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HomeMy WebLinkAboutMcBride ', - , - - _-• =- - �►: - ,. ,,: _ _ ; - y,�1�00�0=83=2=f1�62�.- - .- ' , ti... 1 ' •' '.^••�-.b, ' '" :• i,rte'' �`' • „ iy:• (Vk/,pait'6f 1000-83-2=1:6) `"' ' • BAseli' e`Documerita'tion `Prem'ises. ` _10=725,,'.Ore . `n Road' g, ..r ; t.t'' _� r-•1 - Imo` ` ,._'Y•'] ' -- " - [-: `Cutclo ue New'York:l - - 'fit„', r _ - „- - .. - - f'.J , - - _ iC•” , ,23•:755=acres D"evelo men _R ' hts= Easement:. = _ LCHARD :rJAMES 1VIcBRIDE and ' .;JAMES; MICHAEL'McBRIDE '„ ', = r TOWN, OF� SOUTHOLD Easement.=dated:;December`'18 = 20;1�•- ,.'1Recorded 'Januar 9;; 2019 _ Suffolk`Coun,ty Clerk'_'_,L'iber D00012996;-Page ;068= . SCTM #: 1000-83.-2-16.2 (f/k/a part of 1000-83.-2-16) Premises: 10725 Oregon Road Hamlet: Cutchogue Purchase Price: $ 196039462.50 (23.755 acres @ $67,500/buildable acre) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: . 29.862 acres Development Rights: 23.755 easement acres Reserve Area: 6.107 acres Zoned: A-C (Agricultural-Conservation) Existing Improvements: In August 2018 - Farmland, no improvements within easement area A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 23, 2018 at 7:00 p.m. Town Hall Annex—Land Preservation Department Members Present: Sam McCullough, Chairman (left 8:46 p.m.) Anne Murray Will Lee John Simicich Doris McGreevy Lillian Ball Members Absent: Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Jim King, former Town Trustee & property owner in vicinity of Krupski Family, LLC property Commencement: • The meeting began at 7:00 p.m with six LPC members present. Land Preservation Applications and Inquiries: EXCERPT FROM ADOPTED 1/23/2018 LPC MEETING MINUTES • SCTM #1000-83.-2-16 (RICHARD McBRIDE and JAMES McBRIDE) PDR Application: Review Land Preservation Coordinator Melissa Spiro presented background information on property, her meeting on January 17, 2018 with the property owners, Richard and James McBride, and LPC Chairman Sam McCullough as well as her site visit to the property on January 19, 2018 attended by LPC members Anne Murray and Doris McGreevy: Landowners have proposed reserving a 6.5± acre area around the existing residential house, barns, and agricultural structures leaving approximately 24 5 acres offered to the Town as a farmland preservation development rights easement. Melissa worked on several optional concept plans for size/shape of the reserved area that were reviewed by LPC. MOTION made by Doris McGreevy, seconded by Anne Murray, to direct Land Preservation Coordinator Melissa Spiro, with the approval of the Town Board, to commission an appraisal for the purchase of a development rights easement on the McBride Property (SCTM #1000-83 -2-16) using two scenario options- (a) a 6 5± acres reserved area and, (b) a 4 5± acres reserved area A restriction will be placed on the property allowing the landowner, or future landowner, to apply to subdivide the excluded area, and to subdivide it from the farm area; however, the restriction shall ensure that at least one development area with a minimum area of 80,000 sq ft shall remain linked to the area subject to the development rights easement area. Appraiser to be instructed to value the "after" value with two different approaches pertaining to agricultural structures and to present values with no additional lot coverage restrictions, and with lot coverage restrictions limited to 10 and 2 percent. Appraiser to be informed that property has a winter water view. Motion carried, 6/0 APPRAISAL REPORT of 10725 Oregon Road Cutchogue,Town of Southold, New York 11935 a/k/a District 1000 Section 83 Block 2 Lot 16 DATE OF VALUATION March 19, 2018 PREPARED FOR Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 INTRODUCTION 14 SITE DESCRIPTION Location: The subject property is located on the northwesterly side of Oregon Road approximately 970 feet northeast of Duck Pond Road, in the hamlet of Cutchogue, New York. Size and Shape: The parcel is generally regular in shape having approximately 420 feet of non-contiguous frontage along Oregon Road. The outparcel is identified as Lot 15 and is also owned by Mr. McBride. See aerial below. The parcel is comprised of approximately 31± acres of land area. Soil Condition and Topography: Topographically, the site is level and currently utilized for farming. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: No other easements or encroachments were uncovered. Utilities: Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the PSEG. Ingress and Egress: Access to the subject property is via Oregon Road. Flood Zone: The subject property does not appears to be within 500-ft of a flood hazard. The subject property lies in the X-flood zone is an area that is determined to be outside the 1% and 0.2% annual chance floodplains according to the flood map#36103CO142H dated 09/25/09. Improvements: The site is improved with a one and a half story farmhouse dwelling containing approximately 1,536 square feet of gross living area. In addition, there are a total of five (5) agricultural structures having an aggregate area of approximately 20,000 square feet. These structures are utilized in conjunction with the active farm. ��• `� } . 255'frontage Vlk ® 165'® frontage g Aerial view the subject property depicting road frontage BRUNSWICK APPRAISAL CORP. INTRODUCTION 15 SUBJECT PROPERTY PHOTOGRAPHS �..,�r `- •,ti,.iii ,�• ii` Facing north at the subject property from Oregon Road on the northeasterly side of Lot 15 R � r to c Facing north at the subject property from Oregon Road on the southwesterly side of Lot 15 Depicting the single-family dwelling BRUNSWICK APPRAISAL CORP. INTRODUCTION 16 PROPERTYSUBJECT PHOTOGRAPHS Vic•; Facing northwon • property Seasonal IiA INTRODUCTION PROPERTYSUBJECT . , . southFacing • subjectproperty �� � ` ' � � . . l'.Lam/r.+r+" t.7• 1. � '__ ,r`r `�j Facing lf'I_.V -ti: t � 1 - I i 4 '� j yA-1 •-•I��J ---Yx _ •r .,� ��?��'�f� '"''.��� :•�:� -."fid � M�� �` �+, �' ,- ` south • buildings subjectmar low Facing west at the property E N V I R O N M E N T A L S U M M A R Y PHASE I E ® NTA]L SITE ASSESSMENT for the property located at: 10725 Oregon Road Cutchogue, New York SCTM #'1000-83.-2- 16 Owner: Richard Dames McBride &James Michael McBride prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54375 State Route 25 Mattituck, NY 11971-0959 prepared by: Cashin Tec lca ervices, Inc. Engineering -PI 1ni C n -uction Management 1200 Veterans Memorial High ay, upp ge, w York 11788 - (631) 348-7600 S EPTENM ER 25, 2018 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 10725 OREGON ROAD CUTCHOGUE, NEW YORK SCTM#1000-83.-2-9 EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) for the Town of Southold conducted by Cashin Technical Services, Inc. (CTS) for the subject property located at 10725 Oregon Road, Cutchogue, NY. The subject property is an approximately 24.5 acre portion of a 31 acre farm parcel. The proposed easement area is currently comprised of active and fallow farmland and a small wooded portion along its north end. No structures are, present on the easement area. Several barns and out-buildings are situated on the southern portion of the property outside of the easement area, and therefore they were not subject to inspection for this Phase I per direction from the Town. For the purposes of this assessment, the subject property is considered the 24.5 acre parcel considered for the development rights easement. The field inspection was conducted on September 17, 2018 by an Environmental Professional from CTS. CTS accessed the parcel from Oregon Road and unpaved roads that extended along each side of the property. Site access was arranged through the property owner, Mr. Richard McBride. Based on the review of the available historical data for the past 66 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. According to the owner, the subject property has been in his family's ownership since approximately the mid Cash in Technical Services, Inc. 1800's, has always been used for agricultural purposes, and does not have any structures or buildings. The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concern regarding potential contaminant migration and impacts to subject property conditions. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issues were found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs) None identified. Cashin Technical Services, Inc. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Fill Material A substantial amount of fill material has been brought onto the subject property and placed on the steep slope of the swale at the north end of the property. The property owner reported that he placed clean fill material to help stabilize the slope and reduce erosion. The fill material appears to be primarily dredged material, with smaller amounts of soil with mixed construction debris. Confirmation should be provided to confirm that the fill material is free of contamination or derived from an authorized and accountable supplier. Cash in Technical Services, 'Inc. �i��r��. moo►. <<, , Photograph#10-Goose hunting blind - •z _tel in central portion of site. Photograph#11-East portion of subject property. Photograph#12-Subject property facing north to south. Photograph#13—Northern portion of property with swale and woodlands along boundary. Photograph#14-Northern portion of site, facing swale and wooded area along south boundary. Photograph#15-Northeast portion of site facing adjacent property used as a nursery for shrubs. Photograph #16—Piles of fill material � � along top edge of swale, at north end of property. F�F .1 J Photograph#17—Fill material along side of swale, facing northwest. at t Photograph #18—View of side slope looking down into swale, showing fill of dredged material. r�r OF Photograph#19- Bags of old corn along edge of swale and fill materials. oyf xx r; I Photograph#20—Close-up view of lj ��' ''• '> �' piles of fill along top of swale, showing �rq�! X; brick, pipe and other debris. M1 -49 'I$,'�!'����AA�e�,,°ii �^'��'j�.• "�' ' I � ;bs'�4.orf`' ... .,r* •r ; . v Y,, ef. 1 r Photograph#21 —Close-up view of piles of fill along top of swale, showing brick and other debris. Al r v . y Photograph#22—Close-up view r" of fill materials, containing sea shells indicative of dredged material. F u. 3. Photograph#23—Northwest t F� boundary of subject property, swale area contains possible fill material covered by vegetation. Photograph#24—Adjacent farm property to the east. w Photograph#25—Agricultural lands to west of subject property, with residences n background. In �B Photograph #26—South portion of site (not included in easement) has various aboveground tanks for fuel storage. Photograph#27—Residential t — property adjacent to property on southwest. P U B L t C H E A R I N G RESOLUTION 2018-788 ADOPTED DOC ID: 14435 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION,NO. 2018-788 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 28,2018: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 11, 2018, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Richard James McBride and James Michael McBride. Said property is identified as part of SCTM #1000-83.-2-16. The address is 10725 Oregon Road in Cutchogue. The property is located in the Agricultural-Conservation (A- C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 feet west of Cox's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 24.5± acres (subject to survey) of the 31±acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. -The purchase price is $67,500 (sixty-seven thousand five hundred dollars) per buildable acre,'estimated at $1,653,750.00 (one million six hundred fifty- three thousand seven hundred fifty dollars) for the 24.5± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 11, 2018, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinIz for the purchase of a development rights easement on property owned by Richard James McBride and James Michael McBride. Said property is identified as part of SCTM #1000-83.