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HomeMy WebLinkAboutL 12207 P 424 I Illl!!I IIII IIIII Illl1 IIlll lull IIIII IIllI!1111 IIII Ill! 1 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 09/05/2002 Number of Pages: 14 At: 04:12:10 PM TRANSFER TAX NUMBER: 02-05420 LIBER: DO0012207 PAGE: 424 District: Section: Block: Lot: 1000 074 .00 04 .00 004 .001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $42.00 NO Handling $5.00 NO COE $5.00 NO NYS SURCHG $15.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $0.00 NO RPT $130.00 NO SCTM ' $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $202.50 TRANSFER TAX NUMBER: 02-05420 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 7r- r a, � 2 3 Number of pages RECORD ED TORRENS 2002 Sep 05 04:12:10 PM 1 Edward P.Romaine Serial# CLERK OF SUFFOLK COUNTY Certificate N L D00012207 P 424 Prior Ctf.# DT# 02-05420 Deed/Mortgage Instrument Deed t Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee 14 Mortgage Amt. Handling 1.Basic Tax 1'E'-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total SpecJAssit. Or EA-5217(State) Spec./Add. a R.P.T.S.A. _��t,.0tt7f TOT.MTG.TAX Dual Town Dual County Comm.of Ed. S QV__ !y 1{eld for Apportionment Affidavit 4+ 'Transfer Tax Certified Copy Mansion Tax The property covered by this mortgage is or Reg.Copy ��rU will be improved by a one or two family /J Sub Total dwelling only. Other ^^�� YES or NU GRAND TOTAL d� If NO,see appropriate tax clause on page N of this instrument. Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist_ Section B lock t ter. Consideration Amount $ CPF Tax Due $ 2 Improved Vacant Land X lnitfal� � _ J 7 Satisfactionsiutscnarges/Keleases List Property Owners Mailing Address TD J RECORD&RETURN TO: Town of Southold TD 531395 Main Road Southold, NY 11971 8 Title Company Information Co.Name i� L i AT A 14 T Title# 9 Suffolk County Recording & Endorsement Page This page forms part of the attached Conservation Easement: madebv: (SPECIFY TYPE OF INS'1RUM1N1') Peconic Land Trust, Incorporated The premises herein is situated in SUFFOLK COUNIY,NEW YORK. f0 Inthc'fownshipof Southold Town of Southold in the VILLAGE or HAMLET of /'fie C1N BOXES 5 TI IRU 9 MUST BE TYPED OR PRIMED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) Doc ID: .. 02032250 .Tax Maps District Secton Block Lot School District Sub Division Name 1000 07400 0400 004001 ' 1000 07400 0400 004002 SOUTHOLD 1'000' 07400 0400 004003 SOUTHOLD 1000 07400 0400 004004 SOUTHOLD 1000 07400 0400 004005 SOUTHOLD 1000 07400 0400 004006 SOUTHOLD I• i w The Suffolk County Real Property Tax Service Agency does not in any manner guarantee the completeness or accuracy of the information contained on this page I CONSERVATION EASEMENT (Deets of Development Rights) {' THIS DEED OF CONSERVATION EASEMENT,is made on the),Iday ofA"J"8002 at Southampton,New York. The parties arc the PECONIC LAND TRUST,INCORPORATED,a not-for-profit New York Corporation,having a principal office at 296 Hampton Road,P.O.Box 1776,Southampton,New York 11969(herein call"Grantor')and the TOWN OF SOUTHOLD, a Municipal Corporation,having a principal office at 53095 Main Road,Southold,NY 11971 (herein called Grantee). INTRODUCTION WHEREAS,Grantor is the owner in fee simple of 6 lots totaling 12.2-acres of real property located in the hamlet of Peconic,in the Town of Southold,Suffolk County,New York, identified as SCTM#'s 1000-74-4-4.1.4.2,4.3,4.4,Q5,and 4.6 and is more fully described in SCHEDULE A attached hereto,made a part hereof,and hereinafter referred to as the"Property'; and WHEREAS.Grantor wishes to grant a Conservation Easement on the 12.2-acre parcel of Property to extinguish the six(6)development rights on the Property so that it shall remain in its open,undeveloped,natural and scenic state;and WHEREAS,the Property contains soils classified as Class I and Class 11 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 located in the Agricultural Conservation Zoning District which,according to the Town Code of Southold,Article III,Section 110-30,is to prevent the unnecessary loss of those currently open lands within the Town containing large,contiguous areas of prime agricultural soils and provide the open rural environment valued by the Town's residents and tourist population;and WHEREAS,it is the policy of the Town of Southold,as articulated in the Town's comprehensive planning documents 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,Article 57 of the New York State Environmental Conservation Law,Section 57-0101 ct.se ..entitled Lon Island Pine Barrens Maritime Reserve Act, declared it to be in the public interest to protect and manage the Pine Barrens/Peconie Bay maritime system, including the Property;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,open space,and natural 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 Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 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. 