HomeMy WebLinkAboutMacari Farms, LLC
MELISSA A. SPIRO Qft SOOFFICE LOCATION:
Town Hall Annex
LAND PRESERVATION COORDINATOR h~~ yOIO 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road & Youngs Avenue)
Southold, New York
Telephone (631) 765-5711
Facsimile (631) 765-6640 MAILING ADDRESS:
OIyCOUP.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD RECEIVED
JA 14 1 J ?914
To: Elizabeth A. Neville
Town Clerk Southold Town Clerk
From: Melanie Doroski
Sr. Administrative Assistant
Date: January 16, 2014
Re: MACARI FARMS. LLC to TOWN OF SOUTHOLD
Development Rights Easement - 25.2439 acres
SCTM 1000-112-p/o 1 (11.3962 acres) & 1000-112-2 (15.8477 acres)
Location: 950 & 1350 Bergen Avenue, Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following documents:
• Original Grant of Development Rights Easement dated September 10, 2013,
between Macari Farms, LLC and the Town of Southold, recorded in the Suffolk
County Clerk's office on 9/23/2012, in Liber D00012745 at Page 450
• Title insurance policy #0-8911-620992 issued Stewart Title Insurance Company on
September 10, 2013, in the insured amount of $1,514,634.00 (title #ST12-16140)
• Declaration of Covenants & Restrictions dated September 10, 2013, executed by
Macari Farms, LLC and recorded in the Suffolk County Clerk's office on 9/23/2013,
in Liber D00012745 at Page 449
• Closing Statement
Thank you.
Melanie
encs.
cc: Assessors w/ copy of recorded easement & survey
SUFFOLK COUNTY CLERIC
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT Recorded: 09/23/2013
Number of Pages: 34 At: 10:48:08 AM
Receipt Number : 13-0120140
TRANSFER TAX NUMBER: 13-05172 LIBER: D00012745
PAGE: 450
District: Section: Block: Lot:
1000 112.00 02.00 002.000
MORTGAGE TAX NUMBER: DE036183
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,514,634.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $170.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Affidavit $0.00 NO TP-584 $5.00 NO
Notation $0.00 NO Cert.Copies $22.10 NO
RPT $120.00 NO Transfer tax
$0.00 NO
Comm. Pres $0.00 NO Mort.Basic $0.00 NO
Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO
Mort.SplAsst $0.00 NO
Fees Paid $357.10
TRANSFER TAX NUMBER: 13-05172
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
r-11 21
Number of pages _l ! GEi_i,Ri,ED
?p 10:42:0" a'9
TI [i ITy N. rH C_4LE
This document will be public FLERK °F
CI FFC0 CAPHTY
record. Please remove all L Dr'0012?45
Social Security Numbers P 4=0'
prior to recording. aEOZ,e•127.
- l51
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recofding / Filing Stamps
3 FEES
Page / Filing Fee Mortgage Amt.
1. Basic Tax _
Handling 20. 00 2. Additional Tax _
TP-584 Sub Total _
Notation Spec./Assit.
or
EA-52 17 (County) Sub Total Spec. /Add.
EA-5217 (State) TOT. MTG. TAX
1 Q Dual Town _ Dual County_
R.P.T.S.A.
Held for Appointment _
Comm. of Ed. 5. 00 Transfer Tax
Affidavit Mansion Tax
low
a7 The property b this mortgage is
M-- op X,Z 1v or will be improved by a one or two
NYurcharge 15. 00 y Sub Total family dwelling only.
_ YES or NO
Other _
Grand Total 7 1 If NO, see appropriate tax clause on
page # of this instrument.
4 Dist. /on Se 13025834 LW OZU4 S1A 5 Community Preservation Fund
Real Property / p T S IIIIN 1111111 III III IAN III ~I ICI Consideration Amount $
Tax Service fl R ppL A NN 'MI
Agency 2pSEP-1 CPF Tax Due $
Verification"
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD & RETURN TO: Vacant Land
171&1N/E UO,COS,e/
7-eui.v OG csdu'41~r4o AAfA/EJC- ~A.v4 toe51 ~P,9n01V TD
f 0 , B0)( 1l 79 TD
S&j77JV `0/ ~ / ~I971 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. m 37Zz7V 7- °Trz~ An/S. Ce
www.suffolkcountyny.gov/clerk . Title # a - )(0 IV6
8 Suffolk Count Recording & Endorsement Page
This page forms part of the attached 4eA 1Y r n hE11 tW2&WT iF/S~made by:
(SPECIFY TYPE OF INSTRUMENT)
LfCl3~l f Y /YkS k kr The premises herein is situated in.
SUFFOLK COUNTY, NEW YORK. n
TO In the TOWN of .S6U7 J-A
TUJeJ OF ' 'eg-)~ A In the VILLAGE
or HAMLET of &<I T7 ELelK
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
I3-DIN..10/oakk
(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 101 and on or before May 31".
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 957-3004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631) 451-9009 (631) 749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 11787
(631) 324-2770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main,Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
Islip Town Receiver of.Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y. 11751 Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
12-0104.. 06/06ka
PT S
R POL A
StatID: 2575626 20-SEP-13
Tax Maps
District Secton Block Lot School District
1000 11200 0200 002000 MATTITUCK-CUTCHOGUE
1000 11200 0200 001002
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STEWART TITLE INSURANCE COMPANY
707 Westchester Avenue, Suite 411
White Plains, NY 106N
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the 40A day of September, 2013 at Southold, New York. The parties
are Macari Farms, LLC, with an address of 150 Bergen Avenue,
Mattituck, New York 11952 (herein called "Grantor', and the TOWN
OF SOUTHOLD, a municipal corporation, having its principal office at
53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein
called "Grantee") and the United States of America ("United States")
by and through the United States Department of Agriculture ("USDA")
Natural Resources Conservation Service ("NRCS") acting on behalf of
the Commodity Credit Corporation, as its interest appears herein, for
the purpose of forever conserving the agricultural productivity of the
Protected Property and its value for resource preservation and as open
space.
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 #1000-112-2-1 and 1000-112-2-2, more
fully described in SCHEDULE "A" attached hereto and made a part
hereof and hereinafter referred to as the "Protected Property" and
shown on the survey prepared by John C. Ehlers Land Surveyor dated
March 4, 2013 and last revised April 5, 2013 (a reduced copy of which
is attached hereto and made a part hereof and hereinafter referred to
as the "Survey"); and
WHEREAS, the Protected Property is located in the A-C Zoning
District of the Town of Southold; and
WHEREAS, the Protected Property contains soils classified as
Class I and Class II worthy of conservation as identified by the United
States Department of Agriculture, Natural Resources Conservation
Service's (formerly the Soil Conservation Service) Soil Survey of
Suffolk County, New York; and
WHEREAS, The Federal Farm and Ranch Lands Protection
Program's purpose is to assist in the purchase of conservation
easements on land with prime, unique, or other productive soil for the
purpose of protecting topsoil from conversion to nonagricultural uses
(16 U.S.C. 3838h and 38381). Under the authority of the Farm and
Ranch Lands Protection Program, the United States Department of
Agriculture Natural Resources Conservation Service (hereinafter the
"United States" or "NRCS") acting on behalf of the Commodity Credit
Corporation, has provided Seven Hundred Fifty Seven Thousand Three
Hundred Seventeen and 00/100 DOLLARS ($757,317.00) to the
Grantee for the acquisition of this Easement, entitling the United
States to the rights identified herein.
WHEREAS, the Protected Property is part of the New York State
Agricultural District #1, and the Grantor wishes to continue using the
Protected Property for agricultural production as defined in this
Easement; and
WHEREAS, the Protected Property is currently used as a goat
farm, for a greenhouse, for composting in connection with farm
operations, and a portion is wooded/fallow; 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 Protected Property in its present scenic and
agricultural condition has substantial and significant value as an
aesthetic and agricultural resource since it has not been subject to any
development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Protected 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 Protected 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 Protected Property while
permitting compatible uses thereof;
2
NOW THEREFORE, in consideration of ONE MILLION FIVE
HUNDRED FOURTEEN THOUSAND SIX HUNDRED THIRTY-FOUR AND
00/100 DOLLARS ($1,514,634.00) 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 Protected 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 Protected Property unto the Grantee, its
successors and assigns forever, reserving, however, for the direct use
and benefit of the Grantor, its legal representatives, successors and
assigns, the fee title to the Protected Property, and the exclusive right
of occupancy and of use of the Protected Property, subject to the
limitations, conditions, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Protected 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 Protected Property described in Schedule "A", free of
any mortgages or liens, as set forth in Stewart Title Insurance
Company Title Report No. ST12-16140 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
3
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Pur ose
The parties recognize the environmental, natural, scenic,
conservation and agricultural values of the Protected Property and
have the common purpose of preserving these values by limiting
nonagricultural uses of the Protected Property. This instrument is
intended to convey a Development Rights Easement on the Protected
Property by Grantor to Grantee, exclusively for the purpose of
preserving its character in perpetuity for its environmental, scenic,
agricultural, conservation and natural values by preventing the use or
development of the Protected 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 Govern mental_Recoonition
New York State has recognized the importance of private efforts
to preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law
§247. Similar recognition by the federal government includes §170(h)
of the Internal Revenue Code ("IRC") and other federal statutes.
0.05 Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Protected Property are compatible
with the purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Protected Property's natural,
scenic, conservation, agricultural, and aesthetic resources and
otherwise to aid in identifying and documenting the Protected
Property's agricultural values as of the date hereof, to assist Grantor
and Grantee with monitoring the uses and activities on the Protected
Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Protected
Property's relevant features and conditions (the "Baseline
Documentation"). This Baseline Documentation includes, but need not
be limited to, a survey dated March 4, 2013, last revised April 5, 2013,
prepared by John C. Ehlers Land Surveyor and a Phase 1
4
Environmental Site Assessment prepared by Nelson, Pope and Voorhis,
LLC dated December 26, 2012.
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 Protected 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.
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 Protected Property for
uses or purposes consistent with the terms of this Easement, including
agricultural production as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") now, or as
Chapter 70 may be amended and including the production of crops,
livestock and livestock products as presently defined in §301(2)(a)-(j)
of the New York State Agriculture and Markets Law ("Agriculture and
Markets Law"), now, or as §301(2)(a)-(j) may be amended, provided
said amended provisions are inherently similar in nature to those
5
crops, livestock and livestock products included as of the date of this
Easement. No future restrictions in said laws and/or Code or limitation
in the definitions set forth in said laws and/or Code shall preclude a
use that is permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Protected Property" shall mean the property subject to this
Easement, consisting of part of SCTM* 1000-112-2-1 and 1000-112-
2-2, more fully described in the Schedule "A" attached hereto and
made a part hereof and shown on the survey prepared by John C.
