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HomeMy WebLinkAbout1000-117.-8-18 « � �' �����mmmmmm�uuuuuuuuuuuuuuui�uuuuuuuuuuuuuuuuuuuuuuuuu������mmmmmmmui�uiu�cmauuuu i II <�� 1111111 IIII 11111 IIII{VIII 11111 11111 VIII II1111111 IIII {11111 11111 11111 1111 IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING Type of Instrument: EASEMENT Recorded: 09/06/2013 Number of Pages: 11 At: 02 :31:11 P Receipt Number : 13-0112505 NUMBER:TRANSFER TAX 1 -03545 LI 00174 P 316 District: Section: Block: Lot: 1000 117 .00 08. 00 018.001 EXAMINED CHARGED A5 FOLLOWS DeedAmount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $0. 00 YES Handling $0 .00 YES COE $0.00 YES NYS SRCHG $0.00 YES TP-584 $0. 00 YES Notation $0.00 YES Cert.copis $0 . 00 YES RPT $0 .00 YES Transfer t 0.00 YES Ca .Pres $0. 00 YES Fees Paid $0.00 TRANSFER TAX NUMBER: 13-03545 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk county �c# 8 947' COUNTY STATE F NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Curt of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 09106/2013 under Liber D0001 2743 and Page 316 and; that the same is a true copy thereof, and of the whole of such original, In Testimony her f, I have hereunto set my hand and affixed the seat of said County and Court this 09/0812013 SUIrFOLK COUNTY CLERK JUDITH A.PASCALE SEAL `�l�j a i Number of pages.�_..�.�. �•,: J g This c1locl;i7 ent will be public record )'vise remove all ° 5ocu l Sec:t0ty Numbers B is prior to recording, Deed/Morta z Instrument Deed/Mortgage Tax 5tam M RecordingIT 9 9p !Filing Stamps FEES Page IFIIIngFee k MortgageAmt, 1,BaslcTax Handling 20. 00 _ ,.,.... ."�'�" 2, Additional Tawe Sub Total SpecJA Notation sslt. or EA•5217(County) Sub Total w•_ _ , w Spec/Add. EA-5217(State) 'TOT,MTC,1iAX_......... _ R.P,T.S,A. _. _ Dual Town Dual County Held for Appointment Comm.of Ed. �_5•M� Trarus6erTax Affidavit Mansion Tax s Certified Copy u The property covered by this mortgage is - — or will be Improved by a one or two NYS Surcharge is. 00 family dwelling only, Sub Total , YE5 or NO _ Other If NO,see a ropriate tax clause on Grand Total._(' rI � Nd.,�,��, pp 4),j page N of this Instrument. 2565946 1000 11700 0600 18001., 18 S Community r se, atlon Fund Real Propep T Consideration Amount S Tax Service (RLPA A �Njj1jjjjjj Agency ¢wsiCla-1S Cks °1" Due S _� Verifpcatlo µ „ Impeoved- 6 atlsfa iorarlN7lsehar2esdhCclease s hist F"ropterty Owners Maslllnq Address RECORD&RETURN TO: vacant(Land TD_ _...._ Wickham,Bressler&Geam,P.C. P.O.,O.Box 1424 Td.. . .. _ Mattituck,New York 11952 TO Mail to:Judith A.Pascals,Suffolk CountyClerk 7 Title Coni nn•c Info �- ( ) natio 340 Center Drive, Riverhead, NY 11901 Co.Name www.su1`1[oIkcountyny,gov/cJ9rk -° Title Suffolk County � This page forms part of the attached _.._Cwonservatien I asuinent lade bYa (SPECIFY TYPE OF INSTRUMENT) �c�6foVlc WJ utarFc Int_�urtd. Inc, _ _ the►eremites herein is sdtuated in SUFFOLK COUNTY,NEW YORK TO fnO-uPTOWNof ._„ooilslo-lrJ 11(S�cpporxrw aonc r a>1 aha,�'DQ`9r�y o fl IC°arTkwIn the VILLAGE 11.e CrggiionVi,l- « s ~� `Yrir)Aa .:6If ) raf da ... _ ,._ .................. ._ _..._ iTOXL-S 6 Tilgij a MUS TBE TYPED OR P°W71D IN MACK RIZ(OM.lY PRiC:R TO RECOl�ta NG CA p pi qC, New Suffolk Waterfront Fun J Acquisition of Waterfront Propnqrrtty EPF-EI0025-L2 Office of Parks,Recreation and Historic Preservation EPF Conservation Easement ECL Article 49 CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT,made this 15 1 day of ITLU 2013 between the New Suffolk Waterfront Fund,Inc.,having an address at 650-1"—Street,POO—B`ox 1-4 ,—New Suffolk,New York 11956 ("Grantor"),and THE PEOPLE OF TfIE STATE OF NEW YORK, acting by and through the Conunissioner of the Office of Parks,Recreation and Historic Preservation,Albany,NY 12238(for USPS postal mail),with offices at 625 Broadway,Albany,NY 12207(for physical delivery),("Grantee"). WITNESSETH: WIIEREAS,Grantor is the owner of all that certain real property located in New Suffolk,Town of Southold, County of Suffolk,New York,as more particularly described in Exhibit A attached hereto and made a part hereof(the"Protected Property"); and WHEREAS, the Protected Property possesses significant recreational,scenic,historical,architectural and open space features and values; and WHEREAS,Grantor is, as of the date hereof,with the granting of this Conservation Easement, confirming its commitment to develop,maintain,operate and provide for the public's use and enjoyment a PARK PROJECT as defined in 9NYCRR 439.2m and 441.4b;and is agreeing to construct,develop,preserve and operate a park on the Protected Property as required in 9NYCRR 441.4b; and WHEREAS, the State of New York has awarded the Grantor a grant under the provisions of the Environmental Protection Act in connection with EPF Grant No.E10025 for the acquisition of the Protected Property; and WHEREAS,the Protected Property will be used as a public park which will include open space,picnic areas,beachfront area,waterfront viewing area, fishing pier,submarine base memorial, and historical areas,among other amenities-, and WHEREAS,Grantor has agreed to place restrictions on the Protected Property as part of its transaction with Grantee,while retaining the use of the Protected Property as a public park as defined above; and WHEREAS,the State of