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Home My WebLink AboutMDH LLC & 410 Sound Ave, LLC (DiVello Properties) OFFICE LOCATION: MELISSA A. SPIRO '®f so Town Hall Annex LAND PRESERVATION COORDINATOR ® ®�® 54375 State Route 25 melissa.spiro@w ton.southold.ny.us (corner of Main Road& Youngs Avenue) 093 0 Telephone(631)765-5711 Southold, New York 5k www.southoldtownny.gov ® a® MAILING ADDRESS: ®hoc®U9� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: Elizabeth A. Neville Town Clerk OCT 2 3 209 From: Melanie Doroski Southold Town Clerk Sr. Administrative Assistant Date: October 22, 2019 Re: "PATRICIA DIVELLO" Properties MDH LIMITED LIABILITY COMPANY to TOWN OF SOUTHOLD Development Rights Easement(8.1313 acres) SCTM #1000-120.-3-2.2 Premises: 260 Sound Avenue, Mattituck, New York 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD Development Rights Easement (7.6899 acres) SCTM #1000-120.-3-11.8 Premises: 410 Sound Avenue, Mattituck, New York Betty: Enclosed for safekeeping in your office, please find the following documents in regard to the Town's acquisition of development rights easements from Patricia DiVello, Managing Member of both MDH Limited Liability Company and 410 Sound Avenue, LLC, as follows: Pertaining to MDH Limited Liability Company: • Original Grant of Development Rights Easement dated July 25, 2019, between MDH Limited Liability Company and the Town of Southold, recorded in the Suffolk County Clerk's office on 9/13/2019, in Liber D00013028 at Page 607 • Title insurance policy#0-8911-000864676 issued by Stewart Title on July 25, 2019, in the insured amount of$510,239.07 (file no. 7144173) • Closing Statement Pertaining to 410 Sound Avenue, LLC: • Original Grant of Development Rights Easement dated July 25, 2019, between 410 Sound Avenue, LLC and the Town of Southold, recorded in the Suffolk County Clerk's office on 9/11/2019, in Liber D00013028 at Page 130 • Subordination Agreement dated July 23, 2019 between Farm Credit East ACA and the Town of Southold, recorded in the Suffolk County Clerk's Office on 9/11/2019, in Liber 13028 at Page 131 • Subordination Agreement dated July 23, 2019 between Farm Credit East ACA and the Town of Southold, recorded in the Suffolk County Clerk's Office on 9/11/2019, in Liber 13028 at Page 132 • Title insurance policy#0-8911-000864677 issued by Stewart Title on July 25, 2019, in the insured amount of$482,541.22 (file no. 7144175) • Closing Statement Pertaining to both MDH Limited Liability Company and 410 Sound Avenue, LLC: • Original Declaration of Covenants and Restrictions dated July 25, 2019, between MDH Limited Liability Company and 410 Sound Avenue, LLC to the Town of Southold, recorded in the Suffolk County Clerk's office on 9/13/2019, in Liber 13028 at Page 608 • Closing Memo dated 8/5/2019 Thank you. Melanie encs. cc: Assessors w/copies of recorded easements SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 09/13/2019 Number of Pages : 25 At: 02 :53 : 36 PM Receipt Number : 19-0173148 TRANSFER TAX NUMBER: 19-05097 LIBER: D00013028 PAGE : 607 District: Section: Block: Lot: 1000 120 . 00 03 . 00 002 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $510,239. 07 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 . 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 $16.25 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 .00 NO Fees Paid $386.25 TRANSFER TAX NUMBER: 19-05097 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 REs_!_� - RDED Number of pages 2019 c r, 13 02!57-36 PH JUDITH A. PASCALE " cR, OF This document will be public SUFFOLK COMITY rD00013028record. Please remove all L F x,13 Social Security Numbers ttT 0 7 1?-05097 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp ' Recofding/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total �� Spec./Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax ¢ Affidavit + Mansion Tax n �µpE48 �(v i ied Copy 1�� The property covered by this mortgage is - ll or will be improved by a one or two urcharge 15. 00 Sub Total 1117 family dwelling only. Other ry / YES or NO Grand Total 6 (/J If NO,see appropriate tax clause on page# of this instrument. 4 1st. 19029475 1o00 12000 0300 002002 1 5 Community Preservation Fund Real PropeP T S Tax Servic R LPA A I Consideration Amount $ Q? Agency i 12SEP4 CPF Tax Due $ Verificatio Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land 0�J-4-114CNt_ 0 ) /JUJU, � TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, IVY 11901 Co.Name ��w ( fir." )� www.suffolkcountyny.gov/clerk Title# y 1 --7 3 81 Suffolk County Recordin & 'Endorsement Page This page forms part of the attached ) I made by: (SPECIFY TYPE OF INSTRUMENT) .r T !' y The premises herein is situated in ,ems rv. e/-:) „ SUFFOLK COUNTY,NEW YORK. TO In the TOWN of u + 1-, o L 'C�' w 1J Ic, In the VILLAGE (=3--If or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..10/08kk (over) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10' and on or before May 316C Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 �,. (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of-Taxes' Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 ` • Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104..06/06kd m 7/ Sy73 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of July, 2019 at Southold, New York. The parties are MDH LIMITED LIABILITY COMPANY, c/o Patricia DiVello, 220 Blossom Bend, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). 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 #1000-120-3-2, 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 Peconic Surveyors, P.C., dated May 1, 2019 (a reduced copy of which is attached 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 actively farmed; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and 1 WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of FIVE HUNDRED TEN THOUSAND TWO HUNDRED THIRTY-NINE 07/100 DOLLARS ($510,239.07) 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 acid made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the'Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens. 2 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but is not limited to a survey prepared by Peconic Surveyors, P.C., dated May 1, 3 2019, and a Phase 1 Environmental Site Assessment dated April 10, 2019 by Nelson Pope and Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(x)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in 4 the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. 5 ARTICLE TWO SALE GRANTOR, for of FIVE HUNDRED TEN THOUSAND TWO HUNDRED THIRTY-NINE AND 07/100 DOLLARS ($510,239.07) 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 normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 6 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs,- billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 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 properties 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 and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a 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 3.08 Soil and Water- Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain, and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions_of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in 10 the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with 11 the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any 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. 12 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach,, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by 'Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 e 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be reasonably necessary to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any such easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 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. 17 Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 18 e . 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: MDH LIMITED LIABILTY COMPANY, Grantor By: Pid'� Patricia DiVello, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 STATE OF NEW YORK) COUNTY OF SUFFOLK), SS.• On the Z day of - in the year 2019 before me, the undersigned, personally appeared Patricia DI l ello, personally known to me or proved to me on the basis ofsatlsfactory 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 instrumen . _"_,__G�"-� , Signatur%ice ofindividua king acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK STA TE OF NEW YORK ) No 01K04870006 COUNTYOFSUFFOLK ) SS.• Qualified in Suffolk County My Commission Expires 09-02-2022 On this 2 Sday of _Z�_j1 in the year 2019 before me, the undersigned, personally appeared Scott A. Russe , in 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 ins ument. Signatur%fce of Indftdu6taking acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 Kc,-o✓'ol q— F 0-'t R I o,-& 51020 mo,;A RA 50Ar OUB NY I1971 20 stewart t't[e� I Policy Number: 0-8911-000864676 � Date of Policy: July 25, 2019 File Number: 7144173 SCHEDULE A— DESCRIPTION OVERALL DESCRIPTION: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1,543.12 feet; THENCE South 73 degrees 31 minutes 00 seconds West along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 1,29216 feet (deed); 1292.61 feet (actual) to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. - Schedule A Description(Page 1 of 3) - stewa t titlO Policy Number: 0-8911-000864676 Date of Policy: July 25, 2019 File Number: 7144173 EXCLUDED AREA: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 490.61 feet; THENCE South 70 degrees 13 minutes 30 seconds West, 339.46 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 259.65 feet to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last-mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last-mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. -Schedule A Description(Page 2 of 3) - Stewart titin Policy Number: 0-8911-000864676 Co Date of Policy: July 25, 2019 File Number: 7144173 DEVELOPMENT RIGHTS EASEMENT AREA: (TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East, 490.61 feet to the true point of beginning; THENCE, South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1052.51 feet; THENCE South 73 degrees 31 minutes 00 seconds West still along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; Thence North 19 degrees 45 minutes 00 seconds West along the last mentioned land, 1032.96 feet; THENCE North 70 degrees 13 minutes 30 seconds East, 339.46 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3) - SURVEY OF PROPERTY SOUND AVE a a AT LAUREL TOWN OF SOUTHOLD SUFFOLK COUNTY, NY, IOOO-120-09-02 150 l000� �� — O SCALE Itate19 ___1.2N00'--� 9 wart, S. Ame rz tors(ecv A0.X)INER) / t7 S L r1DwLx sum uc 9 \ x175. S®' 1 N7p1ti°� f fiT t a 1 G. T, MMDMMDAau-z 7104o4—ES / 8d /T7p1J3° N/0/ DMOI.—Pop115 EASEMENT ApFA.J 1313 ACRES 410 S D AVE LW L L a A Q a a Iz 2 ➢A t1 2 2 0 0 � 0 � 1[V N�IORY LLC N 4 O A S K CEAtaYD I0. TOWN OF SDIITNOLD DEVELOPMENT RIGHTS IOVN OT 50UMOlD YON LLC TOTALLOTARFA•10MirACPE9 $iEX'Agf TRE MAIRNICE COMPANY OEVELOPbPM PoONTJ GSEYEMAREA•41°IS— IXCLUOEDAPFA•11101 ACHEB KEY 0 3A0 At A _� a . AXE B Aq[ 5733+'p0"� wP^`p 40„ ■ YE�rH� � `i �a 'Vtq r''�L1,r.•1 v,-warn Para room of°somow , "• � \4 N0.19619 PE C w0 FPG .aut m ATEA-�D ACMM swiE»e� .ao em�av Ga)90X 9031AX(931))63-I19) r ar sAo vis ov arts t3'ObEom ay I57RQT19-019 ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY stewart title Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY,a New York corporation, (the"Company's 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; (m) 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. 7.- The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: tN5UR PO `'�°P John Prates +�A -41. 1987 President and General Counsel �•y kd� Craig Gol en erg Division P es' ent Denise rraux Secretary If you want information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http•//www StewartNewYork com Serial No.: 0-8911-000864676 File No.:17144173 COVERED RISKS(Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (n) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors'rights laws,or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees,and expenses incurred in insolvency,or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed that arise by reason of in writing to the Company by the Insured Claimant prior to the date 1 (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy, those relating to building and zoning)restricting,regulating, prohibiting,or (c) resulting in no loss or damage to the Insured Claimant, relating to (d) attaching or created subsequent to Date of Policy(however,this does (i) the occupancy,use,or enjoyment of the Land, not modify or limit the coverage provided under Covered Risk 9 and (n) the character, dimensions, or location of any improvement 10),or erected on the Land, (e) resulting in loss or damage that would not have been sustained if the (m) the subdivision of land,or Insured Claimant had paid value for the Title (iv) environmental protection, 4 Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency,or similar creditors'rights laws,that the transaction vesting the regulations This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is under Covered Risk 5 (a) a fraudulent conveyance or fraudulent transfer,or (b) Any governmental police power This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of or limit the coverage provided under Covered Risk 6 this policy 2. 2. Rights of eminent domain This Exclusion does not modify or limit the 5 Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8 governmental authority and created or attaching between Date of Policy and 3. Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed or other instrument of transfer in the Public (a) created,suffered,assumed,or agreed to by the Insured Claimant, Records that vests Title as shown in Schedule A CONDITIONS 1. DEFINITION OF TERMS purposes The following terms when used in this policy mean (n) With regard to(A), (B), (C),and(D)reserving, however,all (a) "Amount of Insurance" The amount stated in Schedule A,as may rights and defenses as to any successor that the Company be increased or decreased by endorsement to this policy, would have had against any predecessor Insured increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant" An Insured claiming loss or damage these Conditions (f) "Knowledge" or "Known" Actual knowledge, not constructive (b) "Date of Policy" The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason Schedule A of the Public Records or any other records that impart constructive (c) "Entity" A corporation,partnership,trust,limited liability company, notice of matters affecting the Title or other similar legal entity (g) "Land" The land described in Schedule A, and affixed (d) "Insured" The Insured named in Schedule A improvements that by law constitute real property The term (1) The term"Insured"also includes "Land"does not include any property beyond the lines of the area (A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, interest, estate, or law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways, devisees, survivors, personal representatives, or next or waterways, but this does not modify or limit the extent that a of kin, right of access to and from the Land is insured by this policy (B) successors to an Insured by dissolution, merger, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security consolidation,distribution,or reorganization, instrument, including one evidenced by electronic means (C) successors to an Insured by its conversion to another authorized by law kind of Entity, (i) "Public Records" Records established under state statutes at (D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and (1) if the stock,shares,memberships,or other equity without Knowledge With respect to Covered Risk 5(d), "Public interests of the grantee are wholly-owned by the Records"shall also include environmental protection liens filed in named Insured, the records of the clerk of the United States District Court for the (2) if the grantee wholly owns the named Insured, district where the Land is located (3) if the grantee is wholly-owned by an affiliated Entity (1) "Title" The estate or interest described in Schedule A of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title" Title affected by an alleged or apparent the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the person or Entity,or Title or lender on the Title to be released from the obligation to (4) if the grantee is a trustee or beneficiary of a trust purchase,lease,or lend if there is a contractual condition requiring created by a written instrument established by the the delivery of marketable title Insured named in Schedule A for estate planning Serial No.: 0-8911-000864676 File No 7144173 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses,prosecuting or defending the action or proceeding,or in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (u) in any other lawful act that in the or interest in the Land, or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as insured If the Company as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required or conveyance of the Title This policy shall not continue in force in cooperation,the Company's obligations to the Insured under the favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to in the Land,or(n)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation, vnth regard to the given to the Insured matter or matters requiring such cooperation (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(Q in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a)of these Conditions,(u)in case inspection,and copying,at such reasonable times and places as Knowledge shall come to an Insured hereunder of any claim of title or may be designated by the authorized representative of the interest that is adverse to the Title, as insured, and that might cause Company,all records,in whatever medium'maintained,including loss or damage for which the Company may be liable by virtue of this books,ledgers,checks,memoranda,correspondence,reports,e- policy,or(iii)if the Title,as insured,is rejected as Unmarketable Title If mads,disks,tapes,and videos whether bearing a date before or the Company is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage provide prompt notice,the Company's liability to the Insured Claimant Further, if requested by any authorized representative of the under the policy shall be reduced to the extent of the prejudice Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to 4. PROOF OF LOSS examine,inspect,and copy all of these records in the custody or In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of damage All information designated as confidential by the Insured payment that the Insured Claimant furnish a signed proof of loss The Claimant provided to the Company pursuant to this Section shall proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the damage and shall state,to the extent possible,the basis of calculating claim Failure of the Insured Claimant to submit for examination the amount of the loss or damage under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information 5. DEFENSE AND PROSECUTION OF ACTIONS from third parties as required in this subsection,unless prohibited (a) Upon written request by the Insured, and subject to the options by law or governmental regulation,shall terminate any liability of contained in Section 7 of these Conditions,the Company,at its the Company under this policy as to that claim own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a claim covered by this policy adverse to the Insured This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy The Company shall have following additional options the right to select counsel of its choice(subject to the right of the (a) To Pay or Tender Payment of the Amount of Insurance To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action It shall not be liable for and together with any costs,attorneys'fees,and expenses incurred by will not pay the fees of any other counsel The Company will not the Insured Claimant that were authorized by the Company up to pay any fees, costs,or expenses incurred by the Insured in the the time of payment or tender of payment and that the Company defense of those causes of action that allege matters not insured is obligated to pay Upon the exercise by the Company of this against by this policy option,all liability and obligations of the Company to the Insured (b) The Company shall have the right, in addition to the options under this policy,other than to make the payment required in this contained in Section 7 of these Conditions, at its own cost, to subsection,shall terminate, including any liability or obligation to institute and prosecute any action or proceeding or to do any other defend,prosecute,or continue any litigation act that in its opinion may be necessary or desirable to establish (b) To Pay or Otherwise Settle With Parties Other Than the Insured the Title,as insured,or to prevent or reduce loss or damage to the or With the Insured Claimant Insured The Company may take any appropriate action under (i) To pay or otherwise settle with other parties for or in the the terms of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against Insured The exercise of these rights shall not be an admission of under this policy In addition, the Company will pay any liability or waiver of any provision of this policy If the Company costs,attorneys'fees,and expenses incurred by the Insured exercises its rights under this subsection,it must do so diligently Claimant that were authorized by the Company up to the (c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay, required or permitted by this policy,the Company may pursue the or litigation to a final determination by a court of competent (u) To pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(Q or(ii),the Company's obligations and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage, right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate, proceeding, including the right to use, at its option, the name of including any liability or obligation to defend, prosecute, or the Insured for this purpose Whenever requested by the continue any litigation Company,the Insured,at the Company's expense,shall give the 11 Serial No.: 0-8911-000864676 File No 7144173 CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY (b) The Company's right of subrogation includes the rights of the This policy is a contract of indemnity against actual monetary loss or Insured to indemnities,guaranties,other policies of insurance,or damage sustained or incurred by the Insured Claimant who has bonds,notwithstanding any terms or conditions contained in those suffered loss or damage by reason of matters insured against by this instruments that address subrogation rights policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance,or (n) the difference between the value of the Title as insured and 14 ARBITRATION the value of the Title subject to the risk insured against by Either the Company or the Insured may demand that the claim or this policy controversy shall be.submitted to arbitration pursuant to the Title (b) If the Company pursues its rights under Section 5 of these Insurance Arbitration Rules of the American Land Title Association Conditions and is unsuccessful in establishing the Title, as ("Rules') Except as provided in the Rules,there shall be no joinder or insured, consolidation with claims or controversies of other persons Arbitrable (i) the Amount of Insurance shall be increased by 10%,and matters may include, but are not limited to, any controversy or claim (u) the Insured Claimant shall have the right to have the loss or between the Company and the Insured arising out of or relating to this damage determined either as of the date the claim was policy, any service in connection with its issuance or the breach of a made by the Insured Claimant or as of the date it is settled policy provision,or to any other controversy or claim arising out of the and paid transaction giving rise to this policy All arbitrable matters when the (c) In addition to the extent of liability under(a)and(b),the Company Amount of Insurance is $2,000,000 or less shall be arbitrated at the will also pay those costs,attorneys'fees,and expenses incurred option of either the Company or the Insured All arbitrable matters when in accordance with Sections 5 and 7 of these Conditions the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration 9. LIMITATION OF LIABILITY pursuant to this policy and under the Rules shall be binding upon the (a) If the Company establishes the Title, or removes the alleged parties Judgment upon the award rendered by the Arbitrator(s)may defect,lien,or encumbrance,or cures the lack of a right of access be entered in any court of competent jurisdiction to or from the Land,or cures the claim of Unmarketable Title,all as insured, in a reasonably diligent manner by any method, 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE including litigation and the completion of any appeals,it shall have CONTRACT fully performed its obligations with respect to that matter and shall (a) This policy together with all endorsements,if any,attached to it by not be liable for any loss or damage caused to the Insured the Company is the entire policy and contract between the Insured (b) In the event of any litigation, including litigation by the Company and the Company In interpreting any provision of this policy,this or with the Company's consent, the Company shall have no policy shall be construed as a whole liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction,and disposition Title or by any action asserting such claim shall be restricted to of all appeals,adverse to the Title,as insured this policy (c) The Company shall not be liable for loss or damage to the Insured (c) Any amendment of or endorsement to this policy must be in writing for liability voluntarily assumed by the Insured in settling any claim and authenticated by an authorized person, or expressly or suit without the prior written consent of the Company incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF of this policy and is subject to all of its terms and LIABILITY provisions Except as the endorsement expressly states,it does All payments under this policy, except payments made for costs, not (i) modify any of the terms and provisions of the policy, (u) attorneys'fees,and expenses, shall reduce the Amount of Insurance modify any prior endorsement, (in)extend the Date of Policy,or by the amount of the payment (iv)increase the Amount of Insurance 11. LIABILITY NONCUMULATIVE 16. SEVERABILITY The Amount of Insurance shall be reduced by any amount the Company In the event any provision of this policy,in whole or in part,is held invalid pays under any policy insuring a Mortgage to which exception is taken or unenforceable under applicable law,the policy shall be deemed not in Schedule B or to which the Insured has agreed,assumed,or taken to include that provision or such part held to be invalid, but all other subject, or which is executed by an Insured after Date of Policy and provisions shall remain in full force and effect which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy 17. CHOICE OF LAW,FORUM (a) Choice of Law The Insured acknowledges the Company has 12 PAYMENT OF LOSS underwritten the risks covered by this policy and determined the When liability and the extent of loss or damage have been definitely premium charged therefore in reliance upon the law affecting fixed in accordance with these Conditions,the payment shall be made interests in real property and applicable to the interpretation, within 30 days rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or an arbitrator shall apply the law of the (a) Whenever the Company shall have settled and paid a claim under jurisdiction where the Land is located to determine the validity of this policy,it shall be subrogated and entitled to the rights of the claims against the Title that are adverse to the Insured and to Insured Claimant in the Title and all other rights and remedies in interpret and enforce the terms of this policy In neither case shall respect to the claim that the Insured Claimant has against any the court or arbitrator apply its conflicts of law principles to person or property,to the extent of the amount of any loss,costs, determine the applicable law attorneys'fees,and expenses paid by the Company If requested (c) Choice of Forum Any litigation or other proceeding brought by by the Company,the Insured Claimant shall execute documents the Insured against the Company must be filed only in a state or to evidence the transfer to the Company of these rights and federal court within the United States of America or its territories remedies The Insured Claimant shall permit the Company to sue, having appropriate jurisdiction compromise,or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or 18. NOTICES,WHERE SENT litigation involving these rights and remedies If a payment on Any notice of claim and any other notice or statement in writing required to account of a claim does not fully cover the loss of the Insured be given to the Company under this policy must be given to the Company at Claimant, the Company shall defer the exercise of its right to Claims Department at 60 East 42nd Street,Suite 1260,New York,NY 10165 recover until after the Insured Claimant shall have recovered its loss Serial No.: 0-8911-000864676 File No 7144173 stow rt ```io Policy Number: 0-8911-000864676 GG�� ii.. Date of Policy: July 25, 2019 File Number: 7144173 Name and Address of Title Insurance Company: Stewart Title Insurance Company 60 East 42nd Street, Suite 1260 New York, NY 10165 SCHEDULE A- CERTIFICATION Amount of Insurance: $510,239.07 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in: Town of Southold by virtue of an Easement Agreement from MDH Limited Liability Company, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 120.00 Block: 03.00 Part of Lot: 002.000 Schedule A Certification (Page 1 of 1) - titlO' Policy Number: 0-8911-000864676 sftewaDate of Policy: July 25, 2019 File Number: 7144173 SCHEDULE A— DESCRIPTION OVERALL DESCRIPTION: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by,the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1,543.12 feet; THENCE South 73 degrees 31 minutes 00 seconds West along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 1,29216 feet (deed); 1292.61 feet (actual) to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. Schedule A Description (Page 1 of 3) - stowaft title Policy Number: 0-8911-000864676 �iYY 4 Date of Policy: July 25, 2019 File Number: 7144173 EXCLUDED AREA: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave, LLC, 490.61 feet; THENCE South 70 degrees 13 minutes 30 seconds West, 339.46 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 259.65 feet to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last-mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last-mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. Schedule A Description (Page 2 of 3) - sYY�tothio Policy Number: 0-8911-000864676 �7 Date of Policy: July 25, 2019 , File Number: 7144173 DEVELOPMENT RIGHTS EASEMENT AREA: (TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East, 490.61 feet to the true point of beginning; THENCE, South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1052.51 feet; THENCE South 73 degrees 31 minutes 00 seconds West still along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; Thence North 19 degrees 45 minutes 00 seconds West along the last mentioned land, 1032.96 feet; THENCE North 70 degrees 13 minutes 30 seconds East, 339.46 feet to the point or place of BEGINNING. Schedule A Descnption (Page 3 of 3) - titi� Policy Number: 0-8911-000864676 �` ewQN1 ��art.. ` GG Date of Policy: July 25, 2019 File Number: 7144173 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights of tenants or parties in possession, if any. 2. Policy excepts all water charges from date of the last actual reading of the meter including all charges entered hereafter but which might include usage prior to the date of this policy. 