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HomeMy WebLinkAboutE&C Property Holding II Inc c 1000-83.-2-17.1 Baseline Documentation Premises: 10475 Oregon Rd Cutchogue, New York 25.78 acres Development Rights Easement E & C PROPERTY HOLDING II Inc to TOWN OF SOUTHOLD Deed dated July 24, 2023 Recorded September 6, 2023 Suffolk County Clerk — Liber 13216, Page 942 i, SCTM #: 1000-83.-2-17.1 Premises: 10475 Oregon Rd Hamlet: Cutchogue Purchase Price: $290629400.00 25.78 buildable acres @ $80,000/acre) Funding: Community Preservation Funds ($290629400.00) Total Parcel Acreage: 28.74 acres Development Rights: 25.78 acres (1000-83.-2-17.1) Zoned: AC/RR Split Existing Improvements: In January 2023 - (as of final survey) Building w/fuel tank, earth road, 2 sheds t A ' , . P ', �� P R V A I S A L M . O � � T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, April 5, 2022 at 7:00 p.m. Members Present: Anne Murray, Deputy Chair Eric Keil Doris McGreevy John Simicich Will Lee (7:50) Members Absent: Sam McCullough Kimberly Krupski Also present as Panelist: Melissa Spiro, Land Preservation Coordinator Sarah Nappa, Town Board Liaison Also present as Zoom Attendee: Holly Sanford, PLT David Commencement • The meeting began at 7:05 p.m. with 4 LPC members present. EXCERPT FROM ADOPTED 4/5/2022 MEETING MINUTES MOTION made by Eric Keil, seconded by Anne Murray, to recommend to the Town Board that the Town commission an appraisal, for Application Number 2022-5, for the purposes of providing the market value of a development rights easement on all but 2±acres of the property, in accordance with a design as discussed by the Land Preservation Committee while in Executive Session, whereby the 2±acres will be prohibited from being further subdivided from the land subject to the easement and will remain linked to the larger parcel. (Motion No. 2022-5) Motion carried: 5/0 1 I 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 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 E N V I R O N M E N T A L S U M M A R Y PHASE ENVIRONMENTAL SITE ASSESSMENT 10475 Oregon Road Cutchogue, New York NPV No.97056 Prepared for• Melissa Spiro Land Preservation Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Prepared by NELSON POPE VOORHIS environmental • land use •planning 70 Maxess Road Melville, NY 11747 Contact: Steven J. McGinn o: 631.427.5665 1 smcginn@nelsonpopevoorhis.com February 21, 2023 1.0 EXECUTIVE SUMMARY _ The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC ("NPV") in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-21 and United States Environmental Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The subject property is located in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of an approximately 28.7-acre parcel of undeveloped land,- located at 10475 Oregon Road. The subject property is situated on the north side of Oregon Road, approximately 600 feet east of Duck Pond Road. The property is more particularly described on the Suffolk County Tax Map as District 1000, Section 083, Block 02, p/o Lot 17.1. The subject property is currently vacant agricultural land with a small, dilapidated storage building in the center of the property. The building consists of a wood-framed structure but has not been used in many years with foliage growing throughout. One (1) aboveground 275-gallon fuel oil tank, one (1) 550-gallon above ground fuel oil tank, and a 55-gallon drum were observed outdoors in the center of the subject property adjacent to the building. The 275-gallon tank and the drum were situated on concrete blocks above the ground. The 550-gallon tank was situated directly on the ground. No staining was observed on the ground in the vicinity of the tanks or drums. Both the tanks and drum are no longer in use. This assessment has identified the following with respect to recognized environmental conditions (RECs), controlled recognized environmental conditions (CRECs), historical recognized environmental conditions (HRECs) and de minimus conditions in connection with the subject property,subject to the methodology and limitations of this report. One (1) REC was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1) A fuel oil stain was observed in the location of a previous pump engine for an on-site water well. The stained area was approximately five(5)foot by five (5)foot. No CRECS were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. One (1) de minimus condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. NPV 10475 Oregon Road,Cutchogue Phase I ESA 1) Two (2) above ground storage tanks and one (1) 55-gallon drum were located in the center of the subject property and were determined to be empty of their contents. No staining was observed underneath these containers. No HRECs were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. Additionally, NPV did.not identify any significant data gaps that affected our ability to identify RECs in connection with the subject property. NPV has performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E 1527-21 and USEPA AAI for 10475 Oregon Road, Cutchogue. Any exceptions to, or, deletions from, this practice are described in Section 8.0 of this report. In conclusion, this assessment has-revealed evidence of one (1) REC and (1) de minimus condition in connection with the subject property, subject to the methodology and limitations of this report. r Page 2 a G A a c FIGURE 1 10475Oregon Rd N PV LOCATION MAP Cutchogue Source: ESRI WMS Phase I ESA Scale: 1 inch =400 feet dip nT ` 41 R ` r JJJr . � 7 } A i FIGURE 2 10475Oregon Rd N P V AERIAL PHOTO MAP Cutchogue Source: NYS Ortho hoto ra h 2020 P g P Y, Phase I ESA Scale: 1 inch =400 feet ° Y ; •cr 1 0 �:JJtX:�.l V � ° o • t7�:Ju� r R 0 S S o e , x o •' t i e � _°.x itic 1 •e Orr Itz FIGURE 3 10475 Oregon Rd N PV LAND USE MAP Cutchogue Source: NYS Ortho hoto raphy, 2020 p g Phase I ESA Scale: 1 inch = 500 feet it it, Project Site t AC - B HB - HD LB LI LS. - L10 Ma MI _ MII -- R-40 R-400 R-80 L RO - RR Protected «Mc � � "Is Cutcho FIGURE 4 10475Oregon Rd NPV ZONING MAP Cutchogue Source: ESRI WMS;Towns of Southold, 2016 Phase I ESA Scale: 1 inch = 1,500 feet RdB PIC CuB CuB RdA RdB R B PIC CpE RdA CpE - Plymouth loamy sand, 15 to 35 percent slopes CuB - Cut and fill land, gently sloping HaA- Haven loam, 0 to 2 percent slopes He - Haven loam, thick surface layer PIC - Plymouth loamy sand, 8 to 15 percent slopes Pm133 - Plymouth gravelly loamy sand, 3 to 8 percent slopes RdA- Riverhead sandy loam, 0 to 3 percent slopes d B RdB- Riverhead sandy loam, 3 to 8 percent slopes RdC- Riverhead sandy loam, 8 to 15 percent slopes Rd B RdB 0 0 HaA RdA A 0 d h , RdB d FIGURE 5 10475 Oregon Rd NPV SOIL MAP Cutchogue Source: ESRI WMS; NRCS Phase I ESA Scale: 1 inch =400 feet ti . • •� � s A . • • * *11k r � •i • • ♦ . O t \ ♦ • f S �► �N FIGURE 6 10475 Oregon Rd N P V TOPOGRAPHY MAP Cutchogue Source: USGS WMS Phase I ESA Scale: 1 inch = 600 feet C�nry 5 �a 0 de w° <y Cutchogue za station s� h Q e tl Fe rf•,rr W.atery le �f�ey b FIGURE 7 10475 Oregon Rd N PV WATER TABLE MAP Cutchogue Source: ESRI WMS• USGS SIM 3398 2016 data Phase I ESA Scale: 1 inch=2,000 feet SCWA Distribution Area 30 Article 6 Groundwater Monitoring Zone IV c, G� B 'pi Y a S A �y O'4 LpJ� +a Pa pC 4 e� cc Rp, 5� Gp�d`Q o Cutchogue 'cSn �b Station Jos all silver <� Cp1i Ra ryn Evergreen Dr (Depot Ln) Well Field 0�`s ar LAlvah'sne N apd a a� c � pyo a,p FIGURE 8 10475 Oregon Rd N PV WATER SUPPLY MAP Cutchogue Source: ESRI WMS; SCWA data Phase I ESA Scale: 1 inch= 1,500 feet o a P�the���eo Po�D P cy�ii a � a o R c�r Ogn Ra Qa o� s' a` Cot tMs O <q .per se 4 0' JcN a Go R� r 0 �a yin c ° Aorta cOh cc Ra 5� SQL �a�� a Cutchogtie o mcs� �p Station Project Site ,a' °Qo as• NYSDEC Freshwater Wetlands °\as�4Bjco o NYSDEC Tidal Wetlands SO-56 e IM Intertidal Marsh Rai w S0=57 LZ-Littoral Zone SM -Shoals, Bars, Mudflats M AA-Adjacent Area 4 ep y40 �O a, hQ' a FIGURE 9 10475 Oregon Rd N PV NYSDEC WETLANDS MAP Cutchogue Source: ESRI WMS; NYSDEC wetlands Phase I ESA Scale: 1 inch = 1,500 feet E1 UBL E2US2P pvWx ohvia� . 