- 2-16. The address is 10725 Oregon Road in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 feet west of Cox's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 24.5± acres (subject to survey) of the 31± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. The purchase price is $67,500 (sixty-seven thousand five hundred dollars) per buildable acre, estimated at $1,653,750.00 (one million six hundred fifty- three thousand seven hundred fifty dollars) for the 24.5± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: August 28, 2018 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on September 6, 2018 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website SOUTHOLD TOWN BOARD PUBLIC HEARING September 11, 2018 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 4:42 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, September 11, 2018, at 4:31 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Richard James McBride and James Michael McBride. Said property is identified as part of SCTM #1000-83.-2-16. The address is 10725 Oregon Road in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 feet west of Cox's Lane in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 24.5± acres (subject to survey) of the 31± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. The purchase price is $67,500 (sixty-seven thousand five hundred dollars) per buildable acre, estimated at $1,653,750.00 (one million six hundred fifty- three thousand seven hundred fifty dollars) for the 24.5± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. McBride Development Rights Easement September 11, 2018 page 2 I have here a signed affidavit that this has been noticed on the Town Clerk's bulletin board and on the town's website. Also it has been noticed in the Suffolk Times. I have a memorandum from the Local Waterfront Revitalization Program stating that this has been issued a negative declaration from SEQRA and that's it. SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this particular public hearing? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. Hi, good afternoon. I won't repeat all the information but I would just like to point out about the farm, the farm is shown in red on the map in front. The excluded areas shown by the white broken line. The Land Preservation Committee makes recommendations to the Town Board regarding agricultural property for preservation. Once the landowners decided to offer this easement area shown on the map, the committee had no hesitation in recommending preservation of this particular farm. The farm includes over 95% prime agricultural soils, it expands an existing block of 100 acres directly to the east of other preserved farmland, active farmland. The white labels on the map are indicating other properties that are preserved through the county or town agricultural preservation programs. And within one mile of this farm, there are over 20 protected farms totaling over 400 acres, so it is a really important piece to expand that preserved block. The McBride's and I have talked on and off about preserving their farmland for many years and I would really like to express my thanks to the McBride family members for allowing the town to work with them to preserve their farm. Preservation of this farm is supported by the Land Preservation Committee and it is recommended that the Town Board proceed with this important project. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this public hearing? (No response) This hearing was closed at 4:46. Elizabeth A. Neville Southold Town Clerk S E R A P - U ` R H A S E R E S O L U T I O N ts0s°"ar`°°s RESOLUTION 2018-818 b 'yM°Qag ADOPTED DOC ID: 14445 r THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2018-818 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 11,2018: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Richard James McBride and James Michael McBride on the 11th day of September, 2018, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-83.-2-16. The address is 10725 Oregon Road in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 west of Cox's Lane in Cutchogue,New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 24.5± acres (subject to survey) of the 31± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $67,500 (sixty-seven thousand five hundred dollars) per buildable acre, estimated at $1,653,750 (one million six hundred fifty-three thousand seven hundred fifty dollars) for the 24.5± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, Resolution 2018-818 Board Meeting of September 11, 2018 WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules,and Regulations;.6NY.CRR 617.1 et. Seq.; and, WHEREAS,the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now,therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the `Town of Southold hereby elects' to purchase a development rights easement on agricultural land owned by Richard James McBride and James Michael McBride, identified as part of SCTM #1000-83.-2-16. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville ' Southold.Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell RECUSED: William P. Ruland Updated: 9/11/2018 3:15 PM by Lynda Rudder Page 2 M1 OFFICE LOCATION: ��0� SOUjyO MAILING ADDRESS: Town Hall Annex �O l0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 �or Main Rd. &Youngs Ave) S � � �O Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 l'OUN11,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM �LJ'�'�U SEP - 5 2018 To: Town of Southold Town Board DENT.OF LAND From: Mark Terry, Assistant Town Planning Director PE T. vi4 Date: September 5, 2018 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Richard James McBride and James Michael McBride. SCTM #1000-83.-2-16 Location: 10725 Oregon Road in Cutchogue The Town of Southold is considering the acquisition of development rights on part of a property consisting of approximately of 24.5±acres (subject to survey) of the 31±acre parcel.The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 feet west of Cox's Lane in Cutchogue, New York. The action have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Attach: Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part I -Project Information Instructions for Completing Part I-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part I-•PProject.and Sponsor Information `����4�•�,3'• fAc.�f tc<< 4- 1[7�tx� ` U �S t d� �tv,�� C�+P tf'P E`s N� •• �q �� C� i C`� Name of Action or Project: c3`, ;�> C Project Location(describe,and attach a location map): /Poo - $3 -z - 1t Brief Description of Proposed Action: own 1)fckf,e or + dfJe(ogMent r15K's egs��rn�r an A'S± 'qcfr s o-r 31+ ade ?grnek . Name of Applicant or Sponsor: Telephone: 16 E-Mail: 7 Address: O City/PO: State: Zip Code: vt, N•` 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3.a.Total acreage of the site of the proposed action? 2 Y.5 acres b.Total acreage to be physically disturbed? (2 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4_ Check all land uses that occur on,adjoining and near the proposed action. E]Urban lural (non-agriculture) [O/Industrial ❑Commercial Residential (suburban) ❑Forest Agriculture El Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 i r 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ 10 ❑ b.Consistent with the adopted comprehensive plan? ❑ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ Z 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: P/] ❑ 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? F4 ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Vf ❑ A14 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: /'f ' ❑ �P 11.Will the proposed action connect to existing wastewater utilities? f NOYES [/A I If No,describe method for providing wastewater treatment: ✓)S ❑ N� 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑ b.Is the proposed action located in an archeological sensitive area? ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur,961 or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest MI Agricultural/grasslands ❑Early mid-successional ❑ Wetland El Urban F-1 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑ a.Will storm waterdischarges flow to adjacent properties? ❑NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ONO ❑YES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: F 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? F]If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicanf/sponsorname: %S ��� � {� Date: 8IZQ b\ Signature: PRINT FORM Page 3 of 3 Agency Use Only [If applicable] Project Date: Short Environmental Assessment Form Part 2 -Impact assessment Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 1:1regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? Nf ❑ 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the ❑ establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or n( ❑ affect existing infrastructure for mass transit,biking or walkway? �[ 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate ❑ reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, [ ❑ architectural or aesthetic resources? 1 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, ❑ waterbodies,groundwater,air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage ❑ problems? 11. Will the proposed action create a hazard to environmental resources or human health? PRINT FORM Page 1 oft Agency Use Only[If applicable] Project: Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, Wn�,�l t the proposed action may result in one or more potentially large or significant adverse impacts and an ironmental impact statement is required. eck this box if you have determined,based on the information and analysis above,and any supporting documentation, at the proposed action will not result in any significant adverse environmental impacts. •)✓� �Jo wr� Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Of er Signature of Responsible Officer in Lead Agency Signature of Prep er(if different fr R onsible Officer) ,,z PRINT FORM Paget oft OFFICE LOCATION: so yOlO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 _cor. Main Rd. &Youngs Ave.) ® 0 Telephone: 631765-1938 Southold, NY 11971 Q Fax: 631 765-3136 Court LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM SEP - 52018 To: Town of Southold Town Board oEPr.of parvo From: Mark Terry, LWRP Coordinator ------�---�- Date: September 5, 2018 Re: Proposed Purchase of a Development Rights Easement on Property Owned by Richard James McBride and James Michael McBride. SCTM #1000-83.-2-16 Location: 10725 Oregon Road in Cutchogue The Town of Southold is considering the acquisition of development rights on part of a property consisting of approximately of 24.5±acres (subject to survey) of the 31±acre parcel. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1200 feet west of Cox's Lane in Cutchogue, New York The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy,Town Attorney Melissa Spiro, Land Preservation Coordinator c L 0 s I N G S T A T E M E N T CLOSING STATEMENT RICHARD JAMES McBRIDE and JAMES MICHAEL McBRIDE to TOWN OF SOUTHOLD part of SCTM #1000-83.-2-16 Total Development Rights Easement— 23.755 acres Total Parcel Acreage — 29.862 acres Reserve Area — 6.107 acres Premises: 10725 Oregon Road, Cutchogue Closing took place on Tuesday, December 18, 2018 at 1:30 p.m., Southold Town Hall Annex --------------------------------------------------------------------------------------------------------------- Purchase Price of $ 1,603,462.50 (based upon 23.755 buildable acres @ $67,500 per buildable acre) disbursed as follows: Payable to Lark & Folts, As Attorneys $ 1,603,462.50 Check #137945 (12/18/2018) Expenses of Closing: Appraisals Payable to Brunswick Appraisal Corp. $ 2,500.00 Check #135708 (5/8/2018) Payable to Given Associates $ 1,700.00 Check (12/2002) Survey Payable to Nathan Taft Corwin Surveyor $ 1,500.00 Check #137954 (12/18/2018) i Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,100.00 Check #137168 (10/9/2018) Title Report #7122641 Payable to Stewart Title Insurance $ 7,593.00 Check #137995 (12/18/2018) Title insurance policy $ 6718 Recording easement $ 410 Recording C&R's $ 315 Certified copies 150 $ 7593 Title Closer Attendance Fee Payable to Tara Ryan $ 150.00 Check #137978 (12/18/2018) Those present at Closing: Lisa Clare Kombrink, Esq. Attorney for Town of Southold Richard F. Lark, Esq. Attorney for Seller Richard James McBride Seller James Michael McBride Seller Tara Ryan Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Adm Asst TOWN OF SO UTHOLD >' VENDOR 011792 LARK & FOLTS 12/18/2018 CHECK 137945 't F ax; FUND & ACCOUNT P.O.# INVOICE DESCRIPTION ,,AMOUNT CM .8660.2.600.100 121818 MCBRIDE-23.755A DEV RG 1, 603,462.50 TOTAL 1, 603,462.50 ;! fy � I � i if' moi+ $,;,t',4t�a '•'.", I '� A I 4Wol q, All Al _ I _ - I 1P I :'.s4? ® - a ® e - ® o o o a •t n . 