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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 10/25/2016
Number of Pages : 20 At: 02 :51 :01 PM
Receipt Number : 16-0169312
TRANSFER TAX NUMBER: 16-09164 LIBER: D00012885
PAGE : 157
District: Section: Block: Lot:
1000 122 . 00 03 . 00 001 . 004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $100 . 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 $25.00 NO RPT $200 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $370 .00
TRANSFER TAX NUMBER: 16-09164
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
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Number of pages -- -1- j-�_!'� {a_�� ?43t1 RECORDED
2016 Oct 25 02:51:01 PM
JUDITH R. PASCALE
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6 Satisfactions/Discharges/Releases List Property Owners Mailing Address /
RECORD&RETURN TO: r/1 Vacant Land V
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P.O.Box 2021 `�-% TD
Jamesport NY 11947 TD
Mail to:Judith A.Pascale;Suffolk County Cleric 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name W,'.
www.suffolkcountyny.gov/clerk Tale#
8 Suffolk County Recording & Endorsement Page
TW pale forms part of the attached Easement- - - -- made
by: (SPECIFY TYPE OF INSTRUMENT)
Alan A.Cardinale The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
In the VILLAGE
or HAMLET of Mattituck
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
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OPEN SPACE CONSERVATION EASEMENT
THIS OPEN SPACE CONSERVATION EASEMENT is made on the 7 D *% of
SAF;f - , 2016 at Southold, New York. The parties are Alan A. Cardinale residing at
13846 Atlantic Blvd. #108, Jacksonville, Florida 32225 (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# 1000-122.00-03.00-001.004, 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 "Final Plat of James Creek Landing at
Mattituck' prepared by Nathan Taft Corwin, dated July 12, 2005 and last dated May 12, 2016,
which map is to be filed in the Suffolk County Clerk's office; and is more fully described in
Schedule A, and hereinafter referred to as the "Premises."
Whereas, General Municipal Law Section 247 provides for the 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 interests 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, §278 of New York State Town Law authorizes cluster development of
subdivisions for the purpose of preserving the natural and scenic qualities of open lands; and
Whereas, Section 240-42H of the Subdivision Code of the Town of Southold requires
that Standard Subdivisions of properties seven acres or more in size be developed as clustered
subdivisions and 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 a portion of the subject property described in
Schedule A, attached hereto and made a part hereof, as shown on the aforementioned "Final Plat
of James Creek Landing at Mattituck" as "Open Space Easement No. 1" (Schedule B) and
"Open Space Easement No. 2" (Schedule C), 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
Space Conservation Easement in gross, which shall be binding upon and shall restrict the
premises shown on the aforesaid subdivision map, and referred to as Open Space Easement Area
No. 1, more particularly described in Schedule B annexed hereto and made a part of this
instrument and Open Space Easement Area No. 2 more particularly described in Schedule C
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 also represents that as of the date of this grant, there are no liens or mortgages
outstanding against the Easement Area, that are subordinated to Grantee's rights under 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.
Subordination agreements recognizing the terms of this easement and subordinating any
mortgages or liens to the easement must be recorded in the Suffolk County Clerk's office.
0.02 Purpose
The parties recognize the natural resource 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 placed at each
corner. Property boundaries running in a straight line greater than 800' shall have concrete
monuments placed every 500'.
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.
2 11
ARTICLE ONE
THE EASEMENT
l.O1_Type
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.
1.02 Duration
This Easement shall be a 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 one of its subsequent agents, successors, and assigns, and the word "Grantee" when
used herein shall include all of those persons or entities.
ARTICLE TWO
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
3
No buildings or other structures or improvements may be erected or constructed on the
Easement Area except as provided for in Section 4.03 hereof.
3.02 Excavation, Grading and Removal of Materials, Minim
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 4.03 hereof, 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.
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 Sims
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 addresses of the occupants, (b) to temporarily advertise
the property 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. The Southold Town Planning Board reserves the right to determine whether a
particular sign meets the restrictions and purposes of this easement.
