Loading...
HomeMy WebLinkAboutWalker/McCall, LLC and McCall Family Holdings Limited OFFICE LOCATION: MELISSA A. SPIRO *0 SO(�ry Town Hall Annex LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 vs �� �� www.southoldtownny.gov MAILING ADDRESS: � COUNTY, P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVE® To: Denis Noncarrow Southold Town Clerk 20 From: Melanie Doroski outho0d Town Clerk Land Management Specialist II Date: March 2, 2022 Re: WALKER/McCALL, LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP. LLLP to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-116.-1-10 Premises: 21657 Main Road (NYS Rt 25), Cutchogue, New York Denis: Enclosed for safekeeping in your office, please find the following documents: • Original Grant of Development Rights Easement dated December 9, 2021 between Walker/McCall, LLC and McCall Family Holdings Limited Partnership, LLLP and the Town of Southold, recorded in the Suffolk County Clerk's office on 1/21/2022, in Liber D00013939 at Page 159 • Original Declaration of Covenants and Restrictions dated December 27, 2021, made by Russell C. McCall, Manager, recorded in the Suffolk County Clerk's office on 1/21/2022, in Liber D00013939 at Page 158 • Title insurance policy#7404-011725 issued by Fidelity National Title Insurance Company on December 27, 2021, in the insured amount of$504,634.00 (title no. 7404-011725) • Closing Statement • Closing Memo Thank you. Melanie encs. CSC��aMLD D [E E U F E B 1 4 2022 FEB 15 2022 1111111111 IN IN `, BOARD OF ASSESSORS TO\h�N OF SOUTHOLD LANDTo EnofSout�old E� 111111111111111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 01/21/2022 Number of Pages: 25 At: 10 :36: 02 AM Receipt Number : 22-0009528 TRANSFER TAX NUMBER: 21-20822 LIBER: D00013139 PAGE: 159 District: Section: Block: Lot: 1000 116 . 00 01. 00 010 . 000 EXAMINED AND CHARGED AS FOLLOWS ~ Deed Amount: $504, 63"4 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $5 . 00 NO Notation $0 . 00 NO Cert.Copies $31.25 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $401.25 TRANSFER TAX NUMBER: 21-20822 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 3 s oa -_ Number of pages R` 0RDED 20,22 _rare ,21 1!2:1316:0i AM _T!D1-TH- R. PA _ALE � This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L [''-OOI—_'i ' P 159' prior to recording. T# 21-20822 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES ..Page/Filing Fee a Mortgage Amt. 1.BasicTax Handling 20. 00 2. Additional Tax TP-584 — Sub Total Notation Spec./Assit. or 'EA-5217(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. �� Dual Town Dual County ' Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit + �+ Mansion Tax The property covered by this mortgage is ✓ � Certified Copy �� or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total � YES or NO Other Grand Total b] If NO, see appropriate tax clause on page# " of this instrument. Z 2 N. 4 Dist. 11 4740905 1000- 11600 0100 010000 0 5 Community Preservation Fund Real Property P T S Consideration Amount$ CJ b q� -(— Tax Service R SMI A I IIIIII VIII IOII VIII VIII VIII VIII IIII IIII Agency 14-JAN-22 CPF Tax Due $ Verification Improved. 6 Satisfactions/Discharges/Releases List Property Owners Mailing address RECORD&RETURN TO: Vacant Land TD �w,U ©•� Soca l�-o l� P O mak 11-7 /' . TD 'SOL, �Q� lv 4 119-7(' �/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 7yO _ //?a J s Suffolk County Recording & Endorsement Page This page forms part of the attached �lo�me.tin 1�� 5 hTs F.as.em sA!7— made —-- —�Y—-- — - is-p8clpY"I„PE OF-INSTRUMENT) The premises herein is situated in r, X;", UFFOLK COUNTY,NEW YORK. TOP In the TOWN of �cc� lual r� S"• ral s In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over & 1 f IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE� please be aware of the following: If a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 31n. . Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631) 749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631).360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street. 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 1196.8 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A:Pascale Suffolk County Clerk dw 2/99 12-0164.06M6kd a , 4-a Pte- a 7, GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GJRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of ce,�.b , 2021 at Southold, New York. The parties are WALKER/McCALL, LLC AND. MCCAL'L FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP with offices at 3370 Panthersville Rd, Decatur, GA 30034 (herein called "'Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-116-1-10, more fully described in SCHEDULE ""A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.C., dated October 12, 2021 (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 Agricultural-Conservation Zoning District of the Town of.Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for agriculture; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Southold Town Comprehensive Plan, dated February 2020 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 agricultural economy; and 1 • I y, 1 WHEREAS, the Property in its present condition has substantial and significant value as an 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 agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of FIVE HUNDRED FOUR THOUSAND SIX HUNDRED THIRTY-FOUR DOLLARS AND 00/100 ($504,634.00) 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, 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 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 , a .liens, except as set forth in Fidelity National Title Insurance Services report #7404-011725, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the value of the Property resulting from its agricultural use and further recognize the common purpose of preserving this value 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 agricultural 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 agricultural and other resources and to otherwise aid in identifying and documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline 3 Documentation includes, but need not be limited to, a survey prepared by John T. Metzger, L.L.S. of Peconic Surveyors, P.C., dated October 12, 2021, and a Phase 1 Environmental Site Assessment dated June 18, 2021 by Cashin Technical Services, Inc. Grantor and Grantee acknowledge and agree that in the .event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical -condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1..01 jype 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 restrict the use of the Property to 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 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) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2) may be amended. No future restrictions in said laws or limitations in the definitions set forth in said laws shall preclude a use that is permitted under the current law as of the date of this Easement. 