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HomeMy WebLinkAbout1000-125.-1-5.1COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C09-9578 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the Original DECLARATION recorded in my office on03109/2009 under Liber D00012582 and Page 362 and, that the same is a true copy thereof, and of the whole of such original In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Coud this 03~09~2009 SUFFOLK COUNTY CLERK JUDITH A. PASCA/E SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 9 Receipt Number : 09-0024632 District: 1000 Recorded: At: 03/09/2009 02:58:34 PM Page/Filing COE TP-584 Cert. Copies LIBER: D00012582 PAGE: 362 Section: Block: Lot: 125.00 01.00 005.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $45.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.85 NO RPT $30.00 NO Fees Paid $120.85 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL THIS Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate #, Prior Cfi. # Deed / Mortgag0 Instzument 4 TP-584 Deed / Mprtgage Tax Stkmp FEES Notation EA-$2 17 (County) EA-52 ~ 7 (State) 1LP.T.S.A. Comm. ofE. d. 5 CO Affidavit Reg. Copy Other __ 'Sub Total ,, ' ' '(-~--~-. -- SubTotal 5 [ Real Property Tax Service Agency Verification Dist. I Section [ B lock [ Lot Stamp 1000 12500 0100 005001 Date ~ -- '~_~ -- Initials .~J Satisfaotions/b,o,..,~ ~,.o ................ v",v ................ ~ ..... ess RECORD &,RETURN TO: Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, New York 11952 RECOROEb 2009 Mmr 09 02=5:9:54 PM Jvdith A,, Pasca!e CLERK OF SUFFOLK COUNTV E D00012582 P 3~2 Recording / Filing Stamps 1. Basle Tax 2. Additional Tax Sub Total Spec./Ass'it. 0t Spec./Add, TOT. MTG, TAX Dual Town.~ Dual County__ Held for Apportionment __ Transfer Tax Mansidn Tax. The property covered by this mortgage is'or will b6 improved by a one or two family dwelling only. YES ~ or NO If NO, see appropriat~ tax clause o~ pag/~ # C9,ramunity Preservation Fund Consideration Amount $ CPF Tax Due $ improved Vacant Land TD TD TD [ s [ Title Company Information ~m e~?7~/~__/~ . Suffolk County Recording & E dorsement Page This page forms part of~e ~h~ DECL~TI0~ 0F C0VE~T8 ~ ~STRICTI0~S (sP oF m ) made by: JACOBY FAMILY LIMITED PARTNERSHIP The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township.of $OUTHOLD TOWN OF SOUTHOLD '~ In tho VILLAGB Or I4~ET of! MATTITUCK BOXES 5 THRU 9 MUST BE TYPED Ok PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION OF COVENANTS AND RESTRICTIONS DECLARATION, made this'~ day of July, 2008, by JACOBY FAMILY LIMITED PARTNERSHIP, aNew York Limited Partnership with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York 11952~ referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1-5.1, more particularly bounded and described as set forth in Schedule "A" annexed hereto, (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 for a subdivision of the Property into two (2) parcels, as shown on map of"Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepared by Nathan Taft Corwin, III, dated May 2, 2007, last revised Feb. 21, 2008. which map will be filed in the office of the Suffolk County Clerk (the Map); and WHEREAS, in consideration of granting subdivision approval, and as a condition of said approval, the Plamfing Board 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 upon the Property, and as a condition of said approval, the Plmming Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, prior to the filing of the subdivision map in the Suffolk Cotmty Clerk's Office, the Declarant shall record a Conservation Easement to Suffolk County encumbering the Conservation Easement Area shown on the subdivision map, encompassing all of Lot 3 on the Map; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be for the best interest of the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby covenant and agree that the Property shall hereafter be subject to the following covenants, which shall mn with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. All future property owners/residents of the lots located on the Property are hereby noticed that they may be subject to noise, dust and odors normally associated with agricultural activities pursuant to Article XXI, Farmland Bill of Rights, of the Code of the Town of Southold. 2. Access to Lot 2 shall be from the 16' - wide right-of-way over Lot 1 as shown on the Map and will be subject to the terms of an access easement that will be recorded in connection with this subdivision. 3. No further subdivision of any of the lots reflected on the subdivision map referenced above shall be allowed, in perpetuity, except to effectuate the conveyance ora trail in accordance with Paragraph 14 of this Declaration. 4. All utilities servicing the Property shall be located underground. 