HomeMy WebLinkAboutRoman Catholic Church of the Sacred Heart 1000=9=6.-5=12.5
1.000_-96.-5_-12.9
(f/k/a pa.rt '110 00-96. 5=12.6)
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Development Rghts�--Easement
THE, ROMAN, CATHOLIC 'CHURCH
OF THE SARCRED HEART
to, ,
TOWN OF SOUTHOLD
Easement dated February 26, 2019
Recorded March 6, 2019
Suffolk County Clerk — Liber D00013003, Page 363
SCTM #: 1000-96.-5-12.5 &
1000-96.-5-12.9
(f/k/a part of 1000-96.-5-12.6)
Premises: 3400 Depot Lane
Hamlet: Cutchogue
Purchase Price: S 19550.719.80
(24.6146 acres @
$63,000/buildable acre)
Funding: Community
Preservation Funds
CPF Project Plan: Yes
Total Parcel Acreage: 35.4772 acres
Development Rights: 24.6146 easement acres
Reserve Area: 10.8626 acres
(cemetery)
Zoned: A-C
(Agricultural-Conservation)
Existing Improvements: In January 2019 -
Easement area planted in
nursery stock
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LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, October 27, 2015 at 7:00 p.m.
Town Hall Annex Executive Board Room
Members Present: John Sepenoski, Chairman
Maureen Cullinane Anne Murray
Sam McCullough Eric Keil
Peggy Dickerson
Members Absent: Lillian Ball
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Tim Caufield, PLT Vice President
Luke McKay, PLT Project Manager
Commencement:
• The meeting began at 7:05 p m with six LPC members present
EXCERPT FROM LPC ADOPTED MEETING MINUTES
Land Preservation Applications and Inquiries:
• SCTM #1000-96.-5-12.1 (THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART)
Review of LPC application
Land Preservation Coordinator Melissa Spiro presented background information on LPC application.
The Roman Catholic Church of the Sacred Heart has retained new legal counsel who is providing
Melissa with further information on the proposed project A land exchanged has been authorized
between RC Church of the Sacred Heart (landowner) and the abutting parcel owned by Our Lady of
Ostrabrama which would provide access to farmland from Depot Lane. The landowners intend to
apply to the Planning Board for this lot line modification and to subdivide the area being used as a
cemetery from the area that is currently being farmed
MOTION made by Sam McCullough, seconded by Peggy Dickerson, to direct Land Preservation
Coordinator Melissa Spiro to commission an appraisal for the value of a development rights
easement on the proposed farmland area of SCTM #1000-96.-5-12 1 provided landowners, or its
agent, submits an application to the Planning Board for the proposed lot line modification to provide
access to the farmland
Motion carried 6/0
LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, November 10, 2015 at 7:00 p m.
Town Hall Annex Executive Board Room
Members Present: John Sepenoski, Chairman
Sam McCullough Eric Keil
Peggy Dickerson Lillian Ball
Members Absent: Maureen Cullinane
Anne Murray
J Also present: Melissa Spiro, Land Preservation Coordinator
Bob Ghosio, Town Board Liaison
Tim Caufield, PLT Vice President
Commencement:
• The meeting began at 7:05 p.m. with five LPC members present.
EXCERPT FROM LPC ADOPTED MEETING MINUTES
Land Preservation Applications and Inquiries:
• SCTM#1000-96.-5-12.1 (THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART)
Review of LPC application
Land Preservation Coordinator Melissa Spiro went over her discussion with Mike Amoroso and his
request to amend LPC's October 27, 2015 determination and to instead proceed with appraisal
process prior to making an application to Planning
MOTION made by Eric Keil, seconded by Lillian Ball, to direct Land Preservation Coordinator Melissa`
Spiro to commission an appraisal for the value of a development rights easement on the proposed
farmland area of SCTM#1000-96.-5-12 1.
Motion carried: 5/0
APPRAISAL REPORT
of
The Development Rights Easement of
"The Roman Catholic Church of the Sacred Heart Property"
3400 Depot Lane,
Cutchogue, Town of Southold,New York
a/k/a
District 1000 Section 96 Block 5 p/o Lot 12.003
DATE OF VALIDATION
January 11, 2016
PREPARED FOR
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold,New York 11971-0959
PREPARED BY
Elinor Brunswick, MAI
BRUNSWICK APPRAISAL CORP.
P.O. Box 674
Rockville Centre, New York 11571-0674
INTRODUCTION 1
AERIAL VIEW OF SUBJECT PROPERTY
DEPICTING EASEMENT AREA
A Town
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Map Legend RC Church of the Sacred Heart
Project N
Excluded Area W F
Easement Area
TaxMap s
200 100 0 200 Feet
Suffolk County Real Property Tax
Service Agency AREIS and Tax Map
COPYRIGHT 2015.County of Suffolk,NY
PREPARED BY
MELISSA SPRIG,LAND PRESERVATION COORDINATOR Aerial Photographs Taken from 20131 light
nv w In-
BRUNSWICK APPRAISAL CORP.
INTRODUCTION
PHOTOGRAPH OF SUBJECTPROPERTY
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Facing east on • property
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APPRAISALFacing east at the subject property from Depot Lane
Photographs were taken by Elinor Brunswick on January 11, 2016
BRUNSWICK
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STARKIE BROTHERS
Garden Center, Inc. GEORGE STARKIE
September 6, 2017
To Whom It May Concern:
I have been leasing part of Sacred Heart Parish property for a number of years.
As with any nursery operation,some piles of shrubs and trees that were never harvested have
been piled on the property to allow them to dry. As in years past,we will be responsible for the
removal of this material and if necessary,before we close on the property.
Before we entered the lease agreement with the Parish, an old steel tank has been dumped on
the property. We will remove and scrap the tank before closing. Thank you.
Sincerely,
�A - -- l
George H.Starkie, III
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SEP 2 2 2017
DEPT.OF LAND
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NOM • G. •D(N
SHINPLACE' 721 BRAIN STREET - FARMINGDAL,E,NY 11735 �
516-293-7148 - FAX: 516-293-0865
Phase I
Environmental Site Assessment
3400 Depot Lane
Cutchogue, New York
NP&V Job # 17134
June 19, 2017
CONFIDENTIAL AND PRIVILEGED
E,DD
JUL 10 2017
DER OF LAND
PR£SERVAT10U__
Phase I
Environmental Site Assessment
3400 Depot Lane
1_0 SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC in order to determine potential environmental or public health concerns. This
report is intended to identify Recognized Environmental Conditions (as defined in Standard
Practice for Environmental Site Assessment; ASTM E 1527-13 and United States Environmental
Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the
subject property based on four (4) components of a Phase I Environmental Site Assessment
(ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix
A provides a statement of limiting conditions. Appendix B includes the resumes of key
personnel.
The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk,
New York. The subject property consists of approximately 22.8 acres of the 35.2 acre overall
parcel of undeveloped land, located on the east side of Depot Lane, approximately 1,600 feet
southeast of Middle Road (CR 48). The property is more particularly described'as Suffolk
County Tax Map #: 1000-096-05-p/o 12.3. The surrounding area is densely developed and
contains agricultural and residential uses.
The subject property consists of an irregular shaped, undeveloped parcel of land that has flat
topography throughout the entire property. The majority of the subject property is utilized to
grow landscape specimen bushes and trees with patches of wooded land and underbrush. There
was no evidence of any existing or past structures on the subject property.
Several piles containing debris consisting of wood appear to have been dumped throughout the
subject property. There was also an empty rusted tank of unknown origin observed just east of
the cemetery.
There was no other evidence of any staining, storage tanks, discharge, areas of stressed
vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical
odors, or other such indicators noted during the site reconnaissance.
Sanborn map coverage was not available for the area of the subject property. Aerial photographs
from 1938, 1940, 1947 1954, 1957, 1962, 1969, 1970, 1980, 1985, 1994, 2006, 2008, 2009 and
2011 were reviewed in order to determine if any prior uses occupied the subject property. A
review of the 1938 to 1947 photographs revealed two (2) structures on the west side of the
subject property. All of the remaining aerial photos revealed that the majority of subject
property had been cleared and was utilized for agricultural purposes and remaining area was
wooded land. The surrounding area appeared to be agricultural and residential uses.
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NELSON
POPE 6 VOORHIS.LLC
ENVIRONMENTAL• PLANNING.CONSULTING
3400 Depot Lane,Cutchogue
Phase I ESA
The USGS Mattituck, Mattituck Hills, Riverhead, Sag harbor, Shelter Island, Southold and
Southampton Quadrangle Maps dated 1904, 1947, 1956 and 2013 were reviewed. A review of
the 1904 topographic map revealed that the subject property was improved with two (2)
structures. All of the remaining topographic maps revealed that the subject properly was vacant,
wooded and agricultural land in all of the maps. The surrounding area appeared to consist of
mostly vacant land or lightly developed land in all of the topographic maps, with the Long Island
Sound directly north of the subject property.
An extensive government records search did not identify any sources of environmental
degradation on the subject property. Some Federal, State and County documented regulated sites
were noted in the vicinity of the subject property. Specifically, one (1) Inactive Hazardous
Waste Disposal Sites (IHWDS), one (1) CERCLIS Superfund Non-NFRAP Site, eight (8)
NYSDEC Solid Waste Facilities and no active and twelve (12) closed spill incidents are located
within one-half(0.5) mile of the subject property. In addition, three (3) Petroleum Bulk Storage
(PBS) facilities and one (1) Hazardous Substance Waste Disposal Site located within one-quarter
(0.25) mile of the subject property.
A Tier 1 Vapor Encroachment Condition(VEC) Assessment was conducted as part of this Phase
I ESA, due to the proximity of several spill incidents. The assessment was conducted in
accordance to the methods and procedures, outlined within ASTM E2600-15, Standard Guide for
Vapor Encroachment Screening on Property Involved in Real Estate Transactions.
M For this assessment, under conditions where the direction of groundwater flow can be
ascertained, critical search distances are used to determine if a VEC exists. Specifically, the
following distances are applied to the Tier I Assessment:
Upgradient Sources
1,760 feet for Chemical of Concern(COC)
520 feet for petroleum hydrocarbons
Cross-gradient Sources
365 feet for COC
165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon
sources with plume considerations
Down-gradient Sources
100 feet for COC/petroleum hydrocarbon LNAPL sources
30 feet dissolved petroleum hydrocarbon sources
Review of the regulatory agency database report provided for the subject property revealed no
sites located within the critical distances. Based on the information reviewed, it is concluded
that a VEC can be ruled out.
This assessment has identified the following with respect to recognized environmental
conditions, controlled recognized environmental conditions, historic recognized environmental
conditions and de minimus conditions in connection with the subject property, subject_ to the
methodology and limitations of this report.
