HomeMy WebLinkAboutE & C Property Holdings II, Inc LILLIAN F.MCCULLOUGH �U�FQ(� OFFICE LOCATION:
LAND PRESERVATION ®�,® ®� Town Hall Annex
EXECUTIVE ASSISTANT �� ,�.� 54375 State Route 25
lillianm@southoldtownny.gov ® < (corner of Main Rd&Youngs Ave)
Southold,New York
013
Telephone(631)765-5711 MAILING ADDRESS:
Facsimile(631)765-6640
MAILING
P.O.Box 1179
www.southoldtownny.gov .( Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD REC
E
IVE
D
To: Denis Noncarrow
Town Clerk OCT ' S 2023
From: Lillian McCullough SotlthOld "own Cl
ft
Land Preservation Executive Assistant
Date: October 4, 2023
Re: E & C Property Holdings II Inc to TOWN OF SOUTHOLD
Development Rights Easement(25.78 acres)
SCTM #1000-83.-2-17.1
Premises: 10475 Oregon Rd, Cutchogue NY
Denis:
Enclosed for safekeeping in your office, please find the following documents:
• Original Grant of Development Rights Easement dated July 24, 2023, between E & C
Property Holdings II Inc and the Town of Southold, recorded in the Suffolk County Clerk's
office on September 6, 2023, in Liber D00013216 at Page 942
• Original Covenants and Restrictions dated July 12, 2023, between E & C Property Holdings
II Inc and Town of Southold, recorded in the Suffolk County Clerk's office on September 6,
2023, in Liber D00013216 at Page 941
• Title insurance policy#0-8911-000938327, issued by Stewart Title Insurance Company on
July 24, 2023, in the insured amount of$2,062,400.00 (file number 71239749)
• Closing Statement
• Closing Memo
Thank you.
Sincerely,
Lillian McCullough
Land Preservation Executive Assistant
encs.
cc: Assessors w/copy of recorded easement & survey
g
IIIVIII IIII VIII VIII VIII VIII VIII(IIII VIII IIII IIII
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 09/06/2023
Number of Pages : 12 At: 09: 15 : 49 AM
Receipt Number : 23-0113542
LIBER: D00013216
PAGE : 941
District: Section: Block: Lot:
1000 083 . 00 02 . 00 017 . 001
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $60 .00 NO Handling $20 . 00 NO
COE $5. 00 NO NYS SRCHG $15 . 00 NO
TP-584 $0 . 00 NO Notation $0 . 00 NO
Cert.Copies $0 . 00 NO RPT $200 .00 NO
Fees Paid $300 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
� .
`
Orint Form'
66m if*
RECORDED
Number of pages 2023 Sep 06 09-15:49 AM
Vincent Puleo
CLERK OF
L D00013216
record. Please remove all P 941
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps
Page/Filing Fee (on Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation SpecJAssit.
or
EA-52 17(County) SubTotal Spec./Add'.
EA-5217(State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit Mansion Tax
Certified Copy The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 Sub Total family dwelling only.
YES or NO
Other Grand Total If NO, see appropriate tax clause on
5137243 1000 08300 0200 017001 17.001 5 Community Preservation Fund
07-AUG-2 CPF Tax Due $
Ver ficatio
Improved
Satisfactions/Discharges/Releases List Property Owners Mailing Address
6 RECORD&RETURN TO: Vacant Land
TD
TD
TD
7 Title Company Informadon
Co.Name shk/o/l/ -flAlto
^
This page forms part of the attached Declaration made
by: (SPECIFY TYPE OFINSTRUMENT)
The premises herein issituated in
SUFFOLK COUNTY,NEVVYORk.
TO |nthe TOWN of Southold
|ntheV|LLAGE
orHAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR kING.
7�2397Yg
41ST 'loco '
Sic 0 9 3.
g LIV— 0 Z, 0 0 DECLARATION OF COVENANTS AND RESTRICTIONS
r,0-( QIZ. 00 (
THIS DECLARATION, made as of the 124'-day of �"`� 2023, by
E&C Property Holdings II,Inc.,with an address of 158-11 Harry Van Arsdale Jr.Ave.,Flushing,
New York 11365,hereinafter referred to as the"DECLARANT".
WITNESSETH:
WHEREAS,DECLARANT is the owner of certain real property situate at 10475 Oregon
Road, Cutchogue in the Town of Southold, County of Suffolk, and State of New York designated
as part of SCTM#1000-83.-2-17.1, 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 25.7 acres and a
Reserved Area (or Development Area) of 3.0 acres, both described in the metes and bounds
description attached as Exhibit`B" and "C",respectfully; and
WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement,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 purpose 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 as set forth herein,which shall run with the land and shall
be binding upon all purchasers and holders of the Property, their heirs, executors, legal
representatives, distributees, successors and assigns,to wit:
DECLARANT shall not sell, transfer, gift or otherwise relinquish ownership of the
Reserved Area unless such is conveyed together with the Development Rights Easement Parcel
(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 Reserved Area from the area subject to the
Deed of Development Rights Easement. Notwithstanding, said Development Rights Easement
Parcel is subject to the provisions set forth in Section 3.03 of the Grant of Development Rights
Easement which reads as follows:
r
"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 of 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."
The Reserve Area must always be associated with a Development Rights Easement Parcel
which contains at least 10 acres of preserved agricultural land subject to a development rights
easement or other conservation instrument.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances, regulations or
provisions in effect at the time of execution of this Declaration, or at the time such laws,
ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or
any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor
to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof.
If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or
held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,
or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and made a
part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under them, and may not be
annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of
the Property unless and until approved by a majority plus one vote of the Town Board or its legal
successor, following a public hearing.
r
IN WITNESS WHEREOF, the DECLARANT above named has duly executed the
foregoing Declaration the day and.year first above written.
E& C PROPERTY HOLDINGS II, INC.
By: F n Ke
Press c�2✓��'
STATE OF NEW YORK )
CR%L"A3 ) ss..
COUNTY OF S4F^E)�6* )
�k On the I�' day of l ti , 2023, before me, the undersigned, personally ifeore
�
Gtlald F'"K ,personally known tome or proved to me on the basis of satisfactory evidence
to be the individual whose name is subscribed to the within instrument and acknowledged to me
that he executed the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument, and
that such individual made such appearance before the undersigned.
Notary Public
CHRISTINA A SESSA
Notary Public,State of NewYork
No.02SE6011444
Qualified in Nassau County
Commission Expires November 21,20
4
EXHIBITA
�f.
;•� °� 4M
9
"IstpW1
E'j LE Title Number: 71239749
TOTAL PROPERTY AREA ALL OF LOT 017.001)NOT TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and from said point of beginning;
RUNNING THENCE along land now or formerly of Robert Carita, land now or formerly of the Town of
Southold, the northeasterly sides of Thar Lane and Olivia Lane, lands as shown on"Map of Woodbine
Manor," filed December 15, 1986 as Map No. 8239, along land now or formerly of Jacqueline P. Liden, and
along land now or formerly Thomas Mangiamele, the following two (2)courses and distances:
1. North 40 degrees 27 minutes 25 seconds West 1,499.85 feet; and
2. North 40 degrees 25 minutes 00 seconds West 1,441.23 feet to the southeasterly side of Duck Pond
Road;
THENCE along the southeasterly side of Duck Pond Road, North 31 degrees 27 minutes 30 seconds East
21.05 feet to land now or formerly of of E&C Property Holding II, Inc.;
THENCE along said land the following two(2) courses and distances:
1. South 40 degrees 25 minutes 00 seconds East 58.97 feet;
2. South 88 degrees 34 minutes 00 seconds East 569.33 feet to land now or formerly of Richard J.
McBride;
THENCE along said land, South 41 degrees 43 minutes 00 seconds East 2,510.86 feet to the
northwesterly side of Oregon Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
100.00 feet to land now or formerly of June Behr;
THENCE along said land, the following three(3) courses and distances:
1. North 41 degrees 45 minutes 20 seconds West 150.00 feet;
2. South 49 degrees 44 minutes 40 seconds West 150.00 feet; and
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
Title Number: 71239749
3. South 41 degrees 45 minutes 20 seconds East 150.00 feet to the northwesterly side of Oregon
Road; and
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
250.00 feet to the point or place of BEGINNING.
Q yY. 1
r:
f..
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
c
EXHIBIT B
4�.
ovl�
,w
F'
r
.ti
t
AWkstewart
` I T LS Title Number: 71239749
[[AMENDED 7/20/2023]]
DEVELOPMENT RIGHTS EASEMENT TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and THENCE along land now or formerly of Robert Carita and land now or formerly
of the Town of Southold, North 40 degrees 27 minutes 25 seconds West 527.79 feet and from said point of
beginning;
RUNNING THENCE along lands as shown on"Map of Woodbine Manor,"filed December 15, 1986 as
Map No. 8239, the northeasterly sides of Thar Lane and Olivia Lane, along land now or formerly of
Jacqueline P. Liden, and along land now or formerly of Thomas Mangiamele, the following two (2)courses
and distances: .
