The URL can be used to link to this page

Home My WebLink AboutPeconic Land Trust (Krupski) Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer 01 Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town,southold,ny.us MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Elizabeth A. Neville Town Clerk From: Melanie Doroski Administrative Assistant Date: November 1, 2004 Re: PECONIC LAND TRUST. INCORPORATED (Krupski) to TOWN OF SOUTHOLD Development Rights Easements = 24.038 acres SCTM #1000-95-4-p/o 9 (n/kla 9.2) - 4.3420 acres including 0.0874 acre right of way) SCTM #1000-95-4-10 (19.696 acres) Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Pages · Suffolk County Recording & Endorsement Pages · Original Grant of Development Rights Easement dated September 23, 2004, between Peconic Land Trust, Incorporated and the Town of Southold, recorded in the Suffolk County Clerk's office on 9/28104, in Liber 000012346 at Page 006 (SCTM #1000-95-4-9.2) · Original Grant of Development Rights Easement dated September 23,2004, between Peconic Land Trust, Incorporated and the Town of Southold, recorded in the Suffolk County Clerk's office on 928104, in Liber 000012346, at Page 005 (SCTM #1000-95-4-10) · Original Title Insurance Policy #26-031-92-95125 issued by Fidelity National Title Insurance Company of New York under title #04-3704-58855-SUFF in the insured amount of $170,184.00 (SCTM #1000-95-4-plo 9) · Original Title Insurance Policy #26-031-92-95126 issued by Fidelity National Title Insurance Company of New York under title #04-3704-58855-SUFF in the insured amount of $689,360.00 (SCTM #1000-95-4-10) · Closing Statement Thank you. Melanie encs. cc: Assessors wi copy of recorded deeds Jack ShelWood wi copy of recorded deeds and survey map Town Board wi closing statement Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTH OLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro Land Preservation Coordinator Date: SeßteR1Ber 21,2991 November 1, 2004 Re: PECONIC LAND TRUST (Krupski) to TOWN OF SOUTHOLD SCTM #1 000-95-4-p/o 9 and #1000-95-4-10 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 8900 Oregon Rd & 7155 Depot Lane, Cutchogue OWNER: Peconic Land Trust (Ann M. Krupski) PURCHASE DATE: Closing took place 9123104 PURCHASE PRICE: $859,544.00 4.2546 acres @ $40,000Iacre (#1000-95-4-plo 9) 19.696 acres @ $35,000Iacre (#1000-95-4-10) EASEMENT AREA: The two easements equaI2~.95ge acres [Correction - Total easement area = 24.038 acres that includes 0.0874 acre right of way] FUNDING: Community Preservation Funds MISCELLANEOUS: Two (2) acre Reserve Area was retained on SCTM# 95-4-9. (See attached sketch for clarification.) Peconic Land Trust purchased the property from Ann M. Krupski on 9123104. with funds from a revolving fund the PL T has access to. On the same day, PL T sold the development rights to the Town. PL T will be selling the farmland, on which the development rights are now owned by the Town, on the open market. g;;j~~l"t1~~[t!~.~;~'" ";:. n·:'_~~~~~.=~~~_=f - . -.. -- - - .- _~~:;:=---:-=.o-:-____-______-.-_- -~ ----- -- -. - - !!g!! ------- ----- SEE SEC. NQ. 083 ~() %, ----+-- - '- ---- --- ---2'------ ---~- -~ ..,:>,-() '"' ~. 1.1 51.2Arc) ,. o 14.3 28.5A TOWN OF SOUTHOLD fOEVELOI'M£NT RI(;HTSI 8.3A(CI " B.GA( 5.3 ~l.BA COUNTY OF SUFFOLK (DEV£LO!'IoIfNTRIGIITSI /~~'& ~ ~" '~ ~ '. ~ 5.2 S.DA @ " .- 3.1 26.1A --- 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTy CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 15 Receipt Number : 04-0107819 TRANSFER TAX NUMBER: 04-09033 Recorded: At: 09/28/2004 04:14:13 PM LIBER: PAGE: D00012346 006 Deed Amount: section: 095.00 EXAMINED AND $170,184.00 Block: 04.00 CHARGED AS Lot: 009.002 District: 1000 FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $45.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-584 $5.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $275.00 TRANSFER TAX NUMBER: 04-09033 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County ~ æ O~T ~ 6~ ,:, ~ ~ DEPT OF lAND PRESERVATION ~ ....... N umber of pages TORRENS w[i] / rS / RECOF.:C'EC' 2004 Sep 2:::: 04: 14: 1·3 PN Edl.