ENVIRONMENNTAL�ANNING-CONSLLTmG Page 2 of 28
3400 Depot Lane,Cutchogue
Phase I ESA
Two (2) recognized environmental conditions were noted on the subject property based on the
site reconnaissance, interviews and regulatory agency records review.
1. Two (2) former structures (houses) were located in the west central portion of the subject
property. It is unknown of all of the associated underground structures had been properly
removed when these houses were razed.
2. Several soil and debris piles were observed in the southwest portion of the property.
These piles appeared to have been imported or dumped on the subject property from
outside sources.
No controlled recognized environmental conditions were noted on the subject property based on
the site reconnaissance, interviews and regulatory agency records review.
One (1) de minimus condition' was noted on the subject property based on the 'site
reconnaissance, interviews and regulatory agency records review.
I. There is miscellaneous debris located throughout the subject property.
No historic recognized environmental conditions were noted on the subject property based on the
site reconnaissance, interviews and regulatory agency records review.
M NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope
and limitations of ASTM Practice E 1527-13 and USEPA AAI for the 3400 Depot Lane located
in Cutchogue, New York. Any exceptions to, or deletions from, this practice are described in
Section 11.0 of this report. In conclusion, this assessment has revealed evidence of two (2)
recognized environmental conditions and one (1) de minimus condition in connection with the
subject property, subject to the methodology and limitations of this report.
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NELSON POPE 6 VOORHIS LLC
ENVIRONMENTAL• PLANNING.CONSULTING Page 3 of 28
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3400 Depot La, utchogue
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oo a res oun on east se o property Wooded with underbrush
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Subject property facing south Wood debris found in middle of property
3400 Depot Lai ftutchogue
Wood debris on south side of property by cemetery Open field facing north of subject property
Wooded debris found in center of property Open field facing west
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° s RESOLUTION 2017-485
F
a`3pa� ADOPTED DOC ID: 13070
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-485 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MAY 23,2017:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, June 6, 2017, at 7:32 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearinJ4 for the purchase of a
development rights easement on property owned by The Roman Catholic Church of the
Sacred Heart, at Cutchogue. Said property is identified as part of SCTM #1000-96.-5-12.3.
The address is 3400 Depot Lane in Cutchogue. The property is located in the Agricultural-
Conservation (A-C) Zoning District and is situated on the easterly side of Depot Lane
approximately 1611 feet south of County Road 48 in Cutchogue, New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 23±acres (subject to survey) of the 35.5± acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per
buildable acre, or approximately $1,449,000 (one million four hundred forty-nine thousand
dollars) for the 23f acre ea$ement plus acquisition casts. Purchase price may be adjusted-at time
of closing based on final survey acreage determination.
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours. ,
Elizabeth A.Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Robert Ghosio, Councilman
SECONDER:Louisa-P. Evans, Justice
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of
the Town of Southold hereby sets Tuesday, June 6, 2017, at 7:32 p.m., Southold Town Hall,
53095 Main Road, Southold, New York as the time and place for a public hearing for the
purchase of a development rights easement on property owned by The Roman Catholic
Church of the Sacred Heart, at Cutchogue. Said property is identified as part of SCTM
#1000-96.-5-12.3. The address is 3400 Depot Lane in Cutchogue. The property is located in the-
Agricultural-Conservation (A-C) Zoning District and is situated on the easterly side of Depot
Lane approximately 1611 feet south of County Road 48 in Cutchogue,New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 23f acres (subject to survey) of the 35.5± acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand,dollars) per
buildable acre, or, approximately $1,449,000 (one million four hundred forty-nine ,thousand_
.dollars),for the'23f acre easement plus acquisition costs. Purchase price may be adjusted'at time
of closing based on final survey acreage determination.,
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that,a more-detailed description,of the above'mentioned
parcel of-land is.on';file in Land Preservation Department,,Southold Town Hall Annek;•54375-r
Route 2.5;;Southold, New York, and may be examined by any interested person,during business.
hours.
Dated: May 23, 2017BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A.Neville
Southold Town Clerk
Please publish on June 1,2017 and forward one affidavit of publication to Elizabeth A.Neville,
Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
SOUTHOLD TOWN BOARD
PUBLIC HEARING
June 6, 2017
7:32 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Attorney William Duffy
Town Clerk Elizabeth Neville
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This hearing was opened at 7:54 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday, June 6, 2017, at 7:32
p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for
a public hearinIZ for the purchase!of a development rights easement on property owned by
The Roman Catholic Church of the Sacred Heart, at Cutchogue. Said property is identified
as part of SCTM #1000-96.-5-12.3. The address is 3400 Depot Lane in Cutchogue. The property
is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the easterly
side of Depot Lane approximately 1;611 feet south of County Road 48 in Cutchogue, New York.
The proposed acquisition is for development rights easement on a part of the property
consisting of approximately 23± acres (subject to survey) of the 35.5± acre parcel.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the ! property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $63,000 (sixty-three thousand dollars) per
buildable acre, or approximately $1,449,000 (one million four hundred forty-nine thousand
dollars) for the 23± acre easement plus acquisition costs. Purchase price may be adjusted at time
of closing based on final survey acreage determination.
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The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
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DRE-RCC of the Sacred Heart Public Hearing
June 6, 2017 page 2
hours.
I have a signed affidavit that this has been published and noticed by the Town Clerk's office and
a copy of the legal notice from the Suffolk Times. I have a memorandum from the LWRP
coordinator that this action is consistent with the policy standards of the LWRP and therefore, it
is consistent. I have a memorandum from the Planning Board, this action has been reviewed to
Chapter 130 Environmental Quality Review of the Southold Town code and it is the
recommendation that the Town Board as lead agency issue a negative declaration for this
unlisted action pursuant to 6 NYCRR Part 617, section 617.7 of the State Environmental Quality
Review Act. And that is it.
SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular
local law?
MELISSA SPIRO: Good evening, Melissa Spiro, Land Preservation Coordinator. As noticed,
the public hearing is for the town to acquire development rights easement for Ag purposes on
approximately 23 acres. The current 35 acre property includes two distinct uses. About 23 acres
of active farmland and about 12 acres of an active cemetery. The Church, after deciding that an
expansion of the cemetery was not necessary, offered to sell the development rights on the 23
acres of farmland. The Church intends to apply to the Planning Board to subdivide the cemetery
from the farmland. This will result in two separate parcels. The existing cemetery and the 23
acres of farmland which is the subject of this hearing. The farm is shown outlined in red on the
map in front. The ones with the white labels indicate farms protected by the Suffolk County
program or the Town farm program. Preservation of the 23 acres adds to a large block of
preserved farmland. Within the area from the subject farm to Cox Lane, the road to the east and
between 48 and the Main Road there are over 185 preserved farmland acres. If we go further to
the east crossing Cox Lane to Bridge Lane, that adds about 200 acres more to that block. The
subject farm is all prime for good agricultural soils. The farm is on the town's community
preservation list of eligible parcels, the acquisition will be funded by the CPF and the final
purchase prices is going to be based on a survey after they do the subdivision and the purchase
price will be calculated at $63,000 per acre. Preservation of the farm is supported by the Land
Preservation Committee and the committee recommends that the Town Board proceed with the
acquisition as proposed. In addition, I would just like to thank the Church and the members of
the Church Board the opportunity to preserve this important farmland. Thank you.
SUPERVISOR RUSSELL: Would anyone else like to address the Board on this public hearing?
(No response)
This hearing was closed at 7:58 PM
Elizabeth A. Neville
Southold Town Clerk
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gUfFO(�.COG�� RESOLUTION 2017-534
ADOPTED DOC ID: 13109
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-534 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JUNE 6, 2017:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by The
Roman Catholic Church of the Sacred Heart, at Cutchogue on the 6th day of June, 2017, at which
time all interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-96.-5-12.3. The address is 3400
Depot Lane in Cutchogue. The property is located in the Agricultural-Conservation (A-C)
Zoning District and is situated on the easterly side of Depot Lane approximately 1611 feet south
of County Road 48 in Cutchogue,New York; and
WHEREAS, the proposed acquisition is for a development rights easement on a part of the
property consisting of approximately 23± acres (subject to survey) of the 35.5± acre parcel. The
exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner; and
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $63,000 (sixty-three thousand dollars) per buildable acre, or approximately $1,449,000
(one million four hundred forty-nine thousand dollars) for the 23± acre easement, plus
acquisition costs. Purchase price may be adjusted at time of closing based on final survey
acreage determination; and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of
Eligible Parcels as property that should be preserved due to its agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; and,
Resolution 2017-534 Board Meeting of June 6, 2017
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by The Roman Catholic Church of the
Sacred Heart, at Cutchogue, identified as part of SCTM #1000-96.-5-12.3. The proposed action
has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code
and the LWRP and the Town Board has determined that this action is consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell
ABSENT: William P. Ruland
Updated: 6/6/2017 3:07 PM by Lynda Rudder Page 2
OFFICE LOCATION: �O��o� SOUly®l MAILING ADDRESS:
Town Hall Annex ® P.O. Box 1179
54375 State Route 25 Southold, NY 11971
(cor. Main Rd. &Youngs Ave.) CA �c
Southold, NY 11971 ® �� Telephone: 631 765-1938
C®UNTV,�
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Town of Southold Town Board
From: Mark Terry, LWRP Coordinator
Date: June 1, 2017
Re: Proposed Development Rights Purchase of Properties known as The Roman Catholic
Church of the Sacred Heart, at Cutchogue
SCTM # 1000-96.-5-12.3 Location: 3400 Depot Lane in Cutchogue.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 23±acres (subject to survey) of the 35.5± acre parcel in the
Agriculture Conservation (AC) zoning district.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to
this department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with
the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc: William Duffy, Town Attorney FDIECEJWE
E Q
Melissa Spiro, Land Preservation Coordinator
JUN ® 2 2017
DEPT.OF LAND
PRESERVATION
MAILING ADDRESS:
PLANNING BOARD MEMBERS tF soil P.O.Box 1179
DONALD J.WILCENSKI �� yQIO Southold,NY 11971
Chair OFFICE LOCATION:
WILLIAM J.CREMERS CA C Town Hall Annex
PIERCE RAFFERTY ® 54375 State Route 25
JAMES H.RICH III (cor.Main Rd. &Youngs Ave.)
MARTIN H.SIDORlyCOUNTi��`C. Southold,NY
Telephone: 631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM �'ELAND
E�WD
JUN
To: Town of Southold Town Board
DEPT.OF
From: Mark Terry,Assistant Director of Planning P ESERVATI
Date: June 6, 2017
Re: Proposed Development Rights Purchase of Properties known as The Roman Catholic
Church of the Sacred Heart, at Cutchogue
SCTM # 1000-96.-5-12.3 Location: 3400 Depot Lane in Cutchogue.
