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HomeMy WebLinkAboutPeconic Land Trust (Charnews)MELISSA A. SPIRO LAND PRESERVATION COORDINATOR mel issaspiro @towasouthold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 RECEIVED ,~'~OF SOpj~o~ ~~ • ~~0~ ~~y00UN1Y,N",~' DEPARTMENT OF LAND PRESERVATION JUL 3 1 2008 TOWN OF SOUTHOLD Southold Town Cier~ To: Elizabeth A. Neville Town Clerk From: Melanie Doroski Sr. Administrative Assistant MAILING ADDRESS: P.O. Box 1179 Southold, NY 1 1 971-0959 Date: July 25, 2008 Re: PECONIC LAND TRUST. INC. ICharnewsl to TOWN OF SOUTHOLD Development Rights Easement - 21.0430 acres SCTM #1000-63-1-25 Betty: Enclosed for safekeeping in your office, please find the following documents: • Original Grant of Development Rights Easement dated June 9, 2008, between Peconic Land Trust and the Town of Southold, recorded in the Suffolk County Clerk's office on 6/17/08, in Liber D00012554 at Page 763 • Original Declaration of Covenants and Restrictions dated June 9, 2008, made by Peconic Land Trust in relation to the subject easement, recorded 6/17/08, in Liber D00012554, at Page 764 • Original title insurance policy #27-031-06-33-22062 issued by Fidelity Nation Title Insurance Company on June 9, 2008 in the insured amount of $1,683,440.00 (title no. 08- 7404-71368-BUFF) • Closing Statement Thank you. Melanie OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 06/17/2008 Number of Pages: 20 At: 09:34:37 AM Receipt Number 08-0057635 TRANSFER TAX NUMBER: 07-29477 LIBER: D00012554 PAGE: 763 District: Section: Block: Lot: 1000 063.00 01.00 025.000 EXAMINED AND CHARGED AS FOLLOWS Deed Azncunt: $1,683,440.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $13.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $133.00 TRANSFER TAX NUMBER: 07-29477 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 4Ntl1i0 O JUL 2 4 ^:(!'; -- ~~ C 2 - 3 Number of pages (3 ~ F:Ei:~ IRCED dpi i~, 1~ m ?' =ra: 34: `' at9 TORRENS i~~dith G. ~',-~_y,-? .~~EGit, n.F Serial # _ ~ ~F~,~Lt I_ ~ ~; rdr~. ~ rajpil+:x`_:54 Certificate # F, ;,r,:. Prior Ctf. # l~Tlt Ili G~`t-~-. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 4 FEES Page /Filing Fee t/T_ Mortgage Amt. Handling 1. Basic Tax / TP-584 _~ 2. Additional Tax _ Notation Sub Total _ EA-32 17 (County) Sub Total Spec./Assit. Or EA-3217 (State) Spec. /Add. ILP.T.S.A. ~~~ ~ TOT. MTG. TAX Comm. of Ed. 5 00 :ry ~ ~ ~ Dual Town Dual County Held for Apportionment Gl; Affidavit + - Transfer Tax ~(amp,~ ~ Certified Cop v ~ ~~_ ~ ~ ~ ~~ Mansion Tax The property covered by this mortgage is or Reg. Copy will be improved by a one or two family Sub Total dwelling only. S Other YES or NO 33 ~ GRAND TOTAL / If NO, see appropriate tax clause 9n p~ge # t 1N ~ of this instrument. /,~ y 'n~ (G C/ V 5 Real Property Tax Service Agency Verification 6 Conununity Preservation Fund Dist. Section Black Lot Consideration Amount $ ~ 1000 06300 0100 025000 CPF Tax Due a Stamp -_._~ T S P Improved Date REAP A 13~IUN-0 Vacant Land Initials ~ Satisfactionsiurscnarges,rccrnascs i.rsr r,upcny vwucrs inaumg nddres TD RECORD & RETURN TO: TD TD Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton NY l 1968 g Title ComoanY Information 9 This page fom~s part of the attached (SPECIFY TYPE OF INSTRUMENT ) ..~ TO / ~Wq/ O~ ~ouT'I.a~~ Co. Name (Title # Q ~ - inl? & Endo: TS made by: ~(9-J en~~+~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of ~ o c~~.o I ~ In the VILLAGE or HAMLET of !b- BOXES ~'°l~ 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR `I~R~ING OR FILING. (OVER) ,. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~ day of June, 2008 at Southold, New York. Th~ga~es~a~e ~~ ~~/ PECONIC LAND TRUST INCORPORATED, P.O. Box 1776, bout a pion, New York 11969 (herein called'~Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-63-1-25 more fully described as the 'Development Rights Easement Area" in Schedule "A-1" attached hereto and made a part hereof and hereinafter referred to as the 'Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural 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 which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be 9,~~ binding upon and shall restrict the premises shown and designated as 1. nC the Property herein, more particularly bounded and described on i p Schedule "Alannexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty ~•~ ~ Grantor warrants and represents to the Grantee that Grantor is ~4, the owner of the Property described in Schedule Alfree of any ~ mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 2 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 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 Development Rights Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey")„ and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvoe 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 uses or purposes consistent with the terms of this Easement including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as 3 defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or code. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and 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 enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 4.06 of this Easement. 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 walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator 4 animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3 02 Excavation and Removal of Materials: Minina 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 or 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 construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the 5 Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be inconsistent with agricultural production as defined above and shall not 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. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainaoe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 6 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as 7 defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4 06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area 1 and Agricultural Structure Area 2, both described separately in Schedule A-1, attached hereto and made a part hereof; (iii) Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) above. