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HomeMy WebLinkAboutDowns Farm Preserve Adopted 2016 Town of Southold Stewardship Management Plan for Downs Farm Preserve Latest Revision: February 3, 2016 Adopted by the Town Board on February 23rd, 2016 by resolution 2016-236. Properties included in plan: SCTM# Location Project Funding Acquisition Pursuant To 1000-116.-1-3.3 23800 Route 25 Baxter Open Space Bond& Capital Fund Chapter 185 Purposes of Property Acquisition and Conservation Easement This property was purchased as open space. In addition the Town desired to restrict the use of the property and entered into a Conservation Easement with Peconic Land Trust that further limits the use of the property to research, educational, and public access purposes including archaeological research, natural resource education, ecological, biological and historical study. The Conservation Easement also imposes the following restrictions on the property (see Appendices 1 and 2 for additional details): The"Fort Area" shall remain in its archaeologically valuable, undeveloped and undisturbed state. The"Access Area" shall remain in its open, natural and scenic state. The "Interpretive Center Area" may be further developed with an Interpretive Center/Management Center for the Property, with appurtenant improvements. Special Conditions Downs Farm Preserve is subject to a Conservation Easement. See Appendix 2 for the Conservation Easement. Should anything in this Stewardship Management Plan conflict with the Conservation Easement the Conservation Easement shall supersede the Stewardship Management Plan and the Stewardship Management Plan will be updated to remove the conflict(s). Stewardship Management Plan for Downs Farm Preserve Page 1 of 34 Prohibited Activities All activities not related to the purposes of the property acquisition and conservation easement are prohibited. Use of motorized vehicles and equipment is prohibited with the exceptions of: vehicles and equipment necessary for approved stewardship work; emergency/public safety vehicles; motorized wheelchairs/scooters for the handicapped; and registered vehicles used by visitors to access the designated parking area or overflow parking areas on the preserve as depicted in Appendix 1 for parking purposes only. The creation of new trails except as outlined in the Allowed Activities section below. Trapping of wildlife with the exception of Town approved trapping of diseased wildlife and feral cats. Fireworks. Weddings, parties, reunions, flea markets, swap meets, antique shows, car shows. Camping, fires, bonfires. Sports whether organized or"pick up" in nature. Paintball and other similar war games. Town Approval of Activities No activities related to the purposes of the property acquisition and conservation easement are allowed on the property without the explicit approval of the Town Board except for the activities listed in the Allowed Activities section below. Allowed Activities Section I Public Uses Interpretive and Access Areas only Access shall be from dawn to dusk unless posted otherwise or approved per the Town Approval of Activities section above. Hiking,jogging, walking. Cross country skiing. Nature walks/surveys, bird watching, citizen science surveys. Star gazing. Pets are allowed per Appendix 6. Stewardship Management Plan for Downs Farm Preserve Page 2 of 34 Deer hunting per the Town's Deer Management Program. Participation in the General Activities outlined below. Public Uses Fort Area only General public access to the Fort Area as depicted in Appendix 1 is only allowed with the written permission of the Town per the Conservation Easement in Appendix 2. Section II General Activities Inventories of the property including flora, fauna, trails, trash, archaeological features, structures and any other aspects provided that conducting such inventories does not alter or damage the property. Invasive species control and removal provided same is conducted per the invasive species plan in Appendix 7 or additional formal invasive species plans using Best Management Practices are approved, made part of this management plan and followed. The invasive species plans will be updated, expanded and amended as needed based on monitoring of the property for the extent of invasive species present. Clean up of man made trash provided such clean up does not damage the property. Stewardship Management Plan for Downs Farm Preserve Page 3 of 34 Section III Infrastructure The former farm house and school house shall be known as the Interpretive Center. The Interpretive Center shall only be used for purposes related to the acquisition and conservation easement purposes of the property. The Interpretive Center may be maintained and repaired within its existing foot print. Yard area — the area immediately around the Interpretive Center as depicted in Appendix 1 may be maintained as a yard with a lawn and typical trees and shrubs provided that no invasive species are used. The lawn may be mowed as needed. Picnic tables may be made available in this area. Other tables or displays may be temporarily installed in this area for programs provided that such programs are consistent with the purposes of the property acquisition. Bird or other wildlife feeders may be installed and maintained within this area. If necessary this area may be used for overflow parking provided that the parking does not damage the area or anything within the area. Signage — the following signage is allowed: entrance sign, trail head kiosk, Town open space signs, posted/no hunting signs, safety signs, rules/regulations signs, directional trail signs and Deer Management program signs. A driveway and parking area constructed of crushed stone or a similar material is allowed in the area near the Downs Farm Interpretive Center as depicted in Appendix 1 and may be maintained as needed. An unpainted fence to delineate the parking area is allowed and may be maintained and repaired as necessary. The amphitheatre style seating near the Interpretive Center may be maintained within its current footprint and shall remain unpainted. Gardens and other planted areas may be maintained within the Yard area provided that they do not include any invasive species and that they are maintained in a manner that does not create any safety issues for the public. The trails as depicted in Appendix 1 shall be maintained as the official trail system. The trails shall be maintained so they are approximately 4 to 8 feet wide and passable with vegetation not to exceed six inches in height. As needed the trails may be mowed and trimmed, fallen branches/trees that block or partially block the trails may be removed, sections of the trails that have been damaged by erosion or ATVs may be restored and leveled using soil or wood chips, areas of the trails subject to becoming wet and muddy may be covered with a layer of wood chips. Wood chips may also be used to reduce or eliminate the need for regular mowing of the trails. Trail maintenance will be kept to the minimum necessary to maintain the trails in a condition that allows the public to use the trails safely. The boardwalk depicted in Appendix 1 may be maintained within its current footprint and shall remain unpainted. The trails or any sections thereof may be closed to the public should any unsafe conditions exist; for the purposes of protecting native flora and fauna or for the Town's Deer Management Program. Signage denoting such closures is allowed. Stewardship Management Plan for Downs Farm Preserve Page 4 of 34 Appendices 1. Trail System Map 2. Conservation Easement 3. Fauna Inventory 4. Flora Inventory 5. Bird Species Listing 6. Pets on Downs Farm Preserve 7. Invasive Species Plan Stewardship Management Plan for Downs Farm Preserve Page 5 of 34 fid' Country Club Dr i,t, Interpretive Center •.4'-' r. •:. ' Klosk 1yy a �, Yard Interpretive • AreaCenter Area O • r c • • • Boardwalk • r'' sAccess - Area s o r-� � " ��~ a • Fort Area • 0 iii w8Y hill aYuLW46l—.