1 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 authorized under Section 64 of the New York Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land,including development rights,easements,covenants, and other contractual rights,which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental,natural,scenic,and open space values of the Property and have the common purpose of preserving these values.This Deed is intended to convey a Conservation.Easement on the Property by Grantor to Grantee,exclusively for the purpose of preserving its open space character in perpetuity for its environmental,scenic,open space,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 Grantee's Warrant Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property,and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land. 0.05 Documentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's resources and otherwise to aid in identifying and documenting the Property's open space 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,Grantor has prepared,with Grantee's cooperation,an inventory of the Property's relevant features and conditions(the"Baseline Documentation"). This Baseline Documentation includes,but need not be limited to,a Conservation Easement Map marked EXHIBIT A,an aerial photograph,photographs of the Property,a topographical map,a description and site plan of existing land uses,features,and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof,the parties shall not be foreclosed from utilizing any other relevant or material documents,surveys,reports,photographs,or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts,mutual promises,undertakings,and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. 2 ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement(herein called the"Easement"). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited herein. Reference to this"Easement'or its"provisions"shall include any and all of those covenants, restrictions,rights,terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effcct This Easement shall tun 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 GRANT GRANTOR,for 5400,000.00 and other good and valuable consideration hereby grants, i 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: 101 Structures No structures or non-agricultural improvements are permitted on the Property including, but not limited to residential,commercial,or industrial buildings,permanent or temporary, except as specifically allowed in Section 4.06. 3.02 Excavation and Removal of Materials Minine The excavating or filling of the Property shall be prohibited without the prior written consent of Grantee,which shall not he withheld if the activity does not defeat or derogate from the purposes of this Easement. 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,without the prior written consent of Grantee,which shall not be withheld if the activity,structure,or improvement does not defeat or derogate from the purposes of this Easement. 3 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee,which shall not be withheld if the subdivision or partition does not defeat or derogate from the purposes of this Easement. 3.04 Dump 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. 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 name and address of the Grantor and/or Grantee,(b)to post the Property to control unauthorized entry or use,or(c)to announce Grantee's conservation easement.Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. 3.06 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;provided that this prohibition shall not be construed as extending to agricultural operations and practices(including,without limitation,the use of agrochcmicals such as fertilizers,pesticides,herbicides,and fungicides) that arc in accordance with sound agricultural management practices of the US Department of Agriculture's National Resource Conservation Service. 3.07 Landscaping Activities The cutting or harvesting of timber on the Property,and the clearing or removal of trees, shrubs,or other vegetation is prohibited,except for the following purposes: (a)to clear and restore forest cover that has been damaged or disturbed by forces of nature or human activity,(b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement,as determined by the Grantor in its sole discretion,(c)to remove or restore trees,shrubs,or other vegetation when dead,diseased, decayed,or damaged,and(d)to create and maintain the permitted structures and improvements. 3.08 Uses Non agricultural uses of the Property are prohibited,including but not limited to residential,commercial,commercial recreational,or industrial uses.The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 3.09 Drainaac 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 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 that may be created through a rezoning of the Property)on the Property and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 4 ARTICLE FOUR GRANTOR'S RIGHTS i 4.01 Ownership Subject to the provisions of ARTICLE THREE,Grantor shall retain all other customary rights of ownership in the Property,some of which are more particularly described in this ARTICLE FOUR. i 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. f 4.02 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,New YorkState, or federal law. I 4.04 Landscaping,Activities Grantor shall have the right to continue the current 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. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity including the raising and cultivation of crops,livestock and livestock products as set forth in Chapter 25 of the Southold Town Code,Agricultural Lands Preservation,provided that such activity shall be conducted in accordance with the purposes of this Easement and subject to other restrictions set forth in this conservation easement(or deed of development rights),including but not limited to the restrictions set forth in Section 3.01 herein. The use of the Property shall be restricted to open land actually used in bona fide agricultural production. 4.06 Structures Grantor shall have the right to erect and maintain the following non-residential improvements on the Property that are necessary to and consistent with the agricultural uses as permitted in Section 4.05 hereof,with the prior written consent of Grantee: (i) The existing barn and framed shed on the property may be renovated and/or rebuilt with a footprint not to exceed 150%of the original footprint.Any renovation and/or rebuild of said ham and said shed,shall take place within the existing location of said structures,as noted on a survey dated July 5,2002 and prepared by Peconic Surveyors. In no event shall the shed and/or the barn be relocated to a different site with out the prior written consent of Grantee. (ii) Access drives,to provide access to the improvements permitted by this Section 4.06;andmust be permeable sufaccs. (iii) Underground facilities used to supply utilities,septic systems,leaching fields, irrigation systems,and wells,and control stormwater runoff from the improvements permitted under the terms of this Section 4.06. 5 (iv) Fences,if they are placed so that they do not block or detract from the scenic view,may be constructed but require the prior written approval of the Land Preservation Committee of the Town of Southold. 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 could adversely affect the environmental, scenic,open space,and agricultural values which arc the subject of this Easement. Such approval,disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.08 Alienability Grantor shall have the right to convey all or any part 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,libcr 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 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys' fees,judgments or expenses to Grantee or any of its officers,employees,agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement,all of which shall be considered Grantor's obligations. i 5.02 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability,costs,attorneys' fees,judgments,or expenses to Grantee or any of its officers,employees,agents or independent contractors resulting: (a)from injury to persons or damages to property arising from any activity on the 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. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection I Grantee shall have the right to enter upon the Property at reasonable times,upon prior notice to Grantor,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 6 purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose,except as provided.in Section 6.03,nor 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,and earth movement,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 resulting from such causes. 6.03 Enforcement Rip-hts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement arc 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 forty rive(45)days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach,default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction, (ii) To enter upon the 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 Gruntee'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. In the event that Grantee prevails in any legal proceeding brought under the provisions of i this Section 6.03,Grantor shall pay,either directly or by reimbursement to Grantee,all reasonable attorney's fees,court costs and other expenses incurred by Grantee(herein called "Legal Expenses")in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief,and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 7 6.05 Assi nas bility Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement,and any and all of its rights,title and interest in and to this Easement only to a qualified organization(herein called"the Assignee"). As used herein:the term"qualified organization"means a not-for-profit corporation,or a governmental unit or agency,which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law,and is a qualified organization within the meaning of the IRS Code,Section 170(h)(3),which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A)of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment,subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement,or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C.Section 170(h)(3),then this Easement shall be vested in such qualified corporation,body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If,on the occurrence of any of these events,Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights,title and interest in and to this Easement to a qualified organization,then the rights and responsibilities under this Easement shall become vested in another qualified organization,in accordance with a cy pms proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.07,the fair market value of such right and interest shall be equal to the difference,as of the date hereof,between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby(such