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Home My WebLink AboutKrupski, Eugene & Maryann - .5 C* 00,0,-100',2-3 (f%k/a part o'f 1000=-.00=2=3 2), Bas'elrie.Documeri} ' y:r,� tation,' , - !�, 1 at ., a f - _-tiJ i''t -.. 1 �. -i - - '!�' 1.Y: :4„7 "t«U' _ „`•- , 223 PAW- �Aven�ue; . Matti -tic New, '� `•�' •_ _(• '�\_ 'F'• 1+ �tfa = - 1 ' , ., -. - - Lam- - ,,.. acres_ ' :Develo`p`ment-,RivVs- Ease,ni:ent; EUGE=NE: Pl.”- '.a-KR P r KI't ar . - U S_ 1. MARYA_NN KRUPSKI to TOWN OF SrOUTHOLD Easement'd"A' d"'J-u'1 °25; 20-19` =n y .i =RecOr-dead Se tember Suffolk County,C'lerk-,",-Lib:er D00013028;Tag .124 4 ' S SCTM #: 1000-100.-2-3.5 (f/k/a part of 1000-100.-2-3.2) Premises: 2230 Soundview Ave Hamlet: Mattituck Purchase Price: $ 39041,040.00 (48.0 acres @ $63,355/buildable acre) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: 56.0 acres Development Rights: 48.0 easement acres Excluded Area (north): 6.1 acres along Soundview Ave includes residential home and driveway, fencing, wooded area, 0.32 acre pond area, frame chicken coop, greenhouse tents Excluded Area (south): 1.9 acres along Oregon Rd included agricultural framed barn and framed shed Zoned: A-C (Agricultural-Conservation) Existing Improvements: In June 2019 — (within easement area) swale depression at southeast end of property, dirt farm road, irrigation hydrant midway on western boundary line, vault on eastern boundary line, easement area planted in sod SUBJECT PHOTOS View of Subject from Oregon Road Looking North Showing Swale 4_ , View of Subject from Soundview Avenue a LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING SUBJECT PHOTOS Subject Dwelling wy'J 19C6{196f j�� 1 k � �'��4 �Sn�w�$,►, View of Subject from Southerly Location Facing North LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING SUBJECT PHOTOS Views of Subject LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING SUBJECT PHOTOS Oregon Road Facing West Oregon Road Facing East i LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING SUBJECT PHOTOS Soundview Avenue Facing West �3 Soundview Avenue Facing East LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING 1 A P P R A I S A L R E Q U E S T APPRAISAL REPORT OF REAL PROPERTY LOCATED AT 2230 SOUNDVIEW AVENUE MATTITUCK,TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DISTRICT 1000,SECTION 100, BLOCK 2,LOT 3.2 OWNED BY EUGENE P. KRUPSKI PROPERTY TYPE: PRIMARILY RESIDENTIAL ACREAGE IN USE FOR AGRICULTURAL PURPOSES PREPARED FOR MELISSA SPIRO,LAND PRESERVATION COORDINATOR TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION TOWN HALL ANNEX 54375 STATE ROUTE 25 PO BOX 1179 SOUTHOLD, NEW YORK 11971-0959 VALUATION DATE:JANUARY 4,2019 DATE OF REPORT:JANUARY 4,2019 FILE#nWl PREPARED BY LAWRENCE INDIMINE CONSULTING CORP REAL ESTATE APPRAISALS AND CONSULTING 18 BAILEY LANE MIANORVILLE, NY 11949 PHONE(631) 979-2735 b i i E N V 1 R O N M E N T A L S U M M A R Y Windmill Oil Tank Service Est. 1968 89B Bellp ort Avenue, Yaphank NY 11980 631-360-8901 Suffolk County Heating Oil Tank Certificate of Abandonment For Tanks Less than 1900 Gallons Name of property owner:-Eugene Krupski Address: 2230 Soundview Avenue Town: Mattituck NY 11952 Phone Number: ( 631 ) 871 _ 2268 Existing Tank Information Tank size:275 xxx 550 1000 Product stored in existing tank:Home Heating ol1 Stick reading of existing tank: 1/2" Tank pumped empty of all product: yes Was Speedy Dry added: yes Fill material: Sand FoamXXX Concrete Was tank completely filled by inert material: yes Fill & Vent pipe:Capped Removed Cut below grade xxx Tank Location Information X New Tank Information Tank size: 165 275 330 400 500 1,000 Location:Above ground on pad/containment Indoors Below ground Conversion to gas Y Installers name (print)Juan Pallares Signed:.7=noaflara Pate: !jA 18,2019 PHASE I ENVIRONMENTAL SITE ASSESSMENT for the property located at: 2230 Soundview Avenue Mattituck, New York SCTM # 1000- 100.2-3.2 Owner: Eugene & Maryann Krupski prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54375 State Route 25 Mattituck, NY 119 71-09 5 9 prepared by: Cashin Tec lca ervices, Inc. Engineering -PI 1nir C n -uction Management 1200 Veterans Memorial High ay, upp ge, w York 11788 - (631) 348-7600 1 V&NJL 17,q LJ®19 I PHASE I ENVIRONMENTAL SITE ASSESSMENT ' I FOR THE PROPERTY LOCATED AT: 2230 SOUNDVIEW AVENUE MATTITUCK, NEW YORK SCTM#1000-100.-2-3.2 OWNER: EUGENE & MARYANN KRUPSKI PREPARED FOR: TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION TOWN HALL ANNEX 54375 STATE ROUTE 25' MATTITUCK,NY 11971-09'59, .,I PREPARED BY: CASHIN TECHNICAL SERVICES,INC. 1200 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK 11788 19CTS.003 MAY 17, 2019 Cashin Technical Services, Inc. PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 2230 SOUNDVIEW AVENUE MATTITUCK, NEW YORK SCTM 41000-100.-2-3.2 OWNER: EUGENE & MARYANN KRUPSKI EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) prepared for the Town of Southold by Cashin Technical Services, Inc. (CTS) for the subject property located at 2230 Soundview Avenue, Mattituck, NY. The subject property is an approximately 47 acre portion of a 56 acre farm parcel. The proposed development rights easement area is currently comprised of active farmland, with fringing woodland along a portion of its western border. No structures are present on the easement area. The excluded areas and associated structures were not subject to inspection for this ESA, per direction from the Town. For the purposes of this assessment, the subject property is considered the 47 acre parcel considered for the development rights easement. The excluded area includes a residence and two high tunnel greenhouses on the north end, and a barn and garage on the south end along Oregon Road. A portion of the south end of the subject property borders on Oregon Road. The field inspection was conducted on May 13, 2019 by an Environmental Professional from CTS. CTS accessed the parcel from Oregon Road and unpaved roads that extended along the west side of the property. Site access was arranged through the property owner, Eugene Krupski. Based on the review of the available historical data for the past 67 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. According to the ES-1 Cash in Technical Services, Inc. owner, the subject property has been in his family's ownership as a farm since about 1910, has always been used for agricultural purposes, and does not have any structures or buildings. The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concerns regarding potential contaminant migration and impacts to subject property conditions. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issues were found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs) None identified. ES-2 Cash in Technical Services, Inc. De Minimis Conditions None identified. Business Environmental Risk Issues Out-of-Use Fuel Storage Tank — There is a pump and well system along the west side of the property mid-section. The well system is equipped with a relatively new aboveground 500-gallon diesel tank. No issues were observed with the tank. However, there is an out-of-use underground tank, as evidenced by fill and vent pipes and disconnected supply lines. The age of the tank is unknown, but it appears to be old. The tank is not in use, nor are there plans to ever utilize the tank. It is recommended that the tank be removed, along with any soils affected by past leakage if present. Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. ES-3 Cashin Technical Services, Inc. Photograph #1 — Driveway into north end of property from Soundview Avenue with residence shown in background.This portion with residence is excluded from easement area. Photograph #2— Front of property along Soundview Avenue, showing the ,' portion in the excluded area. Mailbox is a ,f for the 2230 Soundview Avenue s address. 3v v Photograph #3—Driveway into south - end of property from Oregon Avenue; red barn is on excluded portion. Several delivery trucks are parked near the barn. 1 Photograph #4—Dilapidated building on excluded area along Oregon Road. Photograph #5— Red barn on excluded area along Oregon Road, showing oil tank and miscellaneous debris, not in easement area. •wY ,..p�y �. i.9"Y. r Photograph #6—Alternate driveway entering the subject property from its southeast corner along Oregon Road. ® - - Photograph #7—Trucks parked on excluded area at north end of subject SII property near red barn. Photograph #8— Irrigation line that ., runs along south end of subject property. View of subject property facing north. Photograph #9— Irrigation equipment at south end of property. Machinery contains a diesel fuel tank,with no indications of leakage. Photograph #10—Subject property, viewed from west boundary facing east. 'f Photograph #11- Fringing woodlands along west side of property; view facing north. ;V i rN`,�i-•E-fP� c Y Photograph #12- Small wetland area i �1► along west side of subject property a mid-section. f r Photograph #13- North end of i` property, with residence in background that is on excluded area. Photograph #14 - View of mid- section of property, facing west to east. a s Photograph #15-Wooded area along property line on west side of - property. a P Photograph #16-Well and pump system for irrigation water, showing 500-gallon aboveground diesel fuel tank. 0 r �: r .a� - �Q, Photograph #17—Old fill and vent line near pump and well system, indicating presence of underground G `• �, ''` fuel tank. fill , r 1►- .ani,,.�=. .—:�.t.' 4t � . iTa►� ., ��► f XA , ,�' Photograph #18—Close-up view of fill port for underground fuel tank. 1%'' s �•� Via! `J � !ff►-yf '' +� J r Yy �• - .��pry.' . "7; Photograph #19— Disconnected fuel supply lines running to under round fuel tank. lo s „F'�' ,-;•apt _ .� - T q.it L n ? #2 Photograph 0- Location of -- underground fuel tank on north side of well. AL % ► +3 �. .j rr i l F• Photograph #21 —Plastic high tunnel structures on excluded area just north of subject property. Photograph #22—View of plastic high tunnel structures from Soundview Avenue facing south, showing excluded area. Photograph #23—Wetland area along Soundview Drive on excluded area at north end of property. ' iC f' 4{ a r ' Photograph #24—Trucks and farm equipment parked along Oregon Road on property adjacent to east. Photograph #25— Woodland adjacent to west side of subject property. 