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HomeMy WebLinkAboutPeconic Land Trust, Inc (2)SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Ty~e of Instrument: EASEMENT/DOP Nv-mber of Pages~ 16 Receipt Number = 05-0045271 TRANSFER TAX NUMBER= 04-38606 District: 1000 Deed~unount~ Recorded: At: LIBER: PAGE= Section~ Block~ 059.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 04/27/2005 03=03:38 PM D00012384 377 Lot~ 020.001 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.CoDies $0.00 NO RPT SCTM $0.00 NO Transfer tax Conun. Pres $0.00 NO TRANSFER TAX NUMBER= 04-38606 THIS PAGE Fees Paid IS A PA~T OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $1 .00 $0.00 $30.00 $0.00 $108.00 ExemDt NO NO NO NO NO Edward P.Romaine County Clerk, Suffolk County Number of pages !! TORRENS Serial 49 Certificate # Prior Ctf. 49 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp { h:'-5; '.4d · -- ~ 7-- 7 :,;,X Recording / Filing Stamps 31 FEES Page / Filing Fee Handling TP-584 5. 00 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy 5. 00 Reg. Copy Other 4 l~lStnct I Sfti'~oo7''~Z;7 Real Property Tax Service Agency Verification k~l -APR-O~< Sub Total Grand Total I Lot~, ~gPt 1000 05900 0100 020001 6 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: d &,× I Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page 4/ of this instrument. 5 Community Preservation Fund Consideration Amount CPF Tax Due $ O Improved Vacant Land TD /OO In the Township of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Suffolk County Recording & Endorsement Page This page forms part of the attached ~r"db,'9 ¢-_~_ .~.~O~.z~cc'[g~ ~/~/¢& d~~" ' "-~maoe oy: (SPECIFY TYPE OF INSTRUMENW) 71 Title Company Information Title 49 ~5 -$ ~ , TD TD GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 14~h day of April, 2005, between PECONIC LAND TRUST, INCORPORATED, having its principal office at 296 Hampton Road, Southampton, New York 11968 (hereinafter 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 11971-0959 (hereinafter called "Grantee"). ~TRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southotd, Suffolk County, New York, identified as SCTM #1000-59-1-20.1, more fully described in SCHEDULE "A' attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors dated March 31, 2005, hereinafter referred to as the "Property"; and WHEREAS, the Property is 0.67 acre and is located in the R-40 Zoning District of the Town of Southold; and WHEREAS, the Property is currently vacant open space; and WHEREA& the Property is included in the Town of Southold Community Preservation Fund, Communi~' Preservation Project Plan, as a parcel targeted for preservation under the project area designated as Wetlands, Open Space and Scenic Areas; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and natural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in xvhich 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, and scenic 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 Fifty-Six Thousand ($56,000.00) Dollars and other good and valuable consideration paid to the Grantor, the receipt of which is hereby aclmowledged, 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. TO HA VE 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, xvhich shall constitute and shall be servitudes upon and xvith 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 oxvner 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 Nexv York State and is authorized under Section 64 of the Nexv York State Town Law and Section 247 of the Nexv York General Municipal Lax,,' 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 preseIwation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural and scenic 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 environmental, scenic, 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 Goverm-nental 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. 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 otherxvise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee xvith 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 March 31, 2005, prepared by Peconic Surv'eyors and an Environmental Site Assessment dated April l 1, 2005, prepared by Nelson, Pope & Voorhis, LLC. 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 1.0l 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 as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 6 and Chapter 59 of the Toxvn Code of the Toxvn of Southold (the "Code"). 1.03 Duration This Easement shall be a burden upon and mn with the Property in perpetuity. 1.04 Effect This Easement shall mn 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 every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. 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 enfome 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 Except as provided in Section 4.06, the construction or placement of residential, commemial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), pem~anent or temporary, on, over, or tinder the Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkxvays. 3.02 Excavation and Removal of Materials; Mining 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 Toxvn 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. Notxvithstanding 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 xvith xvritten consent of the Purchaser. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, or chemical waste on the Property shall be prohibited. 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, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entD' or use, or (d) to mmounce 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, xvires, pipes, wells or drainage and septic systems not already in place 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 drivexvays, 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. 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. 3.09 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. 3.10 Development Riehts 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. The parties agree that one sanitary flow credit shall be transferred to the Town's TDR Bank in accordance with Chapter 87 of the Southold Town Code. All other types of development rights not transferable pursuant to Chapter 87 shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.0l 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. 4.04 Landscaping 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 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property xvith the prior written approval of Grantee, and as such approvals may be required by the Town Board of the Town of Southold and the Town Land Preservation Committee or its successor committee. These structures and improvements include: (i) Underground facilities used to control storm~vater runoff; (ii) Fences, if placed so as not to block or detract from the scenic viexv; and (iii) Trails for non-motorized vehicles or foot traffic only. B. 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 enviromnent. Grantor shall employ erosion and sediment control measures to mitigate any storn~ water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic and open space values, which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures, which are subject to Grantee's approval. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. Approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. If, after 45 days, Grantor has not received any response from Grantee to such submission, then Grantor shall notify Grantee in writing that it has not received any response to such submission. If Grantee fails to respond to such second notice within 10 days thereafter, then Grantee shall be deemed to have approved Grantor's proposed action or request. Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.05 hereof, Grantor agrees to notify Grantee in writing of the intention to exercise such approval. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. When such information was not previously provided to Grantee under the requirements of this Section 4.06 hereof, the notice shall also include information evidencing the conformity of such construction or activity with the requirements of the applicable Sections under xvhich the right is reserved hereunder. 4.07 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. 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 Party 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 Grounds Maintenance and Annual Mowing Requirement The Grantor shall continue the current modes of landscaping, pruning and grounds maintenance on the property. Grantor shall remove or restore trees shrubs or other vegetation when dead, diseased, decayed or damaged, and thin and prune trees as needed to improve the appearance of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable 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 maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.0l 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 enjo3qnent 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 pnblic. 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, 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 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 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 fifteen (15) 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 presetwe and protect any of the open space values or other~vise 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 xvith respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. 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 Toxvn 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 Extinguishment/Condemnation This Easement gives rise to a property right and interest immediately vested in the Grantee. 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 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 hereinafter referred to as the "Proportionate Share". The Proportionate Share of this Easement is 94.5% as based on the Grantor's appraisal dated April 12, 2005. 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, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property as such time. 