HomeMy WebLinkAbout1000-51.-2-7SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instru/nent: DECLARATION/DOP
Number of Pages: 4
Receipt Nun%her : 05-0062521
District:
1000
Recorded:
At:
06/13/2005
10:25:50 AM
LIBER: D00012391
PAGE: 939
Section: Block: Lot:
051.00 02.00 007.000
EXAMINED AND CHARGED A~ FOLLOWS
Received the Followin9 Fees
For Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO
Fees Paid
Page/Filing $12.00
COE $5.O0
TP-584 $0.00
Cert. Copies $5.00
SCTM $0.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clerk, Suffolk County
Exempt
$5.00 NO
$15.00 NO
$0.00 NO
$50.00 NO
$92.00
Nuniber of pages
TORRENS
Serial #
Certificate #
Prior Cfi. #
Deed / Mortgage Instrument
Page / Filing Fee /al
Handling 5. 00
Deed / Mortgage Tax Stamp
FEES
TP-584
Notation
EA-52 17 (County/
Sub Total
EA-5217 I State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
NYS Surcharge 15. 00
Other
4 I Dist('~
RealPr°per CpO1 ~k
Tax Service
Agency
Verification
SubTotal ?F--
Orand Total ¢
1000 05100 0200 007000
1000 05100 0200 008000
,I
Satisfactions/Discharges/Releases List Property Owners Mailing Address'
RECORD & RETURN TO:
~ '
Recording / Filing Stamps
5
Nlortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town ___ Dual County __
Held for Appointment
Transfer Tax
Mansiou Tax
The property covered by this mortgage is
or will be improxed by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.,/ /
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
hnproved
Vacant Land
TD
TD
TD
I ;o.]Name Title Company Information
[Title
Suffolk County Recording & Endorsement Page
( (~J'~'O_ i,Pt[~ ~ ~ made by:
SPECIFY TYPE OF INSTRUMENT)
Thi, page forlllS part of the attached
In the Township of
lu the VILLAGE
or HAMLET of
The premises herein is situated in
SUFFOLK COUNTSr; NEW YORK.
TO R
BOXES 6 TItRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
DECLARATION OF COVENANTS & RESTRICTIONS
THIS DECLARATION is made this ~ day of~4_, 2005 by Edward C. Booth and Patricia S.
Booth residing at 175235 Soundview Avenue, Soutfiold, NY 11971, hereinafter referred to as
the DECLARANTS;
WlTNESSETH:
WHEREAS, the DECLARANTS are the owners of certain real property situate ou the South side
of Soundview Avenue, the West side of Mt. Beulah Avenue and the North side of Old North
Road, 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
DECLARANTS have made an application for and have received conditional approval from the
Planning Board of the Town of Southold to implement a conservation subdivision, as sbown on
the Final Plat--Cluster Conservation Subdivision for Booth prepared by Peconic Surveyors, P.C.
last dated May 27, 2005 xvhich will simultaneously be filed 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 and 2, and 3, 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 DECLARANTS have considered the foregoing and have determined that the
same will be for the best interests of the DECLARANTS aud subsequent owners of said parcels;
NOW, THEREFORE, THIS DECLMIATION WITNESSETH:
That the DECLARANTS, for the purpose of carrying out the intentions above expressed, do
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, their heirs, executors, administrators, legal representatives, distributees, successors and
assigns, to wit:
1)
Access to the 3-acre building area on Lot 1 shall be fi-om the existing
20'-wide right-of-way from North Road and a 25'-wide right-of-way from
Sound View Avenue.
2) Access to Lots 2 and 3 shall be from Mt. Beulah Avenue.
If any section, subsection, paragraph, clause, phrase or provision o f 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 or provision hereof other than the part so adjudged to be illegal, unlawfifl, invalid,
o[ unconstitutional.
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.
That the within Declaration shall run with the land and shall be binding upon the
DECL.~ANIS and their successors and assigns, and upon all persons or entitics claiming under
them, and may not be annulled, waived, changed, modified, terminated, revoked, annulled, or
amended by subsequent ox~rs of the Property unless and until app[~bxl by a majority plus one
vote of'the Planning BOard of the Town 0f Southold or its successors, at, er a public hearing.
IN WITNESS WHEREOF, the DECLARANIS above named have executed the
foregoing instrument the day and year first written above.
By: Edward C. Booth
By: Patricia S. Booth
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the /'2 ~7-)ly of /0/~4 the year 2005 before me, the undersigned, personally
appeared Edward C. Booth, person~ly known to me or proved to me on the basis of
satisfactory evidence to 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.
Notary. Public: State of New York
STATE OF NEW YORK)
SS.:
STATE OF NEW YORK
COUNTY OF SUFFOLK
SS:
I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT.OF/RECORD)
DO HEREBY CERTIEY TH&T I HAVE COMPAREDTHE ANNEXED COPY OF --/ ._ ~ .