'n 0 4sat I Yµ ; TOWN OF SOUTHOLD AUDIT_ 12/18/18 53095,MAIN ROAD;PO BOX 117-9 SOUTHOLD,;NY;1971-0959 ,� CHECK 'NO. ,137945 THE SUFFOLK CO.NATIONAL BANK a--, CUTCHOGUE,NY 11935 DATE AMOUNT 4.4 6D•54412T4 1.2/X,8/201;8 $1;_5Q3;';-46'2.50 ',CiNS klLI,zON, STX' HUNDRED THRE'E THOUSAND FOUR-HUNDRND SIXTY-•Tw6-'AND DOLLARS ,r PAY LARK & FOLTS ! ' sS; PO THE P.S.1.TTORNEYS. +}.i . ORDER -PO;'box 973 'y CZJTCHOGUE NY 11935 1 , 'in 13794511' 1:0 2 140 54641: 63 000004 0I'm BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.BOX 674 ROCKVILLE CENTRE,NEW YORK 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 e-mail: elinor@brunswickappraisal.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 April 17, 2018 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A.Spiro, Land Preservation Coordinator RE: McBride Property 1000-83-2-16 10725 Oregon Road, Mattituck, New York 11935 INVOICE-1000-35 Appraisal Report $2,500 Thank You t APR 232018 QEi7T.sof ii11l'Jii FGIVrEN A S S O C I A T E S PATRICK A. GIVEN, SRPA (631) 360-3474 box 5305 • 550 route 111 • hauppauge, n.y. 11788-0306 FAX 360-3622 November`20, 2002 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Richard and James McBride, S.C.T.M. #1000-83-2-16 Located North side of Oregon Road, Cutchogue, NY File# 2002305 $1,700.00 D E C E V DEPT OF LAND real estate appraisers and consultants PRESERVATION TOWN OF SOUTHOLD I .I , VENDOR 005409 ELINOR BRUNSWICK, MAI 05/08/2018 CHECK 135708 ti A I }; FUND & ACCOUNT P.O.#k INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 31883 1000-35 APPRAISAL-MCBRIDE PRPRTY`• 2,500.00 i i� TOTAL 2,500.00 r a Apv Af •..i I �p $'',.p Vit-`•�� .� i_�,<'� �� �iu."m. �• I��� Al jor ! I :m-:mud' p'•y.t+�y,1,-_•-- a: ` `''T�`f t Y � .. a1,' I y,�y+Ky7 +-�'�,�� � :i��'.u��o-±"� •¢ay �kl....>%r �r � I s`S i I :A' rt., I ICs, - ______ ___ ___ __ __ _ :if I � j.tifl L_Wyk �yY I - - � o.p - -- --- -•--- - - o E m- o----- - - - o--W. TOWN, OF -T ', AUDI WN T:05/.OS%T8 :5095 14 ROAD.Pb BOX 1179 „• ; 'SOUTHOLD,NY;1-197•1-0959•= •` " - - - CHECK,•No,. ,:1'3.570.8. at't THE SUFFOLK,CO,NATIONAL AMOUNT',. " ' s ! I ; CUTCHOGUE,NY 1.1935; +. DAA �' _ 1t '-05f, iv 08,'/2`Ol'B,.. :'$Y2;;'50'0:0'0•, tbITWO ' 'iHb& RED'' ND 0010 :THQiSAND. FIVEDIzP,RS; ' i i PAY• ELINORc'BRUNSVIICK, MAI. ?i I TO THE 'BRUNSWICK APPRAYSAL,,.CORP, ORDER_ PO BOX-=674 r w�4k �ROCKVILLE CENTRE}NY 11571 13570811 i.0 2 140 5464 . 63 000004 0V ,.1 C=� I NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice P.O. BOX 16 Iamesport,New York 11947 Date Invoke# Office Location: 1586 Main Road,Jamesport NY 12/11/2018 9951 Phone#631-727-2090 Fax# 631-727-1727 Bill To Town of Southold Department of Land Preservation P.O.Box 1179 Southold,New York 11971 Att:Melanie Doroski Job# Client: Terms S.C.Tax Lot No. 38-178 McBride 30 DAYS 1000-83-02-16 Description Amount Survey(Development rights easement)24.5 acres 1,500.00 t D EC 14 2018 DEPT.OF LAND PRESCRV MON Total $1,500.00 Payments/Credits $0.00 A service charge of 2%per month will be charged on balances 90 days past due Balance Due ' $1,500.00 TOWN OF SOUTHOLD I , VENDOR 013975 NATHAN T CORWIN III 12/18/2018 CHECK 137954 s FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I - CM .8660.2.600.100 38-178 MURT4W PROP SURVEY-24 AC 1,500.00 i `$ TOTAL 1,500.00 ' i Emit A 14 � i f f•'-�Yty v J �•4' �,i j, ��J Y y _ 4Y� :f arFu . j 6 P 1x ;'ii is I Y . ¢x F I sy zl� fti t'• M'i. t y r } "4 I HY-- h ' OUTHOLD TOWN OF S I - - 2-/1 . - ' 53095 MAI JJ ROAD,PO BOAC 1179 AUDIT8/1$ • SOUTHOLD,NY'11971.0959 CHECK NO: '137954 ; f; r ; t' -THE SUFFOLK CO.NATIONAL BANK R+{ CUTCHOGUE,NY 11935 DATE AMOUNT 12/18/2018,, 50-546)21+1 - 3 -t ONE THO SAM FIVE HUNDRED AND 0 0/10 0"DOLLARS` PAY NATHAN T CORWIN III TO THE 'LAND,-SURVEYOR INC.- R ORDER JAMESPORT NY 11947 x`s ii' L3795L,114 1:0 2 1 ,051, 61,1: 63 000004 Oil® \l; ' � cashin Technical Servides, Inc. 1200 Veterans Memorial Hwy . Hauppauge . NY .'11788 631.348.7600 phone / 631.348.7601 fax Melanie'Doroski Town of Southold Town Hall Annex PO Box 1179- September 24,2018 - - Prosect No: 18CTS.002 Southold, NY 11971-0959 Invoice No: 918001C Phase l Environmental Site Assessment for property located at 10725 Oregon Road,Cutchogue, NY SCTM#1000783.-2-16 Professional Services from September 12 2018 to September 24.2018 Fee Total Fee 1,100.00 Total Earned 1,100.00 Previous Fee Billing 0.00 Current Fee Billing 1,100.00 Total Fee 1,100.00 Total this Invoice $1,100.00 RECENIED SEP 2 8 2018 DEPT.OF LARD PRESERWATION _TT _ .. >...:W ' • yrs=t' __ -� - 1 , TOWN OF SOUTHOLD VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 10/09/2018 CHECK 137168 FUND & ACCOUNT P.O.# INVOICE / DESCRIPTION AMOUNT i CM .8660.2.600,100 31894 918001C PHASE 1 ESA-MCBRIDE PROP 1, 100.00 TOTAL 1,100.00 j^ I i f � � I �� •,V-• 5�,-fit .... s y A r 41t*-� t�, i �..n :`-1w,;=:moi, tkLr•` ` ' � -a��Vi_; ,r.,- r , t,� i t -- "J;I'- 'li.,+,-r''I�J1:1, ..,,:-`_�'rai'.. = :;t• J �t a I - i1 +•tt f ' I I I' _ I,r I :•\,-; I ,_, o t o o o e a 6 0 O e , 1 9 ' TOWN OF.SOU-THOLD AUDIT•.i0/09%18 ' i 53095 MAIN ROAD,PO BOX 1179• r I SOUTHOLD,NY 11971-0959•` .CHECK NU-. 1,371'68 + •i THE SUFFOLK CO.•NATI'ONAL BANK +' CUTCHOGUE,NY 11935 DATE., AMOUNT 10'/09/2'01 8`.•.,r' ,-1'`10.0•.00• + } ` = 6D•546y214 •_ i... , ,:ONE;:THOUSAND ON's,, HUNDRED''W"00/10'0 DQZ;LAR'S "+ f =�, I PAY CA-SHIN TECHNICAL SERVICES, INC\ o� y� TO THE _1 �„ x ,. _ „• 1:2'00,_VE,`I•'�ERANS-M MOI IAL. HIGHWAY v ' ORDER' HAUPPAUGE NY; 1Z-78°8` - , p41 � of pl• ao °� ii' 137L68ii' l:02L40546li0: 63' 00000L, 0110 i l.f } TOWN OF SO UTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 12/18/2018 CHECK 137995 +"c FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT in I I ' CM .8660.2.600.100 712264101 MCBRIDE-TITLE INS POLICY 6, 718.00 ;^ CM . 8660,.2.600.100 712264101 MCBRIDE-RECRDNG EASEMENT 470.00 :rt CM .8660L2.600.100 712264101 MCBRIDE-RECORDING C&RIS 315.00 CM .8660.2.600.100 712264101 MCBRIDE-CERTIFIED COPIES 150.00 TOTAL 7,593.00 \ }' Vz Al -0 7 _Z1011 ok r TOWN OFSOUTHOLD AUDIT •1+2/x$/1,8-- yt I 53095MAIN'ROAD,F'0 flOX 1179 -SOUTH OLO;NY-11971-0959' i , CHECK;NO. ,1;37'99'5 ; x�l THE SUFFOLK CO.NATidNAL BANK 'g] r z! CUTCHOGUE,NY11935 �/�� AMOUNT 3`f tza12J18/2018, Zt593.b-n �i!'•I `'` '_ 50-5 4 r; ;.. ECIF�N;'T$OUSAND FIVE HUNDREp'-NINETY T TFt E=AND:0 0,/1D A 661,s r i y ' ' UFFOL PAY STEWART TITLE, INSURANCE CO. 7C? -1 ,1-tn,,ESTCH'ESTER_'AVZ,• SUITE'-3 Q2 n°Gr ,WHITE PLAINS; NY_ 10604 ,� v a° 1 _g ii' 137995un 1:0 2 140 5464,1: 63 000004 Oi�' st`l wa " titic� Title No.1 7122641 Real perfners. Real pos fbPlltlea.m Invoice No. 712264101 Invoice Date 12/12/2018 11:39 AM CLOSING / ' / Title Closer Tara Ryan Applicant Melanie Doroski Closing Date/Time 12/18/2018 1.30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation Annex-54375 Route 25,Southold, Seller Attorney Richard F.Lark,Esq. NY 11971 Transaction Type Easement with Insurance Sale Amount $1,603,462.50 Loan Amount $0.00 REFERENCE 1 . 1 Property Address 10725 Oregon Road,City of Cutchogue,State of NY,District 1000,Section 083.00,Block 02.00, Lot p/o 016.000 Property Type Commercial,Vacant County Suffolk Seller Richard James McBride,James Michael McBride Buyer/Borrower Town of Southold SERVICES PROVIDED PREMIUM: Fee Insurance(Liability Amount:$1,603,462.50) $6,718.00 $6,718.00 ENDORSEMENTS: SEARCH FEES: RECORDING FEES: Recording Fees $725.00 $725.00 Development Rights Easement(22 pgs)$410.00 C&R(4 pgs)$315.00 ATTN RECORDING DEPT: Certified Copy of said Development Rights Easement and C&R to be provided to Applicant post-closings) TAXES:(TRANSFER/MANSION/MORTGAGE) NYS Transfer Tax(usually paid by seller)($6,414.00) #* EXEMPT-See exemption claimed on transfer form. Peconic Bay Regional Town Transfer Tax($30,069.25) EXEMPT-See exemption claimed on transfer form. ADDITIONAL. Additional Fee($200.00) Title Closer Services NOTE:Please pay directly to closer. Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3 White Plains,New York 10604,Attn Accounting stewarttitjO Invoice No.712264101 Real partners.Real posslfrillties:— Additional Fee $150.00 $15000 POST-CLOSING CERTIFIED COPIES: Certified of Development Rights Easement and C&R NOTE:Both being presented at closing for recording.Certified copy to be obtained at the time of recording.(Exempt from Sales Tax SUBTOTAL: $7,593.00 $7,593.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $7,593.00 $7,593.00 $0.00 $0.00 *Taxable at 8.625%. **Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. I ti Kai 01 111WRIN CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT DISCLAIMER PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance. 2. Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time. 3. Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at time of closing. If closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G):"The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant." 5. Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing. An adjournment fee of$200 00 will be invoiced when the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our website:www.stewart.com/nymetro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains,New York 10604,Attn Accounting { -:t.^_�.,�.w=...e r.e ., :je•^C'+Tlfm^.sY'�r.t . rY, ' ,t�. ._.�.�i�{,+•^.r^ y ..x Al _®—I TOWN OF SOUTHOLD VENDOR 018784 TARA RYAN 12/18/2018 CHECK 137978 '• .3.t, FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 712264;1 1 TITLE CLOSER FEE-MCBRIDE 150.00 �$ 18t I ' TOTAL 150.00 i F OL 14, 1pxp;i ION, • i > 1 ids \ I I I _ TOWNOFSO MOLD AUDIT 12/18/18 , ,53095 MAIN-ROAD,PO 80X 1179";' SOUTH LD,,NY 11971+0959- j 4 - ` CHECK NO. "137978 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE ,AMOUNT _ t w} i 60.5}6.12 4 -12/18:/26 iV, .Op ,ON�`:•',;HUNF)REWFIFTY'AND -60/100 DOLLARS PAY,r TARA RYAN ii' L3797au s:0 2 140 54641: 63 000004 011' ' R E C O R D E D E A S E M E N T F 6 III VIII IIII VIII VIII VIII VIII II III VIII II III IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 01/09/2019 Number of Pages : 24 At: 04 :08 :25 PM Receipt Number : 19-0005363 TRANSFER TAX NUMBER: 18-19591 LIBER: D00012996 PAGE : 068 District: Section: Block: Lot: 1000 083 . 00 02 . 00 016 . 002 EXAMINED AND CHARGED AS FOLLOWS :ed Amount: $1, 603,462 .50 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120 . 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 $30 . 00 NO RPT $200 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $395 . 00 TRANSFER TAX NUMBER: 18-19591 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0 Number of pages - a 4 1 ;a n Y':1- _ TORRENS ;L': h , P•'i CkE I!_C^{ I2C Serial# _rrOLi =t::ffry L vI:lIIi1�__� Certificate# Di 4 1'8-19591 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee _ Mortgage Amt. 1. Basic Tax Handling t ! 00 2. Additional Tax TP-584 Sub Total Notation _ Spec./Assit. or EA-52 17(County) Sub Total ( Spec./Add. EA-5217(State) TOT.MTG.TAX 2/0'l �(1g Dual Town Dual County _ R.P.T.S.A. � � �b� ��, Held for Appointment Comm.of Ed. 5. 00 er Tax Affidavit Mansion Tax ND MDE4 6 ®� The property covered by this mortgage is Certified Copy or will be improved by a one or two NY urchouge 15. 00 family dwelling only. Sub Total u YES NO Other Grand Total / J If NO,see appropriate tax clause on page# of this i tru nt. _ � 1 4 Dist. 19000780 1000 08300 0200 016002 Q�1�d 5 Community Preservation Fund P TSConsiderationAmount$ Z Tax Servic $ W CH A 111111111111111111 I1 r 1 _ Agency AN 1 ✓ (14ax Due $ Verificatic �� - Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: TD lWom�y t I� ►aml�h�allCelle� , DPb1'n4aa(Iay-a(o)LLP TD TD 3� SecbnG��fi(� , 7 Title Company Information 119 bI Co.Name Title# 22 g Suffolk County Recording & Endorsement Page- This page forms part of the attached d� Ve11d fn '+ I` HL(l�(r1f d1� made by: p (SPECIIFY TYPE O INSTRUMENT) The premises herein is situated in 7J6-mn (Y11' afd W-Richf, SUFFOLK COUNTY,NEW YORK. D+ C� TO In the Township of S 6 U�D I d Iom\Dmf �'" )"t In the VILLAGE or HAMLET of Gildpa Vl� BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RkORDING OR FILING. (over) GRANT OF DEVELOPMENT RIGHTS .EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 18th day of December, 2018 at Southold, New York. The parties are RICHARD JAMES MCBRIDE and JAMES .MICHAEL MCBRIDE with an address at 10415 Oregon Road, Cutchogue, New York 11935 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (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 part of SCTM #1000-83-2-16 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey-prepared by Nathan Taft Corwin, III, Land Surveyor, dated August 22, 2018 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and I►12rk��°�cuh,d,f 8 WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is currently planted in row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and 1 { WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX HUNDRED THREE THOUSAND FOUR HUNDRED SIXTY-TWO AND 50/100 DOLLARS ($1,603,462.