HomeMy WebLinkAboutMoffat Farm North LLC OFFICE LOCATION:
.-MELISSA A. SPIRO so TONNM Hall.Annex
LAND PRESERVATION COORDINATOR 54375-State Rdute 25
melis.'sa.spiioC&toxNm.southold.ny.us (comer of Main-Road& Youngs Avenue)
Southold, New York
-Telephone(631)765-5711
Facsimile(631)765-6640 MAILING ADDRESS:
COU P.O.Box 1179 -
:Southold,NY.11971�0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
RECEIVED.
To: Elizabeth A.- Neville
Town Clerk
JA N- : 9 2015
From: Melanie Doroski
Sr. Administrative-Assistant Southold Town Clerk
Date� -January 9,-2015
Re: MOFFAT FARM NORTH,. LLC to TOWN OF SOUTHOLD
Development Rights Easement
SCTIVI #1000-55.4-110.4
Betty:
Enclosed for safekeeping in your office, please find the following documents:
Original Grant of Development Rights Easement dated October 30,'2014, between
Moffat Farm North, LLCand.the Town. of Southold, recorded in the Suffolk. County
Clerk's office on 1.1/12/2014, in Liber DOOO 12795, at Page 469'
Original title insurance policy#5011436-0066559e issued by First American Title
Insurance Company on October-30, 2014 in the insured amount of$1,288,384.50
(title no. 641-S-04097-)
Original Declaration of Covenants and Restrictions dated October 2014, by Moffat.
Farm North, LLC, recorded in the Suffolk County Clerk's office on 11/12/2014, in
Liber DOOO 12,795, at page 470
Closing Statement
Thank you.
Melanie
encs.
cc: Assessors W/ copy of recorded easement & final.survey..
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 11/12/2014
Number of Pages : 34 At: 12 : 02 : 35 PM
Receipt Number : 14-0149268
TRANSFER TAX NUMBER: 14-09404 LIBER: D00012795
PAGE : 469
District: Section: Block: Lot:
1000 055 . 00 02 . 00 010 . 004
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,288,384 .50
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
TP-584 $5 . 00 NO Notation $0 . 00 NO
Cert.Copies $40 . 00 NO RPT $60 . 00 NO
Transfer tax $0 . 00 NO Comm.pres $0 .00 NO
Fees Paid $315 .00
TRANSFER TAX NUMBER: 14-09404
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECOWED
JAN 8 2015
DER OF LAND"
PRESERVATION
FiEl
Number of pages RECORDED
2014 Nov 12 12=02:35 PM
jUD7_TH A. PASCIALE
This document will be public CLERK OF
SUFFOLK COUNTY
record.Please remove all L DOOO12795
Social Security Numbers P 469
prior to recording. DT# 14-09404
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee 01 Mortgage Amt.
1.Basic Tax
Handling 20. 00 2. Additional Tax
Sub Total
TP-584
Notation Spec./Assit.
Sub Total Cl or
EA-52 17(County) Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
.Comm.of Ed. 5. 00 Transfer Tax P4-
Affidavit Mansion Tax
LLF) — The property covered by this mortgage is
M :1 U or will be improved by a one or'two
IN Surcharge 15. 00 family dwelling only.
Sub Total YES—or NO
Other
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
to
2826986 1000 05500 0200 010004
4 1 Dil';�' unity Preservation lund
5 Comm
P T S I
Real Property R SMI A Consideration Amount$
Tax Service 10-NOV-1
Agency CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN TO: Vacant Land
Y-- \L- y- TD
0,ry-) TD
TD
Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company information
310 Center Drive, Riverhead, NY 11901 Co.Nar��.'z uso I C_ 7T_T/ nl--4-67
www.suffolkcountyny.gov/clerk Title# C,Q I -S -S)(4 1)0�D
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached to e)(\
0 P-7 Cf4 made
by: (SPECIFY-ffP-E ON INSTAUMENT)
�_U The premises herein is situated in
SUFFOLK COUNTY,NEWYORK.
TO In the TOWN of
Q�yj C—) In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
GRANT OF DEVELOPM ENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on
the k/-day:of�'Octob,er, 2014 at Southold, New York.,The parties are
Moffat Farm North, LLC,-With, an address of 49900 Route 481, Southold,.
New York 11971,: P.O. Box 526, Bolinas, Qalifornia ,94924 (herein
called ".Grantor"), and the TOWN OF SOUTHOLD,.a municipal'.
P.O. Box
corporation, having its-principal office' ' at 53095 Main, Road,
�'Gr
1179,- S6uthold,,,.N6w York 11971. (hierein.,-called �'antee").and the.
United States- of.America.("U n ited. States") by and through the-United
States Department of Agriculture (""USDA") Natural Resources
Conservation:Service,(""NRCS") acting pa behalf of the Commodity .
Credit Corporation,.as its interest appears herein,-for the,purpose. of
forever co.nserving the ag ricu Itu ra[ prod u.ctivity-of the Protected
Property and its, va,lue- for resource preservation and a's open space..
INTRODUCTION"
WHEREAS, Grantor is the owner in fee simple of certain.real
property�located .ln the Town of Southold', SuffolV County, New York,
identified as part Of SCTM #.1000-55-2-10.1, more fully descirlbed 'in.
"hereto and made a.part hereof and
SCHEDULE ""A" attached
herein after-referred to as the ""Protected Property" a'ndshoWri on-the
surveyprepared,by-Peconic Surveyors, P.C. dated June. 1.7-, 2014 .and
^4 A
last revised-9-4 y -a reduced copy of which -is attached hereto
y
1X�herelnafter referred to
t he , h -the ""Survey."
-and made-a part. he Of a as
and Q,A
5eplernbe - q 7 6W11
WHEREAS, the Protected Property is located in the Agricultural
Conservation (A-C).Zon'ing "District of the' Town of Southold; and
WHEREAS, the Protected. Property contains solls classified as
Class I and Cla'ss.II worthy-of-conservation as identified by'the United
State.s .Depaitment.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 .P60tection Program, the United States Department of
AdHculture Natural Resources Conservation Service (hereinafter the
"'United States" or ""NRCS") acting on behalf of the Commodity Credit
Corporation, has provided Five Hundred Ninety-Three Thousand Seven
Hundred Fifty and 00/100 DOLLARS ($593,750.00) 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 for row
crops; and
WHEREAS, it is the policy of the Town of Southold (the '"Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by the Town Board, Town of Southold, and §272-a of
the New York State Town Law (""Town Law"') to protect environmentally
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy.- and
WHEREAS, the 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;
NOW THEREFORE, in consideration of One Million Two Hundred
Eighty-Eight Thousand Three Hundred Eighty Four and 50/100
DOLLARS ($1,288,384.50) and other good and valuable consideration
paid to the Grantor, the receipt of which is hereby acknowledged, the
2
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 Peconic Abstract, Inc. Title
Report No. 641-S-04097 and possesses the right to grant this
easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the
State of New York State and is authorized under §64 of Town Law and
§247 of the New York State General Municipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, and other contractual
rights which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
3
0.03 Purpose
The parties.recognize th.e,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 Governmental Recognitio'h
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 Rev.enue 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,, ag'ricultural, 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
Docu mentation"). This Baseline Documentation includes, but need not
be limited to, a survey dated June 17, 2014, last revised july 18,
2014, preparedby Peconic Surveyors, P.,C. and a Phase 1.
Environmental Site.Assessment prepared by Nelson, Pope and Voorhis,
&Yt 12V LLCI.dated May 21,,'2014.
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
4
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
crops, livestock and livestock products included as of th'e 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.
5
"Protected' Property" shall-mean the property. sA6ct to this
Easement, consisting of part of SCTM# 1000-55�2-,Wmoine fully
described In the Schedule "W,attached hereto and made a part hereof
and shown on the survey prepared by Peconic Surveyors, P.C. dated
June 17, 2014 and last revised May 21, 20�� reduced copy of which
is attached hereto and made a part hereof). q cgolq
Sep
"'Riding Aca'demy" 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 supervi.sed-or.unsupervised, horseback riding
instruction or the holding of horse shows or other equlne events.
"'Structure" shall mean anythlng constructed.or erected on or
under the ground or upon another structure or building, includi'ng
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.
1.0 Duration
This Easement shall be a burden upon and run with the
Protected Property in perpetuity.
1.04 Effect
This Easement shalfrun with,the Protected Property as an
incorporeal interest in the Protected Property, and shall extend'to and
be binding upon Grantor, Grantor's age'nts, tenants, occupants, heirs,
personal representatives,, successors and assigns, and all other
individuals and entities and provides Grantee with the right to
administer,- manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons
or entities. Any rights, obligations, and Interests herein granted to
Grantor and/or Grantee shall also-be deemed granted-to each an'd
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.
6
ARTICLE TWO
SALE
GRANTOR, for One Million Two Hundred Eighty-Eight Thousand
Three Hundred Eighty-Four and 50/100 DOLLARS ($1,288,384.50)
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
uridertakes 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 proh,ibited 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 TownCode 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
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
7
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 a'ccordance
with an NRSC farm management plan shall not be prohibited.
