Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Peconic Land Trust (Koehler_ 115.-10-1
OFFICE LOCATION: MELISSA A. SPIRO &QF SU!/TTown 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 Southold, New York ps`�Q www.southoldtownny.gov MAILING ADDRESS: � �`,�'' I'0u ,� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD i � l To: Denis Noncarrow Town Clerk N0V 2 3 2022 From: Melanie Doroski Land Management Specialist II L[-WR uthO(� .�.®W� Clerk Date: November 22, 2022 Re: PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Development Rights Easement(Koehler property) Part of SCTM #1000-115.-10-1 Premises: 4180 New Suffolk Avenue, Mattituck, NY Denis: Enclosed for safekeeping in your office, please find the following documents: • Certified Copy of Grant of Development Rights Easement dated June 28, 2022, between Peconic Land Trust, Incorporated and the Town of Southold, recorded in the Suffolk County Clerk's office on 7/20/2022, in Liber D00013165 at Page 584 • Certified Copy of Declaration of Covenants and Restrictions dated June 28, 2022, by Peconic Land Trust, Incorporated, recorded in the Suffolk County Clerk's office on 7/20/2022, in Liber D00013165 at Page 583 • Title Insurance Policy#3176036-06850215 issued by WFG National Title Insurance Company on June 28, 2022, in the insured amount of$841,351.50 (title no. BAL5409S — Bridge Abstract LLC) • Closing Statement • Closing Memo Thank you. Melanie encs. cc: Assessors w/copy of recorded easement e CC# : C22-35549 e COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 07/20/2022 under Liber D00013165 and Page 584 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11/03/2022 � - NOV 2 3 2022 SUFFOLK COUNTY CLERK Southold Town Clerk a. 121)1-� JUDITH A.PASCALE SEAL'; r T 11111111111 IIIII IIIII 11111!1111 IIIII IIIII IIIII IIII Illi 1111111 IIIII IIIII 11111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 07/20/2022 Number of Pages: 23 At: 03:58 :01 PM Receipt Number : 22-0117687 TRANSFER TAX NUMBER: 21-42061 LIBER: D00013165 PAGE: 584 District: Section: Block: Lot: 1000 115.00 10.00 001 .000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $841,351.50 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $115 .00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0 .00 NO Cert.Copies $0.00 NO RPT $200 .00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $360.00 TRANSFER TAX NUMBER: 21-42061 - THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County ,I S (` F-11 M RECORDED 2022 Jul 20 03:58:01 PM Number of pages (/� JUDITH A. PASCALE CLERK OF SUFFOLK COUNTY This document will be public L D00013165 record.Please remove all P 584 'Social Security Numbers DTH 21-42061 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. or EA-52 17(County) Sub Total y v Spec./Add, EA-5217(State) TOT.MTG,TAX Dual Town Dual County R.P.T.S.A. � Held forAppointment Comm.of Ed. S. 00 a Transfer Tax Affidavit eP33• �. Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 Oist. 4927130 1000 11500 1000 001000 rJ00 5 Community Preservation Fund Real Proper PTS lConsideration Amount$ 5� Tax Service R CWH A Agency 11-JUL-22 CPF Tax Due $ Verificatlol Improved 5 Satisfactions/Discharges/Releases List Propperty Owners Mailing Address RECORD&RETURN T0: Vacant Land Heather Wright,Esq. TD P.O.Box 3070 Southampton, NY 11969 TD TD ti Mail to:Judith A. Pascale,Suffolk County Clerk Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC www.suffolkcountyny.gov/clerk Title# BAL5'}09S B Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Development Rights Easement made by: (SPECIFY TYPE OF INSTRUMENT) Peconic Land Trust, Incorporated The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold in the VILLAGE or HAMLET of Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE,please be aware of the following: If a portion of your monthly mortgage payment included your property taxes,*you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10. and on or before May 31a. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y.11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y.11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 Main Street 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)702.2470 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A.Pascale Suffolk County Clerk dw 2/99 umoa.o4rm�e s •t 'moi i .GRANT OF DEVELOPMENT RIGHTS EASEMENT ' THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on the Z� day of J v* , 2022 at Southold, New York. The parties are PECONIC LAND TRUST, INCORPORATED, a New York not-for-profit corporation, with offices at 296 Hampton Road, Southampton, NY 11968 (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 #1000-115-10-1, more fully described in SCHEDULE "A", attached hereto and made a part hereof and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the Agricultural-Conservation Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is 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 r 1 WHEREAS, the Property in its present condition has substantial and significant value as an agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, In common, the purpose and objective of protecting and conserving the present state and, inherent, tangible and intangible values of the Property as an agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof. NOW THEREFORE, in consideration of EIGHT HUNDRED FORTY-ONE THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS AND 50/100 ($841,351.50) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the Property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use '. restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or 2 R• liens, except as set forth in Bridge Abstract Title Report #BAL5409S, 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"), and §49- 301 et seq. of the New York Environmental Conservation Law ("Environmental Conservation 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 public and private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal'Law §247. New York State has further recognized the importance of both public' and private efforts to preserve land in a scenic, natural and open space ' . _ condition through conservation easements by enactment of §49-301 et seq: of the Environmental Conservation Law. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC'l and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting 3 t . 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 Documentation includes, but need not be limited to, a survey prepared by Kenneth A. Woychuk, Land Surveyor last dated January 25, 2022, and a Phase 1 Environmental Site Assessment dated September 21, 2021 by Cashin Associates. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This Instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms, and conditions. 1.02 Definitions For purposes of this Easement, the following terms shall have the meanings set forth below: The term "development rights" shall mean the permanent legal interest and right to restrict the use of the Property to uses or purposes 4 f Y consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in §301(2) of the New York State Agriculture and Markets Law (Agriculture and Markets Law"), now, or as said §301(2) may be amended. No future restrictions in said laws or limitations In the definitions set forth in said laws shall preclude a use that is permitted under the current law as of the date of this Easement. The term "improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. The term "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." The term "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. The term "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 5 assigns, and all other individuals and entities with an interest in the Property and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its respective subsequent agents, successors, and assigns, and the words "Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE Grantor, for EIGHT HUNDRED FORTY-ONE THOUSAND THREE HUNDRED FIFTY-ONE DOLLARS AND 50/100 ($841,351.50) 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 purposes 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. 6 The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall Include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Notwithstanding this Section 3.03, upon the death of Grantor or its members, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for 7 sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's Easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utliltles") 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. 8 1 \ Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with sound agricultural management practices. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are In accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property or onto adjoining properties. 3.10 Lot Yield: Future Development Except as provided herein, the use of the acreage of this Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby relinquishes to Grantee all existing rights to develop the Property (and any such further rights that may be 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. 