HomeMy WebLinkAboutL 12634 P 587SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument' EASEMENT
N,~mher of Pages: 30
Receipt Number · 10-0095798
TRANSFER TAX NUMBER: 10- 0119 2
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE'
Section' Block'
086.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$2,410,535.80
08/16/2010
01:19:27 DM
D00012634
587
Lot:
010.012
Received the Following Fees For Above Instrument
Exempt
Page/Filing $150.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert.Copies $37.50 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
10-01192
THIS PAGE IS A PART OF THE INSTRUMENT
THiS IS NOT A BILL
$20.00
$s5.oo
$0.00
$30. oo
$0.00
$262.50
Exempt
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages ( j _ _ _
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
Handling 20..0_0
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S .A .......
Com~. of Ed. 5. 00
Affidavit
NYS Surcharge 15. 00
Other
Deed / Mortgage Tax Stamp
FEES
RECORDED
2010 flug 16 01:19:27 PM
JUDITH A. Pfl$CflL/
CLERK OF
SUFFOLK COURT?
L D00012654
P 587
bT# 10-0i192
Sub Total
Sub Total
L Dist./ff~) Sectic 10017836 looo oa6oo oloo
Real Property
Tax Service
Agency
Verification
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO'
P, o, ~ox
'i[ .... Reco[ding/Filing Stamps
'
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town ~ Dual County~
Held for Appoint ~
Transfer Tax
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 # ~ c~thi; ,~ti'irn~t-
Community Preservation Fund
;onsideration Amount
}PF Tax Due $
?
Improved
Mail to: Judith A. Pascale, Suffolk County Clerk Title Com lnformati
310 Center Drive, Riverhead, NY 11901
www. suffolkcou ntyny, gov/clerk
Title #
Suffolk Coun Recordin & Endorsement Pa
e
This page forms pan of rite attached _~'____~_ .~_Z.. t~ 45~/~-a?~~ A'~~ ~83'~r;,/~~ (SPECWY TYPE OF ~S~U~~)
.... ~/~ _ff~~/C ~~~ / ZK~ ~ ~ The preinises herein is situated in
SUFFOLK COU~Y, ~W YORK.
,.
TO
BOXES 6 TI4R~[ 8 MIIST BE TYPED OR PRINTED IN BI,ACK INK ONr.Y PRIOR TO RECORDING OR FII JNG_
made by:
Iii the TOWN of
In the VILLAGE
or HAMLET of
GRA_NT OF DEVELOPMENT RIGHTS EASE_M__ENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the ~--'~ day of August, 2010, at $outhold, New York. The parties are
ZIP PECONIC WELLS LLC, c/o Lloyd P. Zuckerberg, 717 Fifth Avenue,
19~h floor, New York, NY 10022 (herein called "Grantor"), and the
TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971
(herein called "Grantee" or "Local Grantee") and to the UNITED
STATES OF AMERICA,~(herein called the "United States"), by and
through the United States Department of Agriculture, Natural
Resources Conservation Service, acting on behalf of the Commodity
Credit Corporation (herein called the "United States"). The Local
Grantee and the United States are collectively referred to as the
"Grantees", The Grantors and Grantees are collectively referred to as
the "Parties". ~ 'c/~ ~ ~ /) -,u~-~, '-/ v / ,S. .f 4 Un ',~ S4-
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #~.9 more fully described in
SCHEDULE "A" attached hereto and made a part hereof and
hereinafter referred to as the "Property" and shown on the survey
prepared by Howard W. Young, Licensed Land Surveyor, for Young &
Young, dated February 1, 2010, and last revised July 19, 2010 (a
reduced copy of which is attached hereto and made a part hereof and
hereinafter referred to as the "Survey"); and
WHEREAS, the Property is located in the R-80 Zoning District of
the Town of Southotd; 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, Natural Resources Conservation Service's
(formerly the Soil Conservation Service) Soil Survey of Suffolk County,
New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection
Program's purpose is to purchase conservation easements 'on land
with prime, unique, or other productive soil for the purpose of
protecting topsoil from conversion to nonagricultural uses (:~6 U.S.C.
3838h and 3838i). Under the authority of the Farm and Ranch Lands
Protection Program, the United States Department of Agriculture
Natural Resources Conservation Service (hereinafter the "United
States" or "NRCS") acting on behalf of the Commodity Credit
Corporation has provided $990,000.00 to the Grantee for the
acquisition of this Easement, entitling the United States to the rights
identified herein.