Ehlers Land Surveyor dated March 4, 2013 and last revised April 5,
2013 (a reduced copy of which is attached hereto and made a part
hereof).
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback riding
instruction or the holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or
under the ground or upon another structure or building, including
walkways. Structures shall not include trellis, posts and wiring, farm
roads, farm irrigation systems, nursery mats, or fencing necessary for
agricultural operations or to mark the boundaries of the Protected
Property, including without limitation fencing to keep out predator
animals, including deer. Approvals for those items listed in the
preceding sentence shall be as required by applicable provisions of the
Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the
Protected Property in perpetuity.
1.04 Effect
This Easement shall run with the Protected Property as an
incorporeal interest in the Protected 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
6
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 FIVE HUNDRED FOURTEEN
THOUSAND SIX HUNDRED THIRTY-FOUR AND 00/100 DOLLARS
($1,514,634.00) good and valuable consideration, hereby grants,
releases, and conveys to Grantee this Easement, in perpetuity,
together with all rights to enforce it. Grantee hereby accepts this
Easement in perpetuity, and undertakes to enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3_01_ Structures
No structures may be erected or constructed on the Protected
Property except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and Section 1.02 and Section 4.06 of this
Easement.
3.02 Excavation and Removal of Materials; Mining
Mineral exploitation, and extraction of any mineral (including,
but not limited to soil, gravel, sand and hydrocarbons) by any method,
surface or subsurface, is prohibited. Grantor shall not remove or fill
topsoil, sand, or any other materials, nor shall the topography of the
Protected Property be changed except in connection with the
7
construction and maintenance of any structure or improvement
expressly permitted to be placed or constructed on the Protected
Property, under the terms herein.
Grantor may remove topsoil, sand or other materials for
purposes or erosion control and soil management only with the prior
written approval of Grantee. The Land Preservation Committee has the
right to require a Natural Resources Conservation Service (NRCS) farm
management plan for the Protected Property prior to the removal of
topsoil, sand or other materials, based on the extent and type of
materials removed or on the alteration of the topography of the
Property.
Agricultural practices that are determined to be in accordance
with an NRSC farm management plan shall not be prohibited.
3.03 Subdivision
The subdivision of the Protected Property is prohibited. Although
the legal description of the Protected Property describes more than
one parcel of land that can be conveyed separately, Grantor hereby
covenants and agrees the Protected Property shall be held, in fee, as
an undivided tract of land in perpetuity, and any and all subsequent
conveyances of the Protected Property, regardless of the number of
underlying individual parcels encumbered by this Conservation
Easement, shall be conveyed as a single tract of land. This limitation
on subdivision shall be binding upon Grantor, Grantor's successors,
heirs and assigns. The legal or de facto division, subdivision, platting,
partitioning or planned unit development of the Protected Property is
prohibited. This restriction does not prohibit boundary line adjustments
with adjoining agricultural land, provided that such boundary line
adjustments do not result in any loss of acreage to the Protected
Property, and that no new parcel may be created by such boundary
line adjustments.
The provisions of this section 3.03 are subject to a further
Declaration of Covenants and Restrictions, recorded simultaneously
with this Easement.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
8
chemical waste on the Protected Property shall be prohibited. This
prohibition shall exclude materials used in the normal course of sound
agricultural practices on the Protected Property, including fertilization,
composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Protected Property
and only for any of the following purposes: (a) to state the name of
the Protected Property and the names and addresses of the occupants
and the character of the business conducted thereon, (b) to
temporarily advertise the Protected Property or any portion thereof for
sale or rent, (c) to post the Protected 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 granting of easements for utilities and installation of new
utilities (power lines, gas lines, sewer lines, water lines,
telecommunications towers, and wind farms) is prohibited as an
encumbrance on the protected property rights of the United States.
Notwithstanding that prohibition, grantor may grant easements for the
installation of utilities necessary for permitted uses of the protected
property, including without limitation the wind turbine and associated
utility lines described below, provided that such installation is
consistent with the purposes of this conservation easement and is
done in such a manner as to minimize to the greatest extent possible
impact on soils. Existing utilities may be replaced or repaired at their
current location.
The creation or placement of overhead utility transmission lines,
utility poles, wires, pipes, wells or drainage systems ("utilities") on the
Protected Property to service structures approved pursuant to Section
4.06 shall be prohibited without the prior written consent of the
Grantee. Underground utilities must, to the extent possible, be
constructed within 30 feet of the centerline of any roads or driveways,
and may be used solely to service the permitted structures on the
Protected Property. The Protected Property may not be used for the
9
creation or placement of utilities to service any other properties,
except as provided below.
Grantor shall also have the right to erect a wind turbine on the
Protected Property, subject to all applicable Town and other
governmental laws and regulations, including approval by the Land
Preservation Committee. Energy generated from such wind turbine, if
approved, may be used to service the Protected Property, the Reserve
Area, and adjacent properties to the south and east, including SCTM
#1000-120-5-1, 1000-121-1-1.3, and 1000-121-1-1.6, and provided
the use is related to agricultural production, including without
limitation, greenhouse, agricultural storage and maintenance
buildings, wine storage and winery.
3.07 Impervious Surfaces
Impervious surfaces are defined to include permitted residential
buildings, agricultural buildings (with or without flooring), and paved
areas on the Protected Property (but not including public or country
roads or other roads paved by easement holders who have rights that
may be superior to the rights conveyed to Grantee by this Grant of
Development Rights Easement) may not exceed eight percent (8%) of
the total Protected Property acreage.
3.08 Prohibited Uses
Except for uses specifically permitted by this Easement, the use
of the Protected Property or structures on it for any residential,
commercial or industrial uses, permanent or temporary, including but
not limited to a riding academy, shall be prohibited. For the purposes
of this section, agricultural production, as that term is presently
referenced in §247 of the General Municipal Law and/or defined in
Chapter 70 of the Town Code, now or as Chapter 70 may be amended,
and including the production of crops, livestock and livestock products
as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now
or as said §301 (2)(a)-(j) may be amended, provided said amended
provisions are inherently similar in nature to those crops, livestock and
livestock products included as of the date of this Easement, shall not
be considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
10
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 Protected 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 Protected Property.
3.09 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the NRCS.
1.10 Conservation Plan
All agricultural operations on the Protected Property shall be
conducted in a manner consistent with a resource management
system (RMS) Conservation Plan (the "Conservation Plan") prepared
by the NRCS utilizing the standards and specifications of the NRCS
Field Office Technical Guide, 7 CFR Part 12 and approved by the
Suffolk County Soil and Water Conservation District. All lands enrolled
in the Farm and Ranch Lands Protection Program will be subject to the
Conservation Plan. The resource management system for cropland,
prescribed in the Conservation Plan for all cropland enrolled in FRPP,
will assure that selected conservation practice alternatives will prevent
sheet and rill erosion from exceeding the current published soil loss
tolerance level.
Grantor shall give Grantee copies of the Conservation Plan upon
request and advise Grantee of amendments thereto so as to enable
Grantee to keep its records current.
3.11 Conservation Compliance Provisions of the Conservation Plan
As required by Section 12381 of the Food Security Act of 1985,
as amended, the Grantor, its heirs, successors, or assigns, shall
conduct all agricultural operations on the Protected Property in a
li
manner consistent with a conservation plan (the "Conservation Plan")
prepared in consultation with NRCS and approved by the Suffolk
County Soil and Water Conservation District. This Conservation Plan
shall be developed using the standards and specifications of the NRCS
Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in
effect on the date of this Easement. However, the Grantor may
develop and implement a conservation plan that proposes a higher
level of conservation and is consistent with the NRCS Field Office
Technical Guide standards and specifications. NRCS shall have the
right to enter upon the Protected Property, with advance notice to the
Grantor, in order to monitor compliance with the Conservation Plan.
In the event of noncompliance with the Conservation Plan, NRCS
shall work with the Grantor to explore methods of compliance and give
the Grantor a reasonable amount of time, not to exceed twelve
months, to take corrective action. If the Grantor does not comply with
the Conservation Plan, NRCS will inform Grantee of the Grantor's
noncompliance. The Grantee shall take all reasonable steps (including
efforts at securing voluntary compliance and, if necessary, appropriate
legal action) to secure compliance with the Conservation Plan following
written notification from NRCS that (a) there is a substantial, ongoing
event or circumstance of non-compliance with the Conservation Plan,
(b) NRCS has worked with the Grantor to correct such noncompliance,
and (c) Grantor has exhausted Its appeal rights under applicable NRCS
regulations.
Grantor shall be liable for any costs incurred by NRCS as a result
of the Grantor's negligence or failure to comply with the conservation
easement requirements as it relates to conservation plan violations.
If the NRCS standards and specifications for highly erodible land
are revised after the date of this Easement based on an Act of
Congress, NRCS will work cooperatively with the Grantor to develop
and implement a revised conservation plan. The provisions of this
section apply to the highly erodible land conservation requirements of
the Farm and Ranch Lands Protection Program and are not intended to
affect any other natural resources conservation requirements to which
the Grantor may be or become subject.
3.12 _Draina e
The use of the Protected Property for a leaching or sewage
disposal field shall be prohibited. The use of the Protected Property for
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a drainage basin or sump shall be prohibited, except in accordance
with sound agricultural management practices and the Conservation
Plan and in order to control flooding or soil erosion on the Protected
Property.
3.13 Development Rights
The use of the acreage of this Protected Property for purposes of
calculating lot yield on any other Protected Property shall be
prohibited. Grantor hereby grants to Grantee all existing development
rights (and any further development rights that may be created
through a rezoning of the Protected Property) on the Protected
Property, except for the right to use the Protected Property for
agricultural production as set forth in Article Four below and the right
to construct, maintain and replace any pre-existing structures, and to
construct new structures, as such rights may be provided in Section
4.06, and the parties agree that any other such development rights
shall be terminated and extinguished and may not be used or
transferred to any other parcels.
3.14 Roads
Existing roads, as identified in the Baseline Documentation
Report may be maintained and repaired in their current state. New
roads may be constructed only if they are necessary for agricultural
operations on the Protected Property. Paved roads are subject to the
impervious limitation in section 3.07.
3.15 Fences
Existing fences may be repaired and replaced and few fences
built on the Protected Property as necessary for agricultural operations
on the Protected Property, including customary management of
livestock and to delineate the boundary of the Protected Property,
subject to applicable provisions of the Town Code.
