HomeMy WebLinkAboutMcCall Family Holdings Limited Partnership, LLLP �o co
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Co1000-115-7-13.2
Baseline Documentation
Premises:
19500 NYS Route
Mattituck, New York
14.77 acres
Development Rights Easement
McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP
to
TOWN OF SOUTHOLD
Easement dated- May 30, 2024
Recorded.May 31., 2024
Suffolk,County Clerk - Liber D00013250, Page 990
SCTM #: 1000-115.-7-13.2 p/o
Premises: 19500 NYS Route 25
Hamlet: Mattituck
Purchase Price: $ 190489670.00
(14.77 buildable acres @
$71,000/buildable acre)
Funding: Community Preservation
Fund
CPF Project Plan: Yes
Total Parcel Acreage: 16.79 Acres
Development Rights: 14.77 Acres
Zoned: AC (Agricultural-Conservation)
Existing Improvements: In June 2024 — agricultural
farmland/vineyard; wood & wire
fence surrounding property with
gate on west side. 30' water line
agreement on east side running
length of property.
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LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, June 13, 2023 at 7:00 p.m.
Members Present: Sam McCullough
Anne Murray
Doris McGreevy
Kimberly Krupski
Eric Keil
Will Lee (7:27)
John Simicich (Zoom)
Members Absent: None
Also present: Lillian McCullough, Land Preservation Executive Assistant
Cathy Kreshon, Land Preservation Secretary
Also present as Attendee: Holly Sanford, Peconic Land Trust
Commencement
• The meeting began at 7:10 p.m. with 6 LPC members present.
EXCERPT FROM ADOPTED 6/13/2023 MEETING MINUTES
MOTION made by Sam McCullough, seconded by Eric Keil, to recommend to the Town Board
that the Town commission an appraisal, for Application Number 2023-3, for the purposes of
providing the market value of a development rights easement on all but 2.03±acres of the
property, in accordance with a design as discussed by the Land Preservation Committee while in
Executive Session, whereby the 2.03±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: 7/0
(Motion No. 2023-3-1)
APPRAISAL RPORT'
OF REAL;PRQ,pE,RTY LOCATED AT;
S
�.ssoo MAIN RaAD
MATTITUCK,TOWN OF SOUTH '
?S�FFOLK COUNTY",NEW PORK ;
DISTRICT 1000,SECTION 1-15, BLOCKT LOT 3all
OWNED BY
RED KOEHLER (IV®W �R FORfVIERLY RUSS M�CCALL
CONTRACT V�`NDEE,
0900RTY TYPE:PARCEL 0 LAN iN USE FOR:AGiRICULT_ PURPOSES,SPECIFICALLY AS A►
U(NEYARD;
PREPARED FOR'
l,ILLIAN McCULLOUGIi, LLAND PRESERVATIOi EXECUTIVE ASSISTANT
TOWN OF�SOUTHOLD
k DEPARTMENT OF LAND PRESERVATION
,
TOWN MALL,ANNEX
543,75 STATE ROUTE 253
={ PO BOX I
50UTNOLb, NEW YORK W,7 0959r
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VALUATION DATE N EMBER6,2023
REPORT NOVEiVIBER 10 2U23� .
FILE;#23b$0
PREPARED,9'Y,
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LAWR -'-C tIt� IMP C_C��S,UI.1"IRG CWWR�`
REAL ESTATE APPR/�ISALS AND CONSULTING;'
18 BAILEY LANE
a
MANORVILLE, NY 1,049;:
RHONE(631j`979 2735m
LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, August 22, 2023 at 7:00 p.m.
Members Present: Sam McCullough
Anne Murray
Doris McGreevy (Zoom)
Eric Keil
Members Absent: Kimberly Krupski
Will Lee
John Simicich
Also present as Panelist: Lillian McCullough, Land Preservation Executive Assistant
Sarah Nappa, Town Board Liaison
Cathy Kreshon, Land Preservation Secretary
Also present as Zoom Attendee: Holly Sanford, Peconic Land Trust
Commencement
• The meeting began at 7:08 p.m. with 4 LPC members present.
EXCERPT FROM ADOPTED 8/22/2023 MEETING MINUTES
MOTION made by Sam McCullough, seconded by Eric Keil, to direct the Land Preservation
Executive Assistant to commission an appraisal for Application Number 2023-3 for the purposes
of providing the market value of a development rights easement on all but 2.00± acres of the
property, consistent with the designs, as discussed by the Land Preservation Committee while in
Executive Session, whereby the 2.00±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. 2023-3-2)
APPRAISAL REPORT
OF REAL,'PROPERTY LOCATErD AT
19500 tVIAIN ROAD
NiIATTITUCK,TOWN OPSOUTHOLD
z _
SUFFOLK COUNTY,NEW YORK
DISTRICT``1000,SECTION 115;BLOCK`? LOT b l
0;1N N E'D:BY
FRD (OER CRFO0R = BSSMCCALL I, ELYU ,
CONTRA CT VIENDEE),
PROPERTY TYPE..:P.ARCEL;OF LAND IN USE FO;R AGRICULTY Al PURPOSES;,SPECIFI'CALLY AS A,
VINEYARD
PREPARED FOR,
LILLIAN McCULLOUGH, LIAND PRESERVATION'EXECUTIVE ASSISTANT
TOWN QF SOUTWOLD.
DEPARTMENT OF LAND IPRESERVATION
TOWN HALL,ANNEX,
54375 STATE CUTE 25
P'0=BOX-1179
SOUTHOLD,NEW YORK ft§117.6059
VALUATION DATE: NOVEMBER 6,2023
:DATE OF REPORT:DECE'M6"ER,5,.2023
FILE#23080
PREPARED.BY
LAWR"ENCE INDIMINE CONSULTING CORP
REAL.ESTATE,APPRAISALS;AND CONSULTING.
18,BAILEY LANE
MANORVILLE, NY 11949
PWONE(631)979 2735
SUBJECT PHOTOS
View of Subject Along Main Road Facing Southeast
Subject at Intersection of Main Road and Locust Avenue
LAWRENCE INDIMINE CONSULTING CORP. J
REAL ESTATE APPRAISALS AND CONSULTING
SUBJECT PHOTOS
View of Subject Along Locust Avenue
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REAL ESTATE APPRAISALS AND CONSULTING
SUBJECT PHOTOS
Main ••.•
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Locust Avenue Facing South
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REAL ESTATE APPRAISALS • CONSULTING
SUBJECT PHOTOS
Main Road Facing East
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LAWRENCE INDIMINE CONSULTING CORP. 15
REAL ESTATE APPRAISALS AND CONSULTING
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PFLASE I E ® NTAL
SITE ASSESSMENT
for the property located at:
19500 Main Road, Route 25
Mattituck, New York
SCTM # 1000- 115.00-07.00-013.002
Owner: McCall Family Holdings Limited Partnership LLLP
prepared for:
Town of Southold
Department of Land Preservation
Town Hall Annex
54375 State Route 2 5
PO Box 1179
Southold, NY 119 71
prepared by:
*aupause,
Cashes, P.C.
Engineering -PIion Management
1200 Veterans Memorial High York 11788 - (631) 348-7600
APRIL 159 2024
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY LOCATED AT:
19500 MAIN ROAD,ROUTE 25
MATTITUCK,NEW YORK
SCTM#1000-115.00-07.00-013.002
OWNER: MCCALL FAMILY HOLDINGS LIMITED PARTNERSHIP LLLP
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 19500
Main Road (Route 25), Mattituck, NY. The property that is the subject of this assessment is a
14.76+/- acre portion of a 16.79 +/- parcel identified with the above referenced tax parcel
number. The property consists entirely of active farmland (vineyard). No structures are present
on the property. The property lies on the south side of Main Road, and along the west side of
Locust Avenue, in the unincorporated area of Mattituck. The entire property is being used as a
vineyard with perimeter deer fencing on all sides. The field inspection was conducted on April 5,
2024 by an Environmental Professional from CA. The ESA was prepared in accordance with CA
proposal dated March 28, 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.
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.
ES-1
Cashin Associates,P.C. * 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
were used over a prolonged time period. Regional contamination of shallow groundwater from
ES-2
Cashin Associates,P.C. • Engineering • Planning • Construction Management
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 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.
ES-3
Cashin Associates, P.C. • Engineering • Planning • Construction Management
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RESOLUTION 2024-263
ADOPTED DOC ID: 20061
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-263 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 12,2024:
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, March 26, 2024, at 4:30 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 McCall Family Holdings Limited
Partnership, LLLP. Said property is identified as part of SCTM #1000-115.-7-13.2. The
address is 19500 Route 25, Mattituck, New York. The property is situated on the southerly side
of Route 25/Main Road, on the corner of Locust Avenue. The property is located within the
Agricultural-Conservation (A-C) Zoning District and is approximately 16.79± acres. The
proposed acquisition is for a development rights easement on part of the property, consisting of
approximately 14.76± acres (subject to survey) of the 16.79±-acre parcel. The 2.03±-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 $71,000 (seventy-one thousand dollars)
per buildable acre, estimated at$1,047,960.00 (one million, forty-seven thousand,nine hundred
sixty dollars) for the 14.76f-acre easement. Purchase price will be adjusted at time of closing
based on final survey acreage determination,plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
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
54d51c47 jennifermudd@towmsouthold.nyus
I 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,
NewYork 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:
03/21/2024
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 publishsuch notices.
