HomeMy WebLinkAboutL 12923 P 483 l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l l i l l l l l l l l l l l l l l l l l
I f l l l l l l l l l l l l l l l l l l l l l l l
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 08/04/2017
Number of Pages : 19 At: 01 :07 :14 PM
Receipt Number : 17--0132863
TRANSFER TAX NUMBER: 17-00643 LIBER: D00012923
PAGE : 483
District: Section: Block: Lot:
1000 113 .00 07 .00 019.023
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $95 . 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 $23 . 75 NO RPT $200 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $363 .75
TRANSFER TAX NUMBER: 17-00643
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
i
RECORDED
Number of pages 2017 Aug 04 01:07:14 PM
JUDITH R. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
923
record.Please-remove all F 4 4O3 L D0001
83
Social Security Numbers DT# 17-00643
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee i Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 5_ Sub Total
Notation SpecJAssit.
or
EA-5217(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
0 i0;: Dual Town Dual County
R.P.T.S.A, �— Held for Appointment
Comm.of Ed. 5. 00Transfer Tax
MansionTax
Affidavit _�� t1 t; The property covered by this mortgage is
Certified Co 1� or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total ��3 1J YES or NO
Other 3 Grand Total If NO, see appropriate tax clause on
age# of this instrument.
40 _3._�.
4 1 Dist. 1 3449465 1000 11300 0700 019023 1.023 5 Community Preservation Fund
Real Property P T S 1111111 III 11P 11111 1111�1111111111111111 Consideration Amount$
Tax Service R LWI A
Agency 04-AUG-17 CPF Tax Due $
Verification
improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Charles R.Cuddy TD
445 Griffing Avenue
Riverhead,NY 11901 TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Open Space Conservation Easement made
by: (SPECIFYTYPE OF INSTRUMENT)
55 Cox Neck Road Realty,LLC The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of Southold
Town of Southold In the VILLAGE
or HAMLET of Mattituck
BOXES 6 THRU S MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING,
over
r.
OPEN SPACE CONSERVATION EASEMENT
THIS OPEN SPACE CONSERVATION EASEMENT is made on tha�It✓� of p+�� 1017
at Southold,New York. The parties are 55 Cox Neck Road Realty LLC a New York limited liability
company with an address at 9 Colonial Drive, Upper Brookville,NY 11771 (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#1000-113-7-19.23, and has made
application to and has received approval from the Planning Board of the Town of Southold to
subdivide said real property as shown on the Subdivision Map of"Final Plat for the Estates at
Royalton"prepared by Howard Young, Licensed Land Surveyor, last dated June 22, 2016, which
map is to be filed in the Suffolk County Clerk's office; is shown 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 General Municipal Law Section 247 of the New York General
Municipal Law to acquire fee title or lesser interest in land, including conservation easements which
may be necessary or desirable for the preservation, conservation 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 Subdivision 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 found that 60% of
buildable lands for the aforementioned property equals 15.20 acres, and has required this Open Space
Conservation Easement be placed over that portion of the property as shown in Schedule B, attached
hereto and made a part hereof, shown on the aforementioned Subdivision Map as the
"Open Space" and hereinafter referred to as the"Easement Area;"and
Whereas, as a condition of said approval, the Planning Board has required that the within
Easement be recorded in the Suffolk County Clerk's Office prior to the filing of the aforementioned
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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, herein referred to as the Easement Area, more particularly
described in and designated in Schedule B annexed hereto and made a part of this instrument.
0.01 Grantor's Warranty and Liens Subordinated
Grantor warrants and represents to the Grantee that Grantor is the owner in fee simple of the
Easement Area described in Schedule B, and possesses the right to grant this easement. Grantor also
represents that as of the date of this grant, there are no liens or mortgages outstanding against the
Easement Area. 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 open space, scenic, and 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 groundwater quality, 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.
The vegetated buffers (buffers) shall be maintained into perpetuity. The main purpose of the
buffers are for substantial visual screening along the property lines to mitigate the impacts to public
roadways and neighbors from this development including preserving aesthetics and quality of life.
