HomeMy WebLinkAboutL 12830 P 704 .......................
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: MISCELLANEOUS - DEED Recorded: 09/02/2015
Number of Pages: 23 At: 04:39:46 PM
Receipt Number : 15-0119219
TRANSFER TAX NUMBER: 15-03321 LIBER: D00012830
PAGE: 704
District: Section: Block: Lot:
1000 020 . 00 03.00 006. 002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $700, 000. 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $115. 00 NO Handling $20. 00 NO
COE $5. 00 NO NYS SRCHG $15. 00 NO
EA-CTY $0. 00 NO EA-STATE $0. 00 NO
TP-584 $5. 00 NO Notation $0. 00 NO
Cert.Copies $28.75 NO RPT $60. 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0. 00 NO
Fees Paid $248.75
TRANSFER TAX NUMBER: 15-03321
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
1 2
n
Number of pages G REC:OP,OED
, 2015 Sep 02 04:39:46 PM
'` JUDITH IL PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L D00012830
Social Security Numbers P 704
prior to recording. 0T# 15-0 21
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording./Filing Stamps
3 FEES
Page/Filing Fee 1 1< Mortgage Amt.
1. Basic Tax
Handling 20. 00 2:Additional Tax
TP-584 7• 06 Sub Total
6f SpecJAssit.
14
Notation
or
EA-52 17(County) Sub Total Spec./Add. •
EA-5217(State) TOT.MTG.• « , w
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Comm.of Ed. 5. 00 W Z .'
Transfer Tax
Affidavit a Mansion Tax
" Certified Copy 21.7� .....‘,.r: The property covered by this mortgage is
/( or will be improved by a one or two
NYS Surcharge 15. 00 ^I
c !U I8 7C family dwelling only.
Sub Total r YES or NO
Other . {l
Grand Total a ,� = If NO,see appropriate tax clause on
page# of this instrument.
I _ I
4 !Dist./ ;,OV02., 5 Community Preservation Fund
2988523 1000 02000 0300 006002
Real per T S VIII IIIIIIIII I iII SII I III Consideration Amount$�(Ni 000
Tax ProServtc, RPDA
Agency CPF Tax Due $ XQIYI "
Verificatioi
27-AUG-f
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
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Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE
www.suffolkcountyny.gov/clerk
Title# G/5=7*4-98qS'-SUFG'
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached 6,Qpivrelc 6E14-zopin ur i9/6.yrj .q,cC? v7 made by:
(SPECIFY TYPE OF INSTRUMENT) -71,'Sc bee)
"-(,OAli L 69N4 v,) 7&JST The premises herein is situated in.
i/vC•DR PUCR-rc.o SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of �[&t17 '04,6
./7/WN OF SOt1rHcL4 In the VILLAGE
or HAMLET of aRiE`,VT
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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HS----1g116
' GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS G NT OF DEVELOPMENT RIGHTS EASEMENT is made on the
16 day of 't; 2015 at Southold, New York. The parties are PECONIC
LAND TRUS , INCORPORATED, 296 Hampton Road, P.O. Box 1776,
Southampton, New York 11968 (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").
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 #1000-20-3-6.2 (hereinafter referred to as the "Property"), as more
fully described in SCHEDULE "A" attached hereto and made a part hereof,
and shown on the survey prepared by Peconic Surveyors, P.C., dated July
24, 2015, last revised July 30, 2015 (a reduced copy of which is attached
hereto and made a part hereof and hereinafter referred to as the "Survey");
and
WHEREAS, the Property is located in the R-80 and the R-200 Zoning
District of the Town of Southold; and
WHEREAS, the Property contains a significant amount of soils classified
as prime soils worthy of conservation as identified by the United States
Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk
County, New York; and
WHEREAS, the Grantor wishes to continue using the Property for
agricultural production and/or for passive open space purposes as defined in
this Easement; and
WHEREAS, the Property currently consists of active farmland, fallow
farmland, and wetland areas; 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
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• • WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any substantial development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an aesthetic, natural, scenic and agricultural resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof.