-.,,,.a,.1,..>0s.'3 i+ .,z,N,relc Appendix 1 Preserve Boundaries 50.9 Acres N Downs Farm Preserve Map Prepared 6y Town of Southold Geographic Information Syste Approved Trails 1.1 Miles w —E January27 2o1e 23800 Route 25, Cutchogue r Tax Map and ARES Copyright 2016 Trail System MN Parking Area s County of Suffolk NY Stewardship Management Plan for Downs Farm Presen e Page 6 of 34 Appendix 2 Conservation Easement THIS DEED OF CONSERVATION EASEMENT,is made on the 30th day of June, 1997 at Southold,New York. The parties are the TOWN OF SOUTHOLD,having its principal office at 53095 Main Rd. (P.O. Box 1179), Southold,New York 11971 (herein called the"Grantor"),and the PECONIC LAND TRUST, INCORPORATED,a not-for-profit New York Corporation,having a principal office at 296 Hampton Road(P.O.Box 2088), Southampton,New York 11968(herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County,New York hereinafter more fully described in Schedule A attached hereto,further described as part of Suffolk County Tax Map Parcel Number 1000-116-1-3,and hereinafter referred to as the"Property": and WHEREAS, the Grantor acquired the"Property" as part of a joint public/private conservation effort including the Grantor's 51 acre parcel,a 15-acre wooded parcel immediately adjacent to the south of the Grantor's Property and a 39-acre agricultural parcel immediately adjacent to the west of the Grantor's Property: and WHEREAS, the Grantor's Property is part of a 25 acre area that was nominated as a National Landmark as defined by the United States Department of the Interior and is on record with the United States Department of the Interior,National Park Service, and is in the National Register of Historic Places:and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 51-acre parcel of Property so that a portion of the Property(hereinafter referred to as the"Fort Area"), comprising 22.9602 acres of the Property, more fully described in Schedule B attached hereto) shall remain in its archaeologically valuable,undeveloped and undisturbed state. Another portion of the Property consisting of 19.5292 acres of the Property(hereinafter referred to as the"Access Area",more fully described in Schedule C attached hereto) shall remain in its open,natural and scenic state,and the remainder of the Property(hereinafter referred to as the"Interpretive Center Area",comprising 8.5106 acres of the Property, more fully described in Schedule D attached hereto),may be further developed with an Interpretive Center/Management Center for the Property,with appurtenant improvements,as shown in Exhibit A:and WHEREAS, the Grantor intends to restrict the Property against ally residential,commercial,or industrial use and to limit the use of the Property generally for research, educational,and public access purposes. WHEREAS, it is the policy of the Town of Southold,as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board,Town of Southold code, Section 272-a of the 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, Town Law 64(17-a)authorizes the Town Board to preserve and protect historic areas and General Municipal Law 2477 authorizes a town to acquire and preserve open space:and WHEREAS, the Town of Southold has decided that these goals are best served by the creation of a conservation easement which will ensure that the open space and archaeological elements of this site are both protected and effectively utilized by the Town of Southold in perpetuity: and WHEREAS, the Town of Southold determined that the creation of this conservation easement provides substantial public benefit to the Town,and thus is not a gift under article VIII, 1 of the New York Constitution,and WHEREAS, the Town of Southold acquired the Property pursuant to its Open Space Preservation Program with Open Space Bond proceeds and grant finds from the New York State Office of Parks,Recreation and Historic Preservation known as EPF Project#546059—Fort Corchaug:and WHEREAS, the Property in its present open space condition has substantial and significant value as a historic, archaeologically important resource by reason of the fact that it has been identified as Fort Corchaug and is,therefore, on the National Register of Historic Places, and has not been subject to ally development. Stewardship Management Plan for Downs Farm Preserve Page 7 of 34 NOW, THEREFORE: 0.01 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(1) (3)of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation(herein called"the Code"}, and incorporated under the Not-For-Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental,agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.02 Purpose The parties recognize the environmental,archaeological,and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee,exclusively for the purpose of preserving its archaeological value and natural open space character 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. 0.03 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board,and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of a Nationally nominated Historic Place possessing archaeologically valuable land as well as natural habitat land that should be protected and maintained as a preserve. 0.04 Documentation The Grantee acknowledges by acceptance of this Easement that the existing uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural,archaeological,wildlife,watershed, scenic,and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared,with the Grantor's full cooperation,an inventory of the Property's relevant features and conditions(the'Baseline Documentation'). This Baseline Documentation includes,but need not be limited to,a conservation easement map as shown in Exhibit A,an aerial photograph,photographs of the Property, a topographical map,a description and site plan of existing land uses,features,and structures,if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's historical and present 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, sujry eys, reports,photographs, or other evidence to assist in the resolution of the controversy. 0.05 Recitation In consideration of the previously recited facts,mutual promises,undertakings and forbearances contained in this Easement,the parties agree upon its provisions,intending to be bound by it. Stewardship Management Plan for Downs Farm Preserve Page 8 of 34 ARTICLE ONE THE EASEMENT 1.01 Type This Deed conveys a Conservation Easement(herein called the'Easement'). This Easement shall consist of the covenants,restrictions,rights,terms,and conditions recited in this Deed. Reference to this"Easement"or its "Provisions"in this Deed shall include any and all of those covenants,restrictions,rights,terms and conditions. 1.02 Duration This Easement shall be a burden upon and nut with the Property in perpetuity. 