Other purposes of the buffer include providing a wind-break to help reduce soil erosion, retain native
vegetation for wildlife habitat, and to help prevent stormwater runoff from leaving the site. This
buffer will be identified on the plat as "Vegetated Buffer."
a. Where the buffers do not provide substantial visual screening, supplemental plantings
must be made to the buffers by planting enough evergreen trees to accomplish a dense, double row of
vegetation with sufficient height to provide adequate screening. Shrubs can also be planted in the
buffers. Planted trees and shrubs that die shall be replaced within three (3) months unless otherwise
agreed upon by the Planning Board or their representative.
b. No clearing, grading or mowing may occur within the vegetated buffer areas.
C. Removal of noxious, invasive plants and vines is permitted, but they must be hand-
pulled, hand-cut, or cut with machinery selective enough to keep nearby native plants intact to the
greatest extent practicable.
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0.03 Boundary Markers
The Easement Area boundary shall be marked by concrete monuments 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.
ARTICLE ONE
THE EASEMENT
1.01 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.
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ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and practices are prohibited
forever upon or within the Easement Area; except as otherwise specifically permitted by the
provisions hereof.
3.01 Structures and Improvements
No buildings or other structures or improvements may be erected or constructed on the
Easement Area except as permitted by Section 4.03 hereof.
3.02 Excavation, Grading and Removal of Materials, Mining
The excavating, grading or filling of the Easement Area, except as may be necessary to
construct and maintain permitted structures and improvements on the Easement Area as provided in
Section 4.03 hereof, is prohibited. Mineral exploitation, and extraction by any method, surface or
subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor
shall the topography of the Easement Area be changed except to construct and maintain the permitted
structures and improvements permitted by Section 4.03 hereof, 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.
3.05 Signs
The display of signs, billboards, or advertisements is prohibited, except for small signs whose
placement, number, and design do not 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
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limited to recreational vehicles, dirt bikes, and all-terrain vehicles (ATV's) except as necessary to
install and maintain structures and improvements provided for in Section 4.03.
3.07 Soil and Water
Any use or activity that causes or is likely to cause soil degradation, compaction or erosion or
pollution of any surface or subsurface waters is prohibited.
3.08 Vegetation
The cutting, removal or disturbance of vegetation, including trees, shrubs, and groundcover,
is prohibited, except as provided for in Section 4.03.
3.09 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. Utilities must be installed underground.
3.10 Other Uses
The use of the Easement Area for any commercial or industrial purpose is prohibited. Other
uses not permitted include paintball, shooting ranges, swimming pools, wireless facilities (cell
tower), and all uses that are not consistent with the purposes of this easement.
3.11 Drainage
The use of the Easement Area for drainage is prohibited, except as provided in Section 4.03.
3.12 Develooment Rights
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
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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 Use
Grantor shall have the right to use the Easement Area in any manner and for any purpose
consistent with and not prohibited by this Easement or applicable local, New York State or federal
law. Permitted Uses are described in more detail below.
A. Passive Outdoor Recreation
"Passive outdoor recreation" is defined as dispersed, noncommercial, and non-motorized
recreational activities that do not rely on buildings or spectator facilities and have minimal impact on
natural resources. Such uses include hiking, horseback riding on designated trails, pedestrian access
paths, nature observation, picnicking, cross-country skiing, snowshoeing, bird watching, hunting and
enjoyment of open space.
B. Vegetated buffers as shown on the approved subdivision map.
C. Picnic Areas as shown on the approved subdivision map.
D. Common Horse Paddock
A single Common Horse Paddock is permitted, solely for the turn-out and grazing of horses
owned by the members of this subdivision's homeowners' association. Associated fencing and
necessary clearing are also permitted, as is a single small run-in shed.
Prior to installation of the Common Horse Paddock, the size and location must be clearly
marked on a copy of the subdivision Final Plat, and submitted for review to the Southold Town
PIanning Board. The surface of the paddock must be maintained with grass or similar vegetation, and
a soil/vegetation/grazing management plan must be submitted with the drawing of the location of the
paddock. A written approval must be received by the Planning Board prior to installation. The
paddock may not interfere with the required buffers for this subdivision.