9 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, .as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town 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 purposes 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 Section 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 10 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. Grantor may offer"U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the purposes of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect, alter and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the purposes of this Easement or other applicable laws; (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property, or on adjoining lands subject to a development rights easement or other conservation instrument; (ii) New construction, including drainage improvement structures, provided such structures are, related to or accessory to agricultural production; (iii) Renovation, maintenance, alteration, expansion and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the purpose of the structure remains agricultural; 11 (iv) Additional types of structures, Improvements or uses consistent with the purposes of this Easement which arise from future developments in agricultural production or scientific, mechanical or technological advances in agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, and otherwise be consistent with the purposes of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals,that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification 12 or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements-or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. 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 physicall- 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 I3 actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors, or those matters arising when such persons are not lawfully on the Property. Grantor as used in Sections 5.02 and 5.03 shall refer only to the owner of the Property at the time the injury, damage, action or claim arose. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inseection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. Notwithstanding the above, Grantee's use of drones shall be limited to purposes of enforcement of this Easement and to inspection under this Easement when traditional means are not available, and shall occur only with prior notice to Grantor and consent for same, which consent shall not be unreasonably withheld. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, 14 and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' notice thereof by Grantee or such longer period as is reasonable during which time Grantor is curing or attempting to cure such breach, default or violation, taking into account extreme weather conditions or catastrophic events (which such time period for notice is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, taking into account extreme weather conditions or other emergency conditions or other emergency or catastrophic events: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (11) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee reasonably deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right/or available remedy on Grantee's part with respect to such breach,' default, or violation or with'respect to any other breach, default. or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. 15 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. 6.05 No Waiver. Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of.waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that It becomes impossible to fulfill the purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the 16 . 1 . 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.Q1 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 purposes 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 Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 17 � • 1 1 ' f 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 nonprofit organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that the 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 or private non-governmental nonprofit organization 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 (including conservation easements pursuant to the Environmental Conservation Law) on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. -7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more Interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this 18 i 1 1 J yr f 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 its 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. 19 L ! .1 r WFG National Title Insurance Company Title Number. BAL5409S Page 1 Amended SAM= SCHEDULE A DESCRIPTION ALL that certain plot, piece, or parcel of land,situate, lying and being in the vicinity of Mattituck, 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 New Suffolk Avenue where the same is intersected by the easterly end of a curve having a radius of 20.00 feet and a length of 33.83 feet which said curve connects the easterly side of Maratooka Road with the southerly side of New Suffolk Avenue; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East, 951.84 feet; THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet; THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet; I THENCE South 78 degrees 40 minutes 30 seconds West, 135.90 feet; THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet; THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet; , # THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet; i THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right, having a radius of 25.00 feet, a distance of 37.93 feet; i THENCE South 78 degrees 47 minutes 10 seconds West,405.07 feet; THENCE North 71 degrees 39 minutes 20 seconds West,206.89 feet to the easterly side of • 1 Maratooka Road; ! 1 � # THENCE along the easterly side of Maratooka Road the following two(2)courses and distances; � 1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet; ' I 2. North 18 degrees 14 minutes 20 seconds West, 402.61 feet to the southerly end of the j curve first above mentioned; 1 THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a ; distance of 33.83 feet to the southerly side of New Suffolk Avenue,the point or place of ( BEGINNING. I i 1 i IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: GRANTOR: PECONIC LAND TRUST, INCORPORATED, a New York not-for-profit corporation By: v6 a. H J 0 {ta Sey Its *LAS ACKNOWLEDGED AND ACCEPTED: GRANTEE: TOWN OF SOUTHOLD, a municipal corporation By: �'e Scott A. Russell, Supervisor 20 STATE OF NEW YORK) COUNTY OFSUFFQLK), 5•S.' On the 2.7 day of cSure in the year 2022 before me, the undersigned, personally appeared T'par g-w tlats:Lj ,personally knom tome or proved tome on the basis of satisfactory evidence to be the individual(s)whose name(s)Is(are)subsaribed to the witfiin insbument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and ifiat by his/her/tiheir signature(s)on the instrumen4 the, indh idual(s), or the person upon behalf of which the indUdual(s)aced; executed the instrument. Signatur%ffrce ofindividual taking acknowledgement MELANIE A.CIRILLO Notary Public,State of New York No.01CI5035908 Qualified in Suffolk County Commission Expires 11/14/20 22- STA Z STATE OF NEW YORK } COUNTYOFMT K ) 55.- On th& day of S J at in the year 2022 before me, the undersigned, personally appeared Scott A. Russell,personally known to me or pro ved to me on the basis ofsatisfactnry evidence to be the Individuals)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.capac#t (les), and that by his/her/their signature(s)on the instrument, the individuals), or the person upon behalf of which th i ividua/{s}acted, executed the instrument. Signatur%f be o indivi I taking acknowledgement STEVEN BODZINER NOTARY PUBLIC,STATE OF NEW YORK SUFFOLK COUNTY LIC.#02B04672972 2„?3 COMMISSION EXPIRES FEB.28,20" 21 CC# : C22-35548 COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/20/2022 under Liber D00013165 and Page 583 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11/03/2022 E'S,Bouthold SUFFOLK COUNTY CLERK <;7- OV — JUDITH A.PASCALE Clerk SEAL, 11111111 IIII IIIII IIIII IIIII 11111 full VIII IIIII 1111 IIII 1111111 IIIII ll11111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/20/2022 Number of Pages: 7 At: 03:58:01 PM Receipt Number : 22-0117687 LIBER: D00013165 PAGE : 583 District: Section: Block: Lot: 1000 . 115. 00 10.00 001 . 000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 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 $0 .00 NO RPT $200.00 NO Fees Paid $275 .00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County . MECORDED F1 F2 2022 Jul 20 03:53:01 PP1 a JUDITH A. PpSCRLE CLERK OF Number of pages 5UFFOL}: COUNTY L DOL1013165 F' 5833 This document will be public record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES ' Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 SubTotal Notation Spec./Assit. Cor EA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held forAppointment Comm.of Ed.. 5. 00 Transfer Tax Affidavit *• �. Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by, a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES orNO Other Grand Totaly r } If NO, see appropriate tax clause on page# ofthis instrument. 4 Dist. 000 5 Community Preservation Fund 4927130 1000 11500 1000 001000 ' Real Prope I� �m Consideration Amount$ Tax Se PTS Agencycy R CWH A IWIWI� CPF Tax Due $ III���IIIIIIIIIWWW WWW IIIWWWuu Verificatic 11-JUL-22 Improved Satisfactions/Discharg //CORaLTURNp Property Mailing Address RERETO Vacant Land Heather Wright, Esq. TD P.O.Box 3070 Southampton, NY 11969 TO TO It Mail to:Judith A. Pascale,Suffolk County Clerk 7 Title Company Information 1 310 Center Drive, Riverhead, NY 11901 Co.Name Bridge Abstract LLC www.suffolkcountyny.gov/clerk Title# BAL5:qo4 5 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants and Restrictions made by: (SPECIFY TYPE OF INSTRUMENT) Peconic Land Trust,Incorporated The premises herein is situated in SUFFOLK COUNTY,NEW YORK- TO In the TOWN of Southold In the VILLAGE or HAMLET of Mattituck BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MOR TGAGE,please be aware of the following: If a portion of your monthly mortgage payment includ6d your property taxes,'you will now need to contact your local Town T ax Receiver so that you may be billed directly for all future property tax statements. Local property taxes are payable twice a year: on or before January 10n and on or before May 31R. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes 200 East Sunrise Highway 200 Howell Avenue North Lindenhurst,N.Y. 11757 Riverhead,N.Y.11901 (631)957-3004 (631)727-3200 Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes One Independence Hill Shelter Island Town Hall Farmingville,N.Y.11738 Shelter Island,N.Y. 11964 (631)451-9009 (631)749-3338 East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes 300 Pantigo Place 99 West Main Street East Hampton,N.Y. 11937 Smithtown,N.Y. 11787 (631)324-2770 (631)360-7610 Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes 100 MainStreet 116 Hampton Road Huntington,N.Y. 11743 Southampton,N.Y. 11968 (631)351-3217 (631)702-2470 Islip Town Receiver of Taxes Southold Town Receiver of Taxes 40 Nassau Avenue 53095 Main Street Islip,N.Y. 11751 Southold,N.Y. 11971 (631)224-5580 (631)765-1803 Sincerely, Judith A.Pascale Suffolk County Clerk dw 2/99 12.01%.06/061d DECL TI F CO ND RESTRICTIONS. THIS DECLARATION,made as of the%day of�� .2022,by PECONIC LAND TRUST,INCORPORATED,a New York not-for-profit corporation, with an address'of 296 HAMPTON ROAD,SOUTHAMPTON,NEW YORK 11968, hereinafter referred to as the"DECLARANT".. WITNESSETH: WHEREAS,DECLARANT is the owner of certain real property situate at 4180 New Suffolk Avenue,Mattituck in the Town of Southold, County of Suffolk,and State of New York designated as SCTM#1000-11S-10-1 and made a part hereof,and described in the metes and bounds description attached at Exhibit"A"and made a part hereof(the"Property");and WHEREAS,the Survey shows a Development Rights Easement Area of 531,149 square feet and a Reserve/Development Area designated Area#1A of 89,281 square feet,all described in the metes and bounds description attached as Exhibit"B"and "C", respectively and made a part hereof;and WHEREAS,the DECLARANT has con eyed to the Town of Southold a Grant of Development Rights Easement dated _,2022,and to be recorded in the official records of Suffolk County("Development Rights Easement") and the Town Board of the Town of Southold (the"Town Board")has deemed it in the best interests of the Town of Southold (the"Town")and the owner and prospective owners of the Property,that the within covenants and restrictions be imposed on the Property,and as a condition of acceptance of the Grant of Development Rights Easement,the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of DECLARANT and subsequent owners of the Property;and NOW THEREFORE,be it declared as follows: ' The DECLARANT,for the purposed of carrying out the intentions above expressed does hereby make known,admit,publish,covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions asset forth herein,which shall run with the land and shall be binding upon all purchasers and holders of the Property,their heirs,executors, legal representatives,distributees, successors and assigns,to wit: DECLARANT shall not sell,.transfer, gift or otherwise relinquish ownership of-the above described Reserve/Development Area unless such is conveyed together with the Development Rights Easement Area into the.same Grantee; and will not make an application for or seek any relief from the Town of Southold that would allow subdivision of the above described Reserve/Development Area separate and apart from the Development Rights Easement Area. Notwithstanding, said Reserve/Development Area is subject to the provisions set forth in Section 3. 03 of the Grant of Development Rights Easement which reads as follows: "3.03 Subdivision Except as provided in this Section 3.03.the Property may not be further subdivided pursuant to Town Law Section 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 area acquired into two or more parcels,in whole or 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 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." 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 Iaws,ordinances,regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold,by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section,subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid,or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be EXHIBIT "A" . OVERALL DESCRIPTION OF PARCEL(SCTM#1000-1.15.-10-1)- ALL that certain plot,piece, or parcel of land,situate, lying and being in the vicinity of Mattituck, in the Town of Southold,County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side.'of Maratooka Road; RUNNING THENCE along the southerly side of New Suffolk Avenue North 78 degrees 40' minutes 30.seconds.East,997.23 feet to a stone monument; RUNNING THENCE from.said stone monument along land now or formerly of Doreen E. Evans and Martin P. Evans'the following two (2)courses and distances: 1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet; 2. South 69degrees 36 minutes 50 seconds East,43.82 feet to Deep Hole Creek; THENCE along Deep.Hole Creek the following three (3)courses and.distances: 1. South 23 degrees 18 minutes 04 seconds West 99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West 97.78 feet;and 3. South 06 degrees 44 minutes 36 seconds West, 109.47 feet; THENCE South 78 degrees 40 minutes 30 seconds West,97.20 feet; THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hirsch, South 86 degrees 40 minutes 20 seconds West,55.88 feet; THENCE continuing along said iast.mentioned land South 08 degrees 09 minutes 00 seconds East,321.41 feet to a concrete monument and Land now or formerly of Edward Hanus; THENCE along said last mentioned land and along land now or formerly of Henry].:Loefler-and' , Nancy M. Loefler, and land now or formerly of Gerard E. Diffley and Karen L. Diffley,South 78- degrees 47 minutes 10 seconds West,440.77 feet; THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of Maratooka Road; THENCE along the easterly side of Maratooka Road the following two(2)courses and distances: 1. North 24 degrees 38 minutes 30 seconds West,.275.29 feet; 2. North 18 degrees 14.minutes 20 seconds West,425.18 feet to the corner formed by the intersection of the southerly side of New Suffolk Avenue and the easterly side of Maratooka Road, being the point or place of BEGINNING.. EXHIBIT "B" WFG National Title Insurance Company Title Number. BALS409S Page 1 Amended 5/18/2022 SCHEDULE A DESCRIPTION ALL that certain plot, piece, or parcel of land, situate, lying and being in the vicinity of Mattituck, 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 New Suffolk Avenue where the same is intersected by the easterly end of a curve having a-radius of 20.00 feet and a length of 33.83 feet which said curve connects the easterly side of Maratooka Road with the southerly side of New Suffolk Avenue; - RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East, 951.84 feet; THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet; THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet; i THENCE South 78'degrees 40 minutes 30 seconds West,'135.90 feet; THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet; THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet; I THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet; THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right, having a radius of 25.00 feet, a distance of 37.93 feet; i THENCE South 78 degrees 47 minutes 10 seconds West,405.07 feet; THENCE North 71 degrees 39 minutes 20 seconds West,.206.89 feet to the easterly.side of Maratooka Road; THENCE along the easterly side of Maratooka Road the following two(2)courses and distances: i . i J 1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet; 's i 2. North 18 degrees 14 minutes 20 seconds West,402.61 feet to the southerly end of the curve first above mentioned; THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a distance of 33.83 feet to the southerly side of New Suffolk Avenue,the point or place of BEGINNING. i r 1. l EXHIBIT"C' DESCRIPTION