1. North 40 degrees 27 minutes 25 seconds West 972.06 feet; and
2. North 40 degrees 25 minutes 00 seconds West 1,441.23 feet to the southeasterly side of Duck Pond
Road;
THENCE along the southeasterly side of Duck Pond Road, North 31 degrees 27 minutes 30 seconds East
21.05 feet to land now or formerly of E&C Property Holding II, Inc.;
THENCE along said land, the following two(2) courses and distances,:.
1. South 40 degrees 25 minutes 00 seconds East 58.97 feet; and
2. South 88 degrees 34 minutes 00 seconds East 569.33 feet to land now or formerly of Richard J_:
McBride;
THENCE along said land, South 41 degrees 43 minutes 00 seconds East 2,510.86 feet to the
northwesterly side of Oregon Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
100.00 feet to land now or formerly of June Behr;
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
lffi^stewart
TITLE - Title Number: 71239749
THENCE along said land, the following two(2) courses and distances:
1. North 41 degrees 45 minutes 20 seconds West 150.00 feet; and
2. South 49 degrees 44 minutes 40 seconds West 150.00 feet;
THENCE North 41 degrees 45 minutes 20 seconds West, 377.97 feet;
THENCE South 49 degrees 44 minutes 40 seconds West, 238.04 feet to land now or formerly of the Town
of Southold and the point or place of BEGINNING.
i
L ,ar
fs �'
S '
r,.
FOR CONVEYANCING ONLY:TOGETHER with all right;title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
EDN'sr.-HIBIT
M
a
Sy
;f
i
t
i!
r
+�t
Ifo^stew, art
TITLE Title Number: 71239749
RESERVE AREA-NOT TO BE INSURED::
AN 7/20/2023
ALL that certain plot, piece or parcel of land, situate,lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road;-and from said point of beginning;
RUNNING THENCE along land now or formerly of Robert Carita and land now or formerly of the Town
of Southold, North 40 degrees 27 minutes 25 seconds West 527.79 feet;
THENCE North 49 degrees 44 minutes 40 seconds East, 238.04 feet;
THENCE South 41 degrees 45 minutes 20 seconds East, 527.97 feet to the northwesterly side of Oregon
Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West,
250.00 feet to the point or place of BEGINNING.
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
r
III VIII IIII VIII VIII VIII VIII VIII(IIII VIII IIII IIII
I IIIIII VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 09/06/2023
Number of Pages : 26 At: 09:15 :49 AM
Receipt Number : 23-0113542
TRANSFER TAX NUMBER: 23-04090 LIBER: D00013216
PAGE : 942
District: Section: Block: Lot:
1000 083 . 00 02 .00 017 . 001
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $130 .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 $375.00
TRANSFER TAX NUMBER: 23-04090
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
y
Submit by E-mail Print Form
RECORDED
Number of pages 2023 SFFA 06 09:15249 AN
Vincent. Puleo
CLERK OF
This.documervt wit be public SUFFOLK. COUNTY
record. Please remove all L D00013216
P '342
Social Security Numbers DT# 23-04090
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 F FEES
Page/Filing Fee
Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 Sub Total
Notation I
Spec./Assit.
or
EA-5217(County) Sub Total Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. f �� Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax n_
Affidavit ' + Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES or NO
Other
Grand Total If NO, see appropriate tax clause on
h page# of this ins ume t.
4 1 Dist. 1000 1000 08300 0200 017001 5 Community Preservation F nd
5137244
Real Property T II IIIII IIIIIIIIIIIII�IIII Consideration Amount$�_
TAgency Service RDn A I IIIIIIIIIIII�
07-AUG-2 CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
A/L/ /f 97) TD
FYI e Liu/lal.��/� TD
7 Title Company Information
I� Co.Name jJit/
Title# Y
8 Suffolk County Recording. & Endorsement Page
This page forms part of the attached Grant of Development Rights Easement made
by: (SPECIFY TYPE OF INSTRUMENT)
E & C Property Holding II, Inc. 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 (.�y
ll ie ld
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR KLING.
over
,T q
* J� 7i2397Y1
100
Sc-c 08 3. 00
9uk- o2, 00
Co-r 617. 00 J
GRANT OF DEVELOPMENT RIGHTS EASEMENT AS o,'
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made 0 the
24th day of July, 2023 at Southold, New York. The parties are
E & C PROPERTY HOLDINGS II, INC. with offices at 158-11 Harry Van
Arsdale Jr. Ave., Flushing, NY 11365 (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 #1000-83-2-17.1, 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 within a split zone with a majority of
the total acreage, 26.19± acres, in the Agricultural-Conservation (A-C)
Zoning District and approximately 2.55± acres situated on the northerly side
of the parcel being in the Resort Residential (RR) Zoning District; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for agriculture; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Southold Town Comprehensive Plan dated February, 2020
as adopted by the Town Board, Town of Southold, and §272-a of the New
York State Town Law ("Town Law") to protect environmentally sensitive
areas, preserve prime agricultural soils, to protect the scenic, open space
character of the Town and to protect the Town's agricultural economy; and
1
Affirstewart
TITLE Title Number: 71239749
SCHEDULE A- DESCRIPTION
[[AMENDED 7/20/2023]]
DEVELOPMENT RIGHTS EASEMENT TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and THENCE along land now or formerly of Robert Carita and land now or formerly
of the Town of Southold, North 40 degrees 27 minutes 25 seconds West 527.79 feet and from said point of
beginning;
RUNNING THENCE along lands as shown on"Map of Woodbine Manor," filed December 15, 1986 as
Map No. 8239, the northeasterly sides of Thar Lane and Olivia Lane, along land now or formerly of
Jacqueline P. Liden, and along land now or formerly of Thomas Mangiamele, the following two (2) courses
and distances:
1. North 40 degrees 27 minutes 25 seconds West 972.06 feet; and
2. North 40 degrees 25 minutes 00 seconds West 1,441.23 feet to the southeasterly side of Duck Pond
Road;
THENCE along the southeasterly side of Duck Pond Road, North 31 degrees 27 minutes 30 seconds East
21.05 feet to land now or formerly of E&C Property Holding II, Inc.;
THENCE along said land, the following two (2) courses and distances:
1. South 40 degrees 25 minutes 00 seconds East 58.97 feet; and
2. South 88 degrees 34 minutes 00 seconds East 569.33 feet to land now or formerly of Richard J.
McBride;
THENCE along said land, South 41 degrees 43 minutes 00 seconds East 2,510.86 feet to the
northwesterly side of Oregon Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
100.00 feet to land now or formerly of June Behr;
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
-Schedule A Description
• N ♦ 1
A/Pstewart
TITLE Title Number: 71239749
THENCE along said land, the following two (2) courses and distances:
1. North 41 degrees 45 minutes 20 seconds West 150.00 feet; and
2. South 49 degrees 44 minutes 40 seconds West 150.00 feet;
THENCE North 41 degrees 45 minutes 20 seconds West, 377.97 feet;
THENCE South 49 degrees 44 minutes 40 seconds West, 238.04 feet to land now or formerly of the Town
of Southold and the point or place of BEGINNING.
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
-Schedule A Description
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 TWO MILLION SIXTY TWO
THOUSAND FOUR HUNDRED 00/100 DOLLARS ($2,062,400.00) and other
good and valuable consideration paid to the Grantor, the receipt of which is
hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell
and convey to the Grantee a Development Rights Easement, which shall be
binding upon and shall restrict the premises shown and designated as the
Property herein, more particularly bounded and described on Schedule "A"
annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follow
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Stewart Title Insurance Company Title Report
#71239749, and possesses the right to grant this easement.
2
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under §64 of Town Law and §247 of the
New York State General Municipal Law ("General Municipal Law") to acquire
fee title or lesser interests In land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the value of the Property resulting from its
agricultural use and further recognize the common purpose of preserving
this value by limiting the uses of the Property. This instrument is intended
to convey a Development Rights Easement on the Property by Grantor to
Grantee, exclusively for the purpose of preserving its character in perpetuity
for its agricultural values, by preventing the use or development of the
Property for any purpose or in any manner contrary to the provisions hereof,
in furtherance of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law §247.
Similar recognition by the federal government includes §170(h) of the
Internal Revenue Code ("IRC") and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's agricultural and other resources and
to otherwise aid in identifying and documenting such values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the ""Baseline Documentation"). This Baseline
Documentation includes, but need not be limited to, a survey prepared by
John Minto, L.S., dated January 30, 2023, and a Phase 1 Environmental Site
Assessment dated February 21, 2023 by Nelson, Pope & Voorhis, LLC.
3
1 r
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports, photographs or other evidence to assist in the
resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "'Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "'provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definitions
"'Development Rights" shall mean the permanent legal interest and
right to restrict the use of the Property to uses or purposes consistent with
the terms of this Easement, including agricultural production as that term is
presently referenced in §247 of the General Municipal Law and defined in
Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or
"Code") now, or as they may be amended,-and including the production of
crops, livestock and livestock products as defined in §301(2) of the New
York State Agriculture and Markets Law ("Agriculture and Markets Law"),
now, or as said §301(2) may be amended. No future restrictions in said
laws or limitations in the definitions set forth in said laws shall preclude a
use that is permitted under the current law as of the date of this Easement.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
4
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other non-agricultural purposes. Land that is in agricultural
production, including sod farming, or land in a fallow or otherwise idled
manner, is not "Lawn."
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the
holding of horse- shows or other equine events.