Allowable structures in the Common Horse Paddock:
• Fencing
• One Small Run-in Shed
E. Community Garden
Grantor shall have the right to clear vegetation, mow, maintain and cultivate a portion of
the Easement Area for the purpose of installing and maintaining a community garden for the
members of this subdivision's homeowners' association.
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Prior to any tree clearing or cultivation, the location of the garden must be identified on a
plan and reviewed by the Planning Board for its size and location and approved in writing. A deer
fence may be permitted, but only after review and written approval by the Planning board. Any
structures such as garden sheds (except permitted fencing) in support of this garden must be located
within the residential building envelope(s) and entirely outside the Easement Area. Any fertilizers or
pesticides used must be organic. The Community Garden may not interfere with the required buffers
for this subdivision.
F. Woodlots, arboreta and silviculture in keeping with established standards for selective
harvesting and sustained yield forestry. The Grantor must submit a forestry management plan from a
licensed professional to the Planning Board for review and written approval prior to any activities
related to the cutting or pruning of trees for this purpose. See Section 4.04 Notice for more details.
G. Water supply and sewage disposal systems, and storm-water detention areas as shown on
the approved subdivision map referenced herein. These areas must be designed, landscaped, and
available for use as an integral part of the open space area.
H. Fencing of the Easement Area
Fencing along the property lines of the easement area is permitted, with prior written
approval from the Planning Board as to location and type of fence.
1. Vegetation Removal or Disturbance
The removal of dead or decaying vegetation for reasons other than permitted uses
described above is permissible, with limitations, and with the prior written consent of the Southold
Town Planning Board. This written consent may be granted 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 according to a re-vegetation plan with prior written consent of the Southold
Town Planning Board.
J. Environmental Sensitivity During Construction
The use and location of any improvement permitted to be constructed hereunder shall be
consistent with the conservation purposes intended herein, and construction of any such improvement
shall minimize disturbance to the environment including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of access routes for construction
vehicles.
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 trees as provided in Section 4.03 herein. Grantor shall provide Grantee with
complete documentation including information on the need for and use of any proposed structures,
and architectural plans of any proposed structures, which are subject to the Southold Town Planning
Board approval. The request for approval shall describe the nature, scope, location, timetable and any
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other material aspect of the proposed improvement or 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 harmless for any liability, costs, attorney's fees,judgments
or expenses to Grantee or any of its officers, employees, agents or independent contractors arising
from the physical maintenance or condition of the Easement Area or from any taxes, levies or
assessments upon it or resulting from this Easement, all of which are considered Grantor's sole
obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fee,
judgments, or expenses to Grantee or any of its officers, employees, agents or independent
contractors resulting:(a) from injury to persons or damages to property arising from any activity on
the Easement Area, except those due solely to the acts of the Grantee, its officers, employees, agents,
or independent contractors; and (b) from actions or claims of any nature by third parties arising out of
the entering into or exercise of rights under this easement, excepting any of those matters arising
solely from the acts of Grantee, its officers, employees, agents, or independent contractors.
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ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Inspection
Grantee shall have the right to enter upon the Easement Area at reasonable times, upon prior
notice of at least thirty(30) days to Grantor, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee, its successors, assigns, agents,
attorneys, representatives and affiliates shall not interfere with the Grantor's use and quiet enjoyment
of the Easement Area. Grantee shall have the right to enter upon the Easement Area for any other
purpose, except pursuant to 6.03 (ii) hereof, nor to permit access upon the Easement Area by the
public,
6.02 Restoration
In the event of any violation of this Easement, Grantee shall have the right to require Grantor
to restore the Easement 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,
provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice
requirement is expressly waived by Grantor with respect to any such breach, default or violation
which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of
the open space values or otherwise to further the purposes of this Easement), Grantee shall have the
right at Grantor's sole cost and expense and at Grantee's election,
(i) To institute a suit to enjoin or cure such breach, default or violation by temporary
and/or permanent injunction,
(ii) To 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.
