HomeMy WebLinkAboutPindar Vineyards LLC 1000-108.-4-1.4 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
February 23, 2012
PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD
Development Rights Easement - 20.0 acres
SCTM #: 1000-108.-4-t.4
Location: 18625 Main Road (NYS Rt 25), Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following documents:
· Original Grant of Development Rights Easement dated December 19, 2011, between
Pindar Vineyards LLC and the Town of Southold, recorded in the Suffolk County Clerk's
office on 1/25/2012, in Liber D00012683 at Page 180
· Original Declaration of Covenants and Restrictions dated December 19, 2011, between
Pindar Vineyards LLC and the Town of Southold, recorded in the Suffolk County Clerk's
office on 1/25/2012, in Liber D00012683, Page 181
· Title insurance policy #O-8911-584295 issued by Stewart Title Insurance Company on
December 19, 2011, in the insured amount of $1,220,000.00 (flUe #ST11-12359)
· Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement & C&R's
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: EASEMENT
Number of Pages: 25
Receipt Number : 12-0009057
TRANSFER TAX NUMBER: 11-12687
District:
1000
Deed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
108.00 04.00
EXAMINED AND CHARGED AS FOLLOWS
$!,220,000.00
01/25/2012
03:45:29 PM
D00012683
180
Lot:
001.004
Received the Following Fees For Above
Exempt
Instrument
Page/Filing $125.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $31.25 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER: 11-12687
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
$231.25
JUDITH A. PASCALE
County Clerk, Suffolk County
Nurgber of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed / Mortgage Instmment
31
Deed / Mortgage Tax Stamp
FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.ET.S.A.
Comm. of Ed.
Affidavit / ¥ ~ ,,
Certified Copy
NYS Surcharge
Other
20. 00
5. 00
4 IDist.,,, l;
Real Property
Tax Service ~.,124AN_12.//
Agency '
Verification
15. 00
Sub Total
Sub Total ,
Grand Total ~ %* ~ , Dd, .~x
1000 10800 0400 001004 t
6
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
~ocz~i ~ 71~'7 /
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
RECORDED
2012 J.~r~ 25 03:45:29
· JUDITH ~, P~SC~LE
CLERi: OK
SUFF',;iL~ COUI4T'/
h [:000 J. 2~,;:;~
F, i%0
£:,T:~ .ti- i2E, E',?
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.
l -'lt
Community Preservation Fund
Consideration Amount $ I.ddO,()O0
CPF Tax Due $
Improved
Vacant Land
TD
TD
TD
7 I Title Company Information
Co. Nam~
Suffolk County Recording & Endorsement Page
This page forms part of the attached ~£~m7-~ a ~ f)t3/,szot°,,'~O./r ,~$~4.r~ ,~..¢ r made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
'~t4tCt ~ ~'d~tT-/.~,~ In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January l0th and on or before May 31't.
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
Farming~ille, 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
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the t~/~L- day of December, 2011 at Southold, New York. The parties
are PINDAR VINEYARDS, LLC, Dr. Herodotus Damianos, as Managing
Member, 591A Bicycle Path, Port Jefferson Station, New York 11776
(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").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000~108-4-1.1 more fully described in
SCHEDULE "A' attached hereto and made a part hereof and
hereinafter referred to as the "Property" and shown on the survey
prepared by John C. Ehlers Land Surveyor on November 1, 2011, last
revised November 21, 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 A-C and R-40 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 Soil Conservation Service's Soil Survey of
Suffolk County, New York; and
WHEREAS, the Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property is currently used for row 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 substantial
development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantor, for itself and its successors and
assigns, to grant a Development Rights Easement to Grantee in order
to restrict the further development of the Property while permitting
compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLION TWO
HUNDRED TWENTY THOUSAND and 00/100 DOLLARS
($1,220,000.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor
does hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be 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 HAVE AND TO HOLD said Development Rights Easement and
the rights and interests in connection with it and as hereinafter set
forth with respect to the Property unto the Grantee, its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantor, its legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restriction hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for 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
mod~gages or liens, as set forth in Stewart Title Insurance Company
Title Report No. ST 11-:[2359 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
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values by limiting nonagricultural uses of the
Property. This instrument is intended to convey a Development Rights
Easement on the Property by Grantor to Grantee, exclusively for the
purpose of preserving its character in perpetuity for its environmental,
scenic, agricultural and natural values by preventing the use or
development of the Property for any purpose or in any manner
contrary to the provisions hereof, in furtherance of federal, New York
State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the ]~nternal Revenue Code ("iRC") and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying
and documenting the Property's agricultural values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and
activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantor's cooperation, an
inventory of the Property's relevant features and conditions (the
"Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey dated November 1, 2011 last revised
November 21, 2011 prepared by lohn C. Ehlers Land Surveyor and a
Phase I Environmental Site Assessment dated October 25, 2011
prepared by Nelson, Pope and Voorhis, LLC.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantor's uses of the Property or its physical condition as of the date
hereof, the parties shall not be foreclosed from utilizing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist in the resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained in this
Development Rights Easement, the parties agree upon its provisions,
intending to be bound by it.
4
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
said Chapter 70 may be amended, and including the production of
crops, livestock and livestock products as defined in Section
301(2)(a)-(j) of the New York State Agriculture and Markets Law
("Agriculture and Markets Law"). No future restrictions in said laws
and/or Code or limitation in the definitions set forth in said laws and/or
Code shall preclude a use that is permitted under the current law
and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include trellis, posts and wiring, farm
irrigation systems, nursery mats, or fencing necessary for agricultural
operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
5
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 remain as a good and valid easement,
separate and apart from any other interest of the Grantee, and is to
remain and continue as an existing and enforceable easement, and
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 ONE MILLION TWO HUNDRED TWENTY
THOUSAND and 00/100 DOLLARS ($1,220,000.00) and such other
good and valuable consideration, hereby grants, releases, and conveys
to Grantee this Easement, in perpetuity, together with all rights to
enforce it. Grantee hereby accepts this Easement in perpetuity, and
undertakes to enforce it against Grantor.
ARTICLE THREE
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:
6
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 Sections 1.02 and 4.06 of this
Easement.
3.02 Excavation and Removal of Materials; Mininq
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 of
erosion control and soil management only with the prior written
approval of Grantee. Any agricultural production activities as defined
herein and determined to be acceptable agricultural practice in
accordance with a Natural Resources Conservation Plan (NRCS) farm
management plan shall not be prohibited. The Land Preservation
Committee has the right to require a NRCS plan for the property prior
to the removal of topsoil based upon the extent and type of removal of
topsoil.
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 nor derogate from the purpose of this Easement or
other applicable law.
3.04 Dumpinq
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 Siqns
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 {}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 said 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 Natural Resources
Conservation Service ("NRCS").
3.09 Drainage
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and in order to control flooding or soil erosion
on the Property.
3.10 Development Riqhts
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited. Grantor
9
hereby grants to Grantee all existing development rights (and any
further development rights that may be created through a rezoning of
the Property) on the Property, except for the right to construct,
maintain and replace any pre-existing structures, and to construct new
structures, as such rights may be provided in Section 4.06, and the
parties agree that any other such development rights shall be
terminated and extinguished and may not be used or transferred to
any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain
all other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
4.02 Possession
Grantor shall continue to have the right to exclusive possession
of the Property.
4.03 Use
Grantor shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement, as well as applicable local, State, or federal law. Grantor
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or in the future, on
agricultural lands protected by a development rights easement or
other instrument, including, but not limited to farmstands and for
educational or training programs related to agricultural production or
activities. Grantor shall also have the right to use the Property for
access from the Reserve Area shown on the Survey to the IVlain Road/
State Route 25.
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.
10
These uses shall not be offered or provided for the 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
IVlunicipal Law and/or defined in Chapter 70 of the Town Code, now, or
as said 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. No future restriction in said laws and/or
Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or
Code.
Grantor may offer "U-Pick" operations and/or the use of a corn
maze to the general public, provided that 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 Section 4.06 herein and as
permitted by the Town Code now or in the future on agricultural lands
protected by a development rights easement or other instrument,
including but not limited to farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following improvements on the Property, as
may be permitted by the Town Code and subject to the approval of the
Town of $outhold Land Preservation Committee, provided the
improvements are consistent with and do not derogate from or defeat
the Purpose of this Easement or other applicable laws:
Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
New construction, including drainage improvement
structures, provided such structures are necessary
for or accessory to agricultural production;
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv)
Notwithstanding anything to the contrary contained
in this Easement, lot coverage shall be limited to
twenty (20) percent.
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
12
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location, subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of
its remaining interest in the Property but only subject to this
Easement. Grantor shall promptly notify Grantee of any conveyance
of any interest in the Property, including the full name and mailing
address of any transferee, and, 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, and that the
provisions hereof shall not affect Grantee's right hereunder or the
validity of this Easement.