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 poxver 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. If all or any part of the Property is taken under the poxver of eminent domain by public corporate, or other authority, or other~vise acquired by such authority tlu:ough a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, 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. Grantee shall be entitled to the Proportionate Share of the remaining recovered 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 or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELkANEOUS 7.01 Entire Understandin~ This Easement contains the entire understanding betxveen 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 is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 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 Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement may be amended only with the written consent of Grantee and current Grantor. Any amendment to this Easement must be approved by the Suffolk County Department of Health Sev,'ices, as the Easement involves a transfer of one (1) Sanitary Flow Credit. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code or any regulations promulgated thereunder. Any such amendment shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to Section 3.10 of this Easement and the provisions of Chapter 59 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 vote of the Town Board of the Toxvn 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 To~vn Code shall alter the limitations placed upon the alienation of those property rights or interests, which xvere acquired by the To~vn prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. )my other provision of this Easement that is determined to be invalid or unenforceable by a court of competent jurisdiction shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Laxv New York Law applicable to deeds to and easements on land located within Ne~v 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 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. 7.10 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 Deed of Development Rights Easement on the day and year set forth above. A CKNO WLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) By: ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) BY~ ~t ,~/~...,..~ Jo~ua Y. Horton ~pervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this 14th day of April, in the year 2005, before me, the undersigned, personally appeared TIMOTHY CAUFIELD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her'their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. b ~'/r I5 KAREN J HAGEN ~ NOTARY PUBLiC.'State of New York No. 02HA4927029 _ Oualllied in Suffotk County Commission Expires March 21, 20~/g~ STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) On this 14th day of April, in the year 2005, before me, the undersigned, personally appeared JOSHUA Y. HORTON, 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 acknoxvledged 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 '~~taryT~stmnlent' ~ ~ ublic N_. KIE._RAN M. CORCORAN orary.~blic, State of New Yo~k no. 02C06119838 Qualified n Suffolk County ., ,4 COmmission Expires December 6, 20 U.._~ SCHEDULE "A' DESCRIPTION ALL those certain two pieces or parcels of land, situate, lying and being in the Toxvn of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Lake Drive where the same is intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with the northeasterly side of West Drive; RUNNING THENCE northwesterly along said cun'e bearing to the right having a radius of 25 feet, a distance along said curve of 30.98 feet; RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32 minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map made for Constantine P. Georgiopoulous"; THENCE along said land the following three (3) courses and distances: 1) 2) 3) North 45 degrees 35 minutes 30 seconds east 139.30 feet; South 44 degrees 24 minutes 30 seconds east 25.00 feet; North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna Benedetto and Donald Seaman THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the northwesterly side of I~ake Drive; THENCE along said northxvesterly side of Lake Drive, the following txvo (2) courses and distances: 1) 2) Northwesterly along an arc of a curve bearing to the right having a radius of 266.66 feet, a distance along said curve of 52.54 feet; South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. BEING AND INTENDED TO BE the same premises conveyed to Peter F. Harper by deed recorded in the Suffolk County Clerk's office in Liber 12170 at Page 297 and then conveyed to the party of the first part by deed dated April 14, 2005, and submitted for recording to the Suffolk County Clerk's office simultaneously this date with deed of development rights easement. ALTA OWNERS POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSI~RANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, 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: 1. 