"Structure" shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, temporary animal shelters or fencing necessary for
agricultural operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities and provides Grantee with the
right to administer, manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons or
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor and/or
Grantee" when used herein shall include all of those persons or entities.
5
ARTICLE TWO
SALE
GRANTOR, for TWO MILLION SIXTY TWO THOUSAND FOUR HUNDRED
DOLLARS AND 00/100 ($2,062,400.00) and such other good and valuable
consideration, hereby grants, releases, and conveys to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee
hereby accepts this Easement in perpetuity, and undertakes to enforce it
against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except as
after review by the Southold Town Land Preservation Committee ("Land
Preservation Committee") for consistency with the Purpose and other terms
of this Easement, and as permitted under other applicable provisions of the
Town Code and Sections 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to review by the Land Preservation Committee.
Mineral exploitation, and extraction of any mineral, including but not
limited to soil, gravel, sand and hydrocarbons, by any method, surface or
subsurface, is prohibited.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
from the Land Preservation Committee.
6
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any other applicable State
or local law. "Subdivision" shall include the division of the portion of-the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot .
lines between the Property and adjacent parcels, or subdivide the Property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
conservation instrument.
Notwithstanding this Section 3.03, upon the death of Grantor or its
Members, the underlying fee interest may be divided by conveyance of parts
thereof to Grantor's executor, trustee, heirs or next of kin by will or
operation of law.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices on the
Property, including fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs whose placement, number, and design do not significantly
diminish the scenic character of the Property and only for any of the
following purposes: (a) to state the name of the Property and the names
and addresses of the occupants and the character of the business conducted
thereon, (b) to temporarily advertise the Property or any portion thereof for
sale or rent, (c) to post the Property to control unauthorized entry or use, or
(d) with the consent of the Grantor, to announce Grantee's easement. Signs
are subject to regulatory requirements of the Town.
7
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to §4.06 shall be prohibited without
the prior written consent of the Grantee. Underground utilities must, to the
extent possible, be constructed within 30 feet of the centerline of any roads
or driveways, and may be used to service the permitted structures on the
Property, and on adjacent properties subject to a development rights
easement or other conservation instrument. Existing underground irrigation
systems may be repaired or replaced without the consent of or review by the
Grantee.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
uses, permanent or temporary, including but not limited to a riding
academy, shall be prohibited. For the purposes of this section, agricultural
production, as that term is presently referenced in §247 of the General
Municipal Law and defined in Chapter 70 of the Town Code, now, or as they
may be amended, and including the production of crops, livestock and
livestock products as defined in §301(2) of the Agriculture and Markets Law,
now or as said §301(2) may be amended, shall not be considered a
commercial use.
Uses, improvements and activities permitted by the Town Code now or
in the future on agricultural lands protected by a development rights
easement or other instrument, including but not limited to farmstands, shall
not be considered a commercial use. No improvements, uses or activities
inconsistent with current or future agricultural production shall be permitted
on the Property. Under no circumstances shall athletic fields, golf courses or
ranges, commercial airstrips and helicopter pads, motorcross biking, or any
other improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
Grantor shall not establish or maintain a Lawn on the Property.
Hunting is permitted on the Property provided it does not interfere
with agricultural production and is conducted in accordance with sound
agricultural management practices.
8
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service (""NRCS").
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property or
onto adjoining properties.
3.10 Lot Yield; Future Development
Except as provided herein, the use of the acreage of this Property for
purposes of calculating lot yield on any other Property shall be prohibited.
Grantor hereby relinquishes to Grantee all existing rights to develop the
Property (and any such further rights that 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 Purpose of
this Easement or other applicable law. These uses shall not be offered or
provided for commercial purposes, including the commercial gain of Grantor
or others. Hunting to remove predators which harm agriculture production
shall not be deemed a recreational use or a use for commercial purposes.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property as
evidenced by the documentation set forth in Section 0.05. Grantor shall
have the right to remove or restore trees, shrubs, or other vegetation when
deemed to be invasive, dead, diseased, decayed or damaged or interfering
with agricultural production or other permitted uses of the Property,
including activities permitted in Section 4.06, to thin and prune trees to
maintain or improve the appearance of the Property or to benefit permitted
structures and improvements, and to mow the property. Notwithstanding
the above, Grantor is prohibited from establishing or maintaining a Lawn on
the Property, as set forth in 3.07.
4.05 Agricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
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 Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in Chapter 70
of the Town Code or any successor chapter, structures shall be prohibited
except as set forth in Section 4.06 herein and as permitted by the Town
Code now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect,
alter and maintain the following improvements on the Property, as may be
permitted by the Town Code and subject to review by the Town of Southold
Land Preservation Committee, provided the improvements are consistent
with and do not derogate from or defeat the Purpose of this Easement or
other applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property, or on adjoining
lands subject to a development rights easement or
other conservation instrument;
(ii) New construction, including drainage
improvement structures, provided such structures are
related to or accessory to agricultural production; .
(iii) Renovation, maintenance, alteration, expansion and
repairs of any existing structures or structures built or
permitted pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural;
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 Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section
4.06 impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted in kind and within the
same general location, subject to the review and written approval of
Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications and obtain all necessary approvals that
may be required by this Easement or by the Town Code, and shall provide
documentation as may be required for such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically 'set forth that the
12
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the Property. Any
such further restrictions shall be consistent with and in furtherance of the
general intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make.those payments,
subject, however, to Grantor's right to grieve or contest such assessment.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, arising from injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, provided same arises when Grantee or its agents is lawfully on the
Property, or from any taxes, levies or assessments upon it or resulting from
this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
13
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any.of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors, or those matters arising when such
persons are not lawfully on the property. Grantor as used in Section 5.02
and 5.03 shall refer only to the owner of the Premises at the time the injury,
damage, action or claim arose.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.02 and
6.03, or to permit access upon the Property by the public.
Notwithstanding the above, Grantee's use of drones shall be limited to
purposes of Enforcement of this Easement and to inspection under this
Easement when traditional means are not available, and shall occur only
with prior notice to Grantor and consent for same, which consent shall not
be unreasonably withheld.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
14
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not as a limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within thirty (30) days'
notice thereof by Grantee or such longer period as is reasonable during
which time Grantor is curing or attempting to cure such breach, default or
violation, taking into account extreme weather conditions or catastrophic
events (which such time period for notice is expressly waived by Grantor
with respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and protect any
of the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and expense
and at Grantee's election, taking into account extreme weather conditions or
other emergency conditions or other emergency or catastrophic events:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee reasonably deems necessary or
desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided,
however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right or
available remedy on Grantee's part with respect to such breach,
default, or violation or with respect to any other breach, default
or violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court.
15
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.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered electronically and by first class mail, or by hand or by certified
mail, return receipt requested, with sufficient prepaid postage affixed and
with return receipts requested, or by nationally recognized overnight courier
(USPS, Federal Express, etc.). Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as Grantor
may designate by notice in accordance with this Section 6.04. Mailed notice
to Grantee shall be addressed to its principal office recited herein, marked to
the attention of the Supervisor and the Town Attorney, or to such other
address as Grantee may designate by notice in accordance with this Section
6.04. Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
A copy shall also be sent to: taxcertesq@optimum.net for the Grantor and
to the Town Attorney and the Land Preservation Coordinator and/or
Department for the Grantee, or such other address provided to the other
party by notice set forth above.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
16
4
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural value of the
Property. If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current owner of the Property and in accordance with any
applicable State and local laws. Any such amendment shall be consistent
with the Purpose of this Easement and shall comply with the Town Code and
any regulations promulgated hereunder, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h).
The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of §170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except.pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
17
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of those
property rights or interests which were acquired by the Town prior to any
such amendment.
In addition to the limitations set forth above, Grantee shall have the
right to transfer all or part of this Easement to any public agency, or private
non-governmental organization, that at the time of transfer is a "qualified
organization" under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the
Grantee by this Easement, whereupon all references to Grantee shall be to
such entity.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency
that agrees to assume the responsibilities imposed by this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective.
7.05 Governing Law
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
18
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Reservation of a Future Trail Easement. Notwithstanding the
provisions contained in this Agreement, Grantors, their successors and
assigns, at Grantors' sole discretion, may, in the future, grant additional
interests and property rights to the Grantee for the purposes of establishing
a pedestrian "Trail Easement" that is open and available for use by the
general public over a portion of the Subject Area without the need for
amendment or modification to this Agreement. Said future Trail Easement
shall not be considered an alienation of interest or rights in real property
acquired herein by the Grantee. Said future Trail Easement shall be subject
to the terms mutually agreeable to the Grantors and the Grantee, but shall
as a minimum include the following terms:
A. The Trail Easement that shall not exceed twenty (20') feet in
width and shall be designated and shown on a survey prepared by a licensed
surveyor and at Grantee's expense. The future Trail Easement shall be
located on a portion of the Subject Property mutually agreed upon by the
Grantors and Grantee so that its use will not unreasonably interfere with the
agricultural use of the Subject Property.
B. Grantee shall have the right to create and construct a
footpath/trail within the future Trail Easement in accordance with the
standards and specifications of the Town of Southold
C. The creation and construction of a footpath/trail within the future
Trail Easement shall be contingent upon the actual establishment and
linkage with other nearby and contiguous trails.