'hEED EIDER _~/~// _ AT PAGE __ __ ~, ~RECORDED ~'///~:¢//¢v ~
AND THAT IT IS A JUST AND TRUE COPY OF CUCH'ORIGINAL DECLARATION A1ND OF THE WHOLE
T~IEREOF.
IN TESTIMONY WHEREOF, I HAVRE ITIF_~EUNTO SE~ MY HAND AND AFF~E~D~HE SEAL OF SAID
COUNTY AND COURT THIS /~ DAY OF~,~(_~~4~¢/~,~- ~'¢¢L~- /
CLERK ,,,,,~? ,2~-~
Title No: RHO430L955
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of $outhold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the interseCtion of the southerly side of Sound View Avenue and the
westerly side of Mt. Beulah Avenue;
RUNN:[NG THENCE South 0! degree 56 minutes 40 seconds East along said westerly side of Nit. Beulah Avenue,
1787.84 feet to the northerly side of North (C.R. 27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 310.22 feet to a concrete monument and land now or formerly of Booth;
RUNNING THENCE along said land now or formerly of Booth the fo]lowing three (3) courses and distances:
1. North 19 degrees 08 minutes 00 seconds East, 210.00 feet to a concrete monument;
2. North 86 degrees 17 minutes 20 seconds West, 150.42 feet to a concrete monument; and
3. South 19 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the
northerly side 'of North (C. R.27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the northerly side of North (C.R. 27)
Road, 300.82 feet to land now or formerly of R. 3. & H. Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or formerly of H. V. Miepus & M. G. Ellis, 1266.03 feet to {he southerly side of Sound View
Avenue~
RUNNING THENCE North 73 degrees 27 minutes 30 seconds East along the southerly side of Sound View
Avenue, 885.26 feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View
Avenue, 134.52 feet to the corner at the point or place of BEGINNING.
Certificate of Title
CLOSZNG STATEMENT
Edward C. Booth, Sr. and Patricia S. Booth
to
TOWN OF SOUTHOLD
DATE:
PLACE:
SELLER:
SELLERS' Al-TORN EY:
PURCHASER:
PURCHASERS' A'I-I'ORNEY:
TITLE COMPANY REP.:
PREMISES:
June 14 @ 1:00 P.M.
Office of the Department of
Land Preservation
Main Road
Southold, New York
Edward C. Booth, Sr. and Patricia S. Booth
Rudolph Bruer, Esq.
Town of Southold
Lisa Clare Kombrink, Esq.
Karen Hagen
17580 Soundview Avenue, Southold
SCTM#: 1000-51-2-7 & part of 8
SALES PRICE:
$801,212.80
Plus adjustments due Seller
(re: survey reimbursement)
$ 4,100.00
DUE SELLER AT CLOSING:
$805,312.80
Check # 081861
Made Payable to
Edward C. Booth, Sr. and Patricia S. Booth
$805,312.80
PAID SELLER AT CLOSING:
$805,312.80
Additional Costs of Purchase:
Check #081864
Made Commonwealth Land Title Insurance Company
Fee Policy Premium - $3,720.00
Recording Fee $ 200.00
Certified Copy $ 15.00
$ 3,935.00
Check #081866
Made Payable to Karen Hagen
Per Diem/Title Closer
$ 100.00
BARGAIN AND SALE DEED WITH COVENANT AGAINST
GRANTOR'S ACTS
FORM 8007
C..\U'I ION. I IllS AGREEMENT SItOULD BE PREPARED BY AN .,VI'FORNEY AND REVIEWED B Y .ATFt)RNE Y5 t-ol~
S[:LLER AND PURCItASER IJEFORE SIGNING.
rUIN INDENTURE made the c.~}'0'-¥ day of
be[¥~'eefl
EDWARD C. BOOTH JR., residing at 17235 Soundvicw Avenue, Southold, Ne'.~ York 11971, as
to MICHAEL S. BOOTH, residing at 17235 Soundvicw Axenue, Soutbold, New
Yo~ 11971, as to , MARGOT W. BOOTH, res/ding at 3035 Old North Road,
Soutbokl, New Yor~ ! 197 I. and KATHERINE B. COHEN, residing at 1313
Great Plain Avenue, Needham, MA 02194
party of thc first part, and
EDWARD C. BOOTH AND PATRICIA S. BOOTH, his ;vile, both . · ~,.,, - .
residing at 1 ,-.,> Sound,,'m~
Avenue, Southold, New Y'ork 11971
pa~y ofthe second part,
II'IT,.¥ES,5'ETII, that the part.,,' of the first part, in consideration ofTEN DOLLARS ($10.00).
