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Home My WebLink About1000-27.-1-2HP Lasorfet P2015 Series PCL 6 RECEIPT Suffolk County Clerk JUDITH A. PASCALE County Clerk Receipt N,3mher : Payor Name : 12-0025103 ANTHONY TOHILL DESCRIPTION TRANS AMOUNT Type of Instrument: EASEMENT Page/Filing $90.00 Handling $20.00 COE $5.00 NYS SRCHG $15.00 TP-584 $5.00 Notation $0.00 Cert. Copies $0.00 RPT $30.00 Transfer tax $0.00 Com~.Pres $0.00 Fees Paid Conveyance Amt: Transfer Tax N~m~er LIBER PAGE $165.00 $0.00 11-15327 D00012686 579 DATE: 03/02/2012 TIME: 10:49:57 AM RECEIPT TOTAL $165.00 CHECK AMT PAID $165.00 TOTAL AMOUNT PAID $165.00 CHECKREFUND $0.00 CO~4ENTS MAR - 2012 Number of pages This document' will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 31 Page / Filing Fee Handling 5. 00 TP-584 Notation EA~52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge Other 15. 00 Deed / Mortgage Tax Stamp FEES Sub Total Sub Total Grand Total I Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion 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 appropriate tax dause on e # __ of this instrument. 4 Section 027.00 01.00 Lot 002.000 Real Property Tax Service Agency Verification Consideration Amount $ 0.0 0 CPF Tax Due $ N/~ Improved atisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ANTHONY B. TOHILL, P.C. P.O. Box 1330 Riverhead, NY 11901 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.suffolkcou ntyny.gov/clerk Vacant Land TD TD TD. 7 [ Title Company Information 11901 Co. Name ~ Title # Suffolk County Recording & Endorsement Page This page forms part of the attached by: GUADAGNO Open Space Conservation Easement (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In the TOWN of SOUTHOLD In the VILLAGE TOWN OF SOUTHOLD or HAMLET of ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) Open Space Conservation, Easement Guadagno Subdivision Open Space THIS OPEN SPACE CONSERVATION EASEMENT is made on the / ~ of ~c:,~_. ,,,~61~' at Southold, New York. The parties are PATRICK GUADAGNO residing at 405 East 54th Street, Apt. 3K, New York, NY 10022 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation,'having a principal office at 53095 Main Road, PO Box 1179, Southold, NY 11971 (herein called "Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM# 1000-27-1-2, and has made application to and has received approval fi.om the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of"Patrick Guadagno" prepared byJohnC. Ehiers Land Surveyor, lastdated 12/7/2011 , which map is to be filed in the Suffolk County Clerk's office; is shown in Exhibit A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in r~al property, including conservation easements, which may, be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents t6 Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or. desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, §278 of New York State Town Law authorizes cluster development of subdivisions for the purpose of preserving the natural and scenic qualities of open lands; and Whereas, Section 24042H of the Subdivision Code of the Town of Southold requires that Standard Subdivisions of properties seven acres or more in size be developed as clustered subdivisions and preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, Section 240 of the Subdivision Code of the Town of Southold permits the use of required open space for the purpose of agricultural production;, and Wherea§, as a condition of approval of the standard subdivision plat entitled "Standard Subdivision of Guadagno" (shown in Exhibit A) and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over the subject property described in Schedule A (6.00 acres), attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the "Open Space Conservation Easement Area" and hereinafter referred to as the "Easement Area;" and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open Space Conservation Easement in gross, wkich shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule A, and illustrated in Exhibit B annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in SCHEDULE A, and possesses the right to grant this easement. Grantor also represents that as of the date of this grant, there are no liens or mortgages outstanding against the Easement Area, except any listed as Exhibit C that are subordinated to Grantee's rights under this Easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure, or any other action taken concerning any subsequent lien or other interest in the Easement Area. Subordination agreements recognizing the terms of this easement and subordinating any mortgages or liens to the easement must be recorded in th'e Suffolk County Clerk's office 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.03 Boundary Markers. The Easement Area boundary shall be marked by concrete monuments placed at each comer. Property boundaries running in a straight line greater than 800' shall have concrete monuments placed every 500'. 2 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances Contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys an Open Space Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, fights, tenus, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and nm with the Easement Area in perpetuity. 1.03 Effect This Easement shall mn with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assi~ and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically penuitted by the provisions hereof. 3.01 Structures and Improvements No buildings or other structures or improvements may be erected or constructed on the Easement Area except as provided for in Section 4.03. 