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HomeMy WebLinkAbout37666-Z Ffi TOWN OF SOUTHOLD Al ra BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 37666 Date: 12/3/2012 Permission is hereby granted to: Peconic Land Trust Inc 296 Hampton Rd PO BOX 1776 Southampton, NY 11969 To: construct two 16' X 24' Greenhouses per Planning Board & Land Preservation approval At premises located at: Youngs Ave, Southold SCTM #473889 Sec/Block/Lot# 61-1-25.4 Pursuant to application dated 11/20/2012 and approved by the Building Inspector. To expire on 6/4/2014. Fees: ALTERATION OF ACCESSORY BUILDINGS $300.00 CO -ACCESSORY BUILDING $100.00 Total: $400.00 Building Inspector FIELD N WORT DATE COMMENTS b FOUNDATION(1ST) � cn- ..rr.rr.r.rrr..rrw.rrrrr.....r.. FOUNDATION(2ND) T O ROUGH FRAAMNQ& y PLUMING INSULATION PER N.Y. H STATE ENERGY CODE n • •• . 4 J i NA L/ ADDITIONAL COMMENTS Ali q • � p� b C?i TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST r BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:(631)765-1802 Planning Board approval FAX:(631)765-9502 Survey Sou tholdTown.North Fork.net PERMIT NO.��� � Check Septic Form N.Y.S.D.E.C. Trustees (� Flood Permit Examined 20 L� l'� I Storm-Water Assessment Form ontact: Plr-4sP Cadl "6 Approved 20 M q p � n �01� Mail to: /111 J I Trf Disapproved a/ Aek— Phone: 11 Expiration 20 BLDG. DEPT , f �. TOW SO LD Building Inspector APPLICATION FOR BUILDING PERMIT '�1- Date M a H 20JJ INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. Kc yu'c LC1 h yuS 1 (Signature of applicant or name,if a corporation) � X (-7-10 (Mailing address of app scant yY ' D 1 State whether applicant is owner,l�ssde;ager}tjarchiYecY epgine'ee;general contractor, e RNT tt FEE: 0-0 BY G DEPART MENT AT Name of owner of premises C- F�eCL LT Stn G�840 TO 4 PM FOR THE (As on the tax roll or latest deed) F LOWING INSPECTIONS: If appli ant is a corporation,signature of duly authorized officer 1. FOUNDATION-TWO REQUIRED ..�• OR POURED CONCRETE ame and title o corporate officer) ,J ch n V. A He,f�, p'�'�'�OUGH-FRAMING,PLUMBING, STRAPPING, ELECTRICAL&CAULKING Builders License No. 3. INSULATION Plumbers License No. 4, FINAL-CONSTRUCTION&ELECTRICAL Electricians License No. a& 13 i h b ro0 1�S MUST BE COMPLETE FCR CO. Other Trade's License No. ALL CONSTRUCTION SH.41i FIFET THE I. Location of land on which proposed work will be done: REQUIREMENTS OF 1''rt C;,°'!ES OF NEW COS C2 R S Yens l_P YORK STATE, NOT F F� �� SLE FOR House Numbe J Street Ilamlct E"GNORCON 1 r" ,U, ERRORS County Tax Map No. 1000 Section �� Block_ _Lot A STaRM WATER RUNOFF Subdivision Filed Map No._ _Lot PURSUANT AFTER 236 OF THE TOWN CODE, 2. State existing use and occupancy of premiss and intended use and occupancy of proposed construction: a. Existing use and occupancy mrm b. Intended use and occupancy F6✓nq 3. Nature of work(check which applicable):New Building ✓ Addition Alteration Repair Removal Demolition Other Work (Description) 4.4. Estimated Cost n lCk Fee 4-300-00 (To be paid on filing this application) 5. If dwelling,number of dwelling units n h Number of dwelling units on each floor n e7._ If garage, number of cars t7 a 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. h a G 7. Dimensions of existing structures,if any:Front 1 0/ Rear 0 Depth Height 6� �2 S ' Number of Stories l '/z (I 16t Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories I (2.) 8. Dimensions of entire new construction:Front IL' Rear � Depth Height— 1 Z L Number of Stories 1 9. Size of lot:Front 671 , Rear 584',1//• f 3 Depth /.A Z4 72- 3 / p I, 10.Date of Purchase O8 Name of Former Owner f✓S' 14e_ Ur _ L 01-1- .1 1 • L M farYlPl vS 11.Zone or use district in which premises are situated - �3c) 12.Does proposed construction violate any zoning law,ordinance or regulation?YES NO ✓ 13.Will lot be re-graded?YES NO /Will excess fill be removed from premises?YESNO ✓ p I Po Lax I'1T& 14.Names of Owner of premises leccnI'G LanGl-roNddress 5r�¢ha..�ar1 t4y tpho e No. 1-283-3 1GS Name of Architect n I C+- Address Phone No Name of Contractor S6[rM nS a u.U r Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO * IF YES, SOUTHOLD TOWN TRUSTEES&D.E.C. PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?* YES NO * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to this property?*YES ✓ NO * IF YES,PROVIDE A COPY. STATE OF NEW YORK) �pp COUNTY A SS: U S 0 6o 1/,H . f&I SSQr being duly sworn,deposes and says that(s)he is the applicant (Name or individual signing con_jtr_,t)above named, (S)He is the �1 eJ t C�IJ ✓� 1 (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application: that all statements contained in this application are true to the best of his knowledge and belief.and that the work will be performed in the manner set forth in the application tiled therewith. Swo before me thi /� day o1' I0✓C{/1 20 12- 'ub ie Signature of Apr alit IM�Ma1Q011w� FOR INTERNAL USE ONLY P �A�nib 3)z� jia � SITE PLAN USE DETERMINATION Initial Determination Date: _/ / la Date Project Name: i Project Address: 3 005 Suffolk County Tax Map No.:1000-__k.;_3- Zoning District: Request: d (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: Initial Determination as to whether site plan is required: Signa ure of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: / / Date of Comment: / Comments: Signature of Planning Dept.