5. The clustered subdivision open space area of Lot 1 equals 34,777 sq. ft. and is within the Conservation Easement Area of Lot 3; the cluster subdivision open space area of Lot 2 equals 35,306 sq. ft., of which t8, 638 sq: ft. is located within the Conservation Easement Area on Lot 2 granted herein and the remaining 16,668 sq. ft. is located within the Conservation Easement Area. of Lot 3; and the total clustered open space on the Map equals 70, 083 sq. ft. 6. Any and all changes to the lot lines of any of the lots shown on the M{~p shall require approval by the Planning Board of the Town of Southold. 7. All storm water runoff resulting from the development of any of the lots shown on the Map shall be retained on site and shall be the responsibility of each property owner. Gutters, leaders and subsurface drywells shall be installed in connection with such development to contain surface runoff. 8. Prior to any construction activity on any of the lots within the Property, the construction project will require a General Permit for the storm water rUn-off from construction activity (GP-02- 01) administered by the New York State Department of Environmental Conservation under Phase 1t State Pollutant Discharge Elimination System (SPDES) Program. 9. No storm water run-off resulting from the development and improvement of any of the lots shown on the Map shall be discharged into the wetlands or Laurel Lake in any manner. 10. In the event that both a) the Open Space Conservation Easement granted to the Town of Southold encumbering the Conservation Area shown On part of Lot 2 of the Map and b) the Conservation Easement granted to the County of Suffolk on Lot 2 are not recorded in the Suffolk County Clerk's Office, the Plarming Board's approval of the subdivision shall no longer be valid. 11. The Town of Southold Building Department shall not issue building perlnits for any of the lots on the Map until both of the aforesaid Conservation Easements are recorded in the Suffolk County Clerk's Office. 12. The Property is located within the Town of Southold Special Groundwater Protection Area, and, as such, the following is required to further and meet the policies of the Local Waterfront Revitalization: i. The use of synthetic herbicides, pesticides and fertilizers is prohibited. ii. The Declarant covenants that a 100 foot wide Non Disturbance, vegetated buffer area shall be established from the Laurel Lake wetland line landward for a distance of 100 feet on Lots 1 and 2. It is hereby understood that the 100 foot Non Disturbance, vegetated buffer is intended to preserve the existing trees and natural growth to protect the water quality of Laurel Lake, and to provide critical habitat and erosion control. Vegetation within this area shall remain in its natural state in perpetuity. Permitted activities within the buffer are limited to (a) the removal of dead, diseased trees that are hazardous to life or property, such trees to be replaced with native species; (b) window pruning of the tree branches in order to preserve the existing view shed of Laurel Lake from the existing residences, such pruning to be limited so as not to result in the death of the tree; and (c) mowing of the existing grass path as depicted on the final plat. Notwithstanding the above, the Non Disturbance, vegetated buffer area may be supplemented with additional native vegetation subject to review and approval of the Southold Town Planning Board and Southold Town Trustees. 13. Pursuant to Section 240-49, "Clearing of the Southold Town Code", clearing of existing vegetation upon Lot 1 shall be limited to 50 percent of the total lot area. Clearing of existing vegetation upon Lot 2 (excluding Conservation Easement Area granted to Town of SouthoId) shall be limited to 35 percent of the total lot area. For the purposes of meeting this requiremenk the 100 foot Non Disturbance vegetated buffer shall be attributable to compliance with this requirement. 14. The Declarant reserves the right to bargain, sell and convey a 10 foot easement or parcel to the Town of Sonthold, or a designee thereof, along part of the outer perimeter of Lot 3 for a Walking Trail, on such terms as the parties may agree, provided same complies with the terms of the Conservation Easement on Lot 3 granted to the County of Suffolk. Except as otherwise specified herein~ these covenants and restrictions may be terminated, revoked, or amended only at the request of the then owner of the lot 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 heating. These covenants and restrictions shall mn with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall be adjudged illegal, unlawful, invalid or held to be unconstitutional by a Court of competent jurisdiction, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The aforementioned Restrictive Covenants 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 or 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 thereofi 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 a part hereof, as though fully set forth. 