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HomeMy WebLinkAbout1000-125.-3-4.1SUFFOLKTIMES;COM LEGAL NOTICE NOIICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of thc Town Code, the Town Board of the Town of Southold h e r c b y Bll~[ll~lgxglz her 16. 2010. at 4'.35 n.m.. Peeonic Laad. I NOVEMBER11,2010 I d~d cioJla~) pez futgdabie acz~ applicable acquisition costs in confor- mance wi~ tho ~ of Clmpter 17 (Community Preservation Fund) and Chapter 70 (Agricultural L~ds) of the Tovaa Cede. Town purchasing fee title to 31~: acres, of which 29± acres are subje~ to a De- valopment Rights Easement and acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with develop- is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price deter- mined by the differenc~ between the total purclmse price and the total devel- opment rights easement purchase price, with such purchase price estimated at $822~500 (eight hundred twenty-two thousand five fumdred dollars) plus ap- plicable acquisition costs. The second Farmland Preservatin~ Bond and is be- ing accomplished pursuant to and in conformance with the Farmland Preser- vation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's property that should be preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in La~d Preservation Depart- ment, Southold Town l~all Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hourx Dated: November 4, 2010 BY ORDER OF THE Tov~q BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Ne~fille 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1. APPLICANT/SPONSO~ __/I ~ ~-~ ~ ~ 12. PROJECT NAME 8, PROJECT L~ATION~ Municipality ~ ~-'~,tb\ ~' County ~ O'~ ~ ~:~ 4. PRECISE LOCATION (Street address and road intersections, prominent landman~s, etc.. or provide map) 5. PRO~P(~SED ACTION IS: [] New [] Expansion [] ModificafiolValteration 6. DESCRIBE PROJECT BRIEFLY: W' ,t , 7. AMOUm O~ ~D AFFECTED: Initially .~ J ~ a~s Ultimately 8. W1LL PROPOSED ACTION COMPLY W1TH EXISTI~ ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~~ Yes [] No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~l~esidential [~ Ind ust rial r~ Commefctal //~griculture ~ark/Fores~/Open Space ~] Otber 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE ~OR ~DCAL)? [] Yes [~o If Yes. list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? L_J Yes [~No If Yes. list agency(s) name and pelmit/appmvals: 12. AS A RESULT OF PROPOSED ACTION VVILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~]Yes UNo I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE/ / Applicant/sponso~ name: ~ O U'~I,,W3~.~L Toe,4~"~ Date: //,/[ :2./! ~3) If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. B. W1LLACTIONRECEIVECDORDINATEDREVlE~NAS PROVIDEDFORUNLISTEDACTIONSlN6NYCRR, PART617.67 IfNo, anegative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwdffen, if legible) C1. Existing air quality, sudace or groundwater quality or quantity, noise levels, existing traffic paltem, solid waste production or disposal, poteqti{~l for erosion, drainage or floodlng problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain bhefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered spedes? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: C5. Grc~,.subssquent development, or related activities likely to be induced by the proposed action? Explain bdefiy: C6. Lon~l t~rm, short term, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7. Othe~acte (inc~nding changes in use of either quantity or type of energy)? Explain bdefiy; D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~_u~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~[~No If Yes, explain briefly; PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reechedvemee~ectidenti~edab~ve~determinewhetheritissubstantia~~~arge~imp~rtaat~r~therwisesigni~cant. Each effect should be assessed in connection with its (al setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (el geographic scope; and (fl magnitude. If necessary, add attachments or reference supporting mate[ials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. I[ question D of Pa~t II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Checl~th~sb~xify~uhaveiden~ed~ne~rm~rep~tentia~y~arge~rsigni~cantadverseimpactswhlch~iflAY~ccur~ TbenproceeddirecfiytotheFULI EAF and/or prepare a positive declaration. [~ Chec~ this box if you have determined, based on the information and analysis above and any supporting documentation, that the ?re~(~sed actio? WILl NOT result in any significant adverse environmental impacts AND provide, on attachments as necessa~, the reasons supporting this determmafiop Name of Lead Agency Sl{~r~'-of Respons~le Officer in Lead Agency Date Signa[-ure-of PreDarer (If different'fl~fl responsible officer 10028 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1_!_ week(s), successively, commencing on the 25th day of November, 2010. Principal Clerk Sworn to before me this .~(~/ day of 2010. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 24~ (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accents the petition of Edward Sawi~kl to establish ooen devel- ooment area as complete, and hereby ~e~s Toesdav. November ~0. 2010. at 7:35 n.m.. CHRISTINA VOLINBKI ',IOTA~Y PUBLIC-STATE OF NEW YORK No. Ol-Y06105050 Qualified In Suffolk County ERICJ. BRESSLER ABIGAIL A. WICKHAM EYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MAI'TITUCK. LONG ISI,AND NEW YORK 11952 631-298-8353 TELtWAX NO. 631-298-8565 ~ wblaw:~(aol.com November 22, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HO[.LOW ROAD SUI I'E I I I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 RECEiVeD Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawieki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 Dear Ms. Neville: Mr. Sawicki and his family, after careful consideration, have elected to withdraw the ODA application. He will proceed with the sale of development rights to the Town of Southold in order to preserve it and retain it as an integral farm, not a potential subdivision. We very much appreciate the extensive and expedited work of your office, the Town Attorney's office, and the Planning and Land Preservation Departments in working on this matter. Very truly yours, Abigail A. Wickham .4.4Wdm 30'shdtcl cc: Planning' Board Land Presem'ation Dept. NOTICE OF PUBLIC HEARING NO~qCE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Co(lc, the Town Board of the Town of Page 1 of 1 Cooper, Linda From: Legals [legals@timesreview.com] Sent: Thursday, November 18, 2010 10:00 AM To: Cooper, Linda Subject: RE: Sawicki ODA 11-30-10 Hi Linda, I have received the notice and we are good to go for the 11/24 issue. Thanks and have a great day! Candice From: Cooper, Linda [mailto:Linda. Cooper@town.southold.ny.us] Sent: Wednesday, November 17, 2010 3:09 PH To: Legals SubJect: Sawicki ODA 11-30-10 Please confirm receipt of this Legal Notice of Public Hearing for the Nov. 24 edition of the Suffolk Times. Thank you L Cooper 11/18/2010 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) LINDA J. COOPER, Deputy Town Clerk of the Town of Southold, New York being duly sworn, says that on the o~o9, day of/6/O~ _, 2010, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Re: Sawicki ODA Sworn before me this 03 day of txd~ 201~. tt0tar~ Public, State 0I ~e~ Y0~ N0.01D0fi005328, Su~f01k C0un~ lerm Expires July 7, 20~ Deputy Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Edward Sawicki to establish open development area as complete, and hereby sets Tuesday~ November 30~ 2010, at 7:35 p.m.