·Jard P.Romaine CLERk OF SUFFOLK COUNT',' L [:100012346 P 006 [:'T# 04-09033 Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 FEES Page / Filing Fee Handling c..-!s_ . Sub Total ~o Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec.! Assit. TP-584 5. 00 ~ Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. C) !&~- I - .:;'0 00 or Comm. of Ed. 5. 00 Spec. /Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointment Transfer Tax e:..)(.E!:/VIPT_ Mansion Tax Affidavit NYS Surcharge Other 15. 00 Sub Total ;JICj d{~~CC; The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Certified Copy Grand Total If NO, see appropriate tax clause on page # of this instrument. 0'r+ , 4 I P tJcJ Dist. p~/ZJ¿J Block o P¿?<!/¿7t7l? ot 5 Community Preservation Fund ideration Amount $ /7(;),1rt/" Real Property Tax Service Agency Verification 1000 09500 0400 009002 <CPFax Due $ f3:.x.€JnP r L 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: L.;'5~ /¿t:JVT7br¡hk¡ G¡5- 2. 3,.5 J-j a..r>y> 7- t7v1. ¡¿q- S£JufA~ f/lYl / I.JY ) J -1 ¡;ð 7 Improved Vacant Land // TO It} TD TD 8 Suffolk Count Recordin e This page forms part of the attached made by: J>¿~~ ~ L:;;i ;rrJ I rP¥èf f¡ TO W -r ~--<fff S,(Jur/..,d The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of In the VILLAGE S DLlj'¡·W~ c.¿ or HAMLET of ~ \) TC. HDGU€. . BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) - .. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~ day of September, 2004 at Southold, New York. The parties are PECONIC LAND TRUST, INCORPORATED, 296 Hampton Road, P,O. Box 1776, Southampton, New York 11968 (herein collectively 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 (herein call "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 #1000-95-4-9, more fully described in Schedule A and shown on a survey prepared by John C. Ehlers dated September 2, 2004 hereinafter referred to as the "Property"; and including an easement set forth in said Schedule A attached hereto and made a part hereof; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the 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 scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and 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 HUNDRED AND SEVENTY THOUSAND-ONE HUNDRED AND EIGHTY-FOUR ($170,184.00) DOLLARS and other good and valuable consideration paid to the Grantor, FOR DEVELOPMENT RIGHTS - PART OF TAX LOT 9: Sc tt £l)\,ll. E A ALL that certain plat, piece ar parcel af land, situate, lying and beil,1g at Cutchague, Tawn af Sauthald, Caunty af Suffalk and State afNew Yark, baunded and described as fallaws: . BEGINNING at the corner farmed by the intersectian af the Sauth side af Oregan Raad with the West side af Depat Lane; RUNNING THENCE South 40 degrees 01 minutes 47 secands East alang the West side af Depat Lane 515 feet ta the nartherly line af ather lands canveyed by Krupski ta Pecanic Land Trust and intended ta be the recarded simultaneausly herewith; THENCE alang said afarementianed land Sauth 51 degrees 46 minutes 41 secands West, 235.90 feet ta a paint; THENCE Narth 38 dcgrees 31 minutes 10 secands West alang ather lands afthe gran tar 282.85 feet; THENCE Sauth 51 degrees 46 minutes 41 secands West, 282.85 feet to lands naw ar farmerly af Mattituck, Haldings LLC and Tawn afSauthald; THENCE Narth 38 degrees 31 minutes 10 secands West alang said last mentianed lands and later alang lands naw or fannerly af Jahn G. Dmaleski and Karen A. Helinski 254.05 feet ta the Sauth side afOregan Raad; THENCE Narth 54 degrees 17 minutes 17 secands East alang the Sauth side afOregan Raad, 505.77 feet ta the paint ar place afBEGINNING. RESERVING unta the grantar herein, its successars and assigns an Easement af IS feet by 254.05 feet for ingress and egress ta and from the lands afthe grantar af 1.836 acres designated as "Building Parcel" an survey prepared by Jahn C. Ehlers, Land Surveyor dated September 2, 2004, ta and from Oregan Raad, the lacatian af such Easement to be detennined by grantar, ar its successars and assigns. ~-- r the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, 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, and reserving to Grantor the Easement set forth in Schedule A. 