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HomeMy WebLinkAboutD&S Hayfields, LLC i ® 1000-108.-3-1 Baseline Documentation Premises: 3460 Elij ahs Lane Mattituck, New York 14.82 Acres Development Rights. Easement - i D & S HAYFIELD.S, LLC to TOWN OF SOUTHOLD Deed dated December 20, 2024 Recorded December -24, 2024 Suffolk County Clerk — Liber 13277, Page 483 r I SCTM #: 1000-108.-3-1 Premises: 3460 Elijahs Lane Hamlet: Mattituck Purchase Price: $191269660.86 14.82 buildable acres @ $76,023/acre) Funding: Community Preservation Funds 2% Tax r Total Parcel Acreage: 17.03 Acres Development Rights: 14.82 Acres Zoned: �AC Existing Improvements: In November 2024 - (as of final survey) Deer fence along the east boundary of the easement A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, May 30, 2023 at 7:00 p.m. Members Present: Sam McCullough Anne Murray Doris McGreevy Kimberly Krupski Members Absent: Eric Keil John Simicich Will Lee Also Present: Lillian McCullough, Land Preservation Executive Assistant Sarah Nappa, Town Board Liaison Cathy Kreshon, Land Preservation Secretary Present as Attendee: Holly Sanford, Peconic Land Trust(Zoom) Commencement • The meeting began at 7:14 p.m. with 4 LPC members present. EXCERPT FROM ADOPTED 5/30/2023 MEETING MINUTES MOTION made by Kim Krupski, seconded by Sam McCullough, to recommend to the Town Board that the Town commission an appraisal, for Application Number 2023-2, for the purposes of providing the market value of a development rights easement on all but 2.17±acres of the property, in accordance with a design as discussed by the Land Preservation Committee while in Executive Session, whereby the 2.17±acres will be prohibited from being further subdivided from the land subject to the easement and will remain linked to the larger parcel. Motion carried: 4/0 (Motion No. 2023-2) LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, June 11, 2024 at 7:00 p.m Members Present: Sam McCullough Anne Murray Doris McGreevy John Simicich Eric Keil Members Absent: Will Lee Kim Krupski Also Present: Anne Smith, Town Board Liaison Brian Mealy, Town Board Member Lillian McCullough, Land Preservation Executive Assistant Cathy Kreshon, Land Preservation Committee Secretary Present as Attendee: Richard Reinhardt Holly Sanford, Peconic Land Trust Commencement • All "Attendees" will be dismissed from this meeting upon the Committee's Motion to enter into Executive Session. • The meeting began at 7:01 p.m. with 5 LPC members present. EXCERPT FROM ADOPTED 6/11/2024 MEETING MINUTES MOTION made by Eric Keil, seconded by Anne Murray to recommend to the Town Board that the Town commission an appraisal letter update for Application Number 2023-2, for the purposes of providing the market value of a development rights easement on all but 2.17±acres of the property, in accordance with a design as discussed by the Land Preservation Committee while in Executive Session, whereby the 2.17±acres will be prohibited from being further subdivided from the land subject to the easement and will remain linked to the larger parcel. APPRAISAL REPORT of 3460 Elijahs Lane Mattituck, New York 11952 a/k/a District 1000 Section 108 Block 3 p/o Lot 1 DATE OF VALUATION July 16,2024 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. 85 Windham Road Rockville Centre,New York 11570 q INTRODUCTION • PROPERTYSUBJECT PHOTOGRAPHS .yam.���-..�♦..�'" I: J. `. Facing f 3 t• northon • to the east EL Facing south on Elijahs Lane, subject to the west BRUNSWICK �i t. i APPRAISALCORP. INTRODUCTION 17 SUBJECT PROPERTY PHOTOGRAPHS 1 , Facing southeast at the subject property low Facing northeast on the subject property BRUNSWICK APPRAISAL CORP. INTRODUCTION 18 SUBJECT PROPERTY PHOTOGRAPHS Facing south on the subject property r� r9 View of the 2.17 ac. retaining area inclusive of the barn and seasonal farm labor house BRUNSWICK APPRAISAL CORP. E N � V I R O N M E N . T A L S . U M M A R Y PHASE I ENVIRONMENTAL SITE ASSESSMENT for the property located at: 3460 Elijahs Lane Mattituck, New York SCTM #1000- 108-3- 1 Owner: D&S Hayfields LLC prepared for: Town of Southold Department of Land Preservation Town Hall Annex 54375 State Route 25 PO Box 1179 Southold, NY 119 71 prepared by: CashL#pp tes, P.C. Engineering •Flation Management 1200 Veterans Memorial Highwaye, ew York 11788 - (631) 348-7600 NOVEMBER 14, 2024 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 3460 ELIJAHS LANE MATTITUCK,NEW YORK SCTM#1000-108-3-1 OWNER: D&S HAYFIELDS LLC EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) prepared for the Town of Southold by Cashin Associates, P.C. (CA) for the subject property located at 3460 Elijahs Lane,Mattituck,NY. The property that is the subject of this assessment is a 15.08+/- acre portion of a 17.25+/- acre parcel identified with the above referenced tax parcel number. The property consists entirely of active farmland. No structures are present on the property. The property lies on the west side of Elijahs Lane, and south of the Long Island Rail Road line, in the unincorporated area of Mattituck. The entire property is being used as a cultivated field for sod. The field inspection was conducted on November 12, 2024 by an Environmental Professional from CA. The ESA was prepared in accordance with CA proposal dated October 28, 2024 and subsequent approval from the town dated November 1, 2024, in accordance with the American Society for Testing and Materials (ASTM) E 1527-21, Standard Practices for Environmental Site Assessments: Phase I Environmental Site Assessment Process. The site inspection did not identify conditions associated with the generation, storage or disposal of hazardous materials. Based on the review of the available historical data for the past 62 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. The property was not developed with any buildings or other structures throughout the time period. r ES-1 Cashin Associates,P.C. 9 Engineering • Planning • Construction Management The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concerns regarding potential contaminant migration and impacts to subject property conditions. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. One Business Environmental Risk issue was found to be associated with the subject site. Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled Recognized Environmental Conditions (RECs) None identified. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers ES-2 Cashin Associates,P.C. • Engineering • Planning • Construction Management were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Soil testing would be needed to assess the extent of any residual contamination on the subject property. Soil testing would be recommended if the property were to be used for residential or other uses involving human contact with soils. I I I ES-3 Cashin Associates,P.C-. 9 Engineering • Planning • Construction Management �. P U B L I C H E A R I N G i I RESOLUTION 2024-876 ADOPTED DOC ID: 20690 I THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-876 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 8,2024: 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, October 22, 2024, 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 D & S Hayfields, LLC. Said property is identified as part of SCTM #1000-108.-3-1. The address is 3460 Elijahs Ln, Mattituck, New York. The property is situated on the east side of Elijahs Lane, south of the railroad tracks. The property is located within the Agricultural-Conservation (A-C) Zoning District and approximately 17.25J= acres. The proposed acquisition is for a development rights easement on part of the property, consisting of approximately 15.08f acres (subject-to survey) of the 17.25f acre parcel. The 2.17±-acre Reserve Area will remain linked to, and be 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 $76,023 (seventy-six thousand,twenty- three dollars)per buildable acre, estimated at$1,146,426.80 (one million, one hundred forty-six thousand, four hundred twenty-six dollars and eighty cents) for the 15.08t-acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. I The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold,New York, and may be examined by any interested person during business hours. I Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Anne H. Smith, Councilwoman SECONDER:Brian O. Mealy, Councilman AYES: Doroski,Mealy, Smith,Krupski Jr,Doherty, Evans I I i I i 12c5aad6 jennifer.mudd@tomm.southoldny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of NewYork, County of,Suffolk County, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County, New York.I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this newspaper on the following dates: 10/17/2024 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county, and as such,is eligible to publish such notices. Signature Christina Henke Rea Printed Name Subscribed and sworn to before me, This 22 day of October 2024 Digitally signed ENotarry ASWREA by douglas w rea tate of New York Date: 2024.10.22 E6398443 14:08:00+00:00 Albany County pires Sep 30,2027 i LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17(Community l Preservation Fund)and Chapter 70 (Agricultural Lands)of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday. October22.2024.at 7:00 a.m.. Southold Town Hall.53095 Main Road.Southold.New York as the time and olece for a public hearing for the purchase of a development rights easement on property owned by 0&S Hayfields,LLC.Said property is identified as part of SCTM#1000- 108.-3-1.The address is 3460 Elijahs Ln,Mattituck,New York. j The property is situated on the east side of Elijahs Lane,south of the railroad tracks.The property is located within the Agricultural- Conservation(A-C)Zoning District and approximately 17.25t acres. The proposed acquisition is for a development rights easement on part of the property,consisting of approximately 15.08t acres (subject to survey)of the 17.25t acre parcel.The 2.17t-acre Reserve Area will remain linked to, and be prohibited from being subdivided from,the area subject i to the easement. I The exact area of the acquisition Is I 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$76,023(seventy-six thousand,twenty-three dollars)per buildable acre,estimated at $1,146,426.80(one million,one hundred forty-six thousand,four hundred twenty-six dollars and eighty cents)for the 15.08t-acre easement.Purchase price will be adjusted at time of closing based on final surrey 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. I I NOTICE IS HEREBY FURTHER 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:SEPTEMBER 24,2024 BY ORDER OF THE TOWN BOARD DENIS NONCARROW,SOUTHOLD TOWN CLERK OCTOBER 22, 2024 REGULAR MEETING 3 i 1 PUBLIC HEARING 2 D & S HAYFIELDS , LLC 3 COUNCILMAN GREG DOROSKI : So the i 4 purpose of tonight ' s first public 5 hearing, and I 'm gonna read a summary 6 here, is to consider the purchase of a 7 development rights easement on property i 8 owned by D & S Hayfields, LLC . Said 9 property is identified by Suffolk County 10 Tax Map Numbers listed, located at 3460 11 Elijah ' s Lane, Mattituck. The purchase 12 price is $76, 023 per buildable acre, I 13 estimated at $1, 146, 426 . 