1.03 Effect The covenants,terms,conditions,restrictions and purposes of this Easement shall nut with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement 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. Any rights,obligations,and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns,and the word'Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO GRANT AND ACCEPTANCE GRANTOR hereby voluntarily and irrevocably 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 and all future owners,tenants,occupants,assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS ON THE PROPERTY 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 The construction or placement of residential, commercial,industrial or other buildings or structures of any kind or nature,permanent or temporary, on, over or under the Property except as permitted in Section 4.05. 3.02 Excavation and Removal of Materials The excavating,mining or filling of the Fort Area, except as may be necessary to undertake further archaeological research and study of the fort site as allowed in Section 4.05. The removal of topsoil, sand,or other materials shall not take place on the Property, nor shall the topography of the Property be changed without the prior written consent of the Grantee except to undertake f rther archaeological research and study of the fort site. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee. 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 except for the accumulation of material related to the archaeological research and Stewardship Management Plan for Downs Farm Preserve Page 9 of 34 excavation that may take place on site. Any such accumulation must be deposited in a pre-determined location and disposed of within a reasonable period of time as determined by the Town of Southold and Grantee. 3.05 Signs The display of signs,billboards,or advertisements on the Property except signs,whose placement,number,and design do not significantly diminish the scenic character of the Property and only for the following purposes: a)to state the name and historical value of the Property, including interpretive signs and signs announcing New York State and other municipal grants or contributions,b)to post the Property to control unauthorized entry or use,c)to announce the Grantee's conservation easement. Any such signs that require lighting will be externally illuminated only. 3.06 Cutting of Timber The clearing,cutting or harvesting of timber or woodland on the Property except for the following purposes: a)to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise,b)to pane and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement,as determined by the Grantee in its sole discretion, c)provide access to the fort site, d)to excavate the fort site and surrounding archaeological area and e)the improvements allowed in Section 4.05. All of the above must be conducted with prior written notice to the Grantee. 3.07 Utilities The creation or placement of overhead utility transmission lines,utility poles,wires,pipes,wells or drainage and septic systems on the Property except with the Grantee's prior written consent or as otherwise permitted herein.Lighting will be permitted only to the extent necessary for security, and public safety purposes related to the Fort Area and Interpretive Center. 3.08 Uses The use of the Property for any residential,commercial,industrial use or purpose of any kind or nature except as permitted in Section 4.03. ARTICLE FOUR GRANTOR'S RESERVED RIGHTS ON THE PROPERTY 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary 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 maturer and for any purpose consistent with and not prohibited by this Easement,as well as applicable local,New York State,and federal law,which will not defeat or derogate from the purposes of this Easement, Grantee recognizes that Grantor has acquired the Property so that the Property will be available for public access for the uses and purposes set forth herein. This Easement is not intended to affect, limit or restrict Grantor's right to use the Property for such public purposes. This Easement shall not be interpreted or construed in a manner contrary to or inconsistent with the foregoing. The purposes for which this Property may be used are archaeological research,natural resource education, ecological, biological and historical study. Consistent with these purposes, the following acts,uses and practices shall be permitted upon or within the Property and designated areas as follows: Stewardship Management Plan for Downs Farm Preserve Page 10 of 34 A. Fort Area-Reserved for general open space,preservation of nature:habitat and research and educational purposes related to the archaeological resources on site with the written permission of the Town of Southold in its sole discretion. B. Access Area-Reserved for nature trails and pedestrian access to Downs Creek. C. Interpretive Center/Management Center Area-Reserved for museum,interpretive, educational and archaeological uses, as well as a parking and staging area for activities on the site. The area may also contain a residential caretaker use,as well as storage of equipment needed for site maintenance. 4.04 Landscaping Activities Except as otherwise restricted by this Easement, Grantor shall have the right to conduct landscaping activities necessary to the uses and improvements intended in Article Four,including,without limitation,restoration of natural vegetation,pruning and ground maintenance on the Property. Grantor shall have the right to conduct natural habitat restorations consistent with Section 4.03C above. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead,diseased, dangerously decayed or damaged on the Property with written notice to the Grantee. 4.05 Structures and Improvements Grantor shall have the right to maintain and improve the existing,habitable building and make additional improvements on the Property as contemplated in this Section 4.05. Any expansion of the existing structure or construction of new structures, facilities and improvements shall relate to the uses intended in Section 4.03 above and shall be consistent with the purposes of this easement. This shall not be construed to permit recreational fields or arenas and associated structures.More specifically, structures and improvements shall be permitted in each designated area as follows: Area A—"Fort Area" Grantor shall have the right to construct and maintain the following non-residential improvements on the Fort Area which are necessary to and consistent with the uses outlined above. (i) Non-Permanent storage structures near the fort site for use related to archaeological activities that may take place on the Property as required pursuant to reasonable archaeological practices. Such structures shall not have concrete foundations:and (ii) Other temporary sheds and tents near the fort site for use related to archaeological activities that may take place on the Property: and (iii)Unimproved Access Drives to provide access to the archaeological fort site and other archaeological areas:and (iv) Fences only for use in protecting archaeological resources and constructed so as not to substantially interfere with wildlife use of the Property. Area B—"Access Area" (i) Unpaved hiking trails, cleared in a manner sensitive to the environmental resources: and (ii) Structures related to the hiking trails,including but not