4 "Grantor" shall refer to the Grantor named above for so long as such Grantor owns the fee title to the Property, and upon conveyance by Grantor,, to the successor in title to the Property during its period of ownership; provided that the conveyance of title by a Grantor shall not relieve such Grantor of its obligations hereunder during such Grantor's period of ownership. "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 non-agricultural purposes. Land that is in agricultural production, including sod farming, or 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, temporary animal shelters 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 5 entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for FIVE HUNDRED FOUR THOUSAND SIX HUNDRED THIRTY-FOUR DOLLARS AND 00%100 ($504,634.00) 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 as 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 theProperty is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall 6 require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any.other applicable State or local law. 'Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor or its Members, the underlying.fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d.) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 1 , 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("'utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used to service the permitted structures on the Property, and on adjacent properties subject to a development rights easement or other conservation instrument. Existing underground irrigation systems may be repaired or replaced without the consent of or review by the Grantee. 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 defined 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) of the Agriculture and Markets Law, now or as said §301(2) may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by-the Town Code now or ,1 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 sound agricultural management practices. 8 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service (��NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property or onto adjoining properties. 3.10 Lot Yield; Future Development Except as provided herein, the use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby relinquishes to Grantee all existing rights to develop the Property (and any such further rights that maybe created through.a rezoning of the Property) except for the right to construct, maintain, alter and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06 or elsewhere in this Easement, and the parties agree that any other such rights shall be terminated and .' extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational. or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial-gain of Grantor or others. Hunting to remove predators which harm agriculture production. shall not be deemed a recreational use or a use for commercial purposes. 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 deemed to be invasive, dead, diseased, decayed or damaged or interfering with agricultural production or other permitted uses of the Property, including activities permitted in Section 4.06, to thin and prune trees to maintain or improve the appearance of the Property or to benefit permitted structures and improvements, 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 defined 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) of the Agriculture and Markets Law, now, or as said §301(2) may be amended. No future restriction in said laws or limitations in the definitions set forth in said laws shall preclude a use that is permitted under the current law as of the date of this Easement. 10 Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws.. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect, alter 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, or on adjoining lands subject to a development rights easement or other conservation instrument; (ii) New construction, including drainage improvement structures, provided such structures are related to or accessory to agricultural production; (iii) Renovation, maintenance, alteration, expansion and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the purpose of the structure remains agricultural; (iv) Additional types of structures, improvements or uses consistent with the purposes of this Easement which arise from future developments in agricultural production or scientific, mechanical or technological advances in agricultural production. 11 B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, 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. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall,not affect Grantee's rights hereunder. 12 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee'. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, provided same arises when Grantee or its agents is lawfully on the Property, 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- 13 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, or those matters arising when such persons are not lawfully on the property. Grantor as used in Section 5.02 and 5.03 shall refer only to the owner of the Premises at the time the injury, damage, action or claim arose. 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. Notwithstanding the above, Grantee's use of drones shall be limited to purposes of Enforcement of this Easement and to inspection under this Easement when traditional means are not available, and shall occur only with prior notice to Grantor and consent for same, which.consent shall not be unreasonably withheld. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without .limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, 14 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 thirty (30) days' notice thereof by Grantee or.such longer period'as is reasonable during which time Grantor is curing or attempting to cure such breach, default or violation, taking into account extreme weather conditions or catastrophic events (which such time period for notice 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, taking into account extreme weather conditions. or other emergency conditions or other emergency or catastrophic events: (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 reasonably deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called ""Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The. cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days.. 15 ' l 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered electronically and by first class mail, or by hand or by certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested, or by nationally recognized overnight courier (USPS, Federal Express, etc.). Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by.notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. A copy shall also be sent electronically to: awickham@wbglawyers.com/ and to rmccall@giffoods.com and shenry@giffoods.com/ for the Grantor and to the Town Attorney and the Land Preservation Coordinator for the Grantee, or such other address provided to the other party by notice as set forth above. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the 16 Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and, superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current owner of the Property '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 §1700). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to. meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein.. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the 17 Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement, whereupon all references to Grantee shall be to such entity. Any 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 18 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 effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 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. SIGNATURE PAGE AND ACKNOWLEDGMENTS FOLLOW ON NEXT PAGE 19 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: WALKER/McCALL, LLC, Grantor By: Rus ell C. Mc I, Man ger ACKNOWLEDGED AND ACCEPTED: McCALL FAMILY'HOLDINGS LIMITED 'a PARTNERS P, LLLP, Grantor By: Russ II C. McCall, Manager ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee By: Scotf A. Russell,.Supervisor 20 STATE OF NEW YORK) COUNTYOFSUFFOLK) SS.• On the day of December, in the year 2021 before me, the undersigned,personally appeare RUSSELL C. McCALL,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon beh7oh1ch the individual(s)acted, executed the instrument. Signatur%fce of individual taking acknowledgement DONNA McGAHAN Notary Publlcj a 85of 1 N59 ew York No. 01Qualified in Suffolk County STA TE OF NEW YORK) Commission Expires Aug. 18, 20 �/ COUNTY OF SUFFOLK) SS.• On the day of December, in the year 2021 before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument, Signatur%fce of individual taking acknowledgement STATE OF NEW YORK ) COUNTYOFSUFFOLK ) SS.• On this 0 7 day of December, in the year 2021 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(s) whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals)acted, executed the instrument. Signatur% ce of individual taking acknowledgement ROBERT DEFRESE WMRY PUBLIC,STATE OF NEW YORK 21 Registration No.01DE5035117 Qualified in Suffolk County My Commission Expires October 24,2022 FIDELI' Y NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-116.00-01.00-010.000 AMENDED 11/10/2021 ALL that certain plots, pieces,tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the the northwesterly corner of the premises described herein, said point being the following three (3) courses and distances from the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25): 1. Southeasterly along the southerly side of Main Road (N.Y.S. Route 25) 1112 feet t to the intersection of the easterly line of a 25 foot Right-of-way and the westerly line of land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP; 2. South 07 degrees 01 minutes 00 seconds West 269.68 feet; and 3. South 82 degrees 59 minutes 00 seconds East 85.42 feet to the true point of beginning; RUNNING THENCE along land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP South 82 degrees 59 minutes 00 seconds East 91.23 feet to land now of formerly of Schroeder; THENCE along land now or formerly of Schroeder and land now or formerly of S. L. Mondello, South 85 degrees 05 minutes 10 seconds East 426.68 feet to land of Ginsberg Family, File No. 10372; THENCE along land of Ginsberg Family, File No. 10372 the following three (3) courses and distances: 1. South 03 degrees 49 minutes 50 seconds West 205.63 feet; 2. South 22 degrees 20 minutes 10 seconds West 157.56 feet; 3. South 18 degrees 00 minutes 00 seconds West 334.50 feet (335.80 feet deed)to land now or formerly of A. Bijoor& R. Patil; THENCE along land now or formerly of A. Bijoor& R. Patil, North 78 degrees 33 minutes 20 seconds West 474.15 feet (474.00 feet deed)to land now or formerly of M. Elak; THENCE along land now or formerly of M. Elak, North 11 degrees 26 minutes 40 seconds East 635.28 feet(actual) 636.56 feet(deed) to the point or place of BEGINNING. TOGETHER with a right of way over adjoining premises of the Estate of John Elak to the West to the Main Road (said premises known as SCTM#1000-115-8-3.7) and subject to the right of first refusal in favor of Russell C. McCall in Liber 12273 Page 139, which right of way is further described as follows: ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Route 25) distant 1087 feet t southeasterly from the corner formed by the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25) South 82 degrees 59 minutes 00 seconds East 25.00 feet; THENCE South 07 degrees 01 minutes 00 seconds West 269.68 feet; THENCE South 82 degrees 59 minutes 00 seconds East 85.42 feet; Commitment for Tide Insurance Printed: 11.10.21 @ 01:55 PM Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Continued) THENCE South 11 degrees 26 minutes 40 seconds West 25.10 feet; THENCE North 82 degrees 58 minutes 59 seconds West 108.46 feet; THENCE North 07 degrees 01 minute 00 seconds East 294.70 feet to the southerly side of Main Road (N.Y.S. Route 25) to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Printed: 11.10.21 @ 01:55 PM Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 - SURVEY OF PROPERTIES IN""CUTCHOGUE - , TOWOUTY NY '. N°b1- S SUFFOLK COUN F .` .� '1000 109;01.,37 '1000 116 OIr"10 OCTOBER4Z 2021 MAIN zs� <, S 82�9W- I co 3 e -rIJ` - {y) t ••PARCEL I 12949 A doH do - � � o opt; a r N/0/1-SCHROEOER NOECIO" - FoMO _45.11 1)6.63 n ,^9IlJ 98999'!0•E.'` x ` z 3 a 0 1 j do - i�4ie/a N I, i - N Ae'JJza-w 'A'CODFO qRE`• f;A Q N/OAF A BI d00R&R.PAlt ' alzo) ..a ( CERPTIED T0: TO OF SOUMOLD ®=OLD PUMP ELL WALKERIVN CALL and McCALL FAMILY NCLOLNGS LIMITED PARTNERSMP LLP FIDELITY NATIONAL TIRE INSURANCE SEANCES.LLC =REBAR ■=h!GNUE(ENT �. ANY A!TERA7TOA'OR AGOITiON TO THIS SURVEY IS A WC•LATION OF SECTION 720 OF THE NF-W YORK STAT[EDUCAPON LAIC: � . EXCEPT AS PER SECTION 7209-SUBDIVISION 2.ALL CERTIRCATIONS HEREON ARE'AAL0 FOR THIS MAP AND COPIES THEREOF ONLY IF PARCH_1-S.CTM 1000-W9-01-37-AREA-11248 ACFES SATO MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR,:; ,,,, W1IG5C SIGNAMPE APPEARS HEREGN, PARCEL 2-S.CTM 1000-116-01-1I-AFIEA-72838 ACRES 21-028 L EC 'VE" IIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIVIIIVIIIIII FEB 1 5 2022 LAND PRESERVATION DEPT Town of Southold 1111111 11111111111111 IN F FR x022 L - - SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 01/21/2022 Number of Pages: 8 At: 10:36: 02 AM Receipt Number : 22-0009528 LIBER: D00013139 PAGE: 158 District: Section: Block: Lot: 1000 109 . 00 01. 00 037 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $40 . 00 NO Handling $20 . 00 NO COE $5. 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $10 . 00 NO RPT $400. 