HomeMy WebLinkAboutL 13210 P 572 11111111111 Illll Illll 1111111111 IIIII 11111 IIIII Ili!1111
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/21/2023
Number of Pages: 8 At: 11 : 12 : 37 AM
Receipt Number : 23-0092416
TRANSFER TAX NUMBER: 22-34881 LIBER: D00013210
PAGE : 572
District: Section: Block: Lot:
1000 095 . 00 03.00 003 .004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $0 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40 . 00 NO Handling $20 . 00 NO
COE $5 . 00 NO NYS SRCHG $15. 00 NO
TP-584 $5 . 00 NO Notation $1 .00 NO
Cert.Copies $10 .00 NO RPT $200 .00 NO
Transfer tax $0 .00 NO Comm.Pres $0 .00 NO
Fees Paid $296 . 00
TRANSFER TAX NUMBER: 22-34881
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Vincent Puleo
County Clerk, Suffolk County
[TIM
p RECORDED
Numberof pages 203 Jul 21 11:12:37 AM
Vincent Pule?
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all LDP 57 2IO
P 572
Social Security Numbers DT# 22-34581
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 1 FEES
Page/Filing Fee 710 Mortgage Amt.
1.Basic Tax
Handling 20. 00
2. Additional Tax
TP-584 S Sub Total
Notation _ , //.. Spec./Assit.
EA-5217(County) Sub Total ZG V Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax Q
Affidavit • . Mansion Tax
Certified Co /Q The property covered by this mortgage is
Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total �i3 YES or NO
Other
Grand Total (% If NO,see appropriate tax clause on
page# of this instrument.
U�
4 Dist.1000 s 5127919 1000 09500 0300 003004 5 Community Preservation Fund
Real Property PTS uI � � Consideration Amount$
II'11III�I1IIlull11I1'ul1lUlII1I1W G
Tax Service R FLAK A
Agency 21-JUL-23 CPF Tax Due $
Verification
Improved
6 Satis actions/Disc arges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
David M. Dubin, Esq. TD /ooU
Twomey, Latham, Shea, Kelly, Dubin &Quartararo, LLP TD
PO Box 9398 VZ
Riverhead, New York 11901 TD
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcountyny.gov/clerk Title#
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached Amendment of Grant of Development Rights Easement made
by: (SPECIFY TYPE OF INSTRUMENT)
Mattituck Farm Holdings LLC 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
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
t
T
AMENDMENT OF GRANT OF DEVELOPMENT RIGHTS EASEMENT
MATTITUCK FARM HOLDINGS LLC with offices at 2299 North Sea Road,
Southampton, New York (herein called "Grantor") and the TOWN OF
SOUTHOLD, a municipal corporation, having its principal office at 53095 Main
Road, Southold, New York 11971-0959 (herein called "Grantee") enter into
this agreement, dated July -0 , 2023, to amend (this "Amendment") the
Grant of Development Rights Easement dated December 3, 2021, which was
recorded with the Suffolk County Clerk Recorder, State of New York, Liber v
13156 and Page 531 on May 18, 2022, as amended by the Correction Grant
of Development Rights Easement dated October 4, 2022, which was recorded
with the Suffolk County Clerk Recorder, State of New York, Liber 13177 and,/
Page 015 on November 9, 2022 (the "Easement"). This Amendment is made
and entered into in perpetuity and exclusively for conservation purposes.
INTRODUCTION
WHEREAS, Grantor granted the Easement (attached hereto as Schedule
A) to Grantee over certain real property identified in the Easement as the
Property ("Property") and identified on the Suffolk County Tax Map as 1000-
95-3-3.4.
WHEREAS, Grantor is the present owner of the underlying fee interest
in the Property and Grantee is the present holder of the Easement.
WHEREAS, on or about April 24, 2023, the U.S. Treasury Department
and Internal Revenue Service issued Notice 2023-30, which sets forth the safe
harbor deed language for extinguishment and boundary line adjustment
clauses required by § 605(d)(1) of the SECURE 2.0 Act of 2022 (SECURE 2.0
Act), enacted as Division T of the Consolidated Appropriations Act, 2023,
Public Law 117-328, 136 Stat. 4459 (December 29, 2022).
WHEREAS, Grantor and Grantee desire to amend the Easement to
substitute the safe harbor language for the corresponding language in the
Easement, as provided by § 605(d)(2) of the SECURE 2.0 Act.
Based on the provisions of this Amendment and the mutual and valuable
consideration provided to each by this Amendment, Grantor and Grantee
AGREE as follows:
1
ARTICLE ONE
THE AMENDMENT
1.01 Boundary Line Adjustments
Pursuant to Notice 2023-30, Section 3.03 of the Easement is deleted in
its entirety and the following is substituted in lieu thereof:
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.