19
D. Grantee's rights and liabilities to use, operate and maintain a
footpath/trail within the future Trail Easement shall not become effective
unless and until the footpath/trail is actually physically constructed as
provided herein and the Town Board of the Town of Southold, duly
acknowledges and accepts said pedestrian trail as part of the Town's trails
system and map.
E. The future Trail Easement shall not be utilized for any purposes
other than providing a travel route for the general public for pedestrian
activities and trail related activities, such as hiking, subject to the limitations
of use, as may be determined by the Town Board and agreed to by the
Grantor.. Access by the general public in or on motorized vehicles is
expressly prohibited and no streets, roadways or other rights-of-way or
easements for vehicular use shall be constructed or granted therein.
F. Access by the general public to the future Trail Easement shall
be only to and from contiguous greenbelt trails, public thoroughfares or
other such officially designated access points. Access to and upon adjacent
private lands shall be expressly prohibited. Nothing in the future Trail
Easement shall grant the general public the right to park vehicles on the
adjoining private property or roads.
Nothing herein shall require Grantor to grant a Trail Easement, nor shall this
Reservation create any restriction on the Property or the consideration
therefor, this provision being intended only to all such an easement grant
and to confirm that such grant shall not be deemed an alienation of
Development Rights granted by the Development Rights Easement.
7.09 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.10 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.
7.11 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
20
7.12 Sale of Property and Assignment of Development Rights Purchase and
Sale Agreement
In the event that the subject property is sold and the Development
Rights Purchase and Sale Agreement is assigned to the purchaser, then all
references to Grantor herein shall mean Purchaser/Assignee and Grantor
shall have no further rights or obligations pursuant to said Development
Rights Purchase and Sale Agreement or the provisions of this Easement.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Grand of Development Rights Easement on
the day and year set forth above.
INTENTIONALLY LEFT BLANK
21
By: /
GE 2 q Lp FIWK C L , 2�S/D EnI T
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY:
Scott A. Fussell, Supervisor
Y'
r�
r'
r
A�
r"
21
STA TE OF NEW YORK)
COUNTY OF SbF_FeL C), SS.•
On the �' day of---2 '' in the year 2023 before me, the undersigned,
personally appeared G-cr"_ personally known to me or proved to me on the
basis ofsatisfactoty evidence to be the individual(s) whose name(s)is(are)subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the
/nd/v/dual(s), or the person upon behalf of which the lndlvidual(s)acted, executed the
instrument.
Signatur%>fce of individual taking acknowledgement
=Public,
A SESSA
ate of NewYork
011444 November Nassau 21,201STA TE OF NEW YORK
COUNTY OFSUFFOLK ) SS.•
On this)-q'd'ay of ftl) in the year 2023 before me, the undersigned,
persona//y appeared Scott A. Russell, personally known to me or pro ved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s)/s(are)subscribed
to the wl thin instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(/es), and that by his/her/their signature(s) on the instrument,
the indiv/dual(s), or the person upon behalf of which the individual(s)acted, executed
the instrument
ignatur%>fce of individual taking acknowledgement
JEANNE D GIARRATANO
NOTARY PUBLIC,STATE OF NEW YORK
Registration No.OIG16094250 �2�
Qualified in Suffolk County
Commission Expires June l6,
22
ALTA Owner's Policy(06-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
Jok
Ste'1/lii/car
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS,STEWART TITLE INSURANCE COMPANY, a New York corporation, (the"Company")insures, as of Date of Policy and,to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or Impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate
and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land
onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the
extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned by: *�" '
%N§gl"�+"7
John Frates
1987 "- President and General Counsel
Craig Goiqllenerq
Division P es' ent
David Hisey
Secretary
If you want information about coverage or need assistance to resolve complaints,please call our toll free number: 1-800-433-0014. If you make a claim under your
policy,you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at httos://www.stewart.com/new-vork
Serial No.: 0-8911-000938327
He No.: 71239749
COVERED RISKS(Continued)
9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or
(a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor.
title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included in
vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been
constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and
bankruptcy,state insolvency,or similar creditors'rights laws;or prior to the recording of the deed or other instrument of transfer in the Public
(b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A.
A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs,attorneys'fees,and expenses incurred in
insolvency,or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent
its recording in the Public Records provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at
and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed
that arise by reason of: in writing to the Company by the Insured Claimant prior to the date
1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy;
those relating to building and zoning)restricting, regulating, prohibiting,or (c) resulting in no loss or damage to the Insured Claimant;
relating to (d) attaching or created subsequent to Date of Policy(however,this does
(i) the occupancy,use,or enjoyment of the Land; not modify or limit the coverage provided under Covered Risk 9 and
(ii) the character, dimensions, or location of any improvement 10);or
erected on the Land; (e) resulting in loss or damage that would not have been sustained if the
(iii) the subdivision of land;or Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state
or the effect of any violation of these laws, ordinances, or governmental Insolvency,or similar creditors'rights laws,that the transaction vesting the
regulations. This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is
under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or
(b) Any governmental police power. This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of
or limit the coverage provided under Covered Risk 6. this policy.
2. 2.Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy and
3. Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed or other instrument of transfer in the Public
(a) created,suffered,assumed,or agreed to by the Insured Claimant; Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS purposes.
The following terms when used in this policy mean: (ii) With regard to(A),(B),(C),and(D)reserving,however,all
(a) "Amount of Insurance": The amount stated in Schedule A,as may rights and defenses as to any successor that the Company
be increased or decreased by endorsement to this policy, would have had against any predecessor Insured.
increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant": An Insured claiming loss or damage.
these Conditions. (f) "Knowledge" or "Known": Actual knowledge, not constructive
(b) "Date of Policy": The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason
Schedule A. of the Public Records or any other records that impart constructive
(c) "Entity": A corporation,partnership,trust,limited liability company, notice of matters affecting the Title.
or other similar legal entity. (g) "Land": The land described in Schedule A, and affixed
(d) "Insured": The Insured named in Schedule A. improvements that by law constitute real property. The term
(i) The term"Insured"also includes "Land"does not include any property beyond the lines of the area
(A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, interest, estate, or
law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways,
devisees,survivors, personal representatives,or next or waterways, but this does not modify or limit the extent that a
of kin; right of access to and from the Land is insured by this policy.
(B) successors to an Insured by dissolution, merger, (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security
consolidation,distribution,or reorganization; instrument, including one evidenced by electronic means
(C) successors to an Insured by its conversion to another authorized by law.
kind of Entity; (1) "Public Records": Records established under state statutes at
(D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of
payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and
(1) if the stock,shares,memberships,or other equity without Knowledge. With respect to Covered Risk 5(d), "Public
interests of the grantee are wholly-owned by the Records"shall also include environmental protection liens filed in
named Insured, the records of the clerk of the United States District Court for the
(2) if the grantee wholly owns the named Insured, district where the Land is located.
(3) if the grantee is wholly-owned by an affiliated Entity (j) "Title": The estate or interest described in Schedule A.
of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title": Title affected by an alleged or apparent
the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the
person or Entity,or Title or lender on the Title to be released from the obligation to
(4) if the grantee is a trustee or beneficiary of a trust purchase,lease,or lend if there is a contractual condition requiring
created by a written instrument established by the the delivery of marketable title.
Insured named in Schedule A for estate planning
CONDITIONS(Continued)
Serial No.: 0-8911-000938327
File No.:71239749
2. CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining
The coverage of this policy shall continue in force as of Date of Policy witnesses,prosecuting or defending the action or proceeding,or
in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (ii) in any other lawful act that in the
or interest in the Land,or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to
money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as insured. If the Company
as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required
or conveyance of the Title. This policy shall not continue in force in cooperation,the Company's obligations to the Insured under the
favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to
in the Land,or(ii)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation,with regard to the
given to the Insured. matter or matters requiring such cooperation.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination,
any litigation as set forth in Section 5(a)of these Conditions,(ii)in case p copying,at such reasonable times and places as
inspection,and
Knowledge shall come to an Insured hereunder of any claim of title or may be designated by the authorized representative of the
interest that is adverse to the Title, as insured, and that might cause Company,all records,in whatever medium maintained,including
loss or damage for which the Company may be liable by virtue of this books,ledgers,checks,memoranda,correspondence,reports,e-
policy,or(iii)if the Title,as insured,is rejected as Unmarketable Title. If mails,disks,tapes,and videos whether bearing a date before or
the Company is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage.
provide prompt notice,the Company's liability to the Insured Claimant Further, if requested by any authorized representative of the
under the policy shall be reduced to the extent of the prejudice. Company, the Insured Claimant shall grant its permission, in
4. PROOF OF LOSS writing, for any authorized representative of the Company to
examine,inspect,and copy all of these records in the custody or
In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or
damage, the Company may, at its option, require as a condition of damage. All information designated as confidential by the Insured
payment that the Insured Claimant furnish a signed proof of loss. The Claimant provided to the Company pursuant to this Section shall
proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of
matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the
damage and shall state,to the extent possible,the basis of calculating claim. Failure of the Insured Claimant to submit for examination
the amount of the loss or damage. under oath, produce any reasonably requested information, or
grant permission to secure reasonably necessary information
5. DEFENSE AND PROSECUTION OF ACTIONS
from third parties as required in this subsection,unless prohibited
(a) Upon written request by the Insured,and subject to the options by law or governmental regulation,shall terminate any liability of
contained in Section 7 of these Conditions,the Company,at its the Company under this policy as to that claim.
