HomeMy WebLinkAboutArrieta, Allan (2) OFFICE LOCATION:
MELISSA A.SPIRO *OF SO Town Town Hall Annex
LAND PRESERVATION COORDINATOR �O ll 54375 State Route 25
melissa.spiro@town.southold.ny.us O (corner of Main Road& Youngs Avenue)
Southold,New York
Telephone(631)765-5711
Facsimile(631)765-6640 MAILING ADDRESS:
CDUIdT`1,� P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
17 ^oe
To: Elizabeth A. Neville 1�AY 2 i�4
Town Clerk
From: Melanie Doroski SoL, 4yyq
Sr. Administrative Assistant
Date: May 5, 2014
Re: ALLAN ARRIETA to TOWN OF SOUTHOLD
Development Rights Easement— 10.0 acres
SCTM #1000-94.-3-1.13
Location: 3305 Oregon Road, Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following document:
• Original "Correction" Grant of Development Rights Easement dated
January 31, 2014, between Allan Arrieta and the Town of Southold,
recorded in the Suffolk County Clerk's office on 3/11/2014, in Liber
D00012766 at Page 565
Please note that the Correction Deed was made to right a boundary line
measurement between the easement area (1000-94.-3-1.13) and the reserve
area (n/k/a 1000-100.-2-8).
Thank you.
Melanie
enc.
cc: Assessors w/ copy of recorded easement
I IIIIIII (III VIII VIII VIII VIII VIII VIII VIII IIII IIII
IIIIIII(IIII(IIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/11/2014
Number of Pages : 20 At: 04 : 06:24 PM
Receipt Number : 14-0030158
TRANSFER TAX NUMBER: 13-20749 LIBER: D00012766
PAGE : 565
District: Section: Block: Lot:
1000 100 . 00 02 . 00 008 . 000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $100 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15 . 00 NO
TP-584 $5 . 00 NO Notation $0 .50 NO
Cert.Copies $25 . 00 NO RPT $60 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $230 . 50
TRANSFER TAX NUMBER: 13-20749
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
REC EYED
MAY 5 2014
EP. F ND
E VAT10N
F-11 F-21
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
Handling 20. 00 1. Basic Tax
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
EA-52 17 (County) or
( Y) Sub Total Spec. /Add.
EA-5217 (State) TOT. MTG.TAX
R.P.T.S.A. ®�� �y Dual Town Dual County
Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax
Affidavit * ,o„Dp ; Mansion Tax
The property covered by this mortgage is
” ertified Cop �'
or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total family dwelling only.
Other YES or NO
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
4 Dist. rtl r, Sect;nn Me j0 f, 613 5 Community Preservation Fund
Real Prc 2688483 1000 10000 0200 008000
Tax Se Consideration Amount $
Ager. �'!RFDTYJA.,I I IIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII CPF Tax Due
Venfic' ', 07-MAR-14/
Sati Improved
6 _w ,. .. ,,,, a, iialrQ„iCieases List vroperty Owners Mailing Address
RECORD & RETURN TO: Vacant Land
TD
-4 i
v
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January 101h and on or before May 31St
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding .property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 95773004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631) 451-9009 (631) 749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 1.1787
(631) 324-2770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y.. 11751 Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
a.
Judith A. Pascale
Suffolk County Clerk
12-0104..06/06kd
r
CORRECTION
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS CORUCTION DEED_ OF DEVELOPMENT RIGHTS EASEMENT, is
made on the day of, 1� 2014 at Southold, New York. The
parties are ALLAN ARRIETA, c/o Kevin McLaughlin, Esq. 44020C Middle
Road, Southold, New York 11971 (herein called "Grantor"), and the TOWN
OF SOUTHOLD, a municipal corporation, having its principal office at 53095 11171
-
Main Road, P.O. Box 1179, Southold, New York`(herein call ""Grantee"). This
{ correction Grant of Development Rights Easement is being given to correct
the metes and bounds description in the Grant of Development Rights
Easement recorded in L. 12499 p 272.