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
13
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, including any taxes or levies imposed to make
those payments, subject, however, to Grantor's right to grieve or
contest such assessment. The failure of Grantor to pay all such taxes,
levies and assessments and other governmental or municipal charges
shall not cause an alienation of any rights or interests acquired herein
by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, expenses, charges or liens
to Grantee or any of its officers, employees, agents or independent
contractors, all of which shall be reasonable in amount, arising from
injury due to the physical maintenance or condition of the Property
caused by Grantor's actions or inactions, or from any taxes, levies or
assessments upon it or resulting from this Easement, all of which shall
be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, or expenses, charges or
liens to Grantee or any of its officers, employees, agents or
independent contractors, all of which shall be reasonable in amount,
resulting: (a) from injury to persons or damages to property arising
from any activity on the Property; and (b) from actions or claims of
any nature by third parties arising out of the entering into or exercise
of rights under this Easement, excepting any of those matters arising
solely from the acts of Grantee, its officers, employees, agents, or
independent contractors.
5.04 Abandonment of Agricultural Use
If Grantor leaves the Property open and follow and does not
engage in agricultural production for two (2) consecutive years, then
Grantor shall implement an NRCS Plan (the "Plan") approved by the
Land Preservation Committee. Grantor shall provide Grantee
reasonable opportunity to initiate agricultural production or prepare
the Property for agricultural production. Following the failure by the
]4
Grantee to reasonably comply after the completion of one growing
season, Grantee shall have the right to enter the Property and restore,
prepare and maintain the Property for future commercial agricultural
use in order to protect the environmental, natural, scenic and
agricultural values of the Property and to insure the Property remains
viable for agricultural production. In the event Grantor fails to comply
with the provisions of this section after the completion of one growing
season, then, in addition to all other remedies set forth herein,
Grantee or its agents are hereby authorized to enter upon the Property
to implement the Plan, and to recover the costs of such
implementation from Grantor, as provided in Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at
reasonable times, upon prior notice to Grantor, and in a manner that
will not interfere with Grantor's quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee
shall not have the right to enter upon the Property for any other
purposes, except as provided in Section 5.04 and 6.03, or to permit
access upon the Property by the public.
6.02 Restoration
In addition to Grantee's remedies under Section 5.04, Grantee
shall have the right to require the Grantor to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantor shall not be liable for any changes to the
Property resulting from causes beyond the Grantor's control, including,
without limitation, fire, flood, storm, earth movement, wind, weather
or from any prudent action taken by the Grantor under emergency
conditions to prevent, abate, or mitigate significant injury to persons
or to the Property or crops, livestock or livestock products resulting
from such causes.
1S
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
part to be observed or performed pursuant to this Easement is not
cured by Grantor within ten (10) days' notice thereof by Grantee
(which notice requirement is expressly waived by Grantor with respect
to any such breach, default or violation which, in Grantee's reasonable
judgment, requires immediate action to preserve and protect any of
the agricultural values or otherwise to further the purposes of this
Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election:
(i)
To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii)
To enter upon the Property and exercise reasonable efforts
to terminate or cure such breach, default or violation
and/or to cause the restoration of that portion of the
Property affected by such breach, default or violation to
the condition that existed prior thereto, or
To enforce any term provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
Grantor shall pay either directly or by reimbursement to
Grantee, all reasonable attorneys' fees, court costs and other expenses
incurred by Grantee (herein called "Legal Expenses") in connection
with any proceedings under this Section, as approved by the Court.
The cure period in this Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within ten (10) days.
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. 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 ARTTCLE
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, a court with
jurisdiction may, if it determines that conditions surrounding the
Property have changed so much that it becomes impossible to fulfill
the Purpose of this Easement described in Section 0.03, extinguish or
modify this Easement in accordance with applicable law. The mere
cessation of farming on the Property shall not be construed to be
grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect
to the Property, or portions thereof so taken or condemned, and the
Property shall not be subject to the limitations and restrictions of this
Easement. In such event, the Grantor, its successors or assigns, shall
not be required to pay any penalties, but the value of the Property
l?
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 its
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as
a conservation easement in perpetuity under 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. 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, 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.
]8
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.
In addition to the limitations set forth above, Grantee shall have
the right to transfer all or part of this Easement to any public agency,
or private non-governmental organization, that at the time of transfer
is a "qualified organization" under §170(h) of the Internal Revenue
Code, provided that transferee expressly agrees to assume the
responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner. 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.
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 New York shall govern this Easement in all respects,
including validity, construction, interpretation, breach, violation and
performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shall be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate
its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the Property. Grantee may use images
of the Property only for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 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.
2O
7.:~0 Headinqs
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, 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 18, 2011 (valuation date 4/12/11). The Proportionate
Share is 64%. 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).
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Deed of Easement on the day
and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
PINDAR VI~/~, Grantor
BY:
Dr. Herodotus Damianos, Managing Member
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
S A. Russell, Supervisor
2]
State of New York )
County of ~?/~L~ ) SS:
On the /~ day of December in the year 2011 before me, the undersigned, personally
appeared Dr. Herodotus Damianos, personally known to me or proved to me on the
basis of satisfactory evidence to be the individual (s) whose name (s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity (ies), and that by his/her/their signature(s)
on the instrument, the individual(s), or the person upon behalf of which the
individual(s) acted, executed the instrument.
Signature/office of individual taking acknowledgement
PATRIOIA/. FALLON
State of New York ) Notsry Public, 8rate Of New'tort(
No. 01FA4950146
County of Suffolk ) ss: Qualifisd In Suffolk County
Commission Expires April 24, ~.,~t.~
On this /~ day of December in the year 201] before me, the undersigned,
personally appeared Scott A. Russell, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(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.
Signature/office of individual taking acknowledgement
PATRICIA L. FALLON
Notary Public, State Of New Yort(
No. 01 FA4950146
Oua[ified In Suffolk County ..
Commission Expires April 24~ ¢,~ i~.,~
22
$URVFT OF PROPERTY
$1TUATE~ I"dATTITUC, K-. i
TOP'IN OF $OUTHOLD
5UPPOLK--. COUNTY, NY
5U~¥EyEiD NOV I, 2011
p.F¥15EiD NO,/ 17, 2011
SCHEDULEA
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of
Southol& County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is
intersected by the southwest coruer of land of New York State (Recharge Area) and thc southeast
corner of the Reserve Area described herein; said point being also distant 1,190:: feet westerly as
measured along the northerly side of Main Road (State Route 25) from the comer formed by the
intersection of the westerly side of Elijah's Lane with the northerly side of Main Road (State
Route 25);
RUNNING THENCE along the northerly side of Main Road (State Route 25) South 76 degrees
45 minutes 37 seconds West, 244.00 feet to the division line between Reserve Area and land now
or formerly of Edward F. Rutkoski;
THENCE along said land and along land now or formerly of Henry Rutkoski and Helen
Rutkoski the following two (2) courses and distances:
1. North 34 degrees 24 minutes 53 seconds West
2. North 36 degrees 09 minutes 45 seconds West
BEG1NNrNG.
325.OO feet;
212.49 feet to the true point or place of
THENCE along the division line between Development Rights Easement Area to bc described
and land now or formerly of Hem.w Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45
seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road;
THENCE along said land North 46 degrees 14 minutes 21 seconds East, 336.89 feet to a rail
road monument and land shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as
Map No. 9913;
THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2, filed
10/8/1996 as Map No. 9912 the following six (6) courses and distances:
I. South 40 degrees 09 minutes 50 seconds East
2. South 36 degrees 31 minutes 50 seconds East
3. South 34 degrees 42 minutes 50 seconds East
4. South 38 degrees 31 minutes 50 seconds East
5. South 37 degrees 02 minutes 50 seconds East
6. South 37 degrees 36 minutes 50 seconds East
140.51 feet;
423.50 feet;
492.4O feet;
643.6O feet;
566.37 feet;
230.27 feet to a point;
THENCE South 52 degrees 23 minutes 05 seconds West, 375.31 feet to the true point or place of
BEGINNING.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION
Number of Pages: 7
Receipt Number : 12-0009057
District:
1000
Recorded:
At:
01/25/2012
03:45:29 PM
Page/Filing
COE
TP-584
Cert. Copies
LIBER: D00012683
PAGE: 181
Section: Block: Lot:
108.00 04.00 001.003
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
$35.00 NO Handling $20.00 NO
$5.00 NO NYS SRCHG $15.00 NO
$0.00 NO Notation $0.00 NO
$0.00 NO RPT $50.00 NO
Fees Paid $125.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
31
20i2 J.sn 25 05:45:29 F't't
.JUDZTH R, PASL-:FILE
CLERK OF
SUFFOLK
L
P i Oi
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps
FEES
Page / Filing Fee
Handling
TP-584
Notation
EA-52 17 (County)
EA-5217 (State)
R.P.T.S.A.
Comm. of Ed.
Affidavit
Certified Copy
NYS Surcharge
Other
20. 00
Sub Total
5. O0
is. oo
Sub Total
Grand Total
[ zooo zosoo 0400 oozoo3 ~
4 Dist?~ ~.ooo loeoo 0400 00~.004 )
Real opert, (R
Tax Service ~J2~AN-I~
Agency ,~ C¢
Verification
6
8
Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD & RETURN TO:
Mail to: Judith A. Pascale, Suffolk County Clerk
310 Center Drive, Riverhead, NY 11901
www. suffolkcountyny, gov/clerk
jg.lName
Title #
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.