80 for the 15 . 08 14 plus/minus acre easement, on the 17 . 25 i 15 plus/minus acre parcel . The 2 . 17 16 plus/minus acre reserve area will remain 17 linked to, and be prohibited from being 18 subdivided from the area subject to the 19 easement . The full text of the proposed 20 local law is available for review in the 21 Town Clerk ' s Office and on the Town ' s 22 website . In the folder here, I have a 23 copy of an LW -- no . This is a copy of 24 the Planning Board letter . Comments 25 from the Planning Board, supporting OCTOBER 22, 2024 REGULAR MEETING 4 1 acquisition of this, and saying that 2 it ' s a Type II action not subject to 3 SEQRA review. Copy of a letter from our 4 LWRP Coordinator, verifying that this is 5 consistent with the LWRP . I have a copy 6 of an Affidavit of Publication of the 7 legal notice in the Suffolk Times, with I 8 a copy of the Legal Notice that was 9 published. The invoice to pay for that 10 legal notice . I have a copy of an 11 Affidavit that the legal notice was 12 posted on the back bulletin board, 13 signed by our Town Clerk, Denis 14 Noncarrow. A copy of the legal notice 15 setting tonight ' s public hearing . And I 16 have a copy of the resolution adopted by 17 this Town Board to set this public 18 hearing . That ' s what I got . 19 SUPERVISOR AL KRUPSKI JR. : Thank 20 you . Mr . DeChance, are all the 21 notifications in order? 22 TOWN ATTORNEY P . DECHANCE : 23 Everything is in order . 24 SUPERVISOR AL KRUPSKI JR. : Thank 25 you . I ' d like to ask Land Preservation OCTOBER 22, 2024 REGULAR MEETING 5 1 Coordinator, Lily McCullough, to address 2 the Board and the public . 3 MS . MCCULLOUGH: Good evening . I i 4 am Lily McCullough. I am the Southold 5 Town Land Preservation Coordinator . I 'm I 6 here to talk about the D & S Hayfields, 7 LLC PDR project . This is the property 8 on the map that ' s outlined in red, and 9 it ' s located on the east side of 10 Elijah ' s Lane in Mattituck . It ' s 11 roughly 17 . 25 acres . It is currently 12 planted in sod. It ' s part of an 13 adjacent sod operation . Just over the 14 LIRR tracks, on the same side of 15 Elijah ' s Lane . And it ' s located in the 16 Agricultural Conservation Zone . We will 17 be using community preservation funds to 18 acquire a 15 . 08 acre development rights 19 easement which restricts use of the land 20 to agricultural production . The dashed 21 white line on the map outlines a 2 . 17 22 acre development rights intact reserve I 23 area in the north-western portion of the 24 property, excuse me . That will remain 25 linked to the easement area . The OCTOBER 22, 2024 REGULAR MEETING 6 1 purchase price is $76, 023 per buildable 2 acre, which brings the estimated 3 purchase price to $1, 146, 426 . 84 . The 4 final purchase price is subject to a i 5 final survey of the easement and reserve 6 area . So that $76, 023 might change the 7 price a little bit . Depending on what 8 the final surveyed acreage is . This is 9 a priority preservation project . It ' s 10 part of an active farm operation . It 11 contains over 90o prime soils, and it ' s 12 adjacent to a tremendous amount of 13 preserved farmland. It ' s going to -- so 14 it ' ll be a significant piece in a large 15 block of preservation between Elijah ' s 16 Lane and Alvah' s Lane . It adds to an 17 existing about 290 acres of preserved 18 farmland between Elijah ' s and Alvah ' s 19 Lane, and it abuts 16 acres of preserved 20 land that ' s part of the same operation . 21 I ' ll also note that the Agricultural 22 Advisory Committee reviewed the ,project 23 and the proposed design, and they 24 concluded that this was a farm suitable 25 for preservation and farming in the long OCTOBER 22, 2024 REGULAR MEETING 7 1 run. I would like to thank the 2 landowners for participating in the 3 program. They' ve preserved land with i 4 the Town in the past . It ' s a voluntary 5 program. We can ' t do this work without 6 them. So it ' s a significant 7 contribution to the Town . I would 8 especially like to thank them for their 9 patience with this process . This was 10 one of my first applications that I 11 received after stepping into the role, 12 and I appreciate their patience, as I 13 got my sea legs under me . And as we 14 together navigated some significant 15 hurdles . So many thanks to the 16 landowners . I 'm pleased to present the 17 project today . It ' s an important piece 18 in preserving Mattituck ' s agricultural 19 lands . And the Land Preservation 20 Committee and I request that the Board 21 proceed with this acquisition . 22 SUPERVISOR AL KRUPSKI JR. : Thank 23 you, Lily. And well done . This is an 24 important piece . 25 Anyone like to comment on the OCTOBER 22, 2024 REGULAR MEETING 8 1 proposal? 2 UNKNOWN SPEAKER: I just think it ' s 3 really cool . 4 SUPERVISOR AL KRUPSKI JR. : Thank 5 you . Thank you . All right . If there ' s 6 no other comment, I 'm looking on Zoom. 7 I don ' t see any hands up . I ' ll look for 8 a motion to close the hearing . 9 JUSTICE LOUISA EVANS : Motion to 10 close . 11 COUNCILMAN GREG DOROSKI : I ' ll 12 second that . I 13 SUPERVISOR AL KRUPSKI JR. : All in 14 favor? 15 COUNCILWOMAN DILL DOHERTY : Aye . 16 COUNCILMAN GREG DOROSKI : Aye . 17 COUNCILMAN BRIAN MEALY : Aye . 18 COUNCILWOMAN ANNE SMITH: Aye . 19 JUSTICE LOUISA EVANS : Aye . 20 SUPERVISOR AL KRUPSKI JR. : Aye . 21 **** *** *** *** ****** *** *** ****** *** ****** 22 AMENDMENTS TO 2024 CDBG 23 COUNCILMAN GREG DOROSKI : The 24 purpose of tonight ' s second public 25 hearing is to consider a Local Law to S E Q R A P U R C H A S E R E S O L U T I O N FFd`k ` RESOLUTION 2024-933 1 QW,`' ADOPTED DOC ID: 20740 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-933 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2024: 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 D & S Hayfields, LLC on the 22nd day of October 2024, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM#1000-108.-3-1. The address is 3460 Elijahs Lane, Mattituck,New York. The property is situated on the east side of Elijahs Lane, south of the railroad tracks. The property is located within the Agricultural-Conservation(A-C) Zoning District; and WHEREAS, the proposed acquisition is for a development rights easement on part of the property, consisting of approximately 15.08f acres (subject to survey) of the 17.25± acre parcel. The 2.17±-acre Reserve Area will remain linked to, and be 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 $76,023 (seventy-six thousand, twenty-three dollars) per buildable acre, estimated at $1,146,426.84 (one million, one hundred forty-six thousand, four hundred twenty-six dollars and eighty-four cents) for the 15.08±-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 conforms 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 ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and i I Resolution 2024-933 Board Meeting of October 22,2024 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRARRules and Regulations, 6NYCRR 617.1 et. Seq.; and, i WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and i Regulations; and, i i WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore,be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and,be it further I RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by D & S Hayfields, LLC, identified as part of SCTM#1000-108.-3-1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. I Denis Noncarrow Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Greg Doroski, Councilman SECONDER:Brian O. Mealy, Councilman AYES: Doroski, Mealy, Smith,Krupski Jr,Doherty, Evans i I Updated: 10/21/2024 10:49 AM b Lillian McCullough Page 2 I P Y g g I I I I - OFFICE LOCATION: Q 4'�►;'•; mAILING ADDRESS: Town Hall Annex ='�° P.O.Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd.&Youngs Ave.) Telephone:631765-1938 Southold,NY 11971 LOCAL WATERFRONT REVITALIZATION PROGRAM , TOWN OF SOUTHOLD i I i ! RECEIVED To: Town of Southold Town Board 0 CT 2 2 2024 From: Mark Terry,AICP Southold Town Clerk Assistant Town Planning Director j LWRP Coordinator I Date: October 22,2024 Re,:. LWRP Coastal Consistency Review for Town of Southold Development Rights on Land Owned by D&S Hayfield,L.L.C. SCTM 1000-108.-3-1 i The proposed acquisition is for a development rights easement on part of the property,consisting of approximately 15.081 acres(subject to survey)of the 17.25f acre parcel. 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. I Please contact me at(631)765-1938 if you have any questions regarding the above recommendation, Cc: Paul DeChance,Town Attorney Lillian McCullough,Land Preservation Executive Assistant I f ' i i i I , I I ! i I Short Environmental Assessment Form Part l Project Information `Instritcftans fair Coir�slettti I I Part I—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 I Name of Action or Project: D&S Hayfields,LLC,Town of Southold Purchase of Development Rights Easement Project Location(describe,and attach a location map): ,107 Elijahs.Lane,Mattituck,NY 11952 SCTM#1000-108:3-1(tax map attached) Brief Description of Proposed Action: Town purchase of development rights easement on 15.08+/ acres of 17.25+/-property.. f Name of Applicant or S onsor: PI? P ,,Telephoner (631)765-5711 Southold Town Board E-Mail (iilian'tii@so`utholdtownnygoq _ ........ Address: 53475 Route 25,P.O.Box 1179 City/PO States- Zip Code: Southold NY,_.... 11971 A. Does the proposed action only involve ihelegislative adoption'ofii plan;local,law,ordinance; r NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to.Part 2. If no,continue to question 2. a' y... ._p ..r __e 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? z 15.08+/ acres b.Total acreage to be.physically disturbed? Oacres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 17.25+/--acres 4. Check all land uses that occur on,are adjoining or near the proposed action: i ❑Urban m Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) Forest m Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Pagel of 3 SEAF 2019 I i 5. Is the proposed action, NO -;YES N/A a. A permitted use under the zoning regulations? - ooF b. Consistent with the adopted comprehensive plan? ❑.: ❑ NO YES. 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? _a o 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES 'If Yes,identi6i_ ✓' NO YES: 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? ✓❑ 0 c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed action? l 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-,, a o 10.,`Will the proposed action connect to an existing ublic/ rivate water supply?P P g P P PP Y? _., .NO YES' ; If No,describe method for providing potable water: El .. i 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:-. 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 0,40 ,` 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? El If Yes,identify the wetland.or waterbody and extent of alterations in square feet or acres:` 4 • � E 'r t .. _ .._..-.._ .