HomeMy WebLinkAboutL 12227 P 646CONSERVATION EAgEMF, b~
.... T~HI.S, DEED OF CONSERVATION EASEMENT, is made on the 50'~day of December,
vuz au aouthampton, New York. The parties are Merlot LLC, 591 A Bicycle Path~ Port
Jefferson Station, New York 11776 (herein called "Grantor"), and the PECONIC LAND
TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at
296 Hampton Road, P.O. Box 1776, Southampton, New York 1 I969 (herein cai "Grantee")
,[NTRODIICT!ON
WHEREAS, Grantor is the owner in fee simple of certain real properly located in the
Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A and
shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto, made a
part hereof, and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the AC Zoning District of the Town of Southold
which designation, to the extent possible, is intended to prevent the unnecessary loss of those
currently open lands which contain prime agricultural soils as outlined in the Town of Southold
code, Section 100-30, further described as Suffelk County Tax Map Pareel Number 1000-75-2-2;
and
WHEREAS, Grantor wishes to grant a Conservation Easement on the 37.8-acre parcel of
Property so that a portion of the Property (hereinafter referred to as the "Open Area", comprising
28~4 acres of the Property more fully described in SCHEDULE B attached hereto) shall remain
~n its open, undeveloped, and scenic state and the remainder of the Property (hereinalter referred
to as the "Development Area(s)", comprising 9.45 acres of the Property, more fully described in
SCHEDULE C attached hereto), may be further developed with no more than four (4) single-
faro/fy residences with appurtenant structures and improvements and a Winery Complex; and
WHEREAS, the Property contains soils classified as Class I and Class II worthy of
conservation as identified by the United States Department of Agriculture Soil Conservation
Service's Soil Survey of Suffolk County, New York; and
WHEREAS, the Property is part of the New York State Agricultural District #I, and the
Grantor wishes to continue using the Open Area in an agdcultural capacity and as scenic open
space as defined in the Town of Southold Code; and
WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master
Plan of 1973, amended in 1986 and 1989 as adapted by the Town Board, Town of Southold
code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime
agricultural soils, to protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, New York State has recognized the importance of private efforts to preserve
land in ' ·.
a scemc, natural and open condlt~on through conservation easements by enactment of
Environmental Conservation law, Section 49-030 I, et.seq.; and
WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section
57-0101, et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in
the public interest to protect and manage the Pine Barrens/Peconic Bay maritime system,
including the Property; and
WHEREAS, the Property is part of the Peconic Estuary System which was included in
the NalionaI Estuary Program by determination of the United States Environmental Protection
Agency on September 9, 1992, as a "nationally significant estuary"; and
WHEREAS, the Property offers the public sig~Sficant scenic vistas of open land from a
public highway not only of the subject property but across the subject property to farmland to the
north; and
WHEREAS, the Property in its present scenic, agricultural and open space condition has
substantial and significant value as an aesthetic and agricultural resource by reason of the fact
that it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special character of the region
in which the Property is located, and Grantor and Grantee have, in common, the purpose and
objective ofprotecthig and conserving the present state and inherent, tangible and intangible
values of the Op6a Area as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial and has requested
Grantor, for itself and its successors and aasigns, to grant a Conservation Easement to Grantee in
order to restrict the further development of the Property while permitting compatible uses
thereof;
Now THEREFORE:
Grantor warrants and represents to the Grantee that Grantor is thc owner of the Property
described in SCHEDULE A fi-ee and cle~..~o~iens and encumbrances, :md possesses the fight to
grant this easement.
0.02 Grantee s Stat,~
Grantee warrants and represents to Grantor that Grantee is a 501(c)(3) qualified not-for-
profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986,
(hereina~er called "the Code"), and incorporated under the Not-For-Profit Corporation Law of
New York State for the purpose of conserving and preserving the unique environmental,
agricultural, scenic and open space values of rural lands located in New York State.
0.03 Purpose.
The pal:ties recognize the scenic and agricultural values of the Open Area and have the
common purpose of preserving these values. This inslrument is intended to convey a
Conser~,ation Easement on the Property by Grantor to Grantee, exchisive!y for the purpose of
preserving its open space character in perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development o_C the Open Area for any purpose or in any
manner con~'ury to the provisions hereof, in l~artherance of federal, New York State and local
conservation policies.
0.04 Government RecognitlQll
. New York State has recognized thc importance ofpfivate efforts to preserve rural land in
a sceme, natund, and open condition through conservation restrictions by enactment of
Environmental Conservation Law, Article 49-0301, et. seq.
Grantee warrants and represents that it possesses the intent and ability to enforce the
terms of this Conservation Easement on the Property, and that the Property satisfies the criteria
adopted by Grantee relating to the quality and characteristias of open land that should be
protected and maintained as ope~ land, as determined by.the Board of Directors at a duly
constituted meeting of that Board on September 9, 200Z
Schedule A - Description
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road where the same is intersected by the
easterly side of land now or formerly of Jacqueline Bauer;
RUNNING THENCE along said land north 21 degrees 54 minutes 50 seconds west, 225.04 feet; and
RLrNNING THENCE south 58 degrees 33 minutes 10 seconds west, 183.14 feet to land now or
formerly of Suffolk County & Osprey Dominion Co.;
RUNNING THENCE along said land north 23 degrees 32 minutes 30 seconds west, 2,358.65 feet to
the southerly side of the Long Island Rail Road;
RUNNING THENCE along the southerly side of the Long Island Rail Road north 60 degrees 33
minutes 00 seconds east, 620.76 feet to land now or formerly of Frank A. Chicanowicz IH;
RUNNING THENCE along said land south 26 degrees 02 minutes 30 seconds east, 2,077.18 feet to
land now or formerly ofJon T. Lake;
RUNNING THENCE along said land and along land now or formerly of Janette Jerome & Thomas
C. Jerome south 26 degrees 42 minutes 50 seconds east, 3.~h,~'q feet to land now or fonnerly of
Daniel Jerome & Lisa Jerome; '~O~, -'g"~
RUNNING THENCE along said land south 61 degrees 35 minutes 00 seconds west, 131.73 feet;
RUNNING THENCE along land now or formerly of Celcia Dmello & Leopold Dmello south 59
degrees 05 minutes 00 seconds west, 125.00 feet;
RUNNING THENCE south 26 degrees 15 minutes 00 seconds east, 175 feet to the northerly side of
Main Road;
RUNNING THENCE along the northerly side of Main Road south 59 degrees 11 minutes 30 seconds
west, 305.54 feet to the point or place of BEGINNING.
