HomeMy WebLinkAboutDroskoski, Anna (2) MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
rnelissa.spiro @ town.southold.ny.us
Telephone (631 ) 765-5711
Facsimile (63 ! ) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Road & Youngs Avenue)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Elizabeth A. Neville
Town Clerk
Melanie Doroski
Sr. Administrative Assistant
June 23,2010
ESTATE OF ANNA T. DROSKOSKI to TOWN OF SOUTHOLD
Development Rights Easement- 18.8253 acres
SCTM #1000-18.-4-7.7 (f/k/a SCTM #1000-t8.-4-p/o 7.1)
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Original Grant of Development Rights Easement dated May 13, 2010 between the Estate
of Anna T. Droskoski by Patricia A. Sepenoski, Executrix and the Town of Southold,
recorded in the Suffolk County Clerk's office on 5/19/2010, in Liber D00012625 at Page
238
· Title insurance policy #5111436-0001458e issued by First American Title Insurance
Company of New York on May 13, 2010 in the insured amount of $1,421,310.10 (title no.
641-S~03665)
· Closing Statement
· Original Declaration of Covenants and Restrictions dated May 13, 2010 by Patricia A.
Sepenoski, as Executrix under the Last Will and Testament of Anna T. Droskoski, recorded
in the Suffolk County Clerk's office on 5/19/2010, in Liber D00012625, at Page 239
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement & survey map last dated 3/26/2010 by Ehlers
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: EASEMENT
N~m~er of Pages: 27
Receipt ~m~er : 10-0059513
TRANSFER TAX NUMBER: 09-23564
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
018.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$1,421,310.10
o5/19/2OlO
11:15:41 AM
D00012625
238
Lot:
007.007
Received the Following Fees For
Page/Filing $135.00
COE $5.00
TP-584 $5.00
Cert. Copies $17.55
Transfer tax $0.00
TRANSFER TAX NUMBER: 09-23564
Above Instrument
Exempt
NO Handling
NO NYS SRCHG
NO Notation
NO RPT
NO Comm. Pres
Fees Paid
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
$0
$30
$0
$227
$20 00
$15 00
00
00
00
55
Exempt
NO
NO
NO
NO
NO
JUDITH A. PASCALE
County Clerk, Suffolk County
1 4 2010
dUt,a
D~PT. OF LAND
PRESeRVAtION
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
Handling 5. 00
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A. ~ ~
Comm. of Ed. / 5. 00
Affidav-!t-_. ~
g~tified C0~
Other
I
4 J Dist.
Real Property
Tax Service
Agency
Verification
Deed / Mortgage Tax Stamp
FEES
SubTotal
Sub Total
Grand Total
I
10010478 zooo oiooo 0400 oo7oo7.~/
~19-MAY-1.ff
CLERK OF
SUFFOLK COUi~T7
L [)000i2625
23~
DT~ )9-23564
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: ~
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __ Dual County __
Held for Appointm~nt...~_~
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only·
YES or NO
If NO, see appropriate tax clause on
page # of this inslnunent.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
7 ] ,Ti'tie Company Information
Co. N~ne ~w,,c .A]tg~re,~ct- _~c.
Suffolk Count ecordin & Endorsement Pa e
// /~'"/-.5 ' ,~ 3~- made by:
(SPECIFY TYPE OF INSTRUMENT)
This page forms part of the attached __
~- T
The premises herein is situated in
· SUFFOLK COUNTY, NEW YORK.
In the TOWN of ~..~O0 V~o~
In the VILLAGE
or HAMLET of '
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECOI~I3ING OR FILING.
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
/ $ day of May, 2010 at Southold, New York. The parties are Estate of Anna
T. Droskoski, by Patricia A. Sepenoski, Executrix, 27965 Route 25 (Main Road),
Orient, NY 11957 (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 called "Grantee") and the United States
of America (''United States'') by and through the United States Department of
Agriculture (''USDA'') Natural Resources Conservation Service (''NRCS'') acting on
behalf of the Commodity Credit Corporation, as its interest appears herein.
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 #1000-18-4-7.1 more fully described in SCHEDULE "A" attached hereto
and made a part hereof and hereinafter referred to as the "Property" and shown
on the survey dated November 11, 2009 and last revised March 26, 2010
prepared by .lohn C. Ehlers Land Surveyor (a reduced copy of which is attached
hereto and made a part hereof and hereinafter referred to as 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, Natural Recources Conservation Service's (formerly the Soil
Conservation Service) Soil Survey of Suffolk County, New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection Program's
purpose is to assist in the purchase of conservation easements on land with
prime, unique, or other productive soil for the purpose of protecting topsoil from
conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the
authority of the Farm and Ranch Lands Protection Program, the United States
Department of Agriculture, Natural Resources Conservation Service (hereinafter
the "United States" or "NRCS") acting on behalf of the Commodity Credit
Corporation, has SEVEN HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED
FIVE DOLLARS AND 65/100 ($748,305.65) to the Grantee for the acquisition of
this Easement, entitling the United States to the rights identified herein.
WHERE,4.,c, the Property is part of the New York State Agricultural District
#1, and the Grantor wishes to continue using the Property for agricultural
production as defined in this Easement; and
WHEREA~, the Property is currently used for row crops; and
WHERF__,4S, it is the policy of the Town of Southold (the "Town"), 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 §272-a of the New York
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
WHERF_,4S, 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
WHERE.4~, 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
WHERE,4S, 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 FOUR HUNDRED
TWENTY-ONE THOUSAND THREE HUNDRED TEN DOLLARS AND 10/100
($1,421,310.10) 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 binding upon and shall restrict the premises
shown and designated as the Property herein, more particularly bounded and
described on Schedule "A" annexed hereto and made a part of this instrument.
TO H,4 VEAND 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
2
and use restrictions hereinafter set forth, which shall constitute and shall be
perpetual servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal representatives,
successors and assigns, hereby covenants and agrees as follows:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the owner
of the Property described in Schedule "A", free of any mortgages or liens, as set
forth in Title Report No. 64:~ - S -03665 of Peconic Abstract, 1'nc. 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 §64 of Town Law and §247 of the New York State General
Municipal Law (''General Municipal Law") to acquire fee title or lesser interests in
land, including development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and retention of
agricultural lands, open spaces and natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic, conservation
and agricultural values of the Property and have the common purpose of
preserving these values by limiting nonagricultural uses of the Property. This
instrument is intended to convey a Development Rights Easement on the
Property by Grantor to Grantee, exclusively for the purpose of preserving its
character in perpetuity for its 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.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through conservation
restrictions by the enactment of General Municipal Law §247. Similar recognition
by the federal government includes §170(h) of the Internal Revenue Code and
other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the purposes of
this Easement. in order to aid in identifying and documenting the present
condition of the Property's 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, an inventory of the
Property's relevant features and conditions (the "Baseline Documentation"). This
Baseline Documentation includes, but need not be limited to, a survey prepared
by ,lohn C. Ehlers Land Surveyor dated November 11, 2009 and last revised
March 26, 2010, an aerial photograph of the Property, photographs maps on file
with the Town Land Preservation Department, and a Phase i Environmental Site
Assesment dated October 29, 2009 prepared by Nelson, Pope & Voorhis, LLC.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's uses of
the Property or its physical condition as of the date hereof, the parties shall not
be foreclosed from utilizing any other relevant or material documents, surveys,
reports, photographs or other evidence to assist in the resolution of the
controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights Easement,
the parties agree upon its provisions, intending to be bound by it.
AR'I'~CLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein called
the "Easement"). This Easement shall consist of the limitations, agreements,
covenants, use restrictions, rights, terms, and conditions recited herein.
Reference to this "Easement" or its "provisions" shall include any and all of those
limitations, covenants, use restrictions, rights, terms and conditions.
4
1.02 Definitions
"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
defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law
(''Agriculture and Markets Law''), now or as such Laws and/or Code 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.