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 23±acres (subject to survey) of the 35.5± acre parcel in the
Agriculture Conservation (AC) zoning district.
The action have been reviewed to Chapter 130 Environmental Quality Review of the Southold
Town Code and the New York State Department of Environmental Conservation regulation
6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the
Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6
NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA).
A Short Environmental Assessment Form is attached.
Please contact me with any questions.
Please contact meat (631) 765-1938 if you have any questions regarding the above
1
recommendation.
Cc: William Duffy, Town Attorney
Melissa Spiro, Land Preservation Coordinator
. 1
Short Environmental Assessment Form
Part I -Project Information
Instructions for Completing
Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification. '
Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
'1
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item.
Part 1-Project and Sponsor Information
Southold Town board
Name of Action or Project:
The Roman Catholic Church of the Sacred Heart Town Purchase of Development Rights Easement
Project Location(describe,and attach a location map):
SCTM#1000-96-5-12 3 3400 Depot Lane,Cutchogue.
Brief Description of Proposed Action:
Town purchase of a development rights easement for purposes of farmland preservation on a part of the property consisting of approximately
23±acres(subject to survey)of the 35 5±acre parcel
Name of Applicant or Sponsor: Telephone: (631)765-1889
Southold Town Board E-Mail:
Address-
Southold Town Hall 53095 State Route 25
City/PO: State: Zip Code:
Southold NY 11971
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
I£Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ F]
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes,list agency(s)name and permit or approval: ❑
3.a.Total acreage of the site of the proposed action? 23+/- acres
b.Total acreage to be physically disturbed? 0 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 35.5+/-acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) m Industrial m Commercial m Residential(suburban)
❑Forest mAgriculture EJ Aquatic W1 Other(specify): cemetery
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a.A permitted use under the zoning regulations? ❑ ❑ ❑✓
b.Consistent with the adopted comprehensive plan ❑ ❑✓ ❑
6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑ ❑✓
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify: ❑✓ ❑
8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES
❑✓ F-1-
b.
b.Are public transportation service(s)available at or near the site of the proposed action? ❑
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? EZI ❑
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:
Not applicable Z ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: � ET
Not applicable
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑
Not applicable
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? ❑
b.Is the proposed action located in an archeological sensitive area? El
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? 0 ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Z ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑Forest m Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? W1 ❑
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes, Z ❑
a.Will storm water discharges flow to adjacent properties? [:1 NO DYES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO DYES
Page 2 of 3
IS.Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g.retention pond,waste lagoon,dam)?
If Yes,explain purpose and size: ❑ ❑
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe: Z ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe: Z
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponso nam Meiiss Spiro Date: 5/24/2017
Signature:
PRINT FORM Page 3 of 3
C
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T
CLOSING STATEMENT
THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART, AT CUTCHOGUE
to TOWN OF SOUTHOLD
SCTM #1000-96.-5-12.5 & part of 12.6
Total Development Rights Easement— 24.6146 acres
Total Parcel Acreage — 35.4772 acres
Area to be Subdivided — 10.8626 acres (cemetery)
Premises: 3400 Depot Lane, Cutchogue
Closing took place on Tuesday, February 26, 2019
at 2:00 p.m., Southold Town Hall Annex
---------------------------------------------------------------------------------------------------------------
Purchase Price of $ 1,550,719.80 (based upon 24.6146 buildable acres @
$63,000 per buildable acre) disbursed as follows:
Payable to The Roman Catholic Church of the Sacred Heart
Check #138667 (2/26/2019) $ 1,550,719.80
Expenses of Closing:
Appraisals
Payable to Brunswick Appraisal Corp. $ 21500.00
Check #128134 (4/5/2016)
Survey
Payable to John C. Ehlers, Land Surveyor $ 3,500.00
Check #138319 (1/29/2019)
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC $ 1,250.00
Check #132926 (7/18/2017)
Title Report #ST17-30024
Payable to Stewart Title Insurance $ 7,004.00
Check #138663 (2/26/2019)
Title insurance policy $ 6199
Continuance $ 150
Rec easement & cert copy 655
$ 7004
Title Closer Attendance Fee
Payable to Robin Curran $ 150.00
Check #138572 (2/26/2019)
Those present at Closing:
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Scott Russell Southold Town Supervisor
Michael Amoroso, Esq. Attorney for Seller
Rev. Monsignor Joseph Staudt Representative for Seller
Elaine Villano Representative for Seller
Robin Curran Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Sr Adm Asst
3.
TOWN OF SO UTHOLD
VENDOR 001880 THE ROMAN CATHOLIC CHURCH OF 02/26/2019 CHECK 138667
FUND & ACCOUNT P.O.# INVO CE DESCRIPTION AMOUNT
CM .8660.2.600.100 0'22619 24.6146 ACRES DEV RIGH 1,550, 719.80
I
' I
� I
TOTAL 1,550,719.80
t; I
��_r,
Y•'�' ]f SAL - :.!I'I,.,{11aT,�'' Ny�3.+»}(r•.Y'. ��;ai2.�"e _,T' R, - - - -- - - - -- - - I
kv
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xcs..'"=;.'s,.,.�Ixa".c;`_,'t-::��'+'-:� .y•- 1: i.,.
/ 'i '��';�M1I•i�'r?;,.�,x�y v'C`,�,i'';';;err?, ..,�,-�'krx't.� ;' µ=- ,
- I"•' �S.,.f �t,.,,rr;z��:•�':s�y,± u,' �.�t,,,r+'-:�Y
''cx1' - � - --.i:'— '•tri' \ �^?�';
1
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• I k:<t.:.� 'v. ,n �' �"J +. l:.! `i:'1..s��3 `��l.c�.l�'����, +�.,,_< 'v t.,"' �,rw�•= �-�y- ,
TOWN OFSOUTHOLD ' AUDIT =02/26/19 '
53096,MAIN ROAD,PO'80x 1179, .
SOUTHOLD,NY 11971.0959 'CHECK 'NO. 13 667,
' rl
-THE SUFFOLK CO.NATIO
CUTCHOGUE,NY-11935 NAL BANK'. DATE` 'AMOUNT
50•546/214 : 02/26/2019' $1550,-719''.80
, ,,ONE .MILLION .FIVE'HUNDRED, FIFTY- THOUSAND' SEVEN -HU=AED 'NINETEEWAND '80/100'
'
% DOLLARS
PAY THE' ROMAN :CATHOLIC CHURCH OF
TD TIDE 'THE SACRED'HEART'
ORDER 27905 MAIN'-ROAD, \PO BOX', 926 • �4A - s
CUTCHOGUE NY 11935
Ila I31B66TIM 1:0 214bsL. 6It.JJ: 63 000004 0JI°
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P.O.Box 674
Rockville Centre,New York 11571-0674
(631)421-2344
FAX(631)424-9246
E-Mail:elinor@brunswickappraisal com
Sanford S.Brunswick Armand Brunswick,MAI
Elinor Brunswick,MAI 1881-1960
State Certified General Appraisers
March 2, 2016
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: Development Rights Easement Acquisition
The Roman Catholic Church of the Sacred Heart Property
1000-96-5-12.003
Cutchogue,New York 11935
INVOICE
Real Estate Appraisal $2,500
Thank You
MAR - 3 2016
DEPT.OF LAND
PRESERVAPON
----••------... --------------....... _...... --------•--'-- ---•--•-.
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 04/05/2016 CHECK 128134
FUND & ACCOUNT P,O.# INVOICE DESCRIPTION AMOUNT
1
_ I r-
CM .8660.2.500.200 ' 29041 030216 APPRAISAL-SACRED HEART 2,5001.00
CM .8660.2.500.200 29042 03021:6A APPRAISAL-PINDAR-DEV RTS 3,000.00 _
I TOTAL 5,500.00
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JOHN C. EHLERS Invoice
6 East Main Street
Riverhead, NY 11901 Date Invoice#
Phone: 631-369-8288 1121/2019 2008448
Fax: 631-369-8287
Bill To Your Client
Town of Southold
Department of Land Preservation
54375 S R 25
Southold,N.Y
SCTM# My Job#
1000-140-3-5 12-123
Date of Service Description Amount
1/22/2019 Current survey of 24 6146 Acre Develoment Rights Easement 3,500.00
as surveyed out of 35 Acre Parcel 12.3 and shown on a yet to
be filed subdivision Plat for RCC Sacred Heart
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JAN 2 2 °)UiS
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DEPT QF LAPID
Total $3,500.00
Payments Applied $0 00
Balance Due $3,500.00
PLEASE MAKE CHECK OUT TO JOHN C. EHLERS:
f TOWN OF SOUTHOLD
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VENDOR 005320 JOHN C. EHLERS 01/29/2019 CHECK 138319 , (,
tt FUND & ACCOUNT P.O.# INVOICE DESCRIPTION ` AMOUNT
�I CM .8660.2.600.100 31893 2008448 SACRED HEART-DEV EASMNTS 3,500.00 '
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TOTAL 3,500.00 i
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TOWNOFSOUTHOLDf; '+ AUDIT 0]/.29/19-
.i .53095 MAIN-ROAD,P.O BOX 1179', •I
1 + sourr,olo,NY 1191-0959 ',CF-TECK''N0. 1'3,8319 ,
0 K C0:NATIONAL BANK'
THE SUFE L
p CUTCHOcuE,NY 11936 DATE: AMOUNT ;
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5b_ ' - ._ _'b1 29 201'9•,; ::,.,,-; 3-'500 •0;0• '�:•,
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" ' l7TIiREE THOUSAND 'FIVfi :HilIVD12ED 'AND 00/1(10'DOIILAFZS'
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PAY, JOHN'C. EHLERS
EAST 'MAIN ' TR e 1' _ , �. v� a , :, 11•Tl
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ORDGR'�.2;I2iIVEF2H) AD�I�1'�'11.90-1 vy • �`C. r 4+ `a' i 1:�1 ,
11. 1'3 8 3 1911' 1:0'2 14 0 5 4 6 4 is
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Invoice Nelson Pope&Voorhis, LLC
572 Walt Whitman Road
Melville,NY 11747
(631)427-5665
June 30,2017
Melissa Spiro Project No: V17X414.001.000
Town of Southold Dept of Land Presery Invoice No: 14747
Town Hall Project Manager Steven McGinn
53095 State Rt 25,PO Box 1179
Southold,NY 11971
Project V17X414.001.000 3400 Depot Lane,Cutchogue
Professional Services
Phase SA Site Audit
Task 1300 Phase IESA
Contract dated May 18,2017
Phase I Environmental Site Assessment
Fee 1,250.00
Total this Task $1,250.00
Total this Phase $1,250.00
Total this Invoice $1,250.00
G°�C�C�(� 1� ]JUL10 2017
DEPT.OF LAND
PRESFRVJII ION
All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days
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TOWN OF SOMOLD _
VENDOR 014161 NELSON POPE & VOORHIS, LLC 07/18/2017 CHECK 132926
A ,
FUND & ACCOUNT P.O.# _,INVOICE DESCRIPTION AMOUNT
\' CM .8660..2.600.100 I 30862 14747 PHASE 1 ESA-SACRED HEART 1,250.00
TOTAL 1,250.00
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TOWN OFSOUTHOLD AUD2T;'o7/le-/,ia ';'=t.,.. -
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` - - SOUTHOY D,-NV'1-1971-osss`. • - ,, CHECK NO '13 2 9.2.6-,
THE SUFFOLK CO.NATIONAL BANK `• DATE, AMOUNT„ r r
„ CUTCHOGUE,'NY 11935 _
$1';-25'0 &0' r1,
50-545/214
ONE THOUSAI7D TWO `HUNDRED FIFTY AND 00/100 DOLLARS ' : .