WHEREAS, the Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used as sod crop in rotation
with other specialty crops; and
WHEREAS, it is the policy of the Town of Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
:[989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law ("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, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any substantial
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 of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property 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
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of Two Million Four Hundred
Ten Thousand Five Hundred Thirty-Five and 80/],00 DOLLARS
($2,410,535.80) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor
does hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon
and shall restrict the premises shown and designated as the Property
herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restriction hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees
as follows'
0._0_1 Grant_or'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, as set forth in Stewart Title ]:nsurance Company
Title Report ST0-801136 and possesses the right to grant this
easement.
0.02... G_.r_.a..n_.tee.'.s Status
r
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under {}64 of Town Law and
§247 of the New York State General Municipal Law ("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 agricultural lands, open spaces and natural or scenic
resources.
!
0.03 Purpose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values by limiting nonagricuftural uses of the
Property. This instrument is intended to convey a Development Rights
Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural 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 York
State and local conservation policies.
0.04 Governmental Recoqnition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the ]:nternal Revenue Code ("]:RC") and Other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. ]:n order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in i~lentifying
and documenting the Property's agricultural 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, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Document includes, but
need not be limited to, a survey dated February :~, 2010 last r. evised
July 19, 2010 prepared by Howard W. Young, Licensed Land Surveyor,
for Young & Young, a Phase :~ Environmental Site Assessment dated
August 22, 2008 by Nelson, Pope & Voorhis, LLC, and a letter dated
November 26, 2008 from the New York State Department of
Environmental Conservation to Nelson, Pope & Voorhis, LLC.
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.
0.06 Recitation
Tn consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type._
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for uses or
purposes consistent with the terms of this Easement, including
agricultural production as that term is presently referenced in §247 of
the General IVlunicipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") and
including the production of crops, livestock and livestock products as
defined in Section 301(2)(a)-(j) of the New York State Agriculture and
Markets Law ("Agriculture and Harkets Law"), now or as such laws
and/or Code may be amended. No future restrictions in said laws
and/or Code or limitation in the definitions set forth in said laws and/or
Code shall preclude a use that is permitted under the current law
and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes' the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include tretlis, posts and wiring, farm
irrigation systems, nursery mats, or fencing necessary for agricultural
operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 .... D_u_ ration
This Easement shall be a burden upon and run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeaI
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 and provides Grantee with the right to administer, manage
and enforce the Easement as provided herein. The word "Grantor"
when used herein shall include all of those persons or entities. Any
rights, obligations, and interests herein granted to Grantor and/or
Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor
and/or Grantee" when used herein shall include all of those persons or
entities.
ARTTC LE TWO
SALE
GRANTOR, for Two Million Four Hundred Ten Thousand Five
Hundred Thirty-Five and 80/:L00 ($ 2,410,535.80) 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.
ART];CLE TH RE E
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 may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
improvements on the Property or in connection with necessary
drainage or soil conservation programs, shall be prohibited, without
the prior written consent of Grantee. 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, or
in connection with normal agricultural/horticultural activities, without
the prior written consent of Grantee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or § 335
of the Real Property Law, as they may be amended, or any other
applicable State or local law. "Subdivision" shall include the division of
the portion of the Property from which the development rights are
acquired into two or more parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the
Town of Southold and as otherwise required by applicable law,
subdivide the property, provided that all resulting parcels contain at
least ~0 acres of preserved agricultural land subject to a development
rights easement.
Notwithstanding this Section 3.03, upon the death of Grantor,
the under'lying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by wilt or
operation of law.
The United States Secretary of Agriculture shall be notified prior
to such division or conveyance.
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. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices on the Property, including fertilization, composting and crop
removal.
_3-_0.5___. _$_i.q_n s
_
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 names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall
be prohibited without the prior written consent of the Grantee.
Underground utilities must, to the extent possible, be constructed
within 30 feet of the centerline of any roads or driveways, and may be
used solely to service the permitted structures on the Property. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, including but not limited to a
riding academy, shall be prohibited. For the purposes of this section,
agricultural production, as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, and including the production of crops, livestock and livestock
products as defined in Section 301(2)(a)-(j) of the Agriculture and
Markets Law, now or as such laws and/or Code may be amended, shall
not be considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial
airstrips and helicopter pads, motorcross biking, or any other
improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the N RCS.
