HomeMy WebLinkAboutConkling Point Estates
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MAILING ADDRESS:
PLANNING BOARD MEMBERS ~F SOU P.O. Box 1179
DONALD J. WILCENSKI ~0~~ jyQlO Southold, NY 11971
Chair OFFICE LOCATION:
WILLIAM J. CREMERS Town Hall Annex
PIERCE RAFFEATY G 54375 State Route 25
JAMES H. RICH III (cor. Main Rd. & Youngs Ave.)
MARTIN H. SIDOR COU M'~^A Southold, NY
Telephone: 631765-1938
Fax: 631 765-3136
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD RECEIVED
December 17, 2013 DEC. 1 g ''13
Southold Town Clerk
Mr. Jeffrey T. Butler, P.E.
206 Lincoln Street
Riverhead, NY 11901
Re: Declaration of Covenants and Restrictions, Grant of Drainage Easement
and Open Space Conservation Easement Approval: Proposed Standard
Subdivision of Conkling Point Estates
Located on the west side of Kerwin Boulevard, approximately 575 feet west of
August Lane, in Greenport
SCTM#1000-53-4-44.1 & 44.3 Zoning District: R-80
Dear Mr. Butler:
The Southold Town Planning Board adopted the following resolution at a meeting held
on Monday, December 16, 2013:
WHEREAS, this proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1
equals 29,869 sq. ft. inclusive of 4.98 acres of open space which includes 0.82 acres of
wetlands, Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., and Lot 4 equals
29,869 sq. ft. This project includes the transferring of 37,882 sq. ft. of buildable lands
from SCTM#1000-53-4-44.3 onto the subject property for the purposes of establishing
yield; and
WHEREAS, on December 11, 2013, the applicant submitted a Declaration of Covenants
and Restrictions, Grant of Drainage Easement and Open Space Conservation
Easement as required by the Planning Board; and
WHEREAS, on December 16, 2013, at their work session, the Southold Town Planning
Board reviewed and approved the Declaration of Covenants and Restrictions, Grant of
Drainage Easement and Open Space Conservation Easement; be it therefore
RESOLVED, that the Southold Town Planning Board hereby accepts the Declaration
of Covenants and Restrictions as submitted on December 11, 2013; and be it
further
Conklinq Point Estates Page Two December 17, 2013
RESOLVED, that the Southold Town Planning Board hereby accepts the Grant of
Drainage Easement submitted on December 11, 2013 and recommends the same
to the Southold Town Board; and be it further
RESOLVED, that the Southold Town Planning Board hereby accepts the Open Space
Conservation Easement as submitted on December 11, 2013 and recommends the
same to the Southold Town Board.
If you have any questions regarding the above, please contact this office.
Very truly yours,
-'-x
Donald J. Wilcenski
Chairman
Encl.
cc: Elizabeth A. Neville, Town Clerk
GRANT OF DRAINAGE EASEMENT
THIS indenture made this /4 day of Decewlber , 2013, by and between
fo5; dl i co CovkstVuA*av, Co. =n c, with an address at 34( . 14gle ,9ye
Safe 12~ We, Nassau County, New York (the "Grantor") and the Town of
Southold, located at 54375 Route 24, P.O. Box 1179, Town of Southold, Suffolk County,
New York (the "Grantee").
WHEREAS, the Grantor is the owner of a certain parcel of land containing V7 Z
acres, more or less, of land identified by Suffolk County Tax Map number/ado-s3-9-W9.1;
located on the West side of Kerwin B I Vd in the Hamlet of
Green ort , Town of Southold, Suffolk County, New York;
WHEREAS, Grantor 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
Standard Subdivision of "Conklin Point Estates" prepared by Jeffrey T. Butler, P.E., P.C.
and Nathan Taft Corwin, III, L.S., last dated December 9, 2011 ("Subdivision Map"),
which will be filed in the Suffolk County Clerk's office and is described in Schedule A;
WHEREAS, the Grantor, as a condition of its final subdivision approval, is
required to construct and install a leaching pool and an Advanced Drainage System
(ADS) Pipe as described herein for drainage purposes within the boundaries of Lot 1
and Lot 2 shown on the Subdivision Map as the "Drainage Easement Area" and
described in Schedule B;
WHEREAS, the Grantee, proposes to maintain and repair the drainage
improvements constructed by the Grantor on the area designated "Drainage Easement
Area" on the Subdivision Map and described in Schedule B;
NOW THEREFORE, INCONSIDERATION OF Ten Dollars ($10.00) and other
good and valuable consideration paid by the Grantee to the Grantor, the receipt of
which is hereby acknowledged, this agreement witnesseth that:
1. The Grantor does hereby donate, grant, transfer and convey to the Grantee, a
drainage easement in gross, of the nature, character and to the extent hereinafter set
forth, over and upon the premises described in Schedule B.
