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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 1 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. 2 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. 3 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 4 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 5 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. 6 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 7 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. 8 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. 9 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. 10 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 ....n.. ...d.�....,.�..-cis+c.rr+.r.s,x.ma....r=-_x w.o_R.a....:-a-.earv..x.:r..�-:-�—*w.-c.:_r..,nt..r.-.n-.-m__.�nr_.-.�..ras.:rs�c_v.-sa.�..��..r-.-s�x.s+.w_ .-�a-1.,: -�.uwwan.racaw+.w.�u_tc_sm_u.w-uy.,..r•, 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".