limited to fences, interpretive signs,boardwalks,etc., constructed so as not to obstruct wildlife movement:and (iii)Unimproved Access Drives to provide access to the archaeological fort site and other archaeological areas. Stewardship Management Plan for Downs Farm Preserve Page 11 of 34 Area C- "Interpretive Center/Management Area" (i) Grantor shall have the right to maintain,improve,renovate and reconstruct one(1) Single Family residential structure for on-site management purposes and/or educational staff: and (ii)Grantor shall have the right to construct,maintain,improve, renovate and reconstruct other non-residential and non- commercial structures for the uses as intended in Section 4.03C above: and (iii)Unimproved Access Drives, to provide access to the"Access Area"and the Fort Area":and (iv)Underground facilities normally used in connection with supplying utilities. Any underground utilities must,to the extent possible,be constructed within 30 feet of the center line of access drives, and may be used primarily to service the educational/research activities: and (v)An unpaved parking area and unpaved roadways and driveways to service the parking area:and (vi)Unpaved hiking trails,cleared in a manner sensitive to the environmental resources: and (vii) Structures related to the interpretive center and hiking trails including but not limited to fences, interpretive signs, boardwalks, etc.provided same do not obstruct wildlife movement. 4.06 Notice Grantor shall notify Grantee,in writing,before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures which are subject to Grantees approval which shall not be unreasonably withheld. Such approval,disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full names and mailing addresses of all Grantees, and the individual principals thereof,under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement,without modification or amendment of the terms of this Easement,and shall incorporate this Easement by reference, specifically setting forth 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. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments If at any time,the owner of the Property shall not be a governmental entity or a tax exempt entity, such owner shall then 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. If such owner fails to make such payments, Grantee is authorized to make such payments(but shall have no obligation to do so)upon ten days prior written notice to owner,according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment,if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by owner at two percentage points over the prime rate of interest from time to time charged by Citibank,N.A. Stewardship Management Plan for Downs Farm Preserve Page 12 of 34 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes,levies of 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, attorney's fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a)from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee,its officers, employees, agents,or independent contractors:and b)from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement,excepting any of those matters arising solely from the acts of Grantee,its officers, employees, agents,or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times,upon reasonable prior notice to Grantor,and in a manner that will not interfere with the Grantor's quiet use and enjoyment of the Property,for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03,nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem necessary. However,it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control,including,without limitation,fire,flood, storm,and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent,abate,or mitigate significant injury to the Property 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 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 protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i)to institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction, (ii)to enter upon the Property and exercise reasonable efforts to terminate or cure such breach,default or violation and/or to cause the restoration of that portion of the Property affected by such breach,default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly permitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances,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. 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. Stewardship Management Plan for Downs Farm Preserve Page 13 of 34 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief at any other time. 6.05 Assignability Grantee may assign any and all of its rights and responsibilities under this Easement with the consent of the Grantor, which consent may not be unreasonably withheld. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h) (3) then this Easement shall be vested in such qualified corporation,body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights,title and interest in and to this Easement to a qualified organization,then the rights and responsibilities under this Easement shall become vested in another qualified organization,in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extinguishment In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, then the extinguishment of this easement must be established by judicial proceeding. If all or any part of the Property is taken under the power of eminent domain by public, corporate,or other authority other than the Grantor, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified only in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants miming with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end. Grantee and Grantor shall mutually have the right,in their sole discretion,to agree to amendments to this Easement which are not inconsistent with the purposes of this Easement set forth in herein. 7.03 Severability Stewardship Management Plan for Downs Farm Preserve Page 14 of 34 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 lo whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement which is determined to be invalid or unenforceable by a court shall be severed from the other provisions,which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written.Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail,with sufficient prepaid postage affixed and with return receipt requested.Mailed notice to Grantor shall be addressed to Grantor's address as recited herein,or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein,marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects,including validity, construction,interpretation,breach,violation and performance. 7,06 Interpretation Regardless of any contrary rule of construction,no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,one of which would render that provision invalid,then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by parties. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement,and. this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement,which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.07 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 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. 