"Improvement" shall mean any addition to raw land, such as structures,
fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the holding
of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under the
ground or upon another structure or building, including walkways. Structures
shall not include trellis, posts and wiring, farm irrigation systems, nursery mats,
or fencing necessary for agricultural operations or to mark the boundaries of the
Property, including without limitation fencing to keep out predator animals,
including deer. Approvals for those items listed in the preceding sentence shall
be as required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in the
Property, and shall extend to and be binding upon Grantor, Grantor's agents,
tenants, occupants, heirs, personal representatives, successors and assigns, and
all other individuals and entities and provides Grantee with the right to
administer, manage and enforce the Easement as provided herein. The word
"Grantor" when used herein shall include all of those persons or entities. Any
5
rights, obligations, and interests herein granted to Grantor and/or Grantee shall
also be deemed granted to each and every one of its subsequent agents,
successors, and assigns, and the word "Grantor" or "Grantee" when used herein
shall include all of those persons or entities.
AR'I-[CLE TWO
SALE
GRANTOR, for ONE MTLLION FOUR HUNDRED TWENTY-ONE THOUSAND
THREE HUNDRED TEN AND 10/100 ($1,421,310.:L0) and such other good and
valuable consideration, hereby grants, releases, and conveys to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee hereby
accepts this Easement in perpetuity, and undertakes to enforce it against
Grantor.
ARTICLE THREE
PROHI~B~-I-ED ACTS
From and alter 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
1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary to
construct and maintain permitted structures and improvements on the Property
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.
6
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be further
subdivided pursuant to Town Law §§265, 276 or 277 or § 335 of the Real
Property Law, as they may be amended, or any other applicable State or local
law. "Subdivision" shall include the division of the portion of the Property from
which the development rights are acquired into two or more parcels, in whole or
in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, subdivide the prope~o/, or
reconflgure lot lines, provided that one of the resulting parcels contains at least
18.8253 acres of preserved agricultural land and all resulting parcels remain
preserved agricultural land and are subject to a development rights easement or
other conservation instrument.
3.04 Dumoina
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 Sians
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 Properb/and only for any of the following purposes:
(a) to state the name of the Property and the names and addresses of the
occupants and the character of the business conducted thereon, (b) to
temporarily advertise the Property or any portion thereof for sale or rent, (c) to
post the Property to control unauthorized entry or use, or (d) with the consent of
the Grantor, to announce Grantee's Easement. Signs are subject to regulatory
requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, wires,
pipes, wells or drainage systems ("utilities'~ on the Properb/to service structures
approved pursuant to Section 4.06 shall be prohibited without the prior written
consent of the Grantee. The Property may not be used for the creation or
placement of utilities to service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial uses,
permanent or temporary, including but not limited to a riding academy, shall be
prohibited. For the purposes of this section, agricultural production, as that term
is presently referenced in §247 of the General Municipal Law and/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)-0) of the Agriculture and
Markets Law, now or as such Laws and/or Code 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
farm stands, 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.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited. This
prohibition shall not be construed as extending to agricultural operations and
practices (including, without limitation, the use of agrochemicals such as
fertilizers, pesticides, herbicides, and fungicides) that are in accordance with
sound agricultural management practices of the NRCS.
3.09 Conservation Plan
All agricultural operations on the Property shall be conducted in a manner
consistent with a resource management system (RMS) Conservation Plan (the
"Conservation Plan'9 prepared by the NRCS utilizing the standards and
specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and
approved by the Suffolk County Soil and Water Conservation District. All lands
enrolled in the Farm and Ranch Lands Protection Program will be subject to the
Conservation Plan.
Grantor shall give Grantee copies of the Conservation Plan upon request
and advise Grantee of amendments thereto so as to enable Grantee to keep its
records current.
3.10 Conservation Compliance Provisions of the Conservation Plan
As required by Section 12381 of the Food Security Act of 1985, as
amended, the Grantor, its, successors, or assigns, shall conduct all agricultural
operations on the Property in a manner consistent with a conservation plan (the
"Conservation Plan'~ prepared in consultation with NRCS and approved by the
Suffolk County Soil and Water Conservation District. This Conservation Plan shall
be developed using the standards and specifications of the NRCS Field Office
Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this
Easement. However, the Grantor may develop and implement a conservation
plan that proposes a higher level of conservation and is consistent with the NRCS
Field Office Technical Guide standards and specifications. NRCS shall have the
right to enter upon the Property, with advance notice to the Grantor, in order to
monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS shall
work with the Grantor to explore methods of compliance and give the Grantor a
reasonable amount of time, not to exceed twelve months, to take corrective
action. If the Grantor does not comply with the Conservation Plan, NRCS will
inform Grantee of the Grantor's noncompliance. The Grantee shall take all
reasonable steps (including efforts at securing voluntary compliance and, if
necessary, appropriate legal action) to secure compliance with the Conservation
Plan following written notification from NRCS that (a) there is a substantial,
ongoing event or circumstance of non-compliance with the Conservation Plan,
(b) NRCS has worked with the Grantor to correct such noncompliance, and (c)
Grantor has exhausted its appeal rights under applicable NRCS regulations.
If the NRCS standards and specifications for highly erodible land are
revised alter the date of this Easement based on an Act of Congress, NRCS will
work cooperatively with the Grantor to develop and implement a revised
conservation plan. The provisions of this section apply to the highly erodible
land conservation requirements of the Farm and Ranch Lands Protection
Program and are not intended to affect any other natural resources conservation
requirements to which the Grantor may be or become subject.
3.11 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management practices
and in order to control flooding or soil erosion on the Property.
3.12 Development Rights
9
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 use the property for agricultural production as set forth in ARTICLE
FOUR below and 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 or elsewhere in this Easement, 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.
AR'IICLE FOUR
GRANTOR'S R~GHTS
4.01 Ownership
Subject to the provisions of AR'ITCLE THREE, Grantor shall retain all other
rights of ownership in the Property, some of which are more particularly
described in this AR'ITCLE 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 that are not inconsistent with the
purpose, and that are not prohibited by, this Easement and that are 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
farm stands 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,
lO
diseased, decayed or damaged or interfering with agricultural production, to thin
and prune trees to maintain or improve the appearance of the Properb/, and to
mow the Property.
4.05 Agricultural Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is 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 §301(2)(a)-0) of the
Agriculture and Markets Law, now or as such Laws and/or Code may be
amended, provided that such activity shall be conducted in accordance with the
purposes of this Easement and the Conservation Plan. 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.
Grantor may offer "U-Pick" operations and/or the use of a corn maze to
the general public, provided such activities are conducted in conjunction with
seasonal harvests, do no interfere with agricultural production and are otherwise
consistent with and do not derogate from or defeat the Purpose of this Easement
or other applicable laws.
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 §4.06 herein and as permitted by the Town Code now or in the
future on agricultural lands protected by a development rights easement or other
instrument, including but not limited to farm stands.
4.06 Structures and Imorovements
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following structures and improvements on the Property, as they
may be permitted by the Town Code now or as same may be amended and
subject to the approval of the Land Preservation Committee, provided the
structures 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, and for the use and
enjoyment of any adjoining properties solely for use in
agricultural production.
l!
(ii)
Construction of new structures, provided such structures are
necessary for or accessory to agricultural production and lot
coverage does not exceed ten (10) percent of the Property;
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant to this
Section 4.06, provided the primary purpose of the structure
remains agricultural;
(iv) Any improvement excluded from the definition of "Structure"
in Section 1.02;
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 new construction
is permitted outside of the area described in paragraph 4.06A(ii) 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. Grantors 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.
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.
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, and shall provide
documentation as may be required for such applications.
4.08 Alienability
]2
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 and the United States Secretary of Agriculture of
any conveyance of any interest in the Property, including the full name and
mailing address of any transferee, 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 forth 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 Properb/. 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 OBL][GAT[ONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and other
governmental or municipal charges, which may become a lien on the Property,
including any taxes or levies imposed to make those payments subject, however,
to Grantor's right to grieve or contest such assessment. The failure of Grantor to
pay all such taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests acquired herein by
Grantee.
