HomeMy WebLinkAboutMcBride (2) OFFICE LOCATION:
MELISSA A. SPIRO *rsf 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 �s
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www.southoldtownny.gov MAILING ADDRESS:
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c®Um� P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
RECEIVE®
MAR _. 1 2019
To: Elizabeth A. Neville Southold Town Clerk
Town Clerk
From: Melanie Doroski
Sr. Administrative Assistant
Date: February 28, 2019
Re: McBRIDE to TOWN OF SOUTHOLD
Development Rights Easement— 23.755 acres
SCTM #1000-83.-2-16.2
Premises: 10725 Oregon Road, Cutchogue
Betty:
Enclosed for safekeeping in your office, please find the following documents:
• Certified Copy of Grant of Development Rights Easement dated December 18, 2018
between Richard James McBride & James Michael McBride and the Town of Southold,
recorded in the Suffolk County Clerk's office on 1/9/2019, in Liber D00012996 at Page 068
• Title insurance policy#0-8911-000830589 issued by Stewart Title Insurance Company on
December 18, 2018, in the insured amount of$1,603,462.50 (title no. 7122641)
• Certified Copy of Declaration of Covenants and Restrictions dated December 18, 2018
made by Richard James McBride & James Michael McBride and recorded in the Suffolk
County Clerk's office on 1/9/2019, in Liber D00012996 at Page 069
• Closing Statement
• Closing Memo
Thank you.
Melanie
encs.
cc: Assessors w/ copy of recorded easement & survey
��• o h�: CC# . C19-1559
a
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
EASEMENT
recorded in my office on 01/09/2019 under Liber D00012996 and Page 068 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 01/09/2019
SUFFOLK COUNTY CLERK
JUDITH A.PASCALE
SEAL
J
IIIVIII IIII VIII VIII VIII VIII VIII VIII VIII 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
Deed 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
F1 T2]Number of pages 3� ` Cn, hl
TORRENS _UE-,17" A. PEAS+'A!E
Serial# S1JF70Lr'. °-01«''I Y
L ID,0112 aF
Certificate# r' 06;-5
DTP IP-1
Prior Ctf. #
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES '
Page/Filing Fee Mortgage Amt.
Handling 00 1. Basic Tax
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
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EA-52 17 (County) Sub Total ( or
Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
R.P.T.S.A. (� ®����Gy Dual Town Dual County
—� Held for Appointment
Comm. of Ed. 5. 00 M rans er Tax e
Affidavit m�� �o� � , Mansion Tax
INDE4
Certified Copy The property covered by this mortgage is
or will be improved by a one or two
NY ' urcharge 15. 00 Sub Total '� family dwelling only.
Other YES or NO
Grand Total ! If NO, see appropriate tax clause on
page# of this 1qstru nt.
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4 jDist. 19000780 loon, 08300 0200 016002 ego(, 5 Community Preservation Fund
Real Props P T S
Tax Servic P CWH �+ I I�I�I III�II �I®I�I I �► Consideration Amount -® 0410
Agency 08-JAN-1 11 1� 1111 P ax Due
Verificatic �`� $ v=w r
- Improved
Vacant Land
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: TD
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gp� f 7 Title Company Information
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Title# 2 2L4 I
8 Suffolk County Recordin & Endorsement Page-
This
page forms part of the attached ��n��� (�Ib m,+ ?16
made by:
(SPECI Y TYPE O INSTRUMENT)lid The premises herein is situated in
I y SUFFOLK COUNTY, NEW YORK.
f c6 TO In the Township of 6 U i ► ►o
In the VILLAGE � �rr � -
or HAMLET of Oe(
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO R CORDING OR FILING.
(over)
�r
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 �7af�d" II ht h,f 6
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
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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:
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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
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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
cooperation, an inventory of the Property's relevant'features and conditions
(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
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"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.
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The word "Grantor" when used herein shall include all of those persons or
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor and/or
Grantee" when used herein shall include all of those persons or entities.
ARTICLE TWO
SALE
GRANTOR, for of ONE MILLION SIX HUNDRED THREE THOUSAND
FOUR HUNDRED_ SIXTY-TWO AND 50/100 DOLLARS ($1,603,462.50) and
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
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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.
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3.06 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 this 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.