Signature
Christina Henke Rea AL M AL AK A
PrintedNwne DOUGLASWREA Digitally signed
Notary Public-State of New York by douglas w rea
NO,GIRE6398443 Date:2024.03.26
Subscribed and sworn to before me, Qualified in Albany County 21:47:07+00:00
My Commission Expires Sep 30,2017
'Ibis 26 day of March 2024
l '
Notary Signature
Notary Public Stamp
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
RESOLVED that pursuant to the
provisions of Chapter 17
(Community Preservation Fund)and.
Chapter 70(Agricultural Lands)of
the Town Code,the Town Board of
the Town of Southold hereby sets
Tuesday.March 26.2024,at 4:30
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 McCall Family
Holdings Limited Partnership.LLLP.
Said property is Identified as part of
SCTM#1000-115.-7-13.2.The
address is 19500 Route 25,
Mattituck,New York.The property
is situated on the southerly side of
Route 25/Main Road,on the comer
of Locust Avenue.The property is
located within the Agricultural-
Conservation(A-C)Zoning District !
and is approximately 16.79t acres.
The proposed acquisition is for a
development rights easement on
part of the property,consisting of
approximately 14.76t acres
(subject to survey)of the 16.79t-
acre parcel.The 2.03t-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$71,000(seventy-one
thousand dollars)per buildable
acre,estimated at$1,047,960.00
(one million,forty-seven thousand,
nine hundred sixty dollars)for the
14.76t-acre easement.Purchase
price will be adjusted at time of
closing based on final survey
acreage determination,plus
acquisition costs.
The property is listed on the Town's
Community Preservation Project
Plan as property that should be
preserved due to Its agricultural
value.
FURTHER NOTICE is hereby given
that a more detailed description of
the above-mentioned parcel of land
is on file in Land Preservation
Department,Southold Town Hall
Annex,54375 Route 25,Southold,
New York,and may be examined
by any interested person during
business hours. -
DATED:MARCH 12,2024
BY ORDER OF THE TOWN BOARD
DENIS NONCARROW
SOUTHOLD TOWN CLERK
MARCH 26, 2024 REGULAR MEETING 36
� 1 COUNCILWOMAN JILL DOHERTY: Okay.
2 SUPERVISOR AL KRUPSKI JR. : So now
3 I ' ll entertain a motion to close the
4 hearing?
5 COUNCILMAN GREG DOROSKI : I ' ll make
6 that motion to close the hearing .
7 COUNCILWOMAN ANNE SMITH: Second.
8 SUPERVISOR AL KRUPSKI JR. : All in
9 favor?
10 COUNCILWOMAN JILL DOHERTY : Aye .
11 COUNCILMAN GREG DOROSKI : Aye .
12 COUNCILMAN BRIAN MEALY : Aye .
13 COUNCILWOMAN ANNE SMITH: Aye .
14 JUSTICE LOUISA EVANS : Aye .
15 SUPERVISOR AL KRUPSKI JR. : Aye .
16 * *** ****************** *** ****** *********
17 MCCALL FAMILY HOLDINGS LIMITED
18 PARTNERSHIP, LLP
19 COUNCILMAN GREG DOROSKI : All
20 right . So the third public hearing that
21 we are holding tonight again, I 'm going
22 to summarize, , is for a development
23 rights acquisition, the McCall
24 Development Rights Acquisition. And
25 I ' ll read the property. It ' s at 19500
MARCH 26, 2024 REGULAR MEETING 37
1 Route 25, Mattituck, New York . It ' s on
2 the south side of Route 25 . It ' s
3 currently located within the
4 Agricultural Conservation, AC Zoning
5 District, where the parcel itself is
6 16 . 79 acres . We ' re purchasing the
7 development rights of 14 . 76 acres and
8 leaving 2 . 03 of a reserve area . I ' ll let
9 our special assistant, the supervisor,
10 and land preservation go through and
11 describe this . In the folder, though,
12 before we get to that, I have a copy of
13 the posting of the affidavit on the back
14 bulletin board by our Town Clerk, Denis
15 Noncarrow. I have an Affidavit of
16 Publication in the Suffolk Times, a copy
17 of the legal notice, and a copy of the
18 resolution . That ' s what I got .
19 SUPERVISOR AL KRUPSKI JR. : All
20 right . Before we take public comment,
21 Lily, could you come up and make your
22 presentation?
23 LILLIAN McCULLOUGH : So good
24 evening . I 'm Lilly McCullough, the
25 Southold Town Land Preservation
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MARCH 261 2024 REGULAR MEETING 38
1 Executive Assistant . The property we ' re
2 talking about today is 19500 Main Road
3 in Mattituck, New York . It ' s the
4 property outlined in red on the map here
5 in the room, and on Zoom. It ' s located
6 on the corner of the Main Road and
7 Locust Avenue . It ' s about 16 . 79 acres,
8 and it ' s located in the Agricultural
9 Conservation Zone . So as proposed, the
10 Town would acquire a roughly 14 . 76 acre
11 development rights easement . Limiting
12 use of the property easement area to
13 agricultural production, using Community
14 Preservation Funds at $71 , 000 an acre .
15 The dashed white line on this map
16 represents the two acre reserve area,
17 which is in the southeast corner of the
18 property, fronting on Locust Avenue .
19 And development rights would remain
20 intact in that area . All of these
21 areas, by the way, are subject to
22 survey. So the estimated purchase price
23 is $ 1, 047 , 960 . The farm contains 1000
24 prime agricultural soils . It borders
25 active farmland to the south and the
MARCH 261 2024 REGULAR MEETING 39
1 east, if you look at the map . The white
2 labels indicate preserved land, land
3 that ' s preserved either by the Town or
4 County through both development rights
5 acquisition programs and open space
6 preservation programs . If you just look
7 solely on the south side of the Main
8 Road here, you can see that this
9 property is the western end of a
10 significant block of active agriculture .
11 And it ' s book ended on the east by Downs
12 Farm Preserve, Peconic Land Trust, open
13 space easement, and Downs Creek . So it
14 borders 226 acres of active farmland.
15 185 of which are preserved, and there
16 are 66 . 4 acres of preserved open space,
17 and you can see how north of Depot
18 Creek . This project would bring our ,
19 total to 3, 035 acres of preserved
20 farmland through the Town program. And
21 I would like to thank the landowner, who
22 has been a long time proponent and
23 partner for preservation in town and
24 farming here in Southold. And he gave
25 us this opportunity to preserve a really
MARCH 26, 2024 REGULAR MEETING 40
1 important piece and a significant block
2 of agriculture . And I ' d also like to
3 thank Holly Sanford and the folks at the
4 Peconic Land Trust, who recognized you
5 know the threat of development here and
6 acted quickly to coordinate with the
7 landowner, and the Town to design this
8 project and keep it as a working farm.
9 So I 'm pleased to present this project
10 to you all today. It ' ll keep an active
11 farm in agriculture and the Land
12 Preservation Committee and I , ask the
13 Town Board to proceed with this
14 acquisition .
15 SUPERVISOR AL KRUPSKI JR. : Thank
16 you, Lily. Great presentation . Does
17 anyone like to speak to this proposal?
18 (No Response) All right . Seeing
19 none . Is there a motion? Is there
20 anyone? thank you . Yeah, go ahead.
21 BILL EDWARDS : Thank you . Bill
22 Edwards, Mattituck . I ' ve been selfishly
23 concerned as somebody who lives in the
24 neighborhood, in the hope that all that
25 open space that on both sides of Locust
MARCH 26, 2024 REGULAR MEETING 41
1 got preserved . Because I think 25,
2 50 -- well , I won ' t be here 25 years
3 from now, but 50 years from now,
4 there ' ll be farmland in one of the most
5 visible places in Southold Town . And I
6 think this is a great coup for the Town,
7 and obviously for the McCall Family. And
8 I am -- this is probably of all the --
9 and I ' ve been involved with land
10 preservation in this town for a long
11 time or interested. And I would argue
12 that this isn ' t going to be one of the
13 real triumphs that people look back on .
14 Congratulations .
15 SUPERVISOR AL KRUPSKI JR. : Thank
16 you. Thank you for that .
17 COUNCILMAN BRIAN MEALY : Bill,
18 thank you for your service to the town
19 and reminding us what ' s important . In
20 every conversation I ' ve had with you,
21 I ' ve gotten a little smarter . So thank
22 you for being that person that we can
23 ask questions to, and for your service .
24 SUPERVISOR AL KRUPSKI JR. : All
25 right . So there ' s no other comment and
MARCH 26, 2024 REGULAR MEETING 42
1 there is none on the computer?
2 COUNCILMAN GREG DOROSKI : So I ' ll
3 make a motion we close the public
4 hearing .
5 COUNCILWOMAN JILL DOHERTY : Second.
6 SUPERVISOR AL KRUPSKI JR. : All in
7 favor?
8 COUNCILWOMAN JILL DOHERTY : Aye .
9 COUNCILMAN GREG DOROSKI : Aye .
10 COUNCILMAN BRIAN MEALY : Aye .
11 COUNCILWOMAN ANNE SMITH: Aye .
12 SUPERVISOR AL- KRUPSKI JR. : Aye
13 ******* *** *** *************** ************
14 PUBLIC COMMENTS
15 SUPERVISOR AL KRUPSKI JR. : So now
16 is there anyone who ' d like to address
17 the Board?
