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HomeMy WebLinkAboutL 12735 P 364 i iiiiiii iiii iiiii iiiii aii~i ~iiii iiiii ~i~ii ~ii~i ~i~i ii~~ . SUFFOI~R COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/d3/2013 Number of Pages: 23 At: 05:10:37 PM Receipt Number 13-0081].76 TRANSFER TAX NiJN~ER: 12-27422 LIBER: D00012735 PAGE: 364 District: Section: Block: Lot: zooo as5.oo os.oo 009.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $903,305.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Capies $28.75 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $248.75 TRANSFER TAX NU1~ER: 12-27022 THIS PAGE IS A PART OF THE INSTRUMENT THIS I3 NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 l~E~~L~F'DEB 1 i J~~ 1 B~ U5;10: ~7 F`r~1 Number of pages J~GITH p. PBS~:ALE ~LERi: 01= SUFFt~L ~OI~IdT~ This document will be public ~ ~aQt~i~~~~ w record, Please remove all DT# i?-2~'0~2 Social Security Numbers prior to recording, Deed 1 Mortgage Instrument Deed 1 Mortgage Tax stamp Retarding 1 Filing Stamps ~ FEEs ~ Mortgage Amt. ~..T Page 1 Filing Fee 1. Basic Tax Handling ~Q• ~Q 2. Additional Tax P_5~ Sub Total Spec.lAssit. Notation f ar EA-5217 {County} Sub Total J Spec. fAdd. EA-5211 (State} TOT. MTG. TAX Dual Town Dual County R.P.T.s.A. ~ Held for Appointment Comm. of Ed. 5~ QQ ~ Transfer Tax ~ M n i n Tax a so _ Affidavit ~ ~ ~ The property covered by this mortgage is Certified Cv pY ar will be Nmpraved by a one ar two NY5 surcharge 15, QQ / ~ family dwelling only. Sub Total 1 YES ar NO Other _ Cf Grand Total ! If N0, see appropriate tax clause an page # afthis instrument. 4 Dist. 2516~1~ 1000 05500 0100~~ 9000 ,OUa 5 Community Preservation Fund Real Pro er p ~ Consideration Amount $ ~ 4v . p Tax Service R LPA A Agency 28,1UN-t3 CPF ax Due $ ~ ~~lrf P~ Verificatiat - ~ Improved ~ satisfactionslDischargeslReleases List Property Owners Mailing Address RECgRD & RETURN TQ: Vacant Land TD D Town of Southold Land Preservation Department P.fl. Box 1 ] 79 TD Southold, NY 11971 Tp Mail to; Judith A. Pascale, Suffolk County Clerk 7 Title Company In#`armation 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.govfclerk Title # $ uffalk Coon Recard~n ~ Endarse~nent Pa e This page farms part of the attached Grant of Develapment_ Rights Easement _ _ made by; SPECIFY TYPE OF INSTRUMENT) _Pecanic Land Trust l~rporated The premises herein is situated in SUFFOLK COUNTY, NEIN YORK. TO In the TOWN of Sa~thold Town of Southold In the VILLAGE or HAMLi" I" of Southold BOXES b THRU $ MUST BE TYPED OR PRINTED IN BLACK INIt ONLY PRIOR TO RECORDING OR FILING. over a 5 1 4 + tF GRANT ~F DE1IEL~PMENT RIGHTS EASEMENT THIS GRANT of DEVELOPMENT RIGHTS EASEMENT, is made on the ~ da of Ma ~g1 at Southold Nevu York. The artier are PEoNI Y y? ~ LAND TRUST, INGORPoRATED, ~9~ Hampton Road, P~o. Box 177, outhar~pton, New York 11~~8 {herein called "Grantor"}, and the TGV~N of oUTHOLD, a municipal corporation, having its principal office at X095 Main Road, Box 119, Southold, New York 1171 {herein, called ''Grantee"}. INTRGDUTION 1~~R~A, grantor is the v~ner in fee simple of certain real property located in the Torn of Southold, Suffolk bounty, Nevu York, identified a part of STM ~~000~55~1-~ more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to a the "Property" and shogun on the survey prepared by Nathan Taft or~Nin III Land purveyor, dated April 4, 1 ~ {a reduced copy of ~rh ich i attached hereto and made a part hereof and hereinafter referred to as the "Survey'?~ f and w~f~R~A, the Property is located in the A- Zoning District of the Tovun of Southold; and wFf~'R~~k, the Property contains soils classified as la I and las II vuorthy of conservation as identified by the ~lnited Mates Departr~ent of Agriculture Soil Conservation ervie's foil Survey of Suffolk bounty, Neer York; and WH~~EA, the Property is part of the Neu York State Agricultural District #1, and the Grantor vuishe to continue using the Property for agricultural production as defined in this Easement; and w1~~~4EA, the Property is currently used for field crops; and w1~~REA, it is the policy of the Torn ~vf out#~old {the "l~ovun"}, as articulated in the Touvn's Master Plan of 1g7, amended in 1 and ig89 as adopted by the Torn Board, Tory of Southold and ~7~-a o~ the New Yorl~ ~a~e Torn Lava {"Tov~n Lair"} to protect environmentally sensitive areas, preserve prime agricultural soil, to protect the scenic, open space character of the Torun and to protect the Ton' resort and agricultural ~econor~y; and f 1 1 ' 7 . WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant va#ue