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# 1000-94-3-1.13 more fully described in SCHEDULE A attached
hereto and made a part hereof and shown on the survey prepared by John
C. Ehlers Land Surveyor, dated January 30, 2007 and last revised March 5,
2007, a reduced copy of which is attached hereto and made a part hereof,
and hereinafter referred to as the "Property"; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently undeveloped and in a fallow
condition; and
WHEREAS, it is the policy of the Town of Southold, as articulated in
the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by
the Town Board, Town of Southold, and Section 272-a of the Town Law to
protect environmentally sensitive areas, preserve prime agricultural soils, to
1
protect the scenic, open space character of the Town and to protect the
Town's resort and agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, 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
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of SEVEN HUNDRED AND EIGHTY
THOUSAND Dollars ($780,000.00) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged,* the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Development Rights Easement, in gross, which shall
be binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD 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 exclusive right of occupancy
and of use of the Property, subject to the limitations, condition, covenants,
agreements, provisions and use restriction hereinafter set forth, which shall
constitute and shall be servitudes upon and with respect to the Property.
The Grantor, for himself, and for and on behalf of his legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
* The Consideration recited herein has previously been paid
2
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens 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 the laws of the State of
New York State 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 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. This Deed 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,
scenic, agricultural, and natural values by preventing the use or
development of the Property for any purpose or in any manner contrary to
the provisions hereof, in furtherance of federal, New York State and local
conservation policies.
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 Environmental Conservation
Law Article 49-0301, et. seq. and General Municipal Law Section 247. Similar
recognition by the federal government includes Section 170(h) of the
Internal Revenue Code and other federal statutes.
0.05 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
the present condition of the Property's natural, scenic, agricultural, and
3
aesthetic resources and otherwise to aid in identifying and documenting the
Property's agricultural values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, a survey dated January 30, 2007 last revised March 5, 2007
prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental
Site Assessment dated January 18, 2007 by Nelson, Pope & Voorhis, LLC.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definition
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for anything other than
agricultural production as that term is presently referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code of the
Town of Southold (the "Code") and as provided in this easement.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
4
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
SALE
GRANTOR, for good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity, together with
all rights to enforce it. Grantee hereby accepts this Easement in perpetuity,
and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee and other
applicable provisions of the Town Code and 4.06 of this Easement. For
purposes of this Easement, "structure" shall be defined as anything
constructed or erected on or under the ground or upon another structure or
building, including walkways. Structures shall not include trellis, fences,
posts and wiring, farm roads or farm irrigation systems, or fencing used in
connection with bonafide agricultural production, including without limitation
fencing to keep out predator animals. Approvals for these shall be as
required by applicable provisions of the Town Code.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property or in connection with necessary drainage or soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
5
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 Property be changed except to
construct and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil management, or in
connection with normal agricultural/horticultural activities, without the prior
written consent of Grantee.
3.03 Subdivision
The Property may not be subdivided pursuant to Town Law Sections 265, 276 or
277 or Section 335 of the Real Property Law, as they may be amended, or any other
applicable State or local law. 'Subdivision" shall include the division of the Property
into two or more parcels, in whole or in part. Notwithstanding this provision, the
underlying fee interest may be divided by conveyance of parts thereof to heirs or next
of kin by will or operation of law. Further, notwithstanding the restrictions contained in
this 3.03, Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by the Town Code, reconfigure existing property
lines for the purpose of incorporating adjacent or contiguous parcels into the Property
for the purpose of agricultural production. All resulting parcels must be at least 7 acres
of preserved land.
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 Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices, 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 name 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.
6
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property
shall be prohibited without the prior written consent of the Grantee, except
for drywells, drainage or systems used to service permitted agricultural or
conservation uses on the Property. Utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways, and
may be used to service the permitted structures on the Property or on any
reconfigured parcels created pursuant to Section 3.03 herein.
3.07 Prohibited Uses
The use of the Property for any permanent or temporary residential,
commercial or industrial use, shall be prohibited. For the purposes of this
section, agricultural production, as that term is referenced in Section 247 of
the General Municipal Law and/or defined in Chapter 70 of the Town Code,
shall not be considered a commercial use. No improvements or activity
inconsistent with current or future agricultural production shall be permitted
on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely 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
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.
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited, except to service permitted structures on the Property. The use
of the Property for a drainage basin or sump shall be prohibited, except in
accordance with sound agricultural management practices and in order to
control flooding or soil erosion on the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
7
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
in Section 4.06, and the parties agree that such 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
Subject 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.
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.