18 ROBERT DUNN : Robert Dunn again . I
19 didn ' t want to muddle a conversation
20 before about the batteries . But I mean,
21 this is obviously a big -- I agree with
22 moratorium. I 'm fine with it . But
23 obviously, there ' s a big discussion on
24 about these batteries . There ' s many
25 other options for batteries . And like it
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RESOLUTION 2024-311
ADOPTED DOC ID: 20104
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-311 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 26,2024:
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 McCall
Family Holdings Limited Partnership, LLLP on the 26th day of March 2024, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM#1000-115.-7-13.2. The address is
19500 Route 25,Mattituck,New York. The property is situated on the southerly side of Route
25, on the corner intersecting with westerly side of Locust Avenue. 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 14.76± acres (subject to survey) of the 16.79± acre parcel.
The 2.03±-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
r
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $71,000 (seventy-one thousand dollars) per buildable acre, estimated at $1,047,960.00
(one million, forty-seven thousand, nine hundred sixty dollars) for the 14.76±-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
Resolution 2024-311 Board Meeting of March 26,2024
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 SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
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
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by McCall Family Holdings Limited
Partnership, LLLP, identified as part of SCTM#1000-115.-7-13.2. 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.
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
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Updated: 3/26/2024 2:44 PM by Lynda Rudder Page 2
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RESOLUTION 2024-311
�® ADOPTED DOC ID: 20104
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-311 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 26, 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 McCall
Family Holdings Limited Partnership, LLLP on the 26th day of March 2024, at which time all
interested parties were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM#1000-115.-7-13.2. The address is
19500 Route 25, Mattituck,New York. The property is situated on the southerly side of Route
25, on the corner intersecting with westerly side of Locust Avenue. 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 14.76± acres (subject to survey) of the 16.79f acre parcel.
The 2.03±-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 $71,000 (seventy-one thousand dollars) per buildable acre, estimated at $1,047,960.00
(one million, forty-seven thousand, nine hundred sixty dollars) for the 14.76f-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
Resolution 2024-311 Board Meeting of March 26,2024
--- -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 SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
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
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by. McCall Family Holdings Limited
Partnership, LLLP, identified as part of SCTM #1000-115.-7-13.2. 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.
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
Updated: 3/26/2024 2:44 PM by Lynda Rudder Page 2
O�t;�V�lR li
OFFICE LOCATION: Qy` Ifj S, MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 �� Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) vs
G Telephone:631 765-1038
Southold,NY 11971 ® �4
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM AA 2
To: Town of Southold Town Board D y ,VA0M d _
10
From: Mark Terry,AICP -
Assistant Town Planning Director
LWRP Coordinator
Date: March 20,2024
Re'. Town of Southold Development Rights on Land Owned by McCall Family Limited Holdings
Partnership,LLLP
SCTM 1000-115:7-13.2
This proposal is to purchase development rights on land consisting of approximately 14.76f acres on a
parcel totaling 16.79±acres for open space purposes.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon
the information provided on the LWRP Consistency Assessment Form submitted to this department as
well as the records available to me, it is my recommendation that the proposed action is CONSISTENT
with the Policy Standards and therefore is CONSISTENT with the LWRP.
Please contact me at(631)765-1938 if you have any questions regarding the above recommendation.
Cc: Paul DeChance,Town Attorney
Lillian McCullough,Land Preservation Executive Assistant
OFFICE LOCATION: MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 ova � � Southold,NY 11971
(cor.Main Rd.&Youngs Ave.) ,
Southold,NY Telephone:631 765-1938
www.southoldtownny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM � gQ
To: Town of Southold Town Board
From: Mark Terry,AICP ;�,av p51=RVATtort oE�?own`of SouEhoid; ._ _
Assistant Town Planning Director
LWRP Coordinator
Date: March 21, 2024
Re SEQRA Review for Purchase a Development Rights Easement on Property Owned by McCall
Family Limited Holdings Partnership,LLLP
SCTM 1000-115.-7-13.2
This proposal is to purchase development rights on land consisting of approximately 14.76f acres
on a parcel totaling 16.79+acres for open space purposes.
The proposed action has been reviewed to New York State Department of Environmental Conservation
regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that
pursuant to Part 617.5c(39),the action proposed is a Type 11 action and therefore,not subject to SEQRA
review.
617.5(c)(39) "an agency's acquisition and dedication of 25 acres or less of land for
parkland, or dedication of land for parkland that was previously acquired, or acguisitiag
,'a eanservatzon easement.;
Please contact me with any questions.
Cc: Paul DeChance,Town Attorney
Lillian McCullough,Land Preservation Executive Assistant
Short Environmental Assessment Form
Part I -Project Information
Insfructionsfor_,'Gomdletin�
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application-for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
McCall Family Holdings Limited Partnership, LLLP,Town Purchase of a Development Rights Easement
,Project Location(describe,�and attach a location map)t"':
19500 Main Road,Mattituck;SCTM#1000-115:7-13.2
Brief Description of Proposed Action:
Town purchase of a development rights easement on 14.76+!-of the 16.79+/-acre property.
I f
Name of Applicant or Sponsor:PP P Telephone: (631)765-5711
Southold Town Board E-Mail:
lillianm@southoldtownny.gov
_
Address:
54375 Route 25,P.O.Box 1179
City/PO: :State: Zip Code:
Southold 'NY 1.1,97t
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance,
NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that
may be affected in the municipality and proceed to Part 2. If no,continue to question 2. -
2. --Does the proposed action require a permit,approval or funding from any other government Agency? NO-
If Yes,list agency(s)name and permit or approval:
3. a.Total acreage of the site of the proposed action? 14.76+/-acres
b.Total acreage to be physically disturbed? olacres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 16.79-+/-acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban Rural(non-agriculture) ❑ Industrial m Commercial m Residential(suburban)
❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify):
Parkland
Page 1 of 3 SEAF 2019
F 5. Is the proposed action, _ NO ;YES
a. A permitted use under the zoning regulations?
3
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?
Q
`;7. Is the site of the proposed action located in,or doe's it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
0 a:
NO YES
8. a. Will the proposed action.result in a substantial increase in traffic above present levels?
F
' b. Are public transportation services.available at or near the site of the proposed action?
0 0:
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed 0 9. 'Does the proposed action meetor exceed the state energy"code requirements? NO, YES
If the proposed action will exceed requirements,describe design features and technologies:°
0 0
10. Will the proposed action connect to an existing public/private water supply? NO `YES
If No,describe method for providing potable water:
N/A
`11: Will the proposed action connect to existing wastewaterrvutilities?
NO ;YES':
If No,describe method for providing wastewater treatment:, _
N/A
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` ❑;i!
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 0 0'
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 prop osed_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?
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: .R
=f
ss
Page 2 of 3
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:
❑Shoreline ❑ Forest m Agricultural/grasslands ❑Early.m id-success ional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or _NO YES.
Federal government as threatened or endangered?
o a .
16. Is the project site located in the']00-year flood plan? NO. YES
17. Will the proposed action create storm water discharge,either from point or non-point sources?
NO . YES
If Yes,
Y
a. Will storm water discharges flow to adjacent properties? D
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? EJ El
If Yes,briefly describe:
18.-"Does the proposed action include"construction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.;retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment:_ -
a at .
- .1.9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO .YES.
management facility?
If Yes,describe: -
a <�
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed)for hazardous waste?
If Yes,describe. - -
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant/sponsor/name: .Lillian eMcCullough p Date:3/18/2024
Signature: i� 1 �C. -I e tu.QM1�= Title:Land Preservation Executive Assistant
PRINT FORM Page 3 of 3
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CLOSING STATEMENT
McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP
to TOWN OF SOUTHOLD
SCTM #1000-115.-7-13.2
Total Development Rights Easement— 14.77 acres
Total Parcel Acreage — 16.79 acres
Premises: 19500 NYS Route 25, Mattituck, New York
Contract Executed: March 27, 2024
Closing Date: May 30, 2024
Southold Town Hall Annex
Purchase Price of $1,048,670.00 (based upon 14.77 buildable acres @ $71,000
per buildable acre) disbursed as follows:
Payable to McCall Family Hldgs Ltd Partnership LLLP $ 1,048,670.00
(5130/2024)
Expenses of Closing:
Appraisal
Payable to Lawrence Indimine Consult Corp $ 4,500.00
(1/16/2024)
Survey
Payable to Michael W Minto, LSPC $ 4,600.00
(7/2/2024)
SCTM #1000-115.-7-13.2 initial survey - $3800
SCTM #1000-115.-7-13.2 update for utility - $ 700
Environmental Report (Phase I ESA)
Payable to Cashin Associates PC $ 1,200.00
(4/23/2024)
Title Report #7404-018049
Payable to Fidelity National Title Ins Services $ 5,819.00
(5/30/2024)
Title Insurance Policy $ 4,452.00
Municipal Totals $ 162.00
Recording Service Fee $ 50.00
Recording Charges TP-584 $ 650.00
C&R's $ 505.00
Refund check recording fees $ 463.75
Title Closer Attendance Fee
Payable to Robert DeFrese $ 250.00
(5/30/2024)
Those present at Closing:
Albert J. Krupski, Jr. Southold Town Supervisor
Mary C. Wilson, Esq. (via phone, if needed) Attorney for Town of Southold
Russell C. McCall Seller
Abigail A. Wickham, Esq. Attorney for Seller
Robert DeFrese Title Company Closer
Lilly McCullough Land Preservation Executive Assistant
Cathy Kreshon Senior Office Assistant
Lawrence Indimine Consulting Corp. Invoice
.8 Bailey Lane
Date Invoice#
Manorville,NY 11949
(631) 979-2735 11/10/2023 1319
Bill To
Town of Southold
Department of Land Preservation ���❑�D
PO Box 1179
Southold,NY 11971-0959 W
Gov � a 2023
DEPT
LAIND o E of Southold
Description Amount
Appraisal of Property of Fred Koehler(Russ McCall-Contract Vendee) 4,500.00
Located at 19500 Main Road,Mattituck,NY
SCTM#1000-115.00-07.00-013.002
File#23080
r Thank you for your business.
