HomeMy WebLinkAboutTerry 1000-19.-1-8.8 MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa.spiro@town.southold.ny.us
Telephone (631 ) 765~5711
Facsimile (631) 765-6640
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(comer 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
January 10,2012
TERRY to TOWN OF SOUTHOLD
Development Rights Easement - 30.2372 acres
SCTM #: 1000-19.-1-8.8
Location: 32210 Main Rd (NYS Rt 25), Orient
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Original Grant of Development Rights Easement dated November 3, 2011, between Fred
Terry, as Trustee of the Frederick Terry Revocable Trust and Ethel Terry, as Trustee of the
Ethel Terry Revocable Trust and the Town of Southold, recorded in the Suffolk County
Clerk's office on 11/17/2011, in Liber D00012676 at Page 903
· Original Declaration of Covenants and Restrictions dated November 3, 2011, between Fred
Terry, as Trustee of the Frederick Terry Revocable Trust and Ethel Terry, as Trustee of the
Ethel Terry Revocable Trust and the Town of Southold, recorded in the Suffolk County
Clerk's office on 11/17/2011, in Liber D00012676 at Page 904
· Title insurance policy #O-8911-584224 issued by Stewart Title Insurance Company on
November 3, 2011, in the insured amount of $2,535,245.60 (title #ST11-11441 )
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT
Number of Pages: 33
Receipt Number : 11-0126069
TRANSFER TAX NUMBER: 11-07730
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
019.00 01.00
EXAMINED AND CHARGED AS FOLLOWS
$2,535,245.60
11/17/2011
11:34:20 AM
D00012676
903
Lot:
008.008
Received the Following Fees For Above Instrument
Exempt
Page/Filing $165.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $21.45 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
11-07730
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Exempt
$20.00 NO
$15.00 NO
$0.00 NO
$30.00 NO
$0.00 NO
$261.45
JI/DITH A. PASCALE
County Clerk, Suffolk County
DEPT, OF [AND
PRESERVATIOI'(
Number of pa, ges
"~l'his document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
FEES
Page / Filing Fee
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
NYs-~S':rffhharge
'st.
Real Property
Tm,; Service
Agency
Verification
SubTotal
5. 00
15. 00
Sub Total 7 /
GrandTotal~ ~ /
11024816 ~ooo ozgoo o:.oo ooaooa
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 Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
tl,4' page #_ of this instrument.
Community Preservation Fund
Consideration Amount $
Due $
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
£ o, gox
Improved
Vacant Land
TD
TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 [ Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name J'r~er ~ r~
www. s uffolkcou ntyny, gov/cle rk Title #
c uuom t oun/y Recording & Endorsement Page
This page forms part of the attached ~k'/2X/?'- &~' ~D/~oikT~i/~-
(SPECIFY TYPE OF INSTRUMENT) \ ~.~
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BOXES 6 THRU 8 MUST BE TYPED OR PRINTED iN BLACK INK ONLY PRIOR TO RECORDING OR FILII
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property
statements.
Local property taxes are payable twice a year: on or before January 10'h and on or before May 31s'.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, N.Y. 11757
(631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, N.Y. 11901
(631) 727-3200
Brookhaven Town Receiver of Taxes
One Independence Hill
Farmingville, N.Y. 11738
(631) 451-9009
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, N.Y. 11937
(631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, N.Y. 11787
(631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
(631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Islip Town Receiver of Taxes
40 Nassau Avenue
Islip, N.Y. 11751
(631) 224-5580
Southold Town Receiver of Taxes
53095 Main Street
Southold, N.Y. 11971
(631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
12-0104 06/06kd
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the ,~z~ day of ,q~v'~. , 2011 at Southold, New York. The
parties are FREDERICK TERRY, AS TRUSTEE OF THE FREDERICK
TERRY REVOCABLE TRUST, AND ETHEL TERRY, AS TRUSTEE OF THE
ETHEL TERRY REVOCABLE TRUST, with an address of 35870 Main
Road, Orient, New York 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 American"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 in?rest appears
herein. ' .,qz. ~.l,~/ I .S- 5~tJnn~c S~-- Su~ ~
INTRODU~ION
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 #1000-19-1-8.~, 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
prepared by John C. Ehlers Land Surveyor, dated August 31, 2011 and
last revised October 31, 2011 (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 and the R-200
Zoning Districts 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 Resources 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 provided ONE IVlILLION TWO HUNDRED SIXTY-SEVEN
THOUSAND SIX HUNDRED TWENTY-TWO AND 80/100 DOLLARS
($1,267,622.80) to the Grantee for the acquisition of this Easement,
entitling the United States to the rights identified herein.
WHEREAS, 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
WHEREAS, the Property is currently used for field crops; and
WHEREAS, 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 State Town Law ("Town Law") to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of TWO MILLION FIVE
HUNDRED THIRTY-F:[VE THOUSAND TWO HUNDRED FORTY-FIVE AND
60/100 DOLLARS ($2,535,245,60) 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 HAVEAND 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 fee
title to the Property, and the exclusive right of occupancy and of use of
the Property, subject to the limitations, conditions, covenants,
agreements, provisions and use restrictions hereinafter set forth,
which shall constitute and shall be 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 Stewart Title Insurance Company
Title Report No. STl1-11441 and possesses the right to grant this
easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under {}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
3
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, conservation 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 ("IRC") and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. ]~n order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
conservation, 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 dated August 31, 2011, last revised
October 31, 2011, prepared by John C. Ehlers Land Surveyor and a
Phase 1 Environmental Site Assessment dated .luly 15, 2011 by Cashin
Technical Services, Inc.
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.
4
'0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 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") now, or as
Chapter 70 may be amended 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 §301(2)(a)-(j) may be amended, provided said
amended provisions are inherently similar in nature to those crops,
livestock and livestock products included as of the date of this
Easement. 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
roads, 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
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
and/or Grantee" when used herein shall include all of those persons or
entities.
ARTICLE TWO
SALE
GRANTOR, for TWO NILLION FIVE HUNDRED THIRTY-FIVE
THOUSAND TWO HUNDRED FORTY-FIVE AND 60/100 DOLLARS
($2,535,245.60) good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.01 Structures
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and Section 1.02 and Section 4.06 of this
Easement.
3.02 Excavation and Removal of Materials; Mining
Mineral exploitation, and extraction of any mineral (including,
but not limited to soil, gravel, sand and hydrocarbons) by any method,
surface or subsurface, is prohibited. Grantor shall not remove or fill
topsoil, sand, or any other materials, nor shall the topography of the
Property be changed except in connection with the construction and
maintenance of any structure or improvement expressly permitted to
be placed or constructed on the Property, under the terms herein.
Grantor may remove topsoil, sand or other materials for
purposes or erosion control and soil management only with the prior
written approval of Grantee. The Land Preservation Committee has the
right to require a Natural Resources Conservation Service (NRCS) farm
management plan for the Property prior to the removal of topsoil, sand
or other materials, based on the extent and type of materials removed
or on the alteration of the topography of the Property.
Agricultural practices that are determined to be in accordance
with an NRSC farm management plan shall not be prohibited.
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 property, provided that all resulting parcels contain at
least 10 acres of preserved agricultural land subject to a development
rights easement or other conservation instrument. Such subdivision
may not defeat or derogate from the purpose of this Easement or
other applicable law.
The United States Secretary of Agriculture shall be notified prior
to such division or conveyance.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Property shall be prohibited. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices on the Property, including fertilization, composting and crop
removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Property and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantor, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Property to service structures approved pursuant to Section 4.06 shall
be prohibited without the prior written consent of the Grantee.
Underground utilities must, to the extent possible, be constructed
within 30 feet of the centerline of any roads or driveways, and may be
used solely to service the permitted structures on the Property. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
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, now or as Chapter 70 may be amended, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the Agriculture and Markets Law, now or as said
§301 (2)(a)-(j) may be amended, provided said amended provisions
are inherently similar in nature to those crops, livestock and livestock
products included as of the date of this Easement, shall not be
considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property. Under no
circumstances shall athletic fields, golf courses or ranges, commercial
airstrips and helicopter pads, motorcross biking, or any other
improvements or activity inconsistent with current or future
agricultural production 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
9
All agricultural operations on the Property shall be conducted in
a manner consistent with a resource management system (RMS)
Conservation Plan (the "Conservation Plan") 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. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP,
will assure that selected conservation practice alternatives will prevent
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
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 Comoliance Provisions of the Conservation Plan
As required by Section 1238I of the Food Security Act of 1985,
as amended, the Grantor, its heirs, 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,
10
· (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 after 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 the Conservation Plan and in order to control
flooding or soil erosion on the Property.
3.12 Development Rights
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to 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, and the parties agree that any other such development
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
1!
