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Home My WebLink AboutL 12862 P 977 �Il�ilil IIII I IIII Ill�l��lil I�IfI III I I I I I II I III I IIII il�l I�I�I�I I�I�I��I�I�II I II I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 05/03/2016 Number of Pages: 24 At: 01 :45 : 41 PM Receip� Number : 16-0066799 TRANSFER TAX N[I1�+ffiER: 15-27553 LIBER: D00012862 PAGE : 977 District: Section: Black: Lot: 1000 097 .00 01.00 012 . 008 MORTGAGE TAX NUI�ER: DH004937 EXAMINED AND CHARGED AS FOLLOW$ Deed Amount: $1,016,320.00 Received the Following Fees For Above instrument Exempt Exampt Page/Filing $120 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 N4 Affidavit $0. 00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $30 .D0 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 .00 NO Mort.Basic $O.QO NO Mort.Addl $0.00 NO Mor�.SplAdd� $0.00 NO Mart.SplAsst $0.00 NO Fees Paid $395. 00 TRANSFER TAX NiT1�ER: 15-27553 THIS PAGE IS A PART OE THE INSTRUMENT THIS IS NOT A SILL JUDITH A. PASCALE County Clerk, Suffolk County �0 � j � � ry . ; � - Number of pages � � RE�.�IRRE� � 2016 I•iay t13 U1:�#5:41 FI9 � . TfJC'ITH R. P'1=,�:aLE This document will be ublic c�E�� "F p � _u��.� cuur�rY record. Please remove all � `` � ��o��oi��nl - Social Securi Numbers ' � � ��`� tY ; 4' c,��_��._.�� prior to recording. �__�: __ �T�_��-��s , Deed/Mor[gagc Tnstrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 kEES �,� /� � i �. Mortgage Amt. Page/Filing Fee __�_�_�� i 1. Basic Tax Handling �. 00 I , 2. Additiona!Tax � TP-584 _ � Sub Total Notation _ � Spec./Assit. //,/� or EA-52 17(County) _ ' Sub Total �C.�' Spec./Add. � . , EA-5217(State) _____ ' TQT.MTG.TAX Dual Town Dual County _ R.P.T.S.A. ��,_ ��„ Held for Appointm nt Comm.of Ed, 5. 00 � .* � Transfer Tax ��'i� — . � • «' Mansion Talt Affidavit �� The properiy covered by this mortgage is Certified Copy �k� � ! { or wiil be improved by a one or two NYS Surcharge I5. 40 � family dwelling only. — Sub Total � or NO , . Other q _,�/ � Grand Total � !� ' � � �NO,see appropriate tax clause on s� j� page# of this instrument. ,. c t 4 Dist.jd; ,��„�,,, `P U �p�� 5 Communfty.Pxeservation Fund -"+'��•� 1000 09700 0100 OI2008 . Real Property P T S I m n Consideration Amount$ Tax Service R �pq A J��'II��I'I� ' CPF T�Due $ GXP m�"'� Agency 29_ppR_� + uu r u 11 Verification ' , — --- - Improved 6 Satisfactions/Dischazges/Releases List Property Owners MaiEing Address RECORD&RETURN TO: Vacant Land 1�6Z�tnir E 4ok o S,�� i /� TD 0 ry�t10 F S'O�t'�fe�d- ��a'. a� �9•t�a i'�ES�eViqT10n1 �� P�,�x ��9 zv so��s��, n�y i�9�/ � .r� Mail to:Judit�A. Pascale, Suffolk County Clerk 7 'I�tle Com an Information � 310 Center Drive, Riverhead, NY 1190� do.Name g,eT T rc.,� nis. C�e. � www.suffofkcountyny.gov/clerk n�e# sT/�S_ �(v8 , g Suffolk �ount Recordin' & Endorsement Pa e T'his page forms part of the attached ��D D�' �dH/�RVt7-T oAl �SErrl�/Y- made by: (SPECIFY TYPE OF INSTRUMENT) i �, �J� ��+�' �oc7.�nre e��AB,�cs�,,;�nce The premises herein is situated in �N,v ��,�� SUFF�OLK COUNTY,NEW YORK. TO In the�TOWN of .c_D T F SdG�r�.�d In theiV]LLAGE 1 ' or HAMLET of TcsFa�[LE BOXES 6 THRU S MUST BE TYPED OR PRIN1"BD IN BT,ACK INK ONLY PRIOR TO RECORDING OR F1LING. � r 5��-b�`f � ' STEWART TTTLE INSURANCE 711 WESTCHESTER AYENUE SUITE 302 WHITE PL.AiNS�NY 10604 Deed af Conservation Easement THIS CONSERVATION EASEMENT("Easeme t"� ' g�an�e�athis L�day of Apri120i 6,by Joanne Cala�rese and John Calabrese,with an address at^��.�ox�187, Cutchogue,New York 11935(the "Grantor")to_tlie Town of Southold, a New York municipal corporation having its principal office at 53095 Main Road, P.O. Box 1179, Southold,New York 11971 (the"Grantee"). WHEREAS: A. Grantor is the awner of certain real property (t}�e "Property") consisting of 16.577 acres, in one tax map parcel{s) located on 34615 NYS Route 25,Cutchogue, in the Town of Southold, Suffolk County,New York,and designated as part of SCTM#1040-97-1-12.8, and more fully described in the legal survey description of the property (i4E�ibit A"}and as depicted on a reduced copy of the survey of the Property prepared by Peconic Surveyors, P.C. dated November 23,2015 and last revised December 15, 2015 ("Exhibit B"), both attached hereto and made a part hereof,ta be filed with the Suffolk County Clerk simultaneously herewith; B. Crrantee is a municipal corporation and has the authority pursuant to Sectian 247 of the General Municipal Law, §64 of Town Law and Article 49, Title 3 of the En�ironmental Conservation Law("ECL") to acquire conser�ation easements; C. Article 14, Section 4 of the New York State Constitution states: "The policy of this state shall be to conserve and protect its naturaj resaurces and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" , D. Section 49-0301 of the ECL states: "The legislature hereby finds and declares that in order to imp�ement the state�olicy of conserving, preserving and protecting its environmental assets and natural and man-ma�e resources, the preservation of open spaces,the preservation, deve�apment and improvett�ent of agricultural and forest lands, ..., is fundamental to the maintenance,enhancement and impro�ement of...balanced economic growth and the quality of life in al� azeas af the state;" E. Section 300 of Article 25-AA of the New York State Agricultwe and Markets Law{the "AML") states: "It is hereby found and declared that many of the agriculturai lands in New York State are in jeopardy of�eing �ost for any agricultural purposes. When nonagricultural development extends into farm areas, cornpetition for limited resources results. ... It is, therefore,the dec�ared policy of the state to conserve,protect and encaurage the development and improvement of its agricultural land for production of food and other agricultural products. ... It is the purpose of this article to provide a�ocally-initiated tnechanisrn for the protection Page 1 of 21 and enhancement of New York State's agricultural land as a viable segment of the [ocal and state economies and as an economic and environmental resource of major importance;" F. Article 25-AAA, Section 321 of the AML states: "It is hereby found and declared that agricultural lands are irrep�aceable state assets. In an effort to maintain the economic viability, and environmental and �andscape preservation values associated with agriculture,"the Commissioner is authorized to administer programs to assist counties in developing agricu�tural and farm�and protection plans and to assist both county and municipal gavemments in tl�e implementation of such plans. The Commissioner gi�es priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a bt�ffer for a sigiuficant natural public resource containing important ecosystem or habitat characteristics; G. T'�e Praperty is Zocated within Suffolk County, which adopted an Agricultural and Farmland Protection Plan in 1996. The Plan recommends the continued preservation of productive farmland through the purchase of development rights. In addition,the Plan sets forth the following goais:to preserve agricu�ture as an important industry in SufFolk County, preserve farmland as an important natural resource, and preserve the cultural continuity of farms and farm families. The plan seeks to preserve 20,000 acres of productive farmland through the p�rchase of devetopment righ#s and to erisure that public policy Qrotects, promates and sustains agricu�ture; H. The Property is located within the Town of Southold, which adopted the Southold Town Fazm and Farmland Protection Strategy, dated January 2004. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farnung remains an unportant part of the loca! economy. The Pian also recommends that the Town participate in partnership efforts with the Federal, State and County governtnen�s and related grant programs in order to use the Town's�imited f nancial resources most effectf vely; L The Prop�rty consists primarily of productive agricultural land. The Property contains approxirnately lb acres of prime soils, as defined by the U.S. Department of Agricultu.re Natural Resowces Conservation Service; J. Grantor has received independent legal and financial advice regarding this Easement to the extent t�at Grantor has deemed necessary. Grantor freely signs tt�is Easement in order to accomplish its conservation purposes. NOW,THEREFORE,in cansideration of the foregoing,One Million Sixteen Thausand Three Hundred � Twenty &OO/IOQ DoZlars($1,016,320A0)and the rnutual covenants, ternis,conditions and restrictions conta�ned herein,the parties agree as follows: Page 2 of 21 1. Grant of Conservation Easement. Grat�tor hereby grants and conveys to Grantee a conservatian easement(the"Easement"),an immediately vested interest in real property defined by Article 49 of Title 3 of the ECL of the nature and character desc�ibed herein,for the benefit of the general public,which Easement shall run with � and bind the Property in perpetuity. Grantor wi�l neither perform,nor knowingly allow others to perfarm,any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose. The Purpose of this Easement is to conserve Viable Agricultural Land by preventing the conversion of the Property to non-farm uses, except for thase allowed herein. In achieving such prevention the Property shail be forever reserved for continued Agricultural Use. 3. Imp�ementation. This Easement shall be imglemented by limiting and restricting the rion-agricujtural development and non-farm use of the Property in accordance with its pro�isions. The Property remains sublect to all applicable�ocal, state and federal laws and regulations. T`his Easement and the administration of its provisions shall not unreasonably restrict or regulate the Farm Operation on this Property in contravention af the pwposes of Article 25-AA of the AML. 4. Definitians. 4(a}. ��Agricultural Use"shaZl be defined as those activities necessary ta: (i.} produce "Crops, Livestock and Livestock Products"; or (ii.) use t4ie Properiy as a"Farm Operation"to the extent permitted by this Easement; or � (iii.) be actively enrolled in any federa� or state or Iocal program whose intent is to temporarily suspend(for a specified per�od of one or more years or crop seasons}the production of Crops, Livestock and Livestock Products for the stipulated purpose af soil and water conservation,wildlife habitat, or similar conservation purpose; ar {iv.) rnanage the Property or a portion thereof in a fallow or otherwise idled manner provided such management is described in a Conservation Plan. 4(b). "Conservation P�an"shall be defined as an Agricultural Environmental Management (AEM) Conservation Plan(Tier 3 or higher}, or such equivalent dacurrient that has been prepared by the local SoiZ and Water Conservatian District, or other qualified conservation professional,in cooperation with the Grantor. 4(c). +�Crops,Livestock and Livestock Products" shall be defined pursuant ta Article 25- AA of the AML, or such successor law as enacted or amended. in the event that this definition or all of Article 25-AA{and all such successor laws}shall be repealed, then the definition existing at the time of repeal shall serve thereafter. Page 3 of 21 4{d). f°Farm Labor Housing" means dwe�lings or structures, together with accessory improvements used to house seasonal a�d/or full-time empioyees where such residences are provided by the farm owner and/or ogerator,t�e wor�Cer is an essential employee of the farm owner andlor operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as the primary residence of a farm owner andlor operator is not"Fatm Labor Housing". 4{e). "Farm Operation" sha11 be defined pursuant to Article 25-AA of the AML, or such successor law as enacted or amended. In the event that this definition ar all of Article 25-AA(a�d all such successor laws}shall be repealed,then the definition existing at the time of rep�al shall serve t�ereafter. 4{�. "Grantor"includes the ariginal Grantor and his�erlits heirs, successors and assigns. 4(g). ��Grantee"includes the origir�al Grantee{s)and its successors and assigns. 4(h). ��Impe�-vious Surfaces"aze defined as stn�ctures or improvements that pern�anently cover soil resources. Impervious Surfaces do not inc�ude permeable surfaces such as gravel roads and parking areas; struciures whose principa�purpose is to protect soil and water resources, such as manure storage areas;and structures and improvements iacking permanent foundations. As used herein, "perrnanent foundations" are defined to be any continuous hardened surface (e.g., concrete,asphalt, or other similaz stabilizing material)tlzat is attached to, placed on or inserted in the ground and that underiies such building, structure or improvement. 4(i}. "Land Preservation Committee" shall be defined pursuant to Chapter 70 of the Town Coc�e of the Town of So�ttiold, ar such successor law as�nacted or amended. In the event that such definition or all of Chapter 70 (and all such successor laws) shall be repealed,then the applicab�e provisions of the Town Code shall serve thereafter. 4(j). "Lawn" shall be defined as area of land on which grasses or other durahle p�ants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in Agricultural Use,including land in a fallow or otherwise idled manner, is not"Lawn." 4(k). "Owner" is defined as any individual or entity, including any heir, successor or assign, of any legal or equitable interest in all or any portion of the Property, and any party entitled to the�ossession or use of all or any part thereof. 4(1}, "Recreatianal Uses" are defined as lawful personal activities including,but not limited to, hunting, fshing, cross-country skiing,camping,horseback riding and snowmobiling. Page 4 of 21 4(m}. ��Viable Agricultural Land"is defined as land highly suited for agricultural praducdon. 5. Reserved Rights Retained by Grantor. Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use,possessian and enjoyment of the Properiy,the rights to sell, lease,and devise the Property, as well as any otlier rights compatible with the Purpose se#forth in Section 2{"Purpose"}and not specifically prohibited ar limited by�is Easement. No provisions of this Easement should be construed as impairing the ab�lity of Grantor to use this Property,or a portion thereof encompassing entire separate tax map parcels,as collateral for a subseyuent indebtedness,provided that any subsequent liens on the Property must be subordinate to this Easement. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of tt�e Property imposed by law, and nothing in this Easement shall require Grantor to take any action to restore the condidon of the Properry from damage or change that could not be reasonably anticipated by Grantor ar that is beyond Grantor's reasanable control and occurring wtthout Grantor's fault or negligence, including,but not limited to,natural disasters such as earthquakes,hurricanes or floo�s or to political or social upheavals such as wars or r�ots. 5(a). Right to Use Property for Agricaltural Uses. Grantor has the rig4rt to engage in the Agricultural Use of the Property and to use the Property as a Farm Operation provided that any processing, marketing or retailing of any Crops,Livestock and Livestock Products and that any similar activities involving any processed product associated with crops or livestock are not permitted on the Property. Said farming practices shall be carried out cansistent with the Canservation Plan and conducted in accordance with sound agricultural practices, which are practices necessaty for on-farm production of agricultural commodities,�rovided such practices are legal,necessary,do nat cause bodily hartn or property damage off the farm, and achieve the intended results in a reasonable and supportable way. "U-Pick" activities shaiI be deemed a harvesting activity, which is part of a typical agricultura!use of the Prgperty, and,therefore, shall not be deemed a Recreational Use ar as a�etail or marketing activity. 5(b). Right to Use Property for Recreational Uses. Grantor retains the right to use the Property for Recreational Uses, subject ta the limitations set forth in this Easement, including Section S {"Construction of Buildings and Other Improvements"). In ajl cases, Recreational Uses must be compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Property Page 5 of 21 G. Conservation Plan. Grantar and Grantee recognize that changes in economic and environmental conditions, in agricultural technologies, in accepted fann rnanagement practices,and in the Farm Operations of Grantor may resu�t in changes in the Agricultural Uses of the Property. It is the intention of this Easement to maintain Grantor's discretion to employ its choices of farm uses and rnanagement practices so long as those uses and practices are conducted in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with a Conservation Plan prepared by a qualified conservation professional or by the local Soil and Water Conservation District in cooperation with the Grantor. The Conservation Plan shall identify potentia� adverse environmental impacts of agricultural activities, as well as enhance the agricultural productivity and economic viability of the Property. The Conservation Plan shall be updated periodically and whenever the�arm Operation changes substantially. Upor�request, Grantor shall provide a copy of the most current Conservation Plan to Grantee. 7. Access. Nothing contained in this Easement shall give or grant to the public a right to enter upon or ta use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 8. Construction of Bu�ldings and Other Improvemenks. Grantar may undertalce construction, erection, installation, remo�al or placement of buildings, structures, ar other itnprovements to the Properiy only as pravided in this Easement and set forth below and subject to any other approva�s that may be required by federal, state or local laws and regulations. When permission of Grantee is required under this Section,such pernussion shall include any other permission as may be required by the Town Code of the Town of Southold and also as required elsewhere in this Easement. $(a}. Impervious Surfaces. It is the intention of this Easernent to limit the extent of construction or placement of Imperviaus Surfaces on the Property. Grantar shall ha�e the right to cover up to two percent(2%)of the Property with Impervious Surfaces without permission of the Grantee. Grantof may,but only with permission of Grar�tee,cover up to a maximum of ten percent (10%)of the Properiy with Impervious Surfaces 8(b). Fences. Existing fences may be repaired, remaved and replaced,and new fences may be built anywhere on t�e Properiy for putposes of reasanable and customary management of livestock anc�wildlife,safety and general management and to pr�vent trespassing on the Property. $(c}.Agri�culturai Structures and Improvements. Agricultura�structures and improvements may be placed or constructed on the Property in accordance with the provisions of this Section 8(c). Upon acceptable estabiishment of any Page6of21 such agricultural structure or improvement,each agricultural structure and improvement may be repaired,removed,e�arged and replaced at its respective location, sub}ect to the Impervious Surface caverage limitatioas set forth in Section 8(a) ("Impervious Surfaces"). Subject to the Impervious Stuface coverage limitations set forth in Section 8(a) ("Impervious Surfaces"),Grantor may construct bu.ildings,structures and impro�ements for such purposes re�ated to the Fann 0}�eration on up to two percent(2%)of the Property without pernussion of Grantee. However, no building, structure or improvement shall be used in any manner that is � associated with the processing, marketing or retailing of any Crops, Lives#ock and Livestock Products and no similaz activities involving any pracessed praduct associated with craps or livestock sha11 be permitted on the Property With permission of Grantee,Grantor may construct b�ildings, struct�res and improvements related to the Farm Operation as aescribed above,tha#wauld cover up to an additional eight perc�nt($%)of the Property. In the construction or placement of any Impervious Surfaces within the Property,the Grantor shall use al!practical means to minimize the extent of coverage over or associated impacts to prime soils and soils of statewide importance. 8(d}.Farm Labor Housing. Farm Labor Housing may be placed or constructed on the Property in accordance with the provisions of this Section 8(d}. Upon acceptable estab�ishment of any Farm Labor Housing, such Farm Labor Housing may be repaired,removed,enlarged and replaced at its respective location. Subject to the Impervious Surface coverage limitatioris set forth in Section 8(a) ("Impervious Surfaces"},Grantor may constnict ar place dwellings or structures and improvements excjusively for Farm Labor Housing on up to one percent(1%}af the Property without permission of the Grantee. With permission, Grantor may construct or place additional Fazm Labor Housing on the Property as proven necessary to conduct current Farm Operations. The land on which these dwellings, structures and improvements stand shal� not be subdivided,except as permitted in Section 11 ("Subdivision"}. 