New York has enacted Article 49,Title 3 of the Envirom-nentat Conservation Law (as the same may be amended, "Article 49") to provide for the limitation and restriction of development, management and use of real property by Conservation Easement; NOW,THEREFORE,in consideration of the facts above recited and of the mutual covenants,terms, conditions and restrictions herein contained and other good and valuable consideration, Grantor does hereby grant and convey to Grantee,its successors and assigns forever, a Conservation Easement pursuant to Article 49, in perpetuity consisting of the terms, covenants and obligations on Grantor's part to be observed and performed and Grantee's rights to monitor and enforce same, all as hereinafter set forth, over and across the Protected Property (the "Easement"). 1. Purpose.The purpose of this Easement is to grant to Grantee certain rights to restrict the use and development of the Protected Property to protect in perpetuity the use of the Protected Property for the purpose of providing waterfront open space for public access and use, and through such protection, enhance,preserve and protect said Park for the use and enjoyment of the public. New Suffolk Waterfront Fund, Acquisition Of Waterfront Property I.-,,PF-El 0025-L2es are inconsistent with thepurpose of this 2. Prohibited Uses and Practices� Tile following uses grad id Easement and shall be prohibited Upon or within the protected Property,exec-Pt to the extent permitted by Paragraph 4 hereof', as expressly permitted (a) Any commercial, industrial or residential uses of the protect ted property,except herein. (b) The division or subdivision of the protected Property. ds,roadways,signs(other ction,mainte"U"ce Or replacenient of any buildings, roO (c) The constructi0l",ere X Is sate,ll )illbo�'a �lishcs,fell",ts,docks or other structures Or or,diructiorlUl, *,115)t l over tlle protecte than inforinatiO1101 on or (,I property except solely the in'rprovelliellis of any kind Or nature �vIl.,*soever (as(lefliled ill sabparagt,aph 4(a)bere0f). waste, 9�trbtage and sa%ydust oil ally porti(Ill of the Protected (d) The dUlf'Ping or storage of aslies, trash, s ru,,1y Ile norrujillyw and asonably Property,except such storage of the aforementioned TnUtcritll 11 ther J)azardous aste materials may be incidental to lises erujitied hereunder. Ni)cl-jenlical wasie�%0YO dumped Of stored or,tire protected property, P 0 ccLed property,which is dctrilliental to (e) Dredgil"g, Millng,excavatiou, fillifIg Or Otb" L'seof t"e' r t botes of the arid tel)iace tl Protectedpe Property;, drainage,wV ater alitY, (,bated control Or tile fishstallall(] Wildlfe airettri pair le rmitted subject,however,to GrantOr's 1iglit to build,in ,mailllaill, ImprOvenlents in accordince with the'Pro)"isiOns Ilereofand all applicable laws and governmenta I regulations, CC topogyllphy,inClUding but not limited to r1l"1191 Disturbances of the protected Propert)"s surfa or ch, ,111ging of the topography excavation,grading,removal of tl)psoll,sand,gravel,rel yrs or rOincrals, n of the land in any manner except as may be reaSOrieTIably "ce'ssary for tilt,construction,C'recl 0 vements,in twoordance installation,maintenance or re 'emetlt of any of the permitted tropro, le Lises of'the ProtectedWith the terms hereof or as may be,normally and reasonably incidental to,any of 0 Property expressly permitted hereby. )icides, or, the Protected Nvifilout limitation,pc ,stici(irs find hert p 11,le n,5e of ioxic chernicals, ille peraJon and maintem',"Ice of te pcitnitted lin Property,except in connection Witt) interior oationt , rks Ecereand Historic Preservationh("OPRI'[P")arid rovcTthe, oents or as permitted by the Office Of Nil - I)epion("DEC")Or arly oill,er governmental agency having artinent of Environmo ental Cnat serw �Yjth all rppl able governmental laws and jurisdiction over thc�Prote%Led propert-Y and ill=01�<"ancc re dations, A rposes or for necessary of Grantee or except as may be reciail ed for cIMQei cy [)Ll tile Ilse of off-road (h) Ex rrrliqed provenients, Grantor or for the construction ',"Ill Of t" holi tion or, �lje protected propC ta 0 motorized vehicles Other the" ori,the roads �rty,including,Witt', automobiles,all-terrain vehicles and motorcycles, 3, AffirrinatiYe PLights,Conveyed. Grantee and its duly authorized representatives shall have the right to enter the Protected property at s contained in Paragraph 6, reasonable times, for inspection purposes a approve any plans for development, construction or (b) Grantee shall have the Tight to review and a rtv .iristallation of structures or improvements on the Protected Prope , 4, Retained Rights of Grantor.Subiect to the purpose and provisions of this Easement, including,without graphs 2 and 3 hereof,Grantor reserves and retains all customary rights of limitation,the provisions of Para& uch rights are exercised in a manner which is not h p n the protected Property,to tile extent s owners!"ll I inconsistent with the use of the premises as a public park, including,but not limited to: New Suffolk Waterfront Fund,Inc. (D Acquisition of Waterfront Property EPF-E10025-L2 (a) The right to renovate,repair and maintain the following existing structures and facilities, as Permitted Improvements, in order to enhance the premises for use as a public park: (1) Bulkhead