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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 UnderstandinP,
This Easement contains the entire understanding between its parties concerning its subject
matter. Any prior agreement between the parties concerning its subject matter shall be merged into
this Easement and superseded by it.
7.02 Amendment
Grantor and Grantee recognize that circumstances could arise which justify amendment of
certain of the terms, covenants, or restrictions contained in this Conservation Easement, and that
some activities may require the discretionary consent of Grantee. To this end, Grantor and Grantee
have the right to agree to amendments and discretionary consents to this Instrument, provided that in
the sole and exclusive judgment of the Grantee, and after a public hearing by the Southold Town
Planning Board, and upon recommendation of the Southold Town Planing Board with a majority plus
one vote in favor, such amendment or discretionary consent further or is not inconsistent with the
purpose of this grant. Amendments will become effective upon recording.
Notwithstanding the foregoing, the Grantee and Grantor have 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 Severabili
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.
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7.04 Notice
All notices required by this Easement must be written. Notices shall be delivered by hand or
express, certified or registered mail, return receipt requested, or by certified mail, with sufficient
prepaid postage affixed and with return receipts requested. Mailed or expressed notice to Grantor
shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may
designate by notice in accordance with this Section 7.04. Mailed notice to Grantee shall be addressed
to its principal office, recited herein, marked for the attention of the Town Supervisor, Southold
Town Planning Board, and the Town Attorney, or to such other address as Grantee may designate by
notice in accordance with this Section 7.04.Notice shall be deemed given and received as of the date
of its manual delivery or the date of its mailing.
7.05 Governing Law
New York Law applicable to deeds and conservation easements pertaining to land located
within New York shall govern this Easement in all respects, including validity, construction,
interpretation, breach, violation and performance, except as provided in Section 7.06 hereof.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this Easement shall be
construed in favor of one of the parties because it was drafted by the other party's attorney. No
alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. if
any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of
which would render that provision 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
I1
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 Aareement
This instrument sets forth the entire agreement of the parties with respect to the Easement
Area and supercedes all prior discussions, negotiations understandings or agreements relating to the
Easement Area all of which are merged herein.
7.12 Authorization
Grantor warrants that the conveyance of this Easement has been duly authorized by its
members and Grantee warrants that acceptance of this Conservation Easement has been duly
authorized by resolution of the Town Board.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and
received this Deed of Open Space Conservation Easement on the day and year set forth above.
55 Cox Neck ad Realty LLC
By:
hie) jyerra vG ember/Grantor
Town of Southold (Grantee)
By: 4
&4W
-5CC�-j Wye 11 , Supervisor
12
STATE OF NEW YORK )
COUNTY OF )
th ay of VVU in the year 2017, before me, the undersigned, personally
appeared hfttra4A, personally known to me, or proved to me on the basis of
satisfactory evidence, to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity and that by his signature on the
instrument, the individual, or the person upon behalf of is the indivi al acted, cuted the
instrument.
Mary Louise Ssntwroce
Notary Public State of New York
No,01SAM51325 Suffolk Coufft Notary Public
Commission Expires NOV.20,Z0-0
STATE OF NEW YORK )
) ss..
COUNTY OF SUFFOLK)
On the e day of J — in the year 2017, before me, the undersigned, personally
appeared Sft-t4,Vm-%Se u , personally known to me, or proved to me on the basis of satisfactory
evidence,to be the individual whose name is subscribed to the within instrument and acknowledged
to me that he executed the same in his capacity and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument.
