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Page I Filing Fee Mortgage Amt
Handling 5� .1 Basic Tax
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Notation Sub Total
EA-52 17(County) Sub Total SpecJAssit
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Held for Apportionment
Affidavit j 4 Transfer Tax
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Certified Copy �v',tj�� Mansion Tax _
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Reg.Copy will be improved by a one or two fan
Sub Total dwelling only
Other S YES or NO
GRAND TOTAL If NO,see appropriate tax clause on pa8
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of this instrument
S Real Property Tax Service Agency Verification 6 Community Preservation Fun
Dist. Section Block Lot Consideration Amnount$
Stamp 1000 08400 0100 008001 CPF Tax Due $
R T S Improved
Date R KTI A P
1-APR-O
Initials Vacant Land_
7 Satisfactions/Diseliarges/Releases List Property Owners Mailing Address TD
RECORD&RETURN TO:
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Lisa Clare Kombrink
235 Hampton Road, 2nd Floor
Southampton, New York 11968
FtITitle Company Information
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Suffolk Count IF"XIcording & Endorsement Page
This page fomis part of the attached Grant of Development Rights Easement _ made
(SPECIFY TYPE OF,MS"IRI1MENT)
DUBNER
The premises herein is situated in
SUFFOLK COUNTY,NEW YORK-
10
ORK10 In the"1'ownsiup of 2"(141W
TOWN OF SOUTHOLD In the VILLAGE
or IIAMLFT of
BOXES 5 THRU 9 MUST BE TYPED OR PRIM"i ED IN BLACK INK ONLY PRIOR FO RECORDING OR FILING.
(OVE
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11111111111 llill Illli llfll IIIA VIII Ilill 1lfll IIII IIII
I!I I I I I I I I I!(I I I I I!I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT/DOP Recorded: 04/27/2005
Number of Pages: 20 At: 03:03:38 PM
Receipt Number : 05-0045271
TRANSFER TAX NUMBER: 04-38602 LIBER: DO0012384
PAGE: 373
District: Section: Block: Lot:
1000 084.00 01.00 008.001
EXAMINED AND CHARGED AS FOLLOWS
ped Amount: $0.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $60.00 NO Handling $5.00 NO
COE $5.00 NO NYS SRCHG
$15.00 NO
TP-584 $5.00 NO Notation $0.00 NO
Cert.Copies $13.00 NO RPT $30.00 NO
SCTM $0.00 NO Transfer tax
$0.00 NO
Comm.Pres $0.00 NO
TRANSFER TAX NUMBER: 04-38602 Fees Paid $133.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
pp County Clerk, Suffolk County
U
D
MAY 13 2005
DEPT OF LAND
PRESERVATION
1/4/04 North
J 1004-84-1-8
DEED OF CONSERVATION EASEMENT
Z�
THIS CONSERVATION EASEMENT ("Easement") is granted this
day of January, 2005, by STEVEN DUBNER. ("Grantor") having an address of
140 Half Hollow Road, Dix Hills, New York 11746 to THE TOWN OF SOUTHOLD
("Grantee"), a New York municipal corporation having an office at 53095
Main Road, P.O. Box 1179, Southold, New York.
WHEREAS:
A. Grantor is the owner of certain real property (the "Property")
consisting of 20.9216 acres, in one parcel located at 24515 County Road 48,
Cutchogue, 11935 in the Town of Southold, Suffolk County, New York,
SCTM# 1000-84-1-8, more fully described in EXHIBIT A attached hereto and
shown on the survey dated February 18, 2004, and last revised 12/3/2004
prepared by Peconic Surveyors; and
B. Grantee is a municipal corporation and has the authority pursuant
to Section 247 of the General Municipal Law and Article 49, Title 3 of the
New York Environmental Conservation Law (the "ECL") to acquire
conservation easements.
C. The Property consists primarily of productive agricultural land. The
Property contains 20.9216 acres of prime soils, and 0 acres of soils of
statewide importance as defined by the U.S. Department of Agriculture
Natural Resources Conservation Service.
D. Article 14, Section 4 of the New York State Constitution states that
"the policy of this state shall be to conserve and protect its natural resources
and scenic beauty and encourage the development and improvement of its
agricultural lands for the production of food and other agricultural products;"
E. In Section 49-0301 of the ECL, the Legislature of the State of New
York found and declared that "in order to implement the state policy of
conserving, preserving and protecting its environmental assets and natural
and man-made resources, the preservation of open spaces, and the
preservation, development and improvement of agricultural and forest
lands..., is fundamental to the maintenance, enhancement and improvement
of...balanced economic growth and the quality of life in all areas of the
state;"
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F. The Property is located within Suffolk County's Agricultural District
#1, created pursuant to Article 25AA of the New York State Agriculture and
Markets Law. In Section 300, it states: "It is hereby found and declared that
many of the agricultural lands in New York State are in jeopardy of being lost
for any agricultural purposes. When nonagricultural development extends
into farm areas, competition for limited resources results...It is therefore the
declared policy of the state to conserve, protect and encourage the
development and improvement of its agricultural land for production of food
and other agricultural products...It is the purpose of this article to provide a
locally-initiated mechanism for the protection and enhancement of New York
State's agricultural land as a viable segment of the local and state economies
and as an economic and environmental resource of major importance;"
G. Article 25-AAA, Section 321 of the Agriculture and Markets Law
states that "It is hereby found and declared that agricultural lands are
irreplaceable state assets. In an ,effort to maintain the economic viability,
and the environmental and landscape preservation values associated with
agriculture..." the Commissioner is authorized to administer programs to
assist counties in developing agricultural and farmland protection plans and
to assist both county and municipal governments in the implementation of
such plans. The Commissioner gives priority to projects that will preserve
viable agricultural land, are located in areas facing significant development
pressure and serve as a buffer for a significant natural public resource
containing important ecosystem or habitat characteristics;
H. The property is located within the Town of Southold, which has
adopted the Southold Town Farm and Farmland Protection Strategy, dated
January, 2000. The Plan recommends that the Town continue its efforts to
preserve land suitable for farming and ensure that farming remains an
important part of the local economy. The Plan also recommends that the
Town participate in partnership efforts with the Federal, State and County
governments and related grant programs in order to use the Town's limited
financial resources most effectively.
