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v tw 1000-400i.-241 , (f/k/a part of.1000-100-2-4) Basdine'Documentation " Prem is.es: 2105 Oregon Road = . 1Vlattituck, New, York = 30.0 acres ` Developiuent ,Rights.Easem•e;nt ROGER:J. ROBINSON, ,,as, devisee under-the Last Will &'Testam'ent of John. W, Robinson and. as sole heir of Ellen R. Robinson TOWN OF SOUTHOLD ; ' Easement dated, June 12, 20.19., _ , Recorded- July 89-10,19 -1 ' Suffolk County Clerk =•Liber D00013018, Page 548, SCTM #: 1000-100.-2-4.2 (VWa part of 1000-100.-24) Premises: 2105 Oregon Road Hamlet: Mattituck Purchase Price: $ 199239000.00 (30.0 acres @ $64,100/buildable acre) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: 34.3 acres Development Rights: 30.0 easement acres Reserve Area: 4.3 acres in s/e corner includes residential home and several accessory buildings Zoned: A-C (Agricultural-Conservation) Existing Improvements: In May 2019 - nursery stock, planted row crops, woodlands area in north, 0.06 acre pond in n/w corner; 1.9 acre swale area in s/w corner, farm equipment stored in part of swale area A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, June 26, 2018 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: Sam McCullough, Chairman Anne Murray Eric Keil John Simicich Will Lee Members Absent: Lillian Ball Doris McGreevy Also present: Melissa Spiro, Land Preservation Coordinator Bob Ghosio, Town Board Liaison (7:45 p.m.) Commencement: • The meeting began at 7:00 p m with five LPC members present. EXCERPT FROM ADOPTED 6/26/2018 LPC MEETING MINUTES Land Preservation Applications& Potential Applications MOTION'made by Sam McCullough, seconded by Will Lee, to enter into Executive Session — Proposed Acquisition, Sale of Real Property Where Publicity Would Substantially Affect the Value Thereof Motion carried: 5/0 The LPC members entered into EXECUTIVE SESSION. • Melissa Spiro, Land Preservation Coordinator[executive session] Inquiries'; new applications, appraisals and current applications MOTION'made by Eric Keil, seconded by Anne Murray, to end Executive Session. Motion carried: 5/0 EXECUTIVE SESSION ENDED • SCTM#1,000-100.-2-4(ROBINSON) MOTION'made by Eric Keil, seconded by Anne Murray, to direct Land Preservation Coordinator Melissa Spiro, with the approval of the Town Board, to commission an appraisal for the purchase of a development rights easement on the Robinson Property(SCTM#1000-100.-2-4). Motion carried: 5/0 E N V I R O N M E N T A L S U M M A R Y PHASE I E ® NTA]L SITE ASSESSMENT for the property located at: 2105 Oregon Road Mattituck, New York SCTM #1000- 100.-2-4 (part of) Owner: Estate of John W. Robinson prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54 3 7 5 State Routc 2 5 Mattituck, NY 11971 -0959 prepared by: 0 Cashin Tec lca ervices, Inc. Engineering -Pi nit C n uction Management 1200 Veterans Memorial High ay,((�Jupp ge, w York 11788 - (631) 348-7600 APS, 309 2019 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 2105 OREGON ROAD MATTITUCK,NEW YORK SCTM#1000-100.-2-4 (PART OF) EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) prepared for the Town of Southold by Cashin Technical Services, Inc. (CTS) for the subject property located at 2105 Oregon Road, Cutchogue, NY. The subject property is an approximately 30.25 acre portion of a 34.5 acre farm parcel. The proposed development rights easement area is currently comprised of active and fallow farmland, and woodlands on its north portion. No significant structures are present on the easement area. The residential home, barn, garage and out- buildings situated on the southeasterly,portion of the parcel are outside of the easement area, and therefore were not subject to inspection for this Phase I, per direction from the Town. For the purposes of this assessment, the subject property is considered the 30.25 acre parcel considered for the development rights easement. The field inspection was conducted on April 5, 2019 by an Environmental Professional,from CTS. CTS accessed the parcel from Oregon Road and unpaved roads that extended along the east side of the property. Site access was arranged through the property owner, Roger Robinson. Based on the review of the available historical data for the past 67 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. According to the owner, the subject property has been in his family's ownership as a farm for approximately 100 y ES-1 Cashin Technical Services, Inc. years, has always been used for agricultural purposes, and does not have any structures or buildings. The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concerns regarding potential contaminant migration and impacts to subject property conditions. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issues were found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs)_ None identified. ES-2 Cashin Technical Services, Inc. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Miscellaneous Debris — The northern portion of the subject property, which contains woodlands, has several scattered areas of debris including: old farm equipment, concrete rubble pile, and old trailer/carriage. The debris appears to have been on the property for a long period of time (decades), and did not appear to be associated with evidence of hazardous materials. As such, the debris does not appear to pose an environmental hazard. ES-3 Cashin Technical Services, Inc. 1 r ( � r i 1 Al lot 1 4- SITE MAP 2105 Oregon Road Mattituck, New York S 19CTS.001 /M #1000- 100-2-4 ✓ �/ o- � t i v C \ S•' _ \ l "e 1 77, i `44 a � , i t `A C 6L .. y ,. N Soil Survey United States 0 250 500 750 1,000 Department of Agriculture Feet 19CTS.001 ii �y r_R Photograph #1 — Residential property(Robinson House)on excluded area along Oregon Road. Photograph#2—View --- -- A property facingnorth from • -•• Road. Excludedareaon - Photograph#4—Area with trucks and farm equipment stored at southwest corner of subject property along Oregon Road. ^ Photograph#5— Oregon Road facing west, with subject property on the right. Photograph #6—South portion of subject site, showing plastic liner on ground surface. Greenhouse buildings ,, ;- on adjacent property are on the left. Photograph#7—Subject property showing plastic liner on ground surface, greenhouses on adjacent "! property to the right. .� i Photograph#8—Hunting shelter - along east center portion of subject property. _-- Photograph#9—Water supply well, pump and fuel storage tank along east * center portion of property. l{ MEMO— Ilk- Photograph#10–Subject property viewed from south to north. seem Photograph#11–Grasslands on northern portion of subject property. Photograph#12–Subject property facing south,with adjacent sod farmland property on the right. 4 I Photograph #13-Grasslands on northern portion of the property, with adjacent residential properties. Photograph#14- Subject property, viewed from grassland area on the At- north facing south. . ;4 rr .jam: t. Photograph #15-Woodlands on northern portion of subject site. Photograph#16–Old farm equipment in woodlands on north portion of the site. 4 Photograph#17–Old farm equipment in woodlands on north portion of the site. WIVT � ��� �• � � ;��� `pct +a ��� ,',S �, x� , „ ._ - Photograph#18-Old farm aq p ui ment "`� " *- a and concrete rubble in woodlands, on . � t k— north portion of the property. Aldr ,�, `f 4i.�iray ► a a`` } } 1' I • P. Photograph #19—Old wooden trailer t or a•- in woodlandson • portion of the subject site. E 1 Photograph#20—Woodlands on north portion of subject property. . k Photograph#21 —Woodlands northwest portion of - -t Photograph#22-Woodlands on north portion of - subject numerous trees - - •• i y. O.•rNUVAUk, � � r Photograph#23—Sign on north portion of subject property. ani .. i f •4 ilt /.a,�'.i� IP�.;rlf'A���� .. ���7,r � `� Y; Photograph#24—Mi - -. �u; - corner • site. •4 Photograph#25—Greenhouse building on adjacent property to 1 the east. Photograph#26—Adjacent tree nursery property along east side of subject site. Y. x k; Photograph#27—Residential property adjacent to east side of property. f. Photograph#28—Small area of woodlands on adjacent property to the west. Concrete rubble deposits on adjacent property. Photograph#29—Residential properties along north side of subject property, facing Soundview Avenue. Photograph#30—Residential property along northwest side of subject property. Photograph#31 —Sod farm adjacent to subject property on the west. f Photograph#32—Residence on --= adjacent property to the east along Oregon Road. Photograph#33—Entrance to - adjacent property from Oregon Road, showing greenhouses on adjacent property to the east. - Photograph#34—Vineyard diagonally across Oregon Road to the southwest. Vineyards are also present to the southeast. r Jd Photograph#35—Oregon Road to the east of the subject property. Photograph#36—Delia sod farm viewed from Oregon Road, adjacent to subject property on the west. P U B L I C H E A R I N G RESOLUTION 2019-168 oy�o�a ADOPTED DOC ID: 14948 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-168 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN.BOARD ON FEBRUARY 12, 2019: 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, February 26, 2019, at 4.30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinIz for the purchase of a development rilZhts easement on property owned by the Estate of John W. Robinson. Said property is identified as part of SCTM #1000-100.-2-4. The address is 2105 Oregon Road in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon ,Road approximately 1000 feet westerly from the intersection of Oregon Road and, Elijah's, Lane in Mattituck, New York. The, proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the 34.5±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 $64,100 (sixty-four thousand one hundred dollars) per buildable acre, estimated at $1,939,025.00 (one million nine hundred thirty-nine thousand twenty=five dollars) for the 30.25± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. .The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER-NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation 'Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: 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, February 26, 2019, at 4:30 pm, 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 Estate of John W. Robinson. Said 'property is identified as part of SCTM #1000-100.-2-4. The address is 2105 Oregon Road in Mattituck. The property is located in the Agricultural-Conservation(A-C)Zoning District and is situated on the northerly side of Oregon Road approximately 1000 feet westerly from the intersection of Oregon Road and Elijah's Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the 34.5± 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 $64,100 (sixty-four thousand one hundred dollars) per . buildable acre, estimated at $1,939,025.00 (one million nine hundred thirty-nine thousand twenty-five dollars) for the 30.25± acre easement. Purchase price will be adjusted at time of closing based on'final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is:'on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: February 12, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk PLEASE PUBLISH IN THE FEBRUARY 21,2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE(1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CL'ERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEARING February 26, 2019 4:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Tow Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 6:52 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, February 26, 2019, at 4:30 pm, 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 Estate of John W. Robinson. Said property is identified as part of SCTM #1000- 100.