Subject to the provisions of ARTTCLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement, as well as applicable local, State, or federal law. Grantor
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including, but not limited to farmstands and for
educational or training programs related to agricultural production or
activities.
Grantor shall also have the right to use the Property for
traditional private recreational uses, provided such recreational uses
are conducted for the personal enjoyment of Grantor, are compatible
with farming, and are otherwise consistent with and do not derogate
from or defeat the Purpose of this Easement or other applicable law.
These uses shall not be offered or provided for commercial purposes,
including the commercial gain of Grantor or others.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantor shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the Property, and to mow the
Property.
4.05 Agricultural Production and Activities
Grantor shall have the right to engage in all types of agricultural
production as the term is presently referenced in §247 of the General
12
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or
as Chapter 70 may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Harkets Law, now, or as §30:~(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in
nature to those crops, livestock and livestock products included as of
the date of this Easement. 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 not 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 conservation
instrument, including but not limited to farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Property, as may be permitted by the Town Code, now or as may be
amended, and subject to the approval of the Town of Southold 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:
Underground facilities used to supply utilities
solely for the use and enjoyment of the Property;
(ii)
10 foot wide right-of-way along the entire eastern
property line, recorded in Liber 3328 page 93;
(iii)
Construction of new structures, provided such
structures are necessary for or accessory to
agricultural production; all new construction,
13
except drainage improvement structures, shall be
located within the designated "Agricultural
Structure Area" shown on the Survey and
described in the attached Schedule "B"; Lot
coverage of structures within the "Agricultural
Structure Area" shall be limited to 2% of the
entire buildable area of the Property.
(iv)
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;
(v)
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.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
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
]4
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
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, and, in the case of a transfer to an entity, the individual
principals thereof. The instrument of any such conveyance shall
specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general intent and purpose of this Easement as set
forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
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,
15
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.
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, or
agreements contained in this instrument, or violations of any Federal,
State or local laws, including all Environmental Laws, as defined below.
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.
Moreover, Grantor hereby promises to defend and indemnify the
Grantee and hold harmless and indemnify 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 Reouirement
l~f 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 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, conservation and agricultural values of the Property. In the
l?
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 5.02 and 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 5.03 and 6.03, or to permit access upon
the Property by the public.
6.02 Restoration
In addition to Grantee's remedies under Section 5.03, 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 Riqhts of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate, Therefore,
18
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
(iii)
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
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 the Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within 10 days.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United States of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
]9
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 by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office,
recited herein, marked 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.
Where notice is required to the United States of America or to
the NRCS, such notice shall be delivered to U.S. Department of
Agriculture, NRCS, c/o Commodity Credit Corporation, State
Conservationist, The Galleries of Syracuse, 441 South Salina Street,
Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall
be deemed notice to the United States of America.
Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee and the United
States of America, a court with jurisdiction may, if it determines that
2o
conditions surrounding the Property have changed so much that it
becomes impossible to fulfill the Purpose of this Easement described in
Section 0.03, extinguish or modify this Easement in accordance with
applicable law. 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 transferred hereby, in accordance with Section
7.11 herein.
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 is made with the intention that it shall qualify as
a conservation easement in perpetuity under Code Section
170(h). The parties agree that amendments to the provisions of this
Easement may be permitted by Grantee if such amendment shall be
necessary to entitle Grantor to meet the requirements of Code Section
170(h) and/or to enable Grantee to amplify the public benefits
attributable to this Easement.
21
This Easement can be amended and modified only in accordance
with the common and statutory laws of the State of New York
applicable to the modification of easements and covenants running
with the land. Grantee and Grantor shall mutually have the right to
agree to amendments to this Easement, with the written approval of
the Secretary of the United States Department of Agriculture, provided
however, that Grantee shall have no right or power to agree to any
amendment hereto that would result in this Easement failing to qualify
as a valid conservation easement under Article 49, Title 3 of the
Environmental Conservation Law of the State of New York, as the
same may be hereafter amended, or any regulation issued pursuant
thereto.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. 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, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, 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
]~nternal 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.
22
7.04 Severability
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. :Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governing Law
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 ]nteroretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. 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 consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited its 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.
23
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recordinq
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
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, as reflected in an appraisal
obtained by Grantee dated April 13, 201! (valuation date April 11,
2011). The Proportionate Share is 73%. The Proportionate Share
shall remain constant (subject to reasonable adjustment to the extent
permissible under Section 170(h) of the Internal Revenue Code for any
improvements which may hereafter be made on the Property).
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 50%, and 50%, respectively, representing the
proportion each party contributed to the purchase price of the
Easement.
24
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.
ACKNOWLEDGED AND ACCEPTED:
THE FREDERICK TERRY REVOCABLE TRUST, GRANTOR
BY: '~ "'"¢'-
~ TRUSTEE
THE ETHEL TERRY REVOCABLE TRUST, GRANTOR
BY: c~-,L'~d~
ETHEL TERRY, ,) TRUSTEE
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOU~HOLD, Grantee
Acceptance of Property Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
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.
Authorized Signatory for the NRCS
ALBERT JONES, Acting State Conservationist
STATE OF NEW YORK )
COUNTY OF ~2/~,?/t,~)/¢,~ SS:
On this ,:~'day of ~/~r)~' ~'~-in the year 2011 before me, the
undersigned, personally appeared Albert .1ones, personally known to
me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s)~s ~re) subscribed to the within
25
instrume~.~and acknowledged to me that(he~she/~ey executed the
same in'his/her/their capacity(les), and th"a't by i~her/their
signature) on the instrument, the individual(s), or the person upon
behalf 9f which the~dividual(s) acted, executed the instrument.
.~*/z' Z ~:~ ~MBERLEY A. S~SON
~ota~ P~lic Notaw Public
/
No. 01ST5089252
Coun~ of Madison, State of N.Y.
STATE OF NEW YORK ) Commission E ires:
COUNW OF SUFFOLK ), SS: December8, .~./~
On the ~ day of ~C~a~ in the year 2011 before me, the
undersigned, personally appeared Frederick Terw, pemonally known to
me or proved to me on the basis of satisfactow evidence to be the
individual (s) whose name (s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity (les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the pemon upon
behalf of which the individual(s) acted, executed the instrument.
Signature/office o~ individual takin~ acknowledgement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ~day of
PATRICIA L. FALLON
Notary Public, State Of New¥ork
No. 01 FA4950146
QuaLified in SuffoLk County
Commission Expires April 24,
in the year 2011 before me, the
undersigned, personally appeared Ethel Terry, personally known to me
or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this ,.~J~day of
pATRICIA L. FALLON
Notary PubliC, State O~ NeW¥Ork
~o. 01 FA4950146
dted Jn Santo k County
Qua,' ' - .... A~ri[ 24,
Commission ~lru~
in the year 2011 before me, the
undersigned, personally appeared Scott A. Russell, personally known
26
to me or proved to me on the basis of satisfactory evidence to be the
individual(s) whose name(s) is (are) subscribed to the within
instrument and acknowledged to me that he/she/they executed the
same in his/her/their capacity(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon
behalf of which the individual(s) acted, executed the instrument.
Notary Public
PATRICIA L. FALLON
Netacy Public, State Of New York
No. 01FA4950146
Qualified In Suffo k County
Commission Expires April 24,
27
_stewart
title insurance company
NEW YORK METRO
800-853-4803
212-922-1593 fax
stewartnewyork.com
SCHEDULE A - DESCRIPTION
Title No.: STl1-11441
AMENDED 11/1/2011
DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25);
said point also being the division line between premises about to be described and land now or formerly
of Latham Farms Property LP and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38
minutes 50 seconds East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber;
THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber
(Town of Southold Development Rights) South 05 degrees 41 minutes 10 seconds West, 297.42 feet to
the true point or place of beginning;
RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of
Southold Development Rights) and the State of New York the following five (5) courses and distances:
(1) South 05 degrees 41 minutes 10 seconds West, 848.82 feet;
(2) South 05 degrees 27 minutes 10 seconds West, 594.05 feet;
(3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet;
(4) South 05 degrees 17 minutes 10 seconds West, 574.34 feet;
(5) South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C.
Open Space Conservation Easement as set forth in Liber 11155 Page 454;
THENCE along said land and land now or formerly of the State of New York the following two (2)
courses and distances:
(1) North 74 degrees 14 minutes 54 seconds West, 740.00 feet;
(2) North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line
between premises being described and land now or formerly of Latham Farms Property LP and
the County of Suffolk;
THENCE along said land the following three (3) courses and distances:
(1) North 54 degrees 00 minutes 00 seconds East, 95.83 feet;
(2) North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet;
(3) North 14 degrees 44 minutes 30 seconds East, 194.53 feet to a point;
THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber (Town of Southold Development Rights), the true point or place of
BEGINNING.