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 direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his 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 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York 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 open spaces and natural or scenic resources. 0.03 PUrPose The parties recognize the natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed 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 scenic, agricultural and natural 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 Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 0,05 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 natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's conservation, open space and agricultural 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, a survey dated September 2, 2004 prepared by John C. Ehlers and an Environmental Site Assessment dated August 20, 2004 prepared by Advanced Cleanup Technologies, Inc. 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 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than open space and/or agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapters 25 and 59 of the Town Code of the Town of Southold (the "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. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and everyone of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. 3 ARTICLE TWO SALE GRANTOR, for 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 permitted by Section 4.06 and by the South old Town Land Preservation Committee and other applicable provisions of the Town Code. For the purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for structures shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Grantee, provided that such subdivision does not defeat or derogate from the purposes of this Easement. 3.04 Dumpinq 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 4 materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Siqns 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, (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) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service the permitted structures. 3.07 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited, except as permitted in Sections 4.03 and 4.06. For the purposes of this section, agricultural production, as defined in Chapter 25 of the Town Code shall not be considered a commercial use. 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 U.s. Department of Agriculture's National Resource Conservation Service. 3.9 Drainaqe 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. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby grants to Grantee all existing Development Rights (and any further Development Rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre- existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 5 ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary 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, New York, State, or federal law. Grantor retains the right to use the Property for otherwise lawful passive recreational uses, including, but not limited to non-commercial hunting and horseback riding, provided that such uses are incidental to the purposes of this easement. 4.04 Landscapinq Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, and as such approval may be required by the Town Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and/or control storm water runoff; (ii) Fences, if placed so as not to block or detract from the scenic view; and 6 (iii) Agricultural structures that are necessary, incidental and accessory to the agricultural use of the property, limited to two (2%) percent lot coverage of the Property; (iv) Structures that are necessary, incidental and accessory to passive recreation, limited to an aggregate of 400 square feet, which shall be included in the lot coverage limitation set forth in (iii) above; (v) Access drives, to provide access to the improvements permitted herein and to and from the lands of Grantor designated as "Building Parcel" on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004 over the easement set forth in Schedule A attached hereto and made a part hereof. B. Replacement of Improvements: In the event of damage resulting from casualty loss or normal wear and tear to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, pursuant to Sections 4.03 and 4.06, which could adversely affect the scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 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. 