-2-4. The address is 2105 Oregon Road in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1000 feet westerly from the intersection of Oregon Road and Elijah's Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the,34.51 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 $64,100 (sixty-four thousand one hundred dollars) per buildable acre, estimated at $1,939,025.00 (one million nine hundred thirty-nine thousand twenty-five dollars) for the 30.25± acre easement. Purchase price'will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Robinson DRE Public Hearing February 26, 2019 page 2 Route 25, Southold, New York, and may be examined by any interested person during business _. hours. I have a notarized affidavit that this hearing was advertised and posted on the Town Clerk's bulletin board and on the Town website. And again, I have a copy of the legal notice from the Suffolk Times. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noticed the public hearing is for the town to acquire development rights easement for ag, purposes using Community Preservation Funds. Once again, the farm is shown in the front outlined in red. The purchase price will be based on the surveyed acreage, the landowner is excluding from the sale approximately 4.25 acres located on the Oregon Road side of the property and the excluded area includes the existing house and barns. The excluded area is indicated with the broken white line. The excluded area is not subject to the easement and the minimum 80,000 square feet is required to remain as part,of the farm in the future should the landowner wish to divide off some of that development area. The farm includes over 75% prime ag soils. White labels again on this map indicate lands that are already preserved through the town or the county program. There is a really large block of preserved farmland to the east of the Robinson farm and preservation of this farm'expands this already existing large block of preserved farmland further to the west. Within a mile radius of this farm, there are over 600 acres of preserved farmland. Roger Robinson has been thinking of selling the development rights for some time and I would really like to thank him for deciding,to proceed and to give the town the opportunity to work with him on preserving this important piece of farmland on Oregon Road. Preservation of this farmland is again supported by the Land Preservation Committee and is recommended that the Town Board proceed with the proposal as proposed. Thank you. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular public hearing? COUNCILMAN.,RULAND: Yes, I,would. I would be remiss if I didn't. Part of looking at this picture as presented by the Land Coordinator is that we can't see it's enormity in relation to the corridor along Oregon, on both, sides, the north and south sides of that road. And within that corridor and including this piece are some of the richest soils in the State of New York. It's kind of ironic that in a place that is undergoing so much pressure that anyone would offer the development rights to a parcel this size but I would echo your comment that the Town Board, I know Roger and I have known him a long time and I am certainly grateful that he has chosen to do what he has done but again, as we look at this in its entirety and that's just a piece of the puzzle as you pointed out Melissa; when we look at it in its entirety, this is a piece of the puzzle that expands that picture that we really can't see real well but the enormity of what 500 or 600 acres looks like along the corridor of Oregon Road is really huge; for our town. You can go in another area 600 acres is nothing but in our town, this is significant and I am certainly happy, I am one of those people with the 600 acres within a mile, so it's good. 4' Robinson DRE Public Hearing February 26, 2019 page 3 This hearing was closed at 6:56 PM Elizabeth A.Neville Southold Town Clerk S ' E Q R A P U R C H A S E R E S O L IJ T I O N RESOLUTION 2019-213 SCHEDULED DOC ID: 14955 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-213 WAS SCHEDULED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26,2019: 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 purportedly owned by the Estate of John W. Robinson on the 26th day of February, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as,part of SCTM #1000-100.-2-4. The address is 2105 Oregon Road ins Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the northerly side of Oregon Road approximately 1000 feet westerly from the intersection of Oregon Road and Elijah's Lane in Mattituck,New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the 34.5± 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 $64,100, (sixty-four, thousand one hundred dollars) per buildable acre, estimated at $1,939,025.00 (one million nine hundred thirty-nine thousand twenty-five dollars) for the 30.25± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs; 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 F purchase the development rights on this agricultural land; and, Resolution 2019-213 Board Meeting of February 26, 2019 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 Estate of John W. Robinson, identified as part;;of SCTM #1000-100.-2-4. 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. vi - Elizabeth A. Neville Southold Town Clerk Updated: 2/26/20"19 3:08 PM by Lynda Rudder Page 2 q OFFICE LOCATION: O��rjF Sig(/TyQI MAILING ADDRESS: Town Hall Annex O P.O.Box 1179 54375 State Route 25 J�[ J�[ Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold, NY 11971 �p� Telephone: 631 765-1938 104UNT`I,� LOCAL WATERFRONT,REVITALIZATION PROGRAM TOWN OF SOUTHOLD a REC�M � 0 MEMORANDUM To: Town of Southold Town Board FEB 2 1 W1� R LWRP Coordinator �F IAN From: Mark Terry, AICP QEPT. PRESERVAT,- IQPi - Date: February 21, 2019 Re: Proposed Purchase of a Development Rights Easement on the Estate of John W. Robinson SCTM #1000-100.-2-4. Location: 2105 Oregon Road in Mattituck The proposed acquisition is for .a development rights easement on a part of the property consisting of approximately 30.25± acres (subject to survey) of the 34.5± acre parcel. The property is located in the Agricultural-Conservation,(A-C) Zoning District and is situated on the` northerly side of Oregon Road approximately 1000 feet westerly from the intersection of Oregon Road and Elijah's Lane in Mattituck, New York. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization.Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action isjCONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me,at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator 2�1311� Short Environmental Assessment Form Part 1 -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 i based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: Town Purchase of a Development Rights Easement:Estate of John W.Robinson' Project Location(describe,and attach a location map): SCfM#1000-100.-2-4 2105 Oregon Road,Mattituck Brief Description of Proposed Action: Town purchase of a development rights easement for agricultural production purposes on a part of the the property consisting of approximately 30.25 +/-acres of the 34.5+/-acre parcel. t ' Name of Applicant or Sponsor: Telephone:P (631)765-1800 Southold Town Board E-Mail: Address: Southold Town Hall 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? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 30.25+/-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? 34 5+/-acres 4. Check all land uses that occur on, are adjoining or near the proposed action: 5. ❑ Uiban © Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑ Forest © Agriculture ❑ Aquatic ❑ Other(Specify): ❑ Parkland Page I of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑ ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural 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: W ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? �( Iv i ❑ b. -Are public transportation services available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 1:1action? 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 teehnologies- - LJ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES .11 If No,describe method for providing potable water: ' ❑✓ ❑ 11. Will the proposed action connect to existing wastewater utilities? NO •YES' If No,describe method for providing wastewater treatment: ❑ ❑ 12. a.Does the project site contain,or is it substantially contiguous to,,a building,•archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,of that has been determined by the Commissioner of the NYS Office•of•Parks,Recreation and Historic Preservation to be eligible for listing on the ✓❑ ❑• State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for F-1 archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion,of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? ❑✓ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: t�;�;._.; • ,� :��••�, Page 2 of 3 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 ©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 by the State or NO YES Federal government as threatened or endangered? ❑✓ ❑ 16. Is the project site located in the 100-year flood plan? NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ❑✓ ❑ a. Will storm water discharges flow to adjacent properties? ® ❑ - b. Will storm�:%vaYer-dispharges be directed to established conveyance'systems(runoff and storm drains)? El If Yes,briefly describe: = -• ;:: "W": ,, �^ �y 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e,g.,retention pond,waste lagoon,dam)? ; If Yes,explain the purpose and size'of the impoundment: Z =❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES " management facility? If Yes,describe:_ ❑ 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: R ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Melissa Spiro Date: Z / Zcvl Signature: Title:Land Preservation Coordinator PRINT FORM Page 3 of 3 Agency Use Only[If applicable] Project: Date: Short EnvironinentaI Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action mayor will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration, irreversibility,geographic scope and magnitude. Also consider the potential for short- term,long-term and cumulative impacts. Check this box if'you have determined,based on the information and analysis above,and any supporting documentation, that the-proposed, action may result in one or more potentially large or significant adverse impacts and an Mnvironmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Syu lol� 71-o%, 1.3pyrC aIo1611q Name of Lead Agency Date Print or Type Nameesponsibl Officer i Lead Agency Title of Responsible Officer Signa u f Response le Officer in Lead Agency_ Signatur of Preparer(if d' erent from ponsible Officer) PRINT FORM Page 2 of 2 C L O S I N G S T A T E M E N T r CLOSING STATEMENT ROGER J. ROBINSON to TOWN OF SOUTHOLD part of SCTM #1000-100.