pAy NELSON'POPE '& VOORHIS,, LLC
j TO THE.''53 2 WALT WHITMAN„ROAD
ORbER-'- -;MELVIliLE NY'-117x7-'
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INVOICE
INVOICE NUMBER: 33872 DATE: 2/21/2019
TITLE NO.: 1730024 TITLE CLOSER: Curran,Robin
APPLICANT/CL'IENT: Southold Town-Dept.of Land CLOSING DATE/TIME: 2/26/2019 2:00 PM
Preservation CLOSING LOCATION: Southold Town-Dept.of Land
LENDER'S ATTORNEY: NONE Preservation
SELLER'S ATTORNEY: Certilman,Balin,Adler& 54375 Main Road
Hyman,LLP Southold NY 11971
PROPERTY ADDRESS: 3400 Depot Lane ,Cutchogue NY (631)765-5711
11935 TRANSACTION TYPE: Development Rights
District: 1000 Section:096.00 Block:05.00 Lot:p/o SALES PRICE: $1,550,719.80
012.004b COUNTY: Suffolk
District: Section: Block: Lot:012.005 PROP TYPE: Vacant
PURCHASER/BORROWER: Town of Southold
SELLER(S): The Roman Catholic Church of the Sacred Heart,at
- Cutchogue
zill 15
ME
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PREMIUM:
Fee Insurance(Liability Amount:$1,550,719.80) $6,199.00 $6,199.00
ENDORSEMENTS:***
(ALL$25 ENDORSEMENTS INCREASING TO$50.00
AS OF 4/8/2018
SEARCH FEES:
Contins(Pre-Closing) $15000 $150.00
Title and Tax Continuation X2 to Update Report'
7
RECORDING FEES:***
(Please add$5 for each add']pg if greater than pg count
shown
Recording Fees $655.00 $655.00
Grant of Development Rights Easement(23 pgs)
TP-584
(Includes AddI Lot Fee of$200.00 for 2nd lot)
PLUS
Certified copy of above Easement(Please obtain when
resented for recording)
TAXES:(TRANSFER/MANSION/MORTGAGE)
NYS Transfer Tax(usually paid by seller) - NOTE:
PENALTIES&INTEREST WILL ACCRUE IF NOT
RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE
OF DELIVERY.($6,204.00)
EXEMPT-See Exemption claimed on transfer form
Peconic Bay Regional Town Transfer Tax($29,514.40)
EXEMPT-See Exemption claimed on transfer form
ADDITIONAL:
Additional Fee($250 00) **
Title Closer Services
NOTE.Please pay directly to closer.
SUBTOTAL: $7,004.00 $7,004.00 $0.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $7,004.00 $7,004.00 $0.00 $0.00
*Taxable at 8 625%.
RECEIPTS
CHECKS PAYABLE TO STIC• AMOUNT. DIRECT CHECKS PAYABLE TO OTHER. AMOUNT
Page 1 of 4
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TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 02/26/2019 CHECK 138663
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT hie
CM .8660.2.600.100 ST17-30024 TITLE INS.-SACRED HEART 6, 199.00
CM .8660.2.600.100 ST17-30024 CONTINUANCE-SACRED HEART 150.00
CM .8660.2.600.100 ST17-30024 REC.EASEMNT-SACRED HEART 655.00 k=�'
{ „ I. TOTAL 7, 004.00
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TOWN OF SOUTHOLD AUDIT 0-2/26/19
53095 MAIN-ROAD,PO BOX 1179•
SOUTHOLD.NY-1.1971-0959 CHECK 'N0: 138663 '$
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THE SUFFOLK CO'NATIONAL BANK
CUTCHOGUE,NY 11935 r DATE AMOUNT
50-548/214 - 02/26/2019 ,- $•7;;0D4.0.0 %1
SEVEN -THOUSAND FQUR AND '0 0/-10 0 DOLLARS
PAY STEWART TITLE INSURANCE CO.
Tor" ;711,W STCH3STER_AVE, $tTITE 3 02 =�
ORDER WH 'i8•
OF, •;PLAIkS;'NY_ 10604 y ,
Il' 13866311° 1:0 -2 14054641: 63 000004 Oil'
TOWN OF SOUTHOLD
VENDOR '003713 ROBIN CURRAN 02/26/2019 i CHECK 138572 ; {
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FUND ,& ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
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CM .8660.2.600.100 ST17-30024 TITLE CLOSER—SACRED HRT 150.00
' TOTAL 150.00
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TOWN OF SOUTHOLD AUDIT 02/26/14,
i ` •- - 53095-MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 11971-0959,' CHECK NO. 1'38,,5-72"
THE SUFFOLK M
CUTCHOGUE,NY 11935 NAL BANK' DATE AMOUNT-
50-5ns;zra 02/ 6/201.9
"ONE- HUNDRED 'FIFTY<•AND •00%100 DOLLARS I-, �"•' ;n _
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PRY ROBIN CURRAN,= ;
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 03/06/2019 s
Number of Pages: 24 At: 04:29:15 PM i
Receipt Number : 19-0046097
TRANSFER TAX NUMBER: 18-25383 LIBER: D00013003
PAGE: 363
District: Section: Block: Lot: ;
1000 096. 00 05 .00 012 .005
EXAMINED AND CHARGED AS FOLLOWS
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' Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $120 .00 NO Handling $20.00 NOv
COE $5. 00 NO NYS SRCHG $15.00 NO j
TP-584 $5 .00 NO Notation $0 .00 NO
Cert.Copies $30 .00 NO RPT $400 .00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO
Fees Paid $595.00
TRANSFER TAX NUMBER: 18-25383
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
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DT# IR-25,387
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Deed/Mortgage Instrument 31FEES �
-Page/FilingFee Mortgage Amt.
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1.Basic Tax
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Affidavit `
The property covered by this mortgage is
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Grand Total __� �
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9007131
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Tax Service
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Verificatio
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RECORD&RETURN TO: Vacant Land
33 TO
TD
Mail to:Judith A.Nscale,Suffolk County Clerk 7 'Title Company Informa'flon
310 Center Drive, Riverhead, NY 11901
Ff
8 Suffolk County Recording,& Endorseiment'Page
This page forms part of the attached 6f M�4 A14 'FAZ*,Aj —made
fftz fpmg6 afkAr- Ch" -',The premises herein is situated in.
B7-9vt SUFF61_K"COUNTY,KEW YORK.
TO In the TOWN of
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Doc ID: 19007131, ] UPA,
Tax Maps
trio Secton Block Lot School District Sub Division Name
'1000 09600 0500 012005
1000 09600 0500 012009
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GRANLOF"DEVELOPMENT' tTGHT LEAS M'EiUT
/26
RANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
ebruary, 2019 at Southold, New York. The parties are THE
HOLIC CHURCH OF THE SACRED HEART, at Cutchogue, in the
ffolk, in the State of New York with offices at 27905 Main Road,
, Cutchogue, New York 11935 (herein 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").
3
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as
SCTM #1000-96-5-12.5 and part of 1000-96-5-12.6 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 John C.
Ehlers Land Surveyor, dated January 15 and January 22, 2019 (a reduced
'Copy of which is attached.hereto and r»adrr;a pa; h"er�eof and hereinafter
tot ed to as the "Sutvey ; and
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 ,
j e
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this-Easement; and
WHEREAS, the Property is currently used for nursery stock; 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
1
/Grantee
EAS, the Property in its present scenic and agricultural condition
tial and significant value as an aesthetic and agriculturalce it has not been subject to any substantial development; and
EAS, Grantor and Grantee recognize the value and special
the region in which the Property is located, and Grantor and
e, in common, the purpose and objective of protecting and
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 E
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 FIVE HUNDRED r
FIFTY THOUSAND SEVEN HUNDRED NINETEEN AND 80/100 DOLLARS
($1,550,719.80) 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 r
' shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule "A" annexed hereto
3
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 a
respecteto the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit ofthe 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.
I
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
2
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;Grantor's h r6h
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's Report #ST17-
30024, and possesses the right to grant this easement.
'0:02' Granitedrs 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, andother contractual rights which may be necessary or desirable
for the ,preservation and retention of agricultural lands, open spaces and
natural or scenic resources. f
Purpose,
The parties recognize the environmental, natural, scenic, agricultural,
and aesthetic values of the Property and have the common purpose of x
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 Governrnen'tal •Recogriitaon:
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.
O.O'S °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
the present condition of the Property's environmental, natural, scenic,
3
f
/need
l, and aesthetic resources and otherwise to aid in identifying and ;
g such values as of the date hereof, to assist Grantor and
th monitoring the uses and activities on the Property and ensuring
with the terms hereof, Grantee has prepared, with Grantor's F
-, an inventory of the Property's relevant features and conditions
ine Documentation"). This Baseline Documentation includes, but
e limited to, a survey prepared by John C. Ehlers,Land Surveyor,
dated January 15 and January 22, 2019, and a Phase 1 Environmental Site
Assessment dated June 19, 2017 by Nelson, Pope and Voorhis, LLC.
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.
f0.0"6: :FtecitatTon. .
In consideration of the previously recited facts, mutual promises, fi
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;0:i 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
"Town Code" or "Code") now, or as they may be amended, and including the
4
/amen'ded,
of crops, livestock and livestock products as defined in
)-(j) of the New York State Agriculture and Markets Law
re and Markets Law"), now, or as said §301(2)(a)-(j) may'be
provided said amended provisions are inherently similarin nature
ops, livestock and livestock products included as of the date of
ent. No future restrictions in said laws and/or Code or limitation in
ons 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 t
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.