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 8 D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Agricultural Structure Area 2 Restriction. Structures and improvements within Agricultural Structure Area 2 described in Schedule "A-1" attached hereto (i) shall not exceed 2,000 square feet in the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments 9 Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, 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 Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05 in order to protect the environmental, natural, scenic and agricultural values 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 implement the Plan, and to recover the costs of such implementation from Grantor, as provided,in Section 6.03. 10 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Insoection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within 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 preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (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 11 (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after 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 At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable 12 to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandina This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. 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. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law 13 New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 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 Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST INCORPORATED, Grantor 14 By: by ufield Vice resi nt ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: '~. ` J hn P. Sepenoski Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this l day o~fuNC- in the year 2008 before me, the undersigned, personally appeared Timothy J. Canfield 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) a~ executed the instrument. NOtary PUbIIC~~. ROBER7DEFRESE ~~ Q O g~~ ~ ~~Q~S~ NotaryNo. 01DE60351N~w York ,~`O, 'O/~t~~03 s~~7 Qualified in Suffolk County Commission Expires October 24, _~ QUAC. SuF(~, c+o.f c~oAl/A•giC/'. /n/a5~'//u STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this Q day ofTuNt in the year 2008iB8 before me, the undersigned, personally appeared John P. Sepenoski, 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 'ndividual(s) acted, executed the instrument. eneee. ^°""EBE Notary Public NotaryPublla8tegofNewYork ~{~/ No.01DE5038117 •/ R ~ .. VueliRsd in SuRolk County d 'S6 R 1 .•ommission Expinss OdoDer 24, _~ y ~ tyv. OI~D sS03 S//7 ( W Z:\Town of Southold\CHARNEWS (PLT)\Easement 6408.doc ~p/acZC~D 15 Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-71368-BUFF SCHEDULE A-1 (Description) DEVELOPMENT RIGHTS EASEMENT AREA S.C.T.M. 1000-63-O1-PART OF 25 ALL that certain plot, piece or pazcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebaz set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc. a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; CcDNr.~ THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY.' Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHL;DULE A-J (Description) Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-71368-BUFF SCHEDULE A-1 (Description) (Continued) THENCE along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees OS minutes 00 seconds West along "Founders Village Condominium, Section 1" and others a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees OS minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING AGRICULTURAL STRUCTURE AREA 2 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line CC O NT.~ THE POLICY TO BE ISSUED under this commitment will insure the tilde to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and ro the land lying in the street in front of and adjoining said premises. SCHEDULE A-1 (Descrlptton) Fidelity National Title Insurance Company of New York TITLE NO.08-7404-71368-BUFF SCHEDULE A-1 (Description) (Continued) of North Road (C.R. 48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGEJNEQG at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RiJNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING FOR INFORMATION ONLY ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: ~Cvn1T THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises whit by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, fitZe and interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A-1 (DescripdionJ Fidelity National Title Insurance Company of New York TITLE N0.08-7404-71368-BUFF SCHEDULE A-1 (Description) (Continued) BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue) at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees OS minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly corner of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue (formerly Railroad Avenue) South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue (formerly Railroad Avenue), South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHF.DUI,E A-7 (Description) r SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 5 Receipt Number 08-0057635 Recorded At: 06/17/2008 09:34:37 AM LIBER PAGE: District: Section: Block: 1000 063.00 01.00 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert.Copies $5.20 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUL 2 4 Zoos a D00012554 764 Lot: 025.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $75.20 Judith A. Pascale County Clerk, Suffolk County ^i ^2 Number of pages F'ECOF. ~~EC; ~i;i;I==; ;:, " Ht9 ?' 03 '4 , rl : : '~ Tl idi .,i Y. fC_~~ 3." This document will be public CIGF'k:: OF ~~.o~r .-oL~r;r:~ record. Please remove all ~ -~ooot<~`4 Social Security Numbers F ^r.4 prior to recording. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEES Page /Filing Fee f) Mortgage Amt. 1. Basic Tax Handling 5. 00 2. Additional Tax TP-584 Sub Total Spec./Assn. Notation or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX ~~ ~A R P T S A .