I. Grantor has received independent legal and financial advice
regarding this Easement to the extent that Grantor has deemed necessary.
Grantor freely signs this Easement in order to accomplish its conservation
purposes.
NOW, THEREFORE, in consideration of the foregoing, SIX HUNDRED and
THREE THOUSAND-SIX HUNDRED and TWENTY ONE Dollars($603,621.00)
and the mutual covenants, terms, conditions and restrictions contained herein,
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the parties agree as follows:
1. Grant of Conservation Easement
Grantor hereby grants and conveys to Grantee, a Conservation
Easement (the "Easement"), an immediately vested interest in real property
defined by Article 49, Title 3'of the ECL of the nature and character described
herein, for the benefit of the general public, which Easement shall run with
and bind the Property in perpetuity. Grantor will neither perform, nor
knowingly allow others to perform, any act on or affecting the Property that is
inconsistent with the covenants contained herein. Grantor authorizes Grantee
to enforce these covenants in the manner described below.
2. Purpose
It is the primary purpose of this Easement to: a) enable the Property
to remain in agricultural or forestry use for current and future production of
food and fiber, and livestock and livestock products, by protecting in
perpetuity its agricultural and forestry values, use and utility, including its
prime, statewide important and unique agricultural soils; and b) prevent any
use of the Property that would significantly impair or interfere with its long-
term agricultural and forestry viability. It is the secondary purpose of this
Easement to conserve and protect the Property's open space resources, and
their associated unique and special natural features to the extent that such
protection does not conflict with the primary purpose of this Easement.
3. Implementation
This Easement shall be implemented by limiting and restricting the
development and use of the Property in accordance with its provisions. No
use of the property shall occur and no permanent or temporary structures or
other buildings or improvements shall hereafter be constructed, placed or
maintained on the Property, except as specifically provided herein. The
Property remains-subject to all applicable local, state and federal laws and
regulations.
4. Definitions
As used in this Easement, the terms "Grantor" or "owner" include the
original Grantor, its heirs, successors and assigns, all future owners of any
legal or equitable interest in all or any portion of the Property, and any party
entitled to the possession or use of all or any part thereof; and the term
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"Grantee" includes the original Grantee(s) and its[their] successors and
assigns.
The term "Sound Agricultural Practices" is defined as those practices
necessary for on-farm production, preparation and marketing of agricultural
commodities, provided such practices are legal, necessary, do not cause bodily
harm or property damage off the farm, and achieve the intended results in a
reasonable and supportable way. If necessary, to determine if a practice is
"sound," Grantee or Grantor may request the New York State Department of
Agriculture and Markets to initiate a sound agricultural practice review
pursuant to Section 308 of the New York State Agriculture and Markets Law,
or any successor statute.
The term "Farm Labor Housing" means structures used to house
seasonal and/or full-time employees where such residences are provided by
the farm landowner and/or operator, the worker is an essential employee of
the farm landowner and/or operator employed in the operation of the farm
and the farm worker is not a partner or owner of the farm operation. For
instance, a mobile or manufactured home used as the primary residence of a
farm owner is not farm labor housing.
5. Reserved Rights Retained by Grantor
Notwithstanding any provisions of this Easement to the contrary,
Grantor reserves all customary rights and privileges of ownership, including
the right of exclusive use, possession and enjoyment of the Property, the
rights to sell, lease, and devise the Property, as well as any other rights
consistent with the Purpose set forth in Section 2 and not specifically
prohibited or limited by this Easement. Unless otherwise specified below,
nothing in this Easement shall require Grantor to take any action to restore
the condition of the Property after any Act of God. Nothing in this Easement
relieves Grantor of any obligation with respect to the Property or restriction on
the use of the Property imposed by law.
6. Access
Nothing contained in this Easement shall give or grant to the public a
right to enter upon or to use the Property or any portion thereof where no
such right existed in the public immediately prior to the execution of this
Easement.
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7. Right to Use Property for Rural and Agricultural Uses
Grantor has the right to produce crops, livestock and livestock
products and conduct farm operations as defined under Section 301 of the
New York State Agriculture and Markets Law ("Agriculture and Markets
Law"), or such successor law as is later promulgated, which includes but is
not limited to the right to establish, reestablish, maintain, and use cultivated
fields, orchards, pastures and woodlands. Said farming practices 'shall be
carried out in accordance with Sound Agricultural Practices as defined herein.