3. Survey exceptions as shown on survey made by Peconic Surveyors, P.C., last dated 6/12/2019 (Job Number 19-019): As to excluded area: a. Subject to rights of others over gravel road crossing northerly and northwesterly part of premises. As to Development Rights Easement Area: b. No encroachments or variations shown on the Development Rights Easements Area. 4. Terms, conditions, restrictions, and other matters set forth in the Easement Agreement made by .and between Town of Southold and MDH Limited Liability Company, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. t i -Schedule B Part I (Page 1 of 1) - titlO Policy Number: 0-8911-000864676 stewar Date of Policy: July 25, 2019 File Number: 7144173 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services,labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any hen on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: rMStl�gyc John Frates or President and General Counsel �U1987CD b€or' d C31'fic o Agent Ax Denise rraux Secretary Stewart Title Insurance Company 60 East 42nd Street,Suite 1260 New York,New York 10165 STANDARD NEW YORK ENDORSEMENT(7/01/12) FOR USE WITH-ALTA OWNER'S POLICY(6-17-06) eYart titio Policy Number: 0-8911-000864676 Date of Policy: July 25, 2019 File Number: 7144173 POLICY AUTHENTICATION ENDORSEMENT When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a,provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: %is John Frates President and General Counsel °1987 � ,A(/Uho'ri d Effie o Agent *** Denise Q4,aux Secretary Stewart Title Insurance Company 60 East 42nd St., Suite 1260 New York, New York 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) CLOSING STATEMENT MDH, LLC to TOWN OF SOUTHOLD part of SCTM #1000-120.-3-2 Total Development Rights Easement— 8.1313 acres Total Parcel Acreage — 10.8417 acres Excluded Area — 2.7104 acres Premises: 260 Sound Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 2:30 p.m., Southold Town Hall Annex Purchase Price of $510,239.07 (based upon 8.1313 buildable acres @ $62,750 per buildable acre) disbursed as follows: Payable to MDH, LLC $ 510,239.07 Wire transfer to IPM 031 New York (7/25/2019) Expenses of Closing: Appraisals Payable to Brunswick Appraisal Corp $ 1,250.00 Check#117026 (3/26/2013) Payable to Brunswick Appraisal Corp $ 1,250.00 Check#137184 (10/9/2018) Survey Payable to Peconic Surveyors, P.C. $ 2,950.00 Check #139551 (6/4/2019) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00 Check #139413 (5/21/2019) Title Report #7144173 Payable to Stewart Title Insurance Company $ 3,033.00 Check #139905 (7/1612019) Title insurance policy $ 2068 Recording easement $ 420 Certified copy of easement $ 150 Recording C&R's $ 325 Certified copy of C&R's $ 70 Title Closer Attendance Fee Payable to Mary Kolakowski $ 150.00 Check #139904 (7/16/2019) Those present at Closing: Soctt A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Patricia DiVello Seller John DiVello Seller's son Patricia C. Moore, Esq. Attorney for Seller Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant Completed Wire Details Page 3 of 4 Intermediary account Bank name Bank address 1 Bank address 2 Bank address 3 Second Intermediary Information Bank ID type Bank ID Intermediary account Bank name Bank address 1 Bank address 2 (-n D 1 / L-L C Bank address 3 liv i y_k -I-)—avt gv� Wire Initiator Information Wire initiator name: TOWN OF SOUTHOLD Wire initiator address 1 53095 MAIN RD Wire initiator address 2 SOUTHOLD, NY 11971 Wire initiator address 3 Approval History Information Approval status 1 of 1 received Action User 1D Date Time Enter Request KHIGHTOWER 07/25/2019 07 07.38 AM(ET) Approve Request RUFUS2016 07/25/2019 09 11.32 AM(ET) Detail for Confirmation Number 41'84734405 Debit Information Template name IPX Wire type. Domestic wire Account Town of Southold Agency&Trust-`0099 Security code -- Effective date. 07/25/2019 Amount. $510,239.07 Currency USD Entered by. KHIGHTOWER Entry date/time. 07/25/2019 07.07.38 AM(ET) Transmitted by: RUFUS2016 Transmit date/time 07/25/2019 09.11 AM(ET) Status: CONFIRMED Confirmation number 4184734405 Reference number 2019072561 B7GM1 F000332 Recipient Information Bank ID type. ABA BanklD. 042000314 Bank name FIFTH THIRD BANK Bank address 1: CINCINNATI Bank address 2: OH https://peoplesunited,.ebanking-services.convNubi/WireNiews/Wire Transaction 'Details.... 7/29/2019 Completed Wire Details Page 4 of 4 Bank address 3 Recipient account 7026695630 Recipient name INVESTMENT PROPERTY EXCHANGE SERVIC Recipient address 1- 4210 RIVERWALK PKWY,SUITE 200 Recipient address 2 RIVERSIDE,CA 92505 Recipient address 3 Additional information for recipient. OBI REF fbo EX-12-23367-ML,MDH,LLC First Intermediary Information Bank ID type BanklD Intermediary account Bank name: Bank address 1- Bank address 2 Bank address 3- Second Intermediary Information Bank ID type BanklD Intermediary account Bank name Bank address 1 Bank address 2 Bank address 3 Wire Initiator Information Wire initiator name: TOWN OF SOUTHOLD Wire initiator address 1: 53095 MAIN RD Wire initiator address 2: SOUTHOLD;NY 11971. Wire initiator address 3: " Approval History Information Approval status* 1 of 1 received Action UserlD Date Time Enter Request KHIGHTOWER 07/25/2019 07:07:38 AM(ET) Approve Request RUFUS2016 07/25/2019 09:11:32 AM(ET) https:Hpeoplesunited.ebanking-services.com/Nubi/WireNiews/Wire_Transaction Details.... 7/29/2019 To: Page 3 of 4 2019-05-22 13:51.13 EDT IPX1031 -New York From:IPX1031 New York -p • x*, 84 Business Park Drive,#109 Armonk,NY 10504 h, (877)230-1031 Phone (888)310-1868 Fax lnvestment Property madbel.lembert@ipx1031.com Exchange Services,Inc: www.ipxlo3l.com WIRING INSTRUCTIONS May 22,2019 To: Patricia C.Moore, Esq. Escrow#: Email: pcmoore@mooreattys.commargaret@mooreattys.com Qualified Intermediary: Investment Property Exchange Services,Inc.,a California corporation Exchange No. EX-12-23367-ML Exchanger: MDH, LLC Investment Property Exchange Services, Inc. is acting as the Qualified Intermediary for the above-referenced Exchanger. Please wire transfer only (do not deposit a check into this account; we do not accept ACH credits)the net proceeds of sale(i.e.Exchange Funds)to: NOTE: These Wiring Instructions will NOT change. Account Name: Investment Property Exchange Services, Inc. Account Address: 4210 Riverwalk Pkwy, Suite 200, Riverside, CA 92505 Account No.: 7026695630 OB!Reference: fbo EX-12-23367-ML, MDH, LLC Bank Name: Fifth Third Bank Bank Address: 38 Fountain Square, Cincinnati, OH 45263 ABA No.: 042000314 Do not use this account number for any other transaction without authorization from the undersigned. Please reference the Exchanger's last name and exchange number to insure proper credit. If you have any questions,please call us. Sincerely, Investment Property Exchange Services,Inc.,a California corporation,as Qualified Intermediary under Exchange No.EX-12-23367-ML Madbel Lembert Assistant Vice President,Exchange Coordinator 1 Wiring Instructions to Q!Fifth Third 8.2095©Investment Property Exchange Services,Inc.,2015-All Rights Reserved N BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.Box 674 Rockville Centre,New York 11571-0674 (631)421-2344 FAX(631)424-9246 E-Mail:elinor@brunswickappraisl.com Sanford S.Brunswick Armand Brunswick,MAI Elinor Brunswick,MAI 1881-1960 State Certified General Appraisers March 14, 2013 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Divello Property Tax Map #1000-120-3-2 1000-120-3-11.8 INVOICE# 1000-25 Real Estate Appraisals: 1 1000-120-3-2 $1,250 2) 1000-120-3-11.8 $1.250 Total Amount Due $2,500 MOVE 00 Thank you MAR 15 2013 DEPT.OF LAND PRESERVAT ON TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAX - 03/26/2013 CHECK 117026 FUND & ACCOUNT ` P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25301 1000-25 DIVELLO APPRAISAL 1,250.00' H3 .8660.2.500.200 25301 1000-25 DIVELLO APPRAISAL—SND AV 1, TOTAL 2,500.00 25 FOL ,t ty •i`"'. y m ,'„,dda�':*ay ;�`an..• + 4",�'�: c^. ri ^�v'8 'R.s'.D. 1r n a ,& � ssPl, �Wualp� "`\'ylnm;•-,I-� <�` ',•*,,u�uuP�" tuy .� .. y,�.,s`� ",�°.�T;�"eQey' ,kt „"cu''ey .' tS'�ap" ,�s�y."�'" �m• eew.'cg �os. �\,A.. t'�a`�awbwxs - ARe.uaA° µ�." Mym'Q �@.�' `"�' '„�edh^ ,'Y li Y 57y'�y'i•Y.L ' •'�•� ,0'� . 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"� '"-'r�s::'Y'•-. �"'' wry 4*� "'°a �'g�+'�>'��,e.`:^a,. ti.S�' �Sa��`-> '•� 'w.• t. '��",' Ate" f$.d�'.' •��q,.x��, �`"a""�,r `�' � '��""' s 'v ,"�.,'" nv'„ \'go �Y�`�1•+.�kxvY.n' \u,"s't"'a'{�Ci 'r"•' �a '" �", .� ."y�-"tS�`>„�~'�gG�C','°; `r`�•w�". i,,:�.a`"'„'�..`g^w.'�i" '.��" ,Q�`�,`��',�',�' . ¢cTri k:� a�Ctl'CJ�"4 Ilii■ Aa., BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.BOX 674 ROCKVILLE CENTRE,NEW YORK 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 e-mail: elinor@brunswickappraisal.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 October 1, 2018 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A.Spiro, Land Preservation Coordinator RE 260 Sound Avenue, Mattituck "West Property' 0-120-3-2 And 410 Sound Avenue, Mattituck"East Property" 1000-120-3-11.8 INVOICE-1000-36 Appraisal Report $2,500 Thank You RLI "VAIM"PE Db OCT _ 32018 DEPT.QF LAND L-7- RESERVA110r • ! r- �ji�:Y�x•1a �''1 � - '�� i:-:s5�•�� . , 'L3`t,��•• � .{ . TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 10/09/2018 CHECK 13,7-184 t' A !'1 1 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I I � 1 CM .8660.2.500.200 31891 1000-36 •APPRAISALS'-P.DIVELLO 2,500.00 I t# TOTAL 2,500.00 i \ i..�'L,� ,� 1 t5 p�'i�•n .�.�-JIB ,—_ i' .. I43, t,''lr�' �•'uV " 1 1 I �' .RftIT rt y+) �S, *£•'G!g.��'-{i •'�- + rel ' I ,I ,,,,� v,�a �..:7,�'��T1` y� �r�'�IY.,F�i4.1�-tl��µ�''�` 1 • ' •'\ I 1 1 �t� P.4i! L'-,�,}i'i 1. 1^l�r,- u �, '�••i ''-1`}['^O } 41 `�!2 y1Es� : •v. 1 I ' +- ,1'�� }��y-T` .�11i•}ter.(lY vy"-T ;,� i \ i 1 i J '1 V. —�-i •�1 —ca N ''r# I ..v �-� 0 O C' .f 0 9 �0 0 0 D - .:-.�y"u.• y r ` i ' TOWN OF SOUTHOLD ' I - '53095-MAIN ROAD:PO BOX 1 179 T AUDIT :10/0 9'/18• ' ' I sOUTF{OLD,•NY'11971-0959CHECK NG,, -1:37,184 THE SUFFOLK CO,NATIONAL BANK' CUTCHOGUE;NY 11935 'DATE AMOUNT 60-54/214 - - .10/Q'�/'2018 1$2:1, � 0'0 TWO"'THOUSAN15"FIVE HUNDRED-.AND 00/100`-TOLVA'RS'' COGy` :i PRY, ELINOR BRUNSWICK, MAI a � :•� TO THE _ 13RONSWI,CK APPRAISAL' CORP i ORDER' PO 'BOX,'=`674 i ROCKVILLE' CENTRE NY 11571 ii' � 37 �84Ill 1:02LLO54641: 63 000004 Oil- PECONIC SURVEYORS, P.C. Invoice SOUTHOLD,NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET silsi2o19 3962 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT. 54375 RT 25 PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 19-019 Net 30 / / Quantity Description Rate N6 ' l L�ALmJount 1 SURVEY FOR DEVELOPMENT RIGHTS EASEMENT,MDH LLC,SOUND 2,950.00 2,950.00 AVENUE MATTITUCK,SCTM#1000-120-03-02 REMOVED M AY 2 8 2019 LAND PRESERVATION DEPT Town of Southold We appreciate your prompt payment. Total $2,950.00 Phone# 631-765-5020 r� EEO EJ�3 TOWN OF SOUTHOLD '+ VENDOR 016144 PECONIC SURVEYORS, P.C. 06/04/2019 CHECK 139551 I A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT i I CM .8660.2.600.100 33210 3962URVEY-MDH, LLC-8•.0 ACRE 2 950 00 ;{ CM .8660.2.600.100 33211 3963 SURVEY-410 SOUND AVE 2,950.00 tj t! TOTAL 5,900.00 — ' I V H '• "� .�. �_x guy . � •y. � I 1 + .f ;�,^_,;.'� •'^r{tlk��t,.7{'cu:.—Y''. T�1.:�1r, r + •# I , t"' •IF i IV+.,+I�"t{�J W'�k=r -ti 'l+"~' L - .Z cc �_ ` I�' t'•�y, ° ;jlf�7 jfr-c +`• ,y;;�cz —`6,�-0 _ r,_.r„�1-. - - - - - --ems.• Ah- I "' :.:�•;c�-_.-=-�' tE;�1 x;.1:3 :_+a,;t=r? .. ' i'I'• •l +• / t .. ::i I i_ '�'i{',nkl �y.f�Rr�ti�2,' 'te'i{�1a�''�''`+'�•'''i;i�-sfi i•`i ,.Ll•---Ir-' - 1 .i i 'f� L�_-(.1,_r fin.a •'�1'',�r-'4 h- r.�Ij- *Fri..,_ i_H1 - , 1 {•�� '.1=Tl,y '>i},��;p�,(•Y+:�-; 1p7,+-r!'i'.x'�'•'�r"�t`•I,�fi' �''=''7 , , +••� I i J"• ''t.r al i�`h.i .tM�'�i�rt��t rt,�'JN+ T•�•L ,'t x• ol 1 - _ I ;1 l I � I I I I I 'efo (o;ao j �._• D, y TOW_N'OFSOUTHOLD AUDIT 06/04/1'9 - ',53099 MAIN ROAD,PO BOX 1179 - SOUTHOLD,NY:11971-0959 CHECK NO.('139551; THE SUFFOLK CO:'NATIONAL BANK: DATE AMOUNT I I CUTCHOGUE,NY,11935 06/04/2019; $5';90-0.00; _` I ^FIVE-,TH16bSAND NINE HUNDRED 'AND 00/100",DOI;P1 -: f •i PAY,, PECONIC SURVEYORS, P.C. TO TFfE. 12 3 6 TRA VELiER STREET- I OF'ER PO%BOX,`909 SOUTHOLD NY 11971 ;'1y ', ii' 13955 In, 1:0 2 IL,D 5464i: 63 000004 Oii' It7VO1C@ Nelson Pope&Voorhis,,LLC 572 Wait Whitman Road,. ' Melville, NY' 11747 ' X631)427-5665. :, , May 9,'2019 ; Melanie Doroski Project'No.:` V19XO78 001.000- _ Town of Southold Dept of Land Preserv' Invoice.No., 18957 ' 'Town Hall Project.Manager ; Steven McGinn 53095 State Rt 25,' PO Box 1179 - Southold, NY 11,971 Project. - V19X078.001.000,- 'MDH, LLC Property, Laurel Professional Services - Phase SA :, 3%08/19 PO.`Phase I ESA - ------ -- ------------------------------------ - - --------- ' Task' ;"_ " - 1300 � ',- • 'Phase I ESA -------.---.-----------------------, Phase I ESA ; Fee1,050.00 _ - Total this Task $1,050.00' Total this Phase+ $1,050.00 Total this Invoice $1-1050.00- M AY 1;050.00-MAY 1 5 2019 LAND PRESERVATION DEFT Town of Southold All invoices are due net 30 days A late charge of 1%per month will be added to any unpaid balance after 30 days. TOWN OF SOUTHOLD VENDOR 014161 NELSON POPE & VOORHIS, LLC 05/21/2019 CHECK 139413 i • I ,• q � 1 FUND & ACCOUNT ` P.O.# INVOICE DESCRIPTION OI T CM .8660.2.600.100 33214 18957 PHASE 1 ESA-260 SOUND AV 1,050.00 CM .8660.2.600.100 33213 18958 PHASE 1 ESA-410 SOUND 1,050.00 i TOTAL 2,100.00 ��— :�' h I�' i in 0. ' `•-,.1. I ' to i` "drl' .rT'+,•p-31i?tc,'3 x-•o-f}' _r 2- 1`i rl t t_c _;�- I � I '{' ��'m.- _',:z:yjt�'t't�y,y•. F•.�, -t r_ t,El��c� .. - . t _xs� wk .. r j ',• i ti ;� ,`�4h� f.li.c t'. a�.' -s� {y `r I >-.. nr,'$yl�'�i,1� -In .--7.�•-c-•ric�•�.�',i,si; �_r;c ' . T. .. I '1�.sm -*y,'+`"r•'r1F•I:'!'t ti:�c-�,-,;i� '�,¢,�} - "'At.it. ,. ' , tri�.T.�'.i._iT'' t. i-7�,rti•yr,•. ,�-d,� h 1••'1 I .J`, .ltF�'t ,7.p�' � i-•dy, :+,� f:�i�kf �',._:rr, , I ' '1`1• `Iv.+' .1 .'�•�G.t,'..� F=y,,,1,4„Jin'_•t,,i `�' ''•.` ' I ♦�j .• j 1 t I I - cJ � ac�1' oroftGBl9o�' - TOWN OI'SOU-MOLD `AUDIT 05/21/2019' - 53095 MAIN ROAD,PO BOX 1179 I SOUTHOLD,NY 11971-0959THE SUFFOLK 'CHECK -NO.. 13 9413 I CUTCHOGUE,'N11935 NATIONAL' Y DATE AMOUNT 150.5481214 '05/21/2019' $2, 100 .00 ,TWO THOUSAND:ONE;HUNDRED'AND 0O/f00 DOLLARS”•,'PAY NELSON POPE & VOORHIS, LLC o TO 7}[E ' '572 WALT WHITMAN ROAD � RDCR MELVILLE NXf V 1394 1311' 1:0 2 16 st.Glo: 63 000004 Olin I _ ste 11Lei w titio Title No., 7144173 ReelpBPtnem Real possfbiiltlesn' Invoice No. 714417301 Invoice Date 07/09/2019 09:34'AM CLOSING1 ' 1 ' • ' 0*11 Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Date/Time 7/25/2019 2:30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation ` Southold Town-Dept.of Land Seller Attorney Patricia C Moore,Esq Preservation -54395 Route 25, Southold,NY 11971 Transaction Type Easement with Insurance Sale Amount $510,239.07 Loan Amount $0.00 REFERENCE INFORMATION Property Address 260 Sound Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 120.00, Block 03.00,Lot part of 002 000 Property Type Commercial,Vacant County Suffolk Seller MDH,LLC Buyer/Borrower Town of Southold SERVICES / 1 1 PREMIUM: Fee Insurance(Liability Amount:$510,239.07) $2,06800 $2;068 00 ENDORSEMENTS: SEARCH FEES: State-Certificate of Good Standing $300.00 $30000 2 RECORDING FEES:*** Recording Fees $965.00 $96500 Easement Agreement N,,,/TP-584(23 pgs)$420 00 Certified copy of Easement$150.00 C&R w/TP-584(7 pgs)$325 00 Certified co v of C&R$70 00 TAXES:(TRANSFER/AIANSION/MORTGAGE) Peconic Bay Regional Town Transfer Tax($8.704.78) EXEMPT See Exemption claimed on transfer form) NYS Transfer Tax(usually pard by seller)($2;042 00) EXEMPT See Exemption claimed on transfer form ADDITIONAL: Additional Fee($200 00) Title Closer Services NOTE Please pay directly to closer Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3 White Plains,New York 10604,Attn Accounting stewarttl7tJO Invoice No.714417301 RealWnem Ree1possib111f1es7m SUBTOTAL: $3,333.00 $3,033.00 $300.