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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.
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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
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the definitions set forth in said laws and/or Code shall preclude a use that is
I permitted under the current law and/or Code.
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 improvements 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.
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C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the 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 all 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 to this,Easement, without modification
or amendment of the terms of this Easement,.and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
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
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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, arising 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
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
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
l
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reason able '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
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or 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
7.02 Amendment
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
7.04 Severability
Any provision of this Easement restricting Grantor's 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
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:
Richard James McBride, Seller
By:_,
James Michael McBride, S Iter
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
RSR
BY: '' ����� 1 woMVA La I-hum, she(.ti l�ell �
Scott A. Russell, Supervisor ODD bin 00ACtra(01(.L�
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STATE OF NEW YORK)
COUNTY OF SUFFOLK), SS.•
On the 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%ffice of individual taking acknowledgement
TARA M.DOWD
Notoy Pubk State of New York
STATE OF NEW YORK) Reg.No.01 D0607W7
CoUnty
COUNTY OF SUFFOLK), SS: Co���E o o'j,'�
On the lAday 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%fce of individual taking acknowledgement
TARA M.DOWD
Notary Pulft,State of New York
Reg.No.01°06070607
QualfW in Sufiodk County
STATE OF NEW YORK ) DO" ion Expi;"es=0" ° /
COUNTY OF SUFFOLK ) SS.
'
On this 1'�%ay 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, /
[CO
SignatureloffiWofindividual taking acknowledgement
TARA M.DOWD
Notary PWA,- Stale of New York
Reg.No.01 D06070607
20 coed in Suffo6k Coz4
corTtinission Expires 03f04= z--
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 H 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 1 of 3)-
"r ewa ` title 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 Zuboski,South 44 degrees 28
ininutes 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 premises to the center lines thereof.
Schedule A Description(Page 2 of 3)-
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ALTA Owner's Policy(06-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
stewart flu
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:
41V
ttsu
.. _
POOR 'o
John Frattvw
1987 President and General Counsel
v''•.t'yy.YO -Z��
l Craig Gol(es
n erg
Division P ' ent
�er�ise rra;;ex
SQcr�tar±t
If you want Information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800433-0014. If you make a claim under your
policy,you must furnish wntten notice in accordance with Section 3 of the conditions. Visit our Word-Wide Web site at htto•//www StewartNewYork.com
Serial No.: 0-8911-000830589
File No.:7122641
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 (ii) 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 prior 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 building 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
(ii) 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 authonty 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: (ii) 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 and 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 U) "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 (r) 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(u)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,attorneys'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 (u) 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
11 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
(ii) 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 Tale 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 claims or controversies of other persons. Arbitrable
(1) 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 ansing 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 ansing out of the
and paid. 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 binding 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 Tale,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(i) modify any of the terms and provisions of the policy, (il)
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 18. SEVERABILITY
The Amount of Insurance shall be reduced by any amount the 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,I 01h Floor,New York,NY 10017.
recover until after the Insured Claimant shall have recovered its
loss.
11 Serial No.: 0-8911-000830589
File No.: 7122641
6 Policy Number: 0-8911-000830589
SteWan t1t10
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 12/18/018 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 e part hereof.
District: 1000 Section: 083.00 Block: 02.00 P/O Lot: 016.000
- Schedule A Certification�I age 1 of 1) -
stewart M ° Policy Number: 0-8911-000830589
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
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
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 mil i 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 1tio 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) -
ste w�vYG�rt }it1tcs Policy Number:0-8911-000830589
4. 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
i
expenses that arise by reason of:
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 1111 Half Town and School Taxes, as a lien not yet due.
-Schedule B Part I(Page 1 of 1) -
SteWart rdi Policy Number: 0-3911-000330539
Date of Policy: December 13, 2013
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: �,//1Z
ti
c John Frates
o�'� P�04 President and General Counsel
m �
1987 4
Morif d f31f]ftc o Agent * *
Denise allaux
Secretary
Stewart Title Insurance Company
300 East 42nd St., 10th Fl
New York, New York 10017
STANDARD NEW YORK ENDORSEMENT(7/01/12)
FOR USE WITH ALTA OWNER'S POLICY(6-17-06)
I
stewart t1t10
Policy Number: 0-8911-000830589
Date of Policy: December 18, 2018
Pile 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 13y: a ���
John Frates
President and General Counsel
a 1987
y(s y�%Y����b
pori ed (51ffic o Agent *$t*
Denise arraux
Secretary
Stewart Title Insurance Company
60 East 42nd St., Suite 1260
New York, New York 10165
TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016)
' CC# : C19-1560
ti �eP 4�',WtIST'e
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 01/09/2019 under Liber D00012996 and Page 069 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 01/09/2019
SUFFOLK COUNT/Y� CLERK
JUDITH A.PASCALE
SEAL.