as an aesthetic and agricultural resource since it has rat been subject to any substantial development; and WHEREAS, ranter and grantee recagni~e the value and special character of the region i n which the Property i located, and bra ntar a nd grantee have, in corr~rr~on, 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 kNHE~EAS, grantee I~as determined it to be desirable and beneficial and has requested grantor, for itself and its successors and assigns, to grant a Development Fights Easement to grantee in order to restrict the further development of the Property while permitting compatible uses thereof; ~Vf~V THERE~~RE, in consideration of NINE HUIVDf~E1~ THREE TH~UAND THREE HUNDRED FIVE ANf as/1~~ D~Lf~R ~g~,~~.~~} and other good and valuable cons~deratlon pall to the grantor, the receipt of which is hereby acl~nowledged, the grantor does hereby grant, transfer, bargain, sell and convey to the grantee a 17evelopr~nent fights Easement, in gross, vtirhich shall be binding upon and shall restrict the premises shown and designated as the f~roperty herein, more particularly bounded and described on schedule "A?? annexed hereto and made a part of this instrurr~ent~ ~ HAVE A1UD T~ HL~ 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 fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the lir~lltatlor~s, COndltlon, covenants, agreements, provEslon and ruse restrictions hereinafter set forth, ~nrhich shall constitute and shall be servitudes upon ar~d with respect to the f~roperty. The grantor, far itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: I 0.0]. Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Sci~edule A, free of any mortgages or liens, except as set forth in Fidelity National Title Insurance Services, LLC Title Report #F13-7404-90365SUFF, 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 tie laws of the State of New York State and is authorized under §fi4 of Town Law and ~§247 of the New York State General Municipal Law ("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 agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument 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, natural, scenic and agricultural values by preventing the use or development of the Property for any purpose or i~ any manner contrary to the provisions hereof, in furtherance of federal, New York Sate and local conservation pofic~es. 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 the enactment of General Municipal Law §247. Similar recognition by tMe federal government includes §170{h) of the Internal Revenue Code (`~IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting 3 ~ ' 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 ~ of the date hereof, to assist rantar and ra~tee with monitoring the uses aid activities on the Property and ensuring compliance with the terrr~s hereof, grantee has prepared, with grantor's cooperation, an inventory of the Property's relevant features and conditions the "'baseline Documentation"}..This Baseline Documentation includes, but need not be limited tv, a survey prepared by Nathan Taft Corwin III Land purveyor, dated April 4, X01, and ~ Phase 1 Environmental Site Assessment dated April ~4, X01 by cashin Technical Services, Inc, grantor and grantee acknouvledge and agree that in the event ~ 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, O.O Recitation In consideration of the previously recited facts, mutual prorr~ises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be found by it. ARTICLE ~N E THE EASEMENT 1.01 ~yp~ , This instrument conveys a Developr~r~t Rights Easerr~ent therein called the '"Easement"~ ~ This Easement shall consist of the lir~nitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this'"Easement" or its "'provisions" shat! include any and all of those I~m~tat~ons, covenants, use restrictions, rights, terms and conditions. ~ 1,0~ Definitions ""Develo rent Ri hts"shall r~ean the ermanent le al interest and p 9 p 9 right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including ag ricu Itu ra I production as that terra is presently referenced in ~4~ of the general Municipal Law and~or defined in chapter ~0 of the Town bode of the Town of Southold the 4 ' r 1 ~ "Town bode" or "bode"} now, or as said chapter may be amended, and including the production of crops, livestock and livestock products as defined in 01~~}~}-~~} of the New York state Agriculture and Markets Law ~"Agriculture ar~d Markets Law"~, now, or as said oi~~}~a~-{j} ray be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, No future restrictions in said laws and~or bode or limitation in the definitions set forth in said laws and/or bode shall preclude ~ use that is permitted under the current law and/or bode. "Improvement" shall mean ar~y addition to raw land, such as structures, fences, wells or drainage. ''Riding Academy" sha!! rrrean a business use of a Iot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events, "structure"shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. structures shall not include trellis, pests and wiring, farm irrigation systems, nursery vats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. ~.o duration This Easement shall b a burden upon and run with the Property ire perpetuity. 