. s
"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_
6 I
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
i
r
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.
The word "Grantor" when used herein shall include all of those persons or
5
E n '
a f
es. Any rights, obligations; and interests herein granted to Grantor
wd/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
t
SALE
GRANTOR, for ONE MILLION FIVE HUNDRED FIFTY THOUSAND SEVEN
HUNDRED NINETEEN AND 80/100 DOLLARS ($1,550,719.80) 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 }
practicesshallbe 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 Town of Southold 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,.0Z Excavation -and:Removal,of.Materialsl 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 from 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
connection with normal agricultural/horticultural activities, all of which shall
6
1P, e prior written consent of Grantee, including but not limited to
f and Preservation Committee.
3.0=3 _Suibcivision
Except as provided in this Section 3.03, the Property may not, be
furth&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,,G4 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.
Wris
3.05 -,`-S
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion'thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
7
f
o
`�k'.U1111tIeS ,
The creation or placement of overhead utility transmission lines, utility
ri.. 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 s
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, or on adjoining properties subject to a development rights
easement or other conservation instrument.
.3`.Q,7 Prohfbited Otes
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 t
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, s
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,9livestock and livestock products included as of the date of
this Easement, shall not be considered a commercial use.
i
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
3
agricultural production be permitted on the Property.
Grantor shall not-establish or maintain a Lawn on the Property.
Hunting is permitted on the property provided it does not interfere
with agricultural production and is conducted in accordance with agricultural
management practices.
8
3
s
1
¢g; `S-L t grill 1Nafiei=
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. t
r' 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").
i
'3:0,9,'Dr61nane
'Thi use;of. fihe Property for a I.ea'eht"rtg-or sewage:disposal field.sYiall be
prohi`bftei�. Tt O u e,'o1 the"Property for-�a drWr age-basib,,or�sump shatl.t'O, +
prohibited; ecept'in,accbrda`nce .v`i"illi` sound.,ag°riycuittara,t management ,
practices 00' in order to,eontrol,-flooding, or-sdil erosion oa ttft Property '
l
'5,10 bevelopm'ent .Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any oche"r., Property shall, be prohit?ited. Grantor hereby grants to
Grantee all existing deVeloprnent rights (and any further development rights
tI'at may be created tip-rough .a t�e_zonfng"'of'the Property)-Oh the Property,,
except for the right;to construct, maintatn and replace any pre=existing
.structures; and tb con'struct_new structuresas:such. rights may be, provided
in Section 4.06, and the parties agree that any other such development 3
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 ovwnership 'in the'Property, some of which are more
particularly described in this,ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.,
9
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
'6ral law. Grantor shaiLhave th&dfghtto use
'applicabJelocal, State, orfed
't v-Ihe'ToWn,
s "I
,p,6rM t-d'b"'
the Pt�� for uses, impro)h��nents and fo'c'-Ivftie
Code, now or in the future, on agricultural lands protected
rights easement or otli&instrument, including, but not limited to
farmstands-,,and' for ddu.ttitional or training programs related to agricultural -
production or activities.
Grantor shall also have the right to use the Property for traditional
.'all usesprovided such recreational uses are conducted for
'at recreational
priv '�-r VeWt- farming, and are
thi�,,-,^p,'e'rs,dh,al ,onjoy.ment ,Of"Gr'aht(J,r, are:compati
with: I , derogate from or defeat the Purpose of
oth"'- --i
erwqe qpnsistentw ,',,, and do not
thTs7�Easement or.dthbr applicable law. These uses shall not be�6ffored or
pr I ded','for commercial purposes, including the commercial gaIn jofGrantor
or others.
4LLadsCOin� Activities
Iv168
Grantor shall have the right to continue the current and/or customary
pruning and grounds maintenance on the Property as
modes of landscaping, tion 0.05. Grantor.r shall
evidenced by the documentation set forth in Sec
have the right to remove or restore trees, shrubs, or other vegetation when
dead, diseased, decayed or damaged or interfering with agricultural
production jo, thin- and prune trees to maintain or improve the appearance
of the property- and to mow the property. Notwithstanding.,the I
Grantor is prohibited from establishing or maintaining a Lawn on the
Property, as set forth in 3.07.
4.05 AcIrfc6liural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
Municipal Law and/or defined respectively in Chapter 70 of the Town Code,
now, or as they may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future restriction in said laws and/or Code or limitation in
10
;4
ef.nitions set forth in said laws and/or Code shall preclude a use that is
under the current law and/or Code.
�errzi.i�tted .
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
conjuiactiori with, seasonal harvests, o' not interfere with agricultural
prirductron;"and:are-,otherwise consistent with and do not derogate from or
defeat the Purpose-ofthis:'Easement :ar other applicable laws.
Notwithstanding the definition of agricultural, production in Chapter 70
of the Town, Code or any successor chapter, sti=Lictur6s shall be prohibited" t
except as set forth in Section 4.06 'hereiri,aOd as -p-fhjitte�d by the Town
Code now or in the future on agricultui`al,10, protected:by a development
rights easement or other instrument, iricluciing but flat limifed to
farmstands. 4
-4 06, 'StructUtes
-A. 'Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by.theTown Code and sul je`ct to review Oy the Town of Southold Land
Preservation torhmittee, 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;
New construction, including drainage
improvement structures, provided such structures are
necessary for and/or accessory to agricultural
' production;
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.
it
a."'.•y.<sx,y<°o<^. , ,Poi:
q:; .:.kEnvtronmental Sensitivity During Cnderrshalll be
i
consistent with
r of any mprovement permitted ereu
10, -
.g; r.
i
-- the.purposes ntended herein, and construction of any such improvement
d.arshall minimize disturbances to theenvironment.
to mitigate any st rmlwatero unoff,
erosion and sediment control m
including but not
ce limited to minimal removalof a ceps routes nimal folr construction
movement of earth and minimal clearaof veetation,n
F
vehicles.
ve ents. In the event of damage resulting =
D. Replacement;of';Impro m
rom.'casualty loss taa"n,exte'nt`�whiich rendeYs repair .of any existing;
f
mei • tsuahtthis- ec 'on
riltrpmit ed ur
imp`rveen s,, - mrog
,9
44,06 imps°cticalr.erection ofJd �structufe"of,compara fe size, use; an pv the raf
design°to:the.damaged str-uc ure;shall, be perrhitted �n kind°and with .: .
:same erieral.i'ocation suljet:fio= e' review;and written approva!`of
Grantee, pUr-sUanfto-6p'plId- ble provisions of the Town Code.
• I
4:07 Nbtice
Grantor shall notify Grantee, in writing, before the construction of any
ermanent or temporary structures as permitted in Section 4.06 herein and
p hcai:ion"s.and obtain all necessary approvals that
shall file all necessary�'ap l
may be required .by:this Easement,or by the Town Code, and shall provide
dbcurrientatfori as;'M- 'be required for such applications.
;4 09 Alleriability•
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 ;
f 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 referen"ce,: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 Eurther Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
z further restricting the use, improvements or structures on the Property. Any
12
a
f
furtherance of the
ch further restrictions shall be consistent with a tdorth in Section 0.03.
general intent and purpose of this Easement as se
iggT- JcLE,FIVE
GFtNTpR'S' GSISATIO,NS,
S;O.i _Taxes oriel Assessments ;
G`rantor`shal! contiriiae to-�pay .all taxes,.�levies.� and as.,.,,,e,_, ;anrlil
liriicipa! charges; wh.i'ch zmay, become a:Remon_ ,e =:
other`goverrnmental or,m;
.Propei'tY,+ncludirig ariy taxes or levies',arrtposed,-fo make hose payrl eri s,
eGl1,.
s,ub'ect , however; to Cra�ntor's right to; grieve or. corite'st sue( assessrn. t
nJ: .-. enfis:and',
Tile failure of Gra"ritor`i+o- pay,all such.�i�axes, levies atjd; assesSCim. ,
dpal .charges,§hall riot. cause an-ralleiiatiaP; of any
other governmental or mUi7i
rights or interests acquired herein by Grantee.
5,02_ :Inde'mnif ation,
Grantor shall indemnify.a cli holed Grantee harmless for any liability,
cos�s,; atforrieys'fees, judgm.onl-s; expenses., ch'arges,or lieris��to Grantee or
ees enfs::oi` irtdependent con i'a`- ors, all of
any of its:fofficersr employ. -a 9 from`in u to the h sical
ons or
which shad( tie reasonable ih =amount;.-arl$i49 1 ry:dui✓ P Y
maintenance or condition of the pr,pegV caused`by Gran itros result ng from
{inactions, or-from any,taxes, levies or assessments upon
'this Easement;,
all of which shall be co
nsidered"Grantor's obligations.
5;03 Third Party GI� aims-
Grantor shall indemnify and hold Grantee harmless for any
nli Grantee
costs, attorneys' fees, judgments, or expenses, charges or tos t
or any of its officers, employees, agents or independent
coritractorserslons l of
or
which shall be reasonable in amount, resulting: (a) from injury to p
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.
I
13
ARTICLE SIX
GR)%NTEE'S ftI`GNTS:
f
6.01 -Entrx'"and-Irispe'ciion
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: Restorat!-od
Grantee-shall have the right.-to,req'iji`e,'thie,Graritorbo restore the
Property to i 1le;condition required by this Easement and to enforce:this;right
by any.action or proceeding:that 'Grantee may,reasonably:deerr► necessary.
However,. Grantor sl• af) not°be,liable.'for any changes-t&the Property
resulting from causes beyond the Gramor's'cor'tfaC,, iiieludin:g,, 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 miti;gate.-significarit,i"njury to persons ,or to the Property or crops,
livestock or livestock produ:cts,resultin,g-froni such causes.,
-b 03 Enforcement Rights:;of.Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be irrade�quate. There"fore, in additioh to,
and not as a limitation of, any otherrights of Grantee hereunder at lava;or in
equity, in the event.any breach; default or violation of aby term, provision,
covenant or obligation on G,rantor's part to be observed or performed
pursuant to this Easement is notcured 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
(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 reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or,
(iii)£` To enforce any term provision, covenant or obligation in this `
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee deems necessary or desirable to
ensure compliance with the terms, conditions, covenants, ;
obligations and purposes of this Easement; provided, however,
that any failure, delay or election to so act by Grantee shall not
be deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reason=able 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 Nati"ee. -
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'INaiyer
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 tl6 Eating"Ithiijel of Easetn erl /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
gpvemmental .erifiitjcj then: thPs,Ebsemertt shall xterrr"—ate:;r N :i�espect:tti the
Propery, :0,p--tions=tllei'eol'so taken ;or condemi ed,.:anci;l he Property sf'all
not be subject.tig,'the_I.imitatlons and' restrictidns:=.of this Easemeritr 'fin su`cht
event, the Grantor, its successors or"assigns, shill :riok be regtaire ,g(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;dfthe
Property. If the condemnation is undertaken, by art entitjr..other thb.n xhe
Grantee, then the remaining portion of the:.coridemnatiori .award;.,h ll :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
J.62 Amendment
This Easement may be amended only,,with the written :cons`ent.Qf
Grantee end cur cent.Grarttoor"and'in accordance with:any : pplicable State
and lo�ai lawn Any such amendment shalt ;fie consister►t with the Purpose of
this'Easem:erit,and-shall comply'"with the Town Code ahtl ariy regulation
prorraulgated' hereunder. and,withjhe,Purpose ofanis Easement, and ,snail `fie
duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement n p
erpeluity-�un&r.Tnternal Reyeque Code §170(h).
