HomeMy WebLinkAboutL 12802 P 519SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 01/02/2015
Number of Pages: 17 At: 01:29:31 PM
Receipt Number : 15-0000223
TRANSFER TAX NUMBER: 14-14471 LIBER: D00012802
PAGE: 519
District: Section: Block: Lot:
1000 052.00 05.00 060.003
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0.00
Received the Following Fees For Above Instrument
JUDITH A. PASCALE
County Clerk, Suffolk County
Exempt
Exempt
Page/Filing
$85.00
NO
Handling
$20.00
NO
COE
$5.00
NO
NYS SRCHG
$15.00
NO
TP -584
$5.00
NO
Notation
$0.00
NO
Cert.copieB
$21.25
NO
RPT
$60.00
NO
Transfer tax
$0.00
NO
Comm.pres
$0.00
NO
Fees Paid
$211.25
TRANSFER TAX NUMBER:
14-14471
THIS PAGE
IS A PART
OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
RECORDED
20115 Jan 02 001:29:31 P11
JUDITH A. PASCALE
CLERK OF
SUFFOLK COUNTY
L D00012002
P 519
DT# 14-14471
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording/ Filing Stamps
3 1 FEES
Page/ Filing Fee
Handling 20. 00
TP -584
Notation
EA -52 17 (County) Sub Total __0�%
EA -5217 (State)
R.P.T.S.A.
Comm. of Ed. 5. 00
Affidavit
p ertified Copy
NYS Surcharge 15. — 00 C)
Sub Total
Other j �
Grand Total �( S
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec. /Add.
TOT. MTG. TAX
Dual Town Dual County
Held for Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.) t
4 Dist. 1 2857113 1000 05200 0500 060003 0
TaxiSProperty erviice (02-J
PQM 1111111111 Jill IIIII jil 11111111 Jill III
Agency
Verification
Q�p 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
4 RECORD & RETURN TO:
Charles R. Cuddy, Esq.
PO Box 1547
Riverhead, NY 11901
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved _
Vacant Land
TO
TO
TO
Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name
www.suffolkcountyny.gov/clerk Title #
81 Suffolk County Recording & Endorsement Page
This page forms part of the attached Open Space Conservation Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
Colony Pond, Inc. The premises herein is situated in
SUFFOLK COUNTY, NEW YORK
TO In theTOWN of Southold
Town of Southold In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING.
aver
OPEN SPACE CONSERVATION EASEMENT
THIS OPEN SPACE CONSERVATION EASEMENT is made on the 22"d of December,
2014 at Southold, New York. The parties are Colony Pond, Inc. with an office at 2221 Fifth
Avenue, Ronkonkoma, NY 11779 (herein called "Grantor") and the Town of Southold, a
municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold, NY
11971 (herein called "Grantee").
INTRODUCTION
Whereas, Grantor is the owner in fee simple of certain real property located in the Town of
Southold, Suffolk County, New York, identified as SCTM# 1000-52-05-60, and has made
application to and has received approval from the Planning Board of the Town of Southold to
subdivide said real property as shown on the Subdivision Map of "Colony Pond Final Plat"
prepared by Nathan Taft Corwin, L.S., dated April 29, 2006, and last revised July 3, 2014, which
map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and
hereinafter referred to as the "Premises."
Whereas, General Municipal Law Section 247 provides for an acquisition by designated
governmental bodies and entities, including Towns, of fee title or lesser interests in real property,
including conservation easements, which may be necessary and desirable for the preservation,
conservation, and retention of open spaces and areas of scenic and natural quality; and
Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal
corporation organized and existing under the laws of the State of New York and is authorized
under Section 64 of the New York State Town Law and Section 247 of the New York General
Municipal Law to acquire fee title or lesser interests in land, including conservation easements
which may be necessary or desirable for the preservation, conservation and retention of open
spaces and natural or scenic resources.
Whereas, §278 of New York State Law authorizes cluster development of subdivisions for
the purpose of preserving the natural and scenic qualities of open lands, and
Whereas, Section 240-42H of the Subdivision of Land Chapter of the Town of Southold
Code requires that Standard Subdivision of properties seven acres or more in size be developed as
clustered subdivisions and preserve a minimum of 60% of the buildable lands as open space in
perpetuity; and
Whereas, as a condition of approval of this standard subdivision plat and to further the
Town's goals of land preservation, the Southold Town Planning Board has found that 60% of
buildable lands for the aforementioned property equals 7 acres, and has required this open Space
Conservation Easement be placed over that portion of the property along with the adjacent
wetlands, as shown in Exhibit A, attached hereto and made a part hereof, shown on the
aforementioned Subdivision Map as the following separate areas:
a. "Open Space Non -Wetland Easement Area"
b. "Open Space Wetland Easement Area"
Whereas, as a condition of said approval, the Planning Board has required that the within
Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the
aforementioned Subdivision Map; and
NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open
Space Conservation Easement in gross, which shall be binding upon and shall restrict the premises
shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly
described in and designated in Exhibit A annexed hereto and made a part of this instrument.