4 r P Photograph #26— Resident property adjacent to south end of subject property along north side of Oregon Road. r e s Photograph #27—Vineyard across Oregon Road south of subject property. Photograph #28—Woodlands along Soundview Avenue adjacent to subject property. e• y'1 •o • • c Soune o • ' Oo O � o, f; 1 ` o •W .o r: . r Site * , O o• �� - i • : •• •4 o Pc \ 0 >se • - go. • 's��a S O ep T H 0 L , D •Op \ •t�1sr �� V _ 0 u 'w /� •/ Q' - WPit Vellba New York State Department of Transportation Mattituck Hills Quadrangle, New York-Suffolk Co. 7.5 Minute Series, 1991, Digital Edition Scale 1:24000 TOPOGRAPHIC LOCATION MAP 2230 Soundview Avenue Mattituck, New York SCTM #1000- 100.-2-3.2 19CTS.003 ♦�' •xf � � .ate i» a t zvl' .s+' \ . ;tom+ a d v.�`,.µ , •� 10 W• www V �% i oo 100 i wi wi �s w i w { w w 0. • T ♦ Y �.',i � wI ♦ ♦Iw • Legend Excluded Area Easement Area Project TaxlVl. . -• � •- • sell •- • Es PIB PIC Ab R,dB dB Ox r Rnt C PIB t HaB � F" ed PIC f MfB ,� ✓ Rd8 t � / RdC m v Has HaB '//,.t HaB E II Pm B3 4 •"i ��1 r • PIB HaB. PIC CpE ti { ,•�^ ,rte.�,. ..: LZ ,�.` '�^ 't�•� a ��a. Cal Al" �,• fy �p .r` �•¢��•.., ;;.,r,' , ti�� iii �'fai / f y' Ste' ''11VV��lI�'��,��yyhh�••'�I�t M1?'�. e"~ �� •,f /� Y �p lJ `� r, •]liiC+• .per _ 'r' V R N Tidal Wetlands Map United States 0 250 5Qo 750 1,000 Fish and Wildlife Service Feet j. R l � s � v i ..• � `. -�:. ani' �►` , k I I 338 4 1678 North � 63 Vol 652 .�r� l o 65606 C q 7 533 10390 65 05 rte 53322 5332 Y, 533 6 53327 35 325• t 333 650V ROBIp3 C�JZP.C�� , E'C�xKGC �aGfi IS. 1 Suffolk County Department of Health Services Water Table Contours and Location of Observation Wells In Suffolk County, New York March 2002 Approximate Scale: 1"=1 mile 19CTS.001 P U B L I C H E A R I N G �gUFFO(,�oG RESOLUTION 2019-331 �1x �y�of*7baa ADOPTED DOC ID: 15086 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-331 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 9,2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing' for the purchase of a development rights easement on .property owned by Eugene P. Krupski and Maryann Krupski. Said property is identified as part of SCTM #1000-100.-2-3;.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from the intersection of Soundview Avenue and Saltaire Way in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee' and the property owners. The easement will be acquired using Community Preservation Funds.~The purchase price is $63,355.00 (sixty-three thousand three hundred fifty-five dollars) per buildable acre, estimated at, $2,977,685.00 (two million nine hundred seventy-seven thousand six hundred eighty-five dollars) for the 47± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr,,Ruland, Doherty, Ghosio, Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Eugene P. Krupski and Maryann Krupski. Said property is identified as part of SCTM#1000-100.-2-3.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from the intersection of Soundview Avenue and Saltaire Way in Mattituck,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. The purchase price is $63,355.00 (sixty-three thousand three hundred fifty-five dollars) per buildable acre, estimated at $2,977,685.00 (two million nine hundred seventy-seven thousand six hundred eighty-five dollars) for the 47f acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: April 9, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville SoutholdTown Clerk PLEASE PUBLISH IN THE APRIL 18, 2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE (1) AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD, NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEARING April 23, 2019 4:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 5:01 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 23, 2019, at 4:30 pm, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by EuL,ene P. Krupski and Maryann Krupski. Said property is identified as part of SCTM#1000- 100.-2-3.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from the intersection of Soundview Avenue and Saltaire Way in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56:E acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. The purchase price is $63,355.00 (sixty-three thousand three hundred fifty-five dollars) per buildable acre, estimated at $2,977,685.00 (two million nine hundred seventy-seven thousand six hundred eighty-five dollars) for the 47± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. Krupski Development Rights Easement April 23, 2019 page 2 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I do have a notarized affidavit that this hearing has been noticed on the town website and the Town Clerk's bulletin board. And I have a copy of the legal notice as well from the Suffolk Times and that's it. SUPERVISOR RUSSELL: Who would like to address the Town Board? MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted, this hearing is for the town purchase of a 47 acre development rights easement on Oregon Road using community preservation funds. I would like to thank Eugene and Maryann Krupski for giving the town the opportunity to work with them again, to preserve another farm. I was here the summer of 2017 regarding another 25 acre farm that they had where they sold the development rights to the town. So they are actually repeat preservers, which in this case is a good thing. This project preserves 47 acres of productive farmland, the farm contains over 95% prime soils and as you can see on the map in front, the preservation of this farm expands an existing block of preserved farms westward. Although not labeled as such on the map in front, the property to the east is in contract with the town to buy the development rights. All the other properties on the, further to the east and on the south side labeled in white are preserved either by the town or the county preservation program. Within a mile radius of this farm, there are over 600 acres of preserved farmland. The Krupski farm is well above the average farming size in Southold Town, since the start of the town's farmland preservation program in the 1980's the town program alone without county acquisitions has preserved about 130 projects totaling over 2,700 acres. Of these 130 farms, only 10 involve preservation of over 40 acres. So preservation of the Krupski farm is within the top 10 regard to size of acreage. The Land Preservation Committee supports this project, I support this project and we all recommend that the town proceeds with acquiring the development rights on this property. Thank you. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? ALBERT KRUPSKI: Albert Krupski, Cutchogue. I am distantly related to the landowners here, unfortunately not financially in any way, let's just make that clear for the record. I just want to offer-my support for this project. I did not come here this evening for this, however, you can see from the map the commitment the county has made and the town has made in preserving this really important Oregon Road farm belt and I just really want to thank Supervisor- Russell and the Southold Town Board and Melissa Spiro and the Land Preservation Committee for their continued efforts here and to urge you to support this. SUPERVISOR RUSSELL: Who else would like to address the Town Board on this particular local law? (No response) Krupski Development Rights Easement April 23, 2019 page 3 This hearing was adjourned at 5:06 PM, to be left open for two weeks to accept written comments. Elizabeth A. Neville Southold Town Clerk Hearing reopened on May 7, 2019 at 7:02 PM TOWN ATTORNEY DUFFY: Chris Baiz is here, he is going to speak to it. SUPERVISOR RUSSELL: You want to speak to the issue, Chris? CHRIS BAIZ: Good evening, Chris Baiz, Southold and member of the Agricultural Advisory Committee. At our last Ag Advisory meeting we took a sense of the committee and we are in favor of the Krupski Development Rights Acquisition. We did express some need to update the easement language for the future to make sure that agriculture in its truest sense can continue to grow and survive in the Town of Southold. But the committee was in support of the resolution. Thank y ou. SUPERVISOR RUSSELL: Anybody else? (No response) This hearing was closed at 7:03 PM S E Q R A P U R C H A S E R E S L U T I N RESOLUTION 2019-395 ADOPTED DOC ID: 15087 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-395 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 7,2019: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property purportedly owned by Eugene P. Krupski and Maryann Krupski on the 23rd day of April, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-100.-2-3.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation(A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from-the intersection of Soundview Avenue and Saltaire Way in Mattituck, New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS,the easement will be acquired using Community Preservation Funds. The purchase price is $63,355.00 (sixty-three thousand three hundred fifty-five dollars) per buildable acre, estimated at $2,977,685.00 (two million nine hundred seventy-seven thousand six hundred eighty-five dollars) for the 47± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Resolution 2019-395 Board Meeting of May 7, 2019 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Eugene P. Krupski and Maryann Krupski, identified as part of SCTM #1000-100.-2-3.2. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Evans, Russell ABSENT: Robert Ghosio Updated: 4/23/2019 3:33 PM by Lynda Rudder Page 2 OFFICE LOCATION: �O�*oF SU�l'SOl MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) C#* Southold, NY 11971 �p� Telephone: 631 765-1938 Fax: 631 765-3136 OO,UNT`I,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD REMOVED- MEMORANDUM APR 2 3 2019 To: Town of Southold Town Board �\� LAND PRESERVATION DEPT From: Mark Terry, AICP Town of Southold LWRP Coordinator Date: April 23, 2019 Re: Proposed Purchase of a Development Rights on a property owned by Eugene P. Krupski - and Maryann Krupski. SCTM#1000-100.