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.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is referenced in Section 247 of the General Municipal
Law and/or defined in Chapter 70 of the Town Code, provided that such
activity shall be conducted in accordance with the purposes of this
Easement. Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code, structures shall be prohibited except as set
forth in Section 4.06.
8
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Code of the Town of Southold and subject to the approval of the
Town of Southold Land Preservation Committee, provided the improvements
are consistent with and do not derogate from or defeat the Purpose of this
Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for the
use and enjoyment of the Property;
(ii) New construction, structures, provided such structures are
used for agricultural production;
(iii) Renovation, maintenance and repair of existing structures
or those built pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural production.
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.
C. 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 minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance 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 impractical, erection of a structure of comparable size, use,
and general design to the damaged structure shall be permitted in kind and
within the same general location subject to the review and written approval
of Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before taking any action or
before exercising any reserved right with respect to the Property, which
9
could adversely affect the environmental, scenic, open space, and
agricultural values which are the subject of this Easement. This includes the
construction of any permanent or temporary structures as provided in
Section 4.06 herein. Grantor shall provide Grantee with complete
documentation including any applications, information on the need for and
use of such structures, and architectural plans of any proposed structures, if
applicable.
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.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
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, without modification or amendment of
the terms of this Easement, and shall incorporate this Easement by
reference, specifically setting forth 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.
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
Property, including any taxes or levies imposed to make those payments
subject, however, to Grantor's right to grieve or contest such assessment
and defer payment pending such action. 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.
10
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Property or from any
taxes, levies or assessments upon it or resulting from this Easement, all of
which shall be considered Grantor's obligations.
5.03 Grounds Maintenance Requirement
Grantor may remove or restore trees, shrubs or other vegetation when
dead, diseased, decayed or damaged and may thin and prune trees.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, not more frequently than annually, and
in a manner that will not interfere with Grantor's quiet use and enjoyment of
the Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee shall
not have the right to enter upon the Property for any other purposes, except
as provided in Section 6.03, or to permit access upon the Property by the
public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, 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,
livestock or livestock products resulting from such causes.
11
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be 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 agricultural 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 Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property 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.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within 15 days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered mail, return receipt requested, or by certified
mail, with sufficient prepaid postage affixed and with return receipts
12
requested. Mailed 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 6.04. Mailed notice to Grantee shall
be addressed to its principal office, recited herein, marked for the attention
of the Supervisor and the Town Attorney, or to such other address as
Grantee may designate by notice in accordance with this Section 6.04.
Notice shall be deemed given and received as of the date of its manual
delivery or three business days after the date of its mailing.
6.05 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
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in Section 0.03,
extinguish or modify this Easement in accordance with applicable law. In that case, 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 governmental entity, then this
Easement shall terminate with respect to the Property, or portions thereof so taken or
condemned, and the Property shall not be subject to the limitations and restrictions of
this Easement. In such event, the Grantor, its successors or assigns, shall not be
required to pay any penalties, but the value of the Property shall reflect the limitations
of this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural and/or open space value
of the Property and if the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be payable to the
Grantee in proportion to the value attributable to the development rights transferred
hereby.
13
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
This Conservation Easement may be amended only with the written consent of
Grantee and current Grantor. Any such amendment shall be consistent with the
Purpose of this Easement and shall comply with all applicable law and any regulations
promulgated thereunder. Any such amendment shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under I.R.C. Section 170(h). The
parties agree to amend the provisions of this Easement if such amendment
shall be necessary, to entitle Grantor to meet the requirements of Code
Section 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 rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 25 or 59, as
applicable, of the Town Code of the Town of Southold, 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 the
property rights or interests which were acquired by the Town prior to any
such amendment.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court, shall not be
invalidated. 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 determined to be invalid or
14
unenforceable by a court shall be severed from the other provisions, which
shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
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 Property 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 Property, 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 Property, or to use images of
the property for commercial gain.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
15
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 Proceeds
The grant of this Easement gives rise to a property right, immediately
vested in Grantee, which, for purposes of calculating proceeds from a sale or
other disposition of the Property as contemplated under Section 6.06
("Extinguishment of Easement"), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the
"Proportionate Share"). The Proportionate Share is determined by dividing
the value of this Easement, calculated as of the date hereof, by the
unencumbered value of the Property, also calculated as of the date hereof.