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $3,333.00 $3,033.00 $300.00 $0.00 Taxable at 8.625%. **Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT DISCLAIMER PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached`'Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance 2. Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing.Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time 3. Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at time of closing If closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G)"The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessaiy or travel arrangements and distance warrant" 5 Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing An adjournment The of$200 00 will be invoiced when the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our website:www stewai t cool/nvmetrro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains,New York 10604,Attn Accounting TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 07/16/2019 CHECK 139905 A ' '1 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT > I CM .8660.2 .600.100 7144173 MDH, LLC-TITLE INS. PLOY 2, 068.00 CM .8660.2.60,0.100 7144173 MDH, LLC-REC. EASEMENT 420.00 CM .8660.2.600.100 7144173 MDH, LLC-CERTIFIED COPY 150.00 CM .8660.2 .600.100 7144173 MDH, LLC-RECORDING C&R'S 325.00 ,± CM .8660.2 .600.100 7144173 MDH, LLC-CERTIFIED C&R'S 70 .00 -- + TOTAL 3, 033.00 10 c+ -sAr:�',E-. �'z _:.•; filar: `t�;h,l�, `�� ;�` ` I '•'x _ark `'." :,,�'�'X -- ,','3,-,•%xd;;',t, tt=',�, ; !, _ yfy .• _ v`}a�; w''r`�--'�,,<'i��k,,1.,.N..= .-14 ;�+fig.;}.K,'� •`�'. I .P • .� t5'�. - ,.1NF,. '�.t�._i2 Pia`^,I'��t�v wl yV.p+„fix }•ib„�*'r?.�„"�-S•`.:.^s,�.i�, i. � I y M1' I . I TO•WNOFSOUYTIOLD MPH, LLC CLOSING'-7/&25 , 53095 MAIN ROAD;PO BOX 7119 SOUTHOLD,NY,'11971-09691 " 'CHEdk,-NO. A3'99'65 '` THE SUFFOLK CO.NATIONAL BANK- i CUTCHOGUE,,NY 11935•`. DATE AMOUNT' _/16"/2,013 " $3 '03 3 0'0, } 'o'97i, t ;THREE ,`THOUSAND 'TH'I12TY ,TFiRE ='AND AY, STEWART TITLE,,._INSURANCE CO. . TO THE _ ,11_-�`WESTCHE`STER<;AVE`:` Si7ZTE =302 ORDER' WHITE''EI�AINSsNY 106{04' ��' i =u ' lie 31399Qslim 0:021405L, 6ti: 63 000004 OII' t' TOWN OF SOUTHOLD VENDOR 011451 MARY KOLAKOWSKI 07/16/2019 CHECK 139904 I , , " FJJND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM :8660.2.600.100 7144173 TITLE CLOSER FEE—MDH,LLC 150.00 TOTAL 150.00 i 1!5'x, 'A -. - �, a, ..�? ,( �tk•r"rte mrhi .. \ `i •>z=: 'S:"`s;'" pis,.—. }.,..!,_ ."._ ., >. .,91 f a, ''lta.�i�4:ati:i�-.�;i J,<.:t`�';'hi;F'ii"�^„"C�` �•?• .. 1 •. ,�;•`- - - �i,>•.�-„ sem.,. >-;fi„` - i�$.•m =it'�a�' .r'r�.r_ �„St}�-•'it:.t,,.,:.••r�rrjp i •.a .i+ `'s,. �.N�#;,; ,'} i _r -c?:d;.r1.``1ti,= i ��.i•^�^ •. Y 13._y..E:s, {`sv`,v'G""i"•y r„g.: .- _,i I f wf' , x',; e� `��"�„v.,:t'•s+'"t—",F: `TYs-.}if°"' ".{:.J"+' F'S, � � I , i5*4Y {;=yerN",�i -_t~. sv.. ,•i'� .. ,§ I . \ I 1 , • -® �� t o O { DX' © 0-'�•�s0 © 9 ®' i Car' •• = 7OWN.OF.SOUTIQI,D4Ninth, ,LI;C�CLOSING0=7/25 63085 MAtN ROAp,f O BOX'1479 - - - ' - - SouTHal,a,Nv,a1s71-o95s CHECKNO. 139904 -- ” THE SUFFOCK'CO.'NATIONAL_BANKQU�i'P` . „ , CU7.CHOGUE; NY,11935 DATE,'-, ' _ Sn•54'6l2ta 07'/16/20'19 ONE` HUNB £DrFI'FTX ANDa-00/1`00 `DOLLARS AY , MARY KOLAKOWSKI TQ THE-, 625MA ` KRAT00KA LANE ti `H^ ER Qx , . MATT I TI7C'K NY ur 13990LoV 1:0 2 140 5461,0: 63 '00000L, 0o' I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 09/11/2019 Number of Pages: 25 At: 02 : 06: 08 PM Receipt Number : 19-0171064 TRANSFER TAX NUMBER: 19-04698 LIBER: D00013028 PAGE : 130 District: Section: Block: Lot: 1000 120 . 00 03 .00 011 . 008 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $482 ,541 .22 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 .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 $16.25 NO RPT $200 . 00 NO Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO Fees Paid $386 .25 TRANSFER TAX NUMBER: 19-04698 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk ,County OL2 - Number of pages Q�S RECORDED 2019 Sep 11 02:06:08 PH .JUDITH R. PA=CALE This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY 01t 1S Social Security Numbers P 1 L D00013 prior to recording. DT# 19-04691 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp - Recording/Filing Stamps FEES Page/Filing Fee I Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX ` R.P.T.S.A. Dual Town Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + Mansion Tax ertified Co CQ o� `g7 The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total �o• 01-"S Other YES or NO � Grand Total ® If NO, see appropriate tax clause on page# of this instrument. S- 4 Disto'I 3950292 1000 Real Propert 1200 0300 0 0©ooa QOs 5 Community Preservation Fund T y Tax Service) �A Consideration Amount $ S��•o II�I�II��I� 11 -19 Agency CPF Tax Due $ Verification'�, —� Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land dna - d - 17 x ) ) -79 TD o J 4-), TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Comp ny Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name S i w c- --' Title# 8 Suffolk County Recording & indorsement P� e This page forms part of the attached -IL A /-s �S �� r, ; made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in L= L. C. SUFFOLK COUNTY,NEW YORK. _ TO In the TOWN of +4�o oU1 In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OIZ PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..10/08kk (over) 1 1 _ 1 l ✓ 1 1 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 251h day of July, 2019 at Southold, New York. The parties are 410 SOUND AVENUE, LLC, c/o Patricia DiVello, 220 Blossom Bend, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). 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 #1000-120-3-11.8, 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 Peconic Surveyors, P.C., dated May 1, 2019 (a reduced copy of which is attached 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 party 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 actively farmed; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and 1 1 1 WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of FOUR HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED FORTY-ONE DOLLARS AND 22/100 ($482,541.22) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 10.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as set forth in Stewart Title Insurance Company Title Report #7144175, and possesses the right to grant this easement. 2 1 1 1 1 1 . 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the • New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural, and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in .a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but is not limited to a survey prepared by Peconic Surveyors, P.C. , dated May 1, 3 J 1 1 2019, and a Phase 1 Environmental Site Assessment dated April 10, 2019 by Nelson Pope & Voorhis LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in 4 i , the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. 5 1 1 1 1 ! ARTICLE TWO SALE GRANTOR, for of FOUR HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED FORTY-ONE DOLLARS AND 22/100 ($482,541.22) 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 normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 3.03 Subdivision 6 Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided-that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 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 or on adjoining properties 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 and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a 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 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS`'). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor.shall continue to have the right to exclusive possession of the Property. 9 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 Iands protected by a development rights easement or other instrument, including, but_ not limited.to farmstands and for educational or training programs related to agricultural, production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds, maintenance on the Property_ as evidenced by the documentation set forth i Section 0.05. Grantor shall have the right to remove or restore trees, slhrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock prod uI cts included as of the date of this Easement. 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. i 10 Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ li erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any 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. 12 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor and 'in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be reasonably necessary to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any such easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 17 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict ,construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to affect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant; to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 18 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: 410 SOUND AVENUE, LLC, Grantor By: Patricia Di Ilo, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: 4 Scott A. Russell, Supervisor 19 STA TE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the 2 ' day of 1 in the year 2019 before me, the undersigned, personally appeared Patricia Di el% 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 instrumen Signatur%fce of individ l taking acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK STA TE OF NEW YORK ) No 01K04870006 COUNTYOFSUFFOLK ) SS.• Qualified in Suffolk County My Commission Expires 09-02-2022 On this 2:5�day of 1 in the year 2019 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instru ent. Signatur%lfice of indivi 4 7ne Fu enORK No.ualif' dty MY fissi -2022 MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No 01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 20 swam thio Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A—DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck; Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degree's 31 minutes 30 seconds West 297.66-feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. - Schedule A Description(Page 1 of 3) - st � r � titio Policy Number: 0-8911-000864677 �fi� Date of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA(NOT TO BE IN ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 'seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. } - Schedule A Description(Page 2 of 3),- r stewart titin Policy Number: 0-8911-000864677 1 Date of Policy: July 25, 2019 File Number: 7144175 r DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North,75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; L, THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet,to the point or place of BEGINNING. r -Schedule A Description(Page 3 of 3) - SURVEY OF PROPERTY AT LAUREL + TOWN OF SOUTHOLD SOUND AVE SUFFOLK COUNTY, N.Y 19056 1000-120-03-118 N6163]0"E 11390 NB536 x0"E Y SCALP F-50 _ �O 92530 p r mrn yn, � 1 S 'bL 85 CULTIVATED -E— OCCLUDED MFA-x 5633,1LRE5 / 196J\ ST512�/ / \100 E OMWPNENT RIG—EMENEM MFA•16699—ES L 1'A 7 O G 'A O a O TONN OFOs/OUMOfD 2 O O � n O F O N/0/f NDH UNITED UPBRIi')CD Li TORN U 90UMOID xsiEwD wiNmi VDMixsuRM�cE muPww Q TOMOF SOUTHOW DEVELOPMENT RIGHTS y8T 6fi TOL\LIOT�RFA•1n35>ZNCRFs �'' DEVEIOvmENTa10x16F EmEMMEA•)68WdtE9 � '�+A IXCW➢FD1.aFA•1661]ACREs 51333'�� KEY O- ® -S6u'E / N/O/F _ /�� rOwN ac sourNolD -✓wuuMr 1 - w-uruTYPaEc NYS UG N0.19618 PEC0.YtC SUBPC H'Y u.mmaw m NxrmN t0 Ms aa1EY a w✓a9rmx a SEcnw Aa9o*M`NEr rorr miE mvu rw:uR AFF.A-tI=AOFF9 (6J1)MS-5020=fAY(BJI)165-119) 11 cw6 imM� PQ BON 909 ilm✓v re cov_v a.w oe✓w2>sn>fu m[9ix�Elm nmm'aam>we'u>f,Rs✓uTIX t2b FElER S�REEE SWMC(D Y >I I9—O2O L�I' I II(IIII I I I I VIII(IIII VIII VIII VIII VIII VII I IIII III I 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 09/11/2019 Number of Pages : 6 At: 02 : 06:08 PM Receipt Number : 19-0171064 LIBER: D00013028 PAGE : 131 District: Section: Block: Lot: 1000 120 .00 03 . 00 011 .008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15. 00 NO Affidavit $0 .00 NO TP-584 . $0 . 00 NO Notation $1 . 00 NO Cert.Copies $5.20 NO RPT $200 . 00 NO Fees Paid $276.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • " I]F21 s , , `+ Number of pages RECORDED 2019 ep 11 02:06:08 Ph1 JUDITH A. PASCALE This document will be public CLERK ��F record. Please remove all SUFFOLK COUNTY Social Security Numbers L D00013028 prior to recording. P 1711 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp - Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation W Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX �CCls��y R.P.T.S.A. aDual Town Dual County — Held �`� � �, Held for Appointment Comm. of Ed. 5. 00 Transfer Tax p, � p o ` Mansion Tax D The property covered by this mortgage is / Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other y Grand Total 1 spa If NO, see appropriate tax clause on page# of this instrument. 4Dist. 3950289 i000 i2000 0300 oiiooe 5 Community Preservation Fund Real Property PTS I�OI�IIII��II�I��II�I' Consideration Amount $ Tax Service R LPA A Agency 11 -19 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land ca r,.1 TD i -7 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name S E w www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Recording & Endorsement Pau This page forms part of the attached r �p„ i�g.•,�� made by: �-- (SPECIFY TYPE OF INSTRUMEN Cl/-F- j The premises herein is situated in 5—� /� C SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �� 1 �} ® L-t� W 1`3 In the VILLAGE or HAMLET of 1 BOXES 6 THRU 8 MUST BE TYPED 0Y2 PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104.10/08kk - (over) IMPORTANT NOTICE t „" r If the document you've just recorded is,your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 101 and on or before May 31st Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, Judith A. Pascale Suffolk County Clerk 12-0104..06/06kd 1 r l =� SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS,that Farm Credit East ACA, 1281 Route 58, Riverhead,New York 11901 (the "SUBORDINATOR"), hereby SUBORDINATES the following described Mortgage,which the SUBORDINATOR holds in the original amount of r1- e $550,000.00 dated February 26, 2013, recorded March 28, 2013 at Liber 22320, page 77 , u— property of Patricia Divello and 410 Sound Avenue LLC, (collectively the "GRANTOR"), 220 Blosson Bend, Mattituck,New York 11952, located at 410 Sound Avenue, Mattituck,New York, and designated as SCTM#1000-120-3-11.8, described on Schedule"A" attached hereto and made a part hereof(the "Property"), to the following described GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Property of GRANTOR consists of 7.6899 acres, and the GRANT OF DEVELOPMENT RIGHTS EASEMENT is to restrict the use upon said Property of GRANTOR and said GRANT OF DEVELOPMENT RIGHTS EASEMENT is to be conveyed to the TOWN OF SOUTHOLD, a New York municipal corporation,having its principal office at 53095 Route 25, P.O. Box 1179, Southold,New York 11971 ("GRANTEE"). The GRANT OF DEVELOPMENT RIGHTS EASEMENT is defined in Article 49, Title 3 of the Environmental Conservation Law and is further described in the Grant of Development Rights Easement dated 'r1 z S) 4, 2019, from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this GRANT OF DEVELOPMENT RIGHTS EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural viability and productive capacity. To accomplish this purpose, according to the GRANT OF DEVELOPMENT RIGHTS EASEMENT, all non-agricultural development rights appurtenant to the Property subject to the GRANT OF DEVELOPMENT RIGHTS EASEMENT shall be released, terminated and extinguished. The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above-described GRANT OF DEVELOPMENT RIGHTS EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to the purchase of the GRANT OF DEVELOPMENT RIGHTS EASEMENT from Grantor. SUBORDINATOR represents and warrants that is has not assigned the above-described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its successors and t , assigns and shall inure to the benefit of the TOWN OF SOUTHOLD and its successors and assigns. Dated: July 23, , 2019 Fr it Eas A Dist. 1000 By: y Sec. 120 PATRICK Z. WILES, Vice-President Block 3 Lots 11.8 STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the 2 3 rdday of July, in the year 2019 before me,the undersigned,personally appeared PATRICK K. , Vft lly known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/ab=xecuted the same in his/bur capacity, and that by hisAmsignature on the instrument,the individual,or the person upon behalf of which the individual acted, executed the instrument. CYNTHIA GANNON NOTARY PUBLIC,STATE OF NEW YORK NO.01GA4508729 $ QUALIFIED IN SUFFOLK COUN .