-2-4 Total Development Rights Easement— 30.0 acres Total Parcel Acreage ' 34.3 acres Excluded Area — 4.3 acres Premises: 2105 Oregon Road, Mattituck, New York Closing took place on Wednesday, June 12, 2019 at 2:00 p.m., Southold Town Hall Annex Purchase Price of $1,923,000.00 (based upon 30.0 acres buildable acres @ $64,100 per'-buildable acre) disbursed as follows: Payable to Roger J. Robinson $ 1,923,000.00 Check#139560 (6/4/2019) Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Corp $ 2,800.00 Check #136946 (9/11/2018) Survey Payable to TruePointSurvey, Inc. $ 9,875.00 Check #139460 (5/21/2019) Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,300.00 Check #139221 (5/7/2019) Title Report #7404-003947 Payable to Fidelity National Title Ins Co $ 8,403.00 Check #139511 (6/4/2019) Title insurance policy $ 7493 Recording easement' $ 465 Recording C&R's $ 395 Recording service fee $ 50 Title Closer Attendance Fee Payable to Robert DeFrese $ 150.00 Check #139502 (6/4/2019) Those present at Closing: William P. Ruland Deputy Town Supervisor Lisa'Clare Kombrink, Esq. Attorney for Town of Southold Roger J. Robinson Seller Abigail A. Wickham, Esq. Attorney for Seller Robert DeFrese Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant TOWN OF SOUTHOLD VENDOR 018576 ROGER J. ROBINSON 06/04/2019 CHECK 139560 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600. 100 061219 30. 0 ACRES DEV RIGHTS 1, 923, 000 .00 TOTAL 1, 923, 000.00 ; EIRE N r,`+'11 R �' •a ( .< 1, .}r t`Sv.. ���y�4`��F•H�'y-r.LH"_T'�� ryF�-„Z--r � `f� � ' r'�1 I pmt "t:"•; :��{,sr °i_ �4�tier, , C++ __ ' - _z�r., �.�•'s�t�-.t�:.._ _ �:tlt ` - .1 Rs.i—W'..L�y3,�t``�,'..�(��i :"T� `E T`;�'-",A--)-,a i°:� �. ?. ��t W. eo „'..gm•t 1 c TOWN OF SOUTHOLD AUDIT 06/04/19 53095 MAIN ROAD;PO BOX 1179 - SOUTHOLD,NY1197.1-0959 - CHECK NO. 139550 THE SUFFOLK CO.NATIONAL BANK PATE AMOUNT CUTCHOGUE,NY 11935 50.5415i2W 06/04/2019 $1, 923,'000.00 ONE-MILLION.NINE HUNDRED TWENTY THREE, THOUSAND AND- 00/100 DOLLARS SPAY ROGER J. ROBINSON TO 7'11E PO BOX 2.64 - x +ORDER, MATTITTICK NY 11952OF �4,x ++' 139S60+1' 1:0 2 L4054641: 63 000004 0++' Lawrence Indimine Consulting Corp. Invoice 18 Bailey Lane Date Invoice Manorville,NY 11949 # (631) 979-2735 8/30/2018 952 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of Robinson 2,800.00 Located 2105 Oregon Road,Mattituck,NY SCTM #1000-100-2-4 File#18058 lJ ll Il�(.J Lam,J SEP 4 2018 DEPT.OF LAMN4 P=E�r�4TIJiV Fhank you for your business. Total $2,800.00 TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 09/11/2018 CHECK 136946 , S E. /-FUND & ACCOUNT P.O. INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 ,-' 31890 952 APPRAISAL-ROBINSON PRPTY 2,800.00 i CM .8660.2.500.200 31892 953 APPRAISAL-KRUPSKI PRPRTY 2,400.00 1 TOTAL 5,200.60 ° moi• '�r�+�c___r:Yj', - • �}:#jam _-ihc'?ii _ S Zj I ' I , I I t 1. 1 % 1 1 I TOWN OF SOUTHOLD, AUDIT '09/'i`i./2o18 53095 MAIN ROAD,PO BOX 1179 '136946 1 SOUTHOLD,NY 11971-0959 - - _ CHECK NO'.; 13 6 94 6 ' r - - - THE SUFFOLK CO NATIONAL BANK- f - CUTCHOGUE•NY 11935 DATE- 'AMOUNT 50-5461214 = 09/11/2018 •' _5,,200.06 FIVETH6`USAND -TWO'HUNDRED AND 00/100 DOLLARS'' P,4 Y,- LAWRENCE INDIMINE CONSULT CORP o- _ I • t 1-0TFfE 1,8 BAILEY AVENUE p ORDER MANORVILLE NY 11949 'y OF 4j�1 .a0� ii' 13694P,no 1:0 2 1L,05461,1: 63 000004 011' ; v;i �TruePointSurvey,Inc ,409 Lake Avenue St. James, NY 11780 i 1 C Cj i , !tel: 631 672 8568 fx: 631.716.7780 Bill To: Invoice No.: 877 Land Preservation Dept Town Hall Annex 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Date + Job# 04.9.19 019.03-11 Quantitys Item Description Unit Price Total ------------------------------------------- 5 Title Survey 2105 Oregon Road, Mattituck $9,875.00 $9,875.00 4 ' Subtotal: $9,875.00 Tax- N/A Shipping: N/A Miscellaneous: N/A WX Balance Due: $9,875.00 LAND PRESERVATION DEPT Town of Southold TOWN OF SOUTHOLD VENDOR 020647 TRUEPOINTSURVEY, INC. 05/21/2019 CHECK 139460 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 31900 877 SURVEY-ROBINSON-30 ACRES 9, 875.00 TOTAL 9, 875.00 ; �Ff 'X,�•L —ic/c•..— ), t3.t t�- :W.iq'! t•I �j�+i _ "l--Z+zy�t lts s, ,5h4 t ,z.P.'! { c.e. :'-+_,^•i''ra'ed X^.��.N.rv_*.'.31-k'::da�'+r'�,+.g fF j ri.r s '•-.,'- t?i:is�r.�r(�L�„ `t'.4;t*trr��'�SEzp;.;:��w:p� —.,.- � - ' '� '!�k•._t1 ��' y"_i,Y.'ii3-f� }�': -!'-_"�v�}i :3Rd64 Tf'rc" , i ��a�•�A. �, i � �. o o �° �MAM TOWOU7TFIOLD AUDIT 05/21/2019 53095 ,PO 60X 1179 SOUTHOLD,-NY 11974.09CHECK NO. -13 THE SUFFOLK CO:N 94 6 0 CUTCHOGUE,NY 11935NAL BANK DATE AMOUNT 50-5461214 05/ 1/2019 $9,`;875.00 NINE THOUSAND EIGHT HUNDRED SEVEN'T'Y Vi VE AND'.'00/100 DOLLARS PAY TRUEPOINTSURVEYa, INC. o :� 70 THE _'409 TAKE AVENUE ORDER SAINT JAMES'NY 11780 o4,or �s. 11' 139L, 6011' 1:0 2 11;0 54641; 63 000004 Oil,- ' t , Cashin Technical Services, Inc. `r 1200 Veterans Memorial Hwy . Hauppauge . NY . 11788 631.348.7600 phone / 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 April 16, 2019 Southold, NY 11971-0959 Project No. 19CTS.001 Invoice No- 319001 C Phase I Environmental Site Assessment for property located at 2105 Oregon Road; Mattituck, NY SCTM#part of 1000-100.-24 Professional Services from,March 12 2019 to April 16 2019 Fee 1,300.00 Total this Invoice $1,300.00 REMOVED APR . 1 9 2019 LAND PRESERVATION DEPT Town of Southold TOWN OF SOUTHOLD VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 05/07/2019 CHECK 139221 p FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660 .2.600.100 33212 319001C PHASE 1 ESA-ROBINSON 1, 300.00 TOTAL 1, 300.00 — I 4 _ 1 {}r.�'1,IG, •4. � lLi,}f-11 tt" '_-�i:4 pr —s�— .. f -' 't]t.-,i :(1�i ffl"r"1 .tkiy•3'1,ti l-.Y,',�+•-kd,(1' -•..th:,,, • r .. .1 i', n'.k']r �-�t1';1;1ti1 't.�4�t 4t.�v�I:•.-�a��'�-'j'T;11 tiyt t;: 1' Its 11, GG'jr{f_ i��Y't',j' •w 1 �� '7 t, ', :.,ate` '�� Li;�i'f:•}r '��',�r+vi��;E;,l1 •,'+ •S�,J "ic .tf+h t nti E:rt a 'fy , i, d7Jyi i1 'j' IT#1T,{ rl i „ i` T,y' ' I • , j'J„ 0 S 0 0 D 1 0 D 0 D D /�-�(�D �• p�7 ' IOWNOF, SOU` OLD AUDr,r 05/07/,19 - 53095r IN ROPO•PO BOX 1179 „ SOUTHOID,NY 11 J71-0959'' CHECKNO. 13 8221 ' CLITCHO UE,NY 11930NAL BANK DATE , AMOUNT ji , 05/07/2019: ONE-THOUSAIgtD THREE.HUNDRED.,''AND, 0'0'/10 0•DOLLARS' - „ PAY,' CASHIN TECHNICAL SERVICES, INC TOTIfE1200,'VETERANS MEMORIAL- HIGHWAY ”, OIUJER': .•HP,UPFAUGE 'NY-117 88 •, ", ,'_' . ' •py��l� -�apl� _ ! nn 139 2 2 In, 1:0 2 14,054641: 63 000004, Oil, 7404--003947 Fidelity National Title Insurance Services, LLC 24 Commerce Drive, Riverhead, NY 11901 [J NYS GOOD FAITH ESTIMATE PHONE: (631)727-0600 1 FAX (631)727-0606 [x] FINAL STATEMENT [] ESTIMATED STATEMENT Title No: 7404-003947 Closing Date: 06/12/19 Closer: Robert DeFrese(Title Closer) (631)835-3709 Applicant: Town of Southold,Land Preservation Dept. Lender: Buyer: Town of Southold Lender Attorney: Seller: Estate of John W.,,Robinson Seller Attorney: Wickham, Bressler& Geasa, PC. Premises: 2105 Oregon Road County: Suffolk Mattituck, NY 11952 Fee Amount: $1,923,000.00 Mortgage Amount: $0.00 COMPANY CHARGES, v 'Amoynt: Bu er: - Selet: Lender: Fee Premium $1,923,000.00 $7,493.00 Recording Service Fee - Buyer $50.00 Total Company Charges: $ $ $ REORD"ING TAXES Amount: Buyer: Seller: Lender: CPF Tax Exempt ''--•✓e ance Tax Exempt I Recording Charges: RECORDING'CHARPES- ' ` 'Amount: Buyer: Seller: Lender: Covenants and Restriction $395.00 Easement 23 p s) $465.00 Total Recording Charges: $860.00 ESCROW, EXCHANGES„ ESCT Amount: Buyer: feller: Lender: s - Total Escrow& Exchange Charges: TOTAL CHARGES: $8,403.00 CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC From: Che6WNo.: `� mbunt • r ' r �II , r 0110 '100000 � 9 :IN9 `150`11 2,0:1 .lit t 5bfI a 3 Q� s�kyor 106ZT M CrVaH2laLiI' do usawo HADICI DDS.dWO3gfL1 O.l c 00 SNI H`IZIZ TdNOI,IVN 2aI'IHQI3 AVd S2IKrI'IO(I'0 0 T/0 0 (INK HHUH1 ClSaG nH 2HI03 aNVSnoH L-,LHSIH oo'£OiV'W 6TOZ/fi0/90 btzlsb5oe _ lNnoviv 31t1a 9s6tt AN'3nooHolno NNVB 7VNOIIVN'oo)!-iozuns 3H1 -ET S6£T 'ON XZ)HHO 6960-sc6t't AN'01OHlnos 6T/�0/90 ,LIQnK 64ttx09nd'40VOUNIVw960CS Q7OLUAOR 90 NA401 ...0 •9 Yly ,® 0 — -0•� y pr..+ui��'"rgx 5 . -• .�P ' r fg •,`',�-mak, "9.k�: nj.� ;'i�.. _' Y:` `.i'Y •a•`` - �. t'ri.:,�'i,'q�y' -F'•:.A ,-*+-'rte l.r= P_ mi r - �' M{�' 'r, "it rifv..:�''a�J rt r •-}:�:..t''JYi i l` , r W 00-£o'V'a a�rLOL 00'0S NOSNISOE-DAS ONICE03HU Lb6£00-VODL OOT'009' Z'0998' WO 00'S6£ N0SNI90'd-d9J ONIa2iODR-d Llv6£00-T70DL OOT'009' Z'0998' WO 00'S9t, N0SNI96-d-,LNHWHSVH GHODS-d Lt6£00-tOTL 00T ' 009'Z'0998 ' WO 00' £6b'L OK 0£-N0SNIH0H-SNI H'IZI,L LV6£00-606L OOT'009"Z"0998' WO S.NfIOWV NOI,LdIdDSHa HOIOANI ##'O'd ,LNn000K 3 aNn.3 TTS6£T ?IOHHJ 6TOZ/b0/90 00 SNI HI.LI,L WNOIS.KN 7,.LIIHQI3 Z8T900 -dOQNaA Q70HLDOS c10 NM01 TOWN OF SOUTHOLD VENDOR 003992 ROBERT DEFRESE 06/04/2019 CHECK 139502 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM . 8660.2.600.100 7404-003947 TITLE CLOSER-ROBINSON 150 .00 TOTAL 150 .00 e � TY - ... .'sf—i�ts.N`'�l�.c� .x>~,:�#a. ...Y�y.A r� • - 41 TOWN OF SOUMOLD AUDIT 06/04/19 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971•0959 CHECK NO. 139502 T4 SUFrOLK CO N CUTCHOGUE,NY 11930'NAL BANK DATE AMOUNT 50-5461214 06/04/2019 " $150.00 ' `ONE HUNDRED -FIFTY AND 00/100 DOLLARS PAY ROBERT DEFRESE TO ME; C/O FIDELI`T'Y"NATIONAL TITLE ORDER OF, 24 COMMERCE DRIVE RIVERHEAD NY 11901 — ��' L 39 50 211' 1:0 2 LLD 5L6.Ll: 6,3 OODOOL Olin : ; R E C O R D E D E A S E M E N T 1 1 �2 3In F / . 111111111111;11111�11111�11111111111111 ��11111I1111111111` 11111111111k(Illfllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE , RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/08/2019 Number of Pages : 24 At: 04:01:48 PM Receipt Number : 19-0126023 TRANSFER TAX NUMBER: 18-37481 LIBER: D00013018 PAGE: 548 District: Section: Block: Lot: 1000 100 .00 02 .00 004 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,923,000 .00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120. 00 NO Handling $20.00 NO COE $5. 00 NO NYS SRCHG $15.00 NO TP-584 $5 .00 NO Notation $0 .00 NO Cert.Copies $30 .00 NO RPT $200 . 00 NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $395.00 TRANSFER TAX NUMBER: 18-37481 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County a� 0 RECORDED Number of pages 1019 .T,i# 08 04:01:48 PN JUDITH A. PA'-SCALE CLERK OF This document will be public 'SUFFOLK COUIITY record.Please remove all L D0001301d Social Security Numbers r 543 ' prior to recording. GT#i 1$-37401 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES rrit. Page/Filing Fee 10brtgage A " 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 'j Sub Total Notation Spec/Assit or EA-52 17(County) SubTotal. - - Spec../Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R P T.S A. CCS. �� Held forAppointment 00 Comm.of Ed. 5. _ �� - _ � � Transfer Tax Affidavit • �� Mansion Tax The property covered by this mortgage is Certified Copy / or will be Improved by a one or two NYS Surcharge 15. 