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HomeMy WebLinkAboutL 12680 P 440SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDIN~ PA~E Type of Instrumentz EASEHENT Number o£ Pages: 10 Receipt Number = 11-0140321 TRANSFER TAX NUMBER: 11-10505 District: 1001 Deed Amount Recorded: At: LIBER: PAGE: Section: Block: 005.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo 12/2a/2011 03:29:52 PM D00012680 440 Lot: 040.002 Received the Following Fees For Above Instrument Exempt Page/Filing $0.00 YES Handling COE $0.00 YES NYS SRCH~ TP-584 $0.OO YES Notation Cert. Copies $0.00 YES RPT Transfer tax $0.00 YES Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-10505 THIS PAGE IS A PART OF THE INSTRt~ENT THIS IS NOT A BILL Exempt $0.00 $o.oo $0.00 YES $0.0o YES $0.00 YES $o.oo JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2011 Dec 23 03:29:~2 PH JUDITH A. P~qSCALE ~ OF SU~OLK COUNTY t ~0012680 P ~0 DT) 11-1~05 Deed / Mortgage lnstrumeat Deed / Mortgage Tax Stamp [ Re~ording / Filing Stamps Page t Firing Fee Handling 20. 00 TP-$84 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5. 00 Affidavit Coltifmed Copy NYS Snmharge 15. 00 Other' Sub Total Sub Total Mortgage Amt. 1, Basic Tax 2. Addifio~l Tax SubTotal Sp~c YAssit. or Spac./Add. TOT. MTG. TAX Dual Town __ Dual County.__ Held for Appointment __ Transfer Tax Mansion Tax The pn~0~ty covered by this mortgage is or will be improved by a o~e or two family dwelling only. YES or NO If NO, see appropriate tax clause on 100! 00500 0400 0401~02~' R~l~~ySe~i~ ~1~1~ ZOO1 00500 0400 03900~t~0 ' e } Satis~cfion~isch~e~elea~s ~st ~Ry ~ne~ MMfing A~as I ~CO~ & ~N ~: V~t ~d m~,, = Judith A. Paso~o, 8u~olk ~un~ O~k ~[~ ~ ) ~o~oR m 81o Oontor Dr~e, ~iwrho~, NY lq901 m~ Suffolk County Recording & ndorsement Page ~s p~e f~s ~ of ~e ~ ~~ m~e by: ~z ~ a~ o~ ~n~ ~e ~s ~in is situ~ in S~LK ~, ~W YO~. TO in thc TOWN of O'n- ACA.V~'n.~-, ~'~',,,-r'~, ~.~.~.~.~-~o~-/ or HAMLET of BOXES 6 THRU g MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. % , Gounty: Suffolk Site No; B 00027 ERP SAC No.: C301693 ENVIRONMENTAL EASEMENT GRANTED PURSUANT TO ARTICLE 7t, TITLE 36 OF THE NEW YORK STATE ENVIRONMENTAL CONSERVATION LAW THIS INDENTURE made this. '[~' day of~ 20/__Q,0 betw¢= Owner(s) Incorporated Village. of Oreenport, having an office at 236 Third S~, Omenport, New York, 11944 (the 'Grantor'), 'and The People of the State of New York'(the "Grantee.'), acting through their'Commission~ of the Department of Environmental Conservation (the 'Commissioner", or 'NYSDEC" or "Department" as the context requires) with its headquarters located at 625 Broadway, Albafiy, New York 12233, WHEREAS, the Legislature of the State of New York has declared that it is ih'the public interest to encourage the remediation of abandoned and likely contaminated properties ('sites") that threaten the health and vitality of the communities they burden while at the same time ensuring the protection of public health and the environment; and WHEREAS, the Legislature of the State of New York has declared that it is in the public interest to establish within the Department a statutory environmental remediation program that includes the use of Environmental Easements as ah enforceable means of ensuring' the performance of operation, maintenance, and/or monitoring requirements and the restriction of future uses'of the land, when an environmental remediafion project leaves residual contamination at levels that h&ve been determined to be safe for a specific use, but not all uses, or which includes engineered structures that must be maintained or protected against damage to perform properly and be effective, or which requires groundwater use or soil management tO. strictions; and WHEREAS, th~ Legislature of the State of New York ha.4 declared that Environmental Easement shall mean an interest in .real property, created under and subject to the provisions of Arti.ele 71, Title 36 of the New York State Environmental Conservation Law ("ECL') which contains a use: restriction and/or a prohibition on the use of land in a manner inconsistent with engineering controls which are intended to ensure the long term effectiveness of' a site remedial program or eliminate potential exposure pathways to hazardous waste or petroleum; and · WHEREAS, Grantor, is th~ owner of real property located at the addres~ of 115 and 203 Front Street in the Village of Greenport, C6unty of Suffolk and State of New York~ known and designat .ed on the tax map of the County Clerk of Suffolk as tax map pacel numbers 1001, Section, 5 Block 4 Lot 8.1 and 40.1, being the same as that property conveyed to Grantor by deed dated September 3, 1996 and recorded in the Land Records of the Suffolk County.Cl6rk on September 11, 1996 at Liber 11791, page 861 of Deeds, comprising approximately 3.19 ± acres, and hereinafter more ful!y described in the Land Title Survey prepared by H2M Group Surveyors, which will be attached to the site Management Plan. The prop6'ay description (the "Controlled. Property") is set forth in and attached hereto as Schedule A; and WHEREAS. the Department a~cepts this Environm~mtal Easement in order to ensure the protection of human health and the envirooment and to achieve the requirements for remediation established for thy C6ntrolled Property until such time as this Environmental Easement is extinguished pursuant to ECL Article 71, Tide 36; and NOW THEREFORE, in consideration of the mutual covenants contained herein and the Environmental Easemen~ Page 1 , , County: Suffolk Site No: B 00027 ER? SAC No.: C301693 terms and conditions of ERP State Assistance Contract Number: C 301693 Grantor convey~ b Grantee a ]aermanent Environmmtal Easem~ pursuant to ECL Article 71, Title 36 in, on, ov~r, under, and upon the Co, ntro, lled Property aa more fully described herein ('Iinyironmental Easement") ., 1, Purposes. Grantor and Orantee acknowledge tfiat the Purposes of this Environmental Easement are:.to convey to Grantee.real property rights and interests that will nm with the land in perpetuity in order to provide an effective and enforceable mearz of encouraging the reuse and r~development of this Controlled Property at a level that has been determined to be safe for a specific use while ensuring the performance of operation, maintenance, and/or monitoring requirements; and to ensure the restriction of future uses of the land that are inconsistent with the above-stated purpose. 2. Institutional and Engineering Controls. The controls and requirements listed in the Departinent approved Site Management Plan ("SMP") including any and all Department appwved amendments to the SMP are incorporated .into and made part of this Environmental Easement. These controls and requirements apply to the use of the Controlled Property, nm with the land, are binding on thc Grantor and the Grantoes successors and assi .gm, and are enforceable in law or equity against may owner of the Controlled Property, any lessees and any person using the Controlled Property. A. (1) The Controlled Property may be used for: Commeretal as described in 6 NYCRR Part 375-1.8(g)(2)(1i0 and Industrial as dese~'~ed in 6 NYCRR Part 3'/5-1.8(g)(2Xiv) (2) All Engineering Controls must be operated and maintained as specified in the Site Maaageanent Plan (SMP); (3)' All Engineering Controls must be inspected at a frequency and in a manner defined in the SMP. (4) Groundwater and other environmental or public health monitoring must be performed as defined in the SM_P; ($) Data and information pertinent to Site Management of the Controlled Property must be reported at the ,frequency and in a manner defined in the SIMP; (6) All future activities on the property that will disturb remaining contaminated material must be conducted in accordance with the SMP; (7) Monitoring to ar,~ss the performance and effectiveness of the fL'reedy must be pea'formed as defined in the SMP. (8) O~tion, maintenance, monitoring, inspection, and reporting .of any meeh:mical or physical components of the remedy shall be performed as defined in the SMP. Environmental Easement Page 2 ~ , County: Suffolk Site No: B 00027 ERP SAC No.: C301693 (9) Acc'ess to the site must be provided to agents, employees or other representatives of the State of Nmv York with reasonable prior notice to the progeny owner to assure compliance with the restrictions identified by this Environmental Easement. B. · The Controlled Property shall not be used for Residential or Restricted Residential purposes, and the above-stated engineering controls may not be discontinued without an amendment or extinguishment of this Environmental Easement. C. The SMP describes obligations that the Grantor assumes on behalf of Grantor, its successors and assigns. The Grantor's assumption oft. he obligations contained in the sMP which may include' sampling, monitoring, and/or opea~ating a treatment system, and providing certified reports to the NYSDEC, is and remains a fundamental element of the Department's determination that the Controlled Property is safe for a specific use, but not all uses. The SMP maybe modified in accordance with the Depamnent's statutory and regulatory authority, The Grantor and all successors and assigns, assume the burden of complying with the SMP and obtaining an up-to-date version of thc SMP from: Regional Remediafion Engineer NYSDEC - Region 2 Division of Environmental Remediafion SUNY~Stony Brook 50 Circle Road Stony Brook, NY 117.90-3409, Phone: (631) 444. 