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HomeMy WebLinkAboutDubner (South) MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (6311 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold. New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD RECEIVED To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Administrative Assistant August 16, 2005 DUBNER (south) to TOWN OF SOUTHOLD Development Rights Easement - 46.222 acres SCTM #1000-84-4-6.4 3670 Cox Lane, Cutchogue AUG 16 2005 $outhold To~v. ¢lerl~ Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated June 14, 2005, between Steven Dubner and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/30/05, in Liber D00012395 at Page 581 · Original title insurance policy #O-8831-327210 issued by Stewart Title Insurance Company on June 14, 2005 in the insured amount of $1,294,216.00 under title #24-S-0181 · Closing Statement Thank you. Melanie encs. CC: Assessors w/copy of recorded deed Jack Sherwood w/copy of recorded deed and survey maps Town Board w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 21 Receipt Number : 05-0068808 TRANSFER TAX NUMBER: 04-47292 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees Page/Filing $63.00 COE $5.00 TP-584 $5.00 Cert. Copies $13.65 SCTM $0.00 Com~n. Pres $0.00 TRANSFER TAX NUMBER: 04-47292 For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 06/30/2005 02:52:07 PM D00012395 581 Lot: 006.004 Exempt $5.O0 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $136.65 AUG - 8 2005 DEPT OF LAND PRESERVAHON Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 31 Page / Filing Fee ~0.~ __ Handling 5. __ TP-584 5 __ O0 Deed ! Mortgage Tax Stamp FEES Notation EA-52 17 (Countyl Sub Total EA-5217 (State) R.RT.S.A. Comm. of Ed. Affidavit Certified C~ NYS Surcharge Other 4 Dist. Real Property Tax Service Agency Verification 5. 00 /3 Section Sub Total Grand Total 1000 08400 0400 006004 I Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 I RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, New York 11968 8 Recording / Filing Stamps 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec ./AssR. 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 # of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD j71 Title Company Information Co. Name ,..~-/~,~,~'~ Title# Z~-,~ Suffolk County Recording & Endorsement Page This page forms part of the attached bewl0DmentE sr,,nenk madeby: (StJECIYY TYPE OF IN/STRUMENT) ' The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO 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) IMPORTANT NOTICE If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware ol the following: If a portion of your monthly mortgage payment included your property taxes. ~¥ou will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax statements. Local property, taxes are payable twice a year: on or belbre January. 10'" and on or beibre May' 31 '. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax pay,uent. Babylon To~n Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead. N.Y. 11901 {631) 727 3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 (631) 473-0236 Shelter Island Town Receiver ol Taxes Shelter Island Town Hall Shelter Island. N.Y. 11964 (631) 749 3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton. N.Y. 11937 (631) 324-2770 Smithtova~ Towel Receiver of'Faxes 99 West Main Street Smithtow~, N.Y. 11787 (6311 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631} 351-3217 Southampton Town Receiver of'Faxes 116 Hampton Road Southampton. N.Y. 11968 (631) 283 6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Southold Town Receiver of Taxes 53095 Main Street Southold. N.Y. 11971 {631) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk 6/7/05 South 1000-84-4-6.1 DEED OF CONSERVAT]'ON EASEMENT THTS CONSERVATION EASEMENT ("Easement") is granted this J~¢~ day of June, 2005, by STEVEN DUBNER ("Grantor") having an address of 140 Half Hollow Road, Dix Hills, New York 11746 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1179, Southold, New York. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 46.222 acres, in one parcel located at 3670 Cox Lane, Southold, in the Town of Southold, Suffolk County, New York, SCTM# 1000- 84-4-6.1, more fully described in EXHIBIT A attached hereto and shown as Lot #1 on the Conservation Subdivision Hap of Steven Dubner dated July 7, 2003, and last revised/~,~ ~12-~,~ prepared by John Ehlers; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 46.222 acres of prime soils, and 0 acres of soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" I of 20 F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products_It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importances" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated .]anuary, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILLION- TWO HUNDRED-NINETY-FOUR THOUSAND-TWO HUNDRED and SIXTEEN Dollars ($1,294,216.00) and the mutual covenants, terms, conditions and 2 of 20 restrictions contained herein, the parties agree as follows: 1. Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose it is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability, it is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Tmplementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains subject to all applicable local, state and federal laws and regulations. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term 3 of 20 "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and IVlarkets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 4 of 20 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined herein. In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Tmprovements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. If Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. :~0. Construction of Buildings and Other Tmprovements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 10(a) Fences -- Existing fences may be repaired, removed and replaced, ~ of 20 and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. 10(b) New Agricultural Structures and Improvements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products, (ii) the storage of equipment used for agricultural production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover more than 5% of such area. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(c) above, on up to 5% of the property. With advance written permission of the Grantee, pursuant to Section 18 (Permission), Grantor has the right to construct such Farm Labor Housing within the remaining Property. The land on which these structures stand shall not be subdivided. 10(d) Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables 6 of 20 or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary Improvements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). 11. Maintenance and Improvement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. 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 7 of 20 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 Purchaser. 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. Tn order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. 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, or in connection with necessary drainage and soil conservation programs, 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 8 of 20 construct and maintain the permitted structures and improvements on the Property and for farm operations, erosion control and soil management, without the prior written consent of Grantee. 16. Road Construction Grantor may construct roads for barnyards, farm markets, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would 1) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request which shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any 9 of 20 failure to grant permission to Grantor. :[9. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 19(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 21. Baseline Documentation 10 of 20 By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Xnspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such 11 of 20 violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity, l:n any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to Town of Southold by instrument dated ., and recorded in the office of the Clerk of Suffolk County at Liber at Page "Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. 26. 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, 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 12 of 20 shall alter the limitations placed upon the alienation of this property rights or interests which were acquired by the Town prior to any such amendment. 27. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2, extinguish or modify this Easement in accordance with applicable law. Tn that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28("Proceeds") herein. 28. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated at the price per acre set forth in the Purchase/Sale Agreement, by the unencumbered value of the Property, calculated as of the date of the appraisal obtained by Grantee prior to execution of this easement. The Proportionate Share is 71%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- 13 of 20 use, Grantee must notify the New York State Department of Agriculture and Markets 29. Interpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. Tf any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 30. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 31. Severability Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 32. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 14 of 20 33. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and dear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 34. