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Home My WebLink AboutL 12855 P 101SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 03/04/2016 Number of Pages: 16 At: 02:43:17 PM Receipt Number : 16-0033544 TRANSFER TAX NUMBER: 15-21670 LIBER: D00012855 PAGE: 101 District: Section: Block: Lot: 1000 022.00 03.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $80.00 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 $20.00 NO RPT $400.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $545.00 TRANSFER TAX NUMBER: 15-21670 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages I This document will be public record. Please remove all Social Security Numbers prior to recording. RECORDED 2016 PIar 04 02:43:17 PN JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNTY L D00012855 P 101 DT# 15-21670 Deed / Mortgage Instrument I Deed / Mortgage Tax Stamp I Recording / Filing Stamps 3 1 FEES Page/ Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP -584 _ 5, -- Sub Total Spec./Assit. Notation — Sub Total or EA -52 17 (County) Spec. /Add. EA -5217 (State) TOT. MTG. TAX R.P.T.S.A. k'\ Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00� Transfer Tax Affidavit •+ Mansion Tax r The property covered by this mortgage is Certified Co Copy or will be improved by a one or twc NYS Surcharge15. 00 '/ U family dwelling only. Sub Total i I YES or NO Other Grand Total j If NO, see appropriate tax clause on page # of this instrum nt. 2 1116 4 gist. 1000 3103174 d 5 Community Preservation Fund Consideration Amount $ Real Property p T s Tax Service R DHO A J 1 I II�IIf�I�ll VIII IIIIIII�I I IIII Agency 22 -FEB -16 CPF Tax Due S Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TO Charles R. Cuddy, Esq. PO Box 1547 TD Riverhead, NY 11901 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information Co. Name 310 Center Drive, Riverhead, NY 11901 www.suffolkeountyny.gov/clerk Title # 8 Suffolk County Recording & Endorsement Page This page forms part of the attached _Open Space Conservation Easement made by: (SPECIFYTYPE OF INSTRUMENT) Aries Estates, LLC The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In theTOWN of Southold Town of Southold In the VILLAGE or HAMLET of East Marion BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over District Secton Block Lot 1000 02200 0300 001000 1000 02200 0300 002000 Stat ID: I 3103174 Tax Maps School District ORIENT -EAST MARION ORIENT -EAST MARION OPEN SPACE CONSERVATION EASEMENT THIS OPEN SPACE CONSERVATION EASEMENT is made on the 315` of August 2015 at Southold, New York. The parties are Aries Estates, LLC a New York limited liability company with office at 535 West 23rd Street, New York, NY 10011 (herein called "Grantor") and the Town of Southold, a municipal corporation, having a principal office at 53095 Main Road, PO Box 1179, Southold, NY 11971 (herein called "Grantee"). INTRODUCTION Whereas, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM#1000-22-3-2, and has made application to and has received approval from the Planning Board of the Town of Southold to subdivide said real property as shown on the Subdivision Map of Shawn Tully prepared by Howard Young, Land Surveyor, which map is to be filed in the Suffolk County Clerk's office; and described in Schedule A, and hereinafter referred to as the "Premises." Whereas, General Municipal Law Section 247 provides for an acquisition by designated governmental bodies and entities, including Towns, of fee title or lesser interests in real property, including conservation easements, which may be necessary and desirable for the preservation, conservation, and retention of open spaces and areas of scenic and natural quality; and Whereas, Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interest in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. Whereas, Section 204-42H of the Subdivision Code of the Town of Southold requires that Standard Subdivision or properties seven acres or more in size preserve a minimum of 60% of the buildable lands as open space in perpetuity; and Whereas, as a condition of approval of this standard subdivision plat and to further the Town's goals of land preservation, the Southold Town Planning Board has required this Open Space Conservation Easement be placed over 6.3286 acres portion of the subject property described in Schedule B, attached hereto and made a part hereof, shown on the aforementioned Subdivision Map as the " Open Space Area No. 1" and "Open Space Area No. 2" and hereinafter referred to as the "Easement Area;" and Whereas, as a condition of said approval, the Planning Board has required that the within Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned Subdivision Map; and NOW THEREFORE, Grantor hereby grants, transfers and conveys to Grantee, an Open -1- Space Conservation easement in gross, which shall be binding upon and shall restrict the premises shown on the aforesaid subdivision map, herein referred to as the Easement Area, more particularly described in and designated in Schedule B annexed hereto and made a part of this instrument. 