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