3.03 Subdivision
The subdivision of the Protected Property is prohibited. 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 is 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
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, SiOns
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement,. number, and design do not
significantly diminish the scen�ic 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 the-reon, (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
8
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 I ines, 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 shal] 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
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 an adjacent property that is used for Grantor's agricultural
operation.
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
9
Development Rights Easement) may not exceed 7 (seven) percent 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 sald amended
provisions are inherently similar in nature to those crops, livestock and
livestock products included as of the date of this Easement, shall not
be considered a commercial use.
Uses, improvements and activities permitted by the Town Code
now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the 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 agrochernicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices of the NRCS.
10
3.10 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 ail agricultural operations on the Protected Property in a
manner consistent with a conservation plan (the ""Conservation Plan")
prepared in consultation with NRCS and approved by the Suffolk
County Soil and Water Conservation District. This Conservation Plan
shall be developed using the standards and specifications of the NRCS
Field Office Technical Guide (FOT'G) 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 Drainage
The use of the Protected Property for a leaching or sewage
disposal field shall be prohibited. The use of the Protected Property for
a drainage basin or sump shall be prohibited, except in accordance
with sound agricultural management practices and the Conservation
Plan and in order to control flooding or soil erosion on the 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.
12
3.14 Roads; Access to Protected Property
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.
Access to the Protected Property is subject to a Declaration of
Covenants and Restrictions, recorded simultaneously with this
Easement.
3.15 Fences
Existing fences may be repaired and replaced and new 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 us e- 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
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.
13
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.
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 gr ain 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
14
areas for agricultural production� in accordance with the Town Code, to
thin and prune trees to maintain or improve the appearance of the
Protected,r 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.
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 orany 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:
15
Underground facilities used to supply utilities
solely for the use and enjoyment of the Protected
Property and agricultural operations on adjacent
properties;
(i i) Construction of new structures, including a wind
tu.rbine, provided such structures are, necessary
for or accessory to agricultural production; Lot
coverage with impervious surfaces shall be limited
to 7 (seven) percent of the area of the Protected
Property;
(iii) Renovation, maintenance and repairs of any
existing structures or structures built or permitted
pursuant to th,is Section 4.06, provided the
primary purpose of the structure remains
agricultural;
(iv) Any improvement excluded from the definition of
structure" in Section 1.02.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
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 mit'igate 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.
16
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
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, improvern' ents 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
17
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.
Grantor shall indemnify and hold h armless 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.
18
""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
land 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 therea 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
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 d,amages, including reasonable
attorneys' fees' arisingfrom 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
Com"mittee, to maintain or restore the Protected Property to the
condition in which it existed on the date of this Easement, as
19
evidenced by the documentation referred to in Section 0.05, in order
to protect the env,ironmental, natural, scenic, conservation and
agricultural values of the Protected Property. This shall not include
restoration of trees or! formerly wooded areas, which were cleared for
ag.ricultural 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.
ARTICLE SIX
GRANTEE"S RIGHTS.
6.01 'Entry and Inspection
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,
20
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
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, t'hat 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.
21
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 reasonab,le 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.
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.
22
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or the delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinguishment of Easement/Condern nation
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 riot 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.
23
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement is made with the intention that it shall qualify as
a conservation easement in perpetuity under Code Section
170(h). The parties agree that amendments to the provisions of this
Easement may be permitted by Grantee if such amendment shall be
necessary to entitle Grantor to meet the requirements of Code Section
170(h) and/or to enable Grantee to amplify the public benefits
attributable to this Easement.
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
24
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment. The United States ,of America shall also consent to any
such alienation.
In addition to the limitations set forth above, Grantee shall have
the right, subject to the provisions of Section 6.03 (Enforcement
Rights of Grantee) herein, to transfer all or part of this Easement to
any public agency, or private non-governmental organization, that at
the time of transfer is a "qualified organization" under §170(h) of the
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-govern menta I 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
25
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
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
26
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 extin grU ished, terminated, or condemned, in whole or in
part, then the Grantor must reimburse the Grantee an amount equal
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.
27
that by his signature on the instrument, the individual, or the person
upon behalf of which the individual acted, executed the instrument.
JaMBERLEY A.GLENN
Not" -P -b Notary Public
a ry u No.01 GL5089252
cmft of onondaga,state of N-Y.
Commission Expires:
-,�TATE OF NEW YORK IDemmber 8.
NTY OF SUFFOLK SS:
On the day of in the year 2014 before me, the
undersigned, rsonally appeared Sean Moffat, personally known to me
or proved to me the basis of satisfactory evidence to be the individual
whose name is s;ubsc ' ed to the within instrument and acknowledged to
me that he executed the me in his capacity, and that by his signature
on the instrument, the indlivi al, or the person upon behalf of which the
individual acted, executed the i rument.
46�Signature/office of indiv al taking acknowledgement
STATE OF NEW YORK)
COUNTY OF SUFFOLK) SS:
On this 3 6 day of ('�L- in the year 2014 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
EMOTORIACHARCZUK
N*Wy Pubft State of Now York
. . No.4NN88
Q�dlfl�In Suffolk CQUITIV
C
mmission Expires January 20.
29
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:
Moffat Farm North, LLC, Grantor
4gz9,;F ,C /Ij/21 L2,,J y Seec�'Lkj'ktf n't. Cr
BY: Sean C Moffat, Managing Member
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTu&D, Grantee
7
BY: Ir
4&LA
SCOtt 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.
Authodzed0to'ignatory for the NRCS
Gregory A. Kist, Acting State Conservationist
STATE OF NEW YORK
COUNTY OF .i1VaN.,m1.,W SS:
On this Y*/ day of �WW�eA in the year 2014 before me, the
undersigned, personally appeared Gregory A. Kist, 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
28
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of &—dan o
Oil-0Ck1,-v(D-1064before me, MUO CAT-A
(Flere insert name and title or the officerp-1
personally appeared C, r)11!D�M
who proved to me oil the basis of satisfactory evidence to be the person(o whose nameJA) is/apt subscribed to
the within instrument and acknowledged to rne that he/sy/the/executed the same in his/h/�th/ir authorized
capacity(ieA and that by his/h/ftlyir signature(�,on the instrument the person�g, or the entity upon behalf of
which the personV acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph
is true and correct.
ARUN LATA KUMAR
WITNESS my hand and official seal. COMM,#2033037
NOTARY PUBLIC-CALIFORNIA 0
SOLANO COUNTY A
M COMM,iX'�ire_S_JuLY 12,2017
Signature ofNotary Public (Notary
i Or
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed in California musl contain vel-biage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appeats above in the notai),section oi-a sepai-ate acknoirledgmentfoi-ni must be
pi-opei-ly completed and attached to that document. The only excelition is if a
3yunte-)i docinneid is to be i-ecoi-ded outside of Califoi-nia. hi such instances,any alte)-native
(Title ordcscription ofatteched document) acknoirlecIgnient vei-biage as may be pfinted air such a clocument so long as the
rei-biage does not i-equh-e the notai),to(to something that is illegalfoi-a nolai),in
n W-14 California (i.e. certifying the authoi-Led capacily of the signei). PILase check the
(Title or description ofittached document continued) docunteirl cai-efullyfoi-pi-opei-notafial wording anel attach ihisfo;-in ift-equired.
NurnberofPages Document Date tow-vixt - State and County information must be the State and County where the document
signer(s)personally appeared before the notary public for acknowledgment.
- Date of notarization must be the date that the signer(s)personally appeared which
must also be tile same date the acknowledgment is completed.
(Additional information) - The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
- Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER - Indicate the correct singular or plural forms by crossing off incorrect forms(i.c,
-a-ffidividual(s)— he/shc/gw-�—is/afe)orcircling the correct forms.Failure to correctly indicate this
information may lead to rejection ofdocument recording,
0 Corporate Officer & The notary seal impression must be clear and photographically reproducible.
Impression must not cover text or lines. If seal impression smudges,re-seal if a
'0 cer
(Title) Sufficient area permits,otherwise complete a different acknowledgment form.
0 Partner(s) Signature of the notary public must match the signature on file with the office of
El Attomey-in-Fact the county clerk.
Additional information is not required but could help to ensure this
El Trustee(s) acknowledgment is not misused or attached to a different document.
El Other Indicate title or type ofattached document,number ofpages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
Securely attach this document to the signed document
2008 Version CAPAv12.10.07 800-873-9865 www.NotaryClasses.com
Peconic Abstract, Inc.
Title No.:641-8-04097 amended W22J14
Schedule A Description —AMENDED 7128114
Development Rights
Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being In the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R.27)distant
948.60 foot southerly from the corner formed by the intersection of the
southerly side of Old North Road With the westerly side of North Road (C.R.
27); and
RUNNING THENCE along the westerly side of North Road (C.R�. 27)the
following (3)courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2) Along the are of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 228.92 feet; and
3) Along an.arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 45.00 feet to the true point or place
of beginning;
RUNNING THENCE along the westerly side of North Road (C.R. 27)along an
are of a curve bearing to the right having a radius of 2259.00 feet, a distance
along said curve of 299.84 feet to a concrete monument and Town of Southold
Development Rights;
RUNNIING THENCE along said land and continuing along lands now or
formerly of'Vanduzer Appliance Company, Inc.the following(3)courses and
distances:
1) North 87 degrees 49 minutes 50 seconds West'414.72 feet;
2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet;
3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a
monument and other lands of the Town of Southold Development
Rights;
Continued.....