0.01 Grantor's Warranty and Liens Subordinated Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the Easement Area described in Schedule B, and possesses the right to grant this easement. Grantor has the right to use the Easement Area as collateral to secure the repayment of debt, provided that any lien or mortgage or other rights granted for such purpose, regardless of date, are subordinate to Grantee's rights under this Easement. Under no circumstances may Grantee's rights be extinguished or otherwise affected by the recording, foreclosure or any other action taken concerning any subsequent lien or other interest in the Easement Area. 0.02 Purpose The parties recognize the open space, scenic, natural resource and agricultural values of the Easement Area and have the common purpose of preserving these values. This Deed is intended to convey an Open Space Conservation Easement on the Easement Area by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its open space, scenic, and natural resource qualities, including agricultural soil, by preventing the use or development of the Easement Area for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.03 Boundary Markers The Easement Area boundary shall be marked by concrete monuments at each comer. 0.04 Recitation In consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyne This instrument conveys an Open Space Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. -2- 1.02 Duration This Easement shall be burden upon and run with the Easement Area in perpetuity. 1.03 Effect This Easement shall run with the Easement Area as an incorporeal interest in the Easement Area, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every on of its subsequent agents, successors, and assigns, and the word"Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO CONVEYANCE GRANTOR, as a condition of subdivision approval, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices are prohibited forever upon or within the Easement Area; except as otherwise specifically permitted by the provisions hereof 3.01 Structures and Improvements No structures or improvements may be erected or constructed on the Easement Area except as permitted by Section 4.04 hereof. 3.02 Excavation, Grading and Removal of Materials, Mining The excavating, grading or filling of the Easement Area, except as may be necessary to construct and maintain permitted structures and improvements on the Easement Area as provided in Section 4.04 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Easement Area be changed except to construct and maintain the permitted structures and improvements on the Easement Area and for purposes of erosion control and soil management. 511 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Easement Area. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Easement Area is prohibited. This prohibition shall exclude materials used on the Easement Area in the normal course of sound agricultural practices, including fertilization and composting (for use on-site only). Commercial production of compost is prohibited. 3.05 signs The display of signs, billboards, or advertisements is prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Easement Area and only for any of the following purposes: (a) to state the name and/or address of the Easement Area and the names and the names and addresses of the occupants, b) to temporarily advertise the Easement Area or any portion thereof for sale or rent, (c) to post the Easement Area to control unauthorized entry or use, or (d) to announce Grantee's conservation easement. Signs are subject to regulatory requirements of the Town. 3.06 Soil and Water Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or pollution of any surface or subsurface waters is prohibited. 3.07 Vegetation Except for farming and landscaping as set forth at Section 4,04 the removal of trees, shrubs, and groundcover, is prohibited without the prior written consent of the Southold Town Planning Board. 3.08 Commercial Livestock Except as provided in Section 4.04 hereof, the use of the Easement Area for the raising of livestock for Concentrated Animal Feeding Operations (CAFO's) as defined by the US Environmental Protection Agency shall be prohibited. 3.09 Uses The use of the Easement Area for any commercial or industrial purpose is prohibited. Bona fide agriculture as defined and recognized by the New York State Department Agriculture and Markets shall not constitute a commercial activity for the purpose of this easement. -4- 3. 