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, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. ST ENYART TITLE® Secretary EXCLUSIONS FROM COVERAGE To[h:e Mlowing mottem ore expressly excluded From the coverage o[ this policy and the Company will not pay loss o derange, costs, oHorneye' foes or expenses which arise by renson 1. (o) Any Iow, ordinance or governmental regoJntion (including hut not limited to building DUd zoning lows, o~dinonces, or regular one) estriding, regulating, prohibiting or relating to ( ) the occupancy, use, or enjoyment of the loud; (ii) the chorocier, dimensions or Iocetion of eny improvement now or hereafter ereded on the land; (iii) o separation in ownership or e change in the dimensions or urea of the land or any pomel of which the land is or was n pod'; or (iv) euvironmenM protection, or the e[fe¢ of any violation of these Inw~, ordinances or gave omen o egulotions, except to the extent that o notice of the enforcement thereo or o no ce of o de eot, lien or encumbrance resolting from o violation or alleged vMotion affecting the land hoe been recorded in the public records at Dore of Policy. Cb) Any governmental police power not excluded by (o) above, except to the extent that o notice of the exemise thereof or o notice of o deject, lien or encumbrance resulting from a violntion or alleged violation affeding the land has been recorded in the public records at Date of Policy. 2. Rights of enlinent domain unless nntice of the exerdse thereof has been recorded in the public reolrds ai~ Dote of Policy, but not excluding flom coverage any taking which has occurred prior re Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defeds, bees, encumb antes, adverse claims Or ether malters: Ca) created, suffered, assumed or ngreed to by he nsu ed claimant; Cb) not known o the Company, not recorded in the public records at Date of Policy, hut known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an nsu ed under his policy, Cc) resulting in no less or damage to he insu ed claimant; Cd) aHaching or created sobsequen to Date of Policy; or Ce) resulting in loss or damage which would not hove been sustained if the insured claimant had paid value For tho estate or interest insured by this policy. 4 Any claim whicb arises out of the transaction nesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bnnkruptcy, state insolvency, or similar creditors' rights law~, that is based on: Ca) ~hetransacti~ncreatingtheestate~rinterestinsumd~yth~sp~~icybeingdeemeda~raudu~en~c~nvey~nce~ auduenttansfer:or Cb) the transaction creating the estate or interest insured by this policy being deemed a preferontinl transfer except where the preferential transfer results frnm the faiiure: (i) to timely record the ins omen of transfer; or (ii) of such recordation 1o impod notice to a purchaser for value or o iudgment or lien creditor. 0-8831-328435 NY-O01 I10 17 92) ~uommD ~ql Ol SLmO6~lqo pL,~ AJ~l&qrdj ilO 'eoHdo Siql in /,L~MIIJO) ~tl~ ~'1 ~,:,,~., ~'l] '8)UDmSUl Je iunomV eqHo lue~Od J~pus[ m ADd o[ ~,,: ']9~0 ~0 SSO1 JO JOO]d 'B'l'qql Auu fiUlpnl)LI[ '3lBmtUHl []Bll~/)q,~O ~[1 ~pu,n p~Hn<tH "~1~ ~ ~lull~f"lq', aH* 'uOHm~Ooo~ po,r, bo] aq~ ,ISmtr,t Ol p~mqu~ oq~ p .~,,[H~t ~'1[ ~'1 ~.~[,~l~l,I ~ IIDgS'*suadxo s,,~uMmo) oqllb p~lnSU~ ~ql ',hIBGLtlO) OIH ~q p~tsbnb~ ~.',ouCtl~[ SD OSUO}ap D pOSOOlO*d~ ~0 ~Ol~D UO ~q6no]q OAmI IIDH~ ,XuMmO) q] ~O",~U~,lp,[ X*,l,qbll agd)~JC,, ;,j)leLU pH~ IJOt[S pL[O ~oimlia,,~Li ~[]b,, . qW~l]l JO NOI[INI]]O SNOI.LV'IfldlJ.$ ONV 8NOI.11ONO3 Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 Date: April 13, 2005 Title No: 25-S-0608 Melissa A. Spiro Town of Southold - Land Preservation 53095 Route 25 P.O. Box t 179 Southold, New York 1 I971-0959 RE: Borroxver/Current Owner: Preservation (developmental rights) Premises: Reference: Peconic Land Trnst (fee title) and Southold Town Land 1920 Lake Drive Southold. New York 11971 In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY SCHEDULE A Title No.: 25-S-0608 Date of Policy: April 14, 2005 Policy No.: 0-8831-328435 Amount of Insurance: $56.000.00 1. Name of Insured: Count,: Suffolk Peconic Land Trust (fee title) and Southold Town Land Preservation (developmental rights) 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: Peconic Land Trust {f~e title) and Southold Town Land Preservation (developmental rights), xvho acquired development rights by virtue of a easement from Peter F. Harper, dated and to be recorded in the Suttblk Cotmty Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 059.00 Block: 01.00 Lot: 020.001, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Title No: 25-S-0608 Policy No.: 0-8831-328435 Schedule A Description ALL those certain two pieces or parcels of land, situate, lying and being in the Toxvn of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Lake Drive xvhere the same is intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with the northeasterly side of West Drive; RUNNING THENCE northwesterly along said curve bearing to the right having a radius of 25 feet, a distance along said curve of 30.98 feet; RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32 minutes 40 seconds west 100.19 feet now or formerly of"Subdivision Map made for Constantine P. Georgiopoulous"; THENCE along said land the folloxving three (3) courses and distances: North 45 degrees 35 minutes 30 seconds east 139.30 feet; South 44 degrees 24 minutes 30 seconds east 25.00 feet; North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna Benedetto and Donald Seaman THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the northwesterly side of Lake Drive; THENCE along said northwesterly side of Lake Drive, the following two (2) courses and distances: Northxvesterly along an arc of a curve bearing to the right having a radius of 266.66 feet, a distance along said curve of 52.54 feet; South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY SCHEDULE B Title No.: 25-S-0608 Policy No 0-8831-328435 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) ,vhich arise by reason of: 1. Variation between Record Description and the Land and Tax Map. 2. Policy will except the terms and conditions of the Grant of Development Rights Easement / Conservation Easement to be executed by the grantor and the Southold Town Land Preservation. 