HomeMy WebLinkAboutL 12931 P 373 l I I I I I I I I I I I I I l E I I I I I I I I I I I I I I I I I I I I I I I I I I I l E l l l l
I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 09/27/2017
Number of Pages : 19 At: 11 : 12 : 14 AM
Receipt Number : 17-0168803
TRANSFER TAX NUMBER: 17-07123 LIBER: D00012931
PAGE : 373
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 .50 NO
Cert.Copies $23 . 75 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm. Pres $0 . 00 NO
Fees Paid $364 .25
TRANSFER TAX NUMBER: 17-07123
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
❑1 F2
RECORDED
Number of pages 2017 Sep 27 11:12:14 AM
.JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK. COUNTY
record.Please remove all L D00012931
P 373
Social Security Numbers DT# 17-07123
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee Mortgage Amt.
1.Basic Tax
Handling 20. 00 2, Additional Tax
TP-584 S Sub Total
Notation Spec./Assit.
/1 or
EA-52 17(County) Sub Totals•° Spec./Add.
EA-5217(State) TOT.MTG.TAX
CID Dual Town Dual County
R.P.T.S.A. _ a Held for Appointment
Comm.of Ed. S. 00 (101 Transfer Tax
_ Mansion Tax
Affidavit
�3 .ZS The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00family dwelling only.
Sub Total 4 �� YES or NO
Other I� e
Grand Total 3 iD 4. c�J If NO, see appropriate tax clause on
page# of this instrument.
4 Dist. 3485830 1000 11300 0700 019023 23 5 Community Preservation Fund
Tax Property
R LPA A limillimiguillilill Consideration Amount$
Agency 27SEP47 CPF Tax Due $
Verification --(
-- -- Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: acant Land
Charles R.Cuddy / TD
445 Griffing Avenue
Riverhead,NY 11401 V 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 Amended Open Space Conservation Easement made
by: (SPECIFY TYPE 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 gouthold 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.
over
AMENDED OPEN SPACE CONSERVATION EASEMENT
THI IED OPEN SPACE CONSERVATION EASEMENT is made on the
7 of C, 20_L;ht 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"). This amends amendments are underlined the Open Space
_Conservation Easement dated the 2°a day of February, 2017 and recorded with the Suffolk
County Clerk on August 4, 2017 at Liber 12923 at Pam.
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 described
at Schedule A, 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
entitled "Estates at Royalton Final Plat" prepared by Howard Young, Licensed Land Surveyor,
last dated February 21, 2017 which map is to be filed in the Suffolk County Clerk's office; and
hereinafter referred to as the"Subdivision Map."
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 interests 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 Subdivisions of properties seven acres or more in size be developed as clustered
subdivisions and preserve a certain percentage 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 15 acres of the area to be subdivided, as.described
in Schedule B, attached hereto and made a part hereof, shown on the aforementioned
Subdivision Map as Lot 13 "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 Cleric'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, 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 A, 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.
Vegetated buffers as shown on the Subdivision Map shall be maintained alongtheir
entire length into nemetuity. The main purpose of the buffers is 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, and to hell) prevent stormwater
runoff from leaving the site.
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'.
2
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 Dum in
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.
4
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
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 towers), 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 for in Section
4.03.
3.12 Development 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.
5
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.
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 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, and described below, are
permitted to be maintained as necessary to fulfill the purpose of screening.
1. A 50 foot wide vegetated buffer located adjacent to Cox Neck Road as shown on
the Subdivision Map, to be planted and maintained with evergreens as screening
to Cox Neck Road,
2. A 50 foot wide uninterrupted vegetated buffer located adjacent to Sound Avenue
planted with C tomeria trees or other similar evergreen species as approved b
the Planning Board. No roads, driveways or paths are permitted in this buffer.
3. A 30 foot wide vegetated buffer located adjacent to lands now or formerly o
Premium Wine Holdings LLC. _
4. Where the buffers do not provide substantial visual screening, supplemental
plantings must be made to the buffers by planting enough evergreen trees with
sufficient hei hg t to provide adequate screening
5. Plantings that die shall be replaced within three 3 months unless otherwise
agreed upon by the Planning Board or their representative.