Title No.: 641-S-04097
Schedule A Description continued.....
Development Rights
Easement Area
THENCE along said land, North I I degrees 34 minutes 10 seconds West,
935.30 feet to a monument and land now or formerly of Suffolk County
(Development Rights);
THENCE along said land, North 88 degrees 35 minutes 30 seconds East,
752.23 feet to a monument and land now or formerly of Bertsch! and Gilmore;
THENCE along said land the following (2) courses and distances:
1) South 5 degrees 53 minutes 10 seconds West, 315.00 feet;
2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now
or formerly of Saragas;
THENCE along said lands, North 78 degrees 53 minutes 10 seconds East,
73.75 feet to the Reserved Area;
THENCE along said Reserved Area the following (2)courses and distances:
1) South 2 degrees 10 minutes 10 seconds West, 3`18.28 feet;
2) South 87 degrees 49 minutes 50 seconds East 502.94 feet to the
westerly side of North Road(C.R. 27)and the true point or place of
BEGINNING.
...........................................
DEMOPA(MVT MGFTS EASSEWMT AREA SURVEY OF PROPERTY
N AREA-2a ACRES IN SOUTHOLD
RESER�W AREA TOWN OF SOUTHOLD
AREA- �AQWS
LLP.,�EASZWFNr AREA SUFFOLK COUNTY, N.Y.
AREA a7OW ACRES 1000-W-02-.fol
TOTAL AREA 25.5222 ACRES SCALE�
XW IZ 2014
(RL_S�
daY 15,2014 _R.�ED AM_WSEC)
S PT. A 2014(REIKSIONS)
OLD NORTrl ROAD
Allp Or FWAL,,nA T
CD�,
allSt'RED _ VA VC14
N,wj�,f-ORK ESIA7rS
75)
maff!w3n m2y C.wAEL SARAGAI
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OLD
""CHTS)
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LOT 2
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CER 77nED TO.,
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nRsr Aumcmv naE compANY ov,�Ew YORK(641-s.-o4o9v
L U5VA-.VRCS
MWA T rARAI MOR In LL C.
IZWF
ppjjANa ACCM5 10 THFCA NT AREA AMD TD INC RESER�W AREA
FROM THE J4t84'FRO"TAGE DZ air MOR17i ROAD(�-27)
MATIS SWrf OF THYLOTMWOR FORWRLYDE�GNAMD AS
SCTU,TCX_0_2-71.1 IS PROF&WED.
LIC.NO.49618
(6ji;76�
_W20 r,4X(631)765-1797
ToTAL PARCEL AREA 25.52M ACRES 123OBTORX 909
,oj
Va APPEARS HEMM THOt
11 4.
A M E I? Owner's Policy of Title Insurance
Firs tAmerican,Tide7 ISSUED BY
I First American Title Insurance Company
POLICY NUMBER
Owner's Policy — 601 1436-0066569e
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to
the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B,AND THE
CONDITIONS,FIRST AMERICAN TITLE INSURANCE COMPANY,a Nebraska corporation(the"Company")insures,as of Date of Policy and,to
the extent stated in Covered Risks 9 and 10,after Date of Policy,against loss.or damage,not exceeding the Amount of Insurance,sustained or
incurred by the Insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(I) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney;
(vi) a document not properly filed,recorded,or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located
on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land. (Covered Risks Continued on Page 2)
In Witness Whereof,First American Title Insurance Company has caused its corporate name to be hereunto affixed by its authorized officers as of
Date of Policy shown in Schedule A.
First American Title Insurance Company For Reference:
Filet 641-S-04097
Issued By:
Dennis J.Gilmore
President Peconic Abstract, Inc.
405 Ostrander Avenue, P.O. Box 1267
&t�v� Riverhead, NY 11901
Jeffrey S.Robinson
Secretary
(This Policy is valid only when Schedules A and B are attached) This Jacket was created electronically and constitutes an original document
Copyright 2006-2009 American Land Title Association.All rights reserved.The use of this form is restricted to ALTA licensees and ALTA members in good standing as of the date of use.
All other uses are prohibited.Reprinted under license from the American Land Title Association.
Form 5011436(7-1-14) Page 1 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
New York
?Olicy# 501 1436-0066559e COVERED RISKS(Continued)
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 rights of a purchaser for value without Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy,of a transfer of all or any part of
the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer
constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;,or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy,
state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records
(I) to be timely,or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect I in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or
has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of
transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs,aftorneys'fees,and expenses incurred in defense of any matter insured against by this Policy,but only to the
extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this Records at Date of Policy,but Known to the Insured
policy,and the Company will not pay loss or damage,costs,attorneys' Claimant and not disclosed in writing to the Company by the
fees,or expenses that arise by reason of: Insured Claimant prior to the date the Insured Claimant
1. (a) Any law,ordinance,permit,,or governmental regulation became an Insured under this policy.
(including those relating to building and zoning)restricting, (c) resulting in no loss or damage to the Insured Claimant;
regulating,prohibiting,or relating to (d) attaching or created subsequent to Date of Policy(however,
(i) the occupancy,use,or enjoyment of the Land; this does not modify or limit the coverage provided under
(ii) the character,dimensions,or location of any improvement Covered Risk 9 and 10);or
erected on the Land; (e) resulting in loss or damage that would not have been
(Iii) the subdivision of land;or sustained if the Insured Claimant had paid value for the
(iv) environmental protection; - Title.
or the effect of any violation of these laws,ordinances,or 4. Any claim,by reason of the operation of federal bankruptcy,state
governmental regulations. This Exclusion 1(a)does not modify insolvency,or similar creditors'rights laws,that the transaction
or limit the coverage provided under Covered Risk 5. vesting the Title as shown in Schedule A,is
(b) Any governmental police power. This Exclusion 1(b)does not (a) a fraudulent conveyance or fraudulent transfer;or
modify or limit the coverage provided under Covered Risk 6. (b) a preferential transfer for any reason not stated in Covered
2. Rights of eminent domain. This Exclusion does not modify or limit Risk 9 of this policy.
the coverage provided under Covered Risk 7 or 8. 5. Any lien on the Title for real estate taxes or assessments
3. Defects,liens,encumbrances,adverse claims,or other matters imposed by governmental authority and created or attaching
(a) created,suffered,assumed,or agreed to by the Insured between Date of Policy and the date of recording of the deed or
Claimant; other instrument of transfer in the Public Records that vests Title
(b) not Known to the Company,not recorded in the Public as shown in Schedule A.
Form 5011436(7-1-14) Page 2 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
New York
,?ol,icy#:601 1436-0066669e
CONDITIONS
1. DEFINITION OF TERMS in the records of the clerk of the United States District Court for
The following terms when used in this policy mean: the district where the Land is located.
(a) "Amount of Insurance": The amount stated in Schedule A,as "Title": The estate or interest described in Schedule A.
may be increased or decreased by endorsement to this policy, (k) "Unmarketable Title":Title affected by an alleged or apparent
increased by Section 8(b),or decreased by Sections 10 and 11 of matter that would permit a prospective purchaser or lessee of
these Conditions. the Title or lender on the Title to be released from the
(b) "Date of Policy": The date designated as"Date of Policy"in obligation to purchase,lease,or lend if there is a contractual
Schedule A. condition requiring the delivery of marketable title.
(c) "Entity": A corporation,partnership,trust,limited liability 2. CONTINUATION OF INSURANCE
company,or other similar legal entity. The coverage of this policy shall continue in force as of Date of
(d) "Insured": The Insured named in Schedule A. Policy in favor of an Insured,but only so long as the Insured
(i) The term"Insured"also includes retains an estate or interest in the Land,or holds an obligation
(A) successors to the Title of the Insured by operation of secured by a purchase money Mortgage given by a purchaser
law as distinguished from purchase,including heirs, from the Insured,or only so long as the Insured shall have liability
devisees,survivors,personal representatives,or next by reason of warranties in any transfer or conveyance of the Title.
of kin; This policy shall not continue in force in favor of any purchaser
(B) successors to an Insured by dissolution,merger, from the Insured of either(i)an estate or interest in the Land,or(ii)
consolidation,distribution,or reorganization; an obligation secured by a purchase money Mortgage given to the
(C) successors to an Insured by its conversion to another Insured.
kind of Entity; 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(D) a grantee of an Insured under a deed delivered without The Insured shall notify the�Company promptly in writing(i)in case
payment of actual valuable consideration conveying the of any litigation as set forth in Section 5(a)of those Conditions,(ii)
Title in case Knowledge shall come to an Insured hereunder of any
(1) if the stock,shares,memberships,or other equity claim of title or interest that is adverse to the Title,as insured,and
inte'rests of the grantee are wholly-owned by the that might cause loss or damage for which the Company may be
named Insured, liable by virtue of this policy,or(iii)if the Title,as insured,is
(2) if the grantee wholly owns the named Insured, rejected as Unmarketable Title. If the Company is prejudiced by
(3) if the grantee is wholly-owned by an affiliated the failure of the Insured Claimant to provide prompt notice,the
Entity of the named Insured,provided the affiliated Company's liability to the Insured Claimant under the policy shall
Entity and the named Insured are both wholly- be reduced to the extent of the prejudice.
owned by the same person or Entity,or 4. PROOF OF LOSS '
(4) if the grantee is a trustee or beneficiary of a trust In the event the Company is unable to determine the amount of
created by a written instrument established by the loss or damage,the Company may,at its option,require as a
Insured named in Schedule A for estate planning condition of payment that the Insured Claimant furnish a signed
purposes. proof of loss. The proof of loss must describe the defect,lien,
(ii) With regard to(A),(13),(C),and(D)reserving,however,all encumbrance,or other matter insured against by this policy that
rights and defenses as to any successor that the Company constitutes the basis of loss or damage and shall state,to the
would have had against any predecessor Insured. extent possible,the basis of calculating the amount of the loss or
(e) "Insured Claimant": An Insured claiming loss or damage. damage.