°L~ Dual Town Dual County . . . . . , Held for Appointment Comm. of Ed. 5. 00 ~ ~• > ~ Transfer Tax Affidavit _ - - ~--- ~~ ~. (~ ~ ~ Mansion Tax The property covered by this mortgage is , ~ Certified Co ~ '" py ~ ` or will be improved by a one or two NYS Surchazge 15. 00 family dwelling only. Sub Total YES or NO Other ~ Grand Total % ~~• a ~ If NQ see appropriate tax clause on j~ page # of this instrument. 4 ~. , ~ .-. ,,000 1000 06300 0100 025000P~o ~ ~ 5 Community Preservation Fund Real Property P T S Consideration Amount $ A Tax Service REAP Agency 13JUN-0S CPF Tax Due $ Verification Improved 6 Satisfactions/Dischazges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land // /~ v L-tS,4 1,~.4re Korn~or~Nk ESv TD , a 3s f'(Ai+IP~N ~e/1 c~ TD .So~TT,R.np,t„vr Ny !l4fo8 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Co. Name Falr-/.T ,ar; Ti~~- www.suffolkcountyny.gov/clerk Title # O 8 - /,3 8' g I Suffolk County Recording 8i Endorsement Page This page forms par[ of the attached J3¢C/Ana7.'o.ti ~~ ~ONUP.v.a~NTS ~ ~•¢3TrrcTi o.~cl made by: (SPECIFY TYPE OF INSTRUMENT) P~ c one i c ~l~n~ ~ I R y~ The premises herein is situated in ~ N C~ ~~~~-~-~ SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ,,Snc..~Tk aCcA I O W A n F S O U (~ L~ In the VILLAGE or HAMLET of BOXES 6 THRU S 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 of the following: If a portion of your monthly mortgage payment included your property taxes, *you 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 before January 10'" and on or before 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 payment. Babylon Town 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 One Independence Hill Farmingville, N.Y. 11738 (631) 451-9009 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (631) 324-2770 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (631)351-3217 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (631) 224-5580 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (631) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (631)360-7610 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (631) 283-6514 Southold Town Receiver of Taxes 53095 Main Street Southold, N.Y. 11971 (631) 765-1803 Sincerely, c~... a. >o~~ Judith A. Pascale Suffolk County Clerk l2-OI04.. 06/O6kd DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 9th day of June, 2008, by PECONIC LAND TRUST, INCORPORATED hereinafter referred to as the "DECLARANT"; as owner of the premises designated as part of SCTM #1000 - 63 -1-25 and shown on a survey prepared by Peconic Surveyors P.C. dated March 20, 2008 and last revised June 6, 2008, and a portion of which is designated as the "Residential Reserved Area" and described in the metes and bounds description attached hereto and made a part hereof, hereinafter referred to as the "Residential Reserved Area". ~ a9 ~ H Arn P7vN ~2DA`O, SovT'rFAm P7Y~rJ, N `~ l1 9 ~~ WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 3005 Young's Avenue, Southold, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated June 9, 2008 for a part of SCTM #1000 - 63 - 1-25; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town" the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and ~~. S3o9s m/~rrJ /ZoA~o~ p. O. ~Ox //79, sovTtfoc,~0, N7° /iQ'7! WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Reserve Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Grantor shall not make application for and seek a change of zone or any other relief from the Town of Southold that would allow the subdivision of or a residential site plan approval for the Residential Reserved Area, unless such application provides for the transfer of development rights, in a form acceptable to the Town of Southold and as required by the Town Code. 2. Notwithstanding the restrictions contained in Paragraph 1 above, Grantor retains the right to those uses permitted by the Town Code in the R-80 zoning district, including but not limited to principal and accessory uses or uses which may be granted by special permit, special exception, or variance, now or,as the Town Code may be amended, subject to the limitation in Para. 1 above with respect to subdivision and residential site plan approval. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. 2 { IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: PISA IC AN TRUST, INCORPORATED By: thy aufield, Vice President STATE OF NEW YORK) COUNTY OFSc.Ff~ IK ) SS.: On the ~ day of ~.M2 in the year 2008 before me, the undersigned, personally appeared Timothy J. Canfield, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in Notary Public Nota ROBERT DEFRESE rY Public State q(N9W York No. 01DE5035117 Qualified in Suffolk County Commission Expires October 24, Fidelity National Title Insurance Corppany of New Yorlc TPI'LF, NO. OS-7404 71368-BUFF SCHEDULE A-I (Description) RESIDENTIAL RESERVED AREA 1000-63-Ol-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffo]k County Clerk under Condominium Map No. 115; Ri.TNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING Fidelity National Title Insurance Company Policy Number: 27-031-06-33- 2 2 6 2 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by [he Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is no[ limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized bylaw; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, enwmbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access [o and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection FORM 27-031-0633 ALTA Owner's Policy (617-06) w/New York coverage Endorsement Appended if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any par[ of the Land, is recorded in the Public Records. 