8(e). Recreationai Structures,Improvements and Activities. Structures and improvements associated with Recreational Uses are pernutted or�the Property as set forth below sa long as such improvements, structures and activities are compatible with the Purpose of this Easement and subordinate to the Agricultural Use of the Properly. NO StrUCfi.l�CS, improvements or activities associated with Recreational Uses shall impair in any way tk�e Agricultural Use of t�e Property. Recreational Uses shall not include golf caurses and rariges. Subject to the Impervious Surface coverage limitations s�t forth in Section 8{a){"[mpe�vious Surfaces"),Grantor may only conduct Recreational Uses and may only construct or place structures or improvements associated with such activities during any portion of a growing season, provided that each such structure, improvement or activity is (i) compatible with the Purpose of this Easement, (ii) subordinate ta the Agricultural Use of the Property, and{iii} Page 7 of 21 constr�cte�, placed or conducted to avoid impairing tapsoil or, if topsoil is im�aired, with remediation of any resuiting topsoii impairment. A�1 such structures,improvements and activities shall be located in a manner that minunizes the impact to prime soils or soils of statewide impartance. Grantor may enlarge, construct or place new permanent, recreational structures or improvements on the Property up to an aggregate of four hundred (400) square feet in size without permission of Grantee. Permission of Grantee is required for permanent recreational structures or improvements that exceed an aggregate footprint of four hundred {400}square feet. During only the dormant(i.e., off-season}period between the harvest of one crop and planting of another in an annual crop cycle,or during the fallow period (up to three years) in any crop field, recreational activities(e.g., cross-country skiing) may be conducted on the Property without limitation. $(fj. Utility Services and Septic Systems. Wires,lines,pipes,cables,tanks, or ather facilities providing electrical,gas, water, sewer, sanitaty sewer, septic, communications, or other fike services to or from the improvements permitted in this Easement may be instaZled,maintained, repaired,removed, re�oca�ed and replaced for such purposes. A11 such services and systems shall be compatible with the Purpose of this Easement, subordinate to the Agricultural Use of the Property and located in a manner that m�n�m�zes the impact to prime soils or soils of statewide importance. 8{g). Aiternative Energy Structures aQd Improvements. Structures and improvements necessary to undertake alternative energy activities (such as wind, solar,and other similar energy generation)are permitted as fizrther described below, provided they are compatible with the Purpose of this Easerr�ent, subordinate to the Agricultural Use of the Property,and located in a manner that minimizes the impact to prime soils or soils of statewide importance. Subject to the Impervious Surface caverage limitatians set forth in Section$(a)("Impervious Surfaces"), such structures and improvements, including roads and drainage ditches, may be built on the Property only witt�the pernussion of Grantee,which may be conditioned upon the posting of a bond. These structures and improvements are permitted only if the activity is limited and localized in impact affecting no more than two percent(2%) of tne Property at one time. Prior ta determining the location of a site for these structures and improvements on the Property,the Grantor shall notify the Grantee,the New York State Department of Agriculture and Markets,and the 1oca1 Sail and Water Conservation District to give them an opportunity to participate in an onsite meeting to review proposed locations. Grantor shall comply with the New York State Depa�iment of Agricutture and Markets guidelines regarding agricultural impact avoidance,mitigation and remediation for construction of such structures. Page S of 2l 9. Maintenance and Improvement of Water Sources. Grantor may use,maintain, establish,construct,and improve water sources,water courses and water bodies within the Properly for the uses permitted by this Easement. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils,reduce soil erosion and/ar flooding,provide irrigation for the Property or improve the agricultural ar forest management potential of th�Property,provided such alteration is consistent with the Conservation Plan is in accordance with sound agricultural practices (as described in Section 5(a}}, is compatible with the Pt�rpase of this Easement, and is carried out in accardance with app�icable local, state and federal laws and regulations. 10,Water Rights. Grantor may use any appurtenant water rights sufficient to maintain the agriculturai productivity of the Property in accordance with applicable local, state and federal laws and regulations. Grantor shall not transfer,enc�rnber,lease, sell or otherwise sever such water rights from title to the Property itself. 11. Subdivision. The Property is currer�tly comprised of one taac map parcel owned by Grantor, designated as p/o SCTM#1000-97-1-12.8. 'Tl�e Property is not to be further subdivided pursuant to Town Law Sections 265,276 or 277 or Section 335 of the Real Property Law,as they may be a�nended, or any other applicable State or local law,except as Qrovided herein. As required by applicable law and subject to approval by the Planning Board of the Town of Southold, Grantor may only subdivide the Property provided that (1) each resulting parcel contains at �east 10 acres of Via�le Agricultura� Land and{2)each such parcel is permanently protected with a perpetual conservation easement{whose purpose is equivalent to that stated in Section 2 of this Easement). Notwithstanding t�e above, Grantor is subject to a further Declaration of Covenants and Restrictians recorded as of the date hereof prohibiting subdivision of the Property from "Excluded Asea# 1" shown on the survey attached hereto and rr�ade a part hereo£ Subdivision of"Excluded Area#2" shown on the survey attached hereto and made a part hereof from the Property shalj not be prohibited. In the event that any Su�division of the Property is approved by the Grantee,any portion of the Property so Subdivided shall remain subject to tt�is Easement and approval by the Grantee must allocate to the Subdivided portion af the Property any portion of the follawing rignts then remaining which are to be applied to the Subdivided portion: (a) Construction of�mpervious Surfaces as set forth in Section 8(a}{"Impervious Surfaces"}; (b) Construction or placement of agricultural structures and improvements under Section 8(c), ("Agricultural Structures and Improvements"); Page 9 of 21 (c} Construction or placement of Farm Labor Housing under Section 8(d), ("Farm Labor Housing"); {d} Construction or placement of recreationa� structures and improvements unc�er Section 8(e), ("Recreational Structures, Improvernents and Activities"); and (e) Construction of altemative energy structures and improvements under Section$(g), {"Alternative Energy Structures and Improvements"). Suc�ajlocation of the rigi�ts in the noted sections shall not result in allowances greater than those a�lowea ur�der each such section. At the discretion of Grantee, a functionally and materially equivalent Easement covering the Subdivided portion of the Property may be required and, if so, it shall be recorded immediately following its conveyance. Mortgages or other nan-possessory interests in land do not constitute Subdi�ision for the purpose herein, provided such interests encompass the whole Property or such portion of the Progeriy for which the Grantee has approved a Subdivision as noted above. 