Total $4,500.00
1 '
Michael W. Minto L.S.P.C. Invoice
87 Woodview Lane
- Date Invoice#
Centereach N.Y. 11720
631-580-1202 4/23/2024 24-0275
Bill To
TOWN OF SOUTHOLD
P.O.No. Terms Project
Quantity Description Rate Amount
UPDATED SURVEY FOR 19500 MAIN ROAD MATTITUCK 3,800.00 3,800.00
Total $3,800.00
Michael W. Minto L.S.P.C. Invoice
87 Woodview Lane
Centereach N.Y. 11720 Date Invoice#
631-580-1202 6/11/2024 24-0450
Bill To
TOWN OF SOUTHOLD
P.O.No. Terms Project
Quantity Description Rate Amount
EASEMENT UPDATE FOR 19500 MAIN ROAD MATTITUCK 700.00 700.00
i
Total $700.00
•. r
Cashin *-C
tes, P.C.
ENGINEERING• PLANUCTION MANAGEMENT
.
Lillian McCullough
Town of Southold
54375 State Route 25
PO Box 1179 April 12,2024
Southold,NY 11971 Project No: 24000.008
Invoice No: 0324041
Phase I Environmental Site Assessmerit for property located at 19500 Route 25,Mattituck,
NY SUM#1000-15.7-13.2
Professional Services from April 4.2024 to April 12,2024
Fee 1,200.00
Total this Invoice $1,200.00
1200 Veter ane Memorial Highway-Hauppauge,NY 1 1 786-631-346-7BOO-FAX 631-348-7801
www.casHnassociates.com
7404-018049
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: 7404-018049 lClosing Date: 05/30/24 Closer: Robert DeFrese itle Closer 631 835-3709
Applicant: Town of Southold Land Preservation Dept. Lender:
Buyer: Town of Southold Lender Attorney:
Seller: McCall Family Limited Partnership,LLLP Seller Attorney: Wickham,Bressler&Geasa,PC.
Premises: 19500 Route 25 County: Suffolk
Mattituck,NY 11952
Fee Amount: $1,048,670.00
Mortgage Amount: $0.00 4 ,° a , 3 9 a° � �:ah`>". 4
COMPANY,CHARGES_ . ` Amount: Bu er Seller: Lender:
Fee Premium$1,048,670.00 $4,452.00
Municipal Totals-See Attached $162.00
Recording Service Fee-Buyer $50.00
Total Company Charges: $ $ $ $
RECORDING„TAXES �, �, d°Amount: q b .. °Seller, ..uk,.. ., °Lender:
CPF Tax Exempt
Conveyance Tax Exempt
Total Recording Taxes:
RECORDING..CHARGES4 ':Amount M oih' Bu'er.� Seller: Lender:
Easement w/TP-584 Form $650.00
Covenants and Restrictions $505.00
Total Recording Charges: $1,155.00
ESCROW&EXCHANGES. ESC '7 'Amount: y Bu er: Seller: Lender:
Title Closer $250.00
Total Escrow&Exchange Charges: $250.00
t
OTALrCXIARGES:
CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC
Fir,
Total Checks $
LIST'ALLOTHER CHECKS;�'' n. � .. a � ..��'� � .�:�
R
�:Check No:: mount._ ,
otal Other Checks $
OTAL COLLECTEDf t.;ti m
1 .
NY Title Bill Page 1 012 (7404-018049/57)May 28.2024 02:17 PM
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Illllll IIII IIIII IIIII IIIII IIIII III Illllllllllllllllll •R���°"'�
' ,UU 1 7 2024
I Illlll Illll Illll llll Illl rr�
�D T �f souimdd
SUFFOLK COUNTY CLERK �OWn
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 05/31/2024
Number of Pages: 23 At: 10:29:07 AM
Receipt Number : 24-0069838
TRANSFER TAX NUMBER: 23-32242 LIBER: D00013250
PAGE: 990
District: Section: Block: Lot:
1000 115.00 07.00 013.002
EXAMINED AND CHARGED AS FOLLOWS .
Deed Amount: $1,048,670.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $115.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $28.75 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 $388.75
TRANSFER TAX NUMBER: 23-32242
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
uu
.14umher of pages RECORDED
2024 May 31 10:24a07 AM
VINCENT PULED
CLERK OF
This document Will be'public SUFFOLK COUNTY
record. Please remove all L D00013250
990
Sdclal Security Numbers ' P prior to recording. DT# 23-3232242 .
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps
3 y, FEES
Page/Filing Fee I V Mortgage Amt.
1. Basic Tax —
Handling ?0. 00 2, Additional Tax —
TP-584 Sub Total
Notation SpecJAssit.
or
EA-5217(County) ' Sub Total j Spec./Add.
EA-5217(State) TOT.MTG.TAX
L Dual,Town Dual County
R.P.T.S A.
Held for Appointment
Comm.of Ed. 5. 00 Lae Transfer Tax
Affid �+ Mansion Tax
Ceitifie "'� The property covered by this mortgage:
or will be improved by a one or tw
NYS Surcharge 15. 00 family dwelling only.
Sub Total yLr,S' or NO
Other
*Grand Total • 1 / If NO,see appropriate-tax clause on
page# of ' ins e t
Ian
4 Dist./DOo 5325979 l000 ilsoa o7ao ol3ooz 5 Community Preservation Func
Real Property PM A R Consideration Amount$
Tax Service 31"MY IIIII IIIII IIIII IIIII Agency 'CPF Tax Due $ �M Verification
— -� --- — Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&.RETURN TO: \ Vacant Land
�
Yc7WN D�Sou7.Lo/� G4,vr.Q //'e�arUari'�/; �aF> :
TD
Sou-T lam, /U� 110/71
TD
At-rij., L11:4 e&.1/ou . CS�L
Mail to:Vincent Puleo, Suffolk County Clerk 7 Title Comipan-v Information
310 Center Drive, Riverhead, NY 11901 CoName
www.suffolkcountyny.gov/clerk Title# yo — •8-ocp
8 Suffolk Coun -Recordin •& Endorsement Page
This page forms part of the attached lei )_v4 &J z. made by:
(SPECIFY TYPE OF INSTR NT)
The premises herein is situated in
LLI P SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of o_zrL.o I
In the Vd I.AGB
or HAMLET of !/V l a--r-r-/=-c-14
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING:'
i�ume.mroet x (over)
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
30th day of May, 2024 at Southold, New York. The parties are, McCALL
FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP, with offices at 3370
Panthersville Road, Decatur, Georgia 30034 (herein called "Grantor"), and
the TOWN OF SOUTHOLD, a municipal corporation, having its principal office
at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959
(herein called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-115-7-13.2, more fully described in SCHEDULE "A" attached
hereto and made a part hereof and hereinafter referred to as the "Property"
and shown on the survey prepared by Michael W. Minto, L.S.P.C, dated April
19, 2024; and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
.agricultural production as defined in this Easement; and
WHEREAS, the Property is currently primarily used for agriculture; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Town's Master 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 resort and 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
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 FORTY EIGHT
THOUSAND SIX HUNDRED SEVENTY DOLLARS AND 00/100 ($1,048,670.00)
and other good and valuable consideration paid to the Grantor, the receipt of
which is hereby acknowledged, the Grantor does hereby grant, transfer,
bargain, sell and convey to the Grantee a Development Rights Easement,
which shall be binding upon and shall restrict the premises shown and
designated as the Property herein, more particularly bounded and described
on Schedule "A" annexed hereto and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the use and benefit of the Grantor, its legal
representatives, successors and assigns, the•fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Fidelity National Title Insurance Company Title
Report #7404-018049, and possesses the right to grant this easement.
2
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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
Georgia and is authorized under §64 of Town Law and §247 of the New York
State General Municipal Law ("General Municipal Law") to acquire fee title or
lesser interests in land, including development rights, easements, covenants,
and other contractual rights which may be necessary or desirable for the
preservation and retention of agricultural lands, open spaces and natural or
scenic resources.
0.03 Purpose
The parties recognize the value of the Property resulting from its
agricultural use and further recognize the common purpose of preserving
this value by limiting the uses of the Property. This instrument is intended
to convey a Development Rights Easement on the Property by Grantor to
Grantee, exclusively for the purpose of preserving its character in perpetuity
for its agricultural values, by preventing the use or development of the
Property for any purpose or in any manner contrary to the provisions hereof,
in furtherance of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law §247.
Similar recognition by the federal government includes §170(h) of the
Internal Revenue Code ("IRC") and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's agricultural and other resources and
to otherwise aid in identifying and documenting such values as of the date
hereof,'to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline
Documentation includes, but need not be limited to, a survey prepared by
Michael W. Minto, L.S.P.C., dated April 19, 2024, and a Phase 1
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Environmental Site Assessment dated April 15, 2024 by Cashin Associates,
P.C.
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 ("Laws"). 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.
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"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage. .
"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 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.
This Easement shall not nullify any encumbrances or instruments
recorded prior to this Easement, which shall remain in effect.