2. Grantor, as part of its Subdivision Approval, shall construct one (1) leaching pool,
eight (8) feet in diameter by four (4) feet deep with a solid cover below grade. The
leaching pool must be connected with a 12 inch in diameter ADS Pipe to the existing
drain located on Kerwin Boulevard to provide certain road drainage as indicated on the
attached Schedule C (a copy of the drainage plan for the area);
3. Grantor shall not improve this area with any planting other than topsoil and grass,
which Grantor will maintain. Grantee shall have no obligation to mow or perform any
other maintenance of this area except as provided herein.
4. The nature, character and extent of the easement rights hereby granted are as
follows:
(a) The right of the Grantee to enter upon the premises at all reasonable times:
(b) The right of Grantee to enter upon the premises over the area more fully
described in Schedule B at all reasonable times to access the leaching pool
and ADS Drainage Pipe. Grantee acts shall not inhibit any access other than
on a temporary basis to replace, repair or maintain the above mentioned
drainage improvements installed by Grantor.
(c) To maintain and repair the drainage improvements within the area more fully
described in Schedule B and to repair, replace, add, upgrade and remove
said improvements as needed for the effective drainage of the area.
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3. The Grantor reserves the right to the use and enjoyment of the Grantor's
premises to the fullest extent possible without unreasonable interference by the Grantee
in the exercise of the Grantee's rights granted herein.
4. The Grantee further agrees to pay all reasonable damages to the
premises of the Grantor sustained as a result of the construction, maintenance and/or
operation of the drainage easement thereon by the Grantee and shall be obligated to
restore the affected area in a timely fashion to the condition prior to the damage.
5. The Grantee further agrees to obtain all necessary permits from all
governmental agencies necessary to carry out the operations contemplated by this
agreement.
6. This agreement and the easements and rights granted herein shall run
with the land and be binding upon the parties hereto and their respective successors
and assigns.
7. Grantee shall indemnify and hold harmless Grantor against all liability
associated with its own acts or omissions in connection with the use of the premises.
8. The terms of this easement may not be changed orally, and this writing
constitutes the entire agreement of the parties. Each party represents to the other that
no representations have been made or relied upon by or to either party except those set
forth herein.
9. If any term of this easement shall be determined by a court of competent
jurisdiction to be unlawful, null or void, all other terms shall remain in full force and
effect.
10. Grantor represents to Grantee that the execution of this Easement does
not violate any covenant, regulatory restriction, court order or agreement to which its lot
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may be subject, and that the undersigned is the sole owner of the lot and possessed of
full authority to execute same.
11. This easement shall be perpetual unless, by judicial decree or
determination or by written agreement of all parties, the beneficial use of the easement
or either of them shall cease by operation of law or otherwise.
IN WITNESS WHEREOF, the parties hereto have executed this agreement the
day and year first above written.
poSM41co oxSTRc~rr7" c*7'a C.
~y Grantor
Grantee
STATE OF NEW YORK)
' (4^sr+ ) ss.:
COUNTY OF tic)
On this /6 day of D t`~ in the year 20 1_7before me personally
appeared aLtr~), ASS{ gs 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.
otary Public -'~'r-
J,'):+t1 L 610LLOY, JR
STATE OF NEW YORK) r:o;+{ Fuhhc.s:a:e of Ncw Yo;t
SS.: Doi" Js°d in rdasau "MV No. 07450723
COUNTY OF SUFFOLK) ,comminionExpimmta(oh30, J~
On this _ day of in the year 20_, before me personally appeared
, 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.