0 n 0 n A a Oregon Rd Oregon Rd D n v r o � ' Math" s�n Co1CY Pur St o c Old Sadd�e� 3 y O n R n � N ~ ltr Ra CCU,ty R a M.. Middle Rd o, E1UBL-Estuarine and Marine Deepwater E2US2P-Estuarine and Marine Wetlands PEM1E-Freshwater Emergent Wetland Pf-Other PSS1Ax-Freshwater Forested/Shrub Wetland PUBHx, PUBHh-Freshwater Pond PUBHx PUBHh � PEM1E PUBHx FIGURE 10 NATIONAL WETLANDS 10475Oregon Rd N PV INVENTORY MAP Cutchogue Source: ESRI WMS; US F&W NWI Phase I ESA Scale: 1 inch= 1,500 feet E— Project Site FEMA Flood Hazard Flood Zone A AE AO OPEN WATER v VE X VE VE o1' 04 L O� d Cry LC ` C-w f� O. yc c,� .o ORa X X rd�,r o' o� O O eAc' O (� ON c� R� 5 5� Sho - sa e61 dry' C\ SRver d d FIGURE 11 10475Oregon Rd N PV FEMA FLOOD HAZARD MAP Cutchogue Source: ESRI WMS• FEMA Phase I ESA Scale: 1 inch = 1,500 feet NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Remediation,Region 1 SUNY @ Stony Brook,50 Circle Road,Stony Brook,NY 11790 P:(631)444-02401 F:(631)444-0248 www.dec.ny.gov June 7, 2023 Property Owner 10475 Oregon Road Cutchogue, NY 11935 Re: Spill #2301057; 10475 Oregon Road, Cutchogue Dear Property Owner, The Department has reviewed the records and data submitted by you regarding the above referenced petroleum spill site. Based on such-review,-the Department determined that you have completed the necessary cleanup and removal actions, and no further remedial activities are necessary. Nothing contained herein shall be construed as barring, diminishing, or in any way limiting Department's authority under the Navigation Law or the Environmental Conservation Law, including the authority to require additional-remedial work, if necessary. Within a couple of days, the Spills Database will be updated to reflect spill closure. You may verify the closure of this incident by going to hftp://www.dec.ny.gov/chemical/8437.html then clicking on "Spill Incidents Database Search" and entering the Spill# referenced above without dashes or spaces under search method #1. Please contact me if you have any questions concerning this matter. Sincerely, Gxi� Caroline Schmitz Engineer Trainee CC: File YORK Department of TATE Environmental Conservation P U B L I C H E A R I N G RESOLUTION 2023-74 ADOPTED DOC ID: 18715 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-74 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3,2023: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 17, 2023, at 7:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by E&C Property Holding II, Inc. Said property is identified as part of SCTM #1000-83.-2-17.1. The address is 10475 Oregon Road, Cutchogue;.,New York. The property is situated on the northerly side of Oregon Road approximately 550 feet easterly from the intersection of Duck Pond Road and Oregon Road. The property is located within a split zone with a majority of the total acreage 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. The proposed acquisition is for a development rights easement on part of the property, consisting of approximately 25.7±acres (subject to survey) of the 28.7f acre parcel. The 3± acre Reserve Area will remain linked to, and prohibited from being subdivided from,the area subject to the easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $80,000(eighty thousand dollars)per buildable acre, estimated at$2,056,000.00 (two million fifty-six thousand dollars)for the 25.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. , FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and maybe examined by any interested person during business hours. Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] - MOVER: Sarah E. Nappa, Councilwoman SECONDER:Louisa P. Evans, Justice AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell i Times Review Media Group Invoice#: b6a3907c The Suffolk Times Date: 01/09/2023 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us Affidavits will be mailed or emailed (as ordered) 7 days AFTER THE LAST INSERTION DATE. -Description Publish Date _ Amount_ PUBLIC 01/12/2023 $42.91 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Total: $67.91 Please remit checks payable to: Balance: $67.91 Times Review Media Group PO Box 1500 J Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. I I LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday. January 17, 2023,at 7:00 p.m..Southold Town Hall, 53095 Main Road.Southold. New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by E&C Property Holding II, Inc.Said property is identified as part of SCTM #1000-83.-2-17.1.The address is 10475 Oregon Road, Cutchogue, New York.The property is situated on the northerly side of Oregon Road approximately 550 feet easterly from the intersection of Duck Pond Road and Oregon Road.The property is located within a split zone with a majority of the total acreage 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. The proposed acquisition is for a development-rights easement on part of the property, consisting of approximately 25.7±acres (subject to survey) of the 28.7±acre parcel. The 3±acre Reserve Area will remain linked to, and prohibited from being subdivided from, the. area subject to the easement. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. DATED: January 3, 2023 BY ORDER OF THE SOUTHOLD TOWN BOARD DENIS NONCARROW SOUTHOLD TOWN CLERK January 17, 2023 Regular Meeting 10 to the development of another committee? SUPERVISOR SCOTT RUSSELL : Good point . MR. ANTHONY SANNINO : I guess not . SUPERVISOR SCOTT RUSSELL : Good point . MR. ANTHONY SANNINO : Thank you very much . SUPERVISOR SCOTT RUSSELL : Would anybody else like to address any of the items on the agenda? (No Response) . SUPERVISOR SCOTT RUSSELL : Okay . (Whereupon, the meeting continued onto the Resolutions at this time . ) E & C Property Holding II , Inc . RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands ) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 17 , 2023, at 7 : 00 p .m. , Southold Town Hall, 53095 Main Road, Southold, Ned York as the time and place for a public hearing for January 17, 2023 Regular Meeting 11 the purchase of a development rights easement on property owned by E&C Property Holding II, Inc . Said property is identified as part of SCTM 41000-83 . -2-17 . 1 . The address is 10475 Oregon Road, Cutchogue, New York . The property is situated on the northerly side of Oregon Road approximately 550 feet easterly from the intersection of Duck Pond Road and Oregon Road. The property is located within a split zone with a majority of the total acreage 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 . The proposed acquisition is for a development rights easement on part of the property, consisting of approximately 25 . 7±acres ( subject to survey) of the 28 . 7± acre parcel . The 3± acre Reserve Area will remain linked to, and prohibited from being subdivided from, the area subject January 17, 2023 Regular Meeting 12 i to the easement . The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner . The easement will be acquired using Community Preservation Funds . The purchase price is $80, 000 (eighty thousand dollars) per buildable acre, estimated at $2 , 056, 000 . 00 (two million fifty-six thousand dollars) for the 25 . 7± acre easement . Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs . The property is listed on the Town ' s Community Preservation Project Plan as property that should be preserved due to its agricultural value . FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during January 17, 2023 Regular Meeting 13 business hours . SUPERVISOR SCOTT RUSSELL : Would anybody like to address the Town Board on this particular matter? MS . MELISSA SPIRO: I would . Melissa, Southold Land Preservation Coordinator . Let ' s see, there is a map up front and on Zoom. And as read in the notice, the property is loc-ated at the North Side of Oregon Road. East of Duck Pond Road. On the map, the farm is outlined in red . And there is a three acre excluded area . That is the broken right white line . The Town is requiring the development rights for Ag purposes and using the Preservation Fund. The area is about 25 . 7 acres . And 3 acres like I said -- 3 acres are being excluded. All subject to a final survey . This includes all prime Ag soils and is an area of predominantly active agriculture . You can see on the map . The white label indicates farms protected by either the Town or the County farmland . And preservation of January 17, 2023 Regular Meeting 14 this farm expands and completes really the western end of an existing block of community preserve farmland . This block of preserved farmland exceeds about 130 acres of continuous preserved farms within a mile, there is hundreds more of preserved land. You can see them all on the map . The property has undergone many stop-s for- both development and preservation from the existing ( inaudible) built from the prior owners . The notes in the file include discussions and acquisition going back pretty much over 20 years for subdivision, lot line changes, site plans and different proposals for preservation . So I am really glad to be here tonight for the outcome of the preservation of this important farm. I am happy to present this project tonight and have worked on the preservation of the farm. This farmland will bring the total amount of farmland preserved under both the Town and County to over 4 , 800 acres . I am thankful for the land January 17, 2023 Regular Meeting 15 owners for giving the Town the opportunity to preserve this important farm and the committee and -- the Land Preservation Committee and I both ask the Town Board to proceed with this acquisition. Thanks . SUPERVISOR SCOTT RUSSELL : Who would like to address the Town Board on this particular Public Hearing? MR. TOM STEVENSON : Tom Stevenson, Orient . I am on the Ag Advisory i Committee but I am not speaking for them. This property looks like a great addition . Thank you for all the hard work and I hope the Land Preservation Committee will be able to combine lots of Ag land like that, I think is really up there . And I am sure it ' s ranked -- it sounds like it was a property that was really high up on the list . So I am all in favor of it . I don ' t know if there is any actual structures on here . The Ag Advisory Committee doesn ' t believe that we should be delineating Ag structure areas . I don ' t know if it January 17, 2023 Regular Meeting 16 1 � does or doesn ' t . Referrals to the Ag Advisory Committee, in our 71-4 , this is our Ag Advisory Committee, the first item is that the Town Board shall refer such development rights to the committee for review. So I guess we were supposed to get together for one of our meetings in July of last year and we didn ' t have quorum. I never saw it and didn ' t see the project . So I just wanted to point that out . So I would hope that more effort would be made to bring it to us . But I do think it ' s a good property. That is all I have on that . SUPERVISOR SCOTT RUSSELL : I just want to -- sorry, I agree with you 100 . But to suggest that more effort be made, I might submit that that works two ways too . So we asked to do a complete change of shift in how we do business around here and include Ag Committee . I understand the attendance is difficult there, but as you know, it is very difficult to get enough farmers in the room based on the nature of what you ' re January 17, 2023 Regular Meeting 17 doing . She made efforts . She brought all of the information that needed to . I just wanted to give her due credit . Would anybody else like to address the Town Board on this particular purchase? (No Response) . COUNCILMAN GREG DOROSKI : Motion to close this Public Hearing? COUNCILWOMAN SARAH NAPPA: Second. SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . COUNCILMAN GREG DOROSKI : Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . And that is the only Public Hearing . That concludes the business . I would like to invite anybody that would like to come up, to please feel free speak on any issue? MR. ANTHONY SANNINO: Just want to welcome our Town Attorney, Paul DeChance . I guess -- that ' s your name? S E Q R A P U R C H A S E R E S O L U T I O N RESOLUTION 2023-134 � � g ADOPTED DOC ID: 18805 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-134 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17,2023: WHEREAS,the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by E&C Property Holding II, Inc. on the 171h day of January 2023, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM#1000-83.-2-17.1. The address is 10475 Oregon Road, Cutchogue, New York. The property is situated on the northerly side of Oregon Road approximately 550 feet easterly from the intersection of Duck Pond Road and Oregon Road. The property is located within a split zone with a majority of the total acreage in the Agricultural-Conservation (A-C) Zoning District and approximately 2.55f acres situated on the northerly side of the parcel being in the Resort Residential (RR)Zoning District; and WHEREAS, the proposed acquisition is for a development rights easement on part of the property, consisting of approximately 25.7facres (subject to survey) of the 28.7± acre parcel. The 3f acre Reserve Area will remain linked to, and prohibited from being subdivided from, the area subject to the easement. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $80,000 (eighty thousand dollars) per buildable acre, estimated at $2,056,000.00 (two million fifty-six thousand dollars) for the 25.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Louisa P. Evans, Justice ,AYES: Nappa, Doroski, Mealy, Evans,Russell EXCUSED: Jill Doherty OFFICE LOCATION: 4a�'S�U�yO'�,.. ,. MAILING ADDRESS: Town Hall Annex �` �' P.O.Box 1179 - 54375 State Route 25 ' ' Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) cis G Southold,NY 11971 Telephone: 631 765-1938 - .�. �! . �� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date: January 26,2023 Re: The purchase of a development rights easement on property owned by E&C Property Holding H,Inc SCTM# 1000-101.4-8.2 and 1000-101.4-8.3 This proposal is to purchase a development rights easement on the part of the property, consisting of approximately 25.7=Lacres (subject to survey) of the 28.7E acre parcel. The 3f acre Reserve Area will remain linked to, and prohibited from being subdivided from, the area subject to the easement. The address is 10475 Oregon Road, Cutchogue,New York. The property is situated on the northerly side of Oregon Road, approximately 550 feet easterly from the intersection of Duck Pond Road and Oregon Road. The property is located within a split zone with a majority of the total acreage 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. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at(631)765-1938 if you have any questions regarding the above recommendation. Cc: Paul DeChance,Town Attorney Melissa Spiro,Land Preservation Coordinator Short Environmental Assessment Form Part 1 -Project Information Instructions for'Comnleiing Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1—Project and Sponsor Information Name of Action or Project: E&C Property Holding,,II,Inc.,Town Purchase of a Development Rights Easement Project Location(describe,and attach a location map): 10475 Oregon Road,Cutchogue;SCTM#1000-83-2-17.1 Brief Description of Proposed Action: Town purchase of a development rights easement on 25.7+/-acres of the 28.7+/-acre property. Name of Applicant or Sponsor: Telephone: (631)765-5711 Southold Town Board E-Mail: melissa.spiro@town.southold.ny.us Address: 54375 Route 25,P.O.Box 1179 City/PO: State: Zip Code: Southold NY 11971 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that a ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 25.7+/-acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 28 7 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑✓ Rural(non-agriculture) ❑✓ Industrial ❑ Commercial ❑✓ Residential(suburban) ❑Forest 0 Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Pagel of 3 SEAF 2019 J 5. Is the proposed action, NO YES N/A — a. A permitted use under the zoning regulations? ❑ Z ❑ b. Consistent with the adopted comprehensive plan? ❑ a ❑ NO YES 6. 'Is the proposed action consistent with the predominant character of the existing built or natural landscape? 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: a ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? Fv� ❑ b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ action? 9. Does the proposed action meet or exceed the-state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: NA ❑✓ ❑ 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: NA Z ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the ❑✓ ❑ State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? Fv-,] ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑ Forest ❑✓ AgriculturaUgrasslands [I Early mid-successional ❑Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? ❑� ❑ 16. Is the project site located in the 100-year flood plan? NO YES ❑✓ ❑ 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, ✓❑ ❑ a. Will storm water discharges flow to adjacent properties? 21 ❑ b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ❑✓ ❑ If Yes,briefly describe: 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: ❑ 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: a ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/nam • Melissa Spiro Date:1/3/2023 Signature: Title:Southold Land Preservation Coordinator PRINT FORM Page 3 of 3 Agency UseOnIy IlfApplicablel Project: ESC Property Holding 11,Ina Date: V26/2023 Full Environmental Assessment Form Part 3-Evaluation of the Magnitude and Importance of Project Impacts and Determination of Significance Part 3 provides the reasons in support of the determination of significance. The lead agency must complete Part 3 for every question in Part 2 where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. Based on the analysis in Part 3,the lead agency must decide whether to require an environmental impact statement to further assess the proposed action or whether available information is sufficient for the lead agency to conclude that the proposed action will not have a significant adverse environmental impact. By completing the certification on the next page,the lead agency can complete its determination of significance. Reasons Supporting This Determination: To complete this section: • Identify the impact based on the Part 2 responses and describe its magnitude. Magnitude considers factors such as severity, size or extent of an impact. • Assess the importance of the impact. Importance relates to the geographic scope,duration,probability of the impact occurring,number of people affected by the impact and any additional environmental consequences if the impact were-to occur. • The assessment should take into consideration any design element or project changes. • Repeat this process for each Part 2 question where the impact has been identified as potentially moderate to large or where there is a need to explain why a particular element of the proposed action will not,or may,result in a significant adverse environmental impact. • Provide the reason(s)why the impact may,or will not,result in a significant adverse environmental impact • For Conditional Negative Declarations identify the specific condition(s)imposed that will modify the proposed action so that no significant adverse environmental impacts will result. • Attach additional sheets,as needed. See Short Environmental Assessment Form prepared by Southold Town Land Preservation Coordinator signed and dated 1/3/2023. Determination of Significance-Type 1 and Unlisted Actions SEQR Status: ❑Type 1 ©Unlisted Identify portions of EAF completed for this Project: 0 Part 1 ❑Part 2 ©Part 3 Upon review of the information recorded on this EAF,as noted,plus this additional support information SEAF and considering both the magnitude and importance of each identified potential impact,it is the conclusion of the as lead agency that: Q A. This project will result in no significant adverse impacts on the environment,and,therefore,an environmental impact statement need not be prepared. Accordingly,this negative declaration is issued. I ❑ B. Although this project could have a significant adverse impact on the environment,that impact will be avoided or substantially mitigated because of the following conditions which will be required by the lead agency: There will,therefore,be no significant adverse impacts from the project as conditioned,and,therefore,this conditioned negative declaration is issued. A conditioned negative declaration may be used only for UNLISTED actions(see 6 NYCRR 617A). ❑ C. This Project may result in one or more significant adverse impacts on the environment,and an environmental impact statement must be prepared to further assess the impact(s)and possible mitigation and to explore alternatives to avoid or reduce those impacts. Accordingly,this positive declaration is issued. Name of Action: Purchase of development rights easement on property owned by E&C Property Holding II,Inc Name of Lead Agency: Southold Town Board Name of Responsible Officer in Lead Agency: Scott A.Russell,Supervisor Title of Responsible Officer: Same Signature of Responsible Officer in Lead Agency: Date: I �d111 Signature of Preparer(if different from Responsible Offi r) Dater Z3 For Further Information: Contact Person:Mark Terry,Assistant Town Planning Director Address: P.O.Box 1179,53095 Main Road,Southold,NY 11971 Telephone Number:631-765-1938 E-mail:Mark.Terry@town.southold.ny.us For Type 1 Actions and Conditioned Negative Declarations,a copy of this Notice is sent to: Chief Executive Officer of the political subdivision in which the action will be principally located(e.g.,Town/City/Village of) Other involved agencies(if any) Applicant(if any) Environmental Notice Bulletin: http://www.dec.ny.eov/enb/enb.html PRINT FULL FORM Page 2 of 2 c L O S I N G S T A T E M E N T 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 (7118/2023) $ 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) l Environmental Report (Phase I ESA Job #21071) Payable to Nelson, Pope &Voorhis, LLC $ 1,850.00 Check#151356 (3/14/2023) Title Report #71239749 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 II, Inc Christine Sessa, Esq. Attorney for E&C Property Holding II, Inc. Jeanne D. Giarratano Town's Title Closer Lillian F. McCullough Land Preservation Executive Assistant Cathy Kreshon Land Preservation Senior Office Assistant • t i j -f -f 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 iV n 1 0 0 0 9 0 9 0 ® 9 0 " TOWN OF SO UTHOLD AUDIT 07/18/2023 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 152399 THE SUFFOLK CO.NATIONAL BANK I .. I CUTCHOGUE,NY 11935 DATE AMOUNT 50-546/214 07/18/2023 $2, 062,400.00 TWO MILLION SIXTY TWO THOUSAND FOUR HUNDRED AND 00/100 DOLLARS �p�ogOfFOI,�eaG�� PAY EDUCATIONAL & CULTURAL TRUST o ORDEE FUND OF ELECTRICAL INDUSTRY OF 15 8-11 HARRY VANARSDALE JR AVE FLUSHING NY 11365 ii' L5 2399ii' 1:0 2 L405464o: 63 00:000L, Olin 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 11, Inc. 10475 Oregon Road, Mattituck 1000-95-4-11 INVOICE#1000-41 Real Estate Appraisal: $3,500 TOWN OF SO,UTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 07/19/2022 CHECK 149263 A 1 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT i i CM .6660.2.500.200 36571 1000-41 APPRSL-1000-83. -2-17.1 3,500.00 TOTAL 3,500.00 1 i I *qis: 414 ,:?