-2-3.2 The Town of Southold proposes to the purchase of a development rights easement on a part of the property consisting of approximately 47± acres (subject to survey) of the 56± acre parcel owned by Eugene P. Krupski and Maryann Krupski. Said property is identified as part of SCTM#1000-100.- 2-3.2. The address is 2230 Soundview Avenue in Mattituck. The property is located in the Agricultural-Conservation(A-C) Zoning District and is situated on the southerly side of Soundview Avenue approximately 1400 feet easterly from the intersection of Soundview Avenue and Saltaire Way in Mattituck;New York. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at(63 1) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney - ' Melissa Spiro, Land Preservation Coordinator OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex ��0� SO!/T�,o P.O. Box 1179 54375 State Route 25 O l0 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold NY Telephone: 631 765-1938 G Q www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECOVED To: Town of Southold Town Board APR 2 3 2019 From: Mark Terry, AICP r LAND PRESERVATION DEPT Assistant Town Planning Director Town of Southold Date: April 23, 2019 Re: Proposed Purchase of a Development Rights Easement on a property owned by Eugene P. Krunski and Maryann Krunski. SCTM#1000-35.-2-1 and part of SCTM#1000-35.-2-11 Location: Northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The Town of Southold proposes to purchase a Conservation Easement on the combined 93.14± total acres referenced as the Premises. The Town proposes to purchase the development rights on approximately 86.24± acres, referenced as the Protected Areas. The development rights will be retained on approximately 6.9± acres referenced as the Development Areas. Said properties are identified as part of SCTM #1000-35.-2-1 and part of SCTM #1000-35.-2-11 with addresses 3365 and 5025 NYS Route 25; respectively, in Greenport. The properties are located in the R-80 . Zoning District and situated on the northerly side of NYS Route 25 in the vicinity of the intersection of NYS Route 25 with Maple Lane. The action has been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act(SEQRA). A Short Environmental Assessment Form is attached. Please contact me at(63 1) 765-1938 if you have any questions regarding the above recommendation. Attach: Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part I -Project Information Instructions for Completin14 Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Eugene P.Krupski and Maryann Krupski Name of Action or Project: Town Purchase of a Development Rights Easement* Project Location(describe,and attach a location map): SCTM#1000-100:2-3 2 2230 Soundview Ave,Mattitituck Brief Description of Proposed Action: Town purchase of a development rights easement for agriculture on part of the property consisting of approximately 47+/-acres of the 56+/-acre parcel i Name of Applicant or Sponsor: Telephone:P (631)765-1800 Southold Town Board E-Mail: Address: Southold Town Hall City/PO: State: Zip Code: Southold I NY 111971 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that z ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 56+/-acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 56+/-acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5, ❑Urban ® Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest m Agriculture ❑ Aquatic ❑ Other(Specify): �) ❑Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑✓ ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑ ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑✓ ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑✓ ❑ b. Are public transportation services available at or near the site of the proposed action? ❑✓ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed E]action? 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ❑✓ F1 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Not applicable F7 ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑✓ ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓ ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ool NO" Page 2 of 3 14 Identify the typical habitat types that occur on,or are likely to be found on the project site Check all that apply: ❑Shoreline ❑ Forest ©Agricultural/grasslands ❑ Early mid-successional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats, listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, 0 ❑ a. Will storm water discharges flow to adjacent properties? Z ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? I V71 ❑ If Yes,briefly describe: : gm rt t 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? ' If Yes,describe: ❑ ❑ ' 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: Z ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Melissa Spiro Date:4/9/2019 Signature: Title:Land Preservation Coordinator PRINT FORM Pane 3 of 3 C L O S I N G S T A T E M E N T CLOSING STATEMENT EUGENE P. KRUPSKI & MARYANN KRUPSKI to TOWN OF SOUTHOLD part of SCTM #1000-100.-2-3.2 Total Development Rights Easement—48.0 acres Total Parcel Acreage — 56.0 acres Excluded Area (north) — 6.1 acres Excluded Area (south) — 1.9 acres Premises: 2230 Soundview Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 1:00 p.m., Southold Town Hall Annex Purchase Price of $3,041,040.00 (based upon 48.0 buildable acres @ $63,355 per buildable acre) disbursed as follows: Payable to Eugene P. & Maryann Krupski $ 2,650,233.97 (7/25/2019) Payable to Select Portfolio Servicing, Inc. $ 390,806.03 Wire transfer (7/25/2019) $ 3,041,040.00 Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Corp $ 2,400.00 (9/11/2018) Survey Payable to TruePointSurvey, Inc $ 8,000.00 (7/16/2019) Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,100.00 (6/4/2019) Title Report #7152622 Payable to Stewart Title Insurance Company $ 12,352.00 (7/16/2019) Title insurance policy $ 11,387 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 (7/16/2019) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Eugene Krupski Seller Maryann Krupski Seller Patricia C. Moore, Esq. Attorney for Sellers Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant Fax Server 7/22/2019 11 :27 : 14 AM PAGE 3/006 Fax Server .s I l;FIVICl �>�blzc. PAYOFF,�eYATf ME)N l' DafL-:July!qj 2019 Ac6ptjnt j.4.gmber: 0022A9i�1:� 'Requested-By: Paymenf DLte Dale Auggst 0,019 T41S Staterngnt expiresjon; {6311-165-4643 RgUt:18,20 t CU5T0#VlE�2 'GLtstu ger`Nacne'ib t);If} i<4ress: itUGENE,P,KRUPSKt 2230•SOUNbVIEW AVGNUE MATTIYUGK,NY 1-1952 THq FOLLOWING AtOOUNTS.ARE S4 BJECT TO FINAL VERIFICAT) ON BASEL9 0t1 THE-'['EOEIPT OF FUNDS mr-mizATION Un{)eid'Prir3�;:pal Baiattte' $ 387,�`28.'id Interest•Galculated to August 188 2010 2,333,86 Late Ctlarges-OutstwidfniT $ ,20:117 Loan Leyel Advance.861ance 23.00 ----------------------•-------------------------------------------------- ......-•-•----------------------•-----------------------...----................--...--------------•--•-------- Total Amounts Dire Under youe Note and,Mortgage $ 390,606.03 --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- ------•---------- ---------- Per Diene(Dally interest) ......+.«.....a.w..ww..........a...w.w.......wa.�.w...�.�w...�...ANN'ETA.i✓..r...M.w++.W�•.Mle�k.!.."....... w...... .....!•....�.».,...w....-+,+...+....... ................................................................................................................................................................................................................:........... TOTAL AMOUNT DUE' $ �90,8t56.Q3 REMOV D JUL 2 3 2019 LAND PRESERVATION DEPT Town of Southold Lawrence Indimine Consulting Corp. Invoice 18 Bailey Lane Manorville,NY 11949 Date Invoice# (631) 979-2735 8/31/2018 953 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of Krupski 2,400.00 Located 2230 Soundview Avenue,Mattituck,NY SCTM#1000-100.-2-3.2 File#18061 F LO'l SEP - 4 2018 DER of Laraa CIP f hank you for your business. Total $2,400.00 TruePointSurveyjnc 409 Lake Avenue St.James, NY 11780 InvoiCo"we tel:631.672.8568 fx: 631.716.7780 Bill To: Invoice No.: 987 Land Preservation Dept Town Hall Annex 54375 Route 25 P.O.Box 1179 Southold,NY 11971 Date Job# 07.3.19 019.05-04 Quantity Item Description Unit Price Total 5 Title Survey 2230 Soundview Avenue,Mattituck $8,000.00 $8,000.00 Subtotal: $8,000.00 Tax: N/A Shipping: N/A Miscellaneous: N/A Balance Due: $8,000.00 CTashin Technical Seirv►icess Ina, , 1200 Veterans Memorial Hwy . Hauppauge . NY. 11788 631.348.7600 phone / 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 May 17, 2019 Southold, NY 11971-0959 Project No: 19CTS.003 Invoice No: 519001C Phase I Environmental Site Assessment for propety located at 2230 Soundview Avenue, Mattituck SCTM#part of 1000-100.-2-3.2 Professional Services from May 10 2019 to May 17 2019 Fee 1,100.00 Total,this Invoice $1,100.00 G�CCC��bL�D MAY 2 1 2pf9 LAND PRESERVATION DEPT Town of Southold sotewarttl7t 1 6 Title No.1 7152622 Realpartnem Reel posstbifftles:m Invoice No. 715262201 Invoice Date 07/23/2019 12 46 PM CLOSING / ' / Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Datefrime 7/25/2019 1.00 PM Lender N/A Closing Location Lender Attorney N/A Southold Town-Dept.of Land Preservation-54395 Route 25, Seller Attorney Patricia C Moore,Esq Southold,NY 11971 Transaction Type Easement with Insurance Sale Amount $3,041,040.00 Loan Amount $0.00 REFERENCE INFORMATION Property Address 2230 Soundview Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 100 00, Block 02.00,Lot 003.002 Property Type Commercial,Vacant County Suffolk Seller Eugene P. Krupski,Maryann Krupski Buyer/Borrower Town of Southold SERVICES PROVIDED PARJ. `' , REP ' PREMIUM: Fee Insurance(Liability Amount:$3,041,040.00) $11,387.00 $11,387.00 ENDORSEMENTS: SEARCH FEES: RECORDING FEES: x*x Recording Fees $395 00 $39500 1 UCC Termination(County)$90.00 1 Sat of Mortgage 2 s $305.00 SUFFOLK COUNTY-MORTGAGE VERIFICATION FEE- $400.00 $40000 $200 00 per document Recording Fees $965.00 $965 00 Easement Agreement NN/TP-584(23 p,-s)$420 00 Certified copy of Easement$150 00 C&R w/TP-584(7 p'-s)$325 00 Certified copy of C&R$70 00 TAXES:(TRANSFER/MANSION/i,IORTGAGE) Peconic Bay Regional Town Transfer Tax($59.320 80) EXEMPT See Exemption claimed on transfer form) NYS Transfer Tax(usually paid by seller)($12.166 00) EXEMPT(See Exemption claimed on transter 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 i i stewafttitin Invoice No.715262201 Realpartnem neat possibilitles.Tm ADDITIONAL: Additional Fee($200.00) ** Title Closer Services NOTE:Please pay directly to closer. SUBTOTAL: $13,147.00 $124352.00 $795.