The Proportionate Share shall remain constant (subject to reasonable
adjustment to the extent permissible under Section 170(h) of the Internal
Revenue Code for any improvements which may hereafter be made on the
Property).
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Deed of Easement on the day and year set
forth above.
ACKNOW GED AND ACC, PT
ALLAN A RIETA, by J. Ke
McLaughlin, his attorney-in-fact
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SO HOLD(Grantee)
BY: �
Scotf A. Russell
Supervisor
16
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this 4 day of January in the year 2014 before me, the undersigned,
personally appeared J. Kevin McLaughlin 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
ROBERT DEFRESE
'�4
P DE5035'i17
-Ex
:.. Ouober24. d-01 y
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
f- u-
3� On this 3l day of January in the year 2014 before me, the undersigned,
personally appeared Scott A. Russell, 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 Oublic
VWREN K STANDISN
ft"Flub ft State of New York
No,tNST6164008 0 i 5 i v f 6 Li co'e
Omm"M Suffolk County
8" AP619.20iS
17
k�tri�AT3.1,��'25ttlA�
may W10 )o aftim.t to
�tt3 �n 1i°ti¢A
....... ..
i
Fidelity National Title Insurance Company
TITLE NO.F13-7404-90207-SUFF
SCHEDULE A-1 (Description)
AMENDED 11/4/13
ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and
State of New York, known as Lot 2 on a certain map entitled, "Map of Conservation Subdivision of Oregon Road Parcel"
filed in the Office of the Clerk of the County of Suffolk on 06/25/2009 as Map No. 11709, bounded and described as
follows:
BEGINNING at a point on the Northwesterly side of Oregon Road at the Southwesterly corner of the premises herein
described; said point being distant the following three courses and distances from the corner formed by the intersection of
the Northwesterly side of Oregon Road and the Easterly side of Elijah's Lane;
1.North 53 degrees 08 minutes 10 seconds West along a tie line, 56.81 feet;
2. North 63 degrees 53 minutes 30 seconds East along the Northwesterly side of Oregon Road 150.00 feet to the
Southeasterly corner of premises of land now or formerly of Badagliacca;
3. North 63 degrees 54 minutes 30 seconds East still along the Northwesterly side of Oregon Road 216.86 feet to the true
point or place of beginning;
THENCE North 26 degrees 13 minutes 40 seconds West 224.20 feet;
THENCE South 64 degrees 20 minutes 00 seconds West 189.66 feet;
THENCE North 25 degrees 40 minutes 00 seconds West 650.24 feet;
i
THENCE South 64 degrees 20 minutes 00 seconds West 175.00 feet to land now or formerly of Rowehl;
THENCE South 25 degrees 40 minutes 00 seconds East,along last mentioned land,296.20 feet;
THENCE North 63 degrees 53 minutes 30 seconds East, 150.00 feet;
THENCE South 25 degrees 40 minutes 00 seconds East,581.00 feet to the Northwesterly side of Oregon Road;
THENCE North 63 degrees 54 minutes 30 seconds Fast, along the Northwesterly side of Oregon Road, 216.86 feet to the
point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real proper!)).
FOR CONYF.YANCINC ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULEA-1 (Description)
Rev.(03/04)
SURVEY OF PROPERTY
SITUATE.MATTiTUGK
TOM 50VTHoL.D
FOLK Gamm NY N
m aao-aom w E
•M�rIQ Pil3Jpp1
strax catrtr rAK
IOCD-M e_I.D
000-Ipp-1-O \ 8
rsarvwm�r.araovaw.m
rwrtor�a'aptn d'
10°°m ar��enwuq �
. t
y �1
100
DETAIL 6RApNIG 90AI.E V-bo• /
r
V G
-TES.
� MONlCIr�gRO .�fJCi��C
O`9VLL NCY..6f1,1F?I[K IJ•bGM IGIaPS IIN(r •j�
ocvein, ,nl..Ins socv.van.�aseoo ac nn000 Haas GP."C sOALE P-1w.
Ml IW .TORN C. $
oevtt�plr I r ARIA k v u cR 36 36 I�4P8 rlAirl4lARLR[ LAND SURVEYC
0 100 2W 700 XVnHffA16M7.jMl KYAI=M
764tlapj%-j2V �+lYO�7-1Wp.