Of RESERVE/DEVELOPMENT AREA DESIGNATED AREA#IA (89,281 square feet) ALL that certain plot,piece, or parcel of land,situate, lying and being in the vicinity of Mattituck, 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 New Suffolk Avenue;said point being distant 951.84 feet easterly, as measured along the southerly side of New Suffolk Avenue,from the corner formed by the intersection of the southerly side of New Suffolk Avenue with the easterly side of Maratooka Road; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East,45.39 feet to a stone monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two(2)courses and distances: 1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet;- 2. South 69 degrees 36 minutes 50-seconds East,43.82 feet to Deep Hole Creek; THENCE along Deep Hole Creek the following three(3)tie line courses and distances: 1. South 23 degrees 18-minutes 04 seconds West,99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet,and 3. South 06 degrees 44 minutes 36 seconds East, 109.47 feet; THENCE South 78 degrees 40 minutes 30 seconds West 97.20 feet; THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hir'sch South 86 degrees 40.minutes 20 seconds West,55.88 feet; r THENCE South 86 degrees 40 minutes 21 seconds West, 54.64 feet; THENCE North 08 degrees 09 minutes 01 seconds West, 339.82 feet; THENCE North 78 degrees 40 minutes 30 seconds East, 135.90 feet; THENCE North 37 degrees 27 minutes 00 seconds East 98.81 feet; THENCE North 03 degrees 46 minutes 30 seconds West,,69.31 feet to the southerly'side of New Suffolk Avenue,at the point or place of BEGINNING. incorporated herein and made apart hereof,as though fully set forth herein. 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. PECONIC LAND TRUST,INCORPORATED _ B An r.V• ,.President STATE OF NEW YORK ) ss.:' COUNTY OF NEW YORK) On the 2"f day of Jun e, 2022,before.me,,the undersigned,personally appeared T4. v.4•166e ,personally known to me or proved to me on.the- basis of satisfactory evidencb to be the individual whose name is subscribed to the within instrument and acknowledged to me that he.executed,the same in his'capacity;and that by his signature on the instrument,the individual,or the person upon behalf of which the - individual acted, executed the instrument,and that such individual made such,appearance before the undersigned. , Notary Public MELANIE A.CiRILLO Notary,Public,State of NeVyDrk No.01015035909 Qualified in Suffolk Count/ Commission Expires 11/14/70„��— a at s ;a: WFG National Title Insurance Company- a Williston Financial Group company OWNER'S POLICY OF TITLE INSURANCE Issued By, WFG NATIONAL TITLE INSURANCE COMPANY POLICY NUMBER: 3176036-06850215 FILE NUMBER:BAL5409S 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;WFG NATIONAL TITLE INSURANCE COMPANY, a South Carolina 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 Insure afl-eft-- 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 b t is not limited to insurance against loss from � ' (a) A defect in the Title caused by ��� 2 3 222 (i) forgery,fraud, undue influence, duress, incompetency, incapacity, or impe onation; ! (ii) failure of any person or Entity to"have authorized a transfer or conveyance; SO �tO s"OWE ���C (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. In Witness Whereof,WFG NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. WFG NATIONAL TITLE INSURANCE COMPANY Bridge Abstract LLC � - c. ApO�rh 2200 Montauk Highway,PO Box 3031, � � � Bridgehampton,NY 11932 �y: Agent Steve Ozonlan, P IdenVCEO .� ATTEST: Joseph V.McCa ,EVP/General Counsel/Secretary ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 1 of 7. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 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. 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. ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 2 of 7 WFG National Title Insurance Company AMERICAN LAND TITLE ASSOCIATION OWNERS POLICY(6-17-2006) WITHNEW YORK COVERAGE ENDORSEMENT APPENDED (A.L.T.A.) SCHEDULE A Policy No 3176036-06850215 Title Number Effective Date Amount of Insurance BAL5409S 6/28/2022 $841,351.50 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Development Rights 3. Title to the estate or interest in the land is vested in: Town of Southold which acquired Development Rights by Grant of Development Rights Easement from Peconic Land Trust, Incorporated dated June 28, 2022 recorded July 20, 2022 in Liber 13165, Cp. 584. 4. The land referred to in this Policy is described herein on Schedule A Description of Premises. For Information: Premises known as: New Suffolk Avenue, Mattituck,NY 11952 A / Authorizjd Sign r ory WFG National Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. BAL5409S Policy No. 3176036-06850215 ALL that certain plot, piece, or parcel of land, situate, lying and being in the vicinity of Mattituck, 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 New Suffolk Avenue where the same is intersected by the easterly end of a curve having a radius of 20.00 feet and a length of 33.83 feet which said curve connects the easterly side of Maratooka Road with the southerly side of New Suffolk Avenue; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East, 951.84 feet; THENCE South 03 degrees 46 minutes 30 seconds East, 69.31 feet; THENCE South 37 degrees 27 minutes 00 seconds West, 98.81 feet; THENCE South 78 degrees 40 minutes 30 seconds West, 135.90 feet; THENCE South 08 degrees 09 minutes 01 seconds East, 339.82 feet; THENCE North 86 degrees 40 minutes 21 seconds East, 19.52 feet; THENCE South 08 degrees 09 minutes 01 seconds East, 267.49 feet; THENCE Southerly, southwesterly and westerly along the arc of a curve bearing to the right, having a radius of 25.00 feet, a distance of 37.93 feet; THENCE South 78 degrees 47 minutes 10 seconds West, 405.07 feet; THENCE North 71 degrees 39 minutes 20 seconds West, 206.89 feet to the easterly side of Maratooka Road; THENCE along the easterly side of Maratooka Road the following two (2) courses and distances: 1. North 24 degrees 38 minutes 30 seconds West, 247.95 feet; 2. North 18 degrees 14 minutes 20 seconds West, 402.61 feet to the southerly end of the curve first above mentioned; THENCE along said curve bearing to the right in a northerly, northeasterly and easterly direction, a distance of 33.83 feet to the southerly side of New Suffolk Avenue, the point or place of BEGINNING. WFG National Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. BAL5409S Policy No. 3176036-06850215 OVERALL DESCRIPTION OF RESERVE DEVELOPMENT PARCELS ALL that certain plot, piece, or parcel of land, situate, lying and being in the vicinity of Mattituck, 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 New Suffolk Avenue, said point being distant 951.84 feet easterly, as measured along the southerly side of New Suffolk Avenue, from the corner formed by the intersection of the southerly side of New Suffolk Avenue with the easterly side of Maratooka Road; RUNNING THENCE from said point or place of beginning along the southerly side of New Suffolk Avenue North 78 degrees 40 minutes 30 seconds East, 45.39 feet to a stone monument and land now or formerly of Doreen E. Evans and Martin P. Evans; THENCE along said last mentioned land the following two (2) courses and distances: 1. South 03 degrees 46 minutes 30 seconds East, 181.60 feet; 2. South 69 degrees 36 minutes 50 seconds East, 43.82 feet to Deep Hole Creek; THENCE along Deep Hole Creek the following three (3)tie line courses and distances: 1. South 23 degrees 18 minutes 04 seconds West, 99.43 feet; 2. South 03 degrees 31 minutes 41 seconds West, 97.78 feet; and 3. South 06 degrees 44 minutes 36 seconds East, 109.47 feet; THENCE South 78 degrees 40 minutes 30 seconds West, 97.20 feet; THENCE along the northerly boundary line of land now or formerly of Douglas and Leslie Hirsch South 86 degrees 40 minutes 20 seconds West, 55.88 feet; THENCE continuing along said last mentioned land South 08 degrees 09 minutes 00 seconds East, 321.41 feet to a concrete monument and land now or formerly of Edward Hanus; THENCE along said last mentioned land and along land now or formerly of Henry J. Loefler and Nancy M. Loefler, and land now or formerly of Gerard E. Diffley and Karen L. Diffley, South 78 degrees 47 minutes 10 seconds West, 440.77 feet; THENCE North 71 degrees 39 minutes 20 seconds West, 223.91 feet to the easterly side of Maratooka Road; THENCE along the easterly side of Maratooka Road North 24 degrees 38 minutes 30 seconds West, 27.34 feet; THENCE South 71 degrees 39 minutes 20 seconds East, 206.89 feet; Continued.......... WFG National Title Insurance Company SCHEDULE A DESCRIPTION OF PREMISES Title No. BAL5409S Policy No. 3176036-06850215 THENCE North 78 degrees 47 minutes 10 seconds East, 405.07 feet; THENCE Easterly, northeasterly and northerly along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 37.93 feet; THENCE North 08 degrees 09 minutes 01 seconds West, 267.49 feet; THENCE South 86 degrees 40 minutes 21 seconds West, 19.52 feet; THENCE North 08 degrees 09 minutes 01 seconds West, 339.82 feet; THENCE North 78 degrees 40 minutes 30 seconds East, 135.90 feet; THENCE North 37 degrees 27 minutes 00 seconds East, 98.81 feet; THENCE North 03 degrees 46 minutes 30 seconds West, 69.31 feet to the southerly side of New Suffolk Avenue, at the point or place of BEGINNING. WFG National Title Insurance Company Policy No 3176036-06850215 Title No BAL5409S SCHEDULE B Showing defects,liens, encumbrances and other matters against which the Company does not, by this Policy, insure: 1. Covenants, conditions, easements, leases, agreements of record, etc. more fully set forth: A. Declaration of Covenants and Restrictions in Liber 13165, Cp. 583. B. Boundary Line and Maintenance Agreement in Liber 13165, Cp. 582. 