lawlhl money of the United States, paid by thc party of the second part, does hereby grant and
release unto the party of the second part, the heirs or successors and assigns of the party of thc
second part lbrever,
ALL that certain plot, piece or parcel of land, with tile buildings and improvements thcreon
erected, 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 formed by tile intersection of the northerl3 side of North Road
tile westerly side of Mt. Beulah Avenue;
RUNNING THENCE along thc northerly side of North Road North 70 degrees 52 mint,es 00
seconds West 310.00 feet 1o hind now or Ibrmcrly of Sandcr;
RUNNING THENCE along land nov,' or Ibrmerly of Sander the following three t3/cour:,cs
and distances;
1. North 19 degrees 08 minutes East 210.00 feet;
2. North 86 degrees 17 minutes 20 seconds West 150.42 feet;
.3. :5outh 19 degrees 08 minutes West 170.00 feet to die northerly side of North Road:
RUNNING THENCE along tile northerly line of North Road North 70 degrees 52 minutes
seconds West 300.82 feet to land now or formerly of Donopria;
THENCE along land now or lbrmerly of Donopria North 14 degrees 2--' ~ninutes 30 seconds
\Vest 1267.07 feet to the ~ outherly side of Soundvicw A',enue;
RUNNING THENCE along thc southerly side of Sound,..iew Aveuue ]ilord~ .,, ~ ....
minutes 30 seconds East 275.00 feet to the land nor or fom~erly of Wiley;
RUNNING THENCE along land now or formerly of Wiley the tbllowiag three course> and
distances;
1. South 16 degrees 32 minutes 30 seconds East 150.00 feet;
2. North 73 degrees 27 minutes ~0 seconds East 145.00 tleet;
3. North 16 degrees 32 minutes 30 seconds West 150.00 feet to thc southerly skit to
Sound,,iew A~ enuc;
RUNNING THENCE along thc southerly side of Soundview Avenue thc following mo
courses and distances:
1. North 73 degrees 27 minutes 30 seconds East 465.26 feet; -
2. North 63 degrees 09 minutes 00 seconds East 134.57 feet to the v, esterly side of Mount
Bcolah .4. venue;
RUNNING THENCE along the westerly side of Mount Beulah A,,enue South I degree 5(>
minutes 40 seconds East 1788.8l feet to the point or place of BEGINNING
BEINGAND INTENDED TO BE tl~esamepremisesconveyedtothepartyofthe firstpart
by riced dated 4.. 19/'99 and recorded on 8/20,'99 in Liber 11983. Pane 981.
Said premises being ail the interest of the party of the first par~ in an
into the premises being conveyed herein;
TOGETHER ~ith all right, title and interest, if ans, of the pa~' of the first pa~t in and to any
streets and roads abutting the above described premises to the center lines thereot;
TOGI~'THER wkh the appurtenances and all the estate and rights of the part>.' of the firbt part
in and to said premises,
TO HA VE A.¥D TO HOLD the premises herein granted unto the party of thc >econd part. the
heirs or successors and assigns of the party of the second part forex er.
~4~¥D the party of the first part, covenants that the part5' of the first part has not done or
suffered anything whereby the said premises have been encumbered in any x~ ay whatever, except
ns atbresaid.
A.MD the part5' of the first part, in compliance with Section 13 of the Lien Law, cox enants
that the part3, of the first part will receive the consideration tbr this conveyance and will hold the
right to receix e such consideration as a trust fnnd to be applied first for the purpose of paying the
cost of the improvement and will apply the same first to the pa5 merit of the cost of the
impro~ entent betbre using an5' part of the total of the same for any other purpose.
The word "part5 ' shall be construed as if it read "parties" whenever the sense of this
indenture so requires.
I:¥ 14'7T,¥ESS I~'I-IEREOF, the party of the first part has duly executed this deed the da5 and
Michael S. Booth
Katherine B. Cohen
STATE OF ~IO(,C~ :
:SS.
COUNTY OF
da5' of~ICh, ~etbre me, the undersigned, a Notao' Public in and
for said State, personally appeared Edward C. Booth Jr., personally h~own to me or
proved to me on the basis of satisfacto~ evidence to be the individuals whose name are
subscribed to the within instrument and ac~owledged to me that he executed the same in
his cap~citv, and that by his signature on the instrument, the individu~erson
upon behalf of which t~e individual ~cted, executed the instrument.
STATE OF :
COUNTY OF :
On the ~ day of t~ ,~before me, ~he undersigned, a Notary Public in and
for said State, personally appeared MICHAEL S. BOOT[I, personally ~ox~ n ~o mc or
proved ~o ~ne on the basis of satisfacto~3' evidence to be the indix idual whose name
subscribed ~o ~he ~ ithin instmmem m~d ac~owledged to me tha~ he executed
bis capacity, and tha~ by his signature on the instrument, the individuals, or the person
upon behalf of which d~e individual acmd, execumd fl~e iustmmem.
~ota~ Public, 8ta~ Of
N0. 01D06095328, Suffolk ~un~
le~ ~pires Jul~ 1,20
of ATE OF NEW YORK :
:SS.
COUNTY OF SUFFOLK :
On the -I +h day of A fur, l, 2005 belbre me, the undersigned, a Notao' Public in and tar said State.
personally appeared Margot W. Booth personally known to me or prox ed tc me on the basis of satisfactory
evidence to be the individual whose names is subscribed to the ~ ithm instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument, the individuals, or thc
person upon behalf of which the individual acted, executed tile instrument.