3.06 Motorized vehicles
The use of all motorized vehicles within the Easement Area is prohibited, including but
not limited to recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's) except as
provided for in Section 4.03.
3.07 Soil and Water
4
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.
3.08 Vegetation_
Except at provided for in Section 4.03, the cutting, removal or disturbance of vegetation,
including trees, shrubs, and groundcover, is prohibited without the prior written consent of the
Southold Town Planning Board, which may be granted with limitations and only to control or
prevent the spread of disease or invasive plant or animal species. The Easement Area may be
supplemented with native vegetation plantings with prior written consent of the Southold Town
Planning Board where invasive or diseased plants had to be removed, and according to a re-
vegetation plan that has been reviewed and approved by the Planning Board.
3.09 Commercial Livestock
The use of the Easement Area for the raising of livestock for Concentrated Animal
Feeding operations (CAFO's) as defined by the U.S. Environmental Protection Agency shall be
prohibited. Also prohibited are commercial livestock operations involving swine, poultry, mink,
ratites, and other animals likely to produce highly offensive odors.
3.10 Utilities
The creation or placement of overhead utility transmission lines, utility poles,
underground wires, pipes, or wells on the Easement Area is prohibited, except to service
structures or activities as provided in Section 4.03 hereof. Any permitted utilities must be
installed underground.
3.11 Other Uses
The use of the Easement Area for any commercial or industrial purpose is prohibited. The
use of the Easement Area as a leaching or sewage disposal field is prohibited. Retail sales of any
kind are prohibited. Other uses not permitted include shooting ranges, paintball, tennis courts,
swimming pools, wireless facilities (cell towers) and all uses that are not consistent with the
purposes of this easement.
3.12 Drainageptic Systems
The use of the Easement Area as a leaching or sewage disposal field is prohibited. The
use of the Easement Area for drainage of stormwater runoff is prohibited, except as provided in
Section 4.03.
3.13 Development Rights
5
The use of the acreage of this Easement Area for purposes of calculating lot yield on any
other property is prohibited. Grantor hereby grants to Grantee all existing development rights
(and any further development rights that may be created through a rezoning of the Easement
Area) on the Easement Area and the parties agree that such rights, except those required to carry
out the permitted uses of and activities on the Easement Area, are terminated and extinguished
and may not be used or transferred to any other parcels.
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 Permitted Uses
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. Permitted Uses are described in more detail below.
Horse Corral(as per Exhibit D attached showing portion of Lot 4 with metes and bounds
description of Horse Corral)
A Horse Corral and associated clearing is permitted, however this use is
limited to the area in Lot 4 labeled "Proposed Horse Corral", as shown on the
filed subdivision map referenced herein. This use may not occur in any other
portion of the easement area. Grantor shall have the right to clear vegetation,
mow, and maintain the specified horse corral. Storm water runoff must be
contained within the Horse Corral Area.
Allowable structures in the Horse Corral:
Fences
Planning Board notice and approval, as provided in Section 4.04 Notice, are
required prior to any clearing of vegetation, and/or fence construction. Prior to
clearing any trees or erecting a fence, the Grantor shall clearly mark the
corners of the area labeled "Proposed Horse Corral' for review by the Planning
Board.
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4.04 Notice
Grantor shall notify Grantee, in writing, ninety (90) days before exercising any reserved
right with respect to the Easement Area, pursuant to Section 4.03. This includes the construction
of any structures and clearing of vegetation as provided in Section 4.03 herein. Grantor shall
provide Grantee with complete documentation including information on the need for and use of
such structures, and architectural plans of any proposed structures. The request for approval shall
describe the nature, scope, location, timetable and any other material aspect of the proposed
activity in sufficient detail to permit the Planning Board to evaluate the proposal.
This notice is in addition to any other governmental applications and/or approvals that
may be required by this Easement or by the Town Code of the Town of Southold.
