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HomeMy WebLinkAboutL 12795 P 469 111111 IIIII IIIII 1111 III! SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded; 11/12/2014 Number of Pages: 34 At: 12:02 :35 PM Receipt Number : 14-0149268 TRANSFER TAX NUMBER: 14-09404 LIBER: D00012795 PAGE : 469 District: Section: Block: Lot: 1000 055.00 02.00 010 .004 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,288,384.50 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $170.00 NO Handling $20 .00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $40.00 NO RPT $60 .00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $315.00 TRANSFER TAX NUMBER: 14-09404 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County as Number of pages�� RECORDED 2014 Nov 12 12:02:35 PM JUDITH P. PRSCRLE This document will be public CLERK OF SUFFOLK COUNTY record.Please remove all L D00012795 Social Security Numbers P 469 prior to recording. DT# 14-09404 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES 1 Page/Filing Fee i Mortgage Amt. 1.Basic Tax Handling 20.00 2. Additional Tax TP-584 I — SubTotal Notation SpeclAssit. I95-� or EA-52 17(County) — Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County — R.P.T.S.A. Held for Appointment Comm.of Ed. S. 00 Transfer Tax Affidavit • + Mansion Tax }t giQD The property covered by this mortgage is IN ified.Copy. or will be improved by a one or two Surcharge 15. 00 _ family dwelling only. Sub Total YES or NO Other Grand Total ( �w if NO, see appropriate tax clause on page# of this instrument. 1000 05500 0200 010004 - 10 4 Dist1p�� 2826966 5 Community Preservation Fund Real Property (gyp MIA lI {�fl�llllllil�l{ il� Consideration Amount$ 1 lA 3$'f,50 Tax Service 10-NOV-1 Agency CPF Tax Due $ Verification - -- - " " - Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TO TD TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Nam -g p_G www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Gr`�r 0 � :3)C�) rmCr4 made by: l (SPECIFY TYPE OF INST UMENT) ZJA�117 �Y�r fY� t\ 4t 4 , Lk .C- The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN ofa� In the VILLAGE or HAMLET of BOXES 6 THRU S MUST BE TYPED OR PRINTED 1N BLACK INK ONLY PRIOR TO RECORDING OR FILING. over GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the,�V .day of October, 2014 at Southold, New York. The parties are Moffat Farm North, LLC, with an address of 49900 Route 48, Southold, New York 11971, P.O. Box 526, Bolinas, California 94924 (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 called "Grantee") and the United States of America ("United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property and its value for resource preservation and as open space. 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 #1000-55-2-10.1, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Protected Property" and shown on the survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised 3uly 1S, 21144 (a reduced copy of which is attached hereto and made a part hereof an hereinafter referred to as the "Survey" - and 'J?p�embep_ oZO/YC4�g, L ),GA / ", AgAM, WHEREAS, the Protected Property is located In the Agricultural Conservation (A-C) Zoning District of the Town of Southold; and WHEREAS, the Protected Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 38381). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided Five Hundred Ninety-Three Thousand Seven Hundred Fifty and 00/100 DOLLARS ($593,750.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Protected Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Protected Property for agricultural production as defined in this Easement; and WHEREAS, the Protected Property is currently used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 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 §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 Protected 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 Protected 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 Protected 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 Protected Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of One Million Two Hundred Eighty-Eight Thousand Three Hundred Eighty Four and 50/100 DOLLARS ($1,288,384.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the 2 Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Protected Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Protected 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 fee title to the Protected Property, and the exclusive right of occupancy and of use of the Protected Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Protected Property. The Grantor, for itself, and for and on behalf of its 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 the owner of the Protected Property described in Schedule "A", free of any mortgages or liens, as set forth in Peconic Abstract, Inc. Title Report No. and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §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. 3 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Protected Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Protected Property. This instrument is intended to convey a Development Rights Easement on the Protected Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Protected Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Protected Property are compatible with the purposes of this Easement. In order to aid In identifying and documenting the present condition of the Protected Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Protected Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Protected Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an Inventory of the Protected Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated June 17, 2014, last revised july 18, 2014, prepared by Peconic Surveyors, P.C. and a Phase 1 I�AEnvironmental Site Assessment prepared by Nelson, Pope and Voorhis, LLC, dated May 21, 2014. 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 Protected Property or Its physical condition as of 4 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 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 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected 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") now, or as Chapter 70 may be amended and including the production of crops, livestock and livestock products as presently defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. 