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HomeMy WebLinkAbout1000-88.-2-15 vL2 • Number of pages aU ,0i°!r? ahi TORRENS dith P. Serial # _ R!?;_ ', _'rit It1T%' Certificate# Prior Ctf. # Deed . Mortgage Instrument Deed/Mortgage Tax StampRecording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. � 51 00 1. Basic Tax Handling NA 51 2. Additional Tax TP-584 Sub Total Spec. /Assit. Notation — c or EA-5217 (County) Sub Total JO Spec. /Add. _ TOT. MTG. TAX — EA-5217 (State) r}� Dual Town _ Dual County R.P.T.S.A. ° VV � L , Held for Appointment_ Transfer Tax Comm. of Ed. 5. 00 Mansion Tax Affidavit The property covered by this motgage is or will be improved by a one or two `Certified Cop �C�)'0 family dwelling only. 01� YES or NO Reg. Copy Sub Total If NO, see appropriate tax clause on Other Grand Total ge# of this instru ent. Ll I to 4 1 District Section 88 Block 2 Lot 15 5 Community Preservation Fund Real 1000 08800 0200 015000 Consideration Amount $0 Property Tax Servic PTS CPF Tax Due $0 Agency R SMI A 8-MAY-0 Improved Verificatioi Vacant Land 6 Satisfaction/Discharges/Release List Property Owners Mailing Address / RECORD & RETURN TO: TD PATRICIA C. MOORE ESQ. TD 51020 MAIN ROAD SOUTHOLD NY 11971 TD 7 Title Company Information Co. Name PECONIC ABSTRACT, INC. Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS & RESTRICTIONS made by: (SPECIFY TYPE OF INSTRUMENT) STERLING HARBOR INC The premisis herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of SOUTHOLD BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (over) I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 05/28/2009 Number of Pages : 6 At: 11 : 01 : 09 AM Receipt Number : 09-0058910 LIBER: D00012589 PAGE : 354 District: Section: Block: Lot: 1000 088 . 00 02 .00 015 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0.00 NO Cert.Copies $5 .20 NO RPT $30 .00 NO Fees Paid $105.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION is made this 26`h day of May, 2009 by STERLING HARBOR INC, a New York corporation having principal offices located at 214 West 20th Street, (GE), New York,New York 10011, hereinafter referred to as the DECLARANT; WITNESSETH : WHEREAS, the DECLARANT is the owner of certain real property situate on North side of Main Bayview Road, 300.21' East of Midland Parkway, Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS, the DECLARANT has made an application for and has received conditional approval from the Planning Board of the Town of Southold to subdivide said property into five (5) lots, as shown on the Subdivision Map of"Standard Subdivision for Sterling Harbor Inc at Bayview"prepared by Peconic Surveyors, PC, last dated February 19, 2009, which map will be filed herewith in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1, 2, 3, 4 and 5, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW THEREFORE, THIS DECLARATON WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,there heirs, executors, administrators, legal representatives, distributes, successors and assigns, to wit: 1. The amount of clearing for each lot shall be pursuant to Article XIII section 240-49(C) of the Southold Town Code; for lot size 30,001 to 60,000 percentage of site permitted to be cleared is 50%. 2. There shall be no further subdivision of Lots 1, 2, 3, 4 and 5 on the approved subdivision map. 3. There shall be no changes to the lot lines of Lots 1, 2, 3, 4 and 5 without Planning Board Approval. 4. (a) Lot "1" shall be subject to a fifty (50') foot-wide non-disturbance buffer as shown on the approved subdivision map. There shall be no clearing or grading within said fifty(50') foot buffer. Declarant has planted within the non-disturbance buffer area a doble row of evergreens, staggered, 15 feet on center. (b) Lots "1", "2", "3", "4" and "5" are subject to a thirty (30') foot wide non-disturbance buffer as shown on the approved subdivision map. There shall be no clearing or grading within the said thirty (30') foot buffer. Declarant has planted a double row of Maple and Pin Oaks, 18' on center. 5. All storm water runoff resulting from the development of any of the lots on the subdivision map shall be retained on site and shall be the responsibility of each lot owner. 6. No residential structures shall be permitted on Lot "5", except within the building envelope as shown on the approved subdivision map. 7. Lot "5" shall be subject to an Agricultural Open Space Easement that is to be filed in the Office of the Clerk of Suffolk County simultaneously with the subdivision map. 8. Access to each of the Lots shall be from a fifty(50') foot-wide right-of-way shown on the approved subdivision map. This access shall be subject to a Road and Maintenance Agreement, as recorded on a/Z g 105 in the Office of the Clerk of Suffolk County at Liber 1cS9, Page SS3 . Upon acceptance by the Town of Southold of an offer of dedication to the Town of Southold, the Road and Maintenance Agreement shall expire. 9. By this declaration, future residents of the Lots that comprise the subdivision are advised that the Lots may be subject to the noise, dust, and odors normally associated with agricultural activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. 10. Prior to commencement of any construction activity on Lots 1, 2, 3 and 5, a NYSDEC SPEDS General Permit, if applicable, must be secured and submitted. 11. All street tree planted by Declarant and non-disturbance buffer plantings as shown in the subdivision map shall be replaced if they die within three (3)years from the date of the filing of this Declaration. Declarant has planted Norway Maple, Sugar Maple and Pin Oaks. 12. That the building envelopes for Lots ""1", "2", "3", and "4" as shown on the subdivision map are based on the non-conforming setbacks pursuant to Section 100-244 of the Town Code. 13. That the maximum permitted lot coverage for lots "1", "2", "3", and "4" are based on the non-conforming setbacks pursuant to 100-244 of the Town Code. 14. That all utilities shall be located underground. 