"Knowledge"or"Known": Actual knowledge,not constructive 5. DEFENSE AND PROSECUTION OF ACTIONS
knowledge or notice that may be imputed to an Insured by reason (a) Upon written request by the Insured,and subject to the
of the Public Records or any other records that impart options contained in Section 7 of these Conditions,the
constructive notice of matters affecting the Title. Company,at its own cost and without unreasonable delay,
(g) "Land": The land described in Schedule A,and affixed shall provide for the defense of an Insured in litigation in
improvements that by law constitute real property. The term which any third party asserts a claim covered by this policy
"Land"does not include any property beyond the lines of the area adverse to the Insured. This obligation is limited to only those
described in Schedule A,nor any right,title,interest,estate,or stated causes of action alleging matters insured against by
easement in abutting streets,roads,avenues,alleys,lanes, this policy. The Company shall have the right to select
ways,or waterways,but this does not modify or limit the extent counsel of its choice(subject to the right of the Insured to
that a right of access to and from the Land is insured by this object for reasonable cause)to represent the Insured as to
policy. those stated causes of action. It shall not be liable for and will
(h) "Mortgage": Mortgage,deed of trust,trust deed,or other security not pay the fees of any other counsel. The Company will not
instrument,including one evidenced by electronic means pay any fees,costs,or expenses incurred by the Insured in
authorized by law. the defense of those causes of action that allege matters not
(i) "Public Records": Records established under state statutes at insured against by this policy.
Date of Policy for the purpose of imparting constructive notice,of (b) The Company shall have the right,in addition to the options
matters relating to real property to purchasers for value and contained in Section Tof these Conditions,at its own cost,to
without Knowledge. With respect to Covered Risk 5(d),"Public institute and prosecute any action or proceeding or to do any
Records"shall also include environmental protection liens filed
Form 5011436(7-1-14) Page 3 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
1 New York
I
Policy# :.'501 1436-0066559e CONDITIONS(Continued)
other act that in its opinion may be necessary or desirable to 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
establish the Title,as insured,or to prevent or reduce loss or TERMINATION OF LIABILITY
damage to the Insured. The Company may take any In case of a claim under this policy,the Company shall have the
appropriate action under the terms of this policy,whether or following additional options:
not it shall be liable to the Insured. The exercise of these (a) To Pay or Tender Payment of the Amount of Insurance.
rights shall not be an admission of liability or waiver of any To pay or tender payment of the Amount of Insurance under this
provision of this policy. If the Company exercises its rights policy together with any costs,attorneys'fees,and expenses
under this subsection,it must do so diligently. incurred by the Insured Claimant that were authorized by the
(c) Whenever the Company brings an action or asserts a defense Company up to the time of payment or tender of payment and
as required or permitted by this policy,the Company may that the Company is obligated to pay.
pursue the litigation to a final determination by a court of Upon the exercise by the Company of this option,all liability and
competent jurisdiction,and it expressly reserves the right,in its obligations of the Company to the Insured under this policy,
sole discretion,to appeal any adverse judgment or order, other than to make the payment required in this subsection,
6. DUTY OF INSURED CLAIMANT TO COOPERATE shall terminate,including any liability or obligation to defend,
(a) In all cases where this policy permits or requires the Company prosecute,or continue any litigation.
to prosecute or provide for the defense of any action or (b) To Pay or Otherwise Settle With Parties Other Than the Insured
proceeding and any appeals,the Insured shall secure to the or With the Insured Claimant.
Company the right to so prosecute or provide defense in the (i) To pay or otherwise settle with other parties for or in the
action or proceeding,including the right to use,at its option, name of an Insured Claimant any claim insured against
the name of the Insured for this purpose. Whenever requested under this policy, In addition,the Company will pay any
by the Company,the Insured,at the Company's expense,shall costs,attorneys'fees,and expenses incurred by the
give the Company all reasonable aid(i)in securing evidence, Insured Claimant that were authorized by the Company up
obtaining witnesses,prosecuting or defending the action or to the time of payment and that the Company is obligated
proceeding,or effecting settlement,and(ii)in any other lawful to pay;or
act that in the opinion of the Company may be necessary or (ii) To pay or otherwise settle with the Insured Claimant the
desirable to establish the Title or any other matter as insured. loss or damage provided for under this policy,together with
If the Company is prejudiced by the failure of the Insured to any costs,attorneys'fees,and expenses incurred by the
furnish the required cooperation,the Company's obligations to Insured Claimant that were authorized by the Company up
the Insured under the policy shall terminate,including any to the time of payment and that the Company is obligated
liability or obligation to defend,prosecute,or continue any to pay.
litigation,with regard to the matter or matters requiring such Upon the exercise by the Company of either of the options
cooperation. provided for in subsections(b)(i)or(ii),the Company's
(b) The Company may reasonably require the Insured Claimant to obligations to the Insured under this policy for the claimed loss
submit to examination under oath by any authorized or damage,other than the payments required to be made,shall
representative of the Company and to produce for terminate,including any liability or obligation to defend,
examination,inspection,and copying,at such reasonable prosecute,or continue any litigation.
times and places as may be designated by the authorized 8. DETERMINATION AND EXTENT OF LIABILITY
representative of the Company,all records,in whatever This policy is a contract of indemnity against actual monetary loss or
medium maintained,including books,ledgers,checks, damage sustained or incurred by the Insured Claimant who has
memoranda,correspondence,reports,e-mails,disks,tapes, suffered loss or damage by reason of matters insured against by this
and videos whether bearing a date before or after Date of policy.
Policy,that reasonably pertain to the loss or damage. Further, (a) The extent of liability of the Company for loss or damage
if requested by any authorized representative of the Company, under this policy shall not exceed the lesser of
the Insured Claimant shall grant its permission,in writing,for (i) the Amount of Insurance;or
any authorized representative of the Company to examine, (ii) the difference between the value of the Title as insured
inspect,and copy all of these records in the custody or control and the value of the Title subject to the risk insured against
of a third party that reasonably pertain to the loss or damage. by this policy.
All information designated as confidential by the Insured (b) If the Company pursues its rights under Section 5 of these
Claimant provided to the Company pursuant to this Section Conditions and is unsuccessful in establishing the Title,as
shall not be disclosed to others unless,in the reasonable insured,
judgment of the Company,it is necessary in the administration (i) the Amount of Insurance shall be increased by 10%,and
of the claim. Failure of the Insured Claimant to submit for (ii) the Insured Claimant shall have the right to have the loss
examination under oath,produce any reasonably requested or damage determined either as of the date the claim was
information,or grant permission to secure reasonably made by the Insured Claimant or as of the date it is settled
necessary information from third parties as required in this and paid.
subsection,unless prohibited by law or governmental (c) In addition to the extent of liability under(a)and(b),the
regulation,shall terminate any liability of the Company under Company will also pay those costs,attorneys'fees,and
this policy as to that claim. expenses incurred in accordance with Sections 5 and 7 of
these Conditions.
Form 5011436(7-1-14) Page 4 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
1 New York
Policy#:-501 1436-0066559e CONDITIONS(Continued)
1 1
9. LIMITATION OF LIABILITY controversy shall be submitted to arbitration pursuant to the Title
(a) If the Company establishes the Title,or removes the alleged Insurance Arbitration Rules of the American Land Title Association
defect,lien,or encumbrance,or cures the lack of a right of ("Rules"). Except as provided in the Rules,there shall be no
access to or from the Land,or cures the claim of joinder or consolidation with claims or controversies of other persons.