00 Sub Total 1150' > _ family dwelling only. YES orNO Other Grand Total If NO,see appropriate taxCt use on page R of thi nstru enL 4 Dist. 19020187 ioaa 1.0000 a2oo oo4oaz 14986- 5 Community Presentation=Fund Real Propc T" 7 Consideration Amount$ Tax S Agency CPF Tax Due R LPA Agency A I,II���I��IBJ� O�UL-19 NN SII Wil Ilddiillul"?I Venficatii Improved 6 Satisfactions/Wschargea RcleasesListPro ertyowne`rsMailing Address R�CORD&RETURNPrO Vacant Land Lisa Clare Kombrink, Esq. Twomey, Latham, Shea,Kelley,et al TD P.O. Box 9398 TD Riverhead,NY 11901-9398 TO Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Cc Name Fidelity National Title Insurance Services www.suffolkcountyny.gov/clerk Title" _ 7404-003947 8 Suffolk County Recording & Endorsement Page This page forms part of the attached GRANT OF DEVELOPMENT RIGHTS EASEMENT made by- (SPECIFYTYPE OF INSTRUMENT) The premises herein is situated in ROGER J.ROBINSON,as Devisee,etc, SUFFOLK COUNTY,NEW YORK TO In the TOWN of SOUTHOLD In the VILLAGE TOWN OF SOUTHOLD or HAMLET of MATTITUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Overt 4 .S' 'G,9 NT'0l# DSII-'LOPM'ENT'R�IGNTS_'EASEM;ENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 12th-d'ay:of` 1?: June, 20 9 at Southold, New York. The art"t`es are ROGER J. ROBYN50N, 'as devYsee:under the Last Will and Testament of John W. Robinson, Surrogate's Court of Suffolk County File #577 P 1988, and as sole heir at law and distributee under the Administration of Ellen R. Robinson, Suffolk County Surrogate's Court File #526 A 1994, with an address at 2105 Oregon Road, Mattituck, New York 11952 (herein called "Grantor"), and the i 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"). k INTRODUCTION. , WHEREAS, Grantor is the owner in fee simple of certain, real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-100-2-4 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 Andre K. Miller, L.S. of True Point - Survey, Inc., dated May 13, 2019 (a reduced°copy of which is attached t hereto and made a part.hereof and hereinafter,referred to as the "Survey"); 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 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 planted in row crops and nursery material; 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, 1t IV t preserve ,prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of,-the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible-values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial 1 and has requested Grantor, for itself and its, successors and assigns, to grant a Development, Rights Easement to Grantee in order,to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION NINE HUNDRED TWENTY-THREE THOUSAND AND 00/100 DOLLARS ($1,923,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development, Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use' of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The G,rantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 041 G'rantor's. %arrant 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 (except) as set forth in Fidelity National Title Insurance Company's Title Report #7404-003947, and possesses the right to grant this easement. 0:02, Grantee's Statins' Grantee warrants and represents to Grantor that Grantee is a } municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 :Purse F The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 ,Oovern,mental Recogriit 66 New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, 3 i -a-agricultural, and aesto,�Pti-t resources and otherwise to aid in-identifying ritifying and documenting such valuos"as of the date hereof] to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring d6lbjp1ibn with: "ri" 9 he'" f., ,Gtantee has prepared, with Grantor's ,!;j� Wi -, the te m rQb -Cb-booi-afjon,� anh f t-b-e-',.PrQOerty's relevant features and conditions asellb,(2 D n1,.0-btdtion-"'),.- 'T�i$,Baseline Documentation includes, but the; Jis� not li.miited`to 8 survey prepared, 'by Andre K. Miller, L.S. of True Point Survey, Inc., dated May 13, 2019, and a Phase 1 Environmental Site Assessment dated April 30, 2019 by Cashin Technical Services, Inc. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as'of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation in consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE. THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the 4 r " proditctian of crojs, 'livestock an'd Livestock products as defined in the New York 'State-Agriculture and Markets Law >(`�Ag'db'U.tuf6, and Markets,Law")'., now; or as said §301(2)(a)-(j) may be aOnejj,d-ed r,prov ded ,said amended provisions are inherently similar in nature -to° ti1;a'se,-crops, i vestock->and livestock. products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is ; permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property,, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. J r03 Duration This Easement shall be a burden upon and run with the Property i,n perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or 5 A f ' F -entities. Any rights, obligations, and interests herein granted to Grantor- and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word 'Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for of ONE MILLION NINE HUNDRED TWENTY-THREE THOUSAND AND 00/100 DOLLARS ($1,923,000.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. .ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01. , Structures No structures may be erected or constructed on the Property except after review by the Southold Town Land Preservation Committee ("'Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining" The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normalagricultural/h.orticultural activities, all of which shall I 6 fi }{ �. require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 3.03' Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural Land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the F underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3=04- Dumping - F The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3,.05. Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 :3..06 .Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ('utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used, solely to service the permitted structures on the,Property, and on adjoining agricultural lands subject to a development rights easement or other conservation instrument. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes,of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as ; said Chapter 70 may be amended and including the production of crops, livestock andlivestock 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 Orovisions are inherently similar in nature to those crops, livestock and livestock products Included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in'the'future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 8 3:0& Soil:-and"Water= Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.0=9 l7raihacre The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3,1Q .Devetopment.'Rig:h"ts� , The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be.used or transferred to any other parcels. ARTICLE-FOUR GRANTOR'S RIGHTS 4:0.1 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 _ a , 4:03: Use Grantor, shall have the right to use the Property in any manner- and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal `enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain,of Grantor or others. 4.04 Landscaonq Activities, Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other,vegetation when -dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees,to maintain or improve the'.appearance of the,pr`o,peity, and to mow the property. Notwithstanding tho above, Grantor is prohibited from establishing or maintaining a taw.n.on the Property, asset forth in 3.07. 4 05 Agricultural Prcductior 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 E'aseme'nt. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that-is ___permitted under the current law and/or Code. 10 f ♦ a Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited e?<6 pt as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. Notwithstanding anything to the contrary in this Section 4.05 or this Easement, Grantor shall be required to keep the swale area shown on the Survey continually vegetated in order to mitigate stormwater runoff. Any agricultural use within the area where the swale is located shall be conducted in a manner consistent with a Conservation Plan prepared by the Suffolk County Soil & Water Conservation District, and such Plan shall be in accordance with Chapter 236 (Stormwater Management) and approved by the Town Board or the Town Stormwater Management Officer. 4:0.6 Structures- A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for, incidental or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. 11 ' k f B. Conditions. Any:allowab'Ie irizprovemenfs shall 'protect prime agricultural_soils,•agricultu.ral" production,; Open space and scenic vistas, and otherinJse be consistent with"the,:Purpose of this Easement. C. Envindbinental Sensitivity During Construction. The use and location of any im* Irovement.p.ermitted hereunder shall be consistent with the purposes intended herein, and const#�uctioo of=any such"i:mpi~ovem"ent shall minimize disturbances to the environment: Grantorshall employ erosion and sediment control measures-to, mitigate:any st©rrri;vat r rurToff, including but not limited to minimal removal of vegetation, minimal movement of earth and mini`rnaII clearance of access -r-outes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from.casualty. loss .tb,ja(O eXtent"which renders repair of any existing "improvements ,*dr•irnprovements built,& permitted_pursuant to this Section 4.0`6-•impractf. erection of-.a struetu're of comparable size, use, and general design to the'domaged structure shall- be permitted in kind and within the "same general location, siubject:ta"the• review and written approval of Grantee, pursuaht`to �ppllcable provisions of the Town Code. 4.07 -roti-ce f Graritor:sh-all notify Grarteei in writing', before,the construction of any permanent.or temporary structures as permitted,in•Section 4:05" herein,and shall•file tail necessary applications and obtain _all necessary approvals that may be required by this Easement or by the Town Code and shall provide documentation as may be `required for such applications. 4.08 Alienability, Grantor shall have the right to convey, mortgage-or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument tocomply with the provisions hereof shall not affect Grantee's rights hereunder. 12 f ' 's 4.09 - urther.Restrictlon Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ` ARTICLE F4VU ; kANTOR'S ,O LIGATIONS _5.0,1 -Taxes and Assessments Grantor shall continue to pay all kaXes, levies; .and a's_sessments".apd other, gcavrnirier�tai or'"municipal-charges, ', t.tiamab: ecome a Cieri'.6n tf?e Propeiy, iri.clu.d,iri`g,nny:taxes or-;levies' irYipo"sed to make (hose paymentsf subjecir; Fiow ver, to ,rlgla 'V �rieye or:contest such :assessman . The:failure of G"rantor":to Pay all such,tauest levies-and :assessmens,and -other governmental or municipal charges"-:shall� hot caus`e;;ap al er�atio:n of a>iY` gh'ts or interests acquired herein by Grantee. 5.'02-In-demnificativn Grantor shall indemnify and hold Grantee harmless_ for any liability, costs, attorneys' fees, judgments, expenses,,,chafges or liens to Giantc'ebr any,of its-officers, employees, agents or independent contractors, all cif which shall be reasonable in amount; arising "from injury due fio the physical maintenance or condition of the Property" caused by Grahtor'9 actions:or inactions, or from any taxes, levies or assessfaOi is upon it or resti ing from this Easement, all of which shall be considered Grantor's obligations. 