12.Forest Mansgement. Without permission of Grantee,Grantor may clear forested areas for conversion to farmland, harvest wood for use on the Property including heating or construction of buildings and improvements,manage forested areas for wildlife habitat and recreatian, and remove trees that are fallen,dead,diseased or invasive, so long as such activities are consistent with ge�erally accepted forest best management practices. Without permission from Grantee, Grantor may commercially harvest timber and other wood products,conduct tirnber stand improvements and construct, maintain, remove,and repair unpaved access roads and "staging areas",those areas where logs are temporarily stored far transport necessary far such activities. A�1 such activities shall be in accardance with generally-accepted forestry best management practices. Such commercial timber harvests and tirnber stand improvements shail be carried out in accordance with a forest management p�an and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created,a Cooperating Consulting Forester with the New York State Departrnent of Environmental Conservation or a qualified forester approved by Grantee. Grantor shall give Grantee, its successars or assigns,written notice not less than forty-fve (45} days prior to the an�icipated commencement of any cammercial timber harvest or timber stand improvement. Such written notice shall include submission of the current forest management plan and harvest plan. 13.Mining and On-Site Extractive Activity. 13(a). Sand and Gravel Extractive Activities. The removal of topsoil, sand and gravel, or other material for exportation and/or sale shall be prai�ibited. Mineral exploitation and extraction by any method is prohibited. Soil may only be moved and/or removed in accordance with a Conservatian Plan{Section fi),to promote required drainage Page 10 of 21 activities,to construct and maintain permitted structures and irnprovements on the Property, and for agricultural uses. 14. Road Coastruction. Subject to the Impervious Surface coverage limitatians set forth in Section 8(a)("Impervious Surfaces"), Grantor may construct roads �o provide access to, and parking for, permitted buildings or improvements,or to conduct other activities�ermitted by this Easement and maintain existing roac�s or construct new roads to provide access to"Excludeci Area#1"shown on the survey attached hereto and made a part herea£ Roads constructed on the Property shall be iocateci in a manner that minimizes impacts to prime soils and soils of statewide importance. 15.Dum}�ing and Trash. The dumping, land filling,burial, application, injection, or accumu�ation af any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable�naterial in accordance with sound agricultural practices (as described in Section 5(a)) and in a manner consistent with the Conservation Plan and a!1 applicable State or federal laws ar regulations. However, this shall not prevent the storage af agricultura] products and byproducts, the storage of old farm eguipment used for parts,and the composting or re-use of biodegradable materials as permitted in Section 5(a) ("Right to Use Property for Agricultural Uses"), generated af�'the Progerty for non-commercial use on the Property, so long as they are used and stored in accordance with sound agricultural practices (as described in Section 5(a)).No biodegradable material used for composting, whether generated on the Property or imparted to the Property, may be used for resafe.Notwithstanding the foregoing,the storage and treatment of sewage assaciated with buildings permitted on the Property is permitted by this Easement. lb. Permission of Grantee. When Grantor is required to obtain permission for a proposed action pursuant to the Easement, such permission shall be requested in writing of the Grantee, which shall be preceded by a review by its Land Preservation Committee. Grantee shaIl grant permission only after its Land Preservation Committee has determined that such action is 1) compatible with the Purpose of thds Easement and 2) subordinate to the Agricultural Use of the Property. Such permission shall not be unreasana.bly withheld. Grantee shall respond with a decision in writing within forty-five{45) days of . receipt of the Grantor's written request which sha11 include all relevant building plans identifying the use, footprint and total square footage of any proposed structures,and related survey informa�ion, if avai�able. If mutually agreed upon by Grantee and Grantar,this timeline�nay be reasonably extended. Grantee shall not be liable for any damages for any failure to grant permission to Grantor. The permission contempiated in this Section is in addition to any other approva�s that may be required by federal,state or local laws and regulations. 17.Ongaing Responsibilities of Grantor and Grantee. OEher than as specified herein,this Easement is not intended to impose any lega!or other responsibility on Grantee,or in any way to affect any obligations of Grantor as owner of the Property, inc�uding,but not limited to,the following: Page 11 af 21 17{a},Taxes. Grantor shall be solely responsible for payment of all ta�ces and assessments levied against the Properiy. 17(b). Upkee�and Maintenance. Crrantor shall be solety responsib�e for the upkeep and maintenance of the Property,to the extent reyuired by Iaw and this Easement.Howe�er, under no circumstances shall the Grantor establish or maintain a Lawn on the Property. Grantee shall have na obligation for the upkeep or maintenance of the Properiy. 17(c). Liability and Indemnific�tion. Grantor agrees to indemnify and nold Grantee and the State of New York, Department of Agriculture and Mazkets harmless from any and all costs, claims or liability, including but nat limited to reasonab�e attorneys fees arising from any personal in�ury, accidents, negligence or da�nage relating to the Property,or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. �$. State as Intervenor and Mediator Regarding Interpretation of Se�ected Definiteons and Terms and Selected�mplementation of Provisions. Consistent with the policy of this state,as contained in Section 4 of Article 14 of the New York State Constitution and as (i) articulated in Section 300 of Article 25-AA of the AML, an� (ii) demonstrated �y the New York State share of the consideration paid for this Easement as authorized by Section 325 of Article 25-AA.A of the AML,the New York State Department of Agriculture and Markets shall perpetually retain the right ta iritervene on any of the matters listed below provided any such intervention or mediation sha11 also be specifically limited as set forth below: (i.) advise the Grantor and Grantee of the State's interpretation of the following specific ter�ns and def nitions contained in and as used throughout this Easement— a. Agricultural Use, b. Conservation Plan, c. Crops,Livestock and Livestock Products, d. Farm Labor Housing, e. Farm Operation, f. sound agricultural practices{as described in Section 5(a)), and g. Viable Agricultural Land; (ii.) advise the Grantor and Grantee of the State's interpretation of the Purpose of this Easement; and (iii.) advise the Grantor and Grantee of the State's interpretation of the Grantee's proposed or demonstrated admi.�istration of the pro�isions of this Easement that the Department would deem as unreasonably restrictive on the Farm Operation on this Property so as to be in contravention of the purposes of Article 25-AA of the AML. Any such intervention by the Department shall he affered and intended to serve as non-binding advice to the Grantor and Grantee in an effort to avoid potential violations of this Easement that Page �2 of 2l would have arisen from either party's misi�terpretation of any specific item noted above. Furthermore, if a dispute arises between the Grantor and the Grantee concerning t�e consistency of any proposed use or activity with the Purpose(s) of this Easement or any of the specific provisions contained herein, and Grantor agrees not to praceed with the use or activity pending resolution of the dispute,either party may request a meeting between the parties and the New York State Department of Agriculture and Markets for mediation. Witl�in ten(10}days of such request, Grantor and Grantee sha�� schedule a meeting with the New York State Department of Agriculture and Markets, which will recommend potential resolutions of the dispute. Notwithstanding anything in Section 3 ("Implementation"), nothing in this clause shall otherwise ttiminish Grantee's rights �ender Sectian 22{"Enforcement"}. 