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Schedule A
Legal Description of "The Clustered Standard Subdivision of Conkling Point Estates"
Suffolk County Tax Map No. 1000-53-04-44.1
ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, known and designated as Lot No. 37
on acertain Map entitled "Map of August Acres, Section One", and filed in the Office of the
Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly bounded and
described as follows:
BEGINNING at a point formed by the intersection of the southerly line of land now or formerly
of The Long Island Railroad (M.T.A.) and the westerly line of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly.line of
Kerwin Boulevard, 872.22 feet to a point at the northeast comer of the recharge basin as shown
on above said map;
RUNNING thence South 46 degrees 50 minutes 20 seconds West along the northerly line of
above said recharge basin,. 316.45 feet to a point along the easterly line of land now or formerly
of Breezy Shores Community Inc:;
RUNNING thence along the easterly line of land now or formerly of Breezy Shores Community
Inc. the following two (2) courses and distances:
(1) North 43 degrees 09 minutes 40 seconds West, 710.32 feet to a point;
(2) North 32 degrees 42 minutes 00 seconds West, 214.26 feet to a point along the
southerly line of land now or formerly of The Long Island Railroad (M.T.A.);
RUNNING thence North 55 degrees 00 minutes 36 seconds East along the southerly line of land
now or formerly of The Long Island Raihoad Inc. (M.T.A.), 405.74 feet to the point or place of
BEGINNING.
Schedule B
Legal Description of Drainage Easement
ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, known and designated as part of Lot
No. 37 as shown on a certain map entitled " Map of August Acres, Section One", filed in the
Office of the Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly
bounded and described as follows:
BEGINNING at a point along the westerly side of Kerwin Boulevard, said point being South 34
degrees 59 minutes 00 seconds East along the westerly side of Kerwin Boulevard, 160.00 feet
from the corner formed by the intersection of the southerly line of Long Island Railroad (MTA)
and the westerly side of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly side of
Kerwin Boulevard, 20.00 feet to a point;
RUNNING thence the following three (3) courses and distances through Lot No. 37 as shown on
above said map:
(1) South 55 degrees 01 minutes 00 seconds West, 20.00 feet to a point;
(2) North 34 degrees 59 minutes 00 seconds West, 20.00 feet to a point;
(3) North 55 degrees 01 minutes 00 seconds East, 20.00 feet to the point or place of
BEGINNING.
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Schedule C
5 34°59'00' E 5340
59' . '
10 j 10.00
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5 55°01'00' W 20.00'
20.00' LOT 2 i
5 34°59'00' E 534°5900 E ,
_U0 10.00,
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NEIES AM BOIMS
5GALE: I" = 361-0'
KERWIN BLVD.
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I P/0 . LOT #4
LOT WJ ARFJU
NEVHAPABLE 24,060.75 SF.
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1132-42 21426 N 4TOdV W
SITE PLAN
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PROPOSED DRAINAGE EASEMENT FOR:
W PAGE:
ARDHAMOMMr- 00-35o+44J A ".9
JEFFREY T. BUTLER, P.E., P.C. S.GTAO a
PO. BOX 634
SHORMAK ISI YORK car TOM Or souni"
TEL. 6312086650 FAX. 631327hOM JOB No.. 040180 ORA * BY. AV,
anercamsa"s DATE. 1204p APPROVEOBY.JIB of
OPEN SPACE CONSERVATION EASEMENT
THIS OPEN SPACE CONSERVATION EASEMENT is made on the _ of
2013 at Southold, New York. The parties are POSILLICO CONSTRUCTION
COMPANY, Inc., with offices at 346 Maple Avenue, Suite 12, Westbury, NY 11590 (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# 1000-53-04-44.1 & SCTM#
1000-53-04-44.3 , 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 " Clustered Standard Subdivision of Conkling Point Estates" prepared by JEFFREY
BUTLER, December 9, 2011, Sheets 1 and 2, which map is to be filed in the Suffolk County
Clerk's office; shown in Exhibit A and more fully described in Schedule 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 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 to 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, as a condition of approval of this standard subdivision plat 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 a 4.98 acre portion of the "Premises" described in
Schedule B (Easement Area), attached hereto and made a part hereof, shown on the
aforementioned Subdivision Map as " P/O Lot No. 1 Conservation 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 Exhibit and Schedule 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 B, 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, as set forth in Exhibit C. 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
corner. Property boundaries running in a straight line greater than 800' shall have concrete
monuments placed every 500'.