15. That all driveways for the LOTS on the approved map shall be constructed of pervious material. 16. That all structures with impervious materials shall control and retain surface water runoff through the use of gutters, leaders and subsurface drywells. 17. That the landscaping of any of the LOTS on the approved map shall consist of native, disease-resistant and drought-tolerant plants. 18. That the residential application of synthetic fertilizers and pesticides is prohibited on each LOT as shown on the approved map. 19. If any section, subsection, paragraph, clause, phrase or provision of these Covenants and Restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part of provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 20. The aforesaid Covenants and Restrictions are intended for the benefit of and shall be enforceable by the Town of Southold, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies of the Town of Southold to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. 21. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made part hereof, as though fully set forth herein. 22. That the within Declaration shall run with the land and shall be binding upon the DECLARANT and its successors and/or assigns, and upon persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has executed the foregoing instrument the day and year first written above. STERLING HARBOR INC. By: JH READ STATE OF NEW YORK ) ss: COUNTY OF SUFFOLK ) On this day of May, 2009, before me, the undersigned,personally appeared JOSEPH READ, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Cc,c, otary P i BETSY A PEpgNB M0.OWE6130M"Y"` 6,St kC Peconic Abstract, Inc. Title No.: PAC-3894 A Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Bayview Road, where same is intersected by the division line between premises herein and land formerly of Adolph Trapp; RUNNING THENCE along land and Subdivision Map entitled, "Map of Seawood Acres, Section One", the following two (2) courses and distances: 1) North 26 degrees 50 minutes 00 seconds East, 1200 feet; 2) North 26 degrees 06 minutes 40 seconds East, 137.89 feet to the Subdivision Map #10583; THENCE South 63 degrees 53 minutes 20 seconds East, along said Subdivision Map, 616.42 feet (Deed) (615.42 feet Actual) to Subdivision Map#10069; THENCE South 22 degrees 07 minutes 10 seconds West, along said Subdivision Map, 438.66 feet; THENCE North 69 degrees 26 minutes 50 seconds West, 250.00 feet; THENCE South 30 degrees 36 minutes 10 seconds West, 882.34 feet (Deed) South 30 degrees 32 minutes 10 seconds West, 882.22 feet (Actual) to the northerly side of Main Bayview Road; THENCE North 63 degrees 17 minutes 20 seconds West, along the northerly side of Main Bayview Road, 344.21 feet to the point or place of BEGINNING. OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the 24' day of June, 2009 at Southold, New York. The parties are STERLING HARBOR, INC., a domestic corporation with offices located at 214 West. 20`h Street,New York, NY 10011 (apt. GE) (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold, NY 11971 (herein called "Grantee"). 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 SCTM# 1000-88-2-15, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of "Sterling Harbor, Inc." prepared by Peconic Surveyors, PC last dated June 24, 2009, which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 240-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivisions of properties 7 acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over an eight and a half acre (8.4917 acres) portion of the subject property described in Schedule B, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the "Open Space Conservation Easement Area" and hereinafter referred to as the "Easement Area;" and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open Space Conservation Easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in SCHEDULE A, and possesses the right to grant this easement. Grantor also represents that as of the date of this grant, there are no liens or mortgages outstanding against the Easement Area. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure, or any other action taken concerning any subsequent lien or other interest in the Easement Area. Subordination agreements recognizing the terms of this easement and subordinating any mortgages or liens to the easement must be recorded in the Suffolk County Clerk's office 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal,New York State and local conservation policies. 0.03 Boundary Markers. The Easement Area boundary shall be marked by concrete monuments placed at each corner. Property boundaries running in a straight line greater than 800' shall have concrete monuments placed every 500'. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvne This instrument conveys an Open Space Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs,personal representatives, successors and assigns, and all other individuals and entities. The word"Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval,hereby grants, releases, and conveys to Grantee this Easement, in perpetuity,together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof. 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials: Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. 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 Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting(for use on-site only). Commercial production of compost is prohibited. 