8. Any taking by a governmental body [hat has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any par[ of the title to or any interest in the Land oceurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records [hat vests Title as shown in Schedule A. The Company will also pay [he costs, attorneys' fees, and expenses incurred in defense of any matter insured against by [his Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by it duly authorized officers. Fidelity National Title Insurance Company ~~ Countersigned:.. uthorized Signature ~, .,,,~ SEAL "4 K~ ~~~~~ ~~~~~a~ ATTEST Presidem ~~ ~~~ ti ~~r~iary FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) whew York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: 27-03 1-06-3 3-22062 Title No.: 08-7404-71368-BUFF SCHEDULE A Amount of Insurance: $1,683,440.00 Date of Policy: June 9, 2008 at 9:00 AM 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Insure Development Rights 3. Title to the estate or interest in the land is vested in: Town of Southold Deed made by Peconic Land Trust Incorporated dated June 9, 2008, recorded June 17, 2008 in the Suffolk County Clerk's Office in Liber 12554 page 763. 4. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page I Rev. (01104) Fidelity National Title Insurance Company ,,, , , Policv No: 27-03 1-06-3 3-22062 Title No.: 08-7404-71368-BUFF SCHEDULE A-1 Description DEVELOPMENT RIGHTS EASEMENT AREA S.C.T.M. 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc. a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and ICrupski; THENCE along lands now or formerly of Fisher and [Crupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; Schedule A-1 (Description) Owner's Policy Page 2 Rev. (07J04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-BUFF SCHEDULE A-1 Continued THENCE along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees OS minutes 00 seconds West along "Founders Village Condominium, Section 1" and others a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees OS minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNNING THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; Schedule A-I (Description) Owner's Policy Page 3 Rev. (0?104) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-BUFF SCHEDULE A-1 Continued THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-O1-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or pazcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue) at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. 1 and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees OS minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; Schedule A-I (Description) Owner's Policy P e 4 ag Rev. (07J04) FH)ELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-BUFF SCHEDULE A-1 Continued THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly corner of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes ] 0 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue (formerly Railroad Avenue) South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and I{rupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue (formerly Railroad Avenue), South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. Schedule A-1 (Description) Owner's Policy Page 5 Rev. (07104) Fidelity National Title Insurance Company r-rrr Policv Number: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF SCHEDULE B -PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Survey made by Peconic Surveyors PC dated 06/06/08 shows a 2 story frame house; frame barn; dilapidated frame building; 3 buildings; driveway; pump house in southerly part of premises; driveway located on land now or formerly of Schlachter encroaches 1.8 feet south of northerly line; fences and evergreens at variation with record lines. 2. Premises herein are listed as exempUpartially exempt from real estate taxes. Premises are subject to taxation on the full assessed valuation and said additional taxes and/or interest and penalties, if any, shall be levied from the date of death or the transfer from the owner entitled to the exemption and to who such exemption was duly granted. 3. Declaration of Covenants and Restrictions made between Peconic Land Trust Incorporated and the Town of Southold dated 06/09/08 and recorded 06/17/08 in the Suffolk County Clerk's Office in Liber 12554 page 764. Schedule B Owner's Policy Page 6 Rev. (0?104) ___ Fidelity National Title Insurance Company ,,, , OWNER'S POLICY Attached to and forming a part of Policy No. 27-031-06-33-22062 of FIDELITY NATIONAL TITLE INSURANCE COMPANY 1. Covered Risk Number 2(c) is deleted. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials famished 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." 3. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Signed and Sealed: June 9, 2008. Countersigned: l BY: Fidelity National Title Insurance Company a. ~~~ c~.1...-- SEAL ^^•~^•^~ RTTE6T ~~~ ~ Dsm1+ry STANDARD NEW YORK ENDORSEMENT (5/1/07) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) EXCLUSIONS FRCJM COVERAGE The following matters areexpressly excluded from [he coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: L (a) Any ]aw, ordinance, permit, or govemmental regulation (including [hose relating m building and zoning) restricting, regulating, prohibiting, or relating to (i) [he occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on [he Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmental regulations. This Exclusion 1(a) dces not modify or limit the coverage provided under Covered Risk 5. (b) Any govemmental police power This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion dces not modify or limit [he coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed m by [he Insured Claimant; (b) no[ Known [o the Company, no[ recorded in [he Public Records at Dale of Policy, but Knowo to [he Insured Claimant and not disclosed in writing to the Company by [he Insured Claimant prior to the date the Insured Claimant became an Insured under [his policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, [his does not modify or limit [he coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankmp[cy, state insolvency, or similarcredimrs'rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on [he Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and [he date of recording of the deed or other instmment of transfer in [he Public Records [ha[ vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- creased or decreased by endorsement [o [his policy, increased by Section 8(b), or decreased by Sections 10 and I1 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, tmst, limited liability company, or other similar legal entity. (d) "Insured" The