NOW THEREFORE, in consideration of SEVEN HUNDRED THOUSAND
AND 00/100 DOLLARS ($700,000.00) and other good and valuable
consideration paid to the Grantor, the receipt of which is hereby
acknowledged, the Grantor does hereby grant, transfer, bargain, sell and
convey to the Grantee a Development Rights Easement, in gross, which shall
be binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the Property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor and Grantee, for themselves, and for and on behalf of
their respective legal representatives, successors and assigns, hereby
covenant and agree as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Fidelity National Title Insurance Services, LLC
Title Report #F15-7404-98195-SUFF, and possesses the right to grant this
easement.
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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 5247 of the
New York State General Municipal Law ("General Municipal Law") to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic, agricultural
and aesthetic values of the Property and have the common purpose of
preserving these values by limiting the uses of the Property. This
instrument is intended to convey a development rights easement on the
Property by Grantor to Grantee, exclusively for the purpose of preserving its
character and its environmental, natural, scenic, agricultural, and aesthetic
values in perpetuity by preventing the use or development of the Property
for any purpose or in any manner contrary to the provisions hereof, in
furtherance of federal, New York State and local conservation policies ("the
Purpose" herein).
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 of 1986, as amended ("IRC"), and other federal
statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the Purpose
of this Easement as set forth in Section 0.03 above. In order to aid in
identifying and documenting the present condition of the Property's
environmental, natural, scenic, agricultural, and aesthetic resources and
otherwise to aid in identifying and documenting such values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline
3
,Documentation includes, but need not be limited to, a survey prepared by
Peconic Surveyors, P.C., dated July 24, 2015 and last revised July 30, 2015,
and a Phase 1 Environmental Site Assessment dated June 11, 2015 by
Cdshin Associates, P.C.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports, photographs or other evidence to assist in the
resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this 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 Property for uses or purposes
consistent with the terms of this Easement, including passive open space
and/or agricultural production as presently referenced in §247 of the General
Municipal Law and/or defined in Chapter 185 and/or Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now, or as said
Chapters may be amended, and including the production of crops, livestock
and livestock products as defined in §301(2)(a)-(j) of the New York State
Agriculture and Markets Law ("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.
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"Improvement" shall mean any addition to raw land, such as
strUctu'res, fences, wells or drainage.
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other purposes. Land that is in agricultural production,
including land in a fallow or otherwise idle manner, is not "Lawn."
"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. For
purposes of this Easement, a "structure" shall not include trellis, posts and
wiring, farm irrigation systems, nursery mats, or fencing necessary for
agricultural operations or to mark the boundaries of the 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 shall run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and provides Grantee with the right to administer, manage and
enforce the Easement as provided herein. The word "Grantor" when used
hereinshall 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.
ARTICLE TWO
SALE
GRANTOR, for SEVEN HUNDRED THOUSAND AND 00/100 DOLLARS
($700,000.00) and such other good and valuable consideration, hereby
grants, releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this Easement
in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
permitted by the Southold Town Land Preservation Committee ("Land
Preservation Committee") and subject to all other applicable provisions of
the Town Code and Sections 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to from the Land Preservation Committee.
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.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with sound agricultural practices, all of which shall require the
prior written consent of Grantee, including but not limited to from the Land
Preservation Committee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §265, §276, §277 or §335 of the
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Real .Property Law, as they may be amended, or any other applicable State
or local'law. "Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, subdivide the
Property, provided that all resulting parcels contain at least 10 acres of
preserved land used for agricultural and/or passive open space purposes,
subject to a development rights easement or other conservation instrument.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to, trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices on the
Property, including fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon; (b) to temporarily advertise the Property or any portion thereof for
sale or rent; (c) to post the Property to control unauthorized entry or use;
(d) to aid visitors in interpreting the natural features and/or wildlife on the
Property; or (e) by Grantee, with the prior written consent of the Grantor, to
announce this Easement. Signs are subject to regulatory requirements of the -
Town.