1.04 Effect This Easement sh a l! run with the Property as n i ncorporea I i nterest i n the Property, and shall extend to and be binding upon.Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors a nd assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein, The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and~or Grantee" when used herein shall include all of these persons or entities. { 1 M 1 ARTICLE TID ~ SALE RANTER, for NINE HUNDRED THREE TH~UAND THREE HUNDRED FIVE AND g0~1gg DaLLAR ~~a,30.aa} ar~d such other good and valuable consideration, hereby grants, releases, and conveys to grantee this Easement, in perpetuity, together pith all rights to enforce it. grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PR~HIB~TED ACTS Fran and after the date of this Easement, the fallovuing acts, uses and practices sha11 be prohibited forever upon ar Within the Property; x.01 tructr~res No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ~a nd Preservation Carnn~ittee"} and other applicable provisions of the Tavwrn Code and sections 1.g~ and 4,Db of this Easement. .0 Excavation and Removal of Materials' Mir~in The excavating, regrading, scraping ar filling of the Property shall be prohibited, without the prior Britten consent of grantee, including but not limited to from the Land Preservation Cor~rnittee, Mineral expfaitation, and extraction of any mineral, including but not limited to soli, gravel, sand and hydrocarbons, by any method,, surface or subsurface, is prahibited. The removal of topsoil, sand, or other materials Pram the Property is prohibited, nor shall the topography of the Property be changed, except 'rn connection with normal agricultural horticultural activities, all ,af ~rhich shall require the prior v~rritten consent of rar~tee, including but not limited to Pram the Land Preservation Corr~n~ittee, .D3 subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or Ivcal 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. Grantor may, subject to approval by the Planning Board .of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that a!I resulting parcels contain at least 10 aces of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts" thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dum_pinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes ors chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices ort the Property, including fertilization, composting and crop removal. 3.05 Signs 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 game of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (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) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 3.06 Utilit9es The creation or placement of overhead utility transmiss+on lines, utility poles, wires, pipes, wells or drair~age systems {"utilities") on the Property to service structures approved pursuant to §4.06 shalt be prohib+ted without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 3Q feet of the centerline of any roads or driveways, and may be used solely to se+vice the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties, except for underground utilities presently existing, and refe~-er~ced in an easement recorded simultaneously herewith in the Office of the Suffolk County Clerk and described in Section 4,Ob Herein. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial USeS~ permanent or temporary, including but not limited to a riding academy, shall be prohibited. For tie purposes of this seetion', agricultural production, as that term is presently referenced in §247 of the General Munic9pai Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in ~301(2)(a)-(j} of the Agriculture and Markets Law, now or as said §301(2)(a)-{j} may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, and shall not be considered a commercial use.' Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protecfied by a development rights easement or other instrument, including bit not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields,golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is lilcefy 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 8 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 Natural Resources Conservation Service ("MRCS"). 3.09 Draina4e The use o~ the Property for a beaching or sewage disposal field shall be prohibited. The use o~ the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices ar~d in order to control flooding or soil erosion on the Property. 3.1.0 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shat{ 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 pre-existing structures, and to construct new structures, as such rights may be provided ~n Section 4.06, and tf~e parties agree that any other such development 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 Subjeck to the provisions of ARTICLE THREE, Grantor shall retain all other 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, State, or federal law. Grantor shall have the right to use 9 the Property for uses, improvemenks and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shalt also have the right to use the Property for traditional private recreational uses, provided such recreations! uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be ofFered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interFering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in ali types of agricultural production as tie term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as said Chapter 70 may be amended ar~d including the production of crops, livestock and livestock products as defined in §301(2){a)-(j) of the Agriculture ar~d Markets Law, now, or as said §301.{Z)(a)-(j} may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of ti~is Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or tie use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. 10 4 I Notwithstanding the definition of agricultural production in chapter 7g of the Town bode or any successor chapter, structures shall be prohibited except as set forth in section 4.06 herein and as perritted by the Town bode now or in the future on agricultural lands protected ~y a development rights easement or other instrument, including but not limited to far~rstands, g tructu res A. Allowabie Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may Abe permitted by the Town bode and subject to the approval of the Town of Southold hand Preservation committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or ether applicable laws: ~i} Underground facilities used to supply utilities solely for the use and enjoyment of the Property, ~ii~ New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agriculturalproduction; ~iii~ Renovation, nnaintenar~ce and repairs of ainy existing structures or structures built or perrr~itted pursuant to this section 4.0, provided the primary purpose of the structure remains agricultural; B. conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement, 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 rninimi~e disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, ~ncludNng but not l~m~ted to rn~nMr~al removal ofvegetat~on, m~n~n~al movement of earth and minimal clearaf~ce of access routes for construction vehicles. D. Replacement of improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant t this Section 11 4 4 4.o impractical, erection of ~ structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and v~ithin the same general location, subject to the revier~ and v~rritten approval of Grantee, pursuant to applicable provisions of the Tov~n Code, x.07 Notice Granter shall notify Grantee, in vuriting, before the construction of any permanent or temporary structures as permitted in section 4.0~ herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Tov~n Code, and shall provide documentation as may be required for such applications. 4,0 Alienability Grantor shall have the right to convey, mortgage or lease all of its rerr~aining 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, vuithout 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 v~ith the provisions hereof shall not affect Grantee's rights hereunder. 