1I'4 WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration on the day and year first above written. JACOBY FAMILY LIMITED PARTNERSHIP By ~-~F_~ ~_ Lauren Jacoby, General Partner STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the -$l St' day of July, in the year 2008, before me, the undersigned, personally appeared Winifred Breines, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acte~Fex~cuted the instrument. Si~rfature and Office of Individual Taking Acknowledgment DONNA McGAHAN Notary public, State of New'fork No, 01MC4851459 Qualified in Suffolk County Commission Expires Aug, 18, ~ 2010 STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the 2! day of July, in the year 2008, before me, the undersigned, personally appeared Lauren Jacoby, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, ~pxecuted the instrument. Sign'-~'fure and Office of Individual Taking Acknowledgment om~ Publlo, State of Ne~ ~ork No. 01MC4851459 Qualified In 8uflolk ~:) j Commission Expire, Aug., 8. STATE OF CALIFORNIA, COUNTY OF ('~b6~ ~ :ss.: ~o/o On ther~¢~ day of ~ tx [/-~ , in t~le Year 2008, before me, the undersigned, personally appeared Russell Jac(~J~y, p~sonally 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 saree in his capacity, and that by his signature on the instrument, the individual, or the person upo~ behalf of which the individual acted, exesuted ~he i~tstmment,^and that ~uch individual made su~appearancebefo&theundersigr din-P~>L~ o'~- .. ~,' ~.~o. ~, .. Stgnature and Office of Ind]wdaal _ JfJ ! ~°~ ~ '*'~ [' Taking Acknowledgment I~L6;~, d D~{~--'~v C_~ SCHEDULE "A" DECLARATION OF COVENANTS AND RESTRICTIONS Description of Property shown on Conservation Subdivision Map for the Jacoby Family Limited Partnership Suffolk County Tax Map No. 1000-125-1-5.1 ALL that certain plot, piece or parcel of land, .with the buildings .and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204.66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances:. 1. So~th 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 15 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land. the following two (2) courses and distances: 1. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100.18 feet to other lands now or formerly of the County of Snffolk; Fhence northeasterly along lands now or formerly of the County of Suffolk and lands now or formerly of David S. Horton and Herlnine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEGINNING. I'OGETHER WITH a right of way in common with others 16 feet in width for ingress and egress frolll Sound Avenue to said premises, known as Kirkup Lane. CC #: C09-4280 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on02/02/2009 under Liber D000'12579 and Page 381 and, that the same is a true copy thereof, and of the whole of such original, In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/02/2009 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 9 Receipt Number : 09-0009597 TRANSFER TAX NUMBER: 08-14742 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 125.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 02/02/2009 10:49:38 AM D00012579 381 Lot: 005. 001 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.85 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-14742 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $125.85 Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial #. Certificate # Prior Ctf. # Deed / Mortgag~ Instrument Page / Filing Fee qY__ Notation EA-52 17 (County) Deed / Mortgage Tax St~mp FEES EA-5217 (Stats) ILP.T,S,A. Comm. of Ed, Affidavit Certified Copy Reg, Copy Other 51 Stamp Date Initials 5 /V Sub Total '" Real Prop.erty Tax Service Agency Verifieat}on o'oo ;5oo Recording / Filing Stamps Mortgage Amt. 1. Basic Tax , 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add, TOT. MTG, TAX Dual Town.__ Dual County ~ Held for AppOrtionme~ Transfer Tax ~ / Mansicm Tax, The properOj covered by this mortgage is or will be improved by a one or two famil2 dwelling only. YES ~ or NO If NO, see appropriatb tax clause on page # __ of this instrument. I [ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &,RETURN TO: WICKHAM,' BRESSLER, GORDON & GEASA, P.C. P.O. BOX 1424 MATTITUCK, NY 11952 Co~rmnunRy Prcs6rvationrEund Consideration Amount improved TD I O TD 1 8 [ Title Company Info,rmation Co. Name ~,~7'-~/C · Suffolk County Recording & Er/dorsement Page This page forms part of the aRached GRANT OF' OPEN SPACE CONSERVATION EASEMENT (SPECIFY TYPE OF INSTRUMENT ) made by: JACOBY FAMILY LIMITED PARTNERSHIP · The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD '.~ In the VlT.I,AGE or HAMLET of MATTITUCK BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF OPEN SPACE CONSERVATION EASEMENT THIS indenture made this ~'/ day of August, 2008, by and between JACOBY FAMILY LIMITED PARTNERSHIP,~ New York Limited Partnership with offices at P.O. Box 1560, Mattituck, New York, 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 10,454 acres of land identified by Suffolk County Tax Map number 1000-125-1-5; located at~055 Kirkup Lane, Mattituck, Town of Southold, Suffolk County, New York, said land being depicted on a certain map prepared by Nathan Taft Corwin, Ili, L.S., entitled "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership" dated May 2, 2007, last revised February 21,2008, (the Map) which has received Conditional Final Approval from the Southold Town Planning Board and which said parcel of land is hereinafter referred to as "the Promises"; 