-Staff Reviewer Final Determination Date: Decision: Rinnnfimp of Rrjildina InsnPCtnr R INTERNAL USE ONLY �`�'�" ' `l FOR C SITE PLAN USE DETERMINATION P Initial Determination Date: l I 1 a Date � Sent- Project Project Name: - Project Address: 3®as- ` Suffolk County Tax Map No.:1'000� - Zoning District: Request: e MT (Note: Copy of Building Permit Application and supporting documentati toAPR 1 3 2012 -proposed use or uses should be submitted.) BLDG.DEPT. Initial Determination as to whether use is permitted: TOWN OF S UTHOLD Initial Determination as to whether site plan is required: Signa ure of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: S / .2"71 Q— Date of Comment:_/ 1_Z L J a Comments, S1 Sign a#ure of Planning Dept.-St a eviewer Final Determination Dater Decision: Rinnnb ire of Rid cIi �In.q Pr t TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Aprill3, 2012 To: Steven Searl for Peconic Land Trust P O BOX 1776 Southampton, NY 11969 Please take notice that your application dated March 19, 2012 For permit to construct two greenhouses at Location of property: 3005 Youngs Ave., Southold County Tax Map No. 1000- Section 63 Block 1 Lot 25.4 Is returned herewith and disapproved on the following grounds: Pursuant to Article XXIV, Section 280-127, the proposed construction requires Site Plan approval from the Southold Town Planning Board. Authorized Signature CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. ` MAILING ADDRESS: PLANNING BOARD MEMBERS P.O.Box 1179 DONALD J.WILCENSKI O��OF SOUl�OI Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR ipeA COUrm,��' Southold,NY 1�'1 Telephone:631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 23, 2012 ! � � WE NOV 2 2012 Ms. Kimberly Quarty c/o Peconic Land Trust P.O. Box 1776 TQhri; Southampton, NY 11969 Re: Approval - Proposed Site Plan for Peconic Land Trust Greenhouses Located at 3005 Youngs Ave, t1/4 mile s/o CR 48, Southold SCTM#1000-63-1-25.3, 25.4 Zoning District: R-80 Dear Ms. Quarty: The following resolutions were adopted at a meeting of Southold Town Planning Board on October 22, 2012: WHEREAS, this proposed site plan is for tw 16' x 24' s.f.) greenhouses for agricultural use on a 21 acre (Town. Dev. Righ el in the R-80 Zoning District, Youngs Avenue, Southold; and WHEREAS, the applicant submitted an application for site plan review on May 15, 2012; and WHEREAS, on May 21, 2012, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality"Review (SEAR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and, therefore, not subject to SEQRA review; and Peconic Land Trust Page Two October 23, 2012 WHEREAS, on May 29, 2012, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on June 27, 2012, the Southold Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on July 9, 2012, a public hearing was held and kept open due to concerns raised by the public; and i WHEREAS, on July 31, 2012, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on August 13, 2012, the Planning Board closed the public hearing after the applicant addressed the concerns raised by the public to the Board's satisfaction; and WHEREAS, on September 21, 2012, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, the Southold Town Planning Board, pursuant to §280-133 C of the Southold Town Code, has the discretion to waive any or all of the requirements in §280- 133 for those applications involving uses strictly related to agriculture as long as they are not necessary to further the objectives set forth in Town Code §280-129 to maintain public health, safety, and welfare. The Planning Board has found that this application is eligible for a waiver of certain elements of the site plan requirements because it is an agricultural use; and j WHEREAS, the Southold Town Planning Board, pursuant to Southold Town Code §280-131 B (5), has the discretion to vary or waive the parking requirements for Site Plan Applications where doing so would not have a detrimental effect on the public health, safety or general welfare, and will not have the effect of nullifying the intent and provision of the Site Plan Requirements chapter of the Town Code. The Planning Board has found that this application is eligible for a waiver of parking requirements because there is no need to provide for parking - the application is for an agricultural use and part of an active farm operation and the parcel is large in size relative to the proposed structure (0.04% lot coverage); and WHEREAS, on October 1, 2012, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold have been met; and i WHEREAS, on October 16, 2012, the Southold Town Chief Building Inspector reviewed I and certified the proposed site plan as a permitted use in the R-80 Zoning District; be it therefore Peconic Land Trust Page Three October 23, 2012 RESOLVED, that the Southold Town Planning Board hereby waives the parking requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board hereby waives certain elements of the Site Plan Requirements as noted above; and be it further RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Agricultural Center', prepared by Dawn Liubenov on May 14, 2012, last revised August 20, 2012 and authorizes the Chairman to endorse the site plan. Please also note the following requirements in the Southold Town Code relating to site plans: - 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. 3. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 4. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. 6. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. • i I Peconic Land Trust Page Four October 23, 2012 If you have any questions regarding the above, please contact this office. i Very truly yours, Donald J. ilcenski Chairman Encl. cc: Building Dept. w/map Town Engineer w/map I i i i �l N OFFICE LOCATION: MELISSA A.SPIRO QF S0 Town Hall Annex LAND PRESERVATION COORDINATOR O�� y�1 54375 State Route 25 melissa.spiro @town.southold.ny.us O (corner of Main Road&Youngs Avenue) Telephone(631)765-5711 Southold,New York Facsimile(631)765-6640 �pQ MAILING ADDRESS: P.O. Box 1179 + Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 27, 2012 Stephen Searl D Peconic Land Trust, Incorporated P.O. Box 1776 F E B 2 2012 Southampton, NY 11969 Re: Request for Greenhouses on Town Development Rights asement TO,J�B1N O Ot. 0F S SC UI 2 D SCTM#1000-63-1-25.4(f/k/a Charnews Farm-3005 Yo u old) Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in your letter dated February 17,2012,for the construction of two small greenhouses within the Town's development rights easement. The Committee reviewed the easement for the property and feels that the use of these proposed greenhouses are consistent with the property's agricultural production activities. The Committee is approving the construction of two small greenhouses(each greenhouse being 16x24 ft)that you requested.These greenhouses have no heat source. Both are to be situated side-by- side adjacent to the southerly end of the existing barn within the Agricultural Structure Area that lies within the Development Rights Easement Area. Sincerely, Melissa Spiro Land Preservation Coordinator /md cc: Building Department w/request letter PECONIC LAND TRUST February 17,2012 Land Preservation Committee Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold,NY 11971 Re: Request for Charnews Farm(SCTM#1000-63-1-25.4) Dear Committee Members, The Peconic Land Trust requests permission to construct two small greenhouses(each greenhouse is 16X24 ft in size)adjacent to the southerly end of the existing barn. Please see the attached concept plan for location of same. Sincerely, Stephen A.W.Searl Project Manager Attachment 296 HAMPTON ROAD I P.O.BOX 1776 1 SOUTHAMPTON,NY 11969 1 TEL:631.283.3195 1 FAX:631.204.0711 www.peconiclandtrust.org N E S existing barn approx. 45' fr edge of ba g ro p used ree ses approx. 28 minim : 35' from from f enceline erty boundary 20' gate---�.- PECONIC LAND TRUST 6296 Hampton Road I P.O.Box 1776 A Center Proposed Property Owner: Southampton,New York 11969 g Properly Owner:Peconic Land Trust (631)283-3195 Town of Southampton Greenhouses Prepared by Dawn Liubenov;30 January 2012 Suffolk County,New York www.PeconicLandTrust.org proposed green uses 25 • • 35 gate screeni • blue spr ce hedgIro lot. , lip PECONIC LAND TRUST' 296 Hampton Road I P.O.Box 1776 SCTM#:1000-63-1-35.4 Southampton,New York 11969 Agricultural Center Aerial Photo:www.bing.com 2012 (631)283-3195 Town of Southold Proposed Site Plan Property Owner:Peconic Land Trust Prepared by:Dawn Liubenov;20 August 2012 Suffolk County,New York www.PeconicLandTrust.org c. • • 1' i u E i 6; PECONIC LAND TRUST 296 Hampton Road I P.O.Box 1776 SCTM#:1000-6 ww.b.4 Southampton,New York 11969 Agricultural Center Aerial Photo:www.bntg.com 2012 Southampton,amps n, Town of Southold Proposed Site Plan Property Owner:Peconic Land Trust Prepared by:Dawn Liubenov;20 August 2012 Suffolk County,New York www.PeconicLandTrust.org THE UNDERSIGNED,PURSUANT TO SOUTHOLD TOWN CODE S.CCT'L N 100-254(I),ACKNOWLEDGES THAT THE CONDITIONS OF THE SITE.PLAN APPROVAL SET FORTH IN THE RESOLUTION OF APPROVAL DATED ZL /1/20Z, ARE ACCEPTED(//SEE CONDITIONS ON RESOLUTION). PLEASE PRINT NAME Sfe' ew f -' r�- AUTHORIZED SIGNAT[7I�E �� TITLE DATE APPROVED BY TOWN OF SOUTHOLD PLANNING BOA-111D CHAIRPERSON SIGNATURE DATE NOTE:The approved site development plan shall be valid for a period of eighteen(18) months from the date of approval as per code section 100-255. - PECONIC