H~OTARY PUBLIC, ~tate of New yor~
Commission Expires May 29, 20 ~
Cou,ty of
On the/5~hy of ~]0.~]4 in the year 200~, belbre me, thc undersigned, personally appeared
KATHERINE B. COHEN, personally known to me or proved to me on tile basis of satisthctory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me the she executed
the same in her capacity, that by her signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument, and that such individuaj m, ad~ such appearance before rise
undersigned in the city of -5-c~o~'~old and the state of
sUSAN ~ ~ OOKER
NOTARY PUBLI; State o~ New
Na 0 ITO5078120
Qualified in Suifolk Coun~
NOTARY PUBLIC
BARGAIN AND SALE DEED WITH COVENANT AGAINST
GRANTOR'S ACTS
FOR3I 8007
CAU flON: rH/S AG~E~NT SHOED BE P~P,~D BY AN ATTO~EY A~) ~VIEWED BY A~ f()~EYS FOR
SELLER AND P~C~aSER BEFO~ SIGNING.
THIS INDENTURE, made the ~1 day of ~(~ .2005,
between
Edward C. Booth Jr., residing at 17235 Soundvie~ Avenue, Southold, New York 11971
Michael S. Booth. residing at 17235 Sotmdview Axenue, Southold, New York 11971
Margot W. Booth. residing at 3635 Old North Road, Southold, New York 11971
Katherine B. Cohen, residing at 38 Parish Road, Needham, MA 02194
part)' of the first pa~t, and
Edward C. Booth Sr., residing at 17235 Soundview Avenue, Southold,
Patricia S. Booth, residing at 17235 Soundview Avenue, Southold. New York 11971
NY 11971
part>.- of the second part,
tI?TNESSETH, that the part5 of the first part, in consideration ofTEN DOLLARS I$10.0o1,
lawful money of the United States, paid by the part5' of the second part, does hereby grant and
release unto the parr5.' of the second part, the heirs or successors and assigns of the part5, of the
second part forever,
ALL that certain plot, piece or parcel of land, w ith the buildings and improvements thereon
erected, situate, lying and being at Southold, in the Tow n of Southold, County of Sufibkl and
State of New York, bounded and described as follows;
BEGINNING at a point on the southerly Tine of Somtdviexx Ax enue a distance of 599.83 feet
westerly along said southerly line from the westerl> line of Mount Benlah Avenue, from said
point of beginning running along land of Clement It,'. Booth three courses as tbllows:
l. South 16 degrees 32 minutes 30 seconds East, a distance of 150.0{) tket;
2. South 73 degrees 27 minutes 30 seconds West. as distance of 145.00/bet:
3. North 16 degrees 32 minutes 30 seconds West, a distance of 150.00 lbet to said >outherly
line of Soundvie~ Avenue;
THENCE along said southerly line, North 73 degrees 27 minutes 30 seconds East, a distance
of 145.00 feet to the point of BEGINNING;
SUBJECT to covenants and restricfious contained in Deed from Cletnent W. Booth to Esther
B. Wile)' dated 8q0'64 and recorded on 9464 in Liber 5608, Page 331.
BEING AN D INTENDED TO BE the same prentises conveyed to the party of the first part
by deed dated 3:1398 and recorded on 4:1 '98 in Liber 11886, Page 367.
TOGETHER with all fight, title and interest, if any, of the part).' of the first part in and to any
streets ami roads abuning the above described premises to the center lines thereof,
TOGETHER ;~ith the appurtenances and all the estate and rights of the pan>' of the first pan
in and to said premises,
TO HA I/E AND TO HOLD the premises herein granted unto the party of file second part, the
heirs or successors and assigns of the part)' of the second part forever.
A~[D the party' of the first part, covenants that the party of the first part has not done or
suffered anything whereb5 the said premises have been enct~mbered in any ;~ay whatever, except
as aforesaid.
AND the part)' of the first part, in compliance with Section 13 of the Lien Law, covenants
that the part}- of the first part will receive the consideration tbr this conve3 ance and ~ ill hold the
fight to receix e such consideration as a trust fund to be applied first for the purpose of paying the
cost of the improvemeut and will apply the same first to the p%ment of the cost of the
improvement before using an)' part of the total of the same for an) other purpose.
The word "part)'" shall be construed as if it read "parties" tx llenex er the sense of this
indenture so requires.
IN WITNESS I~?-IEREOF, the part3.' of the first part has duly executed this deed the da3 and
3'ear first above written.
IN PRESENCE OF:
Edward C. Booth Jr.
Michael S. Booth
Katherine B. Cohen
.-~'OUNTY OF SSUFFO~.K :
On the &~ daF' of O"lCif _ t , z005 before me, the undersigned, a Notary Public in and for
said State, personally appeared Edward C. Booth Jr. personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are 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
individuals, or the person u~on b~halfof which the indi,~ual acted, ex~uted~instmment.
, ~ , ~mne~v
~. Nh~J~ ~pk~: ~ 25, 2~8
STATE OF NEW YORK :
:SS.
