Loading...
HomeMy WebLinkAboutL 12320 P 981CONSERVATION EASEMENT THINS DEED OF CONSERVATION EASEMENT, is made on the,~c~ay of April 2004 at Southold, New York. The parties are the NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION, INC., having a principal office at 1576 State Street, Schenectady, New York 12304 (herein call "Grantor'~ and the TOWN OF SOLFFHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, P.O. Box 1179, Southold, NY 11971 (herein called Grantee). WHEREAS, Grantor is the owner in fee simple of certa n real pr?_erty located in the Town of Southold, Suffolk County, New York, identified as SC'TM # s 1000-74-4-4. and is more fully described in SCHEDULE A ~'d "%w.". o.-. *~ r., ................ ... ................ .:,~A ,.,,,h .,a, ttached hereto and made a part hereof, and hereinafter r~ferred to a~r~* '~ WHEREAS, Grantor wishes to grant a Conservation Easement on the Property to extinguish the development rights on the Property so that it shall remain in its open, undeveloped, natural and scenic state; 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 located in the Agricultural Conservation Zoning District which, according to the Town Code of Southold, Article III, Section 110-30, is to prevent the unnecessary loss of those currently open lands within the Town containing large, contiguous areas of prime agricultural soils and provide the open rural environment valued by the Town's residents ~ld tourist population; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's co. mprehensive planning documents 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, Article 57 of the New York State Environmental Conservation Law, Section 57~010:~, 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, 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 of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: _0..01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and authorized under Section 64 of the New York Town Law' and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. The parties recognize the environmental, natural, scenic, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, open space, and natural values by preventing the use or development of the Property for any purpose or-in any manner contrary to the provisions hereof, in furtherance of federal, New Yo~,~ State and local conservation policies. _0.04 Grantee's Warranty 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 characteristics of open land that should be protected and maintained as open land. 0.05 D cumentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. ]~n order to aid in identifying and documenting the present condition of the Property's resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation'S. This Baseline Documentation includes, but need not be limited to, a Conservation Easement Nap marked EXH][B1T A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 2 In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. AR~CLE ON_E THE EASE._~N ENT 1.01 Type This instrument conveys a Conservation Easement (herein called the "Easement'% This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO GRANT GRANTOR, for $222,000.00 and other good and valuable consideration hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARI']CLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures or non-agricultural improvements are permitted on the Property including, but not limited to residential, commercial, or industrial buildings, permanent or temporary, except as specifically allowed in Section 4.06. 3.02 Excavation and Removal of Materials; IVl,nin_Qg The excavating or filling of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity does not defeat or derogate from the purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the subdivision or partition does not defeat or derogate from the purposes of this Easement. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes, or chemical waste on the Property shall be prohibited. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the name and address of the Grantor and/or Grantee, (b) to post the Property to control unauthorized entry or use, or (c) to announce Grantee's conservation easement. Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. Any use or activity that causes or is likely to cause ~oil degradation or erosion or pollution of any surface or subsurface waters shall be pr ;ibited; provided that this prohibition shall not be construed as extendir.9 to agricu; ral operations and practices (including, without limitation, the use of agroct~emicals su( ' as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sol .]gricultural management practices of the US Department of Agriculture's National R ]rce Conservation Service. 3.07 Landscaping Activities The cutting or harvesting of timber on the Property, 1 the clearing or removal of trees, shrubs, or other vegetation is prohibited, except fl ,~e following purposes: (a) to clear and restore forest cover that has been damao, ~ or disturbed by forces of nature or human activity, (b) to prune and selectively thih tees to create limited vistas in accordance with good forest management practices anc~ ~e purposes of this Easement, as determined by the Grantor in its sole discret .n, (c) to remove or restore trees, shrubs, or other vegetation when dead, diseased, ~ ayed, or damaged, and (d) to create and maintain the permitted structures and im;:,,vements. 