5—.08 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of itsofficers, employees, agents or independent contractors, all of. which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ,ARTICLE `SIX a ,GRANTEE'S RIGHTS' `5 01 -,Entry and lnspectidn', _ Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. .6 02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6,03 Enforcement Rights,of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and 'not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 reasonable eff-dr-ts-to- roper,,ty an&'eXeyq-Ise, reaso, (i To enter upon the F� terminate or cure su'6,h'.,b6each defaUlt Or'Vio atioVor n, and , " to, cause the restoration of that O,drtft ofthe. Rropertty affo-cted,by ,b isted, such breach, default or vioto, to th,,a-, iconj&tfn prior thereto, or (iii) To en'for any ,term prOv4IS' lQ'* tj,,,,c-b'Venant or obligation in this Eas,otnen�,or to seek,or ehfoptp �,UCh other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (hereln called "Legal ExpOnsia's") in connection with any proceedings under this S, ion, 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 Not-ice, All notices required by this Easement must be written. Notices shall be delivered by haind or by certified mail, return receipt requested, with sufficient prepaid postago-:afflixed 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 'V 1 1 G.Q5 No:Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the .delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or "relief at any other time. 6.66, Extinauishment:of Easement/Condemnati©n° At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or`modify this Easement in accordance with applicable law. The mere cessation of,farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property :or any portion thereof shall be taken or condemned, by eminent domain, by the Grantee-or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not.be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations'of this Easement. Any condemnation award payable to the .Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its. parties concerning .its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 •7.02 .AmOndmen't This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such ; amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h).' Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 1 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a qualified organization under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any such easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 17 t 7 .04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from .the other provisions, which shall remain enforceable and effective. 7,05 GoVernin .Law New York law applicable to deeds to and easements on land*located within New York shall govern this Easement in all respects; including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation, Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in1he construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 18 r T Q$< Ackriowl.ed,40 lient-of Charitable Contribution P The parties-recognize that Grantor intends to make a Charitable contribution ;in connection with this Grant of Development Rights Easement, should an appraisal obtained by Seller justify treatment of the transaction as a bargain salve. 7:.0, 11Varranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.�:OE� �tecordina` 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 Headhas The headings, titles and subtitles herein have been, inserted solely for convenient reference and shall be ignored in its construction. IN WITNESS;:WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day aridyear set forth above. ACKNOWLEDGED AND ACCEPTED: Roger J. Robinson, Grantor l ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: William P. Ruland, Deputy pervisor 19 r STATE OF NEW YORK) COUNTY OF SUFFOLK), SS.' On the 121h day ofJune in the year 2019 before me, the undersigried,,personally appeared ROGER J. ROBINSON,_personally known to me or proved to me on the basis of satsfactwy'evidence to be the Individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in hiscapacity.;.and that by his signature on the instrument, theindividual, or the person upon behalf of which the individvaL acted, executed the instrument ,,Signahirel&mtce ofittdivldw taking acknowledgement ROBERT DEFRESE NOTARY PUBM,STATE OF NEW YORK Registration No.01DE5W5117 STA TE OF NEW YORK ) Qualified in Suffolk County COUNTY OF SUFFOLK ) SS.` "t''°orin''�'°n Expires October 24,tort On this 121' day of June in the year 2019 before me, the,undersigned,personaify appeared WILLIAM P. RULAND, personally, known to me or proved to me on the basis of satisfactory evidence to be the indivIduat whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual,; or the person upon behalf of which the individual acted, executed the instrument. SignaturelOfce ofiRdividual taking acknowledgement POSERcoEMMS pliOrW PUWG,STATE OP NEW YORK Rsglstration No.01Dff5035117 gust;tied to Suit octobe(24.2= 9�Myra�unlsaicnkx i ti 20 Easement Area FIDELITY NATIONAL TITLE INSURANCE COMPANY _ TITLE 1V0. 7404-003947 SCHEDULE A-1 (Description of the Land) x For Tax Map ID(s): 1000-100-00-02.00-P/O 004.000 AMENDED 05/20/2019 ALL that certain plot, piece or parcel of land situate, lying and being In Mattituck,Town of Southold, County of Suffolk, State of New York bounded and described as follows- BEGINNING at a point on the northerly side of Oregon Road (a variable width Right of Way)distant the following four courses and distances from the corner formed by the intersection of the easterly side of Elijahs Lane(a 50 foot Right of Way)with the southerly side of Oregon Road- 1. North 53 degrees 08 minutes 10 seconds West 56.81 feet through Oregon Road to the north side of Oregon Road; 2.South 59 degrees 44 minutes 10 seconds West 500.88 feet; 3- South 57 degrees 50 minutes 20 seconds West 501.18 feet; 4- South 60 degrees 43 minutes 19 seconds West 274.85 feet to the point of BEGINNING: RUNNING THENCE along the northerly side of Oregon Road South 60 degrees 43 minutes 19 seconds West 198.87 feet to land now or formerly of Krupski; THENCE along said land the following three courses and distances: 1. North 20 degrees 58 minutes 06 seconds West 361929 feet; 2- South 73 degrees 26 minutes 15 seconds West 322.00 feet; 3- North 20 degrees 50 minutes 45 seconds West 73.36 feet; THENCE along land now or formerly of Mount, Gettings and Sheridan the following two courses and distances: 1- North 73 degrees 46 minutes 15 seconds East 327.94 feet; 2- North 69 degrees 19 minutes 08 seconds East 332.23 feet to land now or formerly of Laveglia; THENCE along said land and land now or formerly of Pessin, Kaelin, Imbriano and 2205 Oregon Road LLC the following five courses and distances 1.South 22 degrees 42 minutes 00 seconds East 141-89 feet; 2- South 21 degrees 03 minutes 00 seconds East 75-00 feet; 3. South 22 degrees 21 minutes 20 seconds East 37-07 feet; 4. South 23 degrees 06 minutes 30 seconds East 2686.88 feet; THENCE South 66 degrees 56 minutes 38 seconds West 242.56 feet; ' THENCE South 06 degrees 39 minutes 36 seconds East 107-18 feet; THENCE South 23 degrees 01 minutes 48 seconds East 608.70 feet to the northerly side of Oregon Road and the point or place of BEGINNING. commitment for Title Insurance Printed 05 2019 Q 03-13 PM Schedule A-1 Description NY-FT-FRVH-01030,431004SPS-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-003947 SCHEDULE A-1 (Continued) THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law,constltute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street In front of and adjoining said premises. END OF SCHEDULE A t 1 commitment for Title Insurance Printed. 05.20.19 a@ 03:13 PM SctheduleA-1 Descnptwn NY-FT-FRVH-01030.431004-SPS-1-19-7404-003947 Aq A 3619.29- ma --at OL"! jg INS 2'20 to t 9.29. I S23'0^ S23*06'30'E 39 969,32. Sol Alp EMI ""gR s"vrnS j1 " 15, C O V E N � A N T S R E S T R I C T I O N S t tiititi til►hitt iitt►iitit itiii tt►►t ilii►t►iit►iii►lit i tiitit i►ti►i►�ti t�ii tilt SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/08/2019 Number of Pages : 9 At: 04 :01 : 48 PM Receipt Number : 19-0126023 LIBER: D00013018 PAGE : 549 District: Section: Block: Lot: 1000 100 . 00 02 . 00 004 . 002 EXAMINED AND CHARGED AS FOLLOWS —ceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $45 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 0'0 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $11 .25 NO RPT $200 . 00 NO Fees Paid $296.25 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Ll_I= PECORDED /Number of pages 2019 Jul 08, 04:01:48 PH JUDITH A. PASCALE CLERk OF This document will be public SUFFOLI: 6LIU11TY record.Please remove all L C•00013018 Social Security Numbers P 549 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Mortgage Amt. Page/Filing Fee 1.Basic Tax Handling 20. 00 2. Additional Tax Sub Total TP-584 Spec./Assit. Notation or EA-52 17(County) SubTotal Spec./Add. TOT.MTG.TAX EA-5217(State) Dual Town Dual County R.P.T.S.A. o�[ CT) Held forAppointment Comm.of Ed 5 00 Transfer Tax Mansion Tax Affidavit �f� The property covered by this mortgage is CertifiedLopy �- `�- or will be improved by a one or two family dwelling only NYS Surcharge 15. 00 Sub Total �� YES orNO Other2 S Grand Total If NO, see appropriate tax clause on page ri of this instrument. 4 Dist.10( 3904643 1000 10000 0200 004002 1 5 Community Preservation Fund Real Property P T S 1111111I�I Consideration Amount$ 0.00 Tax Service R LPA A Agency 08-JUL-19 CPF Tax Due $0.00 Verification Improved Satisfactions/Discharges/Releases List PropPerty Owners Mailing Address 6 RECTO: ORD&RETURN , Vacant Land Lisa Clare Kombrink, Esq. Twomey,Latham, Shea, Kelley, et al. TO P.O. Box 9398 TD Riverhead, NY 11901-9398 TD Mail to,Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name Fidelity National Title Insurance Services www.suffolkcountyny.gov/clerk Title ri 7404-003947 8 Suffolk County Recording & Endorsement Page This page forms part of the attached DECLARATION OF COVENANTS AND RESTRICTIONS made by. (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in ROGER ROBINSON,as Devisee,etc SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SOUTHOLD In the VILLAGE TOWN OF SOUTHOLD or HAMLET of MATTITUCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING over DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 12`h day of June, 2019, by Roger J. Robinson, as devisee under the Last Will and Testament of John W. Robinson, Surrogate's Court of Suffolk County File#577 P 1988, and as sole heir at law and distributee under the Administration of Ellen R. Robinson, Suffolk County Surrogate's Court File#526 A 1994, with an address of 2105 Oregon Road, Mattituck, NY 11952, hereinafter referred to as the "DECLARANT. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 2105 Oregon Road, Mattituck, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-100-2-4, and shown on a survey prepared by Andre K. Miller, L.S. of True Point Survey, Inc. dated May 13, 2019 (the "Survey"), a reduced copy of which is attached hereto and made a part hereof, and described in the metes and bounds description attached as Exhibit "A" and made a part hereof(the "Property"); and WHEREAS,the Survey shows a"Town of Southold Development Rights Easement Area" of 30.0 acres (the "Easement Area") and an "Excluded Area" of 4.3 acres, both described in the metes and bounds descriptions attached as Exhibit`B" and "C", respectively; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated June 12, 2019 for part of SCTM#1000-100-2-4; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board")has deemed it in the best interests of the Town of Southold(the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit,publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1 DECLARANT may make an application for subdivision or separation or for any other relief from the Town of Southold that would allow subdivision of the "Excluded Area" from the Easement Area, but such application and the approval thereof shall be conditioned upon a minimum development area of 80,000 square feet not being subdivided from the Easement Area. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of-Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. Roger J. Robinson, Declarant ' 6x, /1y oteV- ,14 q:5 SU fe 2 STATE OF NEW YORK) ss.. jj COUNTY OF SUFFOLK) On the 12th day of June, 2019, before me, the undersigned, personally appeared Roger J. Robinson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Pu is ROBERT DEFRESE NOTARY PUBUc,STATE OF NEW YORK Registration No.01DE50M117 Qualified In Suffolk County My Commission Expires October 24,2022 i 3 EXHIBIT A—OVERALL DESCRIPTION ALL that certain plot,piece or parcel of land situate, lying and being in Mattituck,Town of Southold, County of Suffolk,State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road (a variable width Right of Way)distant the following three courses and distances from the corner formed by the intersection of the easterly side of Elijahs Lane(a 50 foot Right of Way)with the southerly side of Oregon Road: 1. North 53 degrees 08 minutes 10 seconds West 56.81 feet through Oregon Road to the north side of Oregon Road; 2. South 59 degrees 44 minutes 10 seconds West 500.88 feet; 3. South 57 degrees 50 minutes 20 seconds West 501.18 feet to the point of BEGINNING; THENCE along the northerly side of Oregon Road South 60 degrees 43 minutes 19 seconds West 473.72 feet to land now or formerly of Krupski; THENCE along Said land the following three courses and distances: 1. North 20 degrees 58 minutes 06 seconds West 3619.29 feet; 2. South 73 degrees 26 minutes 15 seconds West 322.00 feet; 3. North 20 degrees 50 minutes 45 seconds West 73.36 feet; THENCE along land now orformerly of Mount,Gettings and Sheridan the following two courses and distances: 1. North 73 degrees 46 minutes 15 seconds East 327.94 feet; 2. North 69 degrees 19 minutes 08 seconds East 332.23 feet to land now or formerly-of Laveglia; THENCE along said land and land now or farmedy of Pessin, Kae(in, Imbriano and 2205 Oregon Road LLC the following five courses and distances: I. South 22 degrees 42 minutes 00 seconds East 141.89 feet, 2. South 21 degrees 03 minutes 00 seconds East 75.00 feet; 3. South 22 degrees 21 minutes 20 seconds East 37.07 feet; 4. South 23 degrees 06 minutes 30 seconds East 2969.32 feet; S. South 23 degrees 02 minutes 20 seconds East 399.29 feet to the point or place of BEGINNING. Exhibit B- Easement Area FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-003947 ------------------------- -------------------- ------- -- ---------------- ------------------------ ------------ ---------------------— SCHEDULE A-* (Description of the Land) For Tax Map ID(s): 1000-100.00-02.00-P/O 004.000 AMENDED 05/20/2019 ALL that certain plot, piece or parcel of land situate,lying and being in Mattituck,Town of Southold, County of Suffolk. State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road (a variable width Right of Way)distant the following four courses and distances from the corner formed by the intersection of the easterly side of Elijahs Lane(a 50 foot Right of Way)with the southerly side of Oregon Road: 1. North 53 degrees 08 minutes 10 seconds West 56.81 feet through Oregon Road to the north side of Oregon Road; 2. South 59 degrees 44 minutes 10 seconds West 500.88 feet; 3. South 57 degrees 50 minutes 20 seconds West 501.18 feet; 4. South 60 degrees 43 minutes 19 seconds West 274.85 feet to the point of BEGINNING: RUNNING THENCE along the northerly side of Oregon Road South 60 degrees 43 minutes 19 seconds West 198.87 feet to land now or formerly of Krupski; THENCE along said land the following three courses and distances: 1. North 20 degrees 58 minutes 06 seconds West 3619.29 feet: 2. South 73 degrees 26 minutes 15 seconds West 322.00 feet, 3. North 20 degrees 50 minutes 45 seconds West 73.36 feet; THENCE along land now or formerly of Mount, Gettings and Sheridan the following two courses and distances: 1. North 73 degrees 46 minutes 15 seconds East 327.94 feet; 2. North 69 degrees 19 minutes 08 seconds East 332.23 feet to land now or formerly of Laveglia; THENCE along said land and land now or formerly of Pessin, Kaelin, Imbriano and 2205 Oregon Road LLC the following five courses and distances: 1. South 22 degrees 42 minutes 00 seconds East 141.89 feet; 2. South 21 degrees 03 minutes 00 seconds East 75-00 feet: 3. South 22 degrees 21 minutes 20 seconds East 37.07 feet; 4. South 23 degrees 06 minutes 30 seconds East 2686.88 feet; THENCE South 66 degrees 56 minutes 38 seconds West 242.56 feet; THENCE South 06 degrees 39 minutes 36 seconds East 107.18 feet; THENCE South 23 degrees 01 minutes 48 seconds East 608.70 feet to the northerly side of Oregon Road and the point or place of BEGINNING. Commitment for Title Insurance Printed: 05.20.19 @ 03:13 PM Schedule A-1 Description NY-FT-FRVH-01030 431004-SPS-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-003947 SCHEDULE A-'I (Continued) 1 THE POLICY TO BE ISSUED under this commitment will Insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Printed: 05.20.19 @ 03:13 PM Schedule A-1 Descnpbon NY-FT-FRVH-01030.431004-SPS-1-19-7404-003947 If f f l { EXHIBIT C—EXCLUDED AREA ALL that certain plot, piece or parcel of land situate,lying and being in Mattituck,Town of Southold, County of Suffolk,State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road(a variable width Right of Way)distant the following three courses and distances from the corner formed by the intersection of the easterly side of Elijahs Lane(a 50 foot Right of Way)with the southerly side of Oregon Road: 1. North 53 degrees 08 minutes 10 seconds West 56.81 feet through Oregon Road to the north side of Oregon Road; 2. South 59 degrees 44 minutes 10 seconds West 500.88 feet; 3. South 57 degrees 50 minutes 20 seconds West 501.18 feet to the point of BEGINNING; THENCE along the northerly side of Oregon Road South 60 degrees 43 minutes 19 seconds West 274.85 feet; THENCE North 23 degrees 01 minutes 48 seconds West 608.70 feet; THENCE North 06 degrees 39 minutes 36 seconds West 107.18 feet; THENCE North 66 degrees 56 minutes 38 seconds East 242.56 feet to land now or formerly of 2205 Oregon Road LLC; THENCE along said land the following two courses and distances: 1. South 23 degrees 06 minutes 30 seconds East 282.44 feet; 2. South 23 degrees 02 minutes 20 seconds East 399.29 feet to the point or place of BEGINNING. t SOUNOVIEW AVENUE (5a AOW) ' N.527 15•E 327 N69°I9.08'E 33223 { LL~S22°42'00'E 73 36' S73'26'IS-W F _1 w� 32200 ,,,.,,N�a ` S21°03'00-E lur \-rpsf e eT 75.00' r 1 "\S22-21-20-E 37 07' 1 1 I n ' 1 � r 1 G 1 to r qr{t I I r � i i t i I i � r.r uuAm± i I I i Iv � 1 I I I r i 1 t ' r'°W I r ; 4 411 GI g ,4Ld V n 1 I ' ' ...v 1 W� a'E v�6 �an `-iu `�� s .r-"'"---'fls a'`n-____-•t/'•—_ i m� . --` S60°43'19'w 4737V OREGON FIOAO i Naa_cowl I ` ; _PAI ImI vier IW AV 2 ur f i � 1 _ RIDE Taua.t� � t'a40-•-)' __ �'i i�•� 't i��� ]t.�iR;G:M kM<r I&VEX. i0K4 Q SyCUT C.P. ����"- e"'..3'+e m�•�"... .ry as i w"�.'•'Iw � C4.T•(u S.rf'aA f fC______�___ w m.rta,wrom.twv�oar.W, - S•At. 4!i lQf4 d5. a. Nstont t>F,G zftl _ l���t.rwmvime,ow.vc "'ar�'^`^^�m'�riY iArn/n w�. n T I T L E P O L I C Y ALTA OWNER'S POLICY OF TITLE INSURANCE Policy Number: Fidelity National Title Insurance Company 7404-003947 Any notice of claim and any other notice or statement in writing required to be given to 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of- 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk Includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue Influence, duress, incompetency, Incapacity, or Impersonation, (ii) failure of any person or Entity to have authorized a transfer or conveyance, (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law, (v) a document executed under a falsified, expired, or otherwise invalid power of attorney, (vi) a document not properly filed, recorded, or indexed in the Public Records Including failure to perform those acts by electronic means authorized by law, or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term "encroachment' includes encroachments of existing Improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land 3. Unmarketable Title. 4. No right of access to and from the Land 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land, (b) the character, dimensions, or location of any improvement erected on the Land, (c) the subdivision of land, or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. Copyright American Land Title Association. All rights reserved. A5"CIATII The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 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. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the Instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state Insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect In or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer In the Public Records that vests Title as shown In Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter Insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Issuing Office: Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive �✓�r"" • Riverhead, NY 11901 Tel (631)727-0600 Fax* (631)727-0606 President t`1LE nKs Countersigned By: o PpO 4r Attest, SEAL y Authorized Officer or Agent Secretary AMERICAN Copyright American Land Title Association. All rights reserved. ;,,„„TITLE ASUCIATI�v The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association. ALTA Owners Policy(06/17/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 SCHEDULE A of^!'olicy,= { g „ e°Amount'of lnsi ra'nce, � 7 June 12, 2019 $1,923,000.00 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 Deed made by Roger J. Robinson, as devisee under the Last Will and Testament of John W. Robinson, Surrogate's Court of Suffolk County File Number 577 P 1988, and as sole heir at law and distributee under the Administration of Ellen R. Robinson, Suffolk County Surrogate's Court File Number 526 A 1994, dated June 12, 2019 to be recorded In the Suffolk County Clerk's Office. 4. The Land referred to in this Policy is described as follows See Schedule A(Continued), following. AMERICAN Copyright American Land Title Association. All rights reserved. LAND T171 .,-0 0v The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as Itt of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association ALTA Owner's Policy(06/17/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 1 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 SCHEDULE A (continued) AMENDED 05/20/2019 ALL that certain plot, piece or parcel of land situate, lying and being in Mattituck,Town of Southold, County of Suffolk, State of New York bounded and described as follows: BEGINNING at a point on the northerly side of Oregon Road (a variable width Right of Way) distant the following four courses and distances from the corner formed by the intersection of the easterly side of Elijahs Lane (a 50 foot Right of Way)with the southerly side of Oregon Road: 1. North 53 degrees 08 minutes 10 seconds West 56.81 feet through Oregon Road to the north side of Oregon Road, 2. South 59 degrees 44 minutes 10 seconds West 500.88 feet; 3. South 57 degrees 50 minutes 20 seconds West 501.18 feet; 4. South 60 degrees 43 minutes 19 seconds West 274.85 feet to the point of BEGINNING; RUNNING THENCE along the northerly side of Oregon Road South 60 degrees 43 minutes 19 seconds West 198.87 feet to land now or formerly of Krupski, THENCE along said land the following three courses and distances: 1. North 20 degrees 58 minutes 06 seconds West 3619.29 feet, 2. South 73 degrees 26 minutes 15 seconds West 322.00 feet; 3. North 20 degrees 50 minutes 45 seconds West 73 36 feet; THENCE along land now or formerly of Mount, Gettings and Sheridan the following two courses and distances:. 