0.01 Grantor's Warranty and Liens Subordinated
Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of
the Easement Area described in Exhibit A, and possesses the right to grant this easement. Grantor
also represents that as of the date of this grant, there are no liens or mortgages outstanding against
this Easement Area, except any listed as Exhibit B that are subordinated to Grantee's rights under
this Easement. Grantor has the right to use the Easement Area as collateral to secure the repayment
of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of
date, are subordinate to Grantee's rights under this Easement. Under no circumstances may
Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other
action taken concerning any subsequent lien or other interest in the Easement Area. Subordination
Agreements recognizing the terms of this easement and subordinating any mortgages or liens to the
easements must be recorded in the Suffolk County Clerk's Office.
0.02 Purpose
The parties recognize the open space, scenic, natural resource values of the Easement Area
and have the common purpose of preserving these values. This Deed is intended to convey an
Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for
the purpose of preserving its open space character in perpetuity for its open space, scenic, and
natural resource qualities, by preventing the use or development of the Easement Area for any
purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York
State and local conservation policies.
More specifically, the values of the Open Space Easement Area(s) include, but are not limited to
the following: open space, natural habitat, trees, wetlands, tidal marsh habitat, adjacent surface
water quality, and groundwater quality.
0.03 Boundary Markers
The Easement Area boundary shall be marked by concrete monuments placed at each
comer. Property boundaries running in a straight line greater than 800' shall have concrete
monuments placed every 500'.
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0.04 Recitation
In consideration of the recited facts, mutual promises, undertakings, and forbearances
contained in this Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Tyne
This instrument conveys an Open Space Conservation Easement (herein called the
"Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and
conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all
of those covenants, restrictions, rights, terms and conditions.
1.02 Duration
This Easement shall be burden upon and run with the Easement Area in perpetuity.
1.03 Effect
This Easement shall run with the Easement Area as an incorporeal interest in the Easement
Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs,
personal representatives, successors and assigns, and all other individuals and entities. The word
"Grantor" when used herein shall include all of those persons or entities. Any rights, obligations,
and interests herein 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
CONVEYANCE
GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to
Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts
this Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices are
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prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by
the provisions hereof.
3.01 Structures and Improvements
No buildings or other structures or improvements may be erected or constructed on the
Easement Area except as permitted by Section 4.03 hereof
3.02 Excavation, Grading and Removal of Materials, Mining
The excavating, grading or filling of the Easement Area, is prohibited, except as provided
in Section 4.03 hereof in relation to stormwater management. Mineral exploitation, and extraction
by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other
materials shall not take place, nor shall the topography of the Easement Area be changed except to
construct and maintain the permitted structures and improvements on the Easement Area and for
purposes of erosion control and soil management.
3.03 Subdivision
There shall be no further subdivision, division or partitioning of the Easement Area.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials including, but not limited
to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited.
3.05 Sims
The display of signs, billboards, or advertisements is prohibited, except for small signs
whose placement, number, and design do not significantly diminish the scenic character of the
Easement Area and only for any of the following purposes: (a) to state the name and/or address of
the Easement Area and the names and the names and addresses of the occupants, b) to temporarily
advertise the property for sale or rent, (c) to post the Easement Area to control unauthorized entry
or use, or (d) to announce Grantee's conservation easement. Signs are subject to regulatory
requirements of the Town. The Southold Town Planning Board reserves the right to determine
whether a particular sign meets the restrictions and purposes of this easement.
3.06 Motorized vehicles
The use of all motorized vehicles within the Easement Area is prohibited, including but not
limited to recreational vehicles, dirt bikes, and all -terrain vehicles (ATV's).
3.07 Soil and Water
Any use or activity that causes or is likely to cause soil degradation, compaction or erosion
or pollution of any surface or subsurface waters is prohibited.
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3.08 Vegetation
The cutting, removal or disturbance of vegetation, including trees, shrubs, and
groundcover, is prohibited, except as provided for in Section 4.03.