3.08 Uses Non agricultural uses of the Property are prohibited, including but not limited to residential, commercial, commercial recreational, or industrial uses~ The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 4 The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property/=or a drainage basin or sump shall be prohibited except to control flooding or soil erosion on the Property. =~J_0 Development Riohts The use oF the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a re-zoning of= the Property) on the Property and the par~ies agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. GRANTOR'S RIGHT~ SubJect to the provisions of ARTZCLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more paddcularJy described in this ARTZCLE FOUR. 4.02 P e ' n Grantor shall continue to have the right to exclusive possession of the Property. Grantor shall have the Hght to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York,Sta~e, or federal law. fL0'~ Landscaoina Activlf;i~,~, Grantor shall have the right to continue the Current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. 4~05 AQricultural Activttie~ Grantor shall have the right to engage in all types of agriculbJral activity including the raising and cultivation of crops~ livestock and livestock products as set forth in Chapter 25 of the $outhold Town Code, Agricultural Lands Preservation, provided that such activit~ shall 'be conducted in accordance with the purposes of this Easement and subject to other restrictions set forth in this conservation easement (or deed of development rights), including but not limited to the restrictions set forth in Section 3.01 herein, The use of the Property shall be restricted to open land actually used in bona fide agricultural production. Grantor shall have the right tO erect and maintain the following non-residential improvements on the Property that are necessary to and consistent with the agricultural uses as permitted In Section 4,05 hereof, with the prior written consent of Grantee; (i) Intentionally omitted. (ii) Access drive3, to provide access to the improvements permitted by this Section 4.06; and must be permeable surfaces. (iii) Underground facilities used to supply utilities, septic systems, leaching fields, IrrlgatJon systems, and w.~,lls, and control stormwater runoff from the Improvements permitted un03r the terms of this Section 4.06. (iv) Pences, if they are placed so that they do not block or detract from the scenic view, may be constructed but require the prior written approval of the Land Preservation Committee of the Town of Soul:hold. Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, Scenic, open space, and agricultural values which are the subject of this Easement. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days affcer all necessary documentation and information is submitted to Grantee. Grantor shall have the right to convey all or any part of its remaining interest in the ProperLy but only subject to this Easement. Gn.~tor shall promptly notify Grantee of any conveyance of any interest in the Property, , ~cludlng the full name and mailing address of any transferee, and the individual prlnc~ ;als thereof, under any such conveyance. The instrument of any such conveya, .ce shall specifically set forth that the interest thereby conveyed Is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporato this Easement by reference, specifically setting for the date, office, Ilber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. G'RANTOP~ ' S OBLIGATION£ 5.01 IndemnificatiQ~ Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, Judgments or expenses to Grantee or any of its officers, employees, agents or independent contrac'tors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon It or resulting from this Easement, all of which shall be considered Grantors obligations, 5.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Gr~, condition required by this Easement and to enforce ti, proceeding that Grantee may reasonably deem neces: be liable for any changes to the Property resulting fron control, including, without limitation, fire, flood, storm, any prudent action taken by the Grantor unde~ emergen or mitigate significant injury to persons or to the P,'cpe~ r to restore the Property to the ight by any action or /. However, Grantor shall not auses beyond the Grantor's ' earth movement, or from '.:onditions to prevent, abate, .-.suiting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's re~ violation of this Easement are inadequate. Therefore, in a~ limitation of, any other rights of Grantee hereunder at law breach, default or violation of any term, provision, covenar'. part to be observed or performed pursuant to this Easeme~ within forty five (45) days notice thereof by Grantee (whirl expressly waived by Grantor with respect to any such brea~ in Grantee's reasonable judgment, requires immediate acti~ any of the open space values or otherwise to further the p~ Grantee shall have the right at Grantor's sole cost and exp(' election, ~s at law for any ~n to, and not in equity, in the event any obligation on Grantor's not cured by Grantor ~ice requirement is Jefault or violation which, o preserve and protect ;ses of this Easement), and at Grantee's (i) To institute a suit to enjoin or cure such brea temporary and/or permanent injunction, ~lefault or violation by (ii) To enter upon the Property and exercise reasonat)le efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. In the event that Grantee prevails in any legal proceeding brought under the provisions of this Section 6.03, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses'') in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of the IRS Code, Section 170(h)(3), which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Successi n If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market ~/falue of the Property subject to this Easement and the fair market value of the Property unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. AR'I~CLE SEVEN 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto. Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice :shall be deemed given and received as of the date of its manual delivery or the date of i~s mailing. Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Inter retation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. if any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at al; t!mes and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, the right of the public to enter upon the Property without the express permission of Grantor. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN wI-rNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: NEW YORK STATE FEDERA'I'~ON OF GROWERS AND PROCESSORS ASSOC[A'FJON, INC. (Grantor) Marga~t M. Evans, Executive Director ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) ,/;Jo~t~ua I:l~rt'on ' -- Supervisor STATE OF NEW YORK ) COUNTY OF ~ SS: On this 2~ day of~ in the year 2004 before me, the undersigned, personally appeared Margaret H. Evans, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Carol A. Preston Notary Public, State of New York No. 01 PR4972204 Qualified in Fulton County Commission Expires Sept. 24, ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of ~ zn the year 2004 before me, the undersigned, personally appeared Joshua Horton, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature, on the 11 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO 04~3704;57040~SUFF SCHEDULE A-1 (Description) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and desig~ated as Lots 7 and 8 as shown on "Map of Nicholas Aliano" and filed in the Suffolk County Clerk's Office on 10/8/93 as Map No. 9417, said lots being bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (CR 48) distant 298.52 feet southwesterly as measured along the southeasterly side of Middle Road from the comer ,brmed by the intersection of the southeasterly side of Middle Road and the southwesterly side of Paul's Lane, said point of t~c2inning also being the division line between the herein described premises and land no~v or formerly of Krupski; RUNNING THENCE South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 feet to the LIRR; THENCE South 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIRR 389.06 feet to the division line between Lots 6 and 7; -- THENCE along the last mentioned division line the following THREE courses and distances: 1. North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc of a curve to the right having a radius of 2989.79 feet a distance of 320.00 feet to a point; 3. North 21 degrees 4I minutes 20 seconds West 65.01 feet to the southeasterly side of Middle Road; THENCE northeasterly along the southeasterly side of Middle Road the following TWO courses and distances: 1. Along the arc ora curve to the left having a radius of 2924.79 feet a distance of 577.15 feet to a point; 2. North 56 degrees 07 minutes 20 seconds East 76.56 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real preperty. FOR CONVEYANCING ONL K' Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining saidpremises. SCHEDULE A-i (Description) SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 14 Receipt Number : 04-0059578 TRANSFER TAX NUMBER: 03-44042 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 074.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument E:cempt Page/Filing $42 coE $5 TP-584 $5 Cert.Copies $0 SCTM $0 Comm. Pres $0 00 NO Handling 00 NO NYS SRCHG 00 NO Notation 00 NO RPT 00 NO Transfer tax 00 NO TRANSFER TAX NUMBER: 03-44042 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 05/24/2004 03:51:01 PM D00012320 981 Lot: 004.009 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $102.00 Number of pages / TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Tax Stamp FEES RECORDED 2004 Nay 24 03:51:0! PM Edward P.Romaine CLERK OF SUFFOLK COUNT? L 000012320 P DT# 03-44042 Recording / Filing Stamps Deed / Mortgage Instrument 31 Page/Filing Fee (~f/~) '--'-- Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.ETS.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 5. 00 15. 00 Iseca%nV // 4 Dist. Real Property Tax Service Agency Vehfication Sub Total Grand Total I Block~V/~'~t~ 61 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town Dual County __~ Held for Appointment Transfer Tax ,~--~X,~'m P Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO. see appropriate tax clause on page# o f thi~.~s._ta-u.~ L.~V 5 Com~,mity Preservation Consideration Amount $ 2~.~ CPF Tax Due $ Improved Vacant Land / TD TD TD (SPECIFY TYPE OF INSTRUMENT) F The premises herein is situated in SUFFOLK COUNTY, ~W YORK. In the ,wnship of Y...~ ~ In ~e VILLAGE 7 [ Title Company Information Title #,~.~ d,//~.~ ' / Suffolk County Recording & Endorsement Page This page forms part of the attached d'~_~ ,~ '~J/e,/~ &/~ ~Ft~[~ made by: or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over)