-. -M'3 r P - Page 2 of 3 i I 14. Identify the typicarhabitat types that occur on,.or are likely to be found on the project site.Check all that apply: ❑Shoreline ❑:Forest ®Agricultural/grasslands ❑Early mid-successional Wetland ❑ Urban ❑ Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,.listed by the State or N0" ;YES : Federal government as threatened or endangered? z 16. Is'the project site located-in`the 100-year flood plan? NO YES, F4 a 17. Will the proposed action create storm water discharge,either from point or non-point sources? NO YES: If Yes, D 0, a. Will storm water discharges flow to adjacent properties? ❑ ' Q b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ED• If Yes,briefly describe: u,a t }#e+y@ - ..... e 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: Eh I 19: Has the site of the proposed action or an adjoinmg,property been the location of an active or closed solid waste ...NO YES management facility? If Yes,describe: 7777 j 20.Has the site of the proposed action or an adjoining property been the subject1of remediation(ongoing or' NO YES completed)for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIIDED ABOVE IS TRUE AND ACCURATE`TOTHE BEST OF MY KNOWLEDGE pP P A licantls onsor/name: ,: ���.�u�� M �t:•�� ,,Date: 0 t hlt,''12��Jy Signature:".. - c Tuft. • Tt�yyYti ��.c�ric� I I i i PRINT FORM Page 3 of 3 C L O S I N G S � T A T E M E N T i I I I I I CLOSING STATEMENT D & S HAYFIELDS, LLC to TOWN OF SOUTHOLD SCTM #1000-108.-3-1 I Total Development Rights Easement- 14.82 acres I Total Parcel Acreage — 17.03 acres Premises: 3460 Elijahs Lane, Mattituck, New York I Contract Executed: October 24, 2024 i Closing Date: December 20, 2024 Southold Town Hall Annex Purchase Price of $1,126,660.86 (based upon 14.82 buildable acres @ $76,023 per buildable acre) disbursed as follows: Payable to D & S Hayfields, LLC $ 1,126,660.86 (12/17/2024) i I Expenses of Closing: I i Appraisal Payable to Brunswick Appraisal Corp. $ 3,750.00 (8/27/2024) — letter update $ 2,000.00 Survey Payable to John Minto, LS $ 6,650.00 I (12/17/2024) I Environmental Report (Phase I ESA) Payable to Cashin Associates, P.C. $ 1,200.00 (12/3/2024) i i I I i i I Title Report #71300352 Payable to Fidelity Title Insurance $ 5,823.00 (12/17/2024) i Title Insurance Policy $ 4,723.00 Recording Service Fee $ 50.00 Recording Charges w/TP-584 $ 575.00 C&R's $ 475.00 Title Closer Attendance Fee Payable to Robert DeFrese $ 250.00 (12/17/2024) i Those,present at Closing: Albert J. Krupski, Jr. Southold Town Supervisor Mary C. Wilson, Esq. (via phone, if needed) Attorney for Town of Southold Abigail A. Wickham, Esq. Attorney for Seller David L. Steele Seller Sherry Steele Seller Robert DeFrese Title Company Closer Lilly McCullough Land Preservation Executive Assistant Cathy Kreshon Senior Office Assistant i i i I I . BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS - —• ------ ---- - - •----- -------•-- 85 Windham Road "------------ ----• ----- --- - - •--• •---_ .- ROCKVILLE CENTRE,NEW YORK 11570 (516)608-8877/(631)421-2344 FAX(631)424-9246 e-mail: brunswickappraisal@gma)I.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 I I I . I October 27,2023 Town of Southold. Department of Land Preservation Southold Town Hall Annex 54375 State Route 25,P.O. Box 1179 Southold,New York 11971-0959 Attention:Lillian McCullough, Land Preservation Executive Assistant I , Re:Appraisal Request D&S Hayfields LLC property SCTM#1000-108:3-1 Location:3460 Elijahs Ln, Mattituck Vendor No.:5409 I I , INVOICE-1000-41 I I ' I • Appraisal Report $3,750 I I i I ' I I Thank You II I - I • BRUNSWICK APPRAISAL-CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 85 Windham Road - R&WILLE CENTRE,NEW YORK 11570 j .(516)608.8877./(631)421-2344 FAX(631)424-9246 . . e-mail:brunswickappraisal@gmall.coin. Elinor Bninswick;MAI ' Armand Brunswick,MAI. 'State Certified General'Appralser' 18811960' Sanford S:'grunswick .'1922-2013 . .' August•6,'2024•' Town of Southold': -'Deparfinent'of Land Preservation' -Southold Town-Hall Annex 54i75'State-Route 2$;i?.O..gox.'1179' Southold,'New•York 11971-0959•. Q 'OOT Attention:.Lillian McCullough,Land Preservation,Executive Assistaht pReSERVAnhoid ��Town of sou . '.Re:Appraisal Request . D&.S.Hayfields LLC property SCTM I#1000-108:3-1 Location:�3460 Elijah's,Ln;Nlattituck' j Vendor'No.:S409 INVOICE-10,00-43 ; Updated'Appraisal Report ; ; •. $2,000' .. Thank You % John Glint® LS Invoice P.O.Box 1408 Invoice No: 8893 Smithtown,MY 11787 Date: 11/06/2024 Phone:6317244832 Fax:631724 5455 Mintoville@aol.com Bill To: Town Of Southold lillianm@southoldtownny.gov P.O.Box 1179 Southold,New York 11971-0959 Code Description Amount D&S HAYFIELDS,LLC to TOWN OF SOUTHOLD Project located at 3460 Elijahs-Lane;Mat-tituc -fjYfi— .+-17.25 total acres Propos. 15.08acres SCTM M004084i-6-1' `&tfikikopelof seVjcd�requested professii Please r�f i�r ti ;nil surveying services;from thepbo?,tm e'n'tof Land Preservation Town of Southold dated Ocf;6&-'23,202'4,regarding acq uiringgdbvelopment-hghts&semebt an property owned by D&S HAYFIELDSLLC TM invoice includes all of the items outilifp-d in said request. BD1VVG Upl:n completion of the preliminary'lt Is our understanding the survey.will be.reviewed to make sure the maps are satisfactory $6,650.00 -b -iQd�t this point.Once the plans are to the Land Preservation Compittee.Any changes to the prellminarVtpjan�'will. e' deemed satisfactory six origina l survey prints will be provided along-VAth a reduEe,d.DigitiCSopy in PDF format. -Subtotal;- TAX0% ' , PAID 00r Balan&,'Me $6,650.0,0• i � I / *Tr Calshiinates, P.C. ENGINEERING PLANUCTION MANAGEMENT I I Lillian McCullough Town of Southold 54375 State Route 25 j November 13,2024 PO Box 1179 'Southold,NY 11971 Project No: 24000,033 � Invoice No: 1024040 i Phase I Environmental Site Assessment for property located at 3460 Elijahs Lane,Mattituck,NY SCTM#1000-108:3-1 Professional Services from November 1,2024 to November 13,_2024 Fee 1,200.00 Total this Invoice $1,200.00 I i i i i i I I i I I i I I f I - i 1200 Vsterens Memorial Highway-Hauppauge,NY 1 1 788-631-348-7600-FAX 631-348-7601 www.casHnessociews.com i i I I I 7404-019189 f Fidelity.National Title Insurance Services, LLC 24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE PHONE:(631)727-0600 1 FAX(631)727-0606 [x]FINAL STATEMENT []ESTIMATED STATEMENT Title No: 7404-019189 Closin Date: 12/20/24 Closer: Robert DeFrese tle Closer 631 835-3709 Applicant- Town of Southold Lender. Buyer. Town of Southold Lender Attorney: Seller: D&S Ha fields,LLC Seller Attorney: Wickham,Bressler&Geese,PC. Premises: 3460 Elijahs Lane County: Suffolk Mattituck,NY 11952 Fee Amount: $1,126,660.80 Mortgage Amount: $0.00 OMPANY CHARGES Amount: Buyer: Seller: Lender; Fee Premium$1,126,660.80 $4.723.00 Escrow Service Charge-Seller $50.00 Recording Service Fee-Buyer $50,00' Total Company Charges:. $ $ RECORDING CHARGES.." Amount:'' Bu"ee: Sallee: -'Lender: Developmental Rights Easement(23 $575.00 pages)wITP-584 C&R 6 pages) $475.00 Total Recording Charges: $1,050.00 ESCROW'&EXCHANGES ESC Amount: Bu ee: Seller: ,Lender: Title Closer $250.00 4-25 1st half Town-School Taxes est $7.886.00 Total Escrow&Exchange Charges: $250.00 $7,886.00 TOTAL CHARGES: $6,075:00 $7,936:00 CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC From: Check No.: :Amount-% Total Checks $ LIST-ALL OTHER CHECKS-' ` From: Check No.: mount: Total Other Checks OTAL'.COL:LECTED: $•, NY TNIe 801 Page 1 e12 (7404-019199W)Dewmber M.2024 0407 PM R E C O R D E D E A S E M E N T o � M-o I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII {� JAN 9 4 202i is 11111111111111111111 IN ,tpp1D pRE,'EA Sou��d EPT Town of= SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/24/2024 Number of Pages: 24 At: 11:38:00 AM Receipt Number : 24-0159928 TRANSFER TAX NUMBER: 24-16500 LIBER: D0001327.7 PAGE: 483 District: Section: Block: Lot: 1000 108.00 03.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $1,126,660.86 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $120.00 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 $30.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Comm.Pres Fund $0.00 NO Comm.Housing Fund $0.00 NO Fees Paid $395.00 TRANSFER TAX NUMBER: 24-16500 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County �4 a Number of pages RECORDED 0224 C:ec 24 1.t.;8;00 qP1 This document will be public ViNi:E;dT rItLE;;_L,`h,i. Or record. Please remove all SUFFOLK' r•�IXIT y, Social Security Numbers L r>000132 7 prior to recording. DTµ 2 _i«00 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing St a mps 3 _ FEES Page /Filing Fee U 'Mortgage Amt: 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 _ - Sub Total 1 (.r Spe c./Assit. Notation hl r or EA-5217(County) Sub Total. JJ Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appoi ntme t Comm.of Ed. 5. 00 � Transfer Tax off. Mansion Tax Affidavit �Certifed Copy U V The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 a� family dwelling only. Sub Total YES or NO Other �q Q U Grand Totai J If NO,see appropriate tax clause on page #.-of this-i strum* t, 4 1 Dist. ),0 S 5450697 1000 10800 0300 00100a 5 ,Community Preservation Fund Real Property RPM A Consideration Amount $4AA.601'Tax Service za:oecu' I'I'I!IIII 'I�'I 'llll Agency ,I CPF Tax Due $ Verificatio n Improved 6 Satisfacti6ns/:ischarges/Re.eases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD PO. won 7 TD 1197/ TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk �''`� Title# rJ pcP-. 19191 8 , Suffolk County Recor .ing & Endorsement Page This page forms part of the attached A-,4rr of)�o_u- 1gAn^R.-T 2?kTs E/ase.ne,vT made by: (SPECIFYTYPE OF INSTRUMENT) \ .1 - It n . . 1 / n _. . . - r .r r j GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of 61 ul/ W , 2024 at Southold, New York. The parties are D&S HAYFIELDS, LLC with an address of C/O Dave and Sherry Steele, 107 Elijahs Lane, Mattituck, New York 11952 (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 #1000-108-3-1, 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 the Agricultural-Conservation (A-C) Zoning District and is approximately 14.82f acres; 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 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 1 i 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 ONE MILLION, ONE HUNDRED AND TWENTY-SIX THOUSAND, SIX HUNDRED AND SIXTY AND 86/100 DOLLARS ($1,126,660.86) 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 0.61 ,G'ra ntor's. W arra nty 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 Fidelity National Title Insurance Services Title Report #7404-019189, and possesses the right to grant this easement. 2 fJ 1 1 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 0'3 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. Baseln'e_Documentationi 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 November 5, 2024, and a Phase 1 Environmental Site Assessment dated November 14, 2024 by Cashin Associates, P.C. 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. i 4 "Lawn" shall mean an area of land on which grasses or other durable plants are grown and maintained at a short height and principally used for aesthetic or other non-agricultural purposes. Land that is in agricultural production, including sod farming, or land in a fallow or otherwise idled manner, is not "Lawn." "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, temporary animal shelters or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. 