6. Removal of noxious, invasive plants and vines is permitted.
C. Picnic Areas as shown on the approved subdivision map.
6
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 Planning 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.
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.
7
I. Vegetation Removal or Disturbance
The removal or disturbance of 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 disturbances 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 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.
8
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 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 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, 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.
9
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,
(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
"Legalpenses") 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.
10
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understandin
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 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 Severability
If any provision of this Easement or the application thereof to any person or circumstance
is found to be invalid, the remainder of the provisions of this Easement and the application of
such provisions to persons or circumstances other than those as to which it is found to be invalid
shall not be affected thereby.
7.04 Notice
All notices required by this Easement must be written. Notices shall be delivered by
hand or express, certified or registered mail, return receipt requested, or by certified mail, with
sufficient prepaid postage affixed and with return receipts requested: Mailed or expressed notice
to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 7.04. Mailed notice to Grantee
shall be addressed to its principal office, recited herein, marked for the attention of the Town
Supervisor, Southold Town Planning Board, and the Town Attorney, or to such other address as
It
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 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.
12
7.11 Entire A egr ement
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.
ACKNOWLEDGED AND ACCEPTED:
55 COX NECK ROAD REALTY, LLC
B �5Y:
Richard Behmoiram , Member(Grantor)
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD rantee)
BY:
Scott Russell (Supervisor)
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS: y
On this p day of�p"01 in the year 20]2 before me, the undersigned, personally
appeared Richard Behmoiram, 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 i strument, the individual(s), or the person upon behalf of which
the individual(s) ed, execut the instrument.
Yary LS sant.croee
Nobry Publiclic$!a!o of Niw York
No.I"SAM1328 8uiblk Cowft
Notary Oirblic CotwMalon f"a""Nov.20,Z0-79
Vox .f LoULISM 5awi-0.c.roc,4=
t 'ol S A (ooS 13 aS
13
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this 2-Uay of �1 L in the year 2017�efore me, the undersigned, personally
appeared Scott Russell, 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.
N tary Pub c MARY L.SILLECK
Notary Public, State of New York
No. 01 S14984608
Qualified in Suffolk Coun
Commission Expires July 2V ,r
i
ff
1
14
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 of
New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Sound Avenue distant 337.53 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
15
SCHEDULE B
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 arc of a curve 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 66.5o 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 191.01 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. of 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.08 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
distances:
1. South 25 deg.45 nun.26 sec.East 375.47 feet,
2. South 33 deg.32 min. 56 sec.East 41.60 feet to the northerly side of Royalton Row;
16
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.32 min.57 sec. West 175.00 feet,
2. On the arc 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 are of a curve to the left having a radius of 188.46 feet along the westerly side
of Royalton Row for a distance of 40.08 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 arc 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 100.00 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 arc 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 arc of a curve to the right having a radius of 100.00 feet for a distance of 64.64 feet,
3. On the arc of a curve to the left having a radius of 235.00 feet for a distance of 903.74 feet,
17
4. On the arc 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 arc of a curve to the right having a radius of 100.00 feet along the easterly side of
Royalton Row 40.42 feet to Lot 9,Subdivision, "Estates at Royalton";
RUNNING thence thong Lot 9,Lot 10&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 800.00 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 are of a curve to the right having a radius of 70.00 feet for a distance of 118.35 feet,
5. On the arc 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 arc of a curve to the right having a radius of 25.00 feet for a distance of 39.27 feet
to the westerly side of Cox Neck Road;
RUNNING thence South 33 deg.32 min 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 13 deg.33 min.46 sec.Fast 400.00 feet to the northerly side of Sound Avenue,and
the point or place of Beginning.
CONTAINING an area of 15.1031 Acres or 653,534 Square Feet.
SUBJECT TO vegetated buffers as shown on Subdivision, "Estates at Royalton".
18