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 35. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. 36. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and Markets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of 15 of 20 environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. 37. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 38. Entire AGreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 39. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 40. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and 16 of 20 any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 41. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby~i/~nds on the date first above written. Grantor.;/__--~~ ~----~~~ -~ ~ STEVEN DUBNER ~ Grantee: TOWN OF SOUTHOLD MARTIN H. SiDOR, DEPUTY SOPERVISOR State of New York ) Count), of ~l~(k'), SS: On the ] ~ ~day of L"f~k.q'~ in the year 2005 before me, the undersigned, personally appe~ed STEVEN DUBNER, personally ~own to me or proved to me on the basis of satisfacto~ evidence to be the individual (s) whose n~e (s) is (~e) subscribed to the within instrument ac~owlcdged to me that he/she/they executed thc s~e in hisSer/their capaci~ (ies), ~d that by hisSer/their signat~e(s) on the ins~em, the individual(s), or the person upon behalf of which the individual(s) acted, executed the ins~em. Signa~t~ndix~ing ac~owledgement ~REN J. 17 of 20 NOTARY PUBLI~%. NO, 02HA492 ?0~ ~ommi~sion ~p~res March State of New York ) NO' CounO, of ~f~ t< ), ss: On the I c/~day of /~'c.~ in the year 2005 before me, the undersigned, personally appeared MARTIN H. SIDOR, personally known to me or proved to me on the basis of satisfactoD' 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 capaci ,ty (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. i.j Signature/ol/~f ind~dual ~aking acknowledgement f t~ew YorR KAREN d. HAGEN '9 NOT^RY PUBLIG, State of Naw YorR t' ~ .,nty No. 02HA4927029 il. 20 _ Qualified in Suffolk County Commission Expires March 21, ~0 CADocuments and SettingsL~mne~,,ly DocumentsXAnne~Town of Southold Deeds or' Development Ri~ts~ubner DDR South.doc 18 of 20 Stewart Title Insurance Company Title No: 24S-0181 Schedule A Description AMENDED 6/14/2005 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 798.34 feet northeasterly, as measured along the same, from the easterly end of the curve connecting the northeasterly side of Cox Lane with the southeasterly side of Middle Road (C.R. 48), said point being also at the northeasterly side of land formerly of Homan and now or formerly of Ann and Eugene Berger; RUNNING THENCE along the southeasterly side of Middle Road (C.R. 48) North 70 degrees 19 minutes 20 seconds East 54.63 feet to Lot 2 as shown on Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land the following (2) courses and distances: South 43 degrees 26 minutes 50 seconds East 544.80 feet; North 70 degrees 19 minutes 20 seconds East 262.58 feet to the southwesterly side of land formerly of Damianos and now of formerly of Eugene and Marie Vandenbosch: THENCE along said land the following m'o (2) courses and distances: South 43 degrees 32 minutes 50 seconds East 334.06 feet; North 60 degrees 31 minutes 10 seconds East 494.30 feet to land now or formerly of Herodotus Damianos and The County of Suffolk; THENCE along said land South 43 degrees 48 minutes 10 seconds East, 999.77 feet to land now or formerly of the Long Island Railroad; THENCE along said land the following three (3) courses and distances: South 59 degrees 47 minutes 20 seconds West, 350.00 feet: South 43 degrees 48 minutes 10 seconds East. 20.58 feet: TOGETHER with all right, title and interest of the part5_' of the first pat1, in and to the land lying in the street itl front of and adjoining said premises. South 59 degrees 47 minutes 20 seconds West, 1274.22 feet to the northeasterly side of Cox's Lane: THENCE along the northeasterly side of Cox Lane, North 44 degrees 05 minutes 50 seconds West 1624.73 feet to a point; THENCE along said land, North 67 degrees 37 minutes 50 seconds East 107.65 feet to the southeasterly side of Lot 3 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005: THENCE along said land and Lot Nos. 4 and 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5.~24/2005 the following two (2) courses and distances: South 44 degrees 05 minutes 50 seconds East, 242.45 feet; North 67 degrees 05 minutes 10 seconds East, 768.12 feet to the southwest comer of Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 THENCE along Lot 5 as shown on above referenced ConseI'.'ation Subdivision of Steven Dubner, last dated 5/24/2005 and along land formerly of Homan and now or fom~erly of Ann and Eugene Burger North 43 degrees 26 minutes 50 seconds West, 700.41 feet to the southeasterly side of Middle Road (C.R. 48), the point or place of BEGINNING. TOGETHER with all right, title and interest of the part5., of the first part. in and to the land lying in the street in front of and a~joining said premises. ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE 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 E~VART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE The [odowing mot~ers are expressly excluded from the coverage of this polity and the Company will not pay loss or damage, costs, aH'omeys' fees or expenses which arise by reason of: 1. Ca) Any law, ordinance or governmental regulation (including but not limited to buildiag and zoning laws, ordinances, or regulations) restriding, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protedion, or the elfed of any violation of these laws, ordinances or governmental regulations, except to the ex'lent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation a~fecting the land has been recorded in the public records at Date of Policy. Cb) Any governmental police power not excluded by Ca) above, except to the extent that a notice of the exercise thereat or a notice of n defect, lien or encumbrance resulting [rom a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at, Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other molters: Ca) created, suffered, assumed or agreed to by the insured claimant; Ch) not known to 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 insured under this polity; Cc) resuDing in no loss or damage to the insured claimant; Cd) attaching or created subsequent to Data of Polity; or Ce) resulting ia loss or damage which would not have been sustained iftha insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this polity, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: Ca) tile hanaadion creating the estate or interest insured by this polity being deemed a fraudulent canveyance or fraudulent transfer; or Cb) the hansaction creating the estate or interest insured by this policy being deemed a preferential transtar except where the preferential transfer results from the failare: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a iudgment or lien creditor. 0-8831- 3 2 7 21 0 'iuom~oD pomsul oqt Ouo 'OOtlO6~l~l Auo ar.u~;uu; IO gln)aso~o 'puopp .., uOllOfiqq6 ~.; :;~l.q~l . :J b...I..iI,, t oql ol suo~l~fi~lqo puo ~H~qo!l I1~ 'uo~,Oo SNI to Aut~Omo) uq~ ;.q ~]...+ .~[ · a~um~ul~lunom~eqltoluem~dmpUelmAadOl . ~ '~l]l~vn ~0 NOII~NIWa]I :S~l~3 ]IHIS tSI~alHIO ~0 AVd Ol SNOIIdO '19~ ~0 %03 ~0 JOO~d s~ ~uojop o posodmlu~ ~o uo~pn un lqfino]q aau~ llOqS Auodmo) Ocli WAotlOLI~ SNOI.LV']fldlIS ONV SNOIIION03 Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 Date: June 13, 2005 Title No: 24S-0181 Mela~tie Doroski Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Premises: Reference: Town of Southold 3670 Cox Lane Cutchogue, New York 11935 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.: 24S-0181 Policy No.: O-8831-327210 Date of Policy: June 14, 2005 Amount of Insurance: $1,294,216.00 1. Name of Insured: Town of Southold County: Suflblk 2. The estate or interest in the land described herein and which is covered by this policy is: Development Rights Easement 3. Title to the estate or interest in the land is vested in: Town of Southold, who acquired Development Rights from Steven Dubner, by instrument dated 6/14/2005 and to be recorded in the Suffolk County 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: 084.00 Block: 04.00 Lot: 006.001, 4612 (7/93) Page 2 S T E W A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company Title No: 24S-0181 Schedule A Description AMENDED 6/14/2005 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York. being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 798.34 feet northeasterly, as measured along the same, from the easterly end of the cuxwe connecting the northeasterly side of Cox Lane with the southeasterly side of Middle Road (C.R. 48), said point being also at the northeasterly side of land formerly of Homan and noxv or formerly of Ann and Eugene Berger; RUNNING THENCE along the southeasterly side of Middle Road (C.R. 48) North 70 degrees 19 minutes 20 seconds East 54.63 feet to Lot 2 as shown on Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land the following (2) courses and distances: South 43 degrees 26 minutes 50 seconds East 544.80 feet; North 70 degrees 19 minutes 20 seconds East 262.58 feet to the southwesterly side of land formerly of Damianos and now of fom~erly of Eugene and Marie Vandenbosch; THENCE along said land the following two (2) courses and distances: South 43 degrees 32 minutes 50 seconds East 334.06 feet; North 60 degrees 31 minutes 10 seconds East 494.30 feet to land now or formerly of Herodotus Damianos and The County of Suffolk; THENCE along said land South 43 degrees 48 minutes 10 seconds East, 999.77 feet to land now or formerly of the Long Island