4.05 Alienability
Grantor shall have the right to convey, mortgage or lease all of its remaining interest in
the Easement Area but only subject to this Easement. Grantor shall promptly notify the Southold
Town Planning Board of any conveyance of any interest in the Easement Area, including the full
name and mailing address of any transferee, and the individual principals thereof, under any such
conveyance. The instrument of any such conveyance shall specifically set forth that the interest
thereby conveyed is subject to this Easement, without modification or amendment of the terms of
this Easement, and shall incorporate this Easement by reference, specifically setting for the date,
office, liber and page of the recording hereof. The failure of any such instrument to comply with
the provisions hereof shall not affect Grantee's rights hereunder or the validity 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 Grantee harmless for any liability, costs, attorneys'
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
7
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'
fees,judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting: (a) from injury to persons or damages to property arising from any activity
on the 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
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 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 not 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 Area 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,
8
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within fifteen (l 5) 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
(iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee
deems necessary or desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided, however, that
any failure, delay or election to so act by Grantee shall not be deemed to be a
waiver or a forfeiture of any right or available remedy on Grantee's part with
respect to such breach, default, or violation or with respect to any other breach,
default or violation of any term, condition, covenant or obligation under this
Easement.
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 its parties concerning its
subject matter. Any prior agreement between the parties concerning its subject matter shall be
merged into this Easement and superseded by it.
9
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 Planning
Board with a majority plus one vote in favor, such amendment or discretionary consent furthers
or is not inconsistent with the purpose of this grant. Amendments will become effective upon
recording.
Notwithstanding the foregoing, the Grantee and Grantor have no 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.
7.03 S_e_verabl
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.
10
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it.
If any provision of this Easement is ambiguous or shall be subject to two or more interpretations,
one of which would render that provision invalid, then that provision shall be given such
interpretation as would render it valid and be consistent with the purposes of this Easement. Any
rule of strict construction designed to limit the breadth of the restrictions on use of the 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
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 Headings
The headings, titles and subtitles herein have been inserted solely for convenient
reference, and shall be ignored in its construction.
7.11 Entire AjZreement
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.
7.11 Authorization
Grantor warrants that the conveyance of this easement has been duly authorized and
Grantee warrants that acceptance of this conservation easement has been duly authorized by
resolution of the Town Board.
11
1 � 1
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has
accepted and received this Deed of Open Space Conservation Easement on the day and year set
forth above.
ACKNOWLEDGED AND ACCEPTED: ACKNOWLEDGED AND ACCEPTED:
TOWN 70-4vx�:::2 �
HOLD (Grantee)
BY• �_.
A. ale BY.
(Supervisor)
STATE OF NEW YORK: COUNTY OF SUFFOLK: SS:
On this zs A day of &0x1t1e-- in the year 20/ , before me, the undersigned,
personally appeared Scott Russell, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
JANCE L rocuo
�� No1oh heft-sem.a N"VM No,01 FW174616
Lary Public MhC" Evft
1"i"Ito "3014
STATE OF NEW YORK: COUNTY OF SUFFOLK: SS:
On this 20 day of in the year 20_1_�, before me, the undersigned,
personally appeared Alan A. Cardinale, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their
capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the
person upon behalf of which the individual(s) acted, executed the instrument.