� n70w!;SSION EXPIRES,MARCH,30 Notary Public STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the day of in the year 2019 before me,the undersigned,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public i , art � Policy Number: 0-8911-000864677 steDate of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A—DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or _. formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. -Schedule A Description(Page 1 of 3) - � �„� � [( Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA(NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place'of BEGINNING. -Schedule A Description(Page 2 of 3) - stewart ` itio Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3)- SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 09/11/2019 Number of Pages : 6 At: 02 : 06: 08 PM Receipt Number : 19-0171064 LIBER: D00013028 PAGE : 132 District: Section: Block: Lot: 1000 120 . 00 03 . 00 011 . 008 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $20 .00 NO COE $5.00 NO NYS SRCHG $15 .00 NO Affidavit $0 .00 NO TP-584 $01. 00 NO Notation $1 .00 NO Cert.Copies $5 .20 NO RPT $200 . 00 NO Fees Paid $276.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County \\ f 1 Ndinber of pages RECORDED 2Q 19 Sep 11 02-06:08 Pr-1 JUDITH A. PASCALE This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY Social Security (Numbers L D00013028 prior to recording. F 1.12 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp - RedoFding/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notatiorpo Spec./Assit. 5 / EA-52 17 (County) Sub Total I or Spec./Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. `a€� �� Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 b p Transfer Tax Affidavit Mansion Tax�.N, •� =Certified a� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total -1 as-,f ao family dwelling only. Other YES or NO Grand Total-J-7 6 , a® If NO,see appropriate tax clause on page# of this instrument. 4 Dist. I 3950290 1000 12000 0300 011008 1 5 Community Preservation Fund Real Property p T S Consideration Amount $ Tax Service R LPA A Agency 11SEP49 Verification j CPF Tax Due $ Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved 6 RECORD &RETURN TO: Vacant Land f TD -79 TD a J 4-3, o o �� 7 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Companj Information 310 Center Drive, Riverhead, IVY 11501 www.suffolkcountyny.gov/clerk Co.Name S w Title# g Suffolk CountyRec®rdln & Endorsement Pa ge This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMEN C-1 '� ' S The premises herein is situated in S—% C e:n SUFFOLK COUNTY,NEW YORK. TO In the TOWN of SIL-LN In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..10108kk (over) _ O p t SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS, that Farm Credit East ACA, 1281 Route 58, Riverhead,New York 11901 (the"SUBORDINATOR"), hereby SUBORDINATES the following described Mortgage, which the SUBORDINATOR holds in the original amount of $400,000.00 dated 6, 2016, recorded May 17, 2016 at Liber 22703, page 313 upon &AQ. property of Patricia Divello and 410 Sound Avenue LLC, (collectively the "GRANTOR"), 220 V"iyjo.00 Blosson Bend, Mattituck,New York 11952, located at 410 Sound Avenue, Mattituck,New York, and designated as SCTM#1000-120-3-1'1.8, described on Schedule "A" attached hereto and made a part hereof(the"Property"),to the following described GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Property of GRANTOR consists of 7.6899 acres, and said GRANT OF DEVELOPMENT RIGHTS EASEMENT is to restrict the use upon the Property of GRANTOR and the GRANT OF DEVELOPMENT RIGHTS EASEMENT is to be conveyed to the TOWN OF SOU THOLD, a New York municipal corporation, having its principal office at 53095 Route 25, P.O. Box 1179, Southold,New York 11971 ("GRANTEE"). The GRANT OF DEVELOPMENT RIGHTS EASEMENT is defined in Article 49, Title 3 of the Environmental Conservation Law and is further described in the Grant of Development Rights Easement dated —7 z S 9, 2019, from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this GRANT OF DEVELOPMENT RIGHTS EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural viability and productive capacity. To accomplish this purpose, according to the GRANT OF DEVELOPMENT RIGHTS EASEMENT, all non-agricultural development rights appurtenant to the Property subject to the GRANT OF DEVELOPMENT RIGHTS EASEMENT shall be released, terminated and extinguished. The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above-described GRANT OF DEVELOPMENT RIGHTS EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to the purchase of the GRANT OF DEVELOPMENT RIGHTS EASEMENT from GRANTOR. SUBORDINATOR represents and warrants that is has not assigned the above-described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its successors and assigns and shall inure to the benefit of the TOWN OF SOUTHOLD and its successors and assigns. Dated: July 23 , , 2019 F re t East C , Dist. 1000 By: a Sec. 120 PATRICK k. WILE Vice-President Block 3 Lots 11.8 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 23rcliay of July, in the year 2019 before me,the undersigned,personally appeared PATRICK K. WILE§personally known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that heis executed the same in hiscapacity, and that by his/hat signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. CYNTI11A GANNON NOTARY PUBLIC,STATE OF NEWYORK NO 01GA4508729 QUALIFIED 1N SUFFOLK COU COMMISSION EXFIRES,MARCH,30 Notary Public On the day of in the year 2019 before me,the undersigned,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public f � Stewart ttlo Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A-DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet;thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. -Schedule A Description(Page 1 of 3) - v v Policy Number: 0-8911-000864677 stewart iti Date of Policy:July 25, 2019 File Number: 7144175 EXCLUDED AREA(NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. -Schedule A Description(Page 2 of 3) - � �� Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3)- ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY stewart title Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,STEWART TITLE INSURANCE COMPANY, a New York corporation,(the"Company")insures, as of Date of Policy and,to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. 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 budding and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land, (c) the subdivision of land;or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: �usuRq John Prates 4' 1987 President and General Counsel i�l yam, of Craig Gol en erg `►.��,, Division Pboent Denise arraux Secretary If you want information about coverage or need assistance to resolve complaints,please call our toll free number. 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions Visit our Word-Wide Web site at htto•//www StewartNewYork com Serial No.: 0-8911-000864677 File No.:7144175 COVERED RISKS(Continued) 9 Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring pnor to the transaction 10 Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors'rights laws,or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees, and expenses incurred in insolvency,or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed that anse by reason of in writing to the Company by the Insured Claimant prior to the date 1 (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy, those relating to building and zoning)restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant, relating to (d) attaching or created subsequent to Date of Policy(however,this does (i) the occupancy,use,or enjoyment of the Land, not modify or limit the coverage provided under Covered Risk 9 and (ii) the character, dimensions, or location of any improvement 10),or erected on the Land, (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land,or Insured Claimant had paid value for the Title (iv) environmental protection, 4 Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency,-or similar creditors'rights laws,that the transaction vesting the regulations This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is under Covered Risk 5 (a) a fraudulent conveyance or fraudulent transfer,or (b) Any governmental police power This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of or limit the coverage provided under Covered Risk 6 this policy 2 2. Rights of eminent domain This Exclusion does not modify or limit the 5 Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8 governmental authority and created or attaching between Date of Policy and 3 Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed or other instrument of transfer in the Public (a) created,suffered,assumed,or agreed to by the Insured Claimant, Records that vests Title as shown in Schedule A CONDITIONS 1. DEFINITION OF TERMS purposes The following terms when used in this policy mean (ii) With regard to(A), (B), (C),and(D)reserving, however, all (a) "Amount of Insurance' The amount stated in Schedule A,as may rights and defenses as to any successor that the Company be increased or decreased by endorsement to this policy, would have had against any predecessor Insured increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant" An Insured claiming loss or damage these Conditions (f) "Knowledge" or "Known" Actual knowledge, not constructive (b) "Date of Policy" The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason Schedule A of the Public Records or any other records that impart constructive (C) "Entity" A corporation,partnership,trust,limited liability company, notice of matters affecting the Title or other similar legal entity (g) "Land" The land described in Schedule A, and affixed (d) "Insured" The Insured named in Schedule A improvements that by law constitute real property The term (i) The term"Insured"also includes "Land"does not include any property beyond the lines of the area (A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, interest, estate, or law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways, devisees, survivors, personal representatives, or next or waterways, but this does not modify or limit the extent that a of kin, right of access to and from the Land is insured by this policy (B) successors to an Insured by dissolution, merger, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security consolidation,distribution,or reorganization, instrument, including one evidenced by electronic means (C) successors to an Insured by its conversion to another authorized by law kind of Entity, (i) "Public Records" Records established under state statutes at (D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and (1) if the stock,shares, memberships, or other equity without Knowledge With respect to Covered Risk 5(d), "Public interests of the grantee are wholly-owned by the Records'shall also include environmental protection liens filed in named Insured, the records of the clerk of the United States District Court for the (2) if the grantee wholly owns the named Insured, district where the Land is located (3) if the grantee is wholly-owned by an affiliated Entity U) "Title" The estate or interest described in Schedule A of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title" Title affected by an alleged or apparent the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the person or Entity, or Title or lender on the Title to be released from the obligation to (4) if the grantee is a trustee or beneficiary of a trust purchase,lease,or lend if there is a contractual condition requiring created by a written instrument established by the the delivery of marketable title Insured named in Schedule A for estate planning 11 Serial No.: 0-8911-000864677 File No: 7144175 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses, prosecuting or defending the action or proceeding, or in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (n) in any other lawful act that in the or interest in the Land, or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as Insured If the Company as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required or conveyance of the Title This policy shall not continue in force in cooperation,the Company's obligations to the Insured under the favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to in the Land,or(ii)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation, with regard to the given to the Insured matter or matters requiring such cooperation (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a)of these Conditions,(ii)in case Inspection,and copying, at such reasonable times and places as Knowledge shall come to an Insured hereunder of any claim of title or may be designated by the authorized representative of the interest that is adverse to the Title, as insured, and that might cause Company, all records,in whatever medium maintained,including loss or damage for which the Company may be liable by virtue of this books,ledgers,checks,memoranda,correspondence,reports,e- policy,or(iii)if theTitle,as insured,is rejected as Unmarketable Title If mails,disks,tapes, and videos whether bearing a date before or the Company Is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage provide prompt notice, the Company's liability to the Insured Claimant Further, If requested by any authorized representative of the under the policy shall be reduced to the extent of the prejudice Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to 4. PROOF OF LOSS examine,inspect,and copy all of these records in the custody or In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of damage All information designated as confidential by the Insured payment that the Insured Claimant furnish a signed proof of loss The Claimant provided to the Company pursuant to this Section shall proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the damage and shall state,to the extent possible,the basis of calculating claim Failure of the Insured Claimant to submit for examination the amount of the loss or damage under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information 5. DEFENSE AND PROSECUTION OF ACTIONS from third parties as required in this subsection,unless prohibited (a) Upon written request by the Insured, and subject to the options by law or governmental regulation, shall terminate any liability of contained In Section 7 of these Conditions, the Company, at its the Company under this policy as to that claim own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a claim covered by this policy adverse to the Insured This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy The Company shall have following additional options the right to select counsel of its choice(subject to the right of the (a) To Pay or Tender Payment of the Amount of Insurance To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action It shall not be liable for and togetherwith any costs,attorneys'fees,and expenses incurred by will not pay the fees of any other counsel The Company will not the Insured Claimant