3. Subject to water charges, if any. 4. Survey made by Peconic Surveyors, P.C., dated 03/31/2005, shows premises as unimproved vacant land. (a) Edge of wetlands and wetlands shown thereon. No variations or encroachments shown. 4613 (2/93 Page 3 STEWART TITLE INSURANCE COIqPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 25-S-0608 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-328435 l. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory, lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priorit5, over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of 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 encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signato~', is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereofi Signed on April 14. 2005 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company .~ ,al &qg~' Signed by: Authorized Office or Agent Stewart Title Insnrance Compan> ~. ~ ~ 125 Baylis Road Suite 201 Melvilie~ New York 11747 Agent No.: 327005 S~reta~ STANDARD NEW YORK ENDORSEMENT (9/I/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CONDITIONS)ND s'rlPULATIONS Conti,~ued (continued and concluded frc~m ~'everse aide of Policy Face) Upon the exercise by the Company of either of the options provided for iu Darog,aphs (b)(i) or (ii), the Company's obligations to the insured under this policy for lhe claimed lies or damage, other than the payments required Jo be made, shall leaninate, iucludim ally Jiabilily or obligation to defend, prosecute of continue any litigation. 1. Dfi'E~INATION, EXTENT OF LIABILI~ AND COINSURANCE. This policy is c contract of indemnil~ against actual monetary loss or damage '~esl lined or incurred by the insured claimant who has sefl~ered loss or damage hy reasen o[ iii ittare insured against by this policy and only to the extenJ herein described. Co) ghe liabilily ef the Company under this policy shall not exceed lhe least at (i) the Amounl aC Inserance staled ?n Schedule A; or (ii) Jhu difference between the value of the insured eslaJe or imemsl as iu~umd and the value of the ~nsered estate or inlmest subject to the defect, lieu or eocumhrance insured against by this policy Ch) In the even~ the Amount of Insurance stated in Schedule A ut [he Date nC Po icy is less than 80 perceul aC lhe value aC lhe insured estate or interest or the full consideratm~ prod [ur the estate or interest, whichever is less, or i[ subsequent [o [he Date of Policy an improvement is creeled on the land which increases the value aC the insured esJa[e or inmrest by at least 20 percent over the Amounl of Insurance slaJed in Schedule subject to the following: (i) where no subsequent improvement has been made, os to any partial los,, the Company shall nnJy pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; cr (ii) where a subsequent improvement has been mode, as to any partial los,, the Company shah only pa,/the loss pro rata in the proportion that 120 percent of the Ammmt aC Insurance stated in Schedule A bears to the sum of the Amounl of Insurance stated in Schedule A and Jhe amount expended fur the improvement. The provisions of this paragraph shad not apply to costs, attorneys' Cues and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent aC the Amount of Insurance stated in Schedule A. Cc) The Company will pay only those costs, attorney's fees and expenses incurJed in accordance with Section 4 of these Conditions and Stipulations. 8 APPORTIONMENT. If the land described in Schedule A consist u[ I~o ur more parcels which are not u!ed as a siugle site, and a lost is eslablished a[fecting one or more of the parcels but not all, Jhe loss shall be compaJed and setiled on a pro rata basis as if the amounl aC insurance under this policy was divided pro rate as to the value on Date of Policy u[ each separate parcel ~a the whale, exclusive aC any improvemenls made subsequent to Date of Pohcy, unless a babiliiy or value has otherwise beml agreed upon as to each parcel by lhe Company and the insured at the hme of the issuance of lhis policy and showu by an express statemenl or hy an endomement attached to this policy. 9. LIMITATION OF LIABILI~. Ca) If the Company establishes the liDe, or removes ~he alleged defect, lien or encumbrance, or cures the lack of a right of access to or fram the land, or cures the claim of unmarketabilih/of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion aC any appeals therefrom, it shall have fully per[nrmed its obligations with respect to that matter and shall no[ be liable for any loss or damage caused thereby. Cb) In Jhu evenl aC any litigation, including litigation by the Company or web the Company's consent, the Company shall have no liabiUty for loss or damage unJg there has been a final detemlinution by a court of competenl jurisdiction, and disposition of all appeals therefrom, adverse Jo the lille us insured. Cc) The Company shall aot be liable for loss or damage Io any insured for linhiliw volantardy assumed by the insured iu seltling any claim or suit withoaJ Jhe prior written cunsenl aC the Compauy 10 REDUCTION OF INSURANCE; REDUCflON OR TE~INATION OF LIABILI~. All paynmnts under this policy, except paymenls made for costs, attorneys' fee! and expense& shall reduce the amount of the insurance pro 11 LIABILI~ NONCUMUIJ~TIVE. I1 is expressly understood lhal Jhu amount aC insurance under this policy shall be reduced by any amount lhe Company may pay under any policy insuring a mortgage to ~/hich e~ception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by all iusered and which is c charge or lien on the eslate or ?merest described or referred to in Schedule A, and the amount so paid shufl be deemed a payment under this policy to the msemd owner. 