Insured named in Schedule A. (i) The term "Insured" also includes (A) suwessors m [he Title of [he Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors [o an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying [he Title (q if the stock, shares, memberships, or other equity interests of [he grantee are wholly-owned by [he named Insured, (2) if [he grantee wholly owns [he named Insured, (3) if [he grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and [he named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a tma[ee or beneficiary of a tmst created by a written instrument established by [he Insured named in Schedule A for estate planning purposes. (ii) With regard [o (A), (B), (C), and (D) reserving, however, all rights and defenses as [o any successor that [he Company would have had agains[any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (t) "Knowledge" or "Known": Actual knowledge, not constmctive knowledge or notice that may be imputed to an Insured by reason of [he Public Records or any other records that impan constmctive notice of matters affecting [he Tide. (g) "Land": The land described in Schedule A, and affixed improvemems [ha[ by law constitute real property. The term "Land" dces not include any prop- erty beyond [he lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does no[ modify or limit [he extent [hat a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security insw- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Pulicy for the purpose of imparting constmctive notice of matters relating to real property m purchasers for value and without Knowledge. With respect [o Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in [he records of the clerk of the United States District Court for the district whero the Land is located. (j) "gtitle': The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation m purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of [his policy shall continue in force as of Dale of Policy in favor of an Insured, but only so long as [he Insured retains an estate or interest in [he Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of wartan[ies in any transfer or conveyance of [he Title. This policy shall not continue in force in favor of any purchaser ftom the Insured of either (i) an estate or interest in [he Land, or (ii) an obligation secured by a purchase money Mortgage given m the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify [he Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) incase Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse [o [he Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of [his policy, or (iii) if [he Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by [he failure of [he Insured Claimant [o provide prompt notice, [he Company's liability to [he Insured Claimant under [he policy shall be reduced [o the ez[en[ of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment [ha[ the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy [ha[ constitutes [he basis of loss or damage and shall state, to the extent possible, the basis of calculating [he amount of the loss or damage. 5. DEFENSE AND PROSECUTION OFACTIONS (a) Upon written request by the Insured, and subject m the options contained in Section 7 of these Conditions, [he Company, a[ its own cost and without unreasonable delay, shall provide for [he defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited m ooly those stated causes of action alleging matters insured against by this policy. The Company shall have [he right [o select counsel of its choice (subject [o [he right of [he Insured to object for reasonable cause) [o represent the Insured as to [hose stated causes of action. I[ shall no[ be liable for and will no[ pay [he fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of [hose causes of action that allege matters FORM 27-031-06-33 ALTA Owner's Policy (b-17-06) whew York coverage Endorsement Appended not insured against by this policy. (b) The Company shall have the right, in addition m [he options contained in Section 7 of these Conditions, a[ its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to [he Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of [his policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever [he Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competen[jurisdiction, and i[ expressly reserves the right, in its sole discretion, to appeal any adversejudgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires [he Company to prosecute or provide for the defense of any action or proceeding and any appeals, [he Insured shall secure m [he Company the right [o so prosecute or provide defense in the action or proceeding, including [he right to use, a[ its option, the name of [he Insured for this purpose. Whenever requested by the Com- pany, the Insured, a[ [he Company's expense, shall give the Company all reasonable aid (i) io securing evidence, obtaining witnesses, prosecming or defending the action or proceeding, or effecting settlement, and (ii) in any other IawPol act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com- pany isprejudiced bythe failure of the Insured to furnish the required coop- eration, the Company's obligations m the Insured under the policy shall terminate, including any liability or obligation [o defend, prosecute, or con- tinue any litigation, with regard to [he matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant m submit to examination under oath by any authorized representative of the Company and to produce for examination, inspecting and copying, a[ such reason- abletimes and places as may be designated by the authorized representative of the Company, a]I records, in whatever medium maimained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Dale of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au- thorized representative of [he Company, the Insured Claimant shall grant its permissiog in wilting, for any authorized representative of the Company [o examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain [o [he loss or damage. All information designated as confidential by [he Insured Claimant provided m [he Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, i[ is necessary in the administration of [he claim. Failure of [he Insured Claimant m submit for examination under oath, produce any reasonably requested information, or gran[ permis- sion to secure reasonably necessary information from third parties as re- quired in [his subsection, unless prohibited bylaw or governmental regula- tion, shall terminate any liability of the Company under this policy as to [hat claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY Incase of a claim under this policy, the Company shall have [he following addi- tional options: (a) To Pay or Tender Payment of [he Amount of Insurance. To pay or [ender payment of [he Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In- sured Claimant that were authorized by the Company up to [he time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by [he Company of [his option, all liability and obliga- tions of [he Company to [he Insured under this policy, other than to make the payment required in [his subsection, shall terminate, including any li- ability or obligation m defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle Wi[h Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion, the Company will pay any costs, attomeys' fees, and expenses incurred by [he Insured Claimant [hat were authorized by [he Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attomeys' fees, and expenses incurred by the Insured Claimant [hat were autho- [ized by the Company up m [he time of payment and that the Com- pany is obligated to pay. Upon the exercise by [he Compaoy of eithe[ of [he options' provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than [he paymeots required m be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a conVac[ of indemnity against actual monetary lass or damage sustained or incurred by the Insured Claimant who has suffered lacy or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall no[ exceed the lesser of (i) the Amount of Insurance; or (ii) [he difference between [he value of the Tide as insured and the value of the Title subject m [he risk insured against by this policy. (b) If [he Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing [he Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, atomeys' fees, and expenses incured in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) 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 of Unmarketable Title, al] as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, i[ shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused m the Insured. (b) In the event of any litigating including litigation by the Company or with the Company's consent, the Company shall have no liability for loss ordam- age until [here has been a final determination by a court of competen[juils- dic[ion, and disposition of all appeals, adverse ro [he Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amonnt of Insurance by the amount of [he payment. Il. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured aker Date of Policy and which is a charge or lien on the Title, and [he amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid aclaim under this policy, it shall be subroga[ed and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect [o the claim that the Insured Claimant has against any person or property, m [he extent of [he amount of any loss, costs, attomeys' fees, and expenses paid by the Company. Ifrequested by the Company, [he Insured Claimant shall execute documents to evidence the transfer [o the Company of these rights and remedies. The Insured Claimant shall permit the Company [o sue, wmpromise, or settle in the name of the Insured Claimant and to use [he name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exeroise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes [he rights of the Insured m indemnities, guaranties, other policies of insurance, or bonds, uotwiths[andingony terms or conditions wnmined iu those ins[mmen[s that address subrogation rights. FORM 27-031-06-33 ~ ALTA Owner's Policy (b-17-0b) w/New York coverage Endorsemem Appended 14. ARBITRATION ` Either [he Company or [he Insured may demand [hat the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be nn joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between [he Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or [he breach of a policy provision, or [o any other controversy or claim arising oul of the transaction giving rise to This policy. All arbitrable matters when [he Amount of Insurance is $2,000,000 or less shall be arbitrated a[ the option of either [he Company or the Insured. All arbitrable dtatters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both [he Company and [he Insured. Arbitration pursuant to [his policy and under the Rules shall be binding upon the parties. lodgment upon the award rendered by [he Arbitrator(s) may be entered in any court of compe[en[jurisdiction. 15. LIABILITY LIMITEDTO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, atmched m i[ by [he Company is the entire policy and contract between the Insured and [he Company. In interpreting any provision of [his policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to [his policy. (e) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued a[ any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of [he terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. FORM 27-031-06-33 16. SEVERAB[LITY [n [he event any provision of [his policy, in whole or in part, is held invalid or unenforceable under applicable law, [he policy shall be deemed not m include that provision or such part held [o be invalid, but all other provisions shall remain in full force and effect 17. CHOICE OF LAW; FORAM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in reel property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where [he Land is located. Therefore, the court or an arbitrator shall apply the law of [hejurisdiction where [he Land is located m determine the validity of claims against the Title [ha[ are adverse to the Insured and m interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conFlicts of law principles m determine the applicable law. (b) Choice