7 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. 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 arising from the physical maintenance or condition of 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 Partv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; 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. 5.04 Annual Mowinq Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to Mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after 30 days notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Inspection 8 Grantee shall have the right to enter upon the Property once each calendar year, 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 5.04, or to permit access upon the Property by the public. 6,02 Restoration In the event of any violation of this Easement, Grantee shall have the' right to require the Grantor to restore the Property to the condition existing prior to the claimed violation 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, and earth movement, 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 resulting from such causes. 6.03 Enforcement Riahts 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 in 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 (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space 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, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee 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. bl ..."tvl ~hdll :.ð y to GI 6Rtse, éÍther directly or by reimbursement, the prevailing party, as determined by a court of competent jurisdiction, a reasonable attorneys' fees, court costs and other expenses incurred herein 9 Sk-/I (;>.e.... pMJ2 ð'- ("f-l ñ\.. Ó AA. s..i.L '!>-ï tk- ott-v... P -ñ-'l.. -. called "Legal Expenses") in connection with any proceedings under this Section. 6,04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for 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 the date of its mailing. 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 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 Extinquishment/Condemnation This Easement gives rise to a property right and interest vested in the Grantee as of the effective date of this grant. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the effective date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is herein referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, this Easement may be terminated or extinguished by a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and after the satisfaction of prior claims and net of any costs or expenses associated with such sale, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time (minus any amount attributable to the value of the improvements made by Grantor after the effective date of this Easement, which amount is reserved to Grantor). In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement 10 If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantor and Grantee shall be respectively entitled to compensation in conformity with the previous unnumbered paragraph of this Section 6.06 (with respect to the allocation of proceeds). Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq 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 can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land, and according to other applicable provisions of state law and by mutual consent of the parties, 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, 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. 7.04 Severabilitv If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.05 Governinq Law 11 · . 