Unmarketable Title,all as insured,in a reasonably diligent Arbitrable matters may include,but are not limited to,any controversy
manner by any method,including litigation and the completion or claim between the Company and the Insured arising out of or relating
of any appeals,it shall have fully performed its obligations to this policy,any service in connection with its issuance or the breach
with respect to that matter and shall not be liable for any loss of a policy provision,or to any other controversy or claim arising out of
or damage caused to the Insured. the transaction giving rise to this policy. All arbitrable matters when the
(b) In the event of any litigation,including litigation by the Amount of Insurance is$2,000,000 or less shall be arbitrated at the
Company or with the Company's consent,the Company shall option of either the Company or the Insured. All arbitrable matters
have no liability for loss or damage until there has been a final when the Amount of Insurance is in excess of$2,000,000 shall be
determination by a court of competent jurisdiction,and arbitrated only when agreed to by both the Company and the Insured.
disposition of all appeals,adverse to the Title,as insured. Arbitration pursuant to this policy and under the Rules shall be binding
(c) The Company shall not be liable for loss or damage to the upon the parties. Judgment upon the award rendered by the
Insured for liability voluntarily assumed by the Insured in Arbitrator(s)may be entered in any court of competent jurisdiction.
settling any claim or suit without the prior written consent of 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT
the Company. (a) This policy together with all endorsements,if any,attached to it by
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION the,Company is the entire policy and contract between the Insured
OF LIABILITY and the Company. In interpreting any provision of this policy,this
All payments under this policy,except payments made for costs, policy shall be construed as a whole.
attorneys'fees,and expenses,shall reduce the Amount of (b) Any claim of loss or damage that arises out of the status of the
Insurance by the amount of the payment. Title or by any action asserting such claim shall be restricted to
11, LIABILITY NONCUMULATIVE this policy.
The Amount of Insurance shall be reduced by any amount the (c) Any amendment of or endorsement to this policy must be in writing
Company pays under any policy insuring a Mortgage to which and authenticated by an authorized person,or expressly
exception is taken in Schedule B or to which the Insured has incorporated by Schedule A of this policy.
agreed,assumed,or taken subject,or which is executed by an (d) Each endorsement to this policy issued at any time is made a part
Insured after Date of Policy and which is a charge or lien on the of this policy and is subject to all of its terms and provisions.
Title,and the amount so paid shall be deemed a payment to the Except as the endorsement expressly states,it does not(i)modify
Insured under this policy. any of the terms and provisions of the policy,(ii)modify any prior
12. PAYMENT OF LOSS endorsement, (iii)extend the Date of Policy,or(iv)increase the
When liability and the extent of loss or damage have been Amount of Insurance.
definitely fixed in accordance with these Conditions,the payment 16. SEVERABILITY
shall be made within 30 days. In the event any provision of this policy,in whole or in part,is held
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT invalid or unenforceable under applicable law,the policy shall be
(a) 'Whenever the Company shall have settled and paid a claim deemed not to include that provision or such part held to be invalid,but
under this policy,it shall be subrogated and entitled to the all other provisions shall remain in full force and effect.
rights of the Insured Claimant in the Title and all other rights 17. CHOICE OF LAW;FORUM
and remedies in respect to the claim that the Insured (a) Choice of Law: The Insured acknowledges the Company has
Claimant has against any person or property,to the extent of underwritten the risks covered by this policy and determined the
the amount of any loss,costs,attorneys'fees,and expenses premium charged therefor in reliance upon the law affecting
paid by the Company. If requested by the Company,the interests in real property and applicable to the interpretation,
Insured Claimant shall execute documents to evidence the rights,remedies,or enforcement of policies of title insurance of the
transfer to the Company of these rights and remedies. The jurisdiction where the Land is located.
Insured Claimant shall permit the Company to sue, Therefore,the court or an arbitrator shall apply the law of the
compromise,or settle in the name of the Insured Claimant I.urisdiction where the Land is located to determine the validity of
and to use the name of the Insured Claimant in any claims against the Title that are adverse to the Insured and to
transaction or litigation involving these rights and remedies. interpret and enforce the terms of this policy. In neither case shall
If a payment on account of a claim does not fully cover the the court or arbitrator apply its conflicts of law principles to
loss of the Insured Claimant,the Company shall defer the determine the applicable law.
exercise of its right to recover until after the Insured Claimant (b) Choice of Forum: Any litigation or other proceeding brought by the
shall have recovered its loss. Insured against the Company must be filed only in a state or
(b) The Company's right of subrogation includes the rights of the federal court within the United States of America or its territories
Insured to indemnities,guaranties,other policies of having appropriate jurisdiction.
insurance,or bonds,notwithstanding any terms or conditions 18. NOTICES,WHERE SENT
contained in those instruments that address subrogation Any notice of claim and any other notice or statement in writing required
rights. to be given to the Company under this policy must be given to the
14. ARBITRATION Company at First American Title Insurance Company,Attn:Claims
Either the Company or the Insured may demand that the claim or National Intake Center,I First American Way;Santa Ana,CA
92707. Phone:888-632-1642.
Form 5011436(7-1-14) Page 5 of 5 ALTA Owner's Policy of Title Insurance(6-17-06)
New York
SCHEDULE A
TITLE NO. 641-S-04097
POLICY NO. 5011436-0066559e
AMOUNT OF INSURANCE: $ 1,288,384.50
DATE OF POLICY : 10/30114
1. NAME OF INSURED: TOWN OF SOUTHOLD
2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS
POLICY IS: DEVELOPMENT RIGHTS EASEMENTIEASEMENT INTEREST
3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN:
AS TO FEE TITLE: MOFFAT FARM NORTH, LLC
Who acquired title by virtue of a deed dated 9/23113 and recorded 10/30/13
in Liber 12750 page 610. (covers premises and more) (all of tax lot 010.001)
AS TO DEVELOPMENT RIGHTS EASEMENTIEASEMENT INTEREST: TOWN
OF SOUTHOLD
By Grant.of Deveioprneint Rights Easement dated i0/301i4 and recorded
11/12/14 in the Suffolk County Clerk's Office in Liber 12795 page 469.
4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
TAX MAP DESIGNATION: 1000-055.00-02.00-part of 010.001
ADDRESS: 47775 County Road 48, Southold, NY
Peconic Abstract, Inc.
Title No.: 641-S-04097 amended 7/22/14
Schedule A Description — AMENDED 7128/14
Development Rights
Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R. 27) distant
948.60 feet southerly from the corner formed by the intersection of the
southerly side of Old North Road with the westerly side of North Road (C.R.
27); and
RUNNING THENCE along the westerly side of North Road (C.R. 27) the
following (3) courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2) Along the arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 228.92 feet; and
3) Along an arc of a curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 45.00 feet to the true point or place
of beginning;
RUNNING THENCE along the westerly side of North Road (C.R. 27) along an
arc of a curve bearing to the right having a radius of 2259.00 feet, a distance
along said curve of 299.84 feet to a concrete monument and Town of Southold
Development Rights;
RUNNIING THENCE along said land and continuing along lands now or
formerly of Vanduzer Appliance Company, Inc. the following (3) courses and
distances:
1) North 87 degrees 49 minutes 50 seconds West, 414.72 feet;
2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet;
3) South 79 degrees 15 minutes 00 seconds West, 892.99 feet to a
monument and other lands of the Town of Southold Development
Rights;
Continued.....
Title No.: 641-S-04097
Schedule A Description continued.....
Development Rights
Easement Area
THENCE along said land, North 11 degrees 34 minutes 10 seconds West,
935.30 feet to a monument and land now or formerly of Suffolk County
(Development Rights);
THENCE along said land, North 88 degrees 35 minutes 30 seconds East,
752.23 feet to a monument and land now or formerly of Bertsch! and Gilmore;
THENCE along said land the following (2) courses and distances:
1) South 5 degrees 53 minutes 10 seconds West, 315.00 feet;
2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now
or formerly of Saragas;
THENCE along said lands, North 78 degrees 53 minutes 10 seconds East,
73.75 feet to the Reserved Area;
THENCE along said Reserved Area the following (2) courses and distances:
1) South 2 degrees 10 minutes 10 seconds West, 318.28 feet;
2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the
westerly side of North Road (C.R. 27) and the true point or place of
BEGINNING.
SCHEDULE B
POLICY NO.: 5011436-0066559e
TITLE NUMBER: 641-S-04097
EXCEPTIONS FROM COVERAGE
This Policy does not insure loss or damage (and the Company will not pay
costs, attorneys' fees or expenses) which arise by reason of:
Special Exceptions:
1) Survey by Peconic Surveyors, P.C., dated 6/17/14 and revised 7/15/14 and
9/9/14 shows the Development Rights Easement area as vacant land;
overhead wires; L.I.P.A. Easement area; tower.
2) Rights of the utility company to maintain the overhead wires, tower and
easement area, as shown on survey used herein.
3) Declaration of Covenants and Restrictions dated 10130114 and recorded
11/12/14 in Liber 12795 page 470.
4) Company excepts possible unpaid water and sewer charges, if any.
First American Title Insurance Company of New York
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Attached to and made part of First American Title Insurance Company of New
York Policy
1. Covered Risk Number 2(c) is deleted.
2. Exclusion Number 5 is deleted,and the following is substituted:
5. Any lien on the Title f6r real estate taxes, assessments,water charges
or sewer rents imposed by governmental authority and created or
attaching between Date of Policy and the date of recording of the deed
or other instrument of transfer in the Public Records that vests Title as
Shown in Schedule A.
3. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date
hereof,and which has now gained or which may hereafter gain priority over the
estate or interest of the insured as shown in Schedule A of this policy."
This endorsement is issued as part of the policy. Except as it expressly states, it does not
(i) modify any of the terms and provisions of the policy, (ii) modify any prior
endorsements, (iii)extend the Date of Policy,or(iv) increase the Amount of Insurance.