5 /t ARTICLE TWO SALE GRANTOR, for ONE MILLION, ONE HUNDRED AND TWENTY-SIX THOUSAND, SIX HUNDRED SIXTY DOLLARS AND 86/100 ($1,126,660.86) 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;. Minin4 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. Sod farming and horticultural harvesting shall not be considered as removal of top soil. 6 i 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. .y 8 r� 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. 3.1.0 tot-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 t, 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. Hunting to remove predators which harm agriculture production shall not be deemed a recreational use or a use for commercial purposes. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when deemed to be invasive, dead, diseased, decayed or damaged or interfering with agricultural production or other permitted uses of the Property, including activities permitted in Section 4.06, to thin and prune trees to maintain or improve the appearance of the Property or to benefit permitted structures and improvements, and to mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4-..05' .Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and defined in Chapter 70 of the Town Code, now, or as they 10 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 fa rmsta nds. 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 throughout the Property and used to supply utilities solely for the use and enjoyment of the Property, or on adjoining lands subject to a development rights easement or other conservation instrument; (ii) New construction, including drainage improvement structures, provided such structures are related to or accessory to agricultural production; (iii) Renovation, maintenance, alteration, expansion and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the purpose of the structure remains agricultural; r 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 interest thereby conveyed is subject to this Easement, without modification 12 or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further.Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS _5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5._02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, provided same arises when Grantee or its agents is lawfully on the Property, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or 13 IJ 1 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 EntN-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. 14 603. Enforcement Rights',:of:Grantee` Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' notice thereof by Grantee or such longer period as is reasonable during which time Grantor is curing or attempting to cure such breach, default or violation, taking into account extreme weather conditions or catastrophic events (which such time period for notice is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, taking into account extreme weather conditions or other emergency conditions or other emergency or catastrophic events: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (III) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee reasonably deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings r 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: awickham@wbglawyers.com and spudniks5@aol.com for the Grantor and to the Town Attorney and the Land Preservation Coordinator and/or Department for the Grantee, or such other address provided to the other party by notice set forth above. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.0.6 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such 16 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 7.0.1 En-tire U.fte'rstandind. This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current owner of the Property and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the 17 r_v, 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 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 designed to limit the breadth of the restrictions on use of the Property shall 18 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. i 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 allow 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 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. ACKNOWLEDGED AND ACCEPTED: D&S HAY LDS;, C, Grantor By: - David L. Steele, Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: —e � Albert J. Krupski, Jr., Supervisor 21 •F STATE OF NEW YORK) COUNTYOFSUFFOLK), SS.• On the Z© day of - L_in the year 2o24 before me, the undersigned; personally,apvearedQciUic / personallyknown to me orproved to me on the basis ofsatisOow evidence,to be the/ndiv/dual(s) whose name(s)is(are)subscribed to the within:instrument and acknowledged to me that hg6he ffi y.executed,the same in his/her%their capacity(ies), and that byhrs/her/th irsignature(s)on the lnsfrurnei t, the IndWial(s) or the person upon behalf of which the tndtldual(s)acted, executed the Instrument _ Signature%ice indi acknowled emerit RoberCOeFrese ., Na yt tarbii16 State of New Yolk Reg�stratlon Np;01DE54351T Qualitietl in Suffolk Gounty, .Commisston,Exgireis:October'24 2Q26' STATE OFNEW YORK ) COUNTYOFSUFFOLK ) SS.• On this a,o day of in the year 2024 before me, the-undersigned personallyappearedAlberti Krupski,Jr.,personally known to me or proved to me on the basis of satisfactory evidence to be the indiVdua/(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/fier/their capacity(ies) and that by-his/her/t heir signature(s) on the instrument; the indmidual(s), or the person upon behalf of which the indIvIdual(s) acted,,eXecutedV7e instrument Signatur%fhce ofindividual taking acknowledgement RobertDORm Notary Public State.of New York Registration No 01 DE5035117 Qualfiied in Suffolk Coumy . . commissidn'E.,p.iib gopber.24.,2biG 22 FIDELITY NATIONAL TITLE.INS.URANCE COMPANY _ TITLE NO. 7404-019189 SCHEDULE A-1 (Description of the Land) For Tax Map ID(s): 1000-108.00-03.00-p/o001.000 AMENDED 11/21/2024 ALL that certain plot, piece or parcel of land,situate, lying and being at Mattituck,Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of the land or right of way of the Long Island Railroad said point being distant 227.10 feet Northeast along said lands or right of way from the intersection of the easterly side of Elijah's Lane with the southerly side of the land or right of way of the Long Island Railroad; RUNNING THENCE South 25 degrees 11 minutes 20 seconds East 437.37 feet lands now or formerly of David L.Steele; THENCE,along said lands, South 25 degrees 11 minutes 20 seconds East 150.00 feet; THENCE South 64 degrees 48 minutes 40 seconds West 226.00 feet to the easterly side of Elijah's Lane; RUNNING THENCE, along the easterly side of Elijah's Lane, South 25 degrees 11 minutes 20 seconds East 721.63 feet to lands now or formerly of NFBG LLC; THENCE,along said lands. North 63 degrees 33 minutes 00 seconds East 606.01 feet to land now or formerly of NFBG LLC; RUNNING THENCE along said land the following two(2)courses and distances: (1)North 26 degrees 19 minutes 20 seconds West 935.19 feet;thence (2)North 26 degrees 25 minutes 30 seconds West 395.68 feet to land or right of way of the Long Island Railroad; RUNNING THENCE along the Long Island Railroad, South 59 degrees 09 minutes 26 seconds West 354.56 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A Commitment For Title Insurance Printed: 11.21.24 @ 03:05 PM Schedule A-1 Description NY-FT-FRVH-01030.431004SPS-1-24-7404-019189 i C O V E N A N T S R E S T R I C T I O N S i � Illllll I'll Illll IIIII IIIII IIIII,IIIiI IIIII IIIII I II IIII � daya�YG7 i4 ^`. �� �; J 5 2025 AN 1 . IIIIIIIIIIII IIIII IIIIIIII + Ax 1 4 2025 l W'D PRESERVA'ION DEPT �, e own of Southold { %.r: „ T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/24/2024 Number of Pages: 7 At: 11:38:00 AM Receipt Number 24-0159928 LIBER: D00013277 PAGE: 482 District: Section: Block: Lot: 1000 10q.00 03.00 001.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $8.75 NO RPT $200.00 NO Fees Paid $283.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL VINCENT PULEO County Clerk, Suffolk County Number of pages 2024 Dec '24 11 38:00 Ati ; EIRK OF This document will be public . SUFFOU r_.0=111TV record. Please remove all ' DO13 1-32 77 F' 482 Social Security Numbers prior to recording. } Deed/Mortgage Instrument - Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 -- - FEES Page/Filing Fee 'Mortgage MI. } - 1.Basic Tax Handling 20. -OQ . 2. Additional Tax TP-584 Sub Total Spec./Assit. Notation ; or EA-5217(County) Sub Total, Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. Held for Appoi ntment Comm.of Ed. 5. 00 Transfer Tax Affidavit _ ; Mansion Tax s"'�. T Certified Co The property covered by this mortgage is _ - • P - -` or will be improved by a one or two 15. 00 �, I family dwelling only. NYS Surcharge Sub Total _ l� YES or No. Other r (7 -' Grand Total r ( If NO,see appropriate tax clause on f+ ' page # oft sins ruine t. 4 1 Dist. IS 5450696 1000 10800 0300 001000 5 Community Preservation Fund � . Real Property P T S Consideration Amount $ Tax Service i Age ncy It,`IIIII I CPF Tax Due $ _-- Veriticatio n Improved 6 'Satisfacttons/ ischarges/ eleases ListProperty Owners`Mailing A Tess RECORD&RETURNTO: Vacant Land TD. 7 9 TD 7/ TD Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk s uffol;k County ecording & Enoorsement Page This page forms part of the attached .JL olzlc.Iaa -;0A) a C. ,,4I-r5 c ST,=, ezioNs made .bv - (SPECIFY TYPE OFhINSTRUMENT) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the �eday of 2024, by D&S HAYFIELDS,LLC,with an address of C/O Dave and Sherry Steele, 107 Elijahs Lane,Mattituck, New York 11952,hereinafter referred to as the"DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 3460 Elijahs Lane, Mattituck, in the Town of Southold, County of Suffolk, and State of New York designated as part of SCTM-410:00-108=3-1, 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 14.82 acres and a Reserved Area (or Development Area) of 2.21 acres, both described in the metes and bounds description attached as Exhibit`B"and"C",respectively; 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 Grantor; 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. t IN WITNESS WHEREOF, the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. D&S HAYFIELDS,LLC By: David L. Steele,Manager STATE OF NEW YORK ) )ss.. COUNTY OF SUFFOLK ) O{the day of 2024, before me, the undersigned, personally appeared .J L• S i�t I-e- ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned. Notary Public Robert DeFrese Notary Public State of New York Registration No.01 DE503511 T Qualified in Suffolk County Commission Expires October 24,2025 Exhibit A—Entire Parcel ALL that certain plot,piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of the land or right of way of the Long Island Railroad and the easterly side of Elijah's Lane; RUNNING THENCE South 25 degrees 11 minutes 20 seconds East 415.00 feet to lands now or formerly of David L. Steele; THENCE,along said lands,the following three(3) courses and distances: 1. North 64 degrees 48 minutes 40 seconds East 