0260 or site Control Section Division of Environmental Remediation NYSDEC 625 Broadway Albany, New York 12233 Phone: (518) 402-9553 D. Grantor must provide all persons who acquire any interest in the Controlled Property a true and complete copy of the SMP that the Department approves for the Controlled Property and all D~ent-approved amendmemts to that SMP. E. Grantor covenants and agrees that until such time as the Environmental Easement is extinguished in accordance with the requirements of ECL Article 71, Title 36 of the EC~ the property deed and all subsequent instruments of conveyance relating to the. Controlled Property shall state in at least fifteen-point bold-faced type: This property is 'subject to an Environmental Easement held by the New York State Department of Environmental Conservation pursuant to Title 36 of Article 71 Of the Environmental Conservation Law. Environmental Easement Page 3 County: Suffolk Site No: B 00027 ERP SAC No,: C301693 , F. . Grantor covenants and agrees that this Environmental Easement shall be inc6rporated in full or by reference in any leases, licenses, or other instruments granting a right to use the Controlled Property. G. Grantor covenants and agrees that it shall annually, or such time as NYSDEC may allow, submit to NYSDEC a written state~nent by an expert the NYSDEC may find acceptable certifying under penalty of perjury, in such form and manner as the Department may require, that: (!) the inspection of the site to confirm the effectiveness of the institutional and engineering controls required by the remedial program was performed under the direction of the individual set forth at 6 NYCR~ Part 375-1.80)(3). (2) the institutional controls and/or engineering 6ontrols employed at such site: (i) are in-place; (ii) are unchanged from the previous certification, or that any identified ~hanges tO the controls employed Were approved b the NYSDEC and that all controls are in the Department-approved format; and (iii) that nothing has occurred 'that would impair the ability of such control to protect the public health and envii'onment; (3) the owner will continue to allow access to such real prope~'ty to evaluate the continued maint~umce ofsuoh controls; (4) nothing has occurred that would constitute a violation or failure to comply with any site management plan for such controls; ($ the report and all attachments were prepared und~ the direction of, and reviewed by, the party making the certification; (6) to the best of his/her knowledge and belief, the work and conclusions described in this cmifieafion are in accordance with the requirements of the. site remedial progrmn, and generally accepted engineering practices; and (7) the information presented is accurate and complete. 3. Right'to Enter and Inspect. Grantee, its agents, emi~loyees, or other representative~ of the State may enter and inspect th= Controlled Property in a z?.,asonable manner and at reasonabI¢ times to assure compliance with the above-stated restrictions. 4. Resgnted Gr~tor's Rights. Grantor resentes for itself, its assigns, represbn~ives, and successors in interest with .respect to the Property, all fights as fee owner of the Property, including: A. Us~ of the Controlled Property for all purposes not inconsistent with, or limited by the terms of this Environmental Easement; B. The right to give, sell, assign, or otherwise transfex part or ~11 of the underlying f~ int.