structures, groins, revetments, and associated decking, pilings,docks,ramps,small equipment storage, and fencing, including replacement thereof-,and installation of accessory lighting,electric,water and other appropriate utilities, and provision for signage for safety precaution. (b) The right to construct, install and maintain the following Permitted improvements as enhancements to the Protected Property for use as a public park: (1) Parking areas,with associated utilities, fencing, signage,landscaping and drainage,; (2) on review and approval by Grantee, as evidenced by a letter signed by the Commissioner or her delegate, underground sanitary facilities and underground drainage structures, and expansion thereof as necessary to comply with applicable regulatory provisions in connection with the use of the structures serviced thereby within the Property and adjoining property of the Grantor,and necessary fill and grading to properly install same in accordance with applicable Health Department regulations. It is expressly understood that all sanitary facilities constructed on premises will be completely underground and will not interfere with the recreational use of the premises. (c) Subject to approval by the Grantee,as evidenced by a letter signed byte Commissioner or her delegate, additional recreational,cultural and support facilities consistent with the use and enjoyment of the Protected Property as a public park. The construction,repair and maintenance of any Permitted Improvement shall be undertaken in a way which mitigates,to the greatest extent practicable,any effects on any stream,wetland,pond,lake or other body of water located within 100 feet of such improvement. (d) The right to manage and improve the land and vegetation by landscaping,including planting, cultivation, trimming and removal of grass, trees,shrubs and flowers for the purpose of enhancing the Protected Property as a public park. (e) The right to include the area of the Protected Property for computation of density in connection with proposed improvements and uses on the remainder of the Grantor's adjoining property, for purposes Of the Suffolk County Dept of Health Services codes and regulations and the Southold Town Zoning Code provided,however, that no construction needed for compliance with the code take place on the protected property beyond that which is peimitted under this easement. 5. Public Access. There shall be public access to the Protected Property,except that access to those areas customarily used for administrative, maintenance, safety and public health purposes, may be restricted, Grantor may promulgate rules and regulations regarding hours of use for the public. 6. Inspection. Grantee and its duly authorized agents,employees and representatives shall have the right to enter the Protected Property upon reasonable notice to Grantor, at such times during normal business hours and in such manner as will not unreasonably interfere with Grantor's use of the Protected Property in accordance with this Easement, to examine and inspect the Protected Property to ensure there are no violations,breaches or defaults of any term, provision,covenant or obligation on Grantor's part to be observed or performed under this Easement. 7. Ui nforcenient 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 or at [aw or in equity, In the event any breach, default or violation of any term, New Suffolk Waterfront Fund, Inc. Acquisition of Waterfront Property EPF%E10025-L2 provision,covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 30 days notice thereof by Grantee(which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which requires immediate action to protect the purpose of this Easement) Grantee shall have the right(a) to institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction, or(b)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, ® Baseline Data. In order to establish the present uses and condition of the Protected Property so as to be able to properly monitor its future uses and condition and assure compliance with the terms hereof, Grantor will make available to Grantee existing documentation in its possession of the natural condition of the Protected Property and Grantee has caused to be prepared such additional documentation deemed appropriate by Grantee,including a survey of the Protected Property showing its relationship to adjacent features and properties,and on-site photographs. The aforementioned documentation shall constitute an inventory of the Protected Property's relevant features and conditions(the "Baseline Data"). The Baseline Data shall be kept on file,at Grantee's offices ands all be accessible to Grantor upon reasonable notice during normal business hours. The parties acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the present uses or condition of the Protected Property,the parties shall not be foreclosed from utilizing all other relevant or material documents,surveys,reports,and other evidence to assist in the resolution of the controversy. To the extent Grantor and Grantee have initialed the Baseline ata®such Baseline Data shall be presumed to be a correct depiction of the Protected Property as of the date hereof. 