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, 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs 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 Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) FIELD, Vice-President ACKNOWLEDGED AND ACCEPTED: BY: J hua Y. Horton upervisor 12 · . STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this 2J"<¿y of9r.f, in the year 2004 b~¡¿rp-Jtle, the undersigned, personally appeared 1ímofJryð Ca4~~onally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execute the instrume t, KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County A L Commission Expires March 21, 20 ~ STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this'23~ay of f)zp1. in),be year 2004 before me, the undersigned, personally appearedJ,o>hu.AIIJ¡'t:.«ff{;érsonally known to me or proved to me on the basis of satisfactor{ evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. l Notary Public /t-I K.Mðr0 KAREN J. HAGEN NOTARY PUBLIC, State of NeWaYOrk No. 02HA4927029 Qualitied in Suffolk County Commission Expires March 21, 2 - C:\My Documents\Anne\Town of South old Deeds of Development Rights\Lot 9 PL T ORE Final Version 922.doc 13 e Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POLICY 6 031 92 A Stoek Company NUMBER 2 - - - 95125 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK /J â counterSignedti..~~~ / ~ Authorized Signature (PLEASE PRINT NAME) 8" ~ßff ( ........d ^'",,, ~ /-1. W.Mnu.- ""....., FORM 26-031·9Z (4/1193) ALTA OWNER'S POLICY· 1992 (Revised 10-17-92) II Fïdelity National Title Insurance Company Policy No.: 26-031-92-95125 Title No.: 04-3704-58855-SUFF SCHEDULE A Amount ofInsurance: $170,184.00 Date of Policy: September 23, 2004 at 9:00 AM 1. Name ofInsured: Town of South old 2. The estate or interest in the land which is covered by this policy is: Development Rights 3. Title to the estate or interest in the land is vested in: Town of South old by means ofa Grant of Development Rights fi'om Peconic Land Trust Incorporated dated September 23,2004 and recorded in the Suffolk County Clerk's Office on October 28, 2004. 4. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schedule A Rev. (02/04) Owner's Policy Page 1 . . ¡ II Fidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 26-031-92-95125 of FIDELITY NATIONAL TITLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 to the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Signed and Sealed: September 23, 2004. 7J:d~ /i Fidelity National Title Insurance Company " ~j ~L:-_ An:..k é éI ._~ Standard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92) Rev. (02104) (Owner PoHcy93) e Fidelity National Title I~ura~ee Company Policy No: 26-031-92-95125 Title No.: 04-3704-58855-SUFF SCHEDULE A-I Description PARCEL I FOR DEVELOPMENT RIGHTS - PART OF TAX LOT 9: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the West side of Depot Lane 515 feet to the northerly line of other lands conveyed by Krupski to Peconic Land Trust and intended to be the recorded simultaneously herewith; THENCE along said aforementioned land South 51 degrees 46 minutes 41 seconds West, 235.90 feet to a point; THENCE North 38 degrees 31 minutes 10 seconds West along other lands of the grantor 282.85 feet; THENCE South 51 degrees 46 minutes 41 seconds West, 282.85 feet to lands now or formerly of Mattituck, Holdings LLC and Town of South old; THENCE North 38 degrees 31 minutes 10 seconds West along said last mentioned lands and later along lands now or formerly of John G. Dmaleski and Karen A. Helinski 254.05 feet to the South side of Oregon Road; THENCE North 54 degrees 17 minutes 17 seconds East along the South side of Oregon Road, 505.77 feet to the point or place of BEGINNING. RESERVING unto the grantor herein, its successors and assigns an Easement of 15 feet by 254.05 feet for ingress and egress to and from the lands of the grantor of 1.836 acres designated as "Building Parcel" on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004, to and from Oregon Road, the location of such Easement to he d::ccmined by grantor, or its successors and assigns. . ··,<.-.....·,':..;.z'~:.:';..,' ,·.-8·,-;,,,,,~.·.