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, 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 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.
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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 hereof.
3.01 Structures and Improvements
No buildings or other structures or improvements may be erected or constructed on the
Easement Area.
3.02 Excavation. Grading and Removal of Materials, Mining
The excavating, grading or filling of the Easement Area, except as may be necessary to
construct and maintain permitted structures and improvements on the Easement Area as provided
in Section 4.03 hereof, 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 except to construct and maintain the
permitted structures and improvements on the Easement Area and for purposes of erosion control
and soil management.
3.03 Subdivision
There shall be no fiirther 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 on the Easement Area is prohibited.
This prohibition shall exclude materials used on the Easement Area in the normal course of
sound agricultural practices, including fertilization and composting (for use on-site only).
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, including but
not limited to recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's)..
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.
3.08 Vegetation
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
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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 that
has been reviewed and approved by the Planning Board.
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 commercial livestock operations involving swine, poultry, mink,
ratites, and other animals likely to produce highly offensive odors.
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.
3.11 Other Uses
The use of the Easement Area for any commercial purpose, 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 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 & Septic Systems
The use of the Easement Area as a leaching or sewage disposal field is prohibited. The
use of the Easement Area for drainage of stormwater runoff is prohibited.
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 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
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.
A. 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
4
facilities and have minimal impact on renewable natural resources. Such uses include
hiking, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching,
hunting and enjoyment of open space.
4.04 Notice
Grantor shall notify Grantee, in writing, ninety (90) days before exercising any reserved
right with respect to the Easement Area, pursuant to Section 4.03. The request for approval
shall describe the nature, scope, location, timetable and any other material aspect of the proposed
improvement or 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 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 govenunental 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.
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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 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 strictures 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
Instrument or the status of Grantee under applicable laws including New York State General
Municipal Law § 247.
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
given and received as of the date of its manual delivery or the date of its mailing.
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
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 ambiguous or shall be subject to two or more interpretations,
one of which would render that provision invalid, then that provision shall be given such
interpretation as would render it valid and be consistent with the purposes of this Easement. Any
rule of strict construction designed to limit the breadth of the restrictions on use of the 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 all parties to effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public
any right to enter upon the Easement Area.
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.
7.11 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.
8
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:
BY:
Name (Grantor)
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD(Grantee)
BY:
(Supervisor)
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this _ day of in the year 20_ before me, the undersigned,
personally appeared and personally
known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose
name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(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.
Notary Public
SCHEDULE A: Metes and Bounds Description of the Premises
SCHEDULE B: Metes and Bounds Description of the Easement Area
EXHIBIT A: Final Plat Subdivision Map of Conkling Point Estates
EXHIBIT B: Easement Area Map
EXHIBIT C: Title Search and Affidavit illustrating that there are no easements or
liens as of 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 from
obtaining future mortgages on the property)
9
Schedule A
Legal Description of "The Clustered Standard Subdivision. of Conkling Point Estates"
Suffolk County Tax Map No. 1000-53-04-44.1
ALL that certain plot, piece or parcel of land, situate, lying and being in Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, known and designated as Lot No. 37
on a certain Map entitled "Map of August Acres, Section One", and filed in the Office of the
Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly bounded and
described as follows:
BEGINNING at a point formed by the intersection of the southerly line of land now or formerly
of The Long Island Railroad (M.T.A.) and the westerly line of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds East along the westerly.line of
Kerwin Boulevard, 872.22 feet to a point at the northeast corner of the recharge basin as shown
on above said map;
RUNNING thence South 46 degrees 50 minutes 20 seconds West along the northerly line of
above said recharge basin,. 316.45 feet to a point along the easterly line of land now or formerly
of Breezy Shores Community Inc.;
RUNNING thence along the easterly line of land now or formerly of Breezy Shores Community
Inc. the following two (2) courses and distances:
(1) North 43 degrees 09 minutes 40 seconds West, 710.32 feet to a point;
(2) North 32 degrees 42 minutes 00 seconds West, 214.26 feet to a point along the
southerly line of land now or formerly of The Long Island Railroad (M.T.A.);
RUNNING thence North 55 degrees 00 minutes 36 seconds East along the southerly line of land `
now or formerly of The Long Island Railroad Inc. (M.T.A.), 405.74 feet to the point or place of
BEGINNING.