�. J
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
111111 VIII VIII IIII IIII
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
Received 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
RECORDED
Number of pages 1019 jar, OQ 04,08:25 pt°1
T>>�t a i1_ 'Fii-i i
TORRENS CLrr
Serial# _UIF OLK COUWT%°
Certificate# 065,
Prior Ctf. #
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES •
Page/Filing Fee Mortgage Amt.
Handling 00
1. Basic Tax
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-'52'17 (County) Sub Total 1J Spec. /Add.
EA-5217 (Sta TOT. MTG.TAX
R.P.T.S.A. ® � ' cc Dual Town Dual County
M Held for Appointment
Comm. of Ed. 5. 00
Transfer Tax
Affidavit ��1,✓�� — �a � , Mansion Tax
P J.S�„9No knQQ�
Certified Copy ' ��� The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00family dwelling on .
Sub Total � ly.
YES NO >
Other
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
4 1 Dist&," 5 Community Preseivation Fund
3791970
Real Property P T S Consideration Amount $
Tax Service R CWFI A II�IIIIII�I�III�IIWII�II�II�
Agency 08-JAN49 CPF Tax Due $
'Verification
Improved
Vacant Land
6 1 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: TD
WOM-e�-J ) Lafham Shea., Kf,ll , Ddbi n, OM(t rd-(6LLP TD
TD
3 est D Si-r�� V
7 Title Company Information
Co. Name
Title# /Z2
8 Suffolk County Recordin & Endorsement Page- ,
This page forms part of the attached j ,cLgra�/' QT G. yCaoa(5 Q,,yid made by:
Rc'chard-arnes (SPECIFY TYPE OF INSTRUMENT)
����� and The premises herein is situated in
MC �f SUFFOLK COUNTY, NEW YORK.
1- TO �Qu�ylO G
ouin of 300&/d In the Township of
In the VILLAGE r y�
`
or HAMLET of w" hb Ul,
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
T v
(
Stat ID: 3791970 CWH A
08-JAN-19
Tax Maps
District Secton ,Block Lot School District V6
1000 08300 0200 016001
1000 08300 0200 016002
V
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made-as of the 181 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"),ea 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 * �u 6.,6,+ 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 I ,
WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement dated December 18, 2,018 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
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
01
By: James Michael McBride, Se ler
J
� r
STATE OF NEW YORK)
) ss..
COUNTY OF SFFOLK)
On the LAd—ay 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 person upon behalf of which the individual acted, executed the
instrument.
Notary Public
TARA M.DOWD
Notary PubK State of New York
Reg.No.01 D06070607
ou ew in&rfbk County
CommiWon F)fres 03104120
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On the%a-y 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.
Notary Public
TARA M.DOWD
Notary Put6fState of New York
Reg.No.01 D06070607
Quat W in Suffotk County
Corrxr"on fires 03104J2 zz
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-ToWn- o j d
stewart i.ruo 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,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 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.
6
Vxh
I
ewartwo+ Title Number:7122641
_ - EASEMENT AREA DESCRIPTION
All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,
aihiate,114ng and being at.Cutchogue.Town of Southold,County of Suffolk and State of New York,
bounded and descxibed as follows:
BEGINNIl'G at a point on northerly side of Oreton 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 11 Inc.,North 42 degrees 24 minutes 02 seconds West 382.8'2 feet to
the True point of BEGINNING.
RUNN71NCY 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 4,5 degrees 31 minutes 12 seconds West.586.90 feet to t:he
point or place of BEGINNING.