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. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. 5 // /0. t "Protected Property" shall mean the property SAect to this Easement, consisting of part of SCTM# 1000-55-2-X more fully described In the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised May 21, 20,14 fa reduced copy of which is attached hereto and made a part hereof). q 6)lzl "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. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, Including walkways. Structures shall not Include trellis, posts and wiring, farm roads, farm Irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Protected Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed In the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Protected Property In perpetuity. 1.04 Effect This Easement shall run with the Protected Property as an incorporeal Interest in the Protected 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 and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and Interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of Its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall Include all of those persons or entities. 6 ARTICLE TWO SALE GRANTOR, for One Million Two Hundred Eighty-Eight Thousand Three Hundred Eighty-Four and 50/100 DOLLARS ($1,288,384.50) 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 Protected Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Section 1.02 and Section 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Protected Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Protected Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Protected Property prior to the removal of 7 topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision The subdivision of the Protected Property is prohibited. This limitation on subdivision shall be binding upon Grantor, Grantor's successors, heirs and assigns. The legal or de facto division, subdivision, platting, partitioning or planned unit development of the Protected Property is prohibited. This restriction does not prohibit boundary line adjustments with adjoining agricultural land, provided that such boundary line adjustments do not result in any loss of acreage to the Protected Property, and that no new parcel is created by such boundary line adjustments. The provisions of this section 3.03 are subject to a further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 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 Protected Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Protected Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, n'umber, and design do not significantly diminish the scenic character of the Protected Property and only for any of the following purposes: (a) to state the name of the Protected Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Protected Property or any portion thereof for sale or rent, (c) to post the Protected Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce 8 Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The granting of easements for utilities and installation of new utilities (power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms) is prohibited as an encumbrance on the protected property rights of the United States. Notwithstanding that prohibition, grantor may grant easements for the installation of utilities necessary for permitted uses of the protected property, including without limitation the wind turbine and associated utility lines described below, provided that such installation is consistent with the purposes of this conservation easement and is done in such a manner as to minimize to the greatest extent possible impact on soils. Existing utilities may be replaced or repaired at their current location. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Protected Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground 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 Protected Property. The Protected Property may not be used for the creation or placement of utilities to service any other properties, except as provided below. Grantor shall also have the right to erect a wind turbine on the Protected Property, subject to all applicable Town and other governmental laws and regulations, including approval by the Land Preservation Committee. Energy generated from such wind turbine, if approved, may be used to service the Protected Property, the Reserve Area, and an adjacent property that is used for Grantor's agricultural operation. 3.07 Impervious Surfaces Impervious surfaces are defined to include permitted residential buildings, agricultural buildings (with or without flooring), and paved areas on the Protected Property (but not including public or country roads or other roads paved by easement holders who have rights that may be superior to the rights conveyed to Grantee by this Grant of 9 Development Rights Easement) may not exceed 7 (seven) percent of the total Protected Property acreage. 3.08 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Protected 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, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, 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 Protected Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Protected Property. 3.09 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 of the NRCS. 14 3.10 Conservation Plan All agricultural operations on the Protected Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.11 Conservation Compliance Provisions of the Conservation Plan As required by Section 12381 of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Protected Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following 11 written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. Grantor shall be liable for any costs incurred by NRCS as a result of the Grantor's negligence or failure to comply with the conservation easement requirements as it relates to conservation plan violations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS. will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.12 Drainage The use of the Protected Property for a leaching or sewage disposal field shall be prohibited. The use of the Protected Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Protected Property. 