5.02 General ]Indemnification
Grantee and the United States have no obligations whatsoever, express or
implied, relating to the use, maintenance or operation of the Property. Grantee's
or the United States' exercise of, or failure to exercise, any right conferred by
this Easement shall not be deemed to be management or control of the activities
on the Property. Grantee shall not be liable to Grantor for injuries or death to
persons or damage to property or any other harm in connection with Grantee's
administration and/or enforcement of this Easement, unless such harm is due to
the negligence of Grantee or its agents, in which case liability shall be
apportioned accordingly.
13
Grantor shall indemnify and hold harmless Grantee and the United States
of America, their employees, agents and assigns from any and all liabilities,
claims, demands, losses, expenses, damages, fines, fees, penalties, suits,
proceedings, actions and costs of actions, sanctions asserted by or on behalf of
any person or gOVernmental authority, and other liabilities (whether legal or
equitable in nature and including, without limitation, court costs, and reasonable
attorneys' fees and attorneys' fees on appeal) to which Grantee or the United
States may be subject to or incur relating to the Property, which may arise from,
but are not limited to, Grantor's negligent acts or omissions or Grantor's breach
of any representation, warranty, covenant, agreements contained in this
instrument, or violations of any Federal, State or local laws, including all
Environmental Laws.
5.02A Environmental Warranty
"Environmental Law" or "Environmental Laws" means any and all Federal,
State, local or municipal laws, rules, orders, regulations, statutes, ordinances,
codes, guidelines, policies or requirements of any governmental authority
regulating or imposing standards of liability or standards of conduct (including
common law) concerning air, water, solid waste, hazardous materials, worker
and community right-to-know, hazard communication, noise, radioactive
material, resource protection, subdivision, inland wetlands and watercourses,
health protection and similar environmental health, safety, building and land use
as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum products, fuel oil,
waste oils, explosives, reactive materials, ignitable materials, corrosive materials,
hazardous chemicals, hazardous wastes, hazardous substances, extremely
hazardous substances, toxic substances, toxic chemicals, radioactive materials,
infectious materials and any other element, compound, mixture, solution or
substance which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with and shall remain in
compliance with, all applicable Environmental Laws. Grantor warrants that there
are no notices by any governmental authority of any violation or alleged violation
of, non-compliance or alleged non-compliance with or any liability under any
Environmental Law relating to the operations or conditions of the Property.
Grantor further warrants that it has no actual knowledge of a release or
threatened release of any Hazardous Materials on, at, beneath or from the
Property, as such substances and wastes are defined by applicable Federal and
State law.
]4
Moreover Grantor hereby promises to hold harmless and indemnify the
Grantee and the United States against all litigation, claims, demands, penalties
and damages, including reasonable attorneys' fees, arising from or connected
with the release or threatened release of any Hazardous Materials on, at,
beneath or from the Property, or arising from or connected with a violation of
any Environmental Laws by Grantor or any other prior owner of the Property.
Grantor's indemnification obligation shall not be affected by any authorizations
provided by Grantee or the United States to Grantor with respect to the Property
or any restoration activities carried out by Grantee at the Property; provided,
however, that Grantee shall be responsible for any Hazardous Materials
contributed after this date to the Property by Grantee.
5.03 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 Grantor (which approval
by Grantor shall not be unreasonably withheld) and by Grantee, including 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 Properb/. In the event Grantor fails
to comply with the provisions of this section after reasonable written 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.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and in a manner that will not interfere with
Grantor's quiet use and enjoyment of the Property, for the purpose of inspection
to determine whether this Easement and its purposes and provisions are being
upheld. Representatives of the United States Department of Agriculture shall also
have the right to enter the Property for monitoring conservation plan
implementation, upon prior notice to Grantor and not more frequently than
annually without Grantor's consent. 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.
6.02 Restoration
In addition to Grantee's remedies under Section 5.04, Grantee shall have
the right to require the Grantor to restore the Property to the condition required
by this Easement and to enforce this right by any action or proceeding that
Grantee may reasonably deem necessary. However, Grantor shall not be liable
for any changes to the Property resulting from causes beyond the Grantor's
control, including, without limitation, fire, flood, storm, earth movement, wind,
weather or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons or to the
Property or crops, livestock or livestock products resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for any
violation of this Easement may be inadequate. Therefore, in addition to, and not
as a limitation of, any other rights of Grantee hereunder at law or in equity, in
the event any breach, default or violation of any term, provision, covenant or
obligation on Grantor's part to be observed or performed pursuant to this
Easement is not cured by Grantor within ten (10) days' written 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
To enforce any term, provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee 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
16
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 10 days.
Under this Grant of Development Rights Easement, the United States is
granted the right of enforcement in order to protect the public interest. The
Secretary of the United States Department of Agriculture (the Secretary) or his or
her assigns, on behalf of the United States, may exercise this right of
enforcement under any authority available under State or Federal Law if the
Town of Southold fails to enforce any of the terms of this instrument, as
determined in the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or registered or certified mail, return receipt requested, with
sufficient prepaid postage affixed and with return receipts requested. Nailed
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. Nailed notice to Grantee shall be addressed to its principal office
recited herein, marked to the attention of the Supervisor and the Town Attorney,
or to such other address as Grantee may designate by notice in accordance with
this Section 6.04. Mailed notice to the United States shall be addressed to the
State Conservationist, Natural Resources Conservation Service, The Galleries of
Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202 - 2450.
Notice shall be deemed given and received as of the date of its manual delivery
or three business days alter the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SM shall
not have the effect of waiving or limiting any other remedy or relief, and the
failure to exercise or delay in exercising any remedy shall not constitute a waiver
of any other remedy or relief or the use of such other remedy or relief at any
other time.
6.06 ExtinQuishment/Condemnation
At the mutual 'request of Grantor, Grantee and the United States of
America, 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
17
modify this Easement in accordance with applicable law. The mere cessation of
farming on the Property shall not be construed to be grounds for extinguishment
of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, approved in advance by the United States
Department of Agriculture NRCS, by the Grantee or by any other governmental
entity, then this Easement shall terminate with respect to the Property, or
portions thereof so taken or condemned, and the Property shall not be subject to
the limitations and restrictions of this Easement. In such event, the Grantor, its
successors or assigns, shall not be required to pay any penalties, but the value of
the Property shall reflect the limitations of this Easement. Any condemnation
award payable to the Grantor shall be in proportion to the value attributable to
the residual agricultural value of the Property. If the condemnation is
undertaken by an entity other than the Grantee, then the remaining portion of
the condemnation award shall be payable to the Grantee in proportion to the
value attributable to the development rights transfer, red hereby, in accordance
with Section 7.12 (Proceeds).
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between the 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(s) and with the written approval of the Secretary of the
United States Department of Agriculture, and in accordance with all applicable
State and local laws. Any such amendment shall be consistent with the Town
Code and any regulations promulgated thereunder and with the Purpose of this
Easement, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h). The
parties agree to amend the provisions of this Easement if such amendment shall
be necessary, to entitle Grantors to meet the requirements of §170(h). Any such
lg
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, therealter, ratified by a mandatory referendum by the electors of the Town
of $outhold. 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. The
United States of America shall also consent to any such alienation.
In addition to the limitations set forth above, Grantee shall have the right,
to transfer all or part of this Easement to any public agency, or private non-
governmental organization, that at the time of transfer is a "qualified
organization" under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the Grantee
by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the United States Department of Agriculture, NRCS. If
the Grantee ever ceases to exist, a court of competent jurisdiction may transfer
this Easement to another qualified public agency that agrees to assume the
responsibilities imposed by this Easement. The United States Department of
Agriculture, NRCS, will be notified in writing, in advance of such transfer. The
NRCS State Office must approve the choice of any new non-governmental
organization in advance of any transfer of this Easement.
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.
]~nstead, that provision shall be reduced or limited to whatever extent that court
determines will make it enforceable and effective. Any other provision of this
Easement that is determined to be invalid or unenforceable by a court shall be
severed from the other provisions, which shall remain enforceable and effective.