6e
0 6t�BM A.O'NM
Fotary Public Notary Pditb aofNowYak
NM DION489M
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Oonwdssion Expbw•um 29.619
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Attachments:
SCHEDULE A: Metes and Bounds Description of the Premises (Subdivision Map)
SCHEDULE B: Metes and Bounds Description of Open Space Easement Area No. 1
SCHEDULE C: Metes and Bounds Description of Open/space Easement Area No. 2
Horse Corral Area
SCHEDULE D Metes and Bounds Description of the Horse Corral Area
12
SCHEDULE A
James Creek Landing Subdivision
SUFFOLK County Tax Map 1000-122.00-03.00-001.004
ALL that certain plot,piece or parcel of land,with buildings and improvements thereon erected,
situate,lying and being at Mattituck,Town of Southold,County of Suffolk and The State of New
York,bounded and described as follows:
BEGINNING at a point on the easterly side of Main Road (N.Y.S. Route 25)at the northeasterly
corner of the premises herein described adjoining land now or formerly of Petco Realty Co. on
the North,said point being 280.40 feet southerly from the corner formed by the intersection of
the southerly side of New Suffolk Avenue and the easterly side of Main Road(N.Y.S. Route
25),as measured along said easterly line of Main Road(N.Y.S. Route 25);
RUNNING thence along land now or formerly of Petco Realty Co. the following two(2)courses
and distances:
(1) South 83 degrees 1 I minutes 50 seconds East,313.77 feet to a point;
(2) North 30 degrees 06 minutes 10 seconds East, 100.00 feet to`a point along the
southerly line of land now or formerly of Tom's Dream;
RUNNING thence South 83 degrees I 1 minutes 50 seconds East along above said land,224.41
feet to a point along the westerly line of land now or formerly Glenn G. And Louise Munn;
RUNNING thence along above said land the following two(2)courses and distances:
(1) South 01 degrees 04 minutes 40 seconds West, 362.00 feet to a point;
(2) South 61 degrees 44 minutes 20 seconds East,246.17 feet to a point along the
westerly shore Iine of James Creek;
RUNNING thence along the shore line.of James Creek the following nine(9) courses and
distances:
(1) South 24 degrees 25 minutes 37 seconds West,251.28 feet to a point;
(2) South 02 degrees 46 minutes 35 seconds West,22.38 to a point;
(3) South 26 degrees 45 minutes I 1 seconds West, 104.85 feet to a point;
(4) South 02 degrees 32 minutes 25 seconds West,292.19 feet to a point;
(5) South 21 degrees 25 minutes 17 seconds West, 57.09 feet to a point
(6) North 56 degrees 1.5 minutes 20 seconds West 61.84 feet to a point;
(7) North 66 degrees 34 minutes 15 seconds West, 89.82 feet to a point;
(8) North 79 degrees 19 minutes 03 seconds West,281.71 feet to a point;
(9) North 80 degrees 48 minutes 26 seconds West, 383.81 feet to a point along the
easterly line of land now or formerly of Lorna and Thomas Luniewski;-
(1)
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RUNNING thence North 48 degrees 00 minutes 00 seconds East, along lands now or formerly of
Loma and Thomas Luniewski,AI&ed and Christina Steiner,Frank Milowski,Zozislaw and
Stefanie Mikoloiczyk,Roy A. Schelin and Paul Lucas, 605.28 feet to a point at the southeast
comer of land now or formerly of Paul Lucas;
RUNNING thence North 57 degrees 51 minutes 40 seconds West along lands now or formerly of
Paul Lucas,Paul and Helen Lucas and Walter Grabie,Inc, 568.41 feet to a point along the
easterly side of Main Road(N.Y.S. Route 25);
RUNNIING thence along the easterly side of Main Road(N.Y.S. Route 25)the following three
(3)courses and distances:
(1) North 44 degrees 56 minutes 00 seconds East, 170.00 feet of a point;
(2) North 37 degrees 07 minutes 50 seconds East, 103.23 feet to a point;
(3) North 30 degrees 06 minutes 10 seconds East, 60.00 feet to the point or place of
BEGINNING.
(2)
SCHEDULE B
Legal Description of Open Space Easement No. I
ALL that certain plot,piece or parcel of land situate, lying and being at Mattituck, Town of
Southold, County of Suffolk, and The State of New York,more particularly bounded and
described as follows:
BEGINNING at a point the following four(4)courses and distances from the corner formed by
the intersection of the easterly side of Main Road(N.Y.S. Route 25) and the southerly'side of
New Suffolk Avenue:
(1) 537.36 feet as measured southerly along the easterly side of Main Road(N.Y. S.