4,Og Further Restriction Nothing ire this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the, Property Any such further restrictions shall be consistent vuith and in furtherance of the general intent and purpose of this Easement as set forth in section o.o~. ARTICLE FYVE GRANTDR' oBLIGATION 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, Which ray become a lien on the Property, including any taxes or levies imposed to make those payments, subject, hov~ever, to Grantor's right to grieve or contest such ,assessment 1~ i t A ~'he fa~iure of grantor to pay all such taxes, levies and asessrr~ents and other governmental or municipal charges shall net cause an alienation of ar~y rights or interests acquired herein by grantee, Indemnification grantor shall indemnify and hold grantee harmless for any liability, C~stst attorneys' fees, ~ud~ments, expenses, charges or lens to grantee or any of its officers, employees, agents or independent contractors, all of v~rhich shall be reasonable in amaunt, arising from injury due t~ the physical maintenance or condition of the Propert~i caused by grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, ail of which shall be considered grantor's obl~gataon. I 5,0 Third Party_ Haim grantor shall indemnify and hold grantee harrr~less for any liability, costs, attorneys' foes, judgments, or expenses, charges or liens to grantee or ~ ny of its officers, employees, agents or i ndependent contractors, ~ I I of which shall be reasonable in amount, resulting: ~a} from injury to persons or damages to property arising from any activity on the Property; and fib} 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. 5.04 grounds ~laintenanc__Requiren~ent If grantor leaves the Property open and does not engage in agricultural production for tv~o consecutive years, then grantor shall implement a Natural Resources onservat~on Plan the "Plan"} approved by grantee, including the Land Preservation committee, to maintain or restore the Property to the cond~t~on ~n r~h~ch ~t existed on the date of this Easement, as evidenced by the documentation referred to in section o.05, in order to protect the er~vironmentai, natural, scenic and agricultural values of the Property, In the event grantor fails to comply ~vith the provisions of this section after reasonable v~rritten notice is given to grantor by grantee, then, in addition to all other remedies set forth herein, grantee yr its agents are hereby authorised to enter upon the Property to implement the Plan, and to recover the costs of such implementation from grantor, as provided in section .off and Section G.o. 1 ARTI~~. RA NTE E' RI C H T x.01 Entry and Inspection grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to bra ntor, and i n ~ rya n ner that gill not i nterfere pith grantor's quiet use and enjoyrr~nt of the Property, for the purpose of inspection to determine Whether this aser~ent and its purposes and provisions are being upheld. grantee sha!! not have the right to enter upon the Property for any other purposes, except as provided in section x,04 and or to pert~it access upon the Property by the public. , x.02 Restoration In addition to grantee's rerr~edies under section 5.04, grantee shall have the right to require the grantor to restore the Property to the condition required by this Easement a nd to enforce this rig ht by a n y a ction or proceeding that grantee may reasonably deem necessary. Movuever, grantor shall not be liable for any changes to the Property resulting from causes beyond the grantor's control, including, v~rithout limitation, fire, flood, storm, earth movement, vuind, weather 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 or crops, iivestack or livestock products resulting from such causes. fi.o Enforcement Ri hts of grantee grantor acknovuiedges and agrees that grantee's remedies at lava for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of grantee hereunder at laver 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 perrormed pursuant to this basement is not cured by grantor within ten X10} days' notice thereof by grantee ~which~notice requirement is expressly uvaived by grantor with respect to any such breach, default or violation v~hich, in grantee's reasonable judgment, requires innmediate action to preserve~and protect any of the agricultura# values or othervtirise to further the purposes of this Easement}, grantee shal# 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, defau#t or violation by temporary and/or permanent injunction, 14 iii} To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation~andJor to cause the restoration of that portion of the Property affected by such breach, default ar violation to the condition that existed prior thereto, or {iii} To enforce any terra provision, covenantor obligation in this basement or to seek or enforce such other legal and~or equitable relief or remedies ~ Grantee deers necessary or desirable to ensure compliance with the term, conditions, covenants, obligations end purposes of this Easement; pravided, however, that any failure, delay or election to so act by Grantee shall not be leered to be a waiver or a forfeiture of any right or available remedy vn Grantee's part with respect to such breach, default, or violation or with respect to any ether breach, default or violation of any terra, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' feed, court costs and other expenses incurred by Grantee therein called "Legal Expenses"} its connection with any proceedings under this Section, as approved by the court. The cure period in this Section rr~ay be extended for a reasonable time by Grantee if such restoration cannot reasonably be accoi~p~ished within ten ~ 10} days. x.04 Notice All notices required by this Easement must be written. !Notices shall be delivered by hand or by registered ar certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested, Mailed native 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 6.04. Mailed notice to Grantee shall be addressed to its principal affice recited herein, marked to the attention of the Supervisar and the Town Attorney, or to such other address as Grantee may designate by notice i n accordance with this Section D4. Notice shat I be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. ~5 F I 6~~ Na vVa~ver ranteefs exercise of one remedy or relief under this ARTICLE Ix shall not have the effect of waiving or limiting any other remedy or relief, and the fai I u re to exercise or the deny i n exercising any remedy sha I l riot constitute a waiver of any other remedy or relief ar the use of such other remedy or relief at any ether tire, lg~ Extin uishment of Easement condemnation At the mutual request of rantar and grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property} have changed so much that it becomes irripassible to fulfill the Purpose of this Easement described in section o.g, extinguis#~ or codify this Easement;in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the grantee or by any other governrr~ental entity, then this Easement sha11 terminate with respect to the Property, or portions thereof so taken ar candemned, and the Property shall not be subject to the limitations and restrictions of this Easement, In such event, the grantor, its successors ar assigns, shall not be required to pay any penalties, but the value of the Property sha11 reflect the limitations of this Easement, Any c~ndemr~ation ward payable to the rantar shall be in proportion to the value attribr~table to the residual agricultural value of the Property. If the conderr~nation is undertaken by an entity other than the rat~tee, then the remaining portion of the condernation ward shall be payable to the grantee in proportion to the value attributable to the development rig#~ts transferred hereby. ARTICLE EVEN MICELLAfVE~U ~.~~----Entire Understanding This Easement contains the entire understanding between its parties concerning its subject rr~atter, Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 1~ 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code ar~d any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(f~). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirerrments of §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 sights acquired by Grantee hereunder steal! be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, 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 the Town 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. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170{h} of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severabilit Any provision of this Easement restricting Grantor's activitEes, which is determined to be invalid or unenforceable by a court shall not be invalidated. 17 F 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 deterrr~ined to be invalid or unenforceable by a court shall be severed frorn the other provision, which shall remain enforceable and effective. 7.0~ governing t.aw New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, indluding validity, construction, interpretation, breath, violation and performancet 7.o 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 arr~biguou or shall be subject to two or more interpretations, ore of which would render that provision invalid, then that provision shall be given such interpretation a 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 ~f 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 lirr~ited his right to use t#~e Property, except as otherwise recited herein, be construed at all tires and by all parties to effectuate its purposes. 