In addition, Grantor has the right to distribute farm products, subject to the
limitations set forth in this Easement, including Section 10 ("Construction of
Buildings and Other Improvements").
8. Right to Use the Property for Recreational Purposes
Grantor retains the right to use the Property for otherwise lawful
recreational uses, including, but not limited to, hunting, fishing, cross-
country skiing and snowmobiling, subject to the limitations set forth in this
Easement, including Section 10 ("Construction of Buildings and Other
Improvements").
9. Maintenance
Should the property cease to be used for agricultural purposes for
more than three (3) years, the agricultural fields containing prime, statewide
important and unique soils will be mowed at least triennially or otherwise
maintained in a condition which will prevent growth of woody vegetation that
would interfere with future agricultural use or which might result in
interference with drainage systems, or in reversion of significant portions of
the Property to regulated wetland status. Similarly, during prolonged
periods of disuse for agricultural purposes, artificial and natural drainage
systems must be maintained in a functional state by the Grantor. If Grantor
does not comply with this provision, Grantee shall have the right, but not the
obligation, to mow such fields, at Grantee's sole expense, if it so chooses.
10. Construction of Buildings and Other Improvements
Grantor may undertake construction, erection, installation, removal or
placement of buildings, structures, or other improvement to the Property
only as provided in this Easement and set forth below.
10(a) Fences -- Existing fences may be repaired, removed and replaced,
P
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and new fences may be built on the Property for purposes of reasonable and
customary management of livestock and wildlife and to prevent trespassing on
the Property.
10(b) New Agricultural Structures and Improvements - Without
permission of Grantee, Grantor may construct new buildings, structures and
impervious improvements including asphalt and concrete roads and parking
areas on up to 5% of the Property to be used primarily for purposes related
to a "Farm Operation," as defined in New York State Agriculture and Markets
Law § 301 or any successor statute and for such other agricultural purposes
as (i) the production, storage or sale of farm products or by-products, (ii)
the storage of equipment used for agricultural production, (iii) .the keeping of
livestock or other animals and (iv) farm labor housing.
Such new buildings, structures and impervious improvements shall_ not
include those used for the processing and packaging of farm products. Such
coverage limitations do not apply to permeable surfaces such as gravel roads
and parking areas, structures that protect soil and water resources, such as
manure storage areas, and structures and improvements lacking permanent
foundations where the land underneath is not covered by impervious surfaces.
Permission is required by Grantee for the construction of such buildings,
structures and improvements that would cover more than 5% of such area.
10(c) New Farm Labor Housing - Without permission of Grantee,
Grantor has the right to construct new dwellings or structures for Farm Labor
Housing as defined in Paragraph 4, together with new agricultural structures
and improvements permitted in Section 10(c) above, on up to 5% of the
property. With advance written permission of the Grantee, pursuant to
Section 18 (Permission), Grantor has the right to construct such Farm Labor
Housing within the remaining Property. The land on which these structures
stand shall not be subdivided.
10(d) Any one or more new recreational improvements proposed for the
Property that exceed an aggregate footprint of 400 square feet may be located
only with the advance written permission of Grantee. Under no circumstances
shall athletic fields, golf courses or ranges, commercial airstrips, commercial
helicopter pads or any other similar recreational improvements that interfere
with the Purpose of this Easement, significantly disturb the farm soils, or
otherwise adversely affect agricultural and forestry uses on a continuing basis
be allowed on the Property.
10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables
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or other facilities providing electrical, gas, water, sewer, communications, or
other utility services to the improvements permitted in this Easement may
be installed, maintained, repaired, removed, relocated and replaced, and
Grantor may grant easements over and under the Property for such
purposes. Septic or other underground sanitary systems serving the
improvements permitted herein may be installed, maintained, repaired or
improved. Services are limited to structures permitted on the Property
pursuant to Section 18 ("Permission").
10(f) Ancillary Improvements - Other improvements, including, but
not limited to facilities for the generation and transmission of electrical
power for agricultural production uses on the Property, such as windmills and
detached solar arrays may be built only with the permission of Grantee,
pursuant to Section 18 ("Permission").
11. Maintenance and Improvement of Water Sources
Grantor maintains the right to use, maintain, establish, construct, and
improve water sources, water courses and water bodies within the Property
for the uses permitted by this Easement, provided that Grantor does not
significantly impair or disturb the natural course of the surface water drainage
or runoff flowing over the Property. Grantor may alter the natural flow of
water over the Property in order to improve drainage of agricultural soils,
reduce soil erosion, provide irrigation for the Property or improve the
agricultural or forest management potential of the Property, provided such
alteration is consistent with Sound Agricultural Practices, the Purpose of this
Easement and is carried out in accordance with applicable State and federal
laws and regulations.
12. Water Rights
Grantor retains and reserves the right to use any appurtenant water
rights sufficient to maintain the agricultural productivity of the Property.
Grantor shall not transfer, encumber, lease, sell or otherwise sever such water
rights from title to the Property itself.
13. Subdivision
The Property may not be further subdivided pursuant to Town Law
Sections 265, 276 or 277 or Section 335 of the Real Property Law, as'they
may be amended, or any other applicable State or local law. "Subdivision"
shall include the division of the portion of the Property from which the
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development rights are acquired into two or more parcels, in whole or in
part. Notwithstanding this provision, the underlying fee interest may be
divided by conveyance of parts thereof to heirs or next of kin by will or
operation of law, or with written consent of the Purchaser.