· { W E
JOHN C. EHLERS LAND SURVEYOR
JOHN C. EI~EP~ ]MM~D SURVEYOR
SCHEDULE B - DESCRIPTION
AGRICULTURAL STRUCTURE AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25);
said point also being the division line between premises about to be described and land now or formerly
of Latham Farms Property LP and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38
minutes 50 seconds East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robea
E. Weber and Eleanor C. Weber (Town of Southold Development Rights);
THENCE along said land South 05 degrees 41 minutes 10 seconds West, 297.42 feet to the true point or
place of beginning;
RUNNING THENCE still along said land South 05 degrees 41 minutes 10 seconds West, 812.60 feet to
a point;
THENCE Noah 81 degrees 29 minutes 45 seconds West, 444.42 feet to land now or formerly of Latham
Farms Property LP and the County of Suffolk;
THENCE along said land Noah 15 degrees 20 minutes 00 seconds East, 622.65 feet to a point;
THENCE along said land North 14 degrees 44 minutes 30 seconds East, 194.53 feet to a point;
THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to the land now or formerly of
Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights), the point or place of
BEGINNING.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
Number of Pages: 10
Receipt Number : 11-0126069
District:
1000
Recorded:
At:
11/17/2011
11:34:20 AM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012676
PAGE: 904
Section: Block: Lot:
019.00 01.00 008.008
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$50.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$6.50 NO RPT $70.00 NO
Fees Paid $166.50
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
DEC 15 20]]
DEP]~. OF [AND
PR£S£RVATIOI~
Number of pages [
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instrument
Deed / Mortgage Tax Stamp
Page / Filing Fee ~ ~- ~)
Handling ,_~_) O0
TP-584
Notation
EA-52 ~
Coknm.~f--t~. 5. 00
g 15. 00
Other
SubTotal
Sub Total /~) ~
GrandTotal /'~2 ~' ~/Cf)
4 Dist./dOB Secl
Real Property
Tax Service
Agency
Verification
lOOO 01900 &oo 008608
1000 01900 0100 008006
1000 01900 0100 008007
F' 9,3~
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 Appointment
Transfer Tax
Mansion Tax
The property covered by this mortgage is
or will be improved by a one or two
family dwelling only.
YES or NO
If NO, see appropriate tax clause on
page # of this instrument.
5 Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO: ~ Vacant Land
Mail to: Judith A. Pascale, Suffolk County Clerk ? Title Comnanv Infnrmallrm
310 Center Drive, Riverhead, NY 11901 I '. ..
www.ouffolk¢ountyny. 9ov/¢lerk Co. Name ~r'~z~
Suffolk County Recording' & Endorsement Page
This page forms part of the attached ~c~-,e,t',qz-/~, d~ ~ v~;4~r,S RarD ~----,~r~rcr~o,~' made by:
TO
(SPECIFY TYPE OF LNSTRL~,IENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
In the TOWN of
In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGF,~ please be aware of
the following:
If a portion of your 'monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future propert~ tu.,
statements.
Local property taxes are payable twice a year: on or before January l0th and on or before May 31".
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes
200 East Sunrise Highway
North Lindenhurst, N.Y. 11757
{631) 957-3004
Riverhead Town Receiver of Taxes
200 Howell Avenue
Riverhead, N.Y. 11901
(631) 727-3200
Brookhaven Town Receiver of Taxes
One Independence Hill
Farmingville, N.Y. 11738
(631) 451-9009
Shelter Island Town Receiver of Taxes
Shelter Island Town Hall
Shelter Island, N.Y. 11964
(631) 749-3338
East Hampton Town Receiver of Taxes
300 Pantigo Place
East Hampton, N.Y. 11937
{631) 324-2770
Smithtown Town Receiver of Taxes
99 West Main Street
Smithtown, N.Y. 11787
{631) 360-7610
Huntington Town Receiver of Taxes
100 Main Street
Huntington, N.Y. 11743
(631) 351-3217
Southampton Town Receiver of Taxes
116 Hampton Road
Southampton, N.Y. 11968
(631) 283-6514
Islip Town Receiver of Taxes
40 Nassau Avenue
Islip, N.Y. 11751
(631) 224-5580
Southold Town Receiver of Taxes
53095 Main Street
Southold, N.Y. 11971
(631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of this ~-~ day of November, 2011, by
FREDERICK TERRY, AS TRUSTEE OF THE FREDERI[CK TERRY REVOCABLE TRUST
and ETHEL TERRY, AS.TRUSTEE OF THE ETHEL TERRY REVOCABLE TRUST, AS
TENANTS TN COMMON~', hereinafter referred to as the "DECLARANT"; as owner of
the premises designated as SC-TM #1000-19-1-8.4 and shown on a survey prepared
by John C. Ehlers ITI Land Surveyor dated August 31, 2011 and last revised October
31, 2011, described in the metes and bounds description attached hereto and made
a part hereof as Schedule "A', and portions of which are separately described as the
"Reserve Parcel" and the "Development Rights Easement Area" in the additional
metes and bounds c~scriptions attached hereto and made a part hereof.
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at
32210 Main Road (Route 25), Orient, in the Town of Southold, County of Suffolk and
State of New York, (the "Property"); and
WHEREAS, the DECLARANT has granted to Town of Southold"J(the "Town")
a Grant of Developme_nt Rights Easement dated November 3, 2011 over a part of
SCTM #1000-19-1-8~, designated as the "Development Rights Easement Area";
and
WHEREAS, another portion of SCTM #1000-19-1-8.~ has been designated
by the DECLARANT and the Town Board of the Town of Southold (the "Town
Board") and the Town Land Preservation Committee ("LPC') as a "Reserve Parcel"
for possible future development, in accordance with applicable zoning regulations;
and
WHEREAS, the DECLARANT, the Town Board recognizes the necessity of
insuring access to and from the Development Rights Easement Area to and from the
Main Road; and
WHEREAS, for and in consideration of the acceptance of the Grant of
Development Rights Easement, the Town Board has deemed it in the best interests
of the Town of Southold (the "Town'3 and the owner and prospective owners of the
Property that the within covenants and restrictions be imposed on the Property, and
as a condition of the acceptance of the Grant of Development Rights Easement, the
Town Board has required that the within Declaration be recorded in the Suffolk
County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and has
determined that this declaration of covenants and restrictions will be in the interests
of the DECLARANT and subsequent owners of the Property,
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above
expressed does hereby make known, admit, publish, covenant and agree that the
Property shall hereinafter be subject to the covenants and restrictions as set forth
herein, which shall run with the land and shall be binding upon all purchasers and
holders of the Property, their heirs, executors, legal representatives, distributees,
successors and assigns, to wit.'
DECLARANT shall provide access to and from the Development Rights
Easement Area over the Reserve Parcel, to and from Main Road (S.R. 25). Said
access shall exist in perpetuity, regardless of whether the Reserve Area is ever
subdivided from the remainder of the property.
These covenants and restrictions shall be construed to be in addition to and
not in derogation or limitation upon any local, state, and federal laws, ordinances,
regulations or provisions in effect at the time of execution of this agreement, or at
the time such laws, ordinances, regulations and/or provisions may hereafter be
revised, amended or promulgated.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole, or any other part or provision hereof other
than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law
or by their provisions to be incorporated herein and they are deemed to be
incorporated herein and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon
DECLARANT, its successors and assigns, and upon all persons or entities claiming
under them, and may not be annulled, waived, changed, modified, terminated,
revoked or amended by DECLARANT or any subsequent owners of the premises
2
unless and until approved by the LPC, and by a majority plus one vote of the Town
Board and the Planning Board, or their legal successors, following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named, has duly executed
the foregoing Declaration the day and year first above written.
DECLARANT:
THE FREDERICK TERRY REVOCABLE TRUST
~rustee
THE ETHEL TERRY REVOCABLE TRUST
By: ETHEL TERRY, Tru~ee
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the ,,~'~--~ day of November in the year 2011 before me, the undersigned,
personally appeared Frederick Terry, personally known to me or proved to me on
the basis of satisfactory evidence to be the individuals whose names are subscribed
to the within instrument and acknowledged to me that they executed the same in
their capacity, and that by their signature on the instrument, the individuals, or the
persons upon behalf of which the individuals acted, executed the instrument, and
that such individuals made such appearance before the undersigned.
Sworn to before me this
~-~ day of November, 2011
Notary Public PATRICIA L. FALLON
Notary Public, State Of New York
No. 01FA4950146
Qualified in Suffolk County
Commission Expires April 24, ~/~
STATE OF NEW YORK)
SS.:
3
COUNTY OF SUFFOLK)
On the ~,~ day of November in the year 2011 before me, the undersigned,
personally appeared Ethel Terry, personally known to me or proved to me on the
basis of satisfactory evidence to be the individuals whose names are subscribed to
the within instrument and acknowledged to me that they executed the same in their
capacity, and that by their signature on the instrument, the individuals, or the
persons upon behalf of which the individuals acted, executed the instrument, and
that such individuals made such appearance before the undersigned.