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ARTICLE TWO
SALE
Grantor for ONE MILLION FORTY EIGHT THOUSAND SIX HUNDRED
SEVENTY DOLLARS AND 00/100 ($1,048,670.00) and such other good and
valuable consideration, hereby grants, releases, and conveys to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee
hereby accepts this Easement in perpetuity, and undertakes to enforce it
against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the•Property except as
after review by the Southold Town Land Preservation Committee ("Land
Preservation Committee") for consistency with the Purpose and other terms
of this Easement, and as permitted under other applicable provisions of the
Town Code and Sections 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Minina
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.
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
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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.
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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
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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, Iivestock 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 agricultural
management practices.
3.08 Soil and Water \
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service ("NRCS").
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3.09 Drainatie
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
from or onto adjoining properties.
3.10 Lot Yield; Future Development
Except as may be 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.
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
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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
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.
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Notwithstanding the definition of agricultural production in Chapter 70
of the Town Code or any successor chapter, structures shall be prohibited
except as set forth in Section 4.06 herein and as permitted by the Town
Code now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect,
alter and maintain the following improvements on the Property, as may be
permitted by the Town Code and subject to review by the Town of Southold
Land Preservation Committee, provided the improvements are consistent
with and do not derogate from or defeat the Purpose of this Easement or
other applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property, or on adjoining
lands subject to a development rights easement or
other conservation instrument;
(ii) New construction, including drainage
improvement structures, provided such structures are
related to or accessory to agricultural production;
(iii) Renovation, maintenance, alteration, expansion and
'repairs of any existing structures or structures built or
permitted pursuant to this Section 4.06, provided the
primary purpose of the structure remains agricultural;
(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
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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 exist4ng
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 theconstruction 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
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.
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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
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.
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ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.02 and
6.03, or to permit access upon the Property by the public.
Notwithstanding the above, Grantee's use of drones shall be limited to
purposes of Enforcement of this Easement and to inspection under this
Easement when traditional means are not available, and shall occur only
with prior notice to Grantor and consent for same, which consent shall not
be unreasonably withheld.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be .liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not as a limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within thirty (30) days'
notice thereof by Grantee or such longer period as is reasonable during
which time Grantor is curing or attempting to cure such breach, default or
violation, taking into account extreme weather conditions or catastrophic
events (which such time period for notice is expressly waived by Grantor
with,respect to,any such breach, default or violation which, in Grantee's
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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
(Ili) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee reasonably deems necessary or
desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided,
however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right or
available remedy on Grantee's part with respect to such breach,
default, or violation or with respect to any other breach, default
or violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs.and other expenses incurred by
Grantee (herein called `Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within thirty (30) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered 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
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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 electronically to:
awickham@wgblawyers.com for the Grantor and to the Town Attorney and
the Land Preservation Coordinator for the Grantee, or such other address
provided to the other party by notice as set forth above. '
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the'value attributable to the residual agricultural value of the
Property. If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
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ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
7.02 Amendment .
This Easement may be amended only with the written consent of
Grantee and current owner of the Property and in accordance with any
applicable State and local laws. Any such amendment shall be consistent
with the Purpose of this Easement and shall comply with the Town Code and
any regulations promulgated hereunder, and shall be duly recorded.
This Easement is made with the intention that .it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h).
The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of §170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of those
property rights or interests which were acquired by-the Town prior to any
such amendment.
In addition to the limitations set forth above, Grantee shall have the
right to transfer all or part of this Easement to any public agency, or private
non-governmental organization, that at the time of transfer is a "qualified
organization" under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the
Grantee by this Easement, whereupon all references to Grantee shall be to
such entity.
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Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency
that agrees to assume the responsibilities imposed by this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective. \
7.05 Governing Law
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it., If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
18
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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 for such consideration and 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.
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.
19
l
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, maintenance and improvement, as may be-determined by the Town
Board and agreed to by the Grantor. Access by the general public in or on
motorized vehicles is expressly prohibited and no streets, roadways or other
rights-of-way or easements for vehicular use shall be constructed or granted
therein.
F. Access by the general public to the future Trail Easement shall
be only to and from contiguous greenbelt trails, public thoroughfares or
other such officially designated access points. Access to and upon adjacent
private lands shall be expressly prohibited. Nothing in the future Trail
Easement shall grant the general public the right to park vehicles on the
adjoining private property or roads.
Nothing herein shall require Grantor to grant a Trail Easement, nor shall this
Reservation create any restriction on the Property or the consideration
therefor, this provision being intended only to all such an easement grant
and to confirm that such grant shall not be deemed an alienation of
Development Rights granted by the Development Rights Easement.
7.09 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.10 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.11 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
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.
(SIGNATURE PAGE FOLLOWS):
20
ACKNOWLEDGED AND ACCEPTED:
MCCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP, Grantor
By: MCCALL FAMILY MANAGEMENT CO., LLL
By•
V
ek-5;j z
u sell C. McCall, M ager
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY:
Albert J. 16rupskl, ]r, Supervisor
STATE OF NEW YORK)
COUNTY OFSUFFOLK), SS.•
On the 3,6' day of /2-) in the year2024 before me, the undersigned,
personally appeared Russell C. McCall,personally known to me or proved to me on the
basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s)on the instrument, the
individual(s), or the person upon behalf of which the individuals)acted, executed the
instrument.
Signatur%ice of individual taking acknowledgement
Robe DeFmse
Notary Public State of New York
STATE OF NEW YORK ) R Qu"alif ed in o.001 kE50351 7
COUNTY OFSUFFOLK ) SS.' Comm County
ission Explros October 24,2028
On this 30 day of m in the year 2024 before me, the undersign ,
personally appeared Albert I. Krupsk,Jr,personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s)is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/herjtheir signatures)on the
instrument, the individual(s), or the person upon behalf of which the individual(s)
acted, executed the instrument.
Signatur%ice of individual taking acknowledgement
Robert DeFrese
Notary Public State of New York
Registration No.01 DE5035117
21 QualifCommission Countyd in Suffolk Expires Oct ber 2
C 2028
4 4
FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-018049
SCHEDULE A
(Description of the Land)
For Tax Map ID(s): 1000-115.00-07.00-plo 013.002
AMENDED 4/26/2024
ALL that certain plot, piece or parcel of land,situate, lying and being in the Town of Southold, at Mattituck, County of
Suffolk and State of New York, being bounded and described as follows:
BEGINNING at the comer formed"by the intersection of the westerly side of Locust Avenue with the southerly side of Main
Road and from said point or place of beginning;
RUNNING THENCE along the westerly side of Locust Avenue South 8 degrees 11 minutes 10 seconds West 776.24 feet;
THENCE North 86 degrees 08 minutes 00 seconds West 297.37 feet
I
THENCE South 8 degrees 11 minutes 10 seconds West 297.45 feet
THENCE North 86 degrees 08 minutes 00 seconds West 620.95 feet;
THENCE North 7 degrees 43 minutes 50 seconds East 224.53 feet;
THENCE South 89 degrees 28 minutes 40 seconds East 191.42 feet;
THENCE North 5 degrees 06 minutes 40 seconds East 820.26 feet to the southerly side of Main Road;
RUNNING THENCE easterly along the southerly side of Main Road South 87 degrees 26 minutes 20 seconds East 675.32
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: 04.25.24 @ 09:25 AM
Schedule A-1 Description W-FT-FRVli-01030.431004-SPS-1-24-7404-018049
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IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII II[
suN � � 2024 •
DOT
�ND down of So old
IIIIIII 11111111111111 IN
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 05/31/2024
Number of Pages: 10 At: 10:29:07 AM
Receipt Number : 24-0069838
LIBER: D00013250
PAGE: 991
District: Section: Block: Lot:
1000 115.00 07.00 013.002
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $50.00 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 $12.50 NO RPT $200.00 NO
Fees Paid $302.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
uu
Number of pages
RECORDED
2024 May 31 10:29:07 1119
UINCENT PULED
This document will be'public CLERK of
record. Please remove all SUFFOLK COUNTY
Sdcial Security Numbers ' L D00013250
prior to recording. P 991
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt.
Page/Filing Fee 1. Basic Tax —
Handling 20. 00 2. Additional Tax
TP-584 Sub Total —
Notation SpecJAssit.
Q or
EA-5217(County) ' Sub Total Spec./Add. —
EA-5217(State) MM _ TOT.MTG.TAX —
RP.T.S.A. �W— �,� Dual,Town Dual County
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit` Mansion Tax _
C•e • p, ;: The property covered by this mortgage 1
or will be improved by a one or tw
NYS Surcharge 15. 00 family dwelling only.
Sub Total YES ' or NO
Other
Grand Total If NO,see appropriate tax clause on
page# of thip in ent.
4 Dist.joocll 5325978 1000 11500 0700 013002
Q g Community Preservation Func
Real Property P T S Consideration Amount$
Tax Service R+ IIIII IIIII IIIII IIIII Agency 'CPF Tax Due $
Verification
--- — --- -- Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
6Jd— TD
'ID '
NLf 11g7t
TD
-rr"! McC,,llou A. e'rQ
Mail to:Vincent Puleo, Suffolk County Clerk 7 Ttle Comii)any Information
310 Center Drive, Riverhead, NY 11901 Co Name _20
www.suffolkcountyny.govlclerk Title#'' o - oY
g Suffolk Countv Recordin ,& Endorsement Page
This page forms part of the attached e.Due r_,�1TS c 5QST1,'[TioNS made by:
(SPECIFY TYPE OF INSTRUMENT)
J�frcprs6„P The premises herein is situated in
L.1U P SUFFOLX COUNTY,NEW YORK.
