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Home My WebLink AboutWalker/McCall & McCall Family Holding mf Fa . ��:� :yam,; . • : ; , . : ; . : ,: • .- : _ _ ; .• : : I 0700� 1. Baseline Documentation Premises:: -4,05.7 1VIain 'Rda' ,_d (NYS Rt 25) : 'Cutcho •ue- ;New -York, }' .7.763.6acres: Deelop.merit Rights:Easement WALKER/McCALL, LLC:and,.McCALL.FAMILY HOLDINGS LIMITED PARTNERSHIP,'LLLP ., TOWN OF=SOUTHOLD :Easerne f dated _D'ecem'ber-9; 2021 .. - Delivered December 27; 2021 Recorded-Januar 21- 2022 Suffolk County,Clerk Lib.er'D000:1313:9, -Age.459 SCTM #: 1000-116.4-10 Premises: 21657 Main Rd (Rt 25) Hamlet: Cutchogue Purchase Price: $ 5049634.00 7.7636 buildable acres @ $65,000/buildable acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 7.7636 acres Development Rights: 7.7636 easement acres Zoned: A-C (Agricultural-Conservation) Covenants & Restrictions: recorded (Liber 13139, Page 158) simultaneously with Easement Existing Improvements: In October 2021 — agricultural farmland; post&wire fencing on north, east& south sides with metal gate at northeast corner,wooded areas between fencing & boundary lines, garden in northwesterly corner surrounded by deer fencing. A P P R A I 5 A L M O T O N LAND PRESERVATION COMMITTEE MEETING Minutes& Discussion Notes from Meeting held Tuesday,August 18, 2020 at 7:00 p.m. This meeting held virtually via the Zoom online platform. Pursuant to Executive Order 202.1 of New York Governor Andrew Cuomo, in-person access by the public will not be permitted. This is a public meeting and the public will have access to view and listen to the Regular Meeting as it is happening via Zoom. If you do not have access to a computer or smartphone, there is an option to listen in via telephone. Comments from the public may not be solicited nor received without an appointment. The Land Preservation Committee may add or remove applications from the Agenda upon its discretion,without further notice. Applications may not be heard in the order they appear on this Agenda. It is expected that the Committee will enter into Executive Session*shortly after opening the Regular Meeting for the purpose of discussing applications regarding proposed acquisitions of real property where publicity would substantially affect the value thereof.The public is not allowed to view or listen to Executive Session. Options for public attendance: • To join via computer: Click Here htti)s://zoom.us/i/97674949003?r)wd=U1 IRekNBS241 aHIvWnUvOUM1 Tnlwdz09 Passcode: 063984 *A note that"This meeting has been locked by Host'indicates that the Committee has entered into Executive Session. Or Online at the website zoom.us, click"Join a Meeting"and enter the Meeting ID: 976 7494 9003 Passcode: 063984 • Join by telephone: Call 1 (646)558 8656 Enter Meeting ID and passcode when prompted (same as above) Members Present: Sam McCullough, Chairperson Doris McGreevy John Simicich Will Lee Anne Murray Eric Keil Members Absent: Lillian Ball Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bob Ghosio,Town Board Liaison Zoom Attendees: Holly Sanford, Peconic Land Trust(Executive Session appt) Commencement: • The Open Session of this meeting is being recorded. All "Attendees" will be dismissed from this meeting upon the Committee's Motion to enter into Executive Session. • The meeting began at 7:02 p.m.with six LPC members present. EXCERPT FROM 8/18/2020 LAND PRESERVATION COMMITTEE MEETING MOTION made by Sam McCullough, seconded by Anne Murray, to direct Land Preservation Coordinator Melissa Spiro to commission an appraisal for the value of a proposed development rights easement on property presented within a landowner's LPC application that was discussed by the committee while in Executive Session on August 11, 2020, subject to the approval of the Town Board. Motion carried: 5/0/1 (LPC member Eric Keil abstained as absent from Executive Session discussion.) APPRAISAL OF REAL PROPERTY LOCATED AT 21380 ROUTE 25 AND 8453 NEW SUFFOLK AVENUE CUTCHOGUE,TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK DISTRICT 1000,SECTION 109, BLOCK 1, LOT 37, DISTRICT 1000,SECTION 116, BLOCK 1, LOT 10,AND DISTRTICT 1000,SECTION 115, BLOCK 8, LOT 3.7 OWNED BY WALKER MCCALL, LLC/MCCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLLP PROPERTY TYPE: LOT 37 IS A 1.12±ACRE FARMSTEAD ENCUMBERED WITH A LIFE ESTATE, LOT 10 IS A 7.78±ACRE PARCEL OF RESIDENTIAL ACREAGE IN USE FOR AGRICULTURAL PURPOSES,AND LOT 3.7 IS A 0.22±ACRE ACCESS STRIP WITHOUT DEVELOPMENT RIGHTS PREPARED FOR MELISSA SPIRO, LAND PRESERVATION COORDINATOR TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION TOWN HALL ANNEX 54375 STATE ROUTE 25 PO BOX 1179 SOUTHOLD, NEW YORK 11971-0959 VALUATION DATE:JANUARY 13,2021. DATE OF REPORT:JANUARY 19,2021 FILE#21012 PREPARED BY LAWRENCE IN®IMINE CONSULTING CORP E REAL ESTATE APPRAISALS AND'CON_SULTING 18 BAILEY LANE MANORVILLE, NY 11949 PHONE (631)979-2735 - i P U B L I C H E A R I N G RESOLUTION 2021-390 ADOPTED DOC ID: 17035 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-390 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 18,2021: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 1, 2021, at 4.30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearmf for the pur_c_hase of a development ril4hts easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM 91000- 116.-1-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). The proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78 acres. In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue, NY and designated as '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. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. Community Preservation Funds will be used to acquire the easement plus acquisition costs. The purchase price is $65,000.00 (sixty-five thousand dollars) per buildable acre, estimated at $505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. The landowner has 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. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested.person during business hours. Elizabeth A. Neville Southold Town Clerk Resolution 2021-390 Board Meeting of May 18, 2021. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:Louisa P. Evans, Justice AYES: Sarah E. Nappa, Jill Doherty, Robert Ghosio, Louisa P. Evans ABSENT: James Dinizio Jr, Scott A. Russell F Updated: 5/18/2021 11 :48 AN/l by Lynda Rudder Page 2 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 1, 2021, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM#1000- 116.4-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). The proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78± acres.In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue,NY and designated as 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. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. Community Preservation Funds will be used to acquire the easement plus acquisition costs. The purchase price is $65;000.00 (sixty-five thousand dollars) per buildable acre, estimated at$505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The landowner has 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. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. Dated: May 18, 2021 BYTHE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A.Neville Southold Town Clerk t SOUTHOLD TOWN BOARD PUBLIC HEARING June 1, 2021 4:30 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Councilwoman Sarah Nappa Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 4:57 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, June 1, 2021, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP..Said property is identified as SCTM#1000-116.4-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation(A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road(NYS Route 25). The proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78± acres. In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue, NY and designated as SCTM#1000-109.4-37 will be subject to a Declaration of Covenants &Restrictions, including a requirement that the parcel remain permanently attached to the farm. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. Community Preservation Funds will be used to acquire the easement plus acquisition costs. The purchase price is $65,000.00 (sixty-five thousand dollars)per buildable acre, estimated at$505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination,plus acquisition costs. The landowner has 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. DRE Public Hearing Walker/McCall June 1, 2021 page 2 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I do have a copy of the public notice and affidavit of publication in the Suffolk Times and on the Town Clerk's bulletin board. I have a letter from Melissa Spiro, the Land Preservation Coordinator: "As noted in the hearing notice, the 7.9 acre farm is located in Cutchogue. The town is purchasing development rights using Community Preservation Funds. The map shows the location of the property, the area of the development rights easement acquisition and the development area. Light green indicated the town PDR properties and dark green indicates county PDR properties. Further to the east, in blue, is town owned open space known as Down's Farm Preserve. The landowner, Russ McCall, is well known to the town as he has sold development rights before and has helped to facilitate the preservation of other lands. The preserved farms to the east and west of the subject farm are owned by the McCall family. The subject farm is 7.8 acres, smaller than typical farmland development rights acquisitions, however, preservation of this farm connects 2 existing preserved farms and results in a block of just under 120 acres of preserved farmland. The Land Preservation Committee and the Town Board supported the project with a development area and as part of the acquisition, the separate tax parcel shown on the map as a development are will be restricted in a manner that requires it to always remain attached to preserved farmland. The landowner has offered the development rights to the town at a purchase price below that of the town's appraisal. The Committee and I would like to thank him for doing that and also to extend additional thanks for his past and most likely future participation in conservation efforts. The Land Preservation Committee supports this acquisition as presented and recommends that the Town Board proceed with this acquisition.' SUPERVISOR RUSSELL: Would anybody like to comment on this particular local law? (No response) This hearing was closed at 5:03 PM Elizabeth A. Neville Southold Town Clerk S E Q R A P U R C H A S E R E S O L U T I O N RESOLUTION 2021-4;62 ADOPTED DOC ID: 17073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2021-462 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 1, 2021: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP on the 1 st day of June, 2021, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified SCTM #1000-116.-1-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road (NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25); and WHEREAS, the proposed acquisition is for a development rights easement on a parcel consisting of approximately 7.78± acres (subject to survey). In conjunction with the purchase of the development rights easement, an adjacent parcel known as 21380 NYS Route 25, Cutchogue, NY and designated as 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. Upon closing, the Declaration of Covenants & Restrictions will be recorded simultaneously with the Development Rights Easement. The exact area of the acquisition is subject to a Town- provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $65,000.00 (sixty-five thousand dollars) per buildable acre, estimated at $505,700 (five hundred five thousand seven hundred dollars) for the 7.78± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The landowner has 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; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program Resolution 2021-462 Board Meeting of June 1, 2021 ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by WalkeriMcCall, LLC and McCall Family Holdings Limited Partnership LLLP, identified as SCTM#1000-116.-1-10. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Nappa, Dinizio Jr, Doherty, Ghosio, Evans, Russell Updated: 6/1/2021 3:48 PM by Lynda Rudder Page 2 OFFICE LOCATION: 0f SUUjy� MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Southold,NY 11971 G • Q Telephone: 631765-1938 �aty�UUNTY,Na LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board JUN - 3 2021 From: Mark Terry, AICP Assistant Town Planning Director LAND LWRP Coordinator Town of SoutDEPT Southold Date: May 20, 2021 Re: Proposed Purchase of a Development Rights Easement on a property owned by Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLLP SCTM#1000-109.-1-10 This proposal is to purchase a development rights easement on property owned by Walker/McCall, LLC and McCall Family Holdings Limited Partnership LLLP. Said property is identified as SCTM #1000-116.-1-10. The address is 21657 Main Road (NYS Route 25) in Cutchogue.:The property-is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Main Road(NYS Route 25) approximately 1063 feet easterly from the intersection of Locust Avenue and Main Road (NYS Route 25). The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the recordsavailable to me, it is my recommendation that the_proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at(631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator EEIVED Short Environmental Assessment Form �— MAY 2 ® 2021 Part 1 -Project Information Southold Town Instructions for Completing Planning Board Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: TPDR:Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLP Project Location(describe,and attach a location map): SCTM#1000-116.-1-10 21657 Main Road,Cutchogue Brief Description of Proposed Action: Town Purchase of Development Rights Easement on parcel of 7.78+/-acres for agricultural purposes. Name of Applicant or Sponsor: Telephone: (631)765-1800 Southold Town Board E-Mail: melissa.spiro@town.southold.ny.us Address: Southold Town Hall,53095 Main Road City/PO: State: Zip Code: Southold NY 11971 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 7.78+/-acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 7'78+/-acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑✓ Rural(non-agriculture) ❑ Industrial ✓❑ Commercial ❑✓ Residential(suburban) ❑Forest ❑✓ Agriculture ❑ Aquatic ❑ Other(Specify): ❑✓ Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ Fv], ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑ NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ ❑I✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? ❑ El- b. b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? RI 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: El F-1 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: I❑ ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Adjacent to parcel with wetlands.Project is to purchase the development rights,no impact to the wetlands. �' , Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline -❑Forest-- ✓❑Agricultural/grasslands ❑✓ Early mid-successional - ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑ ❑ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, RI ❑ a. Will storm water discharges flow to adjacent properties? ❑ ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑ ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: ❑ ❑ 20.11as the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed) for hazardous waste? If Yes,describe: ❑ ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Melissa Spiro Date:5/19/2021 Signature: M6"- Title:Southold Town Land Preservation Coordinator i PRINT FORM Page 3 of 3 I Agency Use Only [IfApplicable] Project: Walker/McCall,LLC Date: May 20,2021 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Short Environmental Assessment Form prepared by Southold Town Land Preservation Coordinator dated May 19,2021 I a I I Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑ Type 1 ©Unlisted Identify portions of EAF completed for this Project: ©Part 1 ❑Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information SEAF and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: ❑✓ A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Walker/McCall,LLC and McCall Family Holdings Limited Partnership LLLP Name of Lead Agency: Southold Town Board Name of Responsible Officer in Lead Agency: Scott A.Russell,Supervisor Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date:. ,SJ a-1 Signature of Preparer(if different from Responsible Officer) Date: For Further Information: Contact Person: Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail: Mark.Terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.aov/enb/enb.html l PRINT FULL FORM Page 2 of 2 E N V I R O N M E N T A L S U M M A R Y Doroski, Melanie :rom: Abigail Wickham <awickham@wbglawyers.com> lent: Monday, November 15, 2021 1:22 PM To: Spiro, Melissa Cc: Doroski, Melanie Subject: RE:WalkerMcCall Phase I ESA Report, letter from Russ John Elak has advised Russ that the old tractor and shipping container have been removed from property. We have a couple of title items that we are cleaning up but would like to put it behind us so will try to finalize that this week. Gail Wickham Wickham,Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565(Fax) awickham@wbglawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e- mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please immediately notify the sender at 631-298-8353. From:Abigail Wickham Sent:Sunday, November 07, 20218:04 AM To: 'Spiro, Melissa'<Melissa.Spiro@town.southo Id.ny.us> .c: Doroski, Melanie<Melanie.Doroski @town.southold.ny.us> Subject: RE:WalkerMcCall Phase I ESA Report, letter from Russ I responded to the wrong email. These items are scheduled to be removed this coming week; will advise. Wickham,Bressler&Geasa,P.C. 13015 Main Road P.O.Box 1424 Mattituck,New York 11952 631298-8353 631298-8565(Fax) awickhamPwbalawyers.com This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed.This communication may contain material protected by the attorney-client privilege.If you are not the intended recipient or the person responsible for delivering the e- mail to the intended recipient,be advised that you have received this e-mail in error and that any use,dissemination,forwarding,printing,or copying of this e-mail is strictly prohibited.If you have received this e-mail in error,please immediately notify the sender at 