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein,* more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development-Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 A ^ i 0 01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens as set forth in Stewart Title Insurance Company Title Report #7122641, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting 3 .pY the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee-has prepared, with Grantor's j cooperation, an inventory of the Property's relevant features and conditions I (the "Baseline Documentation"). This Baseline Documentation includes, but is not limited to a survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated August 22, 2018, and a Phase 1 Environmental Site Assessment dated September 25, 2018 by Cashin Technical Services, Inc. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions,-rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development.Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the 4 "Town Code" or ""Code") now, or as they may be amended, and including the production of crops,-livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law (`"Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said-amended. provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. " Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not ""Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to. mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed-in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1`04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, 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 and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. 5 �3w The word "Grantor" when used herein shall include all of those persons or 00 entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemedassignsto each and, of its the word ""Grantor tvery and/o subsequent agents, successors, and 9ns Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for of ONE MILLION SIX HUNDRED 100 DOLLARS ($1603,462.50)EE and FOUR HUNDRED SIXTY-TWO AND 50/100 such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and \ undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except after review by the Southold Town Land Preservation Committee ("Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in 6 JY'mac. connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 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 Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 i. A' x I.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. • Underground utilities must, to,the extent possible, be constructed within 30-feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of thi's section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) "of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercia'I use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 8 J^ �4 3.08 Soil and Water Any use or activity, that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service (""NRCS"). 3.09 Drainage The use of the -Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin,or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, 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_ Property. 9 � ,t+4�4-kms �^•T.-'" _ 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining-a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in 'all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are "inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in 10 '�"gffi;thedefinitions set forth in said laws and/or Code shall preclude a use that is :.permitted under the current law and/or Code. i F Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with-seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the,Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on ,agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the,right to erect and maintain the following improvements on the Property, as may be permitted ,by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvement's are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 11 IT, ;_Environmental Sensitivity During Construction. The use and ` � xC hereunder shall be consistent with b�"en. improvement permitted Alany � '.�sttiKe}purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing -improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease ail of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, 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 tc 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. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any 12 Y;?v ,t •�;:;,�such further restrictions shall be consistent with and in furtherance of the • , -, � general intent and purpose of this Easement as set forth in Section 0.03. 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 Property, including any taxes or levies imposed to make those payments,, subject, however, to Grantor's right to grieve or contest such assessment. 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, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arisjng from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; 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. 13 Y� •FFE�i ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection i Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration _ Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury,to persons or to the Property or crops, livestock or livestock products 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 may be inadequate. Therefore, in addition to, and not as a 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 ten (10) 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 agricultural-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: 14 :To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or 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. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed 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 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 Y:�i'i r., i�;�r"Uii:a eef+irr '1'xxd±�'131�.• 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 the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of.Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required"to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 ��aa ,n ,ri».,;,'f.,^':.`Svc,x,';;i.�•°:'i;i:.. ip•,»..,,.-.Vtt 1 ='b;iA;.t:r;}'��'s�`•.'°n;�'g 's:. ,;.:5.•x:w;';ztz.i �._ _ ;'�:, ~``.��<;;7�,Of2:•.Ar•.n`°ern�d�m e n t This Easement may be amended only with the written consent of ~ Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any such easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 17 _ ,'.•�. .••. '_. Fri,•, - ' Cl iq it An rovision of this Easement restricting Grantors activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 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 Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect 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 Property, 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 it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 18 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee 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 J The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year.set-forth above. ACKNOWLEDGED AND ACCEPTED: By: A" Richard James McBride, Seller By:-, &Ldz�7 James Michael McBride, S Iter ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee RSR sh�ea 4�eil � Scott A. Russell, Supervisor bin WA(Ircl�101�r b ►OLS � , �� �c���K�. ►I�►'�Iz, S• 06D 33� - - ond5tr f q�22LQq I C M,ot>D Qtt7• �� � addff_ss , ���1�d NV I (I9D) an�°� CoLTllollL 'Town500ilnold 19 STATE-OF NEW YORK) COUNTY OF SUFFOLK), SS: On the 1�day of December in the year 2018 before me, the undersigned,personally appeared Richard James McBride, 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. Signatur%fce ofindividual taking acknowledgement TARA M.DOWD Notary Pubik,State of New York .No.01 D06076607 STATE OF NEW YORK) C�rfied in Sutfdk County COUNTY OF SUFFOLK), SS.' corrrnission Expires 03,10022_ On the day of December in the year 2018 before me, the undersigned,personally appeared James Michael McBride,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. Signatur%ice of individual taking acknowledgement TARA V.DOWD Notary Pub&,State of New York v Reg.No.01 D06070607 Qualified in Suf(ok County STATE OF NEW YORK ) C°""'hm'°"Expires nww2Z/ COUNTY OFSUFFOLK ) SS., On this 1day of December in the year 2018 before me, the undersigned, personally appeared Scott A. Russell, 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, j Signatur%ff ofindividual taking acknowledgement TARA M.DC WD Notary PL"',State of New York Reg.No.01 DM70607 20 OuWtW in Suffolk County 20 Comres mission Expi03/04x20 z C stew ill L Li 6'o Title Number: 7122641 SCHEDULE A–DESCRIPTION AMENDED 12/12/2018 DEVELOPMENT RIGHTS EASEMENT AREA TO BE INSURED: All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE northwesterly from said point of beginning and along northerly line of lands now or formerly of E&C Property Holding H Inc.,North 42 degrees 24 minutes 02 seconds West 382.82 feet to the True point of BEGINNING. RUNNING THENCE along the division line between premises described herein and lands now or formerly of E&C Property Holding II Inc.,North 42 degrees 24 minutes 02 seconds West 2,128.04 feet to a point,where the same is intersected by the division line between premises herein and lands now or formerly of E&C Property Holding; RUNNING THENCE along said division line South 89 degrees 10 minutes 42 seconds East 724.62 feet to a point,where the same is intersected by the division line between premises herein and lands now or formerly of Steven Zuhoski&David Zuhoski County of Suffolk(Development Rights); — RUNNING THENCE along said division line South 44 degrees 28 minutes 48 seconds East 1,611.57 feet to a point; RUNNING THENCE southwesterly South 45 degrees 31 minutes 12 seconds West 586.90 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: RESERVE AREA All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premisesto the center lines thereof. -Schedule A Description(Page I of 3)- stewart thio Title Number: 7122641 RUNNING THENCE from said point of beginning along the division line between premises described herein and lands now or formerly of E&C Property Holding H Inc. North 42 degrees 24 minutes 02 seconds West 382.82 feet to a point; RUNNING THENCE northeasterly North 45 degrees 31 minutes 12 seconds East 586.90 feet to a point on the division line between premises herein and lands now or formerly of Steven Zuhoski&David Zuhoski County of Suffolk(Development Rights); RUNNING THENCE along said division line and along the division line with lands now or formerly of Steven Zuhoski&David Zuhoski, and lands now and formerly of Lucille Zuhoski,South 44 degrees 28 minutes 48 seconds East 651.97 feet to appoint on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road, South 69 degrees 40 minutes 20 seconds West.250.00 feet to a point; RUNNING THENCE North 20 degrees 19 minutes 40 seconds West 165.00 feet to a point; RUNNING THENCE South 69 degrees 40 minutes 20 seconds West 255.00 feet to a point; RUNNING THENCE South 20 degrees 19 minutes 40 seconds East 165.00 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road,South 69 degrees 40 minutes 20 seconds West 153.43 feet to the point or place of BEGINNING. l FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premisesto the center lines thereof. -Schedule A Description(Page 2 of 3)- 9.1.42, _ "` \ '}`« %J724 952- - -{s• •meg, f i SURVEI Or PROPERTY i S.,I;r!i's" O[";tiC"iJ i i -O-,,,N OF SOuTHCLL' / SUFFOLK COUN-Y, 4EY; YORK ' S C -hX 'Ja '000-CS-C2-lo 3 5J1 1'=100• I ALLLST 22,2018 i Lb:Al EA= 1,3.C 7t'S 1• 13 662 c�- i 1 C —;d d. i + o CE:'EIDPMENT R{,74TS EASEMIU-AREA Tfi' 1 i 1.0 34,755 ce 23.755 i t i i 1 t { a x 1 . I I ; =� I I RESERVE APEA + / ' 266,035 a c.1 1 SM DErAL^-- 6.107 c DEAL I SCALE 1'=40• �'..`..�`. \tt t \ ' is`'�, ' �� ;� '\•iiG'c $�:r.�-s•'� , Nathan Taft Corwin M i -�1'r'``.L•'`.a'.o'w ,_._.