COUNTY OF SUFFOLK :
On the g~-'(~ day of ~ , 2005 before me, the undersigned, a Notary Public in and for said State.
personally appeared Michael S. Booth personally kno~x n to me or proved to me on the basis of satisfactor5
evidence to be the individuals whose names are subscribed to the ~ ithin instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the individuals, or the
person upon behalf of which the individual acted, executed the instrument.
BONNIEJ. DOROSKI
Notary Public, State Of NewYodl
No. 01D06095328, Suffolk~ .C~mty
Te~m F. xpires July 7, 20 ~'\.
STATE OF NEW YORK
COUNTY OF SUFFOLK
On the "1 '[~' day of k. pa,// , 2005 betbre me, the undersigned, a Notary Public in and for said State.
personally appeared Margot W. Booth personally kno;;n to me or pro;ed to me on the basis of satisfactory
evidence to be the individual whose nmnes is subscribed to the within instrument and ackno;~ ledged to mc
that she executed the same in her capacity, and that by her signature on the instrmnent, the indMduals, or the
person upon behalf of which the individual acted, executed the instrument.
John M. Judqe
NOTARY PUBLIC, State of New York
No. 01 JU6059400
Qualified In Suffolk County
Corrmnss,on Exp,res May 29, 20 O '7
Nqi~I'ARY PUBL'I'C ~"
State of/I]'&C,~6¢'/L
SS:
C o unt y o f .~,M -~-(e_,l [-
On the 2*Jday of Mtk~q in the 3'ear 200~ before me, the undersigned, personall3 appeared
KATHERINE B. COHEN, personally known to me or proxed to me on the basis ofsatisthctorv evidence to
be the indMdual whose name is subscribed to the within instmlnent and acknowledged to me the she executed
the same in her capacity, that by her signature on the instrument, the individual, or thc person upon behalf of
which the individual acted, executed theinstmment, and that such individual made such appearance before thc
undersigned in the city' of ~-qo oqadc~ and the state of ~09.0c/g
SUSAN rk lOOKER
NOTARY p LJ BLI g, State ol New York
No 0,TO5078120
Quahfied :n Suffolk County 'k..-.
Commission Expires May ~t qt 2~ '"/
NOTARY PUBLIC
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THiS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of June, 2005 atSouthotd, New York. The parties are Edward C. Booth,
Sr. and Patricia S. Booth, both residing at 17235 Soundview Avenue,
Southold, New York 11971, ("Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Hain Road, P.O.
Box 1179, Southold, New York ("Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of $outhold, Suffolk County, New York, more fully
described in SCHEDULE A attached hereto and made a part hereof, and a
dated ]une 20, 2003, and last revised/~/~--[, 7,~¢ ~', prepare,,d by
survey
Peconic Surveyors, P.C., and hereinafter referredto as the "Property '; and
WHEREAS, the Property is located in the AC Zoning District of the
Town of Southold which designation, to the extent possible, is intended to
prevent the unnecessary loss. of those currently open lands which contain
prime agricultural soils as outlined in the Town Code of the Town of
Southold, Section 100-30. The Property is designated as part of Suffolk
County Tax Map Parcel Number ~ oo9 o <;~' ~-' '7 ; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property as scenic
open space as defined in the Town Code of the Town of Southold, or in an
agricultural capacity as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and open; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and open condition has
substantial and significant value as an aesthetic and agricultural resource
since it has not been subject to any extensive development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of eight hundred and one
thousand, two hundred twelve dollars and 80/100 ($801,212.80) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, in gross, which
shall be binding upon and shall restrict the premises shown and designated
as the Property herein, more particularly bounded and described on
Schedule "A' annexed hereto and made a part of this instrument.
TO HAVEAND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens and possesses the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State 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.
0.03 Purpose
The parties recognize the environmental, natural, scenic or agricultural
values of the Property and have the common purpose of preserving these
values. This Deed is intended to convey a Development Rights Easement on
the Property by Grantor to Grantee, exclusively for the purpose of preserving
its character in perpetuity for its environmental, scenic, agricultural, and
natural values by preventing the use or development of the Property for any
purpose or in any manner contrary to the provisions hereof, in furtherance
of Federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by enactment of Environmental Conservation Law,
Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar
recognition by the federal government includes Section 170(h) of the
Internal Revenue Code and other Federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. Grantor has made available to Grantee sufficient
documentation to establish the condition of the Property at the time of the
delivery of this Development Rights Easement. In order to aid in identifying
and documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying and
documenting the Property's agricultural values as of the date hereof, to
assist Grantor and Grantee with monitoring the uses and activities on the
Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, a survey dated ,lune 20, 2003, and
last revised , by Peconic Surveyors, P.C. and an Environmental
Site Assessment dated November 19, 2004 by Nelson, Pope & Voorhis, LLC.
Grantor and Grantee acknowledge and agree that in the event a controversy
arises with respect to the nature and extent of the Grantor's uses of the
Property or its physical condition as of the date hereof, the parties shall not
be foreclosed from utilizing any other relevant or material documents,
surveys, reports, photographs, or other evidence to assist in the resolution
of the controversy.