Community Preservation Fund
Consideration Amount $
CPF Tax Due $
Improved
Vacant Land
TD
TD
TD
Title Company Information
,rT?/-
Suffolk County Recording & Endorsement Page
Thispage formspartoftheattached ~l~-c-z-.0£8'77o~0 or ~-dV~-~N~ 8-/ro ~:r'~/~7 ~a[? madeby:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of ~'6t4 r~.¢o,,.~
'~WA] t3r"' ~V~ In the VILLAGE
or HAMLET of ~ / / 1 ~
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12.0104 lO/08kk (over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January l0th and on or before May 31st.
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
Farmingvflle, 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
DECLARAT~'ON OF COVENANTS AND RESTR]CTI'ONS
THIS DECLARATION, made as of this/~¢Lday of December, 2011, by
P][NDAR VINEYARDS LLC, Herodotus Damianos, Managing Member, 591A Bicycle
Path, Port Jefferson Station, New York 11776 hereinafter referred to as the
"DECLARANT"; as owner of the premises designated as SCTM #1000-108-4-1.1 and
shown on a survey prepared by John C. Ehlers Land Surveyor dated November 1,
2011 and last revised November 21, 2011, described in the metes and bounds
description attached as Schedule "A", and portions of which are separately described
as the "Reserve Parcel" in the metes and bounds description attached as Schedule
"B" and the "Development Rights Easement Area" described in the metes and
bounds descriptions attached as Schedule "C", all of which are made a part hereof.
W[TNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at
18625 (Route 25), Mattituck, New York, 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 (the "Town")
a Grant of Development Rights Easement dated December 19, 2011 over a part of
SCTM #1000-108-4-1.1, designated as the "Development Rights Easement Area";
and
WHEREAS, another portion of SCTM #1000-108-4-1.1 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 and the Town Board recognize 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") 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 a 25' wide right of way for 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
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.
Notwithstanding the above, no amendment, modification or other change shall be
granted to permit the construction or creation of more than one single-family
dwelling on the Reserve Area.
TN WITNESS WHEREOF, the DECLARANT above named, has duly executed
the foregoing Declaration the day and year first above written.
DECLARANT:
PINDAR VINEYARDS,/L~-
By:
Herodotus Damianos, Managing Member
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the /~ day of December in the year 2011 before me, the undersigned,
personally appeared Herodotus Damianos, 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 December, 2011
Notary Public
PATR1CIA L. FALLON
Nofary Public, State 0 New¥Od(
No. 0!FA4950146
Commission Expires April 24, ~/~('
3
SCHEDULE A
COMPOSITE DESCRIPTION
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows;
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is
intersected by the southwest corner of land of New York State (Recharge Area) and the southeast corner
of the premises about to be described herein; said point being also distant 1,190--. feet westerly as
measured along the northerly side of Main Road from the corner formed by the intersection of the
westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25);
RUNNING THENCE from said point or place of beginning along the northerly side of Main Road
(State Route 25) South 76 degrees 45 minutes 37 seconds West, 244.00 feet to land now or formerly of
Edward F. Rutkoski;
THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the
following two (2) courses and distances:
h North 34 degrees 24 minutes 53 seconds West, 325.00 feet;
2. North 36 degrees 09 minutes 45 seconds West, 2,672.93 feet to land now or formerly of the Long
Island Rail Road;
THENCE along said land North 46 degrees 14 minutes 21 seconds East, 336.89 feet to a rail road
monument and land shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as Map No. 9913;
THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2, filed 10/8/1996 as
Map No. 9912 the following eight (8) courses and distances:
h South 40 degrees 09
2. South 36 degrees 31
3. South 34 degrees 42
4. South 38 degrees 31
5. South 37 degrees 02
6. South 37 degrees 36
7. South 36 degrees 32
8. South 38 degrees 30
(Recharge Area);
minutes 50 seconds East, 140.51 feet;
minutes 50 seconds East
minutes 50 seconds East
minutes 50 seconds East
minutes 50 seconds East
minutes 50 seconds East
minutes 50 seconds East
minutes 50 seconds East
423.50 feet;
492.40 feet;
643.60 feet;
566.37 feet;
297.63 feet;
162.95 feet;
101.20 feet to land now or formerly of New York State
THENCE along said land the following two (2) courses and distances:
h South 51 degrees 30 minutes 17 seconds West, 170.98 feet;
2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road (State
Route 25), the point or place of BEGINNING.
SCHEDULE B
RESERVE AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows;
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is
intersected by the southwest corner of land of New York State (Recharge Area) and the southeast corner
of the premises about to be described herein; said point being also distant 1,190± feet westerly as
measured along the northerly side of Main Road from the corner formed by the intersection of the
westerly side of Elijah's Lane with the northerly side of Main Road (State Route 25);
RUNNING THENCE from said point or place of beginning along the northerly side of Main Road
(State Route 25) South 76 degrees 45 minutes 37 seconds West, 244.00 feet to land now or formerly of
Edward F. Rutkoski;
THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the
following two (2) courses and distances:
1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet;
2. North 36 degrees 09 minutes 45 seconds West, 212.49 feet;
THENCE North 52 degrees 23 minutes 05 seconds East, 375.31 feet to land shown on Map of Elijah's
Lane Estates, Section 2, filed 10/8/1996 as Map No. 9912;
THENCE along said land the following three (3) courses and distances:
I. South 37 degrees 36 minutes 50 seconds East, 67.36 feet;
2. South 36 degrees 32 minutes 50 seconds East, 162.95 feet;
3. South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State
(Recharge Area);
THENCE along said land the following two (2) courses and distances:
1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet;
2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road (State
Route 25), the point or place of BEGINNING.
2
SCHEDULE C
DEVELOPMENT RIGHTS EASEMENT AREA
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituek, Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is
intersected by the southwest comer of land of New York State (Recharge Ama) and the southeast
comer of the Resm~¢¢ Area described herein; said point being also distant 1,190:i_ feet westerly as
measured along the northerly side of Main Road (State Route 25) from the comer formed by the
intersection of the westerly side of El ij ah's Lane with the northerly side of Main Road (State
Route 25 I;
RUNNING THENCE along the northerly side of Main Road (State Route 25) South 76 dcgrccs
45 minutes 37 seconds West, 244.00 feet to the division line between Rcscrvc Arca and land now
or tbrmerly of Edward F. Rutkoski;
THENCE along said land and along land now or formerly of Henry Rutkoski and Helen
Rutkoski the following two (2) courses and distances:
1. North 34 degrees 24 nfinutes 53 seconds West, 325.00 feet;
2. North 36 degrees 09 minutes 45 seconds West, 212.49 feet to the true point or place of
BEGINNiNG.
THENCE along the division linc bet~veen Development Rights Easement Area to be described
and land now or formerly of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45
seconds West, 2,460.44 feet to land now or formerly of the Long Island Rail Road;
THENCE along said land North 46 degrees 14 minutes 21 seconds East, 336.89 feet to a rail
road monument and land shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as
Map No. 9913:
THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2, filed
10/8/1996 as Map No. 9912 the following six (6) courses and distances:
1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet;
2. South 36 degrees 31 minutes 50 seconds East, 423.50 feet;
3. South 34 degrees 42 minutes 50 seconds East, 492.40 feet;
4. South 38 degrees 31 minutes 50 seconds East, 643.60 feet;
5. South 37 degrees 02 minutes 50 seconds East, 566.37 feet;
6. South 37 degrees 36 minutes 50 seconds East, 230.27 feet to a point;
THENCE South 52 dcgrccs 23 minutcs 05 seconds West, 375.31 fcct to thc tmc point or place of
BEGINNING.
ALTA Owner's Policy (6 '17 06)
POLICY OF TITLE INSURANCE ISSUED BY
title insurance company
Any notice of claim and any other notice or statement in wdting 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 ~oss or damage, not exceeding the Amount of Insurance, Sustained or
incurred by the insured by reason of:
1. Title being vested other than as stated in Schedule A.
2 Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation;
(ii) failure of any person or Entity to have autbedzed a transfer or conveyance;
(iii)a document affecting Tide not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document executed under a falsified, expired, or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law; or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located
on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land
3. Unmarketable Title.
4. No right 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 land; or
(d) environmental protection
if a notice, describing any par~ of the Land, is recorded in the Public Records setting fotth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6 An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement
action, describing any pad 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 port of the Land, is recorded in the Public Records.
8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned:
Stewart Title Insurance Company
New York, New York
File No: STl1-12359
COVERED RISKS (Continued)
9. Titla being vested other than as stated in Schedule A or being defective (i) to be timely, or
(a) as a rasalt of the avoidance in whale or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor
title to ar any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Titla or other matter included
vesting Titia as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has
constituted a fraudulent o~ preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy
bankruptcy, state insolvency, or similar creditors' dghts la~s; or and pdor to the recording of the deed or other instrument of transfer in the
(b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A.
Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in
bankruptcy, state insolvency, or similar creditors' gghts 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, (b) not Kce~ to the Company, not recorded in the Public Records at
and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy, but Known to the Insured Claimant and not disclosed
expenses that arise by reason of: in writing to the Company by the Insured Claimant pedr to the date
1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Cla~ant became an Insured under this policy;
these relating to building and zoning) restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant;
relating to (d) at[aching or created subsequent to Date of Policy {however, this
(i) the occuparcy, use, or enjoyment of the Land; does not modify or limit the coverage provided unde¢ Covered Risk
(ii) the character, dimensions, or location of any improvement 9 and 10); or
erected on the Land; (c) resulting in loss or damage that would not have been sustained if
(iii) the subdivision of land; or the Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state
or the effec~ of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' dghts laws, that the transection vesting
regalatlons This Exclusion 1 (a) does not modify or limit the coverage provided the T~tio as show~ in Schedule A, is
under Covered Risk 5. (a) a fraudulent conveyance or fraudu~nt transfer; or
(b) Any governmental police power. This Exclusion l(b) does not (b) a preferential transfer for any reacon nat atated th Covered Risk 9 of
modify or limit the coverage provided under Covered Risk 6. this policy.
2. 2 Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy
3. Defects, liens, encumbrances, adverse claims, or other matters and the date of recording of the deed or other instrument of transfer in the
(a) created, suffered, assumed, or agreed to by the Insured Clalmart; Public Records that vests Title as shown in Schedule A.
CONDITIONS
DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of insurance": The amount stated in Schedule A, as
may be increased or decreased by endorsement to this policy,
increased by Section 8(b), or decreased by Sections tO 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 legal entity
(d) "Insured": The Insured named in Schedale A.
{i) The term "Insured" also includes
(A) sucsessers to the Title of the Insured by oporet~on 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 thsured by its conversion to another
kind of Entity;
(D) a grantee of an insured under a deed delivered
without payment of actual valuable consideration
conveying the Title
(1) if the stock, shares, memberships, or other eduity
interests of the grantee are wholly-owned by the
named Insured,
{2) if the grantee wholly ow~s the named Insured,
(3) if the grantee is wholly-ov~ed by an afflii~ed
Entity of the named Insured, provided the affiliated
Entity and the named Insured are both wholly-owned
by the same person or Entity, or
(4) if the grantee is a trustee or beneficiary of a trust
created by a written instrument established by the
Insured named in Schedule A for estate planning
purposes.
(ii) With regard to (A), (B), (C), and (D) reserving, however, all
rights and defenses as to any successor that the Company
wceld have had against any predecessor Insured,
(e) "insured Claimant": An Insured claiming loss or damage,
(0 "Knowledge" ar "Known": Actual knowledge, not constructive
knowledge or notice that may be imputed to an Insured by
reason of the Public Records or any other records that impart
constructive notice of matters affecting the Title,
(g) "Land": The land besedbed in Schedule A, and affixed
improvements that by law constitute real property. The term
"Land" does not include any property beyond the lines of the
area described in Schedule A, nor any right, title, interest,
estate, or easement in abutting streets, roads, avenues, alleys,
lanes, ways, or waterways, bet this does not modify or limit the
extent that a dght of access to and from the Land is insured by
this policy,
(h) "Mortgage": Mortgage, deed of trust, trust deed, or other
security instrument, including one evidenced by electronic
means authorized by law.
(i) "Public Records": Records established under state statutes at
Date of Policy for the purpsee of impardeg 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 include environmental protection liens filed
in the records of the clerk of the United States District Court for
the district where the Land is located.
(j) "Title": The estate or interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent
matter that would permit a prospective purchaser or lessee of
the Title or lender on the Title to be released from the obligation
to purchase, lease, or lend if there is a contractoaJ condition
requiring the delivery of marketable title.
II Parle 2 Serial No.: 0-8911584295
File No: S~-11-12359
CONDITIONS (Continued)
CONTINUA'nON OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy
in favor of an Insured, but only so long as the Insured retains an
estate or interest in the Land, or holds an obligation secured by a
purchase money Mortgage given by a purchaser from the Insured, or
only so long as the Insured shait have liability by reason of warranties
in any transfer or conveyance of the Title This policy shall not
continue in force in favor of any purchaser from the Insured of either
(i) an estate or interest in the Laed, or (ii) an obligation secured by a
purchase money Mortgage given to the Insured.
NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in ~w~ing (i) in case of
any litigation as sat forth in Section 5(a) of these Conditions, {ii) in
case Knowledge shall came to an Insured hereunder of any claim of
title or interest that is adverse to the Title, as insured, and that might
cause loss or damage for which the Company may be liable by virtue
of tbls policy, or (iii) if the Title, as insured, is rejected as
Unmarketable Title. If the Company is prejudiced by the failure of the
Insured Claimant to provide prompt notice, the Company's liability to
the Insured Claimant under the policy shall be reduced to the extent
of the prejudice
PROOF OF LOSS
In the event the Company is unable to de[ermine the amount of loss
or damage, the Company may, at its option, require as a condition of
payment that the Insured Claimant furnish a signed proof of loss
The proof of loss must describe the defect, lien, encumbrance, or
other matter insured against by this policy that constitutes the basis
of loss or damage and shall state, to the extant possible, the basis of
calculating the amount of the loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured, and subject to the options
contained in Section 7 of these Conditions, the Company, at its
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party
asserts a claim covered by this policy adverse to the insured.
This obligation is lirniteq to only these stated causes of action
alleging matters insured against by this policy. The Company
shall have the right to select counsel of its choice (subject to the
right of the Insured to object for reasonable cause) to represent
the insured as to those stated causes of action. Jt shall not be
liable for and will not pay the fees of any other counsel. The
Campany will not pay any fees, costs, or expenses incurred by
the Insured in the defense of those causes of action that allege
m~tters not insured against by this policy.
(b) The Company shall have the F~jht, in addition to the options
contained in Section 7 of these Conditions, at its own cost, to
institute and prosecute any action or proceeding or to po any
other act that in its opinion may be necessary or desirable to
establish the Title, as insured, or to prevent or reduce loss or
damage to the insured. The Company may take any
appropriate action under the terms of this policy, whether or not
it shall be liable to the Insured The exercise of these dghts
shall not be an admission of liability or waiver of any provision of
this policy. If the Company exercises its rights under this
subsection, it must do so diligently,
(c) Wheoaver the Company bdngs an action or as,serbs a defense
as required or permitted by this policy, the Company n~y
pursue the litigation ~ a final determination by a court of
competent jurisdiction, and it expressly reserves the dght, in its
sole discretion, to appeal any adverse judgment or order
DUTY OF INSURED CLAIMANT TO COOPERA~
(a) In all cases where this policy permits or requires the Company
to prosecute or provide for the defense of any action or
proceeding and any appeals, the Insured shall secure to the
Company the right to so prosecute or provide defense in the
action or proceeding, including the dght to use, at its option, the
name of the Insured for this purpose. Whenever requested by
the Company, the Insured, at the Company's expanse, shall
give the Company all reaseoable aid (i) in secudng evidence,
obtaining witnesses, prosecuting or defending the action or
proceeding, or effasting settlement, and (ii) in any other lawful
act that in the opinion of the Company may be necessary or
desirable to establish the Title o~ any other matter as insured. If
the Company is prejudiced by the failure of the Insured to
furnish the required cooperation, the Company's obligations to
the Insured under the policy shall terminate, including any
liability or obligation to defend, prosecute, or continue any
litigation, with regard to the matter or matters requiring such
cooperation.
(b) The Company may reasonably require the Insured Claimant to
submit to examination under oath by any authorized
representative of the Company and to produce for examination,
inspection, and copying, at such reasonable times and plecas
as may pa designated by the authorized representative of the
Company, all records, in whatever medium maintained,
including books, ledgers, checks, memoranda, correspondence,
reports, e-mails, disks, tapes, and videos whether bearing a
date before or after Date of Policy, that reasonably pertain to the
loss or damage, Further, if requested by any authorized
representative of the Company, the Insured Claimant shall grant
its parmiasidn, in writing, for any authorized representative of
the Company to examine, inspect, and copy all of these records
in the custody or control of a third pady that reasonably pertain
to the loss or damage. All information designated as
confidential by the Insured Claimant provided to the Company
pursuant to this Section shall not be disclosed to atbers unless,
in the reasonable judgmeat of the Company, it is necessary in
the administration of the claim. Failure of the Insured Claimant
to submit for examination under oath, produce any reasonably
requested infoonation, or grant permission to secure reasonably
necessary information from third par[les as required in this
subsection, unless prohibited by law or governmental regulation,
shall terminate any liability of the Company under this policy as
to that claim.
7, OPTIONS TO PAY OR O3~ERWlSE SI:IILE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance. To pay
or tender payment of the Amount of Insurance under this policy
together with any casts, attorneys' fees, and expenses incurred
by the Insured Claimant that were authorized by the Company
up to the time of payment or tender of payment and that the
Company is obligated to pay. Upon the exercise by the
Company of this option, all liability and obligations of the
Company to the insured under this policy, other than to make
the payment required in this subsection, shall terminate,
including any liability or obligation to defend, prosecute, or
continue any litigation.