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 a Conservation Easement, held by the County of Suffolk, which easement is described in Conservation Easement between Grantor and the County of Suffolk to be recorded in the Suffolk County Clerk's Office; and which area is designated on said Map as Conservation Easement to Suffolk County, and WHEREAS, as a condition of such subdivision approval, the Planning Board has required that an 18,638 square foot portion of Lot 2 on said Map be encumbered by a Conservation Easement, which area is designated on said Map as Conservation Easement Area No. 2 (Conservation Easement to Town of Southold) and is more fully described in Schedule B (referred to herein as "Open Space Area"); and WHEREAS, the parties recognize the environmental, natural, scenic, open space and/or agricultural values of the Open Space Area and have the common purpose of preserving these values; and WHEREAS, the Grantor has agreed to grant to the Grantee a Conservation Easement in the Open Space Area as described herein in order to protect the natural habitat of the wildlife and the ecosystems within such area and to preserve the open space character of the area; 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 CONSERVATION EASEMENT. The Grantor does hereby grant, transfer and convey to the Town of Southold, a conservation easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the Open Space Area designated within Lot 2 on said Map as "Conservation Easement to'Town of Southold". 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, a. the clustered open space area of Lot I is equal to 34,777 square feet and is included within the Conservation Easement Area of Lot 3; b. the clustered subdivision open space area of Lot 2 is equal to. 35,306 square feet of which 18,638 square feet is located within the Conversation Easement Area of Lot 2 granted herein and the remaining 16,668 square feet is located within the Conversation Easement Area of Lot 3; and c. the total clustered open space is equal to 70,083 square feet. 3. 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. 4. CONSERVATION EASEMENT. Grantor agrees to the following prohibitions and restrictions within the Open Space Area: a. Structures. No structures or improvements may be erected or constructed on the Property unless specifically permitted by this Easement. All other structures and improvements, permanent or temporary, on, over or under the Open Space, are prohibited. b. Subdivision. There shall be no further subdivision, division or partitioning of the Open Space Area or any other portion of the Premises (except in connection with the creation of a Trail Easement, if any, approved by the Town of Southold). c. Grantor shall have the right to mow the meadow area to maintain the meadow, to maintain and cultivate the 85 foot by 100 foot garden area within the Open Space Area noted on the subdivision map, to create and use non-paved walking trails, picnic areas and similar low-impact passive recreational uses, and to construct a garden shed, not to exceed 100 square feet, and fences to protect the garden area. Grantor may remove dead and diseased trees, shrubs and branches and invasive and noxious species such as poison ivy, bittersweet, and mile-a-minute weed (polygonum perfoliatum). Excluded from these permitted uses are all other structures not specifically identified as allowed in this Easement, paved areas, tennis courts, swimming pools, off-road vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as 2 determined by the Planning Board. Fences must not block or detract from the scenic views important to the community. The meadow shall be maintained as a meadow, not as a lawn area. Only organic herbicides and pesticides and fertilizers shall be used on the Open Space Area. d. Laurel Lake is a Town of Southold Special Groundwater Protection Area, and as such, to protect the surface and sub-surface water quality of the area, the use of synthetic herbicides, pesticides and fertilizers is prohibited, including, without limitation, in the garden area. e. Mining. The excavating or filling of the Open Space Ama 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 Open Space Area be changed except for purposes of erosion control and soil management, which removals and/or changes shall not be made without the prior written consent of the Planning Board and other applicable regulatory authorities. fi Dumping. The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Open Space Area is prohibited. g. 