Sworn to before me this
,~£~day of November, 2011
Notary Public
PATRIClA L FALLON
Notary Public, State Of NewYorl(
No. 01FA4950146
Qualified In Suffolk County
Com,'aission Expires April 24,
4
FOR INFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSES):
COMPOSITE DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25);
said point also being the division line between premises about to be described and land now or formerly
of Latham Farms Property LP and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38
minutes 50 seconds East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber;
THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber
(Town of Southold Development Rights), Diana Latham (Town of Southold Development Rights) and
the State of New York the following four (4) courses and distances:
(1) South 05 degrees 41 minutes 10 seconds West, 1,146.24 feet;
(2) South 05 degrees 27 minutes 10 seconds West, 594.05 feet;
(3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet;
(4) South 05 degrees 17 minutes 10 seconds West, 574.34 feet to land now or formerly of the State
of New York;
THENCE along said land South 16 degrees 21 minutes 30 seconds West, 529.73 feet to Long Beach
Bay;
THENCE along a tie line along the average high water mark the following two (2) courses and
distances:
(1) North 64 degrees 07 minutes 38 seconds West, 134.99 feet;
(2) North 88 degrees 35 minutes 51 seconds West, 109.92 feet to land now or formerly of the State
of New York;
THENCE along said land the following five (5) courses and distances:
(l) North 12 degrees 15 minutes 06 seconds East, 129.09 feet;
(2) South 77 degrees 44 minutes 54 seconds East, 140.00 feet;
(3) North 12 degrees 15 minutes 06 seconds East, 346.06 feet;
(4) North 74 degrees 14 minutes 54 seconds West, 606.87 feet;
(5) North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line
between premises being described and land now or formerly of Latham Farms Property LP and
the County of Suffolk;
THENCE along said land the following six (6) courses and distances:
(1) North 54 degrees 00 minutes 00 seconds East, 95.83 feet;
(2) North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet;
(3) North 14 degrees 44 minutes 30 seconds East, 198.30 feet;
(4) North 13 degrees 54 minutes 10 seconds East, 329.90 feet to a monument;
(5) North 73 degrees 34 minutes 10 seconds West, 45.30 feet to a monument;
(6) North 06 degrees 48 minutes 40 seconds East, 230.80 feet to a monument first abovementioned
set on the southerly side of Main Road (State Route 25), the point or place of BEGINNING.
FOR INFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSES):
RESERVE PARCEL
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southolcl,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25);
said point also being the division line between premises about to be described and land now or formerly
of Latham Farms Property LP and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38
minutes 50 seconds East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 minutes I0 seconds East, 141.51 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber to a point;
RUNNING THENCE along said land and along land now or formerly of Robert E. Weber and Eleanor
C. Weber (Town of Southold Development Rights) South 05 degrees 41 minutes 10 seconds West,
297.42 feet to a point;
THENCE North 81 degrees 29 minutes 45 seconds West, 309.58 feet to land now or formerly of Latham
Farms Property LP and the County of Suffolk;
THENCE along said land the following four (4) courses and distances:
(1) North 14 degrees 44 minutes 30 seconds East, 3.77 feet;
(2) North l 3 degrees 54 minutes 10 seconds East, 329.90 feet to a monument;
(3) North 73 degrees 34 minutes l0 seconds West, 45.30 feet to a monument;
(4) North 06 degrees 48 minutes 40 seconds East, 230.80 feet to a monument first abovementioned
set on the southerly side of Main Road (State Route 25), the point or place of BEGINNING.
title insurance company
NEW YORK METRO
800-853-4803
212-922-1593 fax
stewartnewyork.com
Title No.: STl1-11441
AMENDED 11/1/2011
DEVELOPMENT RIGHTS EASEMENT
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold,
County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25);
said point also being the division line between premises about to be described and land now or formerly
of Latham Farms Property LP and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38
minutes 50 seconds East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 m/nutes 10 seconds East, 141.51 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber;
THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber
(Town of Southold Development Rights) South 05 degrees 41 minutes 10 seconds West, 297.42 feet to
the true point or place of beginning;
RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of
Southold Development Rights) and the State of New York the following five (5) courses and distances:
(1) South 05 degrees 41 minutes 10 seconds West, 848.82 feet;
(2) South 05 degrees 27 minutes 10 seconds West, 594.05 feet;
(3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet;
(4) South 05 degrees 17 minutes 10 seconds West, 574.34 feet;
(5) South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C.
Open Space Conservation Easement as set forth in Liber ! 1155 Page 454;
THENCE along said land and land now or formerly of the State of New York the following two (2)
courses and distances:
(1) North 74 degrees 14 minutes 54 seconds West, 740.00 feet;
(2) North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line
between premises being described and land now or formerly of Latham Farms Property LP and
the County of Suffolk;
THENCE along said land the following three (3) courses and distances:
(1) North 54 degrees 00 minutes 00 seconds East, 95.83 feet;
(2) North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet;
(3) North 14 degrees 44 minutes 30 seconds East, 194.53 feet to a point;
THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert
E. Weber and Eleanor C. Weber (Town of Southold Development Rights), the true point or place of
BEGINNING.
ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
company
Any notice of claim and any other aotice or statement in writing required to be given 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, STEWART TITLE INSURANCE COMPANY, 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, susteJned or
incurred by the insured by reason of:
1. Title being vested other than as steted in Schedule A.
2. Any detect ie or lien or encumbrance on the Title. This Covered Risk includes but is not limited to iesurance against loss from
(a) A defect in the Tige caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii)a document affecting T~e nnt properly created, executed, witnessed, sealed, acknowledged, nntafized, or deitverad;
(iv) failure to perform those acts necaasa~ to create a document by electronic means authorized by law
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney
{vi) a document not properly filed, recorded, or indexed in the Public Records incieding failure to pedorm those a~ts by electronic
means authorized by law; or
{vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a gevemmental authority due or payable, but unpaid.
(c) Any encroachment, er~umbrance, violation, variation, or adverse circumstance affecting the Title that would he disclosed by an
accurate and complete laed survey of the Land. The te~m "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 fight of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting, regulating, prohibiting, or relating to
(a) the occupancy, use, or enjoyment of the Land;
(b) the character, dimensions, or location of any improvement erected on the Land;
(c) the subdivision of laed; or
(d) environmental protection
if a notice, descfibing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the viofation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental pofice 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 reco~ed in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the dghts of a purchaser for value without Knowledge.
Countersigned:
Stewart Title Insurance Company
New York, New York
Seria~ No. O~911-584224
File NO.: STtt-11441
COVERED RISKS (Continued)
Title being vested other then as stated in Schedule A or being defective (i) to be timely, or
(a) as a result of the avdidance in whole or in pert, or from a court order (ii) to impart notice of its exiatence to a purchaser for value or to a
providing an aitematlve remedy, of a transfer of all or any part of the judgmeot or lien creditor.
title to or any interest in the Land occurring prior to the transaction 10. Any detsot in or lien er encumbrance on the TitJe or other matter included
vesting l~tle as shov~ in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been crested or at~ashed or has
constituted a fraudulent or preferential transfer under federal been filed or r~corded in the Pubitc Records subsequent to Date of Policy
bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or uther instrument of transfer in the
(b) because the instrument of traesfer vesting Trtle as shown in Public Records that vasts Title as shew~ in Schedule A.
Schedule A constitutes a preferential transfer under federal The Company will eles bey the costs, attomeys' fees, and expenses incurred in
bankruptcy, state insolvency, or similar c~editom' rights laws by defense of any matter insured against by this Policy, but only to the extent
reason of the failure of its recording in the Public Records 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 reason of:
1. (a) Any law, ordinence, permit, or governmental regulation (including
those relating to building and zoning} restricting, regulating, prohibiting, or
relating to
(i) the occupency, use, or enjoyment of the Land;
the character, dimensions, or location of any improvement
erected on the Land;
(iii) the subdivision of land; or
(iv) environmental protection;
or the effect of any vlalatlan of these laws, ordinances, or governmental
regdiations. This Exclusion 1 (a) does not modify or limit the coverage provided
under Covered Risk 5.
(b) Any govemmeatal police power~ This Exclusion l(b) does not
modify or limit the coverage provided under Covered Risk 6.
2.
2. Rights of eminent domain. This Exclusion does not modify or limit the 5.
coverage provided under Covered Risk 7 or 8.
Defects, liens, encumbrances, adverse claims, or other matters
(a) created, suffered, assumed, or agreed to by the Insured Claimant;
(b) nut Kno'~'3 to the Company, not recorded in the Public Records at
Date of Policy, but Knov~ to the Insured Claimant and not disclosed
in writing to the Company by the Insured Claimant pbar to the date
the Insured Claimant became an Insured ueder this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy (however, th~s
does not medily or limit the coverage provided under Covered Risk
9 and 10); or
(e) resulting in ides or damage that would not have been sustained if
the Insured Clafrr~ant had peid value for the Title.