Route 25)to a point;
(2) Along the arc of a curve to the left having a radius of 19.96 feet and a length of
35.81 feet to a point;
(3) South 57 degrees 51 minutes 40 seconds East, 182.02 feet to a point;
(4) North 47 degrees 01 minutes 13 seconds East, 3 62.4 3 feet to the point or place of
BEGINNING,
RUNNING thence North 47 degrees 01 minutes 13 seconds East along land now or formerly of
Alan Cardinale, 64.75 feet to the southeast corner of land now of Petco Realty Co.;
RUNNING thence North 30 degrees 06 minutes 10 seconds East along the easterly line of land
now or formerly of Petco Realty Co., 100.00 feet to a point along the southerly line of land now
or formerly of Tom's Dream;
RUNNING thence South 83 degrees 1 I minutes 50 seconds East along land now or formerly of
Tom's Dream, 214.26 feet to a point;
RUNNING thence the following three (3) courses and distances through land now or formerly of
Alan Cardinale:
(1) Along the arc of a curve to the right having a radius of 100.00 feet and a length of
49.37 feet to a point;
(2) South 76 degrees 49 minutes 27 seconds West, 204.16 feet to a point;
(3) Along the arc of a curve to the left having a radius of 150.00 feet and a length of
78.03 feet to the point or place of BEGINNING.
SCHEDULE C
Legal Description of Open Space Easement No. 2
ALL that certain plot,piece or parcel of land situate, lying and being at Mattituck,Town of
Southold,County of Suffolk, and The State of New York,more particularly bounded and
described as follows:
BEGINNING at a point the following four(4)courses and distances from the corner formed F�
the intersection of the easterly side of Main Road(N.Y.S. Route 25) and the southerly side of
New Suffolk Avenue: I/
(1) 537.36 feet as measured southerly along the easterly side of Main Road(N.Y. S.
Route 25)to a point;
(2) Along the arc of a curve to the left having a radius of 1996 feet and a length of
35.81 feet to a point;
(3) South 57 degrees 51 minutes 40 seconds East, 182.02 feet to a point;
(4) North 47 degrees 01 minutes 13 seconds East, 11.22 feet to the point or place of
BEGINNING,
RUNNING thence the following five(5)courses and distances through land now or formerly of
Alan Cardinale:
(1) Along the arc of a curve to the right having a radius of 50.00 feet and a length of
57.96 feet to a point;
(2) North 47 degrees 01 minutes 13 seconds East, 243.15 feet to a point;
(3) Along the arc of a curve to the right having a radius of 134.00 feet and a length of
69.70 feet to a point;
(4) North 76 degrees 49 minutes 27 seconds East, 204.16 feet to a point;
(5) Along the arc of a curve to the left having a radius of 116.00 feet and a length of
56.30 feet to a point along the westerly line of land now or formerly of Glenn G.