~ Southold Town Hall, 53095 Main Road~ Southold~ New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Edward Sawicki, said property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is on the south side of Main Road, approximately I00 feet easterly from the intersection of Main Road and Franklinville Road in Laurel, New York. The proposed open development area is located on 2.5556+_ acres of the 13.0464_+ acre parcel. The open development area consists of 3 lots to include 2 residential lots and 1 agricultural reserved area. The development rights of the remaining 8.74+ acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above- mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: November 16, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 24, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Planning Dept Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board Page 1 of 1 Cooper, Linda From: Cooper, Linda Sent: Wednesday, November 17, 2010 3:09 PM To: 'Legals' Subject: Sawicki ODA 11-30-10 Attachments: Sawicki ODA 11-30-10.doc Please confirm receipt of this Legal Notice of Public Hearing for the Nov. 24 edition of the Suffolk Times. Thank you L Cooper 11/17/2010 RESOLUTION 2010-911 ADOPTED DOC ID: 6372 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-911 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: WHEREAS, the Planning Board for the Town of Southold has issued sketch plat plan approval for a Conservation Subdivision on November 15, 2010, pursuant to Section 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Abigail A. Wickham, Esq. on behalf of Edward Sawicki to establish an open development area pursuant to Chapter 240 of the Town Code; now, therefore, be it RESOLVED that pursuant to the provisions of Chapter 240 (Subdivision of Land), Article VIII (Open Development Area), of the Town Code, the Town Board of the Town of Southold hereby accepts the petition of Edward Sawicki to establish open development area as complete~ and hereby sets Tuesday~ November 30, 2010~ at 7:35 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York, as the time and place for a public hearing for the establishment of an open development area on property owned by Edward Sawicki~ said property is identified as part of SCTM #1000-125-3-4.1, with an address at 2700 Route 25 (Main Road), Laurel. The property is located in the A-C Zoning District and is on the south side of Main Road, approximately 100 feet easterly from the intersection of Main Road and Franklinville Road in Laurel, New York. The proposed open development area is located on 2.5556_+ acres of the 13.0464_+ acre parcel. The open development area consists of 3 lots to include 2 residential lots and 1 agricultural reserved area. The development rights of the remaining 8.74+acres are to be acquired by the Town using Community Preservation Funds and subject to a development rights easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned petition to establish an open development area is on file in the Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: Albert Kmpski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Neville, Elizabeth Page 1 of 1 From: Neville, Elizabeth Sent: Saturday, November 13, 2010 2:34 PM To: Lanza, Heather Subject: ODA Attachments: ODA Sawicki Family Prop _20101112154409.pdf; Another ODA petition.him TB email.htm Heather, I am sorry I neglected to send this to you at the same time I sent it to the Town Board and Town Attorney. Betty Elizabeth A. Neville, RMC, CMC, MMC Southold Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 11/13/2010 Page 1 of I Neville, Elizabeth From: Neville, Elizabeth Sent: Friday, November 12, 2010 8:27 PM To: 'Al Krupski'; Andaloro, Jennifer; Christopher Talbot; Evans, Louisa; Finnegan, Martin; Krauza, Lynne; Orlando, Vincent; 'Phillip Beltz'; Russell, Scott; William Ruland; Woodhull, Ruthanne Subject: Another ODA petition Attachments: ODA Sawicki Family Prop _20101112154409.pdf Attached please find another Open Development Area (ODA) petition filed by Abaigail Wickham on behalf of the Sawicki Family Property. Elizabeth A. Neville, RMC, CMC, MMC Southoid Town Clerk PO Box 1179 Southold, NY 11971 Tel 631 765-1800 Fax 631 765-6145 11/12/2010 ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATT1TUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com November 12, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I I I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawicki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 RECEIVED NOV 1 2 L IO ~ou~holrl To~v. Cie& Dear Mrs. Neville: I am enclosing a Petition to the Southold Town Board with the sketch map as an Exhibit. The applicant, Edward Sawicki, desires to obtain an Open Development Area pursuant to the Southold Town Code Article VIII Section 240-26. The surveys will be delivered on Monday. The development rights on 9.373 acres of a 13.0464 acre parcel are to be sold to the Town of Southold. In addition, 1.117 acres of the 13.0464 acre parcel will be clustered subdivision open space. The easement preserving at least 80% of the property will consist of the easement to be signed and recorded on the sale of development rights, copy attached, and the open space covenants required by the Planning Board as a condition of sketch plan approval, copy attached. We respectively request that you present the Petition to the Town Board in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. Very tm~ yolars~ ,~ t , .Abigail A. Wictmam AA W/dm encl. 30/shdtcl TOWN BOARD OF THE TOWN OF SOUTHOLD STATE OF NEW YORK In the Matter of the Application of EDWARD SAWICKI, individually and as Executor of the ESTATE OF STANLEY SAWICKI, Petitioner For the Establishment of an Open Development Area Plan of the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD Petitioner, Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki, respectfully alleges and requests: 1. Petitioner is the owner of 13.0464 acres of real property located in the A-C Zoning District of the Town of Southold at 2700 Main Road, Laurel, New York ("the Property"), and makes this Petition to the Town Board of the Town of Southold for establishment of an Open Development Area pursuant to Section 280-a(4) of the New York State Town Law. 2. The Property is designated as SCTM#1000-125.00-03.00-004.001. 3. The Property is the subject ora conservation subdivision application pending before the Southold Town Planning Board, and more fully known as the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel prepared by Peconic Surveyors and last dated November 7, 2010 (the "Map"), which Map is annexed hereto as Exhibit A. 4. The proposed conservation subdivision includes two (2) proposed residential lots of .4887 acres and 1.4325 acres, respectively, and an Agricultural Lot containing 11.1252 acres. The Agricultural Lot contains an Agricultural Preserved Area of 10.4908 acres, consisting of 408,299 square feet to which the development rights are being sold to the Town of Southold and 48,678 square feet of clustered subdivision open space. The total preserved area is more than 80% of the buildable land of the Property. 