-_ __----'" °w`_--��� _Land Surveyor 5 63 C O v E N A � .. N R S . T R I C T I O N S 11111111111111 IN 11111111111111111 IN I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/09/2019 Number of Pages: 8 At: 04:08 :25 PM Receipt Number : 19-0005363 LIBER: D00012996 PAGE : 069 District: Section: Block: Lot: 1000 083 . 00 02 . 00 016. 001 EXAMINED AND CHARGED AS FOLLOWS _.aceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $10 . 00 NO RPT $400 .00 NO Fees Paid $490 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 2 . ❑❑ PECi RDED umber of pages =O 19 ?mr, 0c+ 04:0^:25 Fig ?UL•=TH N. FR-Q-E TORRENS :L_.:, III-- Serial# 1- ranf;i_cly9�• F 069 Certificate# Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 00 2. Additional Tax TP-584 Sub Total ' Notation Spec./Assit. d or EA-52 17(County) Sub Total Spec./Add. EA-5217(St TOT.MTG.TAX Dual Town Dual County _ R.P.T.S.A. Held for Appointment Comm.of Ed. 5. 00 �/� s v� Transfer Tax 60 A =V Affidavit $ �,— 30 Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 /�U family dwelling only. Sub Total�__ YES or NO Other Grand Total If NO,see appropriate tax clause on page# of this instrument. 4 1 Dist]60' �� � � °, S Community Preservation Fund 3791970 Real Property Rp T !SA IIm��IIIIIM111111@IpI ��II 1111 Consideration Amount$ Tax ServiceCWH W��NJ Agency 08JAN49 CPF Tax Due $ 'Verification ip Improved Vacant Land 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: TD i La-blain 1 shVA Ke'll ,robin Q (t rct(o/LLQ TD atF�; �� Cla( � IComlxin � TD 77 Title Company Information Co.Name ei Title# �(ZZ 8 Suffolk CountyRecording & Endorsement Pa e- This page forms part of the attached V2G{Ct1�C���D(1 ACAIC4045 Q.nd A5CN17'5 made by: (SPECIFY TYPE OF INSTRUMENT) ich�rd Jarrte ! The premises herein is situated in SUFFOLK COUNTY,NEW YORK. /� /`� In the Township of �I ow (T—P n O� (SO '!' I In the VILLAGE r� h or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) p T -S R CWH A Stat ID: 3791970 08-JAN-19 Tax Maps District Secton Block Lot School District 6 � 1000 08300 0200 016001 1000 08300 0200 016002 Y l DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 18'day of December, 2018, by RICHARD JAMES MCBRIDE and JAMES MICHAEL MCBRIDE, with an address of 10415 Oregon Road, Cutchogue,New York 11935, hereinafter referred to as the"DECLARANT. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 10725 Oregon Road, Cutchogue,in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-83-2-16, and shown on a survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated August 22, 2018 (the"Survey"Xa reduced copy of which is attached hereto and made a part hereof, and described in the metes and bounds description attached as Exhibit'"A"'and made'a part hereof(the"Property"); and * 0 WHEREAS,the Survey shows a"Town of Southold Development Rights Easement Area" of 23.755 acres (the"Easement Area") and a"Reserve Area" of 6.107 acres,both described in the metes and bounds descriptions attached as Exhibit`B" and"C", respectively; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated December 18, 2018 for part of SCTM#1000-83-2-16; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement,the Town Board of the Town of Southold(the"Town Board")has deemed it in the best interests of the Town of Southold(the"Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement,the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit,publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein,which shall run with the land and shall be binding upon all purchasers and holders of the Property,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: DECLARANT may make an application for subdivision or separation or for any other relief from the Town of Southold that would allow the subdivision of the f Reserve Area from the Easement Area but such application shall be conditioned on an area of a minimum of 80,000 square feet remaining part of the Easement Area. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances,regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold,by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed,modified, terminated,revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. By: Richard James McBride, Seller zY.` By: James Michael McBride, Se ler �P _ Yt' J ,ft ' I STATE OF NEW YORK) ss.. COUNTY OF SFFOLK) On the LOday of December, 2018, before me,the undersigned,personally appeared RICHARD JAMES MCBRIDE,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 persodupon behalf of which the individual acted, executed the instrument. Notary Public TARA M.DOWD Notary pubrr,State of New York Reg.No.01 D06070607 ouamed in Suf A County Corr�Expires 03104M STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the qday of December,2018,before me,the undersigned,personally appeared JAMES MICHAEL MCBRIDE,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. jut Notary Public TARA M.DOWD Notary pubk State of New York Reg.No.01 D06070607 Qualified in 5ufWk County Coarr4ssion Expires 03104120 D: I O6C) Iwornt$La-Mao)rhea i 14-1 vq, 5' 33,as � n f�( (ib 4W. -CGu, t 0210D Q .� L• 0)6-06D 33 Wes+SP-conG�Sfi1'e� " Qdd�r�5s: Ib�Z�O�e�anRd. �,o;�oX�t39�. C*��,j NY Rlvefh-ectd WON Cn0n ; 5x)�oIY, 11953 1 0-10 yy stewa 4 i.! ei Title Number: 7122641 A OVERALL DESCRIPTION All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected, situate,lying and being at Cutchogue,Towmof Southold,County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being.977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE from said point of beginning along the division line between premises described Herein and lands now or formerly of E&C Property Holding H Inc.North 42 degrees 24 minutes 02 seconds West 2,510.86 feet to a point,where the same is intersected by the division line between premises herein and lands now or formerly of E&C Property Holding; RUNNING THENCE along said division line'South 89 degrees 10 minutes 42 seconds East 724.62 feet to a point.where the same is intersected by the division line between premises herein and lands now or formerly of Steven Zuhoski&David Zuhoski County of Suffolk(Development Rights); RUNNING THENCE along said division line'and along the division line with lands now or formerly of Steven Zuhoski&David Zuhoski,and lands now and formerly of Lucille Zuhoski,South 44 degrees 28 ni lutes 48 seconds East 2,263.54 feet to appoint on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road,South 69 degrees 40 minutes 20 seconds West 250.00 feet to a point; RUNNING THENCE North 20 degrees 19 minutes 40 seconds West 165.00 feet to a point; RUNNING THENCE South 69 degrees 40 minutes 20 seconds West 255.00 feet to a point; RUNNING THENCE South 20 degrees 19 minutes 40 seconds East 165.00 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road,South 69 degrees 40 minutes 20 seconds West 153.43 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. E�r1� �Pi Title Number:7122641 _ - EASEMENT AREA DESCRIPTION All that certain plot,piece or parcel of bind,with the buildings and improvements thereon erected, ituate,lying and being at.Cutchogue,Town of Southold,County of Suffolk and State of New York, bounded and described as follows: ' BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE northwesterly fro m said point of beginning and along northerly line of lands now or formerly of E&C Property Holding II Inc.,North 42 degrees 24 minutes 02 seconds West 382.82 feet to the True point of BEGINNING. RUNNING THENCE along the dh ision line between premises described herein and lands now or formerly of E&C Property Holding U Inc.,North 42 degrees 24 minutes 02 seconds West 2,128.04 feet to a point,where the same is intersected by the division line between premises heroin and lands now or formerly of E&C Property Holding; RDNNING THENCE along said division line Sonth 89 degrees 10 minutes 42 seconds East 724.62 feet to a point.,where the same is intersected by the division line between premises herein and lands now or formerly of Steven Zuhoski&David Zuhoski County of Suffolk(Development Rights); RUNNING THENCE along;said division line South 44 degrees 28 minutes 48 seconds East 1.611.57 feet to a point; RUNNING THENCE southwesterly South 4.5 degrees 31 minutes 12 seconds West.586.90 feet to the point or place of BEGINNING. FOR Co WEYANCWG ONLY-TOGMER with all right,title and interest of the party ofthe first part,of,in and to anystreets and roads abutting the above described premisesto the center lines thereof. w{`9!i4< •✓,'+y'� ''Poi n''ia: .�'i a 'b est•}. rl_.r+..b♦+M1 � ' Title Number:7122641 - RESERVE AREA DESCRIPTION .All that certain plot,piece or pamel of land;with the buildings and improvements-thereon erected, situate,lying and being at Cutchogue,Town of Southold.County of Suffolk and State of New York, - bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE from said point of beginning along the division line between premises described herein and lands now or formerly of B&C'Property Holding 11 Inc.North 42 degrees'24 minutes 02 seconds West 382.82 feet to a point; RUNNING THENCE northeasterly North 45 degrees 31 minutes 12 seconds East 586.90 feet to a point on the division line betweenpremises herein and lands now or formerly of Steven Zuhoski&David Zuhoski County of Suffolk(Demetlopment Rights); RUNNING THENCE along said division line and along the division line with lands now or formerly of Steven Zuhoski&David Zuhoski,and land's now and formerly of Lucille Zuhoski.South 44 degrees 28 minutes 48 seconds East 651.97 feet to appoint on northerly side a0regon Road; RUNNING THENCE.southwesterly along northerly side of said Oregon Road,South 69 degrees 40 minutes 20 seconds West 250.00 feet to a point; RUNNING THENCE North 20 degrees 19 minutes 40 seconds West 165.00 feel to a point; RUNNING THENCE South 69 degrees 40 minutes 20 seconds West 255.00 feet to a_point; RUNNING THENCE South 20 degrees 19 minutes 40 seconds East 165,00 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road.South 69 degrees 40 minutes 20 seconds West 153.13 feet to the point or place of BEGINNING. . I , FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. y ' y v 724 62\\ I•' � ol I I SME Y=ioOo' B� I � SURVEY OF PROPERTY SITUATE SOUTHOLD TOWN OF SOUTHOLD ' SUFFOLK COUNTY, NEW YORK j S C. TAX No. 1000-63-02-16 SCALE 1'=100' AUGUST 22,2016 I 70741 LAT AREA= 95 sq fl 1,3 ac, I i I S.9 lSRTIF!£D 70. Tne. w saunas S wm:T4.k cmc. I tie y^'EkiRi DEVELOPMENT RIGNTS EASEMENT AREA &ae 1,034,756 sq.11 5G 23.755 oc i i I i I I - I { I �^ I I i \ RESERVE� sAREA✓ `� 266,039 q ft am METAL / � 6.107 oc. I / SCALE 1'=40' SCALE 1" 40 � � � r� r,,,>�.* �' �`\ �A •gym �- as "�� w 69'Z 204 °i �'i0O�a3 OREGON ROPM - �' �-�'' , \� ••, 9� , 69'A1'53 I f •` I � \ I w w % 5.40'20 •\ •,Gobi'`+Y ((( - ',� \\., ,\�� •'\ oN ROAD —rm M Nathan Taft Corwin � ° 0 'G 1s3 43' _ - - Land Surveyor I •!`�• SB9 g0�0.W - r' -_ ��� c ..,.-n-z��-a,.._c.....s,.r mx T I T L E P O L I C Y ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY Stewart titld A Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS 'SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE, CONDITIONS,STEWART TITLE INSURANCE COMPANY,a New York corporation,(the`Company")insures, as of Date of Policy and,to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified,expired,or otherwise invalid power of attorney (A) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental'regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location'of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: MOW— CL 3f�OPPORglc�. �. F:n John Frates President and General Counsel ''1S'•W yds ti� Craig Gol en erg Division P e ' ent Denise rratilx Secretary If you want information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http•f/www StewartNewYork.com Serial No.: 0-8911-000830589 File No.:7122641 rF COVERED RISKS(Continued) 9 Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (u) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors'rights laws;or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A. A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees,and expenses incurred in insolvency,or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed that arise by reason of in writing to the Company by the Insured Claimant pnor to the date 1 (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy; those relating to budding and zoning)restricting, regulating,prohibiting,or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy(however,this does (1) the occupancy,use,or enjoyment of the Land; not modify or limit the coverage provided under Covered Risk 9 and (u) the character, dimensions, or location of any improvement 10);or erected on the Land, (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land;or Insured Claimant had paid value for the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency,or similar creditors'rights laws,that the transaction vesting the regulations. This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or (b) Any governmental police power. This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of or limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy and 3. Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed or other instrument of transfer in the Public (a) created,suffered,assumed,or agreed to by the Insured Claimant; Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS purposes. The following terms when used in this policy mean: (d) With regard to(A),(B), (C),and(D)reserving, however, all (a) "Amount of Insurance": The amount stated in Schedule A,as may rights and defenses as to any successor that the Company be increased or decreased by endorsement to this policy, would have had against any predecessor Insured. increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming loss or damage. these Conditions. (f) "Knowledge" or "Known": Actual knowledge, not constructive (b) "Date of Policy": The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason Schedule A. of the Public Records or any other records that impart constructive (c) "Entity": A corporation,partnership,trust,limited liability company, notice of matters affecting the Title. or other similar legal entity. (g) "Land": The land described in Schedule A, and affixed (d) "Insured": The Insured named in Schedule A. improvements that by law constitute real property. The term (i) The term"Insured"also includes "Land"does not include any property beyond the lines of the area (A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, interest, estate, or law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways, devisees, survivors,personal representatives,or next or waterways, but this does not modify or limit the extent that a of kin; right of access to arid from the Land is insured by this policy. (B) successors to an Insured by dissolution, merger, (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security consolidation,distribution,or reorganization; instrument, including one evidenced by electronic means (C) successors to an Insured by its conversion to another authorized by law. kind of Entity; (i) "Public Records": Records established under state statutes at (D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and (1) if the stock,shares,memberships,or other equity without Knowledge. With respect to Covered Risk 5(d), "Public interests of the grantee are wholly-owned by the Records"shall also include environmental protection liens filed in named Insured, the records of the clerk of the United States District Court for the (2) if the grantee wholly owns the named Insured, district where the Land is located. (3) if the grantee is wholly-owned by an affiliated Entity (1) "Title": The estate or interest described in Schedule A. of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title": Title affected by an alleged or apparent the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the person or Entity,or Title or lender on the Title to be released from the obligation to (4) if the grantee is a trustee or beneficiary of a trust purchase,lease,or lend if there is a contractual condition requiring created by a written instrument established by the the delivery of marketable title. Insured named in Schedule A for estate planning Serial No.: 0-8911-000830589 File No.: 7122641 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses, prosecuting or defending the action or proceeding,or in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (u) in any other lawful act that in the or interest in the Land, or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as insured. If the Company as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required or conveyance of the Title This policy shall not continue in force in cooperation,the Company's obligations to the Insured under the favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to in the Land,or(ii)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation, with regard to the given to the Insured. matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a)of these Conditions,(ii)in case inspection,and copying,at such reasonable times and places as Knowledge shall come to an Insured hereunder of any claim of title or may be designated by the authorized representative of the interest that is adverse to the Title,as insured, and that might cause Company,all records,in whatever medium maintained,including loss or damage for which the Company may be liable by virtue of this books,ledgers,checks,memoranda,correspondence,reports,e- policy,or(iii)if the Title,as insured,is rejected as Unmarketable Title. If mails,disks,tapes,and videos whether bearing a date before or the Company is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage. provide prompt notice,the Company's liability to the Insured Claimant Further, if requested by any authorized representative of the under the policy shall be reduced to the extent of the prejudice. Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to 4. PROOF OF LOSS examine,inspect,and copy all of these records in the custody or In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of damage All information designated as confidential by the Insured payment that the Insured Claimant furnish a signed proof of loss. The Claimant provided to the Company pursuant to this Section shall proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the damage and shall state,to the extent possible,the basis of calculating claim Failure of the Insured Claimant to submit for examination the amount of the loss or damage. under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information 5. DEFENSE AND PROSECUTION OF ACTIONS from third parties as required in this subsection,unless prohibited (a) Upon written request by the Insured, and subject to the options by law or governmental regulation,shall terminate any liability of contained in Section 7 of these Conditions, the Company,at its the Company under this policy as to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a claim covered by this policy adverse to the Insured. This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy. The Company shall have following additional options. the right to select counsel of its choice(subject to the right of the (a) To Pay or Tender Payment of the Amount of Insurance. To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action. It shall not be liable for and together with any costs,attomeys'fees,and expenses incurred by will not pay the fees of any other counsel. The Company will not the Insured Claimant that were authorized by the Company up to pay any fees,costs,or expenses incurred by the Insured in the the time of payment or tender of payment and that the Company defense of those causes of action that allege matters not insured is obligated to pay. Upon the exercise by the Company of this against by this policy. option,all liability and obligations of the Company to the Insured (b) The Company shall have the right, in addition to the options under this policy,other than to make the payment required in this contained in Section 7 of these Conditions, at its own cost, to subsection,shall terminate,including any liability or obligation to institute and prosecute any action or proceeding or to do any other defend,prosecute,or continue any litigation. act that in its opinion may be necessary or desirable to establish (b) To Pay or Otherwise Settle With Parties Other Than the Insured the Title,as insured,or to prevent or reduce loss or damage to the or With the Insured Claimant. Insured. The Company may take any appropriate action under (i) To pay or otherwise settle with other parties for or in the the terms of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against Insured. The exercise of these rights shall not be an admission of under this policy. In addition, the Company will pay any liability or waiver of any provision of this policy. If the Company costs,attomeys'fees,and expenses incurred by the Insured exercises its rights under this subsection,it must do so diligently. Claimant that were authorized by the Company up to the (c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay; required or permitted by this policy,the Company may pursue the or litigation to a final determination by a court of competent (ii) To pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order costs,attomeys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay. (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(r)or(ii),the Company s obligations and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage, right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate, proceeding,including the right to use, at its option,the name of including any liability or obligation to defend, prosecute, or the Insured for this purpose. Whenever requested by the continue any litigation. Company,the Insured,at the Company's expense,shall give the Serial No.: 0-8911-000830589 File No.:7122641 CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY (b) The Company's right of subrogation includes the rights of the This policy is a contract of indemnity against actual monetary loss or Insured to indemnities,guaranties,other policies of insurance,or damage sustained or incurred by the Insured Claimant who has bonds,notwithstanding any terms or conditions contained in those suffered loss or damage by reason of matters insured against by this instruments that address subrogation rights. policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance,or (u) the difference between the value of the Title as insured and 14. ARBITRATION the value of the Title subject to the risk insured against by- Either the Company or the Insured may demand that the claim or this policy controversy shall be submitted to arbitration pursuant to the Title (b) If the Company pursues its rights under Section 5 of these Insurance Arbitration Rules of the American Land Title Association Conditions and is unsuccessful in establishing the Title, as ("Rules"). Except as provided in the Rules,there shall be no joinder or insured, consolidation with daims or controversies of other persons. Arbitrable (i) the Amount of Insurance shall be increased by 10%,and matters may include, but are not limited to, any controversy or claim (ii) the Insured Claimant shall have the right to have the loss or between the Company and the Insured arising out of or relating to this damage determined either as of the date the claim was policy,any service in connection with its issuance or the breach of a made by the Insured Claimant or as of the date it is settled policy provision,or to any other controversy or claim arising out of the and pard. I transaction giving rise to this policy. All arbitrable matters when the (c) In addition to the extent of liability under(a)and(b),the Company Amount of Insurance is$2,000,000 or less shall be arbitrated at the will also pay those costs,attorneys'fees,and expenses incurred option of either the Company or the Insured:All arbitrable matters when in accordance with Sections 5 and 7 of these Conditions: the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company'and the Insured. Arbitration 9. LIMITATION OF LIABILITY pursuant to this policy and under the Rules shall be bindifig upon the (a) If the Company establishes the Title, or removes the alleged parties. Judgment upon the award rendered by the Arbitrator(s)may defect,lien,or encumbrance,or cures the lack of a right of access be entered in any court of competent jurisdiction. to or from the Land,or cures the claim of Unmarketable Title,all as insured, in a reasonably diligent manner by any method, 15. LIABILITY LIMITED TO THIS POLICY;POLICY,ENTIRE including litigation and the completion of any appeals,it shall have CONTRACT fully performed its obligations with respect to that matter and shall (a) This policy together with all endorsements,if any,attached to it by not be liable for any loss or damage caused to the Insured. the Company is the entire policy and contract between the Insured (b) In the event of any litigation,including litigation by the Company and the Company. In interpreting any provision of this policy,this or with the Company's consent, the Company shall have no policy shall be construed as a whole. liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction,and disposition Title or by any action asserting such claim shall be restricted to of all appeals,adverse to the Title,as insured. this policy. (c) The Company shall not be liable for loss or damage to the Insured (c) Any amendment of or endorsement to this policy must be in writing for liability voluntarily assumed by the Insured in settling any claim and authenticated by an authorized person, or expressly or suit without the prior written consent of the Company. incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF of this policy and is subject to all of its terms and LIABILITY provisions. Except as the endorsement expressly states,it does All payments under this policy, except payments made for costs, not(r)modify any of the terms and provisions of the policy, (ii) attorneys'fees, and expenses,shall reduce the Amount of Insurance modify any prior endorsement,(iii)extend the Date of Policy,or by the amount of the payment. (iv)increase the Amount of Insurance. 