FOR OONVEYANC=ONLY:TOGETHER with all right,title and interest of the party oft he first part',of,in and to anystreets and
roads abutting the above described premises to the center Imes thereof.
i
c-
stewart
No Title Number:7122641
SCREDUIE-G- RESERVE AREA DESCRIPTION
e2ll 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,
hounded and described as follows:
BEGINNING at.it 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 preinises described
herein and lands now or formerly of B&C Property Holding 11 Inc.North 4 2 degrees 24 minutes 02
seconds West 382.82 feet to a point;
RUNNING THI NCE northeasterly North 45 degmes 31 minutes 17 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 ZuhoskL and lands now and formerly of Lucille Zuhoski.South 44 degrees 28
minutes 48 seconds Cast 6.51.97 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 feat,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;
RUINWNG 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 premisesto the center lines thereof.
a11BJ[Ci �
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2. 724
XEY,K 4f.4P
a,
SURVEY OF PROPERTY
SITUATE
SOUTHOLD
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 aq fl
29 852 ae.
y
Lanri..0
"34b}a Tn'cnA,a amn'Ws
Jeva.M.NvN Y<9'lorifA
DEVELOPMENT RIGHTS EASEMENT AREA
1,034,756 aq f1
23 755 ac
*lv_
4
RESERVE AREA
/-/ '✓ 266,039 sage ff.
BgCETAL- / 6.107
SCALE 1"=40' � �\
b ^<
g�
OAD
OR>:GO'� R
�4•`.% ooT� ROAD _ ,, m Nathan Taft Corwin N
ORF' Land Surveyor
L'd S 69'40'20" _r ,nm::$1G'!."..
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)
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
a VENDOR 011792 LARK & FOLTS 12/18/2018 CHECK 137945 #
A is
' FUND & ACCOUNT P.O.# INVOICE DESCRIPTION 'AMOUNT
i
CM .8660.2 .600.100 121818 MCBRIDE-23.755A DEV RG 1,603,462.50
TOTAL 1,603,462.50 I �+i
1h
i
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t I h''1181 1 1 X5.4^.
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,1
TOWN OF SOUTHOLDAUDIT, 12/3,8-/18
53095 AIN ROAD,PO BOX 1179 1 11
4r*.I SOUTHOLD,,NY 11971-0959 - CHECK'NO. 137945
THE SUFFOLK CO NATIONAL BANK
} i CUTCHOGUE,NY 11935 DATE AMOUNT ys'}
' 5D-5481214 12/18/'2018 $1,_603,;;4'6,2 .50 '
-'ONE MILLION SIX HUNDRED THREE THO.USAND' FOUR -HUNDRED SIXTY--TWO-"AND 5'0/1°0_Q, _
-DOLLARS
f'1 ; PAY LARK & FOLTS
TO THE
t;at AS ATTORNEYS` _ ns' � f
ORDER -PO, BOX 973'
CUTCHOGUE NY 11935
14
`as , 11" 13794511' 1:02 '14054G41: 63 000004 Oil' :=>`i
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
r
Thank You
f APR 2 3 2018
S
7 I .1j Vl
F,! GIVEN
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
FEC V
DEPT Of LAND
real estate appraisers and consultants
PRESERVATION
' ' c.-' �.1:-a:.cJJ•'3' l CM
_.. I�' • r:•• ty ! 1_ •'.`Z:r,l`w'i V I I
TOWN OF SOUTHOLD 'fit
i ,t
r
t? VENDOR 005409 ELINOR BRUNSWICK, MAI 05/08/2018 CHECK 135708 i ,i"
A
FUND & ACCOUNT P.O.## INVOICE DESCRIPTION AMOUNT
w
CM .8660.2.500.200 31883 1000-35 APPRAISAL-MCBRIDE PRPRTY'• 2,500.00
I
Yl % TOTAL r 2,500.00 �v
i
Iry
i ' I
'7
, o
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I 1:
" - �-
• � - - - -- - - - - - i•tie?