3.06 Utilities
The creation or placement of overhead and underground facilities
including utility transmission lines, utility poles, wires, pipes, wells or
drainage systems ("utilities") on the Property shall be prohibited, except for
utilities to service structures approved pursuant to Section 4.06 and subject
to 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.
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.3.07, Prohibited Uses
' Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
uses, permanent or temporary, including but not limited to a riding
academy, shall be prohibited. For the purposes of this Section, agricultural
production, as that term is presently referenced in §247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as
said 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 and/or lands used for passive open space
and protected by a development rights easement or other instrument, shall
not be considered a commercial use. No improvements, uses or activities
inconsistent with current or future agricultural production and/or passive
open space shall be permitted on the Property. Under no circumstances
shall athletic fields, golf courses or ranges, commercial airstrips and
helicopter pads, motocross biking, or any other improvements or activity
inconsistent with current or future agricultural production and/or passive
open space be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are used in accordance with sound agricultural practices of the Natural
Resources Conservation Service ("NRCS").
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural practices and in
order to control flooding or soil erosion on the Property.
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•3.10. Development Rights
• The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any future development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
herein, 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.
3.11 Landscaping Activities
Landscaping activities shall be conducted in accordance with Section
4.04 below. Under no circumstances shall the Grantor establish or maintain
a Lawn on the Property.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement, as well as
applicable local, State, or federal law. Grantor shall have the right to use
the Property for uses, improvements and activities permitted by the Town
Code, now or in the future, on agricultural lands and/or passive open space
protected by a development rights easement or other instrument, and for
educational or training programs related to agricultural production or passive
open space activities.
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. Grantor shall also have the right to use the Property for traditional
passive open space recreational uses for the benefit of Grantor and of the
public,'provided such uses are otherwise consistent with and do not
derogate from or defeat the Purpose of this Easement or other applicable
law. These passive open space recreational uses shall not be offered or
provided for commercial purposes, including the commercial gain of Grantor
or others.
4.04 Cutting of Timber; Landscaping
The cutting, pruning or removal of trees, shrubs, or other vegetation
on or from the Property is prohibited, except for the following purposes: (a)
to clear and/or restore any tree, shrub, or other vegetation that is dead,
damaged, diseased, destroyed or non-native and invasive; (b) to prune
• and/or selectively thin trees to create limited vistas and/or for grounds
maintenance; (c) to manage and/or improve the significant relatively natural
habitat on,the Property, including by removal of invasive species; (d) as
reasonably necessary for the conduct of those uses and activities expressly
permitted by this Easement, including but not limited to constructing and
maintaining those structures, expressly permitted by this Easement; (e) to
clear the Property for agricultural production if, after the effective date, as
further described in the Baseline Documentation, the Property has lain fallow
and was allowed to become wooded; (f) for the purpose of continuing the
modes of landscaping exercised on the Property prior to and as of the
effective date of this Easement as further described in the Baseline
Documentation; and (g) to remove any hazard or other legal liability to
persons, personal or real property, or the Property and/or to persons or
personal or real property of neighboring properties; provided, however, that
any such activity shall require Grantee's prior written approval pursuant to
Article Five below and must be conducted in accordance with generally
accepted best habitat conservation and forest management practices and
the Purpose of this Easement.
4.05 Passive Open Space; Agricultural Production and Activities
Grantor shall have the right to use the Property for passive open space
and to engage in all types of agricultural production as presently referenced
in §247 of the General Municipal Law and/or defined in Chapter 185 and/or
Chapter 70 of the Town Code, now, or as they 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.
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• • Grantor may offer "U-Pick" operations and/or the use of a corn maze
to the general public, provided that 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 Section 4.06 herein and as permitted by the Town
Code now or in the future on lands protected by a development rights
easement or other conservation instrument.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Town Code and subject to the approval of the Town of Southold Land
Preservation Committee, provided the improvements are consistent with and
do not derogate from or defeat the Purpose of this Easement or other
applicable laws:
(i) Overhead and underground facilities used to supply
utilities solely to service the permitted structures,
improvements and uses on the Property.