(b) To Pay or Otherwise Settle With Patties Other Than the Insured
or With the Insured Claimant.
(i) TO pay or otherwise settle with other par[les 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 autbedzed by the Company up
to the time of payment and that the Company is obligated
to pay; or
(ii) To pay or othe~se settle with the Insured Claimant the
loss or damage provideq for under this palicy, 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
obligated to pay,
Upon the exercise by the Company of either of the options
provided for in subsections (b)(i) or (ii), the Company's
obligations to the Insured under this policy for the claimed loss
or damage, other than the payments required to be made, shall
terminate, including any liability or obligation to defend,
prosecute, or continue any litigation
II Page3 Serial No.: O 8911 584295 !1
File NO.: ST11 12359
CONDmONS (Continued)
8. DE11ERMINATION AND EXTENT OF LIABIUTY
This policy is a contract of indemnity against actual monetary loss or
damage sustained or incurred by the Insured Claimant who has
suffered loss or damage by reason of matters insured against by this
policy.
(a) The extent of liability of the Company for loss or damage under
this policy shall not exceed the lesser of
(i) the Amount of Insurance;or
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the dsk insured
against by this policy.
(b) If the Company pursues its rights under Section 5 of these
Conditions and is unsuccessful in establishing the Title, as
insured,
(i) the Amount of Insurance shall be increased by 10%, and
(ii) the Insured Claimant shall have the dght to have the loss
or damage determined either as of the date the claim was
made by the insured Claimant or as of the date it is settled
and paid.
(c) In addidon to the extent of liability under (a) and (b), the
Company will also pay those costs, attorneys' fees, and
expenses recurred in accomance with Sections 5 and 7 of these
Conditions.
9. LIMITATION OF UABILITY
(a) If the Company establishes the Title, or removes the alleged
defect, lien, or encumbrance, or cures the lack of a right of
access to or from the Land. or cures the claim of Unmarketable
Title, all ss insured, in a reasonably diligent manner by any
method, inctudlag litigation and the cempletion of any appeals, it
shall have fully padocmed its obligations with respect to that
matter and shall not be liabla for any loss or damage caused to
the Insured.
(b) In the event of any litigatidn, including litigation by the Company
or with the Company's consent, the Company shall have no
liabil~ for lass or damage until there has been a final
determination by a court of competent jurisdiction, and
disposition of all appoais, adverse to the Title, as insured.
(c) The Company shall not be liable for lass 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 ~RMINATION OF
LIABILITY
All paymsnts under this policy, except payments made for costs,
attorneys' fees, and expenses, shall reduce the Amount of Insurance
by the amount of the payment.
11. UABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the
Company pays under any poilay insuring a Mortgage to which
exception is taken in Schedule B or to which the insured has agreed,
assumed, or taken subject, or which is executed by an Insured after
Date of Policy and which is a charge or lien on the Title, and the
amount so paid shall be deemed a payment to the Insured under this
policy.
12. PAYMENT OF LO~S
When liability and the extent of loss or damage have been definitely
fixed in accordance with these Conditions, the payment shall be
made within 30 days.
v
13. RIGHTS OF RECOVERY UPON PAYMENT OR SET'II.EMENT
(a) Whenever the Company shall have settled and paid a claim
under this policy, it shall be subregated and entitled to the dghts
of the Insured Claimar~ in the Title and all other f~jhts 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' fees, and expanses paid by the
Company If requested by the Company, the Insured Claimant
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant
shall permit the Company B3 sue, compremlse, or settle in the
name of the Insured Claimant and to use the name of the
Insured C~almant in any ttecsastion 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 shall have recovered its loss.
(b) The Company's dght of subregagon includes the rights of the
insured to indemnttias, guaranties, other policies of insurance,
or bonds, notwithstanding any terms or conditions contained in
those instruments that abdress subrogation rights,
14. ARBn'RATIOR
Either the Company or the Insured may demand that the claim or
controversy shall be submitted to arbitration pursuant to the Title
Insurance Arbitration Rules of the American Land Title Association
{"Rules"). Except as provided in the Rules, there shall be no joinder
or consolidation with claims or controversies of other persons.
Arbitrable matters may include, but are not limited to, any controversy
or claim between the Company and the Insured arising oct of or
relating to this policy, any service in connection with its issuance or
the breach of a policy provision, or to any other conttoversy or claim
arising out of the transaction giving dss to this policy. All erb~rable
matters when the Amount of Insurance is $2,000,000 or less shall be
arbitrated at the option of either the Company or the Insured. All
arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
company and the Insured. Arbitration pursuant to this policy and
under the Rules shall be binding upon the parties. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court
of competent jedsdicdon.
15. LIABIUTY LIMITED TO THIS POUCY; POLICY ENI'IRE
CONTRACT
(a) This policy together with all endorsements, if any. attached to it
by the Company is the entire policy and contract between the
Insured and the Company. In interpreting any provision of this
policy, this policy shall be construed as a whola.
(b) Any claim of loss or damage that arises out of the status of the
Title or by any antion asserting such claim shall be restricted to
this policy,
(c) Any amendment of or endorsement to this policy must be in
writlag and authenticated by an authorized parson, or expressly
incorporated by Schedule A of this policy.
(d) Each endorsement to this policy issued at any time is mede a
part of this palicy and is subject to all of iR terms and
provisions. Except as the endorsement expressly states, it
does not (i) modify any of the terms and provisions of the policy,
(ii) modify any prior endorsement. (iii) extend the Date of Policy:
or (iv) increase the Amcunt of Insurance
16. SEVERABIUTY
In the event any provision of this policy, in vVnaie or in part, is held
invalid o~ unenforceable under applicable law, the policy shall be
deemed not to include that provision or such part held to be invalid,
but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
interests in real preperty and applicable to the interpratatton,
rights, remedies, or enforcement of policies of title insurance of
the jurisdiction where the Land is located.
Therefore, the court or an arbitrator shall apply the law of the
jurisdiction where the Land is located to determine the validity of
claims against the Tide that are adverse to the Insured and to
interpret and enforce the terms of this policy. In neither case
shall the cour[ or arbitrator apply its conflicts of law principles to
determine the applicable 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. NOTICES, WHERE SENT
il Parle 4 Serial No.: O 8911-584295
File NO: STl1-12359
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED TIlE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: STl1-12359 Date of Issue: December 19, 2011
ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8911-584295
I. The following is added as a Covered Risk:
"1 I. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has nov,, gained or which ma),
hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusiou Nmnber 5 is deleted, m~d the following is substituted:
Any lien on the Title lbr real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and
created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
Tiffs endo~.'sement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of thc lerms and provisions of
thc policy, (ii) medify 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 tcrnzs and provisions of the policy and of any prior endorsements.
DATED: December 19, 2{}11
Countersigned By:
Authorized Office or Agent
STEWART TITLE
Secretary
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)
ALTA OWNER'S POLICY (6/I 7/06)
SCHEDULE A
File No.: ST11-12359
Amount of $1,220,000.00
Insurance:
Date of
Policy:
1. Name of Insured:
Town of Southold
December 19, 2011
Policy No.: O-8911-584295
2. The estate or interest in the Land that is insured by this policy is:
Development Rights Easement
3. Title is vested in:
Grant of Development Rights Easement made between Pindar Vineyard LLC to the Town of Southold dated
12/19/2011 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 made a part hereof.
Section: 108.00 Block: 04.00 Lot:
001.001
^l~r^ OWrqER 'S POI.ICY t6/~7/06)
Pile No.: ST11-12359
SCHEDULE A DESCRIPTION
Policy No.:
O-8911-584295
DEVELOPMENT RIGHTS EASEMENT AREA
ALI, that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly side of Main Road (State Route 25) where the same is intersected by the
southwest corner of land of New York State (Recharge Area) and the southeasl comer of the Reserve Area described
herein; said point being also distant 1,190+ feet weslerly as measured 'along the northerly side of Main Road (State Route
25) from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road
(State Route 25);
RUNNING THENCE along the northerly side of Main Road (State Route 25) South 76 degrees 45 minutes 37 seconds
West, 244.00 feet to the division line between Reserve Area and land now or formerly of Edward F. Rutkoski:
THENCE along said land and along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2)
courses and distances:
1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet;
2. Norlh 36 degrees 09 minutes 45 seconds West, 212.49 feet to the true point or place of BEGINNING.
THENCE along the division line between Development Rights Easement Area to be described and land now or fmq:nerly
of Henry Rutkoski and Helen Rutkoski North 36 degrees 09 minutes 45 seconds West, 2,460.44 feet to land now or
formerly of the Long Island Rail Road:
THENCE along said land North 46 degrees 14 minutes 21 secon&s East, 336.89 feet to a rail road monument and land
shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 ms Map No. 9913;
THENCE along said land and land shown on Map of Elijah's Lane Estates, Section 2, filed 10/8/1996 as Map No. 9912
the following six (6) courses and distances:
1. South 40 degrees 09 minutes 50 seconds East, 140.51 feet:
2. South 36 degrees 31 minutes 50 seconds East, 423.50 feet:
3. South 34 degrees 42 minutes 50 seconds East, 492.40 feet;
4. South 38 degrees 31 minutes 50 seconds EasL 643.60 feet:
5. South 37 degrees 02 minutes 50 seconds East, 566.37 feet;
6. South 37 degrees 36 minutes 50 seconds East, 230.27 feet to a point;
THENCE South 52 degrees 23 minutes 05 seconds West, 375.31 feet to the true point or place of BEGINNING.