3.16 Motorized Vehicle Use
Grantor may not use motor vehicles on the Protected Property or
grant permission for such use except as necessary in the
accomplishment of the agricultural, forestry, habitat management, law
enforcement and public safety, or other permitted uses of the
Protected Property, provided that no use of motorized vehicles may
13
create impacts that are detrimental to the productivity of the soils on
the Protected Property and the purposes of this Conservation
Easement; however, notwithstanding the foregoing, use of
snowmobiles on snow is allowed on the Protected Property.
3.17 Industrial or Commercial Uses
The establishment of any commercial or industrial facilities is
prohibited (other than those necessary in the operation or uses of the
Protected Property expressly permitted by this Conservation Easement
Deed) including but not limited to, commercial feed lot, any retail sales
or service business, restaurant, night club, campground, trailer park,
motel, hotel, commercial recreation facility, gas station, retail outlet,
or facility for the manufacture or distribution of any product, other
than products to be grown or produced on the Protected Property in
connection with the purposes expressly permitted in this Conservation
Easement Deed.
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 Protected 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 Protected Property.
4.03 Use
Grantor shall have the right to use the Protected 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 Protected 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.
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Grantor shall also have the right to use the Protected Property for
composting, with use of the compost product limited to farm operations
owned and operated by Joseph T. Macari, Sr., Joseph T. Macari, Jr.,
either of their spouses or children, or entities of which any such
persons hold a majority interest, or is a current or contingent
beneficiary, or a Grantor Trust created by any of them for benefit of
any such persons, or other successors who have the same relationship
and use all such properties as a related agricultural operation. Grantor
shall also have the right to use the Protected Property for traditional
private recreational uses, provided such recreational uses are
conducted for the personal enjoyment of Grantor, are compatible with
farming, and are otherwise consistent with and do not derogate from or
defeat the Purpose of this Easement or other applicable law. These uses
shall not be offered or provided for sale or for other 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 Protected 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 clear wooded
areas for agricultural production in accordance with the Town Code, to
thin and prune trees to maintain or improve the appearance of the
Protected Property, and to mow the Protected 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
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or
as Chapter 70 may be amended, and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now, or as §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in
nature to those crops, livestock and livestock products included as of
the date of this Easement. No future restrictions in said laws and/or
Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or
Code.
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Grantor may offer "U-Pick" operations and/or the use of a corn
or other crop maze to the general public, provided such activities are
conducted in conjunction with seasonal harvests, do not Interfere with
agricultural production and are otherwise consistent with and do not
derogate from or defeat the Purpose of this Easement or other
applicable laws.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited, except as set forth in §4.06 herein and as
permitted by the Town Code now or in the future on agricultural lands
protected by a development rights easement or other conservation
instrument, including but not limited to farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to
erect and maintain the following structures and improvements on the
Protected Property, as may be permitted by the Town Code, now or as
may be amended, and subject to the approval of the Town of Southold
Land Preservation Committee, provided the structures are consistent
with and do not derogate from or defeat the Purpose of this Easement
or other applicable laws:
(i) Underground facilities used to supply utilities
solely for the use and enjoyment of the Protected
Property and agricultural operations on adjacent
properties;
(ii) Construction of new structures, including a wind
turbine, provided such structures are necessary
for or accessory to agricultural production; Lot
coverage with impervious surfaces shall be limited
to 8% of the area of the Protected Property;
(iii) 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;
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(iv) Any improvement excluded from the definition of
"structure" in Section 1.02.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment. Grantor
shall employ erosion and sediment control measures to mitigate any
storm water runoff, including but not limited to minimal removal of
vegetation, minimal movement of earth and minimal clearance of
access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or improvements built or permitted pursuant to
this Section 4.06 impractical, erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location, subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
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 Protected Property but only subject to this
Easement. Grantor shall promptly notify Grantee and the United
States Secretary of Agriculture of any conveyance of any interest in
the Protected 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
17
shall specifically set forth that the interest thereby conveyed is subject
to this Easement, without modification or amendment of the terms of
this Easement, and shall incorporate this Easement by reference,
specifically setting for the date, office, liber and page of the recording
hereof. The failure of any such instrument to comply with the
provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the
Protected Property. Any such further restrictions shall be consistent
with and in furtherance of the general intent and purpose of this
Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Protected Property, including any taxes or levies imposed
to make those payments subject, however, to Grantor's right to grieve
or contest such assessment. The failure of Grantor to pay all such
taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests
acquired herein by Grantee.
5.02 General Indemnification
Grantee and the United States have no obligations whatsoever,
express or implied, relating to the use, maintenance or operation of
the Protected Property. Grantee's or the United States' exercise of, or
failure to exercise, any right conferred by this Easement shall not be
deemed to be management or control of the activities on the Protected
Property. Grantee shall not be liable to Grantor for injuries or death to
persons or damage to property or any other harm in connection with
Grantee's administration and/or enforcement of this Easement, unless
such harm is due to the negligence of Grantee or its agents, in which
case liability shall be apportioned accordingly.
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Grantor shall indemnify and hold harmless Grantee and the
United States, their employees, agents and assigns from any and all
liabilities, claims, demands, losses, expenses, damages, fines, fees,
penalties, suits, proceedings, actions and costs of actions, sanctions
asserted by or on behalf of any person or governmental authority, and
other liabilities (whether legal or equitable in nature and including,
without limitation, court costs, and reasonable attorneys' fees and
attorneys' fees on appeal) to which Grantee or the United States may
be subject or incur relating to the Protected Property, which may arise
from, but are not limited to, Grantor's negligent acts or omissions or
Grantor's breach of any representation, warranty, covenant, or
agreements contained in this instrument, or violations of any Federal,
State or local laws, including all Environmental Laws, as defined below.
5.02A Environmental Warranty
"Environmental Law" or "Environmental Laws" means any and all
Federal, State, local or municipal laws, rules, orders, regulations,
statutes, ordinances, codes, guidelines, policies or requirements of any
governmental authority regulating or imposing standards of liability or
standards of conduct (including common law) concerning air, water,
solid waste, hazardous materials, worker and community right-to-
know, hazard communication, noise, radioactive material, resource
protection, subdivision, inland wetlands and watercourses, health
protection and similar environmental health, safety, building and land
use as may now or at any time hereafter be in effect.
"Hazardous Materials" means any petroleum, petroleum
products, fuel oil, waste oils, explosives, reactive materials, ignitable
materials, corrosive materials, hazardous chemicals, hazardous
wastes, hazardous substances, extremely hazardous substances, toxic
substances, toxic chemicals, radioactive materials, infectious materials
and any other element, compound, mixture, solution or substance
which may pose a present or potential hazard to human health or the
environment.
Grantor warrants that it is in compliance with, and shall remain
in compliance with, all applicable Environmental Laws. Grantor
warrants that there are no notices by any governmental authority of
any violation or alleged violation of, non-compliance or alleged non-
compliance with or any liability under any Environmental Law relating
to the operations or conditions of the Protected Property. Grantor
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further warrants that it has no actual knowledge of a release or
threatened release of Hazardous Materials on, at, beneath or from the
Protected Property, as such substances and wastes are defined by
applicable Federal and State law.
Moreover, Grantor hereby promises to hold harmless and
indemnify the Grantee and the United States against all litigation,
claims, demands, penalties and damages, including reasonable
attorneys' fees, arising from or connected with the release or
threatened release of any Hazardous Materials on, at, beneath or from
the Protected Property, or arising from or connected with a violation of
any Environmental Laws by Grantor or any other prior owner of the
Protected Property. Grantor's indemnification obligation shall not be
affected by any authorizations provided by Grantee or the United
States to Grantor with respect to the Protected Property or any
restoration activities carried out by Grantee at the Protected Property;
provided, however, that Grantee shall be responsible for any
Hazardous Materials contributed after this date to the Protected
Property by Grantee.
5.03 Grounds Maintenance Requirement
If Grantor leaves the Protected Property open and does not
engage in agricultural production for two (2) consecutive years, then
Grantor shall implement a Natural Resources Conservation Plan (the
"Plan") approved by Grantee, including the Land Preservation
Committee, to maintain or restore the Protected Property to the
condition in which it existed on the date of this Easement, as
evidenced by the documentation referred to in Section 0.05, in order
to protect the environmental, natural, scenic, conservation and
agricultural values of the Protected Property. This shall not include
restoration of trees on formerly wooded areas which were cleared for
agricultural production. In the event Grantor fails to comply with the
provisions of this section after reasonable written notice is given to
Grantor by Grantee, then, in addition to all other remedies set forth
herein, Grantee or its agents are hereby authorized to enter upon the
Property to implement the Plan, and to recover the costs of such
implementation from Grantor, as provided in Section 5.02 and Section
6.03.
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ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and_InsRection
Grantee shall have the right to enter upon the Protected
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 Protected Property, for the purpose of inspection to determine
whether this Easement and its purposes and provisions are being
upheld, and not more frequently than annually without Grantor's
consent. Representatives of the United States Department of
Agriculture shall also have the right to enter the Protected Property for
monitoring conservation plan implementation, upon prior notice to
Grantor and not more frequently than annually without Grantor's
consent. Grantee shall not have the right to enter upon the Protected
Property for any other purposes, except as provided in Section 5.03
and 6.03, or to permit access upon the Protected Property by the
public.
6.02 Restoration
In addition to Grantee's remedies under Section 5.03, Grantee
shall have the right to require the Grantor to restore the Protected
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
Protected Property resulting from causes beyond the Grantor's control,
including, without limitation, fire, flood, storm, earth movement, wind,
weather, disease, animal or pest action, or from any prudent action
taken by the Grantor under emergency conditions to prevent, abate,
or mitigate significant injury to persons or to the Protected Property or
crops, livestock or livestock products resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at
law for any violation of this Easement may be inadequate. Therefore,
in addition to, and not as a limitation of, any other rights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantor's
21
part to be observed or performed pursuant to this Easement is not
cured by Grantor within thirty (30) days' written notice thereof by
Grantee (which notice requirement is expressly waived by Grantor with
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at Grantor's
sole cost and expense and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Protected 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 Protected Property affected by such breach,
default or violation to the condition that existed prior
thereto, or
(iii) To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
The cure period in the Section 6.03 may be extended for a
reasonable time by Grantee if such restoration cannot reasonably be
accomplished within thirty (30) days.
Grantor shall pay either directly or by reimbursement to Grantee
and/or to the United States of America, all reasonable attorneys' fees,
court costs and other expenses incurred by Grantee or the United
States of America (herein called "Legal Expenses") in connection with
any proceedings under this Section, as approved by the Court.