�.' _ - -----'----- ...------ -------- -- ,.-.��r�fy'�•C' riP�+ F.t ' ` ' c�'•"�'�y` .r.'"1:�r f .�t �iil-fj"•..-3".� t .utr-n. i ,,tI ; �r�iI�.+ry.•��5�_ �a`}'a�,.r' '�'-� ..•. 1 • 1.• •.t., '+'+Yt+r'",T`R�.!>`F ��.' ':i7T ,}* rittr' ao: ;Ft tea,-?5. c ' at > •Y rrt i i \ 1 I -____ ____.._____-.._-�MK _._ ''.7'• -34 0 ®�40• ':T'i'U^ `5 a ''y '"9^ -i5:1f M-�,':.i`p i I TOWN 0F.S0U7-H LD AUDIT; 6�/1.9 2'2 53095 MAIN,ROAD,PO BOX•11`79: " 'SOUTHOLD,NY 11971-0969 CHECK'NO:`•14.9263 - I .� THE SUFFOLK C0:NATIONAL BANK AMOUNT I ' I CUTCHOGUE,NY 11935 DATE ; SoSasrzi4 07;/19/•.2022. `4.3.;50:0.00; THREE':THOUSAND FIVE HUNDRED''AND a0'%100...:D.OLLARS• SPAY ELINOR BRUNSWICK, MAI. i = rrb.TH'E AP BRUNSWIC'K PRAZSAI, :CORD 'ORDER O •: �.LS PO BOX"674OF ROCKVILLE .CENTRE NY 11571 I r1 • - •. ' u' L49 263u' 1:0 2 1 4 0 54641: 63 000001, Oil T ZA,K" !,K;M7 )-T 2{ % 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 BUM: Town Of Southold melanie.doroski@town.southold.ny.us 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. Sctrn 1000-83-02-17.1 Reference't6e scd6d*bf services requested for professional surveying services from the Department of Land Preservation Tbwn dated Ja6i1�,*.'2*b23,-Re" This estimate includes all of the of Southold.d garding E&C Property Holding 11,Inc.to Town of Sbb d request;' items outlined in said ..BPYYG "',Ypon completion of the preliminary It is our understanding the survey.Will.be reviewed to make sure the areas are satisfactory $6,450.00 to the Land Preservation Corri'mittee and the existing land owners.Any changes to the preliminary plans will be made at this p n't.Once the plans are deemed point. six original survey prints Wift be provided along with-a reduced Digital copy in PDPformat. Tim6.Schedule 2 weeks -Subtotal .$6,456.00 TAX 0% Total $b,450.00 PAID ....0.09 Balance'Dde $6,450.00.i--­" ;ti:. `Tamil++. " 6 -`. ',ti;' .. S._• ':t��.:• :'.. .L-a:i: { i TOWN OF SOUTHOLD i • - I i 1 VENDOR 010586 JM LAND SURVEYING DPC 03/28/2023 CHECK 151446 I FUND & ACCOUNT P.O.## INVOICE• DESCRIPTION AMOUNT CM .8660.2.600.100 36582 7963 1,ORGN RD-1000-B3.-2-17.1 6,450.00 i I TOTAL 6,450.00 4 ------ --'----------------------------- ----- - - - - ---- - -- - Cm �- I '•A _ a I I I t- I I I I., I I I I { i • I TOWN':OFSOUTHOLD'- -AUDIT, :3/28/2023 .. .53095-MAIN ROAD,PO BOX-1119 • ' I-;T SOUTHOLD;NY 11971-0959 r CFIECK.NO."151446 l THE SU4OLK CO.NATIONAL BANK "! CUTCHOGUE,NY 11935 DATE AMOUNT ' so=5a'sizla :03'/26%2023' 6'`;450.09 .S'IX•.THOUSA'ND'FOUR.:HUNDRED FIFTY AND bb/'10•Q` DOLLARS.' I Ay . qM.,LAND SURVEYING DPC . � �- c TO THE - PO BOX'14 0 8 ORDER: OF 13-31 'OLD MILF-=ROAD SMITHTOWN NY 117.87 ' 11' 15 i446i1' 1:0 2 140546Loll: 63 000004 Olin � ' invoice environmental POPE VOORHIS environmental•landuse-planning 70 Maxess Road,Melville,NY 11747 (631)427-5665 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 Professional Services Phase ---- SA---------1/11/23 Contract Phase I ESA ---------- -------------------------------------------- Task 1300 Phase I ESA Fee 1,850.00 Total this Task $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. Ly TOWN OF SOUTHOLD f ' VENDOR 014161 NELSON POPE &/VOORHIS, LLC 03/14/2023 CHECK : 151356 - A ; FUD!3 & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT I / - I CM .8660.2.600.100 36581 29075 PHS1 ESA 1000-83.-2-17.1 1,850.00 i TOTAL 1, 850.00 � ' t ' t ' t t I —L'L _ j(�ff/� ' •---- ----------------'---_ !.� --_-__ - --- - ------- ___-•-'-- -----' Mi 1•` �'7•� sue• r� _ S�� -I • I Tom. y •i. # r 45 406 i •�� 7�' '`fib-r;�:��i3 `�i�`.;�7':�"'.. °,�^"'�• �.; E � i� 1 i I I t — TOWN OF SOUTHOLD :03/14•/,23.AUDIT' ' ,53095 MAIN ROAD.PO BOX 1179, •• - - SOUTHDLD,NY.11971.095s CHECK NO. 15; 356 CUTCHO UE,NY 11935 NAL BANK AMOUNT 50-5asni a,: 03:/1`.4/2023:.. . ,�1;:,:;850.0.0 . ' . . ONE".THOi7SAND"EIGHT HUNDRED;.FIFTY :AND 0.0:%1:OA":DOLLARS t t SON POPE. &.VOORHIS, LLC PAY NEL 0,771E' . 7 0. MA ES S RD • nr IORDER MELVILT;E NY'11747 c il' L5135Gill 1:0 2 140546L-1: 63 000004 0ll' t I Affirstewart INVOICE Title No. 71239749 TITLE Invoice No. 7123974901 Invoice Date 07/17/2023 12:13 PM CLOSING • ' • Title Closer Jeanne D.Giarratano Applicant Lillian McCullough Closing Date/Time 7/24/2023 2:00 PM Lender N/A Closing Location Lender Attorney N/A 54375 Route 25/Main Road-Southold Town Hall Annex-Executive Board Seller Attorney Libby Fannon Rm(2nd Fl)-Southold,NY Transaction Type Easement with Insurance Sale Amount $2,062,400.00 Loan Amount $0.00 REFERENCE INFORMATION Property Address 10475 Oregon Road,Town of Southold,City of Cutchogue,State of NY,Zip 11935,District 1000,Section 083.00,Block 02.00,Lot part of 017.001 Unit Number Property Type Commercial,Vacant County Suffolk Seller E&C Property Holding II,Inc. Buyer/Borrower Town of Southold SERVICESPROVIDED PREMIUM: Fee Insurance(Liability Amount:$2,062,400.00) $7,980.00 $7,980.00 ENDORSEMENTS: SEARCH FEES: Search Fee* $80.00 $80.00 Bankruptcy and Patriot Municipal Search(Commercial)($575.00)* ** NONE REQUESTED Franchise Tax Search($0.00)* ** NOTE:On order State-Certificate of Good Standing $150.00 $150.00 For E&C Property Holding II Inc. RECORDING FEES:*** Recording Fees $985.00 $985.00 Easement w/TP584&RP5217(24pgs)$675.00 Declaration of C&R(3pgs)$310.00 NOTE:Fee(s)above is/are estimated.Please add$5 for each addt'1 page or subtract$5 for each page,if less shown. TAXES:(TRANSFER/MANSION/MORTGAGE) _ NYS Transfer Tax(usually paid by seller)($8,250.00) ** EXEMPT Please remit payment to:Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3 White Plains,New York 10604,Attn.:Accounting stvart Invoice No.7123974901 TITLE Peconic-Bay Regional Town Transfer Tax($51,560.00) ** EXEMPT 2.5%RATE ADDITIONAL: Surveys($0.00) `* TO BE ADVISED 1 Additional Fee - $350.00 `$350.00 Title Closer Services Fee NOTE:Please make.arran ements to pay closer directly SUBTOTAL: $9,545.00 $9,545.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $9,545.00 $9,545.00 SU.00 $0.00 *Taxable at 8.625%. �� r **Patty responsible for payment 9��95i 00 0 Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company., CHECKS PAYABLE TO ST1C AMOUNT CHECKS PAYABLE TO OTHER AMOUNT av .. � .i _Cr/1f�1t35�o.�U PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance. 2. Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the patties and usually without having been provided final documentation to be used at closing.Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time. 3. Refinance:if this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced prernium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at time of closing. If closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G):"The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant." 5. Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from tune of scheduled closing. An adjournment fee of$200.00 will be invoiced when the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our website:jawtv:ctei rrt.ciit irriymiliti�: Please remit payment to:Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains,New York 10604,AM.:Accounting 7/17123,12:11 PM Finish - Trans3cf►on Info Amounts . �ndorsemerils. PFees `Re`suib - Results Purchase Amount: _ $2-;06_2;400:00 _ Mortgage:Amounf: w I$O.b0 u -- 2nd Mortgage_Amount:. . _ !