631-298-8353. From:Spiro, Melissa <Melissa.Spiro@town.southold.nv.us> Sent: Friday, November 05, 20218:07 AM To:Abigail Wickham <awickham@wbglawyers.com> Cc: Doroski, Melanie<Melanie.Doroski@town.southold.ny.us> Subject:WalkerMcCall Phase I ESA Report, letter from Russ Hi Gail, Sack in June we discussed the Phase 1 Environmental report, in particular the non-agricultural debris and the .;torage container with tires. We left it that you were going to discuss with Russ and send us a letter, either stating that it was cleaned up, or that Russ intended to clean it up. 1 You may have sent this to us, but we can't locate it. Please let me know that status. Thanks, Melissa From:Spiro, Melissa Sent:Thursday,June 24, 202112:20 PM To: 'Mary Wilson'<hamptonscounsell@yahoo.com> Cc: Doroski, Melanie<Melanie.Doroski@town.southold.ny.us> Subject: RE:WalkerMcCall Phase I ESA Report Hi Mary, Just off the phone with Gail. Had to speak to her about her application so brought up McCall. She said that a clean-up was done prior to Russ buying property. She said she walked the property looking for environmental concerns and didn't see any. I said that Cashin didn't find anything. I said the report did show some non-agricultural debris there and the storage container with tires. She said that she would send the report to Russ and would ask him if he intended to clean up. I told her that we most likely were not going to require any clean-up but certainly a letter from Russ saying he was going to clean up (if he intends to do so) would be good. So.... please send the report to Gail. Melanie is not in today, but I'm pretty sure that she sent it just to you and not to Gail. Thanks! 2 PHASE I ENVMONAHNTAL VIII ASSESSMENT for the property located at: 21657 Main Road (NYS Route 2 5) - Cutchogue, New York SCTM # 1000-- 116.- 1 - 10 Owner: Walker/McCall LLC and.McCall Family Holdings Limited Partnership LLLP prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54375 State Route 25 Southold, NY 11971 -0959 prepared by: Cashin Tta�Hauauge��New rvices, Inc. Engineering • anion Management 1200 Veterans Memorial HigYork 11788 - (631) 348-7600 JIME M 2021 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 21657 MAIN ROAD (NYS ROUTE 25) CUTCHOGUE,NEW YORK SCTM#1000-116.-1-10 OWNER: WALKER/MCCALL LLC AND MCCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLP EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) prepared for the Town of Southold by Cashin Technical Services, Inc. (CTS) for the subject property located at 21657 Main Road (NYS Route 25), Cutchogue, NY. The subject property is an approximately 7.78 acre parcel proposed for a development rights easement. The property is currently comprised of active farmland with woodlands along its east and south portions. No structures are present on the easement area. The field inspection was conducted on June 15, 2021 by an Environmental Professional from CTS. CTS accessed the property from a driveway extending from Main Road. Site access was arranged through the attorney for the property owner. The site inspection did not identify any recognized environmental conditions for the subject property. Based on the review of the available historical data for the past 59 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. The property has consisted of a farm field and woodland throughout the time period, with no buildings or structures present. Until its relatively recent sale, the property was reportedly owned as agricultural land by the same family for several generations. ES-I Cashin Technical Services, Inc. The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases were determined not to be concerns regarding potential environmental issues for the subject property. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issues were found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs) None identified. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from ES-2 Cashin Technical Services, Inc. pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Old Farm Equipment: The east portion of the subject property consists of woodland containing various pieces of old farm equipment including one tractor. A storage container is also present filled with old tires, plastic containers and other items. No suspect hazardous materials were observed with the materials, nor was there any soil staining observed in vicinity of the old farm equipment. The presence of the debris does not represent an REC, but clean-up of the site would require proper removal and disposal of the old equipment and materials. Irrigation Well: An irrigation well is located in the wooded east portion of the site. There was no pump, fuel tank or other equipment at the well location. There was no evidence of any soil staining or impacted soils in vicinity of the well. No action is recommended at this time. However, if the well is abandoned and no longer going to be used, it should be properly closed in accordance with NYSDEC closure requirements. ES-3 Cashin Technical Services, Inc. Photograph #1 -Access driveway leading to subject property from Main Road. Photograph #2- Gate on access driveway leading to subject property. Mobs Photograph #3- North boundary of subject property showing gate and fence. 21 CTS.002 Photograph #4- North boundary of subject property. h. Photograph #5 -Center portion of subject property facing to southeast. Photograph #6- Northeast corner of subject property. Photograph #7-Wooded area at east portion of subject property. OWL { . Photograph #8- Small vegetable garden at northwest portion of Milk subject property. Photograph #9- Fence and second access gate near northeast corner of subject property, adjacent �` wetland area in background. t TA j :' & ;fig �,.. ,✓4> "� � - ,A•; plies' c �, tl ' 44 . T ° .. Yr.. Awl ., L. rreY.. .' r w ti• f. iw *a a IV k: x 1 ar s OP g t ' t Photograph #13- Wooded east portion of subject property. r yyyy ` t+ Y W ' R I { y a^ Photograph #14—Tree stand for deer hunting on east portion of site. ��.. �✓�.�!Xr.,¢ ., lM�f'TrT'yat .� .... -+T'' r�.-f�:f. -�.. yu...{`�Ol.IIN F,_ �`-' . .. c s ' Photograph #15- Discarded water tank and cut-off tire on east portion of site. Olt Photograph #16- Creek on property adjacent to east side of subject �,�-•� � '�•r' Sia y ff • ••- KNEW t x vv Photograph #17- Construction material including concrete blocks, fence posts in wooded area on �y east side of property. N. No +�..�.t.-w. ``Jlir$"`Y7. ....a+'•.. .a: . .#� .. �� 3�:?� _ '.9"K. di ;e..&i:� rC; ' x 9 Photograph #18-Old farm r Yak .4, ►y� equipment on east side of property. MAC Photograph #19- Boat and boat trailer on east side of property. a'>A , Photograph #20- Old farm equipment on east side of property. ,,y. w t S Photograph #21 — Old farm equipment on east side of property. rte....' Y. Photograph #22— Old farm equipment on east side of property. Photograph #23-Old farm equipment on east side of property. . _ A f Photograph #24- Storage P. container on east side of j property. A : a Y Photograph #25- Inside of storage container with tires, plastic containers, and miscellaneous debris. .4" Photograph #26- Inside of storage container with tires, plastic containers, and miscellaneous debris. r Photograph #27- Irrigation pipes stored on east side of property. s •� � ►; Photograph #28-Old farm aA y M • k 4 equipment on east portion of t •;� ' ' property. Photograph #29— Southeast corner of subject property. spa, --ttvv Asx �+' •'� _ �Ai►1! .. ';oJ�Yi�+� . ..,t .'�.� s-' .,.. .» e.,A < t- �. . ac. ':I.a sc`a.. z� ;'.Iv6r4�v', Photograph #30— South portion of subject property. � - ► - Photograph #31 — Subject property facing north. a$� _ a....��Ss'�t.+f.rexsti.M�• "."'-_��.d�.i�c��,., 'd'a'is- '-La%a� .�.� '� .. Photograph #32- Subject property facing east. Photograph #33- Southwest portion of subject property. A Photograph #34- Fence line at southwest portion of property "- with adjacent property in background. 'Ca b��=rc �� +�r _�r�5. .., a..� '�, �.. ., nN�ra� �"'�.��s'-,` � �.Y'�• �r�:. -a�'+�i . WIN, Photograph #35- Southeast corner of subject property. kirIAW. ' It 4 iii I IpI +�} ! epM. .p QY Photograph #36- Old tractor on southeast corner of subject property. s Photograph #37 - Irrigation pipes on southeast portion of property. p Photograph #38- Miscellaneous _ metal debris on east side of A�. property. Photograph #39- Concrete blocks on east side of property. 11110, f Y r _ . x Photograph #40- Irrigation well head in wooded area on east side of property. No fuel tank or equipment present. K Photograph #41 —Anther s Y view of well head on property �, .-�Y� , ;•, -, , �� showing multiple well points. y,,��.�/' �� ♦ 4 .:� fad..:. c° P� .� *'A'�L�..;� A� �:♦: ��t / wt a• e , f• + _ a Photograph #42—Cows that graze on subject property. V � E ■1 E a> Photograph #43— Main Road ` _� •----+� facing east from subject property. I i Photograph #44- Main Road facing west at subject property. � 4.,.:., � '.;;.. , •. �y'�tyi�� `� III�1e4�Iuj � �� Photograph #45- Residence adjacent to north side of subject property. �. -1l r Y Photograph #46-Garage on property adjacent to north side of property. H I s a Bey r �E 6A �. � � Photograph #47— Old farm equipment next to garage on adjacent property to the north. NAI i ....