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
a claim covered by this policy adverse to the Insured. This TERMINATION OF LIABILITY
obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the
matters insured against by this policy. The Company shall have following additional options:
the right to select counsel of its choice(subject to the right of the (a) To Pay or.Tender Payment of the Amount of Insurance. To pay
Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy
as to those stated causes of action. It shall not be liable for and together with any costs,attorneys'fees,and expenses incurred by
will not pay the fees of any other counsel. The Company will not the Insured Claimant that were authorized by the Company up to
pay any fees, costs,or expenses incurred by the Insured in the the time of payment or tender of payment and that the Company
defense of those causes of action that allege matters not insured is obligated to pay. Upon the exercise by the Company of this
against by this policy. option,all liability and obligations of the Company to the Insured
(b) The Company shall have the right, in addition to the options under this policy,other than to make the payment required in this
contained in Section 7 of these Conditions, at its own cost, to subsection,shall terminate, including any liability or obligation to
institute and prosecute any action or proceeding or to do any other defend,prosecute,or continue any litigation.
act that in Its opinion may be necessary or desirable to establish (b) To Pay or Otherwise Settle With Parties Other Than the Insured
the Title,as insured,or to prevent or reduce loss or damage to the or With the Insured Claimant.
Insured. The Company may take any appropriate action under (i) To pay or otherwise settle with other parties for or in the
the terms of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against
Insured. The exercise of these rights shall not be an admission of under this policy. In addition, the Company will pay any
liability or waiver of any provision of this policy. If the Company costs,attorneys'fees,and expenses incurred by the Insured
exercises its rights under this subsection,it must do so diligently. Claimant that were authorized by the Company up to the
(c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay;
required or permitted by this policy,the Company may pursue the or
litigation to a final determination by a court of competent (ii) To pay or otherwise settle with the Insured Claimant the loss
jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any
discretion,to appeal any adverse judgment or order. costs,attorneys'fees,and expenses incurred by the Insured
Claimant that were authorized by the Company up to the
6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay.
(a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options
prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(i)or(ii),the Company's obligations
and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage,
right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate,
proceeding, including the right to use,at its option,the name of Including any liability or obligation to defend, prosecute, or
the Insured for this purpose. Whenever requested by the continue any litigation.
Company,the Insured,at the Company's expense,shall give the
CONDITIONS(Continued)
8. DETERMINATION AND EXTENT OF LIABILITY damage sustained or incurred by the Insured Claimant who has
This policy is a contract of indemnity against actual monetary loss or suffered loss or damage by reason of matters insured against by this
File No.: 71239749 Serial No.: 0-8911-000938327
policy.
(a) The extent of liability of the Company for loss or damage under 14. ARBITRATION
this policy shall not exceed the lesser of Either the Company or the Insured may demand that the claim or
(i) the Amount of Insurance;or controversy shall be submitted to arbitration pursuant to the Title
(ii) the difference between the value of the Title as insured and Insurance Arbitration Rules of the American Land Title Association
the value of the Title subject to the risk insured against by ("Rules'). Except as provided in the Rules,there shall be no joinder or
this policy. consolidation with claims or controversies of other persons. Arbitrable
(b) If the Company pursues its rights under Section 5 of these matters may include, but are not limited to, any controversy or claim
Conditions and is unsuccessful in establishing the Title, as between the Company and the Insured arising out of or relating to this
insured, policy,any service in connection with its issuance or the breach of a
(i) the Amount of Insurance shall be increased by 10%,and policy provision,or to any other controversy or claim arising out of the
(ii) the Insured Claimant shall have the right to have the loss or transaction giving rise to this policy. All arbitrable matters when the
damage determined either as of the date the claim was Amount of Insurance is$2,000,000 or less shall be arbitrated at the
made by the Insured Claimant or as of the date it is settled option of either the Company or the Insured. All arbitrable matters when
and paid. the Amount of Insurance is in excess of$2,000,000 shall be arbitrated
(c) In addition to the extent of liability under(a)and(b),the Company only when agreed to by both the Company and the Insured. Arbitration
will also pay those costs,attorneys'fees,and expenses incurred pursuant to this policy and under the Rules shall be binding upon the
in accordance with Sections 5 and 7 of these Conditions. parties. Judgment upon the award rendered by the Arbitrator(s)may
9. LIMITATION OF LIABILITY be entered in any court of competent jurisdiction.
(a) If the Company establishes the Title, or removes the alleged 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
defect,lien,or encumbrance,or cures the lack of a right of access CONTRACT
to or from the Land,or cures the claim of Unmarketable Title,all (a) This policy together with all endorsements,if any,attached to it by
as insured, in a reasonably diligent manner by any method, the Company is the entire policy and contract between the Insured
including litigation and the completion of any appeals,it shall have and the Company. In interpreting any provision of this policy,this
fully performed its obligations with respect to that matter and shall policy shall be construed as a whole.
not be liable for any loss or damage caused to the Insured. (b) Any claim of loss or damage that arises out of the status of the
(b) In the event of any litigation,including litigation by the Company Title or by any action asserting such claim shall be restricted to
or with the Company's consent, the Company shall have no this policy.
liability for loss or damage until there has been a final (c) Any amendment of or endorsement to this policy must be in writing
determination by a court of competent jurisdiction,and disposition and authenticated by an authorized person, or expressly
of all appeals,adverse to the Title,as insured, incorporated by Schedule A of this policy.
(c) The Company shall not be liable for loss or damage to the Insured (d) Each endorsement to this policy issued at any time is made a part
for liability voluntarily assumed by the Insured in settling any claim of this policy and is subject to all of its terms and
or suit without the prior written consent of the Company. provisions. Except as the endorsement expressly states,it does
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF not(i) modify any of the terms and provisions of the policy, (ii)
modify any prior endorsement, (iii)extend the Date of Policy,or
LIABILITY (iv)increase the Amount of Insurance.
All payments under this policy, except payments made for costs,
attorneys'fees,and expenses, shall reduce the Amount of Insurance 16. SEVERABILITY
by the amount of the payment. In the event any provision of this policy,in whole or in part,is held invalid
or unenforceable under applicable law,the policy shall be deemed not
11. LIABILITY NONCUMULATIVE to include that provision or such part held to be invalid, but all other
The Amount of Insurance shall be reduced by any amount the Company provisions shall remain in full force and effect.
pays under any policy insuring a Mortgage to which exception is taken
in Schedule B or to which the Insured has agreed,assumed,or taken 17. CHOICE OF LAW;FORUM
subject, or which is executed by an Insured after Date of Policy and (a) Choice of Law: The Insured acknowledges the Company has
which is a charge or lien on the Title,and the amount so paid shall be underwritten the risks covered by this policy and determined the
deemed a payment to the Insured under this policy, premium charged therefore in reliance upon the law affecting
interests in real property and applicable to the interpretation,
12. PAYMENT OF LOSS rights, remedies,or enforcement of policies of title insurance of
When liability and the extent of loss or damage have been definitely the jurisdiction where the Land is located.
fixed in accordance with these Conditions,the payment shall be made Therefore, the court or an arbitrator shall apply the law of the
within 30 days, jurisdiction where the Land is located to determine the validity of
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case shall
(a) Whenever the Company shall have settled and paid a claim under the court or arbitrator apply its conflicts of law principles to
this policy,it shall be subrogated and entitled to the rights of the determine the applicable law.
Insured Claimant in the Title and all other rights and remedies in (c) Choice of Forum: Any litigation or other proceeding brought by
respect to the claim that the Insured Claimant has against any the Insured against the Company must be filed only in a state or
person or property,to the extent of the amount of any loss,costs, federal court within the United States of America or its territories
attorneys'fees,and expenses paid by the Company. If requested having appropriate jurisdiction.
by the Company,the Insured Claimant shall execute documents
to evidence the transfer to the Company of these rights and 18. NOTICES,WHERE SENT
remedies. The Insured Claimant shall permit the Company to sue, Any notice of claim and any other notice or statement in writing required to
compromise,or settle in the name of the Insured Claimant and to be given to the Company under this policy must be given to the Company at
use the name of the Insured Claimant in any transaction or Claims Department at 2 Grand Central Tower, 140 East 45th Street,33rd
litigation involving these rights and remedies. If a payment on Floor,New York,NY 10165.
account of a claim does not fully cover the loss of the Insured
Claimant, the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its
loss.
(b) The Company's right of subrogation includes the rights of the
Insured to indemnities,guaranties,other policies of insurance,or
bonds,notwithstanding any terms or conditions contained in those
instruments that address subrogation rights.