22
Under this Grant of Development Rights Easement, the United
States is granted the right of enforcement in order to protect the
public interest. The Secretary of the United States Department of
Agriculture (the Secretary) or his or her assigns, on behalf of the
United States, may exercise this right of enforcement under any
authority available under State or Federal Law if the Town of Southold,
or its successors or assigns, fails to enforce any of the terms of this
instrument, as determined in the sole discretion of the Secretary.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or by registered or certified mail, return
receipt requested, with sufficient prepaid postage affixed and with
return receipts requested. Mailed notice to Grantor shall be addressed
to Grantor's address as recited herein, or to such other address as
Grantor may designate by notice in accordance with this Section 6.04.
Mailed notice to Grantee shall be addressed to its principal office,
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04.
Where notice is required to the United States of America or to
the NRCS, such notice shall be delivered to U.S. Department of
Agriculture, NRCS, c/o Commodity Credit Corporation, State
Conservationist, The Galleries of Syracuse, 441 South Salina Street,
Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall
be deemed notice to the United States of America.
Notice shall be deemed given and received as of the date of its
manual delivery or three business days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
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6.06 Extinguishment of Easement/Condemnation
The interest of the United States in this Easement is a vested
property right that cannot be condemned by State or local
governments and may not be extinguished, terminated or condemned
without the express written consent of the United States. No
proceeding to extinguish, terminate or condemn this Easement in
whole or in part shall be commenced without advance notice to NRCS
and the express written consent of the United States.
At the mutual request of Grantor and Grantee and the United
States of America, a court with jurisdiction may, if it determines that
conditions surrounding the Protected 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
Protected Property shall not be construed to be grounds for
extinguishment of this Easement.
If at any time the Protected Property or any portion thereof shall
be taken or condemned by eminent domain, then this Easement shall
terminate with respect to the Protected Property, or portions thereof
so taken or condemned, and the Protected Property shall not be
subject to the limitations and restrictions of this Easement. In such
event, NRCS will collect Commodity Credit Corporation's share of the
conservation easement based on the appraised fair market value of
the conservation easement at the time the easement is extinguished,
terminated or condemned. The Commodity Credit Corporation's share
will be in proportion to its percentage of original investment. In the
event of a condemnation action, approved and consented to by the
United States, the Grantor, its successors or assigns, shall not be
required to pay any penalties.
ARTICLE _SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
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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, with the written approval of
the Secretary of the United States Department of Agriculture, provided
however, that Grantee shall have no right or power to agree to any
amendment hereto that would result in this Easement failing to qualify
as a valid conservation easement under Article 49, Title 3 of the
Environmental Conservation Law of the State of New York, as the
same may be hereafter amended, or any regulation issued pursuant
thereto.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequent amendment of the provisions of the Town Code shall alter
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States of America shall also consent to any
such alienation.
In addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, to transfer all or part of this Easement to
any public agency, or private non-governmental organization, that at
25
the time of transfer is a "qualified organization" under §170(h) of the
Internal Revenue Code, provided that transferee expressly agrees to
assume the responsibility imposed on the Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner, and the United States Department of Agriculture,
NRCS. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public
agency that agrees to assume the responsibilities imposed by this
Easement. The United States Department of Agriculture, NRCS, will be
notified in writing in advance of such transfer. The NRCS State Office
must approve the choice of any new non-governmental organization in
advance of any transfer of this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities,
which is determined to be invalid or unenforceable by a court, shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make It enforceable and
effective. Any other provision of this Easement that is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7.05 Governing Law
New York law applicable to deeds to and easements on land
located within the State of New York shall govern this Easement in all
respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 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 consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Protected Property shall not apply in
26
the construction or interpretation of this Easement, and this Easement
shall be interpreted broadly to effect the purposes of this Easement as
intended by the parties. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantor has
restricted and limited its right to use the Protected 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
Protected Property, or to use images of the Protected Property.
Grantee may use images of the Protected Property only for non-
commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
7.11 Proceeds
The grant of this Easement gives rise to a property right,
immediately vested in Grantee and the United States, which, for
purposes of calculating proceeds from a sale or other disposition of the
Protected Property as contemplated under Section 6.06
(Extinguishment of Easement), shall have a value equal to a
percentage of the value of the Protected Property unencumbered by
this Easement (the "Proportionate Share"). If this Conservation
Easement is extinguished, terminated, or condemned, in whole or in
part, then the Grantor must reimburse the Grantee an amount equal
27
to the greater of 1) the Proportionate Share of the fair market value of
the Protected Property unencumbered by this Conservation Easement
at the time of conveyance or 2) the value of the conservation
easement based on the appraised fair market value of the
conservation easement at the time the easement is extinguished or
terminated. However, NRCS will collect the Commodity Credit
Corporation's share of the conservation easement based on the
appraised fair market value of the conservation easement at the time
the easement is extinguished or terminated. The Commodity Credit
Corporation's share will be in proportion to its percentage of original
investment.
7.12 Merger
In the event that the Grantee(s) or the United States takes legal
title to Grantor's interest in the Protected Property, the Grantee must
commit the monitoring and enforcement of the Conservation Easement
to another qualified organization within the meaning of Section
107(h)(3) of the United States Internal Revenue Code (1986), as
amended, which organization has among its purposes the conservation
and preservation of land and water areas.
7.13 Subsequent Liens on Protected Property
No provision of this Conservation Easement should be construed
as prohibiting the ability of Grantor to use the Protected Property as
collateral for a subsequent borrowing. Any subsequent liens on the
Protected Property must be subordinate to this Conservation
Easement.
IN WITNESS WHEREOF, Grantor has executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
MACARI FARMS, LLC, Grantor
BERGEN ROAD CORN R TRUST, Member
B SEPH T. MAC JR., Co-Trustee
28
BY: DIANE MACARI, Co-Trustee
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUT D, Grantee
BY:
SC A. RUSSELL, SUPERVISOR
Acceptance of Property Interest by the Natural Resources
Conservation Service
The Natural Resources Conservation Service, United States
Department of Agriculture, an agency of the United States
Government, hereby accepts and approves the foregoing Grant of
Development Rights Easement, and the rights conveyed therein, on
behalf of the United States of America.
Authorized Sig ory for the NRCS
Dennis A. DeWeese, Acting State Conservationist
STATE OF NEW YORK )
COUNTY OF 96VO /AA/vI6~ SS:
On this i o day of September in the year 2013 before me, the
undersigned, personally appeared Dennis A. DeWeese, personally
known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument
and acknowledged to me that he executed the same in his capacity,
and that by his signature on the instrument, the individual, or the
person upon behalf of which the individual acted, executed the
instrument.
KIMBEMY k STINSON
Notary Public
otary Pubc No. OIS5089252
29 County of Madison, State of N.Y.
Commission FTres:
December 8,
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On the jOiLday of September in the year 2013 before me, the
undersigned, personally appeared Joseph T. Macari, Jr., personally
known to me or proved to me on the basis of satisfactory evidence to be
the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that
by his signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
~~~dQI X~ \S%QX-CO>~
Signature/office of individual taking acknowledgement
PATRICIA L. FALLON
STATE OF NEW YORK Notary Public, State Of New York
No. CIFA4950146
COUNTY OF SUFFOLK ) SS: Oualiflad In Su I:k County
Commission Expires April 24,
On the day of September in the year 2013 before me, the
undersigned, personally appeared Diane Macari, personally known to me
or proved to me on the basis of satisfactory evidence to be the individual
whose name is subscribed to the within instrument and acknowledged to
me that she executed the same in her capacity, and that by her
signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
-&A-a.P-ll n.'
Signature/office of individual taking acknowledgement
PATRICIA L. FALLON
STATE OF NEW YORK) Notary Puo Iti, state of46wYork
COUNTY OF SUFFOLK) SS: Qualified in Suldk Gof z
Commission Expires Ap
On this 164-day of September in the year 2013 before me, the
undersigned, personally appeared Scott A. Russell, personally known
to me or proved to me on the basis of satisfactory evidence to be the
individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and
that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
Notary Public
PATRICIA L. FALLON
Notary Public, State Of New York
30 No. 01FA4950146
Qualified in Suftofk County
Commission Expires April 24, XJlr
® ~y NEW YORK METRO
stewart = ¦ 800-853-4603
212-922-1593 tax
title insurance company stewartnewyork.com
SCHEDULE A - DESCRIPTION
Title No.: ST12-16140
AMENDED 9/9/2013
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk, State of New York, bounded and described as follows:
BEGINNING at the comer formed by the intersection of the southerly side of Bergen Avenue with the
easterly side of Bergen Avenue;
RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00
seconds East 1,492.24 feet to lands now or formerly of Pindar Associates;
THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold,
South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. I as shown on Subdivision Plat of
Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land the following two (2) courses and distances:
South 75 degrees 24 minutes 50 seconds West 824.90 feet;
South 72 degrees 31 minutes 40 seconds West, 274.45 feet to the Reserve Area;
THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet;
THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen
Avenue;
THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West
490.07 feet to the corner aforesaid at the point or place of BEGINNING.
PARCEL I -1000-112.00-02.00-001.000 - For information only - not to be insured
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk, State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the
easterly side of Bergen Avenue;
RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00
seconds East 670.24 feet;
THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on
Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land, South 72 degrees 31 minutes 40 seconds West 668.78 feet to the easterly side
of Bergen Avenue;
THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West
707.54 feet to the corner aforesaid at the point or place of BEGINNING, excepting Reserve Area
described below.
PARCEL II -1000-112.00-02.00-002.000 - For information only - not to be insured
ALL 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 southerly side of Bergen Avenue distant 670.24 feet easterly from the
comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen
Avenue;
RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen
Avenue 822.00 feet to lands now or formerly of Pindar Associates;
THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold,
South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of
Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet;
THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen
Avenue, at the point or place of BEGINNING.
RESERVE AREA - For information only - not to be insured
Development rights not conveyed. Excluded from Protected Property.
ALL that certain plot, piece or parcel of land, situate, lying and being at Matti tuck,, Town of Southold,
County of Suffolk, and State of New York, bounded and described as follows:
BEGINNING at a point on the easterly side of Bergen Avenue distant 490.07 feet southerly from the
comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen
Avenue;
RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet;
THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on
Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side
of Bergen Avenue;
THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or
place of BEGINNING.
2
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6RA°1tlL X.4! 1'.IW' OR
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ALTA Owner's Policy (6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
Stewart
title insurance company
Any notice of claim and any other notice or statement In Writing required to be given the Company under this Policy must be
given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the'Company7 insures, as of Date of Policy and, to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the insured by reason of:
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;
(it) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Titre not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered;
(iv) failure to perform those ads 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
(A) a document not pmpedy filed, recorded, or indexed in the Public Records including failure to perform those ads 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 disposed by an
accurate and complete It survey of the Lard. The term 'encroachment" Includes encroachments of existing improvements located
on the Lard onto adjoining lard, 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 part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the tights of a purchaser for value without Knowledge.