3.02 Excavation, Grading and R~moval of Materials; Mining Except as provided for in Section 4.03, the excavating, grading or filling of the Easement Area is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste in the Easement Area is prohibited. Commercial production of compost is prohibited. 3.05 Simms The display of signs, billboards, or advertisements is prohibited, except for small signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a) to state the name and/or address of the Easement Area and the names and addresses of the occupants, Co) to temporarily advertise the property for sate or rent, (c) to post the Easement Area to COntrol unauthorized entry or use, or (d) to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. The Southold Town Planning Board reserves the fight to dei~mdne whether a particular sign meets the restrictions 'and purposes of this easement. 3.06 Motorized vehicles The use of all motorized vehicles within the Easement Area is prohibited, including but not limited to recreational vehicles, dirt bikes, and all-terraln vehicles (ATV's) except as provided for in Section 4.03. 3.07 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 4 3.08 Vegetation Except at provided for in Section 4.03, the cutting, removal or disturbance of vegetation, including trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board, which may be granted with limitations and only to control or prevent the spread of disease or invasive plant or animal species. The Easement Area may be supplemented with native vegetation plantings with prior written consent of the Southold Town Planning Board where invasive or diseased plants had to be removed, and according to a ~e- vegetation plan. 3.09 Commercial Livestock The use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. Also prohibited are those commercial livestock operations involving species specifically listed in Southold Town Code requirements as not allowed in subdivision open space. 3.10 Utilities The creation or placement of overhead utility transmission lines, utility poles, underground wires, pipes, or wells on the Easement Area is prohibited, except as provided for in Section 4.03. 3.11 Other Uses The use of the Easement Area for any commercial purpose other than agriculture, or any industrial purpose is prohibited. The use of the Easement Area as a leaching or sewage disposal field is prohibited. Retail sales of any kind, including agricultural products, are prohibited. Other uses not permitted include shooting ranges, paintball, termis courts, swimming pools, wireless facilities (cell towers), and all uses that are not consistent with the purposes of this easement. 3.12 Drainage The use of the Easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion fi.om the driveway to Lot 2, or fi'om uses permitted in Section 4.03. Drainage methods located in the Easement Area shall be natural, e.g. drainage swales. 3.13 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Easement Area) on the Easement Area and the parties agree that such rights, except those required to cany out the permitted uses of and activities on the Easement Area, are texnfinated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area. 4.03 Permitted Uses Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local, New York State, or federal law. Permitted Uses are described in more detail below. Passive Outdoor Recreation "Passive outdoor recreation" is defined as dispersed, noncominercial, nonexclusive, and non-motorized public recreational activities that do not rely on buildings or spectator facilities and have min/mal impact on renewable natural resources. Such uses include hiking, nature observation, picnicking, cross-country skiing, snowshoeing, horseback riding, bird watching, hunting and enjoyment of open space. Agriculture, Gardens & Pasture Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purpose of agliculture, including pasture for livestock, or for the purpose of installing and maintaining gardens Livestock The keeping of livestock is allowed, except for those species specifically prohibited by Southold Town Code regarding allowable uses on subdivision open space. Soil must be protected from erosion due to over-grazing and trampling. Structures A structure is permitted in this open space conservation area in consideration of the reduced density (from four lots to two) provided in the subdivision that created this required open space area. 1. One building is permitted, subject to prior written approval by the Southold Town Planning Board, limited in size to 1,000 s.f., and located in the area designated as "Location of Future Agricultural Barn" within the Easement Area. 6 2. Pursuant to Southold Town Code Section 240-44 D. Restrictions on use of open space", the structure must be found necessary to support an active viable agricultural operation, and must be used for that purpose only. The Planning Board may require the Grantor to remove the building if it is found to be used for purposes other than agriculture in the Easement Area. 3. The p~mdtted structure shall not be used as a dwelling. 4. To obtain Planning Board written approval, plans for the smacture, related stormwater pollution prevention controls, and access to the barn must be provided for their review, see Section 4.04 Notice for more details. 5. Fencing to protect crops or contain livestock may be constructed with no prior approval from the Planrdng Board. Fences must not block the scenic views important to the community. 