7.05 Governing Law
New York Law applicable to deeds to and easements on land located
within the State of 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 dralted
by the other party's attorney. No alleged ambiguity in this Easement shall be
construed against the party whose attorney drafted it. Tf 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
affect 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 their 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 only 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
2O
7.11 Proceeds
The grant of this Easement gives rise to a property right, immediately
vested in Grantee and the United States, which, for purposes of calculating
proceeds from a sale or other disposition of the Property as contemplated under
Section 6.06 (Extinguishment of Easement), shall have a value equal to a
percentage of the value of the Property unencumbered by this Easement (the
"Proportionate Share"). The Proportionate Share is determined by dividing the
value of this Easement, calculated as of the date hereof, by the unencumbered
value of the Property, also calculated as of the date hereof. The Proportionate
Share is 76%. The Proportionate Share shall remain constant (subject to
reasonable adjustment to the extent permissible under §170(h) of the Internal
Revenue Code for any improvements which may hereafter be made on the
Property).
If any part or all of this Easement is extinguished pursuant to Section
6.06, the proportional shares of the Grantee and the United States of America
are 45%, and 50%, respectively, representing the proportion each party
contributed to the purchase price of the Easement
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has
accepted and received this Grant of Development Rights Easement on the day
and year set forth above.
ESTATE OF ANNA T. DROSKOSKI, Grantor
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
A. Russell
Supervisor
Acceptance of Property Interest by the Natural Resources Conservation Service
21
The Natural Resources Conservation Service, United State Department of
Agriculture, an agency of the United States Government, hereby accepts and
approves the foregoing Grant of Development Rights Easement, and the rights
conveyed therein, on behalf of the United States of America.
s or//~ a~ e~'r.~i~te Conservat~
State of New York )
County of ), ss:
On the ! 3, day of /'~2Aw' in the year 2010 before me, the
undersigned, personally appeared Patricia A. Spenoski, personally known to me or
proved to me on the basis of satisfactory evidence to be the individual whose name
is subscribed to the within instrument and acknowledged to me that she executed
the same in her capacity, and that by her signature on the instrument, as
Executrix, execute~t o__n ~f Anna m Droskoski.
gn ~f i g cknowledgement
~ Stephen P. Sp~nburgh
~. No~ Publlc-b-'tate o~ New York
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS: ~ ~Com~m~Exp~oct~o~3
On this/3 day of/~,~¥ in the year 2010 before me, the undersigned,
personally appeared Scott A. Russell, personally known to me or proved to me
on the basis of satisfactory evidence to be the individual whose name is
subscribed to the within instrument and acknowledged to me that he executed
the same in his capacity as Supervisor of the Town of Southold, and that by his
signature on the~bove instrument executed this instrument on behalf of the
Notary Publid
STATE OF NE
COUNTY OF
!YQRK, A )
StePhen P. ~mnburgh.,o~
Notary Pu~St~te ol New
OuaUl~d
My O~)mm~ss~n Explm~ Oct.
22
On this z day of ~/'~'~/ in the year 2010 before me, the undersigned,
personally appeared Astor F. Boozer, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that he executed the same in
his capacity as State Conservationist, and that he signed the above instrument
on behalf of the Unit~ States of America,
ff6ta'~,'-' '"/-'/,~ ~ KIMBERLEY A. STIN$ON
Notaxy Public
No. 01ST5089252
County of Madison, Stato of N.Y.
Commission Ex~ircs:
December 8, ~//~
23
Title No.: 641-S-03665
Amended 516110
Schedule A Description - DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel or land, situate, lying and being at
Orient, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument located on the northerly side of Main Road S.R.
25 from the corner formed by the intersection of the westerly side of Brown's
Hill Road with the northerly side of Main Road S.R. 25;
RUNNING THENCE along the northerly side of Main Road S.R. 25 South 79
degrees 20 minutes 40 seconds West 203.35 feet to the development rights
easement area about to be described and the true point or place of
BEGINNING.
THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20
minutes 40 seconds West 53.65 feet to land now or formerly of Sepenoski;
THENCE along said land now or formerly of Patricia Sepenoski North 31
degrees 54 minutes 50 seconds West, 300.00 feet;
THENCE South 75 degrees 08 minutes 20 seconds West, 260.25 feet;
THENCE South 47 degrees 20 minutes 30 seconds West, 134.50 feet;
THENCE North 42 degrees 39 minutes 30 seconds West 1377.39 feet to a
monument;
THENCE North 60 degrees 49 minutes 40 seconds Wt~t 330.24 feet;
THENCE North 55 degrees 33 minutes 10 seconds East 277.71 feet to the
westerly side of Brown's Hill Road;
THENCE along the westerly side of Brown's Hill Road South 42 degrees 39
m in utes 30 seconds East 1274.12 feet;
--page2--
THENCE South 47 degrees 20 minutes 30 seconds West 182.13 feet;
THENCE South 42 degrees 39 minutes 30 seconds East 117.29 feet;
THENCE South 31 degrees 54 minutes 50'seconds East 319.45 feet to the
northerly side of Main Road S.R. 25 and the TRUE POINT OR PLACE OF
BEGINNING.
JOHN C. EHLERS LAND SIJRVE¥OR
Owner's Policy
Owner's Policy of Title Insurance
ISSUED BY
First American Title Insurance Company of New York
POLICY NUMBER
5111436-0001458e
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, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation (the "Company") insures, as of Date of
Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,
sustained or incurred by the Insured by reason of:
Title being vested other than as stated in Schedule A.
Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failura of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified, expirad, 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 Tifle by a governmental authority due or payable, but unpaid.
(c) Any encreachment, encumbrance, violation, variation, or adverse cimumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No dght of access to and from the Land.
(Covered Risks Continued on Page 2)
In Witness Whereof, First Amedcan Title Insurance Company of New York has caused its corporate name to be hereunto affixed by its authorized
officers as of Date of Policy shown in Schedule A.
First American Title Insurance Company of New York
Steven Napolitano
President
Antonio Vozza
Secretary
For Reference:
File #: 641-S-03665
(This Policy is valid only when Schedules A and B are attached)
This Jacket was created electronically and constitutes an original document
Copyright 20{)6-2009 American Land 'rifle Association. All rightS resell'ed. The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use
All other uses ere prohibited Reprinted under license from the American Land Tit~e Association
I Forrn 5111436 (8/1/09) Page 1 of 5 I ALTA Owner's Policy of Title Insurance (6-1
7-06)
New York
Policy #: 5111436-0001458e COVERED RISKS (Continued)
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
' cestricting, 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 subdMsion of land; or
(d) environmental protection
if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enfome, 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 part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding o~ the rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of
the title to or any interest in the Lind occurring pdor 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 trensfer vesting Title as shown in Schedule A constitutes a preferential transfer under federel bankruptcy,
state insolvency, or similar creditors' rights laws by mason of the failure of its recording in the Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attomeys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this
policy, and the Company will not pay loss or damage, costs, attorneys'
fees, or expenses that arise by mason of:
1. (a) Any law, ordinance, permit, or governmental regulation
{including those relating to building and zoning) restricting,
regulating, prohibiting, or relating to
(i) the occupancy, use, or enjoyment of the Land;
(ii) the character, dimensions, er location of any imprcvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or
governmental regulations. This Exclusion l(a) does not modify
or limit the coverage provided under Covered Risk 5.
(b) Any governmental 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 does not modify or limit
the coverage provided under Covered Risk 7 or 8.
3. Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured
Claimant;
(b) not Known to the Company, not recorded in the Public
Records at Date of Policy, but Known to the Insured
Claimant and not disclosed in wdting to the Company by the
Insured Claimant prior to the date the Insured Claimant
became an Insured under this policy.
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however,
this does not modify or limit the 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.
Any claim, by mason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction
vesting the Title as shown in Schedule A, is
(a) a fraudulent conveyance or fraudulent trensfer; or
(b) a preferential transfer for any mason not stated in Covered
Risk 9 of this policy.
Any lien on the Title for real estate taxes or assessments
imposed by govemmental 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.