3.09 Conservation Plan
Ail agricultural operations on the Property shall be conducted in
a manner consistent with a resource management system (RMS)
Conservation Plan (the "Conservation Plan") prepared by the NRCS
utilizing the standards and specifications of the NRCS Field Office
Technical Guide, 7 CFR part ~_2 and approved by the Suffolk County
Soil and Water Conservation District. All lands enrolled in the Farm
and Ranch Lands Protection Program will be subject to the
Conservation Plan. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP
will assure that selected conservation practice alternatives will prevent
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
Grantor shall give Grantee copies of the Conservation Plan upon
request and advise Grantee of amendments thereto so as to enable
Grantee to keep its records current.
3.10 Co_nsery. ation Compliance Provisions of the Conservation Plan
As required by Section 1238]: of the Food Security Act of 1985,
as amended, the Grantor, his/her heirs, successors, or assigns, shall
conduct all agricultural operations on the Property in a manner
consistent with a conservation plan (the "Conservation Plan") prepared
in consultation with NRCS and approved by the Suffolk County Soil and
Water Conservation District. This Conservation Plan shall be developed
using the standards and specifications of the NRCS Field Office
Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on August
3, 20:[0. However, the Grantor may develop and implement a
conservation plan that proposes a higher level of conservation and is
consistent with the NRCS Field Office Technical Guide standards and
specifications. NRCS shall have the right to enter upon the Property,
with advance notice to the Grantor, in order to monitor compliance
with the Conservation Plan.
]~n the event of noncompliance with the Conservation Plan, NRCS
shall work with the Grantor to explore methods of compliance and give
the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. ~[f the Grantor does not comply with
the Conservation Plan, NRC$ will inform Grantee of the Grantor's
noncompliance. The Grantee shall take all reasonable steps (including
efforts at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the Conservation Plan following
written notification from NRCS that (a) there is a substantial, ongoing
event or circumstance of non-compliance with the Conservation Plan,
10
(b) NRCS has worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted its appeal rights under applicable NRCS
regulations.
]:f the NRC$ standards and specifications for highly erodible land
are revised after the date of this Grant based on an Act of Congress,
NRCS will work cooperatively with the Grantor to develop and
implement a revised conservation plan. The provisions of this section
apply to the highly erodible land conservation requirements of the
Farm and Ranch Lands Protection Program and are not intended to
affect any other natural resources conservation requirements to which
the Grantor may be or become subject.
3.11 Dr. ai_.n__a_q._e.
_
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and the Conservation Plan and in order to
control flooding or soil erosion on the Property.
3.12 Development Rights
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 rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06, and the
parties agree that any other such development rights shall be
terminated and extinguished and may not be used or transferred to
any other parcels.
ARTICLE FOUR
_G_RANTO R'S RTGHTS
.........
_4_..._01 Ownership
Subject to the provisions of ART]:CLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ART]~CLE FOUR.
]!
4.02 P o s,s. es_s i o n
Grantor shall continue to have the right to exclusive possession
of the Property.
4.03 Use
.__
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement, as wefl as applicable local, State, or federal law. Grantor
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including, but not limited to farmstands and for
educational or training programs related to agricultural production or
activities.
Grantor shall also have the right to use the Property for
traditional private recreational uses, provided such recreational uses
are conducted for the personal enjoyment of Grantor, are compatible
with farming, and are otherwise consistent with and do not derogate
from or defeat the Purpose of this Easement or other applicable law.
These uses shall not be offered or provided for the commercial
purposes, including the commercial gain of Grantor or others.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the property, and to mow the
property.
4.05 Agricultural Production and_.A_c~tj.vit_ie_s_
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, and
including the production of crops, livestock and livestock products as
defined in Section 301(2)(a)-(j) of the Agriculture and Markets Law,
12
now or as such laws and/or Code may be amended. No future
restriction in said laws and/or Code or limitation in the definitions set
forth in said laws and/or Code shall preclude a use that is permitted
under the current law and/or Code.
Grantor may offer "U-Pick" operations and/or the use of a corn
maze to the general public, provided that such activities are conducted
in conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited except as set forth in Section 4.06 herein and as
permitted by ~he Town Code now or in ~he future on agricultural lands
protected by a development rights easement or other instrument,
including bu~ not limited to farmstands.