·::':,6 e Fidelity National TItle Insnrance Company Policy Number: 26-031-92-95125 Title No.: 04-3704-58855-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: I. Rights oftenants and persons in possession. 2. Survey by John C. Ehlers dated 9/2/2004 shows premises as vacant land, edge of cultivated field varies with record lines. 3. 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. Schedule B Rev. (02104) Owner's Policy Page 4 4'\ . Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POLICY A Stock Company NUMBER 26-031-92- 95126 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Countersigned iÍz/1d~ æ By, dß!fT (" -.-., Authorized Signature (PLEASE PRINT NAME) AU"" ~ H. W.Mnu.- s.."",> FORM 26-031-92 (411/93) AL TA OWNER'S POLICY - 1992 (Revised 10-17-92) (I Fïdelity National Title Insurance Company Policy No.: 26-031-92-95126 Title No.: 04-3704-58855-SUFF SCHEDULE A Amount ofInsurance: $689,360.00 Date of Policy: September 23, 2004 at 9:00 AM 1. Name ofInsured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Development Rights 3. Title to the estate or interest in the land is vested in: Town of South old by means of a Grant of Development Rights ITom Peconic Land Trust Incorporated dated September 23, 2004 and recorded in the Suffolk County Clerk's Office on October 28,2004. 4. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schedule A Rev. (02104) Owner's Policy Page I e Fidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 26-031-92-95126 of FIDELITY NATIONAL TITLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 to the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions ITom Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Signed and Sealed: September 23, 2004. ~7r~/¿. Fidelity National Title Insurance Company ~ (1tþw¡ M{l-L-:;.- ^"~ é (lJ '~~oy Standard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92) Rev. (02/04) (Owner Policy93) e Fidelity Natiorutl TItle Insunmee Company Policy No: 26-031-92-95126 Title No.: 04-3704-58855-SUFF SCHEDULE A-I Description PARCEL II FOR DEVELOPMENT RIGHTS - PART OF TAX LOT 10: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Depot Lane distant 515.00 feet southerly from the comer fonned by the intersection of the south side of Oregon Road with the west side of Depot Lane as measured along the west side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East 1596.06 feet to the northerly line of lands now or fonnerly of Suzanne M. Krupski and John P. Krupski Jr. THENCE South 47 degrees 48 minutes 50 seconds West along said lands now or fonnerly of Krupski and later along lands now or fonnerly of Joseph Matwieczyk and lands now or fonnerly of Thomas J. Matrick 544.74 feet to lands now or fonnerly of Mattituck Holding LLC and Town of South old; THENCE North 39 degrees 07 minutes 20 seconds West along said last mentioned lands 1633.13 feet to the south side of Parcel I herein; THENCE North 51 degrees 46 minutes 41 seconds East along said south side of Parcel I 518.75 feet to the west side of Depot Lane the point or place of BEGINNING. Schedule A-I (Description) Rev. (02104) Owner's Policy Page 2 8 Fidelity National Title Insurance Company Policy Number: 26-031-92-95126 Title No.: 04-3704-58855-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights of tenants and persons in possession. 2. Survey by John C. Ehlers dated 9/2/2004 shows premises as vacant land, edge of cultivated field varies with record lines. 3. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer oftitle, 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. Schedule B Rev. (02/04) Owner's Policy Page 3 , ., . " CLOSING STATEMENT PECONIC LAND TRUST (Ann Marie Krupski) to TOWN OF SOUTH OLD Development Rights Easements = 24.038 acres Parcel 1 - SCTM #1000-95-4-p/o 9 Premises: 8900 Oregon Road, Cutchogue 4.2546 acres @ $40,000/acre = $170,184.00 (Right of Way = 0.0874 acre excluded from sales price) Parcel 2 - SCTM #1000-95-4-10 Premises: 7155 Depot Lane, Cutchogue 19.696 acres @ $35,000/acres = $689,360.00 Closing took place on Thursday, September 23, 2004 at 12:30 p.m., Southold Town Hall Purchase Price of $ 859,544.00 disbursed as follows: Payable to Ann M, Krupski, as Trustee of the Ann M. Krupski Living Trust Check #78240 (9/23/04) $ 859,544.00 Expenses of Closing: Appraisal Payable to Given Associates Check #77953 (9/7/04) $ 2,600.00 Survey $ 1,725.00 Payable to Peconic Land Trust (50% reimbursement of John C. Ehlers Land Surveyor invoice) Check #78241 (9/23/04) Environmental Report $ 750.00 Payable to Peconic Land Trust (50% reimbursement of Advanced Cleanup Technologies, Inc. invoice) Check # 78241 (9/23/04) · Title Report $ 4,855.00 Payable to Fidelity National Title Insurance Co. Check #78238 (9/23/04) Fee insurance (parcel #1) Recording deed (parcel #1) $1,082.00 $ 250.00 $3,273.00 $ 250.00 Fee insurance (parcel #2) Recording deed (parcel #2) Title Closer Attendance Fee $ 150.00 Payable to Karen Hagen, Esq. Check #78239 (9/23/04) Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Susan Tufts, Esq. Timothy Caufield Peri Grandone Ann M, Krupski Rudolph H. Bruer, Esq, Andrew Stype Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Attorney for Peconic Land Trust Vice President, Peconic Land Trust Sr. Projects Manager, PL T Property Owner Attorney for Property Owner Broker for Property Owner Title Company Closer Land Preservation Coordinator i,:".,'· SEll' 21 D4·í2:4Dp fúth;(é (¡ '·Tuttis. - 631 287.7,6'19" ".2 Peconic Land Trust, Incorporated 296 Hampton Road ~ . Southampton, NY 11968 September 21, 2004 Town of Southold Main Road Southold, NY Re: Peconic Land Trust with Town of Southold Premises known as 8900 Oregon Road and 7155 Depot Lane, Cutchogue Ladies and Gentlemen: Please have the purchase price of development rights due at closing for the above properties paid direçtly to the current owner, Ann M. Krupski, as Trustee of the *"n M. Krupski Living Trust. Peconic Land Tn.st, Incorporated BY: ld, Vice President VENDOR 011669 ANN M. KRUPSKI ,AS TRUSTEE 09/23/2004 CHECK 78240 r ~ FT~D f þ¡ ('('01Th1.,... D () # rf\nrnTf"R nR~(,RTP'T'T()N II MCJI IN'T' H3 .8660.2.600.100 092304 DEV RIGHTS-4.2546 170,184.00 H3 .8660.2.600.100 092304 DEV RIGHTS-19.696 689,360.00 TOTAL 859,544.00 ~'" '~2<.?~ '.:). . \\ ~UfFOli~ ~ C#~ ~ f§ ~) ~ ~ Q - en :ïr: 'ð ~, ~ .. ~..... !O./ + ~~rfr '«~zx:Dø ~ ./ TOWN OFSOUTHOLD· SOUTHOLD, NY 11971-0959 ~G IVEN ASS 0 C I ATE S PATRICK A. GIVEN, SRPA box 5305 . 550 route 111 . hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 Melissa Spiro, Land Preservation Coordinator Town of Southold Department of Land Preservation PO Box 1179 Southold, New York 11971-0959 Appraisal of Real Property of Ann Marie Krupski S.C.T.M. #10QO-95-4- plo 9 and 10 File #20041(58 ( real estate appraisers and consultants August 26, 2004 $2,600.00 fõ)IE ~ IE ~ W IEfnì U1l AUG 2 7 2004 UlJ DEPT. OF lAND PRESERVATiON TOWN. OF SOUTåoLD 5:3Q95MAIN ROÁÍ> >.\.,.....-..:...:, ".".,,: .. ..,' .,' .; ;$I!:>V.T140Lj), NEW YORKH971,Q959 50'646 "1T4" JU<:\.WSKI cr;otf~~2 41 NO" '. .. tHEsUFFoLKcèÌ~N:rt~1j,cÌtW.~k CUTC"'¡OGl)E, 'NY l1é:>5 ' DATE CHECK NO. AMOUNT $2,1'75.00 .:rwo 09!23/2Ð04 7~241 tHQtJ$~¡;:¡,F0VÌ).;~tffi1,1Ì<ED ¡;¡sy$NTY FIVE AND 00/100 DOLLARS PAY TQ TH~ ORDER OF PECONIC LAND TRUST, INC. 2 SI6 HAMPTON ROAD ,FO .EJèJ*:·l 776 SçjUT!iÀ.MPTOW NY 11969 \:;, ':' ..', .." ,.~ ~'''';'''''-''''''''''---''-'''>-'--''';''';'' 11'078 21, ~II' ':0 2 ~l,oSl,bl,l: b:¡ 00000 I, Oil' VENDOR 016140 PECONIC LAND TRUST, INC. r 09/23/2004 CHECK 78241 FTT'wD r 7\ CéYìT ThT'T' p () it TNllOH'R rmsrR T PTTON AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 2004358 3845-CUNY SURVEY-KRUPSKI PROP 1,725.00 ENVIRON RPT-KRUPSKI P 750.00 TOTAL 2,475.00 \. TOWN OF SOUTHOLD . SOUTHOLD. NY 11971-0959 09/21/2004 00:20 6312040711 .. --- ,-" -- - .,-, PECONIC LAND TRUST PAGE 02 Invoice -1/' JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631·369...8288 Fax: 631-369-8287 f- ~~~~~J-~~~o~ #_~\i 1 911312004 \ 2004358 In_ --.- .-.... -.-. "-- ....-- '-' - -- .--.'-- ---"-- --.-.- -I Bill To __.. .-.. -. '- ..---'- __.m .-... -_..-- -·1 Peconic Land Trust P.O_ Box 1776 I Southampton, N.Y. 11969 1 I I .___.._._ .._..__. .'_"_ ...___._ ..___ I I L__ r~o~r ~Ii~~------ -------.---¡ 1 --- ---- .a EGE:IVED- -- - j I SEP 14 2004 I L __PECONlC LAND ~~~ST,_:C._ ___ ~ [" -De1~~~~~I~ [~=- .