Schedule B - Description
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point along the easterly side of land now or formerly of Jacqueline Bauer north 21
degrees 54 minutes 50 seconds west, 225.04 feet from the northerly side of Main Road;
RUNNING THENCE along the northerly side of land now or formerly of Jacqueline Bauer south 58
degrees 33 minutes 10 seconds west, 183.14 feet to land now or formerly of Suffolk County &
Osprey Dominion Co.;
RUNNING THENCE along said land north ~23 degrees 32 minutes 30 seconds west, 2,358.65 feet to
the southerly side of the Long Island Rail Road;
RUNNING THENCE along the southerly side of the Long Island Rail Road north 60 degrees 33
minutes 00 seconds east, 620.76 feet to land now or formerly of Frank A. Chicanowicz Iii;
RUNNING THENCE along said land south 26 degrees 02 minutes 30 seconds east, 1138.04 feet;
RUNNING THENCE south 61 degrees 35 minutes 00 seconds west, 259.91 feet;
RUNNING THENCE south 26 degrees 21 minutes 49 seconds east, 1251.3 feet; and
RUNNING THENCE so ath 26 degrees 15 minutes 00 seconds east, 175 feet to the northerly side of
Main Road;
RUNNING THENCE along the northerly side of Main Road south 59 degrees 11 minutes 30 seconds
west, 50.16 feet;
RUNNING THENCE north 26 degrees 15 minutes 00 seconds west, 178.94 feet;
RUNNING THENCE north 26 degrees 21 minutes 49 seconds west, 202.26 feet;
RUNNING THENCE south 59 degrees 11 minutes 30 seconds west, 225.81 feet;
RUNNING THENCE south 21 degrees 54 minutes 50 seconds east, 159.59 feet to the point or place
of BEGINNING.
Schedule C I - Description
· ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road where the same is intersected by the
easterly side of land now or formerly of Jacqueline Bauer;
RUNNING THENCE along said land north 21 degrees 54 minutes 50 seconds west, 384.63 feet; and
RUNNING THENCE north 59 degrees 11 minutes 30 seconds east, 225.81 feet to a 50 foot wide
fight of way;
RUNNING THENCE along said right of way s~uth 26 degrees 21 minutes 49 seconds east, 202.26;
and
RUNNING THENCE south 26 degrees 15 minutes 00 seconds east, 178.94 feet to the northerly side
of Main Road;
RUNNING THENCE along the northerly side of Main Road south 59 degrees 11 minutes 30 seconds
west, 255.38 feet to the point or place of BEGINNING.
Schedule C II - Description
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point along the westerly side of the la~d now or formerly of Celcia Dmello &
Leopold Dmello north 26 degrees 15 minutes 00 second west, 175 feet from the northerly side of
Main Road;
RUNNING THENCE north 26 degrees 21 minutes 44 seconds west, 1251.3 feet;
RUNNING THENCE north 61 degrees 35 minutes 00 seconds east, 259.91 feet to land now or
formerly of Frank A. Chicanowicz 2ill;
RLrNNING THENCE along said land south 26 degrees 02 minutes 30 seconds east, 939.15feet to
land now or formerly ofJon T. Lake;
RUNNING THENCE along said land and along land now or formerly of Janette Jerome & Thomas
C. Jerome south 26 degrees 42 minutes 50 seconds east, 306.84 feet to land now or formerly of
Daniel Jerome & Lisa Jerome;
RUNNING THENCE along said land south 61 degrees 35 minutes 00 seconds west, 131.73 feet;
RUNNING THENCE along land now or formerly of Celeia Dmello & Leopold Dmello south 59
degrees 05 minutes 00 seconds west, 125.00 feet to the point or place of BEGINNING.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP
Number of Pages: 18
TRANSFER TAX NUMBER: 02-21094
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
075.00 02.00
EXAMINED AND CHARGED AS FOLLOWS
$0.00
12/30/2002
03:50:51 PM
D00012227
646
Lot:
002.000
Received the Following Fees For
Page/Filing $54.00
COE $5.00
TP-584 $5.00
Cert. Copies $9.00
SCTM $0.00
Comm. Pres $0.00
TRANSFER TAX NUMBER: 02-21094
THIS PAGE IS
Above Instrument
Exempt
NO Handling
NO NYS SURCHG
NO Notation
NO RPT
NO Transfer tax
NO
Fees Paid
A PART OF THE INSTRUMENT
Exempt
$5.OO NO
$15.00 NO
$0.00 No
$30.00 NO
$0.00 NO
$123.00
Edward P.Romaine
County Clerk, Suffolk County