Notwithstanding any other provision of the Easement and
pursuant to Notice 2023-30, Grantor and Grantee agree that
boundary line adjustments to the real property subject to the
restrictions may be made only pursuant to a judicial proceeding
to resolve a bona fide dispute regarding a boundary line's location.
A boundary line adjustment shall not be interpreted as
synonymous with or otherwise preclude a lot line modification,
subdivision, or division by conveyance upon Grantor's death, as
described in this Section and defined by the Town Code of the
Town of Southold.
2
1.02 Extinguishment of Easement/Condemnation/Proceeds
Pursuant to Notice 2032-30, Section 6.06 of the Easement is deleted in
its entirety and the following is substituted in lieu thereof:
A. Termination; Extinguishment. If a subsequent unexpected
change in the conditions surrounding the Property that is the subject of a
donation under this Easement has made impossible or impractical the
continued use of the Property for conservation purposes, the conservation
purpose can nonetheless be treated as protected in perpetuity if the
restrictions are terminated or extinguished by judicial proceeding and all of
Grantee's Proceeds (as hereinafter defined) from a subsequent sale or
exchange of the Property are used by Grantee in a manner consistent with the
conservation purposes of the original contribution. A judicial proceeding is the
exclusive manner in which this Easement may be terminated or extinguished.
In the event of extinguishment of this Easement in whole or in part, the
provisions of this Section 6.06 shall survive such extinguishment. The mere
cessation of farming on the Property shall not be construed to be grounds for
extinguishment of this Easement.
B. Grantee's Proportionate Share. In connection with any
condemnation, termination, or extinguishment of this Easement, "Grantee's
Proceeds" from such action shall be the greater of the amount determined as
' Grantee's Proceeds under Section 6.06(C) or Section 6.06(D) below.
C. Grantee's Proceeds. At the mutual request of Grantor and
Grantee, a court with jurisdiction may, if it determines that conditions
surrounding the Property have changed so much that it becomes impossible
to fulfill the Purpose of this Easement described in Section 0.03, extinguish or
modify this Easement in accordance with applicable law. The mere cessation
of farming on the Property shall not be construed to be grounds for
extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other governmental
entity, then this Easement shall terminate with respect to the Property, or
portions thereof so taken or condemned, and the Property shall not be subject
to the limitations and restrictions of this Easement. In such event, the
Grantor, its successors or assigns, shall not be required to pay any penalties,
but the value of the Property shall reflect the limitations of this Easement.
Any condemnation award payable to the Grantor shall be in proportion to the
value attributable to the residual agricultural value of the 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
3
in proportion to the value attributable to the development rights transferred
hereby.
D. Grantee's Proceeds; Internal Revenue Code. For the purposes of
Grantor's claim of a federal income tax deduction under IRC Section 170(h)
and associated IRS Regulations, the fair market value of the Easement at the
time of condemnation, termination or extinguishment shall be determined by
multiplying (i) the fair market value of the Property unencumbered by the
Easement at the time of termination by (ii) the ratio of the value of the
Easement at the time of this grant to the value of the Property without
deduction for the value of the Easement at the time of the grant. The ratio
(Grantee's "Proportionate Share") referred to in the preceding sentence shall
be established by a qualified appraisal for federal income, gift and estate tax
deduction purpose, pursuant to IRS Regulation §1.170A-13 and §1.170A-
14(h), and the ratio shall remain constant.
Pursuant to IRS Regulation §1.170A-14(g)(6)(ii), after termination of
this Easement, in whole or in part, on a subsequent sale, exchange or
involuntary conversion of the Property, Grantee must be entitled to a portion
of the proceeds (without diminution for any costs, expenses, or prior liens)
that is at least equal to Grantee's Proportionate Share as established by this
Section 6.06(D). All of Grantee's Proceeds, as determined in this Section
6.06(D), must be used by the Grantee in a manner consistent with the
conservation purposes of the original contribution, unless state law provides
that the Grantor is entitled to the full proceeds from the conversion without
regard to the terms of the prior perpetual conservation easement. The
Grantee makes no representation as to the tax consequences of the
transaction contemplated by this Easement. Grantor will obtain independent
tax counsel and be solely responsible for compliance requirements of the
Internal Revenue Code.
ARTICLE TWO
REPRESENTATIONS AND TERMS
2.01 Authorization
This Amendment is authorized by and consistent with the provisions of
Section 7.02 of the Easement. Each signatory to this Amendment represents
and warrants that he or she is duly authorized to enter into and execute this
Amendment and to legally bind the party that he or she represents.