9® Grant in Perpetuity. (a) The provisions of this Easement shall run with and be a burden upon the Protected Property in perpetuity and shall be binding an Grantor and Grantee and their respective successors and assigns, and any party entitled to possession or use of the Protected Property while such party is entitled to such possession or use® Any successor or assign of Grantee shall be a qualified organization within the meaning of Article 49 and shall expressly assume the obligation to carry out the conservation purpose for which this Easement is -ranted and the other obligations or Grantee hereunder. 0 0 (b) If Grantee or any successor or assign ceases or fails (i) to enforce this Easement, (ii)to exist,or(iii) to be a Qualified Organization, and upon the occurrence of such event,fails to assign all its rights and interest in the Protected Property,and delegate all its responsibilities under this Easement to a Qualified Organization, then the rights and interest of Grantee under this Easement shall be vested in another Qualified Organization in accordance with a cypres proceeding of a court of competent jurisdiction. ® Amendment. This Easement can be modified only in accordance with the common and statutory law of the State of New York applicable to the modification of easements or covenants running 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 including requirements imposed on Grantor pursuant to licensing procedures or any authorized governmental licensing or permitting agency.To this end, r Grantee and Grantor shall mutually have the agree right, in their sole discretion, to to amendments to this 0 Nc•,i Suffolk Waterfront Fund, Inc.' Acq-aisttion of Waterfront Property EPF-E10025-L2 Easement which are not inconsistent with the purpose of the Easement provided,however, that the parties shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49,any regulation issued pursuant thereto, and provided further that Grantee shall agree to the modification of this Easement to conform to such licensing procedures or any other authorized governmental licensing or permitting agency. 11. Notice. All notices required by this instrument must be in writing,and must be personally delivered or deposited in a mail receptacle maintained by the United States Postal Service. A mailed notice must be contained in an accurately addressed, scaled envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Notices to Grantor and Grantee shall be addressed to their respective addresses as set forth above,or to such other addresses as they may designate by notice given in accordance with this Paragraph and to either of their attorneys as they may from time to time designate by notice given in accordance with this Paragraph. Notice shall be deemed given and received as of the date of itspe rsonal delivery or the date of its mailing in accordance with this Paragraph. 12. Cooperation Agreement. Grantor and Grantee agree to cooperate to comply with the provisions of Article 49,and the Regulations promulgated pursuant thereto,so that this Easement will qualify, as a perpetual conservation restriction, thereunder, 13. Indemnification of Grantee. Grantor agrees that Grantee has no affirmative obligation relating to maintenance of the Property, Grantor further agrees that Grantee has no responsibility relating to costs, claims or liability arising from,personal injury,accidents,negligence,or damage to Property resulting from public or private use of the Property allowed by,arising out of,or resultirigfrorn this Easement. Grantor shall indemnify,hold harmless,defend and reimburse the Grantee from and against any and all claims, actions,suits,damages,liabilities,penalties,costs or expenses, including reasonable attorneys'fees,of any kind or nature whatsoever on account of injuries to or death of any person or damage to any property arising out of Grantee's ownership of this Conservation Easement. 14. Grantor's Title. Grantor represents and warrants to Grantee(a) that Grantor is seized of the Protected Property in fee simple,and(b) that Grantor possesses full corporate right and authority to grant and convey this Easement pursuant to this instrument. 15. Grantee's Representations. Grantee represents and warrants that Grantee is a Qualified Organization. 16. Further Conveyance By Grantor. (a) The Grantor shall not sell,dispose or use the Protected Property acquired hereunder for other than public park purposes without the prior written approval of the Commissioner,and the express authority of an act of the Legislature as provided in 9NYCRR 441.5. (b) (Municipalities)The Grantor Municipality shall not restrict the use of or access to the Protected Property by non residents of the municipality or impost a fee for such use without prior written approval of the Commissioner of Parks,Recreation and Historic Preservation. 17. Miscellaneous. (a) This Easement shall be binding on the parties and their respective successors and assigns. The terms "Grantor" and "Grantee", wherever used herein, and any pronouns used in place thereof, shall mean and include their respective successors and assigns. New Suffolk Waterfront Fund, Acquisition of Waterfront Property EP17-1310025-L2 (b) 11 any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. (c) In enforcing its rights hereunder with respect to a breach, default or violation of this Basement, Grantee shall take into account the reasonableness of requiring Grantor to cure the same and the time required to restore the Protected Property under the relevant circumstances,including but not limited to the season of the year and the accessibility of the protected Property to Grantor.