4.06 Structures
A. Allowable ]:mprovements. Grantor shall have the right to
erect and maintain the following improvements on the Property, as
may be permitted by the Town Code and subject to the approval of the
Town of $outhold Land Preservation Committee, provided the
improvements are consistent with and do not derogate from or defeat
the Purpose of this Easement or other applicable laws'
(i)
Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
New construction, including drainage improvement
structures, provided such structures are necessary
for or accessory to agricultural production; any new
construction as permitted by this 4.06 is restricted to
the Agricultural Structure Area shown on the Survey,
described in Schedule "B" attached and made a part
hereof;
(ii)
Renovation, maintenance and repairs of any existing
structures or structures builL or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Lot coverage shall be limited to 2% of the Property.
13
,
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
No construction is permitted outside of the Agricultural Structure Area
described in this 4.06.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
D. Replacement of ]:mprovements. Tn the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location, subject, to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 N o_ti
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4,06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
._4_.,_.0~ Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property but only subject to this
Easement. Grantor shall promptly notify Grantee and the United
States Secretary of Agriculture of any conveyance of any interest in
the Property, including the full name and mailing address of any
transferee, and the individual principals thereof, under any such
conveyance. The instrument of any such conveyance shall specifically
14
set forth that the interest thereby conveyed is subject to this
Easement, without modification o~ amendment of the te~ms of this
Easement, and shall incorporate this Easement by ~eference,
specifically setting for the date, office, liber 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.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general intent and purpose of this Easement as set
forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and...A__ss_e_s_sments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments subject, however, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation of any rights or interests acquired herein
by Grantee.
5.02 Liabilj_.t_y a_._n.d Indemnification
Grantee and the United States have no obligations whatsoever,
express or implied, relating to the use, maintenance or operation of
the Property. Grantee's or the United States' exercise of, or failure to
exercise, any right conferred by this Easement shall not be deemed to
be management or control of the activities on the Property. Grantee
shall not be liable to Grantor for injuries or death to persons or
damage to property or any other harm in connection with Grantee's
administration and/or enforcement of this Easement, unless such harm
is due to the negligence of Grantee or its agents, in which case liability
shall be apportioned accordingly. Grantor shall indemnify and hold
harmless Grantee, and the United States of America, their employees,
agents and assigns from any and all costs, claims or liability, including
but not limited to reasonable attorneys fees arising from any personal
injury, accidents, negligence or damage relating to the Property, or
any claim thereof, unless due to the negligence of Grantee or its
agents, in which case liability shall be apportioned accordingly.
Grantor further agrees to indemnify and hold harmless Grantee, and
the United State of America, their employees, agents and assigns from
and against any and all claims, costs, expenses, fines, penalties,
assessments, citations, personal injury or death, and the like arising
from or out of the existence (actual or alleged) of any and all
environmentally hazardous or toxic substances or materials
whatsoever on or under the Property.
_5_.0__2_..A Environment,al Warranty
"Environmental Law" or "Environmental Laws" means any and all
Federal, State, local or municipal taws, rules, orders, regulations,
statutes, ordinances, codes, guidelines, policies or requirements of any
governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water,
solid waste, hazardous materials, worker and community right-to-
know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel
oil, waste oils, explosives, reactive materials, ignitable materials,
corrosive materials, hazardous chemicals, hazardous wastes,
hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, radioactive materials, infectious materials
and any other element, compound, mixture, solution or substance
which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with and shall remain in
compliance with, all applicable Environmental Laws. Grantor warrants
that there are no notices by any governmental authority of any
violation or alleged violation of, non-compliance or alleged non-
compliance with or any liability under any Environmental Law relating
to the operations or conditions of the Property.
Grantor further warrants that it has no actual knowledge of a release
or threatened release of any Hazardous Haterials on, at, beneath or
from the Property, as such substances and wastes are defined by
]6
applicable Federal and State law. Moreover, Grantor hereby promises
to defend and indemnify the Grantee and hold harmless and indemnify
the United States against all litigation, claims, demands, penalties and
damages, including reasonable attorneys' fees, arising from or
connected with the release or threatened release of any Hazardous
Materials on, at, beneath or from the Property, or arising from or
connected with a violation of any Environmental Laws by Grantor or
any other prior owner of the Property. Grantor's indemnification
obligation shall not be affected by any authorizations provided by
Grantee or the United States to Grantor with respect to the Property or
any restoration activities carried out by Grantee at the Property;
provided, however, that Grantee shall be responsible for any
Hazardous Materials contributed after this date to the Property by
Grantee.