Countersigned: 0A, President
Stewart Title Insurance Company
New York, New York ry
part 1 Of
Policy
Serial No. 0-8911-620992
II you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014. N you make a claim under your
polity, you must furnish written notice in accordance with Section 3 of the conditions. Visit our Word-Wide Web site at httu>/www StM W WY nit
File No.: ST12-16140
COVERED RISKS (Continued)
9. Title being vested other than as stated in Schedule A or being defective (i) to be timely, or
(a) as a result of the avoidance in whole 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 or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter Included
vesting Tide 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 or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy
bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer In the
(b) because the instrument of transfer vesting Title as shown in Pudic Records that vests Tide 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' rights laws by defense of any matter insured against by this Policy, but only to the extent
reason of the failure of its recording in the Public Records provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from to coverage of this policy, (b) not Known 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 riot disclosed
expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date
1. (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this polity;
those relat rg o building and zoning) restricting, regulating, prohibiting, or (c) resultng in no loss or damage to the Insured Claimant;
relating to (d) attaching or created subsequent to Date of Policy (however, this
(i) the occupancy, use, or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk
(it) the character, dimensions, or location of any improvement 9 and 10); or
erected on the Land; (e) resulting in loss or damage that would not have been sustained if
oil) 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 effect of any violation of time laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting
regulations. This Exclusion 1(a) does not modify or limit the coverage provided the Title as shown in Schedule A, Is
under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or
(b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in 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 den on the Title for real estate taxes or assessments imposed by
coverage provkled under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Polley
3. Defects, dens, 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 Claimant; Public Records that vests Tide as shown in Schedule A.
CONDITIONS
1. DEFINITIONOFTERMS Insured named in Schedule A for estate planning
The following terms when used in this policy mean: - purposes.
(a) -Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to (A), (B), (C), and (D) reserving, however, all
may be increased or decreased by endorsement to this policy, rights and defenses as to arty successor that the Company
increased by Section B(b), or decreased by Sections 10 and 11 would have had against
of these Condtions. any predecessor Insured.
(b) `Date of Policy,: (e) "Insured Claimant": An Insured claiming loss or damage,
The date designated as `Date of Polic' in (f) "Knowledge" or "Known": Actual knowledge, not constructive
Schedule A. knowledge or notice that may be imputed to an Insured by
(c) `Entity': A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart
company, er other stroller legal entity. constructive notice of matters affecting the Time.
(d) "Insured": The Insured named in Schedule A. (g) "Land". The land described in Schedule A, and affixed
(t) The term "Insured" also includes improvements that by law constitute real property. The term
(A) successors to the Title of the Insured by operation of "land" does no include any property beyond the lines of the
law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, Interest,
devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads, avenues, alleys,
next of kin; lanes, ways, or waterways, but this does not modify or Emit the
(B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Lard is insured by
consolidation, distribution, or reorganization; this policy.
(C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other _
kind of Entity; security, instrument, including one evidenced by electronic
(D) a grantee of an Insured under a deed delivered means authorized by law.
witout payment of actual valuable consideration (i) "Pudic Records": Records established under state statutes at
conveying the Tolle Date of Policy for the purpose of imparting constructive notice of
(1) it the stock, shares, memberships, or other equity matters relating to real property to purchasers for value and
interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public
named Insured, Records" shall also include environmental protection liens filed
(2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for
(3) if the grantee is wholly-ousted by an affiliated the district where the Land is located.
Entity of the named Insured, provided the affiliated (f) °Titlo": The estate or interest described in Schedule A.
Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent
by the same person or Entity, or matter that would permit a prospective purchaser or lessee of
(4) if the grantee is a trustee or beneficiary of a trust the Title or tender on the Title to be released from the obligation
seated by a written instrument established by the to purchase, Jesse, or lend it there is a contractual condition
requiring the delivery of marketable title.
Pa e 2 Serial No.: 0-8911-620992
File No.: STI2-16140
CONDITIONS (Continued)
2 CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or
The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful
in favor of an Insured, but only so krg as the Insured retains an act that in the opinion of the Company may be necessary or
estate or Interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If
purchase money Mortgage given by a purchaser from the Insured, or the Company is prejudiced by the failure of the Insured to
only so kxrg as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to
in any transfer or conveyance of the Title. This policy shall not the Insured urMer the policy shall terminate, including any
continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any
(i) an estate or interest in the Land, or (it) an obligation secured by a litigation, with regard to the matter or matters requiring such
purchase money Mortgage given to the Insured. cooperation.
(b) The Company may reasonably require the Insured Claimant to
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized
The Insured shall notify the Company promptly in writing (t) in case of representative of the Company and to produce for examination,
any litigation as set forth in Section 5(a) of these Conditions, (it) in inspection, and copying, at such reasonable times and places
case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the
title or Interest that is adverse to the Title, as insured, and that might Company, all records, in whatever medium maintained,
cause loss or damage for which the Company may be liable by virtue including books, ledgers, checks, memoranda, correspondence,
of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a
Unmarketable Title. If the Company Is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to
Insured Claimant to provide prompt notice, the Company's liability to the loss or damage. Furtl>ey If requested by any authorized
the Insured Claimant under the policy shag be reduced to the extent representative of the Company, the Insured Claimant shag grant
of the prejudice. its permission in writing, for any authorized representative of
the company to examine, Inspect, and copy all of these records
4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain
In the event the Company is unable to determine the amount of loss to the loss or a damage. the Company may, at its option, require as a condition of Wrilidential by the Insured Claimant Information provided it* reed as
payment that the Insured Claimant furnish a signed proof of loss. pursuant to this Section shell not be disclosed to others n~Y
The proof of loss must describe the defeat, lien, encumbrance, or in the reasonable judgment of the Company, It is necessary in
other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant
of loss or damage and shag state, to the extent possible, the basis of to submit for examination under oath, produce any reasonably
calculating the amount of the loss or damage. requested Information, or gram permission to secure reasonably
5. DEFENSE AND PROSECUTION OF ACTIONS subsection, uinformation nless pro from third des as required i this
pro illy of law governmental ntal regulation,
(a) Upon written request by the Insured, and subject to the options shag terminate any paMgy of the Company under this policy as
contained in Section 7 of these Conditions, the Company, at its to that claim.
own cost and without unreasonable delay, shag provide for the
defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY
TMs obligation is limited to only those stated causes of action In case of a claim Under this policy, the Company shag have the
alleging matters insured against by this policy. The Company following additional options:
shall have the right to select counsel of its choice (subject to the (a) To Pay or Tender Payment of the Amount at Insurance. To pay
right of the Insured to object for reasonable cause) to represent or tender payment of the Amount of Insurance under this policy
the Insured as to those stated causes of action. It shag not be together with any costs, attomeys' fees, and expenses incurred
liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company
Company will net pay any, fees, costs, or expenses trimmed by up to the time of payment or tender of payment and that the
the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the
matters not insured against by this policy. Company of this option, all liability and obligations of the
(b) The company shall have the right, in addition to the options Comparry to the Insured under this policy, other than to make
contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate,
institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or
other act that in Its opinion may be necessary or desirable to continue any litigation.
establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured
damage to the Insured. The Company may take any or With the Insured Claimant.
appropriate action under the terns of this policy, whether or not (i) To pay or otherwise settle with other parties for or in the
it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against
shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any
this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses Incurred by the
subsection, it most do so diligently. Insured Claimant that were authorized by the Company up
(c) Whenever the Company brings an action or asserts a defense to the time of payment and that the
as required or permitted by this policy, the Company may to pay; or Company is obligated
pursue the litigation to a final determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the
competent jurisdiction, and it expressly reserves the right, in its loss or damage provided for under this policy, together
sole discretion, to appeal any adverse judgment or order. with any costs, attorneys' fees, and expenses incurred by
of t that were authorized he the Company
to the d Claimant
6. DUTY OF INSURED CLAIMANT TO COOPERATE u the
(a) In all cases where this policy payment and that the Company is
to Prosecute or permits or requires the Company obligated to pay.
provide for the defense of any action or Upon the exercise by the Company of either of the options
proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(() or (a), the Company's
Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss
action or proceeding, including the right to use, at its option, the or damage, other ten the payments required to be made, shall
name of the Insured for this purpose. Whenever requested by terminate, including any liability or ~Ion to defend,
the Company, the Insured, at the Company's expense, shall prosecute, or continue any litigation.
give the Company all reasonable aid (I) in securing evidence,
Pa e 3 Serial No.: 0-8911-620992
File No.: ST12-16140
CONDITIONS (Continued)
8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does
This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company
damage sustained or incurred by the Insured Claimant who has shall defer the exercise of its right to recover until after the
suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss.
policy. (b) The Company's right of subrogation includes the rights of the
(a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance,
this policy shall not exceed the lesser of or bonds, notwithstanding any terms renditions contained in
those insinumerts that address subroga ation rights.
(ii) the difference between the value of the Tide as insured
and the value of the Title subject to the risk insured 14. ARBITRATION
against by this policy. Either the Company or the Insured may demand that the claim or
(b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title
Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Lard Title Association
insured, ('Rules'). Except as provided in the Rules, there shall be no joinder
(i) the Amount of Insurance shag be increased by 10%, and or consolidation with claims or controversies of other persons.
(ii) the Insured claimant shall have the right to have the loss Arbitrable matters may Include, but are not limited to, any controversy
or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or
made by the Insured Claimant or as of the date it is settled relating to this policy, any service in connection with its issuance or
and paid. the breach of a policy provision, or to any other controversy or claim
(c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable
Company will also pay those costs, attomeys' fees, and matters when the Amount of Insurance is $2,000,000 or less shall be
expenses Incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All
Conditions. arbitrable matters when the Amount of Insurance is In excess of
LIMITATION OF LIABILITY $2,000,000 shall be arbitrated orgy when agreed to by both the
9. LIMITATION Company
(a) It the Company establishes the Title, or removes the and the Insured. Arbitration pursuant this policy alleged weer the Rules shad finding upon the parties, . Judgment nt upon
pon
defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbllrator(s) may be entered in any court
access to or from the Land, or cures the claim of Unmarketable of competent jurisdiction.