00 NO Fees Paid $490 . 00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County IF2] Number of pages RECORDED 2022 Jan 21 10:176:02 AN JUE)ITH A. PASCALE This document will be public CLERK OF record. Plea'se remove all SUFFOLK COUNTY Social Security Numbers L D00017-1139 P 158 prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 FEES .Page/Filing Fee Mortgage Amt. A 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total. Notation Spec./Assit. or EA-5217(County) Sub Total Spec./Add. EA-5217(St TOT.MTG.TAX R.P.T.S.A. Dual Town— Dual County Held for Appointment Comm.of Ea*.,,--.,-/ S. 00 Transfer Tax Affidavit f Mansion Tax Certified Cop 10 The property covered by this mortgage is or will be improved by P one or two NYS Surcharge 15. 00family dwelling only. ' -- Sub Total YES or NO Other Grand Total..A If NO, see appropriate tax clause on page# of this Instrument. 4Dist*/000 5 Community Preservation Fund — 4740901 rns Real Property p T S IOVIII Consideration Amount$ Tax Service R SMI A Agency 14-JAN-22 CPF Tax Due $ Verification Improved. 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD P. O . ue))c //7-? TD tJ� 1117/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk Count — y Recording & Endorsement Page 4F'y This page forms part of the attached I ecIAr74_r;Q,0 O�- aUAW.4AIT5, _ Made -by: (SP5CIFYTYPE OF-INSTRUMEN-0 Ke�lln LLC The premises herein is situated in Z im i Teg Ai 10 SUFFOLK COUNTY,NEW YORK. TO In the TOWN of :S9 L:,..�1 In the VILLAGE or HAMLET of Lzrc' BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGEplease be aware of the following: if a portion of your monthly mortgage payment included your property taxes, *you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10th and on or before May 315t. . Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y. 11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y. 11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631).360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street. 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y: 11968 (631)351-3217 (631)283-6514 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A.Pascale Suffolk County Clerk dw 2/99 f r 12-0164_D&M6kd� . T - R Sm, ,A Stat I D: 4740901 `1 4-JAN 22. Tax Maps District Secton Block Lot School District 1000 10900 0100 037000 MATTITUCK-CUTCHOGUE 1000 11600 0100 010000 MATTITUCK-CUTCHOGUE r` ftk 1 iT1 R� .lru• J��'cr r ,j DECLARATION OF COVENANTS AND RESTRICTIONS _ {'HIS DECLARATION,made as of the o?'l day off2021,by WALKER/McCALL LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLLP,with an address A 0. Box 271,Cutchogue,NY 11935, hereinafter referred to as the "DECLARANT". 3 70 �r��hersu;Ilz R� �2c4T��, 6A 3�o3y WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 21380 and R 21657 NYS Route 25, Cutchogue in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-109.-1-37 and SCTM#1000-116.-1-10, and shown on a survey f prepared October 12, 2021 by John T. Metzger, L.L.S. of Peconic Surveyors,P.C. (the "Survey"), a reduced copy of which is attached hereto and made a part hereof as Exhibit"A" (the "Farm"); and WHEREAS,the Survey shows SCTM#1000-109.-1-37 to be a parcel of land containing a a principal dwelling and accessory building for 1.1248 acres, described in the metes.and bounds descriptions attached as Exhibit`B"(the "Development Parcel") which is part of and integral to the Farm; and WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement datedAg �1�zc...-a7 20 a t for SCTM#1000-116.-1-10; the survey showing such adjacent agricultural lands designated as SCTM#1000-1.16.-1-10 of 7.7636 acres, described in the metes and bounds description attached as Exhibit"C" (the "Development Rights Easement Parcel"); and WHEREAS,for and in consideration of the acceptance of the Grant of Development Rights Easement,described herein,the Town Board of the Town of Southold(the"Town Board") has deemed it in the best interests of the Town of Southold(the"Town") and the owner and prospective owners of the Development Parcel that the within covenants and restrictions be imposed on the Development Parcel, and, as a condition of the acceptance of the Grant of Development Rights Easement described herein,the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW,THEREFORE,be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed,does hereby make known,admit,publish, covenant and agree that the Development Parcel 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 shall not sell,transfer, gift or otherwise relinquish ownership of the Development Parcel unless such/is xAT9Tlie Development Rights Easement Parcel into the same Grantee; and will not make an application for subdivision or separation or for any other relief from the Town of Southold that would allow the Development Parcel to be in held in ownership other than that of the Grant of Development Rights Easement Parcel. 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 g provisions in effect at the time of execution of this Declaration,or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold,by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set.forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified,terminated,revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. WALKER/McCALL, LLC McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP By: Rus ell C.McCall, Manager By: Russell C. McCall, Manager STATE OF NEW YORK ) COUNTY OF SUFFOLK ) QCp//Yl. On the��.day of ,2021,before me, the undersigned, personally appeared Russell C. McCall,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 appear ce before the undersigned. i IV Notary Public or)n�, ,/►� DONNA McGAHAN e of NotaryStat Public,No. MC4851459w York STATE OF NEW YORK ) Qualified in Suffolk 1820 a � Commission Expires Augg.. , ss.. COUNTY OF SUFFOLK ) On the _ _day of 2021, before me,the undersigned, personally appeared Russell C: McCall,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 appearance before the undersigned. Notary Public 1 - EXHIBIT "A" �SURYEY,�OF PROPERTIES IN!CUTCHOGUE. TOWN„�OF�,SOUTHOLD- N : - SUFFOLK COUNTY,'116=010 Y. TOBERTz-4021 MAI adt NROAD (N Y.S Roule 25> 415900 Hipp - q E W5 AS39b0 E v �' 2 •gyp � ✓� ® 3 1-7 vo 4 = w $ N/0/E SCNROEDER - ; 0 1 N e2asoo•W ,, y -N/0/F 5 L:MONDELLO Mao �`N 815859•W _ r�Ah 2&dB'” rh H 2 I / „ PARCEL. 5 � %h •�� FAA. \ `� ✓ 8 ^'>d;T�zO,W ENCODED i $ AR E4 „` ...✓A y N/p/P A B/JOOR&R.PA77Llo¢o v J � 1 � I i CERrFIED T0: TO NM OF SOUTHOLD ®=OLD PUMP ALL WALKCR/MCCALL and.V CALL FAMILY HCLD!N'GS LIMITED PAR.NERSHIP LLP RDEUTY NAT!aVAL 71RE'INSURANCE SEANCES LLC 0-RE@AR ■=MONUMENT {*�ANY ALTERATION OF AOOfRQV 70 TF.TS SURVEY 15 A NOLAT[CN J1 CF SECRON 72090£THF.NEW YORK STATE EDULARO:V LA IV EXCEPT AS PER SECRON 7209-SU@OIWS,*ON 2.ALL CERTIFICATIONS d- 'IERCON ARE VALID FOR THIS NAP AND COPIES 7HEREOF ONLY!F PARCEL 1-3.C.TM WO-109-01-37-AREA-11248 ACRES � '� "°X. ' SA0.UAP OR COPIES BEAR THE IMPRESSED SEAL OF TH£SURVEYOR :n_ iMfOSC SIGNATURE APPEARS HEREON. PARCEL 2-3.C.TM.1000-116-01-10-AREA-77836 ACRES 21 02@ EXHIBIT "B" SCHEDULE A ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of the Main Road (N.Y.S. Route 25) distant 1087 feet:]:southeasterly from the intersection of the easterly side of Locust Avenue with the southeasterly side of Main Road (N.Y.S.Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25) South 82 degrees 59 minutes 00 seconds East 175.00 feet to land now or formerly of Schroeder; THENCE along said land now or formerly of Schroeder the following two (2) courses and distances: 1. South 01 degree 46 minutes 00 seconds West, 137.30 feet; and 2. South 11 degrees 43 minutes 00 seconds West, 133.40 feet; THENCE North 82 degrees 59 minutes 00 seconds West 176.65 feet partly along a 25 foot Right of Way; THENCE along the easterly side of a 25 foot Right of Way,North 07 degrees 01 minute 00 seconds East 269.68 feet to the Southerly line of the Main Road (N.Y.S. Route 25)to the point or place of BEGINNING. For information only: Tax Map No. 1000-109.00-01.00-037.000 EXHIBIT "C" ,FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-116.00-01.00-010.000 AMENDED 11/10/2021 ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the the northwesterly corner of the premises described herein, said point being the following three (3) courses and distances from the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25): 1. Southeasterly along the southerly side of Main Road (N.Y.S. Route 25) 1112 feet±to the intersection of the easterly line of a 25 foot Right-of-way and the westerly line of land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP; 2. South 07 degrees 01 minutes 00 seconds West 269.68 feet; and 3. South 82 degrees 59 minutes 00 seconds East 85.42 feet to the true point of beginning; RUNNING THENCE along land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP South 82 degrees 59 minutes 00 seconds East 91.23 feet to land now of formerly of Schroeder; THENCE along land now or formerly of Schroeder and land now or formerly of S. L. Mondello, South 85 degrees 05 minutes 10 seconds East 426.68 feet to land of Ginsberg Family, File No. 10372; THENCE along land of Ginsberg Family, File No. 10372 the following three (3) courses and distances: 1. South 03 degrees 49 minutes 50 seconds West 205.63 feet; 2. South 22 degrees 20 minutes 10 seconds West 157.56 feet; 3. South 18 degrees 00 minutes 00 seconds West 334.50 feet(335.80 feet deed) to land now or formerly of A. Bijoor&R. Patil; THENCE along land now or formerly of A. Bijoor&R. Patil, North 78 degrees 33 minutes 20 seconds West 474.15 feet (474.00 feet deed)to land now or formerly of M. Elak; THENCE along land now or formerly of M. Elak, North 11 degrees 26 minutes 40 seconds East 635.28 feet(actual) 636.56 feet(deed) to the point or place of BEGINNING. TOGETHER with a right of way over adjoining premises of the Estate of John Elak to the West to the Main Road (said premises known as SCTM#1000-115-8-3.7) and subject to the right of first refusal in favor of Russell C. McCall in Liber 12273 Page 139, which right of way is further described as follows: ALL that certain plots, pieces, tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Route 25) distant 1087 feet±southeasterly from the corner formed by the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25) South 82 degrees 59 minutes 00 seconds East 25.00 feet; THENCE South 07 degrees 01 minutes 00 seconds West 269.68 feet; THENCE South 82 degrees 59 minutes 00 seconds East 85.42 feet; Commitment for Title Insurance Printed: 11.10.21 @ 01:55 PM Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 EXP I B I T "C" continued FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Continued) THENCE South 11 degrees 26 minutes 40 seconds West 25.10 feet; THENCE North 82 degrees 58 minutes 59 seconds West 108.46 feet; THENCE North 07 degrees 01 minute 00 seconds East 294.70 feet to the southerly side of Main Road (N.Y.S. Route 25) to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment for Title Insurance Printed: 11.10.21 @ 01:55 PM Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 ti ALTA OWNER'S POLICY OF TITLE INSURANCE Policy Number: 0'Fidelity National Title 7404-011725 Insurance:Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained'or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. AMERICAN Copyright American Land Title Association. All rights reserved. LAND_T,TtI • :1550CIAT[OA The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM N Y-F T-F RV H-01030.431004-SPS-27306-1-21-7404-011725 1 �• FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011726 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part., or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Issuing Office: Fidelity National Title Insurance Company Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive Riverhead, NY 11901 --� Tel: (631)727-0600 Fax: (631)727-0606 Randy Quirk, President Countersigned By: Attest: Authorized Officer or Agent .�• :, Marjorie Nemzura, Secretary Date: Po rFk Fidelity National Title Insurance Services, LLC SEAL ''y C D Steven Zeikowitz,Authorized Signatory Authorized Signatory AAt C Copyright American Land Title Association. All rights reserved. u„E!TULL TITIL MSOCTATIGN The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as It of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01030.431004-SPS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 SCHEDULE A Date©f F'ollcy , k Amount of Insurance E December 27, 2021 $504,634.00 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this Policy is: Development Rights Easement 3. Title is vested in: Town of Southold Deed made by Walker/McCall, LLC, a Georgia Limited Liability Company, as to an undivided ninety-nine(99%) percent interest and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP, a Georgia Limited Partnership, asto an undivided one(I%) percent interest, as tenants in common dated December 27, 2021 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy is described as follows: See Schedule A(Continued), following. Copyright American Land Title Association. All rights reserved. AMERICANNT ASSOMATION The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed: 12.27.21 @ 09:28 AM NY-FT-FRVH-01030.431004-S PS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 SCHEDULE A (continued) AMENDED 11/10/2021 ALL that certain plots, pieces,tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the the northwesterly corner of the premises described herein, said point being the following three(3) courses and distances from the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25): 1. Southeasterly along the southerly side of Main Road (N.Y.S. Route 25) 1112 feet t to the intersection of the easterly line of a 25 foot Right-of-way and the westerly line of land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP; 2. South 07 degrees 01 minutes 00 seconds West 269.68 feet; and 3. South 82 degrees 59 minutes 00 seconds