3.13 Development Rights The use of the acreage of this Protected Property for purposes of calculating lot yield on any other Protected 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 Protected Property) on the Protected Property, except for the right to use the Protected Property for agricultural production as set forth in Article Four below and 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. 12 3.14 Roads; Access to Protected Property Existing roads, as identified in the Baseline Documentation Report may be maintained and repaired in their current state. New roads may be constructed only if they are necessary for agricultural operations on the Protected Property. Paved roads are subject to the impervious limitation in section 3.07. Access to the Protected Property is subject to a Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3.15 Fences Existing fences may be repaired and replaced and new fences built on the Protected Property as necessary for agricultural operations on the Protected Property, including customary management of livestock and to delineate the boundary of the Protected Property, subject to applicable provisions of the Town Code. 3.16 Motorized Vehicle Use Grantor may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law enforcement and public safety, or other permitted uses of the Protected Property, provided that no use of motorized vehicles may create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Conservation Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property. 3.17 Industrial or Commercial Uses The establishment of any commercial or industrial facilities is prohibited (other than those necessary in the operation or uses of the Protected Property expressly permitted by this Conservation Easement Deed) including but not limited to, commercial feed lot, any retail sales or service business, restaurant, night club, campground, trailer park, motel, hotel, commercial recreation facility, gas station, retail outlet, or facility for the manufacture or distribution of any product, other than products to be grown or produced on the Protected Property in connection with the purposes expressly permitted in this Conservation Easement Deed. 13 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 Protected 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 Protected Property. 4.03 Use Grantor shall have the right to use the Protected 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 Protected 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. Grantor shall also have the right to use the Protected Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for sale or for other commercial purposes, including the commercial gain of Grantor or others. 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 Protected 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 clear wooded 14 areas for agricultural production in accordance with the Town Code, to thin and prune trees to maintain or improve the appearance of the Protected Property, and to mow the Protected Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. 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. Grantor may offer "U-Pick" operations and/or the use of a corn or other crop maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. 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 §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Protected Property, as may be permitted by the Town Code, now or as may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: 15 (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent properties; (ii) Construction of new structures, including a wind turbine, provided such structures are necessary for or accessory to agricultural production; Lot coverage with impervious surfaces shall be limited to 7 (seven) percent of the area of the Protected Property; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "structure" in Section 1.02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements 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. 16 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, 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 Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Protected Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. 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 Protected 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 Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve 17 or contest such assessment. 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 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Protected Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Protected Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. 18 "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials on, at, beneath or from the Protected Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Protected 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 Grantee, including the Land Preservation Committee, to maintain or restore the Protected Property to the condition in which it existed on the date of this Easement, as 19 evidenced by the documentation referred to in Section 0,05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Protected Property. This shall not include restoration of trees on formerly wooded areas, which were cleared for agricultural production. In the event Grantor fails to comply with the provisions of this section after reasonable written 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 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 'Entry and Inspection Grantee shall have the right to enter upon the Protected 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 Protected Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and not more frequently than annually without Grantor's consent. Representatives of the United States Department of Agriculture shall also have the right to enter the Protected Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Protected Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Protected Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Protected 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 Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather, disease, animal or pest action, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, 20 or mitigate significant injury to persons or to the Protected 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 thirty (30) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Protected 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 Protected Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in this Easement or 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. 