14. Forest Management
Without prior written permission from Grantee, Grantor may clear
forested areas for conversion to farmland, may harvest wood for on-farm use
including heating or construction of buildings and improvements, and may
remove trees that are fallen, dead, diseased or dangerous, so long as it is
consistent with Sound Agricultural Practices.
Without prior written permission from Grantee, Grantor may commercially
harvest timber and other wood products and construct, maintain, remove, and
repair unpaved access roads and "staging areas" (those areas where logs are
temporarily stored for transport) necessary for such activities, in accordance
with generally-accepted forest best management practices (as outlined in a
forest management and harvest pian) that shall not result in significant
degradation of soil and water resources. Such commercial timber cutting shall
be carried out only in accordance with a forest management plan and harvest
plan prepared by a forester who is certified by the Society of American
Foresters or such successor organization as is later created, or a Cooperating
Consulting Forester with the New York State Department of Environmental
Conservation.
In order to facilitate the monitoring and stewardship of this Conservation
Easement, to ensure continuing communication between parties, Grantor shall
give Grantee, its successors or assigns, written notice thereof not less than
forty-five (45) days prior to the anticipated commencement of any commercial
timber harvest. Such written notice shall include submission of the .current
forest management plan and harvest plan.
15. Excavation and removal of Materials; Mining
The excavating or filling of the Property, except as may be necessary
to construct and maintain permitted structures and improvements on the
Property, or in connection with necessary drainage and soil conservation
programs, shall be prohibited, without the prior written consent of Grantee.
Mineral exploitation, and extraction by any method, surface or subsurface, is
prohibited. The removal of topsoil, sand, or other materials shall not take
place, nor shall the topography of the Property be changed except to
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i
j construct and maintain the permitted structures and improvements on the
Property and for farm operations, erosion control and soil management,
without the prior written consent of Grantee.
16. Road Construction
Grantor may construct roads for barnyards, farm markets, farm roads, or
other improvements necessary to provide access to, and parking for, permitted
buildings or improvements, or to conduct other activities permitted by this
Easement, provided to the greatest extent practicable, impact to the prime,
statewide important and unique soils is minimized. No other portion of the
Property shall be paved or otherwise covered with concrete, asphalt, or any
other impervious paving material.
17. Dumping and Trash
The dumping, land filling, burial, application, injection, or accumulation
of any kind of garbage, trash or debris on the Property is prohibited, other
than agriculturally-related waste or biodegradable material in accordance
with Sound Agricultural Practices and any applicable State or federal law or
regulation. However, this shall not prevent the storage of agricultural
products and byproducts, temporary storage of trash or household waste in
receptacles for periodic off-site disposal, and composting or re-use of
biodegradable materials as permitted in Section 7 ("Right to Use Property for
Agricultural Uses"), generated off the Property for use on the Property or
commercial use so long as they are used and stored in accordance with
Sound Agricultural Practices. Notwithstanding the foregoing, the storage and
treatment of sewage associated with buildings permitted on the Property, is
permitted by this Easement.
18. Permission of Grantee
Where Grantor is required to obtain Grantee's permission for a
proposed action hereunder, said permission shall be requested in writing.
Grantee shall grant permission unless it determines that such action would 1)
violate the Purpose of this Easement, 2) impair the potential for long-term
agricultural viability associated with the Property, or 3) unnecessarily impede
the use of Property's prime, statewide important or unique soils. Grantee
shall respond in writing within forty-five (45) days of receipt of the Grantor's
written request which shall include building plans identifying the use, footprint
and total square footage of any proposed structures, and related survey
information, if available. Grantee shall not be liable for damages for any
9 of 20
failure to grant permission to Grantor.
19. Ongoing Responsibilities of Grantor and Grantee
Other than as specified herein, this Easement is not intended to impose
any legal or other responsibility on Grantee, or in any way to affect any
obligations of Grantor as owner of the Property, including, but not limited to,
the following:
19(a) Taxes -- Grantor shall be solely responsible for payment of all
taxes and assessments levied against the Property. If the Grantor becomes
delinquent in payment of taxes the Grantee, at its option, shall have the
right to take such actions as may be necessary to protect the Grantee's
interest in the Property and to assure the continued enforceability of this
instrument and to recover all of its costs including reasonable attorney's
fees. If, as a result of such actions, Grantee ever pays any taxes or
assessments on Grantors interest in the Property, Grantor will promptly
reimburse Grantee for the same.
19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for
the upkeep and maintenance of the Property, to the extent required by law
and this Easement. Grantee shall have no obligation for the upkeep or
maintenance of the Property.
19(c) Liability and Indemnification - Grantor agrees to indemnify and
hold Grantee and the State of New York, Department of Agriculture and
Markets harmless from any and all costs, claims or liability, including but not
limited to reasonable attorneys fees arising from any personal injury,
accidents, negligence or damage relating to the Property, or any claim
thereof, unless due to the negligence of Grantee or its agents, in which case
liability shall be apportioned accordingly.