226.00 feet; 2. South 25 degrees 11 minutes 20 seconds East 150.00 feet; 3. South 64 degrees 48 minutes 40 seconds West 226.00 feet to the easterly side of Elijahs Lane THENCE,along the easterly side of Elijah's Lane, South 25 degrees 11 minutes 20 seconds East 721.63 feet to lands now or formerly of NFBG LLC; THENCE, along said lands.North 63 degrees 33 minutes 00 seconds East 606.01 feet to land now or formerly of NFBG LLC; RUNNING THENCE along said land the following two (2)courses and distances: (1)North 26 degrees 19 minutes 20 seconds West 935.19 feet;thence (2)North 26 degrees 25 minutes 30 seconds West 395.68 feet to land or right of way of the Long Island Railroad; RUNNING THENCE along the Long Island Railroad, South 59 degrees 09 minutes 26 seconds West 581.66 feet to easterly side of Elijah's Lane and the point or place of BEGINNING. Exhibit B—Easement Area ALL that certain plot,piece or parcel of land,situate,lying and being at Mattituck,Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of the land or right of way of the Long Island Railroad said point being distant 227.10 feet Northeast along said lands or right of way from the intersection of the easterly side of Elijah's Lane with the southerly side of the land or right of way of the Long Island Railroad; RUNNING THENCE South 25 degrees 11 minutes 20 seconds East 437.37 feet lands now or formerly of David L. Steele; THENCE,along said lands, South 25 degrees 11 minutes 20 seconds East 150.00 feet; THENCE South 64 degrees 48 minutes 40 seconds West 226.00 feet to the easterly side of Elijah's Lane; RUNNING THENCE, along the easterly side of Elijah's Lane, South 25 degrees 11 minutes 20 seconds East 721.63 feet to lands now or formerly of NFBG LLC; THENCE, along said lands.North 63 degrees 33 minutes 00 seconds East 606.01 feet to land now or formerly of NFBG LLC; RUNNING THENCE along said land the following two(2)courses and distances: (1)North 26 degrees 19 minutes 20 seconds West 935.19 feet;thence (2)North 26 degrees 25 minutes 30 seconds West 395.68 feet to land or right of way of the Long Island Railroad; RUNNING THENCE along the Long Island Railroad, South 59 degrees 09 minutes 26 seconds West 354.56 feet to the point or place of BEGINNING. Exhibit C—Reserve Area ALL that certain plot,piece or parcel of land, situate,lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the corner formed by the intersection of the southerly side of the land or right of way of the Long Island Railroad and the easterly side of Elijah's Lane; RUNNING THENCE, along the easterly side of Elijah's Lane, South 25 degrees 11 minutes 20 seconds East 415.00 feet to lands now or formerly of David L. Steele; THENCE, along said lands,North 64 degrees 48 minutes 40 seconds East 226.00 feet; THENCE North 25 degrees 11 minutes 20 seconds West 437.37 feet to land or right of way of the Long Island Railroad; THENCE, along said lands, South 59 degrees 09 minutes 26 seconds West 227.10 feet to the easterly side of Elijah's Lane and the point or place of BEGINNING. T I T L E P O L I C Y ALTA OWNER'S POLICY OF TITLE INSURANCE Policy.Number: issued by: ,0 "Fidelity National 'I' tle, 7404-019189 u1surance Company' This policy, when issued by the Company with a Policy Number and the Date of Policy, is valid even if this policy or any endorsement to this policy is issued electronically or lacks any signature. Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at the address shown in Condition 17. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of the Date of Policy and, to the extent stated in Covered Risks 9 and 10, after the Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. The Title being vested other than as stated in Schedule A. 2.: Any defect in or lien or encumbrance on the Title. Covered Risk 2 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. the failure of a person or Entity to have authorized a transfer or conveyance; i iii. a document affecting the Title not properly authorized, created, executed, witnessed, sealed, acknowledged, notarized (including by remote online notarization), or delivered; iv. a 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 the failure to have performed those acts by electronic means authorized by law; vii. a defective judicial or administrative proceeding; or viii.the repudiation of an electronic signature by a person that executed a document because the electronic signature on the document was not valid under applicable electronic transactions law. b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment (including an encroachment of an improvement across the boundary lines of the Land), but only if the encumbrance, violation, variation, adverse circumstance, boundary line overlap, or encroachment would have been disclosed by an accurate and complete land title survey of the Land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. A violation or enforcement of a law, ordinance, permit, or governmental regulation (including those relating to building and zoning), but only to the extent of the violation or enforcement described by the enforcing governmental authority in an Enforcement Notice that identifies a restriction, regulation, or prohibition relating to: a. the occupancy, use, or enjoyment of the Land; b. the character, dimensions, or location of an improvement on the Land; h�trRlfA)( Copyright American Land Title Association. All rights reserved. atiu',j„c The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the :. date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ^ `= ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24®12:56 PM NY-FT-FRVH-01 030.431004-SPS-27 51 2-1-2 4-74 04-01 91 8 9 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 c. the subdivision of the Land; or d. environmental remediation or protection on the Land. 6. An enforcement of a governmental forfeiture, police, regulatory, or national security power, but only to the extent of the enforcement described by the enforcing governmental authority in an Enforcement Notice. 7. An exercise of the power of eminent domain, but only to the extent: a. of the exercise described in an Enforcement Notice; or b. the taking occurred and is binding on a purchaser for value without Knowledge. 8. An enforcement of a PACA-PSA Trust, but only to the extent of the enforcement described in an Enforcement Notice. 9. The Title being vested other than as stated in Schedule A, the Title being defective, or the effect of a court order providing an alternative remedy: a. resulting from the avoidance, in whole or in part, of any transfer of all or any part of the Title to the Land or any interest in the Land occurring prior to the transaction vesting the Title because that prior transfer constituted a: I. fraudulent conveyance, fraudulent transfer, or preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors'rights law; or ii. voidable transfer under the Uniform Voidable Transactions Act; or b. because the instrument vesting the Title constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar state or federal creditors' rights law by reason of the failure: i. to timely record the instrument vesting the Title in the Public Records after execution and delivery of the instrument to the Insured; or ii. of the recording of the instrument vesting the Title in the Public Records to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to the Date of Policy and prior to the recording of the deed or other instrument vesting the Title in the Public Records. - � = AAtCK1VAN Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members In good standing as of the r, date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. "- ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12„18.24®12:56 PM NY-FT-FRVH-01030.431004-SP S-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 DEFENSE OF COVERED CLAIMS The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly.authorized officers. Fidelity National Title Insurance Company Issuing Office: Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive Riverhead, NY 11901 t _ Tel: (631)727-0600 Fax: (631)727-0606 --- . -- - --- Michael J.Nolan, President Countersigned By: Attest: Date: Marjorie Nemzura, Secretary Fidelity National Title Insurance Services, LLCae. :SEAL Steven Zeikowitz, Authorized Signatory, Authorized Signatory Authorized Officer or Agent nxs_rtt�rnur Copyright American Land Title Association. All rights reserved. +Kw'3.Nu- The use of this Form(or any derivative thereof}is restricted to ALTA licensees and ALTA members in good standing as of the ~ date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24(612:56 PM NY-FT-FRVH-01030.431004-SPS-27 51 2-1-24-74 04-01 91 89 7 1 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 EXCLUSIONS FROM COVERAGE The following matters are excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys'fees, or expenses that arise by reason of: 1. a. any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) that restricts, regulates, prohibits, or relates to: i. the occupancy, use, or enjoyment of the Land; ii. the character, dimensions, or location of any improvement on the Land; iii. the subdivision of land; or iv. environmental remediation or protection. b. any governmental forfeiture, police, regulatory, or national security power. c. the effect of a violation or enforcement of any matter excluded under Exclusion 1.a. or 1.b. Exclusion 1 does not modify or limit the coverage provided under Covered Risk 5 or 6. 2. Any power of eminent domain. Exclusion 2 does not modify or limit the coverage provided under Covered Risk 7. 3. Any defect, lien, encumbrance, adverse claim, or other matter: a. created, suffered, assumed, or agreed to by the Insured Claimant; b. not Known to the Company, not recorded in the Public Records at the Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; c. resulting in no loss or damage to the Insured Claimant; d. attaching or created subsequent to the Date of Policy (Exclusion 3.d. does not modify or limit the coverage provided under Covered Risk 9 or 10); or e. resulting in loss or damage that would not have been sustained if consideration sufficient to qualify the Insured named in Schedule A as a bona fide purchaser had been given for the Title at the Date of Policy. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that the transaction vesting the Title as shown in Schedule A is a: a. fraudulent conveyance or fraudulent transfer; b. voidable transfer under the Uniform Voidable Transactions Act; or c. preferential transfer: i. to the extent the instrument of transfer vesting the Title as shown in Schedule A is not a transfer made as a contemporaneous exchange for new value; or ii. for any other reason not stated in Covered Risk 9.b. 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or limit the coverage provided under Covered Risk 8. 