The parties agree to amend the promsiaris of'this Easement if such
amendment shall be necessary,,�t0.": fiitle .Grantor-to meet the requirements
of"§;170h). Any such arriendment sha11 apply retroactively in the same
m:arir►er as if such amendment or amendments had been set forth herein.
7,03 'Alien`ation
Grantee hereunder shall be alienated
.
No' pi•'operty'rights:acquired, by. ' _
j except pursuant�'to the pro islons of Chapter.70.df the Town Code or ariy
I
Su>ccessor chapter and other applicable tai is,1 upon the='adoptiort of a local :law
authorizing_the alienation: of said rights;and interest, Folli wi`hg, - public
refererbh_ leOdYs
rafimtory d
heating- darvsions f the
Town of
:Sou
thold. No sub$equent:amendinent of.the p
pro
of. the ,
Town' Cod.e..8hall alter the iiimitations:placed'upon.the al"ienafiion of.those
Tlowni C "rights or interests"which:were;acquired by the Town prior to:'aziy
such'amendment.
forth above,
In addition to the limitations set
Grantee" shall have the
right to transfer all or part of this Easement to any public agency,, or private
that at the time of firansfer is a "qualified
non-governmental organization, rovided that
organization" under §�170(h) of the Internal .Revenue Code, p
:transferee expressly agrees to assume the responsibility imposed on the
Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
i
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.
i
17
f
,,.==�`�0� .severability
Any p>r=,aVision of this Easementrestricting' Grantor's activifiesr which,is
d"etermined to,be,invalid
or- Uri nfor oa bie-by a--'c hot be i;nval dated.:
Irtsteadr,l hat pr-ovision shall.,be:reduced or limited to,whatever'extent, that
court deterrriines.will make it'eoforceabie and effective. Any.oirher provi"s".ion
of ths'Easemett.that is determined for be;invalid or uheriforceable by a;court
shall be severed from the other proVisions;'which: hall, remain enforceable:
and effective.
7,05Goverrima. Laver
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
°ge`g;ardless of any contrary rule of construction, no provision of this
Easement shall be construed_ in favor of one of tle.parties because it was
o.ra`fted-by the.,other a. -s attorney. i�lo alleged ambiguity in this Easement
y _ p, rty:
shall ibe construed against the party whose attorney drafted it. If any
-provision of this,f semebt it: arnbl'guo,us, or,shall be'subject to two or more
would render that provision invalid, then that
interpretatiens,, one of which
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
i Easement as intended by the parties. The parties intend,that this Easement,
which is by nature and character primarily negative in that Grantor has
F 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
i 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-tomm-erEal reporting of this Easement.
18
7.08 Warranties
M The warranties and representations made by the parties in this
Easement shall survive its execution.
T09 "Recordrnct
f
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
`7:1:6 Aeadn s
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 Grant of Development Rights Easement on
the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART,
at Cutchogue, in the County of Su`ff Ik, in the State of New York, Grantor
Byr
Rev. Monsignq, J s'ep W. }audt; Secretary-Treasurer
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOU-'-"'OLD, Grantee
BY:
Scott A. Russell, Supervisor
f
19
-STATE OF NEW YORK)
COUNTY OF SUFFOLK), SS:
On the 26th day of Februaly in the year 2019 before me, the under�igried,personally.
:appearedRev, MonsignorJoseph W. Staudt,personallj>known tome orproved to me on
the basis of satisfactory Mdei�ce to be the iwhose name is subscribed to the
within inshvinand acknotyled to me that he executed the same in his capacity and
that by his signature on the:li?sirutnent, the Jndiirirlual,:or the person upon behalf of which
the individual acted,.&ecuted the instrument.
1 4- 4,
Signator%ce of,individti I taking acknowledgement
RCIN cuPJRAw;
0a-;Publt .state�sniew
STATE OF NEW YORK ) •Re9,,No,�Oicifs88s7ss
(W&di Cos�gty
COUNTY OF SUFFOLK ) SS.' ?� 'Bxplres:l ebruary ty
On this 26th day of February in the year 2019 before me, the undersigned, ;
Personally appeared'Scott A. Russell, persdriallyknown to me or proved to me on the
basis of satisfactory evidence to be the inc vi dW whose name is subscdbed to the
within instrument and acknowledged tome that he executed'the same in his capacity,
and that by his signature on the instrument, the/ndMdual, or the person upon behalf of `
which the inditdual acted, executed the instrument.
Signator.%ffice ofrridnvidua/"taking acknokylgdgement
ROBIN CURRAN
Notary Public,State of New York
Reg.No.01 CU4888786
Quarried In Suffolk'County
Commisslon Fxplres February 17,20_
20
{
"tie Title Number: ST17-30024
SCHEDULE A—DESCRIPTION
REVISED 1/31/2019
DEVELOPMENT RIGHTS EASEMENT AREA
ADDED 01/31/2018
ALL that cettai i plat;piece or parcel of-land;situate,Ingari i being;at.Cutchogcie,.Tawas of Southold,
County of-Suffolk aiiil, fate of New Yprk,by g-:more.par",iculpxly`bdunded;itd,ciescribedas:,fallows:,
-BEGINNING.at.l:b0obit of:hace'of Be�nang, said poiii l�+ ing.966.74 feet,southerly;from the
intersection of"the Easterly li>ye;4EDcpoi;nine .and the Squtherly line of the Lang Tslanrl•Iail Mond;
RUNNING THENCE from said point,North 42 degrees 33 minutes 26 seconds East,a distance,of 362.68
feet,
THENCE North 62 degrees 29 minutes 51 seconds East,a distance of 55.64 feet;
THENCE North 42 degrees 33 minutes 26 seconds East,a distance of 360.57 feet; ;
THENCE North 47 degrees 31 minutes 37 seconds West,a distance of 825.10 feet to the southerly line of
Long Island Rail Road;
THENCE along the southerly line of the Long Island Rail Road,North 55 degrees 01 minutes 00 seconds
East,a distance of 547.60 feet;
THENCE along land now.or formerly of Glover Growers Inc.and Town of Southold,South 47 degrees 32
minutes 00 seconds,Ea'st;a distance,of 1,377.03 feet;
THENCE along land now or formerly of Joan Jenkins and Robert Jenkins and Town of Southold,the
following three(3)courses and distances:
I) South.45 degrees 0$:minutes 55 seconds West;adistance of 4('x1.74 feet;
2) .South 44 degree's.51°minul:es 05 seconds East,a distance of 130:00 feet;and.,
.3) South 45 degrees 08 nlinut:es 55 eeonds yVesL;.a distanee'af'45�1.3£i feet;
THENCE along'land nnw,or-formerly of RomcA'CdtAholic Church of Our Lady of Ostrabrama, the
following four(4) courses and distances:
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 1 of 2)-
l Title Number: ST17-30024
1) North 43 degrees 47 minutes 03 seconds West, a distance of 706.63 feet;
2) South 46 degrees 12 minutes 57 seconds West,a-distance of 20.66 feet;
3) South 62 degrees 29 minutes 51 seconds West,a distance of 64.46_'eet;ani] z
4) South 42 degrees 33 minutes 26 seconds West,a distance of 356.$7 fektt�;xhe as Side of
Depot Lane;
RUNNING THENCE along the same,North 44 degrees 02 minutes 00 seconds West,50.09 feet to the
point or place of BEGINNING.
Y r
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t
i
3
3
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FOR CONVEYANCING ONLY_TOGETHER with all right,tide 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.
i
Schedule A Description(Page 2 of 2)-
s
i
3
3
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�� JOHN C.EHL M LAND SURVEYOR
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Y
ALTA Owners Policy(06-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
stewart title
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.
f: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;
(ii) 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
(t) a document executed under a falsified,expired,or otherwise invalid power of attorney
(vi) a document not property 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 Lanai.
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 Fisk 5 if a notice of the a nforcement
action,describing any part of the Lanai,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:
John Frates
1987 President and Geral Counsel
Craig GVe
erg
Division ent
i
i Denise CA11raux
Secretary
If you want information about coverage or need assistance to resolve complairrts,please call our toll free number: 114=m433-11014. If you make a claim under your
policy,you must fumish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site.at httnJ/www.StewarftwYork com
Serial No.: 0-8911-000854034
File No.:1730024
COVERED RISKS(Continued)
9. Title being vested otherthan 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 aftemative 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 hen 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 pdorto the recording of the deed orother instrument of transfer in the Public
(b) because the instrument oftransfer 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,orexpenses 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 Claimard 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,
relatirg to (d) attaching or created subsequent to Date of Policy(however,this does
() the occupancy,use,or ergoyment of the Lanai; not modify or limit the coverage provided under Covered Risk 9 and
(i) the character, dimensions, or location of any improvement 10);or
erected on the Lanai; (e) resulting in loss or damage that would not have been sustained if the
(ii) the subdivision of land;or Insured Claimant had paid value for the Title.
(v) 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'nghts 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) Anygovemmental police power. This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of
or limit the coverage provided under Covered Risk 6. this policy.