- (d) All captions set forth herein are for convenience of reference only, and shall in no event be construed to limit,enlarge or modify any substantive provision of this Easement. (e) References herein to specific actions required or permitted to be undertaken by OPREP and DEC hereunder shall in no way be deemed to waive or limit the regulatory authority or jurisdiction which OPRHP or DEC otherwise have or shall have(independently of the provisions of this Easement). IN WITNESS WHEREOF, Grantor has executed and delivered this Deed of Conservation Easement as of the date first set forth above. New Suffolk Waterfront Fund,Inc. By. but aal 2iajoi�h(ilt Barbara Schnitzler Chairwoman Acknowledged and Accepted-, The People of the State of New York, acting by and through their Commissioner of Parks,Recreation and Historic Preservation By: Earol Clark, Deputy Commissioner-for Real Property and Legislative Affairs DEPARTMENT OF LAW APPROVAL New Suffolk Waterfront Fund,Inc. STATE OF NEW YORK S&: County of SUFFOLK ,. I'- ) in the ywair 2013, before me, the undersigned, personafly appeared Barbara z/1 On the —day ol'61-4'��f� Schnitzler,personall me or proved to nue on the basis of satisfactory evidence to be the individual(s) whose narne(s) is (are) subscribed to the within instru m. ent and acknowledged to me that she executed the sarne in her capacity(ies),and ftat by her signatures) on the instrurnent, the individual (s), or the person upon beh-alf of which the individual(s)acted, executed the.instrument ABIGAIL A, VdG�<HAM I . _ze Nouary Putwk' 61"Ae ot New�(Odlk N 'ic, ouiry'llubt of New'York fqo52-4 642 ausHfied"In SuVdk C, New Suffolk Waterfront Fund,.Inc. Acquisition of Waterfront Property PF- 10025- 2 Bice of Parks,Recreation and Historic Preservation STATE OF NEW YORK ) County of Oil tlra: ��"_ elxay er� � .,�. .-.-gin the.year 2011, k�,�fi�re nye, lite u��der i tied, iacrs�a�x�tlI si�pc�xre�l Carol Clark, personally known to me or proved to ane ern the basis of satisfactory evidence to be the individual whose nasus, is subscribed to(lie. Within instrurnent and acknowledged to nae that she executed tlae same in tier e,,aapacity, and that by tier signature on the instrunze;nt, the individual,or the person UP. a hehaalf of wlaicla the'nel'aF laaaal aacteel, executed the instrument. 111 Notary Public,State Ofe �.� w York Record Return to; COLLEEN C LU TE Beatrice a ache NOTARY PUBLIC-STATE oF NEW YORK Grants Office No. DIMC6174218 S OPRHP Qual.011ed in saralogoCo my Albany,NY 12238 y c Hllon Expires Sup , br 17,2c' New Suffolk Waaerfrq,.)nt Func.% TiL Acquisifiori of Waterfront Property EPF-E10025-1,2 EXHlBrJ'A toric Preserva tion E4 asemen t Area ALL that certain plot,piece or parcel of land situate, lying and being at New Suffolk,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BE GINNING at a point on the easterly side of First Street distant 177.54 feet northerly from the corner formed by the easterly side of First Street and the northerly side of Main Street; RUNNING THE NCE North 06 degrees 54 mutes 30 seconds East, 45.00 feet along the easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 60,00 feet; THENCE South 06 degrees 54 minutes 30 seconds West, 150.58 feet-, THENCE South 83 degrees 45 minutes 00 seconds East,241.03 feet to the face of a bulkhead and the high water line of Cutchogue Harbor, THENCE along the face of a bulkhead and high water line of Cutchogue Harbor the followitig five(5) courses and distances., 1) South 28 degrees 59 minutes 55 seconds East, 37.42 feet; 2) South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 3) South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 4) North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 5) South 28 degrees 55 n-tinutes 00 seconds East,33.09 feet to the high water line of Cutchogue Harbor on a stone jetty; THENCE the following eight(8) tie line courses and distances along the high water line of Cutchogue Harbor, on and through a stone jetty- 1) South 81 degrees 48 minutes 54 sec.onds East,20.94 feet; 2) South 79 degrees 10 rninutes 39 seconds East,22,67 feet; 3) South 84 degrees 08 minutes 06 seconds East,45D8 feet„ 4) South 81 degrees 15 ininutes 12 secands East,21.64 feet; 5) South 74 degrees 46 T-ninutes 36 seconds East, 62,60 feet, 6) South 4 degrees I I minutes 29 seconds East 3332 feety- 7) North. 