LAND TRUST 0 March 16, 2012 Town of Southold Building Department Town Hall Southold, New York 11971 RE: Application for Building Permits to install (2) greenhouses 3005 Youngs Avenue, Southold, NY Dear Sir/Madam: Enclosed please find the following in connection with the application for building permits for two (2) greenhouses at the above-captioned location: • Complete application for building permit inclusive of our Check#25565 in the amount o#,$.W&and photos of constructed greenhouses; t • Plot plan entitled'Proposed Greenhouses', prepared by Dawn Liubenov and dated January 30, 2012; • Survey entitled'Survey of Property at Southold,Town of Southold, Suffolk County, N.Y.', prepared by Peconic Surveyors, P.C. and dated March 20, 2008, with latest revision dated June 6, 2008; • Town of Southold, Land Preservation Committee approval letter dated February/ 27, 2012; and `/ • Copy of Grant of Development Rights Easement dated June 9, 2008 between Peconic Land Trust, Incorporated and the Town of Southold. Should you have any questions or require any additional information, please feel free to contact me. Very truly yours, Stephen A. Searl D IS E V E Project Manager Enclosures MAR 19 2012 BLDG.DEPT. TOWN OF SOUTHOLD 296 Hampton Road I PO Box 1776 1 Southampton, NY 11969 1 Phone: 631.283.3195 I Fax: 631.283.0235 www.PeconicLandTrust.org GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the -- day of June, 2008 at Southold, New York. The parties are PECONIC LAND TRUST INCORPORATED, P.O. Box 1776, Southampton, New York 11969 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein call "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 part of SCTM #1000-63-1-25 more fully described as the "Development Rights Easement Area" in Schedule "A-1" attached hereto and made a part hereof and hereinafter referred to as the "Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 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 use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; 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 New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to 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 ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) 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 C. binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule ""A-'I 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: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is I��• 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 and Is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character In perpetuity for its environmental, 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. 2 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law 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 Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying.and documenting the Property's agricultural values 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 March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey"),, and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 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 uses or purposes consistent with the terms of this Easement including 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 "Town Code" or "Code") and including the production of crops, livestock and livestock products as 3 defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or code. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. 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 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 ALE 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 ("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, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator 4 , 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. 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 further 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, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. 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. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. 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 5 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. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, 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 and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities Inconsistent with current or future agricultural production shall be permitted on the Property. Any Improvements, structures, uses or activities permitted by this Easement shall not be deemed to be Inconsistent with agricultural production as defined above and shall not be prohibited. 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. 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. 6 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 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 any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership 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. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in 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, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the 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, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area 1 and Agricultural Structure Area 2, both described separately in Schedule A-1, attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. 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. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) above. 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. 8 D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 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. E. Agricultural Structure Area 2 Restriction. Structures and Improvements within Agricultural.Structure Area 2 described in Schedule "A-1" attached hereto (1) shall not exceed 2,000 square feet In the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining 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 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. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments 9 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. 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, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions 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 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or Independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, 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. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the .Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05 in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. 10 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 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in 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. 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 as a 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, (1) 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 11 (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 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 12 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. 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 easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and 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 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 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 unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law 13 • f 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 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. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 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. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST INCORPORATED, Grantor 14 By: by sl t ufieid nt Vice re ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: _ J hn P. Sepenoski Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this q day ofSuA1•L. in the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield personally known to me or proved to me on the basis of satisfactory evidence to be the individuals) whose names) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same In his/her/their capacity(les), 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 Notary Public State of New York No.01 DE5035117 Qualified in Suffolk County COMMission Expires October 24,--- ��� STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this Q day of Tu,-4 in the year 2008402090N before me, the undersigned, personally appeared John P. Sepenoski, 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 ndividual(s) acted, executed the instrument. ESE Notary Public Notary public State of Now York No.01025035117 Ouall ad in Suffolk County Commission Expires October 24, Z:\Town of Southold\CHARNEWS (PLT)\Easement 6408.doc 15 r - s Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-I (Description) DEVELOPMENT RIGHTS EASEMENT AREA S.C,T.M- 1000-63-01-FART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold, County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line.of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road(C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or form.orly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc.a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East,a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; TIME POLICY TO BEISSUZO under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property, FOR CONVEYANCING ONLY.' Together with all the right, title and interest of the panDt of the f rst part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDUL,t;A-1 (Description) Fidelity National Title Insurance Company of New York TITLE NO.08-7404.71368-SUFP SCHEDULE A-1 (Descriptiott) (Continued) THENCE along"Founders Village Condominium,Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium,Section I" and others•a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of Now York,being bounded and described as follows: BEGINNING at a point on the northerly line of".Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection.formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's .Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium,Section I" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 1 l minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold,Town of Southold,County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line THE iPOLICY TO SE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY. Together with all the right, title and interest of the part of theflrst part, of in and to the land 1}iing in the street in front of and adjoining said premises, SCHEDULER-1(Descriptinn) - Fidelity National Title Insurance Company of New York TITLE NO.08.7404-71368-SUFF SCHEDULE A-1 (Descrotion) (Continued) of North Road(C.R.48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying;and being at Southold,Town of Southold,County of Suffolk and State of New York,being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue(Young's Avenue) at a monument set at the intersection formed by the westerly line of"Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium,Section 1"a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly ofTalarieo; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue(Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York,and being bounded and described as follows: THEPOL.7CYTO REISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCINO ONLY, Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCREDULEA-1(Description) Fidelity National Title Insulrance Company of New York TITLIZ NO.08.7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) BEGINNING on the westerly side of Young's Avenue(formerly Railroad Avenue)at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West,567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East,526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East,98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East,410 feet; THENCE North 72 degrees 04. minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 fleet to the northwesterly corner of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East,along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue(formerly Railroad Avenue)South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly lino of land now or formerly of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue(formerly Railroad Avenue),South 8 degrees 35 minutes 30 seconds East,302.00 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 property. FOR CONVEYA NCING ON,L Y. Together-with all the right, title and Interest of the part of the first part, of in and to the land lying In the street in front of and adjoining said premises, SCHEAULEA•1(Description) �i lit y„ k x � , Kai: .��: .�.;� ..' � �. �" �► .._ r :. � -. vx �! A -. '" �T. 1Wr , _. ,. Width = 16'; Length = 24' 20', 24'&30' Clear or white 6 mil. UVI treated polyethylene Starting at 16'with increments of 4' or 6' Clear or white 6 mil. UVI treated polyethylene 12' (20' &24'models), 12'-4" (30' models) 1.66"O.D. 14ga. galvanized steel tube (20' &24' models) 2"O.D. 14ga. galvanized steel tube (30' models) 4'or 6' 1.315"O.D. 17ga. galvanized steel tube Sldewall height 4. _ Il I i i I 6 1 t 1 1 Nei""to apex: -0* Avaltable in 2(1;24'&30'vrdih5 Available voth frame spacing of 4'or 6' SURVEY OF PROPERTY A T SO UTFI'OLD N TOWN OF SO UTHOLD SUFFOLK COUNTY; N. Y. 1000-63-01-25 SCALE- 1'100' MACH MARRH 2O2a 2008 N/SCHLAOH�ER ` APRIL 8, 2,0080(CERTF/CAR ONS)> CHER E MAY 27, 2008 DEVELOPMENT RIGHTS) JUNE 6, 2008 (REVISIONS) P� ` i�/0/AN �EM 'Q . . - ..- GARY � JO rn� - "E REBAR W CJ:/N 004�° � SET I OWO '2 ) 00 Y , m U@�ARp 28'1�� 5.0� m 150 Soft, e FE o �n 0 g 3.8 0 7'5 � 0 � ANNE 3.07, � °'' �/ 155• 4. 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S76 �L.�AOE MON AREA? 401;* F " 1 NOERUN 1 (CORM OU 5EC� O �,h5 0 2k =_ O t � in ,i E" � �0 Ln 0 7-H MP ��10. 9 OUSE r OAT ONO; P� U)� L.�p pE MON ARE 5 pERs v 1 (CO tzl O FOUSEO�ON zm n 866.34' ' Fo 6•s F N/0 M�4�ER 0 N/0& OE'BREA KAREN CERTIFIED TOt ANON p8�J-tjo F/DEL�TY NAT IONALSTITLE INSURANCE COMPANY o Sip TOWN OF SOUTHOLD � �S0F:Pde�� � ['ilea 1 ; JUN - 6 2008 �•GO -_ `' .S. LI G. NO. 49618 ANY ALTERA110N OR ADDITION TO THIS SURVEY IS A V10LATlOP! P.C. DEPT.OF LAND OF SECTION 72090F THE NEW YORK ,)TATE EDUCATION LAW. 6 - AX. (631) 765-1797 PRESERVATION ' EXCEPT AS PER SECTION 7209-•SUBD:VISION 2. ALL CERTIFIC�1?;^NS _......:::. _ ..-.. y ..._..._..._ =MONUMENT TOTAL, PARCEL P.O. HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF 0 =PIPE SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SUR vEYOR 1230 TRA I�ELER STREET' 0��1 ® =STAKE AREA ,:.3.4004 ACRES WHOSE SIGNATURE APPEARS HER�.ON. SOUTHOLL), N. Y. 11971 I