2. No title is insured to any land lying below the present, or former high water line of Deep Hole Creek. 3. Except the right of the United States Government to establish harbor, bulkhead or pierhead lines or to change or alter any such existing lines and to remove or compel the removal of fill and improvements thereon (including buildings or other structures)from land now or formerly lying below the high water mark of Deep Hole Creek without compensation to the insured. 4. No title is insured to any portion or part of the premises herein within the lines of Deep Hole Creek which is not under solid fill. 5. Except the right of the United States Government, the State of New York and the Town of Southold or any of their departments or agencies to regulate and control the use of the piers, bulkheads, land under water and land adjacent to Deep Hole Creek. 6. Riparian rights and easements of others over Deep Hole Creek. 7. Survey made by Kenneth M. Woychuk, Land Surveyors, PLLC dated 6/30/2014, last dated 1/25/2022 depicting premises and more shows (as to subject premises) vacant land. Irrigation well head, fire hydrant, and utility poles- all within record lines of title. Overhead wires traverse subject premises. Area of mowed grass, edge of woods and 100 foot jurisdiction line from top of bluff- each delineated. No variations or encroachments. 8. Policy excepts rights of the utility companies to maintain or relocate overhead wires, utility poles, and fire hydrant as shown on the survey referred to herein. Policy excepts rights of others to use said services. C)WVF(G National Title Insurance Company a Williston Financial Group company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number 3176036-06850215 File Number BAL5409S 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. Dated: 6/28/2022 WFG NATIONAL TITLE INSURANCE COMPANY lho-rize S'gnatory Standard New York Endorsement(1/9/2018)For use with ALTA Owner's Policy Page 1 of 1 TP-END-214-20220721-095629 (6/17/2006) Williston Financial Group WFG National Title Insurance Company WFG Title Insurance Company WFG National Title Company of Washington I WFG Lender Services Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of the Williston Financial Group of companies. We may collect nonpublic personal information about you from the following sources: - Information we receive from you such as on applications or other forms. - Information about your transactions we secure from our files,or from our affiliates or others. - Information we receive from a consumer reporting agency. - Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates or to nonaffiliated third parties as permitted by law. We also may disclose this information about our customers or former customers to the following types of nonaffiliated companies that perform marketing services on our behalf or with whom we have joint marketing agreements: - Financial service providers such as companies engaged in banking,consumer finance,securities and insurance. - Non-financial companies such as envelope stuffers and other fulfillment service providers. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. If you have any questions about this Privacy Policy Notice,please contact us by writing to: Williston Financial Group LLC 12909 SW 68"Pkwy., Suite 350 Portland,OR 97223 policy shall be deemed not to include that provision or such arbitrator apply its conflicts of law principles to part held to be invalid, but all other provisions shall remain determine the applicable law. in full force and effect. (b) Choice of Forum: Any litigation or other proceeding 17. CHOICE OF LAW; FORUM brought by the Insured against the Company must be (a) Choice of Law: The Insured acknowledges the filed only in a state or federal court within the United Company has underwritten the risks covered by this States of America or its territories having appropriate policy and determined the premium charged therefor in jurisdiction. reliance upon the law affecting interests in real property 18. NOTICES,WHERE SENT and applicable to the interpretation, rights, remedies,or Any notice of claim and any other notice or statement in enforcement of policies of title insurance of the writing required to be given to the Company under this jurisdiction where the Land is located. policy must be given to the Company at 12909 SW 68th Therefore,the court or an arbitrator shall apply the law Parkway, Suite 350, Portland, OR 97223,Attention: Claims of the jurisdiction where the Land is located to Department. WFG National Title Insurance Company's determine the validity of claims against the Title that are telephone number is (800) 334-8885. Email address: adverse to the Insured and to interpret and enforce the claims@wfgnationaltitle.com. terms of this policy. In neither case shall the court or ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY'Endorsement(7-01-12) Page 7 of 7 (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 stock, shares, memberships, or other equity interests of the grantee are wholly-owned by The following terms when used in this policy mean: the named Insured, (2) if the grantee wholly (a) "Amount of Insurance":The amount stated in Schedule owns the named Insured, (3) if the grantee is A, as may be increased or decreased by endorsement wholly-owned"by, an affiliated Entity of the to this policy, increased by Section 8(b), or decreased named Insured, provided the affiliated Entity by Sections 10 and 1.1 of these Conditions. and the named Insured are,both wholly-owned by the same person or Entity, or (4) if the (b) "Date of Policy": The date'designated as "Date of grantee is a trustee or beneficiary of a trust Policy"in Schedule A. created by a written instrument established by the Insured named in Schedule A for estate (c) "Entity":A corporation, partnership;trust, limited liability planning purposes. company, or other similar legal entity. (ii) with regard to (A), (B), (C), and (D)_reserving, (d) "Insured":The Insured named in Schedule A. however, all rights and defenses as to any (i) the term"Insured"also includes successor that the Company would have had against any predecessor Insured. (A) successors to the Title of the Insured by operation of law as distinguished' from (e) "Insured Claimant": An Insured claiming loss or purchase, including heirs, devisees, survivors, damage. personal representatives, or next of kin; (f) "Knowledge" or "Known": Actual knowledge, not (B) successors to an Insured by dissolution, constructive knowledge or notice that may be imputed merger, consolidation, distribution, or to an Insured by reason of the Public Records or any reorganization; other records that impart constructive notice of matters (C) successors to an Insured by its conversion to affecting the Title. another kind of Entity; (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The (D) a grantee of an Insured under a deed delivered term "Land" does not include any property beyond the without payment . of actual valuable lines of the area described in Schedule A, nor any right, consideration conveying the Title (1) if the title, interest, estate, or easement in abutting streets, ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 3 of 7 roads, avenues, alleys, lanes, ways, or waterways, but loss or damage and shall state, to the extent possible, the. this does not modify or limit the extent that a right of basis of calculating the amount of the loss or damage. access to and from the Land is insured by this policy. 