TO In the TOWN of �a Lz
In the VIU AGE
or HAMLET of M A-r-r,,-ru c. k
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INX ONLY PRIOR TO.RECORDING OR FILING:'
u•oiotiio/aekk (over)
r'
DECLARATION OF COVENANTS AND RESTRICTIONS
S
THIS DECLARATION, made as of.the 30th day of May, 2024, by McCall Family
Holdings Limited Partnership LLLP, with an address of 3370 Panthersville Road, Decatur,
Georgia 30034,hereinafter referred to as the"DECLARANT".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at 19500 Main
Road, Mattituck in the Town of Southold, County of Suffolk, and State of New York designated
as part of SCTM 41000-115.-7-13.2, 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 14.77 acres and
a Reserve Area (or Development Area) of 2.03 acres, both described in the metes and bounds
description attached as Exhibits"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
i
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 Reserve
Area (Development 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 Reserve Area(Development
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-
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"3.03 Subdivision
Except as provided in this Section 3.03,the Properly 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
partners, executor,trustee,heirs or next of kin by will or operation of law."
The Reserve Area (Development 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. j
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.
i
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.
1
l II
IN WITNESS WHEREOF, the DECLARANT above named has duly executed the
foregoing Declaration the day and year first above written.
MCCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP
By: McCall F Management Co.,LLC
Q 1%, era �
T': ussell (j. cCall, anager
STATE OF NEW YORK )
)ss.:
COUNTY OF SUFFOLK )
On the , O day of MAY , 2024, before me, the undersigned, personally
appeared Russell C. McCall,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 24,2026
r' r
Exhibit A
I '
,OVERALL DESCRIPTION:
ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold,at
Mattituck,County of Suffolk and State of New York,being bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side of Locust Avenue
with the southerly side of Main Road and from said point or place of beginning;
RUNNING THENCE along the westerly side of Locust Avenue South 8 degrees 11 minutes 10
seconds West 1,073.69 feet;
THENCE North 86 degrees 08 minutes 00 seconds West 818.32 feet;
THENCE North 7 degrees 43 minutes 50 seconds East 224.53 feet;
THENCE South 89 degrees 28 minutes 40 seconds East 191.42 feet;
THENCE North 5 degrees 06 minutes 40 seconds East 820.26 feet to the southerly side of Main
Road;
RUNNING THENCE easterly along the southerly side of Main Road South 87 degrees 26
minutes 20 seconds East 675.32 feet to the point or place of BEGINNING.
1
Exhibit B
�f
A
p / '
DEVELOPMENT RIGHTS EASEMENT AREA DESCRIPTION:
ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold,-at
Mattituck, County of Suffolk and State of New York, being bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side of Locust Avenue
with the southerly side of Main Road and from said point or place of beginning;
RUNNING THENCE along the westerly side of Locust Avenue South 8 degrees 11 minutes 10
seconds West 776.24 feet;
THENCE North 86 degrees 08 minutes 00 seconds West 297.37 feet
THENCE South 8 degrees 11 minutes 10 seconds West 297.45 feet
THENCE North 86 degrees 08 minutes 00 seconds West 520.95 feet;
THENCE North 7 degrees 43 minutes 50 seconds East 224.53 feet;
THENCE South'89 degrees 28 minutes 40 seconds East 191.42 feet;
THENCE North 5 degrees 06 minutes 40 seconds East 820.26 feet to the southerly side of Main
Road;
RUNNING THENCE easterly along the southerly side of Main Road South 87 degrees 26
minutes 20 seconds East'675.32 feet to the point or place of BEGINNING.
1
Exhibit C
i
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J
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j �Fyt9�
r
RESERVE AREA DESCRIPTION t
ALL that certain plot,piece or parcel'of land, situate, lying and being in the Town of Southold,at
Mattituck, County of Suffolk and State of New York,being bounded and described as follows:
BEGINNING at a point on the westerly side of Locust Avenue said point being 776.24 feet
southerly from the corner formed by the intersection of the westerly side of Locust Avenue with
the southerly side of Main Road;
RUNNING THENCE,,along the westerly side of Locust Avenue; South 8 degrees 11 minutes 10
seconds West 297.45 feet;
THENCE,North 86 degrees 8 minutes 00 seconds West 297.37 feet;
RUNNING THENCE North 8 degrees 11 minutes 10 seconds East 297.45 feet;
THENCE South 86 degrees.8 minutes 00 seconds East 297.37 feet to the point or place of
BEGINNING.
T
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ALTA OWNER'S POLICY OF TITLE INSURANCE
Policy Number.
m Fidelity National Title
Insurance Company 7404-018049
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation
(the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy,
against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of.
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against
loss from
(a) A defect in the Title caused by
(i) forgery,fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or
delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those
acts by electronic means authorized by law;or
(vii)a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but
unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be
disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes
encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the
Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to
building and zoning)restricting, regulating, prohibiting,or relating to
(a) the occupancy, use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to
enforce, but only to the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a
notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the
extent of the enforcement referred to in that notice.
Copyright American Land Title Association. All rights reserved. AMER D Tine
ASSOC14T(ON
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. 01
ALTA Owner's Policy(08117/2006) Printed: 05.28.24 @ 03:01 PM
NY-FT-FRVH-01030.431004-S PS-27306-1-24-7404-018049
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-018049
7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided,in the Conditions.
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: By:
Fidelity National Title Insurance Services, LLC
24 Commerce Drive
Riverhead, NY 11901
Tel: (631)727-0600 Fax: (631)727-0606 �Vxqf
Michael J.Nolan, President
Countersigned By: Attest:
Authorized Officer or Agent .�•�.,,� Marjorie Nemzura, Secretary
Date:
Fidelity National Title Insurance Services, LLC SEAL
Steven Zeikowitz,Authorized Signatory,
Authorized Signatory
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TME
ASfnC1AT10N
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(06/17/2006) Printed: 05.28.24 @ 03:01 PM
NY-FT-FRVH-01030.431004-SPS-27306-1-24-7404-018049
�f.
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-018049
SCHEDULE A
."'Date-of Policy Amountof Insurance.
May 30,2024 $1,048,670.00
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this Policy is:
Easement
3. Title is vested in:
Town of Southold
Easement made by McCall Family Holdings Limited Partnership, LLLP,who acquired title by deed from John
Koehler and David J. Koehler, Co-Executors of the Last Will and Testament of Frederick W. Koehler aka
Frederick W. Koehler,Jr. aka Buddy Koehler, Suffolk County Surrogate File#2021-5430 dated December 27,
2023 dated May 30,2024 to be recorded in the Suffolk County Clerk's Office.
4. The Land referred to in this Policy is described as follows:
See Schedule A(Continued),following.
AMEA[CAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
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 Owners Policy(06/17/2006) Printed: 06.30.24 @ 10:02 AM
NY-FT-FRVH-01030.431004-SPS-27306-1-24-7404-018049
\ fi FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-018049
SCHEDULE A
(continued)
AMENDED 4/25/2024
ALL that certain plot, piece or parcel of land,situate, lying and being in the Town of Southold,at Mattituck,County of
Suffolk and State of New York, being bounded and described as follows:
BEGINNING at the comer formed by the intersection of the westerly side of Locust Avenue with the southerly side of Main
Road and from said point or place of beginning;
RUNNING THENCE along the westerly side of Locust Avenue South 8 degrees 11 minutes 10 seconds West 776.24 feet;
THENCE North 86 degrees 08 minutes 00 seconds West 297.37 feet
THENCE South 8 degrees 11 minutes 10 seconds West 297.45 feet
THENCE North 86 degrees 08 minutes 00 seconds West 520.95 feet;
THENCE North 7 degrees 43 minutes 50 seconds East 224.53 feet;
THENCE South 89 degrees 28 minutes 40 seconds East 191.42 feet;
THENCE North 5 degrees 06 minutes 40 seconds East 820.26 feet to the southerly side of Main Road;
RUNNING THENCE easterly along the southerly side of Main Road South 87 degrees 26 minutes 20 seconds East 675.32
feet to the point or place of BEGINNING.
END OF SCHEDULE A
AN
Copyright American Land Title Association. All rights reserved. L Wn T n
' A]a0[IATIO\
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 Owners Policy(06/17/2(306) Printed: 05.28.24 @ 03:01 PM
N Y-FT-FRVH-01030.431004-SPS-27306-1-24-7404-016049
FIDELITY NATIONAL,TITLE INSURANCE COMPANY POLICY NO.7404-018049
SCHEDULE B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage,and the Company will not pay costs, attorneys'fees, or expenses that
arise by reason of:
1. Rights of tenants and persons in possession.
2. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer of title,premises are
subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of death or
the transfer from the owner entitled to the exemption and to whom such exemption was duly granted.
3. Company excepts sewer charges that have not been specifically included on the tax report herein.
4. Survey made by Michael W. Minto, L.S.P.C.dated 04/19/2024 shows:
agricultural field;fence up to 1.9 feet west and 5.4 feet onto Locust Avenue;fence at variation with southerly
record line; fence 7.2 feet east of westerly record line;fence up to 2.8 feet south of northerly record line
5. Company does not insure that fence up to 5.4 feet east onto Locust Avenue can remain, undisturbed, in it's
present location.