Any claim, by reason of the operation of federal bankruptcy, state
insolvency, or similar creditors' rights laws, that the transaction vesting
the T~tle as shown in Schedula A, is
(a) a fraudulent conveyance or fraudulent transfer; or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of
this policy.
Any lien on the Tdie fer real estate taxes or assessments imposed by
governmental autherity and created or attaching between Date of Pulicy
and the date of recording of the deed or other instrument at transfer in the
Public Records that vests Title es shown in Schedule A.
CONDITIONS
DEFINmON OF TERMS
The fdiibwing 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": A corporation, partnership, trust, limited liability
company, or other similar lagal eotlty.
(d) "Insured": The Insured named in Schedule A.
(i) The term "Insured" also includes
(A) successors to the Title 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 anuther
kind of Emi[y;
(D) a grantee of an Insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stesk, sbares, memperships, or other equity
interests of the grantee are wholly-owned by the
named insured,
(2) if the grantee wheliy o~ms the named Insured,
(3) if the grantee is wholly-owned by an a~jated
Entity of the named Insured, provided the affiliated
Entity and the named insured are both wholly-owned
by the same person or Entify, or
(4) if the grantee is a tnJstes or peneficiary of a trust
created by a writlen instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard ts (A), (B), (C), and (D) reserving, however, all
dghts and defenses es to any successm- that the Company
would have had against any pmdeceseor Insured.
(e) "Insured C~stmaat": An Insured claiming ldss or damage.
(f) "Knowledge" er "Know~": /tutust knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public R~cords or eny other records that impart
constrective nutice of matters affecting the Trile,
(g) *Land": The land described in Schedula A, and affixed
improvements that by law constitute real property. The term
"Land" does ~31 include eny preporty beyond the lines of the
area described in Schedule A, nor a~y right, title, interest,
estate, or easement ib aputfiag streets, roads, avenues, alleys,
lanes, ways, or waterways, but this does not mudify 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 dc%~d, or other
securify instrument, including one evidenced by electronic
means autherized by Jaw.
(i) "Public Recen~s': Records established under slate statutes at
Dute of Policy for the purpose of imparting constructive notice of
matters relating to real property to purchasers for value and
without Knowledge. With respect to Covered Risk 5(d), "Public
Records" shall also incJude environmental protection liens itled
in the records of the clerk of the United States District Court for
the district whore the Laed is located.
(j) '~'iite": The estate er interest described in Schedule A.
(k) "Unmarketable T~tie": 'Ftile affected by en alleged or apparent
matter that would permit a pmspoctive purchaser or lessee of
the Title er 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 titte.
II Page2 SeriaINo.: O-8911-584224
File No.~ ST11 11441
CONDITIONS (Continued)
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 k)ng 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 fram the Insured, or
only so icng as the Insured shall have liability by reason of warranties
in any transfer or conveyance of the T~te. This poftcy shall not
continue in force in favor of any purchaser from the Insured of either
(i) an estute 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 shaft notify the Company pramptty in writing (i) in case of
any ii§gallon as set forth in Section 5(a) of these Conditions. (ii) in
case Knowledge shall come to an Insured hereunder of any cla'~ of
title or interest that is adverse to the 'litle. as insured, and that might
cause less or damage for which the Company may be liable by virtue
of this policy, or (liO if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prcmpt notice, the Company's liability to
the insured Claimant under the policy shall be reduced to the extent
of the p~ejudice.
4. PROOF OF LOSS
In the eveet the Company is unable to determine the amount of loss
or damage, the Company may, at its ogiJon, require as a condition of
payment that the insured Ctaimant furnish a signed proof of loss.
The proof of loss must descr~se 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 extant pussibfo, the basis of
calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insored, and subject to the options
contained in Section 7 of these Conditions. the Company, at its
own cost and without unreasonabte delay, shaft provide for the
defense of an Insured in litigation in which any third pafly
asserts a claim covered by this policy adverse to the insured.
This obligation is limited to oaly those stated causes of action
allaging matters insured against by this policy. The Company
shall have the right to saiec~ 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 shaft net be
liable for and will net pay the fees of any other counsel. The
Company will not pay any fees, costs, or expanses incurred by
the Insured in the defense of those causes of action that allege
matters not insumcl against by this policy.
(b) The Company shall have the right, le addition to the options
contained in S6of~n 7 of these Conditions, at its own cost, to
institute and prosecute any action or p~coeediag or to de any
other act that in its opinion may he necessary or desirable to
estabtleh the Trile, as insured, or to i:~event or reduce loss or
damage to the Insured. The Company may take any
appmpitafo action under the terms of this policy, whether or nat
it shall be liable to the Insured. The exercise of these rights
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so dtikjendy.
(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 tinal determination by a court of
compet~ot jufisdiutfon, and it expressly reserves the dght. in its
sole discretlen, to appaai any adverse judgment or order.
6. DLrI~ OF INSURED CLAIMAN~ 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 shaft secure to the
Company the right to so prosecute or provide defense in the
action or praceeding, inclu~ng the right to use, at its option, the
name of the Insured for this purpose. Whenever requested by
the Company, the Insured, at the Company's expanse, shall
gg, e the Company all rsesonabte aid (i) in secudng evidence,
obtaining witnesses, pressuring 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 fallura of the Insured to
furnish the required cooparatlen, the Company's obtigatlens to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
Iliigation. ~ ragard to the matter or matters reduiriag such
ccoparatlen.
The Company may reasonably require the Insured Claimant to
submit to examinetfu~ under oath by any authorized
representative of the Company and to produce for examination,
inspec~on, and copying, at such reasonable itmes and places
as may be designated by the author[zed representative of the
Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, cerrespondence,
reports, e-mails, disks, tapes, and videos whether bearing a
date before or after Date of Peticy, that reasonably partaln to
the icss er damage. Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant
its permission, in writing, for any authorized mpresantative 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
canfidential by the Insured Claimant provided to the Company
pursuant to this Section shaft nat be disclosed to others unless.
in the reasonable judgment of the Company, it is necessary in
the administration of the claim. Failure of the Insored Claimant
to submit for examination under oath. produce any reasonably
requested information, or grant permission to secure reasonably
necessary infu~maticn from third pad. isa as requked in this
subsection, unless p¢ohibfted by law or gevemmental regulation,
shall torn'Jnate any Ilebiftty of the Company under this policy as
to that claim.
OPTIONS TO PAY OR OTHERWISE SET'R.E CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this ~cyI the Company shall have the
folicwing 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' fecs, arm expanses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or te.nder of payment and that the
Company is obligated to pay. Upon the exercise by the
Company of this option, all rmbiltiy and obligations of the
Company to the Ineumd under this pa~cy, other than to make
the payment required in this subsection, shall terminate,
including any liability or ob~ion to defend, prosecute, or
continue any litigation.
(b) To Pay or Othen~ise Setfte With Parties Other Than the Insured
or With the Insured Claimant,
(i) To pay or othemase 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 expanses incurred by the
Insured Claimant that were author[zed by the Company up
to the time of payment and that the Company is obtigated
to pay; or
(ii) To pay or othe~ise settle with the insured Cisimant the
loss or damage provided for under this policy, together
with any costs, attorneys' fees, and expanses incurred by
the Insured Claimant that were authorized by the Company
up to the time of payment and that the Company is
obligstdd to pay.
Upon the exerclee by the Company of either of the options
provided for in subsec~ons (b)(i) or (ii), the Company's
obligations to the Insored under this policy for the cleimed loss
or damage, other than the payments required to he made. shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation.
II Page3 Serial No.: O-8911-584224
File No.: STl1-11441
CONDITIONS (C~3ntinued)
8. DETERMINATION AND EXTENT OF LIABIUT~
This policy is a contract of indemnity against actual moneta~ loss or
damage sustair'~ud or incurred by the Insured C~mant who has
suffered loss or damage by mason of matters insured against by this
pal,~/.
(a) The extent of liabfiity of the Company for loss or damage under
this policy shall r,3t exceed the lesser of
(i) the Amount of Insurance; or
(ii} the difference between the va~e of the TAle as insured
and the value of the T'AAle sub,eot to the risk insured
against by this pallcy.
(b) If the Company pursues its dghts under Sectien 5 of these
Conditions and is unsuccessful in astablishiag the T'~le, as
insured,
(i) the Amount of Insurance shall be lec~eased by 10%, and
(ii) the Insured Claimant shall have the right to have the loss
or damage determined either as of the date the claim was
made by the insured Claimant or as of the date it is settled
and paid,
(c} In addition to the extent of liability under (a) and (b), the
Company wlil also pay those costs, attorneys' fees, and
expenses i~curred in accordance with Sections 5 and 7 of these
Conditions.