21 The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold, or its successors or assigns, fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, 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 to 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. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 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. 22 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 the 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 of Easement/Condemnation The interest of the United States in this Easement is a vested property right that cannot be condemned by State or local governments and may not be extinguished, terminated or condemned without the express written consent of the United States. No proceeding to extinguish, terminate or condemn this Easement in whole or in part shall be commenced without advance notice to NRCS and the express written consent of the United States. At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Protected 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. The mere cessation of farming on the Protected Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Protected Property or any portion thereof shall be taken or condemned by eminent domain, then this Easement shall terminate with respect to the Protected Property, or portions thereof so taken or condemned, and the Protected Property shall not be subject to the limitations and restrictions of this Easement. In such event, NRCS will collect Commodity Credit Corporation's share of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished, terminated or condemned. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. In the event of a condemnation action, approved and consented to by the United States, the Grantor, its successors or assigns, shall not be required to pay any penalties. 23 ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the 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 is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided however, that Grantee shall have no right or power to agree to any amendment 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, or any regulation issued pursuant thereto. 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 24 the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 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 New York law applicable to deeds to and easements on land located within the State of 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 25 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 consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Protected 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 its right to use the Protected 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 Protected Property, or to use images of the Protected Property. Grantee may use images of the Protected Property only 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. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee and the United States, which, for 26 purposes of calculating proceeds from a sale or other disposition of the Protected Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Protected Property unencumbered by this Easement (the "Proportionate Share"). If this Conservation Easement is extinguished, terminated, or condemned, in whole or in part, then the Grantor must reimburse the Grantee an amount equal to the greater of 1) the Proportionate Share of the fair market value of the Protected Property unencumbered by this Conservation Easement at the time of conveyance or 2) the value of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished or terminated. However! NRCS will collect the Commodity Credit Corporation's share of the conservation easement based on the appraised fair market value of the conservation easement at the time the easement is extinguished or terminated. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. 7.12 Merge In the event that the Grantee(s) or the United States takes legal title to Grantor's interest in the Protected Property, the Grantee must commit the monitoring and enforcement of the Conservation Easement to another qualified organization within the meaning of Section 107(h)(3) of the United States Internal Revenue Code (1986), as amended, which organization has among its purposes the conservation and preservation of land and water areas. 7.13 Subsequent Liens on Protected Property No provision of this Conservation Easement should be construed as prohibiting the ability of Grantor to use the Protected Property as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Conservation Easement. 27 that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. KIMBERLEY A.GLENN Notary PU Notary Public Ix No.01 GL5089252 Courtly of Onondaga.State of N.Y. Commission Expires: N�TATE OF NEW YORK December NTY OF SUFFOLK SS: On the day of in the year 2014 before me, the undersigned, rsonally appeared Sean Moffat, personally known to me or proved to me the basis of satisfactory evidence to be the individual whose name is subsc * ed to the within instrument and acknowledged to me that he executed the me in his capacity, and that by his signature on the instrument, the indiv al, or the person upon behalf of which the individual acted, executed the i rument. ' �Signature/office of indiv16al taking acknowledgement STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this 36 day of in the year 2014 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual 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.- Notary Public EVC(Oft CHARCZUK tt"PW*�state or Now Yadt N06 48604813 OudAW In&AUk Count/ ftnwrft*n E)*W.WnLQq 20. 