20. Extinguishment of Development Rights
Except as otherwise reserved to the Grantor in this Easement, all
development rights appurtenant to the Property are hereby released,
terminated and extinguished, and may not be used on or transferred to any
portion of the Property as it now or hereafter may be bounded or described, or
to any other property adjacent or otherwise, or used for the purpose of
calculating permissible lot yield of the Property or any other property.
21. Baseline Documentation
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By its execution of this Easement, Grantee acknowledges that the
present uses of the Property are permitted by this Easement. In order to
evidence the present condition of the Property (including both natural and
man-made features) so as to facilitate future monitoring and enforcement of
this Easement, a Baseline Documentation Report, including maps, describing
j such condition at the date hereof, has been prepared and a copy will be kept
on file with Grantee. The Report may be used by Grantee to establish that a
change in the use or character of the Property has occurred, but its existence
shall not preclude the use by Grantee of other evidence to establish the
condition of the Property as of the date of this Easement.
22. Right of Inspection
Grantee shall have the right to enter upon the Property upon forty-eight
(48) hours advance notice to Grantor for the purpose of inspecting for
compliance with the terms of this Easement. Such inspection shall be
conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not
a legal holiday recognized by the State of New York or at a date and time
agreeable to the Grantee and Grantor. In the instance of a violation or
suspected violation of the terms of this Easement which has caused or
threatens to cause irreparable harm to any of the agricultural or other
resources this Easement is designed to protect, no such advance notice is
required. Representatives of the New York State Department of Agriculture
and Markets shall have the same right of inspection.
23. Enforcement
If Grantee determines that a violation of this Easement has occurred,
Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the
violation. Notwithstanding the foregoing, where Grantee in Grantee's sole
discretion determines that an ongoing or threatened violation could
irreversibly diminish or impair the Purpose of this Easement, Grantee may
bring an action to enjoin the violation, ex parte if necessary, through
temporary or permanent injunction.
In addition to injunctive relief, Grantee shall be entitled to seek the
following remedies in the event of a violation:
(a) money damages, including damages for the loss of the resources
protected under the Purpose of this Easement; and
(b) restoration of the Property to its condition existing prior to such
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violation.
Said remedies shall be cumulative and shall be in addition to all
remedies now or hereafter existing at law or in equity. In any case where a
court finds that a violation has occurred, Grantor shall reimburse Grantee for
all its expenses incurred in stopping and correcting the violation, including,
but not limited to, reasonable attorneys' fees. The failure of Grantee to
discover a violation or to take immediate legal action shall not bar Grantee
from doing so at a later time. In any case where a court finds no violation
has occurred, each party shall bear its own costs.
24. Transfer of Property
Any subsequent conveyance, including, without limitation, transfer,
lease or mortgage of the Property, shall be subject to this Easement, and
any deed or other instrument evidencing or effecting such conveyance shall
contain language substantially as follows: "This {conveyance, lease,
mortgage, easement, etc.} is subject to a Conservation Easement which
runs with the land and which was granted to Town of Southold by instrument
dated , and recorded in the office of the Clerk of Suffolk County at
Liber at Page Grantor shall notify Grantee in writing at
least thirty (30) days before conveying the Property, or any part thereof or
interest therein, to any third party. The failure to notify Grantee or to include
said language in any deed or instrument shall not, however, affect the
validity or applicability of this Easement to the Property or limit its
enforceability in any way.
25. Amendment of Easement
This Easement may be amended only with the written consent of
Grantee and current Grantor and with the approval of the New York State
Department of Agriculture and Markets. Any such amendment shall be
consistent with the Purpose of this Easement and shall comply with the
Conservation Law or any regulations promulgated thereunder. Any such
amendment shall be duly recorded.
26. Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 25 or 59, as applicable, of the
Town Code of the Town of Southold, 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
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L15A ULAKE KUMBRIW PAGE 02
shall alter the limitations placed upon the alienation of this property rights or
interests which were acquired by the Town prior to any such amendment.
27. Extinguishment of Easement
At the mutual request of Grantor, Grantee and New York State
Department of Agriculture and Markets, a court with jurisdiction may, if it
determines that conditions surrounding the Property have changed so much
that it becomes impossible to fulfill the Purpose of this Easement described in
Section 2, extinguish or modify this Easement in accordance with applicable
law. In that case, the mere cessation of farming on the Property shall not be
construed to be grounds for extinguishment of this Easement.
Notwithstanding the foregoing, if condemnation by exercise of the power
of eminent domain make impossible the continued use of the Property for
Purpose of this Easement, as described in Section 2 ("Purpose") herein, the
restrictions may be extinguished by judicial proceeding. In either case, upon
any subsequent sale, exchange or involuntary conversion by the Grantor,
Grantee shall be entitled to a portion of the proceeds from any subsequent sale
or other disposition of the Property, or title insurance proceeds, in accordance
with Section 28("Proceeds") herein.
28. Proceeds
The grant of this Easement gives rise to a property right, immediately
vested in Grantee, which, for purposes of calculating proceeds from a sale or
other disposition of the Property as contemplated under Section 27
("Extinguishment of Easement"), shall have a value equal to a percentage of
the value of the Property unencumbered by this Easement (the "Proportionate
Share"). The Proportionate Share is determined by dividing the value of this
Easement, calculated at the price per acre set forth in the Purchase/Sale
Agreement, by the unencumbered value of the Property, calculated as of the
date of the appraisal obtained by Grantee prior to execution of this easement.