3.09 Chemical Substances
The use of synthetic, herbicides, insecticides, pesticides, rodenticides, fungicides, chemical
fertilizers, or other chemical substances capable of entering ground or surface waters, is prohibited
in the Easement Area except as provided for in Section 4.03..
3.10 Utilities
The creation or placement of overhead utility transmission lines, utility poles, underground
wires, pipes, or wells on the Easement Area is prohibited.
3.11 Other Uses
The use of the Easement Area for any commercial or industrial purpose is prohibited. Other
uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities (cell
towers), and all uses that are not consistent with the purpose of this easement.
3.12 Drainage
The use of the Easement Area for drainage and the containment of stormwater runoff is
prohibited except as provided for in Section 4.03.
3.13 Development Rights
The use of the acreage of this Easement Area for purposes of calculating lot yield on any
other property is prohibited. Grantor hereby grants to Grantee all existing development rights (and
any further development rights that may be created through a rezoning of the Easement Area) on
the Easement Area and the parties agree that such rights, except those required to carry out
permitted uses of and activities on the easement Area, are terminated and extinguished and may not
be used or transferred to any other parcels.
ARTICLE FOUR
0911M, 2111611MIT1,11[c]:
4.01 Ownership
Subject to the provisions of Article Three, Grantor shall retain all other customary rights of
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ownership in the Easement Area, some of which are more particularly described in this Article
Four.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the Easement Area.
4.03 Permitted Uses
Grantor shall have the right to use the Easement Area in any manner and for any purpose
consistent with and not prohibited by the Easement or applicable local, New York State, or federal
law. Permitted Uses are described in more detail below.
A. Open Space Non -Wetland Area
1. Passive Outdoor Recreation
"Passive outdoor recreation" is defined as dispersed, noncommercial, nonexclusive,
and non -motorized public recreational activities that do not rely on buildings or
spectator facilities and have minimal impact on natural resources. Such uses include
hiking, nature observation, picnicking, cross-country skiing, snowshoeing, bird
watching and enjoyment of open space.
2. Foot Path Easement Area
A four (4)foot wide foot path for the purpose of pedestrian access through the open
space, as shown on the subdivision map running from the cul-de-sac on Colony
Pond Court, extending south, through the open Space Nan -Wetland Easement Area
to the wetland area near the edge of Hashamomuck Pond. This access path must be
constructed of natural pervious materials and its design must prevent erosion and
stormwater runoff from reaching the tidal wetlands.
3. Stormwater detention areas as shown on the approved subdivision map
referenced herein. These areas must be designed, landscaped, and available for use
as an integral part of the open space area.
4. Existing easement(s) for access to stormwater detention areas as shown on the
subdivision map referenced herein.
5. Existing driveway located within the proposed right of way as shown on the
subdivision map referenced herein.
6. Vegetation Removal and Disturbance
The removal or disturbance of vegetation for reasons other than permitted uses
described above is permissible, with limitations, and with the prior written consent
of the Southold Town Planning Board. This written consent may be granted only to
control or prevent the spread of disease or invasive plant or animal species and may
0
include the limited use of herbicides and pesticides. The Easement Area may be
supplemented with native vegetation plantings according to a re -vegetation plan
with prior written consent of the Southold Town Planning Board.
7, Environmental Sensitivity During Construction
The use and location of any improvement permitted to be constructed hereunder
shall be consistent with the conservation purposes intended herein, and construction
of any such improvement shall minimize disturbances to the environment including
but not limited to minimal removal of vegetation.
B. Open Space Wetland Easement Area
1. Passive Outdoor Recreation
"Passive outdoor recreation" is defined as dispersed, noncommercial, nonexclusive,
and non -motorized public recreational activities that do not rely on buildings or
spectator facilities and have minimal impact on natural resources. Such uses include
hiking, nature observation, snowshoeing, bird watching, hunting and enjoyment of
open space.
2. Vegetation Removal or Disturbance
The removal or disturbance of vegetation for reasons other than permitted uses
described above is permissible, with limitations, and with the prior written consent
of the Southold Town Planning Board. This written consent may be granted only to
control or prevent the spread of disease or invasive plant or animal species. The
Easement Area may be supplemented with native vegetation plantings according to
a re -vegetation plan with prior written consent of the Southold Town Planning
Board.