(ii) Pervious farm roads and pervious parking areas for
passive open space use and/or permitted agricultural
use; any pervious parking areas shall be subject to all
required approvals by the Town and review by the Land
Preservation Committee for consistency with this
Easement.
(iii) Within the "Agricultural Structure Area" shown on the
Survey, new construction, provided such structures are
necessary for or accessory to agricultural production.
(iv) Passive open space structures, including but not limited
to kiosks, benches, interpretive boardwalks, wildlife
viewing areas, hunting stands and blinds, and pervious
trails and pathways, which may be located within or
outside of the Agriculture Structure Area.
(v) Renovation, maintenance and repairs of any
existing structures or structures built or permitted
pursuant to this Section 4.06, provided the primary
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purpose of the structure is consistent with this
Easement.
(vi) Lot coverage, as determined by the Town Code, shall be
limited to ten percent of the buildable area of the entire
Property.
B. Conditions. To the extent practical, any permitted improvements
shall be sited so as to avoid material impairment to 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 Purpose 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.
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 Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
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interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the Property,
including but not limited to imposing a conservation easement on the
Property as that term is defined under the New York State Environmental
Conservation Law, §49.0301, et seq., and/or IRC §170(h). 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
Property, including any taxes or levies imposed to make those payments,
subject, however, to Grantor's right to grieve 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 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, arising from injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, unless such injury is caused solely by Grantee's acts, and from
any taxes, levies or assessments upon it or resulting from this Easement, all
of which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
13
,or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors.
ARTICLE SIX
GRANTEE'S RIGHTS •
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its Purpose and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.03.
6.02 Restoration
In addition to Grantee's remedies under Section 6.03, Grantee shall
have the right to require the Grantor to restore the Property to the condition
required by this Easement and to enforce this right by any action or
proceeding that Grantee may reasonably deem necessary. However, Grantor
shall not be liable for any changes to the Property resulting from causes
beyond the Grantor's control, including, without limitation, fire, flood, storm,
earth movement, wind, weather or from any prudent action taken by the
Grantor under emergency conditions to prevent, abate, or mitigate
significant injury to persons or to the Property or crops, livestock or livestock
products resulting from such causes.
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'
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
14
•protect any of the agricultural values or otherwise to further the Purpose of
this Easement), or in cases where more than thirty (30) days are reasonably
necessary to cure any breach, default or violation, Grantee fails to diligently
pursue such cure until completed, Grantee shall have the right at Grantor's
sole cost and expense (as provided below) and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction;
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto; or
(iii) To 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 Purpose 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.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court, in which Grantee prevails.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within thirty (30) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or by registered or certified U.S. 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
15
the Supervisor and the Town Attorney, or to such other address as Grantee
may designate by notice in accordance with this Section 6.04. Notice shall
be•deemed given and received as of the date of its manual delivery or three
business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or 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
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
to such an extent 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
Property shall not be construed to be grounds for extinguishment of this
Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by Grantee or by any other governmental
entity, then this Easement shall terminate with respect to the Property, or
portions thereof so taken or condemned, and the Property shall not be
subject to the limitations and restrictions of this Easement. If the
condemnation is undertaken by Grantee, Grantor shall be entitled to the
value of the Property reflective of the limitations of this Easement, and any
condemnation award payable to Grantor shall be in proportion to the value
attributable to the residual restricted value of the Property. If the
condemnation is undertaken by an entity other than Grantee, then Grantor's
award shall reflect the unencumbered condition of the Property as if the
Property were not subject to the restrictions contained herein; however, a
portion of such condemnation award shall be payable to Grantee in
proportion to the value attributable to the development rights transferred
hereby.