5. DEFENSE AND PROSECUTION OF ACTIONS (h) "Mortgage":Mortgage,deed of trust,trust deed,or other (a) Upon written request by the Insured, and subject to the security instrument, including one evidenced by options contained in Section 7 of these Conditions, the electronic means authorized by law. Company, at its own cost and without unreasonable (i) "Public Records": Records established under state delay, shall provide for the defense of an Insured in statutes at Date of Policy for the purpose of imparting litigation in which any third party asserts a claim constructive notice of matters relating to real property to covered by this policy adverse to the Insured. This purchasers for value and without Knowledge. With obligation is limited to only those stated causes of action respect to Covered Risk 5(d), "Public Records" shall alleging matters insured against by this policy. The also include environmental protection liens filed in the Company shall have the right to select counsel of its records of the clerk of the United States District Court choice (subject to the right of the Insured to object for for the district where the Land is located. reasonable cause)to represent the Insured as to those "Title":The estate or interest described in Schedule A. stated causes of action. It shall not be liable for and will �) not pay the fees of any other counsel. The Company (k) "Unmarketable Title": Title affected by an alleged or will not pay any fees,costs,or expenses incurred by the apparent matter that would permit a prospective Insured in the defense of those causes of action that purchaser or lessee of the Title or lender on the Title to allege matters not insured against by this policy. be released from the obligation to purchase, lease, or (b) The Company shall have the right, in addition'to the lend if there is a contractual condition requiring the options contained in Section 7 of these Conditions, at delivery of marketable title. its own cost, to institute and prosecute any action or 2. CONTINUATION OF INSURANCE proceeding or to do any other act that in its opinion may The coverage of this policy shall continue in force as of Date be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the of Policy in favor of an Insured, but only so long as the Insured.The Company may take any appropriate action . Insured retains an estate or interest in the Land, or holds an under the terms of this policy,.whether or it shall be obligation secured by a purchase money Mortgage given by liable to the Insured. The exercise of these rights shall a purchaser from the Insured,or only so long as the Insured not be an admission of liability or waiver of any provision shall have liability by reason of warranties in any transferor of this policy. If the Company exercises its rights under conveyance of the Title. This policy shall not continue in this subsection, it must do so diligently. force in favor of any purchaser from the Insured of either(i) an estate or interest in the Land,or(ii)an obligation secured (c) Whenever the Company brings an action or asserts a by a purchase money Mortgage given to the Insured. defense as required or permitted by this policy, the 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED Company may pursue the litigation to a final CLAIMANT determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to The Insured shall notify the Company promptly in writing (i) appeal any adverse judgment or order. in case of any litigation as set forth in Section 5(a)of these 6. DUTY OF INSURED CLAIMANT TO COOPERATE Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to (a) In all cases where this policy permits or requires the the Title, as insured, and that might cause loss or damage Company to prosecute or provide for the defense of any for which the Company may be liable by virtue of this policy, action or proceeding and any appeals,the Insured shall or (iii) if the Title, as insured, is rejected as Unmarketable secure to the Company the right to so prosecute or Title. If the Company is prejudiced by the failure of the provide defense in the action or proceeding, including Insured Claimant to provide prompt notice, the Company's the-right to use, at its option, the name of the Insured liability to the Insured Claimant under the policy shall be for this purpose.Whenever requested by the Company, reduced to the extent of the prejudice. the Insured, at the Company's expense, shall give the 4. PROOF OF LOSS Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the In the event the Company is unable to determine the action or proceeding, or effecting settlement, and (ii) in amount of loss or damage,the Company may,at its option, any other lawful act that in the opinion of the Company require as a condition of payment that the Insured Claimant may be necessary or desirable to establish the Title.or furnish a signed proof of loss. The proof of loss must any other matter as insured. If the Company is describe the defect, lien, encumbrance, or other matter prejudiced by the failure of the Insured to furnish the insured against by this policy that constitutes the basis of required cooperation,the Company's obligations to the ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 4 of 7 Insured under the policy shall terminate, including any (i) to pay or otherwise settle with other parties for or in liability or obligation to defend, prosecute, or continue the name of an Insured Claimant any claim insured any litigation, with regard to the matter or matters against under this policy. In addition, the Company requiring such cooperation. will pay any costs, attorneys' fees, and expenses (b) The Company may reasonably require the Insured incurred by the Insured Claimant that were Claimant to submit to examination under oath by any authorized by the Company up to the time of authorized representative of the Company and to payment and that the Company is obligated to pay; produce for examination, inspection, and copying, at or such reasonable times and places as may be (ii) to pay or otherwise settle with the Insured Claimant designated by the authorized representative of the the loss or damage provided for under this policy, Company, all records, in whatever medium maintained, together with any costs, attorneys' fees, and including books, ledgers, checks, memoranda, expenses incurred by the Insured Claimant that correspondence, reports, e-mails, disks, tapes, and were authorized by the Company up to the time of videos whether bearing a date before or after Date of payment and that the Company is obligated to pay. Policy, that reasonably pertain to the loss or damage. Upon the exercise by the Company of either of the Further, if requested by any authorized representative options provided for in subsections (b)(i) or (ii), the of the Company, the Insured Claimant shall grant its p and ( ) permission,in writing,for any authorized representative Company's obligations to the Insured under this policy for the claimed loss or damage, other than the of the Company to examine, inspect, and copy all of -payments required to be made, shall terminate, these records in the custody or control of a third party that reasonably pertain to the loss or damage. All including any liability or obligation to defend, prosecute, information designated as confidential by the Insured or continue any litigation. Claimant provided to the Company pursuant to this 8. DETERMINATION AND EXTENT OF LIABILITY Section shall not be disclosed to others unless, in the This policy is a contract of indemnity against actual reasonable judgment of the Company,it is necessary in monetary loss or damage sustained or incurred by the the administration of the claim. Failure of the Insured Insured Claimant who has suffered loss or damage by Claimant to submit for examination under oath,produce any reasonably requested information, or grant reason of matters insured against by this policy. permission to secure reasonably necessary information (a) The extent of liability of the Company for loss or from third parties as required in this subsection, unless damage under this policy shall not exceed the lesser of prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy (i) the Amount of Insurance; or as to that claim. (ii) the difference between the value of the Title as 7. OPTIONS TO PAY OR OTHERWISE SETTLE insured and the value of the Title subject to the risk CLAIMS; TERMINATION OF LIABILITY insured against by this policy. In case of a claim under this policy,the Company shall have (b) If the Company pursues its rights under Section 5 of the following additional options: these Conditions and is unsuccessful in establishing the Title, as insured, (a) To Pay or Tender Payment of the Amount of Insurance. (i) the Amount of Insurance shall be increased by To pay or tender payment of the Amount of Insurance 10%, and under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant (ii) the Insured Claimant shall have the right to have that were authorized by the Company up to the time of the loss or damage determined either as of the date payment or tender of payment and that the Company is the claim was made by the Insured Claimant or as obligated to pay. of the date it is settled and paid. Upon the exercise by the Company of this option, all (c) In addition to the extent of liability under(a)and (b),the liability and obligations of the Company to the Insured Company will also pay those costs, attorneys'fees, and under this policy, other than to make the payment expenses incurred in accordance with Sections 5 and 7 required in this subsection, shall terminate, including of these Conditions. any liability or obligation to defend, prosecute, or 9. LIMITATION OF LIABILITY continue any litigation. (a) If the Company establishes the Title, or removes the (b) To Pay or Otherwise Settle With Parties Other Than the alleged defect, lien, or encumbrance, or cures the lack Insured or With the Insured Claimant. of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 5 of 7 reasonably diligent manner by any method, including until after the Insured Claimant shall have recovered its litigation and the completion of any appeals, it shall loss. have fully