9. UMITA'RON OF EABIUTY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumb~anse, or cures the lank of a right of
access to or from the Land, or cures the clai~n of Unmarketable
Title. all as insured, in a reasanebly diligent man~r by any
method, includiag ~igatlon and the completio~ of any appeals, it
shall have fully performed its obligations wi~ mspact to that
matter and shall not be liable for any loss or damage caused to
the Insured.
(b) In the evant of any ititgatian, 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 ~ appeals, adverse to the Title, as insured.
(c) The Company shait 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
UABIUTY
Ail payments under this policy, except payments made for costs,
attorneys' fans, and expenses, shall reduce tbe Amount of Insurance
by the amount of the payment.
11. UA BILiT~ NONCU M ULATIVE
~3e Amount of Insurance shall be reduced by any amount the
Company pays under any pa~icy insuring a M~gage to which
exception is taken in Schedule B or to which the fosured has agreed,
assumed, or taken subject, or wh{ch is exanated by an Insured after
Date of Policy and which is a charge or lian on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
pallcy.
12. PAYMENT OF LOSS
When liability and the extent of Inss or damage have been definitely
fixed in accordance with these Conditions, the payment sha~ be
made within 30 days.
V
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETR.EMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subrugated and entiited to the rights
of the Insured Claimant in the Titla and all other dghts and
remedies in respect to the claim that the insured Claimant has
against any parson or property, to the extent of the amount of
any loss, costs, attorneys' tees, 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 parmit 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 dght to recover until after the
Insured Claimant sh~ have recovered its loss.
(b) The Company's dght of subrogation includes the rights of the
insured to indemnities, guaranEes, other policies of insurance,
or bends, notwithstanding any terms or conditions contained in
those instruments that address subrogation rights.
14. ARBrI~ATION
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Ruids of the Amedcen Land Titid Association
("Rules"). Except as providud in the Rules, there shall be no joiuder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to. any controversy
or claim betwes~ the Company and the Insured absing out of er
relating to this policy, any service in connection with [ts issuance or
the breach of a policy prevision, or to any other controversy er claim
arising oat of the transaction giving rise to this policy. Ail arbitrable
matters when the Amount of Insurance is $2,000.000 or less shall ha
arbitrated at the option of either the Company or the Insured. All
arbitreb{e matters when the Amount of Insurance is in excess of
$2,000.000 shall be arbitrated only wflan agre~J to by both the
Company and the Insured. Arbitration pursuant to this policy and
uedar the Rules shall be binding upon the parties. Judgment upon
the award rendered by the A~bitrator(s) may be entered in any court
of compatont jurisdiction.
15. MABILrIY LIMITED TO TI-IlS POMC¥; POUCY ENtiRE
CONTRACT
(a) This policy together with all endorsements, if any. attached to it
by the Company is the eotire policy and contract between the
insured and the Company. In inte~pratthg any provision of this
policy, this policy shall be construed as a whole.
(b) Any claim of less or damage that arises out of the status of the
Title or by any action asserting such claim shall be restricted to
this de~cy.
(c) Any amendment of or endorsement to this polE..y must be in
!edtiog and authenticated by an authorized pemon, or expressly
mcorparated 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 ~ of ~ts tem3s and
provisions. Except es the eedorsameot expressly states, it
does not (~ modify any of the terms and provisions of the policy,
(ii) modify any pdor endorsement, (iii) extend the Date of Policy.
or (iv) increase the Amount of Insurance.
16. SEVERABII.rI'Y
In the event any provision of th~s policy, in whole or in part, is held
invalid er unenforceable under applicable law, the policy shall be
deemed nut to include that provision or such par~ held to be invalid,
but all othe~ provisions shall remain in full force ~ effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law;. The Insured acio3owledges the Company has
underwritten the Hsks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
inte~eats in rea~ property and applieable to the interpreta~on,
rights, remedies, or enforeemeat of policies of title insurance of
the judsdistlen where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
judsdictian where the Land is located to determine the validity of
claims against the Title that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the court or arbitrator apply its conflicts of law principles to
determice the applicabla law.
(c) 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 America or its territories
having appropriate jurisdiction.
18. NONCES, WHERE SENT
Any notice o~ claim and any other notice or statement in writing required to
be given to the Company under this policy must be given k) the Company al
Claims Department at 300 East 42~ SL 10~ Floor, New YO~, NY 10017.
File NO.: ST11-lf441
II Parle 4 Serial No.: 0-8911-584224
ALTA OWNER'S POLICY (6/17/06)
SCHEDULE A
File No.: STl1-11441
Policy No.: O-8911-584224
Amount of
$2,535,245.60
Date of
Policy:
November 3, 2011
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this policy is:
Easement
3. Title is vested in:
Town of Southold who acquired Development Rights by Grant of Development Rights Easement by Frederick
Terry, as Trustee of The Frederick Terry Revocable Trust dated November 12, 2009 and Ethel Terry, as
Trustee of The Ethel Terry Revocable Trust dated November 12, 2009, as tenants in common dated
! 1/3/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and mede a part hereof.
Section: 019.00 Block: 01.00 Lotlgo;~08.004
ALTA OWNER'S POLICY (6/17/06)
File No.: STl1-11441
SCHEDULE A DESCRIPTION
Policy No.:
O-8911-584224
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25); said point also
being the division line between premises about to be described and land now or formerly of Latham Farms Property LP
and County of Suffolk;
RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 minutes 50 seconds
East, 50.70 feet to a point;
THENCE South 06 degrees 48 minutes 40 seconds West, 154_00 feet to a point;
THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point;
THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point;
THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert E. Weber and
Eleanor C. Weber;
THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber (Town of Southold
Development Rights) South 05 degrees 41 minutes 10 seconds West, 297.42 feet to the Irue point or place of beginning;
RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of Sonthold
Development Rights) and the State of New York the following five (5) courses and distances:
South 05 degrees 41 minutes 10 seconds West, 848.82 feet;
South 05 degrees 27 minutes 10 seconds West, 594.05 feet;
South 04 degrees 52 minutes 30 seconds West, 487.44 feet;
South 05 degrees 17 minutes 10 seconds West, 574.34 feet;
South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C. Open Space
Conservation Easement as set forth in Liber 11155 Page 454;
THENCE along said land and land now or formerly of the State of New York the following two (2) courses and
distances:
North 74 degrees 14 minutes 54 seconds West, 740.00 feet;
North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line between premises being
described and land now or formerly of Latham Farms Property LP and the County of Suffolk;
THENCE along said land the following three (3) courses and distances:
North 54 degrees 00 minutes 00 seconds East, 95.83 feet;
North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet;
North 14 degrees 44 minutes 30 seconds East, 194.53 feet to a point;
THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert E. Weber and
Eleanor C. Weber (Town of Southold Development Rights), the tree point or place of BEGINNING.
ALTA OWNER'S POLICy (6117106)
SCHEDULE B
PART I
File No.: STl1-11441 Policy No.: O-8911-584224
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. Declaration of Covenants and Restrictions in Liber 11493 Page 225.
2. Covenants and Restrictions in Liber 11621 Page 872.
3. Open Space Conservation Easement in Liber t 1155 Page 454..
4. I0' Right of Way Easement in Liber 3328 Page 93 and Liber 11155 Page 466.
5. 16' Right of Way reserved in Liber 11650 Page 587.
6. Survey Exceptions as shown on survey (covering premises and more) made by John C. Elders Land Survey, last
dated 10/31/2011 (Job No. 1000-19-1-8.4) as to Developmental Rights Easement Area only.
Northerly tine: No variations;
Easterly line: Utility poles and right of way vary with part of record line;
Southerly tine: Berm varies with record line;
Westerly line: No variations.
7. Rights of tenants or parties in possession, if any.
8. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of
last actual reading.
9. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the
grantors and the Town of Southold.
10. An agricultural exemption is shown and upon cancellation of the exemption the taxing authority may reinstate taxes
for periods prior to the date of transfer of the premises and/or prior to the date of cancellation of the exemption.
title insurance company
SURVEY EXCEPTIONS
Title No.: STl1-11441
AMENDED 11~.2/2011
Survey Exceptions as shown on survey (covering premises and more) made by Joh[l C. Ehlers Land Survey, last dated
10/31/2011 (Job No. 1000-19-1-8.4) as to Developinental Rights Easement Area only.
Northerly line: No variations;
Easterly line: Utility poles and right of way vary with part of record line;
Southerly line: Berm varies with record line;
Westerly line: No variations.
FOR INFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSES):
Survey made by John C. l~tlers Land Survey, last dated 10/31/2011 shows the following as to Developmental Rights
Easement Area only: Conservation Easement, ponds, wooded area, dirt road, edge of wetlands and berm.