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $13,147.00 $12,352.00 $795.00 $0.00 Taxable at 8.625%. x*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 to 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 tee of$200 00 will be invoiced when the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our website*www stewart com/nvmetro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains,New York 10604,Attn Accounting R E C O R D E D E A S E M E N T • ,ter, rP en,.}• ��",� I Ilillll IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 IIT VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 09/11/2019 Number of Pages : 28 At: 01 : 46 : 34 PM Receipt Number : 19-0171049 TRANSFER TAX NUMBER: 19-04693 LIBER: D00013028 PAGE : 124 District: Section: Block: Lot: 1000 100 . 00 02 . 00 003 . 005 EXAMINED AND CHARGED AS FOLLOWS Jeed Amount: $3, 041,040 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $140 . 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 $18 .20 NO RPT $200 .00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $403 .20 TRANSFER TAX NUMBER: 19-04693 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County FiT21 umber of pages62Z REG�JF'G G 2019 Sep 11 01:4 .34 R-1 ,IIIGITH N. PASC ILE This document will be public CLEFT' OF record. Please remove all SUFFOLF COLUT•r Social Security )Numbers L Dnor_a702'81F' 124 prior to recording. GT# 14-0469-, Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt_ 1. B asic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. EA-52 17(County) or Sub Total (� Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. � �cQliy Dual Town Dual County_ �COb 4. L�, Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit ` Mansion Tax Certified`�opy �� P0 @� The property covered by this mortgage is or will be improved by a one or two �izcharge 15. 00Sub Total } p? family dwelling only. Other YES or NO Grand Total If NO,see appropriate tax clause on ' page# of this instru ent. 4 sty 19029315 1000 10000 0200 003005 5 1 Community Preservation Fund RealAgenP 11 SEP 1 I I�I 11111 IN 1111111111 Consideration Amount$3 Tax Sery R �,.pp A CPF Tax Due $ Verificat Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land o.j +)-o L o ):5CMAr E�7 , o TD "Irn C> 1 r E s E Y-9 7— TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.goWclerk Title# 1 s 8 Suffolk County Recording & Endorsement Page (f—? � - n I:)c\'e—E-)oPry. £-- This page forms part of the attached T�' ) !3 A J-s E--)s-M C - made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �13 In the VILLAGE or HAMLET of BOXES-6 T_HRU 8 MUST BE TYPED 072 PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING 12-0104 mmekk (over) l GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 25th day of July 2019 at Southold, New York. The parties are EUGENE P. KRUPSKI and MARYANN KRUPSKI, 2230 Soundview Avenue, 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, known as 2230 Soundview Avenue, Mattituck, identified as part of SCTM #1000-100-2-3.2, 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 True Point Survey, Inc., dated June 11, 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 Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS the Property p y is currently used for sod production; 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, the Property in its present.scenic and agricultural condition___ has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial 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 THREE MILLION FORTY-ONE THOUSAND FORTY DOLLARS AND 00/100 ($3,041,040.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The 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 2 liens except as set forth in Stewart Title Insurance Company's Title Report #7152622, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under X64 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 3 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 True Point Survey, Inc., dated June 11, 2019, and a Phase I Environmental Site Assessment by Cashin Technical Services, Inc. dated May 17, 2019. 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 4 to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in agricultural production, including land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. 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 THREE MILLION FORTY-ONE THOUSAND FORTY DOLLARS AND 00/100 ($3,041,040.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except after review by the Southold Town Land Preservation Committee ("Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with 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. 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 7 service structures approved pursuant to §4.07 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, 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. 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 8 l agrochemicals such as fertilizers, p esticides, 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 d 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 s 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 4.07, and the parties agree that any other such development I 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. 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 9 .m 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)(x)-(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 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. 10 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 4.07 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 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 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 4.07 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. Notwithstanding anything to the contrary in this Section 4.06 or this Easement, Grantor shall be required to keep the swale area shown on the Survey continually vegetated in order to mitigate stormwater runoff. Any agricultural use within the area where the swale is located shall be conducted in a manner consistent with a Conservation Plan prepared by the Suffolk County Soil & Water Conservation District, and such Plan shall be in accordance with Chapter 236 (Stormwater Management) and approved by the Town Board or the Town Stormwater Management Officer. 11 4.07 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 4.07, 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 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. 12 4.08 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.07 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. 4.09 Alienabilitv 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. 4.10 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. 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. 13 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. 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 14 *PSI g n limitation, fire, flood, storm, earth movement, wind, weather or from any _ i prudent action taken by the Grantor under emergency conditions to prevent, j 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, (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 15 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 i 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. 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, i 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 16 any penalties, but the value of the Property shall reflect the limitations__of v, 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. 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 17 .property rights or interests which were acquired by the Town prior to__a_ ny such amendment. i 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. 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 18 TV Easement as intended b the he parties. The parties intend that this Easemen 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. 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 Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: f - V-4-4jo UGENE P. KRUPSKI, Seller MARYA N KRUPSKI, eller 19 ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee tia 1 BY: Scott A. Russell, Supervisor 20 Rr "-` STA TE OF NEW YORK) COUNTY OF SUFFOLK), SS.' 9 T vi t`r On the Z�5 day of ,j ) in the year 2019 before me, the undersigned, personally appeared EUGENE P. KRUPSKI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the Individual acted, executed the instrument, n Signatur%ffice of individual taking acknowledgement MARY KOLAKOWSKI STA TE OF NEW YORK) NOTARY PUBLIC-STATE OF NEW YORK COUNTY OF SUFFOLK), SS: 1No.01K04870006 Qualified in Suffolk County r My Commission Expires 09-02-2022 § On the z day of in the year 2019 before me, the undersigned, personally appeared MARYANN K UPSKI, 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. Signatur%fce of individual Lakin)-acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK STATE OF NEW YORK ) No 01K04870006 COUNTY OF SUFFOLK ) SS," Qualified in Suffolk County My Commission Expires 09-02-2022 On this.2 day of 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 instrument. Signatur%ice of indivi taking acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No 01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 21 - 7 titles ��"yy�4Fr�t��a.rt Title Number: 7152622 SCHEDULE A—DESCRIPTION REVISED 7/18/2019 OVERALL DESCRIPTION: (NOT TO BE INSURED) • .an R, ` 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, at Mattituck, and being more particularly bounded and described as follows_ BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00,- North 71.00;North 73 degrees 26 minutes-15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 503.13 feet; THENCE along lands now or formerly of Krupski the following two (2) distances and courses: North 22 degrees 05 minutes 25 seconds West 345.71 feet; South 64 degrees 09 minutes 15 seconds West 175.60 feet; THENCE along