1. North 73 degrees 46 minutes 15 seconds East 327.94 feet; 2 North 69 degrees 19 minutes 08 seconds East 332 23 feet to land now or formerly of Laveglia, THENCE along said land and land now or formerly of Pessln, Kaelin, Imbriano and 2205 Oregon Road LLC the following five courses and distances 1. South 22 degrees 42 minutes 00 seconds East 141.89 feet; 2. South 21 degrees 03 minutes 00 seconds East 75.00 feet; 3. South 22 degrees 21 minutes 20 seconds East 37.07 feet, 4 South 23 degrees 06 minutes 30 seconds East 2686.88 feet; C THENCE South 66 degrees 56 minutes 38 seconds West 242.56 feet; THENCE South 06 degrees 39 minutes 36 seconds East 107.18 feet, AMERICAN Copyright American Land Title Association. All rights reserved. EAT rilEE .. A11.01 wv The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association ALTA Owner's Policy(06/17/2006) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 SCHEDULE A (continued) THENCE South 23 degrees 01 minutes 48 seconds East 608.70 feet to the northerly side of Oregon Road and the point or place of BEGINNING. END OF SCHEDULE A AMkRICAN Copyright American Land Title Association. All rights reserved. kAhn TITLE A,fV�IATIV\' The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association. ALTA Owner's Policy(0611712006) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 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. Agricultural Commitment in Liber 8234 Page 181, Liber 8428 Page 94 and Liber 8623 Page 483. 2. Terms, Conditions, Covenants and Provisions contained in the deed or easement to be insured. 3. Survey made by Andre K. Miller, LLS, dated May 13, 2019 shows unpaved road traverses southwest corner or premises,farm equipment, nursery plantings, irrigation equipment, hydrant, pond at northwest corner of premises. END OF SCHEDULE B AASf RICAN Copyright American Land Title Association. All rights reserved. I A,q Ti;IF nSVCIaitV' The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06117/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that anse by reason of. 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to budding and zoning)restricting, regulating, prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land, (ii) the character,dimensions,or location of any improvement erected on the Land, (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters (a) created,suffered,assumed,or agreed to by the Insured Claimant, (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10),or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4 Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5 Any lien on the Title for real estate taxes or assessments 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. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean (a) "Amount of Insurance" The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b),or decreased by Sections 10 and 11 of these Conditions (b) "Date of Policy": The date designated as"Date of Policy"to Schedule A (c) "Entity` A corporation,partnership,trust,limited liability company, or other similar legal entity (d) "Insured" The Insured named in Schedule A (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives,or next of kin, (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization, (C) successors to an Insured by its conversion to another kind of Entity, (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes (n) With regard to(A), (B), (C), and (D)reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured (e) "Insured Claimant" An Insured claiming loss or damage (f) "Knowledge"or"Known" Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. A AI FRI CAN Copyright American Land Title Association. All rights reserved. LAND n,Ll The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association ALTA Owner's Policy(06/17/2006) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 (continued) (g) "Land" The land described in Schedule A,and affixed Improvements that by law constitute real property. The term"Land"does not include any property beyond the Imes of the area described in Schedule A,nor any right,title,Interest,estate,or easement in abutting streets,roads, avenues, alleys, lanes,ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security Instrument,including one evidenced by electronic means authorized by law. (i) "Public Records" Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located q) "Title" The estate or interest described in Schedule A. (k) "Unmarketable Title` Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue In force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or Interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not Insured against by this policy (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use, at its option, the name of the Insured for this purpose Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i)in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation AMERICAN Copyright American Land Title Association. All rights reserved. LAND Tii If The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association ALTA Owner's Policy(06/17/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, Inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, Including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company,the Insured Claimant shall grant Its permission, In writing,for any authorized representative of the Company to examine,inspect, and copy all of these records In the custody or control of a third party that reasonably pertain to the loss or damage. All Information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it,is necessary in the administration of the claim Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested Information, or grant permission to secure reasonably necessary Information from third parties as required in this subsection, unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In addition, the Company will pay any costs, attorneys'fees, and expenses Incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay, or (II) To pay or otherwise settle voth the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys'fees,and expenses Incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company Is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i) or(Ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance,or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy (b) If the Company pursues Its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by Ten Percent(10%),and (II) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shall have,no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITLE :,s� The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Pnnted 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy Insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and 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 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance vAth these Conditions,the payment shall be made within thirty(30)days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs, attorneys'fees, and expenses paid by the Company. If requested by the Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle In the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of Insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules") Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service In connection with Its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars($2,000,000) or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars($2,000,000)shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,If any,attached to it by the Company Is the entire policy and contract between the Insured and the Company In interpreting any provision of this policy,this policy shall be construed as a whole (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of Its terms and provisions. Except as the endorsement expressly states, it does not (i)modify any of the terms and provisions of the policy, (n)modify any prior endorsement, (III)extend the Date of Policy,or(Iv)increase the Amount of Insurance 16. SEVERABILITY In the event any provision of this policy,In whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW;FORUM (a) Choice of Law. The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests In real property and applicable to the Interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land Is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land Is located to determine the validity of claims against the Title that are adverse to the Insured and to Interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company P O Box 45023 Jacksonville,FL 32232-5023 Attn Claims Department END OF CONDITIONS Copyright American Land Title Association. All rights reserved. AN;)r-`„F Z-C-L" The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association ALTA Owner's Policy(06/17/2006) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-003947 (continued) Copyright American Land Title Association. All rights reserved. L�µ �`Y" A1100111- The ,>001 vThe use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number: Issued By: 0 Fidelity National Title 7404-003947 Insurance'Company 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. Fidelity National Title Insurance Company Dated: June 12, 2019 Countersigned By: Authorized Signatory Standard New York Endorsement(7/1/12) Printed 07 02 19 @ 11 58 AM For Use With ALTA Owner's Policy(6/17/06) NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 1 l POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy Number: Issued By: Fidelity National Tltl.e 7404-003947 Insurance Company When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements Issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures In accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (Iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: June 12, 2019 Countersigned By Authorized Signatory TIRSA Policy Authentication Endorsement(6/24/16) Printed 07 02 19 @ 11 58 AM NY-FT-FRVH-01030 431004-SPS-27306-1-19-7404-003947 N Y �� S A �� G 1VI ��: K T S W A I 1 � E R �. 