NEW YORK METRO
800 853-4803
212-922-1593 fax
stewartnewyork.com
707 Westchester Ave, 4th FI
White Plains, NY 10604
300 East 42nd Street, 4th FI
New York, NY 10017
125 Baylis Road, 2nd Ff
Melville, NY 11747
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: STl1-11441 Date of Issue: November 3,2011
ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-584224
1. 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."
2. Exclusion Number 5 is deleted, aod 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 attacking between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of
the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent
a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement
controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
DATED: November3,2011
Countersigned By:
Authorized Office or Agent
STEWART TITLE
Stewart Title Insurance Company
300 East 42nd St., 10th FI
New York, New York 10017
STANDARD NEW YORK ENDORSEMENT (11/1/08)
FOR USE WITH ALTA OWNER'S POLICY {6 17-06)
CLOSING STATEMENT
FREDERICK TERRY, as Trustee of The Frederick Terry Revocable Trust dated
November 12, 2009, and ETHEL TERRY, as Trustee of The Ethel Terry
Revocable Trust dated November 12, 2009, as tenants in common
to TOWN OF SOUTHOLD
Total Development Rights Easement - 30.2372 acres
Total Parcel Acreage - 34.4387 acres
NYS DEC Open Space Conservation Easement Area = 1.6386 acres
Reserve Area - 2.5629 acres
Required Subdivision Open Space - 0.7576 acre
Premises: 32210 Main Road (NYS Route 25), Orient, New York
Parts of SCTM #1000-19.-1-8.4
Closing took place on Thursday, November 3, 2011
at 2:30 p..m., Southold Town Hall Annex
Purchase Price of $ 2,535,245.60* (based upon 29.4796 buildable acres
$86,000/buildable acre) disbursed as follows:
Payable to Frederick Terry Revocable Trust
Check #112056 (11/212011)
$ 1,267,622.80
Payable to Ethel Terry Revocable Trust
Check #112055 (111212011)
$ 1,267,622.80
*eligible for USDA-NRCS grant funding = $1,267,622.80
Expenses of Closing:
Appraisal
Payable to Lawrence Indimine Consulting Corp $
Check #108078 (11/30/2010)
Appraisal for Federal Grant Purposes
Payable to Lawrence Indimine Consulting Corp $
Check #109984 (5/10/2011)
3,600.00
3,200.00
Survey
Payable to John C. Ehlers Land Surveyor
Check #111557 (912712011)
$ 3,400.00
Environmental Report (Phase I ESA)
Payable to Cashin Technical Services Inc.
Check #110907 (81212011 )
$ 1,080.00
Title Report
Payable to Stewart Title Insurance Company
Check # 112054 (1112/2011)
Title insurance policy $ 10,129
Recording easement $ 275
Certified easement $ 50
Recording C&R's $ 175
Certified C&R's $ 50
$ 10,679.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check #112053 (111212011)
$ 100.00
Those present at Closing:
Scott A. Russell
Lisa Clare Kombrink, Esq.
Fred Terry
Ethel Terry
Marcia Z. Heifer, Esq.
Patricia Fallon
Melissa Spiro
Melanie Doroski
Stephen Searl
Southold Town Supervisor
Attorney for Town of Southold
Seller
Seller
Attorney for Sellers
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
Peconic Land Trust, Incorporated
TOWN OF SOUTHOLD
VENDOR 012328 THE FREDERICK TERRY REVOCABLE 11/02/2011 CHECK 112056
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR448 110311 50% TERRY 30.2ACR DEV 1,267,622.80
TOTAL 1,267,622.80
TOWN OF SOUTHOLD
VENDOR 012327 THE ETHEL TERRY REVOCABLE 11/02/2011 CHECK 112055
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR448 110311 50% TERRY 30.2ACR DEV 1,267,622.80
TOTAL 1,267,622.80
Lawrence Indimine Consulting Corp.
PO Box 1453
Smithtown, NY 11787
(631) 979-2735
Invoice
11/15/2010 257
Bill To
Town of Southold
Department of Land Preservation
PO Box I 179
Southold, NY 11971-0959
Description Amount
Appraisal of Real Property of Frederick Terry Revocable Trust, ct al 3,600.00
Located 32210 State Route 25, Orient, NY
SCTM 1/1000-19-I-8.4
File #10102
NOV 1 7 2010
I)EPT. OF LAND
PRESERVATION
Thank you for your business.
Total $3,600.00
TOWN OF $OUTHOLD
VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 11/30/2010 CHECK 108078
FUND & ACCOUNT P,O.~ INVOICE DESCRIPTION
E3 .8660.2,500.200 21567 257 32210 RT 25,ORIENT-TERRY
TOTAL
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
,. 4/22/2008 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 H3 .600
~ 11/30/2010 11/30/2010 H3 .600
, . 5/10/2011 5/10/2011 H3 .600
............................. Begi
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
AMOUNT
3,600.00
3,600.00
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-11302010-338 Line: 165 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 11/30/2010 SDT 11/29/10 :
F Liquid.
N BOX.
Y
11/30/2010
12/31/2OLO
F12=Cancel
3,600.00 :
32210 RT 25,ORIENT-TERRY :
011893 Pay Method: :
LAWRENCE INDIMINE CONSUL :
:
108078 SCNB :
257 :
:
21567 :
:
Addl. :
:
:
:
:
:
: Trx Amount...
: Description..
: Vendor Code..
: Vendor Name..
: Alt Vnd..
: CHECK ........
: Invoice Code.
: VOUCHER ......
: P.O. Code ....
: Project Code.
: Final Payment
: T~rpe of 1099.
: Fixed Asset..
: Date Released
: Date Cleared.
: F3=Exit
:
Lawrence Indimine Consulting Corp.
PO Box 1453
Smithtown, NY 11787
(631) 979-2735
Invoice
I Date Invoice #
4/14/2011 295
Bill To
Town of Southold
Department of Lend Preservation
PO Box 1179
Southold, NY 11971-0959
Description Amount
3,200.00
Appraisal of Real Propealy of Frederick Ten% et al
Located 32210 State Route 25, Orient, NY
SCTM #1000-19-1- past of 8.4
File #11031
APR 2 0 2011
DEPT. OF LAND
PRESERVAllON
Thank you for your business.
Total *3,200.00
TO~ OF $OUTHOLD
~NDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/10/2011 CHECK 109984
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION ~J~OUNT
H3 .8660.2.500.200 22669 295 TERRy PROP-RT 25 ORIENT 3,200.00
TOTAL 3,200.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 011893 LAWRENCE INDIMINE C
Y=Select
- JE Date Trx. Date Fund Account
,Y,
............................. Beg~
4/22/2008 4/22/2008 H3 .600
4/21/2009 4/21
3/09/2010 3/09
4/20/2010 4/20
4/20/2010 4/20
5/18/2010 5/18
11/30/2010 11/30
5/10/2oll 5/lo
/2009 H3 .600
/2010 H3 .600
/2010 H3 .600
/2010 H3 .600
f2010 H3 .600
t2010 H3 .600
t2011 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-05102011-884 Line: 151 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/10/2011 SDT 5/06/11 :
: Trx Amount... 3,200.00 :
: Description.. TERRY PROP-RT 25 ORIENT :
: Vendor Code.. 011893 Pay Method: :
: Vendor Name.. LAWRENCE INDIMINE CONSUL :
: Alt Vnd.. :
: CHECK ........ 109984 SCNB :
: Invoice Code. 295 :
: VOUCHER ...... :
: P.O. Code .... 22669 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. N BOX. 'Addl. :
: Fixed Asset.. Y :
: Date Released 5/10/2011 :
: Date Cleared. 5/31/2011 :
: F3=Exit F12=Cancel :
: :
JOHN C. EHLERS
6 Ea~ Main Street
Riverhead, NY 11901
Phone: 631-369-8288
Fax:631-369-8287
Invoice
Date Invoice #
9/12/2011 2007205
Bill To
Town of Southold
Dept. of Land Preservation
Town Hall Annex
Southold, NY 11971
Your Client
Wesnofsky
SCTM~ My Job #
1000-102-2-16
Date of Service Description Amount
9/13/2011 Current survey of properly 32210 Main Road, Orient, N,Y, 3,400.00
with reserve areas calculated and shown on the survey for
development dghts purchase
8EP 1 3 2011
PRESERVATION
Total $3,400.00
Payments Applied $o.oo
Balance Due
PLEASE MAKE CHECK OUT TO JOHN C. EHLERS:
TOWN OF $OUTHOLD
~R 005322 JOHN C. EHLERS
09/27/2011
C~ECK 111557
FUND & ACCOUNT
H3 .8660.2.600.100
GLi08S 20
P. O. g INVOICE
DESCRIPTION
22675 2007205
TERRy PROPqSURVEy-33 ACR
TOTAL
AF~UNT
3,400.00
3,400.00
TOWN OF SOUTHOLD
Disburs Inquiry by Vendor Name
View 1
Vendor..