7.09 Headings The headings,titles and subtitles herein have been inserted solely for convenient reference,and shall be ignored in its construction. Stewardship Management Plan for Downs Farm Preserve Page 15 of 34 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Basement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED TOWN OF SOUTHOLD (Grantor) By: Jean Cochran Supervisor ACKNOWLEDGED AND ACCETPED PECONIC LAND TRUST(Grantee) BY: John v.H. Halsey President STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On this, 30th day of June, 1997,before me personally appeared Jean Cochran,who,being by me duly sworn, said that she resides at Boisseau Avenue, Southold NewYOrk,11971,and that she is the Supervisor of the TOWN OF SOUTHOLD, the Grantor mentioned and described in and which acknowledged and accepted all the rights and responsibilities under the foregoing instrument and this Easement conveyed therein:and that she signed her name thereto by authority of the Board of Trustees of the said Municipal Corporation. Notary Public PATRICIA L FALLON Notary Public State of New York STATE OF NEW YORK) COUNTY OF SUFFOLK) SS.: On this 30th day of June, 1997,before me personally appeared JOHN v.H. HALSEY,who,being by me duly sworn, said that he resides at 469 Majors Path,Town of Southampton,New York,that he is President of PECONIC LAND TRUST, INCORPORATED .the Grantee mentioned and described in and which acknowledged and accepted all the rights and responsibilities under the foregoing instrument and this Easement conveyed therein:and that he signed his name thereto by authority of the Board of Directors of the said Corporation. Notary Public PATRICIA L FALLON Notary Public State of New York Schedule A:Metes and Bounds Description of the Property. Schedule B: Metes and Bounds Description of the Fort Area. Schedule C: Metes and Sounds Description of the Access Area. Schedule D:Metes and Bounds Description of the Interpretive Center/Management Area. Exhibit A: Conservation Easement Map. Stewardship Management Plan for Downs Farm Preserve Page 16 of 34 Schedule A The Property May 29, 1997 Surveyor's Description- Parcel to be Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County,New York S.C.T.M. No.: 1000-116-1-P/O 3 ALL that certain plot,piece, or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,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 Main Road(N.Y.S.Rte 25), said point being the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road(N.Y.S. Rte 25)from the intersection of the southerly side of Main Road(N.Y.S.Rte 25)with the westerly side of Linden Avenue: RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two(2)courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision- "Map of Country Club Estates"filed in the Office of the Clerk of Suffolk County as File Number 6737: RUNNING thence along the approximate centerline of Downs Creek and along Lot 30,and along land designated as Marsh Area on Subdivision-"Map of Country Club Estates"the following twenty nine(29)tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg. 52 min, 56 sec, West 17,05 feet, 3. South 28 deg. 48 min, 16 sec. West 105.00 feet, 4. South 16 deg. 57 min. 26 sec. West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min. 36 sec. West 58.93 feet, 7. South 33 deg. 40 min. 54 sec.East 86.84 feet, 8. South 38 deg. 26 min. 34 sec.East 82.01 feet, 9. South 00 deg. 28 min. 44 sec.East 31,91 feet, 10. South 16 deg. 39 rain. 56 sec. West 64.33 feet, 11. South 14 deg. 14 min. 16 sec. West 137.89 feet, 12. South 00 deg: 20 min. 26 sec. West 149.20 feet, 13. South 03 deg. 36 min. 24 sec. East 93.42 feet, 14. South 64 deg. 26 min. 34 sec. East 26.51 feet, 15. South 03 deg. 30 min. 56 sec. West 192.18 feet, 16. South 14 deg. 23 min. 36 sec. West 122.47 feet, 17. South 05 deg. 11 min. 14 sec. East. 28.46 feet, 18. South 37 deg. 58 min. 26 sec. West 26.44 feet, 19. South 69 deg. 04 min. 46 sec. West 24.55 feet, 20. South 07 deg. 29 min. 04 sec. East 68.97 feet, 21. South 88 deg. 51 min.-44 sec.East 42.40 feet, 22. South 37 deg. 23 min. 24 sec. East 31.85 feet, 23. South 32 deg. 36 rain. 56 sec. West 110.72 feet, 24. South 36 deg. 46 min. 24 sec. East 31.05 feet, 25. South 80 deg. 24 min. 34 sec. East 45.53 feet, 26. North 37 deg. 40 min. 56 sec. East 51.88 feet, 27. South 67 deg. 00 rain. 24 sec. East 32.23 feet, 28. South 30 deg. 11 min. 06 sec. West 82.39 feet, 29. South 00 deg. 26 min. 26 sec. West 74.47 feet to land now or formerly North Fork Country Club: Stewardship Management Plan for Downs Farm Preserve Page 17 of 34 RUNNING thence along the approximate High Water Mark of Downs Creek the following twenty two(22)tie-line courses and distances: 1. South 69 deg. 59 min. 32 sec. West 69.92 feet, 2. North,38 deg. 45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min. 28 sec. West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg. 00 min. 33 sec. East 40.37 feet, 7. South 33 deg. 42 min. 05 sec. East 103.20 feet, 8. South 25 deg. 35 min. 39 sec. West 52.73 feet, 9. South 66 deg. 31 min. 07 sec. West 113.81 feet, 10. South 03 deg. 12 min. 11 sec. West 95.73 feet, 11. South 03 deg. 49 min. 31 sec. West 47.36 feet, 12. North 29 deg. 21 min. 15 sec. East 35.41 feet, 13. South 85 deg. 26 min. 16 sec. East 20.48 feet, 14. South 69 deg. 15 min. 28 sec. East 81.98 feet, 15. South 49 deg. 12 min. 43 sec. East 32.59 feet, 16. South 01 deg 32 min. 05 sec. East 89.72 feet, 17. South 18 deg. 57 min. 45 sec. West 199.95 feet, 18. South 33 deg. 35 min. 15 sec. West 279.92 feet, 19. South 02 deg. 43 min. 21 sec. East 98.15 feet, 20. South 03 deg. 42 min. 44 sec. West 88.31 feet, 21. South 08 deg. 30 min. 13 sec. West 32.38 feet, 22. South 70 deg. 11 min. 06 sec. East 45.60 feet to Lot 1,Minor Subdivision"Peconic Land Trust": RUNNING thence South 84 deg. 00 min. 04 sec. West along Lot 1,Minor Subdivision"Peconic Land Trust"a distance of 833.74 feet to Lot 2,Minor Subdivision"Peconic Land Trust": RUNNING thence along Lot 2,Minor Subdivision'Peconic Land Trust the following seven(7)courses and distances: 1. North 11 deg. 44 min. 34 sec. East 22.01 feet, 2. North 08 deg. 44 min. 58 sec. West 384.17 feet, : 3. North 12 deg. 17 min. 18 sec. East 1160.92 feet, 4. North 60 deg. 40 min. 52 sec. East 236.81 feet, 5. North 08 deg. 24 min. 31 sec. West 365.47 feet, 6. North 60 deg. 43 min. 05 sec. East 423.96 feet, 7. North 10 deg, 59 min. 12 sec. West 713.51 feet to the southerly side of Main Road(N.Y.S. Rte 25): RUNNING thence along the southerly side of Main Road(N.Y.S.Rte 25)the following two(2)courses and distances: 1. North 62 deg. 08 min. 50 sec. East 234.55 feet, 2. North 65 deg. 10 min. 40 sec. East 288.16 feet to land now or formerly William Jimenez and the point or place of Beginning. CONTAINING an area of 51.0000 Acres. Stewardship Management Plan for Downs Farm Preserve Page 18 of 34 Schedule B July 1, 1997 Surveyor's Description Fort Area over Portion of Land Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County,New York S.C.T.M No.: 1000-116-1-P/O 3 ALL that certain plot,piece, or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,Town of Southold, County of Suffolk,and State of New York,bounded and described as follows: BEGINNING at a point on the easterly line of land luiown and designated as Lot 2 Minor Subdivision"Peconic Land Trust" said point being situate the following courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road(N.Y.S. Rte 25): 1. South 65 deg. 10 min. 40 sec. West along the southerly side of Main Road(N.Y.S. Rte 25)288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road(N.Y.S.Rte 