that were authorized by the Company up to pay any fees, costs, or expenses incurred by the Insured in the the time of payment or tender of payment and that the Company defense of those causes of action that allege matters not insured is obligated to pay Upon the exercise by the Company of this against by this policy option, all liability and obligations of the Company to the Insured (b) The Company shall have the right, in addition to the options under this policy,other than to make the payment required in this contained in Section 7 of these Conditions, at its own cost, to subsection, shall terminate, including any liability or obligation to institute and prosecute any action or proceeding or to do any other defend,prosecute,or continue any litigation act that in its opinion may be necessary or desirable to establish (b) To Pay or Otherwise Settle With Parties Other Than the Insured the Title,as insured,or to prevent or reduce loss or damage to the or With the Insured Claimant Insured The Company may take any appropriate action under (i) To pay or otherwise settle with other parties for or in the the terms of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against Insured The exercise of these rights shall not be an admission of under this policy In addition, the Company will pay any liability or waiver of any provision of this policy If the Company costs,attorneys'fees,and expenses incurred by the Insured exercises its rights under this subsection,it must do so diligently Claimant that were authorized by the Company up to the (c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay, required or permitted by this policy,the Company may pursue the or litigation to a final determination by a court of competent (n) To pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(i)or(ii),the Company's obligations and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage, right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate, proceeding, including the right to use, at its option, the name of including any liability or obligation to defend, prosecute, or the Insured for this purpose Whenever requested by the continue any litigation Company,the Insured,at the Company's expense, shall give the Serial No.: 0-8911-000864677 File No 7144175 CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY (b) The Company's right of subrogation includes the rights of the This policy is a contract of indemnity against actual monetary loss or Insured to indemnities,guaranties,other policies of insurance,or damage sustained or incurred by the Insured Claimant who has bonds,notwithstanding any terms or conditions contained in those suffered loss or damage by reason of matters insured against by this instruments that address subrogation rights policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance,or (n) the difference between the value of the Title as insured and 14. ARBITRATION the value of the Title subject to the risk insured against by Either the Company or the Insured may demand that the claim or this policy controversy shall be submitted to arbitration pursuant to the Title (b) If the Company pursues its rights under Section 5 of these Insurance Arbitration Rules of the American Land Title Association Conditions and is unsuccessful in establishing the Title, as ("Rules") Except as provided in the Rules,there shall be no joinder or insured, consolidation with claims or controversies of other persons Arbitrable (i) the Amount of Insurance shall be increased by 10%,and matters may include, but are not limited to, any controversy or claim (n) the Insured Claimant shall have the right to have the loss or between the Company and the Insured ansing out of or relating to this damage determined either as of the date the claim was policy, any service in connection with its issuance or the breach of a made by the Insured Claimant or as of the date it is settled policy provision, or to any other controversy or claim arising out of the and paid transaction giving rise to this policy All arbitrable matters when the (c) In addition to the extent of liability under(a)and(b),the Company Amount of Insurance is$2,000,000 or less shall be arbitrated at the will also pay those costs,attorneys'fees,and expenses incurred option of either the Company or the Insured All arbitrable matters when in accordance with Sections 5 and 7 of these Conditions the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration 9. LIMITATION OF LIABILITY pursuant to this policy and under the Rules shall be binding upon the (a) If the Company establishes the Title, or removes the alleged parties Judgment upon the award rendered by the Arbitrator(s)may defect,lien,or encumbrance,or cures the lack of a right of access be entered in any court of competent jurisdiction to or from the Land,or cures the claim of Unmarketable Title,all as insured, in a reasonably diligent manner by any method, 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE including litigation and the completion of any appeals,it shall have CONTRACT fully performed its obligations with respect to that matter and shall (a) This policy together with all endorsements,if any,attached to it by not be liable for any loss or damage caused to the Insured the Company is the entire policy and contract between the Insured (b) In the event of any litigation,including litigation by the Company and the Company In interpreting any provision of this policy,this or with the Company's consent, the Company shall have no policy shall be construed as a whole liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction,and disposition Title or by any action asserting such claim shall be restricted to of all appeals,adverse to the Title,as insured this policy (c) The Company shall not be liable for loss or damage to the Insured (c) Any amendment of or endorsement tothis policy must be in writing for liability voluntarily assumed by the Insured in settling any claim and authenticated by an authorized person, or expressly or suit without the priorwritten consent of the Company incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part 10 REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF of this policy and is subject to all of its terms and LIABILITY provisions Except as the endorsement expressly states,it does All payments under this policy, except payments made for costs, not (i) modify any of the terms and provisions of the policy, (n) attorneys'fees, and expenses, shall reduce the Amount of Insurance modify any prior endorsement, (ni)extend the Date of Policy,or by the amount of the payment (iv)increase the Amount of Insurance 11. LIABILITY NONCUMULATIVE 16. SEVERABILITY TheAmount of Insurance shall be reduced by any amount the Company In the event any provision of this policy,in whole or in part,is held invalid pays under any policy insuring a Mortgage to which exception is taken or unenforceable under applicable law,the policy shall be deemed not in Schedule B or to which the Insured has agreed,assumed,or taken to include that provision or such part held to be invalid, but all other subject, or which is executed by an Insured after Date of Policy and provisions shall remain in full force and effect which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy 17. CHOICE OF LAW,FORUM (a) Choice of Law The Insured acknowledges the Company has 12. PAYMENT OF LOSS underwritten the risks covered by this policy and determined the When liability and the extent of loss or damage have been definitely premium charged therefore in reliance upon the law affecting fixed in accordance with these Conditions,the payment shall be made interests in real property and applicable to the interpretation, within 30 days rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located 13 RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or an arbitrator shall apply the law of the (a) Whenever the Company shall have settled and paid a claim under jurisdiction where the Land is located to determine the validity of this policy, it shall be subrogated and entitled to the rights of the claims against the Title that are adverse to the Insured and to Insured Claimant in the Title and all other rights and remedies in interpret and enforce the terms of this policy In neither case shall respect to the claim that the Insured Claimant has against any the court or arbitrator apply its conflicts of law principles to person or property,to the extent of the amount of any loss,costs, determine the applicable law attorneys'fees,and expenses paid by the Company If requested (c) Choice of Forum Any litigation or other proceeding brought by by the Company, the Insured Claimant shall execute documents the Insured against the Company must be filed only in a state or to evidence the transfer to the Company of these rights and federal court within the United States of America or its territories remedies The Insured Claimant shall permit the Company to sue, having appropriate jurisdiction compromise,or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or 18. NOTICES,WHERE SENT litigation involving these rights and remedies If a payment on Any notice of claim and any other notice or statement in writing required to account of a claim does not fully cover the loss of the Insured be given to the Company under this policy must be given to the Company at Claimant, the Company shall defer the exercise of its right to Claims Department at 60 East 42nd Street,Suite 1260,New York,NY 10165 recover until after the Insured Claimant shall have recovered its loss 11 Serial No.: 0-8911-000864677 File No- 7144175 stewas t }it]d Policy Number: 0-8911-000864677 1 (, 1 Date of Policy: July 25, 2019 File Number: 7144175 Name and Address of Title Insurance Company: Stewart Title Insurance Company 60 East 42nd Street, Suite 1260 New York, NY 10165 SCHEDULE A- CERTIFICATION Amount of Insurance: $482,541.22 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in: Town of Southold by virtue of an Easement Agreement from 410 Sound Avenue LLC, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 120.00 Block: 03.00 Part of Lot: 011.008 - Schedule A Certification (Page 1 of 1) - st {. G ew titlEi Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A—DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. - Schedule A Description (Page 1 of 3) - ewar ' thio Policy Number: 0-8911-000864677 GGL�1I 6l,, �4 �G Date of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. Schedule A Description (Page 2 of 3) - ewart tIfle Policy Number: 0-8911-000864677 (, i Date of Policy: July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; ' THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. Schedule A Description (Page 3 of 3) - stewart `itio Policy Number: 0-8911-000864677 (• Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights of tenants or parties in possession, if any. 2. Policy excepts all water charges from date of the last actual reading of the meter including all charges entered hereafter but which might include usage prior to the date of this policy. 3. Survey exceptions as shown on survey made by Peconic Surveyors, P.C., last dated 5/1/2019 (Job Number 19-020): As to excluded area: a. Subject to rights of others over gravel road crossing northerly part of premises; As to Development Rights Easement Area: b. No encroachments or variations shown on the Development Rights Easement Area. 4. Terms, conditions, restrictions, and other matters set forth in the Easement Agreement made by and between Town of Southold and 410 Sound Avenue LLC, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. 5. CREDIT LINE MORTGAGE made by Patricia Divello and 410 Sound Avenue LLC, as mortgagor(s) to Farm Credit East ACA, as mortgagee, dated 2/26/2013 and recorded 3/28/2013 in Liber 22320 page 777 in the amount of$550,000.00. Mortgage tax paid: $0.00. SUBORDINATION AGREEMENT dated 7/23/2019 made by Farm Credit East ACA to Town of Southold and to be recorded in the Suffolk County Clerk's/Registers Office. 6. CREDIT LINE MORTGAGE made by 410 Sound Avenue LLC, and Patricia DiVello as mortgagor(s) to Farm Credit East ACA, as mortgagee, dated 4/6/2016 and recorded 5/17/2016 in Liber 22703 page 313 in the amount of$400,000.00. Mortgage tax pard: $0.00. SUBORDINATION AGREEMENT dated 7/23/2019 made by Farm Credit East ACA to Town of Southold and to be recorded in the Suffolk County Clerk's/Registers Office. The above mortgages covers premises and more. - Schedule B Part I (Page 1 of 1) - stewart t,}io Policy Number: 0-8911-000864677 ��ii�H/YYC��1I i�L. i.I Date of Policy: July 25, 2019 File Number: 7144175 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: f 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 (1) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: %NSUq John Frates 0�r c� President and General Counsel 1987 ' 0 boor' d Otfic o Agent Denise arraux Secretary Stewart Title Insurance Company 60 East 42nd Street, Suite 1260 New York, New York 10165 STANDARD NEW YORK ENDORSEMENT(7/01/12) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) r stew •Girt ti}io Policy Number: 0-8911-000864677 ` Date of Policy: July 25, 2019 File Number: 7144175 POLICY AUTHENTICATION ENDORSEMENT When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a,provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: John Frates President and General Counsel 1987 1>!or' d 6M o Agent *�t* Denise Q4rraux Secretary Stewart Title Insurance Company 60 East 42nd St., Suite 1260 New York, New York 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) CLOSING STATEMENT 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD part of SCTM #1000-120.-3-11.8 Total Development Rights Easement— 7.6899 acres Total Parcel Acreage— 10.2532 acres Excluded Area — 2.5633 acres Premises: 410 Sound Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 2:30 p.m., Southold Town Hall Annex Purchase Price of $482,541.22 (based upon 7.6899 buildable acres @ $62,750 per buildable acre) disbursed as follows: Payable to 410 Sound Avenue, LLC $ 482,541.22 Wire transfer to IPM 031 New York (7/25/2019) Expenses of Closing: Appraisals Payable to Brunswick Appraisal Corp $ 1,250.00 Check #117026 (3/26/2013) Payable to Brunswick Appraisal Corp $ 1,250.00 Check #137184 (10/9/2018) Survey Payable to Peconic Surveyors, P.C. $ 2,950.00 Check #139551 (6/4/2019) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00 Check #139413 (5/21/2019) Title Report #7144175 Payable to Stewart Title Insurance Company $ 2,938.00 Check #139903 (7116/2019) Title insurance policy $ 1973 Recording easement $ 420 Certified copy of easement $ 150 Recording C&R's $ 325 Certified copy of C&R's $ 70 Title Closer Attendance Fee Payable to Mary Kolakowski $ 150.00 Check #139902 (7/16/2019) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Patricia DiVello Seller John DiVello Seller's-son Patricia C. Moore, Esq. Attorney for Seller Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant Completed Wire Details Page 1 of 4 eppleWhitec� � Completed Wire Details Detail for Confirmation Number 3925023839 Debit Information Template name IPX Wire type- Domestic wire Account Town of Southold Agency&Trust-*0099 Security code ***** Effective date 07/25/2019 Amount $482,541 22 Currency. USD Entered by KH(GHTOWER Entry date/time 07/25/2019 07:07.38 AM(ET) 440 S)Wld ;qV e vom-,`L L LQ-. Transmitted by. RUFUS2016 /— I Transmit date/time 07/25/2019 09 11 AM(ET) Status CONFIRMED Confirmation number 3925023839 Reference number 2019072561 B7GM1 F000333 Recipient Information Bank ID type. ABA _BanklD: 042000314 Bank name FIFTH THIRD BANK Bank address 1: CINCINNATI - Bank address 2 OH Bank address 3 Recipient account 7026695630 Recipient name- INVESTMENT PROPERTY EXCHANGE SERVIC ' Recipient address 1 4210 RIVERWALK PKWY,SUITE 200 Recipient address 2. RIVERSIDE,CA 92505 Recipient address 3 Additional information for recipient OBI REF fbo EX-12-23366-ML,410 SOUND AVE,LLC First Intermediary Information Bank ID type* BanklD Intermediary account Bank name Bank address 1• Bank address 2: Bank address 3 Second Intermediary Information Bank ID type. BanklD Intermediary account https://peoplesunited.ebanking-services.com/Nubi/WireNiews/Wire Transaction Details.... 