and Louise Munn;
RUNNING thence South 01 degrees 04 minutes 40 seconds West along the westerly line of land
now or forrherly of Glenn G. and Louise Munn, 204.91 feet to a point;
_._ RUNNING thence the following seventy-three (73) courses and distances through land now or
formerly of Alan Cardinale:
(1) Along the arc of a curve to the left having a radius of 305.13 feet and a length of
11.26 feet to a point;
(2) Along the arc of a curve to the left having a radius of 32.88 feet and a length of
44.01 feet to a point;
(3) Along the arc of a curve to the left having a radius of 465.74 feet and a length of
84.04 fee to a point;
(1)
S
(4) South 18 degrees 46 minutes 18 seconds East, 144.35 feet to a point;
(5) South 02 degrees 15 minutes 25 seconds East,72.04 feet to a point;
(6) South 26 degrees 13 minutes 53 seconds West,65.30 feet to a point;
(7) South 49 degrees 39 minutes 16 seconds West, 82.44 feet to a point
(8) South 71 degrees 12 minutes 27 seconds West, 55.37 feet to a point;
(9) South 46 degrees 1 l minutes 16 seconds West,69.53 feet to a point;
(10) South 21 degrees 20 minutes 15 seconds West,49.71 feet to a point;
(11) South 18 degrees 56 minutes 18 seconds East,35.14 feet to a point;
(12) South 28 degrees 55 minutes 32 seconds East,25.52 feet to a point;
(13) South 23 degrees 12 minutes 33 seconds West, 31.89 feet to a point;
(14) South 25 degrees 48 minutes 42 seconds East, 1344 feet to a point;
(15) South 73 degrees 43 minutes 21 seconds East, 48.30 feet to a point;
(16) South 32 degrees 57 minutes 52 seconds East, 28.38 feet to a point;
(17) South 01 degrees 25 minutes 09 seconds West, 113.08 feet to a point;
(18) South 31 degrees 43 minutes 23 seconds West, 24.31 feet to a point;
(19) South 87 degrees 03 minutes 52 seconds West, 51.61 feet to a point;
(20) South 74 degrees 00 minutes 25 seconds West,29.62 feet to a point;
(21) North 88 degrees 17 minutes 08 seconds West, 39.59 feet to a point;
(22) North 77 degrees 35 minutes 27 seconds West, 120.16 feet to a point;
(23) South 89 degrees 27 minutes 39 seconds West, 75.70 feet to a point;
(24) South 64 degrees 57 minutes 52 seconds West,20.07 feet to a point
(25) North 87 degrees 59 minutes 48 seconds West,48.18 feet to a point;
(26) North 75 degrees 06 minutes 31 seconds West,41.32 feet to a point;
(27) North 64 degrees 59 minutes 56 seconds West,41.65 feet to a point;
(28) North 83 degrees 26 minutes 39 seconds West, 82.60 feet to a point;
(29) North 52 degrees 46 minutes 56 seconds West, 18.21 feet to a point;
(30) North 73 degrees 21 minutes 57 seconds West, 15.33 feet to a point;
(31) North 09 degrees 1 I minutes 34 seconds East, 22.10 feet to a point;
(32) North 48 degrees 00 minutes 00 seconds East, 344.08 feet to a point;
(33) South 42 degrees 00 minutes 00 seconds East, 30.00 feet to a point;
(34) South 48 degrees 00 minutes 00 seconds West,228.58 feet to a point;
(35) South 80 degrees 51 minutes 03 seconds East, 15.53 feet to a point;
(36) South 75 degrees 07 minutes 34 seconds East,29.65 feet to a point;
(37) South 66 degrees 25 minutes 31 seconds East, 19.94 feet to a point;
(38) South 62 degrees 00 minutes 59 seconds East, 19.88 feet to a point;
(39) South 77 degrees 29 minutes 12 seconds East, 17.50 feet to a point;
(40) North 89 degrees 34 minutes 37 seconds East, 11.09 feet to a point,
(41) North 74 degrees 12 minutes 22 seconds East, 27.04 feet to a point;
(42) North 89 degrees 40 minutes 49 seconds East, 68.51 feet to a point;
(43) North 85 degrees 26 minutes 36 seconds East, 11.93 feet to a point;
(44) North 12 degrees 05 minutes 38 seconds East, 178.05 feet to a point;
(45) South 42 degrees 00 minutes 00 seconds East, 37.04 feet to a point;
(46) South 12 degrees 05 minutes 38 seconds West, 152.98 feet to a point;
(2)
x
(47) Along the arc of a curve to the left having a radius of 45.00 feet and a length of
72.89 feet to a point;