To the extent a provision of the policy or a previous endorsement is inconsistent with an
express provision of this endorsement,this endorsement controls. Otherwise,this
endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
IN WITNESS WHEREOF, First American Title Insurance Company of New York has
caused this Endorsement to be signed and sealed on its date of issue set forth herein.
Dated: 10/30/14
PECONIC ABSTRACT,INC.
405 OSTRANDER AVENUE, P.O. BOX 1267
RIVERHEAD, NY 11901
Tel. 63IL-369-0222 fax: 631-369-4020
Countersigned First American Title Insurance Company of New
York
BY., x
Authorized Signatory James M. Orphanides, President
STANDARD NEW YORK ENDORSEMENT(1/1 /07)
FOR USE WITH ALTA OWNER'S POLICY (6-06)
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 11/12/2014
Number of Pages : 8 At: 12 :02 : 35 PM
Receipt Number : 14-0149268
LIBER: D00012795
PAGE : 470
District: Section: Block: Lot:
1000 055 . 00 02 .00 010 . 004
EXAMINED AND CHARGED AS FOLLOWS
Received the FollowIng Fees For Above instrument
Exempt Exempt
Page/Filing $40 . 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 $10 . 00 NO RPT $60 . 00 NO
Fees Paid $150 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RECEVED
JAN 8 2015
DEPT."OF LAND
PRESERVATION
RECORDED
Number of pages �)014 Nov 12 12.-02:35 Pt-1
JUDITH A. PASCALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L DOO-012795
Social Security Numbers 470
prior to recording.
Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps
3 FEES Mortgage Amt
Page/Filing Fee 1.Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Spec./Assit.
Notation or
EA-52 17(County) Sub Total bD Spec./Add.
EA-5217(State) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm.of Ed. 5. 00 Transfer Tax
Affidavit Mansion Tax
D — The property covered by this mortgage is
- or will be improved by.. a- one or two
NYS Surcharge 15. 00 Sub Total family dwelling only.
Other YES or NO -
Grand Total If NO, see appropriate tax clause on
page# of this instrument.
I t)-2)b
2826987 1000 05500 0200 010004
4 1 Dist"'�o T 5 Community Preservation Fund
Real Property R SMI A Consideration Amount$
Tax Service 10-NOV-1
Agency CPF Tax Due $
Verification
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD&RETURN.TO: Vacant Land
Lv�s TD
TD
A_
/01 11 C�1�1 I TD
Mail to:Judith A.Pascale,SuffolkCounty Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901
www.suffoikcountyny.gov/clerk lCo.Name-�Mn)Q, &)::6—) ?7pqr_j =Y--)r-
Title#
8 Suffolk County Recording & Endorsement Pa'ge
This page forms part of the attachedD�) APP, R i6i iq�' made
M!�o
& !�A
by: (SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
SUFFOLK COUNTY,NEWYORK.
TO In the TOWN of
6 1) CL In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
(over)
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of thiskWay of October, 2014, by MOFFAT
FARM NORTH, LLC, hereinafter referred to as the ""DECLARANT"'; as owner of the
premises designated as the date hereof as SCTM #1000-55-2-10.1 and shown on a
survey prepared by Peconic Surveyors, P.C. dated June 17, 2014 and last revised
September 9, 20141, a reduced copy of which is attached hereto and made a part
hereof, and a portion of which is designated as the "' Reserved Area"and a portion
of which is designated as the ""Development Rights Easement Area," and both
separately described in the metes and bounds descriptions attached hereto,as
Schedule "'A"' and ""B" and made a part hereof, hereinafter respectively referred to as
the "'Reserved Area" and the "'Easement Area."
WITNESSETH :
WHEREAS, DECLARANT is the owner of certain real property situate at
47775 County Road 48, 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 5
g�r 3a , 2014 for a part of SCTM
#1000-55-2-10.1; and
WHEREAS, for and in consideration of the acceptance of the Grant of
Development Rights Easement, the Town Board of the Town of Southold (the "Town
Board") has deemed it in the best interests of the Town of Southold (the "Town") and
the owner and prospective owners of the Property that the within covenants and
restrictions be imposed on the Easement Area and,the Reserved Area, and as a
condition of tfi-&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 Development
Rights Easement Area (the "Easement Area" herein) and the Reserved Area shall
For purposes of clarity, the survey includes the Suffolk County Tax Map designations as
of the date hereof.
6reinafter 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:.
1 Access to the Easement Area shall be provided from the North
Road (C.R. 48) frontage between the lot now or formerly known as
SCTM#1 000-55-2-11.1 to the northerly boundary of the lot now or
formerly known as SCTM#1000-55-02-10.1 along the North Road
(C.R. 48), and/or from any adjacent property. Said access area shall
be defined as an access easement or similar designation when an
application is made to subdivide the 5-acre Reserved Area from the
Easement Area or application is made for a re-subdivision or a lot line
modification of the lot now or formerly designated as SCTIVI #1000-55-
2-11.1. If a re-subdivision or lot line modification is made prior to an
application to subdivide the Reserved Area from the Easement Area,
the Planning Board of the Town of Southold may waive the
requirement to establish access until such time that application is
made to subdivide the Reserved Area from the Protected Property.
Access to the Easement area and to the Reserve Area from the
344.84' frontage on the North Road (C.R. 48) that is south of the lot
now or formerly designated as SCTIVI# 1000-55.-2-11.1 is prohibited.
2. Subject to approval by the Land Preservation Committee and
the Planning Board of the Town of Southold, and as otherwise
required by applicable law, the Reserved Area may be subdivided
from the Easement Area. No further subdivision of the Reserved Area
is permitted except to add approximately 1 acre of it to the lot
designated as SCTIVI #1000-55-2-11.1, an existing separate lot with
existing residential dwelling.
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 a recommendation is made
to do so by the Planning Board and the Land Preservation Committee, and same is
approved by a majority plus one vote of the Town Board or its legal successor,
following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the
f oregoing Declaration the day and year first above written.
DECLARANT:
MOFFAT FARM NORTH, LLC
By: SEAl%MOFFAT, Managing Member
STATE 0 EW YORK)
SS.:
COUNTY OF FFOLK)
Ontheday f October in the year 2014 before me, the undersigned,
personally appeare Sean Moffat, personally known to me or proved to me on the
basis of satisfactory e *dence to be the individuals whose names are subscribed to
the within instrument a acknowledged to me that they executed the same in their
capacity, and that by thei ignature on the instrument, the individuals, or the
persons upon behalf of whi the individuals acted, executed the instrument, and
that such individuals made h appearance before the undersigned.
Notary Public
APkL:00\'J\eQA nwvy)A
Peconic Abstract, Inc.
Title No.: 641-S-04097 amended M2114
Schedule A Description —AMENDED 7/28114
Development Rights
Easement Area
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R. 27) distant
948.60 feet southerly from the corner formed by the intersection of the
southerly side of Old North Road with the westerly side of North Road (C.R.
27); and
RUNNING THENCE along the westerly side of North Road (C.R. 27) the
following (3) courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2) Along the arc of a curve bearing to the right having a radius of 2259.00
Jeet, a distance along said curve of 228.92 feet; and
3) Along an arc of a.curve bearing to the right having a radius of 2259.00
feet, a distance along said curve of 45.00 feet to the true point or place
of beginning;
RUNNING THENCE along the westerly side of North Road (C.R. 27) along an
arc of.a curve bearing to the right having a-radius of 2259.00 feet, a distance
along said curve of 299.84 feet to a concrete monument and Town of Southold
Development Rights;
RUNNIING THENCE along said land and continuing along lands now or
formerly of Vanduzer Appliance Company, Inc.the following (3) courses and
distances:
1) North 87 degrees 49 minutes 50 seconds West, 414.72 feet;
-2) North 7 degrees 08 minutes 00 seconds West, 30.35 feet;
3) South 79 degrees 15 minutes 00 seconds West 892.99 feet to a
monument and other lands of the Town of Southold Development
Rights;
Continued.....
Title-No.: 641-S-04097
Schedule A Description continudd'.....
Development Rights
Easement Area
THENCE along said land, North 11 degrees 34 minutes I O"go'conds West,
935.30 feet to a monument and land now or formerly of Suffolk County
(Development Rights);
THENCE along said land, North 88 degrees 35 minutes 30 seconds East,
752.23 feet to a monument and land now or formerly of Bertschi and Gilmore;
THENCE along said land the following (2) courses and distances:
1). South 5 degrees 53 minutes 10 seconds West, 315.00 feet;
2) North 79 degrees 12 minutes 50 seconds East, 375.18 feet to land now
or formerly of Saragas;
THENCE along said lands, North 78 degrees 53 minutes 10 seconds East,
73.75 feet to the Reserved Area;
THENCE along said Reserved Area the following (2) courses and distances:
1) South 2'degrees 10 minutes 10 seconds West, 318.28 feet;
2) South 87 degrees 49 minutes 50 seconds East, 502.94 feet to the,-
westerly side of North Road (P.R. 27) and the true point,gr place of.
BEGINNING.
Peconic4AW�act Inc.