The Proportionate Share is 61P/0. The Proportionate Share shall remain
constant (subject to reasonable adjustment to the extent permissible under
Section 17O(h) of the Internal Revenue Code for any improvements which
may hereafter be made on the Property).
With regard to the portion of such Proportionate Share equal to the
percentage of the purchase price of this Easement that was paid using State
Farmland Protection Program Grant funds, Grantee agrees to use such portion
in a manner consistent with the Purpose of this Easement. Prior to such re-
_ ' 13 of 20
use, Grantee must notify the New York State Department of Agriculture and
Markets
29. Interpretation
This Easement shall be interpreted under the laws of the State of New
York, or federal law, as appropriate. Any general rule of construction to the
contrary notwithstanding, this Easement shall be liberally construed to effect
the Purpose of this Easement. If any provision in this Easement is found to be
ambiguous, an interpretation consistent with the Purpose of this Easement
that would render the provision valid shall be favored over any interpretation
that would render it invalid.
30. Successors
Every provision of this Easement that applies to Grantor or Grantee shall
also apply to their respective agents, heirs, executors, administrators, assigns,
and other successors in interest, and shall continue as a servitude running in
perpetuity with the Property.
31. Severability
Invalidity of any of the covenants, terms or conditions of this Easement,
or any part thereof, by court order or judgment shall in no way affect the
validity of any of the other provisions hereof which shall remain in full force
and effect.
32. Notices
Any notice required or desired to be given under this Easement shall
be in writing and shall be sent by (i) personal delivery, (ii) via registered or
certified mail, return receipt requested, or (iii) via Federal Express or other
private courier of national reputation providing written evidence of delivery.
Notice shall be deemed given upon receipt in the case of personal delivery,
and upon delivery by the U.S. Postal Service or private courier. All notices
shall be properly addressed as follows: (a) if to Grantee, at the address set
forth above; (b) if to Grantor, at the address set forth above; (c) if to any
subsequent owner, at the address of the Property;(d) if to New York State
Department of Agriculture and Markets, 1OB Airline Drive, Albany, New York
12235. Any party can change the address to which notices are to be sent to
him, her or it by duly giving notice pursuant to this Section.
14 of 20
i
33. Title
The Grantor covenants and represents that the Grantor is the sole
owner and is seized of the Property in fee simple and has good right to grant
and convey the aforesaid Easement; that the Property is free and clear of
any and all mortgages not subordinated to this Easement, and that the
Grantee shall have the use of and enjoyment of the benefits derived from
and existing out of the aforesaid Easement.
34. Subsequent Liens on Property
No provisions of this Easement should be construed as impairing the
ability of Grantor to use this Property, or a portion thereof encompassing
entire separately deeded parcels, as collateral for a subsequent borrowing.
35. Subsequent Encumbrances
The grant of any easements or use restrictions is prohibited, except with
the permission of Grantee.
t
y 36. Grantor's Environmental Warranty
Nothing in this Easement shall be construed as giving rise to any right or
ability in Grantee, or the New York State Department of Agriculture and
Markets to exercise physical or management control over the day-to-day
operations of the Property, or any of Grantor's activities on the Property, or
otherwise to become an operator with respect to the Property within the
meaning of The Comprehensive Environmental Response, Compensation,
and Liability Act of 1980, as amended ("CERCLA") or any corresponding
state and local statute or ordinance.
Grantor warrants that it has no actual knowledge of a release or
threatened release of hazardous substances or wastes on the Property, as
such substances and wastes are defined by applicable law, and hereby
promises to indemnify Grantee, and New York State Department of Agriculture
and Markets against, and hold Grantee and New York State Department of
Agriculture and Markets harmless from, any and all loss, cost, claim (without
regard to its merit), liability or expense (including reasonable attorneys' fees)
arising from or with respect to any release of hazardous waste or violation of
15 of 20
environmental laws.
If at any time after the effective date of this Easement there occurs a
release in, on, or about the property of any substance now or hereafter
defined, listed, or otherwise classified pursuant to any federal, state, or local
law, regulation, or requirement as hazardous, toxic, polluting, or otherwise
contaminating to the air, water, or soil, or in any way harmful or threatening
to human health or the environment, Grantor agrees to take all steps that
may be required under federal, state, or local law necessary to assure its
containment and remediation, including any cleanup.
37. Duration of Easement
Except as expressly otherwise provided herein, this Easement shall be of
perpetual duration, and no merger of title, estate or interest shall be deemed
effected by any previous, contemporaneous, or subsequent deed, grant, or
assignment of an interest or estate in the Property, or any portion thereof, to
Grantee, it being the express intent of the parties that this Easement not be
extinguished by, or merged into, any other interest or estate in the Property
now or hereafter held by Grantee.
38. Entire Agreement
This instrument sets forth the entire agreement of the parties with
respect to the Easement and supersedes all prior discussions, negotiations,
understandings and agreements relating to the Easement, all of which are
merged herein. No alteration or variation of this instrument shall be valid or
binding unless contained in an amendment that complies with Section 25
("Amendment").
39. Waiver
No waiver by Grantee of any default, or breach hereunder, whether
intentional or not, shall be deemed to extend to any prior or subsequent
default or breach hereunder or affect in any way any rights arising by virtue of
any prior or subsequent such occurrence. No waiver shall be binding unless
executed in writing by Grantee.