19.Extinguishment of Development Rights. Except as otherwise reserved to the Grantor in this Easement,a11 non-agricultural development r�ghts appurtenant to the Praperty are hereby released,terminated and extinguished, and may not be used on or transferred to any portion of the Properiy as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise,or used for the purpose of calculating pernussible lot yield of the Property or any other property. 20. Baseline Documentation. By its exec�tion of this Easement, Grantee acknowledges that the �resent uses of, and related stn�ctures and improvements on the Froperty are permitted by this Easement. In order to evidence the present condition of the Praperty so as to faci�itate futu.re monitoring and enforcement of this Easement,a Baseline Documentation Report (the "Report"), including relevant maps and photographs,describing sucn condition at the date hereof,has been prepared and subscribed by both parties, and a copy thereof has been deli�ered to Grantor and a copy will be kept on file with Grantee. The Report may be �sed by Grantee to establish that a change in the use or character of the Property has occurred,but its existence shall not preclude the use by Crrantee of other�vidence to establisn the condition of the Property as of the ciate of this Easement. 21.Right of Inspection. Grantee shall have the right to enter upon the Property with forty-eight(48)�tours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiciay recognized by the State of New York or at a date and time that is mutually agreeable to the Grantee and Grantor. In the instance of a violatian or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the sam� right of inspection. � Page 13 of 21 22.Enforcement. If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantar, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing,where Grantee in Grantee's sole discretion detemunes that an ongoing or threatened violatian cauid irreversibly diminish or unpair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary,through temporary or permanent injunction. In addition to injunctive relief,Grantee shall also be entitled to seek the foilowing remedies in the event of a violation: 1}money damages,including damages for the loss of the resources protected under the Ptupose of this Easeinent;and 2)restoration of the Properiy to its condition existing prior to such violation. Said rernedies shall be cumulative and shall be in addition to all remedies now or hereafter e�sting at law or in eguity. In any case where a court fi�ds that a violation has occurred, Grantor shaiI reimburse Grantee for all its expenses incurreci in stopping and correcting the violation, including, but not iimited to, reasonable attorneys' fees. The failure of Grantee to discover a vio�ation or to ta�ce immediate legal action shal�not bar Grantee from doing so at a later time. In any case where a court finds no viojation has occurred, each party shall bear its own costs. 23. Transfer of Easement. Crrantee shall have the right to transfer this Easement to any private non-governmental organization or public agency that, at the time of transfer is a"public body"ar a"not-for-profit canservation organization"as defined by Article 49 of the ECL or a "qualified organization"under Section �70{h) of the Code or a soil and water conservation district board pursuant to Section 9{4-a)of the Soil and Water Conservation Districts Law,provided the transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. If Grantee ceases to exist or qualify under Artic�e 49 of the ECL and Section 170(i�) of the Code, a court of competent jurisdiction shall transfer this Easement to another qualified organization ha�ing similar pwposes that agrees to assume t�e responsibilities imposed by this Easement. Grantor and the New York State Department of Agricuiture and Markets must be notified in writing in advance of any such transfer. The Department of Agriculture and Markets must approve the choice af any new non-governrnental arganization or public agency designated as"Grantee." 24.Transfer of Property. Any subsec}uent conveyance, including,without limitation,transfer, lease or martgage of the Property, shall be subject to this Easement,and any deed or other ins�ent evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, martgage,easernent, etc.} i bject to a Conservation Ease nt which runs with the land and which was granted �o. �y instrwnent dated `� �ti/l, �d recorded in tl�e office of the Clerk of Suffolk County at Libet'�``1 ,Page'x� ." or shall notify Grantee anii the New York State Department of Agriculture and Markets in writing at least thirty(30)days before conveying the Property,or any part thereof or interest therein,to any tlurd party. The failure to notify Grantee or New York State Department of Agriculture and Markets or to include said language in Page 14 of 21 �f- �c.�+eY�� l�,�tiC�.,....t� any deed or instrument shall not,hawever, affect the validiry or applicabi�ity of this Easement to the Property or lirnit its enforceabiiity in any way. 25.Alienation No property rights acquired by Grantee hereunder shall be a�ienated except upon notice to the N�w York State Department of Agriculture and Markets and pursuant to the pravisions of Chapter 70 of the Town Code,ar any successor chapter,following a pub�ic hearing and,tl�ereafter,ratified by a mandatory referenc�um by the electors of the Town of Southold.No subseyuent amendment of the prov�sions of t�e Town Code shall alter the limitations placed upon the aiienation of these praperty rights or interests which were acquired by the Town prior to any such amendment. In the e�ent of any such alienat�on as provided in this Section 25, Section 28("Proceeds")of this � Easement sha11 apply to such aiienation. 26.Amendment of Eesement. This Easement may be amended only with the written cansent of Grantee and the then current Owner of the Property and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be compatible with the Purpose of this Easement and shall comply with the ECL or any regulations promulgated thereunder,and sha�l not unreasonably restrict or regulate Fatm Operations in contravention of the purposes of Article 25-AA of the AML or such successor law as enacted or amended. Any such amendment to this Easement shall be du�y recorded. 