Form 5111436 (SI1/09) Page 2 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06)
New York
Policy #: 5111436-0001458e
CONDITIONS
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 increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections 10 and 11 of
these Conditions.
(b) "Date of Policy": The date designated as "Date of Policy" in
Schedule A.
(c) "Entity": Acorporation, partnership, trust, limited liability
company, or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Tifie of the Insured by operation of
law as distinguished 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 to 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 the
Title
(1) if the stock, shares, memberships, or other equity
interests of the grantee are wholly-owned by the
named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-
owned by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
would have had against any predecessor Insured.
{e) "Insured Claimant": An Insured claiming loss or damage.
(t} "Knowledge" or "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by reason
of the Public Records or any other records that impart
constructive notice of matters affecting the Title.
(g) "Land": The land described in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the 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 not modify or limit the extent
that 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
instrument, including one evidenced by electronic means
authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpose of imparting constructive notice of
matters relating to real properly to purchasers for value and
without Knowledge. With respect to Covered Risk 5{d), "Public
Records" shall also include environmental protection liens filed
in the records of the clerk of the United States Distdct Court for
the district where the Land is located.
(j) "Title": 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 to purchase, lease, or lend if there is a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of
Policy in favor of an Insured, but only so long as the Insured
retains an estate or interest in the 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 warranties in any transfer or conveyance of the Title.
This policy shall not continue in force in favor of any purchaser
from the Insured of either (i) an estate or interest in the Land, or (ii)
an obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case
of any litigation as set forth in Section 5(a) of these Conditions, (ii)
in case Knowledge shall come to an Insured hereunder of any
claim of title or interest that is adverse to the Title, as insured, and
that might cause loss or damage for which the Company may be
liable by virtue of this policy, or (iii) if the Tifie, as insured, is
rejected as Unmarketable Title. If the Company is prejudiced by
the failure of the Insured Claimant to provide prompt notice, the
Company's liability to the Insured Claimant under the policy shall
be reduced to the extent 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 that 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 that
constitutes the basis of loss or damage and shall state, to the
extent possible, the basis of calculating the amount of the loss or
damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the insured, and subject to the
options contained in Section 7 of these Conditions, the
Company, at its own cost and without unreasonable delay,
shall provide for the 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 to only those
stated causes of action alleging matters insured against by
this policy. The Company shall have the right to select
counsel of its choice (subject to the right of the Insured to
object for reasonable cause) to represent the Insured as to
those stated causes of action. It shall not be liable for and will
not pay the fees of any other counsel. The Company will not
pay any fees, costs, or expenses incurred by the Insured in
the defense of those causes of action that allege matters not
insured against by this policy.
(b) The Company shall have the dght, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to do any
Form 5111436 (8/1/09) Page 3 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06)
New York
Policy #: 5111436-0001458e
other act that in its opinion may be necessary or desirable to
· establish the Title, as insured, or to prevent or reduce loss or
damage to the 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 exemise of these
rights shall not be an admission of liability or waiver of any
provision of this policy. If the Company exercises its rights
under this subsection, it must do so diligently.
(c) Whenever the 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
competent jurisdiction, and it expressly reserves the right, in its
sole discretion, to appeal any adverse judgment or order.
6. DUTY OF INSUREB CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the dght to use, at its option,
the name of the Insured for this purpose. Whenever requested
by the Company, the Insured, at the Company's expense, shall
give the Company all reasonable aid (i) in secudng evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (ii) in any other lawful
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 Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for
examination, inspection, and copying, at such reasonable
times and places as may be designated by the authorized
representative of the Company, all records, in whatever
medium maintained, including books, ledgers, checks,
memoranda, correspondence, reports, e-mails, disks, tapes,
and videos whether bearing a date before or after Date of
Policy, that reasonably pertain to the loss or damage. Further,
if requested by any authorized representative of the Company,
the Insured Claimant shall grant its permission, in writing, for
any authorized representative of the Company to examine,
inspect, and copy all of these records in the custody or control
of a third party that reasonably pertain to the loss or damage.
All information designated as confidential by the Insured
Claimant provided to the Company pursuant to this Section
shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration
oftheclaim. Failureofthe Insured Claimantto submit for
examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably
necessary information from third parties as required in this
subsection, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under
this policy as to that claim.
CONDITIONS (Continued)
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this
policy together with any costs, attorneys' fees, and expenses
incurred by the Insured Claimant that were authorized by the
Company up to the time of payment or tender of payment and
that the Company is obligated to pay.
Upon the exercise by the Company of this option, all liability and
obligations of the Company to the Insured under this policy,
other than to make the payment required in this subsection,
shall terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
(b) To Pay or Otherwise Settle With 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 addition, the Company will pay any
costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company 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 damage provided for under this policy, together with
any costs, attorneys' fees, and expenses incurred by the
Insured Claimant that were authorized by the Company up
to the time of payment and that the Company is obligated
to pay.
Upon the exercise by the Company of either of the 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 the payments required to 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 contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss 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 not exceed the lesser of
(i) the Amount of Insurance; or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured against
by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the dght 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, attorneys' fees, and
expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
Form 5111436 (8/1/09) Page 4 of 5 I ALTA Owner's Policy of Title Insurance (6-17~06)
New York
Policy #: 5111436-0001458e
9. LIMITATIGN 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, all as insured, in a reasonably diligent
manner by any method, including litigation and the completion
of any appeals, it shall have fully pen~ormed its obligations
with respect to that matter and shall not be liable for any loss
or damage caused to the Insured.
(b) In the event of any litigafion, including litigation by the
Company or with the Company's consent, the Company shall
have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appeals, adverse to the Title, as insured.
(c) The Company shall not be liable for loss or damage to the
Insured for liability 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 Amount of
Insurance by the amount of the payment.
11. 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 after Date of Policy and which is a charge or lien on the
Title, and the 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 a claim
under this policy, it shall be subrogated and entitled to the
rights of the Insured Claimant in the Title and all other rights
and remedies in respect to the claim that the Insured
Claimant has against any person or property, to the extent of
the amount of any loss, costs, attorneys' fees, and expenses
paid by the Company. If requested by the Company, the
Insured Claimant shall execute documents to evidence the
transfer to the Company of these rights and remedies. The
Insured Claimant shall permit the Company to sue,
compromise, or settle in the name of the Insured Claimant
and to use the 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
exercise of its right to recover until after the Insured Claimant
shall have recovered its loss.
(b) The Company's right of subrogation includes the dghts of the
Insured to indemnities, guaranties, other policies of
insurance, or bonds, notwithstanding any terms or conditions
contained in those instruments that address subrogation
rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or
CONDITIONS (Continued)
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 no
joinder or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising out of or relating
to this policy, any service in connection with its issuance or the breach
of a policy provision, or to any other controversy or claim adsing out of
the transaction giving dse to this policy. All arbitrable matters when the
Amount of Insurance is $2,000,000 or less shall be arbitrated at the
option of either the Company or the Insured. All arbitrable matters
when the Amount of Insurance is in excess of $2,000,000 shall be
arbitrated only when agreed to by both the Company and the Insured.
Arbitration pursuant to this policy and under the Rules shall be binding
upon the parties. Judgment upon the award rendered by the
Arbitrator(s) may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
{a) This policy together with all endorsements, if any, attached to it by
the Company is the entire policy and contract between the insured
and the Company. In interpreting any provision of this 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
this policy.
(c) Any amendment of or endorsement to this policy must be in writing
and authenticated by an authorized person, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is made a part
of this policy and is subject to all of its terms and provisions.
Except as the endorsement expressly states, it does not (i) modify
any of the terms and provisions of the policy, (ii) modify any prior
endorsement, (iii) extend the Date of Policy, or (iv) increase the
Amount of Insurance.
t6. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid, but
all other provisions shall remain in full rome and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the dsks covered by this policy and determined the
premium charged therefor in reliance upon the law affecting
interests in real property and applicable to the interpretation,
rights, remedies, or enforcement of policies of title insurance of the
jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enfome the terms of this policy. In neither case shall
the court or arbitrator apply its conflicts of law principles to
determine the applicable law.