�$0.00 3rd Mortgage Amount: 1$0.-00ti�- Property Type: Commercial_ Transaction Ty."pe: J !Purchase- - ...._..,_ ._I. _ - --- County: _Suffolk Municipality:, Southold . ^ Property,Improved:., Yes Transfer Tax Paid�by Purchaser: No T_f_rnestamp _ _ �e ~7/_17J2023 12:10:52 PM EDT Title Number: 4 71239749 Owner's Title Insurance- $2,062,400.00 $7,980.00 Purchase Transfer Tax: II $38 _24_8.00 _ $8,250.00 ! $0.00 Tax Rate_ . Taxable Amount _ Tax Pa.yor = New•York State Real Estate Transfer TaX,(NYS�RETT) _0.0040 = ,f'Z:062j500.00, _$8,250.0,0. .r S w Petonic Bay.Regional Town Transfer Tax 0.0200 _ °$1;912,4.00.00 ;$38,248.00 B Disclaimer: Information for the Rate Calculator has been obtained by Stewart Title from sources believed to be reliable. However, because of the possibility of human or mechanical error, whether by our sources or by others, Stewart Title does not guarantee the accuracy, adequacy, or completeness of any information herein. Stewart Title does not make any express or implied warranties with regard to the use-or freedom from error of Rate Calculator and shall not be responsible for any errors or omissions or for the results obtained frorn the use of such information. You should not assume that Rate Calculator is error-free or that it will be suitable for the particular purpose that you have in mind when using it. Click_here to perform another calculation:, Printer friendly version•. hitps://www.stewartstar.com/SRC/RateCalculator/Pages/Finish.aspx 1/1 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 yam. 'u' .. .. • n ' y o — rn � r ca n o o o a ® a •a a s o , TOWN OF SOUTHOLD PREPAID 7/24/23 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 152489 •• THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT 50-546/214 07/24/2023 $9, 195.00 NINE THOUSAND ONE HUNDRED NINETY FIVE AND 00/100 DOLLARS a�Q�Qg�FFOLx�sh PAY STEWART TITLE INSURANCE CO. c TO THE 711 WESTCHESTER AVE, SUITE 302 ►s ORDEROF WHITE PLAINS NY 10604 �'f' no 15 2489us 1:0 2 L40 546L,1: 63 000004 0 A TOWN OF SOUTHOLD 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 a' •- - "-tie�- -__.;-- - - m N n TOWN OF SOUTHOLD AUDIT 07/18./2023 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 152432 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT • 50-546/214 07/18/2023 $350.00 THREE HUNDRED FIFTY AND 00/100 DOLLARS I �o�ogOFFQiK�oGys PRY JEANNE D. GIARRATANO, INC. a TO THE 259 SMITH AVENUE ORDER ISLIP NY 11751 ii' 15 243 2ii' 1:0 2 L4054E41: 63 000004 Oil' R E c O R D E D E A S E M E N T IIIIIIIIII{Illllllllllll{IIIIIIIIIIIIIillllllllllllllll I Illlll IIIII Illll 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 $375.00 TRANSFER TAX NUMBER: 23-04090 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County rj Submit by E-mail Print Form �� -- RECORDED Number of pages 2023 rep 05 09:15:49 AM Vincent Puleo CLERK OF This document will be public rUFFOLK COUNTY record.Please remove all L D00013216 F 942 Social Security Numbers DT# 23-04090 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee I� f Mortgage Amt. 1.Basic Tax Handling 20. 00 l 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. �� or EA-5217(County) Sub Total I Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. 7zb � Held for Appointment Comm.of Ed. 5. 00 L TransferTaxAffidavit • Mansion Tax 01 00 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other _ Grand Total If NO, see appropriate tax clause on page# of this instrument. 4 1 Dist. 100C 5137244 1000 0e3oo 0200 017001 5 Community Preservation Fund Real Property T Iuuulu�lUUIIIII� Consideration Amount$ �n Tax Service R D7Y A IIIIIIIIIIII IIII�I�1111 Agency CPF Tax Due $ Verification 07-AUGr Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&REETURN TO: Vacant Land 4 ,WI) " Boll fholel,b 22 a(ldle f��fP/t�0/%d/� �' TD V 5p�1395 2lf� Ja41M,g1b1 Ali-: / r TD / -17/,: J-1111017 /r/e TD 7 Title Company Information 11 Co.Name ultt Title# )V 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Grant of Development Rights Easement made by: (SPECIFYTYPE OF INSTRUMENT) E&C Property Holdinjz 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 eaieh jg, BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR VILING. over 7i2397Y19 b ist l000 083. 0o 02, od CoT 617.. 00 I GRANT OF DEVELOPMENT RIGHTS EASEMENT AS Or THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made q(i 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, 26.19f acres, in the Agricultural-Conservation (A-C) Zoning District and approximately 2.55f 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 Affilkstewart TITLE Title Number: 71239749 SCHEDULE A—DESCRIPTION [[AMENDED 7/20120231] 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) course's 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 -//*^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. 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 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 1 "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 riot 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; 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 i 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 o_ r 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 a 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, 1 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 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 Understandina 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 Prf)nprfv and Assi nment of Develo ment 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 t `Y �F. i 21 By: � GEaR�D F'/NK�L � P2Es/�E�� ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor y�X l 1` a�Y f' r,. i 21 STATE OF NEW YORK) COUNTY OF W), SS: - On the t k day of in Me year 2023 before me, the undersigned, personally appeared Ct� �� personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of which the individuals)acted, executed the instrument. Signature/office of individual taking acknowledgement FCHRISTINA A SESSA lic,State of NewYorko2SE6011444 in Nassau Countyxpires November 21,201 STATE OF NEW YORK ) COUNTYOFSUFFOLK ) SS.' On this)-y'day offtJJV in the year 2023 before me, the undersigned, personallyappeared Scott A. Russell,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the individual(s), or the person upon behalf of which the individual(s)acted, executed the instrument ignatur%ice bf individual taking acknowledgement FNOTARY D GIARRATANO ,STATE OF NEWYORK n No.01G16094250 ���in Suffolk CountyExpires June I0, - 22 C O V E N A N T S R E S T R 0 C rt ° rt � T ° L' 0 N 6, go I O N S IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII (IIIII IIIII IIIII 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 $300.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County 7 1=1 F Submit by E-mail Print Form - RECORDED Number of pages 2023 pep 06 09.15:49 AN Vincent. Puleo CLERK OF This document will be public SUFFOLK COUNTY L D00013216 record.Please remove all P 941 Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. _ 11 or EA-52 17(County) Sub Total J Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. "°L�, Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit _ Mansion Tax The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15, 00 Sub Total L�t�,r� family dwelling only. YES or NO Other _ Grand Total no If NO, see appropriate tax clause on page# of this instrument. MC' -_7 /Q)a 4 Dist. 5137243 1000 08300 0200 0170ol 7.001 5 Community Preservation Fund Real Prope p T S 11111111111110111 Consideration Amount$ Tax Service R DTY A Agency 07-AUG CPF Tax Due $ Verificatio Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land 704W-of Jau#o%'-L"?, Ad A7176 .S F,/X/oh,0/1 5�395�vufP z5/ a /�P TD dou fh�/d• f�l✓ /97/ TD TD 7 Title Company Information 1 Co.Name S Q T Title# 7115 r/i/ 8 ►JLi11U11t l.Vu11I y jL.c;.,vrt uxiLig & Endorsement Page This page forms part of the attached Declaration made by: (SPECIFY TYPE OF INSTRUMENT) E&C Properly 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 q or HAMLET of AU BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR ALING. over 7'Z39.7 %1ST '1000 Sire o 83, �� DECLARATION OF COVENANTS AND RESTRICTIONS `off b� 7. d0 ( THIS DECLARATION, made as of the I2'-day of T,tiL(,� , 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 91000-83.