25)234.55 feet to land luiown and designated as Lot 2 Minor Subdivision"Peconic Land Trust": RUNNING thence along land luiown and designated as Lot 2 Minor Subdivision"Peconic Land Trust"the following five(5)courses and distances: 1. South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust"713.51 feet, 2. South 60 deg. 43 min. 05 sec. West 423.96 feet, 3. South 08 deg. 24 min. 31 sec. East 365.47 feet, 4. South 60 deg. 40 min. 52 sec. West 236.81 feet, 5. South 12 deg. 17 min. 18 sec. West 387.00 feet: RUNNING thence from said point of beginning North 88 deg. 46 min. 10 sec. East 838.28 feet to the approximate High Water Mark of Downs Creek: RUNNING thence along the approximate High Water Mark of Downs Creek the following sixteen(16)tie-line courses and distances: 1. South 33 deg. 42 min. 05 sec. East 103.20 feet, 2. South 25 deg. 35 min. 39 sec. West 52.73 feet, 3. South 66 deg. 31 min. 07 sec. West 113.81 feet, 4. South 03 deg. 12 min. 11 sec. West 95.73 feet, 5. South 03 deg. 49 min. 31 sec. West 47.36 feet, 6. North 29 deg. 21 min. 15 sec. East 35.41 feet, 7. South 85 deg. 26 min. 16 sec. East 20.48 feet, 8. South 69 deg. 15 min. 28 sec. East 81.98 feet 9. South 49 deg. 12 min. 43 sec. East 32.59 feet, 10. South 01 deg. 32 min. 05 sec. East 89.72 feet, 11. South 18 deg. 57 min. 45 sec. West 199.95 feet, 12. South 33 deg. 35 min. 15 sec. West 279.92 feet, 13. South 02 deg. 43 min. 21 sec. East 98.15feet, 14. South 03 deg. 42 min. 44 sec. West 88.31 feet, 15. South 08 deg. 30 min. 13 sec. West 32.38 feet, 16. South 70 deg. 11 min. 06 sec. East 45.60 feet to Lot 1,Minor Subdivision"Peconic Land Trust": Stewardship Management Plan for Downs Farm Preserve Page 19 of 34 Schedule B (continued) Page2 Ju13-1, 1997 RUNNING thence South 84 deg. 00 min. 04 sec. West along Lot 1:Minor Subdivision"Peconic Land Trust"a distance of 833.74 feet to Lot 2,Minor Subdivision"Peconic Land Trust": RUNNING thence along Lot 2,Minor Subdivision"Peconic Land Trust"the following three(3)courses and distances: 1. North 11 deg. 44 min. 34 sec. East 22.01 feet, 2. North 08 deg. 44 min. 58 sec. West 384.17 feet, 3. North 1£deg. 17 min. 18 sec. East 773.92 feet to the point or place of Beginning. CONTAINING an area of 22.9602 Acres. Stewardship Management Plan for Downs Farm Preserve Page 20 of 34 Schedule C July 1, 1997 Surveyor's Description Access Area over Portion of Land Conveyed to the Town of Southold at Cutchogue,Town of Southold,. Suffolk County,New York S.C.T.M. No.: 1000-116-1-P/O 3 ALL that certain plot,piece, or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,Town of Southold, County of Suffolk,and State of New York,bounded and described as follows: BEGINNING at a point on the easterly line of land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust" said point being situate the following three(3)courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road(N.Y.S.Rte 25): 1. South 65 deg. 10 min. 40 sec. West along the southerly side of Main Road(N.Y.S. Rte 25) 288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road(N.Y.S.Rte 25)234.55 feet to land know and designated as Lot 2 Minor Subdivision"Peconic Land Trust", 3. South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust"713.51 feet: RUNNING thence from said point of beginning North 70 deg. 20 min. 31 sec. East 433.16 feet to land known and designated as Marsh Area "Map of Country Club Estates"filed in the Office of the Clerk of Suffolk County as File Number 6737 and the approximate centerline of Downs Creek: RUNNING thence along land known and designated as Marsh Area "Map of Country Club Estates" and the approximate centerline of Downs Creek the following nineteen(19)tie-line courses and distances: 1. South 14 deg. 14 min. 16 sec. West 11.95 feet 2. South 00 deg. 20 min. 26 sec. West 149.20 feet 3. South 03 deg. 36 min. 24 sec. East 93.42 feet 4. South 64 deg. 26 min. 34 sec. East 26.51 feet 5. South 03 deg. 30 min. 56 sec. West 192.18 feet 6. South 14 deg. 23 min. 36 sec. West 122.47 feet 7. South 05 deg. 11 min. 14 sec. East 28.46 feet 8. South 37 deg. 58 min. 26 sec. West 26.44 feet 9. South 69 deg. 04 min. 46 sec. West 24.55 feet 10. South 07 deg. 29 min. 04 sec. East 68.97 feet, 11. South 88 deg. 51 min. 44 sec. East 42.40 feet, 12. South 37 deg. 23 min. 24 sec. East 31.85 feet, 13. South 32 deg. 36 min. 56 sec. West 110.72 feet, 14. South 36 deg. 46 min. 24 sec. East 31.05 feet, 15. South 80 deg. 24 min. 34 sec. East'45.53 feet, 16. North 37 deg. 40 min. 56 sec. East 51.88 feet, 17. South 67 deg. 00 min. 24 sec. East 32.23 feet, 18. South 30 deg. 11 min. 06 sec. West 82.39 feet, 19. South 00 deg. 26 min. 26 sec. West 74.47 feet to land now or formerly North Fork Country Club: Stewardship Management Plan for Downs Farm Preserve Page 21 of 34 Schedule C(continued) Page 2 July 1, 1997 RUNNING thence along the approximate High Water Mark of Downs Creek the following six(6)tie-line courses and distances: 1. South 69 deg. 59 min. 32 sec. West 69.92 feet, 2. North 38 deg. 45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min. 28 sec. West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg. 00 min. 33 sec. East 40.37 feet to a point: RUNNING thence South 88 deg. 46 min. 10 sec. West through land of the Town of Southold a distance of 838.28 feet to land known and designated as Lot 2,Minor Subdivision"Peconic Land Trust": RUNNING thence along land known and designated as Lot 2,Minor Subdivision"Peconic Land Trust"the following four(4)courses and distances: 1. North 12 deg. 17 min. 18 sec. East 387.00 feet, 2. North 60 deg. 40 min. 52 sec. East 236.81 feet, 3. North 08 deg. 24 min. 31 sec. West 365.47 feet, 4. North 60 deg. 43 min. 05 sec. East 423.96 feet to the point or place of Beginning. CONTAINING an area of 19.5292 Acres. Stewardship Management Plan for Downs Farm Preserve Page 22 of 34 Schedule D July 1, 1997 Surveyor's Description Interpretive Center Area over Portion of Land Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County,New York S.C.T.M. No.: 1000-116-1-P/O 3 ALL that certain plot,piece, or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,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 Main Road(N.Y.S.Rte 25), said point being the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road(N.Y.S. Rte 25)from the intersection of the southerly side of Main Road(N.Y.S.Rte 25)with the westerly side of Linden Avenue: RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two(2)courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision- "Map of Country Club Estates"filed in the Office of the Clerk of Suffolk County as File Number 6737: RUNNING thence along the approximate centerline of Downs Creek and along Lot 30,and along land designated as Marsh Area on Subdivision- Map of Count-Club Estates"the following eleven(11)tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg. 52 min. 56 sec. West 17.05 feet, 3. South 28 deg. 48 min. 16 sec. West 105.00 feet, 4. South 16 deg. 57 min. 26 sec. West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min. 36 sec. West 58.93 feet, 7. South 33 deg. 40 min. 54 sec.East 86.84 feet, 8. South 38 deg. 26 min. 34 sec.East 82.01 feet, 9. South 00 deg. 28 min. 44 sec.East 31.91 feet, 10. South 16 deg. 39 min. 56 sec. West 64.33 feet, 11. South 14 deg. 14 min. 16 sec. West 125.94 feet to a point: RUNNING thence South 70 deg. 20 min. 31 sec. West through Land of the