Railroad; THENCE along said land the following three (3) courses and distances: South 59 degrees 47 minutes 20 seconds West, 350.00 feet; South 43 degrees 48 minutes 10 seconds East, 20.58 feet; 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. South 59 degrees 47 minutes 20 seconds West, 1274.22 feet to the northeasterly side of Cox's Lane; THENCE along the northeasterly side of Cox Lane, North 44 degrees 05 minutes 50 seconds West 1624.73 feet to a point: THENCE along said land, North 67 degrees 37 minutes 50 seconds East 107.65 feet to the southeasterly side of Lot 3 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land and Lot Nos. 4 and 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5~24/2005 the following two (2) courses and distances: South 44 degrees 05 minutes 50 seconds East, 242.45 feet: North 67 degrees 05 minutes 10 seconds East, 768.12 feet to the southwest comer of Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24./2005 THENCE along Lot 5 as shown on above referenced Conse~'ation Subdivision of Steven Dubner, last dated 5/24/2005 and along land formerly of Homan and now or formerly of Ann and Eugene Burger North 43 degrees 26 minutes 50 seconds West, 700.41 feet to the southeasterly side of Middle Road (C.R. 48), 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. SCE[EDULE B Title No.: 24S-0181 Policy No 0-8831-327210 EXCEPTIONS FROM COVERAGE This policy does not insure against lo~s or damage (and the Compnny will not pay costs, attorney's fees or expenses) whieh arise by reason of: Survey made by John C. Ehlers Land Surveyor chted July 7,2003 and last dat~ May 24,2005 ~hows premises as vacant land, dizt roms located near southerly anti easterly lines, wall located in c~ater of property. 2. Company except$ possible rights of others than the insur~ in, to and over the unpavai ditX roads as shown on survey herein, but the policy will insure that the use for Farmland protection will not be disturbetl by reason thereof. 3. Declaration set forth in Liber 12369 at Page 976. 4. Unpaid water and/or sewer charges to date, if any. 5. Policy exoepts the lien of restored taxe~, plus inter~t and p~nalties, if any. 6. Policy will except the t~rn~ and conditions of the Grant of Development Rights Easement to be executed by Steven Dubner and the Town of Southold 4613 (W93 Page 3 STEWART TITLE INSURANCE COMPANY ST'EWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 24S-0181 STANDARD NEW YORK ENDORSEMENT (Oxvner's Policy) ATTACHED TO AND MADE A P&RT OF POLICY NUMBER O-8831-327210 1. 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 priority 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) [f 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 signatoD', 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 hereof. Signed on June 14. 2005 '~["cwan i~itle lnsuran~C'ompany -~ Si ~g~.' C~ Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT {9 It93) FOR USEWITHALTAOV~NER'SPOLICY (101792) CONDITIONS AND STIPULATIONS ContimJed (continue~l and con¢~dded,from reverse., side of Polk Upon the exercise by the Company of either of the I~ls provrd~.d,rca in. pinei epgs' Cb) When J~ab~Jph extent of loss er damage has beea definitely fixed in (h)(i) or (ii), the Company's obligations to the insured under~is, pelicy for rba dnmmd I, % nr(,cordl i~ce wnh Ih ~,e Conditions and Stipulations, the loss or damage shall be payable damage, other than the payments required to he mode, shall ter~ereate, ~ucludiur any liobilih/or obligation lo defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF UABILI~ ANO COINSURANCE This pohcy is a contract of ?ndemnih/against actual monetacy las, or darrmge !u'.t or incurred by the insured cJeiman/who has suffered Joss or damag,' by led!au ,}f iii insured against by this policy and only to the extent harem described Ca) Tho liability ohhe Company under this policy shall not exceed the leait of (i) the Amouet of Insurance xtated in Schedule A; or, ([i) the differeuce bet-ween the value of The ;neared estate or iiIteresT a, m ereq and the value of the insured estate or interest SUbleCt to the detect hen ,m ~'ncumb~ance insured against by this policy. Cb) In the event the Amount of Insurance stated in Schedule A et the Dat~ of Pal cy is less lhan 80 perceut of the value of the iusured estate or interest or tge full con!