land now or formerly of Mattituck Partners LP, the following two (2) distances and courses: North 20 degrees 33 minutes 15 seconds West 3355.11, deed (3353.24 feet actual); and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue 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 1 of 5) - ,l:Qs V�► t ti io Title Number: 7152622 6.1 ACRE EXCLUDED PARCEL: (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, at Mattituck, and being more particularly bounded and described as follows: ' BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the are of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees I2 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet-, THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet to land now or formerly of Mattituck Partners LP; THENCE along land now or formerly of Mattituck Partners LP, North 20 degrees 33 minutes 15 seconds West 276.61 feet; and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue 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 2 of 5) - stewStewart t1tid Policy Number: 0-8911-000864675 art 1 _Date of Policy:_July 25, 2019- File 019_File Number: 7152622 1.9 ACRE EXCLUDED PARCEL (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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 258.90 feet to the point of beginning; THENCE still along the northerly side of Oregon Road, South 59 degrees 36 minutes 04 seconds West, 244.23 feet; North 22 degrees 05 minutes 25 seconds West 345.71 feet; North 64 degrees 09 minutes 15 seconds East 242.18 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326.28 feet to the northerly side of Oregon Road and the point or place of BEGINNING. Schedule A Description (Page 3 of 5) - Stewart titio Title Number: 7152622 DEVELOPMENT RIGHTS EASEMENT 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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet-, THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet to the point of beginning; THENCE RUNNING South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet; - THENCE South 20 degrees 33 minutes 15 seconds East 3,076.63 feet; THENCE South 64 degrees 09 minutes 15 seconds West, 417.78 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326.28 feet to the northerly side of Oregon Road; FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. Schedule A Description(Page 4 of 5) - stewart ti lio Title Number: 7152622 THENCE North 59 degrees 36 minutes 04 seconds East, 258.90 feet to lands now or formerly of Robinson; THENCE along said land, North 20 degrees 58 minutes 06 seconds West, 3,245.65 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 5 of 5) - V» SDUNDVIEW AVENUE (50'ROw) 35234 S20.50 05-%z'15* me ma /-17100' N73-26.15-E mKt s u ms -- 322.00' o N21°05'25'W �o eaD ute.tll ¢t �' I I 3 9989' Awa =� Y I wI Ens mw '^-•�— DFD`�♦ I " I oDmv.m I :v i L_ ir jr I �`®liwi ¢ I J r I SefN "—t SNR 3 a Q ?I GrfbYJi J#Je a 1,`n h`OtuR F t7 i, uIIrsromlS �,14SYSfYJY ]ea.ss nl• I 1ws3vr a¢Ss I ! I I Q — W fn h M I 1 I I I I I P°aalorea¢GmeeJ I .WG•E�1m0 S4 R 4P NO KAS I I Wr ,v I „ru �xlDwn I urt I I I I I I I I I I I I I I I I I I I I I I I I I I I I Ia N u. I4 8 I 0 o I m I I � 1 Z I m I I 1 I 1 I I I I I I I I I I I _ ZvIJi JO.L (S I MlFtl01 l� Y --- I S64°09'I5'W � e'r<�t>! '\�' I __--�;, 175 60' I mma r IY I gTyY 4p-e(4YIIJ! FL.•MA!•41[ 1011! m N22°05'25'W vJ)vr 414 mxwv am —� nn °'m�j 1 i o2 345 71' `q w — 9(n U i 50313' ROAo Z 559°3b'04'W pREGaN m (Vna.aovm NT 1.[31 I O15T 1000 SECT 10° cK T OOT]z CO�AI"Tv NINGtF]]365 50UARE FEET OR 56 D PORES lutJii" °u TITLE SURVEY 2JJ0 50UNOVIEW AVENUE TOwN Of sOUTNOLO ` °r +�'°-"°�"•"� nlwurm.exa•uc,cwrun m�•u mtvo d - COUNTY OF SUF STATE Of NEW YORKK 11952 xtw ra•uc xa!leti m¢, U I�• _ _ 3cut.r-l50 C V E N A N T S R E S T R I C T I O N S I I I I II I I I I II VI I I I I I I I II II I VII I VIII I I I II VII I III I II I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/11/2019 Number of Pages : 10 At: 01 : 46: 34 PM Receipt Number : 19-0171049 LIBER: D00013028 PAGE : 125 District: Section: Block: Lot: 1000 100 .00 02 . 00 003 . 005 EXAMINED AND CHARGED AS FOLLOWS teceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $50 . 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 $6 . 50 NO RPT $200 . 00 NO Fees Paid $296 .50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County O21 0 /umber of pages l RECi RDE1, 2019 'Seo 11 01:46:?4 FN 7UMTH G. FH'STALE This document will be public CLEFS; (F record. Please remove all UFFOLF: COUNTY Social Security Numbers L D00013028 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp- Recording/Filing Stamps 3 FEES Page/Filing Fee i Mortgage Amt 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Asstt. or EA-52 17(County) Sub Total D Spec./Add. _ EA-5217(State) TOT.MTG.TAX R.P.T.S.A. � �CcrDQD�y Dual Town Dual County- 19 Held for Appointment Comm.of Ed. 5. 00 1 ® Transfer Tax Mansion Tax The property covered by this mortgage is <C,rtified Cop or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only. — -�'�Q Other YES or NO r� S Grand Total If NO,see appropriate tax clause on page# of this Instrument. 10 4 Dist. 3950473 1000 10000 0200 003005 5 Community Preservation Fund Real Prop( PTS II��IIIIII �A��IIIII' Consideration Amount$ Tax Sery R LPA A Agenc; 11 SEP-19 CPF Tax Due $ Verificati 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD &RETURN TO: Vacant Land TD Pr-n 1J y 39 -E FE a TD CTD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Infolrmation 310 Center Drive, Riverhead, NY 11901 Co Name www.suffolkcountyny.gov/clerk Title# as 8 suffoltkcounty Recordimy & Endorsement Pnye This page forms part of the attached E-5 7 I-, o s made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated In SUFFOLK COUNTY,NEW YORK. TO In the TOWN of W ti `fl 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 101081k (neer' DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 251' day of July, 2019,by EUGENE P. KRUPSKI and MARYANN KRUPSKI, with an address at 2230 Soundview Avenue,Mattituck, New York 11952, hereinafter collectively referred to as the "DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 2230 Sound Avenue in Mattituck, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-100-2-3.2 (the "Property") and shown on a survey prepared by True Point Survey, Inc., dated June 11, 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 Schedule "A" (Overall Description) and made a part hereof, and WHEREAS,the Survey shows a"Development Rights Easement"area of 48.00 acres and an `Excluded Area" of 6.1 acres at the northern end of the Property and a`Excluded Area" of 1_9 acres on the South side of the Property, both described in the metes and bounds descriptions attached as Schedule A-1 and A-2 (Development Rights Easement and Excluded Area descriptions); and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement for part of the Property; and 1 ��;nS WHEREAS,the Properly contains two separate Excluded Areas; an/d WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the"Town Board")has deemed it in the best interest of the Town of Southold (the "Town") and the DECLARANT and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office against the Property; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed do hereby make known, admit,publish, covenant and agree that the Property shall hereinafter be subject to the Covenants and Restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT may make an application for subdivision or separation of, or for any other relief from the Town of Southold that would allow the subdivision of both of the Excluded Areas from the Easement Area of the Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet of such Excluded Area not being separated from the Easement Area. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances,regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of 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 the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. " P lAt',A . By: bidgene P. Krupski By: Maryann Krupski STATE OF NEW YORK) -- - ) ss.. COUNTY OF SUFFOLK) On the day of 2019, before me,the undersigned,personally appeared EUGENE P. KRUPSKI,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such app arance bef re the undersigned. NotarylPublic MARY KOLAKOWSKI STATE OF NEW YORK NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 ) ss.: Qualified in Suffolk County COUNTY OF SUFFOLK) My Commission Expires 09-02-2022 On the z: day of J), 2019, before me,the undersigned, personally appeared MARYANN KRUPSKI, 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 ap earance be ore the undersigned. Notary Public MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 stewar L i to Title Number: 7152622 SCHEDULE A—DESCRIPTION REVISED 7/18/2019 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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the are of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes'15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 503.13 feet; THENCE along lands now or formerly of Kxupski the following two (2) distances and courses: North 22 degrees 05 minutes 25 seconds West 345.71 feet; South 64 degrees 09 minutes 15 seconds West 175.60 feet; THENCE along land now or formerly of Mattituck Partners LP, the following two (2) distances and courses: North 20 degrees 33 minutes 15 seconds West 3355.11, deed (3353.24 feet actual); and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue 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 1 of 5) - 4 - ( stewa,rt titlO Title Number: 7152622 DEVELOPMENT RIGHTS EASEMENT 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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet to the point of beginning; THENCE RUNNING South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet; THENCE South 20 degrees 33 minutes 15 seconds East 3,076.63 feet,- THENCE eet;THENCE South 64 degrees 09 minutes 15 seconds West, 417.78 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326.28 feet to the northerly side of Oregon Road; FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page 4 of 5) - stewart titl ei Title Number: 7152622 THENCE North 59 degrees 36 minutes 04 seconds East, 258.90 feet to lands now or formerly