7, 07 Pu bl is Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. grantee may use images of the Property only for r~on~comrercial reporting of this Easement. 7~OS Vl~arranties The warrant+es and representations made by the parties in this Easement shall survive its execution. ~S i 7.09 Record i nq 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 convenier~t reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. i ACKNOWLEDGED AND ACCEPTED: PECONIC ~,4ND TRUST, INCORPORATED BY: ` T of . C fi Id, Vice President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: 0n the ~L day of nu? k in the year 1013 before me, the undersigned, personally appeared Timothy J. CauFeld, 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 ins[rument and acknowledged to me rhaf he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, fhe individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument Signatur%~ce of individual taking acknowledgement ROH~J~T DEF~~ ~rA c. a10F.500b1i~Mwl'bAt Qi~Ni~d In Go~s~ry. c~an~aalo~ F.~es oatoba~ u.o?o ~ Y STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this a1'~ day of nti+~ in the year 2Q13 before me, the undersigned, personally appeared Scot A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to 6e the individual(s) whose name(s) is (are) su6s~ribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/[-heir capacity(ies), 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. Signatur%ffice of individual taking acknowledgement ~oe~r o 1'~1?~ iNrwlbAt C.onpnl~on E~ohra~Qf~b r ~~~o r ~ 20 1 F xF , ~ SURREY ~F PR~FERTY ouT~~~~ T~1NN ~F ~OU~HO~D ~ su~~o~~ ~ou~~Y, ~o~~ ' ,C, TAB No, i ~o~~~~--0 i --09 ~ ~cn~E ~ ~ ao' dPRI~ d, X013 AREA ~ 1185,3511 E4. if. SUBJECT ~ 15.734 ae, ~REU~sa:s ti..: ~r.~~~.,,. ~.1 F,ti, C1;1"~~"~"~~" 'y~ 'e"''~°~~:I y..{,y,,,,s};:,s~::,',v,{'';;,;4,~;,; kEW! SUFFOEK Uk~ Ca. ~V, LLC ;5; ~~:`:~~'';:M-~:'~:;~~~~'~~~~.:~~~'~. PECONIC GND TRUST, 1N1i4RPORATCa UHF .+~rS'~~ r~~~.~•.•}S;~ j.;v~ 1,~;". TOWN OF SOUTHOLD y;.~~~':.,~•~~{a~;~'~.;;`r-v:s~1~•;,}::' iipEU7~ NATIONAL TITLE INSURANCE COMPANY g~~L"„tia~5' .tip .ti F` { ~ 6Efll REFERENCES ARE T1J DEED L18ER 1$415 RAGE 17$, a~ ~i ~ ~ ~~~~L ~ ~ ~ ~ ~ o ~ ~ ~ b ~ ~ ~ ~ ~ w 3z, 2~ ~ ~ ~ , • ~ a ~ 1F , 4~ ~ Ica ~ tG~`~ ~ is ~i~'~: i~a R ~ ~l? ~7~G1~1 . t3 } ~ b ~~'Jt w ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ i N ,a a I ~ 1,~ ~ X01 ~ ~ ~ t~l O e pN~ ~ # ~ ~ W ~ , ' merit ~ Kr rara~ irur 1>r+o I~~o~, ~ N.r.y, W, M+. S0~#7 N~th~n Taft vrwin X11 Et~11tf1 TAE 01 ~ M[~' +If~ iRiR ~ Land urvey~r ppn~lbM ~isR1 ~mM E±1~ ~ ~ x ~ L.~ Glut 1a ri~ 1i1et~ ICiI .ar M luE,[t a r r~vMm, +~o a+ ~ E6W! 10 I~~Rw~~~gi~A' [+u~ I T+E4 51rr~ - r - ~M ~ - si4~ lgwf fo ~xc ~Ea~s pr nit 4o+a~ ~ ~ IHdN[ (13X12'1-1010 f~ ~ 11RIal ~M wr L r?1r ~m1c~ or aaoxr a prawn 0~ ~OG11Fp Ar 6ilEI~1G App1[53 AMO GilMilfq 4f i[, r 156E 1bn 11~E fA. IM 1i AMYF 110? Efq'~M 1~[ #10~ ~ 11R Yilk 11147 ~ MK YM~ 1117 5 ' 1 F~~elit Nat~~~alTitle In~uranc~ ova ~n P ~ . T~TL~ N~, ~ ~ -7404-903 ~5 UFO I~DUL~ A-~. ~~escr~~~ior~~ Amended 05~2~~13 Development Rights Easement Area. ALA that certain plot, piece or parcel of land, situate, lyYng and being in the Town of Southold, County of Suffallc and State of New fork, being bounded and described as follows: FE~fhENIl~IC at a paint on the easterly side of Ha~tan's Lane distant ~7~.7G feet from the northerly end of an arc of a Curve connecting the easterly side of Horkon's Lane and the northerly side of North ~aad ~~,R. 48}, which said arc of curve has a radius of 44.0 feet and a length of 7~.5G feet; RUNN~I~ THENCE along the easterly side of Horton's Lane Narkh ~9 degrees ~ l minutes 20 seconds Vest, feet to ~ monument; , . T`I~NCE along land sow ar formerly on Map of Final Plan far "Dickersonz ~"ar~" ,North '12 degrees 32 minutes 2U seconds Fast,140G.30 feet to a monument; . THENCE along other land now ar formerly on Map ofFi~al Plan far "Dickerson Farm", South Z0 degrees minutes 10 seconds Lust, 395.25 feet to a reserved area; THENCE the fallowing ~ courses and distances slang the reserved area: 1 ~ South 7 l degrees 48 minutes l4 seconds hest, l dS.74 feet; . } South 10 degrees 2l minutes 50 seconds Fast, ~~8.91 feet; ~ South 71 degrees 48 rnit~utes 10 seconds hest, 728.15 feet; 4} Narkh ~9 degrees ~ l minute seconds ~Vest,129.9~ feet; ~ . . ~ Y , 5} South 7l degrees 48 rr~inutes 10 seconds 'VL~est, I2b.74 feet to the easterly side of Hart~~.~s Lane, the point or place of EFCr~N~.