12. PAYMENTOF LOSS. Co) No paymeut shall be made without producing this policy for endorsement of the payment unless the policy has been lacs or destroyed, in which case pmof of Jo~s or destmctmn shall be furnished to the sahsfaction of the Company. (k) Wbea I,ohihh/and the extent of loss or damage has been definitely fixed in nLserdunco with these Conditions and Stipulations, the loss or damage shall be payable v~tlliu 30 days thereafter ] 3. SiJBRO6ATION UPON PAYMENT OR SE'ITLEMENT. Cc) The ComRan'/s Right of Subrogation. ~henever the Company shall have settled and paid a claim under this palicy, all right of ?ahrog ]tion shall ~ ,:t ,~] the Company uaaffected by any act eF the insured cJaimant The Compan~ g,ull be sehrogated to ond he entitled to all rights and remedies which the iusumc clabnmrt w,uld have had against ony person or properly in respect Jo the claim had Ih,s pohcy nnr heee ,sseed. If requesled by lhe Company, rhe insured claimant shall ttonsfer to lhu Company all ~ights and remedies against any person or prope~ necessary in order to per~ect lhi~: nght o seb~ugaJion. The insured cJaiman~ shall permit the Company to sue, compromise or sallie in the name of the insemd claimaut and to use the name o[ the insured claimmlt in auy truu~acqon or litigation involving these rights or remedies. If o payment c,a accounl aC a claim does aot [ully cove~ the loss of the insured claimanh the Coolpany shall be sobmgaJed to lhese righl~ and remedies in the proportion which the Company's payment hears lo the whole amount of the loss If loss should result from any act aC the insured claimant, as stated above, that act shall aot void this policy, bUT the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to Company by reasou of the impairment by the insured claimant aC lhe Company's r;ght of subrogation. Cb) The Company's IJights ~oinst Non-insured Obligom. The Company's righJ of subrogation against non insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insorance or bonds, noiwithsJanding any [amis ar conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Pitle Jnserance Arbitration Rules of lhe American Arbitration Asseciotion Arbitrable matters may include, bul are no~ limOed to, any controversy or claim betwe6n lhe Company and the insured arising oat of or relating to this policy, any service of the Company in connedion wOh ~ts issuance or [he breach of a policy provision or other ohbgalion. All arbitrable malters, when the Amoanl of Insurance is S1,000,000 or less shall be arhdraled aC lhe option of either the Company or the insured. All urbOrable ma~ers when the Amount of Inse~ance is in excess aC SI,O00, O00 shall be arbitrated only when agreed to by both lhe Company and [he insured Arbitratiou pursuant to this policy and under lhe Rules in effect au the data the demand [m crbOraJion i~ made or, al lhe option of the insured, the Rules in e[fecl al Date of Policy shall be binding upon tile parties. The award may include attorneys' fees only if the laws of ~he state m which the land is located permit a court to award attorneys' Cues Io a prevaigng par~. Judgmenl upon the award rendered by the Arbitrator(s) may be entered in any court having lurisdiction thereof Tile law of [ha situs of the land shall apply to an arb~traqon under lhe Tide Insurance Arbitration Rules. A copy aC lhu Rules may be obtained from the Company upon request. 15. LIABILI~ LIMITED TO Tiffs POUCY; POLICY ENTIIJE CONTIJACT. (u) This policy [ogether with all endorsemeuts, if any, attached hereto by [he Company is lhe entire policy and contract belween the insured and the Company. In interpreting any provisian aC this policy, this policy shall be construed us a whole. Cb) Any claim of loss or damage, whether or not based on negligence, and which arises oul aC the sJo[us of the t?tle to the estate or interesl covered hereby or by any adion assed'ing such claim, shall be restricted Jo this policy. Cc) JJo amendment of or endorsement to this policy can he made except by a writing endors.~d hereon or oltached hereto signed by eOhur the President, a Vice President the Secrekay, an Assistant Secretary, or validating off~cer or authorized signatory of the Company. 16 SRVERABILI'ff. D the even1 any provision of the pohcy ~s held invalid or unenforceable under applicable law, the policy shall be deemed nor to include JhaJ provision and all oJhm provisions shall remain m full [orca and erred. 