6. Declaration of Covenants and Restrictions dated May 30, 2024 to be recorded in the Suffolk County Clerk's Office.
7. Agreement in Liber 13249 Page 113.
8. Declaration in Liber 13249 Page 673.
END OF SCHEDULE B
AMERICAN American Land Title Association. All rights reserved. LAND TITLE
ARogArm\
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 Owners Policy(06117/2006) Printed: 05.30.24 @ 10:02 AM
NY-FT-FRVH-01030.431004-SPS-27306-1-24-7404-018049
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NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-94421 F:(518)402-90281 Landsforests@dec.ny.gov
www.dec.ny.gov
June 24, 2024
Land Preservation
Cathy Kreshon
PO Box 1179
Southold, NY 11971-0959
Dear Cathy Kreshon:
We received the following conservation easement(s) from you on June 18, 2024:
CE #: Suffolk, 0746
Grantor: McCall Family Holdings Limited Partnership LLLP
Deed: Book D00013250 Page 990
Recorded: May 31, 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 1RC 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.
NEWYORK Department of
STATE OF
OPPORTUNITY 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,
�onna .�o.�mes
Donna Holmes
Program Aide
Bureau of Real Property
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NEWYORK Akriculture
sTATE OF
OPPORTUNITY.
and Markets REMOVED
KATHY HOCHUL RICHARD A. BALL
Governor Commissioner J U L 1 6 2024
July 11, 2024
LAND PRESERVATION DEPT
Honorable Albert J. Krupski, Jr. Town of Southold
Town of Southold
PO Box 1179
Southold, NY 11971
Re: Waiver: Suffolk County Agricultural District No. 1, 14.77 Acres of Land for
Department of Land Preservation, Town of Southold
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 14.77 acres of land located in Suffolk County Agricultural
District No. 1. The documentation includes a waiver signed by:
Russell C. McCall, Manager, McCall Family Limited Partnership, LLLP
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.jtidy'fittrelf 'agricultu're'nygov.
Sincerely,
Judy Littrell
Associate Environmental Analyst
Cc: Ken Schmitt, Suffolk County AFPB
Division of Land and Water Resources 1013 Airline Dr.Albany,N.Y.,122351 518/457-37381 www.agriculture.ny,gov
McCall Family Holdings LLP Town of Southold Waiver
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gAFFQ( OFFICE LOCATION:
LILLIAN F.McCULLOUGH ���� .00, Town Hall Annex
LAND PRESERVATION 54375 State Route 25
EXECUTIVE'ASSISTANT .t (corner of Main Rd&Youngs Ave)
C! Southold,New York
lillianm@southoldtowuny.gov h
Telephone(631)765-5711 Gy �W MAILING ADDRESS:
a� P.O.Box 1179
�l 4 Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATIO_ N
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: May 30,2024
Re: McCall Family Holdings Limited Partnership, LLLP to TOWN OF SOUTHOLD
Development Rights Easement—14.77 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#: 1000-115.-7-13.2
LOCATION: 19500 Route 25,Mattituck
EASEMENT ACREAGE: 14.77 Acres
PROPERTY OWNER: McCall Family Holdings Limited Partnership, LLLP
CONTRACT DATE: March 27,2024
CLOSING DATE: May 30,2024
PURCHASE PRICE: $ 1,048,670.00 per contract
FUNDING: CPF 2%Land Bank
MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible
Parcels.
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COUNTY CLERK'S OFFICE
STATE OFNEW PORK
COUNTY OF SUFFOLK
The Clerk of the County of Suffolk and the Court of Record thereof do
hereby certify that l have compared the annexed with the original
AGREEMENT
recorded in my office on 05/1612024 under Liber D00013249 and.Page 113 and,
that the same is a true copy thereof,and of the whole of such original.
In Testimony Whereof,I have hereunto set my hand and affixed the seal of said County
and Court this 05/16/2024
SUFFOOLK COUNTY CLERK
C/ lotl -�
VINCENT PULED
SEAL
I IIILIII IIIL IIIII IIIII IIIII IIII(IIII(IIII IIIII IIII IIII
�llllll IIIII IIIII�IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
J
Type of Instrument: AGREEMENT Recorded: 05/,16/=4
Number of Pages: 5 At: 01:45:08 PM
Receipt Number 24-0063768.
LIBER; D000132.49
PAGE 1`13,
District: Section: Block:. Lot:
10Q0 115.00 07.00 013.002
EXAMINED .AND CHARGED AS FOLLOWS
'Received the Following Fees For Above .Instrument
Exempt Exempt
Page/Filing $25.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Affidavit $0.00 NO TP-584 $0.00 NO
Notation $0..00 NO Cert.:Copies, $6.25 NO
RPT $200.00 ENO
Fees Paid $271.25
�- THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT. A BILL
VINCENT PULEO
County Clerk, Suffolk County
❑1
RECORDED
Numberof.pages 2024I1ay 15 01:45:,00 Pil
Y VINCENT PULEO
K OF
This document will be public CLER
�UF FOLKCOUNTI
record. Please remove all L DOOOI.3249
Social Security Numbers P 116-
prior to.recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee.
Mortgage.Amt.
1.:Basic Tax
Handling 20. 00
2� Additional Tax
TP-584 Sub Total
Notation
Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add;
EA-5217(State) TOT..MTG.TAX
R.P.T.S.A. a�CO,n� DualTown Dual County
R.P:T _
Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit ► :" Mansion Tax
�ertifidCopy The property covered by this mortgage is
or will be improved by a one .or two
NYS Surcharge 15. 00 family dwelling only.
g Sub Total �'° . �• YES or N0.
Other
Grand Total A If NO,see appropriate tax clause on
page# of this instru ent.
4 DISt.� 5317190 1000 11500 0700 013002 02 5 Community Preservation.Fund
Real Proper) P T S Consideration Amount$
Tax Service R �aa A � �Agency CPF Tax Due, $
� r�
Verification
Improved
6 SatisfactionslDisc arges/Re eases List Property Owners Mailing Address'
RECORD'&RETURN TQ Vacantl-and
Attn:Abigail A.Wickham, Esq.
Wickham,Bressler&Geasa, P.C. TD
P.O.Box 1424
Mattituck,NY 1,1952 TD .
TD
Mall to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name
www.suffolkcouhtyny.gov/clerk Title#
B Suffolk County Recording &'Endorsement Page
This.page forms part of the attached Agreement for Water Lines and Appurtenances made
by: (SPECIFYTYPE:OF INSTRUMENT) 9 a
McCall:Family,Holdings Limited Partnership,LLLP The premises herein issituated in.
SUFFOLK COUNTY, NEW YORK.
TO In the.TOWN of,'Southold
McCall Family Holdings Limited Partnership,LLLP In the VILLAGE
or HAMLET of Mattituck.
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING..
over
AGREEMENT FOR
WATER LINES AND APPURTENANCES
THIS INDENTURE, made this 1-5 day of May, 2024 by'McCALL FAMILY
HOLDINGS LIMITED PARTNERSHIP,:LLLP, having an address of 3370 Panthersville
Road, Decatur, Georgia 30034, hereinafter"Owner".
Whereas, Owner owns real..property located at 19500 Main Road, Mattituck,
New York 11952; SCTM# 1000-115-7-13.2`(the"Property"), as more fully described in
Schedule A,attached hereto,and
Whereas, Owner wishes to grant a permanent and perpetual water line
installation area("Water Line Area")over the portion of the Property as described in
Schedule B attached hereto,for the installation and maintenance of a subsurface water
service line to be used solely for the purpose of providing water service.from the public
water distribution system for the Property.
W I T N E S S E T H.-
The Owner, in consideration of Ten Dollars($10.00)and other good and valuable
consideration;does hereby grant for itself and confirm that the Property is and shall be
encumbered by;
A permanent and perpetual right and reservation, running with the.land,;
consisting of the right to install,.operate,maintain,repair, remove and replace, at
Owner's.cost and expense,a subsurface water service line or lines,and,appurtenances
within the portion of Owner's Property described in Schedule B attached and made a
part hereof(hereinafter the"Water Line Area").
The water service lines installed pursuant to,this agreement shall'be used for
the purpose of transmitting water from the publicwater distribution system across and
for the benefit of the Property, and shall be and remain the personal property of the
Owner, its successors and assigns,forever.
Owner shall promptly and at its own cost and expense after any installation,
repair or maintenance,'restore the Water Line Area to the condition which existed prior
to the installation of service line or lines and after each exercise of its right to maintain;
repair, remove or replace the service line or lines if activity disturbs the Water Line Area.
This agreement shall not preclude the installation and maintenance of water
distribution lines for water service within the Property.
This Reservation shall be forever binding upon Owner,.its.successors and
assigns,for the benefit of the Property,and Owner, its successors, and assigns..
IN WITNESS WHEREOF,the Owner has hereunto executed this Agreement on the
day and year first above.written.
.
`
'
/
\ '
'
`
Grantor: McCALL FAMILY HOLDINGS ITEDpARTNERSH|P, LLLP
By: McCall Family Management LUC.General Partner
P» C
C,'r/
Noma: Ru0moUC YNuCoU/ NYanan4
8tate`of0BNYORK }
County of Suffolk }oo.:
4^
On the 6L day of May,,2024, before me,the undersigned: a Notary Public in and for
said state,,personally appeared RUSSELL C McCALL
personally known to me or proved0omoon the basis nf satisfactory evidence 1nbethe
� individual whose name is subscribed to the within instrument and acknowledged to me
that he/she executed the same inhis/her capacity,and that by his/her signature onthe
instrument,the individual xe uted the instrument.