Town of Southold a distance of 433.16 feet to Lot 2,Minor Subdivision"Peconic Land Trust": RUNNING thence North 10 deg. 59 min. 12 sec. West along Lot 2,Minor Subdivision "Peconic Land Trust"713.51 feet to the southerly side of Main Road(N.Y.S.Rte 25): RUNNING thence along the southerly side of Main Road(N.Y.S.Rte 25)the following two(2)courses and distances: North 62 deg. 08 min. 50 sec. East 234.55 feet, North 65 deg. 10 min. 40 sec. East 288.16 feet to land now or formerly William Jimenez and the point or place of Beginning. CONTAINING an area of 8.5106 Acres. Stewardship Management Plan for Downs Farm Preserve Page 23 of 34 Appendix 3 Fauna List for Downs Farm Preserve Prepared by Cornell Cooperative Extension Mammals ❑ Opossum Procyon lotor ❑ Red Fox Vulpes vulpes ❑ Eastern Cottontail Sylivagus floridanus ❑ Grey Squirrel Sciurus carolinensis ❑ Southern Flying Squirrel Glaucomys volans ❑ Star-Nosed Mole Condylura crisata ❑ Short-Tailed Shrew Blarina brevicauda ❑ Little Brown Bat Myotis lucificus ❑ Big Brown Bat Eptesicus fuscus ❑ Feral Cat Felis domestica ❑ White-Footed Mouse Peromyscus leucopus ❑ Deer Mouse Peromyscus maniculatus ❑ Muskrat Ondatra zibethica ❑ White Tailed Deer Odocoileus virginianus Reptiles and Amphibians ❑ Snapping Turtle Chelydra serpentina ❑ Eastern Box Turtle Terrapine carolina carolina ❑ Diamond Back Terrapin Malaclemys terrapin terrapin ❑ Garter Snake Thamnophis sirtalis sirtalis ❑ Brown Snake Storeria dekayi dekayi ❑ Eastern Hognose Snake Heterodon platirhinos ❑ Milk Snake Lampropeltis triangulum ❑ Ring-Necked Snake Diadophis punctatus edwardsii ❑ Red-Backed Salamander Plethodon cinereus ❑ Red-Spotted Newt Notophthalmus viridescens ❑ Spring Peeper Pseudacris crucifer ❑ Grey Tree Frog Hyla versicolor ❑ Green Frog Rana clamitans ❑ Southern Leopard Frog Rana sphenocephala ❑ American Toad Bufo americanus ❑ Fowler's Toad Bufo fowleri Birds ❑ American Crow Corvus brachyrhynchos ❑ Fish Crow Corvus ossifragus ❑ Blue Jay Cyanocitta cristata ❑ American Robin Turdus migratorius ❑ Eastern Bluebird Sialia sialis ❑ Wood Thrush Hylocichia mustelina ❑ Red-Bellied Woodpecker Melanerpes carolinus ❑ Downy Woodpecker Picoides pubescens Stewardship Management Plan for Downs Farm Preserve Page 24 of 34 ❑ Hairy Woodpecker Picoides villosus ❑ Northern Flicker Colaptes auratus ❑ Black-Capped Chickadee Parris atricapillus ❑ Tufted Titmouse Parris bicolor ❑ Dark-Eyed Junco Junco hymenalis ❑ Yellow-Rumped Warbler Dendroica coronata ❑ Northern Cardinal Cardinalis cardinalis ❑ Ring-Necked Pheasant Phasianus colchicus ❑ Ruffed Grouse Bonasa umbellus ❑ Bobwhite Quail Collinus virginianus ❑ Canada Goose Branta canadensis ❑ Black Duck Anas rubripes ❑ Mallard Anas platyrhynchos ❑ Wood Duck Aix sponsa ❑ Double-Crested Cormorant Phalacrocorax auritus ❑ Great Blue Heron Ardea herodias ❑ Great Egret Ardea alba ❑ Snowy Egret Egretta thula ❑ Whippoorwill Caprimulgus vociferus ❑ Common Nighthawk Chordeilus minor ❑ Ring-Billed Gull Lanis delawarensis ❑ Great Black-Backed Gull Lanis marinas ❑ Herring Gull Lanis argentatus ❑ Least Tern Sterna antillarum ❑ Common Tern Sterna hirundo ❑ Belted Kingfisher Ceryle alcyon ❑ Red-Tailed Hawk Buteo jamaicensis ❑ American Kestrel Falco sparverius ❑ Northern Harrier Circus cyaneus ❑ Sharp-Shinned Hawk Accipiter striatus ❑ Coopers's Hawk Accipiter cooperii ❑ Osprey Pandion haliaetus ❑ Great Horned Owl Bubo virginianus ❑ Eastern Screech Owl Otus asio Stewardship Management Plan for Downs Farm Preserve Page 25 of 34 Appendix 4 Flora List for Downs Farm Preserve Prepared by Cornell Cooperative Extension Aceraceae (Maple Family) ❑ Acer platanoides Norway Maple Anacardiaceae (Sumac Family) ❑ Rhus copallinum Dwarf or Winged Sumac ❑ Toxicodendron radicans Poison Ivy Apiaceae (Carrot Family) ❑ Cicuta maculate Spotted Water Hemlock ❑ Sium suave Hemlock Water Parsnip Aquifoliaceae (Holly Family) ❑ Ilex opaca American Holly Araliaceae (Ginseng Family) ❑ Aralia nudicaulis Wild Sarsaparilla Asteraceae (Aster Family) ❑ Baccharis halimifolia Groundsel-tree ❑ Bidens frondosa Devils's Beggartick ❑ Cirsium vulgare Bull Thistle ❑ Eupatorium perfoliatum Thoroughwort; Boneset ❑ Iva frutescens High-tide Bush; Saltmarsh-elder ❑ Lactuca serriola Prickly Lettuce ❑ Leontodon autumnalis Fall Dandelion ❑ Solidago sempervirens Seaside Goldenrod ❑ Symphyotrichum tenuifolium Perennial Salt-marsh Aster ❑ Taraxacum officinale Common Dandelion Brassicaceae (Mustard Family) ❑ Alliaria petiolata Garlic Mustard Caprifoliaceae (Honeysuckle Family) ❑ Lonicera japonica Japanese Honeysuckle ❑ Viburnum acerifolium Maple-Leaf Viburnum ❑ Viburnum dentatum var. lucidum Southern Arrowwood Celastraceae (Bittersweet Family) ❑ Celastrus orbiculatus Asian Bittersweet Chenopodiaceae (Goosefoot Family) ❑ Salicornia maritime Slender Glasswort; Saltwort Stewardship Management Plan for Downs Farm Preserve Page 26 of 34 Clethraceae (Clethra Family) ❑ Clethra alnifolia Coastal Sweet Pepperbush Cupressaceae (Cypress Family) ❑ Junipers virginiana Eastern Red Cedar Cyperaceae (Sedge Family) ❑ Cyperus sp. Flat Sedge ❑ Schoenoplectus robustus Saltmarsh or Sturdy Bulrush Ericaceae (Heath Family) ❑ Vaccinium angustifolium Low-bush Blueberry ❑ Vaccinium corymbosum High-bush Blueberry Fabaceae (Pea Family) ❑ Robina pseudoacacia Black Locust Fagaceae (Beech Family) ❑ Fagus grandifolia American Beech ❑ Quercus alba White Oak ❑ Quercus coccinea Scarlet Oak ❑ Quercus ilicifolia Scrub/Bear Oak ❑ Quercus velutina Black Oak Juglandaceae (Walnut Family) ❑ Carya alba Mockernut Hickory Lamiaceae (Mint Family) ❑ Glechoma hederacea Ground Ivy; Gill-Over-the-Ground ❑ Lycopus virginicus Virginia Water Horehound Lauraceae (Laurel Family) ❑ Sassafras albidum Sassafras Lemnaceae (Duckweed Family) ❑ Lemna minor Duckweed Liliaceae (Lily Family) ❑ Allium canadense Wild Garlic ❑ Maianthemum canadense Canada Mayflower ❑ Maianthemum racemosa False Solomon's Seal Monotropaceae (Indian Pipe Family) ❑ Monotropa uniflora Indian Pipe; Corpse-plant Myricaceae (Bayberry Family) ❑ Morella pensylvanica Northern Bayberry Stewardship Management Plan for Downs Farm Preserve Page 27 of 34 Oleaceae (Olive Family) ❑ Ligustrum vulgare Privet Oxalidaceae (Wood-Sorrel Family) ❑ Oxalis stricta Yellow Wood Sorrel Phytolaccaceae (Pokeweed Family) ❑ Phytolacca Americana Pokeweed Plumbaginaceae (Leadwort Family) ❑ Limonium carolinianum Sea Lavender Poaceae (Grass Family) ❑ Distichlis spicata Spikegrass ❑ Panicum virgatum Switchgrass ❑ Phragmites australis Common Reed ❑ Spartina alterniflora Smooth Cordgrass ❑ Spartina patens Saltmeadow Cordgrass Polygonaceae (Buckwheat Family) ❑ Polygonum pensylvanicum Pennsylvania Smartweed ❑ Polygonum perfoliatum Giant Climbing Tearthumb ❑ Polygonum persicaria Spotted Lady's Thumb ❑ Polygonum sagittatum Arrow-leaved Tearthumb ❑ Polygonum sp. Knotweed ❑ Rumex acetosa Garden Sorrel Pyrolaceae (Shinleaf Family) ❑ Chimaphila maculate Striped or Spotted Wintergreen Ranunculaceae (Buttercup Family) ❑ Ranunculus bulbosus Bulbous Buttercup ❑ Ranunculus recurvatus Hooked Crowfoot; Blisterwort ❑ Ranunculus repens Creeping Buttercup Rosaceae (Rose Family) ❑ Amelanchier sanguinea Round-leaved Serviceberry ❑ Prunus serotina Wild Black Cherry ❑ Rosa multiflora Multiflora Rose ❑ Rubus sp. Brambles, Blackberry, Raspberry Smilaceae (Catbrier Family) ❑ Smilax glauca Cat Greenbrier ❑ Smilax rotundifolia Roundleaf Greenbrier; Bullbrier Solanaceae (Potato Family) ❑ Solanum