LAUREN M.STANDISH L
Notary Public,State of New York h
�
No.01ST6164a08 of ry Public
Ouslified in Suffolk County
Commission Expires April 9,2015
13
SCHEDULE A
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State f
New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Sound Avenue distant 337.83 feet westerly from
the southwesterly end of the arc of a curve connecting the northerly side of Sound Avenue and
the westerly side of Cox Neck Road;
RUNNING THENCE along the northerly side of Sound Avenue the following four(4) courses:
1. South 76 degrees 26 minutes 14 seconds West, 37.17 feet;
2. South 74 degrees 50 minutes 14 seconds West, 227.91 feet;
3. South 71 degrees 39 minutes 44 seconds West, 191.01 feet;
4. South 67 degrees 23 minutes 14 seconds West, 14.33 feet to a monument;
RUNNING THENCE along the lands now or formerly of Pufahl and Simicich North 33 degrees
01 minutes 06 seconds West, 2246.63 feet to a monument;
RUNNING THENCE still along the land now or formerly of Simicich North 63 degrees 13
minutes 34 seconds East 505.42 feet to a monument;
RUNNING THENCE along the lands now or formerly of Simicich and Milowski, South 33
degrees 01 minutes 06 seconds East 670.12 feet to a pipe;
RUNNING THENCE along the lands now or formerly of Milowski and Chudiak North 63
degrees 13 minutes 04 seconds East 415.17 feet to a monument on the westerly side of Cox Neck
Road;
RUNNING THENCE along the westerly side of Cox Neck Road the following two (2) courses:
1. South 25 degrees 45 minutes 26 seconds East 534.55 feet (deed); 534.53 (actual) to a
monument;
2. South 33 degrees 32 minutes 56 seconds East 699.82 feet;
RUNNING THENCE South 56 degrees 27 minutes 04 seconds West 270.00 feet;
RUNNING THENCE South 13 degrees 33 minutes 46 seconds East 400 feet to the northerly side
of Sound Avenue, the point or place of BEGINNING
SCHEDULE B
ESTATES AT ROYALTON
At Mattituck,Town of Southold
Suffolk County, New York
Surveyor's Description - Lot 13, Subdivision, "Estates at Royalton"
Open Space
ALL-that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate,lying, and being at Mattituck,Town of Southold, County of
Suffolk and State of New York,known and designated as Lot 13, Open Space as shown
on Subdivision, "Estates at Royalton", more particularly bounded and described as
follows:
BEGINNING at a point on the northerly side of Sound Avenue,,said point being situate
the following two (2) courses and distances as measured along the northerly side of
Sound Avenue from the northerly terminus of the are of acurve connecting the westerly
side of Cox Neck Road and the northerly side of Sound Avenue:
1. On the arc of a curve to the right having a radius of 66.50 feet for a
distance of 127.69 feet,
2. South 76 deg. 26 min. 14 sec. West 337.83 feet;
RUNNING thence from said point of beginning along the northerly side of Sound
Avenue the following four (4) courses and distances:
1. South 76 deg. 26 min. 14 sec. West 37.17 feet,
2. South 74 deg. 50 min. 14 sec.West 227.91 feet,.
3. South 71 deg. 39 min. 44 sec. West 191.ox feet,
4. South 67 deg. 23 min. 14 sec. West 14.33 feet to land now or formerly
Gatz Enterprises, LLC;
RUNNING thence North 33 deg. o1 min. o6 sec. West along land now or formerly Gatz
Enterprises, LLC and along land now or formerly Walter Gatz&Marilyn Gatz 1302.51
feet to a
point;
RUNNING thence along Lot 12, Subdivision, "Estates at Royalton"the following three
(3)
courses and distances:
1. North 62 deg. 30 min. 32 sec. East 413.38 feet,
2. North 11 deg. o8 min. 30 sec. East 138.80 feet,
3. North 63 deg. 24 min. 49 sec. East 389.33 feet to the westerly side of Cox
Neck Road;
RUNNING thence along the westerly side of Cox Neck Road the following two (2)
courses and
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distances:
1. South 25 deg. 45 min. 26 sec. East 376.47 feet,
2. South 33 deg. 32 min. 56 sec. East 41.6o feet to the northerly side of
