HomeMy WebLinkAboutL 12759 P 957
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/10/2014
Cr Number of Pages: 1-5 Ila At: 04:16:02 PM
Receipt Number : 14-0003629
TRANSFER TAX NUMBER: 13-15940 LIBER: D00012759
PAGE: 957
District: Section: Block: Lot:
1000 053.00 04.00 044.001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $75.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-5B4 $5.00 NO Notation $0.00 NO
Cert.Copies $18.75 NO RPT $60.00 NO
Transfer tax $0.00 NO Comm.Pres $0.00 NO
Fees Paid $198.75
TRANSFER TAX NUMBER: 13-15940
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clark, Suffolk County
L2]
RECORDED
Number of pages 1 (p 2014 Jan 10 04:16:02 FM
JUDITH R. PASCRLE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L 000013759
F 957
Social Security Numbers DT# 13-15940
prior to recording.
Deed/ Mortgage Instrument Deed /Mortgage Tax Stamp Recording/ Filing Stamps
3 FEES
Page/Filing Fee Mortgage AML
1. Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
rl or
EA-5217(County) Sub Total ~OD . v Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
R.P.T.S.A. Dual Town _ Dual County _
Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax _
Affidavit • Mansion Tax
Certified Copy The property covered by this mortgage is
C~ -.-I ~ or will be improved by a one or two
NYS Surcharge 15. 00 I b familydwelling only.
Sub Total YES or NO
Other q(}
Grand Total If NO, see appropriate tax clause on
page q of this instrument.
-fl 3 /-3
E EE 2696926 1o00 05300 0400 o44o01 5 Community Preservation Fund
Real Proper eio-JANI-14 Consideration Amount $
Tax Service, III uu
Agency CPF Tax Due $
Verificatiori
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: Vacant Land
Town of Southold TD
53095 Main Road TD
P.O. Box 1179
Southold, NY 11971 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
wwwsuffolkcountyny.gov/clerk CI N 1
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached 4fL ~RJVrol9-M" 1 made
by: (SPECIFYTYPEOF INSTRUMENT)
The premises herein is situated In
Posillieo Construction Co., Inc. SUFFOLKCOUNTY, NEWYORK.
TO In the TOWN of Southold
In the VILLAGE
Town of Southold or HAMLETof Greennm't
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
over
OPEN SPACE CONSERVATION EASEMENT
THIS OPEN SPACE CONSERVATION EASEMENT is made on the f 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 I 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 he 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 arc 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
comer. 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 ran 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 grunted 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.
2
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 further subdivision, division or partitioning of the Easement Area.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials including, but not
limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited.
This prohibition shall exclude materials used on the Easement Area in the normal course or
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 sail 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 orthe 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
3
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 cant'
out the permitted uses of and activities on the Easement Area, are lerrninated 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 Stale, 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 previsions hereof shall not affeel 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 lion on the Easement Area, including any taxes or
levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and
assessments and other governmental or municipal charges shall not cause an alienation of any
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.
5
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Easement Area at reasonable times, upon
prior notice of at least thirty days to Grantor, unless Grantee determines that immediate entry is
required to prevent, terminate or mitigate a violation of this easement, and in a manner that will
not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of
inspection to determine whether this Easement and its purposes and provisions are being upheld.
Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere
with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall not have the
right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof,
nor to permit access upon the Easement Area by the public.
6.02 Restoration
In the event of any violation of this Easement, Grantee shall have the right to require,
Grantor to restore the Easement Area to the condition existing prior to the claimed violation and
to enforce this right by any action or proceeding that the Southold Town Planning Board may
reasonably deem necessary. However, Grantor shall not be liable for any changes to the
Easement Area resulting from causes beyond Grantors control, including, without limitation,
fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under
emergency conditions to prevent, abate, or mitigate significant injury to persons or to the
Easement Area resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantee hereunder at law or in equity, in the event any breach, default or violation of any 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,
default or violation of any term, condition, covenant or obligation under this
Easement.
If Grantor acknowledges or a court of competer[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
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 Understandinc
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 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
Instrument or the status of Grantee under applicable laws including New York State General
Municipal Law § 247.
7.03 Severabilitv
If any provision of this Easement or the application thereof to any person or circumstance
is found to be invalid, the remainder of the provisions of this Easement and the application of
such provisions to persons or circumstances other than those as to which it is found to be invalid
shall not be affected thereby.
7.04 Notice
All notices required by this Easement must be written Notices shall be delivered by
hand or express, certified or registered mail, return receipt requested, or by certified mail, with
sufficient prepaid postage affixed and with 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 dale of its mailing.
7.05 Governing Lw
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 Intemretalion
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 supersedes 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 WI IEREOF, 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: e
aznc ( tor)
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SO OLD(Grantee)
BY:
(Supervisor)
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this 10l"da of NO tVK6_0r in the year 20 before me, the undersigned,
personally appeared OS and S0 t l , personally
known to me or proved to melon 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 capacily(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.
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SCHEDUL A: Metes and Bounds Description of the Premises
SC14F,DIJLE B: Metes and Bounds Description of the Easement Area
EXHIBIT A: Final Plat Subdivision Map of Conkliog Point Estates
EXHIBIT B: Easement Area Map
EXHIBIT C: Title Search and Affidavit illustrating that there are no easements or
liens as of IZJIDJL~ 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, 572.22 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 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 Conking 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", tiled 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, 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:
(I) 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 comer 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 Baser 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.
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Exhibit C (Page 1 of 2)
M.K.M. ABSTRACT SERVICES, INC.
238 Mineola Boulevard - Mineola, N.Y. 11501 - (516) 742-4700 - (516)
M.K.M. ABSTRACTSERVICES, INC., at the request of JEFFREY STERN, ESQ. has
caused the following searches to be made in the appropriate jurisdictions for:
(7[) Open Mortgages
Against premises known as 500 Kerwin Boulevard, Gmenport, 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 w 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
B04av
c
1
~xh~b~ f (V'PrbC 7- 0~ Z~
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
ANTHONY POSILLICO, being duly swom, deposes and says:
1. 1 am over the age of 18 and am a resident of the State of New York. I have
personal knowledge of the facts herein, and if called as a witness, can testify
completely thereto.
2. 1 am the President of Posillico Construction Co., Inc., the owner in fee simple of
the premises located at 500 Kerwin Boulevard, Greenport, New York (SCTM No.
1000-53-4-44.1) (hereinafter the "Premises").
3. As the President of Posillico Construction Co., Inc., I know of no facts or
circumstances which indicate that any easements, encumbrances, liens,
mortgages, taxes assessments have been filed on or against the Premises.
There are no judgments against the Premises, unpaid or unsatisfied or record
entered in any court of the State of New York or the United States, and, as far as
I know, the premises are free from all leases, mortgages, taxes, assessments
and other liens.
4. This Affidavit is made to induce the Town of Southold to accept fee title of the
Premises for drainage purposes knowing that the Town will rely on the
statements made herein.
4i25,~/
ANTHOIj OSILLICO
Sworn to before me thiscl-1111
day of d. :Ian uQV-L\ 20 Notary Pub is
LINDA P. RANDOLPH
N6TA11Y.PIALIO. 8" Ol Nwr MbA
1~, 01itA8Ul10 '
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