11. LIABILITY NONCUMULATIVE 16. SEVERABILITY The Amount of Insurance shall be reduced by any amounithe Company In the event any provision of this policy,in whole or in part,is held invalid pays under any policy insuring a Mortgage to which exception is taken or unenforceable under applicable law,the policy shall be deemed not in Schedule B or to which the Insured has agreed,assumed,or taken to include that provision or such part held to be invalid, but all other subject, or which is executed by an Insured after Date of.Policy and provisions shall remain in full force and effect: which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 17. CHOICE OF LAW;FORUM (a) Choice of Law: The Insured acknowledges the Company has 12. PAYMENT OF LOSS underwritten the risks covered by this policy and determined the When liability and the extent of loss or damage have been definitely premium charged therefore in reliance upon the law affecting fixed in accordance with these Conditions,the payment shall be made interests in real property and applicable to the interpretation, within 30 days. rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or an arbitrator shall apply the law of the (a) Whenever the Company shall have settled and paid a claim under jurisdiction where the Land is located to determine the validity of this policy,it shall be subrogated and entitled to the rights of the claims against the Title that are adverse to the Insured and to Insured Claimant in the Title and all other rights and remedies in interpret and enforce the terms of this policy. In neither case shall respect to the claim that the Insured Claimant has against any the court or arbitrator apply its conflicts of law principles to person or property,to the extent of the amount of any loss,costs, determine the applicable law. attorneys'fees,and expenses paid by the Company. If requested (c) Choice of Forum: Any litigation or other proceeding brought by by the Company,the Insured Claimant shall execute documents the Insured against the Company must be filed only in a state or to evidence the transfer to the Company of these rights and federal court within the United States of America or its territories remedies. The Insured Claimant shall permit the Company to sue, having appropriate jurisdiction. compromise,or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or 18. NOTICES,WHERE SENT litigation involving these rights and remedies. If a payment on Any notice of claim and any other notice or statement in writing required to account of a claim does not fully cover the loss of the Insured be given to the Company under this policy must be given to the Company at Claimant, the Company shall defer the exercise of its right to Claims Department at 300 East 42nd St,1 01h Floor,New York,NY 10017. recover until after the Insured Claimant shall have recovered its loss. Serial No.: 0-8911-000830589 File No.:7122641 Stewart titl Policy Number: 0-8911-000830589 Date of Policy: December 18, 2018 File Number: 7122641 Name and Address of Title Insurance Company: 'Stewart Title Insurance Company 300 East 42nd Street, 10th Floor New York, NY 10017 SCHEDULE A- CERTIFICATION Amount of Insurance: $1,603,462'.50 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in: Town of Southold who acquired title by Development Rights Easement from James Michael McBride and Richard James McBride dated 12/18/2018 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made s part hereof. District: 1000 Section: 083.00 Block: 02.00 P/O Lot: 016.000 i - Schedule A Certification I age 1 of 1) - stewart titl� Policy Number: 0-8911-000830589 11.. Date of Policy: December 18, 2018 File Number: 7122641 SCHEDULE A— DESCRIPTION DEVELOPMENT RIGHTS EASEMENT AREA TO BE INSURED: All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying-and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner formed by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE northwesterly from said point of beginning and along northerly line of lands now or formerly of E & C Property Holding II Inc:, North 42 degrees 24 minutes 02 seconds West 382.82 feet to the True point of BEGINNING. RUNNING THENCE along the division_line between premises described herein and lands now or formerly of E & C Property Holding II Inc., North 42 degrees 24 minutes 02 seconds West 2,128.04 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of E & C Property Holding; RUNNING THENCE along said division line South 89 degrees 10 minutes 42 seconds East 724.62 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of Steven Zuhoski& David Zuhoski County of Suffolk (Development Rights); RUNNING THENCE along said division line South 44 degrees 28 minutes 48 seconds East 1,611.57 feet to a point; RUNNING THENCE southwesterly South 45 degrees 31 minutes 12 seconds West 586.90 feet to the I oint or place of BEGINNING. FOR INFORMATION ONLY: RESERVE AREA All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING ata point on northerly side of Oregon Road being 977.04 feet easterly from the corner formed by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE from said point of beginning along the division line between premises described herein and lands now or formerly of E & C Property Holding II Inc. North 42 degrees 24 minutes 02 seconds West 382.82 feet to a point; RUNNING THENCE northeasterly North 45 degrees 31 minutes 12 seconds East 586.90 feet to a point -Schedule A Description(Page 1 of 3) - stewart 1l Policy Number: 0-8911-000830589 Date of Policy: December 18, 2018 File Number: 7122641 on the division line between premises herein and lands now or formerly of Steven Zuhoski &David Zuhoski County of Suffolk (Development Rights); RUNNING THENCE along said division line and along the division line with lands now or formerly of Steven Zuhoski & David Zuhoski, and lands now and formerly of Lucille Zuhoski, South 44 degrees 28 minutes 48 seconds East 651.97 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road, South 69 degrees 40 minutes 20 seconds West 250.00 feet to a point; RUNNING THENCE North 20 degrees 19 minutes 40 seconds West 165.00 feet to a point; RUNNING THENCE South 69 degrees 40 minutes 20 seconds West 255.00 feet to a point; RUNNING THENCE South 20 degrees 19 minutes 40 seconds East 165.00 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road, South 69 degrees 40 - minutes 20 seconds West 153.43 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: OVERALL DESCRIPTION All that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on northerly side of Oregon Road being 977.04 feet easterly from the corner form by the intersection of northeasterly side of Duck Pond Road and northerly side of Oregon Road; RUNNING THENCE from said point of beginning along the division line between premises described herein and lands now or formerly of E & C Property Holding II Inc. North 42 degrees 24 minutes 02 seconds West 2,510.86 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of E & C Property Holding; RUNNING THENCE along said division line South 89 degrees 10 minutes 42 seconds East 724.62 feet to a point, where the same is intersected by the division line between premises herein and lands now or formerly of Steven Zuhoski & David Zuhoski County of Suffolk (Development Rights); RUNNING THENCE along said division line and along the division line with lands now or formerly of Steven Zuhoski & David Zuhoski, and lands now and formerly of Lucille Zuhoski, South 44 degrees 28 minutes 48 seconds East 2,263.54 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road, South 69 degrees 40 minutes 20 seconds West 250.00 feet to a point; - Schedule A Description(Page 2 of 3) - Stewart titin Policy Number: 0-8911-000830589 Date of Policy: December 18, 2018 File Number: 7122641 RUNNING THENCE North 20 degrees 19 minutes 40 seconds West 165.00 feet to a point; RUNNING THENCE South 69 degrees 40 minutes 20 seconds West 255.00 feet to a point; RUNNING THENCE South 20 degrees 19 minutes 40 seconds East 165.00 feet to a point on northerly side of Oregon Road; RUNNING THENCE southwesterly along northerly side of said Oregon Road, South 69 degrees 40 minutes 20 seconds West 153.43 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3) - stewar 1. i`io Policy Number: 0-8911-000830589 �i 1 G Date of Policy: December 18, 2018 File Number: 7122641 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys'fees or expenses that arise by reason of.- 1. f:1. Policy excepts all water/sewer charges from date of the last actual reading of the meter including all charges entered hereafter but which might include usage prior to the date of this policy; 2. Survey exceptions as to Development Rights Easement Area as shown on survey made by Nathan Taft Corwin III Land Surveyor,last dated 8/22/2018 (Job Number 38-178-1): a. No variations or encroachments found. 3. An agricultural exemption is shown on the tax search herein and upon cancellation of the ` exemption the taxing authority may reinstate taxes for periods prior to the date of transfer of the premises and/or prior to the date of cancellation of the exemption. No liability is assumed for any re-imposition of taxes. 4. Policy will except the terms and conditions of the Development Rights Easement. 5. Policy excepts 2018/2019 18t Half Town and School Taxes, as alien not yet due. -Schedule B Part I(Page 1 of 1) Stewart titlEi Policy Number: 0-8911-000830589 Date of Policy: December 18, 2018 File Number: 7122641 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by ' governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the _ Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: c John Frates �oAP0�r (President and General Counsel F � �s yRv vo����� pori d Offic o Agent „ * Denise Cdrraux Secretary Stewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 10017 STANDARD NEW YORK ENDORSEMENT(7/01/12) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) 1 Stewart����IIo r tit10 Policy Number: 0-8911-000830589 Date of Policy: December 18, 2018 File Number: 7122641 POLICY AUTHENTICATION ENDORSEMENT When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: C✓I `� �NSUggyC John(=rates �gsoggr C, President and General Counsel a ?1987 Y��� pori d &UcO Agent *** Denise rraux Secretary Stewart Title Insurance Company 60 East 42nd.St., Suite 1260 New York, New York 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/201,6) N Y S A G M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of-�o� acres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. 