40. Binding Effect
The provisions of this Easement shall run with the Property in perpetuity
and shall bind and be enforceable against the Grantor and all future owners and
16 of 20
any party entitled to possess or use the Property or any portion thereof while
such party is the owner or entitled to possession or use thereof.
Notwithstanding the foregoing, upon any transfer of title, the transferor shall,
with respect to the Property transferred cease being a Grantor or owner with
respect to such Property for purposes of this Easement and shall, with respect
to the Property transferred, have no further responsibility, rights or liability
hereunder for acts done or conditions arising thereafter on or with respect to
such Property, but the transferor shall remain liable for earlier acts and
conditions done or occurring during the period of his or her ownership or
conduct.
41. Captions
The captions in this instrument have been inserted solely for
convenience of reference and are not a part of this,instrument and shall
have no effect upon construction or interpretation.
IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally
bound hereby, have ereunto heir hands on the date first above written.
Grantor:
STEVEN DUBNER
Grant e: TOWN OF SOUTHOLD
By: Q
J HUA Y. HORTON, SUPERVISOR
State of New York )
County of;414V ),ss:
On the f day of in the year 2005 before me,the undersigned,personally appeared
STEVEN DUBNER, pe�y known to me or proved to me on the basis of satisfactory
evidence to be the individual (s)whose name(s) is(are)subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by
his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which
the individual(s)acted,executed the instrument.
Signature/office of i"iuia2lt acknowledgement
/Y t
KAREN J.HAGEN
17 of 20 NOTARY PUBLIC A90Now Y
orkNo. � 272
Oualitled i� uofuny
Commission ExPench /
State of New York )
County of �gFfof j ,ss:
On the 1Z1- `day of_toll LI in the year 2005 before me,the undersigned,personally
appeared JOSHUA Y.HORTON, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within
instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity
(ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon
behalf of which the individual(s)acted, xecuted the instnun nt.
Signature office md' idual g acknowledgement e
kF Stewart Title Insurance Company
Title No: 24-5-0177
Schedule A Description
ALL that certain plot,piece or parcel of land with the buildings and improvements
thereon erected, situate,lying and being at Peconic,in the Town of Southold,County of Suffolk
and State of New York,bounded and described as follows:
BEGINNING at a point on the northerly side of Middle Road(C.R. 48) as widened,
distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the
west side of Bridge Lane with the north side of Middle Road;
RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30
minutes 00 seconds west 515 feet to other lands of Steven Dubner Landscaping;
THENCE along said other lands of Steven Dubner.
` North 47 degrees 30 minutes 30 seconds West 190.41;
-- South 42 degrees 29 minutes 30 seconds West 98.60 feet;
North 47 degrees 30 minutes 30 seconds West 399.27;
South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of
Persistence Properties,LLC;
THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30
minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and
Michael Demchak;
RUNNING THENCE along said lands of Maria and Michael Demchak and other lands North
70 degrees 26 minutes 30 seconds East 660.27 feet to a monument;
THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of
Middle Road,the point or place of BEGINNING.
� 1
TOGETHER with all right, title and interest of the party of the first part,in and to the land lying
in the street in front of and adjoining said premises.
STATE OF NEW YORK SS:
COUNTY OF SUFFOLK
I. EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT
F THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD)
uO HEREBY CERTIFY THAT I OAVE COMPA ED THE ANNEXED COPY OF
DEED LIBER AT PAGE 7
_5 RECORDED y a-716-5
AND
a-
AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEME14T AND OF THE WHOLE
THEREOF.
IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THESEAL OF SAID
COUNTY AND COURT THIS O-DAY OF (1 J rw•�r . '
a� Ap �
CL AP
12-0168-.A/980
1
ALTA OWNER'S POLICY- 10-17-92
POLICY OF TITLE INSURANCE ISSUED BY
S T EWART TITLE° t
} INSURANCE COMPANY +
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE }
CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company,
+ insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in {
4 Schedule A, sustained or incurred by the insured by reason of: }
+ 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; +
+ 2. Any defect in or lien or encumbrance on the title; +
+ 3. Unmarketability of the title; +
+ 4. Lack of a right of access to and from the land.
+ The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the }
} extent provided in the Conditions and Stipulations. {
} IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized }
} officers as of the Date of Policy shown in Schedule A. }
+� STEWART TITLE° +
+ INSURANCE COMPANY },
} Countersigned by: +
f ,�,,r"��NSURq +
+ Qa''��pPP�Hq't,�F President
=1987 .�� }
Secretary }
} EXCLUSIONS FROM COVERAGE {
+ The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason }
} of }
1 (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or
+ relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in {
t ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these }
} laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or }
alleged violation affecting the land has been recorded in the public records at Date of Policy. L
+ (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting +
{ from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity s
2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has
occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge }
} 3 Defects,liens,encumbrances,adverse claims or other matters }
- (a) created,suffered,assumed or agreed to by the insured claimant, {,
(b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the
+ insured claimant prior to the date the insured claimant became an insured under this policy; +
} (c) resulting in no loss or damage to the insured claimant, {
(d) attaching or created subsequent to Date of Policy;or
} (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. {
} 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state }
insolvency,or similar creditors'rights laws,that is based on'
1 (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or }
} (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure. }
(i) to timely record the instrument of transfer;or
(ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.