5.03 Grounds Maintenance Requirement
If Grantor leaves the Property open and does not engage in
agricultural production for two (2) consecutive years, then Grantor
shall implement a Natural Resources Conservation Plan (the "Plan")
approved by Grantee, including the Land Preservation Committee, to
maintain or restore the Property to the condition in which it existed on
the date of this Easement, as evidenced by the documentation referred
to in Section 0.05, in order to protect the environmental, natural,
scenic and agricultural values of the Property. In the event Grantor
fails to comply with the provisions of this section after reasonable
written notice is given to Grantor by Grantee, then, in addition to all
other remedies set forth herein, Grantee or its agents are hereby
authorized to enter upon the Property to implement the Plan, and to
recover the costs of such implementation from Grantor, as provided in
Section 6.03.
ARTTCLE 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.
Representatives of the United States Department of Agriculture shall
also have the right to enter the Property for monitoring conservation
plan implementation, upon prior notice to Grantor and not more
frequently than annually without Grantor's consent. Grantee shall not
have the right to enter upon the Property for any other purposes,
except as provided in Section 5.03 and 6.03, or to permit access upon
the Property by the public.
6, 02 ._.R_e__s_t_o rat i o n
]:n addition to Grantee's remedies under Section 5.03, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within ten (10) days' notice thereof by Grantee
(which notice requirement is expressly waived by Grantor with respect
to any such breach, default or violation which, in Grantee's reasonable
judgment, requires immediate action to preserve and protect any of
the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election:
(i)
To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
18
(ii)
To enter upon the Property and exercise reasonable 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 enforce any term, provision, covenant or obligation in
this Easement 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.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United States of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
Under this Grant of Development Rights Easement, the United
States is granted the right of enforcement in order to protect the
public interest. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any
authority available under State or Federal Law if the Town of Southold
fails to enforce any of the terms of this instrument, as determined in
the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Hailed 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 6.04.
Hailed notice to Grantee shall be addressed to its principal office,
recited herein, marked to the attention of the Supervisor and the Town
19
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04. Notice shall be deemed given
and received as of the date of its manual delivery or three business
days after the date of its mailing. Where notice is required to the
United States of America or to the NRCS, such notice shall be delivered
to U.S. Department of Agriculture, NRCS, c/o Commodity Credit
Corporation, State Conservationist, The Galleries of Syracuse, 441
South Salina Street, Suite 354, Syracuse, New York 13202-2450.
Notice to the N RCS shall be deemed notice to the United States of
America.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ART~[CLE
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 constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee and United States
of America, a court with jurisdiction may, if it determines that
conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in
Section 0.03, extinguish or modify this Easement in accordance with
applicable law. The mere cessation of farming on the Property shall
not be construed to be grounds ¢or extinguishment o¢ this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain approved in advance by the United
States Department of Agriculture NRCS, by the Grantee or by any
other governmental entity, then this Easement shall terminate with
respect to the Property, or portions thereof so taken or condemned,
and the Property shall not be subject to the limitations and restrictions
of this Easement. In such event, the Grantor, its successors or
assigns, shall not be required to pay any penalties, but the value of
the Property shall reflect the limitations of this Easement. Any
condemnation award payable to the Grantor shall be in proportion to
the value attributable to the residual agricultural value of the Property.
If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall
be payable to the Grantee in proportion to the value attributable to the
20
development rights transferred hereby, in accordance with Section
7. :~2_ herein.
ART! C LES EVE N
MISCELLANEOUS
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 shaII be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantor and with the approval of the Secretary of
the United States Department of Agriculture and in accordance with
any applicable State and local laws. Any such amendment shall be
consistent with the Purpose of this Easement and shall comply with the
Town Code and any regulations promulgated thereunder. Any such
amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as
a Conservation Easement in perpetuity under Internal Revenue Code
F3170(h). The parties agree to amend the provisions of this Easement
if such amendment shall be necessary, to entitle Grantor to meet the
requirements of§170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code, or any successor chapter and other applicable laws upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of= the provisions of the Town Code Shall alter
2!
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States of America shall also consent to any
such alienation.