11 Serial No.: 0-8911-000938327
File No.:71239749
stewart ti do Policy Number: 0-8911-000938327
Date of Policy: July 24, 2023
File Number: 71239749
Name and Address of Title Insurance Company: Stewart Title Insurance Company
2 Grand Central Tower
140 East 45th Street, 33rd Floor
New York, NY 10017
SCHEDULE A— CERTIFICATION
Amount of Insurance: $2,062,400.00
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this policy is:
Easement
3. Title is vested in:
The Town of Southold by virtue of a Development Rights Easement Agreement from E & C
Property Holding II, Inc., a New York Corporation dated 7/24/2023 to be duly recorded in
the Suffolk County Clerk's/Registers Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000 Section: 083.00 Block: 02.00 Part of Lot: 017.001
- Schedule A Certification(Page 1 of 1) -
st�-i'1�V'art titin Policy Number: 0-8911-000938327
�i Date of Policy: July 24, 2023
File Number: 71239749
SCHEDULE A— DESCRIPTION
DEVELOPMENT RIGHTS EASEMENT TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and THENCE along land now or formerly of Robert Carita and land now or formerly
of the Town of Southold, North 40 degrees 27 minutes 25 seconds West 527.79 feet and from said point of
beginning;
RUNNING THENCE along lands as shown on "Map of Woodbine Manor," filed December 15, 1986 as
Map No. 8239, the northeasterly sides of Thar Lane and Olivia Lane, along land now or formerly of
Jacqueline P. Liden, and along land now or formerly of Thomas Mangiamele, the following two (2) courses
and distances:
1. North 40 degrees 27 minutes 25 seconds West 972.06 feet; and
2. North 40 degrees 25 minutes 00 seconds West 1,441.23 feet to the southeasterly side of Duck Pond
Road;
THENCE along the southeasterly side of Duck Pond Road, North 31 degrees 27 minutes 30 seconds East
21.05 feet to land now or formerly of E&C Property Holding II, Inc.;
THENCE along said land, the following two (2) courses and distances:
1. South 40 degrees 25 minutes 00 seconds East 58.97 feet; and
2. South 88 degrees 34 minutes 00 seconds East 569.33 feet to land now or formerly of Richard J.
McBride;
THENCE along said land, South 41 degrees 43 minutes 00 seconds East 2,510.86 feet to the
northwesterly side of Oregon Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
100.00 feet to land now or formerly of June Behr;
THENCE along said land, the following two (2) courses and distances:
1. North 41 degrees 45 minutes 20 seconds West 150.00 feet; and
- Schedule A Description(Page 1 of 3) -
st a art tit'o Policy Number: 0-8911-000938327
Date of Policy: July 24, 2023
File Number: 71239749
2. South 49 degrees 44 minutes 40 seconds West 150.00 feet;
THENCE North 41 degrees 45 minutes 20 seconds West, 377.97 feet;
THENCE South 49 degrees 44 minutes 40 seconds West, 238.04 feet to land now or formerly of the Town
of Southold and the point or place of BEGINNING.
TOTAL PROPERTY AREA (ALL OF LOT 017.001) NOT TO BE INSURED:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County'of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and from said point of beginning;
RUNNING THENCE along land now or formerly of Robert Carita, land now or formerly of the Town of
Southold, the northeasterly sides of Thar Lane and Olivia Lane, lands as shown on "Map of Woodbine
Manor," filed December 15, 1986 as Map No. 8239, along land now or formerly of Jacqueline P. Liden, and
along land now or formerly Thomas Mangiamele, the following two (2) courses and distances:
1. North 40 degrees 27 minutes 25 seconds West 1,499.85 feet; and
2. North 40 degrees 25 minutes 00 seconds West 1,441.23 feet to the southeasterly side of Duck Pond
Road;
THENCE along the southeasterly side of Duck Pond Road, North 31 degrees 27 minutes 30 seconds East
21.05 feet to land now or formerly of of E&C Property Holding II, Inc.;
THENCE along said land the following two (2) courses and distances:
1. South 40 degrees 25 minutes 00 seconds East 58.97 feet;
2. South 88 degrees 34 minutes 00 seconds East 569.33 feet to land now or formerly of Richard J.
McBride;
THENCE along said land, South 41 degrees 43 minutes 00 seconds East 2,510.86 feet to the
northwesterly side of Oregon Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
100.00 feet to land now or formerly of June Behr;
THENCE along said land, the following three (3) courses and distances:
1. North 41 degrees 45 minutes 20 seconds West 150.00 feet;
- Schedule A Description(Page 2 of 3) -
stewart thio Policy Number: 0-8911-000938327
Date of Policy: July 24, 2023
File Number: 71239749
2. South 49 degrees 44 minutes 40 seconds West 150.00 feet; and
3. South 41 degrees 45 minutes 20 seconds East 150.00 feet to the northwesterly side of Oregon
Road; and
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West
250.00 feet to the point or place of BEGINNING.
RESERVE AREA-NOT TO BE INSURED•
AMENDED 7/20/2023
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northwesterly side of Oregon Road, distant 477.04 feet northeasterly from
the corner formed by the intersection of the northeasterly side of Duck Pond Road and the northwesterly
side of Oregon Road; and from said point of beginning;
RUNNING THENCE along land now or formerly of Robert Carita and land now or formerly of the Town
of Southold, North 40 degrees 27 minutes 25 seconds West 527.79 feet;
THENCE North 49 degrees 44 minutes 40 seconds East, 238.04 feet;
THENCE South 41 degrees 45 minutes 20 seconds East, 527.97 feet to the northwesterly side of Oregon
Road;
THENCE along the northwesterly side of Oregon Road, South 49 degrees 44 minutes 40 seconds West,
250.00 feet to the point or place of BEGINNING.
- Schedule A Description (Page 3 of 3) -
S}�W� t' ip Policy Number: 0-8911-000938327
{. Iii Date of Policy: July 24, 2023
File Number: 71239749
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or
expenses that arise by reason of:
1. Rights of tenants or parties in possession, if any.
2. Policy excepts all water charges from date of the last actual reading of the meter including all charges
entered hereafter but which might include usage prior to the date of this policy.
3. Survey exceptions as shown on survey covering premises and.more made by John Minto Land
Surveyor, last dated 1/30/2023 (Survey Job Number 23\Oregon):
AFFECTING DEVELOPMENT RIGHTS EASEMENT TO BE INSURED ONLY:
a. Subject to the rights of others over an Earth Road along easterly line and easterly part of
premises and extending east of easterly line.
b. Subject to rights of utility companies to utility poles which vary along northerly, easterly and
southerly lines;
c. Chain link fence varies up to 1.5 feet south'of southerly line;
d. Guard rails vary along parts of westerly line;
e. Vinyl, chain link and post & rail fences vary up to 1.0 feet east and encroach up to 3.4 feet west of
westerly line.
4. Terms, conditions, restrictions, and other matters set forth in the Development Rights Easement
Agreement made by and between the Town of Southold and E & C Property Holding II, Inc., a New
York Corporation dated 7/24/2023 to be duly recorded in the Office of the Suffolk County Clerk's
Office,
-Schedule B Part I(Page 1 of 1)-
Stewart ti Lio Policy Number: 0-8911-000938327
1• Date of Policy: July 24, 2023
File Number: 71239749
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
1. The following is added as a Covered Risk:
"11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials
furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the
estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by
governmental authority and created or attaching between Date of Policy and the date of recording of the
deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms
and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express
provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms
and provisions of the policy and of any prior endorsements.
Countersigned By:
w.t ^':.;'r �lokrort Fr�7.tes
T 1987 `'
Presidr'rrot:ro�iU GCcwCai Car'urrosot
_ - Al Itori r d U.ffice o ~.rll;etti
./ t,id Hisoy
Secretary
Stewart Title Insurance Company
2 Grand Central Tower
140 East 45th Street, 33rd Floor
New York, NY 10017
STANDARD NEW YORK ENDORSEMENT(7/01/12)
FOR USE WITH ALTA OWNER'S POLICY(6-17-06)
stewart titles Policy Number: 0-8911-000938327
4. Date of Policy: July 24, 2023
File Number: 71239749
POLICY AUTHENTICATION ENDORSEMENT
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not
deny liability under the policy or any endorsements issued with the policy solely on the grounds that the
policy or endorsements were issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of
the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or
(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is
inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this
endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
Countersigned By:
..�-•........y
Jahn Prates
;r c� President and Goneral Gounce[
1987
i Uri CCDC)ff`il:Pfl'�tlgellt _ tYi•L k.a0 ! .
)CIovid Hisey
Stewart Title Insurance Company sacrdtary
2 Grand Central Tower
140 East 45th Street, 33rd Floor
New York,NY 10165
TI RSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016)
CLOSING-STATEMENT
E&C PROPERTY HOLDING II, INC. \
to
TOWN OF SOUTHOLD
SCTM #1000-83.-2-17.1
Development Rights Easement Area—25.78 acres
Total Parcel Acreage—28.74 acres
Reserve Area—2.96 acres
Premises: 10475 Oregon Road, Cutchogue, New York
Contract Executed: January 20, 2023
Closing Date: July 24, 2023 @
Southold Town Hall Annex
Purchase Price of $ 2,062,400.00 (based upon 25.78 acres buildable acres
@ $80,000.00 per buildable acre) disbursed as follows:
Payable to Educational & Cultural Trust Fund of the Electrical Industry
Check#152399 (7/18/2023) $ 2,062,400.00
Expenses of Closing:
Appraisal
Payable to Elinor Brunswick, MAI $ 3,500.00
Check#149263 (7/19/2022)
Survey
Payable to John Minto, L.S. $ 6,450.00
Check#151446 (3/28/2023)
Environmental Report(.Phase l ESA j0642- 467-1).