Title, all as insured, in a reasonably diligent manner by any
method, including litigation and the completion of any appeals, it f5. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
shall have fully performed its obligations with respect to that CONTRACT
matter and shad not be liable for any loss or damage caused to (a) This policy together with all endorsements, If any, attached to it
the Insured. by the Company is the entire policy and contract between the
(b) In the event of any litigation, Including litigation by the Insured and the Company. In interpreting any provision of this
Company or with the Companys consent, the Company shall policy, this policy shad be construed as a whole.
have no liability for kiss or damage until there has been a final (b) Any claim of kiss or damage that arises out of the status of the
determination by a court of competent jurisdiction, and Tide or by any action asserting such claim shall be restricted to
disposition of all appeals, adverse to the Title, as insured. this policy.
(c) The Company shall no be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in
Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person, or expressly
any claim or suit without the prior written consent of the incorporated by Schedule A of tltls policy.
Company. (d) Each endorsement to this policy Issued at arty time is made a
part of this policy and is subject to all of its terms and
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly slates, it
LIABILITY does not (f) modify any of the terms and provisions of the policy,
All payments under this policy, except payments made for costs, (ii) modify any prier endorsement, (iii) extend the Date of Policy,
attorneys' fees, and expenses, shall reduce the Amount of Insurance or (v) increase the Amount of Insurance.
by the amount of the payment.
16. SEVERABILI7Y
11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held
The Amount of Insurance shall be reduced by any amount the Invalid or unenforceable under applicable law, the policy shall be
Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid,
exception is taken in Schedule B or to which the Insured has agreed, but all other provisions shall remain in full force and effect.
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 17. CHOICE OF LAW; FORUM
amount so paid shall be deemed a payment to the Insured under this (a) Choice of Law: The Insured acknowledges the Company has
policy. underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
12. PAYMENT OF LOSS interests in real property and applicable to the interpretation,
When liability and the extent of loss or damage have been definitely rights, remedies, or enforcement of policies of title insurance of
fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located.
made within 30 days. Therefore, the court or an arbitrator shall apply the law of the
v jurisdiction where the Land is located to determine the validity of
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to
(a) Whenever the Company shad have settled and paid a claim interpret and enforce the terms of this policy. In neither case
under this policy, it shad be subrOgated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to
of the Insured Claimant in the Ttle and all other rights and determine the applicable law.
remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by
against any person or property, to the extent of the amount of the Insured against the Company must be filed only in a state or
any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or Its territories
Company. It requested by the Company, the Insured Claimant having appropriate jurisdiction.
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant 18. NOTICES, WHERE SENT
shag permit the Company to sue, compromise, or settle in the Any slice of claim and any other notice or statement in writing required to
name of the Insured Claimant and to use the name of the be given to the Company under this policy must be given to the Company at
Insured Claimant in any transaction or litigation involving these Claims Depamnem at 300 East 4e St, 10'" Floor, New York, NY 10017.
F Page 4 Serial No.: 0-8911-620992
File No.: ST12-16140
ALTA OWNER'S POLICY (6117/06)
SCHEDULE A
File No.: ST12-16140 Policy No.: 0-8911-620992
Amount of $1,514,634.00
Insurance:
Date of September 10, 2013
Policy:
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this policy is:
Easement
3. Title is vested in:
GRANT OF DEVELOPMENT RIGHTS EASEMENT by and between Town of Southold and Macari Farms,
LLC dated 9/10/2013 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: 112.00 Block: 02.00 Lot: p/o 001.
Section: 112.00 Block: 02.00 Lot: 002.000
NEW YORK METRO
a7 LewQ t r 800-e53-4=
title insurance company stewed 1593 fax
ewyork.com
SCHEDULE A - DESCRIPTION
Title No.: ST12-16140
AMENDED 9/9/2013
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk, State of New York, bounded and described as follows:
BEGINNING at the comer formed by the intersection of the southerly side of Bergen Avenue with the
easterly side of Bergen Avenue;
RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00
seconds East 1,492.24 feet to lands now or formerly of Pindar Associates;
THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold,
South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of
Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land the following two (2) courses and distances:
South 75 degrees 24 minutes 50 seconds West 824.90 feet;
South 72 degrees 31 minutes 40 seconds West, 274.45 feet to the Reserve Area;
THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet;
THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen
Avenue;
THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West
490.07 feet to the comer aforesaid at the point or place of BEGINNING.
PARCEL 1- 1000-112.00-02.00-001.000 - For information only - not to be insured
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold,
County of Suffolk, State of New York, bounded and described as follows:
BEGINNING at the comer formed by the intersection of the southerly side of Bergen Avenue with the
easterly side of Bergen Avenue;
RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00
seconds East 670.24 feet;
THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. 1 as shown on
Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995;
1
THENCE along said land, South 72 degrees 31 minutes 40 seconds West 668.78 feet to the easterly side
of Bergen Avenue;
THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West
707.54 feet to the corner aforesaid at the point or place of BEGINNING„ excepting Reserve Area
described below.
PARCEL II -1000-112.00-02.00-002.000 - For information only - not to be insured
ALL 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 southerly side of Bergen Avenue distant 670.24 feet easterly from the
comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen
Avenue;
RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen
Avenue 822.00 feet to lands now or formerly of Pindar Associates;
THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold,
South 20 degrees 57 minutes 15 seconds East 905.12 feet to Lot No. 1 as shown on Subdivision Plat of
Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet;
THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen
Avenue, at the point or place of BEGINNING.
RESERVE AREA - For information only - not to be insured
Development rights not conveyed. Excluded from Protected Property.
ALL 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 easterly side of Bergen Avenue distant 490.07 feet southerly from the
comer formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen
Avenue;
RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet;
THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on
Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side
of Bergen Avenue;
THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or
place of BEGINNING.
2
ALTA OWNER'S POLICY (6117/06)
SCHEDULE B
PARTI
File No.: ST12-16140 Policy No.: 0-8911-620992
This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that
arise by reason of:
1. Utility Company Easement in Liber 2244 page 228.
2. Survey Exceptions as shown on survey made by John C. Ehlers Land Surveyor, last dated 4/5/2013 (Job No. 12/12-
177).
(a) Northerly line: Gated fence located on record line;
(b) Easterly line: Fencing located on record line;
(c) Southerly line: No variations;
(d) Westerly line: Gated fencing up to 6.6 feet east of part of record line.
3. Policy excepts the terms and conditions of the Grant of Development Rights Easement by and between Town of
Southold and Macari Fauns, LLC dated 9/10/2013 and to be duly recorded in the Suffolk County Clerk's/Registers
Office.
4. Terms and conditions of Declaration of Covenants and Restrictions by and between Town of Southold and Macari
Farms, LLC dated 9/10/2013 and to be duly recorded in the Suffolk County Clerk's/Registers Office.
5. Rights of tenants or parties in possession, if any.
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST12-16140 Date of Issue: September 10, 2013
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-620992
1. The following is added as a Covered Risk:
"11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials fumished prior
to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the
insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental
authority and created or attaching between Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
DATED: September 10, 2013
STEWART TITLE
INSURANCE COMPANY
S
Countersigned By:
a 1997 3
s ~Ft Itdt ~z
President
4W,P~ -
Authorized Office or Agent Secretary
Stewart Title Insurance Company
300 East 42nd St., 10th FI
New York, New York 10017
STANDARD NEW YORK ENDORSEMENT (7/01/12)
FOR USE WITH ALTA OWNER'S POLICY (6-17-06)
s
I IIIIIII IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII
I IIIIII VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 09/23/2013
Number of Pages: 7 At: 10:48:08 AM
Receipt Number : 13-0120140
LIBER: D00012745
PAGE: 449
District: Section: Block: Lot:
1000 112.00 02.00 002.000
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.00 NO
Cert.Copies $8.75 NO RPT $120.00 NO
Fees Paid $203.75
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
Number of pages
Fti_UF'~!Ei1
i -j!It~T -N A, EAE'-H E
This document will be public -EF'" FIF
record. Please remove all `UFrMLK COUNT Y
vi ii!i112745
Social Security Numbers r, 44:
prior to recording.
Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recofding / Filing Stamps
3 FEES
Page / Filing Fee I
Mortgage Amt, _
Handling 20. 00 1. Basic Tax
2. Additional Tax _
TP-584 Sub Total _
Notation SpecJAssit.
EA-52 17 (County) j or
Sub Total Spec. /Add.
EA-5217 (State) TOT. MTG. TAX _
CommR.P.T.S, .A of . Ed. 1 5. 00 Dual Town _ Dual County_
Held for Appointment
~i Transfer Tax _
Affidavit
` Mansion Tax _
ONG
C0~ 7 j The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 ; family dwelling only.
Sub Total
Other YES or NO
Grand Total If NO, see appropriate tax clause on
G, page # of this instrument.
4 Dist. 2575626 zw 0 j`j;~ p 5 Community Preservation Fund
Real property p S IIIIIIIIIIry~III~III~IIII~lullll~ Consideration Amount $
Tax Service R POL A ~I fl
Agency 20SEP-13 CPF Tax Due
Verification $
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD & RETURN TO:
1~2~L~NiE Dltaswl Vacant Land
u/V 0L So6t77jL4a AN/Ex- 419Avp & cti/770% TD
~D.Box>l79
Sau~,~o, N y j/9 7l TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com any Information
310 Center Drive, Riverhead, NY 11901
`~~Z - J I'V6 /nlS.
WWW.Suffolkeountyny.gov/clerk . TiCo. UAMe tle # a ~
8 Suffolk Count Recording & Endorsement Page
This page forms part of the attached ~LAPAT/RAi F ~01r~iy~ 7 g in tsirna c made by:
(SPECIFY TYPE OF INSTRUMENT)
~~//YI S ~r The premises herein is situated in.
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of
~ ~/1L17F/i~~ h
L~JA1 inG c) Bg7}D A In the VILLAGE
or HAMLET of 9,97777U61e
BOXES 6 THRU 8 MUST BE TYPED R PRINTED IN BLACK INK O
12-0101.10/0844 NLY 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 far all future property tax
statements.
Local property taxes are payable twice a year: on or before January 101 and on or before May 31i1.
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 Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 957-3004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631) 451-9009 (631) 749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 11787
(631) 324-2770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main..Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
Islip Town Receiver of.Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y. 11751 Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
Judith A.. Pascale
Suffolk County Clerk
P 12-0104.. 06/06kd
PT S
Doc ID: 13025834 R POL q
' 0-SEP-13
A
Tax Maps
District Secton Block Lot School District Sub Division Name
1000 11200 0200 002000
1000 11200 0200 001002
zr
F,.
fe t
sY ,
STEWART TITLE INSURANCE COMPANY
707 Westchester Avenue, State 411
WNte PMha, NY 10004
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of this /64t day of September, 2013, by MACARI
FARMS, LLC, hereinafter referred to as the "DECLARANT"; as owner of the premises
designated as part of SCTM #1000-112-2-1 (Parcel 1) and #1000-112-2-2 (Parcel 2)
and shown on a survey prepared by John C. Ehlers Land Surveyor dated March 4,
2013 and last revised April 5, 2013, a reduced copy of which is attached hereto and
made a part hereof, and a portion of which is designated as the " Reserve Area" and
described in the metes and bounds description attached hereto as Schedule "A" and
made a part hereof, hereinafter referred to as the "Reserve Area".