'� I
a L 0Iffa,MR00 0'':1'l' 0 0 1 o n .? U,a "tri I••
_ TOWN+OF-SOU-THOL]�' `' AUDIT: ,08%T8r� t•— ��
- - '53095 MAIN ROAD;PO BOX 1179 05/
, ••• .••
'SOUTHOLD,NY1197,1'0959'= CHECK NO;. ,.•13,57O;H -
,I THE SUFFOLK CO,NATIONAL BANK- `
I s I '• ,CUTCHOGUE.NY 11935,; DATE AMOUNT'; ,�•-,s
.08' 2`018,'' $2;:50'0.0'0•:'.;X I ar'
= 50-saslzt`a'
I 'TWO, OUSAND�. FI - , _ �,
TH VE HUATDRED''AND -0 0%10 0: DOILIIRS, .' . _
PAY- ELINOR BRUNSWICK, MAI.
i I TO THE ' BRUNSWICK APPRAYSAL`'CORP " 1
SER_ P0-BOX -674
-ROCKVILLE CENTRE NY 11571- Ol 1
13570811 1:0* 21t,05464e. 63 000004 011 _ t
NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice
P.O. BOX 16
Jamesport,New York 11947 Date Invoice#
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
AT 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
E
14 2018
CENT.OF LAND
"RESCRWIT10 fll3l
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
r TOWN OF SO UTHOLD -
, I - I
' t
VENDOR 013975 NATHAN T CORWIN III 12/18/2018 CHECK 137954
�,q t
];i D
FUND & ACCOUNT P.O.# INVOICE^ DESCRIPTION AMOUNT
I
I �
CM .8660.2.6001.100 38-178 MURPHY PROP SURVEY-24 AC 1,500.00
TOTAL 1,500.00
1. J•
.. �, ���," 111 ^s�• -'
'�' { J Y r t {
74
3
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v ,C11
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r
.v•: Y 1 pi
'TOWN OF SOUTHOLD '
AUDIT 12/18/L8
•�; t - •'• - 53095 MAIN ROAD,PO BOX 1179 ••' •
$OUTHOLD,NY 11971-0959 CHECK NO. 137954
' -THE SUFFOLK CO:NATIONAL BANK
SJ i CUTCHOGUE,NY 11935 DATE AMOUNT s 5
50•5461Z14, 12/18/2018'
ONE-'THOUSAND FIVE HUNDRED 'AND 0 0'/10 0 'DOLLARS', ;
lip
''? + PAY NATHAN T CORWIN III
?it TP; TO THE N x
LAND,'SURVEYOR INC.
ORDER PO,'BOX' 16
JAMESPORT NY 11947 j
1111379SLow 1:0 2 140 54641: 63 000004 Olin ; ;r
J7 _
Cashin Technical Services, 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
Southold, NY 11971-0959 Project No: 18CTS.002 ,
Invoice No: 918001 C
Phase I Environmental Site Assessment for property located at 10725 Oregon Road,Cutchogue, NY
SCTM#1000-83.-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
,100.00Total this Invoice $1,100.00
"ECOV
SEP 2 8 2018
DEPT.OF LAND
PRESERV+Ti01v
TOWN OF SOUTHOLD
;i VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 10/09/2018 CHECK 137168 `
A
FUND & ACCOUNT P.O.# INVOICE / DESCRIPTION AMOUNT
I
CM .8660.2.600.100 31894 918001C PHASE 1 ESA-MCBRIDE PROP 1,100.00
I
t i TOTAL 1-1 too.0 0 f^��
� I
' v I - r' *.4 •T-� , ,fie .,
CF
IT-RF." '.� ^ 't,r .+ I•- �'1
I 1 ,LL nt•l. -Fi.�f••-�al--tf „tJ,
1 '3'�'d, t_-fir „T�._i'j_!._^'�5.�,_•��yy'.i� �l,'
_�7 I •.�:� ''�H•i`s'Fc(r' �ktF`'-to!,. v�d-�(^1.=�:, r �
tir-
V17,7 ' ge ti
I � -__ -�w .♦.•ice _a-�`�s7 z:,-r^•�'_ '�
i'.�� I yi,�'_ ''`5j1'.fli�J�:�r.��i:-�Ft'`I^�'+'^ -- i4•
I ,f
1
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' � f
I \ .