~:~..~~. ~escriPtlon -==~ 19/1312004" I Current survey of 6.3 Bc.vacant land described as looG-95-4-9 19/1312004 Current survey of 20.4 ac vacant land described as I 1000..95-4-10 I i I I 1 i I I 1 I I I I I r- ¡ l. ..._....._ I I I I ...__1 _..___ / ___.n.. ___., _"__. ---- "--..- ...._... ----.,.. ..._,,--_.,. ..--.,- .-----.. . ----1"-- ·-----1 l=·"l---~:~-~-~ t -- ----1-.. .--_~mo~~~oo.OO -II I ¡l,250.00 I I I I I I I I II I I I I I I I I I I I I I I .--j "_, 1_- __________1__. 1..2.°ta~ . $3,450.00_1 I Balance Due $3.450.00 I ... ".--. .---..., ..,."._-,., -.-..".-. -..---..." ~.";~~:.~l.~~.'~'-.'~."~_:.~~~.:.'{~tl~~~.~~:~~~-~.:~.-~t...:.;.~!.f.l:~.~[:L...:.'t.;I:::i:~.!~"f-.ij'f~~~.~I·I';-·~.:f.,~.t~~.~r.:-~:··.~::·~.:.;~ç.,:",.~~.~.:':~~t.~.'mi~.~~~i~.~'~-.':-.~.'~.·L~~~~.~.~.'.';!:~,.~.:.{~~~.:.~~~~J;''f?fif~~~='::~~71i!.5.~~~~: ''""1 J ~~>$',,- .~j1Cl~rf!...R" Ii if ~ 'f,;ffi§:1f'!fjf, -~.~,.,,'" §{i1:.."ii!!f< ~'qjf;B··-':!.if!¡'¡;¿"" ~'"f.-.'<Ji$?!/j!flliJfi§¡ißtf!õilk m'1§!f,';!#i{!;i;;;"~'$,'fißt,'#I#J¡;i@tiP.i¡¡i#ii!iff1tJ!1}i1J"~'f!!m~'I1fIm ;¡;¡ßI~ '," ...' .. ·c_ ''!..:¡;~!: ' , r- -,-"",~ ,',' ~", ..'_ :, -', :;¡fJ:: .. ~ .. -:J!~i!¡tiE.'!;,'i!ji3i;¡-'i.'ifÞ:- -"",--¡q~#H!ih"!llf:.:- _~ 1.··.'1_._'·· ,- .:_, '-,:;-"':¥;Jj¡ - '_.J';;,"_'''',-'': " -',"~"Iii'<"","-"7i.'N!Iim.'" _~"""'~~~ -- .. ' .... .. " -, :.." .-; ... '."'"'.. ',-" .. '>.~','- ,- , . - -- .. ~ .., .. _ .. ',", -ft.="',~,~-,- ~ ~ ..... ~_ -~'.~'-'-~."~~,.,,,,,,~.,,,, .-'~""-'-'-'""''''''''''~~''''"-' w·_,'"_"'_'''-<'-~ . ~'."_'._ ·'.._'.'·_n ."...._ ~ --- -'~¡;''¡¡1:i¡'0:~<ír;·ú::;;t.,",,,,o,:-.c,,';. - -...,. .....,.y. ..... - .---- -- -" -- ~ - - August 20, 2004 Ms. Peri Youmans Peconic Land Trust P.O. Box 1776, 296 Hampton Road Southampton, New York 11969 Melissa Spiro Town of South old P.O. Box 1179 Southold, New York 11971 Re: Phase 1 Environmental Site Assessment 8900 Oregon Road/7155 Depot Lane, Town of South old, New York 11935 District 1000. Section 95. Block ,I. Lots 9 and 10 Dear Ms. Youmans: ACTMTY ---------~OIC}¡---------------------____ / .I COST As per July 26, 2004 Contract: Performance of a Phase I Environmental Site Assessment at the above referenced property $1,500.00 ~ fEciG fEon fEl~ --~ OEPT Of lAND PRESERVATION Amount Due: $1,500.00 384S-CUNY 115 Rome Street. Farmingdale, New York 11735 . Tel: 631/293-4992 . Fax: 631/293-4986 1000 7th North Street, Suite 8-30 . Liverpool, New York 13088. Tel: 315/451-9720. Fax: 315/451-9727 E-mail: advancedcleanuptech.com r:" < ....::.'··.<r·...·'. ... ~~,. TQWNOF SOUTHOLD , 5309. MAIN t¡C>AD SJiJÙTHOLD,IÍ(ÈW YORK Ù971-0959 tiQ,:546 2-14. rompS.KJ; ~¿~Ü~23,8:' . ~~sûÎ:F~;;;¡JNTY~'dNAi~ CUTCHOciuE, 'N¥11935 . i':', DATE CHECKNO. AMOUNT 09/23/2004 78238 ,OVR r~Qq~~~ EÍGffrWVNDRED FIFTY FIVE AND 00/100 DOLLARS $4,855.00 PAY TO THE ORDER . OF FIDELITY NATIONAL TITLE INS CO 24. COMMERCE DR.IVE Í<.IVE:RHEAD NY1.l901 ~···<··M:·~·~.;,·· <.. ,.- ., '. - "',' -:.' '" -. . .'," -. '. .": '....,',':,. ", M>__. ,... ____:..¿_........ ." . . .' .. ..... ,,-.'-',- ,-. .,-- .. < "- 11'0782'1811' 1:02~L,OSL,¡;L,I: ¡;:1 00000 L, Oil' VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 09/23/2004 r CHECK 78238 Ti'TThTn J:.,.. Zl(y'nTTN'T' P 0 ¡¡ TN\TOH'R DRSCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 092304 092304 092304 092304 #1 TITLE-KRUPSKI/PL 1,082.00 #2 TITLE-KRUPSKI/PL 3,273.00 #1 REC EASEMENT-KRUPS 250.00 #2 REC EASEMENT-KRUPS 250.00 TOTAL 4,855.00 \.. TOWN OF SOUTH OLD " SOUTHOLD. NY 11971<0959 KRtJPBKI Cr,Þtj~'à:239;. NO., ^ " . """ ^ c . . . '~H~;ÛFf~Ç9~~~~ ot!Tël-ldGUe.N'Vt1g35 50-546 2i'4 ^QIir'l'; H1l\'JD!\~b, f~r:í'Y;:À.Nb OQ/lOO pÖLLARS DATE 09/23/2004 CHËCK NO. 78239 AMOUNT $150.00 PAY TO THE _ . ORDER '-OF' KAREN HAGEN 2675 KERWIN BOULEVARD GREENRQRT NY. :1.194'1 \.. lI'O?B2:¡C¡II' 1:02~L,05L,bL,l: b:¡ 00000 L, Oil' VENDOR 007707 KAREN HAGEN r H'TThTn f\, a.('1(1()TThT'T' 09/23/2004 CHECK 78239 P 0 # TNVOTrF. DESCRIPTION AMOUNT H3 .8660.2.600.100 H3 .8660.2.600.100 092304 092304 TITLE CLOSER-#l KRUPSK 75.00 TITLE CLOSER-#2 KRUPSK 75.00 TOTAL 150.00 \.. TOWN OF SOUTHOLD . SOUTHOLD NY 11971-0959