of Foram: Any litigation or otherproceeding brough[by the Insured against the Company must be Pled only in a state or federal court within the United States ofAmerica or its territories having appropria[ejurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under [his policy must be given to [he Company at Fidelity National Title Company Alm: Claims Department P.O. Box 45023 Jacksonville, Florida 32232-5023 ALTA Owner's Policy (b-17-06) whew York coverage Endorsement Appended FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED (f/k/a CHARNEWS) to TOWN OF SOUTHOLD SCTM #1000-63-1-p/o 25 Total Development Rights Easement - 21.0430 acres Total Parcel Acreage - 23.4004 acres Non Agricultural Structure Area -16.1247 acres Reserved Area - 2.2968 acres Agricultural Structural Area #1 - 4.0 acres Agricultural Structural Area #2 - 0.9183 acres Driveway Reserved Area - 0.0606 acres Premises: 3005 Youngs Avenue, Southold Closing took place on Monday, June 9, 2008 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $ 1,683,440.00 (based upon 21.0430 buildable acres $80,000/buildable acre) disbursed as follows: Payable to Peconic Land Trust, Incorporated $ 1,683,440.00 Check #96266 (5/9/08) Expenses of Closing: Aapraisal Payable to Elinor Brunswick, MAI $ 2,800.00 Check #95755 (5/6/08) Survev (partial reimbursement) Payable to Peconic Land Trust,lncorporated $ 3,750.00* Check #96267 (8/9/08) *Survey Cost $5000 paid in full by Peconic Land Trust, Incorporated - 75% charged to Town Legal Description Readings (4) Payable to Peconic Surveyors, PC Check #96404 (6/17/08) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #96195 (6/3/08) Title Report Payable to Fidelity National Title Check #96265 (6/9/08) Title insurance policy $ 7011.00 Recording easement $ 200.00 Recording C& R's $ 120.00 Certified copies $ 35.00 Title Closer Attendance Fee Payable to Robert DeFrese Check #96264 (6/9/08) Those present at Closing: John P. Sepenoski Lisa Clare Kombrink, Esq. Timothy J. Caufield Stephen Searl Susan Q. Tuths, Esq. Robert DeFrese Melissa Spiro Melanie Doroski $ 700.00 $ 466.67 $ 7,366.00 $ 100.00 Southold Town Deputy Supervisor Attorney for Town of Southold Peconic Land Trust Vice President Peconic Land Trust Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst ~ ,~, TORN OF S~UTHOLD v' _ ~ ~ " ,lt; 3,° }} x,Y ~' , ~: -53095 MAIN ROAD ~ NEW YORK 11971 0959 O TH D CLOSING , .,. , ~ ' , sli- 6/9 0'~~~~~'~i4 ~~-' l ,~ - S U OL , . ". , ~ ~; Nb ;t i?;_ ~r~9utFUll4c~ ~ A•k~t ~ , "`~ - - -DATE 'GWEC.K NO, } . ;:,iA~ 9 , 7-~ - ~~. ,.. ~~ ~ ~ 06~09~2008 .;J6(~~56 ,, y '~1'~~~~ ~~~€~~~~ OI'IE+MT~L~ON SIB. HU~IARED ,EIGHTY THREE THOUSAND FOUR HiJNDR~D ~'QRTY _ ~~B~~QD,t „ .. _aDOLLAF~'6 - - _. },~'-'-` is j _ ;~~. ~> {i} ~_~i ~ ,a i '~ ti2 ~0~7~C `L~b Tk~ 'Y' ~NC.. / ~ [ !Ct 411 -~ +i ` I ;~~ }~ ~. P~o~~ F .. ~ ~ ~~ ~1AMP~'ON, RQAD ~ } Q!, ~~1i } ,• S~ F ' ~ ~I~ ri ~~i ~ 3~! ~~~ ~:! RO~•, BtO~ 1176 , f °, 3'` ~~, Sy4 f~1 ~i~ Sf4: i ` ~~'I~1Mk'tS'9~ N~ 'x,7.96;9 ~ ' ~~s ~(; ~ 61~ {45 ~4 ~' ~ °; = ~.. ;ice;-~ bay 11'096 26611' ~:0 2 L405464~: 63 000004 011' H2 .8686.2.000.000 TBR538 060908 DEV RIGHTS-21.0 1,683,440.00 TOTAL 1,683,440.00 3 dti ~. ~, "s r , F ~ v. ~Z ' ~yti p ~ki' ..~t TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 • BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 7 HUNTRJGTON, NEW YORK 1 ] 743 (631) 42 ] -2344 FAX (631) 424-9246 E-Mail: Brunswickappraisalcorp@MSN.com Sanford S. Brunswick Elinor Brunswick, MA] Stale Certified General Appraisers April 14, 2008 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 1 1 97 1-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: CharnewsProperty Peconic Land Trust, Incorporated, Contract Vendee Tax Map #:1000-63-1-25 Location: 3005 Youngs Avenue, Southold INVOICE# 1000-02 Armand Brunswick, MAI 1881-1960 Real Estate Appraisal GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 005409 ELINOR BRUNSWICK, M Y=Select - JE Date Trx.Date Fund Account ------------------------ 3/11/2008 3/11/2008 H3 .600 egi Y, 5/06/2008 5/06/2008 H3 .600 --------------------------- - E F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code $2,800 Disburs Inquiry by Vendor Name ••••••........Detail--GL100N .............. W-05062008-499 Line: 103 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 5/06/2008 SDT 5/05/08 Trx Amount... 2,800.00 • Description.. APPRAISAL-CHARNEWS . Vendor Code.. 005409 _ Vendor Name.. ELINOR BRUNSWICK, MAI Alt Vnd.. CHECK........ 95755 SCNB Invoice Code. 1000-02 VOUCHER...... • P.O. Code.... 18244 Project Code. Final Payment F Liquid. • Type of 1099. N BOX. Addl. , Fixed Asset.. Y Date Released 5/06/2008 Date Cleared. 5/31/2008 F3=Exit F12=Cancel IEDEC®~ltc ~u~v~~®~~, ~.u. P.O. Box 909 1230 Traveler Street Southold, N.Y.11971 (63])765-5020•Fax(631)765-1797 April 2, 2008 Peconic Land Trust P.O. Box 1776 Southampton, NY. 11969 FOR PROFESSIONAL SERV ICES RENDERED, JOB # OS-118 SURVEY RETAINER PAID 3/19/08 BALANCE PAID 4/2/08 l.s~o ~ 4tc~ ~y ~e vtyl yS~~o pQ.cJe ~ Per SUFFOLK COUNTY TAX MAP 1000-63-01-25 $ 5,000.00 $ 2,500.00- $ 2,500.00- 3~zi-G .cry ~f` lzSo.a-a d~ .l< Balance due upon completion of field work Visa and Master Card welcomed Ca? tis t 1 Sv ec-~wK M fZ.. .P.o-/~P two-a--~~- r t r,~ ,e ~ n ¢ w ~~~[t/j1~-e.~ts /~caz/3`J .c.s sec~a ~~~ °11~` QAte..S ~ §~ ` P < < ~ 9 L < f z a ft 4. ~ .@@ ~q { ~ ~ 1 ~# ~ i ~ , . 1 i< `J FE t}! E"1ri F ` ' l + ~ ~4 ~ s s ` , : e ' t: t 3~i~ }ib {, TBR538 060908 !~~'$ s~:~S~?~1iD~.~N I~i,JNDRED FIFTY AND ,y aC ~k, t t, .P1 ' P` ` ~ f r tl rat # .'"1 P f~Yi j~~ bit( ¢g if' ~t4 i~.x f ti 3Pr >iC~~ { tP1 ~ 7 7 .,~ d ~x<' gg ~~, ANC, Si ~' IR7 ~' '~a i 1 6a t1 1 } it t ~ {~ i ... ,€'s 3~~ .~}i:_ gat 9xs r `t1 .4 -~;t, .. - ,. ,, 11'09626711' ~:0 2 1405464~: 63 000004 On' VENDOR 016140 PECONTC LAND TRiT m rN OF/0g~~~~8 ('HEC'K 9F~F7 ~ __ H2 .8686.2.000.000 75°s SURVEY REIMB TOTAL } jp s~ A x S ta. ~4' x - M F' ~+ g . "~ A .^{ y~t~. .: S ~ ~`~~ ~ ~i` 1 .. U£i TOWN OF 50UTHOLD "`" saw am - 53095MAINROAD !,.y' SOUTHOLD, NEWYORK 11971-0959 CLOSING.. '6/9 ~9~ZS~k TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 Np. ~~ 1HE SUFFDIjf NA>i~'k /NN12 i °"~„~Wh='~,4,~ DATE , . CHECK HCi.:: -AKHi, , t; 06/09/2008 ~ 9~2~7 pia S~, XS~.UO 00/100 DOLLARyS i t iyt~ i 3 "{ t . 