- .. Photograph #48— Old farm 'k equipment next to garage on adjacent property to the north. ,rG i + t '"A i� �r Photograph #49— Barn adjacent to the north side of property, ' 4 ' fence line is approximate property line. Photograph #50— Property adjacent to north of subject 9� property. ba Photograph #51 — Residence adjacent to north side of subject property. Photograph #52- Property adjacent to northeast portion of subject property, wetland in background. ky I e V� .S Photograph #53- Residence on property adjacent to south side of r� subject : E pro perty. , i a;t'•r ., P I B PIC `HaB PIA CpA , CpE r HeA PIA RdB PIB RdA y VV Rd B PIB . PIC Tm CpA PIA PmB3 Rd B Su Rd B RdA Y RdA dB PIB » , -� PIA .. Tm PIA T PIC (9 FIJI +� , o �.�lfo� -of�l•P�o a ,o t��s�' o �o � �� oil - • . • • - M w x r r , e 7TT Legend DS FC FM HM Im sm �y 40 N� k y, � � 1 �.. 4`4 t rd ^•� a 4 . ,• e ar., ?i.i'�" f x�• '• �•• .• i s P- 7 Ak E 6-1 , 0 � F Legend i • t r M• f yx a �, J.•, �„ s� 0 IAAC•Yaff0 L`r-C. '0 0 .0 lhmm W, oG�<Fw-,1 C nnn c i 0 s I N G S T A T E M E N T 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 t 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 ,t TOWN OF SOUTHOLD, VENDOR .04031 WALKER MCCALL, LLC 12/27/2021 CHECK 147583 ; FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT M CM .8660.2 .600 .100 1000-116. -1-10 DEV RGHTS 504, 634.00 ' --- TOTAL 504, 634.00 i r i I f ?� UI f• �.jyi y. ....� t•. I , ` ' I • I , I I i I i I -------------------------------------------------------- ' I • • • • • • • • • • t i ^1`'^1J>✓`.'�.`�^« .'J'I'JJJ�'All g 't'- b r r. !. 1.I.O�f,!.f f.i.•y.'+.,r f. ..l.,l,t.d.,t`.•i S:a 1. .1 1. ,•,1., i OU`� �D —.�'` �OF`'a 7f�' I :5 09 :MAI 3 ,ROAD'.PO'901,19".v X `t . .. .. r. .:.. : .. ..... ...::•.:.. :.SOUT OtD;`NY^7:197:9=0$ 9` C !`:.' f•J' I .ir,� :Fs� 1'�tt:=1f .x(;17 '.I,r. ' ,t `.' .,: •,'1�',v:' ',r ,I•Ya �lr :;i':,it'y - ; I :��Y ^;f, =THE'Sl1FF.0�:K,C.O:,NAYON ANK` -DATE .' ; I 1 �i •1 `{' '4C ,. ',t' ,.� 1 CUTCHOGUE,,N\''1'7935 ',ti ',i'' ,1 : P''' :i .,-t•J'Y :� �d,l .+S':L,1 „ - - -f"f" l.'r• ':L +,:1��ii qtr f.: 'F +Y, •.4•'•r•! ,7, f r. F.. ..t' `�e:'.'''"r"�"%`� 'Ei':�r:; ,:d, J;:/' ':ra,,Lt 5(.;:"•:;i:�:i!- ,(., ,;,>.. Y•a ,. .L. .e��,,1t. &R —.0.,TIiOT7SANp::SIX'<I�t7nI�REI ;:=.iFI:T ' Y FOLTR:,ANI3 b`01�0•.,DOI;TS r`.r;f;,.r;�.,a;�'` r i ,: 1 ,f. , t rye + +' .t�� r•.� , I,d I it , i + t. - "i a,: �r~7, fid:�A•:�i tt� 4•.':.,. .Lt S. i `t 1T'E r. } .. 1 'AY ,.-WALKER._kdALL•; ,LLC ,t }y'y. 41 S :•ii lot''a,i'..:. .:,r:, _ .t roo., , '.+'. Y t! 11 t ,1'•,;1. .5,1:1`.,P. FQ THE': F 'f. a-•...: i - J :a _ -13C � A i( 5. il� t 1 r• •! I RDER:.an, UTC�fib;-G E 'NY"r'11'93:5' OF` 1 il■ 147583118 1:0 2 1405L, 641: ..,6(3 ..000001:x, Ou■ Lawrence Indimine Consulting torp. Invoice 18 Bailey Lane. Manorville;NY 11949 Date. Invoice# (631) 979-2735 1/10/2021 1123 Bill.To ` p.,o n of Southold Department of Land Pt6kNati&i PO Box 1179 Southold,NY-11971-0959 Description. Amount, Appraisal of Property of McCall. 31000.00 Locdted.at 21657 Route2�;.Cufcfiogue,'NY SCTM#1:000=1 I6.-1,10 File#2].012 REMOVED JAN 2 0 2021 LAND PRESERVATION DFPT Town of Southold Thank you for your business. Total 53,000.00 1 TOWN OF SO UTHOLD ? VENDOR 011893 LAWRENCE INDIMINE CONSULT CORfP 02/02/2021 CHECK 144946 ' !y( FUND & ACCOUNT P.O_# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 34290 1123 APPRAISAL-ELAK PROPERTY 3,000.00 . I '`J ! TOTAL 3,000.00 f�+�2 f ' .i f �Ti'y�r _ .�;.r SFT'-.,�rJ l''i�•n`,.� 'n";; �r� y. +i •?�,:� �`+ - [ ' , I .•, I ;',. �� 4 '/:�•- ,•-.•-., •I` � f'; ;r-sem.• / li „Itt'• l1u '} p11j}uy]� I * 1 t�;•, -��- - ------------ ---------'---�. -- ----44 ,7•7�:;4��-�=_tJ'rt.�?; _li�'>•'-l -Tia---- -----"----------------------- --- _ - -- �— _ I "J' ry;+'"'•=:ice^:� I�r s I.,rt' ,., �• , h IVt f`-'Ri �-i.Zi.�y I_•;f...l ylrtit'-'i h%�,'�t;, ;+tt,,,r, _ qY,r'� �s. �I'' it te�'•fC'o`F��aM �' F=i£� ;\ I^,,, tlt��yci• L,lt"H-dNT,, 'x I•.� .I;;;�1 .., : ..,-.: i-fy '-•• E± y14'`, ..A117 +_ rQ.• �r of_, -r,'' I ;..f• 1 ' o , I I —i -- - - -fit tt,` r ��,• .� r'' ... Doll i:(`:� I +�.r',�i .,�s;:�< �.S4S�i r Vt<.,.`'�.v.:L.,�'Z�r�`:LQ.i:r_1k a::�-'u{�(��, � o<.�: e'' n' o ,t-.r :'(� 0 1=e °�.. 3.. .1^':i>'L`�" ,r.a I .✓r TOW1V'OF-SO.UTHOLDUDZT2-1-, 53095.MAIN ROAD,PO BOX 1179 �A ,2/-2� _ ' - SOUTHOLD,NYA 1971=0959 - �'''•'' ', f "••' .,• - CHECK'•;NO�:�.14'4-g'46';.-;� ,y THE SUFFOLK•C0'NATIONAL BANK' ,- • 'CUTCHOGUE;NY 1.1935• ,DATE . ' • .A.MO UNT-: '20 �3.};:Q'QQ:�.002 .02•/ 21 50.545121'`4'' THREE::T 6U! AND;AND 00/-100: DOLLARS,- " 515FF014-y-- P.4 Y 4;-•AY -LAWRENCE INDIMINE'CONSULT CORP i 1'Q 7'tlE. `18 `BAIL'EY AVENUEORDER O1 . nkNORVILLE NY 11949 ire" _ _ � - - -• ' - , ii' �449Eii' i:0 2 11,054E4o: 63 000004 Oii' ` ' PECONIC SURVEYORS, P.C. Invoice SOUTHOLD,NY 11971 PO BOX 909 Date Invoice# 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/TEXT FROM PL/SCTM 1000-109-01-37 1,800.00 1,800.00 &SCTM 1000-116-01-10 5,200.00 5,200.00 F7�-E - ED�GD N OV - 9 2025 LAND PRESERVATION DEPT Town of Southold Phone# Total $7,000.00 631-765-5020 ;gym:�;,;t K4 J z' •.,-. >• '�' L�•`z�- -:::fes® .-'-:;� •'•;{:i`?, �.,= .,_ ��'�;:'. . . \ TOWN OF SO UTHOLD / : r -- I VENDOR 016144 PECONIC SURVEYORS, P.C. 11/16/2021 CHECK 147268 I ., I ; y A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 35527 -'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, 800.00 I {P; TOTAL 7, 000.00 I ------------ ilt •I.�_ -- .v ill�'� �'�A, _-_ � 1 ' � : T" ,-'�,��'��:- .�.rr�--:+.+-�-';"�r_"Nom. - .�• a `r2 j .. �03 ,i f, a a}vy F,- R ;•3 w te=a`",'I ify'• .a,. :'.{j{��• L 1 r]J�c(e '�Y`F ? .�!7n1_�.!r'lr r ! g.`'y�j �7•_.+y�•i �I?•:rr�r.-Fr'I =•� f\( I�'- �;• '�:'r, . .' - -�,' �.•• fes_ . I 1 rJ• a i : `�Yt�•3-�. „'.'TL's i i •.-% I t•`= '<i •\ n. 1 sk,W I l I t',�• •�t� 1 . ` r �,1,i ------------------------------------------- .1 �- :riff I o f m e• c • o • p s • ARM" , 1. = v '- SUIROL DTOWN.OF .. - .•.=`-i i/i6 53095 MAIN ROAD;P,0 BOX 1179 ,3 ,: ,""•,\'•,:'� `•' ' :i SOUTHOLD,:NY 11971:0959 CHECK',-NO;.,-147,268; I THE SUFFOLk'CO.NATIONAL BANK •,,, I t��, CUTCHOGUE,NY 11935: +I�,%DATE•• •., :L'*\'+' °AMOUNT;.i' s7 � itv',, - •, - - - _- `.r - -%. -.\: - ;i,:' .t•i5 i y�zS ri.�+ I'•:: SEVEN. THOUSAND :AICD, OO/10'0 ,DOL'LARS _ ;�- <+'• 'ei 'f' .•i% .LSI!5�,\ FD � c .F •--I AY.:. PECONIC SURVEYORS, P.C. S, o - :r, t',.•:,• ;k: '`a I OTHE- `-12,3'0 'TRAVELER STREET. - ':v-: 'T><' -�' ;'•a:; °,;,, I;xqw '<; OF :PO j3OX 909: �� ao� ,• SOUTHOLD:NY 11971 ll' ` , 7268,u' i:021 ,051-. 6i; 63 000001-, 0a' ,.. Cit hin Technical Serviceex 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 GSC C�f�DMG® JUN 2 2 2021 LAND PRESERVATION DEPT Town of Southold TOWN OF SO UTHOLD ' VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 06/29/2021 -,\ CHECK 146035 ?` A 5: FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMID NT i {� ' I ' CM .8660.2.600.100 34297 521001C PHSE 1-ESA WLKR/MCCALL } 1,100.00 P> =S TOTAL 1,100.00 ; i{ iz tit i I / '�,� •' �'.1:. :rte 's'„'w: ^` , I i( Irs ' {R .any <ri r X71 r H1{: • 0,.�___.y�� :.. _.._ nzF'.i- ?', '.tt_ •n.�,��,I I r +'�T4 Iti.�y7+IT :rt. ef�a•'1T2�r„2��i -� �ti� .. t:1� I �.,� � {�''�P*?=`'�'i�'_'i �4a+ctJ;F�"�',s'�±�,�"lty�'f''a.'•�' -_^Y3}�F' i� b�, $.I ,�''f � 'ice 5, •�:��, el3 7f.Y` ��a �",?`v' �. -•! 's^': 11.a ','"`TX? �ni,,•�. b C .�:,.i-ti�-ir_'17;i, Y (�' i••. � ;.;.}' ._TIt � -�`� I 'F:s�y'1 Y •�'F to ,�r' � `�,. 7:Q I t ".� I ,.p”-� ,?�,�.. 9� .O�V'J I.P•+:.u... �.. � 4 _N. �._ '7� ��'� j..^ ll. �s - ;e :,�,• TOWN OFSOUTHOLD AUDIT `5,%29%2 021'.-- 53095 MAIN ROAD,PO'BOX 1179 sourHOLD,Nr 11s71-os5s CHECK'.NO. 146,035, THE SUFFOLK CO.NATIONAL BANK ' CUTCHOGUE;NY 11935DATE" AMOUNTr 505401214. 05/29/2021 1'i.10.0:..OQ' ONE THOUSAND ONE"HUNDRED•AND' 00/ 10-0:-DOLLARS-- PAY... 0-0`DOLLARS-_PAY.• CASHIN.:T204NICALSEP-VICES, _INC o TOT/fE._ 1200 VETERANS MEMORIAL HIGHWAY v' ORDER' HAUP PAUGE NY 11788 11, 60 3 5o j:0 2 140 5 i,6 41: 6 3 000001, Oils � i , DEC 2 2 2021 7404-011725 Fidelity National Title Insurance Services, LLC 24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE PHONE:(631)727-06001 FAX(631)727-0606 []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 Mortgage Amount: $0.00 . . w v V ,.r...`':'t, r "e .�." �" t i ,3' tau .�w-+.,; ,l ,z-- ,i r •.OMPAN I CH/rRGES .,,, � 4�"V'WK�,, Amount:t . ,Bu 6- ; Fee Premium$504,634.00 $2,049.00 Notary fee to closer $275.00 Certified Copies(2) $20.00 Total Company Charges: q*";.,'` t.c. a' y.atIx" €� "'�q .t:,'�rc. .2.�$+� * tr :7€i .5@llBr' R ;�p�''" "€' .'33t` RECORD t1G TAXES. ,." q tom.« .Amount:, �.w. : dBu er s„� 9 2 Lender: PF Tax Exempt Conveyance Tax Exemp Total Recording Charges: ECORD KG$CHARCES � _ '* ,Amount arj ` Bu_e� E ft x� � Lender: Grant of Dev.Rights Easement with $490.00 certified copies(24 ages) Declaration of Covenant and Restrictions $420.00 with certified copies(7 pages Release of part of mtg prem $305.00 Total Recording Charges: $910.00 $305.00 ' ”-}1:5' ' ;G`�. .IJ §�j1 �""'�.�,�-.."` r I r. - °�-a *�'�,'+}- "'' 't �3,,�' .ri r� ' ."' 7 v ESCROWS&EXCHAN,G,E'S1 ESC,s _ � aAmount: r- {� FB. ,er, OIL ;01, Total Escrow&Exchange Charges: ' '^' t a . R" s � m . $3,25400 ' 305`0 ` `OTAL�CIiARGE$ __.xReX. HECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC FrOm.:�sc.��l ..a .a ,� .,�`3£�;�. `� � .Ii,1�Ckt�O-4z§fSc�r�s'- .�F�S :�wlkvt. :_as 2,t11.O.Unt Total Checks DIST?ALL OTHERICHECKS t' 1 s� ® ' 1 ,' off,# ' a T a § 1 � r ' `�* ;07"'ti'§,�tr^.