(48) South 80 degrees 42 minutes 45 seconds East, 74.96 feet to a point;
(49) Along the are of a curve to the left having a radius of 25.00 feet and a length of
53.15 feet to a point;
(50) North 22 degrees 32 minutes 01 seconds West, 132.52 feet to a point;
(51) North 45 degrees 50 minutes 28 seconds West,29.73 feet to a point;
(52) North 11 degrees 56 minutes 17 seconds West, 63.97 feet to a point;
(53) Along the arc of a curve to the right having a radius of 253.97 feet and a length of
136.17 feet to a point;
(54) North 54 degrees 05 minutes 52 seconds West, 42.17 feet to a point;
(55) North 48 degrees 00 minutes 00 seconds East, 51.98 feet to a point;
(56) North 57 degrees 51 minutes 40 seconds West, 41.28 feet to a point;
(57) Along the arc of a curve to the right having a radius of 25.00 feet and a length of
39.27 feet to a point;
(58) North 32 degrees 08 minutes 20 seconds East, 26.26 feet to a point;
(59) South 61 degrees 43 minutes 16 seconds East, 170.82 feet to a point;
(60) North 48 degrees 59 minutes 10 seconds East, 41.42 feet to a point;
(61) North 18 degrees 43 minutes 46 seconds East, 25.76 feet to a point;
(62) North 11 degrees 06 minutes 19 seconds West,44.81 feet to a point;
(63) North 20 degrees 38 minutes 15 seconds East, 88.71 feet to a point;
(64) North 14 degrees 00 minutes 40 seconds West, 43.72 feet to a point
(65) North 07 degrees 11 minutes 18 seconds West, 9.26 feet to a point;
(66) North 87 degrees 51 minutes 16 seconds West, 37.80 feet to a point'
(67) South 32 degrees 08 minutes 20 seconds West, 112.52 feet to a point;
(68) North 57 degrees 51 minutes 40 seconds West, 30.00 feet to a point;
(69) North 32 degrees 08 minutes 20 seconds East, 111.23 feet to a point;
(70) North 57 degrees 51 minutes 40 seconds West, 30.00 feet to a point;
(71) North 32 degrees 08 minutes 20 seconds East, 17.97 feet to a point;
(72) North 49 degrees 27 minutes 30 seconds West, 150.94 feet to a point;
(73) South 47 degrees 01 minutes 13 seconds West, 269.24 feet to the point or place of
BEGINNING.
(3)
SCHEDULE D
Horse Conal
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of
Southold, County of Suffolk and The State of New York, bounded and described as follows:
BEGINNING at a point at the southwest corner of land to be herein described, said point being
the following six (6) courses and distances from the comer formed by the intersection of the
southerly side of New Suffolk Avenue and the easterly side of Main Road (N.Y,S. Rte 25):
(1) Southerly along the easterly side of Main Road (N.Y.S. Rte. 25), 537.36 feet to a
point;
(2) Through land now or formerly of Alan Cardinale along the arc of a curve to the
left having a radius of 19.96 feet and a length of 35.81 feet to a point;
(3) Continuing through above said land South 57 degrees 51 minutes 40 seconds East,
455.97 feet to a point;
(4) Continuing through above said land along the arc of a curve to the left having a
radius of 25.00 feet and a length of 39.27 feet to a point;
(5) Continuing through above said land North 32 degrees 08 minutes 20 seconds East,
193.59 feet to a point;
(6) Continuing through above said land North 57 degrees 51 minutes 40 seconds
West, 2.94 feet to the true point or place of BEGINNING;
RUNNING thence the following eight(8)courses and distances through land now or formerly of
Alan Cardinale:
(1) North 57 degrees 51 minutes 40 seconds West, 186.85 feet to a point;
(2) North 45 degrees 28 minutes 01 seconds East, 150.50 feet to a point;
(3) North 76 degrees 28 minutes 05 seconds East, 62.35 feet to a point;
(4) South 30 degrees 26 minutes 17 seconds East, 93.07 feet to a point;
.(5) South 53 degrees 24 minutes 04 second East, 24.47 feet to a point;
(6) South 03 degrees 24 minutes 15 seconds West, 99.31 feet to a point;
(7) North 87 degrees 51 minutes 16 seconds West, 53.31 feet to a point;
(8) South 32 degrees 08 minutes 20 seconds West, 35.54 feet to the point or place of
BEGINNING.