of Robinson; THENCE along said land, North 20 degrees 58 minutes 06 seconds West, 3,245.65 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 5 of 5) - A - 2- stewart title Title Number: 7152622 6.1 ACRE EXCLUDED PARCEL: (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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet to land now or formerly of Mattituck Partners LPI- THENCE P;THENCE along land now or formerly of Mattituck Partners LP, North 20 degrees 33 minutes 15 seconds West 276.61 feet; and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue 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 2 of 5) - stewti}1d Policy Number: 0-8911-000864675 ��77`` tit D"atb of Poli-cy: July"25, 2019 File Number: 7152622 1.9 ACRE EXCLUDED PARCEL (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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the are of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 258"90 feet to the point of beginning; THENCE still along the northerly side of Oregon Road, South 59 degrees 36 minutes 04 seconds West, 244.23 feet; North 22 degrees 05 minutes 25 seconds West 345"71 feet; North 64 degrees 09 minutes 15 seconds East 242.18 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326"28 feet to the northerly side of Oregon Road and the point or place of BEGINNING. - Schedule A Description (Page 3 of 5) - 5 u f J e.'C SOUNDVIEW AVENUE (50'ROM }5236' S20°50'45'E N50°52.1`s — 171 00' N73°26'I5'E mr2 -- 322 00' All i. "---"----1 r N21°05'25'W 4M—rt 11 ¢ 99 89, Q I �cr},mvrt I 1 I N 8 co II 3; BOG Pt co �I M�R'� ao'g alrpbrlrr mom„ .nl I ..MUT I 1 Eil r I w,r I I a I S a t I h a: I n I I I I I I I alnw.�Bwa amm I aYG.2QTTffi ID 2 q ua..ro6 I I .r ar 1 .Or u e x�wxa I 1 I 1 rao� I I I I I I i I . a• I 1 I I ' vaUe 1 I I I I 1 1 I I I I, o I o 1 Z I u] I I I I I I I I 1 I I I I I I 1 I - `=LLT—Z RLg I .vvar I r sen 5 S64°09'15'W ---_ '---- 175 60' .ma u:w rt 1'T'a ui n _ q�lr m N22°05'25'W �1 alt suvo'r:vases - �Sn 1 iwo o D 345 71. c szrvur}. >_ —_ I ;i N 50313 ROAD Z S59°36'OL'W D NAa F10" m T 1000 SECT 100 OIOCn}COTS I 9.z— DIE,IAIIE �`��.� e OMurnvG}c]e les cnE FEET O°]e 0>CaES (/n 10vmuOF SIXIB D ^��h.I ...a.�, .......�.°.I r.�.....tw.... ...,.o.d.°..,v... mss mur+rNor zurrn. afsr[Or Ew TOAK X95} T I T L E P O L I C Y ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY Stewart titieo 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, (it) 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 ' (w) 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: John Frates Q' 1987 President and General Counsel Craig Gol en erg Division 13A ent IDenise Cdrraux I -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 File No: 7152622 COVERED RISKS(Continued) 9 Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part, or from a court order (u) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 10 Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors'rights laws,or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees, and expenses incurred in insolvency,or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed that arise by reason of in writing to the Company by the Insured Claimant 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 (u) the character, dimensions, or location of any improvement 10),or erected on the Land, (e) resulting in loss or damage that would not have been sustained if the (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 (u) With regard to(A), (B), (C),and(D)reserving, however, all (a) "Amount of Insurance" The amount stated in Schedule A,as may rights and defenses as to any successor that the Company be increased or decreased by endorsement to this policy, would have had against any predecessor Insured increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant" An Insured claiming loss or damage these Conditions (f) "Knowledge" or "Known" Actual knowledge, not constructive (b) "Date of Policy" The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason Schedule A of the Public Records or any other records that impart constructive (c) "Entity" A corporation,partnership,trust,limited liability company, notice of matters affecting the Title or other similar legal entity (g) "Land" The land described in Schedule A, and affixed (d) "Insured" The Insured named In Schedule A improvements that by law constitute real property The term (i) The term"Insured"also includes "Land"does not include any property beyond the lines of the area (A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, Interest, estate, or law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways, devisees, survivors, personal representatives, or next or waterways, but this does not modify or limit the extent that a of kin, right of access to and from the Land is insured by this policy (B) successors to an Insured by dissolution, merger, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security consolidation,distribution,or reorganization, instrument, Including one evidenced by electronic means (C) successors to an Insured by its conversion to another authorized by law kind of Entity, (i) "Public Records" Records established under state statutes at (D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and (1) if the stock, shares,memberships, or other equity without Knowledge With respect to Covered Risk 5(d), "Public interests of the grantee are wholly-owned by the Records'shall also Include environmental protection liens filed in named Insured, the records of the clerk of the United States District Court for the (2) if the grantee wholly owns the named Insured, district where the Land is located (3) If the grantee is wholly-owned by an affiliated Entity U) "Title" The estate or interest described in Schedule A of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title" Title affected by an alleged or apparent the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the person or Entity,or Title or lender on the Title to be released from the obligation to (4) if the grantee Is a trustee or beneficiary of a trust purchase,lease,or lend if there Is a contractual condition requiring created by a written instrument established by the the delivery of marketable title Insured named in Schedule A for estate planning Serial-No.: 0-8911-000864675 File No. 7152622 CONDITIONS(Continued) 2. CONTINUATION OF INSURANCE Company all reasonable aid (Q in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses, prosecuting or defending the action or proceeding, or in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (u) in any other lawful act that in the or interest in the Land, or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as insured If the Company as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required or conveyance of the Title This policy shall not continue in force in cooperation,the Company's obligations to the Insured under the favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to in the Land,or(u)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation, with regard to the given to the Insured matter or matters requiring such cooperation (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(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(m)if the Title,as insured,is rejected as Unmarketable Title If mails,disks,tapes, and videos whether bearing a date before or the Company is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage provide prompt notice, the Company's liability to the Insured Claimant Further, if requested by any authorized representative of the under the policy shall be reduced to the extent of the prejudice Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to 4. PROOF OF LOSS examine,inspect,and copy all of these records in the custody or In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of damage All information designated as confidential by the Insured payment that the Insured Claimant furnish a signed proof of loss The Claimant provided to the Company pursuant to this Section shall proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the damage and shall state,to the extent possible,the basis of calculating claim Failure of the Insured Claimant to submit for examination the amount of the loss or damage under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information 5. DEFENSE AND PROSECUTION OF ACTIONS from third parties as required in this subsection,unless prohibited (a) Upon written request by the Insured, and subject to the options by law or governmental regulation,shall terminate any liability of contained in Section 7 of these Conditions, the Company, at its the Company under this policy as to that claim own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a claim covered by this policy adverse to the Insured This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy The Company shall have following additional options the right to select counsel of its choice(subject to the right of the (a) To Pay or Tender Payment of the Amount of Insurance To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action It shall not be liable for and 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 (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)(i)or(u),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 . ..