6. Any lien on the Title for real estate taxes or assessments, imposed or collected by a governmental authority that becomes due and payable after the Date of Policy. Exclusion 6 does not modify or limit the coverage provided under Covered Risk 2.b. 7. Any discrepancy in the quantity of the area, square footage, or acreage of the Land or of any improvement to the Land. eA+raieev Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the ~ date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Y ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24 L'1a 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 CONDITIONS 1. DEFINITION OF TERMS In this policy, the following terms have the meanings given to them below. Any defined term includes both the singular and the plural, as the context requires: a. "Affiliate": An Entity: 1. that is wholly owned by the Insured; 11. that wholly owns the Insured;or iii. if that Entity and the Insured are both wholly owned by the same person or entity. b. "Amount of Insurance": The Amount of Insurance stated in Schedule A,as may be increased by Condition 8.d.or decreased by Condition 10 or 11; or increased or decreased by endorsements to this policy. c. "Date of Policy': The Date of Policy stated in Schedule A. d. "Discriminatory Covenant": Any covenant, condition, restriction, or limitation that is unenforceable under applicable law because it illegally discriminates against a class of individuals based on personal characteristics such as race,color,religion,sex,sexual orientation,gender identity, familial status,disability,national origin,or other legally protected class. e. "Enforcement Notice": A document recorded in the Public Records that describes any part of the Land and: i. is issued by a governmental agency that identifies a violation or enforcement of a law,ordinance,permit,or governmental regulation; ii. is issued by a holder of the power of eminent domain or a governmental agency that identifies the exercise of a governmental power;or iii. asserts aright to enforce a PACA-PSA Trust. f. "Entity': A corporation,partnership,trust,limited liability company,or other entity authorized by law to own title to real property in the State where the Land is located. g. "Insured": I. (a). The Insured named in Item 1 of Schedule A; (b). the successor to the Title of an Insured by operation of law as distinguished from purchase,including heirs,devisees,survivors,personal representatives,or next of kin; (c). the successor to the Title of an Insured resulting from dissolution,merger,consolidation,distribution,or reorganization; (d). the successor to the Title of an Insured resulting from its conversion to another kind of Entity;or (a). the grantee of an Insured under a deed or other instrument transferring the Title,if the grantee is: (1). an Affiliate; (2). a trustee or beneficiary of a trust created by a written instrument established for estate planning purposes by an Insured; (3). a spouse who receives the Title because of a dissolution of marriage; (4). a transferee by a transfer effective on the death of an Insured as authorized by law;or (5). another Insured named in Item 1 of Schedule A. ii. The Company reserves all rights and defenses as to any successor or grantee that the Company would have had against any predecessor Insured. h. "Insured Claimant": An Insured claiming loss or damage arising under this policy. (. "Knowledge"or"Known": Actual knowledge or actual notice,but not constructive notice imparted by the Public Records. j. "Land": The land described in Item 4 of Schedule A and improvements located on that land at the Date of Policy that by State law constitute real property. The term"Land"does not include any property beyond that described in Schedule A,nor any right,title, interest,estate,or easement in any abutting street,road,avenue,alley,lane,right-of-way,body of water,or waterway,but does not modify or limit the extent that a right of access to and from the Land is insured by this policy. k. "Mortgage": A mortgage,deed of trust,trust deed,security deed,or other real property security instrument,including one evidenced by electronic means authorized by law. I.. "PACA-PSA Trust": A trust under the federal Perishable Agricultural Commodities Act or the federal Packers and Stockyards Act or a similar State or federal law. m. "Public Records": The recording or filing system established under State statutes in effect at the Date of Policy under which a document must be recorded or filed to impart constructive notice of matters relating to the Title to a purchaser for value without Knowledge. The term"Public Records" does not include any other recording or filing system, including any pertaining to environmental remediation or protection, planning, permitting, zoning,licensing,building,health,public safety,or national security matters. n. "State": The state or commonwealth of the United States within whose exterior boundaries the Land is located.The term"State"also includes the District of Columbia,the Commonwealth of Puerto Rico,the U.S.Virgin Islands,and Guam. o. 'Title": The estate or interest in the Land identified in Item 2 of Schedule A. p. "Unmarketable Title": The Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or a lender on the Title to be released from the obligation to purchase,lease,or lend if there is a contractual condition requiring the delivery of marketable title. Copyright American Land Title Association. All rights reserved. Up ; The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the x date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24 @ 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189. (continued) 2. CONTINUATION OF COVERAGE This policy continues as of the Date of Policy in favor of an Insured,so long as the Insured: a. retains an estate or interest in the Land; b. owns an obligation secured by a purchase money Mortgage given by a purchaser from the insured;or c. has liability for warranties given by the Insured in any transfer or conveyance of the Insured's Title. Except as provided in Condition 2,this policy terminates and ceases to have any further force or effect after the Insured conveys the Title. This policy does not continue in force or effect in favor of any person or entity that is not the Insured and acquires the Title or an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured must notify the Company promptly in writing if the Insured has Knowledge of: a, any litigation or other matter for which the Company may be liable under this policy;or b. any rejection of the Title as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice,the Company's liability to the Insured Claimant under this policy is reduced to the extent of the prejudice. 4. PROOF OF LOSS The Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance,adverse claim,or other matter insured against by this policy that constitutes the basis of loss or damage and must state,to the extent possible,the basis of calculating the amount of the loss or damage. S. DEFENSE AND PROSECUTION OF ACTIONS a. Upon written request by the Insured and subject to the options contained in Condition 7,the Company,at its own cost and without unreasonable delay,will provide for the defense of an Insured In litigation In which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company has the right to select counsel of its choice(subject to the right of the Insured to object for reasonable cause)to represent the Insured as to those covered causes of action. The Company is not liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of any cause of action that alleges matters not insured against by this policy. b. The Company has the right,in addition to the options contained in Condition 7,at its own cost,to institute and prosecute any action or proceeding or to do any other act that,in its opinion,may be necessary or desirable to establish the Title,as insured,or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it is liable to the Insured. The Company's exercise of these rights is not an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under Condition 5.b.,it must do so diligently. c. When the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court having jurisdiction. The Company reserves the right,in its sole discretion,to appeal any adverse judgment or order. S. DUTY OF INSURED CLAIMANT TO COOPERATE a. When this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured will secure to the Company the right to prosecute or provide defense in the action or proceeding,including the right to use,at its option,the name of the Insured for this purpose. When requested by the Company,the Insured,at the Company's expense,must give the Company all reasonable aid in: i, securing evidence,obtaining witnesses,prosecuting or defending the action or proceeding,or effecting settlement;and ii. any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter,as insured. If the Company is prejudiced by any failure of the Insured to furnish the required cooperation,the Company's liability and obligations to the Insured under this policy terminate,including any obligation to defend,prosecute,or continue any litigation,regarding the matter requiring such cooperation. b. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports,e-mails,disks,tapes,and videos,whether bearing a date before or after the Date of Policy,that reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the Insured Claimant must grant its permission,in writing,for any authorized representative of the Company to examine,inspect,and copy all the records in the custody or control of a third party that reasonably pertain to the loss or damage. No information designated in writing as confidential by the Insured Claimant provided to the Company pursuant to Condition 6 will be later disclosed to others unless, in the reasonable judgment of the Company, disclosure is necessary in the administration of the claim or required by law. Any failure of the Insured Claimant to submit for examination under oath,produce any reasonably requested information,or grant permission to secure reasonably necessary Information from third parties as required in Condition 6.b., unless prohibited by law, terminates any liability of the Company under this policy as to that claim. t Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the = date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. _ = ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24 @ 12:56 PM NY-FT-FRVH-01 030.431004-SPS-27512-1-24-7404-0191 89 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 (continued) 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company has the following additional options: a. To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option provided for in Condition 7.a.,the Company's liability and obligations to the Insured under this policy terminate,including any obligation to defend,prosecute,or continue any litigation. b. To Pay or Otherwise Settle with Parties other than the Insured or with the Insured Claimant L To pay or otherwise settle with parties other than the Insured for or in the name of the Insured Claimant. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or ii. To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy. In addition,the Company will pay any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either option provided for in Condition 7.b.,the Company's liability and obligations to the Insured under this policy for the claimed loss or damage terminate,including any obligation to defend,prosecute,or continue any litigation. 