.M~IA OWNER'S POLiCY 16/17/061
RESERVE AREA
Al,1, that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows;
BEGINNING at a point on the northerly side of Main Road (Stale Route 25) where the same is intersected by the
southwest comer of land of New York State (Recharge Area) and the mutheast comer of the premises about to be
de~ribed herein; said point being also distant 1,190-~-_ feet westerly as measured along the northerly side of Main Road
from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road
(State Route 25):
RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)
South 76 degrees 45 minutes 37 seconds West, 244.00 feet to land now or formerly of Edward F. Rutkoski:
THENCE 'along said land and 'along land now or formerly of Henry Rutkoski and Helen Rutkoski the following two (2)
courses and distances:
1. North 34 degrees 24 minutes 53 seconds West, 325.00 feet;
2. North 36 degrees 09 minutes 45 seconds West, 212.49 feet;
THENCE North 52 degrees 23 minules 05 seconds East. 375.31 feet to land shown on Map of Elijah's Lane Estates,
Section 2, filed 10/8/1996 as Map No. 9912:
THENCE along said land the following three (3) courses and distances:
I. South 37 degrees 36 minutes 50 seconds East, 67.36 feet;
2. South 36 degrees 32 minutes 50 seconds East, 162.95 feet;
3.South 38 degrees 30 minutes 50 seconds East, 101.20 feet to land now or formerly of New York State (Recharge Area);
THENCE along said land the following two (2) courses and distances:
1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet;
2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road (State Route 25), the
point or place of BEGINNING.
ALTA OWNER'S POLICY (6117/06)
COMPOSITE DESCRIPTION
ALl, that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows;
BEGINNING at a point on the northerly side of Main Road (Sta~e Route 25) where the same is intersected by the
southwest comer of land of New York State (Recharge Area) and the southeast comer of the premises about to be
described herein; said point being also distant 1,190-~_ feet westerly ms measured along the northerly side of Main Road
from the comer formed by the intersection of the westerly side of Elijah's Lane with the northerly side of Main Road
(State Route 25);
RUNNING THENCE from said point or place of beginning along the northerly side of Main Road (State Route 25)
South 76 degrees 45 minutes 37 seconds West, 244.00 feet to land now or formerly of Edward F. Rutkoski:
THENCE along said land and along land now or formerly of Henry Ratkoski and Helen Rutkoski the following two (2)
courses and distances:
l. North 34 degrees 24 minutes 53 ~conds West, 325.00 feet:
2. North 36 degrees 09 minutes 45 seconds West, 2,672.93 feet to land now or formerly of the Long Island Rail Road:
THENCE along said land North 46 degrees 14 minutes 21 ,seconds East, 336.89 feet to a rail road monument and land
shown on Map of Elijah's Lane Estates, Section 3, filed 10/8/1996 as Map No. 9913:
THENCE along said land and land shown on Map of Elijah's Lane Estates. Section 2, filed 10/8/1996 as Map No. 9912
the following eight (8) courses and distances:
1. South 40 degrees 09 minutes 50 seconds East
2. South 36 degrees 31 minutes 50 seconds East
3. South 34 degrees 42 minutes 50 seconds East
4. South 38 degrees 31 minutes 50 seconds East
5. South 37 degrees 02 minutes 50 ~conds East
6. South 37 degrees 36 minutes 50 seconds East
7. South 36 degrees 32 minutes 50 seconds East
8. South 38 degrees 30 minutes 50 seconds East
Area);
140.51 feet;
423.50 feet:
492.40 feet;
643.60 feet;
566.37 feet:
297.63 feet:
162.95 feet:
101.20 feet to land now or formerly of New York State (Recharge
THENCE along said land the following two (2) courses and distances:
1. South 51 degrees 30 minutes 17 seconds West, 170.98 feet;
2. South 36 degrees 49 minutes 33 seconds East, 303.55 feet to the northerly side of Main Road (State Route 25), the
point or place of BEGINNING.
Pd~lA OWNEWS POLICY 16/17/06)
SCHEDULE B
PART 1
File No.: ST11-12359 Policy No.: O-8911-584295
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:
Agricultural exemption assessment pursuant to Article 25-AA of the Agriculture and Markets Law as set forth in the
deed made by Agnes B. Graboski to Pindar Vineyards LLC dated 8/30/1999 and recorded 9/9/1999 in Liber 11988,
Cp. 152.
Note: The life estate reserved in said deed has been extinguished pursuant to the fact that the holder of said life
estate, Agnes Grabowski a/k/a Agnes Graboski died on 11/23/1999 a resident of Suffolk County, Index No. 2315P99
in the Suffolk County Surrogate's Court.
Terms, covenants, conditions, agreements and other matters as set forth in the Development Rights Easement
Agreement made between Pindar Vineyard LLC to the Town of Southold dated and recorded
in Liber , Cp. . (Instrument insured)
Survey Exceptions as to subject premises only as shown on survey (covering premises and more) made by John C.
Ehlers Land Surveyor, last dated 11/21/2011 (Job No. 98-224D).
Northerly line: No variations:
Easterly line: Wire fencing up to 7.0 feet west of part of record line;
Southerly line: No variations:
Westerly line: Tree lines vary with part of record line.
The owner may be out of possession to a strip of land having a maximum width of seven (7) feet lying east of easterly
fencing. No lands out of possession are insured.
4. Rights of tenants or parties in possession, if any.
stewart flue
FENCE AND BOUNDARY AFFIDAVIT
Title No.: ST11-12359
STATE OF NEW YORK :
'.$$,:
COUNTY OF SUFFOLK:
Stephen G. Stapon and Deborah Stapon, being duly swom, deposes and says:
1. That we are the owners of the premises known as 1865 Gabdella Court in lhe [city/village/town] of
Mattituck, County of Suffolk, and State of New York, District 1000, Section 108, Block 4, Lot 7.54, and
are lhe sole owners of said property (hereinafter Amy/our property").
2. That the westedy boundary line of my/our property adjoins the easterly boundary line of the premises
commonly known as 18625 Main Road , Mattltuck, NY 11952 Distdct 1000, Section 108.00, Block
04.00, Lot 001.001 (the 'Premises").
3. That w~ have reviewed the annexed survey prepared by John C. Ehlers, land surveyor, dated
November 21,2011, wherein it appears that a wire fence runs along or nearby fl~e "common boundary
line," but is situated up to sewen (7) feet inside the Premises from the "common boundary line."
4. That Ihv9 hgr~y ¢,,~rCY that iN/9 {iqp~ that th~ "wmr~n I~undery line" aa d¢.oi~-I in r-~3id niJrvP, y
is accurate and true; and that IA~e make no claim for ownership now or in the future by adverse
possession or otherwise to that portion of ~ land situate between the "common boundary line" and the
fence on the Premises as set forth on the survey.
5. To the best of our knowledge said fence was erected by Pindar Vineyards.
6. That I/we understand that Pindar Vineyards owns the Promises and have exclusive dominion and
control over ali of said Premises.
7. The undersigned hereby (;edify that the said fence is Pindar's pemonal property and may constitute
an encumbrance on the" Pindar" premises; We undemtand that Pindar may, if they wish, remove the
said fence.
8. That Ewe make this affidavit in order to induce Stewart Title Insurance Company to issue its policy of
title insurance covedng the above mentioned Premises knowing that they will rely on the statements
made herein and will indemnify and hold harmless Stewart Title Insurance Company for any lose, cost
or damage including attorneys' f~es which may incur as a result of doing so.
_~~_ ~_~ew~ title
S~p-I~n G. Stapon--~ I ~
o"rah S~n I
SWo~ before me this
~5 ~ da~f ~er, 20~ ~
9n Exp. December 11~ ;~4
12/13/2811 81:11 6317652752 RBRLER PAGE 82/82
stewart titl
FENCE AND BOUNDARY AFFIDAVIT
Title No.: ST11-12359
STATE OF NEW YORK
COUNTY OF SUFFOLK:
Gerard DeMarco and Theresa DeMarco, being duly sworn, deposes and says:
I. That we are the owners of the premises known as 2015 Gabriella Court in the [city/village/town] of
Mattituok, County of Suffolk, and State of New York, District 1000, Section 108, Block 4, Lot 7.53, and
are the sole ownem of said property (hereinafter "my/our property").