0.06 Recitation
in consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1,01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the right to prohibit or restrict the
use of the Property for anything other than open space, as that term is
presently defined in {}247 of the General Municipal Law and/or Chapter 59 of
the Town Code of the Town of Southold (the "Code") and/or agricultural
production as that term is presently referenced in Section 247 of the New
York General Municipal Law and/or defined in Chapter 25 of the Town Code.
1.03 Duration
3
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, 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
SALE
GRANTOR, for good and valuable consideration, 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 shall be prohibited forever upon or within the Property:
3.01 Structures
Except as provided in Section(s) 4.07, the construction or placement
of residential, commercial, industrial or other buildings, structures, or
improvements of any kind or nature (including, but not limited to mobile
homes), permanent or temporary, on, over, or under the Property, shall be
prohibited. Structures and improvements, including, but not limited to,
driveways and agricultural structures as they may be permitted in Section(s)
4.07 hereof, shall not be erected on, over, or under the Property without the
prior written approval of the Grantee, as may be required by the Code of the
Town of Southold and the Town Land Preservation Committee or its
successor committee. Such approval may be granted if the structure does
not defeat or derogate from the purpose of this Easement or other applicable
laws. For purposes of this Easement, "structure" shall be defined as
anything constructed or erected on or under the ground or upon another
structure or building, including berms, driveways or walkways.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
construct and maintain the permitted structures and improvements on the
4
Property and for purposes of erosion control and soil management, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
3.04 Dumpinq
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, including
fertilization and composting.
3.05 Siqns
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants, (b) to temporarily advertise the Property or
any portion thereof for sale or rent, (c) to post the Property to control
unauthorized entry or use, or (d) to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
3.06 Landscaping Activities
The removal of trees, shrubs, or other vegetation from the property
shall be prohibited except as provided in Section 4.04. Notwithstanding this
provision, the property may be cleared in connection with agricultural
production, as that term is referenced in §247 of the General Municipal Law
and/or defined in Chapter 25 of the Town Code.
3.07 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage and septic systems on the Property
shall be prohibited without the prior written consent of the Grantee. Utilities
located on the interior of the Property (i.e., not along street boundaries)
must, to the extent possible, be constructed within 30 feet of the centerline
of roads or driveways. Any utilities must be used solely to service the
permitted structures and must be related to use of the property for
agricultural production or equine and livestock activities.
3.08 Prohibited Uses
The use of the Property for any residential, commercial or industrial
uses and structures related to those uses, permanent or temporary, shall be
prohibited. For the purposes of this section, agricultural production,
including but not limited to the raising of crops, livestock and livestock
products, as the term is referenced in Section 247 of the General IVlunicipal
Law and/or defined in Chapter 25 of the Town Code shall not be considered
a commercial use. Notwithstanding anything to the contrary herein, a
Farmstand may not be constructed on the property, whether as a permanent
or temporary structure.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the U.S.
Department of Agriculture's National Resource Conservation Service.
3.10 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service the permitted structures. The use of the
Property for a drainage basin or sump shall be prohibited, except in
accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.11 Development Riqhts
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any structures, as
such right may be provided in Section 4.07, and the parties agree that such
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other customary rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement as well as
applicable local, New York, State, or federal law. Notwithstanding, this
Easement shall not prohibit use of the 15' right of way beginning at Sound
view Avenue and the 10' right of way beginning at North Road, both shown
6
on the survey .lune 20, 2003, and last revised ~2-ol)$, by Pe, conic
Surveyors, P.C. for access to the three (3) acre bdilding envelope shown
on the same survey.
4.04 Landscapinq Activities
Grantor shall have the right to continue the current modes of
landscaping, pruning and grounds maintenance on the Property. Grantor
shall have the right to remove or restore trees, shrubs, or other vegetation
when dead, diseased, decayed or damaged, to thin and prune trees to
maintain or improve the appearance of the property, to mow and to cut
trails. Grantor shall have the right to cut new growth less than four (4)
inches in diameter at breast height and to remove exotic or invasive species
including, but not limited to wild cherry, mulberry, oilanthus and locust.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 25 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Agricultural structures, as provided in 4.07, and as may be
reasonably necessary in connection with agricultural use and the
maintenance of the Property may be constructed, maintained or replaced by
Grantor with the prior written approval of the Grantee and subject to
appropriate governmental approval, including the Town of Southold Land
Preservation Committee or its successor committees.
4.06 Equine and Livestock Activities
In addition to the Agricultural Activities described in ¶4.05 above,
Grantor shall have the right to use the Property for horse pasture, horse
riding, horse breeding, or the breeding of any livestock.