performed its obligations with respect to that (b) The Company's right of subrogation includes the rights matter and shall not,be liable for any loss or damage of the Insured to indemnities, guaranties, other policies caused to the Insured. of insurance, or bonds, notwithstanding any terms or (b) In the event of any litigation, including litigation by the conditions contained in those instruments that address Company or with the Company's consent,the Company subrogation rights. shall have no liability for loss or damage until there has 14. ARBITRATION been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to Either the Company or the Insured may demand that the the Title, as insured. claim or controversy shall be submitted to arbitration (c) The Company shall not be liable for loss or damage to Pursuant to the Title Insurance Arbitration Rules of the the Insured for liability voluntarily assumed by the American Land Title Association ("Rules"). Except as Insured in settling,.any claim or suit without the prior provided in the Rules, there shall be no joinder or written consent of the Company. consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any 10. REDUCTION OF INSURANCE; REDUCTION OR controversy or claim between the Company and the Insured TERMINATION OF LIABILITY arising out of or relating to this policy, any service in All payments under this policy, except payments made for connection with its issuance or the breach of a policy costs, attorneys' fees, and expenses, shall reduce the Provision, or to any other controversy or claim arising out of Amount of Insurance by the amount of the payment. the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is$2,000,000 or less 11. LIABILITY NONCUMULATIVE shall be arbitrated at the option of either the Company or the The Amount of Insurance shall be reduced by any amount Insured. All arbitrable matters when the Amount of the Company pays under any policy insuring a Mortgage to Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. which exception is taken in Schedule B or to which the Arbitration pursuant to this policy and under the Rules shall Insured has agreed, assumed, or taken subject, or which is be binding upon the parties. Judgment upon the award executed by an Insured after Date of Policy and which is a rendered by the Arbitrator(s)may be entered in any court of charge or lien on the Title, and the amount so paid shall be rendrendetentjurisdiction. deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT When liability and the extent of loss or damage have been (a) This policy together with all endorsements, if any, definitely fixed in accordance with these Conditions, the attached to it by the Company is the entire policy and payment shall be made within 30 days. contract between the Insured and the Company. In 13. RIGHTS OF RECOVERY UPON PAYMENT OR interpreting any provision of this policy, this policy shall SETTLEMENT be construed as a whole. (a) Whenever the Company shall have settled and paid a (b) Any claim of loss or damage that arises out of the status claim under this policy, it shall be subrogated and of the Title or by any action asserting such claim shall entitled to the rights of the Insured Claimant in the Title be restricted to this policy. and all other rights and remedies in respect to the claim (c) Any amendment of or endorsement to this policy must that the Insured Claimant has against any person or be in writing and authenticated by an authorized person, property, to the extent of the amount of any loss, costs, or expressly incorporated by Schedule A of this policy. attorneys'fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall (d) Each endorsement to this policy issued at any time is execute documents to evidence the transfer to the made a part of this policy and is subject to all of its terms Company of these rights and remedies. The Insured and provisions. Except as the endorsement expressly Claimant shall permit the Company to sue, states, it does not (i) modify any of the terms and compromise, or settle in the name of the Insured provisions of the policy, (ii) modify any prior Claimant and to use the name of the Insured Claimant endorsement, (iii) extend the Date of Policy, or (iv) in any transaction or litigation involving these rights and increase the Amount of Insurance. remedies. If a payment on account of a claim does not 16. SEVERABILITY fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the ALTA Owner's Policy 06-17-2006 WFG Form No 3176036—without Standard NY Endorsement(7-01-12) Page 6 of 7 CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED (Koehler Property) to TOWN OF SOUTHOLD part of SCTM #1000-115.-10-1 Total Development Rights Easement— 12.1935 acres Total Parcel Acreage — 14.94 acres Premises: 4180 New Suffolk Avenue, Mattituck, Nevv YoR CIVE D Contract Executed: December 8, 2021 NOV 2 3 2022 Closing Date: June 28, 2022, 11:00 a.m. Southold Town Hall Annex 'Southold Town Clerk Purchase Price of $841,351.50 (based upon 12.1935 acres buildable acres @ $69,000 per buildable acre) disbursed as follows: Payable to The Koehler Family Limited Partnership $ 841,351.50 Check #148821 (5/24/2022) Expenses of Closing: Appraisal Payable to Andrew Stype Realty, Inc. $ 1,500.00 Check #146027 (6/29/2021) Survey Payable to Kenneth Woychuk Land Surveying PLLC $ 1,800.00 Check#148171 (3/1/2022) Environmental Report (Phase I ESA) Payable to Peconic Land Trust, Incorporated $ 700.00 (50% reimbursement— Cashin Associates, P.C.) Check #148845 (5/24/2022) Title Report #BAL5409S Payable to Bridge Abstract $ 4,531.00 Check#148784 (5/24/2022) Title Insurance Policy $ 3131 Bankruptcy & Patriot Searches $ 50 Recording Easement $ 450 Recording C&R's $ 550 Certified copies $ 50 Title closer attendance fee $ 300 Those present at Closing: Scott A. Russell Southold Town Supervisor Mary C. Wilson, Esq. (via Zoom, if needed) Attorney for Town of Southold Heather A. Wright, Esq. Attorney for PLT Holly Sanford PLT Project Manager Steven Bodziner Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Management Specialist II John Koehler Landowner Bruce Kennedy, Esq. Attorney for Koehler Rita Rooney Douglas Elliman Real Estate 'u TOWN OF SOUTHOLD f VENDOR .04070 KOEHLER FAMILY LIMITED PTNRSHP 05/24/2022 CHECK 148821 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 21-920 060922 SCTM#1000-115. -10-1 841,351.50 TOTAL. 841,351.50 i F 2 "dia3 ,: ;:�y F::L�C:n i3 F:;i ti '+:`?� Jam•" `° + ._+.�_ .. �..:ink-;,'"yr_ "�•''"-� �.1 k; ,� `e.t.a' .,r-_srn;>�;�?';;,s-j..' ,F:y,1:-t"��;� r•. �,::,, ..i s '•�`•= ,'..;?IJ_zi:B�__;s*k��n:. �r':_j ?Y"`^� 9?- :Ma J% 1 —i.A I,� +nL--ate Ji'nT:^J.'itik!:�"r`:i �:.s:_..a�i.`f+y�•.�f.✓:F.•Ci S!'..�'!]y e ' i -•�'nl. p }. t•a" ..x atiY+l sr.� a_::'s"'r,::a ..t„ •.¢'s�:• :•,c,;t'�' .a`{ •'��. .a>` F�'{�, rf>:+?=., s��'_Y�Yj`!iei;.f::�{.xy'rg iii'; .� /_ `y%��;;:`.: v.:. .fir%.'' Vii•<,<.:�c�` - b ( �t: ;? :..,;rRti,•`�I"�r.. yo-.. 1,,- _.r ,€a, I 1 --¢as- Fr',�}�.-4:� s •> T G^' �- -t, d'”a ..(,t�^.,, �;� 9..itiA'.� �,�_.-�!1dm$ t 3���;.riJ p'wi d � 1. '� 1 4 ?U�," n.4 L<Y s;•.Y"G..n-.s�....r.s--,^wi I'7, TOWN OF SOUTHOLD AUDIT 05/24/22 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 14882.1 THE SUFFOLK CO.CUTCHOGUE,NY 1r1935 NAL BANK DATE AMOUNT I! 50:546/214 05/24/2022 $841,351.56 EIGHT. HUNDRED FORTY ONE THOUSAND THREE 'HUNDRED FIFTY ONE AND-50/100- DOLLARS' DOLLARS I �o�Q�11FFOtk�oGy f I: Ay KOEHLER FAMILY LIMITED PTNRSHP ITD THE 4190 NEW SUFFOLK AVE �. ORDER MATTITUCK NY 11952 - 1 i no 1488 2 1ol 1:0 2 1It05464': 63 000004 0'in Andrew Stype Realty,Inc. FROM: INVOICE NVO I C Andrew Stype Realty,Inc. M V P0`13000, I11V�1 Nt1MBEFin� Mattituck;NY 91952• 202;1099 6!1/2021 Tolep6na6mbef:•631498-8760 'Fax Number: 631-298-5779_ TO: lntemil Order#: Melissa Spiro-Land Preservation Coordinator Client File#: Town of Southold PO f3oxA1179 Main rile f?on form: Southold„NY 11971 Other File#on form:. Telephone Number. 'Fax Number: Federal Tax ID: Altemate Number: E-Mail: Employer ID: nECEO V IE© JUN 1 0 2021 .F't*}e-:.tc'u�^.-=Xbi^.r.*+�„__�a%;-3s.”'-= �=�"c�•�'�.���»��:t'��ct'+:r.:i--�s �2��'� ..r�_.c`R„�. .-�' T.m">`',.:'�=^-=�'.T�s`:Ya�"'.�.r�7��..-ss�'�_ Client: Melissa.Spiro-Town of Southold property Address:4180 New&ffotk Avenue. City: Mattittick County:Suffolk State: NY Zip: 11952 Legal Description: 1000-115-10-1 Koehler Family Limited Partnership �3'-:'?%�=�=..='j?:=u:'Y�7°:1'-cam .:-:;�_,os�--_.—z_tie=:�=-,ie=-�""_ _ _-- _---..r'_`S�?i:iM{o- =•�."' -_"�'."y'�''S_---_ s`=4+== .�k,�":�.==Fs's..�'".-y.,' °_?' -�` •=sti--t---.-`tet._.—_--..?fa''C::-%�.��4v F.�._..�'i�:_K'z-3.1Z-ti --z�- :r_.._. �iy-.�`.r'^'-=�.,�:t^,.-a3��y`sTr-���~'".v..«.�__ �is�J-+�� �{� ,`��_' `-, ,`;��L'�.-- _ -'�.--•�'.�-•+,�—�'��r.��__���-�c-��'=_._z'�..'4�.-„.^'._'3 .- _tea� _ r�"'�:...�.0 c-.-- �” '�r�^"._= �1ri0`�ty'{�.�.%x: �' ==Lse�_ =.'_�^.�_�`-`•.._.y.-,�'�%_ -�--•-��7'.•�-'•-• ___YY ..__•_"__�--�X�'�-n`S��-•�w� '-�N:tt"e�:...a�L�c�.�J_.��•L�.^ real estate appraisal 1,500.00 SUBTOTAL 1,500.00 -5- Check { "ry7��/e�C�`7r�^` .N!-::mow ..� --�'�-� c'�c•-'�'' -_:jf,:/i'�FIUIGIY;7;S�71.. _ _ _ �c.�..�. __:��r�M=_:�. *--:Y:�"==�'�`_='�r'_.__.-_-_ _.-,>a:�•-:":g.....:::e_=.T�.