~demtiun prod for the estate or [ntemsh whichever is less, or J[ subsequent lo the Date of Polih, urJ improvemem is erected on the land which increases the value or lhe in.)ared estate or imemst by al least 20 percent over lhe Amount of Ioserauce stated [n Schedule A, then this Pahcy is subject ~o the following (i) where no subsequent improvement has been made, as to any partial los, the Company shall only pay the loss pro rala in the proportion that the amounl of inserauce at Data of Policy bears to the total value of the insured estate or interest at Date of Pohcy; or (ii) where o subsequent improvement hes been made, as to any partial los,, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount or Insurance stated in Schedule A bears to the sum or the Amount of insurance stated in Schedule A and the amount expended for the improvement. The provision~ of this paragraph shall not apply ~o costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that puritan of anf loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Cc) The Company will pay only those cools, aHorney's fees and expenses incurred in accordance with Section 4 or these Conditions and Stipulations. 8. APPORTIONMENT. If the land descnbed in Schedule A consists of lwo or more parcels which are no~ used as a single site, and a loss is established affecting one o~ more of the parcels hut not o11, the loss shall he computed and settled on a pro rata has;s as if the amount of insurance under this policy was divided p~o rata as to The value on Date of Policy of each separate parcel Io whole, exclusive of arly improveelea~ made subsequent to Date of Policy, unless a liah[hh/or value has otherwise been agreed upon as ta each parcel by the Company and lhe insured al the tiele of the isseouce of this panty aud shown by an express statement or by all endorsement attached Io This policy. 9. LIMITATION OF LIABILIIY. Ca) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim unmarketabilih/of title, all as insured, in a reasonably diligent manner by any method, including gtigation ned the completion of any appeats therefrom, it shall have folly performed its obligations wilh respect Jo lhal mailer and shall not be liable for any loss or damage caused thereby. Cb) In the event or any litigation, including lihgation by the Company or with the Company's consent, the Company shall have no gabilih/ior loss er damage until there has been a iinal delermination by a court of competent iurisdicgon, and disposition of all appeals therefrom, adverse to the title as insured. Cc) The Company shall not be hable fu~ loss or damage to any insured for liabig~ voluntarily assumed by the insured in selffing any claim or sail without the prior written consent or the Company. 10 REDUCTION OF INSURANCE; REDUCTION OR TE~INATION OF UABILI1'(. Ail paymenls under this policy, except payments alade ior costs, attorneys' rues and expense~, shall reduce the amount of the insure ace pro tanto. 11. LIABILIff NONCUMULATIVE. It is expressly underslood that the omounl of insurance ander Ibis policy shall be reduced by uny amount the Company may pay under any pogcy insuung a mortgage to which exception is taken in Schedule B or Io which the insured has agreed, assumed, or taken subject, o~ which rs heleaffer executed by an insured and which is a charge or lien on the estate or interest described or retorted Jo in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. Ca) No paymem shall be made without producing this pohLy for endorsement of the paymenl unless the policy has been lest m destroyed, in which case proof of loss or desttud~on shall be famished to the set[sfuctioe of the Company w Thio lO days thar,,nffer i SIIBROGATION IJPON PAYM£NT OR SE'ITLEMENT. (n) The Comrany~s Right of Subrogation. Whoue~m th~ :,mpuey shall have sortied and paid a claim under this policy, all right ef !Lbroguhen eh,Ill ,~sr iri the Company undffeded by any ad of the ;nsured claimant. [I e (oe,pnn¥ hull be subrogated to and be entitled TO all nghts and remedies which the housed cluirhant ~,,uld t~eve had against any person or pfoperh/in respect to the claim had Th~s po ~,.~ nut he~ ~sueq l[ requested by lhe Company the [nsumd claimant shall transfer m the ~:urupuny all r gbl~ uud remedies against uuy parsee m properly necessary [n order To [,,riect T:]~i ~ghl u' sebrogaliom The [nserud claimant shall permil the Company to sue, ~cmprueJ~se u~ snJrJ~ in dm name of tho insured claimant and to use the name of the insured ill[mrna in env trursectlon or bi[gallon involwng these r[ghls er remedies If e payreout c ri uccouut of n claim does eot fully cover the Joss of the insured claimant, Ihe Coo]puny ,.hell b,~ iubrogdted to these rights and realedies in the proportioe which the (,,mpa iV') pe~mem henr~ To the whole amount of the loss. If la~ should ~esult from any ecl of the insured cla~rllant, as stated above, that act shall rmt voit this policy, but Tile Company, in tho? event, shall be required to pay only that pan of uuy Io~nes insured ,]gainst by this policy which shall exceed the amount, if any, lost to the Company by reasou of the ?mpairmenl by the insured claimant of the Company's right of subrogdtion (b) The Compam/s Rigbls ~oinst Non-in~Jr~J Obligom. The Company", right of subrogation against non-insured obligors shall exist and shall include, wilheul limilation, the rights o[ the insured ~o indemnities, guaranties, other pogdes of inseronce or