*.a^a *` Ns,.*wr Y�i._ `{y r,. .fes} F 0� � sCOm ,1R,ta U2;s:,'?"id., otal Other Checks $ lt OTAL COLLECTED� u. �� _ . _ n n Vis" ' �A ,,*C r NY Title BIII Page 1 of 2 (7404-011725140)December 22.2021 09:48 AM ESTIMATED CASH SHEET Date: 12/22/21 Closing Date: 12/27/21 Title No.: 7404-011725 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 ISeller Attorney: ickham,Bressler&Geasa,PC. Seller: Walker/McCall,LLC ales Rep: IRob 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 Regarding 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 T.H.BSI Page 2 012 (7404-011725140)December 22,202109:48 AM m �. "s'Z : 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 _01 >` E (4 t 1 I J � • I t ..TQWNQF:SO.LI-THOLD �•AUDZT; ia714/a02,1:_:;::', :... , THO DINNYO.i'797.1=0.9591179,'• •. .• 5309 4:7 4 2 2 _ sou _ _ _ CH�CK;�NO:.. `THE.SUFFOLK COiNATfONAL BANK CUTCHOGUE,NY 11935 DATE',:'; ,. ,/ _ `1 i.l� .rel. .1 o'`i o 'D' LA'R ` 2 o F: :THR�EE��'THOUSAND •T4vx0 HUNDRED:.:�'2FTY='�FOUR:;:F�ND';:d 0 QL . �1 f� 4Ys FI1?F4TTY -NATIONAL, TITLE a ; E I�ISURAN,CE SEEVIGESi LI,:C' i RDER . `..24 COMMERCE DRIVE` OF RIVERHEAD , • Un It, 7l-, 2�2in 1:0;2 L405464�: 63 000004 0ii' R E SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Recorded: 01/21/2022 Type of Instrument: EASEMENT 10 :36 : 02 AM Number of Pages : 25 At: Receipt Number : 22-0009528 LIBER. D00013139 TRANSFER TAX NUMBER: 21-20822 PAGE• . 159 Section: Block: Lot: District: 1000 116. 00 01. 00 010 . 000 EXAMINED AND CHARGED AS FOLLOWS meed Amount: $504, 634 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 . 00 NO Handling $20 . 00 NO $5 . 00 NO NYS SRCHG $15. 00 NO COE COE $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 i c- ► GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the qT11 day of 2021 at Southold, New York. The parties are WALKER/McCALL, LLC AND McCALL 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 seeti;e,T 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 z 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 l he rights and interests in connection with it and as hereinafter set forth V 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 Z 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 E.asement. 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 by titian_ .ncl_u.d_es,but need not be limited to, a survey prepared 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 t hat in the .event a t to the nature and extent of the. Grantor's controversy arises with respecof, the uses of the Property or its physical condition as other the aelevantate eor material parties shall not be foreclosed from utilizing any 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 Developmentbe ibound by it. ghts Easement, the parties agree upon its provisions, intending ARTICLE ONE THE EASEMENT 1 01 Type This instrument conveys a Development Rights Easement f thelimitations,in called the '"Easement"). ,This Easement shall consist o agreements, covenants, use restrictions, rights, its '"provisions"r,ovns ons conditions include recited herein. Reference ations, covenants,this use restrictions, rights, terms any and .all of those I 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 on consistent t term with g agricultural pro the terms of this Easement, including ag presently referenced in §247 of the General Municipal Law and defined in or Chapter 70 of the Town Code of the Town of Sou the production of "Code") now, or as they may be amended, and including of the New crops, livestock and livestock products as`defined ture in 30 (Markets Law"), York State Agriculture and Markets Law ("Agriculture 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 Easern . 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. X'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 ate ny r�ghtslobligations; a-nd interests- herein granted to Grantor 1 b �:;ra�ntee 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 the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall 6 T w » , heY-pr-inor--wr-itt-an-consent_of-Gr_a-nteei-j-n-ludina bt_nof Limited to orri'tke 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 �U ilif es_', 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 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 .08 Soil and Water r 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 Tot 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 n .y03 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/..o are conducted inn maze to the general public, provided that such activitiesrfere with ricultural conjunction with seasonal harvests, tent with do not and do not derogate from or production and are otherwise cons applicable Laws• defeat the Purpose of this Easement or other app productiontural in Chapter 70 Notwithstanding the definition chapter, Structures ucturres shall be prohibited of the Town Code or any suc permitted by the Town except as set forth in Section 4.06 herein and asp a development Code now or in the future on agricultural lands protected by rights easement or other, instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right gy.t to, as may erect,be ments on alter and maintain the followings sub ect o rev ewmprovetby the Town of Southold permitted by the Town Code. a ] Land Preservation Committee, provided the improveof this Easement or with and do*not derogate from or defeat the Purpose other applicable laws: f 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; New construction, including drainage improvement structures, provided such structures are related to or accessory to agricultural production; Renovation, maintenance, alteration, expanses builtion dor structures or structu repairs of any existing provided the permitted pursuant to this Section 4.06, purpose of the structure remains agricultural; (iv) Additional types of structures, improvements or uses consistent with th.e purposes of this Easement which arise from future developments in agricultural production or scientific, mechanical or technological advances in agricultural production. 11 ~ rovements shall protect prime B. Conditions. Any allowable imp _ - � n and otherwise be consistent with agricultural s011s. gricultural the Purpose of this Easement. he use and C. Environmental Sensitivity During. Construction. T rovement permitted hereunder shall beconsistent wit location of any imp and construction of any such the purposes intended herein, .and shall minimize disturbances to the environment. erantost rmlwa e or runoff, erosion and sediment control measures removal- of vegetation, minimal _ ction including but not limited to mini movement of earth and minimal clearance of access routes for eons ru vehicles. rovements. In the event of damage resulting D. Replacement of Imp existing. casualty loss to an extent which renderrnslrepair ursuant to this Section from rovements built or pe general improvements or imp arable size, use, and 4.06 impractical, erection of a structure of comp design to the damaged structure shall be permitted in kind aapprovaldthiin the ame general of location, subject to the ions of the Town Code. s g licable provis Grantee, pursuant to app 4.07 Notice notify Grantee, in writing, before the construction of any Grantor shall n y Gra tee, as permitted in Section 4.06 herein and permanent or temporary s approvals that necessary applications and obtain awn Codeaandp hall provide shall file all the To may be required by this Easement or by applications. documentation as may be required for such app 4.08 Alienability. mortgage or lease all of its Grantor shall have the right tbconvey, ubject to this Easement. remaining interest in the Property, interest in tl notify Grantee of any conveyance of any transferee, Grantor shall promptly address of any the Property, including the full name and mailing any such conveyance. The and the individual principals thereof, spec fically set forth that the ation instrument of any such conveyance _ without modif►c conveyed is subject to this Easement, interest thereby -liber and e terms of this Easement, and shall incorporate this or amendment of the for the date, Easement by reference, specifically setting Such instrument to comply of the recording hereof. The failure of any page s her shall not affect Grantee's rights hereunder. with the provision 12 3 - �� 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 i' into or exercise of rights under this Easement, excepting any o 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 maybe 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 Granto_r.