Payable to Nelson, Pope &Voorhis, LLC $ 1,850.00
Check#151356 (3/14/2023)
title.'Report 071:239749:;
Payable to Stewart Title Insurance Co $ 9,195.00
Check#152489 (7/24/2023)
Title Insurance Policy $ 7,980.00
Bankruptcy & Patriot Search $ 80.00
Certificate of Good Standing $ 150.00
Recording Fees $ 985.00
Title-Closer Attendance-Fee
Payable to Jeanne D. Giarratano Inc. $ 350.00
Check#152432 (7/18/2023)
Those present at Closing:
Scott A. Russell . Southold Town Supervisor
Mary C. Wilson, Esq. Attorney for Town of Southold (by phone)
Scott DeSimone, Esq. Attorney for E&C Property Holding Il, Inc
Christine Sessa, Esq. Attorney for E&C Property Holding Il, Inc.
Jeanne D. Giarratano Town's Title Closer
Lillian F. McCullough Land Preservation Executive Assistant
Cathy Kreshon Land Preservation Senior Office Assistant
e r
—o—
q TOWN OF SOUTHOLD
VENDOR 005292 EDUCATIONAL & CULTURAL TRUST 07/18/2023 CHECK 152399
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 23-134 2023-134 25.78A DEV RGHT EASEME 2, 062,400.00
TOTAL 2,062,400.00
r r v
U "
a
m
a "
m
N
A
..� �.� ....-_c'•:r.`._..;�,?� .�"LL��,„�i'''..-..'7.aA da•:'1 J�_i�`*�.�a aY'.�.��"��.::Y,..?F���Yr,' .aI�gse1��,,.';.t��'?�a�r a�y.�'�•HI�''�.',., .._ ._,..,.."ii,-._".--;,..��.
s TOWN OFSOUTHOLDAUDIT 07/18/2023
53095 MAIN ROAD,PO BOX 1179 F
SOUTHOLD,NY11971.0959 CHECK NO. 152399THE SUFFOLK CO.
•• CUTCHOGUE,NY 1N935 NAL BANK DATE AMOUNT
j 50.5451214 07/18/2023 $2,062,400.00
TWO MILLION SIXTY TWO THOUSAND FOUR HUNDRED AND 00/100 DOLLARS
� ��o�Qs11FfOL�KcOG
jpAy EDUCATIONAL & CULTURAL TRUST
170 FUND OF ELECTRICAL INDUSTRY yi-•. ^�*
O
;ORDER
158-11 HARRY VANARSDALE JR AVEOF
1 FLUSHING NY 11365 ; "'
s }
11' L5 2399,1' 1:0 2 140 546411: 63 000004 0„'
A TOWN OF SO UTHOLD
VENDOR 010319 JEANNE D. GIARRATANO, INC. 07/18/2023 CHECK 152432
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 23-134 71239749 TITLE CLOSER ATTEND FEE 350.00
TOTAL 350.00
U ,
a
g
W 1,
m
a
e
m
h
m
n
-s-
a-
t1a 3'm'rU r "> fl a ttt thio{. °p. ba 819, �_aa 4�
'7
-:V
::y,,
L:.'.....cux::�:,�.:::iR:i.•'..:.w;.x..�.o� ,. ....s:..s.���d ...-'�:�e�L�al'S.� .".�.,:�a� �K�s. .�s� ia�§fi.-.-�-«•-'�"-~---.''''..._'�3.�...•'�.,_... -._� S �b'- ..:kms,'...:"_ �
TOWNOFSOUTHOLD AUDIT 07/18/2023
53095 MAIN ROAD,PO BOX 1179
1 SOUTHOLD,NY 11971-0959 CHECK NO. 152432
THE SUFFOLK CO.NATIONAL BANK
4 CUTCHOGUE,NY 11935 DATE, AMOUNT
50-546/214
07/18/2023 $350.00 '
4 THREE HUNDRED FIFTY AND 00/100 DOLLARS Ij
FAY JEANNE D. GIARRATANO, INC.,
o
y. .
b
TO THE 259 SMITH AVENUE w,.
ORDER °�` •
OF ISLIP NY 11751
1
u' 1524320 1:021405ti64l: 63 000004 011'
r
t �
A TOWN OF SOUTHOLD
A
VENDOR 019624 STEWART TITLE INSURANCE CO. 07/24/2023 CHECK 152489
FUND & ACCOUNT P.O.## INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 23-134 71239749 CLSNG-1000-83. -2-17.1 9,195.00
TOTAL 9,195.00
S
r•
U '
W ,
a "
. o•
m
n
I
"' *T s`C a 2r-M-1 7n ?t..'.'i, iY�r v'sx n-fix, "mm)S�JJ:
TOWN OFSOUTHOLD PREPAID 7/24/23
53095 MAIN ROAD,PO BOX 1179
tqt SOUTHOLD,NY11971.0959 CHECK NO. 152489
THE i CUTCHO UEK NY 111935 ATIONAL BANK DATE AMOUNT i
50-5461214 07/24/2023 $9,195.00
NINE THOUSAND ONE HUNDRED NINETY FIVE AND 00/100 DOLLARS
I
Fall
.PAY STEWART TITLE INSURANCE CO.
170 THE 711 WESTCHESTER AVE, SUITE 302 0
jORDBRWHITE PLAINS NY 10604 O�
Or
1
ii' L 5 2489+x' 1:0 2 140 54641: 63 000004 0li•
TOWN OF SOOMOLD "
VENDOR 005409 ELINOR BRUNSWICK, MAI 07/19/2022 CHECK 149263
I
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
i
CM .8660.2.500.200 36571 1000-41 APPRSL-1000-83.-2-17.1 3,500.00 }
TOTAL 3,500.00
1.
' I
• t 'it''` tf �
;on
o. 1
Ir.
'•t
t
n {
,t{•: P
t F"':^,•• .+, v A e � •"a:1 ru nx40°°,+
° `:.'.�4F{' a ;�i•iL i. "t'rs .�s .!
is TOWN OF.SO OLD 'AUDIT'. 6.7/19/22
63096 MAIN ROAO`PO.BOx.1.M. ,
sovrNow.wvi,ie�{•oasss C}i1�CKa'I30c' 14:9263 t
*1r;SUFF0Ck C0.'NAT6AL'Wjil( DATE COUNT �
I, ,CUTCHOGU£,NY t 1.935'; t - -
07,:/19 j202 .' ._ :$,3x.50:0
THREE THtfU3tkND FIVE HUNDREb 'AND''0;0'%100...`PSOLAR'S
1FMR. _•... _' 1
Qy EliI?IOR,iBRUI SW7CK, MAI.
.� BRUI3SUJ7�CK; APPRAISAL- CGSFtP p:•. � ? _ { ~
t�ltD R PO,�OX•'•'674
ROCKVILLE .CENTRE NY 11571 ` -'
11' 149263ii' 1:0 2 It,05464l: 63 DD0004 01i'
`'>.. BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P.O.BOX 674
ROCKVILLE CENTRE,NEW YORK 11571-0674
(516)608-8877/(631)421-2344
FAX(631)424-9246
E-mail:elinor@brunswickappraisal.com
Elinor Brunswick,MAI Armand Brunswick,MAI
State Certified General Appraiser 1881-1960
Sanford S.Brunswick
1922-2013
June 22, 2022
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
Southold, New York 11971-0959
Attention: Melissa A.Spiro, Land Preservation Coordinator
RE: E&C Property Holding II, Inc.
10475 Oregon Road, Mattituck
1000-95-4-11
INVOICE#1000-41
Real Estate Appraisal: $3,500
APPRAISAL REPORT
of
10475 Oregon Road
Cutchogue,Town of Southold, New York 11935
a/k/a
District 1000 Section 83 Block 2 Lot 17.1
DATE OF VALUATION
June 7, 2022
PREPARED FOR
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold,New York 11971-0959
w
PREPARED BY
Elinor Brunswick, MAI
BRUNSWICK APPRAISAL CORP.
3' P.O. Box 674
I Rockville Centre, New York 11571-0674
44iA
TOWN OF SOUMOLD
I. VENDOR 010586 JM LAND SURVEYING DPC 03/28/2023 CHECK 151446
A
FUND & ACCOUNT P.O.# INVOICE, DESCRIPTION AMOUNT
CM .8660.2.600.100 36582 7963 iORGN RD-1000-83.-2-17.1 6,450.00
TOTAL 6,450.00
,all
F
g
-------------
. 7-
40
4?
..........