6. Structures may be denied by the Plann/ng Board if they are found to not be related to agriculture as defined by the New York State Department of Agriculture and Markets. Farm Road A farm mad to access crops and permitted agricultural structures may be constructed, only if using permeable surface materials such as dirt or gravel and only by prior permission of the Planning Board. Any such farm road may not be used for residential purposes to access the residential lots. Environmental Sensitivity During Construction The use and location of any improvement pemdtted to be constructed hereunder shall be cousistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. G. Motorized valficles Motorized vekicles are permitted only as necessary to maintain an agricultural operation. .4.04 Notice Grantor shall notify Grantee, in writing, ninety (90) days before exercising any reserved fight with respect to the Easement Area. Grantor shall provide Grantee with complete documentation including information on the need for the proposed activity. The request for approval shall describe the nature, scopej location, timetable and any other material aspect of the proposed activity in sufficient detail to permit the Planning Board to evaluate the proposal. This notice is in addition to any other governmental applications md/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.05 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Easement Area but only subject to this Easement. Grantor shall promptly notify the Southold Town Planning Board of any conveyance of any interest in the Easement Area, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and Other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any fights or interests acquired herein by Grantee. 5.02 Indemrfification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnifY and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising fi'om any activity on the Easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall not have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Area to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights 0fGrantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any t~m, 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 therenfby Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violafiofi which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, 9 default or violation of any term, condition, covenant or obligation under th/s Easement. If Grantor acknowledges or a coutt of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, ail reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legai Expenses'~ in connection with any proceedings under this Section 6.03. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained ia this Conservation Easement, and that some activitles may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public heating by the Southold Town Planning Board; and upon recommendation of the Southold Town Planning Board with a majority plus one vote in favor, such amendment or discretionary consent furthers or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to consent to any action or agree to any amendment that allows development other than structures already ailowed in this document, or that would result in the substantiai aiteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the tenu or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Mun/cipai Law § 247. 10 7.03 Severabilitv If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with remm receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Ooverniu~ Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall'be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision 9f 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 role 0f strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of th/s Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any tight to enter upon the Easement Area. - 11 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.1 l Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this easement has been duly authorized by its members and Grantee warrants that acceptance of this conservation easement has been duly authorized by resolution of the Town Board. iN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ~,t~atri~l[: Guadagho// ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU~/~l~D(Grantee) (Supervisor) 12 STATE OF NEW YORK ) COUNTY OFNEWYORK ) SS: On this 1:5 day of-gepteml~b'~h'rlhe year 2011 before me, the undersigned, personally appeared PATRICK GUADAGNO, 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 instmment 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 NICHOLAS L J WILMAMS NOTARY PUBLIC, STATE OF NEW ¥0RK . QUALIFIED IN NEW YORK COUNTY REG. #01VV16~78~ '~ : MY COMM. EXP 09/07/2014 ' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this I day of~mfl~er in the year-2-0-H-before me, the undersigned, personally appeared ~"c,~e:>-~r-- ~. .