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 vi-olation 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 -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 t rrobligationbdefault under or violation of any term, condition, covenant o this Easement. Grantor shall pay either directly or byoreimbursement incurred by all reasonable attorneys' fees, court costs and expenses proceedings Grantee (herein called Legal Expenses") in connection with any p 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 i within thirty (30) days.. 15 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 §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to. meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 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 limita_tims_pla_ce"-o_n__th_e_a.l.i_en-a-tion 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 r IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement o_n the day and year set forth above. ACKNOWLEDGED AND ACCEPTED:, WALKER/McCALL, LLC, Grantor By: Rus ell C. Mc Man ger ACKNOWLEDGED AND ACCEPTED: McCALL FAMILY HOLDINGS LIMITED PARZussl-1 LLP, Grantor By: McCall, Manager_ ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee By: Sco A. Russell;.Supervisor 20 'STATE OF NEW YORK) COUNTYOFSUFFOLK) SS. On the d y of December, in the year 2021 before me, the undersigned, personally appeare RUSSELL C. McCALL, personally known tome 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 ndividual(s), or the person upon behalf olftvhich the individuals)acted, executed the instrument, i � A 7,�Signatur%ffice of individual taking acknowledgement DONNA Mc6ANAN Notary No bol New York MC4S51459 Qualified in Suffolk county101/' STATE OF NEW YORK) Commission Expires Aug. 18, COUNTYOFSUFFOLK) SS.• On the day of December,,/n the year 2021 before me, the undersigned, personally appeared ,personally known to me or proved to me on the basis of sat/sfactory-evidence to be the individual(s) whose name (s)is(are)subscr/bed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(/es), and that by his/her/their signatures) on the instrument, the individual(s), or the person upon behalf of which the/nd/v/dual(s)acted, executed the instrument. Signatur%fce of individual taking acknowledgement STATE OF NEW.YORK ) COUNTY OF SUFFOLK ) SS.' ,On this a 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 individuals) whose names)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(/es), and that by his/her/their signature(s) on the instrument, the /ndlv/dual(s), or the person upon behalf of which the/nd/v/dual(s) acted, executed the instrument. Signatur% ce of individual taking acknowledgement ROBERT DEFRESE NOTARY PUBLIC,STATE OF NEW YORK 21 Registration No.01DE5035117 Qualified in Suffolk County My commission Expires October 24,2022 ,-,'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; Printed: 11.10.21 @ 01:55 PM Commitment for Title Insurance NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 Schedule A-1 Description g. ;NATIONAL TITLE INSURANCE COMPANY TITLE N0. 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 Printed: 11.10.21 01:55 PM Commitment for Title Insurance NY-FT-FRVH-01030.431004-SPS-1-21-7404-011725 Schedule A-1 Description _...___..---..._-...-._._..__._.. .._ ._...... ..........._____........-'- -' -..........................----------____._-..._....._._L-'-- —......__.__._.._- . 'SURVEY',OF`PROPERTIES .I IN"CUTOHQGUE` T6*N•bF.'SOUTHOLD � . SUFFOLK,COUIJTY,'IJ Y 1000-109-01-37 . ... .. -. - - ]000'-116-01-10 . SCALE`1'-50' Moen?17.?021. MAIN ROAD (N V S`R'oule 25).. ' 6. - mr - 210p W a w. KX do .'490 I 120 ; o o. - �. '7J/O/1-SCViROEOER;;e;,' utie N Et10 .4M. 22 :: p1� : a 1 Wo � 1 n o' y yj� aoe�tOlJ�r: '7. n a I j 8 00 u w Jex''Jo•w D qREA •" i $ _ N/0/r A BIJOOR k R.PgnC �•e - CEFr.neD To- TO OF SCUn1a0 ®a OLD.°U4'P ilu WADS/UcCALL ane: CALL FFUILY NCLCttiCS LIWED PM?N0RSMP LLP rIDELLTY NA rD:VAL Ur.E INSUTANCE SCdNCES.GLC •=RfeAR ' Mc!u"E", ANY ALTERA TfON OR AOCnPON TC W.IS SURVC:e IS A tiOLA RCN Cr SECON 7209CF wr NE:V YORK 5TATE CC, CAWC;^;Alt: j EXCEPT AS PEP SEC110N 7<•i9-SOBDI As;ON 1.ALL CER.OrICATIONS " �_=•��F� .:ERECN ARE. ALIG`R lr:15 L,AP n.NO carr-5 r EF;e.^NL Y t1- PARCEL 1-S.C.TM 1000-M-01-37-ARFA-11248 ACLS S:A:D MAP OR CCPzES 6EAF TI•'f N<PPESSEO SEA_,.. ".E SVRVFYOS - Aal05C PARCEL 2-SGTM 1000-116-ai-10-AFf-A-77838 ACAE9 21-020 C O V E ` N A N T S R E S T Iz I C T I O N S 11111111111111111111111111111111111 IN 1111111111111 1111111111111111111111111 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 Aeceived 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 r JUDITH A. PASCALE County Clerk, Suffolk County PT R SW Stat I D: 4740901 14tilA1422 Tax Maps District Secton Block Lot !School District 1000 10900 0100 037000 MATTITUCK-CUTCHOGUE 1000 11600 0100 010000 MATTITUCK-CUTCHOGUE I I i i I i r I I i I i I i DECLARATION OF COVENANTS AND RESTRICTIONS 'PHIS DECLARATION,made as, the ?7 day of L"ecg /, ,:2021,by WALKER/McCALL LLC and McCALL FAMILY HOLDINGS LIMITEDPARTNERSHIP LLLP,with an address o6.0. Box 271,Cutchogue,NY 11935,hereinafter referred to as the "DECLARANT".*,3 70 13A"-T-hersu��z Rei ��TLr, 6A 30 a3 y WITNESSETH: WHEREAS,DECLARANT is the owner of certain real property situate at 21380 and 21651 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#1000-116.4-10, and shown.on a survey prepared October 12,2021 by John T. Metzger,L.L.S_of Peconic Surveyors,P.C. (the . "Survey"), a reduced copy of which is att ched hereto and made a part hereof as Exhibit"A (the 'Farm ; and WHEREAS;the Survey shows SCTM#1000-109.-1-37 to be.aparcel of land containing 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 V HEREAS,the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement datedag a,�c.......a 7,: -...o,a i.....:for SCTM#10004 1.6.-1-10; the surveyshowing such adjacent agricultural lands designated as SCTM#1000-116.4-10 of 7.7636 acres, described in the metes and bounds description attached as Exhibit"C" (the "Development Rights Easement Parcel");1 and i 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,las 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 a 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: I a N DECLARANT shall not sell,transfer, gift or otherwise relinquish ownership of the Development Parcel unless such/is wi`�NiW 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 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 Southdld,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 he 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 (\ r Ilk z9 PV By: Russell C. McCall, Manager By Russell C. McCall, Manager i I k_ STATE OF NEW YORK ) ss COUNTY OF SUFFOLK ) 1 1 On the day ofv , 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 Notary Public ' �on��, ,r►��4..x'14 vl DONNA fvIcGAHAN Notary Public. Stae of New York No. 01 vita g ��59 I STATE OF NEW YORK ) Qualified in SreSo 'o1�tY ss.; 0`,:0�, r� j Commission Exp' Aug, �COUNTY OF SUFFOLK ) I 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. I , Notary Public i i t I I I ' i I i I E , EXHIBIT "All { SURVEY OF PRaPERT1ES SOUTHOLD IN CUTCHOGUE TOWiY. OF' SUFFOLK:COUNTY,_'N.Y. - ... 10007109.-01-37" .1000-116 S001.10 $GALE:1' . ..: ocToaER u'zDsl 25) ... ' IN ROAD cNY �. W o a • d' ® ® r II�� •I Y a rl d, !• rpm r c�, � t tt` W j �. 'm � PARt3I.i • r 4 = O _. N/O/F.SCF{g0E0ER .. o Refisoo J4, "{ g N/0/F•5 Li'.kONOELLD,. 10.4 UQ1B', d x r. O ` Pi.RCE4 .�SB,101 ST. I O :Ye39.1cea � 4 0 . ! Uy 1 O i itAiA i 3 �5V00 NiDiF A.BIJODR&R.PA77L 5 J I I CERMED TO: TO Or SCUnfCLD =CLC FUUR Ac LL WALY£.*'/-CELL and:,CALL F"ILY NCLCP'CS UIITED P..RN.ERSIIF.LI FID£L!P.'NA TONAL T1T.£INSURANCE SEHWUS.LLC RE£/AR ■=I-OW"<£Ni `. I � ANY AL TCRA ADN•I.'F,.AL✓:T.•LN -C. ,.IS SUR✓c r:<A V.OIA%CN C'F SCTfON 720.9CF TNf NFW Y099 STA TC ILUCATI W;.A W. ` no : AS PEP SLC710,1 7209-511 71 S.Oh 2. A'L C R.OALA C^\� R£01 R A .F,R TPIS MAF Ah c. �F' At r•, .Au. PARCEL 1-S.C.T.M.WO-109-01- AREAU248 ACFES 37- -.�..- .11j.S'CNA T:;Rc APPEARS H[firGN. PARCEL 2-6,QTA7.1000-116-a-10-AFEA-7.7838 ACRES .21-028 ------ t �� 5g t tgEXHIBIT 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" TITLE N0. 7404-011725 �° ��IDELITY NATE COMPANY E INSURANC IO;NAL TITLE SCHEDULE A-1 r (Description of the Land) z kr `` For Tax,I�aP ID(s): 1000-116.00-01.00-010.000 AMENDED 1111012021 €_ `f and be at Cutchogue, in the Town of Southold, ALL that certain plots, pieces,tracts or parcels of land, situate, lying 9 County of Suffolk and State of New York, being more particularly bounded and described.as follows: following three (3) .herein, said oint BEGINNING at the the northwesterlyintersection on of the easterly s de of iLocdust Avenue with h the southerly side of Main Road courses and distances from the (N..Y.S. Route 25): ter) along the southerly side of Main Road (N.Y.S. Rformerloute ) 1112 feet±to the of Walker/McCall, LLCrandteasterly 1. Southeasy McCall Farri ly line of a 25 foot Right-of-way and the westerly line of land now or Holdings Limited Partnership LLLP; ds West 269.6B feet', and 2. South 07 degrees 59 minutes 00 seconds East 85.42 feet to the true point of beginning; 3. South 82 g and McCall Familly Holdings Limited Partnership RUNNING THENCE along land now or formerly of WalkerlMcC ll, LL to land now of formerly of Schroeder; LLLP South 82 degrees 59 minutes 00 seconds East 41.23 f et. or formerly of S. L. Mondello, South 85 degrees 05 THENCE along land now or formerly of Schroeder and la minutes 10 seconds East 426.68 feet to land of Ginsberg Family, File No. 10372; and distances: THENCE along land of Ginsberg Family, File No. 10372 the following three (3) courses a 1. South 03 degrees 49 minutes 50 seconds West 205.63 feet; 2. South 22 degrees 20 minutes 10 seconds West 157.56 feet; 18 de 50 feet(335.80 feet deed)to land now or formerly of A. Bijoor &R. tees 00 minutes 00 seconds West 334. 