—Not Public
av
Notary Public,State of New Yo*
No.sg-4642871
Qualified In Suffolk County
---_—n Expires_—'`-.�~ `
GchoduleA—Description of Property
SchedukeB—DeocripUVn of Water Line Area
'
`
"
SCHEDULE A
(Description of the Land—Entire.Parcel)
For Tax Map ID(s):1000-115.00-07.00-013.002
ALL that certain plot,piece or parcel of land,situate,lying and being in the�Town of Southold,at
Mattituck,County of`Suffolk and State'of New York,being bounded and described as follows:
BEGINNING at the comer formed by the intersection.of the westerly side of Locust Avenue with the
southerly side of;Main Road and from said point or+place of beginning;
RUNNING THENCE.along thewesterly'side of.Locust Avenue South.8 degrees I minutes 10 seconds
West 1073.76 feet(deed) 1073.69 feet(actual);
THENCE North 86 degrees 08 minutes 00 seconds West817:75'feet(deed);;818.32 feet(actual);
THENCE North 7•degrees 43 minutes 50 seconds East 225.14 feet(deed);224.53(actual);
THENCE'South,89 degrees.28 minutes 40 seconds'East'l91.42 feet;
THENCE North 5 degrees 04 minutes 10 seconds East 819.64 feet(deed);820.26 feet(actual)to the
southerly side of Main Road;
RUNNING THENCE.easterly,along the southerly side of Main Road South 87 degrees.26 minutes 20
seconds.East 675.36feet(deed);675'.32'feet(actual)to the point or place of:BEGINNING.
SCHEDULE B—Water Line Area
McCall 1000-116.00-07.00-013.002
ALL that,certain plot,pleceor parcel of land,situate,lying and being in-the Town of Southold,at
MattitUck;County of Suffolk and State of New York,being bounded and described as follows:
BEGINNING at the corner formed by the intersection of the westerly side.of,Locust.Avenue with the
southerly side of Main Road(NYS.Route 25),and from said,pp.int or place of beginning,
RUNNING THENCE along the westerly side of Locust Avenue South 8 degrees 11 minutes 10.seconds
West 1013.69 feet;
THENCE North 86 degrees 08 minutes 00 seconds West 30.00 feet;
THENCE North 8 degrees 11 minutes 10 seconds East 1074 feet.more or less,to the southerly side of
'Main Road(NYS Route 25);
THENCE South 87'degrees 26 minutes 26,sedonds East,3d.00,feet,more or less,to the point or place of
Begiming.
OLIWII IIN 01EGED GY PRISED dUBE 11;2024 WMIC,k JOB 0 24-W THE,EXISTENCE OF RIGHTS OF WAY UNAUTHORIZED ALTERATION OR;ADDITION
AND/OR EASEMENTS OF RECORD IF TO THIS SURVEY IS.A VIOLATION OF
ANY, NOT SHOWN ARE NOT SEC7ION•7209 OF THE NEW YORK STATE
GUARANTEED. EDUCATION LAW.
Total Area-731,420 at. COPIES,OF THIS.SURVEY MAP NOT BEARING
7 Premises known as: THE'LAND SURVEYOR'S INKED.SEAL OR ..
or 16.79 Acres EMBOSSED SEAL SHALL NOT BE CONSIDERED
# 19500 Main Road, Maftituck TO BE A VALID TRUE COPY,
GUARANTEES INDICATED L EIREON SHALL•RUN
ONLY TO THE PERSON'FOR WHOM THE;SURVEY
IS PREPARED,.AND ON HIS BEHALF TO THE
TITLE COMPANY,GOVERNMENTAL AGENCY AND
LENDING INSTITUTION,LISTED HEREON,AND'
TO THE ASSIGNEES OF THE LENDING INSTI—
TUTION. GUARANTEES ARE.NOT TRANSFERABLE.
Main Road S.R. 25
alpha@.poremenl
ugly Pole U ft Pole 10y pate .fence
Found sins
c P°.o. atady pole W1Ry Comer
- Monument - ' aleh basic W pole 9.3GO¢ed --1 Pmm nl eQ a and cub(bP) 675.32'Pordl �u• Found
wood 4 wire fence RAW:Hm Residence
-1 "gn
FILED MV.UNE
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Fii1sUn9,Agncu@u11l Feld
Found
mend Development` a I
Rights Easement k6a a ,
643,21t1 st.or 1477.Acree
9 It fir Q
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chain Gdl fence 9 I
gF,S89'28'40"E Found 4. N see Ds'oG E _ 2sl.ai
FILEDuaP LINE 2.Z'N :191.42.' Rebar - -ft
g W we wh,fence aF W&W n g
•8 N •a' on 711e O.J$ N� P/o TAX LOT 13.oa2 53
W o�y o.sT- I ee d� i er
$o g
o el0.
6 N' o
t320.95' wood&wire fence 1
818.32' 2sz32•
Blossom 817.75'peed - - yule
N86 08'0o"W 0•2'W
Bend 'tMw pR FUN AERVX3ROBERT.661 9 SOOR brf 0F IdEBy��
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Certified to:
Boundary Survey of Described Property
TOWN OF SOUTHOLD 2�QOS v�J4 situate at
MOCALL FAMILY HOLDINGS LIMITED PARTNE HI��"Lt1LP s �attltuCk
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Town of Southold
Suffolk County,,. New York
Michael W. M2ntoi L.S.P.G. District 1000 Section 115 Block 7 P/0 Lot 13.002
LICENSED PROFESSIONAL LAND SURVEYOR NEW YORK STATE LICENSE NUMBER 050871 Scale 1"= 1 50' Surveyed April 19, 2024
87 Woodview -Lane
Centereach, N.Y 11720 GRAPHIC SCALE
a PHONE/FAX: (631) 580—.1202 45 0 75 iso Poo eoo
CELLULAR;, (631) 766-9714
/ �► \((( EMAIL: mlkemintGlspc®gmall.com ( IN FEET)
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DRAWN MM CHECKED MM I 'REVISED JUNE 11, 2024 DRAWING & JOB NO. '24-450A THE EXISTENCE OF RIGHTS OF WAY UNAUTHORIZED ALTERATION OR ADDITION
AND/OR EASEMENTS OF RECORD IF TO THIS SURVEY IS A VIOLATION OF
ANY, NOT SHOWN ARE NOT SECTION 7209 OF THE NEW YORK STATE
GUARANTEED. EDUCATION LAW.
Total Area= 731,420 al. COPIES OF THIS SURVEY MAP NOT BEARING
Premises known as: THE LAND SURVEYOR'S INKED SEAL OR
or 16.79 Acres EMBOSSED SEAL SHALL NOT BE CONSIDERED
# 19500 Main Road, Mattituck TO BE A VALID TRUE COPY.
GUARANTEES INDICATED HEREON SHALL RUN
ONLY TO THE PERSON FOR WHOM THE SURVEY
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI—
TUTION. GUARANTEES ARE NOT TRANSFERABLE.
Main Road S.R. 25
asphalt pavement
utili pole fence
signs p utility pole utility pole utility pole utili comer
Found S8T26'20"E tY pole utility pole 2.8S
Monument catch basin 675.36' Deed t.9'W
pavement ed a and curb (typ) 675.32' Found
porch w02 wood & wire fence Rebar
N> > Residence
13 F k 3 ti ► 30.06'
9m o $„ I sign
LL
N
�00
FILED MAP LINE � ='
N go
O
fDi ~ c cQ I y
u
o a I
z Existing Agricultural Feld
Ul
G 3� 3 I I r c
O
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N p o !
W
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U
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LL 3 N I a
N
Found
Monument Development Rights Easement Area M 1 o
� 643,218 sf. or 14.77 Acres
Zj co la
d W — Q c0 I n
o
p N
O O 3 Op O 1 47
Zz 1 0
u�
chain link fence 'toy -9 I= J
~ S86'08'00"E I
c� S89'28'40"E '�P _ 2s7.37',3
Found a
FILED MAP LINE 2.7'N 191.42' ��� Rebar �, c
wood & wire fence CLF �\W&W
ern on line 0.fi E N I PLO TAX LOT 13.002
W&W 1
1
5.6 f N N IS �e9
NI CA
84 25Mo N W e�ptiP
91
o41I ��• NI N IMn
a .
I O ri
�+ 0.4 N z 520.95' wood & wire fence I 30.00'
818.32' 297.37'
Blossom '" 817.75' Deed gate
Bend of NEWS, TAX LOT 13.001 N86'08'00"W 4.4'E
.2'N
NOW OR FORMERLY ROBERT SIDOR
�V O
Certified to: �� °s Boundary Survey of Described Property
TOWN OF SOUTHOLD LAND SJ situate at
McCALL FAMILY HOLDINGS LIMITED PARTNERSHIP, LLLP Mattituck
FIDELITY NATIONAL TITLE INSURANCE COMPANY
Town of Southold
Suffolk County, New York
Michael W. Minto, L.S.P. C. District 1000 Section 115 Block- 7 P/0 Lot 1-3.002
LICENSED PROFESSIONAL LAND SURVEYOR
NEW YORK STATE LICENSE NUMBER 050871 Scale 1 "= 1509 Surveyed April 19, 2024
87 Woodview Lane
Centereach, N.Y. 11720 GRAPHIC SCALE
PHONE/FAX: (631) 580-1202 150 0 75 150 '300 600
CELLULAR: (631) 766-9714 \
W EMAIL: mikemintolspc®gmail.com
( IN FEET )
1 inch =, 150 ft.