Schedule B
Legal Description of the 4.98 Acre Conservation Easement Area (P/0 Lot No. 1)
of the "Clustered Standard Subdivision of Conkling Point Estates"
ALL that certain plot -`piece or parcel of land, situate, lying and being in Arshamomaque, Town
of Southold, County of Suffolk and The State of New York, know and designated as part of Lot
No. 37 on a certain map entitled "Map of August Acres, Section One", filed in the Office of the
Clerk of Suffolk County on June 3, 1991 as Map No. 9107, more particularly bounded and
described as follows:
BEGINNING at a point formed by the intersection of the southerly line of land now or formerly
of the Long Island Railroad (M.T.A.) and the westerly line of Kerwin Boulevard:
RUINING thence South 34 degrees 59 minutes 00 seconds East along the westerly line of
Kerwin Boulevard, 50.00 feet to a point;
RUNNING thence the following five (5) courses and distances through Lot No. 37 as shown on
above said map:
(1) South 55 degrees 01 minutes 00. seconds West, 248.91 feet to a point;
(2) South 34 degrees 59 minutes 00 seconds East, 240.00 feet to a point;
(3) North 55 degrees 01 minutes 00 seconds East, 19.15 feet to a point;
(4) South 34 degrees 59 minutes 00 seconds East 260.00 feet to a point;
(5) North 55 degrees 01 minutes 00 seconds East, 229.76 feet to a point along the
westerly side of Kerwin Boulevard;
RUNNING thence South 34 degrees 59 minutes 00 seconds. East along the westerly side of
Kerwin Boulevard, 322.22 feet to a point at the northeast corner of Town of Southold Recharge
Basin as shown on above said map;
RUNNING thence South 46 degrees 50 minutes 20 seconds West along the northerly line of
Town of Southold Recharge Basin as shown on above said map, 316.45 feet to a point along the
easterly line of land now or formerly of Breezy Shores Community Inc.;
RUNNING thence the following two (2) courses and distances along the easterly line of Breezy
Shores Community Inc.:
(1) North 43 degrees 09 minutes 40 seconds West, 710.32 feet to a point;
(2) North 32 degrees 42 minutes 00 seconds West, 214.26 feet to a point along the
southerly line of Long Island Railroad (M.T.A.);
RUNNING thence North 55 degrees 00 minutes 36 seconds East along the southerly line of Long
Island Railroad (M.T.A.), 405.74 feet the point or place of BEGINNING.
Exhibit A
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"'wwpma'P1iaswn'.A xxuzmaws uT I 0/OER M. ]006 ~C am SI WT COVERAGE 31,603.25 SOFT. (0.863 M) PD. BO%63s PA. Box 1991
n a. 91 -sue w'~ ° fAtIR S . Nt 11166 RIVERHEAD. NY 1190
. rosallw coMStM. CO. 91G UW OF CLMW: 6os
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INS DEG APPLICATION No. I-4138-035g6[OOL~I
- oAlmeetax~u - EE~ro. woes
Exhibit C (Page 1 of 2)
M.K.M. ABSTRACT SERVICES, INC.
238 Mineola Boulevard - Mineola, N.Y. 11501- (516) 742-4700 -(516) 742-0675(1)
M K.M. ABSTRACT-SERVICES, INC., at the request of JEFFREY STERN, ESQ. has
caused the following searches to be made in the appropriate jurisdictions for:
(X) Open Mortgages
Against premises known as 500 Kerwin Boulevard, Greenport, New York, District: 1000,
Section: 053.00, Block: 04.00, Lot: 044.001 on the Tax Assessment Rolls,
And has found the following returns:
OPEN MORTGAGES: Nothing found of record
There is no policy of insurance hereunder. The liability of M.K.M. ABSTRACT SERVICES,
INC. is limited to the amount of fees paid for negligence only.
M.K.M. ABSTRACT SERVICES, INC.
By: Brian Grodotzkc
Title No.; MKM-SPS-12704
Dated: 09/01/12
BG/lav