3. South 9 Pati); CE ionland now or formerly of A. Bijoor&R. Patil, North 78 degrees 33 minutes 20 seconds West 474.15 fee THEN 9 (474.00 feet deed)to land now or formerly of M. Elak; former) of M. Elak, North 11 degrees 26 minutes 40 seconds East 635.28 feet(actual) THENCE along-land now or y the West to the 636.56 feet(deed) to the point or place of BEGINNING. in oad (said ak TOGETHER with a right of way over adjoining premises of the Es aof te f J John El al nofavo of Russell C.aMcCall in Liber 1 premises known as SCTM#1000-115-8-3.7) and subject to theright 12273 Page 139,which right of way is further described as follows: at Cutchogue, in the Town of Southold, ALL that certain plots, pie County of Suffolk and State of New York, being more ces,tracts or parcels of land, situate, lying particularly bounded being bded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. R 1087 feet±southeasterly from the oute 25).distant distant ormed b the intersection of the easterly side of Locust Avenue with the southerly side of Main Road (N.Y.S. Route corner f y 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; Printed: 11.10.21 @ 01:55 PPo NY-FT-F RV H-01030.431004-SPS-1-21-7404-0117Z 30.431004-SPS-1-21-7404-01172! Commitment for Title insurance Schedule A-1 Description X14EXHIBIT "C" continued. k—EL'ITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-011725 SCHEDULE A-1 (Continued) v` f 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 T I T L E P O L I C Y ALTA OWNER'S POLICY OF TITLE INSURANCE Policy Number: 0 Fidelity National Title Insurance Company 7404-011725 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. LASDTITTLE ASSOCInTiO 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(06/1712006) 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 - 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Issuing Office: Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive Riverhead, NY 11901 Tel: (631)727-0600 Fax: (631)727-0606 Randy Quirk, President Countersigned By: Attest: Authorized Officer or Agent Marjorie Nemzura, Secretary o r' Date: .. Fidelity National Title Insurance Services, LLC _SEA t p Steven Zeikowitz,Authorized Signatory Authorized Signatory AAfERICAN Copyright American Land Title Association. All rights reserved. LAND_TIT« ASSOC TWN 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-F RVH-01030.431004-S PS-27306-1-21-7404-011725 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-011725 SCHEDULE A '45,,5r� ti Amount afetnsitrance AS 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(1%) 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. AMERICAN Copyright American Land Title Association. All rights reserved. LAND T,TLE ASSOCInTI♦lh 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: 12.27.21 @ 09:28 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) 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; AAIERICAN Copyright American Land Title Association. All rights reserved. u::D PRL .isroccnoN 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(06/1712006) 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 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 AMERICAN Copyright American Land Title Association. All rights reserved. LAND TITh AMOCIATIV\ 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-SPS-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. OM-4- 2. M- 4-2. 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., CDv1-Lt/ 5. Company excepts sewer charges that have not been specifically included on the tax report herein._ 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 AMERICAN Copyright American Land Title Association. All rights reserved. UND T_1 LE ASSOCGT:ON 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 NY-FT-FRVH-01030.431004-SPS-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. AME- Copyright American Land Title Association. All rights reserved. LAND TITLE SSOCInTlO,� 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. -Vit 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 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. Q) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i)in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. AAi@RICAN Copyright American Land Title Association. All rights reserved. uD T r« 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-FT-FRVH-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. AAt I:RICAN Copyright American Land Title Association. All rights reserved. LAND TiTu MSOMT10K 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. let 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 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. L+_�= The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as - s 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 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: 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 POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy Number: Issued By: _ Fidelity National Title 7404-011725 Insurance Company When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: December 27, 2021 Countersigned By: r Authorized Signatory TIRSA Policy Authentication Endorsement(6/24/16) Printed: 12.22.21 @ 09:49 AM N Y-FT-FRV H-01030.431004-S PS-27306-1-21-7404-011725 N Y IOppNEWYORKAgriculture E OFORTUNITY and Markets KATHY HOCHUL RICHARD A. BALL Governor Commissioner March 28, 2022 Melissa Spiro Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by Russel C. McCall, for approximately 7.76 -acres of active farmland (Tax Parcel ID No 1000-116.-1-10) located in the Town of Cutchogue. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the.Town of Cutchogue its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, Kate Tylutki Senior Environmental Analyst cc: Ken Schmitt, Chair, Suffolk County AFPB .File No.: AP 22/014W Division of Land and Water Resources 1 10B Airline Dr.Albany,N.Y., 122351 518-457-88871 www.agriculture.ny.gov WAIVER co Py NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 7.7636 acres of active farmland and/or 0 acres of non- farmland, situated at Suffolk County Tax Map No. 1000-116.-1-10 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section'.305 (4)(d) of the New York State Agriculture and Markets Law, hereby.waive my right tb'.require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor: Landowner: TOWN OF SOUTHOLD WALKER/McCALL, LLC and McCALL FAMILY HOLDINGS LIMITED -PARTNERSHIP; LLLP -By: Scott A.Aussell, Supervisor By: R sell C. McCall, Manager 53095 Main Road (NYS Rt 25.) . P.O-. Bo 271 P.O. Box 1179 Cutchogue, NY 11935 Southold, NY'-1 1971 STATE OF NEW YORK) ss: COUNTY OF..-SUFFOLK) \ On-the d7 .1 day of Le«A Lc, , 2021, before me personally appeared SCOTT .A. RUSSELL, personally known .to me or' provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that -he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public ROBERT DEFRESE STATE OF NEW YORK) NOTARY PaeondoMOFN35 YORK ss. Qualified in Suffolk County COUNTY OF SUFFOLK) My commission Expires October 24,2022 On the day of Cll;�h Pt' , 2021, before me personally appeared RUSSELL C. McCALL, personally known to me or provided to. me on the basis of satisfaictory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in1. his capacity as the Manager for WALKER/McCALL, LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP, and that by his signature on the instrument, the individual, or the limited liability corporation upon behalf of which the individual acted, executed the instrument. Notary Public DONNA McGAHAN Notary Public, State of New York No.:01 MG4851459 Qualified in-Suffolk county 66mmission Expires Aug. 18, 20:a-:1 OFFICE LOCATION: MELISSA A. S PIRO *QF SU(/PTown 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(63 1)765-571 1 cn Je www.southoldtownny.gov %, MAILING ADDRESS: C��,� P:O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail lynn.lindskoog@dec.ny.gov January 25,2022 NYSDEC Bureau of Real Property 625 Broadway,51 Floor Albany,NY 12233-4256 Attention: Lynn M.Lindskoog,Real Estate Specialist 1 Bureau of Real Property Re: Conservation Easements Registry WALKER/McCAL L,LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP,LLLP to TOWN OF SOUTHOLD Dear Ms.Lindskoog: Attached please find attached a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation.Details regarding this easement are as follows: GRANTORS: Walker/McCall,LLC and McCall Family Holdings Limited Partnership,LLLP GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 21,2022 LIBER: D00013139 PAGE: Page 159 LOCATION: 21657 Main Road(NYS Route 25),Cutchogue EASEMENT ACREAGE: 7.7636 acres SUFFOLK CO TAX MAP#: 1000-116.00-01.00-010.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator _ enc. cc: Abigail A. Wickham,Esq.(grantors' attorney) N Y S D E C R E G I S T R Y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests,Bureau of Real Property 625 Broadway,5th Floor,Albany,New York 12233-4250 P:(518)402-9442 1 F:(518)402-9028 1 Landsforests@dec.ny.gov www.dec.ny.gov February 10, 2022 Melissa Spiro Land Preservation Coordinator Town of Southold Department of Land Preservation P.O. Box 1179 Southold, NY 11971 Dear Ms. Spiro: We received the following conservation easement on 1/25/2022: CE: Suffolk 0699 Grantor: Walker/McCall, LLC and McCall Family Holdings Limited Partnership, LLLP Deed: Book 13139 Page 159 Recorded: 1/21/2022 The conservation easement cited above has been identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit; however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT-242-1 (excerpt below in italics). Note:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions, for the year of the donation. Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased: •for no consideration or a nominal amount, or •for less than fair market value(FMV),provided, in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations section 1. 170A-13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit. ORTUNIRK Department Environmental o voa°rown Environmental Conservation It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions. When contacting this office about this parcel, please use the assigned conservation easement number. Sincerely, Heather Cullen Administrative Assistant T2 Bureau of Real Property OFFICE LOCATION: MELISSA A. S PIRO �pF SOUTy Town Hall Annex LAND PRESERVATION COORDINATOR �� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Telephone(631)765-5711 41 Southold, New York p� ``�Q www.southoldtownny.gov MAILING ADDRESS: � �`,t'' coutmi� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD March 2, 2022 Russell McCall Walker/McCall, LLC McCall Family Holdings Limited Partnership P.O. Box 271 Cutchogue, NY 11935 Re: NYSDEC Conservation Easements Registry CE: Suffolk 0699 SCTM#1000-116.4-10 Dear Mr. McCall: Please be advised that the Town's purchase of a development rights easement on SCTM #1000-116.-1-10 has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with this property's assigned identifier, Suffolk 0699. If you are eligible to claim a tax credit for the sale of the easement to the Town of Southold, you may need to provide this control number to the NYS Department of Taxation and Finance. Very truly yours, Melanie Dor Land Management Specialist II enclosure cc: Abigail A. Wickham, Esq. OFFICE LOCATION: MELISSA A. SPIRO *QF SO(/jy Town Hall Annex LAND PRESERVATION COORDINATOR �� Ol0 54375.State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 C#* Southold, New York 0� ^�YQ MAILING ADDRESS: www.southoldtownny.gov < `c.'` �'OO�,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 25,2022 Kate Tylutki Senior Environmental Analyst Agricultural.Protection Unit NYS Department of Agriculture and Markets I OB Airline Drive Albany,NY 12235 Re: WALKER/McCALL,LLC and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP,LLLP to TOWN OF SOUTHOLD SCTM#1000-116.-1-10 Dear Ms.Tylutki: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A.Russell and Russell C. McCall at a closing held on December 27,2021 for a development rights easement on farmland identified as SCTM#1000-116.-1-10.Details regarding this easement are as follows: GRANTORS: Walker/McCall,LLC and Walker Family Holdings Limited Parnership,LLLP GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 21,2022 LIBER: D00013139 PAGE: - 159 LOCATION: 21657 Main Road(NYS Route 25),Cutchogue EASEMENT ACREAGE: 7.7636 acres SUFFOLK CO TAX MAP#: 1000-116.00-01.00-010.000 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, f Melissa Spiro Land Preservation Coordinator /md enc. P R O P E R T Y R E C O R D S g�f 04 OFFICE LOCATION: MELISSA A.SPIRO O�Q CSG Town Hall Annex LAND PRESERVATION COORDINATOR �.Z. �� 54375 State Route 25 melissa.spiro@town.southold.ny.us p 1 (corner of Main Rd&Youngs Ave) C* Southold,New York Telephone(631)765-5711 V. Facsimile(631)765-6640 �?, • MAILING ADDRESS: www.southoldtownny.gov 0,( � 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#1000-116.4-10 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 7$2021 I 1871 MAIN ROAD (N.Y.S.Route 25) �1 maor.nur n S82990,C s� r71OT tt^^ 0 ■ v� \-9 W w� �1 yo R� 1191 9: i m 7 NIOIF SCHROEDER oN/0/F S.L.MONDELLO t 8'{12 hy 81.23 S 6393Y0•E N 6736"8'W rep m •` 126.68' le 2J MR / Yd % 0 �- L! 1 � pa 2 o % } }Z 3,6,-s F. O T.7636 Amt, �C 4 M1 � / o Iv 2 ( N 76,,a7o•W CODED•ARS 0 I �• —.-%7 W I N/0/F q BIJOOR&R.PATIL �17e '3' °®J ro CER TInED T0: TOM OF c0UTH0�c0 ®= OLD PUMP WELL WDELITY M CALL n77 LE INS FAMILY HOLDINGS L/M/7F0 PARTNERSHIP LLP FIDELITY NATIONAL ARE INSURANCE SERVICES.CLC O=REBAR ■=MONUMENT I IIANY AITERA71ON OR ADD177ON TO TH15 SURVEY IS A WOLA77ON OF SEC77ON 7209OF THE NEW YORK STATE EDUCA77ON LAW. 'au6 I EXCEPT AS PER SECTION 7209-SUBDINSION 2.ALL CERRF7CATIONS HEREON ARE VAL/D fOR IH/S MAP AND COPIES THEREOF ONLY TF PARCEL -B.C.TM 1000-109-01.37-AREA-U248 ACRES sx;,m�,ru eoo SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR m w o r (aiN m rm WHOSE SIGNATURE APPEARS HEREON. PARCEL 2-S.CTM 1000-M-01'10-AREA-7.78,98 ACRES L .uuwao,x.r.rran 21-028 I N E W S A R T l C L E 06.06.21021 GOVERNMENT — THE SUFFOLK b INIE Southold Town preserves roughly eight acres of farmland in Cutchogue By Tara Smith At just under eight acres, a new parcel of preserved farmland along Main Road in Cutchogue is a bit smaller than a typical acquisition would be. But land preservation advocates say the property,which the Town Board voted unanimously to purchase the development rights to last Tuesday, is a crucial part of ongoing preservation efforts. "The preservation of this farm connects two existing preserved farms and results in a block of just under 120 acres of preserved farmland,"town land preservation coordinator Melissa Spiro wrote in a letter to the Town Board,which hosted a public hearing before approving a resolution Tuesday. The 7.8-acre agricultural property at 21657 Main Road, owned by the McCall family, connects town and county-owned preserved parcels and is also located near the Downs Farm Preserve. Covenants and restrictions will require that a small adjacent parcel at 21380 Route 25 Cutchogue will remain permanently attached to the farm. "It's an interesting piece of property," landowner Russ McCall said. "It makes a nice piece." Mr. McCall, who grew up summering in the area, has been a chronic preservationist who worked with the Peconic Land Trust and other groups in the mid 1990s to save Downs Woods and surrounding farmland from the threat of a condominium development. The site was once home to the Algonquin Indian tribe. Since then, he's tacked on dozens of more acres to the preserved area through partnerships with the land trust,town and county. "I'm happy to see that property be the way it was when I was growing up," Mr. McCall said. The town plans to use Community Preservation Funds to acquire the development rights easement for $505,700,which town officials noted is below the fair market value determined during an appraisal. "[Mr. McCall] is well known to the town, as he has sold development rights before and has helped facilitate the preservation of other lands,"Ms. Spiro said, extending thanks for his "past and most likely future participation" in land preservation. Town supervisor Scott Russell said the property had been a priority on a master preservation list due to its proximity to already-preserved land. "When we established criteria for rating properties to establish priorities,properties that are located in areas where other properties have already been preserved are put at the top of the list,"he said. "One of our preservation strategies focuses on creating large, expansive areas of protected lands rather than a checker-board approach. Once we buy this one, it will be a key parcel for implementation of that strategy. The McCall family has always been a great and generous partner in ensuring the preservation of a large portion of that whole area," Mr. Russell said. 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SO M #/000-116- /0 Year.• 1962 S U R V E Y i SURVEY OF PROPERTIES IN CUTCHOGVE TO WN OF SOUTHOLD SUFFOLK COUNTY X Y. 1000-109-01-37 1000-116-01-10 SCALE: 1'=50' OCTOBER 12, 2021 \,r 1 AI Route 25) 087 1 V R t RO N.Y.S� AD c S 82'59'00" EDGE OF PAVEMENT—� o�unrr £ _ 00' S.00 ��ori CURB POLETM HEDoff EEK— _off OH-O GE POST do WIR FND. n f S 8759'00" E 17.0' 3.80' of U' N N 3 2FRSAMEY A. HOUSE � 16.4' W O ' o N PA n01.1 A Y 1 D O '� 1 x SHED Q PARCEL 1 0 1 , W o 48,989 S.F. cn �J a!/ 1.1248 Acres Ox � SHED �l J �I O O LU O f� A' FRAME 3 0O Ox BARN ; 0 2l o CA 3 M Z N/O/F SCHROEDER N 82'59'00" W N/O/F S.L. MONDELLO �~O.. 85.42176.65' MON. N x�x�x 91.23 FN°' S 85'05'10" E x� N 81 p.58'S9" {fir l=�� x�x_x_xx_ 426.68' 8,46 / � x� 4. I I POST x�x_ g: 'W / o / ARE FE_x�x� . i� � IW R � � METAL GATE l _000 to /. Nh / ~ �o o % 3 W o W L x/ x/ cn � p / O C/) a� � k 0 x/ �- PARCEL 2 Z 338,181 S.F. s� O 7.7636 Acres ryO O x ry mZ / ? J I b o z o 0x/ �O -_j V A }/ J \61).. �/ L�7 V' O 2 ' } i (Io posr Qo�+/ x FAll / 12.2 78'33'20" W OODE� x,x, x // o AREA x\X` + .o F A B! BOOR & R. p 474 A T l L (474 00' N/0/ PEED Mor,. FND. CERTIFIED T0: TOWN OF SOUTHOLD ® = OLD PUMP WELL WALKER/McCALL and McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLP 0�� FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC ® = REBAR NOV - 9 2021 13 = MONUMENT LAND PRESERVATION DEPT Town of Southold 0 Mc ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209OF THE NEW YORK STATE EDUCATION LAW. EXCEPT AS PER SECTION 7209—SUBDIVISION 2. ALL CER TIFICA TIONS " HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF A•, r. N.YS uc. NO. 49618 PARCEL 1 - S.C.T.M. 1�-109-01-37 - AREA= ACRES --.:� .s LIC. Na 051132-01 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR ECO suR , P C. 631) 7655020 FAX (631) 765-1797 WHOSE SIGNATURE APPEARS HEREON. PARCEL 2 - S.C.T.M. 1000-116-01-10 - AREAm 7.7636 ACRES P.O. Box 909 1230 TRAVELER SOUTHOLD, N.Y. 11971 STREET F21-028