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 Open Space Area and only for any of the following purposes: (a) to post the Open Space Area to control unauthorized entry or use, or (b) to announce Grantee's Conservation Easement. Signs shall not be more than two square feet in size, shall be non- illuminated and are subject to regulatory requirements of the Town. g. Cutting of Timber. The cutting or harvesting of trees, or the removal of shrubbery or other natural vegetation in the Open Space Area is prohibited, except for the following purposes: (a) to clear and restore natural cover that has been damaged, diseased, destroyed or disturbed by forces of nature (b) to remove hazards to persons or property, (c) to remove or control poison ivy and other noxious plant material and vines, and (d) to create unpaved walking trails. h. Wetlands Buffer. The draining, filling, dredging, or diking of the wetland areas including any enlargements thereof, or the cultivation or other disturbance of the soil of the wetlands is prohibited. The alteration of ponds and water courses located on the Open Space Area, or the creation of new water impoundments or water courses, is prohibited. i. Utilities. The creation or placement of overhead or underground utility transmission lines, utility poles, cell phone towers, antennas, wires, pipes, wells or drainage and septic systems On the Open Space Area is prohibited without the prior written consent of the Planning Board. j. Drainage. The use of the Premises for a leaching or sewage disposal field for the residential uses on the Premises is prohibited. The use of the Premises for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Premises with the approvals required in subsection b. k. Development rights. The use of the area of Open Space Area for purposes of calculating lot yield or development density on any other property is prohibited, except to the extent same was used to create the Map. 5. 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, provided same are otherwise permitted by the Zoning Code of the Town of Southotd, 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. 6. MODIFICATION. This easement may be modified only at the request of the then owner of Lot 2 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 7. 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. 8. PERPETUAL EASEMENT. This easement and the rights granted herein shall run with the land, and shall continue and remain in effect in perpetuity. 9. 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. 10. 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. 4 JACOBY FAMILY LIMITED PARTNERSHIP WINIF/J~ BRE] Ge ~/yffrtner By: 5 /f/fi~Iff,p/ RU~ ~E~L'~ACO] Gen ral Partner 4ES By: L(Jlt~..~ LAUREN JACOBY General Partner STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the~-,0/~L day o the year 2008, before me, the undersigned, personally appeared Winifred Breines, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executedDONNA the McGAHANinstrument' ~¢ ~ Notary Public, 8tate of New York No. 01MC4851459 Signature and Office of Individual Ooalitled In Suffolk Coun~t Taking Acknowledgment Commission Expires Aug. 18, ~ STATE OF NEW YORK, COUNTY OF SUFFOLK:ss.: On the .~//~ day of July, in the year 2008, before me, the undersigned, personally appeared Lauren Jacoby, 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 she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, f~ Office of Individual Taking Acknowledgment DONNA Mc~AHAN Notary..Publl~, 8rate of New York rio. 01 MC4851459 ComOUalffled in Suffolk Oounb/ minion Explre~ Aug. 18,~/-~1~° STATE OF CALIFORNIA COUNTY OF ~/~ /J/~e'J']'(~ ~:ss-: On theo'2.~ ~/day of ti LC, 1 ~ , i'n the~ear 2008, before me, the undersigned, pe~onally appeared t~ussellIJacoby, 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 the individual acted, executed the ' appearance before the undersigned California. RE/jacoby/easeconsjacoby Signature and £ Taking Acknowled SCHEDULE "A" - OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204.66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances: 1. South 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 1.5 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land, the following two (2) courses and distances: 1. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100.18 feet to other lands now or formerly of the County of Suffolk; Thence northeasterly along lands now or formerly of the County of Suffolk and lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEGINNING. TOGETHER WITH a right of way in common with others 16 feet in width for ingress and egress from Sound Avenue to said premises, known as Kirkup Lane. re/schajacoby SCHEDULE "B" - OPEN SPACE AREA (CONSERVATION EASEMENT AREA NO. 2 TO TOWN OF SOUTHOLD) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Conservation Easement Area No. 2" on the Conservation Subdivision map for the Jacoby Family Limited Partnership, being more particularly bounded and described as follows: Beginning the following two (2) courses from the intersection of the easterly line ora 16 foot right of way with the northerly line of Lot I of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said fight of way; Running thence the following two (2) courses and distances to the tree point or place of BEGINNING: 1. South 74 degrees 55 minutes 10 seconds West, 196.60 feet along land now or formerly of David S. Horton and Hermine Horton; 2. South 55 degrees 42 minutes 18 seconds East, 249.01 feet through lands of lacoby Family Limited Partnership to the tree point or place of beginning. Running thence from said tree point or place of beginning through lands of Jacoby Family Limited Partnership