East 85.42 feet to the true point of beginning; RUNNING THENCE along land now or formerly of Walker/McCall, LLC and McCall Familly Holdings Limited Partnership LLLP South 82 degrees 59 minutes 00 seconds East 91.23 feet to land now of formerly of Schroeder; THENCE along land now or formerly of Schroeder and land now or formerly of S. L. Mondello, South 85 degrees 05 minutes 10 seconds East 426.68 feet to land of Ginsberg Family, File No. 10372; THENCE along land of Ginsberg Family, File No. 10372 the following three(3) courses and distances: 1. South 03 degrees 49 minutes 50 seconds West 205.63 feet; 2. South 22 degrees 20 minutes 10 seconds West 157.56 feet; 3. South 18 degrees 00 minutes 00 seconds West 334.50 feet(335.80 feet deed)to land now or formerly of A. Bijoor&R. Patil; THENCE along land now or formerly of A. Bijoor&R. Patil, North 78 degrees 33 minutes 20 seconds West 474.15 feet (474.00 feet deed)to land now or formerly of M. Elak; THENCE along land now or formerly of M. Elak, North 11 degrees 26 minutes 40 seconds East 635.28 feet(actual) 636.56 feet(deed)to the point or place of BEGINNING. TOGETHER with a right of way over adjoining premises of the Estate of John Elak to the West to the Main Road (said premises known as SCTM#1000-115-8-3.7)and subject to the right of first refusal in favor of Russell C. McCall in Liber 12273 Page 139,which right of way is further described as follows: ALL that certain plots, pieces,tracts or parcels of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Route 25)distant 1087 feet t southeasterly from the corner formed by the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route 25); RUNNING THENCE along the southerly side of Main Road (N.Y.S. Route 25)South 82 degrees 59 minutes 00 seconds East 25.00 feet; THENCE South 07 degrees 01 minutes 00 seconds West 269.68 feet; Copyright American Land Title Association. All rights reserved. ANA k T E .MSOCTAI ION The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) 1Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 SCHEDULE A (continued) THENCE South 82 degrees 59 minutes 00 seconds East 85.42 feet; THENCE South 11 degrees 26 minutes 40 seconds West 25.10 feet; THENCE North 82 degrees 58 minutes 59 seconds West 108.46 feet; THENCE North 07 degrees 01 minute 00 seconds East 294.70 feet to the southerly side of Main Road (N.Y.S. Route 25) to the point or place of BEGINNING. END OF SCHEDULE A Copyright American Land Title Association. All rights reserved. LACRI T E MS 00.,Tlos The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01030.431004-S PS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 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 and persons in possession.- 2. ossession.2. Right of Way recited in Liber 12418 page 421, Liber 12417 page 422 and Liber 13083 cp 516. (benefits premises and burdens tax map no. 1000-115.00-08.00-003.007) 3. Right of First Refusal as recited in Liber 12273 cp 139. 4. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer of title, premises are subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of death or the transfer from the owner entitled to the exemption and to whom such exemption was duly granted., (C�vh.:w 5. Company excepts sewer charges that have not been specifically included on the tax report herein.— C)A."l 6. Survey made by Peconic Surveyors, P.C. dated October 12, 2021 covering premises and more shows Parcel 2 as vacant land with interior fencing with gate and wooded area and fenced garage area; Right of Way shows fence crossing and along part of Easterly premise with gate. 7. 2021/2022 Town/School Tax. END OF SCHEDULE B Copyright American Land Title Association. All rights reserved. L„4o T T E nuocrnnoN The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01030.431004-S PS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation(including those relating to building and zoning)restricting,regulating,prohibiting,or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land, (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section'8(b),or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A),(B),(C),and(D)reserving, however,all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. AAtCRICA N Copyright American Land Title Association. All rights reserved. LAND TITLE 0.Soci.5Ti0" The use of.this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM N Y-FT-F RVH-01030.431004-S PS-27306-1-2177404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 (continued) (g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land"does not include any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads, avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or(iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party.asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i),in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)in any other lawful act that,in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. Copyright American Land Title Association. All rights reserved. AMERICAE ' hS50Ci.5Tt0,1' The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy(06117/2006) Printed: 12.22.21 @ 09:48 AM N Y-F T-F R V H-01030.431004-S P S-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks,tapes, and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the Insured Claimant shall grant its permission, in writing,for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath„ produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(ii),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by Ten Percent(10%),and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals,adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. Copyright American Land Title Association. All rights reserved. UNDTITLE Auocu The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. - ALTA Owner's Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01 030.431004-SPS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within thirty(30)days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss, costs,attorneys'fees,and expenses paid by the Company. If requested by the Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association('Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars($2,000,000)or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars($2,000,000)shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsement, (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW;FORUM (a) Choice of Law. The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Fidelity National Title Insurance Company P.O.Box 45023 Jacksonville,FL 32232-5023 Attn: Claims Department END OF CONDITIONS AMERICAN Copyright American Land Title Association. All rights reserved. LAD TITHE AssOCi na' The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. it ALTA Owners Policy(06/17/2006) Printed: 12.22.21 @ 09:48 AM NY-FT-FRVH-01030.431004-S PS-27306-1-21-7404-011725 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number: Issued By: 0_Fidelity National Title 7404-011725 Insurance Company - 1. The following is added as a Covered Risk: 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: December 27, 2021 Countersigned By: �r Authorized Signatory Standard New York Endorsement(7/1/12) Printed: 12.22.21 @ 09:49 AM For use with ALTA owner's Policy(6/17/06) NY-FT-FRVH-01030.431004-SPS-27306-1-21-7404-011725 w, POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy Number: Issued By: Fidelity 0 NatiIIsurance onal�T Title 7404-011725 Any When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: December 27, 2021 Countersigned By: Authorized Signatory TIRSA Policy Authentication Endorsement(6/24/16) Printed: 12.22.21 @ 09:49 AM NY-FT-FRVH-01030.431004-S PS-27306-1-21-7404-011725 CLOSING STATEMENT WALKER/McCALL, LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP to TOWN OF SOUTHOLD SCTM #1000-116.