88 degrces 44 n-dnwes 33 seconds West 176.52 feet; 8) North 63 degrees 27 minutes 30 seconris West 31.27 feet„ CONT1141JING THENCE atong the high water kne of'Cuichoolue 11arbor the following two(2)fie line Courses and distances: 1) South 47,Jqurees 05 minutes 00 secmi& West,73,61 ftzt;, and 2) South 37 de rowan 54 minutes 57 secon&West, 27.65 feet.; THENCE North 32 de-rces 45 minures 00 p,econds West, 108.70 fea to the souflteasLedy Leu minus of'Main Ss.rect; bik,)ii 6-� 06 defl!n-es 1-1, 1116nnws wd" Al"" 'oA f(lr0 ndnilo 01'r, onO�'Iid v h'g mk-'wc r'r AAna 4zii New Suffolk Waterfront Fun of Waterfront Pro oK, EPF-E 10025-L2 the northeasterly terminus of Main Street; THENCE Orth 83 degrees 45 minutes 00 seconds West, 172.94 feet along the northerly side of Main Street; THENCE Orth 06 degrees 54 minutes 30 second Fast, 177,55 feet; THENCE North 3 degrees 47 minutes 30 seconds West,20.00 feet to the easterly side of First Street at the point or place of BEGMUNG. Containing 51,993 Square feet to high water line described in Liber 12646 Page 869. Reference SCTM. 1000-117-08-18 (pfo) Being and intending to grant a conservation easement over the aforesaid portion of the premises acquired by the Grantor by decd from ecoic Land Trust Incorporated dated December 17,2010, and recorded December 23, 2010 in the Suffolk County Clerk's Office in Liber 12646 of deeds at page 869. J N ^4 J I,. w w ; IhJ�� I .00vu y �a _ Illi did oil � I 8 ilPIE I SO. r PA� w /u tlM YkNFM I �r��w,. M 10 IN m �o Submission Without a Cover Letter L MAY 2 6 2()I k Board Sender: Pat � o Subj ect: y/ ? - 373 °°,. 3 3 SCTM#: 1000 - Date: Comments: CL ram "(-alr2 ,� G D W� Otla Gc,� ^ CC# : C16-22722 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 05/23/2016 under Liber D00012865 and Page 403 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 05/23/2016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 05/23/2016 Number of Pages : 8 At: 04 : 31 : 35 PM Receipt Number : 16-0079821 TRANSFER TAX NUMBER: 15-29391 LIBER: D00012865 PAGE : 403 District: Section: Block: Lot: 1000 117 . 00 08 . 00 018 . 001 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 .00 NO Cert.Copies $5 .20 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $290 .20 TRANSFER TAX NUMBER: 15-29391 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1.l l 2....1 RECORDED Number of pages 2016 play 23 04:31 e 35 Pt2 JUDITH Re PASCALE CLERK OF This document will be public SUFFOLK COUNTY record.Please remove all L D00012065 P 403 Social Security Numbers DT# 15-229391 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00. m 2. Additional Tax TP-584 ,? Sub Total NotationSPec./Assit. — or EA-52 17(County) Sub Total Spec./Add. _ EA-5217(State) TOT.MTG.TAX R.P.T.S.A. 0(]J O � Dual Town Dual County Held for Appolniment Comm,of Ed. 5. 00 Transfer Tax Affidayi r`* Mansion Tax A�ertlfido adThe property covered by this mortgage is — �'j �' or will be improved by a one or two Nfamily dwelling only. YS Surcharge 15. 00 Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instwment. 4 Dist. 1000 3155515 1000 11700 0800 018001 5 Community Preservation Fund ReaTaxlSeope y (F,8-MAY-1� PT b DHO IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII�IIII�/ C a� erclraatrotn Amount$_....:, Agency OI l� ax Due $ Verification 10'1provecl 6 Satisfactions/Disciiarges/Releases List Property Owners Malhng Address RECORD&RETURN TO: Vacant Land TD.._. ........... New Suffolk Waterfront Fund,Inc. P.O.Box 146 TD New Suffolk,New York 11956 TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# _jL Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Drainag.e Easement _w_ ....... made by: (SPECIFY TYPE OF INSTRUMENT) NewSuffolkWaterfront„Fund Inc. The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of, Southold Town of Southold ., „ In the VILLAGE ...�m..m., or HAMLET of NSr,w...S.14ff4„lk.....m.................................. BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over GRANT OF DRAINAGE EASEMENT TI-IIS indenture made this.. day of-.�#1, 2016; ,by and between NEW SUFFOLK WATERFRONT FUND, INC. a New York not-for-profit corporation with an address of 650 First Street,P.O. Box 146., New Suffolk, Town.of Southold, Suffolk County, New York 11956, (the "Grantor") and TOWN OF SOUTHOLD, with an.address of 54375 Main Road, P.O. Box 1179, Southold, Town of'Southold'. Suffolk County, New York 11971 (the "Grantee"). WHEREAS, the Granton is the owner of a certain parcel of land containing approximately 1.917 acres of land identified by Suffolk County Tax Map number 1000-117-8-18 located on the east side of First Street and the north side of Main Street in the Hamlet of New Suffolk, Town of Southold, Suffolk County, New York, as depicted in Schedule A (the "Property"); and WHEREAS, the Grantee, for drainage purposes.,proposes to maintain, repair and, when necessary, improve and replace the underground drainage system which connects to its existing drainage system in the bed of First Street to conduct stormwater runoff under the land of the Grantor to an outflow pipe and opening in the bulkhead on the northerly side of Grantor's Property (the "Drainage Structures"); and WHEREAS, the Grantor has applied to the Planning Board of the Town of Southold for the approval of a site plan for certain improvements to the Property, and the Town of Southold has required the-grant-of this-drainage easement in-orderto secure such approval; and WHEREAS, the Grantor has agreed to grant to the Grantee this drainage easement; NOW, THEREFORE, IN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, this agreement witnesseth that: r r 1, The Grantor does hereby donate, grant, transfer and convey to the Grantee, a drainage easement in gross, of the nature, character and to the extent hereinafter set forth, over and upon the portion of the Property shown on Schedule B, being 20 feet in width along First Street, and running 200 feet easterly along the northerly boundary line of the Property (the "Drainage Easement Area"). 