2. 2.Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created orattaching between Date of Policy and
3. Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed orotherirstrumentoftransfer inthe 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: (i) With regard to(A),(B),(C),and(D)reserving, however,all
(a) "Amount of Iris uranice": The amountstated in Schedule A,as tray rights and defenses as to arty 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. ofthe Public Records orany other records that impart constructive
(c) "Entity":Acorporation,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 inabutting 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 Lard 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; instrumer>t, including one evidenced by electronic means
(C) successors to an Insured by its conversion to another authorized by law.
kind of Entity; () "Public Records": Records established under state statutes at
(D) a grantee of an Insured undera deed delivered without Date of Policy for the purpose of imparting constructive notice of
payment of actual valuable consideration conveyirig 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 iswhoAy-owned byanaffiliated 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 ifthere 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.: 0-8911-000854034
File No.:1730024
CONDITIONS(Continued)
2. CONTINUATION OF INSURANCE Company all reasonable aid (i)in securing evidence,obtaining
The coverage of this policy shall continue in force as of Date of Policy witnesses,prosecuting or defending the action or proceeding,or
in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (ii) 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,oronly so long establish the Title or any other matter as insured. If the Company
as the Insured shall have liability by reason ofwarranties inany 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 Companys obligations to the Insured under the
favor ofanypurchaser from the Insured ofeither(i)anestateorinterest policy shall terminate, including any liability or obligation to
inthe Lanai,or(ii)an obligation secured bya purchase money Mortgage defend,prosecute,or continua 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)ofthese Conditions,(i)in case inspection,and copying,at such reasonable limes 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)ifthe 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 Claimart to after Date of Policy,that reasonably pertain to the loss ordamage.
provide prompt notice,the Companys 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 eventthe 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 asconfidential bythe Insured
payment that the Insured Claimant furnish a signed proofof loss. The Claimant provided to the Company pursuant to this Section shall
proof of loss must describe the defect, hen, encumbrance, or other not be disclosed to others unless,in the reasonable judgment of
matter insured against by this policythat constitutes the basis of lossor 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 infomiation
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 underthus 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 rig It 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 togetherwithany 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 ofthose 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,otherthan to make the payment required inth is
contained in Section 7 of these Conditions, at its own cost;to subsection,shall terminate,i ncluding any liability or obligation to
institute and prosecute any action or proceeding orto 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 ordamage to the or With the Insured Claimant.
Insured. The Comparry may take any appropriate action under () To pay or otherwise settle with other parties for or in the
the terns of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against
Insured. The exercise ofthese 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,attorneys'fees,and expenses incurred by the Insured
exercises its rights under this subsection,it must do so diligently. Claimant that were authorized by the Company up to the
(c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay;
required or permitted by this policy,the Company may pursue the or
litigation to a final determination by a court of competent (ii) To pay or otherwise settle with the Insured Claimant the loss
jurisdiction, and it expressly reserves the right, in Its sole or damage provided for under this policy,together with any
discretion,to appeal any adverse judgment or order. costs,attorneys'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 Compary of either of the options
prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(i)or(ii),the Company's obligations
and any appeals,the Insured shad 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 ary liability or obligation to defend, prosecute, or
the Insured for this purpose. Whenever requested by the continue any litigation.
Company,the Insured,at the Companys expense,shall give the
Serial No.: 0-8911-000854034
File No.: 1730024
CONDITIONS(Continued)
6. DETERMINATION AND EXTENT OF LIABILITY (b) The Companys 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 orconditions contained inthose
suffered loss or damage by reason of matters insured against by this instruments arts 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 14. ARBITRATION(i) the difference between the value of the Title as insured and
the value of the Title subject to the risk insured against by Either the Company or the Insured may demand that the claim or
this policy. controversy shall be submitted to arbitration pursuant to the Title
(b) If the Company pursues its rights under Section 5 of these Insurance Arbitration Rules of the American Land Title Association
Conditions and is unsuccessful in establishing the Title, as ("Rules"). Except as provided in the Rules,there shall be no joinder or
insured, consolidation with claims or controversies of other persons. Arbitrable
(i) the Amount of Insurance shall be increased by 10%,and matters may include,but are not limited to,any controversy or claim
(i) the Insured Claimant shall have the right to have the loss or between the Compary and the Insured arising out of or relating to this
damage determined either as of the date the claim was policy,any service in connection with its issuance or the breach of a
made by the Insured Claimant or as of the date it is settled policy provision,or to arty other controversy or claim arising 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 Comparyorthe 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 Rites shall be binding upon the
(a) If the Company establishes the Title, or removes the alleged parties. Judgment upon the award rendered by the Arbitrators)may
defect,lien,or encumbrance,orcures 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 litigationandthe completion ofanyappeals,itshall have CONTRACT
fully performed its obligations with respect to that matter and shall (a) This policytogether with all endorsements,if any,attached to it by
not be liable for arty loss or damage caused to the Insured. the Company is the entire policy and contract between the Insured
(b) In the evert of any litigation,including litigation by the Company and the Company. In interpreting any provision of this policy,this
or with the Companys conserd, 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 bya court of competent jurisdiction,and disposition Title or by arty action asserting such claim shall be restricted to
of all appeals,adverse to the Title,as insured. this policy.
(c) The Companyshall riot be liable for loss ordamage to the Insured (c) An yamendment of or endorsement to this policymust be inwriting
for liability voluntarily assumed bythe Insured insettlingany 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 anytime 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, (ii)
attorneys'fees,and expenses,shall reduce the Amount of Insurance modify any prior endorsement, (iii)extend the Date of Policy,or
by the amount of the payment. (iv)increase the Amount of Insurance.
11. LIABILITY NONCUMULATIVE 16. SEVERABILITY
The AmourtofInsurance shall bereduced byanyamountthe Company In the event any provision of this policy,in whole orinpart,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 atter 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 Lav6r 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 eMoreement 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 Wheneverthe Coma shall have settled and
( ) Company paid a chain 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 appy 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 Comparry 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 Claimantshall permitthe 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 16. 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 60 East 42^dStreet,Suite 1260,New York NY10165.
recover until after the Insured Claimant shall have recovered its
loss.
Serial No.: 0-8911-000854034
File No.: 1730024
Stewa t titlEi Policy Number: 0-8911-000854034
�i GLI 1. Date of Policy: February 26, 2019
File Number: 1730024
Name and Address of Title Insurance Company: Stewart Title Insurance Company
60 East 42°d Street, Suite 1260
New York, NY 10165
SCHEDULE A— CERTIFICATION
Amount of Insurance: $1,550,719.80
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this policy is:
Development Rights Easement
3. Title is vested in:
Town of Southold who acquired development rights by Grant of Development Rights Easement dated
2/26/2019 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 a part hereof.
Section: 096.00 Block: 05.00 Lot: p/o 12.006 and 12.005
r
- Schedule A Certification(Page 1 of 1)-
stewart titin Policy Number: 0-8911-000854034
Date of Policy: February 26, 2019
File Number: 1730024
SCHEDULE A- DESCRIPTION
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, being more particularly bounded and described as follows:
BEGINNING at the Point of Place of Beginning, said point being 966.74 feet southerly from the
intersection of the Easterly line of Depot Lane and the Southerly line of the Long Island Rail Road;
RUNNING THENCE from said point, North 42 degrees 33 minutes 26 seconds East, a distance of 362.68
feet;
THENCE North 62 degrees 29 minutes 51 seconds East, a distance of 58.64 feet;
THENCE North 42 degrees 33 minutes 26 seconds East, a distance of 360.57 feet;
THENCE North 47 degrees 31 minutes 37 seconds West, a distance of 825.10 feet to the southerly line of
Long Island Rail Road;
THENCE along the southerly line of the Long Island Rail Road, North 55 degrees 01 minutes 00 seconds
East, a distance of 547.60 feet;
THENCE along land now or formerly of Glover Growers Inc. and Town of Southold, South 47 degrees 32
minutes 00 seconds East, a distance of 1,377.03 feet;
THENCE along land now or formerly of Joan Jenkins and Robert Jenkins and Town of Southold, the
following three(3) courses and distances:
t
1) South 45 degrees 08 minutes 55 seconds West, a distance of 464.74 feet;
2) South 44 degrees 51 minutes 05 seconds East, a distance of 130.00 feet; and
3) South 45 degrees 08 minutes 55 seconds West, a distance of 454.36 feet;
THENCE along land now or formerly of Roman Catholic Church of Our Lady of Ostrabrama, the
following four(4) courses and distances:
I
1) North 43 degrees 47 minutes 03 seconds West, a distance of 706.53 feet;
2) South 46 degrees 12 minutes 57 seconds West, a distance of 20.66 feet;
3) South 62 degrees 29 minutes 51 seconds West, a distance of 64.46 feet; and
4) South 42 degrees 33 minutes 26 seconds West, a distance of 356.87 feet to the easterly side of
Depot Lane;
RUNNING THENCE along the same, North 44 degrees 02 minutes 00 seconds West, 50.09 feet to the
point or place of BEGINNING.
-Schedule A Description(Page 1 of 2)-
stewart title Policy Number: 0-8911-000854034
Date of Policy:February 26, 2019
File Number: 1730024
-Schedule A Description(Page 2 of 2)-
stewart title Policy Number: 0-8911-000854034
Date of Policy: February 26, 2019
File Number: 1730024
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage and the Company will not pay costs, attorneys'fees or
expenses that arise by reason of:
1. Rights of tenants or parties in possession, if any.
2. Policy excepts all water 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.
3. Declaration of Covenants and Restrictions made by the Roman Catholic Church of the Sacred
Heart dated 12/6/2013 and recorded 12/13/2013 in Liber 12756 Page 391.
4. As to `Nursery Stock—Development Rights Easement Area":
Survey Exceptions as shown on survey made by John C. Ehlers Land Surveyor last dated January
22, 2019:
a) No encroachments or variations.
5. Policy will except the terms and conditions of the Development Rights Easement.
6. No title is insured to so much of the premises herein described as constitutes a burial ground,nor
is the right of way to reach the same insured,but policy excepts possible easements in favor of
others to reach the same.There maybe bodies and remains of deceased persons interred therein
and there are or may be rights and easements in favor of others to maintain and visit said burial
ground and to inter bodies and remains therein or to remove bodies or remains therefrom.
i
i
i
-Schedule B Part I(Page 1 of 1)-
stew
r} titin Policy Number: 0-8911-000854034
v` u� L Date of Policy: February 26, 2019
s File Number: 1730024
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:
John Frates
oPresident and General Counsel
1987
/f-//��--'��g——
ho ' d offico Agent
***
Denise Codrraux
Secretary
Stewart Title Insurance Company
60 East 42nd Street, Suite 1260
New York,New York 10165
STANDARD NEW YORK ENDORSEMENT(7101112)
FOR USE WITH ALTA OWNERS POLICY(6-17-o6)
Stcs ewart t'}' Policy Number: 0-8911-000854034
�` ` Date of Policy: February 26, 2019
File Number: 1730024
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, (d) 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:
�XNsu�
p John Frates
e��t President and General Counsel
1987
4ffa o Agent ***
Denise arraux
Secretary
Stewart Title Insurance Company
60 East 42nd St., Suite 1260
New York, New York 10165
TI RSA POLICY AUTHENTICATION ENDORSEMENT(6!24!2016)
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OFFICE LOCATION:
MELISSA A. SPIRO �QF $Q�jy Town Hall Annex
LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711 CA �r
MAILING ADDRESS:
www.southoldtownny.gov l P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
*electronic mail,
-
March 8,2019
iWSDEC
Bureau,ofReal Property
625'Broadway,5`h Floor
Albany,NY 12233-4256 '`r
Attention: NancyzStock,Real,Estate.Specialist 2
Bureau of Real Property s'
Re: Conservation Easements Registry
THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART to TOWN OF.
