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HomeMy WebLinkAboutL 12686 P 579SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~lOe of Instrument: EASEMENT Number of Pages: 18 Receipt Number : 12-0025103 TRANSFER TAX NUMBER: 11-15327 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 027.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 03/02/2012 10:49:57 AM D00012686 579 Lot: 002.000 Received the Following Fees For Above Instrument Exempt Page/Filing $90.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-15327 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20 00 $15 00 $0 00 $30 00 $0 oo $165 00 Exempt NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County Number of pages. This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 31 FEES 2012 ~ar 02 I0:49:57 JUDITH fl, PflSCALE CLERK OF SUFFOLK COUNTY L D00012686 P 579 DT# 11-15327 I Recording / Filing Stamps Page/Filing Fee  5. O0 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. ~'~ Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other Sub Total Real Propert. Tax Service Agency Verification Sub Total Grand Total 1000 02700 0100 002000 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ANTHONY B. TOH1LL, P.C. P.O. Box 1330 ~ Riverhead, NY 11901 Mortgage 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 Mansion Tax The p[operty covered by this mortgage is or will be improved by a one or two family dwetling only. YES or NO .__ If NO, see appropriate tax clause on page//__ o[~tr~ny~ Community Preservation Fund Consideration Amount $ 0.0 0 CPF Tax Due $ 'N/A ,~nproved~ Vacant TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 171 Title Company Information . 310 Center Drive, Riverhead, NY 11901IC°'Name www.suffolkcou ntyny.g or/clerk I Title # Suffolk County Recording &' Endorsement Page This page forms part of the bttached Open Space. Conservation Easement by: (SPECIFYTYPE OF INSTRUMENT) The premises herein is situated in GUADAGNO SUFFOLK COUNTY, NEW YORK. 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. made (over) Open Space Conservation Easement Guadagno Subdivision Open Space THIS OPEN SPACE CONSERVATION EASEMENT is made on the ] ~ of t 6l'&t 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 i 179, Southotd, NY t 1971 (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 from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of"Patrick Guadagno" prepared by John C. Ehlers Land Surveyor, last dated 12/7/2011 ., which map is to be filed in the Suffolk County Clerk's office; is shown in Exhibit &'and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for the acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents t(3 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 240-42H 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 Whereas, 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 "_Qp__~ Space Conservation Easement Area" and hereinafter referred to as the "Easement Area;" and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open Space Conservation Easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule 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 the Suffolk County Clerk's office, 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.03 Boundary Markers. The Easement Area boundary shall be marked by concrete monuments placed at each 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 t.01 .Type This instrument conveys an Open Space Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grams, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereofi 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 Removal of Materials; Minine, Except as provided tbr 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 dr 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 Signs 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, (b) to temporarily advertise the property for sale or rent, (c) to post the Easement Area to control unauthorized entry or use, or (d) to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. The Southold Town Planning Board reserves the right to determine 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, inciuding but not limited to recreational vehicles, dirt bikes, and all-terrain 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 re- vegetation plan. 3.09 Commercial Livestock The use of the Easement Area tbr 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, tennis 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 from the driveway to Lot 2, or from uses permitted in Section 4.03. Drainage methods located in the Easement Area shall be natural, e.g. drainage swales. 3.13 Development Rie_,hts 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 fights (and any further development rights that may be created through a rezoning of the Easement Area) on the Easement Area and the parties agree that such rights, except those required to carry out the permitted uses of and activities on the Easement Area, are terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary tights 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 tight 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, noncommercial, nonexclusive, and non-motorized public recreational activities that do not rely on buildings or spectator facilities and have minimal impact on renewable natural resources. Such uses include hiking, nature observation, picnicking, cross-country skiing, snowshoeing, horseback tiding, bird watching, hunting and enjoyment of open space. ARficulture, Gardens & Pasture Grantor shall have the tight to clear vegetation, mow, maintain and cultivate the Easement Area for the purpose of agriculture, including pasture for livestock, or for the purpose of installing and maintaining gardens Co 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. 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 permitted structure shall not be used as a dwelling. 4. To obtain Planning Board written approval, plans for the structure, related stormwater pollution prevention controls, and access to the bam 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 Planning Board. Fences must not block the scenic views important to the community. 6. Structures may be denied by the Planning 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 road 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 permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. G. Motorized vehicles Motorized vehicles 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 right 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, scope, 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 and/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 alt 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 terrns 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 OB LIGATIONS 5.01 Taxes and Assessments Grantor shale 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 fail ure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry_ and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall not have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the fight to require Grantor to restore the Easement Area to the condition existing prior to the claimed violation and to enforce this fight by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at taw for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other fights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, 9 default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a courtof competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal 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 conceming its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planning Board with a majority plus one vote in favor, such amendment or discretionary consent furthers or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have no right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrmnent or the status of Grantee under applicable laws including New York State General Municipal Law § 247. 10 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it. is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed gi yen and received as of th e date of i ts manual delivery or the date o f i ts m ailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambibmous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpre, tation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by ali parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 11 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordine Grantor shall record this Easement in the land records of the office of the Clerk of'the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire...Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes att 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: 4~atri ~1~ Guadagno ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTI-I/~(Grantee) (Supervisor) 12 STATE OF NEW YORK ) COUNTY OF NEW YORK ) SS: On this lB day o 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 Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS' NICHOLAS L J WILLIAMS NOTARY P[IBL[C, STA~ OF NE'IN.y0t~ ' r QUALIFIED IN NEW YORK C .O~J, N'i~ REG. #01WI6227866 ': ~ MY COMM, EXP. 09/07/201~'~;~,'~ On this 13day4~ of~ in th~ year ~H-i-before me, the undersigned, personally appeared _5'('...o-4"-(- _,4. ~ o~ ~c' e_..// , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(~ whose name(~ is (m,~) subscribed to the within instrument and acknowledged to me that h~ executed the same in his/h__~..~he!r capacity(i~-), and that by his~ signature00 on the instrument, the individual(~, or the person upon behalf of which the individual(~) acted, executed the instrument. LYNDA M. ~1~ NOTARY PUBLIC, State of New York No. 01BO6020932 Qualified in Suffolk County_ Term Expires March 8, 201,,~ SCHEDULE A: EXHIBIT A: EXHIBIT B: EXHIBIT C: Metes and Bounds Description of Easement Area(s) Final Subdivision Map of Patrick Guadggno Easement Area(s) Map 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 docs not preclude the grantor from obtaining future mortgages on the property) 13 SCHEDULE A DESCRIPTION OF EASEMENT AREA 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 1022.58 feet west from the intersection of the north side of Omhard Street and the west side of Ptatt 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 A ', i ~iii,,i ,: I , II~1 EXHIBIT 20' ~IIDI:: VE~FTA AND MAINTA1NE. D, C, OVENANT5 AND '1 ~ GI~TII'Y THAT 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 tn 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 from the Federal Deposit of Insurance Corporation, as receiver for Washington Mutual Bank formerly Washington Mutual Bank, FA a federal association. By: Nicole Scurfietd Its: Vice President STATE OF Louisiana ) ) SS: COUNTY OF Ouachita ) On the ~h day of December, in the year 2011 before me the undersigned, personally appeared, Nicole Scurlield, personally known to me or proved to me on the basic of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Monroe, Louisiana. I ofl