(b) Choice of Forum: Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or
federal court within the United States of Amedca or its territories
having appropriate jurisdiction.
18. NOTICES, WHERE SENT
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 First American Title Insurance Company of New York,
Attn: Claims National Intake Center, '1 First American Way; Santa
Ana, CA 92707. Phone: 888-632-1642.
I Form 5111436 (8/1/09) Page 5 of 5I ALTA Owner's Policy of Title Insurance (6-17-06
New Yod
TITLE NO. 641-S-03665
POLICY NO. 5111436-0001458e
SCHEDULE A
AMOUNT OF INSURANCE: $1,421,310.10
DATE OF POLICY: 5/13/10
1. NAME OF INSURED: TOWN OF SOUTHOLD
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS: DEVELOPMENT RIGHTS
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
PATRIClA A. SEPENOSKI, EXECUTRIX UNDER THE LAST WILL AND
TESTAMENT OF ANNA T. DROSKOSKI
DATED 1127/71 AND RECORDED 1/27/71 IN LIBER 6876 PAGE 395.
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
TAX MAP DESIGNATION: 11)00-018.00-04.00.PART OF 007.001 NOW KNOWN
AS 007.007
STREET ADDRESS: 28105 ROUTE 25, ORIENT, NY
Peconic Abstract, Inc.
Title No.: 641-S-03665
Amended 5/13/10
Schedule A Description - DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel or land, situate, lying and being at
Orient, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument located on the northerly side of Main Road S.R.
25 from the corner formed by the intersection of the westerly side of Brown's
Hill Road with the northerly side of Main Road S.R. 25;
RUNNING THENCE along the northerly side of Main Road S.R. 25 South 79
degrees 20 minutes 40 seconds West 203.35 feet to the development rights
easement area about to be described and the true point or place of
BEGINNING.
THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20
minutes 40 seconds West 53.65 feet to land now or formerly of Sepenoski;
THENCE along said land now or formerly of Patricia Sepenoski North 31
degrees 54 minutes 50 seconds West, 300.00 feet;
THENCE South 75 degrees 08 minutes 20 seconds West, 260.25 feet;
THENCE South 47 degrees 20 minutes 30 seconds West, 134.50 feet;
THENCE North 42 degrees 39 minutes 30 seconds West 1377.39 feet to a
monument;
THENCE North 60 degrees 49 minutes 40 seconds East 330.24 feet;
THENCE North 55 degrees 33 minutes 10 seconds East 277.71 feet to the
westerly side of Brown's Hill Road;
THENCE along the westerly side of Brown's Hill Road South 42 degrees 39
minutes 30 seconds East 1274.12 feet;
--page 2..
THENCE South 47 degrees 20 minutes 30 seconds West 182.13 feet;
THENCE South 42 degrees 39 minutes 30 seconds East 117.29 feet;
THENCE South 31 degrees 54 minutes 50 seconds East 319.45 feet to the
northerly side of Main Road S.R. 25 and the TRUE POINT OR PLACE OF
BEGINNING.
SCHEDULE B
POLICY NO.: 5111436-0001458e
TITLE NUMBER: 641-S-03665
EXCEPTIONS FROM COVERAGE
This Policy does not insure loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
Special Exceptions:
1) Survey by John C. Ehlers, LS, dated 11111/09 and 3/26110 shows vacant
land; variations between fences and all record lines; also shows the area of
the farm road on the west and north side of property. Company excepts
changes made since date of said survey.
2) Grant of Development Rights dated 5/13110 and recorded 5119110 in Liber
12625 page 238.
3) Covenants and Restrictions dated 5113/10 and recorded 5/19/10 in Liber
12625 page 239.
First American Title Insurance Company of New York
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Title No. 641-S-03665
Attached to and made part of First American Title Insurance Company of New
York Policy
1. Covered Risk Number 2(c) is deleted.
2. 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.
3. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date
hereof, and which has now gained or which may hereafter gain priority over the
estate or interest of the insured as shown in Schedule A of this policy."
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, First American Title Insurance Company of New York has
caused this Endorsement to be signed and sealed on its date of issue set forth herein.
Dated:5/13/10
Countersigned
First American Title Insurance Company of New
York
Authorized Signatory .lames 1'4. Orphanides, President
STANDARD NEW YORK ENDORSENENT (1/1/07)
FOR USE WITH ALTA OWNER'S POLICY (6-06)
CLOSING STATEMENT
PATRICIA A. SEPENOSKI, as Executrix under the
Last Will and Testament of ANNA T. DROSKOSKI, deceased
to TOWN OF SOUTHOLD
Total Development Rights Easement- 18.8253 acres
Total Parcel Acreage - 21.2558 acres
Reserved Area (east) - 2.1120 acres
Reserved Area (west) - 0.3185 acre
Total Reserved Areas Acreage - 2.4305 acres
Premises: 28105 Main Road (Rt. 25) Orient
Part of SCTM #1000-18.-4-7.1
Closing took place on May 13, 2010
at 1:00 p.m., Southold Town Hall Annex
Purchase Price of $1,421,310.10 (based upon 18.8253 buildable acres
$75,500/buildable acre) disbursed as follows:
Payable to Estate of Droskoski
Check #105310 (5/13/10)
$ 1,421,310.10'
*eligible for partial reimbursement from USDA-NRCS awarded grant
73-2C31-9-042
Expenses of Closing:
Appraisal, Updates and Supplemental
Payable to Lawrence Indimine Consulting Group $
Check #95585 (4/22/08)
Payable to Lawrence Indimine Consulting Group $
Check #I0016 (4/21/09)
Payable to Lawrence Indimine Consulting Group $
Check #104499 (3/9/10)
Payable to Lawrence Indimine Consulting Group $
Check #105408 (5/18/10)
3,600.00
1,400.00
3,200.00
1,500.00
Survey
Payable to John C. £hlers Land Surveyor
Check #103513 (12115109)
$ 2,650.00
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC
Check #103213 (11/17/09)
$ 1,100.00
Title Report (title #641-S-03665)
Payable to Peconic Abstract, Inc.
Check #105311 (5/13/10)
Title insurance policy
Recording easement
Certified Copy
Recording C&R's
$ 6052
$ 350
$ 20
$ 200
$ 6,622.00
Title Closer Attendance Fee
Payable to Stephen Spanburgh
Check #105312 (5/13110)
$ 100.00
Those present at Closing:
Scoff A. Russell
Lisa Clare Kombrink, Esq.
Patricia A. Sepenoski
Abigail A. Wickham, Esq.