7/29/2019 To: Page 3 of 4 2019-05-22 13:47:58 EDT IPX1031 -New York From: IPX1031 New York 84 Business Park Drive,#109 P.X Armonk,NY 10504 ti (877)230-1031 Phone ' 4 (888)310-1868 Fax Investment Property, madbel.lembert@ipx1031.com Exchange Services,Inc. www.ipx1031.com WIRING INSTRUCTIONS May 22,2019 To: Patricia C. Moore,Esq. Escrow#: Email: pcmoore@mooreattys.commargaret@mooreattys.com Qualified Intermediary: Investment Property Exchange Services,Inc.,a California corporation Exchange No. EX-12-23366-ML Exchanger: 410 Sound Avenue,LLC Investment Property Exchange Services, Inc. is acting as the Qualified Intermediary for the above-referenced Exchanger. Please wire transfer only(do not deposit a check into this account;we do not accept ACH credits)the net proceeds of sale(i.e.Exchange Funds)to: (VOTE: These Wiring Instructions will NOT change. Account Name: Investment Property Exchange Services, Inc. Account Address: 4210 Riverwalk Pkwy, Suite 200, Riverside, CA 92505 Account No.: 7026695630 DBI Reference: fbo EX-12-23366-ML, 410 Sound Avenue, LLC Bank Name: Fifth Third Bank Bank Address: 38 Fountain Square, Cincinnati,OH 45263 ABA No.: 042000314 Do not use this account number for any other transaction without authorization from the undersigned. Please reference the Exchanger's last name and exchange number to insure proper credit. If you have any questions,please call us. Sincerely, Investment Property Exchange Services,Inc.,a California corporation,as Qualified intermediary under Exchange No.EX-12-23366-ML Maribel Lembert Assistant Vice President,Exchange Coordinator 1 Wiring Instructions to QI Fifth Third 8.2015 0 Investment Property Exchange Services,Inc.,2015—All Rights Reserved stewart v i Title No.1 7144175 Realpar'nem neafp,ossiblI ffes:rm Invoice No. 714417501 Invoice Date 07/10/2019 12:12 PM CLOSING / ' 1 ' • ' Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Date/Time 7/25/2019 2:30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation Southold Town-Dept.of Land Seller Attorney Patricia C.Moore,Esq. Preservation-54395 Route 25, Southold,NY 11971 Transaction Type Easement with Insurance Sale Amount $482,541.22 Loan Amount $0.00 REFERENCE INFORMATION Property Address 410 Sound Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 120.00, Block 03.00,Lot part of 011.008 Property Type Commercial,Vacant County Suffolk Seller 410 Sound Avenue,LLC Buyer/Borrower Town of Southold SERVICES PROVIDED 5 PREMIUM: Fee Insurance(Liability Amount:$482,541.22) $1,973.00 $1,973.00 ENDORSEMENTS: SEARCH FEES: State-Certificate of Good Standing $30000 $30000 2 RECORDING FEES:x*x Recording Fees $62000 $62000 2 Subordination Agreement 3 s SUFFOLK COUNTY-MORTGAGE VERIFICATION FEE- $40000 $400.00 $200 00 p&document Recording Fees $965 00 $965.00 Easement Agreement A,/TP-584(23 pgs)$420 00 Certified copy of Easement$150 00 C&R w/TP-584(7 pgs)$325 00 Certified copy of C&R$70 00 TAXES:(TRANSFER/MANSION/MORTGAGE) Pecodic Bay Regional Town Transfer Tax($8.150 82) EXEMPT(See exemption claimed on transfer form NYS Transfer Tax(usually paid by seller)($1.932 00) EXEMPT(See exemption clanned on transfer form Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3 White Plains,New York 10604,Attn Accounting stewart uti Invoice No.714417501 neatpartnem neatpossibilitles:- ADDITIONAL: Additional Fee($200.00) *� Title Closer Services NOTE:Please pay directly to closer. -SUBTOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 Taxable at 8.625%. **Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached"Consumer Acknowledgment of Title'Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance. 2 Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing.Should there be a'change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time. 3. Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium.-all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at time of closing If closing is 2 hours or less,please strike See TIRSA Rate Manual Section 2(G)."The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant." 5 Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing An adjournment fee of$200.00 will be invoiced Nvhen the title closer has appeared at closing but closing is adjourned. For our,Schedule of Fees please refer to our website:www stewart coni/nymetro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains,New York 10604,Attn Accounting ..... .......... TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 03/26/2013 CHECK 117026 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25301 1000-25 VELLO APPRAISAL 50.00 H3 .8660.2.500.200 25301 1000-25 DIVELLO APPRAISAL—SND AV 1,250.0 TOTAL 2,500.00 Za l., Y IA .Y .tl .Z I �ti I`v 1�t V17:— NIM I , +.� ,•� '�< PSGM��MV .,1�,��•�� .W,h�(�,•,�R.=,>:�'�r'^'i�.d' 'R�, •:6.5��,<\,�4 a-•as'd.'k'rrv••m 'a .`0. r,'++ tc' t�yc� fi�.y pyo l.�Ih•�VI�S�'dux�u��LLn>'�•�,ux(�IM�eT, �,,�,�p,: x.-aw;ii"d'uAi .30 "t•'Aa'iw.•�W. rt[�- -'""Eu:'�y lay MWu"^En ,�.3i+'° Cg� k�y�'" �\\��"`I'��'v" ' 'vY.�lll�'^' ly'lu4* I,.W+'dW V„Jrc .y”'^T."' I p „�7v M 9lun "' f Q,a`, G JI6 h W ,\�• C<V. f[v. 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'�.�� , a. - T ra .`w•- . all— sb Cm�-�'''Y_-r�.;. x,y"r{,�'^y�'+?"+"E",,�g'j'K�i�Srl.��zJ3��i=',3+;=�,d�' y�„sxPt.,;µ ,;N,,,.;yg ,�y^^��w•w"?",.aa"' %.rdw',�#.iai^'y,,x�.%}`i,, 3` [ � "� Y•. , Fig �eiF° x,°-�.Ad�'�"•�t„w`".��.o- ' j\�e�i:' s.vaa;jr,.\.+�a•...��\ a` +�y n�� ,".{y;• r i'.W.1P.,,y;..".t' '�" ,�` 'd,��>'° ��1:.t�°`RGM�'n\"'��+`�`y ✓ ;�y��n....gytka'" "��" �'"• �„"m;�.� Inv "`��r� ,'' '' <_'•.r.;�'_'_','Id�.fa" xws�,9""-`;sSvr�'"'ry�",€�--^�"�`'s'.•.��r�""...�'$,s, `•�t�,�'eW t^� iaie�.@�`� c�a-��g,�T".«�Z�+y;' - �4ft,�n4-"i.G�(" .Y".n ,d.�t •�=,,>p'&s'{�'� �" {_- ",.vu alarm• vc gh\u`+iM .,�°i i A'.n4 "$<� <w ` ico '.^+Y.,.�c r ,\�� .,,,y, ,.• R^"�Y� "`1��•S'r \C `��` 3•�' :�`^�' "Y*Y.bu.3=�"'.. +Lq„�w '` ��` ��,y��J...�U., \...aa�{_ F ,°�•�\F,�'�`.k' �i>� •Y�? .�+� ��s,�`. ,�,n>, ,y�• �.� �y"pSh•w�C�„!F^ y*r 6 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.BOX 674 ROCKVILLE CENTRE,NEW YORK 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 e-mail: elinor@brunswickappraisal.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 October 1, 2018 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A.Spiro, Land Preservation Coordinator RE: 260 Sound Avenue, Mattituck "West Property" 1000-120-3-2 410 Sound Avenue, Mattituck"East r " 1000-120-3-11.8 INVOICE-10 - -- Appraisal Report $2,500 G° LCiI' L Thank You OCT - 3 2018 DEPT O LLAND °PE)LRVATIGI • 111''�,. �`., ' r Y t ,4 � N TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 10/09/2018 CHECK 13,7-184 t' s FUND & ACCOUNT I P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 31891 1000-36 •APPRAISALS'-P.DIVELLO 2,500.00 I 1 , ' Ix TOTAL 2,500.00 i 2 j25 0 dJ Ru"rITO —saa—`• .- - Imo- --- -- ,,f _ z. y�=,.Lc i�.ir3+_�TLL + �— ;.� 1 .•r��.l ,,.��;•� iii ' ~' I :yr.., �},'t,t t�LC�J Rr �ai,�. •'•y}.7 :if}r•W I -I �tf _' � •.rte` � h;u, IL-` � '� , i a , J I I .•! -\I I TOWN OFSOUTHOLD AUDi2r;io%o9'/.ls' 53095•MAIN-RO6D'PO BOX 1179 souTFtoLD:Nv'ri97,1-0969 : ' i ' _ r CHECK NO', 13'7. 84' • ' ;:� ( 1 -THE SUFFOLK CO.NATIONAL'BANK' - L1ATE AMOUNT CUTCHOGUE;NY 11935 , y, „ ;,• ,�; 4' ,5054'6/21'4 ,10/09'/'2018 w,1',i''e' `• 1•�2i'�:�©Q.�'� 1 i 1WO''ITHOU'57 7'\FIVE;'HUNDRED= AND 00'/100"•'�OLVARS'f 1. P,4S'•;`J.; ,in,,,,. •' ' -i 'S •L':Ir�i•� ir• - i+ _ _ . - - \ ,\F�u� �'L':' ,, L', L.L; - .S?1,' a_,' '% I ,',-� �`' l°`',•.'.- + ter, I - �O51;f 1.,_k'co �� ;�i i•, .` '•' '9.. �(41,•c .,*z,' t ' i �`I IPAY. ELINOR BRUNSWICK, MAI o L TOTfIE 13R7?7NSYdIGK x?iPPRAISAL' CORP v� rx :'J I• !. ORDER' Po 4 �;;' ''' : . '. �Y,j�• app' _. �,. y ,,_ _I ROCKVILLE'CENTRE NY 11571 ►�' X13718411' 1:0 2 X4054641: 63 000004 O11' i PECONIC SURVEYORS, P.C. Invoice SOUTHOLD,NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 5/15/2019 3963 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT. 54374 RT 25 PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms j• Project 19-020 Net 30 Quantity Description Rate Amount 1 SURVEY FOR DEVELOPMENT RIGHTS EASEMENT 410 SOUND AVENUE 2,950.00 2,950.00 LLC,SCTM#1000-120-03-11.8 G�EC[�OMGD �A AY 2 8 2019 LAND PRESERVATION DEPT Town of Southold We appreciate your prompt payment. Total $2,950.00 Phone# 631-765-5020 TOWN OF SOUTHOLD r ' VENDOR 016144 PECONIC SURVEYORS, P.C. 06/04/2019 CHECK 139551 1' FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT i CM .8660.2.600.100 33210 3962 SURVEY-MDH, LLC-8•.0 ACRE 50.00 }; CM .8660.2.600.100 33211 3963 RVEY-410 SOUND AVE 2,950. .I r � ' l7 I ;I 5,900.00 .•1 i -]-. - N H I. J, - 1 m - �r+„ �yy Y+�• a rev _- I , F!'T-`�l - _� I-y.• F"'`4j ^'�,.i^^•-]t'+i�L"t�•� .t`rei—moi_j_�,r;�'"''•-,f` i r' , �- t�i .. r - i '- .Y,.,er;n 'I�r'�=k~- ��i=-,ta'�,fi;jz P`��-•1 I'.• � I. It 1 I 1 +t�•r ? .r•I�P�`-� G-rtcr,fit=. 'J7�lt'`" I r )•� I .•) !.r•o„� , L+-�rY117r'��:j l:� Vw�i yt:�i•��{'�;i[�•�I t� � r 1 � rss -�ij�'{'1> `+.31+luM1;tS•_�juT`j�7�?;,� ”=Sr=• ;r .. ..;1 I t _ ?3-H'n�l :}f'IYF,'7�'r;r�'1'[i 7_t i{•, _�-._•�--i,ri r._i,�` .*,,`.,y _ I ral--'il •Yi 1, ,f—?`i'LL_`i h=�+`ntG�"_ _a=t�,,'f;' -t='n",t)' 1•f`r j i `f i i?'� 'li i, ALL-.,5^T IL�'�,�r��,+?,-rl Drug•(" -•..,�u t 1 's ti i i � �^ r'.•Ir" ::�.•C�il�.•I -<.y:-� �r.-'7s`:. ��f 1 i ;�,. I .t.J,\ rti' S��4;+`-moi �,` 4, '-• I. - � 1 j I , I / •r I I I I r, I J I' • . 1 I ,.rLl, �., P O m D '� 0 0 �� 0 r0 0 r TOWN OF SOUTHOLD -AUDIT_ 06/04/3'9 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY:11971-0959CHECK NO. '1 39551; THE SUFFOLK CO:NATIONAL BANKDATE AMOUNT i CUTCHOGUE,NY,11,93.5 _ 1 06/04/2019; FIVE ,THObSAND NINE HUNDRED 'AND 00/100-DOtL2Aks_µ f it �o�0g1lFF01,g�oG = . f PAY, PECONIC SURVEYORS, P.C. 70 THE. 1230 TRAVELER STREET- I ORDER� ,P0,BOX,-909 -.. - ., . - •Dy� y0�" , ._ ., SOUTHOLD NY 11971 11. 13955111' 1:0211,054641: 63 00000's 0118 , I _ . IIIVOIce Nelson Pope&Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 (631)427-5665 May 9, 2019 Melanie Doroski Project No" V19X077.001.000 Town of Southold Dept of Land Presery Invoice No: 18958 Town Hall Project Manager Steven McGinn 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V19X077.001.000 410 Sound Avenue, Laurel Professional Services Phase SA 3/13/19 PO` Phase I ESA Task 1300 Phase I ESA Phase IESA Fee 1,050.00 Total this Task $1,050.00 Total this Phase $1,050.00 Total this Invoice $1,050.00 M AY 1 5 2039 LAND PRESERVATION DEPT Town of Southold All invoices are due net 30 days A late charge of 1%per month will be added to any unpaid balance after 30 days TOWN OF SOUTHOLD VENDOR 014161 NELSON POPE & VOORHIS, LLC 05/21/2019 CHECK 139413 i I A f FUND & ACCOUNT ` P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 (~ 33214 18957 PHASE 1�SA6 CM .8660.2.600.100 33213 18958 PHASE 110 SOUND AV 1,050.00 I TOTAL 2,100.00 - zo At _cam I - 1 `i ''�cr.t-� �': �jY t-,i,.,'_ F'�•'-;'s"_tr t,.�Ya i;. N�''�,�' ,. - i -x.-� 1 s is ��•-.:-�;-1•+,`' .._.. .,� �I Frt� I /.l t J I r.•.".;'_ .� t;'t�•..,._ \ int 1!I)'��t T v,e_ 1' _ P.YaH';: ,'It, _ _.ran'-�n,'c;L,1�'r S!% -•.• ; 16 -lj 4 I t • I ,._., :,ils gal U^a,"`�, { J f' I e I I � t I �• I t , I _ , •'s \iN _ •, --�--^eil e• .�-1— 0e;.g =c, �',°:k.._.°., .i'� s��i" e o z ��°. C? �I•"r° L'tY%:,�1 �. "�,"' +z..;~`'; 'p y'f ! TOWN OF SOU-THOLD AUDIT 05/21/2019' 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 - _ - 'CHECK-NO,. 139413 YHE Cl1TCHFFOLK CO 1NATI NAL BANK DATE AMOUNT { •05/21/2019' $2•,100.00 1 50.5481214 - ,TWO-THOUSAND' ONE HUNDRED AND 0 0/f0 0 0 DgLLAR'S'%; ;`I 1 � , - .. - ,_ �- i��o�Os11EFQi�'coG�� - � - •s iPAY NELSON POPE & VOORHIS, LLC c - TOTXE 572 — -_ - / WALT WHITMAN ROAD W! OF MELVILLE NY,.'11747' 6 3 000004 0{{' - *stew "5i iii'""' Title No. 7144175 Real partners Real posslbllltles" Invoice No. 714417501 Invoice Date 07/10/2019 12:12 PM ra 11573 wres IN is)' I Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Date/Time 7/25/2019 2:30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation Southold Town-Dept.of Land Seller Attorney Patricia C.Moore,Esq. Preservation-54395 Route 25, Southold,NY 11971 Transaction Type Easement with Insurance Sale Amount $482,541.22 Loan Amount $0.00 I ' 1 Property Address 410 Sound Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 120.00, Block 03.00,Lot part of 011.008 Property Type Commercial,Vacant County Suffolk Seller 410 Sound Avenue,LLC ,Buyer/Borrower Town of Southold PREMIUM: Fee Insurance(Liability Amount:$482,541.22) $1.973 00 $1,973.00 ENDORSEMENTS: SEARCH FEES: State-Certificate of Good Standing $30000 $30000 2 RECORDING FEES:*xx Recording Fees $620.00 $620.00 2 Subordination Agreement 3 as SUFFOLK COUNTY-MORTGAGE VERIFICATION FEE- $40000 $40000 $200 00 per document Recording Fees $965 00 $96500 Easement Agreement v,,/TP-584(23 pgs)$420 00 Certified copy of Easement$150.00 C&R xv/TP-584(7 pgs)$325.00 Certified copy of C&R$70.00 TAXES:(TRANS FER/MANSI ON/;1'IORTGAGE) Peconic Bay Regional Town Transfer Tax($8.150 82) EXEMPT(See exemption claimed on transfer fbnn NYS Transfer Tax(usually pard by seller)($1.932 00) EXEMPT(See exem iron clamed on itansfcr form) Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue Suite 302 Page 1 of 3 White Plains New York 10604 Attn Accounting stewartii Invoice No.714417501 Real partners. Real posUlftle_,, ' ADDITIONAL: Additional Fee($200.00) Title Closer Services NOTE:Please pay directly to closer. -SUBTOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 Taxable at 8.625%. M� Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT DISCLMMEIV j,-_ PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance. 2. Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing.Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time 3 Refinance:if this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4 Additional Hour Fee:For all closings that exceed two(2)hours;a fee of$100 00 will be invoiced for each hour or part thereof at time of closing. If closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G):'The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant" 5 AcUournments:Title and ta\continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing An adjournment fee of$200.00 will be invoiced when the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our«ebsite wxv-,v stewart.conl/nvmetro Please remit payment to StewartTitle Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains New York 10604 Attn Accounting TOWN OF SOUTHOLD VENDOR 019624 STEWART TITLE INSURANCE CO. 07/16/2019 CHECK 139903 4; FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 7144175 410 SOUND—TITLE INS PLCY ;'1, 973.00 ' CM .8660.2 .600.100 7144175 410 SOUND—REC. EASEMENT 420.00 CM .8660.2.600.100 7144175 410 SOUND—CERTIFIED COPY 150.00 CM .8660.2.600.100 7144175 410 SOUND—RECORDING C&R 325.00 x.a CM .8660.2 .600.100 7144175 410 SOUND—CERTIFIED C&R 70.00 TOTAL ,' 2, 936.00 I 1_i4 \ ' yrs`�,•S�i �-.x"(l"f i+ •`- , - •'ti ,'i _ .:. ,I�.". r - _,'f.i+',7t a_�,'rgr'tn��";>rr ! , i I 1 i u I` 1 4 1 1 c TOWN QFSC1IITlIOLD 410 SOUNDrCIOSING-7/25 i - 53095 MAIN ROAD.PO BOX J 179' - CHECK NO'. .13 9903- � ' i - SOUTHOLD,,NY 1-1973.0959'' _ ' ' _ THE SUFFOLK;CO.NATIONAL eANI< '= "" ' ._ CUT,CHOGUE,NY 11935 DATE AMOUNT"' ' 5D-546hi'4 ;07/16/2019, $i,939.00; i `TWO"TT30USANDr'NINE HUNDRED.THIRTY•EIGHT .z1ND'''0 0/100DOLLARS,., - - , AY, STEWART TITLE- INSURANCE CO. c �' r'z 701NEj71,1 WESTCHESTER,AVE; - SUITE +302 ORDER'. WHITE PLAINS-,-NY-10604' --ii' 13990311° 1:0 2 140 546411: 63 000004 Olin `x' I 1 I ��r TOWN OF SO UTHOLD ' I I , VENDOR 011451 MARY KOLAKOWSKI 07/16/2019 CHECK 139902 A � YY. FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT s I ' I CM .8660.2.600.100 `' 7144175 1TITLE CLOSER-410 SOUND 150.00 TOTAL 150.00 w11=717 co 41, tk —s.."• ,. - -aTr+e lei-.:��t=' c.�.