4.04 Notice
Grantor shall notify Grantee, in writing, ninety (90) days before exercising any reserved
right with respect to the Easement Area, pursuant to Section 4.03. This includes the construction of
any structures and clearing of trees as provided in Section 4.03 herein. Grantor shall provide
Grantee with complete documentation including information on the need for and use of any
proposed structures, and architectural plans of any proposed structures, which are subject to the
Southold Town Planning Board approval. The request for approval shall describe the nature, scope,
location, timetable and any other material aspect of the proposed improvement or activity in
sufficient detail to permit the Planning Board to evaluate the proposal.
This notice is in addition to any other governmental applications and/or approvals that may
be required by this Easement or by the Town Code of the Town of Southold.
4.05 Alienability
Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the
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Easement Area but only subject to this Easement. Grantor shall promptly notify the Southold Town
Planning Board of any conveyance of any interest in the Easement Area, including the H1 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 to 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 or the validity of this Easement.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other governmental or
municipal charges, which may become a lien on the Easement Area, including any taxes or levies
imposed to make those payments. The failure of Grantor to pay all such taxes, levies and
assessments and other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,
judgments or expenses to Grantee or any of its officers, employees, agents or independent
contractors arising from the physical maintenance or condition of the Easement Area or from any
taxes, levies or assessments upon it or resulting from this Easement, all of which are considered
Grantor's sole obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees,
judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting:(a) from injury to persons or damages to property arising from any activity on
the Easement Area, except those due solely to the acts of the Grantee, its officers, employees,
agents, or independent contractors; and (b) from actions or claims of any nature by third parties
arising out of the entering into or exercise of rights under this easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees, agents, or independent
contractors.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Inspection
Grantee shall have the right to enter upon the Easement Area at reasonable times, upon
prior notice of at least thirty (30) days to Grantor, for the purpose of inspection to determine
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whether this Easement and its purposes and provisions are being upheld. Grantee, its successors,
assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use
and quiet enjoyment of the Easement Area. Grantee shall not have the right to enter upon the
Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon
the Easement Area by the public.
6.02 Restoration
In the event of any violation of this Easement, Grantee shall have the right to require
Grantor to restore the Easement Area to the condition existing prior to the claimed violation and to
enforce this right by any action or proceeding that the Southold Town Planning Board may
reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement
Area resulting from causes beyond Grantor's control, including, without limitation, fire, flood,
storm, and earth movement, or from any prudent action taken by Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area
resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this
Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of
Grantee hereunder at law or in equity, in the event any breach, default or violation of any term,
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice
requirement is expressly waived by Grantor with respect to any such breach, default or violation
which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of
the open space values or otherwise to further the purposes of this Easement), Grantee shall have the
right at Grantor's sole cost and expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or
cure such breach, default or violation and/or to cause the restoration of that portion
of the Easement Area affected by such breach, default or violation to the condition
that existed prior thereto, or
(iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided, however, that any
failure, delay or election to so act by Grantee shall not be deemed to be a waiver or
a forfeiture of any right or available remedy on Grantee's part with respect to such
breach, default, or violation or with respect to any other breach, default or violation
of any term, condition, covenant or obligation under this Easement.
If Grantor acknowledges or a court of competent jurisdiction determines that a violation of
this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all
reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called
"Legal Expenses") in connection with any proceedings under this Section 6.03.
0
6.04 No Waiver
Grantee's exercise of one remedy or relief under this Article Six shall not have the of of
waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any
remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the
use of such other remedy or relief at any other time.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement sets forth the entire understanding of the parties with respect to the
Easement Area and supersedes all prior discussions, negotiations, understandings or agreements
relating to the Easement Area all of which are merged herein.
7.02 Amendment
Grantor and Grantee recognize that circumstances could arise which justify amendment of
certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that
some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee
have the right to agree to amendments and discretionary consents to this Instrument, provided that
in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town
Planning Board, and upon recommendation of the Southold Town Planing Board with a majority
plus one vote in favor, such amendment or discretionary consent furthers or is not inconsistent with
the purpose of this grant. Amendments will become effective upon recording.
Notwithstanding the foregoing, the Grantee and Grantor have no right or power to consent
to any action or agree to any amendment that allows development other than structures already
allowed in this document, or that would result in the substantial alteration to or destruction of
important natural resources, contradict the purpose of this easement, or limit the term or result in
termination of this Conservation Easement, or adversely affect the qualification of this Instrument
or the status of Grantee under applicable laws including New York State General Municipal Law
§247.
7.03 Severability
If any provision of this Easement or the application thereof to any person or circumstance is
found to be invalid, the remainder of the provisions of this Easement and the application of such
provisions to persons or circumstances other than those as to which it is found to be invalid shall
not be affected thereby.