2. The nature, character and extent of the easement rights hefeby granted are as follows: (a) The right of the Grantee to enter upon the premises at all reasonable times: (i) To install, create and maintain the Drainage Structures on the Drainage Easement Area; and to repair, improve,replace or remove same as needed for the effective drainage as more fully illustrated on Schedule B attached'hereto. (ii) To perform such grading, excavation and the installation of such Drainage Structures as shall be required for the construction, operation, repair, replacement and maintenance of said Drainage Structures and restoration of any damage to the landscaping, parking area, and utility installations on the Property. (b) Said easement for access is limited to the Drainage Easement Area. Grantee's acts shall not inhibit any access to the Property by others, other than on a temporary basis as allowed by this easement, and shall be scheduled, except in emergency circumstances, to minimize disruption to the parking area and other uses on the Property. Grantee will notify Grantor, except when emergency circumstances render same unsafe, of the periods it intends to access the Property for the purposes allowed by-this easement; and-will endeavor to avoid scheduling work between Memorial Day and Labor Day weekends. 3. The Grantor reserves the right to the use and enjoyment of the Grantor's premises to the fullest extent possible without unreasonable interference by the Grantee in the exercise of the Grantee's rights granted herein. 4. The Grantee further agrees to obtain all necessary permits from all governmental agencies necessary to carry out the operations contemplated by this agreement and to comply fully with same at its own cost and expense. 5. .This agreement-and the easements and-rights.granted herein shall run with the land and be binding upon the parties hereto and their respective successors and assigns. 6. Grantee shall indemnify and hold harmless Grantor against all liability associated with or arising from its own acts or omissions in connection with the use of the premises. Such indemnity shall include, without limitation, all costs, expenses, damages and loss, including without limitation reasonable attorney's fees, of Grantor, and the amount of any fines, penalties or defense costs to clear any violations of any environmental or other laws by reason of the existence of such Drainage Structures, and to pay all reasonable damages to the Property sustained as a result of the construction, maintenance and/or operation of the drainage thereon by the Grantee and shall be obligated to restore the affected area in a timely fashion to the condition prior to the damage. 7. The terms of this easement may not be changed orally, and this writing constitutes the entire agreement of the parties. Each party represents to the other that no representations have been made or relied upon by or to either party except those set forth herein. 8. If any term of this easement shall be determined by a court of competent jurisdiction to be unlawful, null or void, all other terms shall remain in full force and effect. 9. Grantor represents to Grantee that the execution of this Easement does not violate any covenant, regulatory restriction, court order or agreement to which its lot may be subject, and that the undersigned is the sole owner of the lot and possessed of full authority to execute same. 10. This easement shall be perpetual unless, by judicial decree or determination or by written agreement of all parties, the beneficial use of the easement or either of them shall cease by operation of law or otherwise. IN WITNESS WHEREOF, the parties.hereto have executed this agreement the day and year first above written. NEWS 11l sC 1 WATERFRONT FUND), INC., Grantor c By: ✓� Pat atricia .E _ c 1nayre - Chair TOWN OF SOA�LC )LD, Q ntec By SLo ..- STATE OF NEW YORK: :ss.. COUNTY OF SUFFOLK: On this o.l` ,� it"1. the year 2016, before me, the undersigned, a Notary Public in and for said State, peasonallyi�apl)eared.PATRICIA E. MCINTYRE personally known to me or proved to me on the basis of satisfactory evidence that she executed the same in her capacity and that by her signature on the instrument, the individual, or the person or entity uj,lora behalf of which the individual acted, executed the instrument. ... "•N lax�.� Publicr y tient inions Notary Public,State of New York No 1-4970341 STATE OF NEW YORK: Qualified to Wfolk Caoonty Commscion Expires Febru0 :ss.: COUNTY OF SUFFOLK: On thisda 1 y of in the year: 016, before me, the undersigned, a Notary Public in and for said State, personally appeared G� ( MMkl personally known to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or entity upon behalf of which the individual acted, executed the instrument. Notary Public re/ns/dr•ainageeasemenllown2-9-IS LAUREN M. STANDISH Notary Public, State of New York No.01 ST6164008 Qualified in Suffolk County Commission Expires April 9,2019 SCHEDULE "A" (X of 2) Surfolk"�atc; l� �ct Pay cc1 .1 ALL that certain plot, piece or parcel of land situate, lying and being at New Suffolk, Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the intersection of the easterly side of First Street with the northerly side of Main Street; RUNNING THENCE North 06 degrees 54 minutes 30 seconds East, 272.54 feet along the said easterly side of First Street; THENCE South 83 degrees 47 minutes 30 seconds East, 134.00 feet; THE,NC.