~_ta ~x~e~ (./ , 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/.r,l~tt~ executed the same in his/Jab-till; capacity(i~), and that by h/s/J,a~tt~ signatureO0 on the instrument, the individualO0, or the person upon behalf of which the individual(~) acted, executed the instrument. Notary l>ublic LYNDA M. ~li~~ NOTARY PUBLIC, State of New York No. 01 BO6020932 Qualified in Suffolk County_ Term Expires March 8, 20 L.,',',',',',',','~_ SCHEDULE A: Metes and Bounds Description of Easement Area(s) EXHIBIT A: Final Subdivision Map of Patr:l_ek Guadagno EXHIBIT B: Easement Area(s) Map EXHIBIT C: Current mortgages or liens on the property (Grantor must obtain consent from lenders so that a lender cannot extinguish an easement in the event of foreclosure. This does not preclude the grantor fi.om obtaining future mortgages on the prope~) 13 SCHEDULE A DESCRIPTION OF EASEMENT AREA ALL that plot, piece or parcel of land situate, lying and being at thc Hamlet of Orient in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point North (54 degrees 55 minutes 00 seconds West 1022.58 feet west from the intersection of the north side of Orchard Street and the west side of Platt Road; and RUNNING THENCE from said point or place of beginning North 64 degrees 55 minutes 00 seconds West 325.67 feet along the north side of Orchard Street to a point; and RUNNING THENCE North 26 degrees 45 minutes 20 seconds East 293.61 feet to a point; RUNNING THENCE North 59 degrees 9 minutes 25 seconds West 175.35 feet to a point and land of Orient Central Cemetery; RUNNING THENCE North 41 degrees 04 minutes 00 seconds East 411.99 feet along the easterly boundary of Orient Central Cemetery to a point; RUNNING THENCE South 55 degrees 8 minutes 50 seconds East 383.73 feet to a point; RUNNING THENCE South 25 degrees 05 minutes 00 seconds West 642.00 feet to the point or place of beginning. EXHIBIT B \\ EXHIBIT C CONSENT OF MORTGAGEE DECLARANT: PATRICK GUADAGNO NAME OF MORTGAGEE: JPMorgan Chase Bank, National Association successor in interest by purchase from the Federal Deposit of Insurance Corporation, as receiver for Washington Mutual Bank formerly Washington Mutual Bank, FA a federal association. LIBER NO. 20985 PAGE NO. 243 In the matter of the application of PATRICK GUADAGNO the undersigned, as holder of a mortgage or lien on premises described in Schedule A annexed hereto, hereby consents to the annexed Open Space Conservation Easement on said premises. JPMorgan Chase Bank, National Association successor in interest by purchase fi'om the Federal Deposit of Insurance Corporation, as receiver for Washington Mutual Bank formerly Washington Mutual Bank, FA a federal association. By: Nicole Scurfield Its: Vice President STATE OF Louisiana ) ) SS: COUNTY OF Ouachita ) On tbe~ day of December, in the year 2011 before me the undersigned, personally appeared, Nicole Scurfield, personally known to me or proved to me on the basic of satisfactory evidence to be the individual whose name is subscn'bed to the within inslmment 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 inm'ument, and that such individual made such appearance before the undersigned in the City of Monroe, Louisiana. 1 ofl C:kDocuments and Settings\WS-1 Wly DocumentskRealestate\GUADAGNO-Open Space Easement 12-2011.doc 15 TELEPHONE: ANT~O~ B. To~L, P.G. ATTOtLN~YS AT LAW I :> FIRST STREET P.O. BOX 1330 I~VE~EX:D, NEw YORK 11901-0903 February 24, 2012 Alyxandra K. Sabatino Southold Town Planning Department P.O. Box 1179 Southold, NY 11971 Re: Guadagno Dear Aly: For your file here is a copy of the Declaration on January 20, 2012 at Liber 12682 page 837 at the County Clerk's office. Very truly yours, Anthony B. Tohill ABT/lm Enc. filed SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~er of Pages: 7 Receipt N-~er : 12-0007320 District: 1000 Recorded: At: 01/20/2012 02:~6:15 ~ Page/Filing COE TP-584 Cert. Copies Received the Following Fees For Above Instrumen= Exempt Exempt $35.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $0.00 NO RPT $30.00 NO Fees Paid $105.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A, PASC~?.~ County Clerk, Suffolk County LIBER: D00012682 PAGE: 837 Section: Block: Lot: 027.00 01.00 002.000 EX~MINED AND CHARGED AS FOLLOWS · Number of pages 7 This document will be public record. Please remove all Social Security Numbers prior to recording, Deed / Mortgage Instrume0t Page / Filing Fee C~ ~'' Handling ~-~ ~) 00 TP-584 Notation FA-52 17 (County) EA-5217 (State) R.P!T~.A. [~ ' (~-"~ Comm. of Ed. 5. O0 Affidavit Certified Copy NYS Surcharge 15. O0 Other Real Pn ~ Tax Ser Agen Veriflo RECORDED 2012 Jan 20'02:46:!5'PM JUDITH A. P~SCALE CLERK OF · SUFFOLK COUNT? L D00012682 P 837 Deed / Mortgage Tax Stamp FEES SubTotal ~'~-~ ' SubTotal ~ Grand Total /d ~7 ' 1000 02700 0100 002000 )2.000 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion 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. appropriate tax clause on page # __ ofthls Instrument. 5 Community Preservation Fund Consideration Amount $ ~'o - CPF Tax Due ' '~ - 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ANTHONY B. TOHILL, P.C. P.O. Box 1330 Riverhead, NY 11901 Mail to: Judith A. Pascale, Suffolk Count~ Clerk I 7 I 310 Center Drive, .Rlverhead, NY 11901I Co. Name www.suffolkcountyny.gov/der k I Title # Improved Vacant Land TD TD Title COml~any Information Suffolk County Recording & Endorsement Page This page forms part of the attached ' by: GUADAGNO Declaration ........... made (SPECIFY TYPE OF INSTRUMENT) The premises herein s s tuated in SUFFOLK COUNTY, NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE or HAMLETof ORIENT BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY'PRIOR TO RECORDING OR FLUNG. {over) DECLARATION THIS DECLARATION made the . day of ~/~ , 2011, by PATRICK GUADAGNO, residing at 405 East 54th Street, New York, New York 10022, hereinafter referred to as the Declarant. WI TNE S SETH : WHEREAS, the Declarant is the owner of certain real property situate in the Hamlet of Orient, Town of Southold, County of Suffolk, State of New York, more particularly bounded and described as set forth on Schedule A annexed hereto; and WHEREAS, the Declarant has made application to the Planning Board of the Town of Southold for approval to subdivide said real property; 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 for the best interests of the Town of Southold and the owners and prospective owners of the two (2) residential lots within said real property that the within covenants and restrictions be imposed on said two (2) residential lots, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that the same will be in the best interests of the Declarant and subsequent owners of said two (2) residential lots, NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purposes of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the said real property herein described shall hereafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers and holders of each of said two (2) residential lots, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Access to Lot 2 on the subject subdivision map shall be from a private driveway within the 15' wide flag strip shown on said map. The principal structure for each lot must be located within the principal building envelope shown on the approved map. No residential structures may be located within the Open Space Easement area shown on the approved map. Residents of the lots on the approved subdivision map are advised that the lots are subject to the noise, dust and odors normally associated with agriculture activities pursuant to Article XXII, Farmland Bill of Rights, of the Southold Town Code. E. There shall be no further subdivision of 2 Lo any lots on the approved subdivision map in perpetuity. There shall be no changes to any of the lot lines without Planning Board approval. The use of native, drought-tolerant plants in landscaping is required. The residential application and use of synthetic fertilizers and pesticides capable of entering the potable water supply is prohibited. Only the use of organic fertilizers where the water-soluble nitrogen is no more than 20% of the total nitrogen in the mixture is required. A maximum of 1 lb. of nitrogen per 1,000 square feet in any one application, with a cumulative application of no more than 2 lbs. per 1,000 square feet per year is required. Fertilizer products shall be applied only during the growing season (typically mid- March through mid-October). The use of underground storage tanks except those with spill, overfill, and corrosion protection requirements in place is prohibited. Prior to construction activity on any of the lots within the subdivision, the project will require a General Permit for storm water run-off from construction activity administered by the New York State Department of Environmental Conservation Under Phase II State Pollutant Discharge Elimination System. A 20' wide landscaped buffer shall be established on Lot 1 on the north and east property lines along the entire length of the property lines. The landscape buffer shall be planted with indigenous, drought- tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted vegetation shall be 90% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds and replanting of vegetation. Oo Ail utilities serving each lot shall be located underground. Po A 15' wide by 370' long vegetated buffer is to be established and maintained directly north and adjacent to the northern boundary of the Open Space Conservation Easement belonging to Lot ~2 (buffer would be approximately 5,550 s.f. and located entirely outside of the easement area as indicated on the subdivision map). Sixty percent of this buffer is to be maintained with clusters of native trees and shrubs no less than 4' in height. The balance (40%) can be planted with clusters of native grasses, wildflowers and other native species (less than 4' in height) to allow the property owner views of and access to the protected field. No less than 15 native trees (7 deciduous, 8 evergreen) will be planted and none of the areas between the clusters of taller vegetation will exceed 75' in length. The subject buffer is to be planted, as specified, prior to the issuance of a Certificate of Occupancy for the residence located on Lot #2. The within Declaration may not be annulled, waived, changed or modified, unless and until approved by resolution of the Planning Board of the Town of Southold, by a vote of a 4 majority plus one of said Planning Board after a public hearing. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. STATE OF NEW YORK ) ) ss.: COUNTY OF NEW YORK ) On the /3. day of /~-~/ , in the year 2011 before me the undersigned, personally appeared PATRICK GUADAGNO personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Publi ~c~ NICHOLAS L J WILLD%MS NOTARY PUBUC. STATE OF NEW YORK QUALIFIED IN NEW YORK COUNTY REG. #01WI622'~6 MY COMM. EXP ~7/2~)14 4 SCHEDULE A DESCRIPTION OF PROPERTY ALL that plot, piece or parcel of land situate, lying and being at the Hamlet of Orient in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point North 64 degrees 55 minutes 00 seconds West 1007.58 feet west from the intersection of the north side of Orchard Street and the west side of Platt Road; and RUNNING THENCE from said point or place of beginning North 64 degrees 55 minutes 00 seconds West 595.67 feet along the north side of Orchard Street to a point marked by a concrete monument; and RUNNING THENCE North 41 degrees 04 minutes 00 seconds East 1068.09 feet along the easterly boundary of Orient Central Cemetery to a point marked by a concrete monument and land now or formerly of Morton; RUNNING THENCE along the southerly boundary of lands now or formerly of Morton South 36 degrees 4 minutes 40 seconds East 344.31 feet to a point and lands now or formerly of Meyer; RUNNING THENCE along the westerly boundary of lands now or formerly of Meyer, South 25 degrees 05 minutes 00 seconds West 860.69 feet to the point or place of beginning. SCTM: District 1000 Section 027.00 Block 01.00 Lot 002.000