7.04 Notice
All notices required by this Easement must be written. Notices shall be delivered by hand
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or express, certified or registered mail,'return receipt requested, or by certified mail, with sufficient
prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor
shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may
designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be
addressed to its principal office, recited herein, marked for the attention of the Town Supervisor,
Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may
designate by notice in accordance with this Section 7.04. Notice shall be deemed given and
received as of the date of its manual delivery or the date of its mailing.
7.05 Governing La
New York Law applicable to deeds and conservation easements pertaining to land located
within New York shall govern this Easement in all respects, including validity, construction,
interpretation, breach, violation and performance, except as provided in Section 7.06 hereof.
7.06 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 Easement Area shall not
apply in the construction or interpretation of this Easement, and this Easement shall be interpreted
broadly to effect the purposes of this Easement as intended by the parties. The parties intend that
this Easement, which is by nature and character primarily negative in that Grantor has restricted
and limited his right to use the Easement Area, except as otherwise recited herein, be construed at
all times and by all parties to effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public
any right to enter upon the Easement Area.
7.08 Warranties
The warranties and representations made by the parties in this Easement shall survive its
execution.
7.09 Recording
Grantor shall record this Easement in the land records of the office of the Clerk of the
County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for convenient reference,
and shall be ignored in its construction.
7.11 Authorization
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Grantor warrants that the conveyance of this easement has been duly authorized by its
members and Grantee warrants that acceptance of this conservation easement has been duly
authorized by resolution of the Town Board.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Open Space Conservation Easement on the day and year set forth above.
Colony Pond, Inc
BY:
oe&—
insella, President (Grantor)
Town o outhold (Grantee)
By: gilt
p'�
, Supervisor
STATE OF NEW YORK )
) ss..
COUNTY OF SUFFOLK )
On the day of W in the year 2014, before me, the undersigned, personally
appeared 2<9 A , ���A /% - , 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 si,gnqture on the
instrument, the individual, or the person upon behalf of which the individual -ted executed the
instrument. ''�,
LUN YINQ LEE
:vDTARY PUBLIC STATE of NEW Y
SUFFOLK COUNTY otary Public
LIC.#OiLE4713397
COMM. EXP
STATE OF NEW YORK )
) SS..
COUNTY OF SUFFOLK)
a�
On the day ofPIP"-in the year 2014, before me, the undersigned, personally
appeared ilSSttj , 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.
u►uM a. 8Ta
DIM Notary Public
am, PAW staft NM1
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ALL that certain plot, piece or parcel of land with the buildings and improvements thereon
erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New
York, bounded and described as follows:
BEGINNING at a point on the southerly side of Colony Road, distant 625.66 feet westerly from
the comer formed by the intersection of the southerly side of Colony Road and the westerly side
of Albertson Lane;
RUNNING THENCE from said point South 16 degrees 32 minutes 00 seconds East, 1200.00
feet;
THENCE South 18 degrees 09 minutes 50 seconds East, 630.22 feet;
THENCE South 47 degrees 28 minutes 00 seconds West, 136.27 feet more or less to the high
water line of Hashamomock Pond;
THENCE along the apparent high water mark of Hashamomuck Pond the following twelve (13)
courses and distances:
(1) North 44 degrees 54 minutes 58 seconds West, 15.41 feet to a point;
(2) North 72 degrees 58 minutes 57 seconds West, 57.98 feet to a point;
(3) South 89 degrees 18 minutes 16 seconds West, 127.29 feet to a point;
(4) South 79 degrees 07 minutes 52 seconds West, 42.77 feet to a point;
(5) South 39 degrees 04 minutes 30 seconds West 61.48 feet to a point;
(6) North 72 degrees 57 minutes 28 seconds West 19.00 feet to a point;
(7) North 27 degrees 25 minutes 39 seconds East 57.17 feet to a point;
(8) North 13 degrees 39 minutes 02 seconds West 48.17 feet to a point;
(9) North 71 degrees 54 minutes 39 seconds East 21.97 feet to a point;
(10) North 30 degrees 26 minutes 36 seconds East, 16.10 feet to a point;
(11) North 66 degrees 40 minutes 40 seconds West, 25.39 feet to a point;
(12) South 63 degrees 21 minutes 04 seconds West 43.90 feet to a point;
(I3)North 36 degrees 46 minutes 45 seconds West 23.29 feet to a point along the southerly line
of land now or formerly of Helen E. Didriksen;
THENCE along said land formerly of Didriksen and land nowor formerly of E. Rudicnk, North
50 degrees 54 minutes 36 seconds East 336.20 feet;
THENCE continuing along said land now or formerly of E. Rudink and land now or formerly of
W. Rudink, North 24 degrees 42 minutes 57 seconds West, 306.24 feet to the Easterly side of
land shown on map entitled "Summer Haven", Map#1133;
THENCE along said last described land North 37 degrees 30 minutes West, 1407.59 feet to the
southerly side of Colony Road;
THENCE along the southerly side of Colony Road, North 77 degrees 50 minutes 30 seconds
East, 625.65 feet to the point or place of BEGINNING.