dulcamara Climbing Nightshade Stewardship Management Plan for Downs Farm Preserve Page 28 of 34 Sphagnaceae (Peat Moss Family) ❑ Sphagnum sp. Sphagnum Moss Tiliaceae (Linden Family) ❑ Tilia Americana American Basswood; Linden Vitaceae (Grape Family) ❑ Parthenocissus quinquefolia Virginia Creeper ❑ Vitis labrusea Fox Grape Stewardship Management Plan for Downs Farm Preserve Page 29 of 34 Appendix 5 Downs Farm Preserve Bird Species Listing as of March 2015 based on eBird observations beginning in 2003 NY SGCN Seq Species DEC Status Audubon Status Status Breeding Status 1 Canada Goose Probable 2 Mute Swan Probable 3 American Wigeon 4 American Black Duck SGCN High 5 Mallard 6 Northern Pintail SGCN 7 Bufflehead 8 Hooded Merganser 9 Red-breasted Merganser 10 Ring-necked Pheasant 11 Horned Grebe SGCN 12 Double-crested Cormorant 13 Great Blue Heron 14 Great Egret SGCN 15 Snowy Egret SGCN 16 Green Heron 17 Turkey Vulture 18 Osprey Special Concern Confirmed 19 Red-tailed Hawk 20 Killdeer 21 Greater Yellowlegs SGCN 22 Lesser Yellowlegs 23 Least Sandpiper 24 Herring Gull 25 Great Black-backed Gull 26 Least Tern Threatened Red List SGCN 27 Mourning Dove Probable 28 Ruby-throated Hummingbird 29 Belted Kingfisher 30 Red-bellied Woodpecker Probable 31 Yellow-bellied Sapsucker 32 Downy Woodpecker Probable 33 Hairy Woodpecker Probable 34 Northern Flicker Probable 35 Merlin 36 Eastern Wood-Pewee 37 Great Crested Flycatcher Probable 38 Eastern Kingbird 39 Warbling Vireo 40 Red-eyed Vireo 41 Blue Jay Probable 42 American Crow Probable 43 Fish Crow 44 Purple Martin Stewardship Management Plan for Downs Farm Preserve Page 30 of 34 NY SGCN Seq Species DEC Status Audubon Status Status Breeding Status 45 Tree Swallow 46 Bank Swallow 47 Barn Swallow 48 Black-capped Chickadee Probable 49 Tufted Titmouse Probable 50 White-breasted Nuthatch 51 Brown Creeper 52 House Wren Probable 53 Winter Wren 54 Carolina Wren Probable 55 Blue-gray Gnatcatcher 56 Golden-crowned Kinglet 57 Veery 58 Gray Thrush 59 Swainson's Thrush 60 American Robin Probable 61 Gray Catbird Probable 62 Brown Thrasher SGCN High 63 Northern Mockingbird 64 European Starling 65 Cedar Waxwing 66 Northern Waterthrush 67 Black-and-white Warbler 68 Nashville Warbler 69 Common Yellowthroat Probable 70 American Redstart 71 Northern Parula 72 Yellow Warbler Probable 73 Chestnut-sided Warbler 74 Blackpoll Warbler 75 Black-throated Blue Warbler SGCN 76 Yellow-rumped Warbler 77 Black-throated Green Warbler 78 Eastern Towhee Probable 79 American Tree Sparrow 80 Chipping Sparrow 81 Fox Sparrow 82 Song Sparrow 83 White-throated Sparrow 84 Dark-eyed Junco 85 Northern Cardinal Probable 86 Red-winged Blackbird Probable 87 Common Grackle Probable 88 Brown-headed Cowbird 89 Baltimore Oriole 90 House Finch 91 American Goldfinch 92 House Sparrow Stewardship Management Plan for Downs Farm Preserve Page 31 of 34 Current Status Notes: NYS DEC • Special Concern: Any native species for which a welfare concern or risk of endangerment has been documented in New York State.(New York State DEC, 2001). • Threatened: Those designated by the DEC as likely to become endangered within the foreseeable future throughout all or a significant portion of their range. • Endangered: Those designated by the DEC as seriously threatened with extinction. Audubon Watch List • Yellow: This category includes those species that are declining but at a slower rate than those in the red category. These typically are species of national conservation concern. • Red: Species in this category are declining rapidly, have very small populations or limited ranges, and face major conservation threats. These typically are species of global conservation concern. New York Species of Greatest Conservation Need(SGCN) • High Priority SGCN: The status of these species is known and conservation action is urgent in the next ten years. These species are declining and must receive timely management intervention or they are likely to reach critical population levels in New York. • SGCN: The status of these species is known and conservation action is essential. These species are expected to experience significant declines over the next ten years and will need management intervention to secure their populations. • Non-SGCN Species of Potential Conservation Need: The trends in abundance and distribution of these species are poorly known, but there is an identified threat to the species, or the species has a high level of intrinsic vulnerability. Further research and surveys are needed to determine their actual population status. Although not classified as SGCN, actions for their conservation will be identified and they will be included in the State Wildlife Action Plan. Stewardship Management Plan for Downs Farm Preserve Page 32 of 34 Appendix 6 Pets on Downs Farm Preserve o Unless posted otherwise, pets are allowed provided that they are leashed and under control at all times while on the preserve. o The Town may permanently or temporarily restrict pets from the preserve or designated areas of the preserve for reasons including, but not limited to, wildlife and nesting habitat protection and public safety. Such restrictions will be approved by the Town Board and will be posted at the preserve. o All pet waste must be picked up and properly disposed of as required by Southold Town Code. o Failure to follow pet rules may result in all pets being prohibited from using the preserve. Stewardship Management Plan for Downs Farm Preserve Page 33 of 34 Appendix 7 Invasive Species Plan Downs Farm Preserve has issues with Mile-a-minute Weed. The following shall apply for the control of this invasive throughout the preserve: • Where practical it may be mowed or weed wacked to prevent it from covering other species and producing seed. • It may be removed by hand pulling. If it is removed prior to having viable seeds it may be left off trail. If the seeds are viable the pulled plants will be placed in plastic bags and allowed to bake in the sun long enough to kill the seeds. • Any plants or portions of plants that have grown over other desirable plants shall be pulled off to allow the other plants to grow normally. • The extent of the infestation will be monitored each year and documented with photos to record the status of the infestation. Should any issues with invasive Autumn Olive, Russian Olive or Oriental Bittersweet develop at Downs Farm Preserve the following maintenance standards will be followed for these species: • Should any specimens of these species encroach on the trails or be found in off trail areas the entire specimen will be cut down as close as possible to the ground and either removed from the preserve or cut up/chipped so that it does not encroach on the trail. • If necessary herbicide may be applied to the stump to prevent new growth. Use of herbicide will be per the Town's Policy for the Use of Pesticides &Fertilizers. • Specimens treated will be monitored for new growth. Should any new growth be detected the specimen will be cut and treated with herbicide as above. • Where Oriental Bittersweet has been cut off at ground level and it is not practical to pull the rest of the plant down from where it has climbed the plant will also be cut as high above ground as practical to prevent the cut portion of the plant from becoming an easy vector for new growth to climb up again. Stewardship Management Plan for Downs Farm Preserve Page 34 of 34