�-_ __._ _.. _ -Seria-l-No.:,0-89-11-000864675 File No.: 7152622 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 endorsem ents,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 pnor 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 m 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 42"d Street,Suite 1260,New York.NY 10165 recover until after the Insured Claimant shall have recovered its loss __ -0-8911-000864675 - File No-7152622 Ste A aft titin Policy Number: 0-8911-000864675 `��iiYV 4 Date of Policy: July 25, 2019 File Number: 7152622 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: $3,041,040.00 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 Eugene P. Krupski and Maryann Krupski, his wife 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: 100.00 Block: 02.00 Lot: 003.002 - Schedule A Certification (Page 1 of 1) - stew pY aft titb Policy Number: 0-8911-000864675 V , ` Date of Policy: July 25, 2019 File Number: 7152622 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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 503.13 feet; THENCE along lands now or formerly of Krupski the following two (2) distances and courses: North 22 degrees 05 minutes 25 seconds West 345.71 feet; South 64 degrees 09 minutes 15 seconds West 175.60 feet; THENCE along land now or formerly of Mattituck Partners LP, the following two (2) distances and courses: North 20 degrees 33 minutes 15 seconds West 3355.11, deed (3353.24 feet actual); and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue to the point or place of BEGINNING. Schedule A Description (Page 1 of 5)- step AY titin Policy Number: 0-8911-000864675 V 1• Date of Policy: July 25, 2019 File Number: 7152622 6.1 ACRE EXCLUDED PARCEL: (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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet to land now or formerly of Mattituck Partners LP; THENCE along land now or formerly of Mattituck Partners LP, North 20 degrees 33 minutes 15 seconds West 276.61 feet; and North 21 degrees 05 minutes 25 seconds West 99.89 feet to the southerly side of Sound View Avenue to the point or place of BEGINNING. Schedule A Description (Page 2 of 5)- Stewaft tetlo Policy Number: 0-8911-000864675 `moi Date of Policy: July 25, 2019 File Number: 7152622 1.9 ACRE EXCLUDED PARCEL (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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the are of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 3,619.29 feet to the northerly side of Oregon Road; THENCE RUNNING along the northerly side of Oregon Road South 59 degrees 36 minutes 04 seconds West 258.90 feet to the point of beginning; THENCE still along the northerly side of Oregon Road, South 59 degrees 36 minutes 04 seconds West, 244.23 feet; North 22 degrees 05 minutes 25 seconds West 345.71 feet; North 64 degrees 09 minutes 15 seconds East 242.18 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326.28 feet to the northerly side of Oregon Road and the point or place of BEGINNING. -Schedule A Description (Page 3 of 5) - stewaft title Policy Number: 0-8911-000864675 Date of Policy: July 25, 2019 File Number: 7152622 DEVELOPMENT RIGHTS EASEMENT 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, at Mattituck, and being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound View Avenue distant 1,384.57 feet from the extreme easterly end of the arc of a curve, said curve connecting the southerly side of Sound View Avenue with the easterly side of Saltaire Way; RUNNING THENCE along the southerly side of Sound View Avenue North 50 degrees 12 minutes 15 seconds East 352.34 feet; THENCE along land now or formerly of Gordon and Robinson the following two (2) distances and courses: South 20 degrees 50 minutes 45 seconds East 171.00; North 73 degrees 26 minutes 15 seconds East 322.00 feet; THENCE along land now or formerly of John Robinson South 20 degrees 58 minutes 06 seconds East 373.64 feet to the point of beginning; THENCE RUNNING South 66 degrees 58 minutes 12 seconds West, 299.99 feet; THENCE North 23 degrees 01 minute 48 seconds West, 102.72 feet; THENCE South 66 degrees 58 minutes 12 seconds West, 352.56 feet; THENCE South 20 degrees 33 minutes 15 seconds East 3,076.63 feet; THENCE South 64 degrees 09 minutes 15 seconds West, 417.78 feet; THENCE South 23 degrees 01 minute 48 seconds East, 326.28 feet to the northerly side of Oregon Road; THENCE North 59 degrees 36 minutes 04 seconds East, 258.90 feet to lands now or formerly of Robinson; -Schedule A Description (Page 4 of 5) - Stewart tithe Policy Number: 0-8911-000864675 Date of Policy: July 25, 2019 File Number: 7152622 THENCE along said land, North 20 degrees 58 minutes 06 seconds West, 3,245 65 feet to the point or place of BEGINNING. Schedule A Description (Page 2 of 5) - stewart Policy Number: 0-8911-000864675 `7 ` Date of Policy: July 25, 2019 File Number: 7152622 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. Restrictive Covenants set forth in Declarations recorded in Liber 12459 page 532 and Liber 12459 page 533. 3. As to Development Rialits Easements Parcel: Survey exceptions as shown on survey made by True Point Survey, last dated 6/11/2019 (Job Number 019.05-04): a. Greenhouse tent encroaches up to 31.1 feet south onto premises; b. Subject to the rights of others over an unpaved driveway running along westerly line and through the southerly part of premises; C. Hydrant and irrigation equipment vary along part of westerly line. 4. Terms, conditions, restrictions, and other matters set forth in the Easement Agreement made by and between Town of Southold and Eugene P. Krupski and Maryann Krupski, his wife dated 7/25/2019 to be duly recorded in the Suffolk County,Clerk's/Registers Office. • Schedule B Part I,(Page 1 of 1) - stewStf'wtalo Policy Number: 0-8911-000864675 art 1. Date of Policy: July 25, 2019 File Number: 7152622 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents unposed 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: %NSUggy� John Frates President and General Counsel dx 1987 hor' 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) stewSCeWaft t't'p Policy Number: 0-8911-000864675 aft �+ Date of Policy: July 25, 2019 File Number: 7152622 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: `��1NSUc John Frates oPresident and General Counsel da- 1987 laorii d 6Ma Agent *** Denise rraux Secretary Stewart Title Insurance Company 60 East 42nd St., Suite 1260 New York, New York 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) N Y S A G M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of — acres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. p/o 1000-100-2-3.2 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County -Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF UTHOLD Scott ussell, SuM pervisor aryan Krupski 53095 Route 25 P.O. Box 1179 " r—i�� Southold, NY 11971-0959 gene P. Krup i (631) 765-1889 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 25th day of July, 2019, before me personally appeared SCOTT RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as.Supervisor of the TOWN OF 'SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by, his signature on the instrument, the individual, or the municipal corporation upon behalf of which the'individual acted, executed the instrument and affixe the seal t ereto by like order. Notary ublic MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF N'EW YORK No 01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 25I day of July in the year 2019 before me, the undersigned, personally appeared Maryann Krupski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appe ance befor the undersigned. MARY KOLAKOWSKI Notary NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Ex ires 9 02- 0 2 On the 25th day of July in the year 201 be�ore rid, the undersigned, personally appeared Eugene P. Krupski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such apparance be the undersigned. r _ J Notary PtlUic MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Expires 09-02_2022 2 r,EwrvoRK. J,A STATE OP n%riculture OPPORTUNITY and -Markets ANOREWIM. CUOMO RICHARDA. BALL Governor 'Commissioner October 18, 2019 Melissa Spiro, E�qpartrnibnt,of,Land:PMservaticin Town of-Southold PO 0 Box 1179 Southolld,,NY 111,971-0959 RE,.- Miv-er—Town` of Southold, Suffolk County—Acquisition of an Interest in,Land Dear Ma. Spiro: The Department hasfbvieWied documentation submitted by TheJown of,Southold to waive the�Notice,'Of'lritoni,firing.roquirerrienfs in Section 305(4) offtAgricultum.and Markets Law, in connection with, the acquisition of an interest, in land -within Suffiolk County Agricultural District, No. 1.' The documentation includes, a waiver signed, by Eugene P. Kruoski & Maryann .Krupski, for-approximately 4T-acres of active farmland (Tax.Parcel b No 1,600, 10'0-2=3.002) located in the Town of Mattituck. The above- waiver meets, the-,requirements of Section 305(4)(d) and 1 NYCRR Section V1.8. Therefore, the Notice of Intent filing requirements- in paragraphs (b) and (c) of -subdivision (4) are deemed waived for acquisition of an interest land, on the referenc6d parcel by the Tow"n of Southold. Should the project encompass other parcels of mare ,than one acre- from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions,could still apply to those parcels. You are reminded that, waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of Mattituck its obligation under paragraph `(a) to use all practicable Moans in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to,contact me. Sincerel Kate Tylutki Senior Environmental Analyst cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 19/081-VV Division of Land and Water Resources I 10BAiriine Dr Albany,NY, 122351 518.457-8887 www agriculture ny gov OFFICE LOCATION: MELISSA A. SPIRO \\QF SO Town Hall Annex LAND PRESERVATION COORDINATOR �o� ®�® 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 u3 ,r MAILING ADDRESS: www.southoldtownny.gov 0,0UNT1, P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 17,2019 Kate Tylutki Senior Environmental Analyst Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany,NY 12235 Re: KRUPSKI to TOWN OF SOUTHOLD SCTM#1000-100.-2-3.5 Dear Ms. Tylutki: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A. Russell and Eugene P.&Maryann Krupski at a closing held on July 25,2019 for a development rights easement on farmland identified as part of SCTM#1000-100.