WITNESSETH: P 156 6ragenAuL_ ,MA1414
nV 1050
WHEREAS, DECLARANT is the owner of certain real property situate at 950
and 1350 Bergen Avenue, Mattituck, in the Town of Southold, County of Suffolk and
State of New York, (the "Property"); and
WHEREAS, the DECLARANT has granted to Town of Southold a
Development Rights Easement dated September 10, 2013 for part of SCTM #1000-
112-2-1 and all of #1000-112-2-2; and SEE S(-Wbut b 6
WHEREAS, for and in consideration of the acceptance of the Grant of
Development Rights Easement, the Town Board of the Town of Southold (the "Town
Board") has deemed it in the best interests of the Town of Southold (the "Town") and
the owner and prospective owners of the Property that the within covenants and
restrictions be imposed on the Reserve Area, and as a condition of the acceptance
of the Grant of Development Rights Easement, the Town Board has required that
the within Declaration be recorded in the Suffolk County Clerk's Office; and
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 Reserved
Area shall hereinafter be subject to the covenants and restrictions as set forth
herein, which shall run with the land and shall be binding upon all purchasers and
holders of the Property, their heirs, executors, legal representatives, distributees,
successors and assigns, to wit:
I. Grantor shall not make an application for subdivision or for any
other relief from the Town of Southold that would allow the subdivision
of the Reserve Area from the area of Parcel 1 which is subject to the
Development Rights Easement (the "Easement Area") unless the
Reserve Area is merged with SCTM #1000-120-5-1; and
2. SCTM #1000-112-2-1 and SCTM #1000-112-2-2 (Parcel 1 and
Parcel 2) may remain as two separate parcels on the Suffolk County
tax map, and two single and separate parcels under the Town Zoning
Code.
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances,
regulations or provisions in effect at the time of execution of this agreement, or at the
time such laws, ordinances, regulations and/or provisions may hereafter be revised,
amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of
Southold or any of its agencies to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole, or any other part or provision hereof other
than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by
their provisions to be incorporated herein and they are deemed to be incorporated
herein and made a part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under them, and
may not be annulled, waived, changed, modified, terminated, revoked or amended
by subsequent owners of the premises unless and until approved by a majority plus
one vote of the Town Board or its legal successor, following a public hearing.
2
IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the
foregoing Declaration the day and year first above written.
DECLARANT:
MACARI FARMS, LLC
By Bergen Road ~Corner Trust, Member
By. seph Macari, Jr., C T ustee
By: Diane Macari, Co-Trustee
STATE OF NEW YORK)
SS.:
COUNTY OF SUFFOLK)
On the IM day of September in the year 2013 before me, the undersigned,
personally appeared Joseph Macari, Jr., 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.
PATRICIA L. FALLON
Notary Public Notary Public, State Of New York
No. 01FA4950146
Oualified in Suffolk County
STATE OF NEWYORK) Commission Expires April 24, aorS
SS.:
COUNTY OF SUFFOLK)
On the /(J =day of September in the year 2013 before me, the undersigned,
personally appeared Diane Macari 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.
11 t z PATRICIA L. FALLON
Notary Public Notary Public, State Of New York
No. 01FA4950146
Qualified in Suffolk County /I'
Commission Expires April 24, ozo /
3
SCHEDULE A
RESERVE AREA
ALL 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 easterly side of Bergen Avenue distant 490.07 feet southerly from the
corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen
Avenue;
RUNNING THENCE North 72 degrees 31 minutes 40 seconds East 408.62 feet;
THENCE South 17 degrees 28 minutes 20 seconds East, 217.00 feet to Lot No. 1 as shown on
Subdivision Plat of Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land South 72 degrees 31 minutes 40 seconds West, 394.33 feet to the easterly side
of Bergen Avenue;
THENCE along said street North 21 degrees 14 minutes 20 seconds West, 217.47 feet to the point or
place of BEGINNING.
ALTA OWNER'S POLICY (6/17106)
SCHEDULE a DESCRIPTION
File No.: ST12-16140 Policy No.: 0-8911-620992
PARCEL I -1000-112.00-02.00-001.000
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk,
State of New York, bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side of Bergen Avenue with the easterly side of
Bergen Avenue;
RUNNING THENCE along the southerly side of Bergen Avenue, North 66 degrees 32 minutes 00 seconds East 670.24
feet;
THENCE South 21 degrees 03 minutes 50 seconds East 777.54 feet to Lot No. I as shown on Subdivision Plat of
Thorton Smith, Section One, filed 4/24/1995;
THENCE along said land, South 72 degrees 31 minutes 40 seconds West 274.45 feet to the Reserve Area;
THENCE North 17 degrees 28 minutes 20 seconds West, 217.00 feet;
THENCE South 72 degrees 31 minutes 40 seconds West, 408.62 feet to the easterly side of Bergen Avenue;
THENCE along the easterly side of Bergen Avenue, North 21 degrees 14 minutes 20 seconds West 490.07 feet to the
corner aforesaid at the point or place of BEGINNING.
PARCEL II -1000-112.00-02.00-002.000
ALL 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 southerly side of Bergen Avenue distant 670.24 feet easterly from the corner formed by
the intersection of the southerly side of Bergen Avenue with the easterly side of Bergen Avenue;
RUNNING THENCE North 66 degrees 32 minutes 00 seconds East along the southerly side of Bergen Avenue 822.00
feet to lands now or formerly of Pindar Associates;
THENCE along said land and along land now or formerly of Bicycle Path LLC and Town of Southold, South 20 degrees
57 minutes 15 seconds East 905.12 feet to Lot No. I as shown on Subdivision Plat of Thorton Smith, Section One, filed
4/24/1995;
THENCE along said land South 75 degrees 24 minutes 50 seconds West 824.90 feet;
THENCE North 21 degrees 03 minutes 30 seconds West 777.54 feet to the southerly side of Bergen Avenue, at the point
or place of BEGINNING.
SOmG'ON'SIY1N J)ID6I8NIY11]W69 ~
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CLOSING STATEMENT
MACARI FARMS, LLC
to
TOWN OF SOUTHOLD
SCTM #1000-112-2-p/o1
SCTM #1000-112-2-2
Total Development Rights Easement - 25.2439 acres
Total Parcels Acreage - 27.2439 acres
SCTM #1000-112-2-1 =11.3962 acres (Parcel 1)
SCTM #1000-112-2-2 = 15.8477 (Parcel 2)
Reserve Area = 2.0 acres"
"acreage not included in purchase price calculation
Premises: 950 & 1350 Bergen Avenue, Mattituck, New York
Closing took place on Tuesday, September 10, 2013
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $ 1,514,634.00 (based upon 25.2439 buildable acres @ $60,000/
buildable acre) disbursed as follows:
Payable to Bergen Road Corner Trust $ 1,499,634.00
Check #118597 (9/10/2013)
Payable to Abigail A. Wickham, Esq., as Attorney $ 15.000.00
Check #118712 (9/10/2013)
$ 1,514,634.00-
"Project eligible for 50% reimbursement of appraised value from an awarded federal
USDA-NRCS grant in the amount of $756,317.00 (Award #73-2C31-2-1 BHF)
Expenses of Closing:
Appraisals & Appraisal Updates
Payable to Brunswick Appraisal Corp. $ 2,250.00
Check #114268 (6/19/2012)
Payable to Brunswick Appraisal Corp. $ 500.00
Check #115063 (9/11/2012)
Payable to Brunswick Appraisal Corp. $ 1,250.00
Check #116056 (12/18/2012)
Payable to Brunswick Appraisal Corp. $ 1,500.00
Check #117847 (6118/2013)
Survev
Payable to John C. Ehlers Land Surveyor $ 2,300.00
Check #116894 (3/12/2013)
Environment Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00
Check #116914 (3/12/2013)
Title Report
Payable to Stewart Title Insurance Company $ 6,912.00
Check #118696 (9/10/2013)
Title insurance policy $ 6392
Insuring additional lot $ 50
Recording easement $ 250
Certified copy of easement $ 65
Recording TP584 $ 5
Recording C&R's $ 150
Addition Title Expenses incurred at time of closing;
Payable to Stewart Title Insurance Company $ 175.00
Check # 118811(not paid at time of closing) (9/2q/1013)
Recording 2nd TP584 $ 5
Recording C&R's pages $ 110
Recording add'I easement pages $ 60
Title Closer Attendance Fee
Payable to Patricia Fallon $ 150.00
Check #118627 (9/10/2013)
We, the undersigned parties, do hereby certify that this Closing Statement accurately
reflects the distribution of the easement purchase price and expenses incurred by the
Town of Southold towards this project, excluding Town's legal fees.