I I
- TOWN OF-SOUTHOLD -AUDIT•-t0/09/18•
53095 MAIN ROAD.PO BOX 1179• '
SOUTHOLD.NY 11971-0959' �• - .CHECK NO'.-,13',71.68 i
_ THE SUFFOLK CO.'NATIONAL BANK
CUTCHOGUE,NY 11935, DATE. •-, -,-AMOUNT ,
'
i ;; - - - ,._ _. ;• .-- -. - 10'/09 f 2'OT•B;• ^' I�-1-'100•.00• I '
_
r,ONE^:THOUSAND ON1a,r HUNDRED`'AND '00/20:0 Df)ZLAR'S' , '; P• "� + '
F t' ., - i• _i ' - - F •_ _ r' - - - -r.'- �OSpFFdCxG0 - ,,'-, ` '_♦' - /-- �` � ; '`_�. S I a•, `
IP,AY CA-SHIN TECHNICAL SERVICES, INC o
2'O THE -1-200,_VETERANS'MEMORIAL, HIGHWAY
OOItDER' HAiIPPAUGE "NY;? 1178'8p4,
=' `
1161371E,Bus i:021 ,054E4X 63 0O0OD4 011
z. TOWN OF SO UTHOLD
,
VENDOR 019624 STEWART TITLE INSURANCE CO. 12-t18/2018 CHECK 137995
A
r� FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
I ,
CM .8660.2.600.100 712264101 MCBRIDE—TITLE INS POLICY 6, 718.00
CM .8660.2.600.100 712264101 MCBRIDE—RECRDNG EASEMENT 410.00
y i CM .8660:2.600.100 712264101 MCBRIDE—RECORDING C&R'S 315.00
SS CM .8660.2.600.100 712264101 MCBRIDE—CERTIFIED COPIES^ 150.00 I,y
,,
t _3 TOTAL 7,593.00
410
t r .• +. ��
;S k�• is
n * ¢, ,r• s
I I •,acre+y � I
•� ({'.4 I �Ta'r+. � I .jY'�jj
��
S;4 I ifi
--sr.�—
i ,
a
TOWN OF SOUTHOLD AUDIT 12/18/18
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD;NY-1-1971-0.956CHECK NO., 137
9 95 a
i THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 DATE -AMOUNT
50-546214 12/18/2018 $7',•593 .0.0
i SEMEN. THOUSAND FIVE,HUNDRED-NINETY- THREE ',AND: 00/100 DOLLARS
PAY STEWART TITLE INSURANCE CO. � u°
TO THE
711 WESTCHESTER_AVE, SUITE`3 02
ORDER
OF •°WHITE PLAINS NY_ 10604
111137995ii' 1:0 21L,0546L,i: 63 000004 Oil'
stft ti INVOICE
Title No. 7122641
Real partnem Real poss1N11t1es.T'' Invoice No. 712264101
Invoice Date 12/12/2018 11:39 AM
INFORMATIONCLOSING al'
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 INFORMATION
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 $72500 $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
ste Mart titl Invoice No.712264101
neat partnem tient posslbHlttes`
Additional Fee $150.00 $150.00
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.
RECEIPTS
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 oftitle,,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. Arl ournmenls: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/nvmetro
Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3
White Plains,New York 10604,Attn Accounting
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TOWN OF SOUTHOLD
VENDOR 018784 TARA RYAN 12/18/2018 CHECK 137978
' FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT .
CM .8660.2.600.100 712264;1 TITLE CLOSER FEE-MCBRIDE 150.00
TOTAL 150.00
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TOWN OF SOUTHOLD
.AUDI' 12/18•/18
I _ .53095 MAI -ROAD,PO 60X 1179-' - ,
SOUTHOLD,NY 11971.0959 CHECK NO. "137978 i
THE SUFFOLK CO.NATIONAL BANK ^'
CUTCHOGUE,NY 11935 DATE AMOUNT
60-54E1214 12/ ='S`
18/2018. 15( 00 . k
'ONE H'CJNDRED.-FIFTY AND '00/100 'DOLLARS = „j
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OFFICE LOCATION:
MELISSA A.SPIRO ��O�,O C'pGy� Town Hall Annex
LAND PRESERVATION COORDINATOR 54375 State Route 25
melissa.spiro@town.southold.ny.us ,.G (corner of Main Rd&Youngs Ave)
N = Southold,New York
Telephone(631)765-5711
Facsimile(631)765-6640 MAILING ADDRESS:
www.southoldtownn �0,( �`��
Y-gov 1�I Southold,
sox 1179
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%)