17 NOTICES, WHERE SENT. All notices required to be given the Compauy and any statmnent in writing required Io be furmshed Jhe Company ~hall include the number of ~his policy and shall he addressed re the Company at 300 Eas142nd Street, New York, New York 10011 ST E~VART TITLE~ CLOSING STATEMENT PECONIC LAND TRUST (Peter F. Harper) to TOWN OF SOUTHOLD SCTM #t 000-59-1-20.1 Development Rights Easements = 0.67 acre Premises: 1920 Lake Drive, Southold Bargain Sale - $56,000.00 Closing took place on Thursday, April 14, 2005 at 12:00 noon, Conference Room of Stewart Title Insurance Company branch office, 755 East Main Street, Riverhead, New York Purchase Price of $ 56,000.00 disbursed as follows: Payable to Peconic Land Trust Check #79960 (4/14/05) Expenses of Closing: Appraisal Payable to Given Associates Check #81138 (4/26/05) Survey Payable to Peconic Surveyors, P.C. Check #81208 (4/26/05) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #81366 (5110/05) Title Report Payable to Stewart Title Insurance Co. Check #79961(4/1~05) Feeinsurance Recording deed Recording easement $ 535.00 $ 200.00 $ 250.00 $ 56,000.00 $ 1,800.00' $ 1,450.00' $ 1,250.00* $ 985.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79959 (4/14/05) $ 100.00 *not paid at time of closing Those present at Closing: Susan Tuffs, Esq. Timothy Caufield Marian Sumner Peter F. Harper Rose Prestia-Cascado, Esq. Patricia Finnegan, Esq. Melissa Spiro Melanie Doroski Karen Hagen, Esq. Attorney for Peconic Land Trust Vice President, Peconic Land Trust Director of Conservation Programs, PLT Seller (to Peconic Land Trust) Seller's attorney Southold Town Attorney Land Preservation Coordinator Administrative Asst, Land Preservation Title Company Closer TOWN OF SOUTHOLD 53095 MAIN ROAD $OUTHOLD, NEW YORK 11971-0959 FIFTY SIX THousAND AND 00/100 DOLLARS DATE 04/14/2005 79960 $56,000.00 PAYTO PECONIC LAND TRUST, INC. THE 296 HAMPTON ROAD ORDER OF PO Box 1776 soUTHAMPTON NY 11969 "'o?qqEo"' ~:08 VENDOR 016140 PECONIC LAND TRUST, INC. 04//14/2005 CHECK 79960 FNAID & ACCONNT p . 0 . # H3 .8660.2.600.100 INVOICE 041405 DESCRIPTION DEV RTS/HARPER .67 TOTAL AMOUNT 56,000.00 56,000.00 TOWN OF SOUTHOLD · SOUTHOLD NY 11971-0959 -GIVEN AS~OCJ~7;$ PATRICK A. GIVEN, SRPA box 5305 · 548 route 111 · hauppauge, n.y. 11768-0306 (631) 360-3474 FAX 360-3622 April 12, 2005 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Peter F. Harper, S.C.T.M. #1000-59-1-20.1 Located Northwesterly of Lake Drive, Southold, NY File~f 2005070 APR 13 2005 DEFT OF LAND PR£SERV~BON $1,800.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN ASSOCIATES LL JE Date Trx. Date Fund Account ...........................- - Begi ,. 4/12/2005 4112/2005 H3 .600 ,, 4/12/2005 4/12/2005 H3 .600 ., 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 ~i 4726/2Q05 4/26/2005 H3 .600 ., 5/10/2005 5/10/2005 H3 .600 ., 5/10/2005 5/10/2005 H3 ,600 Select Record(s) or Use Action Code : Account., H3 .600 :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/26/2005 SDT : Trx Amount... 1,800.00 : Description., APPRAISAL-HARPER : Vendor Code.. D07416 : Vendor Name.. GIVEN ASSOCIATES : Alt Vnd.. : CHECK ........ 81138 SCNB : Invoice Coda. 2005070 : VOUCHER ...... : P.O. Code .... 13906 : Project Code. Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-O4262005-67D Lsne. 194 Formula: 0 : : Final Payment F Liquid. : Type of 1099. M BOX. Addl. : Fixed Asset,. Y : Date Released 4/26/2005 : Date Cleared. 4/90/2005 : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Proper~y: 05090 Project: Harper Property Manager: McGinn, Steven VAO1771 To: Town of Southold Debt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 3180 Invoice Date: April 19, 2005 mAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,250. O0 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 3/31 thru 4/6/05 Contract .Amount: $1,250.00 Percent Complete: 100.00% Fee Earned: $ 1,250.00 Prior Fee Billings: $0.00 Current Fee Total: $1,250.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor-. 014161 NELSON, POPE & VOOR dE Date Trx. Date Fund Account ......................... Use Acti 5/10/2005 5/10/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-05102005-771 Line: 209 Formula: 0 : : Account.. H3 °600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 5/10/2005 SDT 5/10/05 : : Trx Amount... 1,250.00 : : Description.. HARPER/PHASE i REPORT : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 81366 SCNB : : Invoice Code. 3180 : : VOUCHER ...... : : P.O. Code .... 13904 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 5/10/2005 : : Date Cleared. : : F3=Exit F12=Cancel : APR-19-8005 08:86 FROM:PECONIC SURVEYORS. P (6]1) 765-1797 T0:7656640 P.1 PE___~CONIC ~qURVEYORS, P.O. Box 909 1230 Traveler Street Sou~old~ N.Y. 11971 APRIL I9TH, 2005 MS.M. DOROSKI TOWN OFSOUTHOLD P.O. BOXlI79 SOUTHOLDNY 11971 ~~ES RENDk~-D, -- - AMENDED INVOICE ~RE: HARPER TO TOWN O.F,SOUTHOLD SURVEY $950.00 MONUMENTS (3) 300.00 _TOTAL: $1~250.00 JOB ~4)S-144 SUFF_OLK~ .COUNTY TAX MAP NO: 100o-59.01.2o.1 BALANCE DUE UPON COMPLETION OF SURVEV -- 1 9 2005 0EH. OF k~ND PRESERVATION G~108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, .Y, JE Date Trx. Date Fund Account ......................... Use Acti 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 6/03/2003 6/03/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/23/2004 3/23/2004 H3 .600 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 CANNOT FORWARD. END OF FILE Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04262005-670 Line: 344 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/26/2005 SDT 4/26/05 : : Trx Amount... 