5. The Petitioner seeks the right to obtain future approval of the lots on the Map and issuance of permits for the erection of structures thereon in accordance with the A-C Zoning District and the density and minimum lot size for the lots in effect upon the approval of a Resolution of the Town Board establishing this Open Development Area as submitted. 6. The preserved area will have direct access to the Main Road, NYS Route 25, as shown on the Map. 7. The Petitioner desires to have the conservation subdivision recognized and approved as an Open Development Area (ODA). Wherefore, the Petitioner petitions this Board pursuant to Article VIII Section 240-26 of the Code of the Town of Southold and pursuant to Section 280-a(4) of the New York State Town Law to hold a hearing and to approved this petition by declaring the site to be an Open Development Area, with full authority of the Petitioner to complete the subdivision at a future date. Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki STATE OF NEW YORK COUNTY OF SUFFOLK On November 10, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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' on the instrument, the individual(s), or the person(s which the individual(s) acted, executed the instrmr ~tby his/her/their signature(s) entity(ies) upon behalf of Public Re/ODAPetition DONNA McGAHAN Notary Public, State of New York No. 01MC485146g Qualified In Suffo k County Commission Expires Aug. 18,~__ LIS TERED 80160 cONSER VA TION SUBDIVISION "~4 WICKI FARM A'T LAUREL + SKETCH PLAN TO FN OF $OUTHOLD SUFFOLK COUNTY, N.Y. I000-IE5-03-4.I ECAL~. SEPTEMBER 2~ 2~ JA~ARY 2~ ~0 ~ ~, ~o ~) ~. ~ ~010 3une $.4, 2009 GRAiNT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ,2009 at Southoid, New York, The parties are Estate of ' individually and as Executor, P.O. B~ (.nere~n calleo ' Grantor"), and the TOWN OF SOUTHOLD, ~] municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee'9. 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 #10~ more fully described in Schedule "A" attached hereto and made a par[ hereof and hereinafter referred to as the "Property" and shown on the survey dated and last revised. .orepared by _(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 A-C Zoning Districts of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #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 for row 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 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York 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 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 .-- 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 H,4 VE,4ND 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 fee title to the property, and the exclusive dght 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~ Grantor's Warran 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. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a munidpal corporation organized and existing under the laws of the State of New York and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law (''General Munidpal Law") to acquire fee title or lesser interests in land, including development fights, 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. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exdusively 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 Internal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to..ai~ in !de.eUfyi.~9 and documenting the present condition of the Property's natural, scenic, ag~iculturai, '~]6d ~estheUc resources and otherwise to aid in identifying and documenting the Property',.s agricu.'ltur~l values as of the date hereof, to assist Grantor and Grantee with m.onitoring th~~. uses and activities on the Property and ensudng compliance with tt~e terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline DocumentaUon'~). This Baseline Documentation includes, but need not be limited to, a survey prepared by. dated and last revised j an aedal photograph of the Property, and maps on file with the Town Land Preservation Department (modify as necessary). Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors 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 Redtation In consideraUon 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 Developmen~ Rights Easement (herein called the "Easement'9. This Easement shall consist of the limitations, agreements, covenants, use restrictions, fights, 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 any purpose other than agricultural producUon as that term is presently referenced in §247 of the General Municipal 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 §301(2)(a)-0) of the New York State Agriculture and Markets Law (''Agriculture and Markets 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, includi.ng walkways. Structures shall not include t~eliisl fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, 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 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Preperty as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns, a~d 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 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" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTORS, for Six Hundred Three Thousand Dollars ($603,000.00) and such other good and valuable consideration, hereby grant, release, and convey 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. ARTICLETHREE 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 Preservat on Comm'ttee ~ and other applicable provisions of the Town Code and 1.02 and 4.06 mf this Easement. ~ 3.02 Excavation and Removal of Materials; Mininq 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 t~e ~rio~ wcKten~sonsent-ef~rar~ee. 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 dghts are acquired into two or more parcels, in whole or in part. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumoinq 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, including fertilization, composting and crop removal. 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 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, 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. The Property may not be used for the creation or placement of utilities to service any other properties. (subject to further discussion regarding irrigation well) 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 limitedto adding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General lViunidpal Law and/or defined in Chapter 70 of the Town Code, and incliJding the production of crops, livestock and livestock products as defined in Section 30:[(2)(a)-0) 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 farm stands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Prope~a/.....,...,~ 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. 3.09 Drainaqe 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 in order to control flooding or soil erosion on the Property. 