the following five (5) courses and distances: 1. South 55 degrees 42 minutes 18 seconds East, 195.71 feet to a point; 2. North 86 degrees 37 minutes 54 seconds West, 269.72 feet to a point; 3. North 18 degrees 43 minutes 04 seconds West, 69.24 feet to a point; 4. North 70 degrees 08 minutes 14 seconds East, 58.57 feet to the point; 5. North 83 degrees 10 minutes 03 seconds East 75.24 feet to a point at the tree point or place of BEGINNING. re/sehajaeobyce COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC#: C09-4281 ~ ~ r~ I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original RIGHT OF WAY AGREEMENT recorded in my office on0210212009 under Liber D00012579 and Page 382 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 02/02/2009 SUFFOLK COUNTY CLERK JUDITH A. PASCAI. E SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: RIGHT OF WAY AGREEMENT Number of Pages: 7 Receipt N,~mher : 09-0009597 TRANSFER TAX NUMBER: 08-14743 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 125.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 02/02/2009 10:49:38 AM D00012579 382 Lot: 005.001 Received the Following Fees For Above Instrument Exempt Page/Filing $35.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $5.20 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: THIS 08-14743 PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $115.20 Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS 7 Serial #, Certificate # Prior Cfi. # Deed / Mortgage Instrument al Page / Filing Fee Handling Notation EA-52 17 (County) Deed / Mortgage Tax Stimp FEES EA-5217 (State) ILP.T.S.A. Comm. of Ed, Affidavi~ Peg, Copy 5 O0 Other 51 Stamp Date Initials /7- Sub Total RoM Property Tax Service Agency Verification /, .....-- , _.. ~/}p _ . l~l.~ 1000 12500 01001/005001 10~ ~ ' ! I [ Satisfactions/Discharges/Releases List Property Owners Mail~g Address RECOIm &RgTURN TO: WICKHAM, BRESSLER, GORDON & GEASA, P.C. P.O. BOX 1424 MATTITUCK, NY 11952 91 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec,/Ass'it Or Spe~./Add. TOT, MTG, TAX Dual Town.__ Dual County__ Held for Apportionment Transfer T~x '~- Munsio~ Tax · The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO__ If NO, see appropri~t~ tax clause on page # __ of ~his instrument. 6i C0~n~rnunity Preservation Fund Consideration Amount $ ~ CPF Tax Due $ '(~ Improved TD TD TD I' I Title Com~pany Information [Co. Name C$ '~--! ~ ~ . uffolk Cowry Recordin & Eadorsem nt Pa e ~spagefo~of~e~h~ RIGET OF WAY ~ ~~ (SPE~ ~E OF ~~ ) made by: JACOBY FAMILY LIMITED PARTNERSHIP The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD ,, inth~ViLtAOE or HAMLET of~ MATTITUCK BOXES 5 THRU 9 IVIUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. RIGHT OF WAY EASEMENT THIS INDENTURE, made as of the ~o/ day of August, 2008, by JACOBY FAMILY LIMITED P, ARTNERSHIP,~ New York Limited Partnership with offices at P.O. Box 1560, 3055 Kirkup Lane, Mattituck, New York, 11952 (herein after referred to as the "Declarant"). WITNESSETH: WHEREAS, the Declarant is the owner of certain real property located at 3055 Kirkup Lane, Mattituck, Town of Southold, County of Suffolk and State of New York, SCTM# 1000-125-1 o 5.1, more particularly bounded and described as set forth in Schedule "A" armexed hereto, (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 for a subdivision of the Property into three (3) parcels, as shown on map of"Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", prepared by Nathan Taft Corwin, III, last dated February 21, 2008, which map will be filed in the office of the Suffolk County Clerk; and WHEREAS, Declarant is required, pursuant to the subdivision approval granted by the Planning Board in a resolution adopted on September 10, 2007, to create an easement for the purpose of ingress and egress to Lot 2 over Lot 1 on the subdivision map, and for the purpose of sharing a common driveway for the installation of utilities and all other lawful purposes in favor of these parcels; and WHEREAS, Declarant desires to provide for such driveway access to and from the terminus of Kirkup Lane over Lot 1 to Lot 2 on the subdivision map. NOW, THEREFORE, be it declared as follows: 1. Lot 2 is hereby granted a 16 foot wide right-of-way over the portion of Lot 1 described in Schedule B herein, for ingress and egress and the installation of a driveway and utilities, and all other lawful purposes. Such right of way continues northerly over other lands to Sound Avenue in coa~non with others. 2. Vehicular access to and from Lot 2 shall be restricted to said driveway access. 3. The owner of Lot 2 shall have the right to grant an easement for ingress and egress, consistent with the terms and restrictions of the Conservation Easements on Lots 2 and 3 and with the terms of this Easement, for the benefit of Lot 3; provided, however, that this shall not extend to the owner of Lot 3 the right to access any other property adjoining Lot 3 through this Easement. 