4
2.02 Governing Law
New York law applicable to deeds and conservation easements pertaining
to land located within New York shall govern this Amendment and the
Easement in all respects, including validity, construction, interpretation,
breach, violation and performance. Nothing herein shall be construed to limit
Grantee's powers exercised at Grantee's initiative in a manner consistent with
Grantee's municipal and regulatory powers, including but not limited to zoning
and taxation.
2.03 No Liens
Grantor represents that as of the effective date of this Amendment there
are no liens or mortgages outstanding against the Property.
2.04 Effect of Amendment
Except as amended hereby, all terms and conditions of the Easement,
including but not limited to all Schedules and Exhibits thereto, remain in full
force and effect. In the event of a conflict between the terms of the Easement
and this Amendment, the terms of this Amendment shall prevail.
2.05 Effective Date of Amendment
This Amendment shall be effective when Grantor and Grantee have
executed it and it has been recorded in the office of the Clerk of the County
of Suffolk County, State of New York.
2.06 Counterparts
This Amendment may be executed in several counterparts and by each
party on a separate counterpart, each of which when so executed and
delivered shall be an original, but all of which together shall constitute one
instrument.
IN WITNESS WHEREOF Grantor and Grantee have caused this
Amendment to be executed by persons duly authorized to execute the same.
5
ACKNOWLEDGED AND ACCEPTED:
MA FARM HOLDINGS LLC, Grantor
By: \J:�� q - 4"
Peter J. Talty ice Presid t
ACKNOWLEDGED AND ACCEPTED:
TOWN OF S UTHOLD, Grantee
By:
S[ x Qusslcu,, Su ,sdr
State of New York }
County of SLAKtAlc ) ss:
On the I a1" day of c�u� , in the year 2023 before me, the undersigned
personally appeared Peter J. Talty, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed
the same in his capacity, and that by his signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed
the instrument.
NICHOLE L WINO
NobgPublic,StateofNow Ylrk Signature/office of individual taking acknowledgment
Oumed In Suffolk County
No.01PA6240712
Commission Expires Mav I&
State of New Y_oi"k }
County of SLAOIK ) ss:
On the ad" day of '�a, , in the year 2023 before me, the undersigned
personally appeared ��+►4•i10ssell , personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that they
executed the same in their capacity, and that by their signature on the
instrument, the individual, or the person upon behalf of which the individual
acted, executed the instrument.
LU 1 U4_
NICHOL,EL.PATINO Signature/office of individual taking acknowledgment
Notary Public,State of New York
Qualified In Suffolk County
No.01 PA6240712 6
Commisslon Expires Mav ia. oW l
AP Stewaf"t
TITLE — Title Number: 71174656
SCHEDULE A- DESCRIPTION
REVISED 9/30/2021
ALL that certain plot, piece or parcel of land lying and being at Mattituck, in the Town of Southold,
County of Suffolk and State of New York being known as and by part of Lot 003.004 in District 1000,
Section 095.00, Block 03.00 as shown on the Suffolk County Land and Tax Map and being bounded and
described as follows:
BEGINNING at the corner forming the intersection of the southwesterly side of Alvahs Lane with the
easterly side of Oregon Road, distant the following courses and distances:
1.) South 46 degrees 44 minutes 04 seconds West, 356.43 feet;
2.) South 46 degrees 21 minutes 04 seconds West, 449.53 feet;
3.) South 39 degrees 22 minutes 04 seconds West, 612.90 feet;
4.) South 43 degrees 33 minutes 24 seconds West, 520.03 feet to the true point of BEGINNING;
RUNNING THENCE South 41 degrees 17 minutes 56 seconds East, 577.95 feet;
RUNNING THENCE South 43 degrees 40 minutes 34 seconds West, 301.22 feet;
RUNNING THENCE North 41 degrees 16 minutes 06 seconds West, 266.69 feet to a concrete monument;
RUNNING THENCE North 43 degrees 40 minutes 34 seconds East, 261.00 feet;
RUNNING THENCE North 41 degrees 17 minutes 56 seconds West, 311.23 feet to a concrete monument
and the easterly side of Oregon Road;
RUNNING THENCE along the easterly side of Oregon Road, North 43 degrees 33 minutes 24 seconds
East, 20.08 feet to the point or place of BEGINNING.
SAID PREMISES is being and intended to be part of the same premises described in a
certain deed from Andrew S. Berkman, Barry Berkman and Deborah Berkman to
Mattituck Farm Holdings, LLC, dated 6/8/2016, recorded 6124/2006 in Liber 12869
Page 088.
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 renter lines thereof.