Kristen Rishe
Stephen Spanburgh
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller/Executrix
Attorney for Seller
Seller's daughter
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTHOLD
VENDOR 0046~6 ESTATE OF DROSKOSKI
05/13/2010
FUND & ACCOUNT
P.O.fi I~VOICE
CHECK 105310
DESCRIPTION AMOUNT
18.8253 ACHES OPEN SPA 1,421,310.10
TOTAL 1,421,310.10'1
H2 .8686~.2 000.000
TBR869 051310
~ ~H[~NDRED AND 00/10D~ DOLLARS
,,'0955a5.' 1:0~&~05~6~.: 63 00000~ 0~
H3 .8660.2.500.200 18242 31 APPRAISAL-DROSKOSKI 3,600.00
TOTAL 3,600.00
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
4/22/2008 4/22/2008 H3 .600
4/21/2009 4/21/2009 H3 .600
3/09/2010 3/09/2010 H3 .600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04222008-363 Line: 247 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/22/2008 SDT 4/18/08 :
: Trx Amount... 3,600.00 :
: Description.. APPRAISAL-DROSKOSKI :
: Vendor Code.. 011893 :
: Vendor Name.. LAWRENCE INDIMINE CONSUL :
: Alt Vnd.. :
: CHECK ........ 95585 SCNB :
: Invoice Code. 31 :
: VOUCHER ...... :
: P.O. Code .... 18242 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/22/2008 :
: Date Cleared. 6/30/2008 :
: F3=Exit F12=Cancel :
: :
TOWN OF SOU~tOLD . SOUTHOLD, NY 11971-0959
TOWN OF SOUTHOLD
V~/~DOR 011893 LAWRENCE INDIMINE CONSULT CORP 04/2i/2009 CHECK 100616
~ & ACCOUNT P.O.~ INS~OICE DESCRIPTION ~/~OUNT
H3 .8660.2.500.200 19290 114 APPRAIS~J~-DROSKOSKI 1,400.00
TOTAL 1,400.00
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
4/22/2008 4/22/2008 H3 .600
4/21/2009 4/21/2009 H3 .600
3/09/2010 3/09/2010 H3 .600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-04212009-659 Line: 200 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 4/21/2009 SDT 4/17/09 :
: Trx Amount... 1,400.00 :
: Description.. A~PRAISAL-DROSKOSKI :
: Vendor Code.. 011893 :
: Vendor Name.. LAWRENCE INDIMINE CONSUL :
: A~t Vnd.. :
: CHECK ........ 100616 SCNB :
: Invoice Code. 114 :
: VOUCHER ...... :
: P.O. Code .... 19290 :
: Project Code. :
: Final Pal~ment F Liquid. :
: T~pe of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 4/21/2009 :
: Date Cleared. 4/30/2009 :
: F3=Exit F12=Cancel :
: :
TOWN OR $OUTHOLD
VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 03/09/2010 CHECK 104499
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION
H3 .8660.2.500.200 20140 000195 DROSKOSKI ESTATE-ORIENT
TOTAL
AMOUNT
3,200.00
3,200.00
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
.~ 4/22/2008 4/22/2008 H3 .600
4/21/2009 4/21/2009 H3 .600
~ 3/09/2010 3/09/2010 H3 .600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-03092010-720 Line: 93 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 3/09/2010 SDT 3/09/10 :
: Trx Amount... 3,200.00 :
: Description.. DROSKOSKI ESTATE-ORIENT :
: Vendor Code.. 011893 :
: Vendor Name.. LAWRENCE INDIMINE CONSUL :
: Alt Vnd..
: CHECK ........ 104499 SCNB
: Invoice Code. 000195
: VOUCHER ......
: P.O. Code .... 20140
: Project Code.
: Final Palnnent F Liquid.
: Ty~e of 1099. N BOX.
: Fixed Asset.. Y
: Date Released 3/09/2010
: Date Cleared.
: F3=Exit F12=Cancel
:
:
Addl.
~,3 O0000N
Lawrence Indimine Consulting Corp.
PO Box 1453
Smithtown, NY 11787
(631) 979-2735
Date
4/14/2010
Invoice
Invoice207 #
Bill To
Town of Southold
Department of Land Preservation
PO Box 1179
Sou[hold, NY 11971-0959
Description
Prepare Supplemental Report for Property of Anna T. Droskoski
Located 28105 State Rout~ 25, Orient, NY
SCTM # 1000-184 part of 7.1
File # 10020A
10 Hours ~ $150 per hoar
Amount
1,500.00
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
............................. Begi
,, 4122/2008 4/22/2008 H3 .600
,, 4/21/2009 4/21/2009 H3 .600
,, 3/09/2010 3/09/2010 H3 .600
.. 4/20/2010 4/20/2010 H3 .600
4/20/2010 4/20/2010 H3 .600
~ 5/18/2010 5/18/2010 Ha .600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-05182010-473 Line: 200 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/18/2010 SDT 5/18/10 :
: Trx Amount... 1,500.00 :
: Description.. SUPP APPRAISAL-DROSKOSKI :
: Vendor Code.. 011893 :
: Vendor Name.. LAWRENCE INDIMINE CONSUL :
: Alt Vnd.. :
: CHECK ........ 105408 SCNB :
: Invoice Code. 207 :
: VOUCHER ...... :
: P.O. Code .... 20143 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. Addl. :
: Fixed Asset.. Y :
: Date Released 5/18/2010 :
: Date Cleared. :
: F3=Exit F12=Cancel :
: :
Total $1,500.00
TOWN OF SOUTHOLD
VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/18/2010 CHECK 105408
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 20143 207 SUPP APPRAISAL-DROSKOSKI 1,500.00
TOTAL 1,500.00
TOWN OF SOUTHOLD
VENDOR 005322 JOHN C. EHLERS 12/15/2009 CHECK 103513
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION
H3 .8660.2.600.100 20133 2007143 DROSKOSKI ESTATE SURVEY
TOTAL
AMOUNT
2,650.00
2,650.00
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 005322 EHLERS/JOHN C.
Y=Select
- JE Date Trx. Date Fund Account
......................... Use
12/19/2006 12/19/2006 H3 .600
3/13/2007
5/08/2007
7/03/2007
9/11/2007
4/08/2008
3/13/2007
5/08/2007
7/03/2007
9/11/2007
4/08/2008
6/03/2008 6/03/2008
11/18/2008 11/18/2008
12/16/2008 12/16/2008
12/15/2009 12/15/2009
H3 .600
H2 .600
H2 .600
H2 .600
H3 .600
H3 .600
H3 .600
H3 .600
H3 .600
Acti
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12152009-810 Line: 126 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/15/2009 SDT 12/15/09 :
: Trx Amount... 2,650.00 :
: Description.. DROSKOSKI ESTATE SURVEY :
: Vendor Code.. 005322 :
: Vendor Name.. EHLERS/JOHN C. :
: Alt Vnd.. :
: CHECK ........ 103513 SCNB :
: Invoice Code. 2007143 :
· VOUCHER ·
: P.O. Code .... 20133 :
: Project Code. :
: Final Payment F Liquid. :
: T~pe of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 12/15/2009 :
: Date Cleared. 12/31/2009 :
: F3=Exit F12=Cancel :
: :
TOWN OF $OUTHOLD
VENDOR 014161 NELSON, POPE & VDORHIS, LLC 11/17/2009 CHECK 103213
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 20132 7052 PHASE 1 ESA-DROSKOSKI 1,100.00
TOTAL 1,100.00
GL108S 20 TOWN OF SOUTHOLD
View I ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
5/19/2009
5/19/2009
6/16/2009
6/30/2009
7/14/2009
5/19/2009 A
5/19/2009 B
6/16/2009 A
6/30/2009 A
7/14/2009 B
8/11/2009 8/11/2009 H3
11/17/2009 11/17/2009 H3
1/19/2010 1/19/2010 A
600
600
600
600
600
600
600
600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquizy by Vendor Name
.............. Detail--GL100N ..............
: W-11172009-536 Line: 176 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 11/17/2009 SDT 11/16/09 :
: Trx Amount... 1,100.00 :
: Description.. PHASE i ESA-DROSKOSKI :
: Vendor Code.. 014161 :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 103213 SCNB :
: Invoice Code. 7052 :
: VOUCHER ...... :
: P.O. Code .... 20132 :
: Project Code. :
: Final Payment F Liquid. :
: T~pe of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 11/17/2009 :
: Date Cleared. 11/30/2009 :
: F3=Exit F12=Cancel :
: :
~]OUl
TOWN OF SOUTHOLD
VENDOR 016139 PECONIC ABSTR3~CT, INC. 05/13/2010 CHECK 105311
FUND & ACCOUNT P.O.# INVOICE DEscRIPTION AMOUNT
H2 .8686.2.000.000 TBR869 641-S-03665 DROSKOSKI EST-REC FEES 6,622.00
TOTAL 6,622.00
TOWN OF SOUTHOLD
VENDOR 019620 STEPHEN SPANBURGH 05/13/2010 CHECK 105312
FUND & ~CCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR869 641-S-03665 DROSKOSKI EST-ATTEND FEE 100.00
TOTAL 100.00
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
m¢lissa.spiro~town.southold.ny.us
Telephone (631) 765-571 l
Facsimile (631) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From:
Melissa Spiro, Land Preservation Coordinator
Date: May 13, 2010
Re:
ESTATE OF ANNA T. DROSKOSKI to TOWN OF SOUTHOLD
Part of SCTM #1000-18.-4-7.1
Please be advised that the Town has acquired a development rights easement on the agricultural property listed
below. If you would like additional information regarding the purchase, please feel free to contact me.