^- W
-ff-52-azi-TLIMM f�
TOWN-19F SO MOLD-- 3/28/
-AUDIT- 2023
.53095"MAlN')l0A0':P0 BOX.1119. I,5344
SOUTHOM-WY1,1,01-050 CHEcK.LWp_ 6
THE S46K (%NATIONAL BANK
CUTCHOGUE.44y1035 DA
1DATE. I- ' .AMOUNT
F
2023;.,
0.0.0
&0 )21*�','•-,�".-
OUSAND*F0UR:HUXDRED' FIFTY
%
R
wy.- PW� SU.RVEY-1N0.DPC
'SO7
-1408,
OY,,,
ER,
ORD
OF, 11341 M-D, MIL ..ROAD
SMITHTOWN NY 117-87
Il-"15144611- 1:0 2 L4054641: 63 000004 01,
1 ','iy`'�'''={R.'at� .,�('Z`�.;e •Sc_-'•i:'?`lt-Y t�7y�+�ry l�j,�h .'{... .t'rn:ei'r: �y�",.^' :;67Y�• -•^•,:. .7„ r-i4� .ti T,r (s i�.��"{�,�,1p`ppF�FT.',
a' • \ ..!` ,�j •H+ 1.7`17.Y ?:.:Y�•:.j...t iE N:•q �7. i;. ,1:�''t"r 1 �:r:C,S' ''?,`f• �'N�•+ r'*�L�.lY,a 5 Jh7 Gln„j?•lr:°l:,:ri”'�f
14
? ='1r• `s <: .�t' a^r,•iSa',NS„yr?4}•: .?a =x .;t :Y'�t t. ti�j.,lt;:
! i•�d. :i_•F. '.,\.•r.y, :=ti-'`�'s�.•�?-r- .i�.. ��`:a•a.t� :.��,t,,•.tj -
'"s.•r-?tet .:!” �l. ,;r h/ }. -.(.�2. -' .;Y_.. •{.i 'xi1'-:�fl'. FS ,j.
John Minto LS invoice
P.O.Box 1408 Invoice No: 7963
Smithtown,NY 11787 Date: 01/31/2023
Phone:631724 4832
Fax:631724 5455
Mintoville@aol.com
Bili To: Town Of Southold
melanie.doroski@townsouthold.nyus
P.O.Box 1179
Southold,New York 11971-0959
Code Description Amount
Project located at 10475 Oregon Ave.,Mattituck,NY a total of 28 acres plus or minus.
Sctni'1001)-83=02=17:1 ' _- ,.,•
scope of services regUested for.profeWonal.surveying service..,....:••��.. ♦• . �'S•.'r•� -• ..- -_, __�,._\O.,.h�•'._..•....._-.. ...-. _ _._, Wit.. ♦.. _ �..._._��_ __
Reference'the s from.'the Depariiiidnt of Laind.Presd(vatiori'Town
:.._.. art,.,;
of Southold dated Jan::13,2023;Regardi ng E&C Property Hoid�ng:I1 Inc to Town of Southold,T_his'e'stimate i ncludes all of the
iteriis`,6 lined in said request; t.
.:BDWG' "�O. n completion of the preliminary IE is�o6,r nridersfanding the s6rvey�riil 6e re i.6.i ed'to make su�etheareas are satisfactory' $6,450.00
r': •~' to the Land,I?reservatiodGomitiittee and,the existing land'owners.A W�cl'anges tot'ieliminary plans will be-inade'af'this
point Onceabe plans are deemedsat_lsfactory:six orlstnal survey prints_w!I be provided along with a reduced Digital copy in
PDFformat.
Time.Sche_dule+-2weeks r _
`•Sdbtotal ,4
3 .$6,456.00
TAXO% :. •0.00
{ Total
"f. PAID ;$0:00'
Balance:Due $6,450.00•.
1/1 ,
• t __
Mr
TOWN OF SOUTHOLD
i VENDOR 014161 NELSON POPE &�/VOORHIS, LLC 03/14/2023 CHECK 151356
A "r i
FUND & ACCOUNT P.O.# INVOICEDESCRIPTION AMOUNT
i
CM .8660.2.600.100 36581 29075 PHS1 ESA 1000-83.-2-17.1 1,850.00
t TOTAL 1, 850.00
,
-------------------
i
s i �f
s 4� �% a,, •`'�� r s .� r_ ate.:
I owi.:
,
,
ta- • . --.
"�•, - .e- t 4"; d c�� �,A_F•�gi o1,, o:.�•.._ _coo ..Y-. 0 0 0 ?• ►i: ., Emil jt•n }."�ri:^'%?"•1•
TDWN OF"SO:UTHOLD '
p53D9 MAIN"ROAD:eq Box rt79•' _`0 3/14•/,23,AUDIT••'' .
sou fpp,MY-.1.13?1.0959,� - � CHECK NO. T5r1356" '''•
THE SUFFOLK CO.NATIONAL DANK;
CUTCHO"GUE,NY.11 P35, DATE' %iMOUNT
03:j!14%2023 0'.0, ,
` .' sasdg�2id,. ,
:ONE`.TROUSAND'�AIGHT. HUNDRED:,.FIFTY'�AND 0.0./.1 DOLLARS i
t
Ay .SON POPS. "&.VOORHIS, .•LLC
:THE•: 70. 1KAX' ESS Rte: i Ki: 'x. i'•: t
:I;V=' `E -NY-1104-7
L356ii'` 40 2 1405464O: 63 000004 01"
Y
Invoice '`L_NELS;QN POPE VOORHIS
Fes' egironinental'•land use•planning
70 Maxess Road,Melville,NY 11747
(631)427-5665
r February 28,2023
Melanie Doroski Project No: V23X030.001.000
Town of Southold Dept of Land Presery . Invoice No: 29075
Town Hall Project Manager Steven McGinn
53095 State Rt 25,PO Box 1179
Southold,NY 11971
Project V23X030.001.000 10475 Oregon Road,Cutchogue
---Professi-----nal i-----=-==-===-----=-----= -=-------:. -------
SA. 1/11/23,Contract-Phase I.ESA.
------------------- — __________________________
Task 1300 Phase IESA
Fee 1,850.00
Total this Tasty $1,850.00
Total this Phase $1,850.00
Total this Invoice $1,850.00
All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days.
OFFICE LOCATION:
LILLIAN F.McCULLOUGH ��® C'�G Town Hall Annex
LAND PRESERVATIONo
54375 State Route 25
EXECUTIVE ASSISTANT .0 (corner of Main Rd&Youngs Ave)
G Southold,New York
lillianm@soutlioldtownny.gov N r2
(,b
Telephone(631)765-5711 MAILING ADDRESS:
y�ol � t P.O.Box 1179
Ity Southold,NY 11971-0959,
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Data Processing
Land Preservation Committee Planning Board
Town Attorney Trustees
Town Comptroller Director of Public Works
The Nature Conservancy Peconic Land Trust, Inc.
Suffolk County Division of Real Estate
From: Lillian F. McCullough, Land Preservation Executive Assistant
Date: July 24,2023
Re: E&C PROPERTY HOLDING II. INC.to TOWN OF SOUTHOLD
Development Rights Easement—25.78 acres
Please be advised that the Town has acquired a development rights easement on the property listed below. If you
would like any additional information regarding this purchase, please feel free to contact me.
SCTM#: 1000-83.-2-17.1
LOCATION: 10475 Oregon Rd,Cutchogue
EASEMENT ACREAGE: 25.78 acres
PROPERTY OWNER: E&C Property Holding II, Inc.
CONTRACT DATE: January 20,2023
CLOSING DATE: July 24,2023
PURCHASE PRICE: $2,062,400.00 per contract
FUNDING: CPF 2%Land Bank
MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible
Parcels as property that should be preserved due to its agricultural value.
OFFICE LOCATION:
LILLIAN F.McCULLOUGH � ') 5 n Town Hall Annex
LAND PRESERVATION54375 State Route 25
EXECUTIVE ASSISTANT 'M (corner of Main Rd&Youngs Ave)
Southold,New York
lilliamn@southoldtownny.gov
MAILING ADDRESS:
Telephone(631)765-5711b G 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 Data Processing
Land Preservation Committee Planning Board
Town Attorney Trustees
Town Comptroller Director of Public Works
The Nature Conservancy Peconic Land Trust, Inc.
Suffolk County Division of Real Estate
From: Lillian F. McCullough, Land Preservation Executive Assistant
Date: July 24, 2023
Re: E&C PROPERTY HOLDING II, INC.to TOWN OF SOUTHOLD
Development Rights Easement—25.78 acres
Please be advised that the Town has acquired a development rights easement on the property listed below. If you
would like any additional information regarding this purchase, please feel free to contact me.
SCTM#: 1000-83.-2-17.1
LOCATION: 10475 Oregon Rd, Cutchogue
EASEMENT ACREAGE: 25.78 acres
PROPERTY OWNER: E&C Property Holding II, Inc.
CONTRACT DATE: January 20, 2023
CLOSING DATE: July 24, 2023
PURCHASE PRICE: $2,062,400.00 per contract
FUNDING: CPF 2% Land Bank
MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible
Parcels as property that should be preserved due to its agricultural value.
rF
V-.
`�'r, 4
\S\\
DEVROPMENT RIGM
�0 MEMENrARM
e, fj23jOf5Q.FT.
25 78 AMES %
RMWAREA
f2g,794 SUE
2.96 ACM
0
Cedified�o,
Ton of SWWd
US Propedy hoUng Inc.
Sfe-1 TiNe Insurunce Compony
Chic'qo Nfe�nsurance Services
WjF F—,LLC
r—D,O E,4 ACA Survey of Property
Cu�-"�-'�ue
Town of Southold
Suff Ik County, New York
lceo�op#1000-83-02-17.001
TOM PROPWY AREA I DO' Jan. 30, 2023
GRAPHIC SCALE
4254895 SUE
Phom:(631)724-4832
P.D. 14GB 5-hir— 28.74 ACRES