3.:~0 Development Riqhts 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 dghts (and any further development rights that may be created through a rezoning of the Property) on the ProperLy, 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 or elsewhere in this Easement, 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 GRANTOR'S RIGHTS 4.0:[ Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession 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 well 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 farm stands. 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 restg~~.~:rees~ shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering With agric~Jltural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aqricu[tural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is 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 §301(2)(a)-0) of the AgricuKure and Markets 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. 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 §4.06 herein and as 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 farm stands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: including the existing irrigation well shown on the survey, (i) Underground facilities~used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, ,open space and scenic vi~;t_~s~ otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. 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. Grantors 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 Improvements. In 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 Sect~bn 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. z}.07 Notice 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. 4.08 Alienabilib/ Grantor shall have the dght to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall prompUy noUfy Grantee 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 set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, spedfically setting forth 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 Assessments 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 dght to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or munidpal charges shall not cause an alienation of any dghts or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, adsing from injury due to the physical maintenance or condition of the Property caused by Grantors actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, alt of which shall be considered Grantor's obligations. 5;03 T~ird Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, coasts, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any ¢,f its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or clair, ns of any nature by third parties arising out of the entering into or exercise of righ~ts under this Easement, excepting any of those matters arising (Delete solely) from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reouirement If Grantor.does not e_n_g_a._qe in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan'~ approved by Grantor (which approval by Grantor' shall not be unreasonably withheld) and 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 agficultaral values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable wdtten 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 5.02 and 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Insoection 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have t_he right to require_.~__e_ Grantor to restore the Property~F~Ltb~oJ~diti~n ~'equi,red by this Easem_en~ ~n. Qd_. 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 Grantors control, including, without limitaUon, 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 Riahts 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 fights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or Deleted: leaves the Property open (fa ow/uncultivated?) and Grantee shall have the right to enter upon th..e.~Property_ at r.ea~sor!~ble ,) times, u_pon prior ~nd in a manner that will not interfere with ~3rantor'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 purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property. ~ obligation on Grantor's part to be observed or performed pursuant to, this Easement is not cured by Grantor within ~'ifteen (~.5) days' written nobice.thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reas;onable 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 dght at Grantors sole cost and expense and at Gr~ntee's election: To institute a suit to enjoin or cure ~uch breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exerdse 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 pdor 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, condiUons, 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 dght 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, condiUon, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ~'i~'teen {15) days. 6.04 Notice All notices required by this Easement must be wdtten. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed noUce to Grantor shall be addressed to Grantors address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. ~lailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town 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. 6.05 No Waiver Grantee's exercise of one remedy or relief under this AR'I-[CLE S~X 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 Extinquishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines.that.condiUons su~roundin~the Properb/.~Save cbanged sQ much that it becomes impossible to fulfill the Purpose of this Easement described .Deleted: (how about 30?) ten (10]) [~ Deleted: (307)10 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 for extinguishment of this Easement. if at any time the Property or any portion thereof shall be taken or condemned by eminent domain, 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 and 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 development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandino This Easement contains the entire understanding between the 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 may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under i'nternal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §:[70(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 fights 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 heating 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 the limitations placed upon the alienation of those property fights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid.or unenCorceable. I~/.a~cour~.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. 