-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: "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. 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: Gera� � � i/1K2` Fresl clV► STATE OF NEW YORK ) _ Qkw,s ) ss.: COUNTY OF S4 FFGH CTIP - ) On the Iza� day of ZI-Ati , 2023, before me, the undersigned, personally gppeQrle� C��rald ;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 New York No.02SE6011444 Qualified In Nassau County Commission Explres November 21,20 . EXHIBITA f�. r rr h" .>L r y. t` 5 ^stewaft 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 Decembet 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. //Pstewart TITLE 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. � •'d9, mow. .t,,.,.'� �z :q ,f FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the patty of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. t EXHIBIT B r. � l }J� IV` J� 4` N 'lam - //Pstewart TITLE Title Number: 71239749 [[AMENDED 7/20/202311 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. A stewaft 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. 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. EXHIBIT C f - 141 y stewarat TITLE Title Number: 71239749 RESERVE AREA-NOT TO BE INSURED: AMENDED 7/20/2623 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.. T I T L E P O L I C Y � ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY sJL tewart 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 1 a 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. dVCountersigned by: y"'*w, A�r•.�(b John John Frates 1987 0 President and General Counsel 1 rJ;FK'Yp:�� o• Craiq Golfke4berq Division P es' ent Davit!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 Stos:/Aw+nv.steweri.comfnew-vork Serial No.: 0-8911-000938327 File 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 (li) 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 Titre 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 (i)) the character, dimensions, or location of any improvement 10);or erected on the Land; (a) resulting in loss or damage that would not have been sustained if the (lii) 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 Tille 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 Dale 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 (a) "Insured Claimant": An insured claiming loss or damage. these Conditions. (1) "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 riled 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,orlend 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 Mle No.:71239749 2. CONTINUATION OF INSURANCE j 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 tong as the Insured retains an estate effecting settlement, and (u)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(It)an obligation secured by a purchase money Mortgage defend,prosecute,or continue any litigation,with regard tb the given to the Insured. matter or matters,requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT 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;(il)In case inspection,and copying,at such reasonable times and places-as 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,lodgers;chocks,memoranda,correspondence,reports,e policy,or m (iii)i(the Title,as insured,is rejected as Unarketable Title. 1f mails,disks,tapes,and videos whether bearing a date before or the Company is prejudiced by the failure of the Insured Claimant to after Dale of Policy,that reasonably,pertain to the loss or damage. provide promptnotice,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 tho Company to examine,Inspect,and-copy alllof these records in the custody or tn.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 Toss 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 Ihat'constitules the basis ofloss 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 bythe 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 litigationin 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 polloy. 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 tees,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 maybe 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 admission of under this policy. In addition, the Company will pay any Iialiilily 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 lime of payment and that the Company is obligated to pay; requiredor 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'tees,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)(1)or(A),the Company's obligations and any appeals, the Insured shall secure to the.Company the lathe 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) B. 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 Serial No.: 0-8911-000938327 - File No.: 71239749 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 (il) the Insured Claimant shall have the right to have the loss or transaction giving rise lo,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(p)may 9. LIMITATION OF LIABILITY be entered in any.court of competent jurisdiction. (a) If the Company establishes the Tide, 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 Ifiigalton 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 Ihat.mallerand shall policy shall be construed as a whole. ' not be liable for any'loss or damage caused to theinsured. (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. itabilfly for loss or damage until there has been a final (c) Any amendment ofor endorsement to lhispolicymust 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 anytime is rnade a part for 6abltly 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. provisfons. Except as the endorsement expressly states,it does not(i)modify any of the terms and provisions of the policy, (ii) 10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF modify any prior endorsement, rrf)extend the Dale 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 orin 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 Dale of Policy and (a) Choice of Law: The Insured acknowledges the Company has which is a charge or lien on the Tftie,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 claims against the Title that are adverse to the insured and to 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT 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 tie 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 fried 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 altomeys'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 451h 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. - Serial No.. 0-8911-000938327 File No.:71239749 Policy Number: 0-8911-000938327 S tewar't tifio 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) - steWart title Policy Number: 0-8911-000938327 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)- �� ��,,} .}.� ' Policy Number: 0-8911-000938327 � - 1. L, O 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 017.0011 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) - s tewart tits 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; 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) - Stewart title Policy Number: 0-8911-000938327 - 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)- Policy Number: 0-8911-000938327 stevvart title 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: r"is i—,�1 J/��y(� f.