Y=Select
** Actual Hi
005322 EHLERS/JOHN C.
JE Date Trx. Date Fund Account
......................... Use Acti
12/19
3/13
5/o8
7/03
9/11
4/08
6/03
11/18
12/16
12/15
2115
7/05'2011
9/27/2011
/2006 12/19/2006 H3
/2007 3/13/2007 H3
/2007 5/08/2007 H2
/2007 7/03/2007 H2
/2007 9/11/2007 H2
~2008 4/08/2008 H3
~2008 6/03/2008 H3
'2008 11/18/2008 H3
~2008 12/16/2008 H3
'2009 12/15/2009 H3
'2011 2/15/2011 H3
7/05/2011 H3
9/27/2011 H3
.600
.600
· 600
.600
· 600
.600
· 600
600
600
600
600
600
600
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
.............. Detail--GL100N ..............
W-09272011-262 Line: 100 Formula: 0 :
Account.. H3 .600 :
Acct Desc ACCOUNTS PAYABLE :
Trx Date ..... 9/27/2011 SDT 9/24/11 :
Trx Amount... 3,400.00 :
Description.. TERRY PROP-SURVEY-33 ACR :
Vendor Code.. 005322 Pay Method: :
Vendor Name. EHLERS/JOHN C. :
Alt Vnd.. :
CHECK ........ 111557 SCNB :
Invoice Code. 2007205 :
VOUCHER ...... :
P.O. Code .... 22675 :
Project Code. :
Final Payment F Liquid. :
Type of 1099. M BOX. 07 Addl. :
Fixed Asset.. Y :
Date Released 9/27/2011 :
Date Cleared. :
F3=Exit F12=Cancel :
:
James A. Richter
Town of Southold
Office of the Engineer
53095 Route 25
Southeld, NY 11971
June 29, 2011
Project No: 11CTS.009
Invoice No: 116
Phase I Environmental Site Assessment for property located at 32210 Main Road (NYS Route 25), Orient, NY
1000-19.~1-8.4
Professional Services from June 01. 2011 to June 30. 201'1
Fee
Total this Invoice
'1,080.00
$1,080.00
JUL
DEPT. OF LAND
P~ESERVATION
TOWN OF SOUTHOLD
003079 C;%SHIN ASSOCIATES, P.C.
08/02/2011 CHECK 110907
FUND & ACCOUNT
P. O. # IAP;O I CE
DESCRIPTION
H3 .8660.2.600.100
22676 116
PHASE 1 ESA~TERRy PROP
TOTAJ~
AMOUNT
1,080.00
1,080.00
GL108S 20 TOWN OF SOUTHOLD
View i ** Actual Hi
Vendor.. 003079 CASHIN ASSOCIATES,
Y=Select
- JE Date Trx. Date Fund Account
.Y.
............................. Begi
10/21/2008 10/21/2008 H3 .600
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-08022011-771 Line: 55 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 8/02/2011 SDT 8/02/11 :
: Trx Amount... 1,080.00 :
10/21/2008 10/21/2008 H3 .600 : Description.. PHASE I ESA-TERRY PROP :
10/06/2009 10/06/2009 H3 .600 : Vendor Code.. 003079 Pay Method: :
5/04/2010 5/04/2010 H .600 : Vendor Name.. CASHIN ASSOCIATES,
11/30/2010 11/30/2010 H .600 : Alt Vnd..
12/14/2010 12/14/2010 H .600 : CHECK ........ 110907 SCNB
1/04/2011 1/04/2011 H3 .600 : Invoice Code. 116
1/04/2011 1/04/2011 H .600 : VOUCHER ......
5/24/2011 5/24/2011 H3 .600 : P.O. Code .... 22676
5/24/2011 5/24/2011 H .600 : Project Code.
5/24/2011 5/24/2011 H .600 : Final Payment F Liquid.
5/24/2011 5/24/2011 H5 .600 : Type of 1099. N BOX.
6/21/2011 6/21/2011 H3 .600 : Fixed Asset.. Y
8/02/2011 8/02/2011 H3 .600 : Date Released 8/02/2011
: Date Cleared. 8/31/2011
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CANNOT FORWARD. END OF FILE
P.C. :
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:
_stewari
title insurance company
INVOICE
INVOICE NUMBER:
TITLE NO.: 1111441
APPLICANT/CLIENT:
LENDER'S ATTORNEY:
SELLER'S ATTORNEY:
PROPERTY ADDRESS:
District: 1000
8675
Twomey, Latham, Shea, Kelly,
Dubin & Quartararo, LLP
N/A
Esseks, Hefler & Angel, LLP
32210 Main Road (NYS Rt 25)
Orient NY
Section: 019.00 Block: 01.00 Lot: 008.004
DATE: 11/1/2011
TITLE CLOSER: Fallon, Pat
CLOSING DATE/TIME: 1 I/3/2011 1:30 PM
CLOSING LOCATION: Town of Sonthold Annex - Land
Preservation
54375 State Route 25
Southold NY 11971
631-765-6640
TRANSACTION TYPE: Easement
SALES PRICE: $2,535,245.60
COUNTY: Suffolk
PROP TYPE: Commercial
PURCHASER/BORROWER: Town of Southold
SELLER (S): Frederick Terry Revocable Trast
Ethel Terry Revocable Trust
PREMIUM:
Fee Insurance (Liability Amoum: $2,535~245.60) $10~129.00 $10~129.00
ENDORSEMENTS:
~EARCH FEES:
RECORDING FEES:
Agreement(s) $50.00 $50.00
Certified Coov of Covenant & Restriction (Post Closings)
Agreement(s) $50.00 $50.00
Certified Coov of Easement(Post Closing)
Agreement(s) $175.00 $175.00
Covenant & Restrictions
Agreement(s) $275.00 $275.00
Easement Amreement & TP-584
TAXES: (TRANSFER/MANSION/MORTGAGE)
NYS Transfer Tax (usually paid by seller) ($10,142.00)
Exemut-See TP-584
Peconic Bay Regional Town Transfer Tax ($49,204.91)
Exemut-See Peconic Bay Form
ADDITIONAL:
SUBTOTAL: $10,679.00 $10,679.00 $0.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $10,679.00 $10,679.00 $0.00 $0.00
DIRECT CHECKS
AMOUNT: ST1C CHECKS: AMOUNT:
*Taxable at 8.625%.
NEW YORK METRO
800-853-4803
212-922-1593 fax
Stewartnewyork,com
707 Westchester Ave, 4th FI
White Plains, NY 10604
300 East 42nd Street, 10th Floor
New York, NY 10017
Page I of 2
150 Broadhollow Road, Suite 217
Melville, NY 11747
TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 11/02/2011 CHECK 112054
FUND & ACCOUNT P.O. ~ INVOICE DESCRIPTION[ AMOUNT
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
TBR448 STl1-11441
TBR448 STl1-11441
TBR448 STl1-11441
TBR448 STl1-11441
TBR448 STll-ll4~
TERRY-TITLE INS.POLICY 10,129.00
TERRY-RECORD.EASEMENT 275.00
TERRY-CERT.COPY OF ESMNT 50.00
TERRY-RECORDING C&R'S 175.00
TERRY-CERT.COPY OF C&R'S 50.00
TOTAL 10,679.00
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 11/02/2011 CHECK 112053
FUND & ACCOUNT P.O,~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR448 STl1-11441 TITLE CLOSER ATTEND FEE 100.00
TOTAL 100.00
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa, spiro~town.southold.ny.us
Telephone (63 l) 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:
From:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Melissa Spire, Land Preservation Coordinator
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
Date: November 4, 2011
Re:
TERRY to TOWN OF SOUTHOLD
Part of SCTM #1000-19.-1-8.4
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:
SCTM #:
PROPERTY OWNERS:
CONTACT DATE:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCEL ACREAGE:
EASEMENT ACREAGE:
RESERVE AREA:
ZONING:
FUNDING:
GRANT FUNDING:
MISCELLANEOUS:
32210 Main Rd (NYS Rt 25), Orient
part of 1000-19.- 1-8.4
The Frederick Terry Revocable Trust and The Ethel Terry
Revocable Trust
June 8, 2011
November 3, 2011
$ 2,535,245.60 (based on 29.4796 buildable acres @
$86,000/buildable acre)
34.4387 acres
30.2372 acres (includes 0.7576 acre required subdivision open
space not included in purchase price)
2.5629 acres
R-80 and R-200
CPF 2% Land Bank
USDA-NRCS (50% of purchase price - $1,267,622.80)
Easement includes a designated Agricultural Structure Area and
a 2% lot coverage limit for any future agricultural structures