Open Space Easement for Colony Pond
(Including Non -wetland and wetland open space easement areas)
ALL that certain plot, piece or parcel of land, situate, lying and being at Arshamomoque,
Town of Southold, County of Suffolk and The State of New York, more particularly bounded
and described as follows:
BEGINNING at a point along the westerly line of land now or formerly of Dean J. Yaxa and
Louise Yaxa, said point being also two (2) courses and distances from the corner formed by
the intersection formed by the southerly side of Colony Road and the westerly side of
Albertson lane:
(1) 625.66 feet as measured westerly along the southerly side of Colony Road to point
at the northwesterly corner of land now or formerly of Dean J. Yaxa and
Louise Yaxa;
(2) South 16 degrees 32 minutes 00 seconds East along the westerly line of above
said land, 402.37 feet to the true point of BEGINNING;
RUNNING thence the following three (3) courses and distances along the westerly and
northerly lines of above said land:
(1) South 16 degrees 32 minutes 00 seconds East, 798.43 feet to a point;
(2) South 18 degrees 09 minutes 50 seconds East, 630.22 feet to a point;
(3) South 47 degrees 28 minutes 00 seconds West, 136.27 feet to a point along the
apparent high water mark of Hasharnomuck Pond;
RUNNING thence along the apparent high water mark of Hashamonuck Pond the following
twelve (13) courses and distances:
(1) North 44 Degrees 54 minutes 58 seconds West, 15.41 feet to a point;
(2) North 72 degrees 58 minutes 57 seconds West, 57.98 feet to a point;
(3) South 89 degrees 18 minutes 16 seconds West, 127.29 feet to a point;
(4) South 79 degrees 07 minutes 52 seconds West, 42.77 feet to a point;
(5) South 39 degrees 04 minutes 30 seconds West, 61.48 feet to a point;
(6) North 72 degrees 57 minutes 28 seconds West, 19.00 feet to a point;
(7) North 27 degrees 25 minutes 39 seconds East, 57.17 feet to a point;
(8) North 13 degrees 39 minutes 02 seconds West, 48.17 feet to a point;
(9) North 71 degrees 54 minutes 39 seconds East 21.97 feet to a point;
(10) North 30 degrees 26 minutes 36 seconds East, 16.10 feet to a point;
(11) North 66 degrees 40 minutes 40 seconds West, 25.39 feet to a point;
(12) South 63 degrees 21 minutes 04 seconds West, 43.90 feet to a point;
13) North 36 degrees 46 minutes 45 seconds West, 23.29 feet to a point along the
southerly line of land now or formerly of Helen E. Didriksen;
RUNNING thence the following three (3) courses and distances along the southerly and
easterly lines of land now or formerly of Helen E. Didriksen, Jean Rudink and a certain map
entitled" Map Showing Subdivision of Property Known as Summer Haven", filed in the
Office of the Clerk of Suffolk County on July 5, 1933 as filed No. 1133:
(1) North 50 degrees 54 minutes 36 seconds East, 336.20 feet to a point;
(2) North 24 degrees 42 minutes 57 seconds West, 306.24 feet to a point;
(3) North 37 degrees 30 minutes 00 seconds West, 1047.59 feet to a point;
RUNNING thence the following five (5) courses and distances through land now or formerly
of Colony Pond Associates:
(1) North 77 degrees 50 minutes 30 seconds West, 229.99 feet to a point;
(2) South 16 degrees 32 minutes 00 seconds East, 53.01 feet to a point;
(3) North 77 degrees 50 minutes 30 seconds East, 245.72 feet to a point;
(4) South 16 degrees 32 minutes 00 seconds East, 47.39 feet to a point;
(5) North 77 degrees 50 minutes 30 seconds East, 30.09 feet to the point or place of
BEGINNING
Liens and Mortgages
NONE