2. That the westerly boundary line of my/our property adjoins the easterly boundary line of the premises
commonly known as 18625 Main Road, Mattituck, NY 11952 Distdct 1000, Section 108.00, Brock
04.00, Lot 001.001 (the "Premises").
3. That we have reviewed the annexed survey prepared by John C. Ehlers, land surveyor, dated
November 21, 2011, wherein it appears that a wire fence runs along or nearby the "common boundary
line," but is situated no more than 3.125 feet inside the Premises from the Ncommon boundary line.*
4. That I/we hereby certify that I/we agree that tho "common boundary line" as depicted in said survey
is accurate and true; and that l/we make no claim for ownership now or in the future by adverse
possession or otherwise to that portion of the land situate between the 'common boundary line" and the
fence on the Premises as set forth on the survey.
5. To the best of our knowledge said fence dividing our Premises and that of the owner of 18625 Main
Road was erected by your affiant's predecessor in title.
6. That I/we understand that Pindar Vineyards owns the Premises and have exclusive dominion and
control over all of said Premises.
7. The undersigned hereby certify that the said fence may Constitute an encumbrance on the" Pinda¢'
premises; We understand that Pindar may, if they wish, remove the said fence.
8. It is our understanding that the cypress trees bordering the .~emi'pe~ boundary are on Lot 7 and will
not be removed by the Owner of the proPerty de~~
~ard DeMare~ ' '
Theresa DeMarco
Swo,rr~t0 before me this
/__~ ~ day of December, 2011
Notary ~ru~li¢ ' ~
MELISSA A. SPIRO
LAND PRESERVATION COORDINATOR
melissa, spiro@town.southold.ny.us
Telephone (631) 765-571 I
Facsimile (631 ) 765-6640
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
(corner of Main Rd & Youngs Ave)
Southold, New York
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971-0959
To:
Supervisor Russell
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Suffolk County Division of Real Estate
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Managers
Peconic Land Trust, Inc.
The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date:
December 19, 2011
Re:
PINDAR VINEYARDS LLC to TOWN OF SOUTHOLD
Part of SCTM #1000-108.-4-1.1
Please be advised that the Town has acquired a development rights easement on the
agricultural property listed below. If you would like additional information regarding the
purchase, please feel free to contact me.
LOCATION:
SCTM #:
PROPERTY OWNERS:
CONTACT DATE:
PURCHASE DATE:
PURCHASE PRICE:
TOTAL PARCELACREAGE:
EASEMENT ACREAGE:
RESERVE AREA:
ZONING:
FUNDING:
18625 Main Road (NYS Rt 25), Mattituck
part of 1000-108.-4-1.1
Pindar Vineyards LLC
September 1, 2011
December 19, 2011
$1,220,000.00 (based on 20.0 buildable acres @
$61,000/buildable acre)
24.18 acres
20.0 acres
4.18 acres
R-40 and A-C
CPF 2% Land Bank
CLOSING STATEMENT
PINDAR VINEYARDS LLC
to
TOWN OF SOUTHOLD
Part of SCTM #1000-108.-4-1.1
Total Development Rights Easement - 20.0 acres
Total Parcel Acreage - 24.18 acres
Reserved Area - 4.18 acres
Location:
18625 Main Rd (NYS Rt 25), Mattituck
Closing took place on Monday, December 19, 2011
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $1,220,000.00 (based upon 20.0 buildable acres
$61,0001buildable acre) disbursed as follows:
Payable to Farm Credit East, ACA
Check #112456 (1211912011)
Payable to William F. Bates, As Attorney
Check #112453 (1211912011)
Payable to William F. Bates, Esq.
Check # 112454 (1211912011)
Payable to Stewart Title Insurance Company
Check #112458 (12/19/2011 )
Expenses of Closing:
Appraisal
Payable to Given Associates, LLC
Check #91181 (5/2212007)
Updated Appraisal
Payable to Given Associates, LLC
Check #109960 (511012011 )
$ 408,000.00
$ 795,650.0O
$ 350.00
$ 16,000.O0
$ 1,220,000.00
$ 2,600.00
$ 2,000.00
Survey
Payable to John C. Ehlers Land Surveyor
Check #112363 (12~6~2011 )
$ 1,500.00
Environmental Report Phase I ESA
Payable to Nelson, Pope & Voorhis, LLC
Check #112143 (11/9/2011)
$ 1,000.00
Title Report
Payable to Stewart Title Insurance Company
Check #112457 (12/19/2011)
Title insurance policy $ 5313
Recording easement $ 275
Certified Copy $ 50
$ 5,638.00
Covenants & Restrictions Recording Fee
Payable to Stewart Title Insurance Company
Check #112572 (12/2012011)
$ 275.00
Title Closer Attendance Fee
Payable to Patricia Fallon
Check # 112455 (12/19/2011 )
$ 100.00
Those present at Closing:
Scoff A. Russell
Lisa Clare Kombrink, Esq.
Dr. Herodotus Damianos
Kathryn Krejci
Hon. Rudolph H. Bruer
Patricia Fallon
Melissa Spiro
Melanie Doroski
Southold Town Supervisor
Attorney for Town of Southold
Seller/President, Pindar Vineyards LLC
Executive Director for Pindar Vineyards LLC
Attorney for Pindar Vineyards LLC
Title Company Closer
Land Preservation Coordinator
Land Preservation Sr Administrative Asst
TOWN OF SOUTHOLD
VENDOR 006019 FARM CREDIT EAST, ACA 12/19/2011 CHECK 112456
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR626 121911 PINDAR-PART.CHK.DSBRSMNT 408,000.00
TOTAL 408,000.00
TOWN OF SOUTHOLD
VENDOR 002123 WILLIAM BATES,AS ATTORNEY 12/19/2011 CHECK 112453
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR626 121911 PINDAR-PART.CHK.DSBRSMNT 795,650.00
TOTAL 795,650.00
TOWN OF SOUTHOLD
VENDOR 002118 WILLIAM F. BATES,ESQ. 12/19/2011 CHECK 112454
FLrND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR626 121911 PINDAR-PART.CHK.DSBRSMNT 350.00
TOTAL 350.00
TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 12/19/2011 CHECK 112458
Fl/ND & ACCOUNT P.O.~ IN-VOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR626 121911 PINDAR-PRTL CK.DSBRSMNT 16,000.00
TOTAL 16,000.00
GIVEN
548 Route 111 / PO Box 5305
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Bill To
Town of Southotd
P.O. Box 1179
Southold NY 11971-0959
Invoice
Date ] Invoice #
4/30/2007 [ 292
IPlease make check payable to: GIVEN ASSOCIATES, LLC.
Description
Appraisal of Real Property of Pindar Vineyards, LLC Located
18625 Main Road
Mattituck, NY
S.C.T.M. #1000-108-4-1.1
MAY 22007
OEOT OF IAND
Terms
Due upon Receipt
File No.
2007183
Amount
2,600.00
Thank you for your continued business.
Balance Due
$2,600.00
GIVEN
TOWN OF SOUTHOLD
53095 MAIN ROAC
SOU'[HOLD NEWYORK 11971 43959
AUDIT 5622
NO.
05/22/2007
DOLLARS
C,~, O0000N 0""
091181
$8,.6co.00
~FLi~D Q ACCGLi~ P. O. ~
H3 .8660,2 500.200
H3 .8660.2,500.200
H3 .8660.2.500.200
16910
16911
16912
286
292
293
n~/oo/oO97 CHECK Pl!£!
DE$CRiPixON ~'iOuNl~
~A~ISAL-PFE~/~~
ISAL-PIATDkR 2,600.00
A~-SEP~qO~,SUO.U'0
TOTAL 8,600.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
JE Date Trx. Date Fund Account
......................... Use Acti
1/30/2007
2/27/2007
3/13/2007
3/13/2007
3/27/2007
5/22/2007
5/22/2007
5/22/2007
7/31/2007
7/31/2007
8/14/2007
9/25/2007
10/09/2007
10/23/2007
12/18/2007
1/30/2007 H3 .600
2/27/2007 H3 .600
3/13/2007 H3 .600
3/13/2007 H3 .600
3/27/2007 H3 .600
5/22/2007 H3 .600
5/22/2007 H3 .600
5/22/2007 H3 .600
7/31/2007 H2 .600
7/31/2007 H2 .600
8/14/2007 H2 .600
9/25/2007 H2 .600
10/09/2007 A .600
10/23/2007 H2 .600
12/18/2007 H2 .600
......................... Use Acti
F2=Shift Up F3=Exit F10=Prev View
Select Record(s) or Use Action Code
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-05222007-164 Line: 140 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/22/2007 SDT 5/18/07
: Trx Amount... 2,600.00
: Description.. APPRAISAL-PINDAR
: Vendor Code.. 007416 Pay Method:
: Vendor Name.. GIVEN ASSOCIATES LLC
: Alt Vnd..
: CHECK ........ 91181 SCNB
: Invoice Code. 292
: VOUCHER ......
: P.O. Code .... 16911
: Project Code.
: Final Payment F Liquid.
: Type of 1099. M BOX. 07 Addl.