7.05 Governin Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in ail respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation 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 shale 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 affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character pdmadly negative in that Grantor has restricted and limited their right to use the Property, except as otherwise redted herein, be construed at all times and by all 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-commerdal reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordino Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND.A~ZCEE~EQ: ......................... _ .................................... DRAFT - subiect to approval of Planning Board GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this __ day of November, 2010, by and between Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki, residing at Mattituck, NY l 1952 (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 13.0464 acres of land identified by Suffolk County Tax Map number 1000-125.00-03.00-004.001; located at Main Road, Laurel, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by Peconic Surveyors entitled Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel prepared by Peconic Surveyors and last dated November 7, 2010 (the "Map") which has received Sketch Plan Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Section 240-10(3)(b) of the Subdivision Code of the Town of Southold (the Code) requires that Conservation Subdivisions are required to preserve a minimum of 80% of buildable lands within the subdivision in perpetuity; and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that all of Lot 3 on said Map be encumbered by an Easement, as set forth below and to be recorded in the Suffolk County Clerk's Office, providing for an Agricultural Reserve Area and an Agricultural Preserved Area as to which a portion is clustered open space and a portion contains development rights acquired by the Town of Southold; WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Agricultural Reserve Area and the Agricultural Preserved Area and have the common purpose of preserving these values; and NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: 1. GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Grantor has simultaneously herewith granted a Development Rights Easement encumbering the Agricultural Preserved Area portion of Lot 3, described in Schedule B attached hereto, to be recorded simultaneously herewith in the Suffolk County Clerk's Office. 2. CLUSTERED OPEN SPACE AREA UNDER SECTION 240 OF THE CODE. Pursuant to Section 240 of the Code, Lots 1 and 2 are clustered to an area of less than the 80,000 minimum square footage required by the Code. Accordingly, the clustered open space area of Lots 1 and 2 is 48,678 square feet and is included within the Agricultural Preserved Area of Lot 3. The Development Rights Easement runs concurrently with this Open Space Easement, and no specific portion of the Agricultural Preserved Ama is allocated to this Open Space Area. This Open Space Easement is granted to conform to the provisions of the Town Code and acknowledge the restriction of up to 48,678 square feet of the Agricultural Preserved Area of Lot 3 is encumbered by virtue of the 80/60 clustered subdivision regulations of the Town Code. 3. RESIDENTIAL RESTRICTIONS ON LOT 3. The Grantor agrees that no part of Lot 3, including without limitation the Agricultural Reserve Area, shall be used for a dwelling or other residential use. 4. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exemise of the Grantee's right granted herein. 5. CONSERVATION EASEMENT. Grantor agrees to the same prohibitions and restrictions within the Open Space Area as is included in the Development Rights Easement set forth above. 6. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein or in the Development Rights Easement, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non-commercial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 7. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 3 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. 8. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 9. PERPETUAL EASEMENT. This easement and the rights granted herein shall nm with the land, and shall continue and remain in effect in perpetuity. 10. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes 2 of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) (ii) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 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. The cure period in this section may be extended for a reasonable time by Grantee if such restoration carmot reasonably accomplished within 15 days. 11. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. 1N WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. STATE OF NEW YORK COUNTY OF SUFFOLK Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki On November 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) or entity(ies) upon behalf of which the individual(s) acted, executed the instrument. Notary Public SCHEDULE A DESCRIPTION OF ENTIRE PREMISESON MAP SCHEDULE B DESCRIPTION OF AGRICULTURAL PRESERVED AREA ERIC J, BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANE I' GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD. P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw(a~aol.com November 12, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MEI,VILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Town Clerk Elizabeth A. Neville's Office Town of Southold Post Office Box 1179 Southold, New York 11971 Re: Sawicki Family Property Address: 2700 Main Road, Laurel, New York 11948 SCTM# 1000-125-3-4.1 RECEIVED NOV 12 2010 t, oulhold Town Cie& Dear Mrs. Neville: I am enclosing a Petition to the Southold Town Board with the sketch map as an Exhibit. The applicant, Edward Sawicki, desires to obtain an Open Development Area pursuant to the Southold Town Code Article VIII Section 240-26. The surveys will be delivered on Monday. The development rights on 9.373 acres of a 13.0464 acre parcel are to be sold to the Town of Southold. In addition, 1.117 acres of the 13.0464 acre parcel will be clustered subdivision open space. The easement preserving at least 80% of the property will consist of the easement to be signed and recorded on the sale of development rights, copy attached, and the open space covenants required by the Planning Board as a condition of sketch plan approval, copy attached. We respectively request that you present the Petition to the Town Board in order to permit the Town Board to review the Petition and to schedule a public hearing and therefore adopt a Resolution recognizing an Open Development Area for the subject parcel. Very truly yours,q ~ , , / Abigail A. Wickham W/dm 30/~hdtcl TOWN BOARD OF THE TOWN OF SOUTHOLD STATE OF NEW YORK In the Matter of the Application of EDWARD SAWICKI, individually and as Executor of the ESTATE OF STANLEY SAWICKI. Petitioner For the Establishment of an Open Development Area Plan of the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel PETITION TO THE TOWN BOARD OF THE TOWN OF SOUTHOLD Petitioner, Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki, respectfully alleges and requests: 1. Petitioner is the owner of 13.0464 acres of real property located in the A-C Zoning District of the Town of Southold at 2700 Main Road, Laurel, New York ("the Property"), and makes this Petition to the Town Board of the Town of Southold for establishment of an Open Development Area pursuant to Section 280-a(4) of the New York State Town Law. 2. The Property is designated as SCTM# 1000-125.00-03.00-004.001. 