�i�/t•_y II ,~ �-':•� � ..�._ John Fratca •.: 198� Tc N&fil[lent ail8 Gcrieral counsel t 1101-P ed Uffice o Agent �'^•*�'�� jam.(� `UavicI Hisey 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) s.}.��a�„� .}.�{.�� Policy Number: 0-8911-000938327 9. 4. L 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: 12, John Frates President and GonoralCounsuf --d— - -i i ul Offic o Agent �� ? 1987 lior t�:lE 4 ;Av ' Aarvid Hisey Stewart Title Insurance Company socratary 2 Grand Central Tower 140 East 45th Street, 33rd Floor New York,NY 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/2412016) N Y S D E C R E G I S T R Y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests,Bureau of Real Property 625 Broadway,5th Floor,Albany,New York 12233-4250 P:(518)402-94421 F:(518)402-9028 1 Landsforests@dec.ny.gov www.dec.ny.gov November 14, 2023 Cathy Kerson Land Preservation PO Box 1179 Southold, NY 11971-0959 Dear Cathy Kerson: We received the following conservation easement(s)from you on November 1, 2023: CE#: Suffolk, 0740 Grantor: E & C Property Holdings II, Inc Deed: Book D000131216 Page 942 Recorded: 9/6/2023 The conservation easement(s)cited above has/have been identified for our indexing and filing purposes. This/These number(s) may be needed for the landowner to claim a conservation easement tax credit; however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT-242-1 (excerpt below in italics). Note:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions, for the year of the donation. Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased: • for no consideration or a nominal amount, or • for less than fair market value (FMV), provided, in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations section 1. 170A-13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit. It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions.When contacting this office about this/these parcel(s), please use the assigned conservation easement number(s). Sincerely, Donna Holmes Program Aide Bureau of Real Property dlh NEWYORK Department of oPOR;Hm Environmental Conservation P R O P E R T Y R E C O R D S 10475 Oregon Rd July 24, 2022 E & C PROERTY HOLDINGS II, INC to TOWN OF SOUTHOLD SCTM #1000-83.-2-17.1 Development Rights Easement — 25.78 acres Total Parcel Acreage — 28.74 acres Reserve Area — 2.96 acres Location: 10475 Oregon Rd, Cutchogue, New York INTRODUCTION 16 SUBJECT PROPERTY PHOTOGRAPHS MA Facing east on Oregon Road, subject to the north 1� Facing north from Oregon Road at the easterly portion of the subject property BRUNSWICK APPRAISAL CORP. INTRODUCTION 17 SUBJECT PROPERTY PHOTOGRAPHS d'Facing north at the single-family dwelling on the westerly portion of the subject M 7 kt Facing north on the subject property BRUNSWICK APPRAISAL CORP. SVFFD(� OFFICE LOCATION: LILLIAN F.McCULLOUGH O�� CQG Town Hall Annex LAND PRESERVATION 54375 State Route 25 EXECUTIVE ASSISTANT cot (comer of Main Rd&Youngs Ave) lillianm@southoldtownny.gov ti Southold,New York Telephone(631)765-5711 Oy �� MAILING ADDRESS: 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 11, Inc. CONTRACT DATE: January 20,2023 CLOSING DATE: July 24,2023 PURCHASE PRICE: $2,062,400.00 per contract FUNDING: CPF 2% Land Bank MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value. 4 ppudomcxranl . Jp�q � �, wlonwxeamresRxa d7 c;vx Q �d SY8°3911fff 569Si' n 4 e r• e ee % , 4� r7 �a \a5 ae�e ♦ r,`rr e\ems —I 1 e°%s ; INV- �a r DMIOPMEMRICAAS EASEMENEARM d, r , ff23,101 SO.FT. 7\I .•O 25.78ACRES �S % RESWAREA xe 08,790 SO.9.. �`!e Z96 ACRES r' ,o \ r pQF6 Gd �o G� AO C,,Nied to �� To.of Saulhold qd EhC Properly Holdrg 0,Inc Slexarl rifle Inm—e C.poq Chicogo itle Insurance Soku IVY Farms HC Form Credit Easl,pfA Survey of Property CUO;h;ue uxa rxc •`£a`"cwr�' Town of Southold rABlmxme�ed.mla 4 Suffolk County, New York ' Tax Map#1000-83-02-17.001 TOTAL DRODfR1YAREA= Scale 1" 100' Jan.30,2023 ...... f,251,895 SUT. ate•' GRAPHIC SCALE �P 1B"1 T26' 28.74 ACRFS P.O.Box 140E Sm11Nl,—N.Y.117B7 A E R I A L S 1 i _ .YYY/.Ij•I-. �t�T� f �f f � T • ► # allu ' 1 - A,` ` 4 40 7 +� C + t a r ♦ s , 1 v � 4. 9 ks J n At 1 /1 ,i• • y a� z VNV, �, .. r� ik } 4 lb A R .I w 1 11 • a � Y r ��� � � t;�-.� •jam, � � � A M h � Noy • .� ,� Wit, �'� `� 1 �� • �� ' � , ' 1. J ,'� .• fly ' f �� . 1/': � - � '�+ i • _ y fff/I • J I � r r • ti. , . f� .y� y,• w r _ - t 1 .s 411W INQUIRY#:7230261.4 ; YEAR: 1980 r =500' ,F# . z, rq. '� r i e x N gi t1 ,46* 4 tr ' INQUIRY#:7230261.4 YEAR: 1970 1Ur =500' (rEDR" R �. ' R ,. op s h I � INQUIRY#:7230261.4 YEAR: 1969 =500' �EDR' , r i ' - t � t '' } 14 �� .•�1 INQUIRY#:7230261.4 YEAR: 1962 =500' (rEDR .'► 3 �q: ��t LT$ ��• � Ts� ., Ate �r a,,: t • A Will. s INQUIRY M 7230261.4 YEAR: 1957 =500' (rEDR w �3337Rf r �•AKr�1 f� Y t f a ` ` 74, r • ♦ ' _ ,IV INQUIRY M 7230261.4 YEAR: 1954 A =500' (rEDR ~~ �" - J � - .. .✓ 'S'� � � � jai r 1 R at M � - a� 1 11 � a sY 6 r .j i yy _j�• i � r t i i } i 4a . I N Q U I RY#:7230261.4 /� ` • �I Jr YEAR: 1940 =500' (rEDR �` ' sr •M � • s K ti a INQUIRY#:7230261.4 YEAR: 1938 `IjJr' =500' (rEDR ` �'10475 Oregon Rd / ♦ �4 Nt m� Im 0 3 Airbus vt &,-,Imagd'y Date' 7/16/2023 4i°02'03.01" N 72-30'54.10"W elev 54 ft A E R I A L A P I Town Develo m geat ` p Rights . • Long - 4 • • • Count Island y + Development Sound : k . y Rights • - �� Coun t Development�� K , ist hwts r - c nt�y s Develop MT en�t Rights County Development Rights . , �1 4 I r - ."./s�(�� 4�. �Rt �'fd~'al• � � ,A'�.'w,:.Y� 4..� 4 � ' I� ej ent m �w Devel o. his� Subdivision Park tr N UP 'S 42" SRO MN y 'x; i , t7 k .N r a �r IO .4' t ,..b.: .♦ � `il+ �.-:�. '� 1. /, � 7 ♦ wf� O� . ,O L � �/ ♦♦♦4t# • . ♦♦' . k r O O •b 00,i� Town �o Stow Development Rights Town . . s Development Development Rights Rights S U R V E Y Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION DRAWN BY JIM XCKm BY JIA WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE CAD rnr aA1e JAN. 2023 SHOWN ARE FROM FIELD OBSERVATIONS EDUCATION LAW. AND OR DATA OBTAINED FROM OTHERS. COPIES OF THIS SURVEY MAP NOT BEARING DRAWING NO.: 23\OREGON THE LAND SURVEYOR'S INKED SEAL OR THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY. ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE. 1 a �cP c LAND NOW OR FORMFRIY OF oo _ s�so FSC PRORIFRIY HOLDING II, INC. --- 5 r� 588034'00"€ 569.331 J O _O II 01 earth road JF A � P �7� !0"' P G Uri3O a 9�,ZOO O srea !i�fly o- d� o� cr°O ° ti a 4„` 1 SE 00 40111 r / O .9 c `t'a 9 DEVELOPMENT RIGHTS J°a EASEMENT AREA ft 4"? fOf SO.ET. 25.78 ACRES th `A \ RESERVE AREA ��\ Ap Q I 0 f28,794 S0.FT. �\ 5�9� Do 5 �\t ''so SUN 2.96 ACRES o.� o� vA '.� �k �re 0 �¢°` 011 A�o 411 �e �� o vg o- y �.d Q2 Certified to: Town of Southold �Q E&C Property Holding II, Inc. 9d Stewart Title Insurance Company ' Chicago Title Insurance Services oF NE�� WJF Farms LLCfi Farm Credit East, ACA -7 J< �O Survey of Property 2 4g866 �� situate at AND s�� Cutchogue i LAND SURVEYING Town of Southold V Mintoville@aol.com Suffolk County, New York SUBDIVISIONS Tax Map #1000-83-02- 17.001 TITLE & MORTGAGE SURVEYS 'j TOPOGRAPHIC SURVEYS TOTAL PROPERN AREA Scale 1 "— 100' Jan. 3 0, 2023 SITE PLANSSCALE John Minto, L.S. Jacqueline Marie Minto. L.S. I� /�► /� ///���///��� GRAPHIC SCALE LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LAND SURVEYOR �' /��, x�� \//I. • NEW YORK STATE LIC. NO. 49866 NEW YORK STATE LIC. NO. 51085 (� (� ✓W 100 0 50 100 200 400 Phone: (631) 724-4832 C / ACR�e Z . � P.O. Box 1408 Smithtown, N.Y. 11787 O `i' !'CCJ ( IN FEET ) 1 inch = 100 ft.