: Fixed Asset.. Y
: Date Released 5/22/2007
: Date Cleared. 6/30/2008
: F3=Exit F12=Cancel
:
ASSOCIATES
548 Route 111, Suite 200
Hauppauge, NY 11788
631-360-3474
Fax 631-360-3622
Sill To I
Town of Southold
P.O. Box 1179
Southold NY 11971-0959
Date Invoice #
4/19/2011 1009
Please make check payable to: GIVEN ASSOCIATES, LLC
File No. Terms
2011127
Description
Appraisal of Real Property of Pindar Vineyards, LLC
Located 18625 Main Road, Mattituck, NY
S.C.T.M. #1000-108-4-1.1
?RESERVABON
Due upon Receipt
Amount
2,000.00
Thank you for your continued business.
Balance Due
$2,000.00
TOWN OF SOUTHOLD
VENDOR 007416 GIVEN ASSOCIATES LLC 05/10/2011 CHECK 109960
~TR~D & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500,200 22672 1009 2011127-PINDAR VINVARD 2,000.00
TOTAL 2,000.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 007416 GIVEN ASSOCIATES LL
Y=Select
- JE Date Trx. Date Fund Account
......................... Use Acti
.. 12/14/2010
. . 1/04/2011
. . 1/18/2011
4/12/2011
5/10/2011
,, 10/11/2011
12/14/2010 H3 .600
1/04/2011 A .600
1/18/2011 H3 .600
4/12/2011 H3 .600
5/10/2011 H3 .600
10/11/2011 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: 98 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 5/10/2011 SDT 5/06/11 :
: Trx Amount... 2,000.00 :
: Description.. 2011127-PINDAR VINYARD :
: Vendor Code.. 007416 Pay Method: :
: Vendor Name.. GIVEN ASSOCIATES LLC :
: Alt Vnd.. :
: CHECK ........ 109960 SCNB :
: Invoice Code. 1009 :
: VOUCHER ...... :
: P.O. Code .... 22672 :
: Project Code. :
: Final Palnnent F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 5/10/2011 :
: Date Cleared. 5/31/2011 :
: F3=Exit F12=Cancel :
: :
JOHN C. EHLERS
6 East Main Street
Riverhead, NY 11901
STATEMENT
DATE INVOICE
11/23/2011
Town of Southold
Dept. of Land Preservation
Town Hall Annex
Southold, NY 11971
TEL: 516-369-8288 FAX: 516-369-8287
TAX MAP NUMBER MY JOB NUMBER
1000-108-4-1.1 98-224
DATE DESCRIPTION CHARGES BALANCE
11/23/2011 ~ Survey work for Survey for development rights purchase by the 1,500.00 1,500.00
Town of Southold
PINDAR VINEYARDS LLC
i
I
PLEASE MAKE YOUR CHECK
PAYABLE TO JOHN C. EHLERS Total
$1,500.00
E-mail Web Site ] '
j esurvey~optonlin e.net
Iongislandlandsurveyor.com ]
TOWN OF $OUTHOLD
VENDOR 005322 JOHN C. EHLERS 12/06/2011 CHRCK 112363
FUND & ACCOUNT P.O. ~ INVOICE DESCRIPTION AMOUNT
H3 ,8660.2.600.100
H3 .8660.2.600,100
22668 2007242
23462 98-224
INST SILL SURVEy MONUMNT 100.00
SURVEY-pINDAR VINEYARD~ 1~, 50010~_
TOTAL 1,600.00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 005322 EHLERS/JOHN C.
Y=Select
- JE Date Trx. Date Fund Account
......................... Use
12/19/2006 12/19/2006 H3 .600
,, 3/13/2007
. . 5/08/2007
7/03/2007
9/11/2007
4/08/2008
6/03/2008
3/13/2007 H3
5/08/2007 H2
7/03/2007 H2
9/11/2007 H2
4/08/2008 H3
6/03/2008 H3
Acti
11/18/2008 11/18/2008 H3
12/16/2008 12/16/2008 H3
12/15/2009 12/15/2009 H3
2/15/2011 2/15/2011 H3
7/05/2011 7/05/2011 H3
9/27/2011 9/27/2011 H3
.. 12/06/2011 12/06/2011 H3
~ 12/06/2011 12/06/2011 H3
F2=Shift Up F3=Exit F10=?rev View
CANNOT FORWARD. END OF FILE
600
600
60O
600
6OO
60O
6OO
600
6OO
600
6OO
600
6OO
60O
Disburs Inquiry by Vendor Name
.............. Detail--GL100N ..............
: W-12062011-883 Line: 92 Formula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 12/06/2011 SDT 12/06/11 :
: Trx Amount... 1,500.00 :
: Description.. SURVEY-PINDARVINEYARDS :
: Vendor Code.. 005322 Pay Method: :
: Vendor Name.. EHLERS/JOHN C. :
: Alt Vnd.. :
: CHECK ........ 112363 SCNB :
: Invoice Code. 98-224 :
: VOUCHER ...... :
: P.O. Code .... 23462 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 12/06/2011 :
: Date Cleared. 12/31/2011 :
: F3=Exit F12=Cancel :
: :
Invoice
Melissa Spiro
Town of Southold Dept of Land Preserv
Town Hall
53095 State Rt 25, PO Box 1179
Southold, NY 11971
Project V11X110.001.000
Nelson Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, NY 11747
(63'1) 427-5665
18625 Main Road, Mattituck
October 14; 2011
Project No: V11X110.001.000
Invoice No: 8600
Project Manager Steven McGinn
Professional Services
Phase SA Site Audit
Task 1300 Phase I ES,&
Contract dated September 1,2011:
Item 1. Prepare Phase I Environmental Site Assessment
Fee
Total Fee 1,000.00
Percent Complete 100.00
Total Earned 1 ;000.00
Previous Fee Billing 0.00
Current Fee Billing 1,000.00
Total Fee
1,000.00
Total this Task $1,000.00
Total this Phase $1,000.00
Total this Invoice $1,000.00
OCT 1 7
DEPI. OF LAND
PRESERVAIION
All invoices are due net 30 days. A late charge of 1% per month will be ~lded to any unpaid balance after 30 days.
TOWN OF SOUTHOLD
VENDOR 014161 NELSON, POPE & VOORHIS, LLC 11/09/2011 CHECK 112143
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 22681 8600 PHS I ESA-PIND~R VNYRD 1,000.00
TOTAL 1,000,00
GL108S 20 TOWN OF SOUTHOLD
View 1 ** Actual Hi
Vendor.. 014161 NELSON, POPE & VOOR
Y-Select
- JE Date Trx. Date Fund Account
......................... Use Acti
.Y. 11/09/2011 11/09/2011 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-11092011-659 Line: 209 Fozmula: 0 :
: Account.. H3 .600 :
: Acct Desc ACCOUNTS PAYABLE :
: Trx Date ..... 11/09/2011 SDT 11/07/11 :
: Trx Amount... 1,000.00 :
: Description.. PHS i ESA-PINDAR VNYRD :
: Vendor Code.. 014161 Pay Method: :
: Vendor Name.. NELSON, POPE & VOORHIS, :
: Alt Vnd.. :
: CHECK ........ 112143 SCNB :
: Invoice Code. 8600 :
: VOUCHER ...... :
: P.O. Code .... 22681 :
: Project Code. :
: Final Payment F Liquid. :
: Type of 1099. M BOX. 07 Addl. :
: Fixed Asset.. Y :
: Date Released 11/09/2011 :
: Date Cleared. 11/30/2011 :
: F3=Exit F12=Cancel :
: :
STEWART TITLE INSURANCE COMPAI~Y
707 Westchester Avenue, Suite 411, White Plains, New York 10604
Phone: 800-433-4698 or 914-993-9393 Fax: 914-997-1698
T,I, No.
FEE INSURANCE COVERAGE ~/,~O, tg~-~, d~ PREMIUM
F~R ~ET V~UE ~DER (Opfion~) P~M1UM
MORTGAGE T~ (Mo~gag~)
MORTGAGE T~ ~o~g~or)
DEP~TMENTAL SEARCHES
ST~ET REPORT
E~ROW DEPOSIT
ESCROW DEPOSIT FEE
( ) SATISFA~ION(S}
( ) MORTGAGE(S)
( ) CONSOLIDATION, EXTENSION & MODIFICATION AG~EMENT(S)
( ) MORTGAGE AFFIDA~T(S)
( ) ASSIGNMENT(S)
CLOSER CHARGES, IF ANY: PICK-UP FEE
OTHER:
PATRICIA L. FALl,ON
Title Closer
TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSUR3%NCE CO. 12/19/2011 CHECK 112457
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000
H2 .8686.2.000.000
H2 .8686.2.000.000
STl1-12359
STl1-12359
TBR626 STl1-12359
PINDAR-RECORDING EASE. 275.00
PINDAR-CERT.CPY REC ESMN 50.00
PINDAR-TITLE INS POLICY 5,313.00
TOTAL 5,638.00
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 12/19/2011 CHECK 112455
FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT
H2 .8686.2.000.000 TBR626 STl1-12359 TITLE CLSR FEE-PINDAR 100.00
TOTAL 100.00