27.Extinguishment of Easement. At the mutual request of Grantor, Grantee,and the New York State Department of Agriculture and Marlcets,a court with jurisdiction may,if it deternunes that conditians surrounding the Property have changed so m�ch that it becomes impossible to fulfill the Purpose of this Easement described in Section 2("Piupose"),extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing,if condemnatian by exercise of the power of eminent domain makes it impossible to continue tzse of al� or such portion of the Property for t�e Purpose of this Easement as described in Section 2{"Purpose")herein, the restrictions may be extinguished as to any such portion so condemned by judicial proceeding. Upon any st�bsequent sale, exchange or involuntary conversion(pursuant to this Section}by the Grantor,Grantee shall be entitled to a portion of�he proceeds from any subsequent sale or other disposition of the Property,or title insurance proceeds, in accordance with Sectian 28 ("Proceeds") herein. In the event that Grantor retains the Property subsequent to any such extinguishment or partial extinguishment,Grantee shall be entitled to receive from Grantor an amount equal to the fair market value of the Property or a portion of the Property as to which the extinguishment applies times the percentage determine� under Section 28. Page 15 of 2l 28.Proceeds. The grant of this Easement gives rise to a property right, immediately vested in Grantee,which property right has a�onetary value in the event of an e�etinguishment or partial e�ttinguishment or proceeds from a sale or o#her disposition of the Property as contempla#ed in Section 27 {"Extinguishment of Easement"). That monetary value is determined as fallows: rnultiply (a) times (b),where— (a) =the Grantee's Froportianate Share,and (b) =the value of that portion of the Property no longer encumbered by this Easernent as the result of the extinguishment. Crrantee's Proportionate Share shall be determined by dividing the val�e of this Easement, calculated as of the date hereof,by the�nencumbered value of the Property, also calculated as af the date hereof. For this Easement,the Grantee's Prapartionate Shaze is sixty-eight and eight tenths percent(68.8%), and shall iremain constant,subject only to reasonable ad�ustment to the e��nt gemussible un�er Section 174(h)of the Code for any improvements which may hereafter be made an the Property. With regard to the portion of such Proportionate Share equal to that paid using 5tate grant funds, Grantee agrees to use such portion in a manner compatible with the Purpose of this Easement. Priar to such re-Use,Grantee must provide written notification to the New Yark State Department of Agriculture and Markets and to the Suffolk County AgricuZtural and Farmland Pro#ection Board. 29.Interpretation. 'This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. This Easement shall be liberal�y cor�strued to affect the Purpase of this Easernent. If any provision in this Easement is found to be ambiguous,an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored o�er any interpretation that would rencter it invalid. If a dispute arises between the Grantor and the Grantee concerning the interpretation of any clause of this Easement such that there is a conflict between the claus�s required by the New York State Department of Agriculture and Markets("Department"), listed in tt�e attached Appendix �letler or #to be Ynserted}, and the rernaining clat�ses of the Easement,an inter�retation consistent with the Deparlrnent clauses that would render the Departr�ent clauses valid shall be favored over any interpretation that wouid render such clauses invalid. 30.Recita�s and Exhibits Incorporated Herein. Any and a�l recitals in this Easement are agreed by the parties to be accurate,are incorporated into this Easement by this reference,and shall constitute integral terms and conditions of this Easement. Any and ail exhibits and addenda attached to and referred to i�this Easement are hereby incorporated into this Easement as if fully set out in ttzeir entirety herein. 31. Successors. Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective Page 16 of 21 agents,heirs, executors,administrators,assigns,and other successors in interest,and shail continue as a servitucle running in perpetuity with the Property. 32.Severabiiity. Invalidity of any of the covenants,terms or conditions af this Easement, or any part thereof,by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in fiill force and effect. 33.Notices. Any notice required ar desired to be given under this Easement shall be in writing and shall be sent (i) by personal delivery, (ii)via registered or certified mail, return receipt requested, ar{iii}via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case o�'personal de[ivery,and upon delivery by the U.S. Postal Service or private courier. A�I notices shail be properly addressed as foljows: 1) if to Grantee, at the address set forth above and to Town Attorney,Town of Sauthold, at the same address; 2}if to Grantor, at the address set forth abave; 3}if to any subsequent owner, at the address of the Property; or 4) if to New York State Department of Agr�culture and Markets, l OB Airline Drive,Albany,New York �2235. Any party can change the address to which notices are to be sent to him,her or it by duly giving notice pwsuant to this Section 33. 34. Title. The Grantor covenants and represents that the Gran#or is the sole owner and is seized of the Property in fee simple and�as good right to grant and convey the aforesaid Easement; t�at the Property is free and clear of any and ail mortgages not subordinated#o this Easement,a�nd that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easernent. 35. Subsequent Liens an Property. No pravisions of this Easement should be construed as impairing the ability of Grantor to use this Property,or a portion thereof encompassing entire separately deeded parcels,as collatera�for a subseyuent borrowing.Any subsequent liens on the Property must be subordinate to this Easement. 36.Subsec�uent Encumbrances. 'Ihe grant of any easements or use restrictions is prohibited, except with the permission of Grantee. Any future encum�rances shall be consistent with the primary Purpase of this Easement and shall not unreasonably restrict or regulate farm a�erations in cantravention of the purposes of Article 25-AA of the Agrzculture and Mazkets Law. 37. Grantor's Environ�ental Warranty. Grantor warrants that it nas no actual knowledge of a release or threatened release of harardous substatices or wastes on the Property,as such substances and wastes are defined by applicable law, and hereby promises to holc�ham�ess, defend,and indemnify Grantee and New York State Department of Agriculture and Markets against and from,any and all loss,cost,claim(without regazd Page 17 of 21 to its merit), liability or expense(including reasonable attarneys'fees)arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on,or about the property af any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous,toxic,polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required;inder federal, state, or local law necessary to assure its containment and remediation, including any cleanup. Nothing in this Easement shaZZ be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or mar�agement controZ over the day-to-day operations of t�e Property, or any of Grantor's activities on the Property, or otherwise to become an operator or arranger with respect to the Property within the meaning of The Corr�prehensive Environmental Response, Compensation,and Liabiiity Act of 1980,as amen�ed("CERCLA")ar any corresponding state and local statute or ordinance. 38.Duratian of Easement. Except as expressly otherwise provided herein,this Easement shall be of perpetual duration,and no merger of title,estate or interest shall be deemed effected by any previous,contemporaneous, or subsequent deed,grant, or assignment of an interest or estate in the Property,or any portion thereof,to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 39.Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement,ail of which are merged herein. No alteration or variation of this instrument shall be valid ar binding unless containec� in an amendment that complies with Section 26{"Amendment of Easement"}. 40.Waiver. No waiver�y Grantee of any defau�t, or breach hereunder,whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any priar ar subsequent such occurrence. No waiver s�all be binding unless executed in writing by Gra.ntee. 41. Binding Effect. The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enfarceable against the Grantor and aij future ovmers and any party entitled ta possess or use the Property or any portion thereof while such party is the owner ar entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Praperly transferred,cease being a Crrantor or Owner with respect to such Property for purposes of this Page 18 of 21 Easement and shall have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on ar with respect to such Property,but the transferor shall rerr�ain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conciuct. 42.Lien Law. This conveyance is rnade subject to the trust fund provisions of Section Tlurteen of the New York Lien Law. 43.Captions. The captions in tlus instrument hav� been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation, � � �,t �. /�` � % ' � / ,r / tr / ' Y , � t� /, t � � i � .� .1 ,/ �; � ,,�: ��,, ,.,�. , � � �./� � ° ' � �r' ; f �� f � .,�� .�� r i' (� � �l ' +1 ,I �� '� i � . F � �� ! � f: , � � .� 'F' f ,� � r : � � � � l. � /�! � f !, I � 1� 1'. �� i ,l Page 19 of 2� IN WITNESS WHEREOF,Grantor and Grantee,intending to be legally bound hereby,ha�e hereunto set their hands on the date f�rst above written. Grantor: Q.n.n.e. Joanne Calabrese Grantor: John Cal rese Grantee: Town Southold By: c�. Sco A. Russell, Supervisor {IF a Third Party Right of Enforcement is inserted into thrs Easement, a signature block{and notary block) acknowledging acceptance of that role must 6e inserted here} State of New York ) County of Suffolk ) ss.: On the�day af Aprii in the year 201 b before me,tl�e undersigned,personally appeared Joanne Calabrese, persanally known to me or proved to me on the basis of satisfactory evidence to be the in�ividual whose name is subscribed#o the within instrument and acknowledged to me that she executed t�e same in her capacity, and that by her signature on the instrument,the individual,or the person upon behalf af which the individual acted,executed the instrument. ��__�� Signature/affice af individual taking acknowledgement PA�iIC�A R. FAI.LOM Strlte af New York } t�otary Public,State Of IVew Yark �o. 01�A4950148 QuaE9#ied In Suffolk Cour�ty Counry of Suffolk )ss.: Commission Exp�res Apri!24, �f9 On the /� day of April in the year 2016 before me,the undersigned,personally appeared John Calabrese, personally known to me or proved to me on the basis of satisfactory e�idence to be tl;e individual wnose name is subscr�bed to the within instrument and acicnowledged to me that he executed the same ir�his capacity,and that by his s�gnature on the instrument, the individual, or the persan upon behalf of w�ich the inc�ivic�ual acted,executed the instrument. �� Signature/office of individual taicing acknowledgement Page 20 of 21 � PATRlC1A L. FALi.Ot� Notary�ublic, State Of NewYork I�o. 03�A4950146 Qualified in Su�follc Caurrty 9 Commission F�cpires April 24, �1 State of New York ) County of Sujfolk )ss.: On the�day of April in the year 2016 before me,the undersigned,personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactary evidence to t�e#he individual whose name is subscribed to the within instrutz�ent and acknowledged ta me that he executed the same in his capacity,and that by his signature on the instrument,the individual,or the person upan behalf of which the individual acted,executed the instrument. t'�,t.1�u. �C � �i�, Signatureloffice of individual taking acktaowledgement PAFRICIA L. FAl.LOIV Notary Public, State Of New York Na. piFA495fl1a6 Qualified !n Suffvlk Courrty Commission Expires Apri! 24, o2G 19 �' �� I , S - Page 21 af 21 Development Rights Easement Area AL�that certain plat, piece or parcel af land, situate, lying and being at Cutchague, in the Town af SouthoEd, County of Suff�Ek and State of New York, being District 10�Sec�ion 097.00 Block Q1.0�Pa�t of�ot Ot2A08, bounded and described as follows: STARTING at a manumer�t on the northerty side af Main Road (S.R. 25}, said point being 853.34 feet westerly from the comer formed by the ir�tersecction of the westerly side of Bridge Lane and the no�therly side of Main Road (S.R.25); RUNNlNG THENCE North 20 degrees 03 minutes 40 secands West 3(]0.00 feet ta a manument at the pcint ar pface cf BEGlNNING; RUNNiNG THENCE South 69 degrees 5S minufes 20 seconds West 5�.00 feet to a point, where the same is intersected by the di�ision line between premises herein and lands novsr or formeriy of County of Suffo[k Palmer Vines L�C; RUNNING THENCE along said division line th�foliawing course.g and distar�ces: North 2Q degrees 03 minutes 4�seconds West 194.32 feet; So�th 69 degrees 56 minutes 20 seconds West 167.31 feet; South 50 degrees 17 minutes 50�econds West 183.�U feet; and North 44 degrees 51 minu#es 40 seconds West 709.40 feet to a pairrt; . THENC� northeasterly North 45 degrees fl8 minutes 20 seconds East 330.00 feet; THENCE northwesterly Narth 44 degrees 51 m�nutes 40 secands West 276.07 feet to a poir�t, where tt�e same is i�tersected f�y the d'nrisian line belween prerr�ises described herein and lands now or�Crmerly of Qugliese Vineyards l.I.0 Tawn af Southold; . THENCE along said di�ision line North 45 degrees 08 minutes 20 seconds East 352.32 feet ta a point; THENCE southeasterly the follawing courses and distances: � South 44 degrees�8 minutes 30 secor�ds East 45A7 feet; South 43 degrees 49 rninutes 3�seconds East 655.10 feet; South 43 dsgrees 58 minutes 20 seconds East 668.83 feet; and South 43 degrees�1 minutes 40 seconds East 74.10 feet to a rr�onument; THENCE souti��+esteriy South 69 degrees 56 minutes 20 sec:onds West 401 A2 feet ta a monument at the point or place of BEGINNING. Said premises being Distri�t 1fl00 Sedian 097.00 Block 01_00 Part of 042.008 and known as the°Developmer�t Righ�Easement Area'as shown on Survey made by Pecanic Surveyors, P.C.dated 11123/2015, last revised 12115/2015. i �� ry i ��" �•�� , � :— '�� 3�� 3 �� j��i ! �� I IS �«{� { ! 1 � y�t�� - � \ }R�1� , �f� // � " �ry � � ,� �� v� E� �� Y�R �'�/:�$� � � � g�� ,�� '�� ii�# �r � ,` � � r � .. `\ "��o �� g2 6� �'�� - �+,.�� f .,�'" 0 Y� 4 ,' ��i B r� \� �O /'�� a � � v � �� rvf �� J'`-�� \ E � ♦ g �p�a f �" ��:� 4 � 99 g£3 � t '�� i� �� i f�"•�` �� 1 >�'' v a a a�E �\ � � n�A'`� / � � � p� � ',� / \ �� \, r" r�r•, ^ f��....1�� \\�` , � � ._ , J'•�J �j \ v a� �J i� 4y�� / �� 1 I . 1 t�1 ' ' .P'`. �._._-�� 1 r . � \��\ � �/' � �ti � s t1�1� � /'�� ,ti� i � � E�;l�� '�� A� / tI ►� L,-�° ,�� ; t' �,*-v �' � � �+ ~ y 6�, � /'Lr 'Y ��-, c�� \\ �, � e. � C �,'`�.' o `�� '� /�\� �',� � �� `� / � �� : ��`"✓ �� 1 �� . � r � y �� . by K. � . 9 3'�� c �� - ��` �� y� f�,';~��; �y^��°'� ��O�o �`�oa�,:`�j�� `-lNti�..�� ;�tiJ :i " �r�C��b _�� . ��$' ��o �� = � �'�a�b ' _� �` � � ~ � �� ; .