4c~ .I i ( f l r 1 if ~ , Fl ~', L S. ALA . p 1 13 ai E t 3,750.00 3,750.00 P.O. Box 909 1230 Traveler Street Southold,N.Y.11971 (631) 765-5020 • Fax (631) 765-1797 GL108S 20 View 1 Vendor.. 016 Y=Select - JE Date 2/13/2007 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/08/2007 5/08/2007 8/14/2007 10/09/2007 5/06/2008 Y, 6/17/2008 June 9, 2008 Town of Southold Land Preservation Committee P.O. Box 1179 Southold, NY. 11971 ]FO1R P12O1FESS1®INr4L 5EIZVHCRS 1R1EN®iE1RE®: JOB # 08-118 FOUR (4) PROPERTY DESCRIPTIONS $ 700.00 (METES AND BOUNDS) SUFFOLK COUNTY TAX MAP 1000-63-01-25 TOWN OF SOUTHOLD ** Actual Hi 144 PECONIC SURVEYORS, Trx. Date Fund Account - Use Acti 2/13/2007 H3 .600 2/13/2007 H3 .600 4/24/2007 H3 .600 4/24/2007 H3 .600 4/24/2007 H3 .600 5/08/2007 H3 .600 5/08/2007 H3 .600 8/14/2007 H2 .600 10/09/2007 H .600 5/06/2008 H .1620.2.4 6/17/2008 H3 .600 Disburs Inquiry by Vendor Name ..............Detail--GL100N.............. W-06172008-822 Line: 324 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 6/17/2008 SDT 6/16/08 Trx Amount... 700.00 , Description.. SURVEY-CHARNEWS . Vendor Code.. 016144 , Vendor Name.. PECONIC SURVEYORS, P.C. Alt Vnd.. CHECK........ 96404 SCNB Invoice Code. 08-118 , VOUCHER...... P.O. Code.... TBR538 , Project Code. , Final Payment P Liquid. , Type of 1099. N BOX. Addl. . Fixed Asset.. Y Date Released 6/17/2008 , Date Cleared. 6/29/2008 , F3=Exit F12=Cancel -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Nelson, Pope & Voorhis, LLC 572~/Valt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Property: 08078 Project: VA02628 3005 Youngs Avenue, Southold Manager: McGinn, Steven Invoice To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 5812 Invoice Dale: May 02, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $466.67 Prepare Phase I Environmental Site Assessment ($1,400.00 fee - 1/3 billed to Town of Southold Land Preservation. 2/3 billed to Peconic Land Trust). Work Performed thru 4/15/08 Specified Fee: $466.67 ~** Total Project Invoice Amount $466.67 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date 5/06/2008 5/06/2008 5/06/2008 5/20/2008 ,Y, 6/03/2008 Trx. Date Fund Account --- Use Acti 5/06/2008 B .600 5/06/2008 B .600 5/06/2008 B .600 5/20/2008 B .600 6/03/2008 H2 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ..............Detail--GL100N.............. W-06032008-699 Line: 174 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 6/03/2008 SDT 6/02/08 Trx Amount... 466.67 Description.. 1/3 ESA PHASE 1-CHARNEWS Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK........ 96195 SCNB Invoice Code. 5812 VOUCHER...... P.O. Code.... 18249 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 6/03/2008 Date Cleared. F3=Exit F12=Cancel Fidelity National Title Insurance Company _ 24 Commerce Drive, RiverheadAlY, 11901 ESTIMATED (631) 727-0600,(631)727-0606 Title No.: 08-7404-71368-BUFF Close Date: 06/09/2008 A lican[: Town of Southold Land Preservation De t. Purchaser: Town of Southold Owner: Peconic Land Trust Inc. Premises: 3005 Youn s Avenue Southold Closer: Robert DeFrese Lender: Lender Attorne Owner Attorne Susan Tuths Es . Coun Suffolk Calculated Amount: Corrected Amount: Mort a e Amount: $0.00 ~ g Fee Amount: ~~• a ' COMPANY CHARGES Amount: Fee Premium Bu er/BorroWert Seller: Leader: O / / Mortgage Premium Work Charges Premium Optional Market Value Rider Escrow Service Charge $50.00 ~ . Survey Inspection Municipal Totals Endorsement Totals Other Charges Other Searches $50.00 Total Company Charges: (1) O // RECORI)]NG'GIIARGES ' Conveyance Tax F ~ Mortgage Tax Lender Tax RPT Tax Other Taxes ( )B~ r7: o ( )Mortgage ( ) Assignment of Mortgage ( )Consolidation Agreement ( )Satisfaction of Mortgage ( ) Satisfaction of Judgment ( )Est. Recording Charges $400.00 Total Recording Charges: (2) $400.00 ESCROW.& EXCHANGES (ESCT) Total Escrow Charges: (3) $0.00 TOTAL CHARGES: (1+2+3) ~~• ~ CHECKS PAYABLE TO FH)ELITY From: ck No Auurunt: ND 0 H2 .8686.2.000.000 TBR538 71368SUFF TITLE INS POLICY-CH 7,011.00 H2 .8686.2.000.000 TBR538 71368SUFF EASEMENT REC-CHARNWS 200.00 H2 .8686.2.000.000 TBR538 71368SUFF REC COVENANTS-CHARNEW 120.00 H2 .8686.2.000.000 TBR538 71368SUFF CERT COPIES-CHARNEWS 35.00 TOTAL 7,366.00 TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 ~~'096265ii• ~:02L405464~: 63 000004 Oii' ,.. _. -~1 `~ "~ VENDOR 003992 ROBERT DEFRE E L~LIATA-L TI~C~TjTTT2 L-e 11 T~a4e2Ci] DI'+S C~SET2A~d ~Ie OLYI H2 .8686.2.000.000 71368SUFF TITLE CLOSER-CHARNEWS 100.00 TOTAL 100.00 2t y a~6 e ~'t i Ps a`. n a4 { . '¢ ~~ y ~A I 'r ~, ~ ~~ ~ s -A ~ ~, `y~~w. TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 11'096 264ii' i:0 2 ~405464~: 63 00000 Oa' MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissaspiro @ [ownsouthold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 ~O~aQF $~(/ryO~y loT~ • ~O ~l'`COIIARV ~~~ 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 To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Manager Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: June 19, 2008 Re: PECONIC LAND TRUST. INCORPORATED to TOWN OF SOUTHOLD Development Rights Easement- 21.0430 acres Please be advised that the Town has acquired a development rights easement on farmland listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 3005 Young Avenue, Southold SCTM #: part of 1000-63-1-25 PROPERTY OWNER: Peconic Land Trust, Incorporated (f/k/a "Charnews" property) PURCHASE DATE: Monday, June 9, 2008 PURCHASE PRICE: $1,683,440.00 (based on 21.0430 acres @ $80,000/buildable acre) TOTAL PARCEL ACREAGE: 23.4004 acres EASEMENT ACREAGE: 21.0430 acres includes: non-agricultural structure area = 16.1247 acres agricultural structure area #1 = 4.0 acres agricultural structure area #2 = 0.9183 acre RESERVED AREAS: 2.2968 acres (residential reserve area) 0.0606 acre (driveway reserved area) ZONING: R-80 FUNDING: CPF 2% Land Bank MISCELLANEOUS: Peconic Land Trust, Inc. recently purchased fee title to this property from the Charnews family prior to the Town's purchase of the development rights easement. This property is listed on the Community Preservation Project Plan list.