Title No.: 641-S-04097 amended 7122/14 f�
Schedule"scription
FOR INFORMATION ONLY
Reserved Area
ALL that certain plot, piece or parcel of land, situate, lying and being in the
Town of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a point on the westerly side of North Road (C.R. 27) distant
948.60 feet,southerly from the corner formed by the intersection of the
southerly side of Old North Road with the westerly side of North Road (C.P..
27);
THENCE along the westerly side of North Road (C.R. 27)the following (3)
courses and distances:
1) South 19 degrees 36 minutes 50 seconds West, 98.63 feet;
2)Along an arc of a curve bearing to the right having a radius of 2259.00 feet, a
distance along said curve of 228.92 feet;
3)Along an arc of a curve bearing to the right having a radius of 2259'.00 feet, a
distance along said curve of 45.00 feet;
THENCE along the Development Rights Easement Area the following (2)
courses and distances:
1), North 87 degrees 49 minutes 50 seconds West, 502.94 feet;
2) North 2 degrees 10 minutes 10 seconds East, 318.28 feet to land now or
formerly of Saragas;
THENCE along said land, North 78 degrees 53 minutes 10 seconds East,
714.90 feet to the westerly side of North Road (C.R. 27) and the point or place
of BEGINNING.
CALIFORNIA ALL-PURPOSE
CERTIFICATE OF ACKNOWLEDGMENT
State of California
County of G5�ana -
Oil before rne, POUV) UT-O'N tCU"P(A_X1 no_VA!�l NJA4"C
(1-lere insert name and title of(lie officer) J
personally appeared 0 :E—_ --
who proved to me oil the basis of satisfactory evidence to be the person(,J) whose nameW is/qe subscribed to
the within instrument and acknowledged to me that he/sA/the
/executed the sarne in his/h/r/tIkir authorized
capacity(ieb, and that by his/h�/thV(r signature(o on the instrument the person(�, or the entity upon behalf of
which the person(� acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that tile foregoing paragraph
is true and correct.
r ARUN LATA KUMAR
WITNESS rny hand and official seal. COMM.#2033037
0 pft NOTARY PUBLICwCAI IFORMA 0
SOLANO COUNTY
(Notary Seal) F My Comm.Expires JULY 12.2017
Signature of Notary Public lq7 RUp
ADDITIONAL OPTIONAL INFORMATION
INSTRUCTIONS FOR COMPLETING THIS FORM
Any acknowledgment completed ill Califoi-nia must contain verbiage exactly as
DESCRIPTION OF THE ATTACHED DOCUMENT appeals above ill the llotai),section oi-a sepal-ate acknowledgmentfoi-in must be
pvopei-ly completed and attached to that document. Tile only excelmioll is if a
doctiment is to be i-ecorded outside of Califoi-nia. Ill such instances,any allei-nalive
(Title or description of attached document) acknowledgment vel-biage as may be pi-inted oil such a document so long as the
vet-biage does not i-equh-e the notal),to do something that is illegalfbi-a nololy ill
ro pe?wthicr) California (i.e. cerlifying the authoi-Letl capacity of the signei). PILase check the
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NUniber of Pages , lo
Docunient Dat jc�) Stale and County information must be the State and County where tile do'CL1111CIll.
signer(s)personally appeared before the notary public for acknowledgment i
Date of notarization must be the date that tile signer(s)personally appeared which
Illust also be the same date the acknowledgment is completed.
_rAdditional information) The notary public must print his or her name as it appears within his or her
commission followed by a comma and then your title(notary public).
Print the name(s) of document signer(s) who personally appear at the time of
notarization.
CAPACITY CLAIMED BY THE SIGNER Indicate tile correct singular or plural forms by crossing off incorrect forms(i.e.
0 Individual 0) he/she/gie�"is/afe)or circling the correct forms.Failureto correctly indicate this
information may lead to rejection of document recording.
El Corporate Officer - The notary seal impression must be clear and photographically reproducible,
Impression must not cover text or lines. If seal impression smudges,re-seal if a
(Title) sufficient area permits,otherwise complete a different acknowledgment form.
El Partner(s) * Signature of the notary public must match the signature on file with the office of
11 Attomey-in-Fact tile county clerk.
Additional information is not required but could help to ensure this
El Trustee(s) acknowledgment is not misused or attached to a different document.
El Other Indicate title or type of attached document,number of pages and date.
Indicate the capacity claimed by the signer. If the claimed capacity is a
corporate officer,indicate the title(i.e.CEO,CFO,Secretary).
Securely attach this document to the signed document
2008 Version CAPA vl2.10.07 800-873-9865 %v%v-.v.NotaryClasses.com
CLOSING STATEMENT
MOFFAT FARM NORTH, LLC
to TOWN OF SOUTHOLD
part of SCTM #1000-55.-2-10.1
Total Development Rights Easement—20.5222 acres
Total Parcel Acreage - 25.5222 acres
Reserve Area Acreage - 5.0 acres
LIPA Easement Acreage —0.7009 (not included in purchase price)
Premises: 47775 County Road 48, Southold, New York
Closing held on Thursday, October 30, 2014
at 10:00 a.m., Southold Town Hall Annex
Purchase Price of $ 1,288,384.60 (based upon 19.8213 buildable acres @
$65,000/buildable acre) disbursed as follows:
Payable to Moffat Farm North, LLC $ 1,207,531.50
Check#122863 (10/3012014)
Payable to Scott DeSimone, McCarthy RE $ 38,651.60
Check#122861 (10/3012014)
Payable to Thomas J. McCarthy, McCarthy RE $ 38,651.50
Check#122862 (10/30/2014)
Payable to Patricia C. Moore, Esq. $ 3,550.00
Check#122864 (1013012014)
Total: $ 1,288,384.50
Project eligible for partial reimbursement costs from an awarded USDA-NRCS
grant in the amount of$593,760.00
Expenses of Closing:
Appraisal (pre-contract)
Payable to Elinor Brunswick, MAI 2,750.00
Check#120698 (4/8/2014)
Appraisal (supplemental update for federal arant)
Payable to Elinor Brunswick, MAI $ 750.00
Check # 122907 (11/5/2014)
Old Appraisals (pre-contract)
Payable to Given Associates, LLC $ 2,400.00
Check#090076 (3/13/2007)
Payable to Given Associates, LLC $ 2,300.00
Check#105550 (6/1/2010)
Survey
Payable to Peconic Surveyors, PC $ 3,850.00
Check #121908 (7/29/2014)
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00
Check#121727 (7/15/2014)
Title Report
Payable to Peconic Abstract, Inc. $ 6,270.00
Check#122865 (10/30/2014)
Title insurance policy $ 5565
Recording easement $ 410
Certified copy of easement $ 20
Recording C&R's $ 275
Title Closer Attendance Fee
Payable to Victoria Charczuk $ 150.00
Check#122860 (10/30/2014)
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.
Patricia C. Moore, acting on behalf of
Moffat Farm North, LLC
Melissa Spiro, LaWdPreservation Coordinator
Town of Southold
CERTIFICATE OF RESOLUTION
REGARDING SALE OF DEVELOPMENT RIGHTS
1, SEAN MOFFAT, being the managing member of Moffat Farm North, LLC , a New York
limited liability company(the"Company"), do hereby authorize my attorney,Patricia C. Moore,
to execute/initial all closing documents necessary to complete the sale of development rights
known as 47775 County Road 48, Southold. Town of Southold, Suffolk County,New York,to
Town of Southold.
Dated: 161�2-7 -20 1 y Moffat Farm North, LLC
By: ". G
Sean Moffat,Managing Member
Those present at Closing:
Scott A. Russell Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Patricia C. Moore, Esq. Attorney for Moffat Farm North, LLC
Tina Koslosky representing Moffat family
Jim Koslosky representing Moffat family
Victoria Charczuk Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Sr Adrn Asst
................... --------------- ------------ ..... ------------ -----------------......
...................... ....................... ..........-------------- ....................... ------------------------ .................
....................... ----------------------- ....
TOWN OF SOUTHOLD
VENDOR 013S91 MOFFAT FARM NORTH, LLC 10/30/2014 CHECK 122863
P.0 # INVOICE DESCRIPTION AMOUNT
FUND & ACCOUNT
H3 .86GO.2.600.100 14-518 *103014 20.5222 AC DEV RT-MOFF 1,207,531.SO
TOTAL 1,207,531.50
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VENDOR 004072 SCOTT DESIMONE 10/30/2014 CHECK 122861
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.GO'0.100 14-518 103014 SELLER'S FEE-MOFFAT 38, 651.50
TOTAL 38,651.50
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VENDOR 013087 THOMAS J. MCCARTHY 10/30/2014 CHECK . 122862
-FUND & ACCOUNT P.O.# INVOICE I DESCRIPTION AMOUNT
H3 .86GO.2.600.100 14-518 103014 BROKER'S FEE-MOFFAT 38,G51.50
TOTAL 38,651.50
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VENDOR 013549 PATRICIA- C. MOORE, ESQ. 10/30/2014 CHECK 122864
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
-H3 .8660.2.�00.100 14-518 103014 SELLER'S LGL FEE-MOFFAT 3,550.00
TOTAL 3,550.00
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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:clinor@brunswickappraisal.com
Sanford S.Brunswick Armand Brunswick,MAI
Elinor Brunswick MAI 1881-1960
State Certified General Appraisers
March 19, 2014
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: Development Rights Easement Acquisition
Moffat Farm North LLC Property
1000-55-2-p/o 10.001
47775 C.R.48
Southold,New York 11971
INVOICE
Real Estate Appraisal $2,750
Thank you very much.