LOCATION:
28105 Main Road (Route 25), Odent
SCTM #:
part of 1000-18.-4-7.1
PROPERTY OWNER:
Patricia A. Sepenoski, as Executrix under the Last Will and
Testament of Anna T. Dreskoski, deceased
PURCHASE DATE:
Thursday, May 13, 2010
PURCHASE PRICE:
$1,421,310.10 (based on 18.8253 buildable acres @ $75,500/buildable
acre)
TOTAL PARCEL ACREAGE:
21.2558 acres
EASEMENTACREAGE:
18.8253 acres
RESERVED AREA (east):
2.1120 acres
RESERVED AREA (west):
0.3185 acre - Landowner intends to apply for a lot line change to
merge this area with existing residential lot
ZONING: R-80
FUNDING:
CPF 2% Land Bank (bonded funds) and partial reimbursement
($748,305.65 anticipated) from a USDA-NRCS awarded FRPP grant
MISCELLANEOUS:
This property is listed on the Community Preservation Project Plan list.
The property is located to the east of farmland on which Peconic Land
Trust, Inc. holds a conservation easement, and is across the street from
Town preserved agricultural land. The farmland is planted in row crops.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: DECLARATION
Number of Pages: 6
Receipt Number : 10-0059513
District:
1000
Recorded:
At:
05/19/2010
11:15:41 AM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012625
PAGE: 239
Section: Block: Lot:
018.00 04.00 007.007
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$30.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$7.50 NO RPT $30.00 NO
Fees Paid $107.50
IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
THIS PAGE
JUDITH A. PASCALE
County Clerk, Suffolk County
DEPT. OF LAND
PRESERVATION
r
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Page / Filing Fee
Deed / Mortgage Tax Stamp
Handling 5. 00
TP-584
Notation
EA-52 17 (County)
Sub Total
EA-5217 (State)
Comm. of Ed. 5. 00
Affidavit ~
Other
Sub Total
I
4 ~ Dist.
Real Property/ //~P~T, S~
Tax Service --
Agency
Verification
1000 01800 0400 007007t/~)
,/
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: ~
//¢~1
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
REOr~RbE[,
20i0 Mag i9 ii:15:4i
JU[:'£TH A, P~SCgLE
CLERK OF
SUKFOLK
L D00012625
P 23?
I. Recording / Filing Stamps
Mortgage Amt.
1. Basic Tax
2. Additional Tax
Sub Total
Spec./Assit.
or
Spec./Add.
TOT. MTG. TAX
Dual Town __. Dual County __
Held for AppoinUnent
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
r 5, l md
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
s Suffolk Count R or_din & Endorsement Pa e
This page forms part of the attached '; J ~.~--~L d~7'/~ ,~ made by:
~ (SPECIFY TYPE OF INSTRUMENT)
~D C.: ,6-~/O ~/c/ ,'. The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In thc TOwN of ~c_)O 7-Co.. '~
In the VILLAGE
or HAMLET of
BOXES 6 THRU $ MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECO~I~ING OR FILING.
DECLARATION OF COVENTANTS AND RESTRICTIONS
DECLARATION, made May 13, 2010, by PATRICIA A. SEPENOSKI, as
Executrix under the last will and Testament of Anna T. Droskoksi, deceased, residing at
27965 Route 25, Orient, New York 11957, hereinafter referred to as the Declarant.
WHEREAS, the Declarant is the owner of certain real property situate at Main
Road, Oreint, Town of Southold, County of Suffolk and State of New York, known as
SCTM # 1000-18-4-7.1. (the "Farm Parcel"), and
WHEREAS, the Declarant is conveying the development rights to 18. 825 acres
of the Farm Parcel to the Town of Southold, and is reserving from the development rights
sale, inter alia a portion of the Farm Parcel shown as "Development Rights Intact Area of
13,872 square feet or 0.3185 acre" on a survey dated November 11, 2009 and last revised
March 26, 2010, prepared by John C. Ehlers Land Surveyor, a reduced copy of which is
attached hereto and made a part hereof, and described on Schedule A annexed hereto,
hereinafter referred to as the "Southwest Comer Area"; and
WHEREAS, the Declarant has requested that the Southwest Comer Area be
excluded from the sale of development rights so that an application can be made to the
appropriate municipal agencies to modify the lot line of the Farm Parcel and merge the
Southwest Corner Area with the adjacent residential parcel to the Southeast or to the
South; and
WHEREAS, if approval for such lot line change is not granted, the Southwest
Comer Area will remain part of the Farm Parcel; and
WHEREAS, the Southwest Comer Area is not intended or designed for
residential use; and
WHEREAS, for and in consideration of the sale of development rights to a
portion of the Farm Parcel, the Town of Southold has required a covenant that the
Southwest Corner Area be restricted from future construction of a dwelling or from a
dwelling use, and that the within Declaration be recorded in the Suffolk County Clerk's
Office, and
WHEREAS, the Declarant has considered the foregoing and determined that the
same will be for the best interests of the Town, the Declarant and subsequent owners of
said parcels.
NOW, THEREFORE, THIS DECLARATION WITNESSETH:
That the Declarant, in consideration of the intentions above expressed, does
hereby covenant and agree that the Southwest Corner Area described in Schedule A shall
hereafter be subject to the following covenants and restrictions which shall mn with the
land and shall be binding upon all purchasers and holders of said premises, their heirs,
executors, legal representatives, distributes, successors and assigns, to wit:
1. No dwelling or accessory dwelling, guesthouse or other residential
dwelling structure shall be constructed on the Southwest Comer Area, whether same
remains part of the Farm Parcel or is merged with other adjoining property.
2. The Southwest Comer Area may not be subdivided from the Farm Parcel,
except to be merged via lot line change with an adjacent residential parcel;
3. This Declaration shall not preclude the imposition by the Declarant of
additional restrictions on the use of the Southwest Comer Area.
IN WITNESS WHEREOF, the Declarant above named has executed the
foregoing Declaration the day and year first above written.
Patricia A. Sepenoski, Executrix
STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.:
On May 13, 2010, before me the undersigned, a Notary Public in and for said State,
personally appeared Patricia A. Sepenoski, personally know to me or proved to me on the
basis of satisfactory evidence that he executed the same in his capacity and that by his
~ ty~a~ich
signature on the instrument, the individual, or the person or ti
the individual acted, executed the instrurne~ ~"~bl~ ~/ '
(--.
NO ary
!
Inc.
Titie No.: 641-S-03665
Amended 5/6110
Schedule A Description - FOR INFORMATION ONLY- RESERVEO
AREA ON THE WEST
ALL that certain plot, piece or parcel or land, situate, lying and being at
Orient, in the Town of Southold, County of Suffolk and State of New York,
bounded and described as follows:
BEGINNING at a monument on the northerly side of Main Road S.R. 25 from
the comer formed by the intersection of the of the westerly side of Brown's
Hill Road with the northerly side of Main Road S.R. 25 and running the
following three (3) courses and distances:
1) South 79 degrees 20 minutes 40 seconds West 257.00 feet to land now
or formerly of Patricia Sepenoski;
2) North 31 degrees 54 minutes 50 seconds West, 300.00 feet;
3) South 75 degrees 08 minutes 20 seconds West, 260.25 feet to the
northeasterly corner of the reserved area about to be described and the
true point or place of beginning;
THENCE southerly along the westerly side of land now or formerly of
Droskoski, South 31 degrees 54 minutes 50 seconds East, 140.00 feet;
THENCE South 73 degrees 05 minutes 50 seconds West, 120.38 feet to a
monument;
THENCE North 42 degrees 39 minutes 30 seconds West, 85.25 feet;
THENCE North 47 degrees 20 minutes 30 seconds East, 134.50 feet to the
northeasterly corner of the reserved area and the true point or place of
BEGINNING.
JOHN C. EHLERS LAND SURVEYOR