10 Drainage The use of the easement Area as a leaching or sewage disposal field is prohibited. The use of the Easement Area for drainage is prohibited, except to control flooding or soil erosion on the Easement Area as a result of uses permitted in Section 4.04. 3.11 Development Rights The use of the acreage of this Easement Area for purposes of calculating lot yield on any other property is prohibited. Grantor recognizes that development rights in the Easement area have been extinguished. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of Article Three, Grantor shall retain all other customary rights of ownership in the Easement Area, some of which are more particularly described in this Article Four. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Easement Area, 4.03 Use Grantor shall have the right to use the Easement Area in any manner and for any purpose consistent with and not prohibited by this Easement or applicable local, New York State, or federal law. 4.04 Permitted Uses and Structures Grantor shall have the right to clear vegetation, mow, maintain and cultivate the Easement Area for the purposes of planting field crops, fruits and vegetables as well as providing a paddock area for horses; further the Easement Area may be used for low -impact passive recreational uses such as non -paved walking trails and picnic areas. Fencing to protect crops or to contain horses may be constructed with no prior approval from the Planning Board. The well located on lot 2 is a permitted use pursuant to §240-44 of the Southold Town Code. Excluded from these permitted uses are all other structures and uses not specifically identified as allowed in this Easement, including but not limited to any type of paved areas( except if any is permitted or required for the right of way),tennis courts, swimming pools, off-road motorized vehicles (e.g. dirt bikes, "ATVs"), shooting ranges, and other uses similar in character and potential impact as determined by the Planning Board. -5- In addition, the Grantor shall have the right to complete (in accordance with the approved road and drainage plan), use and maintain the 25 foot right of way and any associated improvements providing access along the western property line as shown on the final subdivision map. In the alternative, the Grantor shall have the right to relocate the 25 foot right of way to the eastern property line if the following conditions are met: 1. The Grantor must obtain a 15 foot right of access for purposes of ingress and egress over the parcel to the east of the subdivision (designated as "now or formerly Patricia D. Garvey" on the final Subdivision Map); and 2. The Grantor must obtain an amended subdivision approval that abandons the access along the western property line, and creates a new access along the eastern property line of the 15 foot right of way, as shown on the Amended Subdivision Map; and 3. The Grantor must remove the original 25 foot right of way on the western property line and restore it with vegetation to the satisfaction of the Planning Board and consistent with the purpose of this easement. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Easement Area, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold 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 Easement Area or from any taxes, levies or assessments upon it or resulting from this Easement, all of which are considered Grantor's sole obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting:(a) from injury to persons or damages to property arising from any activity on the easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents., or independent 152 contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior notice of at least thirty (30) days to Grantor, unless Grantee determines that immediate entry is required to prevent, terminate or mitigate a violation of this easement, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Easement Area, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents, attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require Grantor to restore the Easement Are to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that the Southold Town Planning Board may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Easement Area resulting from causes beyond Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Easement Area resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Easement Area and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Easement Area affected by such breach, default or violation to the condition that existed prior thereto, or -7- (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 ofthis Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section 6.03. 