4. With regard to the use of the right of way referenced above, such use shall be subject to the following conditions: (A) The respective iot owners shall have the joint, equal and mutual right to use the driveway described in Schedule "B" as a common driveway for the purposes set forth herein. (B) The term "lot owner' or "lot owners", as used in this Easement; shall be deemed to include any heirs, distributes, successors or assigns of the particular lot owner or lot owners of Lots 1 and 2. (C) Each lot owner, by accepting a deed to or taking title to Lots 1 and 2 does hereby authorize and accept, for the lot owner and his/her heirs, distributes, successors, and assigns, ail of the conditions, obligations, restrictions, and provisions of this Easement. (D) The word "maintenance" as used in this Easement, shall be deemed to mean all costs and expenses in connection with said driveway, including the costs of sweeping, surfacing and resurfacing, regravelling, filling of holes, snow removal, landscape maintenance to insure proper width and all those items necessary to make it convenient and safe for the owners of the aforesaid lots to use the right of way described on Schedule "B". (E) The owners of the respective Lots 1 and 2, or any portion thereof, shall jointly determine what maintenance shail be done on the common driveway to which they have access and the amount of money to be expended therefore. Each lot owner shall be responsible for one half of the maintenance expenses. (F) All improvements to the common driveway within the right of way shall be made following notice to the other lot owner. Said notice shall contain all information necessary to make an informed decision on the matter and shall be personally delivered or sent by certified mail, return receipt requested. If the noticed lot owner does not object within thirty (30) days of the delivery or mailing of the notice, such lot owner shail be bound by the terms of the notice. (G) All lot owners agree that the common driveway shall always be maintained in good repair employing the same design, type of construction and material as originaily installed, unless otherwise agreed to by the owners of Lot 1 and approved in advance by the Planning Board of the Town of Southold. Good repair shall include repair of any "potholes" or' similar defects in the driveways which cause the driveways to become substandard, and maintenance of the driveway so as to be passable by vehicles. (H) In the event any of the lot owners fail to pay their proportionate share of charges, the lot owner having duly paid both its share of expenses and that of the defaulting lot owner shall have the right to collect such proportionate share from the defaulting lot owner. The lot owner who has paid its proportionate share of expenses may also commence an action against the defaulting lot owner, in a court of appropriate jurisdiction, in order to recover the unpaid monies. The prevailing lot owner shall be liable for all costs and expenses, including but not limited to, reasonable attorney's fees, and any other reasonable costs and expenses 2 which are incurred by the other lot owner in the action relating directly to the unpaid share of expenses. (I) Notwithstanding anything to the contrary herein, each and every lot owner shall promptly repair, at his/her sole cost and expense, any damage done to the driveways by construction traffic, machinery, or other implements used in the construction or maintenance of improvements on the particular lot owner's land. Any failure to make or pay for for such repair may be treated by the other lot owner as a default in the payment of maintenance expenses, in accordance with subparagraph (H) above. (J) This Right of Way Easement may not be revoked, rescinded, extinguished, modified or amended without the express written permission ora majority plus one of the Town of Southold Planning Board, except that the provisions hereof which relate solely to the making of repairs or improvement decisions or the allocation of expenses among lot owners may be revoked or modified without such Planning Board's approval. (K) This Right of Way Easement shall run with the land and is binding upon all grantees, heirs, distributes, successors, or assigns of any portion of the lands described in Schedule "A" herein, except that the County of Suffolk, as owner of the Conservation Easement on Lot 3, shall have no obligations for installation, maintenance or repair not caused by its agents, nor shall notice be required to be given to the County of Suffolk under Article 3.F herein. IN WITNESS WHEREOF the Declarant has duly executed this Easement the day and year first above written. JACOBY FAMILY LIMITED PARTNERSHIP Re/driveeasepbjac By By R ssell Jacoby By ~_ General Partner 'Ge(e~nnera~artner Lauren Jacoby, STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: day of August, in the year 2008, before me, the undersigned, personally appeared Winifred Breines, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the w~thin instrument and acknowledged to me that she executed the same in her capacity, and that ~y ,~er signature on the instrument, the individual, or the person upon behalf of which the i~dipidual acted~ executed the instrument. Signal.m4 and Offi~"6}' Individual Taking Acknowledgment