RECEWER
-MAR 21 2014
DEPT.OF LAND
ERESERVATION
....................... ------------------- ................ ----------------- ...................... ---------------- ....................... .......................
---------
.................... ....................... ........................ ....................
.............. ..................... ...................... ..................... ............
TOW OF SOUMOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 04/08/2014 CHECK 120698
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 25309 031914 MOFFAT APPRAISAL-PEV RTS 2,750.00
TOTAL 2,750.00
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BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P.0. Box 674
Rockville Centre,New York 11571-0674
(63 1)�21-2344
FAX(631)424-9246
E-Mail:elinor@brunswickappraisal.com
Sanford S.Brunswick Armand Brunswick,MAI
Elinor Brunswick,MAI 1881-1960
State Certified General Appraisers
October 6, 2014
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: Development Rights Easement Acquisition
Moffat Farm North LLC Property
1000-55-2-p/o 10.001
47775 C.R. 48
Southold,New York 11971
INVOICE
Federal review and updated appraisal .$750
Thank you very much.
INECENED,
OCT 6 2014
DEPT.OF LAND
PRESERyal N
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TOWN OF SODTHOLD
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vEmDoo oou*oy ELImoa 000NawIco' MAI 11/05/2014 cooco 122907
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.500.200 27456 100614 UPDATED APPRAISAL-MOFFAT 7SO.00
TOTAL 750.00
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RGIVEN Invoice
A S S 0 C I A T E S Date Invoice#
548 Route 1111 PO Box 5305 212112001 241
Hauppauge, NY 11788
631-360-3474 Fax 631-360-3622
Bill To
Town of Southold
.-.P,O-.-Box 1.179.
Southold NY 11971-0959
Please make check payable to:GIVEN ASSOCIATES, LLC. File No. Terms
2007122/123 Due upon Receipt
Description Amount
Property of Moffat-Wolfe, Et. Al. Located 2,600.00
Southeasterly side of Middle Road (CR 48)
Southold,NY
S.C.T.M.#1000-55-3-6.1
Property of Moffat-Wolfe, Et. Al. Located 2,400.00
Northwesterly side of Middle Road(CR 48)
Southold,NY
S.C.T.M.#1000-55-2-10
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Thank you for your continued business. Balance Due $5,000.00
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FUND & Ac_c_QbWT P.9.# 11weleR — DBseRiPTIEW i0iE)blNT
H3 .8660 .2 .500 .200 16516 2007122 APPRA119AL �M�OFFAT�/WO �2,400�. 0O
H3 .8660 .2 .500.200 16516 2007123 (::::::::A!PP!!RAtIS!AtL-.Mf!!��
TOTAL 5, 000.00
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TOWN OF SOUTHOLD -SOUTHOLD,NY 11971-0959
EGIVEN Invoice
A S S 0 C I A T E S
Date Invoice#
548 Route 111, Suite 200 5/10/2010 155
Hauppauge, NY 11788
631-360-3474
-Fax 631-360-3622
bill To
Town of Southold
Southold NY 11971-0959
Please make check payable to:GIVEN ASSOCIATES,LLC. File No. Terms
2010148 Due upon Receipt
Description Amount
Property of Moffat-Wolfe HM Living Trust 2,300.00
Located Northwesterly side of Middle Road(CR 48)
Southold,NY
:S.C.T.M.#1000-55-2-10
DE -C E W E
MAY 12 Zo io
DEPT.OF LAND
PRESERVATION
Thank you for your continued business. TBalance Due $2,.300.00
R.GIVEN
..................... .......... ...................... ....... .............. ....................... .............. ..................... ........................ ........................
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TOWN OF SO UTHOLD
VENDOR 007416 GIVEN ASSOCIATES LLC 06/01/2010 CHECK 105550
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 BG60.2.500.200 20144 655 MOFFAT-WOLFE-LIVING TRST 2,300.00
TOTAL 2,300.00
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Nelson Pope&Voorhis, LLC
572 Walt Whitman Road
Melville,NY 11747
(631)421-5665
June 30,2014'
Melissa Spiro Project-No:- V14XO90.001.000
Town of Southold Dept of Land Presery Invoice-No: 10806
Town Hall Project Manager Steven McGinn
'53095 State Rt'25, PO Box 1179
Southold,..N(Y 11971
-Project V14XO90.001.000 Moffat Farm North,Southold
Profesgional'Services
— — — — — — —— — --- — — — --- —— — — ---- — — ---
Phase 'SA Site Audit
--- — — — — — — — — — — — — — — --- ——— — — — — — --- ——----
Task 1300 Phase I.ESA
Contra ct dated May 1,20-14
PhEise i.,Envi'ronme�tial-Site'Assessment
Work:Perfo(med Z/6-5/27114
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.-JUL 3- 20.14 t -421
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All in%iolces are due n.et 30 days. A late charge of 1%p'er'm'onth vvill'be added to a.ny unpai.d balafice"after 30 da'ys.
---------------------- —–--------7–-- ----------------------
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TOWN OF SOUTHOLD
VENDOR 014161 NELSON POPE & VOORHIS, LLC 07/15/2014 CHECK 121727
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 26933 10806 PHASE 1 ESA-MOFFAT ENVIA 1,050.00
TOTAL 1,050.00
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PECONIC SURVEYORS, P.C. Invoice
SOUTHOLD,NY 11971 Date Invoice#
1230 TRAVELER STREET
7/8/2014 If,'801
Bill To
TOWN OF SOUTHOLD
LAND PRESERVATION DEPTARTMENT
54375 RT 25
PO BOX 1179
SOUTHOLD,NY 11971
'P:
Terms Project
14-070 Net 30
Quantity Description Rate Amount
1 SURVEY-DEVELOPM[ENT RIGHTS EASEMENT. 3,850.00 3,850.00
MOFFIT FARM NORTH,LLC.S.0 TAX MAP#1000-55-02-10.1
RECOVED
JUL 2014
DEPI OF LAND
-PRESERVATION
We appreciate your prompt payment
Phon'.e# Total $3,850.00
631-765-5020
--------------------- ....................... ..................... ..................... ............. ......................
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TOWN OF SOU7HOLD
VENDOR 016144 PECONIC SURVEYORS, P.C. 07/29/2014 CHECK 121908
FUND &�ACCOUNT P..O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.1010 26934 1801 SURVEY-MOFFAT FARM NORTH 3,850.00
TOTAL 3,850.00
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TOWNOFSOUTHOLD
VENDOR 016139 P.ECONIC ABSTRACT, INC. 10/30/2014 CHECK 1228G5
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8660.2.600.100 14-S18 641-S-04097 TITLE INS-MOFFAT 5,S65.00
H3 .8660.2.600.160 14-518 641-S-04097 EASMNT RCRD FEE-MOFFAT 410.00
H3 .8660.2.600.100 14-518 641--S-04097 C&RIS RCRDNG FEE-MOFFAT 275.00
H3 .8660.2.600.100 14-518 641-S-04097 CERT.COPY EASMNT-MOFFAT 20.00
TOTAL 6,270.00
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TOWN OF SOUTHOLD
VENDOR 007G59 VICTORIA CHARCZUK 10/30/2014 CHECK 1228GO
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
H3 .8GGO.2.600.100 14-518 G41–S-04097 TITLE CLOSURE FEE–MOFFAT 150.00
TOTAL 150.00
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OFFICE LOCATION:
MELISSA A.SPIRO Town Hall Annex
LAND PRESERVATION COORDINATOR 54375 State Route 25
melissa.spiro@town.southold.ny.us (comer of Main Rd&Youngs Ave)
co Southold,New York
C*
Telephone(631)765-5711 W-
Facsimile(631)765-6640 MAILING ADDRESS:
P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: October 30,2014
Re: MOFFAT FARM NORTH, LLC to TOWN OF SOUTHOLD
Part of SCTM#1000-55.-2-10.1
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 any additional information regarding the purchase, please feel free to contact me.
LOCATION: 47775 CR 48,Southold
SCTM#: part of 1000-55.-2-10.1
PROPERTY OWNER: Moffat Farm North, LLC
CONTRACT DATE: June 4,2014
PURCHASE DATE: Closing took place on October 30,2014
PURCHASE PRICE: $ 1,288,384.50($65,000/buildable acre based on 19.8213 buildable acres)
EASEMENT ACREAGE: 20.5222 acres
TOTAL PARCEL ACREAGE: 25.5222 acres
RESERVED AREA: 5.0 acres
LIPA EASEMENT AREA: 0.7009 acre(excluded from purchase price;included within easement area)
FUNDING: Community Preservation Fund
GRANT AWARD: $593,750.00—USDA NRCS(reimbursement)
MISCELLANEOUS: A Declaration of Covenants&Restrictions was recorded at the time of closing.
The Declaration includes restrictions pertaining to access to both the area
subject to Easement and the Reserved Area, and to the Reserved Area
subdivision.