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 or the use of such other remedy or relief at any other time. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment Grantor and Grantee recognize that circumstances could arise which justify amendment of certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee have the right to agree to amendments and discretionary consents to this Instrument, provided that in the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus one vote in favor, such amendment or discretionary consent further or is not inconsistent with the purpose of this grant. Amendments will become effective upon recording. Notwithstanding the foregoing, the Grantee and Grantor have the right or power to consent to any action or agree to any amendment that allows development other than structures already allowed in this document, or that would result in the substantial alteration to or destruction of important natural resources, contradict the purpose of this easement, or limit the term or result in termination of this Conservation Easement, or adversely affect the qualification of this Instrument or the status of Grantee under applicable laws including New York State General Municipal Law §247. -8- 7.03 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or express, certified or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing 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, except as provided in Section 7.06 hereof. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Easement Area shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Easement Area, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Easement Area. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its W execution. 7.09 Recording Grantor shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York, 7.10 Heading The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement Area and supercedes all prior discussions, negotiations understandings or agreements relating to the Easement Area all of which are merged herein. 7.12 Authorization Grantor warrants that the conveyance of this Easement has been duly authorized by its members and Grantee warrants that acceptance of this Conservation Easement has been duly authorized by resolution of the Town Board. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Open Space Conservation Easement on the day andygar—set-Forkabove. Aries Est , LLC By: ak' Shawn Tully, Member /Grantor Town of Southold (Grantee) By:%44W ,zC fie] , Supervisor -10- STATE OF NEW YORK ) ) ss.. COUNTY OF OtfW ) r On the day of t)lJ6 in the year 2015, before me, the undersigned, personally appeared SHAWN TULLY, personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. � �, • . ,y Notary Public MKINDA CHO � Notary Pubk, State of New York, '` c No. 01 CH50109SS STATE OF NEW YORK ) GuaNtied :n IGnga Cou. ss.: Commission Expires May 12, 20 COUNTY OF SUFFOLK) On the S- �J� day off(& in the year 2015, before me, the undersigned, personally appeared&*a, k6sm , personally known to me, or proved to me on the basis of satisfactory evidence, to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. i gi�_ . to . LAUREN M. STANDMH Notary Public, ShEe of New YOM No. 01 STS164008 Ouslifred In Suffolk County Commission Expires April 9, 2019 SCHEDULE "A" 0 ALL that certain plot, piece or parcel of land, situate, lying and being at East Marion, in the Towyn of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the southeast corner of the premises herein to be described distant the following thirteen courses and distances from a monument set at the extreme northeasterly point of Kayleigh's Court; 1.' North 11 degrees 44 minutes 10 seconds West 213.50 feet; 2. North 11 degrees 40 minutes 00 seconds West 196.87 feet; 3. South 57 degrees 12 minutes 00 seconds West 79.47 feet; 4. North 12 degrees 16 minutes 30 seconds West 21.36 feet; 5. North 57 degrees 12 minutes 00 seconds East 79.80 feet; 6. North 11 degrees 00 minutes 10 seconds West 89.15 feet; 7. North 10 degrees 31 minutes 20 seconds West 225.46 feet; 8. North 11 degrees 50 minutes �0 seconds West 126.14 feet; 9. North 10 degrees 33 minutes 00 seconds West 151.92 feet; 10. North 11 degrees 09 minutes 00 seconds West 99.97 feet; 11. North 13 degrees 21 minutes 30 seconds West 174.98 feet; 12. South 75 degrees 12 minutes 30 seconds West 88.17 feet; 13. South 69 degrees 52 minutes 30 seconds West 90.76 feet; ItUNN1NG THEi NCE frons said point of beginning South 69 degrees 52 minutes 30 seconds West 120.31 feet to a morainient; continued ...., J Schedule "A" RUNNING THENCE South 87 degrees 48 minutes 30 seconds West 210.60 feet to a monument; RUNNING THENCE along the land now or formerly of Shawn P. Tully North 11 degrees 13 minutes 50 seconds West 