950.00 : : Description.. SURVEY-HARPER-.67 ACRES : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 81208 SCNB : : Invoice Code. 05-144 : : VOUCHER ...... : : P.O. Code .... 13903 : : Project Code. : : Final Payment F Liquid. : : Type o? 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. : : F3=Exit F12=Cancel : GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, .. 8/28/2001 8/28/2001 A .600 .. 6/03/2003 6/03/2003 H3 .600 .. 12/02/2003 12/02/2003 H3 .600 .. 3/23/2004 3/23/2004 H3 .600 .. 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 4/26/2005 4/26/2005 H3 .600 iYi 4/26/2005 4/26/2005 H3 .600 JE Date Trx. Date Fund Account ......................... Use Acti 7/31/2001 7/31/2001 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04262005-670 Line: 345 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/26/2005 SDT 4/26/05 : : Trx Amount... 300.00 : : Description.. 3 CONCRETE MONUMENTS : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 81208 SCNB : : Invoice Code. 05-144 : : VOUCHER ...... : : P.O. Code .... 13903 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. : : F3=Exit F12=Cancel : RightF&x 4/13/2005 9:40 PAGE 002~002 Fax Server title insurance company 125 Bay[is Ro~d, ,~ite 201 MeM/le, ~ I1747 E31-501-96~ 5 f~c 651-~01~623 www.stewa ~itlemelvilk~.com 755 East Mai~ Street R/ve~ea(/, NY ! l~f 67d-727-4470 fmc 651-501-9623 NYSE: STC uvvolcE TITg~E NQ.: 25-S-0608 APP~T: Tow~ ~f S~u~old - ~nd P~MISES: t~0 La~ Drive~ Southold. New York 11971 Dbtri~: 1~0 ~on: 059.00 P~SE~O~O~R: Peconic ~nd Trust (fee title) and Sou~o]d Town Land Pr~e~ation (developmental CLOSING DATE: ~' , . Block: 01.00 . Lot: 02,0.001 Foc Insurance $56,~00.00 $535.00 Mortg~ ~c ~s~ ...... ~pa~en~l S~rch~ ~o~1) .?Day ~s~ioa N~ S~ By: A) En~tl (8.1) (429). $25.~ S~ ~m~i~ Ch~e x B) W~ver ~431 ) - $25.~ Endo~emenn (~e ~hedule) C) ~ (420) - $25.~ ~do~meot To~: D) Rcslden6d (436) - $25.~ , ~u~ Endo~t * ~ E) Rcvolv~g C~it (4~) - * ~ketV~ue~dor** x F~S~402)- * ~CO~G~s):D~(s): $2~.~ G)~9(401)- * Mo~s): ~ H) M~ct V~OC Rid~ (408) - ** S~is~on~sy: ~~ ~).. s o.0o [ * ~S Tr~fg T~ (a~uflly p~d by seller) ~ ~T P~onic Ba~ Tjx DEP~T~AL FEES ~r lot) Mogg~e T~ - ~oag~or) a) C/O - ~er Exc~$c ~ _ ~ .... d) ~- - To Pay I 0 Full Residen~ - E~row Sc~'ice C~8c ($50.00) I ~) Full Co~crci~ - ' Subject to change~verification at dosin SOCIAL SECURIFY NUIvlBERS: (IvLMNDATORY): BUYER(s):__ RECEIPTS DIRECT CHECKS: AMOIIN 1: SEIC CHECKS: AMOUN'[: The recording/filing fees referenced on this invoice include Stewart Titles fees for processing the subject recordings/filings TOX~'N OF SOUTIIOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 NINE HUNDRED EIGHTY FIVE _~¢qD 00/100 04/1.i/2005 DOLLARS PREPAID 4/14[05 .0.079961 CHECKNO. AMOUNT 79961 $985.00 PAY TO THE ORDER OF STEWART TITLE INSUP~2JCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 ,'O?qq~,kll' ,:O ;: ],l~051,~hl: ~% DO0001, O~' VENDOR 019624 STEWART TITLE INSUR3tNCE CO. 04/14/2005 CHECK 79961 FUND & ACCOUNT P.O.# INVOICE H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 13905 DESCRIPTION AMOUNT 25-S-0608 25-S-0608 25-S-0608 DEED REC FEE-HARPER-T 200.00 DEV RTS REC FEE/HARPE 250.00 TITLE INS-HARPER-TOS 535.00 TOTAL 985.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 1197~-0959 ONE HUNDRED ~D 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 04/14/2005 PREPAID 4/14/. .o. 0 959 79959 $100.00 PAY TO THE ORDF.-R OF KAREN HAGEN 2675 KERWIN BOULEVARD GREENPORT NY 11944 "'O?qqSq,' ':OBI, hOSl,~,h~: &~ ODD001, 0,' VENDOR 007707 KAREN HAGEN 04/14/2005 CHECK 79959 H3 .8660.2.600.100 P.O.~ INVOICE 041405 DESCRIPTION TITLE CLOSER-HARPER TOTAL AMOUNT 100.00 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 ! ) 765-5711 Facsimile ~.631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenae) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-095g DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Lend Preservation Committee Town Attorney Planning Board Tax Assessors Building Departmenl Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro Land Preservation Coordinator Date: April 15, 2005 Re: PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD SCTM #1000-59-1-20.1 Please be advised that the Town has acquired a development rights easement for open space purposes on the properly listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #1000-59-1-20.1 1920 Lake Drive, Southold OWNER: Peconic Land Trust (Peter F. Harper) PURCHASE DATE: Closing took place April 14, 2005 PURCHASE PRICE: $56,000.00 EASEMENT AREA: 0.67 acre (easement covers the entire property) PURPOSE: Preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. FUNDING: Community Preservation Funds MISCELLANEOUS: This property was purchased by the Peconic Land Trust at market value. The Peconic L~nd Trust's purchase was funded by private donors. At a simultaneous closing, the Peconic Land Trast so~d development rights easement as a Bargain Sale to the Town. This property yields one (1) sanitary flow credit that will be transferred to the Town's TDR Bank by resolution of the I-own Board. ?