8. CONTRACT OF INDEMNITY; DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by an Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. This policy is not an abstract of the Title,report of the condition of the Title, legal opinion, opinion of the Title,or other representation of the status of the Title. All claims asserted under this policy are based in contract and are restricted to the terms and provisions of this policy. The Company is not liable for any claim alleging negligence or negligent misrepresentation arising from or in connection with this policy or the determination of the insurability of the Title. EL. The extent of liability of the Company for loss or damage under this policy does not exceed the lesser of: I. the Amount of Insurance;or ii. the difference between the fair market value of the Title,as insured,and the fair market value of the Title subject to the matter insured against by this policy. b. Except as provided in Condition 8.c,or 8.d.,the fair market value of the Title in Condition 8.a.ii.is calculated using the date the Insured discovers the defect,lien,encumbrance,adverse claim,or other matter insured against by this policy. c. If,at the Date of Policy,the Title to all of the Land is void by reason of a matter insured against by this policy,then the Insured Claimant may, by written notice given to the Company,elect to use the Date of Policy as the date for calculating the fair market value of the Title in Condition 8.a.ii. d. If the Company pursues its rights under Condition 5.b.and is unsuccessful in establishing the Title,as insured: 1. the Amount of Insurance will be increased by Fifteen Percent(15%);and ii. the`Insured Claimant may,by written notice given to the Company,elect,as an alternative to the dates set forth in Condition 8.b.or,if it applies, 8.c.,to use either the date the settlement,action,proceeding, or other act described in Condition 5.b.is concluded or the date the notice of claim required by Condition 3 is received by the Company as the date for calculating the fair market value of the Title in Condition 8.a.ii. e. In addition to the extent of liability for loss or damage under Conditions B.a. and 8.d., the Company will also pay the costs, attorneys'fees, and expenses incurred in accordance with Conditions 5 and 7. 9. LIMITATION OF LIABILITY a. The Company fully performs its obligations and is not liable for any loss or damage caused to the Insured if the Company accomplishes any of the following in a reasonable manner: I. removes the alleged defect,lien,encumbrance,adverse claim,or other matter; ii. cures the lack of a right of access to and from the Land;or III. cures the claim of Unmarketable Title, all as insured. The Company may do so by any method,including litigation and the completion of any appeals. b. The Company is not liable for loss or damage arising out of any litigation,including litigation by the Company or with the Company's consent,until a State or federal court having jurisdiction makes a final,non-appealable determination adverse to the Title. c. The Company is not liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. d. The Company is not liable for the content of the Transaction Identification Data,if any. 10. REDUCTION OR TERMINATION OF INSURANCE All payments under this policy,except payments made for costs, attorneys'fees, and expenses, reduce the Amount of Insurance by the amount of the payment - n�t CKtC i u Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03/08/20N) Printed: 12.1 B.24 @ 12:56 PM N Y-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance will be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after the Date of Policy and which is a charge or lien on the Title,and the amount so paid will be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage are determined in accordance with the Conditions, the Company will pay the loss or damage within thirty(30)days. 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS UPON SETTLEMENT AND PAYMENT a. If the Company settles and pays a claim under this policy,it is subrogated and entitled to the rights and remedies of the insured Claimant in the Title and all other rights and remedies In respect to the claim that the Insured Claimant has against any person,entity, or property to the fullest extent permitted by law,but limited to the amount of any loss,costs,attorneys'fees,and expenses paid by the Company. If requested by the Company, the Insured Claimant must execute documents to transfer these rights and remedies to the Company. The Insured Claimant permits the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. b. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company defers the exercise of its subrogation right until after the Insured Claimant fully recovers its loss. c. The Company's subrogation right includes the Insured's rights to indemnity,guaranty,warranty,insurance policy,or bond,despite any provision in those instruments that addresses recovery or subrogation rights. 14. POLICY ENTIRE CONTRACT a. This policy together with all endorsements,if any,issued by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy will be construed as a whole. This policy and any endorsement to this policy may be evidenced by electronic means authorized by law. b. Any amendment of this policy must be by a written endorsement issued by the Company:To the extent any term or provision of an endorsement is 'inconsistent with any term or provision of this policy,the term or provision of the endorsement controls. Unless the endorsement expressly states,it does not: I. modify any prior endorsement, li, extend the Date of Policy, III. insure against loss or damage exceeding the Amount of Insurance,or iv. increase the Amount of Insurance. 15. SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,this policy will be deemed not to include that provision or the part held to be invalid,but all other provisions will remain in full force and effect. 16. CHOICE OF LAW AND CHOICE OF FORUM a. Choice of Law The Company has underwritten the risks covered by this policy-and determined the premium charged in reliance upon the State law affecting interests in real property and the State law applicable to the interpretation,rights,remedies,or enforcement of policies of title insurance of the State where the Land is located. The State law of the State where the Land is located,or to the extent it controls,federal law,will determine the validity of claims against the Title and the interpretation and enforcement of the terms of this policy,without regard to conflicts of law principles to determine the applicable law. b. Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a State or federal court having jurisdiction. 17. NOTICES Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Fidelity National Title Insurance Company P.O.Box 45023 Jacksonville,FL 32232-5023 Attn: Claims Department 18. CLASS ACTION ALL CLAIMS AND DISPUTES ARISING OUT OF OR RELATING TO THIS POLICY, INCLUDING ANY SERVICE OR OTHER MATTER IN CONNECTION WITH ISSUING THIS POLICY,ANY BREACH OF A POLICY PROVISION,OR ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR RELATING TO THE TRANSACTION GIVING RISE TO THIS POLICY,MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER,OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. n.cu'uu:au Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Yic6 ALTA owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18,24 Q 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 c (continued) 19. ARBITRATION a. All claims and disputes arising out of or relating to this policy,including any service or other matter in connection with issuing this policy,any breach of a policy provision,or any other claim or dispute arising out of or relating to the transaction giving rise to this policy,may be resolved by arbitration. If the Amount of Insurance is Two Million and No/100 Dollars($2,000,000)or less,any claim or dispute may be submitted to binding arbitration at the election of either the Company or the Insured. If the Amount of Insurance is greater than Two Million and No/100 Dollars ($2,000,000), any claim or dispute may be submitted to binding arbitration only when agreed to by both the Company and the Insured.Arbitration must be conducted pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("ALTA Rules"). The ALTA Rules are available online at www:alta:ordfarbitratlon. The ALTA Rules incorporate, as appropriate to a particular dispute,the Consumer Arbitration Rules and Commercial Arbitration Rules of the American Arbitration Association("AAA Rules"). The AAA Rules are available online at Wmv.adr.ora. b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE AS PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN ANY ARBITRATION GOVERNED BY CONDITION 19. The arbitrator does not have authority to conduct any class action arbitration,private attorney general arbitration,or arbitration involving joint or consolidated claims under any circumstance. c. if there is a final judicial determination that a request for particular relief cannot be arbitrated in accordance with this Condition 19, then only that request for particular relief maybe brought in court. All other requests for relief remain subject to this Condition 19. d. Fees will be allocated in accordance with the applicable AAA Rules. The results of arbitration will be binding upon the parties. The arbitrator may consider,but is not bound by,rulings in prior arbitrations involving different parties. The arbitrator is bound by rulings in prior arbitrations involving the same parties to the extent required by law. The arbitrator must issue a written decision sufficient to explain the findings and conclusions on which the award is based. Judgment upon the award rendered by the arbitrator may be entered in any State or federal court having jurisdiction. END OF CONDITIONS Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the ; date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03108/2024) Printed: 12.18.24 8 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-019189 SCHEDULE A Name and Address of Title Insurance Company: Colleen K.Zick Fidelity National Title Insurance Services, LLC 24 Commerce Drive Riverhead, NY 11901 Policy Number. 7404-019189 _ Date of.Policy ____ Amount.of Insurance December20, 2024 $1,126,660.86 1. The Insured is: Town of Southold 2. The estate or interest in the Land insured by this policy is: Developement Rights Easement 3. The Title is vested in: Town of Southold Deed made by D & S Hayfields, LLC dated December 20, 2024 to be recorded in the Suffolk County Clerk's Office. 4. The Land is described as follows: See Schedule A(Continued), following. nA+i R,t:nN Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03/0812024) Printed: 12.18.24 @ 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 t FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY N0.7404-019189 SCHEDULE B EXCEPTIONS FROM COVERAGE Some historical land records contain Discriminatory Covenants that are illegal and unenforceable by law. This policy treats any Discriminatory Covenant in a document referenced in Schedule B as if each Discriminatory Covenant is redacted, repudiated, removed, and not republished or recirculated. Only the remaining provisions of the document are excepted from coverage. This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees, or expenses resulting from the terms and conditions of any lease or easement identified in Schedule A,and the following matters: 1. Rights described in Liber 11808 oage.530, referenced in Lilies 12781 da0e.611. 