-. �Lr- --'.;�; S`'"•?_- Check#: Date: Description: Check#: Date: Description: Check#: Date: Description: SUBTOTAL 0 TOTAL DUE 1,500.00 Form NIV3 LT—WinTOTAL'appraisal software by a la mode,inc.—1-800-ALAMODE TOWN OF SOUTHOLD 01 VENDOR 019764 ANDREW STYPE REALTY, INC. 06/29/2021 CHECK 146027 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION I AMOUNT _ CM .8660.2.500.200 34296 2021099 APRSL—KOEHLER PROPERTY 1,500.00 TOTAL 1 500.00 Lill R V, If wa ryb .5 v r 0 I4�Zl 4p,;o AuJ xt -gPL-1 — -- ------ -- -- ---- ----- - •a.} gT f y --------- - �.. NUNN' .§v Vm` t �J4 P'- 4 tz R r'r L A P", —— --- ---- - -------- ---- -- ---------- ------ --- -- ---- ---- ---- ------ T&WXOF SOUTOOLb AUDIT, '•6/29./2021 53095 MAIN ROAD,*• PO BOX 11.79 CHECK:NO!.:�'i' 4:`6 SOUTHOLD,N1.11971-0959 2�7':' " ".5 '5 THE SUFFOLK CO:.NATIONAL BANK CUTCHOGUE.NY 11935. DATE. AMOUNT,t 'j,500 :'ONE 'THO,USAND FIVE' HUNDRED 50-546/2i�l�-% -'00/HUNDREDAND "bbt zh DAY -ANDREW STYPE ,REALTY, -INC. 41. r 7fiE V, 0- PO.' OX 63 "')Z- I �IRD�R OF: MATTITUCK NY 11952 11460 2 7 112 1:0 2 1140 5L, to: 63 000004 0113 Kenneth Woychuk Invoice Land Surveying PLLC P.O. Box 1553 DATE INVOICE# Aquebogue, NY 11931 Phone/Fax 631298-1588 2/3/22 8913 BILL TO Town of Southold PO Box 1179 Southold NY 11971 Job# 14-62 COMPLETED DESCRIPTION AMOUNT Kohler Family Partnership -New Suffolk Rd&Marratooka 1,800.00 Rd, Mattituck(1000-115-10-01) Prepare Conservation Plan for 13 acre parcel With new driveway access and meets & bounds calculations for Developments rights area and Reserved area (existing house) Pdf, Autocad and (16) original stamped redline drawings provided. Total Due Upon Receipt $1,800.00 Your Prompt Payment is always appreciated.Additional work will not be completed with outstanding balances. f TOWN OF SOUTHOLD VENDOR 023670 KENNETH M WOYCHUK 03/01/2022 CHECK 148171 A FUND & ACCOUNT P,O.# INVOICE DESCRIPTION AMOUNT CM .86GO.2.600.100 35535 8913 SRVY'-1000-115-10-01-KHLR 1, 800.00 TOTAL 1,800.00" L ko, AK e ON fil 0 --------------------------------------- - ------------------- - # - S, M. .B iTlU 'T. T MR R g.21 a j- V 5 01, --------------- ---- - KIR ....... ..... I�Lr , AU] -OF SO .-TOIAW _U+7WOL -53095MAIN:ROA -POBOXI-179.+ K� 0, `NY_1 :SOUTHOL.01, .1971,0959 CHEC TNATIONAL BANK HE SUFFOLK CO:CO.-.NAT MOUNT' 11935, A qUYCHOGqE;.Ny DAT. 21 D: .:AND LLAR P,4y- - _KENNETHM-WOYCHUK. t7 •LAND- t: P ; 32 0 OF' -AWE130GUE NY :11931 1.7 1 lo.0 2 3 00000'4 01's e Cashin iotas, P.C. ENGINEERING• PLANNI V•C N TRUCTION MANAGEMENT E.e 19S9 Holly Sanford Peconic Land Trust 296 Hampton Road PO Box 1776 September 20,2021 Southampton,NY 11969 Project No: 21000.034 Invoice No: 0821036 Phase I Environmental Site Assessment for property located at 4180 New Suffolk Avenue, Mattituck, NY SCTM#1000-115-10-01 Professional Services from September 2, 2021 to September 17,2021 Fee 1,400.00 Total this Invoice $1,400.00 1200 Veterans Memorial Highway-Hauppauge,NY 1 1786-631.34Ei-7600-FAX 631-348-71301 www.cashinessociates.com TOWN OF SO UTHOLD VENDOR 016140 PECONIC LAND TRUST, INC. 05/24/2022 CHECK 148845 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 21-920 821036 PHASE 1 ESA-KOEHLER 700.00 TOTAL 700.00 T. m cVj A - i 'Qj� :ti't J:. i•�;.41'rF! `er-.4^.LI•''.' i�3. f:. ''�. t ._.r_n,-- - - ... _... --.--.. "---..._... --� --- 1� - .��•ifi u,�T��,,..,,.)a•r•l`i'•�.``c=' �Yh=w�i��.[� �-T'1:!'..� - ' �+:� .,.::'-R:� k},i T't�i=:1.f`1�n... - .,•11.< .��l+.�:.�.i:x�i��;.::_j i"� 'o.•:.,.;.g G;:+'..,;Y.i�.;.l' yyi{.gip,ij;.::::;.T-:a• 'tf'-34ii::_:::Q�-t f e TR.. i"• i't icy':: �,".T'�3�4fr?�:f:`�;� tl.rt L�:at:..,,t'^s�„•';�I�'` __._, ... .',� . �_r ziSrt•i•�,y }r `i:,"e"Ks:T„a q. j '• � 'tri -:. y;;;' .. , I - i ` ,':r .a. •`ri--' +. ,'�i.4�e' "'�,: -o;n o' n'`' �` 'S ''a',7 ,[N`'v, ° n tYl R1•'UU'_ "q�3�' " i.•i.;"J+r (' �p I } j�fpFu^ e a �'L,t�.:.'z"i---, `•S�d' ..t>i..'.....J.r.+.i:.._•__ '•,if �J_.:...tl ! i��;•4F�.:�h'=....s.._.. iF ,Y9.�r-j +jlf .4 �i!`,t-'- .f. ...;:L•"•t -�"-.=.•-� a.:.b..s.. rm"""'�Af F f4 TOWN OF SOUTHOLD AUDIT 05/24/22 53095 MAIN ROAD,PO BOX 1179 148845 CHECK NO 5 SOUTHOLD,NY 11971-099 . '. II I� • 4 CUTCHOGUE,NY 1THE SUFFOLK 1,935 NAL BANK DATE AMOUNT 50-5461214. 05/24/2022 , .$700.00 SEVEN HUNDRED AND 00-/100 DOLLARS i _ I• : PAY PECONIC LAND TRUST, INC. a TO THE 296 HAMPTON ROAD ORDER PO ,BOX 1776 OF SOUTHAMPTON NY 11969 us l48845on li:0 2 140 546411: 63 000004 Olin Bridge Abstract LLC 2200 Montauk Highway, P.O. Box 3031-Bridgehampton, New York 11932 Phone(631)537-5750 Fax(631)537-5679- TO: Town of Southold TITLE NO. BAL5409S DATE 6/28/2022 PREMISES: p/o New Suffolk Avenue Mattituck FEE Easement ($841,351.50) $3131 00 MORTGAGE ENDORSEMENTS MUNICIPAL SEARCHES BANKRUPTCY&PATRIOT SEARCHES 50 00* SURVEY STATE TRANSFER TAX PECONIC TAX Exempt_ MANSION TAX MORTGAGE TAX CLOSER GRATUITY 300 00 RECORDING FEES DEED MORTGAGE POWERS OF ATTORNEY ASSIGN OF L&Rs/255 1 GRANT OF DEVELOPMENT RIGHTS EASEMENT 450 00 1 DECLARATION OF COVENANTS AND RESTRICTIONS 550 00 ASSIGNMENT OF MORTGAGE UNIT POWER OF ATTORNEY 2021/22 2nd %2 T&S TAXES CERTIFIED COPIES 50 00 TAX SERVICE CHARGE NYS SALES TAX on items marked b * Exempt TOTAL PAYABLE TO: BRIDGE ABSTRACT LLC $4,531 00 TOWN OF SO UTHOLD i VENDOR 002635 BRIDGE ABSTRACT LLC 05/24/2022 CHECK 148784 f� I FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I CM .8660.2 .600.100 21-920 BAL5409S TITLE INSURANCE POLICY 3, 131.00 CM .8660.2 .600.100 21-920 BALS409S BANKRUPTCY/PATRIOT SRCHS 50.00 CM .8660.2 .600.100 21-920 BALS409S RECORDING DEV RIGHTS EAS 450.00 CM .8660.2. 600.100 21-920 BALS409S RECORDING C&RS 550.00 CM .8660.2.600.100 21-920 BALS409S CERTIFIED COPIES 50.00 CM .8660.2 .600.100 21 920,..BAL'54:0-95 ;: TITLE CLOSER/ATTDNC FEE 300.00 i ,t• ICY tvYr v f '} ^^=Y..• o` TOTAL 4,531.00 411 - -- ------- ------ ..._ .. _ _ .. .. ." „F =';utTf+=i>'�u:T `-4:—_..��F:,TT`.'i-3�'-k-�•�•-�--��`•'-•2t o-cc>.:�: ' , 'tft S: ..=.J -i1-:i.+.i'i:� ��i :•^T'Sr'v:ti;'-M17'lTv.T�._ � I`Y r ''�'='r::-::7i•_I:Li.:._ c'��'_J u'l'''r'S'k.F.'iY.'Y y ,t f.: Pw7-'�-`_�'si'i-h:i-. _r_.?.`.r,.,tl;':'LE:I`ii;•f4:.!YFur��.�- hu;(T..7I, ��_I .;•,,(. .:.v1:'S._,,._L:.!:h�..L Lv.<I-•r1't'`.�c�',�:''$T��iT�-tiN� •u'-S. - •+'l _-_ •' �•.Fl :. �,� _. it.:�li' r 1 r. a.w.'�t....a^j 8 "1 t\ _, l-4 {tl3 ""J" tlx, C ' ^'9r 8' •'C c' \•8' �pp$�0���,.�p,.E�-, S'�q.,�,t �r i� 3 ICY. ,g '.t). cam'}, q .i:t:-".�: I•� � ^`J,.P.Rr� :s _...t,�...�..:_. J\- •`.'.�.3���'4•l'•�"-.`.^'.5..• 4r''�'�'•....,.'�i`-Y ���`e.<=- "�,L� 9 .L,r4irz.� ^(ri �Yii:Sf:. ,:,iN: TOWN OF SO UTHOLD AUDIT 0'5/2,4/22 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY11971-0959CHECK NO. 148784 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-546121405/24/2022 : $4,531.00 FOUR THOUSAND FIVE HUNDRED THIRTY ONE.,AND :'00%100 DOLLARS �i I' Ilk .,.. .21 AY BRIDGE ABSTRACT LLC ' TO THE . I PO BOX 3031 ORDER 2200 MONTAUK HIGHWAY OF — BRIDGETHAMPTON NY 11932 . i;. II 11' L48 ?aLov i:0 2 L405464i: 63 000004 0no offat Ir OFFICE LOCATION: MELISSA A.SPIRO o�� BOG Town Hall Annex LAND PRESERVATION COORDINATOR �.Z. .f,� 54375 State Route 25 melissa.spiro@town.southold.ny.us a -.G (comer of Main Rd&Youngs Ave) N z Southold,New York Telephone(631)765-5711 y Facsimile(631)765-66400 • O�� MAILING ADDRESS: www.southoldtownny.gov ,1 P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller NOV 2 3 2022 Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate _ The Nature Conservancy Southold Town Clerk Agricultural Advisory Committee From: Melissa Spiro, Land Preservation Coordinator Date: July 5, 2022 Re: PECONIC LAND TRUST, INCORPORATED (Koehler)to TOWN OF SOUTHOLD Part of SCTM#1000-115.-10-1 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: 4180 New Suffolk Avenue, Mattituck SCTM#: part of 1000-115-10-1 PROPERTY OWNER: Peconic Land Trust, Incorporated (Property f/k/a Koehler Family Limited Partnership) CONTRACT DATE: December 8,2021 PURCHASE DATE: Closing took place on June 28, 2022 PURCHASE PRICE: $841,351.50(12.1935 buildable acres @$69,000/acre) EASEMENT ACREAGE: 12.1935 acres TOTAL PARCEL ACREAGE: 14.94 acres EXCLUDED AREA ACREAGE: #1A: Reserve/Development Area with existing dwelling @ 89,281 sq.ft. #1 B: Reserve/Development Area for access purposes @ 30,363 sq.ft. #2: Excluded area for Town road asphalt encroachment @ 113 sq.ft. Covenants& Restrictions were recorded at the closing pertaining to Reserve/Development Area#1A, prohibiting subdivision of this area from the Development Rights Easement Area. ZONING: Agricultural-Conservation (A-C)Zoning District FUNDING: Community Preservation Fund (2%) MISC.: A simultaneous closing took place on June 2&h: Peconic Land Trust purchased the 14.94 acre property from the Koehler Family Limited Partnership, and then the Town purchased the 12.1935 acre Development Rights Easement from Peconic Land Trust. 00- s MRA 12 -W r SCALE 1'.600' 20 SURVEY OF PROPERTY SITUATE MATTITUCK R'k TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 0 S.C. TAX No. 1000-115-10-01 CALE 1"=50' A MZ1 02 mot la z SITE DATA lult[EVEtOWGT M P,el,tei SI.mIM MRA To.V R 113 omOROR MRA J'a —c MRA sr (3Lv-1 U. .IL RENSID 01-22 KWSED 01:��9-22 "M"' ' -22 �r-n t2-23-2t RC-0—4-1 ==—Z 1,.PECMC talo MST. v.oMn To-