DONNA McGAHAN Notary Public, State of New York No, 01MC4851459 Qualified in Suffolk County Oommis$1on Expires Aug. 18, ~ STATE OF HEW YORK, COUNTY OF SUFFOLK: ss.: On the ~'o~//' day of August, in the year 2008, before mc, thc undersigned, personally appeared banren Jacob¥, persunal]¥ known to me or proved to mc on the basis of satisfactory evidence to bc the individual whose name is subscribed to the wit~ instrument and acknowledged to me that she executed the same in her capacity, and that b~h~r signature on the instrument, the individual, or the person upon behal£ of which the individual acted, executed the instrument. Signature and Offence of Ind~ividual Taking Acknowledgment DONNA McGAHAN Notary Publlo, State of New York No. 01MC4851459 Qualified in Suffolk County Commission Expires Aug. 18, ~ STATE OF NEW YORK, COUNTY OF SUFFOLK: ss.: Z.ot O On the ~.~/'day of August, in the year 2008, before me, the undersigned, personally appeared Russell Jacoby, 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/h~ signature on the instrument, the individual, or the p4rson upon behalf of which the in{i~idualkacted, exe~cu!ed the instrument. Signature and Office of Individua Taking AcknOwledgment DONNA McGAHAN Qualified in Suffolk County Re/driveeasepbjac Oommisslon Expires Aug. 18, ~ SCHEDULE "A" - OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and the State of New York, designated as "Clustered Conservation Subdivision for the Property of the Jacoby Family Limited Partnership", being more particularly bounded and described as follows: BEGINNING at a point at the intersection of the easterly line of a 16 foot right of way with the northerly line of Lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; Running thence northeasterly along lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 204.66 feet to the southerly side of Laurel Lake; Running thence southeasterly along a tie line course on the southerly side of Laurel Lake the following four (4) courses and distances: 1. South 47 degrees 16 minutes 54 seconds East, 29.39 feet; 2. South 56 degrees 29 minutes 32 seconds East, 70.00 feet; 3. South 71 degrees 06 minutes 23 seconds East, 36.71 feet; 4. South 65 degrees 23 minutes 56 seconds East, 70.80 feet to lands now or formerly of the Town of Southold; Running thence southwesterly along lands now or formerly of the Town of Southold the following five (5) courses and distances: 1. South 20 degrees 17 minutes 30 seconds West, 273.21 feet; 2. South 35 degrees 57 minutes 00 seconds West, 89.30 feet; 3. South 42 degrees 24 minutes 40 seconds West, 133.40 feet; 4. South 47 degrees 51 minutes 15 seconds West, 219.90 feet; 5. South 46 degrees 40 minutes 10 seconds West 355.00 feet to lands now or formerly of the County of Suffolk; Thence northwesterly along said aforementioned land, the following two (2) courses and distances: 1. North 20 degrees 54 minutes 25 seconds West, 665.60 feet; 2. North 20 degrees 59 minutes 30 seconds West, 100.18 feet to other lands now or formerly of the County of Suffolk; Thence northeasterly along lands now or formerly of the County of Suffolk and lands now or formerly of David S. Horton and Hermine Horton, North 74 degrees 55 minutes 10 seconds East, 574.94 feet to the point or place of BEGINNING. TOGETHER WITH a right of way in common with others 16 feet in width for ingress and egress from Sound Avenue to said premises, known as Kirkup Lane. re/schajacoby S~;H~nOLg "B" - I~HT OF WAY DESCRIPTION ALL that certain piece or parcel of land with improvements thereon, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and The State of New York designated as part of lot no. I on the Conservation Subdivision Map for the Jacoby Family Limited Partnership more particularly bounded and described as follows: BEGINNING at the intersection of the easterly tine of a 16 foot right of way with the northerly line of lot 1 of said map, said point also being 3,166.18 feet from the intersection of the southerly side of Sound Avenue with the easterly line of said right of way; THENCE through lot 1 of said map the following four (4) courses and distances: (1) (2) (3) (4) South 31 degrees 38 minutes 40 seconds East, 60.20 feet to a point; South 08 degrees 07 minutes 48 seconds East, 37.61 feet to a point; South 26 degrees 03 minutes 25 seconds East, 47.70 feet to a point; South 55 degrees 13 minutes 36 seconds East, 18.44 feet to a point and the northerly line of lot 2 of said map; THENCE along the northerly line of lot 2 of said map South 49 degrees 01 minutes 12 seconds West, 16.51 feet to a point; THENCE through lot 1 of said map the following four (4) courses and distances: (1) (2) (3) (4) North 55 degrees 13 minutes 36 seconds West, 18.54 feet to a point; North 26 degrees 03 minutes 25 seconds West, 52.01 feet to a point; North 08 degrees 07 minutes 48 seconds West, 37.38 feet to a point; North 31 degrees 38 minutes 40 seconds West, 63.46 feet to a point and the northerly line of lot 1 of said map; · THENCE along the northerly line of lot 1 of said map North 74' degrees 55 minutes 10 seconds East, 16.69 feet to the point of BEGINNING.