difference,divided by the fair market value of the Property unencumbered by this Easement,is hereinafter referred to as the"Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby,resulting in an extinguishment of this Easement by a judicial proceeding,Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment,or a transfer made on account of the exercise of the power of eminent domain,the sale price or condemnation award shall establish fair market value. Absent such a sale,the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate,or other authority,or otherwise acquired by such authority through a purchase in lieu of a taking,so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof,Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to,and not in limitation of,any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 8 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 can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land.Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof,provided,however,that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49,Title 3 of the Environmental Conservation Law of the State of New York,as the same may be hereafter amended,any regulation issued pursuant thereto. 7.03 Sevcrability 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 :educed 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. 7.04 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 7.04. Mailed notice to Grantee shall be addressed to its principal office,recited herein,marked for the attention of the Town Attorney,or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects,including validity,construction, interpretation,breach,violation and performance. 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 interpretcd 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 9 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,the right of the public to enter upon the Property without the express permission of Grantor. 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. 7.11 Alienation As set forth in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated,except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election.No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment.This covenant shall tun with the land in perpetuity. 10 IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee,has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST,INCORPORATED(Grantor) BY: Ti ' t Ca Vice rest ent ACKNOWLEDGED AND ACCEPTED: r TOWN OF SOUTHOLD(Grantee) BY/oshua rr[i Hortonpisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this V day oft pp"rin the year 2002 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 individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the ` instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. CWA of Public JAMES C.MILLER Notary Public,Slate of New York NO. 01 MI8053516 Qualified In Suffolk County l� Commission Expires January S. STATE OF NEW YORK ) ; COUNTY OF SUFFOLK ) SS: Q� v I On this. day of (in the year 2002 before me,the undersigned,personally appeared Joshua Horton,personally known to me or proved to me on the basis of satisfactory ' evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature,on the instrument,the individual,or the person upon behalf of which the individual acted,executed the instrument. _saw No ary ublic JAMES C.MILLER Notary Public,State of New York No. 01 M16053516 Qualified In Suffolk County Commission Expires January 9, 7d)a 3 SCHEDULE A: Description of the Property 11 Fidelity National Title Insurance Company of New York TITLE.NQ.02-3704 4H1'!fl'-SUFF YY.3'77 SCHEDULE A-1 (Descriptlon) AMENDED 8/20/02 ALL that certain plot,piece or parcel of land,with buildings and improvements thereon erected,situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 1 to 6 inclusive, as shown on a certain map entitled, "Map of Nicholas Aliano," filed in the Suffolk County Clerk's Office on October 8, 1993 as Map No.9417,bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road C.R. 48 (North Road) distant 952.24 feet westerly as measured along the southerly side of Middle Road from the corner formed by the intersection of the southerly side of Middle Road and the westerly side of Paul's Lane; RUNNING THENCE South 21 degrees 41 minutes 20 seconds East 65.01 feet; � THENCE Easterly along the arc of a curve bearing to the left having a radius of 2989.79 feet a distance along said curve of 320.04 feet; THENCE South 29 degrees 36 minutes 20 seconds East 428.05 feet to the northerly side of Long Island Rail Road; THENCE South 58 degrees 29 minutes 10 seconds West along the northerly side of Long Island Rail Road 930.00 feet; THENCE North 40 degrees 15 minutes 00 seconds West 659.72 feet to the southerly side of Middle Road; THENCE North 68 degrees 18 minutes 40 seconds East along the southerly side of Middle Road 703.27 feet; { THENCE Easterly still along the southerly side of Middle Road along the arc of a curve bearing to the left having a radius of 2924.79 feet a distance along said curve of 45.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment%ill insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY Together xith all the right, title and interest of the party of thefirst part. of in and to tlx land lying in the street in front of and adjoining said premises. SCIIEDULE A-1(DDeser(ptian)