` ,,'h_�.';. ,�. .. ' f .f_ s,x'=� :F„W�`i.;-,N=• iz•'.:i:hi�"7'.,;I:'=:� .. ;-1; • I I t I I I I R I � TOWN•OFfSOUTI�OlD` 53095 MAIN.ROAD;=PO BOX 1779 ' 410 SOUND-CLp'SING-7/25' SOUTHOLD,NY 11971,0959 ' CHECK NO 139902= THE SUFFOLK•C0.NATIONAL BANK _ 1 CUTCHOGUE,.NY 11935: 'DATE AMOUNT .50'64612;4 `07'f 16/201.9- s]50.00 `ONEv'I UNDRRD °FTFTY{AND 40/100` b6ttARS AY MARY .KOLAKOWSKI719 ME f SCR 6 2 5 ,MAFtRATO02�A.'LANE 4f MATTITOCK' NY-11-952" �r y n■ 13990 2ii' 1:0 2 1�0 S464io 63 000004 Dim ` 1 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/13/2019 Number of Pages : 12 At: 02 :53 :36 PM Receipt Number : 19-0173148 LIBER: D00013028 PAGE : 608 District: Section: Block: Lot: 1000 120 . 00 03 .00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $7 . 80 NO RPT $400 .00 NO Fees Paid $507 . 80 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County << ; Y F11 21 Number of pages / _ RECORDED 2019 Sep 13 02:57436 Pr's JUDITH A. PAS ALE This document will be public ' LERK OF COUNTY record. Please remove all L t,fiSUFFOL0.28 K1I<.K ;UNT',, Social Security Numbers P E-0 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp ` Redof-ding/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. _ � 00 Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 N Transfer Tax Q Affidavit �� Poi` Mansion Tax'�Yj,�„�,,�� 1 ? ell The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total ?j 7 family dwelling only. Other YES or NO Grand Total �0� If 140,see appropriate tax clause on page# of this instrument. 4 JDioe-�% - �000 3951334 S�� (jq, +1f chP ;i- =5COmmunity Preservation Fund Real Prop ert" T� �� P P S Consideration Amount $ Tax Service R LPA A Agency 12SEP49 CPF Tax Due $ Verificatior Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: I Vacant Land O..t`-T1'16L.p ' �W� ��P4. - IF TD x -7 9 TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, IVY 11901 Co.Name r- ^ 1 E www.suffolkcountyny.gov/clerk . Title# y �- �-?3 t- -- \ `i \� \,--7 !S 8 Suffolk County Recording & indorsement Page --), --t—\'D r, C1 T2 -I E. This page forms part of the attached - -"� — e-s rr-1'C-=' \"p-r, s made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of ��► r� In the VILLAGE .C=E�s P.r-r �Z )--�) or HAMLET of BOXES 6 THRU 8 MUST BE TYPED Ok PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104..loloekk z- --_ (over) I i • I IMPORTANT NOTICE • 3 If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10' and on or before May 31s` Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901 (631) 957-3004 (631) 727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964 (631) 451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton, N.Y. 11937 Smithtown, N.Y. 11787 (631) 324-2770 _ (631) 360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington, N.Y. 11743 Southampton, N.Y. 11968 (631) 351-3217 (631) 283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip, N.Y. 11751 Southold, N.Y. 11971 (631) 224-5580 (631) 765-1803 Sincerely, k-c+L.LtiL Q. Judith A. Pascale Suffolk County Clerk 12-0104..06/06kd p S LPA AStat ID F 3951334 12-SEP-19 Tax Maps District Secton Block Lot School District 1000 12000 0300 002000 MATTITUCK-CUTCHOGUE 1000 12000 0300 011008 MATTITUCK-CUTCHOGUE Ile i 4P /ee" r s ,' 7/X1-4-/Z3 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 251 day of July, 2019,by MDH LIMITED LIABILITY COMPANY and 410 SOUND AVENUE, LLC, both with an address c/o Patricia DiVello, 220 Blossom Bend, Mattituck,New York 11952, hereinafter individually referred to as. the "DECLARANT" and collectively referred to as the "DECLARANTS". WITNESSETH: WHEREAS, DECLARANT MDH LIMITED LIABILTY COMPANY is the owner of certain real property situate at 260 Sound Avenue, and DECLARANT 410 SOUND AVENUE, LLC is the owner of certain real property situate at 410 Sound Avenue, both in Mattituck, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-120-3- 2 (the "West Property") and#1000-120-3-11.8 (the "East Property"), and shown on a survey prepared by Peconic Surveyors, P.C., dated May, 1, 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 Schedules"A-i�(Overall Description) and made a part hereof(collectively, the "Property"); and wast Properf y- Env b;J-1 E0.st ProperiY- 1=xh;bltZ WHEREAS,the Survey shows a"Development Rights Easement Area" of 8.1313 acres and an`Excluded Area" of 2.7104 acres on the West Property and a"Development Rights Easement Area" of 7.6899 acres and an`Excluded Area" of 2.5633 on the East Property,both described in the metes and bounds descriptions attached as SchedulesA-1 and A-2t(Developmente r 'J� Rights Easement Area and Excluded Area descriptions); and �es+FrOPUT7 ``n -'�{ -�y B-I avlcl 6-2. Eastl��, rr' WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement for part of the West Propert3Kand a Grant of Development Easement for part of the East Property dated July 25, 201 and a� L ' ;ncJ S,'wty�'�ahco�Y f¢cG''c1Co1 har¢.w��'"1 WHEREAS,the West Property and the East Property also each contain a separate Excluded Area; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easements, 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 Declarants and prospective owners of the Property that the within covenants and restrictions be imposed on the West Property and on the East Property, and, as a condition of the acceptance of the Grant of Development Rights Easements, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office against the West Property and the East Property; and WHEREAS, the DECLARANTS have considered the foregoing and have determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANTS and subsequent owners of the East Property and of the West Property; and 1 NOW, THEREFORE, be it declared as follows: The DECLARANTS, for the purpose of carrying out the intentions above expressed do hereby make known, admit,publish, covenant and agree that the West Property and the East 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 East Property and the West Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANTS may make an application for subdivision or separation of, or for any other relief from the Town of Southold that would allow the subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification. The farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting Development Rights Easement Area shall be at least ten(10) acres in size and attached to an area with its building rights intact. 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 these covenants 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, his successors and assigns, and upon all persons or entities claiming under him, and may not be annulled, waived, changed, modified,terminated,revoked or amended by subsequent owners of 2 r y , 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 DECLARANTS above named has duly executed the foregoing Declaration the day and year first above written. MDHIMITED LIABILITY COMPANY By: P tricia DiVello;Managing Member 410 Sound Avenue, LLC By: Patricia DiVello, Managing Member STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the 251 day of July, 2019, before me, the undersigned, personally appeared PATRICIA DIVELLO, 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 She executed the same in her capacity, and that by her 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 befor the undersigned. Notary Public MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 3 SURVEY OF PROPERTY SOUND AVE AT LAUREL lmaa TOWN OF SOUTHOLD NBT4E'DD'E _ „ SUFFOLK COUNTY, N Y 1000-120-09-02 10 58100 '-� toao,--" — ____tlDD ao A SCALE 101 I.1 MAI i, 9 S iA/NE i;IOr9(REV A0.UMER) r � 0 fr Wo/F v$ NDWFR SMANtt LLC \ 11'151• o. R \ NTD,DaD S Z ' Q IXGLVDED AREA•2]104 PLRES S! �A6 N �N]p1J 00E OEYELOPYENI EASEMEM AREA N/0/E D 1313 ACRES 4tO SOUND AVE LLC n 1113 G n < 'a Z Z 0 a N/0/F 18E EARN LLC � N � C 3 Z �O 0 A a P CERRFIFO� TOVM OE St7ti1THOL�DEVELOPMENT RIGNTS TN+M OF SOUflKKD SDR LLC TOTAL LOiAREAa 1D&t]ACAES SiEWAgi TIiIE INSURANCE COMPANY OEVELOVNEM WGHTS FASENENIPPEA•0 ENCLUDED—]]1NAMES KEY A YO A7 / STVE w.Umrn vaEO TOWN oK s utxotn N w / Na 696/6 OEC 6SUR4E' O'YO6lY rzu�4wlAAw c�03f5G mmiaES ATEA 108417 A P G G60)� 90330 FAX wo M 79] v r sw uAv m coves[uv Rx uvvees0 uAe 0'me etrelnva.rase.Riwvu Avo ws up[o'a IIJO-MM SIREEI SroO—,—'m 19-019 A � stewa ,,,t tlt[e Policy Number: 0-8911-000864676 l• Date of Policy: July 25, 2019 File Number: 7144173 SCHEDULE A— DESCRIPTION, OVERALL DESCRIPTION: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of-Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1,543.12 feet; THENCE South 73 degrees 31 minutes 00 seconds West along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 1,29216 feet (deed); 1292.61 feet (actual) to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83.degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. -Schedule A Description(Page 1 of 3) - �,L b ff �cC stewa t titan Policy Number: 0-8911-000864676 Date of Policy: July 25, 2019 File Number: 7144173 DEVELOPMENT RIGHTS EASEMENT AREA: (TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East, 490.61 feet to the true point of beginning; THENCE, South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1052.51 feet; THENCE South 73 degrees 31 minutes 00 seconds West still along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; Thence North 19 degrees 45 minutes 00 seconds West along the last mentioned land, 1032.96 feet; THENCE North 70 degrees 13 minutes 30 seconds East, 339.46 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3) - stewart titlO Policy Number: 0-8911-000864676 Date of Policy: July 25, 2019 File Number: 7144173 5� A-� EXCLUDED AREA: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 490.61 feet; THENCE South 70 degrees 13 minutes 30 seconds West, 339.46 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 259.65 feet to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last-mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last-mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. -Schedule A Description(Page 2 of 3) - v I/EaA fr° ` SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD SOUND AVE SUFFOLK COUNTY,'N.Y. ,9036 1000-1zo-Os-ue • NgSaS']0'E „S.Oo• N0.43WWE y SCALE 1•=50' —�d�d�d�� d v 91!]0• }1 YAY 1,2019 M x 1 J+f U J '!C�VVy�y� \max•e>• x'•11 _ A 1 �1 Q"'" 1 AvtnV2 S 5, CULTIVATED FIELD excwom MFA.230.0 ADRLs 51512/ / '9. DEKIDPMEM RIGHfi FJSEMFM MFA-76099 ACRES C C� YA 0 C � a 0 TowN oEo�oulHOLD Ca to z 4 YA O � 0 F 0 MOH LMB U/MB m CO 1 14 O'FR1RIm 14 �/ TOWN OF 90111HOID 410 WMD AVENUE.LLC SRWMf TOIf INSURWCC COMPMY TOYM OF SCU OLD DEVELOPMENT RIGHTS 1076fi IOTAILOTARFA•1035IIACRF6 N. D—OPMENTRIDIrte EA—E.=.)60MACRFO •✓° .CWDEDARFA•16810 ACRF5 �1;1.p'R �• KEY �d p. -WmAR ® _ N/0/F 6' _�F rar �� rowx OF solRHom -uom9avr 1 - w.Omm Pn36 NYS fK N0.196M PECOMC SURVEM P G ND'awm9v w A6nmN m Ms swNYo A,wn9a v scnd rro9aF tM n9.'Wnt sc,a nXiunm u. AREA•1=ACREB (631)]63-3020!AX(631)765-1797 pTIDIK{YR 50'Od J.b9-9bYl[9OV 2 N[RAD94nd5 MAfOV A4 VNO/Oe 6a Me•Na mCs 6m¢[r pa BOX 909 V r s•n MxP a m¢s Ru.9 a<Ar�sAc o na.9wlXm e�saun•c.Mxwes HOCOL 1230 TR MVB7R ,ww NY 1197! 19—Oz0 LL& stewar L, ti 1.io Title Number: 7144175 SCHEDULE-4--DESCRIPTION REVISED.6/6/2019 OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: 1 BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the parry of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. Schedule A Description(Page 1 of 3) - Sou 4U-C' stewaft titin Title Number: 7144175 s4lfbk -- DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of. Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75.degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; L THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. -Schedule A Description(Page 3 of 3) - s(ewa t ti io Title Number: 7144175 5'c�ecicJl� �� EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. -Schedule A Description(Page 2 of 3) - guFFO(/- OFFICE LOCATION: MELISSA A.SPIRO ®�® C®� Town Hall Annex LAND PRESERVATION COORDINATOR h.1. .f,A 54375 State Route 25 melissa spiro@town southold ny us = ;G (corner of Main Rd&Youngs Ave) Southold,New York Ze Telephone(631)765-5711 Facsimile(631)765-6640 ®� ® MAILING ADDRESS: www.southoldtownny.gov ®1 �, 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: August 5, 2019 Re: Property#1 (West Property): MDH, LLC to TOWN OF SOUTHOLD Part of SCTM#1000-120.-3-2 Development Rights Easement Property#2(East Property): 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD Part of SCTM#1000-120.-3-11.8 Development Rights Easement Please be advised that the Town of Southold has acquired development rights easements on the properties listed below. If you would like any additional information regarding the acquisitions, please feel free to contact me. Property#1 "West Property": LOCATION: 260 Sound Avenue, Mattituck SCTM#: part of 1000-120.-3-2 PROPERTY OWNER: MDH, LLC (Patricia DiVello) CONTRACT DATE: March 7, 2018 PURCHASE DATE: Closing took place on July 25, 2019 PURCHASE PRICE: $510,239.07 (8.1313 acres @$62,750/buildable acre) EASEMENT ACREAGE: 8 1313 acres TOTAL PARCEL ACREAGE: 10.8417 acres Property#1 -"West Property" (continued): EXCLUDED AREA: 2.7104 acres at north end of property along southerly side of Sound Ave Covenants & Restrictions were recorded stating that the landowner, or any future landowner, can apply for a subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification. J In addition, any farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting Development Rights Easement Area shall be at least ten (10) acres in size and attached to an area with its building rights intact ZONING: Agricultural-Conservation (A-C) Zoning District FUNDING: Community Preservation Fund (2%) Property#2 - "East Property": LOCATION: 410 Sound Avenue, Mattituck SCTM #: part of 1000-120.-3-11.8 PROPERTY OWNER: 410 Sound Avenue, LLC (Patricia DiVello) CONTRACT DATE: March 7, 2018 PURCHASE DATE: Closing took place on July 25, 2019 PURCHASE PRICE: $484,541 22 (7 6899 acres @$62,750/buildable acre) EASEMENT ACREAGE: 7 6899 acres TOTAL PARCEL ACREAGE: 10 2532 acres EXCLUDED AREA: 2.5633 acres at north end of property along southerly side of Sound Ave Covenants & Restrictions were recorded stating that the landowner, or any future landowner, can apply for a subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification In addition, any farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting Development Rights Easement Area shall be at least ten (10) acres in size and attached to an area with its building rights intact ZONING: Agricultural-Conservation (A-C) Zoning District FUNDING: Community Preservation Fund (2%) SURVEY OF PROPERTY souND AVE AT LAUREL TOWN OF SOUTHOLD Naz.J°-E '_i5�a--__ SUFFOLK COUNTY, N.Y a 9 1000-120-03-02 1=50 �S SCALE` MAY I.2019 T. .RM£12,20 9(REV A0.2VNER) lm WEST Poi 4 ROWER 5°/Nfv1Y LLD \ 2LT JT d 1 Is 'E U1\ �D}ice i a OfDLDDED NlEA=::ICO ADRES ND \ DEVELDPMEM qU^Hi5 FASENENT nRE4-B 13'3—ES 410 SCUNOF AVE LLC b o n � O L TA 2 0 � O \ O m O N/0/F 0 OF FPRM llG 0 C C "O �\ Q V S� a 1\ C T..OETSOUfACEt TOWN OF SOUTHOLDDEVELOP ENT RIGHTS STE1rfNiDlrtFE�NSURMCF DCAIPPNT IOTU FOi AREA•fO WITAC�EES \\ DEVELOPMENT giOHIS EPSFe�ENingEq•BY1W A<gEe FXCLUOEDAgEA \` ''�-`' KEY E •[iUnO/U r~- / CS cEL �fi �a•U1MtYv PCFF D O� ViNCLD v l sw+�v m rsls else 1xF xwx_sY0�.M b rr Au•rrro vmsr.4evv rtvr a rtAes xOKor no \ Al�A ANA ACRF9 l o iX5-'c10 fRX(6JIJ:65-1791 0 d0 17 N S 12JD iFf K EN, SOU�NOtG�Y 11511 19-019 SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD SOUNo AVE SUFFOLK COUNTY, NY 19056' 1000-120-03-119 , 11]90' NBJ J630•E y SCALE`F-60' N]JxJ>oT f0 W�^'sy x�Y x1 m EMT MOP MTy x� a CULTIVATED FIELD M.O.AREA-3561)KF. 51513/ �� DEVELOPUEM RIGHTS CASELEM AREA.7 U99 ACRES G C� SA 0 � C (A � C � O mwN ov so rHDm Ta m � o va o r in m a , wv, MOH URIwo LWB UF,CO LFRRFRD m / E LOSCUMOEU / xNEOUxD AKNUE LLC s1ExxM 1DIE w6URA+ICE[OuvAxY TONT)OF SOUTHOLD OEVELORMENT RIGHTS DI-LOMEXT RI TO LE —ACRES KEY �sF%CWOEOMEA•3EbuACRF9 ]D^x yr�° Sl\J\ KEY C- Ei - x[tE 1bAw OF OSOUTHOLD - L-FF NG •0..ulun Au NYS LIC NO x9EIS K[Ew/C STIP—N OC AREA-10M ACRES (E]IJ>6J-=0>0 TAX(b]IJ>6J-IJ9) .MF[Da SO S.9G) T e Sw eAv OR COVE 6[Av ra xmRi�Yu arra 9NHrOR w0Y sLvcn�u y � T}JG M K[ER SIRRT SWMIXO rvY/19Jr IJ-020