3. The Property is the subject of a conservation subdivision application pending before the Southold Town Planning Board, and more fully known as the Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel prepared by Peconic Surveyors and last dated November 7, 2010 (the "Map"), which Map is annexed hereto as Exhibit A. 4. The proposed conservation subdivision includes two (2) proposed residential lots of .4887 acres and 1.4325 acres, respectively, and an Agricultural Lot containing 11.1252 acres. The Agricultural Lot contains an Agricultural Preserved Area of 10.4908 acres, consisting of 408,299 square feet to which the development rights are being sold to the Town of Southold and 48,678 square feet of clustered subdivision open space. The total preserved area is more than 80% of the buildable land of the Property. 5. The Petitioner seeks the right to obtain future approval of the lots on the Map and issuance of permits for the erection of structures thereon in accordance with the A-C Zoning District and the density and minimum lot size for the lots in effect upon the approval of a Resolution of the Town Board establishing this Open Development Area as submitted. 6. The preserved area will have direct access to the Main Road, NYS Route 25, as shown on the Map. 7. The Petitioner desires to have the conservation subdivision recognized and approved as an Open Development Area (ODA). Wherefore, the Petitioner petitions this Board pursuant to Article VIII Section 240-26 of the Code of the Town of Southold and pursuant to Section 280-a(4) of the New York State Town Law to hold a hearing and to approved this petition by 2 declaring the site to be an Open Development Area, with full authority of the Petitioner to complete the subdivision at a future date. STATE OF NEW YORK COUNTY OF SUFFOLK Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki On November 10, 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(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 on the instrument, the individual(s), or the person(s which the individual(s) acted, executed the instrum It by his/her/their signature(s) entity(ies) upon behalf of Public Re/ODAPetition DONNA McGAHAN Notary Public, State of New York No. 01MC4851459 Oualified In Suffo k County Commission EXpires Aug. ~ *lune 14, 2009 GRA:NT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ,2009 at Southold, New York. The parties are Estate of ' individually and as Executor, P.O. B( (.hereto ca.leu Grantor'% and the TOWN OF SOUTHOLD, ~ municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee'9. 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 #10t more fully described in Schedule "A" attached hereto and made a par[ hereof and hereinafter referred to as the "Property" and shown on the survey dated and last revised _prepared by .(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 A-C Zoning Districts of the Town of Southold; 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 WHERF__AS` 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 for row crops; and WfIEREA.¢, 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 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York 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 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 Properb/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 . and other good and valuable cons.deration 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 H,4 FE/WD 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 fee title to the property, and 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: 0.01 Grantors Warran~ Grantor warrants and represents to the Grantee that Grantor Es the owner of the Property described in Schedule "A", free of any mortgages or liens. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a munidpal corporation organized and existing under the laws of the State of New York 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. 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, agricuEural 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 Internal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In 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 identifying and documenting the Property',.s agricu.'ltur~l values as of the date hereof, to assist Grantor and Grantee with m.onitofing thte uses and activities on the Property and ensuring compliance with tl~e terms hereof, Grantee has prepared, with Grantor'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 survey prepared by dated and last revised , an aerial photograph of the Property, and maps on file with the Town Land Preservation Department (modify as necessary). 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 In 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'S. This Easement shall consist of the limitations, agreements, covenants, use restrictions, dghts, 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 any purpose other than 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 of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in {}301(2)(a)-(j) of the New York State Agriculture and Markets Law (''Agriculture and Markets 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 trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production~ 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 Duration 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 incorporeal interest in t~e Property, and shall extend to and be binding upon Grantor, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns, a~d 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 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" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTORS, for Six Hundred Three Thousand Dollars ($603,000.00) and such other good and valuable consideration, hereby grant, release, and convey 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. ARTICLE 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: 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 nf this Easement. 3.02 Excavation and Removal of Materials; Mininq 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. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials includin,g, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in t'he normal course of sound agricultural practices, including fertilization, composting and crop removal. 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 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, 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. The Property may not be used for the creation or placement of utilities to service any other properties. (subject to further discussion regarding irrigation well) 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 farm stands, 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. 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. 3.09 Drainaqe 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 in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Properb/for purposes of calculating lot yield on any other PropeAy shall be prohibited. Grantor hereby grants to Grantee all existing development fights (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 fights may be provided in Section 4.06 or elsewhere in this Easement, 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 GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the fight to use the Properb/in any manner and for any purpose consistent with and not prohibited by this Easement as well 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 farm stands. 