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HomeMy WebLinkAbout20250089 247 Kaydeross Ave East Final Subdivision Conservation Easement CONSERVATION EASEMENT THIS CONSERVATION EASEMENT(the"Easement") is made this—day of , 2025, by and between Frank Scarpinato & Diane Rademacher Scarpinato, having a principal residence of 247 Kaydeross Avenue East, Saratoga Springs,New York 12866 (hereinafter sometimes referred to as the "Grantors") in favor of The City of Saratoga Springs, a municipality located in the State of New York with an address of 474 Broadway, Saratoga Springs,New York 12866 (hereinafter sometimes referred to as the "Grantee"). WITNESSETH: WHEREAS, Grantors are the fee simple owner of a parcel of land situate in the City of Saratoga Springs, County of Saratoga, and the State of New York(the "Property"), which parcel was conveyed to the Grantors by Lester F. Ramsdill, Jr. deed dated December 9, 1994 and recorded in the Saratoga County Clerk's Office on December 14, 1994 as Instrument Number 199502769; and WHEREAS,the property, currently at 13.35 acres, was depicted as Lot#2 on a map entitled Kaydeross Springs Subdivision, Phase 3, Dated October 12, 2000 made by Jason F. Bowman Associates and filed on April 5, 2001 as Map#K282A: and WHEREAS,the property was further subdivided into Three lots by application# of the City of Saratoga Springs Planning Board with a final subdivision plat recorded with the Saratoga County Clerk's Office on , 202 as Instrument No. (hereinafter the "Subdivision Plat"). 1 WHEREAS,the Saratoga Springs Planning Board conditioned approval of the subdivision on the recording of a conservation easement, held by the City of Saratoga Springs, to create a perpetual restriction on the use of land for the purpose of preserving tracts of environmentally significant underdeveloped land on the Property. WHEREAS, Grantors, in furtherance of the subdivision approval condition, desire to grant to the City of Saratoga Springs, its successors or assigns, a conservation easement covering the portions of Areas 1, 2, 3 & 4 as denoted"Conservation Easement on the subdivision map in the City of Saratoga Springs". NOW THEREFORE, in consideration of the mutual covenants herein contained, and in consideration of One Dollar($1.00) and other good and valuable consideration paid, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. Grant of Easement: Grantors hereby grant and convey to Grantee a conservation easement over property shown on the subdivided map entitled Kaydeross Springs Conservation Subdivision dated July 24,2024 prepared by Thompson Fleming Land Surveyors,P.C. and recorded in the Saratoga County Clerk's Office on , 202_as Instrument# as"Conservation Easement" (hereinafter referred to as"Conservation Area"). 2. Ownership: Grantors warrant and represent that they are the owners of the Property,and that they have full authority to grant this Easement. 3. Benefits and Burdens: The benefit of this Easement shall run with the land and insure to the benefit of the heirs, successors, assigns, invitees,tenants, employees,and personal representatives of the Grantee.The burden of this easement shall run with the land and be binding upon the heirs, successors, assigns, invitees, employees, and personal representatives of the Grantors. 4. Purpose: It is the purpose of this Easement to protect and preserve in perpetuity important natural, scenic, ecological, environmental, and passive recreational resources of the Conservation Area;to 2 maintain and conserve its wetlands and riparian areas,natural areas,and habitats; and to prevent any use of the property that will impair or interfere with the conservation values of the Conservation Area (hereinafter the"Purpose"). 5. Grantors and Grantee Remedies:All successive owners of a portion of the Conservation Area shall be considered Grantors entitled to enforce the terms of this easement on the entirety of the Conservation Area. In the event that Grantors or Grantee becomes aware of a violation of the terms of this Easement,notice shall be given to the property owner in a violation(hereinafter the"Violator"), at the Violator's last known post office address,of such violation via certified mail,return receipt requested,with a request for corrective action sufficient to abate such violation and restore the Conservation Area to its previous condition. Failure by the Violator to cause discontinuance, abatement or other corrective action within thirty(30)days after receipt of such notice shall entitle Grantors and or Grantee to bring an action at law or equity in a court of competent jurisdiction to enforce the terms of this Easement; to require the restoration of the Conservation Area to its previous condition; to enjoin such non-compliance by ex parte temporary injunction in a court of competent jurisdiction; and/or to recover damages arising from such non-compliances.If such court determines that the Violator has failed to comply with this Easement,Violator shall reimburse Grantors and/or Grantee for any reasonable costs of enforcement, including costs of restoration, court costs, and reasonable attorneys'fees, in addition to any other payments ordered by such court.All remedies hereunder shall be in addition to any and all remedies at law or in equity.Any forbearance,delay or omission to exercise rights under this instrument in the event of a breach of any term of this instrument shall not be deemed to be a waiver of such term or of any of the rights under this instrument. 6. Emergency Enforcement: If Grantee,in its sole discretion,determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Conservation Area, Grantee may pursue its remedies without prior notice to Violator or to any other party without waiting for the period for cure to expire. 