-1-10 Total Development Rights Easement— 7.7636 acres Total Parcel Acreage — 7.7636 acres Premises: 21657 NYS Route 25, Cutchogue, New York Contract Executed: June 9, 2021 Closing Date: December 27, 2021 Town Hall Annex Purchase Price of $504,634.00 (based upon 7.7636 acres buildable acres @ $65,000 per buildable acre) disbursed as follows: Payable to Walker/McCall, LLC $ 504,634.00 Check#147583 (12/27/2021) Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Corp $ 3,000.00 Check#144946 (2/2/2021) Survey Payable to Peconic Surveyors, PC $ 7,000.00 Check #147268 (11/16/2021) SCTM #1000-116.-1-10 farm lot - $5200 SCTM #1000-109.-1-37 house lot - $1800 Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 1,100.00 Check #146035 (6/29/2021) Title Report #7404-011725 Payable to Fidelity National Title Ins Services $ 3,254.00 Check #147422 (12/14/2021) Title insurance policy $ 2049 Recording easement $ 490 Recording C&R's $ 420 Certified copies $ 20 Title closer attendance fee $ 275 Those present at Closing: Scott A. Russell Southold Town Supervisor Mary C. Wilson, Esq. (via phone, if needed) Attorney for Town of Southold Abigail A. Wickham, Esq. Attorney for Seller Robert DeFrese Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski LP Associate Administrator 08�1 MOMm) Fi TOWN OF-SOUTHOLD, ig VENDOR .04031 WALKER MCCALL, LLC 12/27/2021 CHECK 147583 lk A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600.100 1,000-116. -1-10 DEV RGHTS 504,634.00 TOTAL 504, 634.00 Jr, 51 A. (41 # d M i pil m p-V. R M N Kv N41 ry 01- .ME 05, R 14 4rR AtL -- -------------------------------------------- ----------------------------------------------------------- 75R A, -------- -- - - ------ -- ­ --------- --------- -------- .. .. . ---- --­ ggt R&D i.'5309 6 fMAIN,RQA.W RQ,BON::1.17 -o , V itttt '1HE'SU F tOLK-,C6:.NAT10NAUBXNk NQUNTav, b, 'S�RPUE,NYt:t5 St,14t 2: 03.`4 1.L0 % a,J 1 � FI-VE HUNDRED FOUR;�THOUSAND;:�SIX HUNDRED 'THS'R,3'3'r FOL•1R',�AND 00/100-`,DOL6&S t tl J1 st IT it.t. f ... .......- Ii.n. xg A4F., ; '-WALXEA,:A'ddALL-;,-.LLC I TO T-HE-.;.:.iT-',p I"M IbM 7Sr0 • 0 OX',2,7 X 0 P.00YEIN.Y�, 1193: FRI its 7 58 Ps 1:0 2 X40 5464x: 63 000001, 0 us Lawrence Indimin'e:Consulting Corp. invoice 18 Bailey Lane. Date. Invoice Manorvillei NY'11949 (631) 979-2735. 1/1.912021 1123 BIII,TO Town of Southold Ddpartinent of band Preservation PO Box 1179- 5ou1hold,.NY 1'1971:-0959 Description. Amount. Appraisal of Property of McCall. 3,000.00 Located at 2,1657 Route 27,Cutcfiogue,:N.Y SCTM#1000=]i&-IA0 File#21.012 REMOVED C JAN 2 0 2021 LAND_ PRESERVATION DEPT Town of Southold Thank you for your business. Total $3,000.00 TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORr 02/02/2021 CHECK 144946 YA A b, FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2,500.200 34290 1123 APPRAISAL-ELAK PROPERTY 3,000.00 w TOTAL 3,000.OQ gnr— Top a, 'g -91 r 11 It')v ------------ ------------- --------------------------- --- - ---- ZQ Wr "�l-uh r n 6.1 m-N j 4, Ar J, N �MD;3 1-Z -------- ------ --- ------- ----------- '17 .-AM0U.NT:-.-, :2/. -27 '20'21,-'--w;-'r 0-546 2 1'4" �'� THREE::THOUSAND AND`0 0 -10 DOL PAY LAWRENCE. IN DIMIN' E CONSULT CORP la BAILEY AVENUE'7'0 ME, Of, DER , vNORVILE N 1194' OP ! 0 211.05Lo: 63 000004 Ono,. PECONIC SURVEYORS, P.C. Invoice SOUTHOLD,NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 11/2/2021 8103 Bill To SPIIR0 21-028 MS.MELISSA SPIRO PO BOX 1179 SOUTHOLD,NY 11971 P.O. No, Terms Project 35527 Walker/McCall dev rights emt Quantity Description Rate Amount SURVEY W/5'EXT FROM PL/SCTM 1000-109-01-37 1,800.00 1,800.00 &SCTM 1000-116-01-10 5,200.00 5,200.00 REMOVED NOV - 9 2021 LAND PRESERVATION DEPT Town of Southold Phone# Total $7,000.00 631-765-5020 T014W OF SOUTHOLD j VENDOR 016144 PECONIC SURVEYORS, P.C. 11/16/2021 CHECK 147268 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT Y1 CM .8660.2.600.100 35527 Z/8103 SRVY-1000-116.-1-10 FRM 5,200.00 CM .8660.2.600.100 35527 8103 SRVY-1000-10,9.-1-3T,,HSE 1, 600.00 TOTAL 7,000.00 3 1#4qv m ------------ ------ tYP I i, . ro dL3 �A A I% -I ly ----------------------------------------- ----------------------- -- - ------- ------ -- TOWYOFS6UTHOLDAUDIT.:ii'/i'6,/2021'—` BOX 1179 , 1: 1A, .;,.CHECK'�NO' 6 8 SOIJTHOLD,:NY 11971-0559, THE S'UFF.O'LK'CO.NATION'A'L BANK A -•'AMOUNT,,,%` CUTCHOGUE.NY 11935 -4 0 LAR 'THOUSAND -P.ND� 60 00:.b 'I� S-- :' -.-SEVEN- PECONIC SURVEYORS, P.C. TO THE' 2 3`0 -TP�AVELER-'STREET.- bfiDFj? OF, 1116 TO -BO SOUTHOLD:NY 11971. in L47 2 Ga,lim 1:0 2 11,0 54641: 6 3 000004 oils Caahin Technical Services, Inc. 1200 Veterans Memorial Hwy. Hauppauge . NY. 11788 631.348.7600 phone / 631.348.7601.fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 - June 16, 2021 Southold, NY 11971-0959 Project No: 21CTS.002 Invoice No: 521001C Phase I Environmental Site Assessment for property located at 21657 Main Road (NYS Route 25), Cutchogue, NY Purchase Order No. 34297 SCTM#1000-116.1-10 Professional Services from June 7. 2021 to June 16, 2021 Fee 1,100.00 Total this Invoice $1,100.00 RIECEOVED JUN 2 2 2021 LAND PRESERVATION DEPT Town of Southold TOWN OF SOUTHOLD VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 06/29/2021 CHECK 146035 %I A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AM�7T CM .8660.2.600.100 34297 521001C PHSE 1-ESA WLKR/MCCALL 1,190.00 TOTAL 1,100.00 A41 -).,,z ------- ---- F-1 M w Pt, 111+ t51, Up F\ -y A �-w-)gcg—ppgg m4mIo 'w ' -TOWN OF SOUTHOLD 'AUDIT -6/ jib2i. 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 -146,035', CHEEK THE SUFFOLK CO.NATIONAL-6ANK 7- CUTCHOGUE;NY11935- DATE" MOUNT 55461214, 06- 9 2021• 0' ONE THOUSAND OkE'HUNDRED'-AND' 00/10-Q PAY. CASHIN..TECHNTCAL SERVICES', ..INC TO Tl+[E...