+ South 02 degrees 11 minutes 44 seconds West, 1.79 feet along the apparent high water line to a bulkhead; THE, the following seventeen (17) courses and distances along the apparent high water line and generally along a bulkhead: 1. South 83 degrees 46 minutes 21 seconds East, 40.23 feet, 2. South 82 degrees 14 minutes 52 seconds East, 20.90 feet, 3. South 83 degrees 55 minutes 53 seconds East, 39.16 feet, 4. South 83 degrees 43 minutes 00 seconds East, 18.38 feet; 5. South 00 degrees 47 minutes 07 seconds East, 12.17 feet; 6. South 02 degrees 22 minutes 54 seconds East, 5.32 feet; 7. South 80 degrees 24 minutes 48 seconds East, 3.32 feet; 8. South 02 degrees 31 minutes 37 seconds East, 44.19 feet; 9. South 02 degrees 02 minutes 45 seconds East, 28.54 feet; 10. South 03 degrees 16 minutes 25 seconds East, 24.34 feet; 11. South 01 degrees 30 minutes 29 seconds West, 25.20 feet; 12. South 00 degrees 55 minutes 44 seconds East, 32.85 feet; 13. South 28 degrees 59 minutes 55 seconds East, 70.80 feet; 14. South 32 degrees 15 minutes 54 seconds East, 9.16 feet; 15. South 22 degrees 14 minutes 14 seconds East, 11.26 feet; 16. North 89 degrees 51 minutes 08 seconds East, 14.84 feet; 17. South 28 degrees 55 minutes 00 seconds East, 33.09 feet to the apparent high water line; THENCE the following eight (8) courses and distances along tie lines, along the apparent high Water line, part of the way through a jetty: 1. South 83 degrees 17 minutes 57 seconds East, 10.90 feet; 2. South 77 degrees 11 minutes 40 seconds East, 37.66 feet; 3. South 81 degrees 15 minutes 12 seconds East, 23.01 feet;(referred to below as "Point A")• 4. South 06 degrees 54 minutes 30 seconds West, 19.07 feet; 5. North 86 degrees 03 minutes 16 seconds West, 81.72 feet; 6. South 58 degrees 39 minutes 33 seconds West, 42.58 feet; 7. South 47 degrees 05 minutes 00 seconds West, 73.61 feet; 8. South 37 degrees 54 minutes 57 seconds West, 27.65 feet; SCHEDULE «A» (2 of 2) THENCE North 32 degrees 45 minutes 00 seconds West, 108.70 feet to the southerly side of Main Street; THENCE the following two (2) courses and distances along the easterly and northerly side of Main Street: 1. North 06 degrees 13 minutes 00 seconds East, 49.50 feet; 2. North 83 degrees 45 minutes 00 seconds West, 192.94 feet to the easterly side of First Street and the POINT OR PLACE OF BEGINNING. Containing 93,588 square feet or 2.148 acres of land, more or less. SCTM Reference: 1000-117-8-p/o 18 Together with the portion of the rock revetment which is located under the apparent high tide line on July 10, 2012 and described as follows: Beginning at Point A in the aforesaid description and running thence along the high water line set forth in decd from Peconic Land Trust Incorporated to New'Suffolk WaterfrontFund, lnc. re.corded in Liber 12646 page 869, the following five (5) tie line courses and distances along the former high water line of Cutchogue Harbor, on and through a stone jetty: 1) South 81 degrees 15 minutes 12 seconds East, 21.64 feet; 2) South 74 degrees 46 minutes 39 seconds East, 62.60 feet; 3) South 04 degrees 11 minutes 29 seconds East, 33.72 feet; 4) North 88 degrees 43'minutes 33 seconds West, 176.52 feet; 5) North 63 degrees 27 minutes 30 seconds West, 31.27 feet; Thence along the tie line of the apparent high water mark of Cutchogue Harbor on July 10, 2012, the following three (3.)_courses and..distances:. 1) North 58 degrees 39 minutes 33 seconds East, 42.58 feet; 2) North 86 degrees 03 minutes 16 seconds East, 81.72 feet; 3) South 06 degrees 54 minutes 30 seconds East, 19.07 feet to the point or place of beginning. reINKAPPISchAParcell SC UI B ............... --T i,�,g--—------- LU do LU 0 iL Lu 0< 22 114 iL a P ............. 00 rrPPI w. te; ............... —-------- .......... ............................ .......... ................... ..................... .... ...........................—..... .....................................— . ........................... ........... —----- RECORDED Number of pages 2016 1-11ay 23 04231.3,51 prq JUDITH R. PASCALE CLERK OF This document will be public SUFFOLK COUNTY record.Please remove all L D00012865 P 403 Social Security Numbers DT# 15-29391 prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 TransferTax Affidavi Mansion Tax C Certified Copy The property covered by this mortgage is ertified Copy or will be improved by a one or two family dwelling only. NYS Surcharge 15. 00 Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page#-of this instrument, 4 1000 11700 0800 018001 5 Community Preservation Fund Dist. 1000' 3155515 Tax Service (7R DHO'A 18_M _I Xg Agency 18-MAjY-1 CPF ax Due $ Verification -.00,Miproved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address TD New Suffolk Waterfront Fund, Inc. TD New Suffolk,New York 11956 TD Mail to: Judith A. Pascale, Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name 8 Suffolk County Recording & Endorsement Page This page forms part mfthe attached Grant of Drainage Easement made by: (SPBJFY7YPEOFINSTRUMENT) New Suffolk Waterfront Fund, Inc. The premises herein issituated in SUFFOLK COUNTY,NEW YORK. TO |nthe TOWN of Southold Town of Southold |nthe VILLAGE mrHAN\LETmf New Suffolk BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.