7. Right of Entry: Grantee shall have the right to enter the property at all reasonable times with prior notice for the purpose of(i)inspection the Property to determine if the Grantors are complying with the covenants,restrictions,and Purpose of this Easement, (ii)monitoring status,condition,location or wetlands and natural resources.*(iii) enforcing the terms of this Easement and(iv)taking any and all 3 *It is important for the Grantee to access the conservation area on a periodic basis to better understand how the natural ecosystem is influenced by the impacts of climate change over the long term. actions with respect to the Property as may be necessary or appropriate, with or without order of court, to remedy or abate violations thereof. 8. Use Restrictions: As a conservation easement the following use restrictions shall apply to the Conservation Area: a. No principal or accessory structures are to be permitted. b. Pedestrian access only(no bikes,motorized vehicles, etc.) c. No fires,camping,hunting or firearm use. d. No soil disturbances except those caused by the permitted uses of 9(b). e. No cutting,removing or otherwise destroying vegetation or mature trees over 6 inches(6") except as provided for in sections 9, 10(b), and 10(c)below. f. No dumping of debris. 9. Permitted Uses: The following uses are permitted in the Conservation Area: a. Private passive recreational use. b. Underground septic systems,leach fields and above ground stormwater management facilities including the construction and maintenance thereof. c. Area four(4)will continue to be actively farmed by Grantors and/or their assigns. 10. Management Plan: The following Management Plan shall apply: a. Forestry activities on this site shall require an amended subdivision approval from the City of Saratoga Springs Planning Board and be in accordance with all state and federal requirements. b. Cutting,removing,or otherwise destroying vegetation or mature trees is permitted only for purposes of the removal of vegetation that is dead, diseased, or otherwise creating unsafe conditions as determined by the City Arborist, and for driveways and utilities clearance. 4 11. Legal Construction Easement: the rule of strict construction does not apply to the Easement.The Easement shall be given a reasonable construction, so that the intention of the parties is carried out, subject to the reservations and obligations set forth herein. 12. Reserved Rights of Grantors: Grantors hereby reserve unto itself, its successors, and assigns, all rights and privileges in and to the Property which are not incompatible with the restrictions,rights, covenants, and easements granted herein. 13. Grantee Obligations:Nothing in this Easement shall be constructed to create any obligations on the part of the city of Saratoga Springs,nor to reduce any obligations otherwise possessed by the City of Saratoga Springs. 14. Subsequent Transfers: The Grantors agree that any subsequent conveyance, including,without limitation, transfer,lease or mortgage of the Property, shall be subject to this Easement and its terms, conditions, and restrictions and Purpose.Any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease,mortgage, easement etc.{ is subject to a conservation Easement which runs with the land and which was granted to the City of Saratoga Springs by instrument dated , 202 and recorded in the office of the Clerk of Saratoga County as Instrument Number ". Grantors shall notify Grantee in writing at least thirty(30) days before conveying the Conservation Area, or any part thereof or interest therein,to any party. The failure to notify Grantee or to include said language in any deed or instrument shall not,however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 15. Certain Rights not Limited to Easement: The rights incurred under this easement are in addition to all right possessed by the City of Saratoga Springs through the powers granted to them to i.) enforce local laws and ordinances pertaining to the development of the parcels referred to in the Subdivision Plat,and ii.) enforce all conditions,limitations,restrictions and requirements imposed upon the Grantors Pursuant to the subdivision approval of the City of Saratoga Springs Planning Board as the foregoing are set forth on the Subdivision Plat. 16. Notices:All notices shall be in writing and be sent by certified mail,return receipt requested, addressed to the appropriate party or successor-in-interest. 5 17. Merger: The Grantors and Grantee agree that the terms of this Easement shall survive any merger of the fee and easement interest in the Property. 18. Modifications: This Easement may be amended, altered,released or revoked only by written agreement between the parties hereto or their heirs, assigns or successors-in-interest,which shall be filed in the public records in Saratoga County,New York. 19. Successors and Assigns:As used herein the term"Grantors" shall include any and all heirs, successors or assigns of the Grantors including all subsequent owners of the"Property";the term "Grantee" shall include any successor or assignee of Grantee.Any use of the terms"Grantors"or "Grantee" shall also mean the masculine, feminine,corporate, singular or plural form of the word as needed in the context of its use. IN WITNESS WHEREOF, Grantors and Grantee have executed this instrument on the day first written above. GRANTORS GRANTEE THE CITY OF SARATOGA SPRINGS FRANK SCARPINATO By: DIANE RADEMACHER SCARPINATO 6 STATE OF NEW YORK : :SS.: COUNTY OF SARATOGA: On the day of 2025 before me,a Notary Public in and for the said State,personally appeared Frank Scarpinato&Diane Rademacher Scarpinato 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 on behalf of which the individual acted,executed the instrument. Notary Public STATE OF NEW YORK :SS: COUNY OF SARATOGA : On the day of 202 before me, a Notary Public in and for the said State,personally appeared ,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 on behalf of which the individual acted, executed the instrument. Notary Public RECORD&RETURN: 7