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 Aqricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is 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 §301(2)(a)-(j) of the Agriculture and Markets 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. 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 §4.06 herein and as 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 farm stands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: including the existing irrigation well shown on the survey, (i) Underground facilities'used to supply utilities solely for the use and enjoyment of the Property; (ii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, ppen space and scenic vi~t_as~ and otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. 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. Grantors 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 Improvements, in 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 Notice 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. 4.08 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 of any conveyance of any interest in the Properb/, including the full name and mailing address of any transferee, and the individu~al principals thereof, under any such conveyance. The instrument of any such conveyance 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 incorporate this Easement by reference, specifically setting forth 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 5.0]_ Taxes and Assessments 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 Indemnification Grantor shall indemnify and hold Grantee harmless for any liabilib/, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5~03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, cc~sts, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any c,f its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or clair.ns of any nature by third parties arising out of the entering into or exercise of righ~ under this Easement, excepting any of those matters arising (Delete solely) from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reouirement If Grantor ~Joes not en_cJa~e in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan'~) approved by Grantor (which approval by Granter' shall not be unreasonably withheld) and 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 5.02 and 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.0~ Entry and [nsoection 6.02 Restoration In addition to Grantee's remedies under Section 5.04,_Grantee shall have the right to reCL~Lre.t~ Grantor to restore the Bl:o_p_erty}o~kxe .corzdition requi.red bA~this E_a_se_ement_a_gd. 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 Deleted: leaves the Property open (fallow/uncultivated?) and Grantee shall haye t__he right to enter upon th_e P_~0~_e__r~L. at reasonabJe times~ u~_prior n_~t~e to GEa~o~_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 purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property. obligation on Grantor's part to be observed or performed pursuant to' this Easement is not cured by Grantor within,fifteen (15) days' written no,,icc.thereof by Grantee (which notice requirement is expressly waived by Grantor v¥ith respect to any such breach, default or violation which, in Grantee's reas:onable 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 Gr~ntee's election: (i) To institute a suit to enjoin or cure ~uch breach, default or violation by temporary and/or permanent injunction, (i~) 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 (iii) 'Fo 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. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within fifteen (15) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, 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 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town 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. 6.05 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 constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinq uishment/Condem nation At the mutual request of Grantor and Grantee, 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 Deleted: (how about 307) ten (10) ] Deleted: (307)10 ) 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 for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, 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 and 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 development dghts transferred hereby. ART/CLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the 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 may be amended only with the written consent of Grantee and current Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and 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 §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors 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 the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.0q 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. 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. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation 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 affect 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 their right to use the Property, except as otherwise redted herein, be construed at all times and by all 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 Recordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above, ACKNOWLEDGED AND ACCEPTED: DRAFT - subiect to approval of Planning Board GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this day of November, 2010, by and between Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki, residing at Mattituck, NY 11952 (hereinafter "Grantor") to the Town of Southold, a municipal corporation of the State of New York, having its office at 53095 Main Road, Town of Southold, Suffolk County, New- York (the "Grantee"). WHEREAS, the Grantor is the owner of a certain parcel of land containing 13.0464 acres of land identified by Suffolk County Tax Map number 1000-125.00-03.00-004.001; located at Main Road, Laurel, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by Peconic Surveyors entitled Clustered 80/60 Conservation Subdivision of the Sawicki Farm at Laurel prepared by Peconic Surveyors and last dated November 7, 2010 (the "Map") which has received Sketch Plan Approval from the Sonthold Town Planning Board and which said parcel of land is hereinafter referred to as "the Premises"; the Premises being more fully described on Schedule A annexed hereto, and WHEREAS, Section 240-10(3)(b) of the Subdivision Code of the Town of Southold (the Code) requires that Conservation Subdivisions are required to preserve a minimum of 80% of buildable lands within the subdivision in perpetuity; and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that all of Lot 3 on said Map be encumbered by an Easement, as set forth below and to be recorded in the Suffolk County Clerk's Office, providing for an Agricultural Reserve Area and an Agricultural Preserved Area as to which a portion is clustered open space and a portion contains development rights acquired by the Town of Southold; WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Agricultural Reserve Area and the Agricultural Preserved Area and have the common purpose of preserving these values; and NOW THEREFORE, IN CONSIDERATION OF Ten ($10.00) Dollars and other good and valuable consideration between the parties, the receipt and sufficiency of which is hereby acknowledged. WITNESSETH: 1. GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Grantor has simultaneously herewith granted a Development Rights Easement encumbering the Agricultural Preserved Area portion of Lot 3, described in Schedule B attached hereto, to be recorded simultaneously herewith in the Suffolk County Clerk's Office. 