4.07 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property with the prior written
approval of Grantee, as such approval may be required by the Code of the
Town of Southold and the Town Land Preservation Committee or its
successor committee. Approval may be granted and will not be
unreasonably withheld if the structure or improvement does not defeat or
derogate from the purpose of this Easement or other applicable laws. These
structures and improvements include:
(i)
Underground facilities normally used to supply utilities, remove
sanitary sewage effluent and/or control stormwater runoff from
the improvements permitted under the terms of this paragraph A
and B;
(ii)
Fences, if placed so as not to block or detract from the scenic
view.
(iii) Agricultural structures that are necessary, incidental and
accessory to the agricultural activity on the Property;
(iv) Access drives, to provide access to the improvements permitted
herein, a trail for non-motorized vehicles or for foot traffic only,
7
for the sole use of the owners, their successors and assigns, and
their tenants, occupants, and invitees.
B. Replacement of Improvements: In the event of damage resulting from
casualty loss to an extent which renders repair of any existing improvements
impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted within the same general
location, subject to the review and written approval of Grantee.
C. Environmental Sensitivity During Construction: The use and location of
any improvement permitted hereunder shall be consistent with the purposes
intended herein, and construction of any such improvement shall minimize
disturbances to the environment. Grantor shall employ erosion and
sediment control measures to mitigate any storm water runoff, including but
not limited to minimal removal of vegetation, minimal movement of earth
and minimal clearance of access routes for construction vehicles.
4.08 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.07 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
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.
4.09 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, 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.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments.
8
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, expenses, charges or liens, except those
arising from Grantee's negligence, to Grantee or any of its officers,
employees, agents or independent contractors arising from the physical
maintenance or condition of the Property or from any taxes, levies or
assessments upon it or resulting from this Easement, all of which shall be
considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, except those arising from
Grantee's negligence, 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 Property, except those due 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 Property at reasonable
times, upon prior written notice to Grantor, and in a manner that will not
interfere with Grantor's quiet use and enjoyment of the Property, for the
purpose of inspection to determine whether this Easement and its purposes
and provisions are being upheld. Grantee shall not have the right to enter
upon the Property for any other purposes or to permit access upon the
Property by the public. Access to Grantee shall be limited to two (2) times
per year, unless Grantor is in violation of this Easement.
6.02 Maintenance
Grantee shall have the right to require the Grantor to maintain the
Property in the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, and earth movement, or from any prudent
action taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Property resulting from
such causes.
6.03 Enforcement Rights of Grantee
9
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not 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 Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
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.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, if Grantee is the prevailing party as determined by a
court of competent jurisdiction.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
requested. Mailed notice to Grantor shall be addressed to Grantor's address
as recited herein, or to such other address as Grantor may designate by
notice in accordance with this Section 7.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ART/CLE 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
]0
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinquishment
This Easement gives rise to a property right and interest immediately
vested in the Grantee. For purposes of this Section 6.06, the fair market
value of such right and interest shall be equal to the difference, as of the
date hereof, between the fair market value of the Property subject to this
Easement and the fair market value of the Property if unencumbered hereby
(such difference, divided by the fair market value of the Property
unencumbered by this Easement, is hereinafter referred to as the
"Proportionate Share"). In the event a material and potentially
unforeseeable change in the conditions surrounding the Property makes
impossible its continued use for the purposes contemplated hereby, resulting
in an extinguishment of this Easement by a judicial proceeding, Grantor shall
pay to Grantee an amount equal to the Proportionate Share of the fair
market value of the Property at such time. In the event of a sale by Grantor
to an unrelated person subsequent to such extinguishment, or a transfer
made on account of the exercise of the power of eminent domain, the sale
price or condemnation award shall establish fair market value. Absent such
a sale, the Property's fair market value shall be established by independent
appraisal.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandinq
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
This Easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with common and statutory
law applicable to the modification of covenants and restrictions running with
theland. Any such amendment shall be consistent with the purpose of this
Easement and shall comply with the Conservation Law or any regulations
promulgated thereunder. Any such amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section :[70{h) (the
"Code"). The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of Code Section 170(h). Any such amendment shall apply retroactively in
the same manner as if such amendment or amendments had been set forth
herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or 57 of the Town Code of
the Town of Southold, as applicable, following a public hearing and,
thereafter, ratified by a mandatory referendum by the electors of the Town
of Southold. No subsequent amendment of the provisions of said Code shall
alter the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. Instead, that provision shall be reduced or limited to whatever
extent that court determines will make it enforceable and effective. Any
other provision of this Easement that is determined to be invalid or
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
draffced by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to 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 Property, 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 Property.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its IN WITNESS WHEREOF,
]2
Grantor has executed andelivered and Grantee has accepted and received
this Deed of Easement on the day and year set forth above.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED:
Ed~arar~ ~. ~-c;c~t~-, gr. (~rantbrT
Patricia S. Booth (Grantor)
TOWN OF SOUTHOLD(Grantee)
Martin' Fi. Si or --
Deputy Town Supervisor
13
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this/~fl"day of..Jd"~.in the year 2005 before me, the
undersigned, personally appeared Martin H. Sidor, 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(les), 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. State of New York
~,/ (~ No. 02HA4927029 /
Notary Public Qualified ,n Suffolk County
Commission Expires March 21, 20/./
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this/rCC4'dday of,_,SCc~,/~L_ in the year 2005 before me, the
undersigned, personally appeared Edward C. Booth, Sr., 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(les), 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 P u'~b I(c~)
KAREN J. HAGEN
NOTARY PUBLIC, State of New York
No. 02HA4927029
Qualified in Suffolk Count'/
Commission Expires March 21, 20
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this/~f day of~d'(~/'kO~ in the year 2005 before me, the
undersigned, personally appeared Patricia S. Booth, 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(les), 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 ~ ~
KAREi'! d. HAGEfq
NOTARY PUBLIC. S/a[5 of New York
No. 02HA4S27029
Qualified in Suffolk County ~
Commission Expires March 21, 20 ~
c:/Anne/Town of Southold Master Documents/Booth Development Rights Easement June 6 2005
]4
3UN, 14.2(<!.~ ~,2:29Pt~.