]:n addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 7.11 (Contingent Rights
of United States of America) herein, to transfer all or part of this
Easement to any public agency, or private non-governmental
organization, that at the time of transfer is a "qualified organization"
under §170(h) of the ]:nternal Revenue Code, provided that transferee
expressly agrees to assume the responsibility imposed on the Grantee
by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the United States Department of Agriculture,
NRCS. :if the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public
agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be
notified in writing in advance of such transfer. The NRCS State Office
must approve the choice of any new non-governmental organization in
advance of any transfer of this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. ]:nstead, 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.
7.05, Governinq Law
New York law applicable to deeds to and easements on land
located within New York shall govern this Easement in all respects,
including validity, construction, interpretation, breach, violation and
performance.
7.06 ]:nterpretation
22
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. ~[f 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 all times and by alt parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the Property. Grantee may use images
of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffotk, State of New York.
7.:~0 He.a..dings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
23
7.1_1 Contingent Rights of the United States of America
In the event that Grantee fails to enforce any of the terms of this
Easement, as determined in the sole discretion of the Secretary of the
U.S. Department of Agriculture, the said Secretary of Agriculture and
his or her successor and assigns shall have the right to enforce the
terms of this Easement through any and all authorities available under
Federal or State law. In the event that Grantee attempts to terminate,
transfer or otherwise divest itself of any rights, title or interest of this
Easement without the prior consent of said Secretary and without
payment of consideration to the United States as provided herein,
then, at the option of such Secretary, all right, title and interest in this
Easement shall become vested in the United States of America.
7.12 _. _P_ r_o__c _e_e_d. _s_
The grant of this Easement gives rise to a property right,
immediately vested in Grantee, which, for purposes of calculating
proceeds from a sale or other disposition of the Property as
contemplated under Section 6.06 {Extinguishment of
Easement/Condemnation), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the
"Proportionate Share"). The Proportionate Share is determined by
dividing the value of this Easement, calculated as of the date hereof,
by the unencumbered value of the Property, as reflected in an
appraisal obtained by Grantee dated May 18, 2010, in which the
effective date of valuation is February 11, 2010. The Proportionate
Share is 30.53 percent. The Proportionate Share shall remain constant
(subject to reasonable adjustment to the extent permissible under
Section 170(h) of the Internal Revenue Code for any improvements
which may hereafter be made on the Property).
if any part or all of this Easement is extinguished pursuant to
Section 6.06, the proportional shares of the Grantee and the United
States of America are 58.93 percent, and 41.07 percent, respectively,
24
representing the proportion each party contributed to the purchase
price of the easement.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted a~nd received this Deed of Easement on the day
and year set forth above.
ACKNOWLEDGED AND ACCEPTED'
ZIP PECONiC WELLS LLC, Grantor
BY' Lloy~l P. Zuckerberg, Managing Hember
ACKNOWLEDGED AND ACCEPTED'
THE UNITES STATES OF AMERICA
BY'
. Conservationist
TOWN OF SOU
BY'
Scott A. Russell
Supervisor
Acceptance of Property Interest by the Natural Resources Conservation
Service The Natural Resources Conservation Service, an agency of the
United States Government, hereby accepts and approves the foregoing
conservation easement deed, and the rights conveyed therein, on
beh~a!f 0f the United States of America.
A~t~r~F~. Boozer
stm~e~ of New Yor~. )
Co u n~"~'y~
)~, SS'
2S
On the X~~' day of July in the year 20::[0 before me, the undersigned,
personally appeared Astor F. Boozer, personally known to me or p~oved
to me on the basi~of satisfactory evidence to be the individual (s)
whose name~subscribed to the within instrument and
acJ~nowledg~d tO me that~d~she/they executed the same in
..~~~}her/their capacity (ies~, ~nd that by/~her/their signature(s) on the
:~nstrument, the individual(s), or the person upon behalf of which the :z'~~'i.~J~ ~~,]
~M]]E~j~L~FI~;SO~d, executed the instrument.