2. CLUSTERED OPEN SPACE AREA UNDER SECTION 240 OF THE CODE. Pursuant to Section 240 of the Code, Lots 1 and 2 are clustered to an area of less than the 80,000 minimum square footage required by the Code. Accordingly, the clustered open space area of Lots 1 and 2 is 48,678 square feet and is included within the Agricultural Preserved Area of Lot 3. The Development Rights Easement runs concurrently with this Open Space Easement, and no specific portion of the Agricultural Preserved Area is allocated to this Open Space Area. This Open Space Easement is granted to conform to the provisions of the Town Code and acknowledge the restriction of up to 48,678 square feet of the Agricultural Preserved Area of Lot 3 is encumbered by virtue of the 80/60 clustered subdivision regulations of the Town Code. 3. RESIDENTIAL RESTRICTIONS ON LOT 3. The Grantor agrees that no part of Lot 3, including without limitation the Agricultural Reserve Area, shall be used for a dwelling or other residential use. 4. GRANTOR'S OWNERSHIP. The Grantor reserves the right to the ownership, use and enjoyment of the Premises to the fullest extent possible except for the restrictions set forth herein, without unreasonable interference by the Grantee in the exercise of the Grantee's right granted herein. 5. CONSERVATION EASEMENT. Grantor agrees to the same prohibitions and restrictions within the Open Space Area as is included in the Development Rights Easement set forth above. 6. PERMITTED USES. The prohibitions and restrictions of this easement shall not preclude use of the Open Space Area for any other uses not specifically prohibited herein or in the Development Rights Easement, provided same are otherwise permitted by the Zoning Code of the Town of Southold, including, without limitation, walking, hiking, hunting, and other non-public, non-commemial, non-motorized recreation, and the right to prohibit or restrict the public from any access whatsoever. 7. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 3 with the written consent of the Town granted by a majority plus one of the Planning Board of the Town of Southold, after a public hearing. 8. ENFORCEABILITY. The terms of this easement shall be enforceable by Grantor or the Town of Southold, their heirs, successors and assigns, by injunctive relief or any other remedy in equity or by law. 9. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 10. ENFORCEMENT: In the event any breach or violation of any provision of this Easement, which is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect the natural status of the area subject to this Easement or the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) (ii) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 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. The cure period in this section may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 11. MISCELLANEOUS. This Agreement and the easements and rights granted herein shall binding upon the parties hereto and their respective successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this agreement the day and year first written above. Edward Sawicki, individually and as Executor of the Estate of Stanley Sawicki STATE OF NEW YORK COUNTY OF SUFFOLK On November 2010, before me, the undersigned, a Notary Public in and for said State, personally appeared Edward Sawicki, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose names(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies) and that by his/her/their signature(s) on the instrument, the individual(s), or the person(s) or entity(ies) upon behalf of which the individual(s) acted, executed the instrument. Notary Public SCHEDULE A DESCRIPTION OF ENTIRE PREMISESON MAP SCHEDULE B DESCRIPTION OF AGRICULTURAL PRESERVED AREA ~,pri . or to approval of the Final Plat, the Planning Board shall require either a covenant or an easement to be placed on the Reserved Area shown on , the approved Sketch Plan. The easement/covenant must prevent residentla~ ideve opment of that Agricultural Reserved area n perpetuity. It must also !~ho~ 3A. griculturel Reserved Area from being separated from the rest TOTAL ACREAGE=1~0464 ACRES LESS 25' ~ ~=~2287 ACRES LESS POND=~0400 1~ 7777 ACRES 8o/so 12. 7777 x 80X=10.2221 ocres 12. 7777 - 10.2221=2.555~ acree DevelOpable 6.957 lot ~e/d x 40~=2.783 Lot~ 2 Lots on 2.55~ ocres x 43,560~1~1,322 2 Io~s under zom~g ord. requ[red=~O, O00 8q. fL 48,678 sq. ft ~om duster TOTAL 556,278 Sq. ff. 2 Lots 160,000 sq., fL ~96,278/4~,560=9.097~ CL US TERED 80/60 CONSERVA T/ON sUBDIVISION OF SA WICK/FARM A T LAUREL .- SKETCH PLAN TOFN 0F $OUTHO£D SUFFO£K COUNTY, 1~-1~5-03-4.1 ~AL~' l~fiO' 2000 JANUARY 22, 2010 NOV. 7~ 2010 (revisions) T~hsei r~e_as..on, f, or th. is restriction is that the Agricultural Reserved Area has no ;aenum =evempment rights associated with it. This Reaerved Area is a , po~ion of the "20% development area" that results from an "80/60 conservation subdivision" where 80% of the land is preserved and 20% may be developed," In this case, the 20% developable land was split three ways, two residential lots, which constituted the yield of residential , devel.opment aftsr the required60% reduc~i~-n, and a third area that is to ' remam part of the larger agricultural Lot 3. The residential development property are effectively used up by the two residential on the. Sketch Plan, and the rest extinguished by the purchase of development nghts. The purpose of the Agricultural Reserved Area is to provide an area of the farm that allows for more uses than the area encumbered by the easement placed on the remmnder of the farm as a , result of the purchase of development rights. The Agricultural Reserved Area shall not be subdivided away from the rest of the Farm (no further subdivision of Lot3, as shown on the final plat)." A GRIJCUL TURAI RESERVED "AREA' AREA= 27,635S0.FT. LOT $ LOT I AREA = ~1,288 LOT 2. REA= 62,401 NB4'17'~O'E ] c -- 554 ~_~7'10"W 251.35' , . 554'I 7'10"W ~ --.-----'~-- 492.52' N54'17'I FA RM PRESERVED AREA AREA-lO. 4909 ACRES LOT 3 [ /nclude~ 45~675 Clustered Subdivision Open Space ] ,LOTAREAS LOT I ~1~ LOT ~ E~,~Olsq. fl. ~ ~ ' I.~3~5 ocres LOT 3' Reserved Area, Prexerv,d Are., - Total 27,635 sqJt. 456,977 sq, ff,* 484.6l~ sqJI.. ~6344 ~re 10.4908 acre6 11.l~5E ~cres , * C/gsle~d Sub/vl~[o~ Open Area 48,678 s~.fff ' · Oev~menf RI~, Sold r Ar~ ~08~E99 sq. ft. ~ , URANCE COMPANY TOTAL~ 568~301 sq.H. ~DEVELOPABLE AR~, / EXECUTOR OF ~E ESTATE OF STANLEY SA~CKI LOT I~ ' , . 0.488~ LOT, 3~ Reserved A~e 0.6344 ecre TOTAL ·-MONUMENT '' EDGE OF ifl. 9OD$ ~ ~* ~ ' Y.S. DC. NO, 49618 ANY ALl'RATiON GR AO~lION TO THIS ~URVEY I$ A WOLA770N / ~ C I{~'~ .P.O. OF' ~'CTION ~ 1HE ~'W ~ STA T~ E~UCA110N LAW. :, EXCEPT AS PER ~ffC~ 7~-$UBDIWEION 2. ALL CER17~TCANON$ '~"%~-4~)~'' "' ~--'" " ..... NE~E~ ARE VALIO FOR ~IS MAP AND COPIES ~HEREOF ONLY IF ~0~ ~A~ A~A~ H~. SOU~OLD, N.K 11971