29 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: Moffat Farm North, LLC, Grantor X,_-4Z, C 974,f4 -'i........... /a/2"7 j2nj y See ct BY: Sean C Moffat, Managing Member ,:,,*��e-jr-k p4eX ACKNOWLEDGED AND ACCEPTED: TOWN OF SOOT LD, Grantee BY: SCOTT A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. Authodzed gsignatory for the NRCS Gregory A. Kist, Acting State Conservationist STATE OF NEW YORK COUNTY OF fl SS: On this day of in the year 2014 before me, the undersigned, personally appeared Gregory A. Kist, 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 28 CALIFORNIA ALL-PURPOSE CERTIFICATE OF ACKNOWLEDGMENT State of California County of &-'4no On Q(k61 a_':N2)l0(4before me, APIL10(ATA ( 1cre insert name and title of the off icerp-' personally appeared S(:� C r)�� who proved to me on the basis of satisfactory evidence to be the person(o whose narneg) is/ape subscribed to the within instrument and acknowledged to me that lle/slt /the/executed the same in histfhe&-Kir authorized capacity(ieA and that by his/h//tVir signature(o,on the instrument the persoji�,4, or the entity upon behalf of which the person(4 acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. AR ARUN LATA KUM WITNESS my hand and official seal. CoMm,7112033037 0 COUNT 0 4E 2'2017 NOTARY PUBLIOWOM 0 0 S A&C�l My COMM LY 112,2017 Signature of Notary Public (Notary S ADDITIONAL OPTIONAL INFORMATION INSTRUCTIONS FOR COMPLETING THIS FORM Any acknowledgment completed in California wasi contain verbiage exactly as DESCRIPTION OF THE ATTACHED DOCUMENT appears abore in the notao-section or a separate acknowledgment forth must be properly completed and attached to that docianew. The only exception is if a Iounrew is to be recordegi otasicle of Califbi-ida. In such inslarwes,airy afteiwaai-e (Title or'description of attached document) acktroirledgment rerbiage as tnaj' be printed on such a floctone",so long as the verbiage does notrequirethe notal).to 410 something that is illegal for a Itotal)•in r_—etC_-'e rrw 4 California(i.e. certifying tire mahofi:e(t capacity of the signer). Please check the (Title or description of attached document continued) docutneirt care/allyfoi-praper notarial wording and attach thisform if I-eq,til-ej Nurnberof'Pages Docuinent Date State and County inFormalion must he the State and County where the document signcr(s)personally appeared before the notary public for acknowledgment. • Date of notarization must be the date that the signers)Personally appeared which must also be the same dole[he acknowledgment is completed. (Additional information) The notary public must print his or her name as it appears within his or her commission followed by a comma and then your title(notary public). • Print the namc(s)of document signerts) who personally appear at the time of notarization, CAPACITY CLAIMED BY THE SIGNER # Indicate the correct singular or plural forms by crossing off incorrect forms(i.e, -4D-71'adividual(s)- h-e1shc/6ie5,,-is lace)or circling the correct forms.Failure to correctly indicate this information may lead to rejection of document recording, 0 Corporate Officer * The notary seal impression must be clear and photographically reproducible. Impression must not cover text or lines.If seat impression smudges,'re-seal if a (Title) sufficient area permits,otherwise complete a different acknowledgment form. 0 Partner(s) & Signature of the notary public must match the Signature on file with the office of 0 Attorney-in-Fact the county clerk. Additional information is nut required but could help to ensure this 0 Trustee(s) acknowledgment is not misused or attached to a different document. El Other Indicate title of type of attached document,number of pages and date. Indicate the capacity claimed by the signer. If the claimed capacity is a corporate officer,indicate the title(i.e.CEO,CFO,Secretary). Securely attach this document to the signed document 2008 Version CAPA 02.10.07 800-873-9865 kvww.NotzryCIasses.com Peconic Abstract, Inc. Title No.: 041-S-04097 amended 7/22114 Schedule A Description —AMENDED 7128114 Development Rights Easement Area ALL that certain plot,piece or parcel of land, situate, lying and being In the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly side of North Road (C.R. 27)distant 948.60 feet southerly from the corner formed by the intersection of the southerly side of Old North Road with the westerly side of North Road (C.R. 27); and RUNNING THENCE along the westerly side of North Road(C.R. 27)the following (3)courses and distances: 1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet; 2) Along the arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 228.92 feet; and 3) Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 45.00 feet to the true point or place of beginning; RUNNING THENCE along the westerly side of North Road (C.R. 27)along an are of a curve bearing to the right having a radius of 2259.00 feet, a distance along said curve of 299.84 feet to a concrete monument and Town of Southold Development Rights; RUNNIING THENCE along said land and continuing along lands now or formerly of Vanduzer Appliance Company, Inc. the following (3)courses and distances: 1) North 87 degrees 49 minutes 50 seconds West,414.72 feet; 2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet; 3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a monument and other lands of the Town of Southold Development Rights; Continued..... Title No.; X11111 Schedule A Description continued..... Development Rights Easement Area THENCE along said land, North 11 degrees 34 minutes 10 seconds West, 935.30 feet to a monument and land now or formerly of Suffolk County (Development Rights); THENCE along said land, North 88 degrees 35 minutes 30 seconds East, 752.23 feet to a monument and land now or formerly of Bertsch! and Gilmore; THENCE along said land the following (2)courses and distances: 1) South 5 degrees 53 minutes 10 seconds(Nest, 315.00 feet; 2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now or formerly of Saragas; THENCE along said lands, North 78 degrees 53 minutes 10 seconds East, 73.75 feet to the Reserved Area; THENCE along said Reserved Area the following (2)courses and distances: 1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet; 2) South 87 degrees 49 minutes 50 seconds East,502.94 feet to the westerly side of North Road (C.R. 27)and the true point or place of BEGINNING.