3.05 Signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a)to state the name and/or address of the Easement Area and the names and addresses of the occupants, (b)to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c)to post the Easement Area to control unauthorized entry or use, or(d) to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.07 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.08 Ve etg ation The cutting, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board, which may be granted with limitations and only to control or prevent the spread of disease or invasive plant or animal species, except as provided in Section 4.04. 0 3.11 Commercial Livestock Except as provided in Section 4.04 hereof, the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.12 Utilities The creation or placement of overhead utility transmission lines, utility poles, underground wires, pipes, or wells on the Easement Area is prohibited, except to service structures or activities as provided in Section 4.04 hereof. Utilities must be installed underground. 3.13 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. 3.14 Drainage The use of the Easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.14 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Easement Area) on the Easement Area and the parties agree that such rights, except those required to carry out the permitted uses of and activities on the Easement Area, are 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 customary rights of ownership in the Easement Area, 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 Easement Area. 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local,New York State, or federal law. 4.04 Permitted Uses and Structures Agriculture: Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of agriculture and gardens, as well as for low-impact passive recreational uses such as non-paved walking trails and picnic areas. Grantor shall also have the right to construct, with the prior written consent of the Southold Town Planning Board by resolution, the following structures: agricultural structures subject to the limitations below. Fencing to protect crops or contain livestock may be constructed with no prior approval from the Planning Board. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas, tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. The following requirements shall apply to Permitted Uses and Structures described above: A. Requirements for permitted uses and structures (i) The evergreen trees existing along the northwest border of the Easement Area at the time this easement is recorded shall remain, and this area maintained as a vegetated buffer for the purpose of screening the Easement Area from the adjacent residences. (ii) Structures may be denied by the Planning Board if they are not related to agriculture or activities deemed to be agriculture by the New York State Department of Agriculture and Markets. (iii) The location of any proposed structure is subject to Planning Board approval; (iv) Lot coverage of permanent or temporary structures shall be no more than two percent(2 %) of the Easement Area ( about 7,400 s.f.), except in the case of greenhouses meant to extend the growing season for crops planted in the ground, but are not heated by any means other than the sun, and may cover up to twenty percent(20%) of the Easement Area or the maximum percent of lot coverage allowed by Southold Town Code. Lot coverage, for the purpose of this easement includes greenhouses, hoop-houses, areas paved with asphalt or other impervious surface, areas of concrete walkways, slabs or pads; (v) No structure located on the Easement Area may be used as a dwelling or residence at any time; (vi) An access drive to the barn and a farm road to access crops may be constructed, only if using permeable surface materials such as dirt or gravel. (vii) Fences must not block or detract from the scenic views important to the community. Deer fencing is permitted if made of mesh material. B. Replacement of Structures and Improvements In the event of which renders repair of any existing structures or improvements impractical, erection of a replacement of comparable size, bulk, use, and general design to the damaged improvement or structure shall be permitted within the same location subject to the review and written approval of Grantee, except that fences may be repaired or replaced without the prior written approval of Grantee. C. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, ninety(90) days before exercising any reserved right with respect to the Easement Area, pursuant to Section 4.04. This includes the construction of any structures and clearing of trees as provided in Section 4.04 herein. Grantor shall provide Grantee.with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to the Southold Town Planning Board approval. The request for approval shall describe the nature, scope, location,timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit the Planning Board to evaluate the proposal. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Easement Area but only subject to this Easement. Grantor shall promptly notify the Southold Town Planning Board of any conveyance of any interest in the Easement Area, 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 0 0 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 for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. 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 Easement Area, including any taxes or levies imposed to make those payments. 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 liability, costs, attorneys' fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and(b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall not have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Area to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area 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 are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen(15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) 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. Costs of Enforcement. All reasonable costs of enforcing the terms of this easement against Grantor, including any costs involved in the restoration of the Conservation Easement Areas resulting from Grantor's violation of the terms of this easement, shall be borne by Grantor unless Grantor ultimately prevails in judicial enforcement, in which case each party shall bear its own costs. Costs and expenses of legal action and reasonable attorney's fees will be borne by the prevailing party. 