bonds, nolwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION grgess prohibited by npplicahle Iow, either the Company or the insured may demand arbitration purseaul to ~he Title Insurance Arbihotion Roles of the American Arbitration Asseaation. Arbitrable matters may include, but are not limited to, any conhovemy or claim bet~eer, the Company and the insured arising out of or relating to this policy, any service of the Co,epm~y in connectiou with its issuance or the breach of a policy provisioa or other ahligahen. All arbi,roble matters, when the Amount of Insurance is S1,000,000 or less shall be arbdlaled at lhe option of eilher the Company or the insured. All arbihable matters when lhe Amount of hlserance is in excess of $1,000,000 shall he arbitrated only when agreed to by bolh the Company and the insured. Arbitration purseauJ Jo this policy and undm the Rules meffe, t on the dole The demand for arbitration is mode Dr, Ot the option of the insured, the Rules [ri effect at Dine of Policy shall be binding upon the parties. The award may include attorneys' fees only ~f the laws of the state in which the land is located permit e court 1o award attorneys' fees to a prevailing party Jadgmeut upon the award rendered by the Arhittamr(s) may be entered m any covet hawng lurisdictinn thereof. The law of the situs of the land shall apply to oil crbitration under the Title Insurance Arbittation Rates. A copy or the Rules may be obtained from lbo Company upon request. 15. UABILI1'~ LIMITED TO TtiJ$ POLICY; POLICY ENTIRE CONTP, AL'T. Ca) This policy together with all endorsements, if any, ah'ached hereto by the Company ~s the entire policy and contract belween the insured and the Company In interpreting any provision of th~s pohcy, th~s policy shad be construed as a whole. Cb) Aey claim of loss or damage, whether or not based on negligence, and which arises oul or ~he status of the title 1o the estate or interest covered hereby or by any anion asseding such claim, shall he restricted to this policy Cc) ~Jo amendment of or endorsement to this pohcy can he made excep~ by a woting endorsed hereon or altached hereto signed by either the President, a Vice President, the Secretary, an Asoislent Secretary, or validating officer or aulhorized eignalop/af the Company. 16. SEVERABILII'/. Ir, ihe eveni any provision oi the policy is held invalid or unenfurceagle under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and eev statement iu writing required to be furnished tile Coe~pany shall include the number of this policy and shall be addressed to the Company ar 300 East g2nd Street, New York, New York I0017 ~',J T E ~¥A RT TITLE~' CLOSING STATEMENT STEVEN DUBNER to TOWN OF SOUTHOLD Development Rights Easement - 46.222 acres 46.222 buildable acres @ $28,0001acre Premises: 3670 Cox Lane (sis Rt 48), Cutchogue, NY SCTM #1000-84-4-p/o 6.1 Closing held on Tuesday, June 14, 2005 at t0:30 a.m., Land Preservation Department, Southold Town Hall Annex Purchase Price of $1,294.216.00 disbursed as follows: Payable to Steven Dubner Check #81862 (6/14/05) *total check = $1,300,966.00 Expenses of Closing: Appraisal Payable to Given Associates Check #72315 (7~8~03) Survey John C. Ehlers Land Surveyor Payable to Steven Dubner Check #81862 (6/14/05) (reimbursement) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #76111 (4/20/04) Title Report Payable to Stewart Title Insurance Company Check #81865 (6/14/05) Fee insurance $ 5,587.00 Recording deed $ 300.00** **includes certified copy $ 1,294,216.00' $ 2,200.00 $ 6,750.00* $ 1,100.00 $ 5,887.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #81867 (6/14/05) $ 100,00 Those present at Closing: Martin H. Sidor Lisa Clare Kombrink, Esq. Steven Dubner Karen Hagen Melissa Spiro Melanie Doroski Marian Sumner Southold Deputy Town Supervisor Attorney for Town of Southold Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Peconic Land Trust ~'~ ~:'T,S~E! ' r4o H~iLF HOLLOW ROAD O000Oq 0~' VENDOR 004834 STEVEN DUBNER 06/14/2005 CHECK 81862 H3 ,8660.2.600.100 H3 ,8660.2.600.100 TBR77 TBR77 06~0S 21~8B DEFCRIPTION MOUNT DEV RTS-46.222 1,294,216.00 SURVEY REIMB-COX LA 6,750.00 TOTAL 1,300,966.00 GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 May 28, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Steven Dubner, S.C.T.M. #1000-84-4-6.1 Located Easterly Side of Cox Lane, Cutchogue, NY File# 2003211 $2,200.00 JUN - 3 2003 DEPT OF LAND PRESERVATION GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-07082003-011 Line: 164 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE JE Date Trx. Date Fund Account : ........................ Use Acti : 12/03/2002 12/03/2002 H3 .600 : 12/03/2002 12/03/2002 H3 .600 : 12/17/2002 12/17/2002 H3 .600 : 12/17/2002 12/17/2002 H3 .600 : 1/07/2003 1/07/2003 H3 .600 : 1/07/2003 1/07/2003 H3 .600 : 3/11/2003 3/11/2003 H3 .600 : 3/11/2003 3/11/2003 H3 .600 : 3/25/2003 3/25/2003 H3 .600 : 4/08/2003 4/08/2003 H3 .600 : 4/08/2003 4/08/2003 H3 .600 : 5/20/2003 5/20/2003 H3 .600 : 6/03/2003 6/03/2003 H3 .600 : 6/03/2003 6/03/2003 H3 .600 : Y 7/08/2003 7/08/2003 H3 .600 : ................... Use Ac~i : Select Record(s) or Use Action Code Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ Invoice Code. VOUCHER ...... P.O. Code .... Project Code. 72315 SCNB 2003211 10648 7/08/2003 SDT 7/09/03 : 2,200.00 : APPRAISAL-DUBNER : 007416 : GIVEN, SRPA/PATRICK A. : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 7/08/2003 : Date Cleared. 7/31/2003 : F3=Exit F12=Cancel F21=Image : JUMPJ-2005 14:54 FROM:JOHN C EHLERS 631 369 8287 T0:7656640 P.2/0 Bill To Town of $outhold J Town Hall Southold, N.Y. 11971 JOHN C. EHLERS LAND SI. ~RVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 7/17/2003 ] 21685 Your Client ;teven Oubner Dale of Service 7117f2003 Description  nt su~ey of two parcels for purchase of de~, from Steven Dubner SCTM# i My Job # JUN - 6 2005 1000-1~4-4-6.1&7.1 : 2003-210 Amount 6,750.00 Total $6,750.00 Balance Due so oo WE ACCEPT VISA, MASTERCARD, AMERICAN EXP ;~ESS AND PAY PAL! CALL ]'ODAY TO PAY THIS INVOICE! lelson, Pope & Voorhis, LLC ,72 Walt Whitman Road Phone: 631-427-5665 4elville NY 11747 Fax: 631-427-5620 Invoice Property: 04039 Project: VA01432 Dubner Property, 3670 Cox Lane, Cute Manager: McGinn, Steven Town of Southold Dem of Land P[eserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2377 Invoice Date: April 07, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,100.00 Contract Item #1: Prepare Phase I Efvironmental Site Assessment Work Performed: 2/11 thru 3/10/04 Contract Amount: $1,100.00 Pe/cent ~omplete: 100.00% F6e Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Amount $1,100.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 N~LSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 1/20/2004 1/20/2004 H3 .600 1/20/2004 1/20/2004 A .600 1/20/2004 1/20/2004 A .600 1/20/2004 1/20/2004 A..600 1/~0/2004 1/20/2004 A .600 1/20/2004 1/20/2004 A .600 2/24/2004 2/24/2004 B .600 3/09/2004 3/09/2004 H3 .600 3/09/2004 3/09/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 4'/20/2004 4/20/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 5/18/2004 5/18/2004 A .600 5/18/2004 5/18/2004 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04202004-235 Line: 288 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/20/2004 SDT 4/21/04 : : Trx Amount... 1,100.00 : : Description... PHASE I ESA-DUBNER PROP : : Vendor Code.. 014161 : : Vendor Name.. N~LSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 76111 SClffB : : Invoice Code. 2377 : : VOUCHER ...... : : P.O. Code .... 11748 : : Project C~de. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/20/2004 : : Date Cleared. 4/30/2004 : : F3=Exit F12=Cancel : · -f~;.~ ' TOWN OF SOUTHOLD · '~ · ': ~ ' ~ ?~' · ~ -~*e~.. ..-:. ' ' ' . ~ 53095MAINROA~' - '- ~*~ ~,~n~)~ :"L~-'"'; =:~".' "' .... "~ $OUTHOLD NEW 'CORK 1~971:0959 .... ' ~:~" : ...... , ;"?/ - " : "' : ' DAtE . :CHECK NO, "-j're*' THOUS~D 'ESGHT H~DR~b"~I.~HTY SEVEN ~D :00f'10'0 STEWART TITLE INSUPJ%NCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 'PAY /HE O~DER · OF E3, O0000N Oil' VENDOR 019624 STEWART TITLE INSURAi{CE CO. 06/14/2005 CHECK 81865 ~[~T~ ~ A~T~JT P O ~ H3 .8660.2.600.100 11750 H3 .8660.2.600.100 11750 TNV©TCE 24-S-0181 24-S-0t81-A DESCRIPTION AMOUNT TITLE/INS POLICY-DU 5,587.00 REC EASEMENT-DUBNER 300.00 TOTAL 5,887.00 ' : -- - 'i;: ~i,. ;: ] . '. -ORDER AMOUNT $id,o. OD OO00DN 0,' VENDOR 007707 KAREN HAGEN 06/14/2005 CHECK 81866 ~'T TNTT~ ~- H3 .8660.2.600.100 p.o.~ TRTVOTC~ 24-S-0181-2 D~CPTPTION TITLE CLOSER~DUBNER TOTAL AMOUNT 100.00 100.00 TOWN OFSOUTHOLD · SOUTHOLD Iq, 11971 0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenuel Southold, New York MAILING ADDRESS: P.O. Box 1179 Southoid, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOV(N OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preserva6on Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator June 14, 2005 STEVEN DUBNER (south) to TOWN OF SOUTHOLD SCTM #1000-84-4-p/o 6.1 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: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 3670 Cox Lane, Cutchogue Steven Dubner Closing took place June 14, 2005 $1,294,216.00 (based on 46.222 buildable acres @ $28,000/acre) 46.222 acres Community Preservation Funds (eligible for a partial funding reimbursement from a grant from NYS Dept. of Agriculture & Markets) This property is part of a conservation subdivision that received conditional final approval from the Planning Board on June 13, 2005, dividing the 53.77 acre parcel into Lot 1 (46.222 acres development rights easement to Town), Lot 2 (3.0 acres), Lot 3 (1.496 acres), Lot 4 (1.306 acres) and Lot 5 (1.747 acres) This property is listed in the Town's Community Preservation Project Plan.