0 WAIVER NYS DEPARTMENT OFAGRICULTUREAND MARKETS The undersigned, owner of"rZ�• r�(cres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. p/o 1000-100-2-4 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTTHHOLD WILLIAM P. RULAND, Deputy Supervisor Rog J. RO inson 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) ) ss.. COUNTY OF SUFFOLK ) On the 12th day of June, 2019, before me personally appeared WILLIAM P. RULAND, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto b like order. Notary Public ROBERT DEFRESE NOTARY PUBLIC,STATE OF NEW YORK Registration No.01DE5035117 Qualified in Suffolk County My Commission Expires October 24,2022 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 12th day of June in the year 2019 before me, the undersigned, personally appeared Roger J. Robinson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged tome that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the ndersigned. Notary Public ROBERT DEFRESE NOTARY PUBIJC,STATE OF NEW YORK Registration No.01 DE5035117 Qualified in Suffolk County My Commission Expires October 24,2022 2 NEWYORK Agriculture STATE OF + OPPORTUNITY- and Markets ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner ����Q��� July 18, 2019 Melissa Spiro JUL 1 9 2019 Department of Land Preservation Town of Southold LAND PRESERVATION DEPT Town of Southold PO Box 1179 - Southold, NY 11971-0959 RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Roger J. Robinson, for approximately 29.97 acres of active farmland (Tax Parcel ID No 1000-100-2-4) located in the Town of Mattituck. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore; the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision' (4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of Mattituck its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely Kate Tylutki Senior Environmental Analyst cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 19/042-W Division of Land and Water Resources 1013 Airline Dr.Albany,N Y., 122351 518-457-8887 1 www agnculture.ny gov OFFICE LOCATION: MELISSA A.' SPIRO. �QF SOUry Town Hall Annex LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25 melissa.spiro@w ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York' Telephone(631)765-5711 N 'c www.southoldtownny'D°V �l� ^�Y� MAILING ADDRESS: '00um P.O. Box 1179 Southold, NY 11'971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 10,2019 Kate Tylutki Senior Environmental Analyst Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany;NY 12235 Re: ROBINSON to TOWN OF SOUTHOLD SCTM#1000-100.-2-4.2 Dear Ms.Tylutki: Enclosed please find the"Waiver—, NYS Department of Agriculture and Markets"that was executed by Southold Town Deputy Supervisor William P.Ruland and Roger J. Robinson at a closing held on June 12, 2019 for a development rights easement on farmland identified as part of SCTM#1000-100.-4-2.Details regarding this easement are as follows: GRANTOR: Roger J.Robinson GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: July 8,2019 LIBER: D00013018 PAGE: Page 548 LOCATION: 2105 Oregon Road,Mattituck EASEMENT ACREAGE: 30.0 acres SUFFOLK CO TAX MAP#: flca 1000-100.00-02.00-p/o 004.000 nka 1000-100.00-02.00-004.002 Please provide me with a written acknowledgment of your receipt of thevaiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y ��' S D E �' C R E �� G I S T IZ �� � 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)402-9442 1 F:(518)402-9028,1 Landsforestsftdec.nygov www.dec.ny.gov July 22, 2019 ------ ILLAND C 174Town of Southold Department of Land Preservation 22 2019 Melanie Doroski Sr.Administrative AssistantERVATION DEPT PO Box 1179 f Southold Southold, NY 11971-0959 Dear Ms. Doroski: We received the following conservation easement from you'on July 10, 2019: CE: Suffolk 0675 Grantor: Roger J. Robinson Deed: D00013018, Page 548 Recorded:; July 8, 2019 The conservation easement cited above has been identified for our indexing and filing purposes. The number may be needed for the landowner to claim a conservation easement tax credit, however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT-242i (excerpt below):, Note:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions,for the year of the donation.Also acceptable-is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased: •for no consideration or a nominal amount, or •forless than fair market value(FMV),provided,in this case,the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at.the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations-section 1. 170A-13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit. It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions. When contacting this office about these parcels, please use•the assigned conservation easement number. Thank you. Sincerely, Lynn M. Lindskoo +� y 9 Real Estate Specialist 1 Bureau of Real Property Iml NEwYoRtc. 13e artmentof; a"c r0,r 'Eiiv rohinental Conservation OFFICE LOCATION: MELISSA A. SPIRO *OF SO(/ry Town Hall Annex LAND PRESERVATION COORDINATORh�� O1 54375 State Route 25 melissa.spiro@w ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 N �c i� MAILING ADDRESS: www.southoldtownny.gov y ��,� P.O. Box 1179 COU Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 24, 2019 Roger J. Robinson P.O. Box 264 Mattituck, NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 0675 SCTM#1000-100.-2-4.2 Dear Mr. Robinson: Please be advised that the Town's purchase of a development rights easement on your parcel referenced above has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier, CE: Suffolk 0675. You will need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. VerQDoro C,1Mel Sr. Administrative Assistant enc. OFFICE LOCATION: MELISSA A. SPIRO �QF SO(/Ty Town Hall Annex LAND PRESERVATION COORDINATOR �0� Ol0 54375 State Route 25 mw elissa.spiro@ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 MAILING ADDRESS: www.southoldtownny.gov l P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov July 10,2019 NYSDEC Bureau of Real Property 625 Broadway,5`h Floor Albany,NY 12233-4256 Attention: Nancy Stock,Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry ROBINSON 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: Roger J.Robinson GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: July 8,2019 LIBER: D00013018 PAGE: 548 LOCATION: 2105 Oregon Road,Mattituck,NY EASEMENT ACREAGE: 30.0 acres SUFFOLK CO TAX MAP#: fka 1000-100.00-02.00-p/o 004.000 nka 1000-100.00-02.00-004.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Roger J.Robinson '' i 1 E :' iZ T �' Y �. R E C �� 1� ,� D �� S CLOSING STATEMENT ROGER J. ROBINSON to TOWN OF SOUTHOLD part of SCTM #1000-100.-2-4 Total Development Rights Easement— 30.0 acres Total Parcel Acreage — 34.3 acres Excluded Area — 4.3 acres Premises: 2105 Oregon Road, Mattituck, New York Closing took place on Wednesday, June 12, 2019 at 2:00 p.m., Southold Town Hall Annex from left to right: William P. Ruland, Deputy Supervisor Roger J. Robinson 'tom. A v y �®vaFFOLIr OFFICE LOCATION: MELISSA A.SPIRO ® ®� Town Hall Annex LAND PRESERVATION COORDINATOR tea. .fes 54375 State Route 25 melissa spiro@town southold.ny.us .G (comer of Main Rd&Youngs Ave) C Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 ®y ® MAILING ADDRESS: www.southoldtownny.gov ®j ��® P O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: June 12, 2019 Re: ROBINSON to TOWN OF SOUTHOLD Part of SCTM#1000-100.-2-4 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: 2105 Oregon Road, Mattituck SCTM#: part of 1000-100.-2-4 PROPERTY OWNER: Roger J. Robinson (heir to the Robinson Estate) CONTRACT DATE: March 7, 2019 PURCHASE DATE: Closing took place on June 12, 2019 PURCHASE PRICE: $1,923,000 00 (30 0 acres @$64,100/buildable acre) EASEMENT ACREAGE: 30.0 acres TOTAL PARCEL ACREAGE: 34.3 acres EXCLUDED AREA ACREAGE: 4.3 acres at southeasterly corner of parcel includes a residential dwelling and several other structures Covenants& Restrictions were recorded stating that any subdivision of the Excluded Area shall be conditioned upon a minimum development area of 80,000 square feet remaining part of the Easement Area. ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) R I A L S 21 a5 Oregon Rd 5 -y1 44 .A 1 y � - „i Sar- • \ '\ � � 1 _ Googlelarth 111 1 Mqgk je I RV. Site: 2105 Oregon Road, Mattituck, New York SOTM #1000-100-2-4 Year. 2016 .r � R is a r 4 � R • 5, 11 L i LN Site: 2105 Oregon Road, Mattituck, New fork SO M #1000-100-2-4 Year: 2007 s� x a rs v �� Z •P r Site: 2105 Oregon Road, Mattituck, New York SO M#1000-100-2-4 Year. 2001 �t w4e Iqw A t r., R 1 ' ` Y r Site: 2105 Oregon Road, Mattituck, New fork SOTM #/000-100-2-4 Year.- 1984 T 5 't t � Ie N oy y A y Site: 2105 Oregon Road, Mattituck, New York SCTM #1000-100-2-4 Year: 1962 S '� U �� R v E #019.03-11 JQ• SOUNCIVIEW AVENUE X50` ROAM N73046 ' 5"E 327 N69019108"E 94 332.23 I CONC N/F MOUNT � DIST. 1000 i N/DIST. N/F SHERIDAN S � ` FOUND� SECT.94 BLOCK 2 S220 421 00"E LOT 1.5 1 SECT.94 BLOCK 21 DIST. 1000 N,�¢6�15 LOT 1.4 j SECT.94 BLOCK 2 3v.9 , LOT 2 i 141. 89 N20°50'45"W S732s'>sv ¢, x69'1908 33223' coNc 322.00 g a, MONUMENT I 73.36' #20'50'45v POND � 'z E 3.5 I , AREA = 2,453 SQ. FT. cV N/F LAVEGLIA 3.36 i 7OR 0.06 ACRES DIST. 1000 i SECT.94BLOCK 2 i ! S 73° a � ` � I ' 26 15 W LOT 43 I n N g � 4' CLF p � I n I 3Z2. 00 S21 03 00 E S22'2120 y FENCE 37.07' E 6.9 75. 00' I S22°21 '20"E 37. 07' I N/F PESSIN DIST. 1000 SECT.94 I BLOCK 2 LOT 5 I I FENCE O'% E 16.0' N x I cv • Icy I all. 5'x-xMETAL I - i N FENCE E 32.6' N/F KAELIN DIST. 1000 SECT.94 1 BLOCK 2 LOT 43 I I I I . _ . _ . _ . _. . _. . I I DIST. 1000 SECT. 100 BLOCK 2 I LOT 4 I CONTAINING 1,493,997 SQUARE FEETFENCE OR 34.3 ACRES E 12.0 I I i DEIfZOPMENT R07S EASEMENT I AREA = 1,305,303 SO. f OR 29.97 ACRES I I N/F KRUPSKI i N/F IMBRIANO DIST. 1000 DIST. 1000 SECT. 100 I SECT.94 I BLOCK 2 3 BLOCK 2 LOT 3.2 i 3 LOT 43 1 Im -co � I HYDRANT i I j IRRIGATION i I EQUIPMENT I � i • I I I I FENCE j E 11.0' 1 I i I I j NURSERY E 21.9' I I � I � C I • I I C I I c I i ' I C N/F 2205 OREGON ROAD LLC DIST. 1000 I SECT. 100 j I C BLOCK 2 1 I C LOT 5.5 I j NURSERY I C W PLANTINGSLAJ cn I - ,o / I CZ K� I C:) o I L0iC ° ,c�, I 56656:U1Y 24256' N IJ N66'SKur 242.56' i C NURSERY k14 I �W SQ N I BLDG. I I � ' 4 o EXCLUDED AREA E 32.3' o / AREA = 188,692 SQ. fT. I I IC46I OR 4.3 ACRES i BLDG. __ -- -- - E 32.2' I FOUNDATION CONC N BLDG. W I a E 7.0 - SHED '� BLDG., N � N/F 2205 OREGON ROAD LLC I FRAME E��-E 6.3 - N DIST. 1000 (- REBAR N SECT. 100 W�CAP o GARAGE FRAME a E 2 5E 0 C1 BLOCK 2 N53'08'101Y o FRAME GE �, LOT 5.4 56.81 ziE SHED o M � I I N Sg9444'101N_. .._ FENCE N/F KRUPSKI i BRICK E 3.4' - 50088' DIST. 1000 FARM 2105 WELL SECT. 1 P I EQUIPMENT i 2 FRAME 55_7_5020"w' I LOT 3.1 i '0 L!'019'W �S60-4-3�'19V 274.85' __�_ 501.18 m 98.87' - �� _ CONC �•. r I _ CONC MONUMENT (n! c- OU CONC MONND FOUND F 0 MENT T LI I OUND FOUND EA p 3`t911W 473 .72,US60 4 OREGON ROAD Zm (VAR. SO" R 77c FEW FE13 H AY 1 6 2019 LAND PRESERVATION DEPT DIST. 1000 SECT. 100 BLOCK 2 LOT 4 Town of Southold �� � ±)�� :•t P""""te' .1►'F , ,Z, , , �, NOTES: t. TITLE SURVEY T 2� "ONLY COPIES FROM THE ORIGINAL OF 1. PROPERTY INFORMATION SHOWN IS OF EXISTING r , 7 at \1, THIS SURVEY MARKED WITH AN ORIGINAL CONDITIONS AS OF 4/4/19. OF THE LAND SURVEYOR'S INKED OR ? ° EMBOSSED SEAL SHALL BE CONSIDERED 2. THIS IS TO CERTIFY THAT THERE ARE NO 2105 OREGON ROAD TO BE A TRUE VALID COPY" STREAMS OR NATURAL WATERCOURSES IN THE MATTITUCK "UNAUTHORIZED ALTERATIONS OR ADDITIONS PROPERTY AS SHOWN ON THIS SURVEY. ' TO A LAND SURVEYING DRAWING CERTIFIED T0: = TOWN OF SOUTHOLD r a_ � BEARING A LICENSED PROFESSIONAL LAND 3. THERE ARE NO UNDERGROUND OR OVERHEAD 409 LAKE AVENUE SURVEYOR'S SEAL IS A VIOLATION OF TOWN OF SOUTHOLD UTILITIES SHOWN ON THIS MAP. SAINT JAMES, NY 1 17B❑ COUNTY OF SUFFOLK 2 OGLE 145, SECTION 7STATE PARAGRAPH ESTATE OF JOHN W. ROBINSON(ROGER ROBINSON,HEIR) TEL: 631.672.24B 1 STATE OF NEW YORK 1 1952 4 LAW FIDELITY NATIONAL TITLE INSURANCE 4. THE DIMENSIONS SHOWN HEREON ARE FOR A Fx: 631.716.7780 ANDRE K. MI SPECIFIC PURPOSE AND MAY NOT BE USED TO NEW YORK LIC. N0. 50921 GUIDE IN THE ERECTION OF STRUCTURES OR INFO@TRUEPOINTSURVEYINC.COM FENCES. 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