16
•
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and Grantor and in accordance with any applicable State and local
laws. Any such amendment shall be consistent with the Purpose of this
Easement and shall comply with the Town Code and any regulations
promulgated hereunder and with the Purpose of this Easement, and shall be
duly recorded.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 185 and/or Chapter 70 of the
Town Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and interest,
following a public hearing and, thereafter, ratified by a mandatory
referendum by the electors of the Town of Southold. No subsequent
amendment of the provisions of the Town Code shall alter the limitations
placed upon the alienation of those property rights or interests which were
acquired by the Town prior to any such amendment.
In addition to the limitations set forth above, Grantee shall have the
right 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 the
• 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. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency or
qualified organization that agrees to assume the responsibilities imposed by
this Easement.
17
.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 New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the Purpose of this Easement
as intended by the parties. The parties intend that this Easement, which is
by nature and character primarily negative in that Grantor has restricted and
limited his right to use the Property, except as otherwise recited herein, be
construed at all times and by all parties to effectuate its Purpose.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Warranties
18
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Grant of Development Rights Easement on
the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
PECONIC LAND TRUST, INCORPORATED, Grantor
BY: /
7i\ .. 1 $
Tirco h 3. Cl4 eld, Vice President
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: 4Azt /4-4-#4-
C�
cott A. Russell, Supervisor
STATE OF NEW YORK)
19
COUNTY OF SUFFOLK), SS:
On the /g-t-c day of Arial in the year 2015 before me, the
undersigned, personally ap,7eared Timothy J. Caufeld, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and acknowledged
to me that he/she/they executed the same in his/her/their capacity(ies), and
that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
A1110
Kober+ D. F UO-() Signature/office of individual taking acknowledgement
NOTARY PUBLIC STA of mpg vow
SUFFOUCCOUNTX ftiFASIISSNO
STATE OF NEW YORK) 2Ii4
COUNTY OF SUFFOLK) SS:
On this all day of growt in the year 2015 before me, the
undersigned, personally appeared Scott A. Russell, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual(s)
whose name(s) is (are) subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted,
executed the instrument.
Signatur%fficef individual taking acknowledgement
Ko[ + D. FiIIa-(1
ROBERT o FALLON
NOTARY PUBLIC STATE OF NEW YORK
SUFFOLK OOUNTIS LLC:IO1 FAeLZ1 g
COMM 1911�?I1 �JO19
20
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WOW SIOMARAPE APPEARS HEREON. 1230 TRAVELER STREET
SOUTHOLD. N.Y. 11971 15-158
SCHEDULE A-1 (Description)
Amended 08/05/15
ALL that certain'plot, piece or parcel of land, situate, lying and being at Orient Point in the Town of Southold County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly side of Main Road (S.R. 25) where same intersects the easterly side of land
now or formerly of Peconic Land Trust Inc.;
THENCE northeasterly along the southeasterly side of Main Road (S.R. 25)the following 3 courses and distances:
I) northeasterly along an arc of a curve bearing to the left having a radius of 1060.00 feet a distance of 132.71 feet;
2) North 54 degrees 11 minutes 05 seconds East,255.22 feet;
3) North 54 degrees 10 minutes 25 seconds East,96.52 feet to land now or formerly of Mason Family Trust;
THENCE South 31 degrees 08 minutes 17 seconds East, along land now or formerly of Mason Family Trust, 1605.95 feet
to land now or formerly of State of New York;.
THENCE southwesterly along land now or formerly of State of New York, the following 5 courses and distances:
1) South 51 degrees 44 minutes 24 seconds West, 123.07 feet;
2) South 48 degrees 20 minutes 11 seconds West,78.98 feet;
3) South 77 degrees 17 minutes 56 seconds West,270.62 feet;
4) South 62 degrees 55 minutes 54 seconds West, 126.54 feet;
5) North 60 degrees 22 minutes 53 seconds West, 123.03 feet to land now or formerly of Peconic Land Trust Inc.;
THENCE North 23 degrees 34 minutes 56 seconds West along land now or formerly of Peconic Land Trust Inc., 1412.90
feet to the point or place of BEGINNING.
•
•
•