~e,~t to the Controlled Property, subject and subordinate to this Environmental Easement; 5. Enforcement A. This Environmentkl Easement is enforceable in law or equity in perpetuity by Grantor, Grantee, or any affected local government, as defined in ECL'Section 71-3603, against Environmental Easement Page 4 : ' :~ ' ' County: Suffolk Site No: B 00027 ERP SAC No. · C301693 the owner of the Property, :my le,~see~, .and any person using the land. Enforcement shall not be dd'cated because of .any subsequent adverse possession, laches, estoppel, or waiver. It is not a defense in any action to enforce this Environmental Easement that: it is not appurtenant to an /nterest in real property; it is not o£a character that has been recognized traditionally at common law; it imposes a negative burden; it impose~ affirmative obligations upon thc owner of any interest in thc burdened property, thc benefit docs not touch or concern r~al property; there is no pfivity o£~state or of contract; or it imposes an unreasonable restraint on alienation, B. If any person, violates this Environmental Easement, thc Grantee may revoke the Certificate of Complet/on with r~spect to the Controlled' Pwper~. C. Grantee shall notify Grantor of a breach or susp~ted broach of any of the t~rms of this Environmental Easement. 'Such notice shall set forth how Grantor can cure such brea~h or suspected breach and give Grantor a reasonable mount' of time from the date ofreceipt of notice in which to cure. At the expiration of such period of time to cure, or any extensions granted by Grantee, the Grantee shall notify Grantor of any failure to adequately cure the brea~h or suspected breach, and Grantee may take any other appropriate action reasonably necessary to remedy any breach of this Environmental Easement, including the commencement of any proceedings in accordance with applicable law. D. The failure of Grantee to enforce any of the terms contained h~rein shall not be deemed a waiver of any such term nor bar any enforcement rights. 6. Notice. Whenever notice to th~ Grantee (other than the annual certificati6n) or approval from thc Grantee ia required, the Party providing such notice or seeking such approval shall identify the Controlled Property by referencing the following information: County, NYSDEC Site Number, NYSDEC Brownfield Cleanup Agreement, State Assistance Contra~t or Or&x Number, and the County tax map number or the Libor and Page or computerized system identification number. Parties shall address corre.spondenc~ to: Site Number: B 00027 Office of General Counsel NYSDEC 625 Broadway Albany New York 12233-5500 With a copy to: Site Contwl Section Division ofEnvironmerital Remediation NYSDEC 625 Broadway Albany, NY 12233 All notices and correspondence shall be delivered by hand, by registered mail or by Certified mail and return receipt requested. The Parties may provide for other means of receiving and communicating notices and responses to requests for approval. Recordation. Grantor shall roe. OM this instrument, within thirty (30) dags of execution of Environmental Easement Page 5 · by A~dcte 9 of thc Real P~ Law. 's. Amendmcat..Any .amendment to this Envaxn~entat .Easnnent ,may eaty be exeaaed.by the ~on~"6f the Ncw York S~ ~cnt of En,,/wnmentnl: ~ dr the- commissioner's Desi~ and filed v, qth the-offi~ of the re~tin~ officer for Rte oounty or oounti~ where the Properly is simat~ in the mann~ prescribed by Article 9 oftho Real Property' ' 10. ~il~g0J~l~Mi~. ir-~e are two or more'pa~ties ii~,.titied ~s Grantor ~ the -obti~ntions imposed by-this instrument upon them shall bi:joint and several. ', · : TMe: STATE OF }~..,W ¥0~:?,~' ) ' ' ) sS: of ~/~r~ evident t6. be' th~f.bufividu~s) ,whose. ~ is (~) subscrt'boct ~o t~ wM~in cqaci~ie~), ~ that.by hts/h~ ~a~n~s) on th8 ' .mstnmm~ me. imavid~(s), -or the / - - - ,_-s~r Not ~'Y. Pub 01'HE.60 59270. l~ota~ ~tJ~ - .Sta~')~New York, ~o.....-~m~ counw , . ~ ' ' Ou61it~e.~ m ~u,~ ul 23, '. ' · ~ oommission .Exptres J Y THIS ENVIRONMENTAL EASEMENT iS HEREBY ACCEPTED BY THE THE STATE OF NEW YOking By and Through the Department of' Environmental · ' By: _ · Da~ ~.. DcSno~ycrs, Direct0(/' Division of Remediation Grantee's Acknowledgment On the ~ day of in the year 20/__~ before me., the undersigned, p~'sonally appe~.~_ ~eag, personally known to me or proved to me on the basis of satisfactory evidenc~ to be the in~lividual(s) whose name is (are) subscribed to the within instramcnt and acknowledged to me that hedshed executed the same in his/her/capacity as Designee of the Commissioncr of the State of New York Department of Environmental Conservation, and that by his/her/signature on the instrum~t, the individual, 9r the pm'son upon behalf of which the individual acted, ~xeculed the instrument. Notary Public - State of New York Drew & Wel~ette.. · O~d tn 8ch~e~ ~. Environmental Easement Pa~c'7 SCHEDULE 'A" PROPERTY DESCRIFI'ION' LEGA~L DESCR]Y~ON Environmental Easement Page 8 - o.' SURVEY Environmental Easement Page 9