Notary Public
No. 01ST5089252
County of Madison, State of N.¥~~ae(c~~i~:e"~(i~di~i~d'~'al";caking acknowledgement
m ssion F kes:
D ccc m[}eTt , ECOUN!_...-.-.-.._-.-. ,.YORK)
!- :~um .r~L.r~) SS'
On this~O day of G'~"~'~ in the year 2010 before me, the
undersigned, personally appeared Lloyd P. Zuckerberg personally
known to me or proved to me on the basis of satisfactory evidence to
be the individual~g~whose name(g~ is C~:~)~subscribed to the within
instrument and acknowledged to me that he/.s~'-/~'-''
, ,~, .... ,-executed the
same in his/~ capacity~-:~-)7 and that by
signature~-)-on the instrument, the individual(-~, or the person upon
behalf of which th~ individualf~ acted executed the instrument
0ualifi~ in
STATE OF NEW YORK) .... ...".;:~,
COUNTY OF SUFFOLK) SS'
,
On this u~--~ day of,4~~s~n the year 2010 before me, the
undersigned, personally appeared Scott A. Russell, personally know. n
to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s)is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
r ~
Notary Public
PATRICIA L FALLON
Notary Public, State O! New Yo~
No, 01 FA4950146
Qualified In Suffolk County
Commission Expires April 24~ ~d'/,/
26
title insurance company "°""
SCHEDULE A - DESCRIFrlON
NEW YORK METRO
212-922-1593 fax
stewartnewyork,com
Title No.: ST0-801136
AMENDED 7128/2010
TOTA .L_AGmC.ULTUE~L EASE_ .ME. NT,_.AREA
AI~ that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at
Peconic, County of Suffolk and State of New York, as shown on a survey made by Young & Young,
dated 2/1/2010 and last revised 7t19/2010 for the Town of Southold known as Lot 3 of Property of Zip
Peconic Wells LLC; said tot being more particularly bounded and described as follows:
BEGINNING at thc comer formed by the intersection of thc southeasterly side of Main Road (N.Y.S.
Rte. 25) and the southwesterly side of Wells Road;
RUNNING THENCE from said beginning along thc southwesterly side of Wells Road thc following two
(2) courses and distances: ,
(~)
(~)
South 33 degrees 18 minutes 25 seconds East, 871.83 feet;
South 08 degrees 03 minutes 45 seconds East, 547.75 feet;
THENCE South 81 degrees 56 minutes 15 seconds West, 56.00 feet;
THENCE South 08 degxees 03 minutes 45 seconds East, 399.92 feet to land now or formerly of Zip
Peconic Wells LLC;
THENCE South 59 degrees 03 minutes 45 seconds West, 476.06 feet to land now or formerly of
Pelligrini Peconic LLC;
THENCE North 34 degrees 40 minutes 26 seconds West, 1,329.59 feet to a monument set on the
southerly side of Main Road (N.Y.S. Rte. 25);
THENCE from said monument along the southeasterly side of Main Road (N.Y.S. Rte. 25) the following
two (2) courses and distances:
(~)
(2)
North 35 degrees 20 minutes 45 seconds East, 820.12 feet;
North 40 degrees 28 minutes 45 seconds East, 206.55 feet to the comer first above
mentioned, the point or place of BEGINNING.
·
SCI~DULE B- DESCRIPTION
Title No.:
ST0-801136
AGRICULTURAL STR_U_C.T....URE AREA__D_.ESCRIFrION._-_.
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, at
Peconic, County of Suffolk and State of New York, as shown on a survey made by Young & Young,
dated 2/1/2010 and last revised 7/19/2010 for the Town of Southotd known as part of Lot 3 of Property
of Zip Peeonic Wells LLC; said part of lot being more particularly bounded.and described as follows:
BEG~G at a point on the southeasterly side of Main Road (N.Y.S. Rte. 25) distant the followi.ng
two (2) courses and distances southwesterly from the comer formed by the intersection of the
southeasterly side of Main Road (N.Y.S. Rte. 25) and the southwesterly side of Wells Road:
,
(1) South 40 degrees 28 minutes 45 seconds West, 206.55 feet;
(2) South 35 degrees 20 minutes 45 seconds West, 607.31 feet to the true point of beginning;
RUNNING THENCE South 34 degrees 40 minutes 26 seconds East, 254.16 feet;
~CE South 55 degrees 19 minutes 34 seconds West, 200.00 feet to land now or formerly of
Petlegrini Peconic LLC;
THENCE North 34 degrees 40 minutes 26 seconds West, 181.44 feet to a monument set on the
southeasterly side of Main Road (N.Y.S. Rte. 25);
THENCE from said monument along said southeasterly side of Main Road (N.Y.S. Rte. 25) North 35
degrees 20 minutes 45 seconds East, 212.81 feet to the point or place of BEGINNING.
/
,.