Royalton Row;
Page 2
RUNNING thence along the northerly side of Royalton Row the following two (2)
courses and distances:
1. On the arc of a curve to the right having a radius of 25.00 feet for a
distance of 39.27 feet,
2. South 56 deg. 27 min. 04 sec.West 68.10 feet to Lot 1, Subdivision,
"Estates at Royalton";
RUNNING thence along Lot 1 and Lot 2, Subdivision, "Estates at Royalton"the
following
four (4) courses and distances:
1. North 33 deg. 82 min. b7 sec.West 175.0o feet,
2. On the are of a curve to the right having a radius of 370.00 feet for a
distance of 115.14 feet,
3. On the arc of a curve to the left having a radius of 363.46 feet for a
distance of 289.11 feet,
4. South 64 deg. 26 min. 54 sec. East 175.51 feet to the westerly side of
Royalton Row; ,
RUNNING thence on the arc of a curve to the left having a radius of 188.46 feet along
the westerly side of Royalton Row for a distance of 40.o8 feet to Lot 3, Subdivision,
"Estates at Royalton";
RUNNING thence along Lot 3 and Lot 4, Subdivision, "Estates at Royalton"the
following four (4) courses and distances:
1. North 64 deg. 26 min. 54 sec. West 175.51 feet,
2. On the are of a curve to the left having a radius of 363.46 feet for a
distance of 449.65 feet,
3. On the arc of a curve to the right having a radius of 1oo.00 feet for a
distance of 3.83 feet,
4. North 55 deg. 14 min. 55 sec. East 175.92 feet to the westerly side of
Royalton Row;
RUNNING thence on the are of a curve to the right having a radius of 374.63 feet along
the
westerly side of Royalton Row for a distance of 40.04 feet to Lot 5, Subdivision, "Estates
at Royalton";
RUNNING thence along Lot 5, Lot 6, Lot 7&Lot 8, Subdivision, "Estates at Royalton
" the following five (5) courses and distances:
1. South 55 deg. 14 min. 55 sec.West 177.32 feet,
2. On the are of a curve to the right having a radius of 100.0o feet for a
distance of 64.64 feet,
Page 3 .
3. On the are of a curve to the left having a radius of 235.00 feet for a
distance of 903.74 feet,
4. On the are of a curve to the right having a radius of 800.00 feet for a
distance of
11.73 feet,
5. South 68 deg. 03 min.53 sec.West 180.50 feet to the easterly side of
Royalton Row;
RUNNING thence on the are of a curve to the right having a radius of 100.0o feet along
the easterly side of Royalton Row 40.42 feet to Lot 9, Subdivision, "Estates at Royalton";
RUNNING thence along Lot 9, Lot io &Lot 11, Subdivision,-"Estates at Royalton"the
following six (6) courses and distances:
1. North 68 deg. 03 min. 53 sec. East 182.28 feet,
2. On the arc of a curve to the right having a radius of 800.0o feet for a
distance of 57.02 feet,
3. On the arc of a curve to the left having a radius of 599.63 feet for a
distance of 133.69 feet,
4. On the arc of a curve to the right having a radius of 70.00 feet for a
distance of 11$.35 feet,
5. On the are of a curve to the left having a radius of 770.00 feet for a
distance of 93.48 feet,
6. North 33 deg. 32 min. 56 sec. West 175.00 feet to the southerly side of
Royalton Row;
RUNNING thence along the southerly side of Royalton Row the following two (2)
courses and distances:
1. North 56 deg. 27 min. 04 sec. East 68.10 feet,
2. On the are of a curve to the right having a radius of 25.0o feet for a
distance of 39.27 feet to the westerly side of Cox Neck Road;
RUNNING thence South 33 deg. 32 zein. 56 sec. East along the westerly side of Cox
Neck Road 558.22 feet to land now or formerly Premium Wine Holdings LLC;
RUNNING thence along land now or formerly Premium Wine Holdings LLC the
following two (2) courses and distances:
1. South 56 deg. 27 min. 04 sec. West 270.00 feet,
2. South 1.3 deg. 33 min. 46 sec. East 400.00 feet to the northerly side of
Sound Avenue and the point or place of Beginning.
CONTAINING an area of 15.0031 Acres or 653534 Square Feet.
SUBJECT TO a planting buffer as shown on Subdivision, "Estates at Royalton".