-4-3.2 Details regarding this easement are as follows: GRANTORS: Eugene P.Krupski&Maryann Krupski GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/11/2019 LIBER: D00013028 PAGE: Page 124 LOCATION: 2230 Soundview Avenue,Mattituck EASEMENT ACREAGE: 48.0 acres SUFFOLK CO TAX MAP#: fka 1000-100.00-02.00-p/o 003.002 nka 1000-100.00-02.00-003.005 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests,Bureau of Real Property 625 Broadway,5th Floor,Albany,New York 12233-4250 P:(518)402-9442 1 F•(518)402-9028 1 Landsforests9dec.ny gov www dec.ny.gov January 7, 2020 ppin 11181 Melissa Spiro Sr_ Administrative Assistant Land Preservation Coordinator JAN - 7 2020 Town of Southold PO Box 1179 Southold, NY 11971-0959 LAND PRESERVATION DEPT Town of Southold Dear Ms. Spiro: We received the following conservation easements from you on September 17 and 18, 2019: CE: Suffolk 0677 Grantor: MDH, LLC Deed: Liber D00013028 Page 607 Recorded: September 13, 2019 CE: Suffolk 0678 Grantor: Eugene P. and Maryann Krupski Deed: Liber D00013028 Page 124 Recorded: September 11,2019 CE: Suffolk 0679 Grantor: 410 Sound Avenue, LLC Deed: Liber D00013028 Page 130 Recorded: September 11, 2019 The conservation easements cited above have been identified for our indexing and filing purposes. The numbers may be needed for the landowner to claim,a conservation easement tax credit, however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT-242i(excerpt below in italics): Note:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of iRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions,for the year of the donation.Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated orpurvhased: •for no consideration or a nominal amount, or for less than fair market value(FMV),provided, in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations section 1. 170A-13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit_ J NCWYORK Department of t1a1O` Environmental WHMfLH Conservation It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions. When contacting this office about these parcels, please use the assigned conservation easement numbers. Thank you. Sincerely, �f Lynn M. Lindskoog Real Estate Specialist 1 Bureau of Real Property Iml OFFICE LOCATION: MELISSA A. SPIRO �O��OF $Q�Tyolo Town Hall Annex LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@w ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 N G yQ MAILING ADDRESS: www.southoldtownny.gov ��UNT`l,� P.O. Box 1 179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 14, 2020 Eugene P. &Maryann Krupski 2230 Soundview Avenue Mattituck,NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 0678 SCTM#1000-100.-2-3.5 Dear Mr. & Mrs. Krupski: Please be advised that the Town's purchase of a development rights easement on your parcel referenced above has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier CE: Suffolk 0678. You will need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. ery truly yours, Melanie Doroski Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. S PIRO QF so(/P Town Hall Annex LAND PRESERVATION COORDINATOR �� y�lO 54375 State Route 25 melissa.spiro@w ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 cn i- MAILING ADDRESS: www.southoldtownny.g°v ae, PAUNT`I, P.O. Box 1179 � Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail lyan.lindskoog@dec.ny.gov September 17,2019 NYSDEC Bureau of Real Property 625 Broadway, 51 Floor Albany,NY 12233-4256 Attention: Lynn M.Lindskoog,Real Estate Specialist 1 Bureau of Real Property Re: Conservation Easements Registry KRUPSKI to TOWN OF SOUTHOLD Dear Ms.Lindskoog: Attached please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation.Details regarding this easement are as follows: GRANTORS: Eugene P.Krupski&Maryann Krupski GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/11/2019 LIBER: D00013028 PAGE: Page 124 LOCATION: 2230;Soundview Avenue,Mattituck EASEMENT ACREAGE: 48.0 acres SUFFOLK CO TAX MAP#: fka 1000-100.00-02.00-p/o 003.002 nka 1000-100.00-02.00-003.005' Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Eugene P.&Maryann Krupski P R O P E R T Y R E C O R D S EUGENE P. KRUPSKI and MARYANN KRUPSKI to TOWN OF SOUTHOLD part of SCTM #1000-100.-2-3.2 Total Development Rights Easement — 48.0 acres Total Parcel Acreage — 56.0 acres Excluded Area (north) — 6.1 acres Excluded Area (south) — 1.9 acres Premises: 2230 Soundview Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 1:00 p.m., Southold Town Hall Annex Supervisor Scott A. Russell Eugene P. Krupski Maryann Krupski x MELISSA A.SPIRO ®�® �®G OFFICE LOCATION: Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold ny us (comer of Main Rd&Youngs Ave) CZ = Southold,New York Telephone(631)765-5711 ®y Facsimile(631)765-6640 ®� �� MAILING ADDRESS: www.southoldtownny.gov ®,� �� 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: July 29, 2019 Re: KRUPSKI to TOWN OF SOUTHOLD Part of SCTM#1000-100.-2-3.2 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 2230 Sound View Avenue, Mattituck SCTM#: part of 1000-100.-2-3.2 PROPERTY OWNERS: Eugene P. Krupski &Maryann Krupski CONTRACT DATE: May 9, 2019 PURCHASE DATE: Closing took place on July 25, 2019 PURCHASE PRICE: $3,041,040.00 (48 0 acres @$63,355/buildable acre) EASEMENT ACREAGE: 48.0 acres TOTAL PARCEL ACREAGE: 56 acres EXCLUDED AREAS: 6.1 acres in northern section of parcel includes a residential dwelling and several other structures, pond 1.9 acres in southwest corner includes framed barn and shed Covenants& Restrictions were recorded stating that any subdivision of an Excluded Area shall be conditioned upon a minimum development area of 80,000 square feet remaining part of the Easement Area ZONING: Agricultural-Conservation (A-C) Zoning District FUNDING: Community Preservation Fund (2%) A E R I A L S J r - 1000- 1`00.-2-p/0 3.2 2230 SOundvieW Ave y �. iii � y � _=•s. _ � dr` f t — Google Earth' 111 11 . • -x r FT 16 a,+ r Tl �C @"r Y � �4 ��Via.�R,�„ 4i�q� . �� , • as Site: Kruoski Farm, Soundview Avenue, Mattituck, New York Part of SOrM #1000-100-2-3.2 Year.• 2016 t r At r � st yl'•+ 4 tl. .a �^ N T«♦ 1 ,Y y� -w. Site. Krupski Farm, SoundviewAvenue, Mattituck, New York Part ofSOrM #1000-100-2-3.2 Year.• 2010 w i r . « V- ±� 1 b =s Site: Krupski Farm, SoundviewAvenue, Mattituck, New York Part of SCTM #1000-100-2-3.2 Yeas: 2007 . T y' 1s Z Site: Krupski Farm, SoundviewAvenue, Mattituck, New York Part of SOrM #/000-100-2-3.2 Year.• 2001 t * i r: 1f4d, o I F Site: Krupski Farm, SoundviewAvenue, Mattituck, New York Part ofSOrM #1000-100-2-3.2 Year: 1984 �r Ilk, t` cy. .. _ { • Ilk .. .., y Site: Krupski Farm, Soundview Avenue, Mattituck, New York Part of SO M #1000-100-2-3.2 Year, 1962 s u R V E Y #019.05-04 �o vQ• SOUNDVIEW AVENUE (50' ROW) S20050'45"E FENCE , 171 .0 0' o � u N5� FENCE S 21.4 N 7 3 2 6 15 E S 4.5' W 80.8' - 322. 00' FENCE NIF S 4.8� QSP� �-*^� ;� DIST.MOUNT0 N/FGETTINGS E 18.0 /.^ ' lz 3��3� h SECT.94 BLOCK 2 I DIST. 1000 I N/F SHERIDAN � O LOT 1.5 I SECT.94 BLOCK 2 I DIST. 1000 LOT 1.4 SECT.94 BLOCK 2 _._._i ._._. LOT 2 I ._._._._._._.-- . t�'�o = t��i x N,7,r2200' N21°05'25"W ' ss, J I POND AREA=f I x 13,782 SQ. FT. N/F LAVEGLIA }- Q �� OR 0.32 ACRES �� FENCE I DIST. 1000 Q 9 9. 8 9 FRAME+ '_WOOD -� S 42.2' SECT.94 I BLDG BLOCK 2 I E 27.9' CHICKEN '-x-- - -'BLDG J '1�� I LOT 43 COOP ^� Jh' �1 £XCL(ID£0 AREA S 226.2, \ L- - - . - • -1 - � I ( AREA =266,295 50 fT. ' W 94.7 t, Er Ri=1 ! , o/ �S -% �2023' Is' wowlj RS6_6' 812W x JT85,6 LY y Q J J r I N6 'S8 6 '12r .352.56'x.,,, � � FRAME co ! I J GREENHOUSE v- W B 7 2 ! �' o � TENTSWALL J I _ S6658 112 299.991 W 39.1 i N66'58'12 Z- 299.99 I N/F PESSIN J DIST. 1000 BLDG SECT.94 J J E 31.1' I BLOCK 2 I LOT 5 I 1 ^ a I w - . - . - . _ . - . _ . _ . - w Ltd N N U-) t4i 0. Lc) %0 Pr7 r/) N/F KAELIN I DIST. 1000 SECT.94 BLOCK 2 I LOT 43 I I I N/F ROBINSON DIST. 1000 SECT. 100 BLOCK 2 LOT 4 I I OEYELOPM£NT RIGHTS EASEMENT I AREA = 2,090,880 S0. f OR 48.0 ACRES I I N/F IMBRIANO DIST. 1000 SECT.94 N/F MATTITUCK PARTNERS LP I BLOCK 2 DIST. 1000 LOT 43 SECT. 12 HYDRANT BLOCK 2 LOT 2 I 0 ! IRRIGATION J EQUIPMENT J I I i I J I � . _ . - . - . - • - • - • - . - J 1 i J VAULT❑ I ( J i I J I I I J , I N/F 2205 OREGON ROAD LLC DIST. 1000 SECT. 100 JZR, L W I LOT 5.5 n ! J NO J o i ! co I N ! I ° � Z i I `11-, I i J cn i ! I JJ I JJ I i ! IJ . 11 i1 ! I I S64,09,15V - 417.78' - - - _ -c-- I N/F 2205 OREGON ROAD LLC DIST. 1000 REBAR NFRAME 5"E 242�''N(,�, SECT. 100 N53'08'>0 w BLOCK 2 W/CAP SHED '� "��"' FRAME SHED / LOT 5.4 56.81 I N/F KRUPSKI FRAME { REMNANTS �' S64°09' 15"W J DIST. 1000 - N S59-44'10 'W BLOCK 2 _ 500 88' 7 5.b 0' ! LOT 3.1 E,�'CLU0E0 AREA DEPRESSION AS.E I � AREA = 81 198 S0. f S5T5Q'z0"1�� - AREA = 102,854 SQ. FT. ! OR 1.9 ACRES OR 2.4 ACRES - 501.18 m N I� Z� A? �� S60'43'19V - - --- CONC r N 2 2°0 5'2 5' W J , E I z S59'36'04'w 258 90'� -- 473.72 CONC MONUMENT (31 L MONUMENT FOUND O D 345.71' S59'36'04"W 244 3 _ FOUND ' - _ ---•--" ASPN. I O CO LLAND ° 104"1N 50313 oREG°N ROAD z S59 36 (VAR, ROS m 1 5 ':0`" SERVATION DEPTn of Southold F N A L N/F KRUPSKI DIST. 1000 SECT. 100 BLOCK 2 LOT 3.2 CONTAINING 2,438,365 SQUARE FEET OR 56.0 ACRES Y- NOTES: L TITLE SURVEY "ONLY COPIES FROM THE ORIGINAL OF 1. PROPERTY INFORMATION SHOWN IS OF EXISTING t 1 THIS SURVEY MARKED WITH AN ORIGINAL CONDITIONS AS OF 6/7/19. L L0 at OF THE LAND SURVEYOR'S INKED OR �' J. E EMBOSSED SEAL SHALL BE CONSIDERED 2. THIS IS 70 CERTIFY THAT THERE ARE NO r^7 V., 1171 a' 2230 SOUNDVIEW AVENUE TO BE A TRUE VALID COPY""UNAUTHORIZED ALTERATIONS OR ADDITIONS STREAMS OR NATURAL WATERCOURSES IN THE ; IMATTITUCK QTO A LAND SURVEYING DRAWINGCERTIFIED TO: PROPERTY AS SHOWN ON THIS SURVEY. � r� ! •`p:; • , ' 1�C//(' "' �► BEARING A LICENSED PROFESSIONAL LAND 3. THERE ARE NO UNDERGROUND OR OVERHEAD 409 LAKE AVENUE TOWN OF SOUTHOLD � ..1� SURVEYOR'S SEAL IS A VIOLATION OF TOWN OF SOUTHOLD UTILITIES SHOWN ON THIS MAP. SAINT JAMES, NY 1 178❑ COUNTY OF SUFFOLK ARTICLE SECTION 720PARAGRAPH EUGENE P. KRUPSKI and MARYANN KRUPSKI TEL: 631.572.2481 2 OF THEE NEW YORK STATE EDUCATION 4. THE DIMENSIONS SHOWN HEREON ARE FOR A STATE OF NEW YORK 11952 ANDRE K. MILLER LAW" STEWART TITLE INSURANCE COMPANY SPECIFIC PURPOSE AND MAY NOT BE USED TO FX: 631.716.7780 NEW YORK LIC. NO. 50921 GUIDE IN THE ERECTION OF STRUCTURES OR INFDQTRUEPDINTSURVEYINC.CDM FENCES. TITLE #: DATE: 6-11-2019 SCALE: 1"=150' E R I A L M A P Lon Eugene P. Krupski ` 0 Island c • Sound Maryann Krupski .♦ Vs SOI �d4 SOL , �P • ` Town Development Rights Purchase , 0 County L O{ Development Ftp` goo Rights �4 �p ♦♦'' . ,� Town Dever ment Right i • • and 4 % Maryann • ski .tip pr SCTM # 1000 - 1 Town of Development , J • Rights r 41, o cQ Town Town D,evelopment cn Development , ► - :. . .. Rights Rights m Town d Development a Town Righ is b Development Map Prepared . : Town Town of South�o�ld Geographic Information System . Rights, r . April t _ Developrnent MRd E lSuffgh ® lk , Town • . • • • • 1 • County of Suffolk, NY °2 IN County n Developrne t � Development N vL Rights Rl gh is