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 have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planning Board with a majority plus one vote in favor, such amendment or discretionary consent furthers or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law § 247. 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 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 Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited 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 be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantor 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 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.11 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ACKNOWLEDGED AND ACCEPTED STERLING IJAR07, IN . TOWN OF SOUTHOLD BY: ✓/L/- BY: B/Y JOSEPH READ, S CRETARY SCOTT A. RUSSELL, SUPERVISOR STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On th's day of June, in the year 2009 before me, the undersigned, personally appeared JOSEPH READ, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. / 4 1 otary Pub ' MernPueoe.aw. � GMftd In&Ik&Cwny OWmdwmEapw�M STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this day of June, in the year 2009 before me, the undersigned, personally appeared SCOTT A. RUSSELL, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Peconic Abstract, Inc. Title No.: PAC-3894 B Schedule A Description ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Main Bayview Road, where same is intersected by the division line between premises herein and land formerly of Adolph Trapp; RUNNING THENCE along land and Subdivision Map entitled, "Map of Seawood Acres, Section One", the following two (2) courses and distances: 1) North 26 degrees 50 minutes 00 seconds East, 1200 feet; 2) North 26 degrees 06 minutes 40 seconds East, 137.89 feet to the Subdivision Map#10583; THENCE South 63 degrees 53 minutes 20 seconds East, along said Subdivision Map, 616.42 feet (Deed) (615.42 feet Actual) to Subdivision Map#10069; THENCE South 22 degrees 07 minutes 10 seconds West, along said Subdivision Map, 438.66 feet; THENCE North 69 degrees 26 minutes 50 seconds West, 250.00 feet; THENCE South 30 degrees 36 minutes 10 seconds West, 882.34 feet (Deed) South 30 degrees 36 minutes 10 seconds West, 882.22 feet (Actual) to the northerly side of Main Bayview Road; THENCE North 63 degrees 17 minutes 20 seconds West, along the northerly side of Main Bayview Road, 344.21 feet to the point or place of BEGINNING. SCHEDULE B Suggested Description of"Open Space Conservation Easement Area" Suffolk County Tax Map#1000-88-02-p\o 15 All that certain plot,piece or parcel of land,with buildings and improvements thereon erected, situate, lying and being at Bayview,Town of Southold,County of Suffolk and State of New York,being more particularly bounded and described as follows; Beginning at a point on the easterly line of"Map of Seaward Acres, Section One"filed in the The Office of the Suffolk County Clerk as Map 2575,said point and place of beginning being the following two courses and distances from the intersection formed by the northerly line of Main Bayview Road with the easterly line of Midland Parkway; (1)South 63 degrees 17 minutes 20 seconds East along the northerly line of Main Bayview Road a distance of 300.21 feet to a point; (2)North 26 degrees 50 minutes 00 seconds East a distance of 504.70 feet to the point and place of beginning; Running Thence from said point and place of beginning along"Map of Seaward Acres, Section One" filed in the office of The Suffolk County Clerk as Map No.2575 North 26 degrees 50 minutes 00 seconds East a distance of 695.30 feet to a point; Thence North 26 degrees 06 minutes 40 seconds East a distance of 137.89 feet to a point and lands now or formerly of North Bayview Associates; Thence South 63 degrees 53 minutes 20 seconds East along lands now or formerly of North Bayview Associates a distance of 615.42 feet to a point and the westerly line of"Map of Pellicano Woods" filed in the Office of the Suffolk County Clerk as Map no. 10069; Thence South 22 degrees 07 minutes 10 seconds West a distance of 438.66 feet to a point and lands now or formerly of Akscin; Thence North 69 degrees 26 minutes 50 seconds West a distance of 250.00 feet to a point; Thence South 30 degrees 32 minutes 10 seconds West still along lands now or formerly of Akscin a distance of 273.33 feet to a point; Thence North 63 degrees 10 minutes 00 seconds West a distance of 268.02 feet to a point; Thence South 52 degrees 49 minutes 00 seconds West a distance of 65.30 feet to a point on a cul-de—sac on the northerly line of Stirling Woods Lane(a private road); Thence North 34 degrees 02 minutes 40 seconds East a distance of 109.54 feet to a point; Thence South 63 degrees 10 minutes 34 seconds East a distance of 182.90 feet to a point; Thence North 30 degrees 32 minutes 16 seconds East a distance of 187.23 feet to a point; Page 2 Thence North 63 degrees 10 minutes 34 seconds West a distance of 210.11 feet to a point; Thence South 26 degrees 50 minutes 00 seconds West a distance of 186.83 feet to a point; Thence South 34 degrees 02 minutes 40 seconds West a distance of 104.99 feet to a point on a cul-de- sac on the northerly line of Stirling Woods Lane(a private road); Thence along said cul-de-sac along a curve to the left having a radius of 50.00 feet a distance of 85.92 feet to a point; Thence North 63 degrees 10 minutes 00 seconds West a distance of 15.00 feet to the Point And Place Of Beginning..