1000-83-2-16 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Prosect Sponsor Landowner TOWN OF SO THOLD SCOT . RUSSELL, Supervisor RICHARD JAMES McBRIDE 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 JAMES MICHAEL McBRIDE (631) 765-1889 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 18th day of December, 2018, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided 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 as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the sea thereto by like order. I TARA M.DO'WD Notary Public,State of New York Notary Public Reg.No.01D06070607 Qualtfied in SufWk county Corrxnission Expires M04120�i� STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 18th day of December in the year 2018 before me, the undersigned, personally appeared Richard James McBride, 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, and that such individual made such appearance before the undersigned. TARA M.DOWD Nota Public NotaryP"� Yor State of New k Notary Reg.No.01 D06070607 ouaitw in Suf' lk COX* Commission Expires 03r44f� STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) On the 18th day of December in the year 2018 before me, the undersigned, personally appeared James Michael McBride, 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, and that such individual made such appearance before the undersigned. c Notary Public TARA M.DOWD Notary Pubtic,State of Nom York Reg.No.Qi D06070607 Qualified in Sufic coutttY commission Expires"W4-zz , 2 f , NEW YORK Agriculture STATE OF OPPORTUNITY end Markets ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner January 30, 2019 Melissa Spiro Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town of-Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Richard James McBride and James Michael McBride, for approximately 23.755 acres of active farmland (Tax Parcel ID No 1000-83-2-16) located in the Town of Cutchogue. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of an iriterest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerel Kate Tylutki Senior Environmental IL cc: Ken Schmitt, Chair, Suffolk County AFPB -- File No.: AP 19/001-W FEB - 5 1X19 " S DEPI OF WID • _ L.� PFE��f„�V e�iOPi Division of Land and Water Resources 10B Airline Dr.Albany,N.Y., 12235 518-457-8887 www agriculture ny.gov OFFICE LOCATION: MELISSA A. SPIRO _`` ®F $Q(�ly Town Hall Annex LAND PRESERVATION COORDINATOR h�V� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(63'1)765-5711 MAILING ADDRESS: www.southoldtownny.goVl P.O. Box 1179 yIrou Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 14,2019 Kate Tylutki Senior Environmental Analyst Agricultural Protection Unit NYS Department of Agriculture and Markets I OB Airline Drive Albany,NY 12235 Re: McBRIDE toTOWN OF SOUTHOLD SCTM#10,00-83.2-16.2 Dear Ms. Tylutki: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A.Russell,Richard James McBride and James Michael McBride at a,. closing held on December 18,2018 for a development rights easement on farmland identified as part'of SCTM#1000-83.-2-16.Details regarding this easement are as follows: GRANTORS: Richard James McBride and James Michael McBride GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 9,201'9 LIBER: D00012996 PAGE: Page 068 LOCATION: 10725 Oregon Road;Cutchogue,NY EASEMENT ACREAGE: 23.755 acres SUFFOLK CO TAX MAP#: fka 1000-083.00-02.00-p/o 016.000 nka 1000-083.00-02.00-016.002 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, QQ'� Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y DIVISION OF LANDS AND FORESTS New York State Department of Environmental Conservation 625 Broadway,5th Floor,Albany,NY 12233-4250 P:(518)402-9405 1 F:(518)402-9028 1 landsforestst9dec.ny.gov www.dec ny gov February 25, 2019 Melanie Doroski Sr. Administrative Assistant Land Preservation Department Town of Southold - - - PO Box-1 179 - - - Southold, NY 11971-0959 Dear Ms. Doroski, We have received in our office the following conservation easement: CE Suffolk 670 Grantor: Richard James McBride and James Michael McBride Deed: D00012996 Page 068 Filed: 1/9/2019 The conservation easement cited above has been identified for our indexing and filing purposes. When contacting this office about this parcel, please use the assigned identifier. Very truly yours, 7 ancyJ . Stock Real Estate Specialist 2 Cil Bureau of Real Property FEB 2 5 �LO19 i DEPT.OF LAND ILLL -> RESERYt;TI�P { s OFFICE LOCATION: MELISSA A. S PIRO *QF $O(/Ty Town Hall Annex LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25 melissa.spiro@tovvn.southold.ny.us (comer of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 �� �Q MAILING ADDRESS: www.southoldtownny.gov CQU � P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February 27, 2019 —- Richard James-McBride-------------------- James Michael McBride 10415 Oregon Road Cutchogue,NY 11935 Re: NYSDEC Conservation Easements Registry CE: Suffolk 670 SCTM#1000-83.-2-16.2 Gentlemen: Please be advised that the Town's purchase of a development rights easement on your parcel referenced above has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier along with a copy of the recorded Grant of Development Rights Easement. You will need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. Very truly yours, I 1 Melanie Doros Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. SPIRO �QF so Town Hall Annex LAND PRESERVATION COORDINATOR �� �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 va �� �Q MAILING ADDRESS: www.southoldtownny.gov - COU � P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov January 14,2019 NYSDEC Bureau of Real Property 625 Broadway,511 Floor Albany,NY 12233-4256 Attention: Nancy Stock,Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry McBRIDE to TOWN OF SOUTHOLD Dear Ms. Stock: Attached please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation.Details regarding this easement are as follows: GRANTORS: Richard James McBride and James Michael McBride GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 9,2019 LIBER: D00012996 PAGE: 068 LOCATION: 10725 Oregon Road,Cutchogue,NY EASEMENT ACREAGE: 23.755 acres SUFFOLK CO TAX MAP#: fka 1000-083.00-02.00-p/o 016.000 nka 1000-083.00-02.00-016.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Richard James McBride James Michael McBride P R O P E R T Y R E C O R D S RICHARD JAMES McBRIDE and JAMES MICHAEL McBRIDE to TOWN OF SOUTHOLD part of SCTM #1000-83.-2-16 now known as SCTM #1000-83.-2-16.2 Total Development Rights Easement— 23.755 acres Total Parcel Acreage — 29.862 acres Reserve Area — 6.107 acres Premises: 10725 Oregon Road, Cutchogue Closing took place on Tuesday, December 18, 2018 at 1:30 p.m., Southold Town Hall Annex JW t b i 1 h Richard James McBride(left) James Michael McBride(right) S�FFO(� OFFICE LOCATION: MELISSA A.SPIROOho caG Town Hall Annex LAND PRESERVATION COORDINATOR h.1. ,j,� 54375 State Route 25 melissa spiro@town.southold.ny.us .t (corner of Main Rd&Youngs Ave) Southold,New York CA Telephone(631)765-5711 Facsimile(631)765-6640 ®y ®�� MAILING ADDRESS: www.southoldtownny.gov �Q( , �� P.O Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: December 18, 2018 Re: McBRIDE to TOWN OF SOUTHOLD Part of SCTM#1000-83.-2-16 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 10725 Oregon Road, Cutchogue SCTM#: part of 1000-83.-2-16 PROPERTY OWNERS: Richard James McBride and James Michael McBride CONTRACT DATE: September 12, 2018 PURCHASE DATE: Closing took place on December 18, 2018 PURCHASE PRICE: $1,603,462.50 (23 755 acres @$67,500/buildable acre) EASEMENT ACREAGE: 23.755 acres TOTAL PARCEL ACREAGE: 29.862 acres RESERVE AREA ACREAGE: 6.107 acres at southerly end of parcel includes a residential dwelling and several ag structure buildings Covenants& Restrictions were recorded to ensure that any future subdivision of the Reserve Area from the farm area allows for a minimum area of 80,000 sq. ft. (1.84 acres)to remain linked to the area of the property subject to the Developments Rights Easement. ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) N E W S A R T I C L E CPF funds used to acquire Cutchogue farmland by Rachel Siford 1 09/18/2018 6:00 AM The Southold Town Board voted last Tuesday to spend$1.65 million to purchase a development rights easement on a Cutchogue farm owned by Richard James McBride and James Michael McBride. "We're lifers out here," James McBride, who attended the meeting, said after the resolution passed. McBride Farms was purchased by his great-grandfather in the mid-1800s,he said. It produces potatoes, cucumbers, cauliflower, sweet corn and cabbage, among other crops. "It's special,you know,"he added. The farm at 10725 Oregon Road comprises about 31 acres,24 1/2 of which will be preserved. The land, on the north side of the road, is zoned Agricultural Conservation. The purchase price amounts to $67,500 per buildable acre. "Whenever we are fortunate enough to buy development rights to farmland, it is always a good investment," Supervisor Scott Russell said in an email. "The voters time and time again have endorsed our developments program with their support for bonds and endorsement of the Community Preservation Fund." The CPF, created in 1998, allows the five East End towns to use money generated by a 2 percent land transfer tax toward open space and farmland protection. In 2016, voters approved its extension until 2050. Money can also be used to fund water-quality improvement projects. Mr. McBride said he initiated the process to preserve the land in May. "The farm includes over 95 percent prime agricultural soils and expands an existing block of 100 acres directly to the east of other preserved active farmland," said Melissa Spiro, land preservation committee coordinator. "This is a really important piece to expand that preserved block." Mr. Russell expressed gratitude to the McBrides for agreeing to preserve their land. "The reality is the town is not preserving this land, the landowners are, and I want to thank Jim and Rich for participating in this process and ensuring that this maintains itself as prime farmland in perpetuity," he said. Mr. Russell said there are several other properties that the town is considering buying, either outright or through development rights. The town would consider any properties that owners have expressed interest in selling, he added. "The landowners have decided that they feel the best use for this is going to be farming from now thereafter and, as a farmer, I find that very heartwarming," Councilman Bill Ruland said. A E R I A L S McBR4 E 83.-2-16 - fr- - oil G+aoe-Earth .�` 9 416 4&6 - • ,- cog� � '-� .. 111 1 1 �y A r' *, 00 Aerial 2016 Ali N. •�MJ Yq •i 'l �. •4 r 1 1 4 t} _i Aerial 2013 Aerial 2010 s r y + E .y s. i y Aerial 2007 r. Aerial 2006 y _ r Aerial 2004 c .q a .i h Aerial 2001 f � Aerial :.; �R y. . Lq Aerial 1978 I Aerial 1962 S U R V E Y SONO D NG �,o GD�a� SUBJECT EN PREMISES 8 9 e Q'42 y, E do L• PR T, E PE Y hroLD jNG 72 24. ► .. y _ — °c e C ROAD) F O�JOREGON ROAD (NORTH KEY MAP SCALE 1 "=1000' SURVEY OF PROPERTY SITUATE S OUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-83-02- 16 SCALE 1 "= 100' AUGUST 22, 2018 TOTAL LOT AREA = 1 ,300,795 sq. ft. 29.862 ac. lop CER TIFIED TO: Town of Southold Richard James McBride •sem+ o���2`'GK' James Michael McBride Stewart Title Insurance `'0 DEVELOPMENT RIGHTS EASEMENT AREA 1 ,034,756 sq .ft. 23.755 ac. 01 o� �a o oma, d 'ter r� cz 0 / / / I � I RESERVE AREA / 10000,y<_ 266,039 sq. ft. SEE DETAIL / ' // 6. 107 a c. 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No. 50467 � � 1 \ D c g0i 11° 1 ESE OF PAVEMENT - • O UNAUTHORIZED ALTERATION OR ADDITION - �— TO THIS SURVEY IS A VIOLATION OF Nathan Taft Corwin iii \ ;o , O lv SECTION 7209 OF THE NEW YORK STATE \ Z 4Z -EGO EDUCATION LAW. / p�A 153-43' 5 3• J O - - COPIES OF THIS SURVEY MAP NOT BEARING Land Surveyor THE LAND 'SQO �, 69040120" - - EMBOSSD SEAL SOHALL INOTDBE CONS ID STO BE A VALID TRUE COPY. \ - CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isaksen, Jr. L.S. ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S. IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys - Subdivisions - Site Plans - Construction Layout LENDING INSTITUTION LISTED HEREON, AND — TO THE ASSIGNEES OF THE LENDING INSTI- PHONE (631)727-2090 Fax (631)727-1727 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16 ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 A E R I A L M A P t rr t A r Tc , v „r r :., Town Town Richard James McBride & Development Development Rights James �s , Michael ���� Rights 1 4` ic ar arnes c ride & A 4 W - L 0 °• .n. °ib f7� Town Town Michael McBrides ��o y >. Development Development , O or • �°` C' ��' n. °� Rights SCTM # 1000 - 3 , -2 - 16 40, Purchase V C" CIO o� *001. o .b n. y O� 9h � Q� fit` 9� • Town Develo men �` t p �s 'sIlly Rights s y Town Development .r z Rights r 410* 40 icy, ♦ ♦ ♦ u.. ♦ �a , o . ♦ ♦ v , ~ Q r fu m. r. m , a S Y O 4 Q ° �i� �0z poi o od .per. s 00 moo/ O fit` o ` o °.b 'AI' j •. - y ma County o �� o 3 •ems s { ,ll Developmen � • Rn%ghats i' 0 10 JAS . p Prepared • COL c Town of • • • Geographic Information - �0 � ayors August ' 2018 °ARDS and Tax Map Copyright 2018, � Suffolk County Real Property Tax Service Agency O Countyof • `��5� ob 'S