Dated: September 10, 2013
Southold, New York
can
epth ac ri r. Grantor ~lahe, ~ jyus~e2_
Farms,
Ow- 1~ V,
Melissa Spiro, And Preservation Coordinator
Town of Southold
Those present at closing:
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Joseph Macari, Jr. Grantor, Co-Trustee
Diane Macari Co-Trustee
Abigail A. Wickham, Esq. Attorney for Macari Farms, LLC
Patricia Fallon Title Company Closer
Bob Fallon Title Company Closer (in training)
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Sr Adm Asst
TOWN OF SOUTHOLD
VENDOR 020773 BERGEN ROAD CORNER TRUST 09/10/2013 CHECK 118597
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 12-888 09102013 25.2439 AC DEV RIGHTS 1,499,634.00
TOTAL 1,499,634.00
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TOWN OF SOUTHOLD
VENDOR 023297 ABIGAIL A. WICKHAM,AS ATTORNEY 09/10/2013 CHECK 118712
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 12-888 09102013 MACARI FARMS-ATTY FEE 15,000.00
TOTAL 15,000.00
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BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
44 Elm Street, Suite 8
HUNTINGTON, NEW YORK 11743
(631) 421-2344
FAX (631) 424-9246
E-Mail: elinor@brunswickappraisl.com
Sanford S. Brunswick Armand Brunswick, MAI
Elinor Brunswick, MAI 1881-1960
State Certified General Appraisers
May 23, 2012
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375. State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
I
RE: Macari Property
Tax Map # 1000-112-2-1 & 2
INVOICE# 1000-22
Real Estate Appraisal $2,250
P
Thank you RECE0 U ED
MAY 2 9 2012
PT. 0 lAN
R T
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 06/19/2012 CHECK 114268
FUND & ACCOUNT P.OA INVOICE DESCRIPTION AMOUNT
H3 "8660.2.500.200 23476 1000-22 APPRAISAL-MACARI-DEV RTS 2,250.00
TOTAL 2,250.00
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BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P. 0. Box 674
Rockville Centre, New York 11571-0674
(631) 421-2344
FAX (631) 424-9246
E-Mail: elinor@brunswickappraisl.com
Sanford S. Brunswick Armand Brunswick, MAI
Elinor Brunswick, MAI 1881-1960
State Certified General Appraisers
August 16, 2012
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold; New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
RE: Macari Property
Tax Map # 1000-112-2-1 & 2
INVOICE# 1000-23
Updated Real Estate Appraisal $500
Thank you
IREC VED
AUG 17 2012
DEPT. OF LAND
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 09/11/2012
CHECK 115063
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION
AMOUNT
H3 .8660.2.500.200 23481 1000-23 MACARI APPRAISAL UPDATE
500.00
TOTAL 500.00
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BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P. O. Box 674
Rockville Centre, New York 11571-0674
(631) 421-2344
FAX (631) 424-9246
E-Mail: elinor@bmnswickappraisl.com
Sanford S. Brunswick Armand Brunswick, MAI
Elinor Brunswick, MAI 1881-1960
State Certified General Appraisers _
November 26, 2012
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
RE: Macari Property
Tax Map # 1000-112-2-1 & 2
INVOICE# 1000-24
Updated Real Estate Appraisal, as per FEDERAL REQUIREMENTS $1,250
REC E ND
DEC - 3 2012
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 12/18/2012 CHECK 116056
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 24700 1000-24 MACARI APPRAISAL UPDATE 1,250.00
TOTAL 1,250.00
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BRUNSWICK APPRAISAL CORP.
REAL ES'I"ATE APPRAISERS AND CONSULTANTS
P.O. Box 674
Rockville Centre, New York 11571-0674
(631) 421-2344
PAX (631) 424-9246
E-Mail: elinor@bmnswickappmisal.com
Sanford S. Brunswick Armand Brunswick, MAI
Elinor Brunswick. MAI 1881-1960
State Certified General Appraisers
June 7, 2013
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation Coordinator
RE: Maeari Property
Tax Map # 1000-112-2-1 & 2
INVOICE
Appraisal Supplement
(as of March 13, 2013) $1,500
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 06/18/2013 CHECK 117847
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 25305 060713 UPDATE APPRSL-MACARI 1,500.00
TOTAL 1,500.00
_
471
THE ORIGINAL CHECK "AS A 1.;
COLORED ay,. . R:• , 50~BE AIAIO d . 1 .
BO HDLD,,NYT1 Non -4 -
THE BUFF IIO' N 'AOf~AL BANK
cvreHO4°~N hn 6 ti +ascc ~
'ONE 'TROUSAND-FXVE HuNp4m AN 9,0/100 I?QUI+ R3F°,} - A1~~' ~v y+;n~
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'.'RO~.`KVl`-7aLE C,EN'1'RE5C 11571
i•117847' 1:0 2 1 40 54641: 63 000004 011'
JOHN C. EHLERS STATEMENT
6 East Main Street
Riverhead, NY 11901 DATE INVOICE #
3/4/20(3 2007437
Town of Southold
Office of Land Preservation
Southold, NY 11971
TEL: 631-369-8288 FAX: 631-369-8287
TAX MAP NUMBER MY JOB NUMBER
1000.112-2-1&2 12-177
DATE DESCRIPTION CHARGES BALANCE
3/4/2013 Current survey of property 950 & 1350 Bergen Ave., Mattituck, 2,300.00 2,300.00
N.Y. for development rights purchase.
RECEOVED
MAR - 6 2013
DEP. OF ND
PRESERVATION
P91 012fille at..
EASE MAKE YOUR CHECK
PAYABLE TO JOHN C. EHLERS Total $2,300.00
E-mail Web Site
jesurvey@optonline.net longislandlandsurveyor.com
TOWN OF SOUTHOLD
VENDOR 005320 JOHN C. EHLERS 03/12/2013 CHECK 116894
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 24699 2007437 SURVEY-MACARI FARMS 2,300.00
TOTAL 2,300.00
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Invoice Nelson Pope & Voorhis, LLC
572 Walt Whitman Road
Melville, NY 11747
(631) 4275665
January 28, 2013
Melissa Spiro Project No: V12X199.001.000
Town of Southold Dept of Land Preserv Invoice No: 9482
Town Hall Project Manager Steven McGinn
53095 State-Rt 25, PO Box 1179
Southold, NY 11971
Project V12X199.001.000 Macari Farms, Mattituck
Professlonal Services
Phase SA Site Audit
Task 1300 Phase IESA
Contract dated September 19, 2012
Contract item # 1
Phase 1 Environmental Site Assessment
Fee
1,050.00
Total this Task $1,050.00
Total this Phase $1,050.00
Total this Invoice $1,050.00
REC EOVED
MAR - 6 2013
DE 1.0 LAND
E AT11
All invoices are due net 30 days. A late charge of 1 % per month will be added to any unpaid balance after 30 days.
TOWN OF SOUTHOLD
VENDOR 014161 NELSON, POPE & VOORHIS, LLC 03/12/2013 CHECK 116914
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 24698 9482 PHS 1 ESA RPT-MACARI FRM 1,050.00
TOTAL 1,050.00
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INVOICE
INVOICE NUMBER: 14051 DATE: 9/10/2013
TITLE NO.: 1216140 TITLE CLOSER: Fallon, Pat
APPLICANT/CLIENT: Twomey, Latham, Shea, Kelly, CLOSING DATE/TIME: 9/10/2013 10:00 AM
Dubin & Quartararo, LLP CLOSING LOCATION: Town of Southold Annex - Land
LENDER'S ATTORNEY: United States Department of Preservation
Agriculture - NRCS 54375 Route 25 P.O. Box 1179
SELLER'S ATTORNEY: Wickham Bressler & Geasa PC Southold NY 11971
OWNER'S POLICY NO: 0-8911-620992 (631)765-5711
PROPERTY ADDRESS: 950 & 1350 Bergen Avenue TRANSACTION TYPE: Easement
Mattimck NY SALES PRICE: $1,514,634.00
District: 1000 Section: 112.00 Block: 02.00 Lot: p/o 001. COUNTY: Suffolk
District: 1000 Section: 112.00 Block: 02.00 Lot: 002.000 PROP TYPE: Vacant
PURCHASER/BORROWER: Town of Southold
SELLER (S): Maestri Farms, LLC
PREMIUM:
Fee Insurance (Liability Amount: $1,514,634.00) $6,392.00 $6,392.00
ENDORSEMENTS:
SEARCH FEES:
Tax $50.00 $50.00
Add? Lot
RECORDING FEES:
Recording Fees $]0.00 $10.00
TP584
Recording Fees $275.00 $275.00
Certified Copy of Grant of Development Rights Easement:
$65
C&R Agreement: $210.00
Includes $60 Add? Lot Fee
Recording Fees $360.00 $360.00
Grant of Development Rights Easement (33 pages)
Includes $60 Add'1 Lot Fee
TAXES: (TRANSFER/MANSION/MORTGAGE)
ADDITIONAL:
Survey
Applicant Provided
SUBTOTAL: $7,087.00 $7,087.00 $0.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $7,087.00 $7,087.00 $0.00 $0.00
RECEIPTS
DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT:
"Taxable at 8.625%. ha- p Ap A}pLL I
Party responsible for payment nX, - ra 1 .
NEW YORK METRO ICIFn/~.'.^.°^
800-853-0603
212-922-1593 fax 707 Westchester Ave, 4th Fl 300 East 42nd Street, 10th Floor 150 Broadhollow Road, Suite 217
Stewartnewyork.com White Plains, NY 10604 New York, NY 10017 Melville, NY 11747
Page I of 2
TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 09/10/2013 CHECK 118696
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-TITLE POLICY 6,392.00
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-INS ADD LOT 50.00
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-RECRD TP584 5.00
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-RECRD ESMNT 250.00
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-CERT COPY 65.00
H3 .8660.2.600.100 12-888_1-x MACARI FARMS-RECRD C&R'S 150.00
TOTAL 6,912.00
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TOWN OF SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 09/24/2013 CHECK 118827
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 TB-888 1216140-091013 RECD 2ND TP584 5.00
H3 .8660.2.600.100 TB-888 1216140-091013 RECD ADDL C&R PAGES 110.00
H3 .8660.2.600.100 TB-888 1216140-091013 RECD ADDL EASEMENT PGS 60.00
TOTAL 175.00
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TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 09/10/2013 CHECK 118627
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 12-888 1216140 MACARI FARMS-TITLE CLOSR 150.00
TOTAL 150.00
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SuFFQ(~. OFFICE LOCATION:
MELISSA A. SPIRO tiCaGy~ Town Hall Annex
LAND PRESERVATION COORDINATOR 54375 State Route 25
melissa.spho@town.southold.ny.us p .t (comer of Main Rd & Youngs Ave)
C x Southold, New York
Telephone (631) 765-5711 V.
Facsimile (631) 765-6640 MAILING o ADDRESS:
PO
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Dept. of Public Works Peconic Land Trust, Inc.
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: September 12, 2013
Re: MACARI FARMS. LLC to TOWN OF SOUTHOLD
SCTM #1000-112: 2-plot and #1000-112.-2-2
Development Rights Easement
Please be advised that the Town of Southold has acquired a development rights easement on the
property listed below. If you would like additional information regarding the purchase, please feel free to
contact me.
LOCATION: 950 & 1350 Bergen Avenue, Mattituck
SCTM 1000-1 12-2-p/o1 (Parcel 1) and 1000-112.-2-2 (Parcel 2)
PROPERTY OWNER: Macari Farms, LLC
CONTRACT DATE: December 7, 2012
PURCHASE DATE: September 10, 2013
PURCHASE PRICE: $1,514,634 ($60,000/buildable acre based on 25.2439 buildable acres)
EASEMENT ACREAGE: 25.2439 acres
PARCELS TOTAL ACREAGE: 27.2439 acres (Parcel 1 = 11.3962 acres / Parcel 2 = 15.8477 acres)
RESERVE AREA: 2.0 acres (part of Parcel 1)
FUNDING: 2% Community Preservation Funds
GRANT AWARD: $756,317.00 USDA-NRCS awarded federal grant (reimbursement)