2. Survey made by JM Land Surveying dated 11/05/2024 covers premises and more. Survey shows,as to premises to be insured herein,vacant land;stone planter around sign straddles southwesterly corner of premises;fence 4.6 feet east of easterly record line;fence up to 5.4 feet north of northerly record line. 3. Subject to the rights of others to use and maintain stone planter around sign that straddles southwesterly corner of premises. 4. Covenants and Restrictions dated December 20, 2024 to be recorded in the Suffolk County Clerk's Office. END OF SCHEDULE B AME0.ICAN Copyright American Land Title Association. All rights reserved. UND TITLE SSUGI/SIUN The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. JF ALTA Owners Policy of Title Insurance 2021(0310812024) Printed: 12.20,24 @ 12:04 PM NY-FT-FRVH-01030A31004-SPS-27512-1-24-7404-019189 FIDELITY NATIONAL TITLE INSURANCE COMPANY_ POLICY NO. 7404-019189 SCHEDULE A (continued) AMENDED 11/21/2024 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the southerly side of the land or right of way of the Long Island Railroad said point being distant 227.10 feet Northeast along said lands or right of way from the intersection of the easterly side of Elijah's Lane with the southerly side of the land or right of way of the Long Island Railroad; RUNNING THENCE South 25-degrees 11 minutes 20 seconds East 437.37 feet lands now or formerly of David L. Steele; THENCE, along said lands, South 25 degrees 11 minutes 20 seconds East 150.00 feet; THENCE South 64 degrees 48 minutes 40 seconds West 226.00 feet to the easterly side of Elijah's Lane; RUNNING THENCE, along the easterly side of Elijah's Lane, South 25 degrees 11 minutes 20 seconds East 721.63 feet to lands now or formerly of NFBG LLC; THENCE, along said lands. North 63 degrees 33 minutes 00 seconds East 606.01 feet to land now or formerly of NFBG LLC; RUNNING THENCE along said land the following two(2) courses and distances: (1) North 26 degrees 19 minutes 20 seconds West 935.19 feet; thence (2) North 26 degrees 25 minutes 30 seconds West 395.68 feet to land or right of way of the Long Island Railroad; RUNNING THENCE along the Long Island Railroad, South 59 degrees 09 minutes 26 seconds West 354.56 feet to the point or place of BEGINNING. END OF SCHEDULE A Copyright American Land Title Association. All rights reserved. `.H ; CAN . t':iA:lUa C The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy of Title Insurance 2021(03/08/2024) Printed: 12.18.24 @ 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 TIRSA STANDARD NEW YORK ENDORSEMENT - OWNER'S POLICY Attached to and made a part of polidy number: issued by: Fidelity National Titles 7404-019189 Iniurance Company 1. The following is added as a Covered Risk: 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy. 2. Exclusion From Coverage Number 6 is deleted, and the following is substituted: 6. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: December 20, 2024 Countersigned By: Authorized Signatory TIRSA Standard New York Endorsement-Owner's Policy(0 310 812 0 24) Printed: 12.18.24 @ 12:56 PM NY-FT-FRVH-01030.431004-SPS-27512-1-24-7404-019189 N Y S D E C R E G I S T - R Y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests,Bureau of Real Property 625 Broadway,5th Floor,Albany,New York 12233-4250 P:(518)402-9442 1 F:(518)402-9028 1 Landsforests@dec.ny.gov www.dec.ny.gov January 16, 2025 Land Preservation Catherine Kreshon Southold Preservation PO Box 1179 Southold, NY 11971 Dear Catherine Kreshon: We received the following conservation easement(s) from you on January 16, 2025: CE #: Suffolk, 0755 Grantor: D & S Hayfields, LLC Deed: Book D00013277 Page 483 Recorded: December 24, 2024 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. NE' YORK Departmentof STATE OF oavomunm Environmental Conservation It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions. When contacting this office about this/these parcel(s), please use the assigned conservation easement number(s). Sincerely, rl/ WW41 Jfo. "new Donna Holmes Program Aide Bureau of Real Property dlh v N Y S A G M K T S W A I v E R NEWYORK Agriculture ° TM- and Markets KATHY HOCHUL RICHARD A. BALL Governor Commissioner March 26, 2025 Honorable Albert J. Krupski, Jr. Town of Southold PO Box 1179 Southold, NY 11971 Re: Waiver: Suffolk County Agricultural District No. 1, 14.82 Acres of Land for a Development Rights Easement on Farmland, Town of Southold, Suffolk County Ag District No. 1 Dear Supervisor Krupski, The Department reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law regarding the conveyance of 14.82 acres of land located in Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by: David L. Steele, D & S Hayfields, LLC 3460 Elijahs Lane, Mattituck The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town of Southold. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. In addition, the Department notes that farmland continues to be converted to other uses in Suffolk County, depleting open space and lose of natural resources. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of Southold, of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me at judy.littrell(a-_)agriculture.ny.gov. Sincerely, Judy Littrell Associate Environmental Analyst Cc: Ken Schmitt, Suffolk County Division of Land and Water Resources 10B Airline Dr.Albany,N.Y., 122351 5181457-37381 www.agriculture.ny.gov P R O P E R T Y R E C O R D S SUFFQ(� OFFICE LOCATION: LILLIAN F.McCULLOUGH ��o�� CQGy Town Hall Annex LAND PRESERVATION 54375 State Route 25 EXECUTIVE ASSISTANT (corner of Main Rd&Youngs Ave) ® Southold,New York lillianm@southoldtownny.gov y Telephone(631)765-571 I �� �� MAILING ADDRESS: a� P.O.Box 1179 �� 1S Southold,NY 1 1 971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Albert J. Krupski Jr 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: December 20,2024 Re: D&S HAYFIELDS,LLC to TOWN OF SOUTHOLD Development Rights Easement—14.82 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#:. 1000-108.-3-1 LOCATION: 3460 Elijahs Land, Mattituck EASEMENT ACREAGE: 14.82 Acres PROPERTY OWNER: D&S Hayfields, LLC CONTRACT DATE: October 24,2024 CLOSING DATE: December 20,2024 PURCHASE PRICE: $ 1,126,660.86 per contract FUNDING: CPF 2%Land Bank MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible Parcels. !a RPS Version 4-[Snapshot,Group-Inquiry,Name-inquiry] File View Toolbar Help &'J'' J471 C t R' �,a N #fM ii j P T' M, h L RPM w' n"er,-- T'0 tall*A-:—"�,� Site T°otal: : �" Name,". 4bh J, UJater U4likies3 1 F r' WJ4 Id 1, Ad, Mijcklands Al �J po�CitV., Yp Tagabk�Va' llue"-"` 'LAnd'."," ';"�'-Total- 0"'! Book.-, 1,2781 Type FF Depth, Acres: 5glt = 1", 4200, R P age: Ban "Eo TV,7"�'z k� Ay4i'ONW P P Sale � F I ' ' , , T t& -B 01.6ta ff L ook.' age Sale Price -,'Ow'n'er` U X q '5 NO 4 if 0 'I"n A ' U 4' 4 Improvement v" T ype� ae! -'DiO DiQ--�-" SQFT,-W,BJ ift" aw: Own t m ,�,'ff''' 'C Amount Y" C ;r' 0 Year P t ,41 72 441 L,4 AU AN WE i"Aw,"Ef SSa. f"' t are. r. K" iialDii16c Tb'td�',3;-""'- Value 1 '6 ': 'i Type ova,Ta x —Units WU 4, 00'?, uck,Pail Om 6&�� t00 AN, & UW"z , . ....' 4 0 M M Ng, ' xtj 5 1'1 E IZ I A L S hs �. -� •♦ As .yam� t}��`� ♦ '�. r r A_ j+ ♦yam Ll•f. ,4 ♦t .�',• •,rya•. k4t., .• 40 \ Site: 3460 E/ ahs Lane, Mattituck, New York P.O. SOlM #1000-108-3-1 Year.• 2023 •w ' , ,I IA �' A. ' Site: 3460 E6 ahs Lane, Mattituck, Alew York P.O. SClM #1000-108-3-1 Year: 2016 4 . �4 ' 4e -. A'. Ar i Site: 3460 Ephs Lane, Mattitack, New York P.O. SOTM #1000-108-3-1 Year: 2007 , ,4 t •fit�•=',+ . f Site: 3460 EJahs Lane, Nlattituck, New York P.O. SCTNI #1000-108-3-1 Year: 2001 •4p. ti ♦, Site: 3460 EJahs Lane, Mattituck, New York P.O. SOTM #1000-108-3-1 Year: 1984 r :Of s AW Site: 3460 E/JJhs Lane, Mattituck, Mew York P.O. SOlM #1000-108-3-1 Year.• 1978 V `a y �M 4 •yv1� Ilk ti a'. t t 'a Site: 3460 ENahs Lane, Mattitack, New York P.O. SOTM #1000-108-3-1 Year. 1962 A E IZ I A L M A P . , w n � :, Xq ^ D&S Hayfields , LLC D - o o e, e Town Development Rights Purchase s , , „ r 'G O o e v a r „ z z r D - - o o r r;; ! 0 , r _ _ o o _ ,a �4 A L p , a` c� �I ;.1.y �, :;. -. u., :- � fit.: � y`. � -', ! .#4. ��. '- 1„ :� �. �.. .. .. .:.. :'. ^_ .... ..�-; ,; ' '� 1, ._ _..:_,'�• ,:"'.:� �'-r y '� r«�'� ,.. , . t... ....1-, gip. � , •.I, � y ,I� ,. - .. � tom^ p... _. � 4 �.��i � , Y' + b , �r x �. Ot R. 0 0 - , 44 Ng „ , ..fir + i D&S Hayfields LLC , r. - \,,,��„� Part of SCTM #1000 108. 3 1 _ ` \... I, R. , x \«MR, , _ 0 0 - \ 'r W d , j t 0 �. All v t � u\ i l , �a ti 4 O x y, • 4 � u • i x . y r4 ooe— r , Y , f 4 O y 1 j /� t 0 D — � -?ici p ► �.�s'` HIV. d, ! 0 ,'k 0 `, Tf i Map Prepared by 4 Town of Southold Geographic Information System j 4 October 21 , 2024 v o r Suffolk Count Real Property Tax Service Agency o _ _ _ D - - 0 0 County Real ♦ S� i..l V 4JL./4.I4J D o o '.., , Y y , n 2024 AREIS and T Ma x a p Copyright ht pY g � ,� • p - � - County of Suffolk, NY '01-V 116- IR f . p ?A e . x • , � y S U R V E Y Area_ Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION DRnwN BY JM CHECKED BY JM WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE 742,061 s .ft. NOV 2024 EDUCATION LAW. SHOWN ARE FROM FIELD OBSERVATIONS CADFlFVIE AND OR DATA OBTAINED FROM OTHERS. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR 17.03 acres DR4MNG ND.: 24\ELIJAH'S IANE 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 Premises known as: TITLE COMPANY, GOVERNMENTAL AGENCY AND # 3460 ELIJAH'S LANE LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION. GUARANTEES ARE NOT TRANSFERABLE. i u �o 5 Zo �0% o �V o s to°°e �tE 9°y 1 RESERVE AREA = - o � 96,3f8 SQ.FT. r 2.2f ACRES m s`p°d U Noy 1 rim 10� l 61 D •ten � Comb°� `�, �� � \ �f� /� 3 �f► 1q3 w 2 oC\dy ee+ i m 2Z6 00AJU,,� Olt Ly 0 o. H�NoV� S6q� 00� o' meto\teoogy god '0 o Qos\ o' o' 26 \#M Q°\e o0opV tc�°°m°°t \* + + + o- * � O *, *r,6 O + + � O `+ Z + �aa o + EASEMENT AREA = *+ f 64S,743 SQ.TT. ++ R 82 ACRES \e o<\\y 0 + * 0-O + * Di Z teo°e 08 Q°\° Wppa e°Sta 6Q6• Ito d u°Woy 01% �""\ z � 401 edge pt qro�°\ � "t` �OQ edge°t 9r0ue �O'` ��gR\P��\ �0 650 H6�� MPS Zp6E�1 1g11 sA° /� m \1 Q°\e D E C - 2 24 1 MP�P�oRRR1,�9 LAND PRESERVATION DEPT F��EO Town of Southold Survey of Property OF NEW Y situate at 10 �T. Mattituck CO ` Town of Southold LAND SURVEYING mot ,, Suffolk County, New York J Mintoviiie@aoi.com 8 �J``' Tax Ma 1000- 108-03-01 SUBDIVISIONS LAND _SJ p TITLE & MORTGAGE SURVEYS Scale 1 "— 60' November 5, 2024 TOPOGRAPHIC SURVEYS Certified to: SITE PLANS GRAPHIC SCALE John Minto, L.S. Jacqueline Marie Minto, L.S. Town of Southold 60 0 30 60 <0 HO LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LAND SURVEYOR D & S Hayfields, LI_C NEW YORK STATE LIC. NO. 49866 NEW YORK STATE LIC. NO. 51085 Phone: (631) 724-4832 Fidelity National Title Insurance Company, ( IN FEET P.O. Box 1408 Smithtown, N.Y. 11787 1 inch = 60 ft.