1584.79 feet to the high water mark of Long Island Sound as located on Feb. 8, 2006; RUNNING THENCE along the following three tie lines: L South 73 degrees 10 minutes 22 seconds East 112.45 feet; 2. South 80 degrees 18 minutes 22 seconds East 150.19 feet; 3. South 88 degrees 44 minutes 31 seconds East 86.81 feet; . RUNNING THENCE along the land now or formerly of Patricia D. Garvey South 11 degrees 19 minutes 50 seconds East 147397 feet to the point or place of BEGINNING. SCHEDULE "B" Shawn Tully at East Marion, Town of Southold Suffolk County, New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 1, Subdivision, "Shawn Tully" ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Open Space Area No. 1Town of Southold Conservation Easement, Subdivision, "Shawn Tully", more particularly bounded and described as follows: BEGINNING at a point on the division between Lot 1 and Lot 2, Subdivision, "Shawn Tully", said point being situate the following four (4) courses and distances as measured from the easterly side of Stars Road: I. North 79 deg. 46 min. 30 see. East 184.04 feet as measured along Lot 21, Map of "Soundcrest Woods, Section 1", Suffolk County pile No. 5315, 2. South 84 deg. 54 min. 00 sec. East 150.06 feet as measured along Lot 10, Subdivision, "Highpoint Woods", Suffolk County File No. 10035, 3. North 11 deg. 13 min. 50 sec. West 25.31 feet as measured along land now or formerly Shawn P. Tully, 4. North 87 deg. 48 min. 30 sec. East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully"; RUNNING thence from said point of beginning North 11 deg. 16 min. 42 sec. West along Lot 2, Subdivision, "Shawn Tully" 977.59 feet to a point; RUNNING thence through Lot 1, Subdivision, "Shawn Tully" the following thirteen (13) courses and distances: 1. North 78 deg. 46 min. 10 sec. East 142.53 feet, 2. South 11 deg. 19 min. 50 sec. East 279.60 feet, 3. South 78 deg. 40 min. l0 sec. West 4.00 feet, 4. South 1 I deg. 19 min. 50 sec. East 50.00 feet, 5. North 78 deg. 40 min. 10 sec. East 4.00 feet, 6. South 11 deg. 19 min. 50 sec. East 411.83 feet, 7. On the arc of a curve to the right having a radius of 500.00 feet for a distance of 50.02 feet. 8. On the arc of a curve to the left having a radius of 500.00 feet for a distance of 50.02 feet, 9. South 11 deg. 19 min. 50 sec. East 99.55 feet, 10. On the arc of a curve to the right having a radius of 34.00 feet for a distance of 48.19 feet, 11. South 69 deg. 52 min. 30 sec. West 65.79 feet, 12. South 87 deg. 48 min. 30 sec. West 45.17 feet to the point or place of Beginning. CONTAINING an area of 3.1820 Acres. -1- Shawn Tully at East Marion, Town of Southold Suffolk County, New York Surveyor's Description - Open Space Area Town of Southold Conservation Easement over Lot 2, Subdivision, "Shawn Tully" ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at East Marion, Town of Southold, County of Suffolk and State of New York, known and designated as Open Space Area No. 2 Town of Southold Conservation Easement, Subdivision, "Shawn Tully" , more particularly bounded and described as follows: BEGINNING at a point at the division line between Lot I and Lot 2, Subdivision, "Shawn Tully", said point being situate the following four (4) courses and distances as measured from the easterly side of Stars Road: I. North 79 deg. 46 min. 30 sec. East 184.04 feet as measured along Lot 21, Map of "Soundcrest Woods, Section P, Suffolk County File No. 5315, 2. South 84 deg. 54 min. 00 sec. East 150.06 feet as measured along Lot 10, Subdivision, "Highpoint Woods", Suffolk County File No. 10035, 3. North I 1 deg. 13 min. 50 sec. West 25.31 feet as measured along land now or formerly Shawn P. Tully, 4. North 87 deg. 48 min. 30 sec. East 145.21 feet as measured along the division line between Lot 1 and Lot 2, Subdivision, "Shawn Tully"; RUNNING thence from said point of beginning South 87 deg. 48 min. 30 sec. West along Lot 2, Subdivision, "Shawn Tully" 124.96 feet to a point; RUNNING thence through Lot 2, Subdivision, "Shawn Tully" the following thirteen (13) courses and distances: 1. North 11 deg. 13 min. 50 sec. West 167.29 feet, 2. North 78 deg. 46 min. 10 sec. East 4.00 feet, 3. North 11 deg. 13 min. 50 sec. West 50.00 feet, 4. South 78 deg. 46 min. 10 sec. West 4.00 feet, 5. North 11 deg. 13 min. 50 sec. West 450.00 feet, 6. North 78 deg. 46 min. 10 sec. East 4.00 feet, 7. North 11 deg. 13 min. 50 sec. West 50.00 feet, 8. South 78 deg. 46 min. 10 sec. West 4.00 feet, 9. North I 1 deg. 13 min. 50 sec. West 232.63 feet, 10. North 78 deg. 46 min. 10 sec. East 142.59 feet to Lot 1, Subdivision, "Shawn Tully" RUNNING thence South 11 deg. 16 min. 42 sec. East along Lot 1, Subdivision, "Shawn Tully 972.74 feet to the point or place of Beginning. CONTAINING an area of 3.1466 Acres. —2—