SOUTHOLD
Dear Ms. Stock:
Attached please find a copy of the recorded Grant of Development Rights Easement on property located
within the Town of Southold to be registered with the New York State Department of Environmental
Conservation. Details regarding this easement are as follows:
GRANTOR: The Roman Catholic Church of the Sacred Heart
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: March 6,2019
LIBER: D00013003
PAGE: 363
LOCATION: 3400 Depot Lane,Cutchogue,NY
EASEMENT ACREAGE: 24.6146 acres
SUFFOLK CO TAX MAP#: fka 1000-096.00-05.00-012.005 and
p/o 1000-096.00-05.00-012.006
nka 1000-096.00-05.00-012.005 and
1000.096.00-05.00-012.009
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
enc.
cc: Michael Amoroso,Esq. w/copy of recorded easement
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-94421 F.(518)402-9028 1 Landsforests@dec ny.gov
www dec.ny.gov
March 19, 2019
Melissa Spiro
Land Preservation Coordinator
Department of Land Preservation
Town of Southold
PO Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro:
We received the conservation easement the Roman Catholic Church of the Sacred
Heart to the Town of Southold, recorded March 6, 2019 at Liber D00013003. The
number assigned the conservation easement is Suffolk 0671. Please refer to this
number when contacting DEC about this parcel.
Thank you.
Sincerely,
Lynn M. Lindskoog
Real Estate Specialist 1
Bureau of Real Property
Iml
�rulL,I�; L L,i='I�
MAR 19 'LOI�j
DEPT.OF LA['JD
NE YORK Departmentof ®_. t,.t L•,_ _r ,r
."..__TV Environmental
Conservation
OFFICE LOCATION:
MELISSA A. SPIRO %QF SO Town Hall Annex
LAND PRESERVATION COORDINATOR �0� 0�0 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711 v,
MAILING ADDRESS:
www.southoldtownny.gov
COU�� P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
March 20, 2019
Michael Amoroso, Esq.
Certilman Balin Adler & Hyman, LLP
100 Motor Parkway, Suite 156
Hauppauge, NY 11788
Re: The Roman Catholic Church of the Sacred Heart
NYSDEC Conservation Easements Registry
CE: Suffolk 0671
SCTM#1000-96.-5-12.5 & 12.9
Dear Mr. Amoroso:
Please be advised that the Town's purchase of a development rights easement on
the parcel referenced above has been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with this property's assigned identifier. If your client, The
Roman Catholic Church of the Sacred Heart, is eligible to claim a tax credit for the sale
of the easement to the Town of Southold, this control number must be provided to the
Department of Taxation and Finance.
Very truly yours,
Melanie Dor
- ----- ------------- - -- ----- -
Sr. A mimstrative sststant - - -
enc.
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THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART
to
TOWN OF SOUTHOLD
SCTM #1000-96.-5-12.5 and
Part of SCTM #1000-96.-5-12.6
Total Development Rights Easement— 24.6146 acres
Total Parcel Acreage — 35.4772 acres
Area to be Subdivided — 10.8626 acres (cemetery)
Premises: 3400 Depot Lane, Cutchogue
Closing took place on Tuesday, February 26, 2019
at 2:00 p.m., Southold Town Hall Annex
from left to right:
Supervisor Scott A. Russell
Rev. Monsignor Joseph Staudt
Elaine Villano
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SUFFO�� OFFICE LOCATION:
MELISSA A.SPIRO ®�� CSGTown Hall Annex
LAND PRESERVATION COORDINATOR �� �� 54375 State Route 25
melissa spiro@town.southold.ny.us a ,t (corner of Main Rd&Youngs Ave)
COD a Southold,New York
Telephone(631)765-5711 V.
Facsimile(631)765-6640 Gy MAILING ADDRESS:
www.southoldtownny.gov ®j .14 � P O Box 1179
T Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: February 26, 2019
Re: THE ROMAN CATHOLIC CHURCH OF THE SACRED HEART to TOWN OF SOUTHOLD
SCTM#1000-96.-5-12.5& 12.6
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: 3400 Depot Lane, Cutchogue
SCTM#: 1000-96.-5-12.5 and part of 1000-96.-5-12.6
PROPERTY OWNERS: The Roman Catholic Church of the Sacred Heart
CONTRACT DATE: June 7, 2017
PURCHASE DATE: Closing took place on February 26, 2019
PURCHASE PRICE: $1,550,719.80 (24.6146 acres @$63,000/buildable acre)
EASEMENT ACREAGE: 24.6146 acres
TOTAL PARCEL ACREAGE: 35.4772 acres
ZONING: Agricultural-Conservation (A-C)Zoning District
FUNDING: Community Preservation Fund (2%)
MISCELLANEOUS: The area subject to the newly acquired development rights easement is
part of a pending standard subdivision of 35.5±acres into two lots for the
purpose of separating an existing cemetery from an agricultural area.
S
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OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex ��OF SDUTy� P.O.Box 1179
54375 State Route 25 ,`O l0 Southold,NY 11971
(cor. Main Rd. &Youngs Ave.)
Southold, NY Telephone: 631 765-1938
CA-) >r www.southoldtownny.gov
eoUNT`1,��
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
April 9, 2019 APR 2 2 2019
Michael A.Amoroso, Esq. LAND PRESERVATION DEPT
100 Motor Parkway, Suite 156 Town of Southold
Hauppauge, NY 11788
Re: Final Plat Approval
Roman Catholic Church of the Sacred Heart Standard Subdivision
3400 & 3450 Depot Lane, Cutchogue, NY, 11935
SCTM#1000-96.-5-12.2 & 12.3 Zoning Districts: AC
Dear Mr. Amoroso:
The Southold Town Planning Board, at a meeting held on Monday, April 8, 2019,
adopted the following resolution:
WHEREAS,this proposal is for the standard subdivision of 35.5 acres (SCTM#1000-
96.-5-12.3) into two lots for the purpose of separating an existing cemetery from an
agricultural area. -Proposed Lot 1 is 24.65 acres of agricultural land in contract for the
sale of Development Rights with Southold Town and proposed Lot 2 is 10.86 acres and
contains the cemetery of the Roman Catholic Church of the Sacred Heart. In addition,
two lot lines of the adjacent parcel belonging to the Roman Catholic Church of Our Lady
of Ostrabama, SCTM#1000-96-5-12.2 (Lot 3), will be relocated to allow Lot 1 direct
access to Depot Lane. The size of Lot 3 will remain at 7.17 acres after the lot lines are
shifted. The property is located in the AC Zoning District at 3450 Depot Lane,
Cutchogue; and
WHEREAS, on January 8, 2018, the Southold Town Planning Board granted
Conditional Final Plat Approval upon the map entitled "Final Plat for Standard
Subdivision RCC Sacred Heart" prepared by John C. Ehlers, Land Surveyor, dated
November 10, 2017, with conditions; and
WHEREAS, the Planning Department coordinated with Land Preservation to correct a
discrepancy in the metes and bounds for the proposed right-of-way; and
WHEREAS, on February 21, 2018, the applicant provided a corrected Final Plat and
mylars; and
RCC Sacred Heart Page 2 of 3 April 9, 2019
- WHEREAS, a lot line modification is proposed as a part of this application to provide
access to proposed Lot 1; and
WHEREAS, to allow the applicant to accomplish the condition in the original Conditional
Final Plat Approval to close on the sale of development rights to the Town on Lot 1, the
lot line modification needed to be completed; and
WHEREAS, to complete the lot line modification, the applicant needed to file the deeds
for the lot line changes with the Suffolk County Clerk's Office; and
WHEREAS, on September 10, 2018, the Planning Board granted an-approval resolution
specifically for the Lot Line Modifications with the adjacent church, extended the
Conditional Final Plat Approval from July 8, 2018, to January 8, 2019, and added the
condition that the lot line modification be filed with the Suffolk County Clerk's Office prior
to Final Plat Approval being issued on the subdivision map; and
WHEREAS, on December 26, 2018, the applicant submitted a request by email for an
additional 6-month extension of the Conditional Final Plat Approval set to expire on
January 8, 2019, due to difficulty obtaining a revised survey to complete the remaining
conditions; and
WHEREAS, on January 14, 2019, the Planning Board granted an extension of the
Conditional Final Plat.Approval with the following conditions;
1. Close on the sale of development rights with the Town of Southold.
2. File the covenants and restrictions, as approved by the Planning Board, with
the Suffolk County Clerk's Office.
WHEREAS, on April 8, 2019, at their work session, the Southold Town Planning Board,
at their Work Session, reviewed .the submitted documents and found that all conditions
of the Conditional Final Plat Approval were met and that all requirements of Final Plat
pursuant to §240-21 Technical Requirements have been met; be it therefore
RESOLVED, that the Southold Town Planning Board grants Final Plat Approval upon
the map entitled, "Final Plat for Standard Subdivision RCC Sacred Heart", prepared by
Jaclyn Peranteau, P.E., dated October 3, 2017 and last revised March 19, 2018, and
authorizes the Chairman to endorse the map.
Upon endorsement of the Final Plat by the Chairman, the mylars and paper prints
must be picked up at this office and the Final Plat filed with the Suffolk County
Clerk by the applicant within 62 days of the date of Final Plat Approval, or such
approval shall expire. Final Plat Approval shall be determined in accordance with
§276 of the New York State Town Law.
Final Plat is void if revised after approval. No changes, erasures, modification(s),
or revisions shall be made to any Final Plat after it has been approved by the
Planning Board, and such approval has been endorsed in writing on the plat,
unless the said plat is first re-submitted to the Planning Board and the Planning
RCC Sacred Heart Page 3 of 3 1 April' 9, 2019
Board approves any modifications. In the event that any such Final Plat is filed
without complying with this requirement, the same shall be considered null and
void, and the Planning Board shall institute proceedings to have the Final Plat
stricken from the records of the Suffolk County Clerk.
If you have any questions regarding the information contained in this letter, please
contact the Planning Board Office at 631-765-1938.
Respectfully,
Donald J. Wilcenski
Chairman
cc: Land Preservation
Assessors
Building Department
Town Clerk Office
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JOHN C. EHLERS LAND SURVEYOR
Notes:
GRAPHIC SCALE 1"= 100' 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
a MONUMENT POUND
- .- , - --. _- RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287
O 100 200 300
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