~0, 449 f'. 3
SCHEDULE A - DESCRZPTZON
AMENDED 06/14/05
ALL that certain plot;, piece or parcel of lend, with the improvements thereon erected, situate, lying and being
et Southeld, in the Town of $outchold, County of Suffolk end State of New York, bounded and described as
follows:
BEGINNING at; the corner formed by the Inter~ection of the Southerly side of Sound Vmw Avenue and the
Westerly a/de of HI.. Beulah Avenue;
RUNNING THENCE South 01 degrees 56 minutes 40 seconds East along said Westerly side of Mt. Beulah
Avenue, 1073.71 feet;
THENCE South 88 degrees 03 minutes 20 seconds West, 213.94 feet;
THENCE South I degree 56 minutes 4O Seconds East, 406.62 feet, to a concrete monument;
THENCE North 86 degrees 17 minutes 20 seconds West, 150,42 feet to a concrete monument; and
1HENCE South [9 degrees 08 minutes 00 seconds West, 170.00 feet to a concrete monument on the
Northerly side of North (C.R. 27) Road;
RUNNING THENCE North 70 degrees 52 minutes 00 seconds West along the Northerly side of North (C.R. 27)
Road, 300.82 feet to land now or formerly of R.]. & H. Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said land now OF formerly of R.,1. & H.
Donopria, 466,03 feet;
RUNNING THENCE along other land of the party of the first part the following three (3) Courses and distances:
~) North 75 degrees 35 minutes 30 seconds East, 261.36 feet;
2) North 14 degrees 24 minutes 30 seconds West, 500.00 feet; and
3) South 75 degrees 35 minutes 30 seconds West, 261.36 feet again to land now or formerly of R.J. & H.
Donopria;
RUNNING THENCE North 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or former),/Of H.V. 1'4iepus & M.G. Ellis, 300.00 feet to the Southerly side of Sound View
A. ve~ue;
RUNNING THENCE blorth 73 degrees 27 minutes 30 seconds Eas~ along the Southerly side of Sound View
Avenue, 885.2(; feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds BaSt stiff along said Southerly side of Sound View
Avenue, 134.52 feet to the comer at the point or place of BEGINNING.
2005 12:29 'vl. eL-
k0,449 f. 4
SCHEDULE A - DESCR.TP'r~ON
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, tn the Town of Southold,
County of 5uffoll< and State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Sound View Avenue and the
westerly side of Fit. Beulah Avenue;
RUNNING THENCE South Ol degree 56 minutes 40 seconds East along said westerly side of Ht. Beulah
Avenue, 1787.84 feet to the northerly side of North (C.R. 27) Read:
P, UNN[NG THENCE North 70 degrees $2 minutes 00 seconds West along the northerly side of North (C.R. 2?)
Road, 310.22 feet to a concrete monument and land now or formerly of Booth;
RUNNING THENCE olong said lend now or formerly of Booth the following three (3) courses and distonces:
No~h 19 degrees 08 minutes O0 seconds East, 210.o0 feet to a concrete monument;
2. NorLh 86 degrees 17 minutes 20 seconds West, i50.42 feet to a concrete monument; and
3. South 19 degrees 08 minutes O0 seconds West, ~70.00 feet to a concrete monument on the
northerly side of North (C. R.27) Rood;
RUNNING THENCE North 70 degrees 52 minutos 00 seconds We~t along the northerly side of North (C.R, 27)
Road, 300.82 feet tO land now or formerly of R. ,~. & H. D0noprla;
RUNNING TttENCE Nolth 14 degrees 24 minutes 30 seconds West along said last mentioned land and later
along land now or formerly of H. V. Hiepus & M. G. Ellis, 3.266,03 feet to the southerly side of Sound View
Avenue;
RUNNING THENCE Nod. h 73 degrees 27 minutes 30 seconds East along the southerly s~de of Sound View
Avenue~ 885.~6 feet;
RUNNING THENCE North 63 degrees 09 minutes 00 seconds still along said southerly side of Sound View
Avenue, 134.52 feet to the corner at the point or place of BEGINNING.
ALTA Owner's Pohcy