- '12 0-0 VETERANS MEMORIAL HIGHWAY 4-t rR OF" ' HAUPPAU O)W GE NY 11786 y app; u' 14603511' 1:0 2 11,/0'5 L,Pil,1: 63 OOOOOL, Oils DEC 2 2 2021 7404-011725 Fidelity National Title Insurance Services, LLC nm 24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE PHONE:(631)727-06001 FAX(631)727-0606 [j FINAL STATEMENT [x]ESTIMATED STATEMENT Title No: 7404-011725 IClosing Date: 12/27/21 Closer: Robert DeFrese(Title Closer)(631)835-3709 Applicant: Town of Southold Lender: Buyer: Town of Southold Lender Attorney: Seller: Walker/McCall,LLC Seller Attorney: Wickham,Bressler&Geasa,PC. Premises: 21657 Main Road County: Suffolk Cutchogue,NY 11935 Fee Amount: $504,634.00 �.s Mortgage Amount: $0.00 COMPANY"CHARGES Amount: Buyer: Seller: Lender; Fee Premium$504,634.00 $2,049.00 Notary fee to closer $275.00 Certified Copies(2) $20.00 Total Company Charges: $ RECORDING TAXES, Amount:` O er. °"Seller: i' 1 Lender: CPF Tax Exempt Conveyance Tax Exemp Total Recording Charges: RECORDINGCHARGES;- w Amount: r Buyer:, ..`. Seller. l`, Lender Grant of Dev.Rights Easement with $490.00 certified copies(24 pages) Declaration of Covenant and Restrictions $420.00 ith certified copies(7 pages) Release of part of mtg prem $305.00 Total Recording Charges: $910.00 $305.00 ESCROW"&EXCHANGES ESCT „>' ' ° Amount:, "a;°= Buyer: .Seller: Lender: Total Escrow&Exchange Charges: OTAL CHARGES:' "` x$3;254100 "$305A0 CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC From. ,Check No: � "�1' mount. Total Checks LIST ALL OTHER'CHECKS=` " From Check No. mount* P q ` Total Other Checks TOTALCOLLECTED: NY Title B11 Pagel of 2 (74D4-011725140)December 22,202109:48 AM ESTIMATED CASH SHEET Date: 12/22/21 Closing Date: 12/27/21 Title No.: 404-011725 Closer: Robert DeFrese(Title Closer) 631)835-3709 Applicant: Town of Southold Bank: Applicant Address: Town Hall Annex(2nd floor),54375 Bank Attorney: Main Rd Buyer: Town of Southold eller Attorne ickham,Bressler&Geasa,PC. Seller: Walker/McCall,LLC Sales Rep: JRob L.DeFrese Premises: 21657 Main Road County: ISuffolk Type of Insurance: Owners/Fidelity National-NY-Zone -Owner's Policy below$1 Million OTHER ANCILLARY CHARGES: Buyer Owner/Seller ( )Mortgage Payoff Transmittal Charge $ $ ( )Delivery/Courier Charge $ $ Notice Reoarding Ancillary Services Title cost for this transaction may include charges for certain service not specified in the TIRSA rate manual but are provided by FNTG at the request of your lender or attorney.The issuance of the title policy is not ` dependent upon the performance of such services. Disclosure Pursuant 11 NYCRR§30.3 of Compensation and Ownership Fidelity National Title Insurance Services LLC("LLC")earns 88%of the premium on the sale of policies as an agent of Fidelity National title Insurance Company("FNTIC").Alternative title insurance policy coverage's and/ or endorsements•may be available.Please contact this Company for a,description of alternative coverage's and premium quotes or for any other additional information.The premiums for policies of title insurance are approved by the New York State Department of Financial Services("NYS DFS").Insurance Division,under a rate filing made by the Title Insurance Rate Service Association("TIRSA").The NYS DFS also approves policy and endorsements forms.These rates are standard for all members of the TIRSA except certain Seller's polices issued by Company which are 15%lower than the TIRSA rates.LLC is a wholly owned subsidiary of Fidelity National Financial Corporation.The Insurance Law prohibits reducing or rebating any portion of the premium paid to the Insurer for the title insurance policy whether by reducing the Agent's commission or compensation or otherwise. NY Tele Bili Page 2 of 2 (7404-011725/40)December 22.2021 09:48 AM icy, fq TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE 12/14/2021 '•CHECK 147422 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 21-462 7404-011725 TITLE INSURANCE POLICY 2, 049.00 CM .8660.2.600.100 21-462 7404-011725 TITLE CLOSER ATTNDNC FEE 275.00 CM .8660.2.600.100 21-462 7404-011725 (2) CERTIFIED COPIES 20.00 CM . 8660.2.600.100 21-4.62 7404(-011725 RECORDING DEV RIGHTS 490.00 CM .8660.2.600.100 21-462 7404-011725 RECORDING C&RS 420.00 TOTAL _ 3,254 .00 Il V,.5- -A I r v t r / i 4 4 i 1 • \ t • • O • • • • • 0 D = h A R � � i f j 7 d Y � r i t ait�ar�`e r� s7•t"�_ t Fr r TOWN QF SOUTHOLD AUDIT 0 2.1 - :r t 53095 MAIN ROAD PO BOX 1179: r .f 4 SOUTHOLD;NY 11971 0959 CHECK NO 14742`2 -'r e THE SUFFOLK CO NATIONAL BANK CUTCHOGUE NY 11935 DATE 50546!214 ' r fr` 12/1.4/-20241{ i 1 i t, � t3:� tJf'4 i0�.r 1..r` i r: rr..r i r...: t,r � . ' � ;� 3 { r r•yl - i +�• t I ry�t s� r sLa t �.rtrr 1.�is tP ITHREE THOUSI ND::TWO HUNDRED FIFTY .,FOURS;A TD 00 100 DpLLARS`o',;,-m: E ,i t i° ES r• 4{ { r / Fit Ott AY FIDELITY,-NATIONAL TITLE 71�`naTFIE INSUF?ANCE''dERVI,CES LLC t Y 4r p z t a t '�Cn i ! t • f '.tl S x p b 1 5; e A {3 OF LII .,'24 COMMERCE.DRIVE RIVERHEAb Y 119 O 1 ,. Ai ii' It, 74 2`.2 us 1:0,2 140546L,1: 63 000004 0110 SaFQOFFICE LOCATION: MELISSA A.SPIRO O�Q CSGTown Hall Annex LAND PRESERVATION COORDINATOR �.� .yam 54375 State Route 25 melissa.spiro@town.southold.ny.us .G (corner of Main Rd&Youngs Ave) C* 2 Southold,New York Telephone(631)'765-5711 %y Facsimile(631)765-6640 Oy S MAILING ADDRESS: www.southoldtownny.gov �0( �a 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: January 4, 2022 Re: WALKER/McCALL. LLC to TOWN OF SOUTHOLD SCTM #1000-116.-1-10 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: 21657 NYS Route 25, Cutchogue SCTM#: 1000-116.-1-10 PROPERTY OWNER: Walker/McCall, LLC CONTRACT DATE: June 9, 2021 PURCHASE DATE: Closing took place on December 27, 2021 PURCHASE PRICE: $504,634.00 (7.7636 acres @$65,000/buildable acre) EASEMENT ACREAGE: 7.7636 acres TOTAL PARCEL ACREAGE: 7.7636 acres ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) C&R's: In conjunction with the purchase of the development rights easement,an adjacent parcel known as 21380 NYS Route 25, Cutchogue(SCTM#1000-109.- 1-37)will be subject to a Declaration of Covenants&Restrictions, including a requirement that the parcel remain permanently attached to the farm. MISCELLANEOUS: The landowner offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner may be eligible to claim a bargain sale. SURVEY OF PROPERTIES IN CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-109-01-37 1000-116-01-10 SCALE 1=50' OCTOBER 12,2021 MAIN ROAD (N.Y.S. Route 25) r•_ 9 62S9T,y F I � ..�=sem._ � r°s6a• . :b� N jy(� �j am � 1P�CCL clan - �Oi gg m j N/0/F SCHROEDER uN N/0/F S.L MONDL1Lp � 0 30�+•w ti 9I.�J s 6.69670•E M1 182 426.66• py . IDQ�• ��d ���'K i[� --�4 a W� I �p ppf �f�O 8 I � o P6RC6L 2 ' 066,181 6.1-. r C n I d iN 17 z (9� 1 I oZ o� Ad e�' N>eas�.W 'WOODEp� •�'�. J>/ N/0/p a BWpOR&R.PA77L (>�:oo Is• °tel CER77FIED TO. TOM OF SOUTHOLD � ®=OLD PUMP WELL WALKERIU,CALL and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLP FIDELITY NA77ONAL 777LE INSURANCE SERVICES LLC =REBAR ■-MONUMENT 4°r�W>y4 I ANY ALTERATION OR AOD1770N TO THIS SURVEY IS A NOLARON OF SECTION 72o OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209-SUBDIWSYGN 2.ALL CER77FICA77ONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY!F PARCEL 1-&CTM 1000-109-01-37-AREA-1P248 ACRES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR saps r.+(°wo>s+-rn>J1b WHOSE SIGNATURE APPEARS HEREON. PARCEL 2-S.CTM 1000418-01-10-AREA-7J83E ACFEB