Sena No
NY-001(10-17-92)
CONDITIONS AND STIPULATIONS
1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as
The following terms when used in this policy mean- required or permitted by the provisions of this policy,the Company may pursue any litigation
(a) "insured" the insured named in Schedule A,and,subject to any rights or defenses to final determination by a court of competent jurisdiction and expressly reserves the right,in
the Company would have had against the named insured,those who succeed to the interest its sole discretion,to appeal from any adverse judgment or order.
of the named insured by operation of law as distinguished from purchase including,but not (d) In all cases where this policy permits or requires the Company to prosecute or
limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or provide for the defense of any action or proceeding,the insured shall secure to the Company
corporate or fiduciary successors. the right to so prosecute or provide defense in the action or proceeding, and all appeals
(b) "insured claimant":on insured claiming loss or damage. therein, and permit the Company to use, at its option, the name of the insured for this
(c) "knowledge" or"known":actual knowledge, not constructive knowledge or notice purpose. Whenever requested by the Company,the insured,at the Company's expense,shall
which may be imputed to an insured by reason of the public records as defined in this policy give the Company all reasonable aid (i) in any action or proceeding, securing evidence,
or any other records which impart constructive notice of matters affecting the land. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting
(d) "land"•the land described or referred to in Schedule A,and improvements affixed settlement, and (ii) in any other lawful act which in the opinion of the Company may be
thereto which by law constitute real property. The term"land"does not include any property necessary or desirable to establish the title to the estate or interest as insured. If the
beyond the lines of the area described or referred to in Schedule A, nor any right, title, Company is prejudiced by the failure of the insured to furnish the required cooperation,the
interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or Company's obligations to the insured under the policy shall terminate,including any liability
waterways, but nothing herein shall modify or limit the extent to which a right of access to or obligation to defend, prosecute, or continue any litigation,with regard to the matter or
and from the land is insured by this policy matters requiring such cooperation.
(e) "mortgage" mortgage,deed of trust,trust deed,or other security instrument. 5. PROOF OF LOSS OR DAMAGE.
(f) "public records": records established under state statutes at Date of Policy for the In addition to and after the notices required under Section 3 of these Conditions and
purpose of imparting constructive notice of matters relating to real property to purchasers for Stipulations have been provided the Company,a proof of loss or damage signed and sworn to
value and without knowledge With respect to Section I(a)(iv) of the Exclusions From by the insured claimant shall be furnished to the Company within 90 days after the insured
Coverage, "public records" shall also include environmental protection liens filed in the claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or
records of the clerk of the United States district court for the district in which the land is damage shall describe the defect in, or lien or encumbrance on the title, or other matter
located insured against by this policy which constitutes the basis of loss or damage and shall state,to
(g) "unmorketability of the title" an alleged or apparent matter affecting the title to the extent possible, the basis of calculating the amount of the loss or damage. If the
the land, not excluded or excepted from coverage, which would entitle a purchaser of the Company is prejudiced by the failure of the insured claimant to provide the required proof of
estate or interest described in Schedule A to be released from the obligation to purchase by loss or damage,the Company's obligations to the insured under the policy shall terminate,
virtue of a contractual condition requiring the delivery of marketable title. including any liability or obligation to defend, prosecute, or continue any litigation, with
2 CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. regard to the matter or matters requiring such proof of loss or damage.
The coverage of this policy shall continue in force as of Date of Policy in favor of an In addition,the insured claimant may reasonably be required to submit to examination
insured only so long as the insured retains an estate or interest in the land, or holds an under oath by any authorized representative of the Company and shall produce for
indebtedness secured by a purchase money mortgage given by a purchaser from the insured, examination, inspection and copying, at such reasonable times and places as may be
or only so long as the insured shall have liability by reason of covenants of warranty made by designated by any authorized representative of the Company, all records, books, ledgers,
the insured in any transfer or conveyance of the estate or interest. This policy shall not checks, correspondence and memoranda, whether bearing a date before or after Date of
continue in force in favor of any purchaser from the insured of either(i)an estate or interest Policy, which reasonably pertain to the loss or damage. Further, if requested by any
in the land, or (n) an indebtedness secured by a purchase money mortgage given to the authorized representative of the Company,the insured claimant shall grant its permission,in
insured writing,for any authorized representative of the Company to examine,inspect and copy all
3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. records,books,ledgers,checks,correspondence and memoranda in the custody or control of a
The insured shall notify the Company promptly in writing(i)in case of any litigation as third party,which reasonably pertain to the loss or damage. All information designated as
set forth in Section 4(a)below,(ii)in case knowledge shall come to an insured hereunder of confidential by the insured claimant provided to the Company pursuant to this Section shall
any claim of title or interest which is adverse to the title to the estate or interest,as insured, not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary
and which might cause loss or damage for which the Company may be liable by virtue of this in the administration of the claim Failure of the insured claimant to submit for examination
policy, or (m) if title to the estate or interest, as insured, is rejected as unmarketable If under oath, produce other reasonably requested information or grant permission to secure
prompt notice shall not be given to the Company,then as to the insured all liability of the reasonably necessary information from third parties as required in this paragraph shall
Company shall terminate with regard to the matter or matters for which prompt notice is terminate any liability of the Company under this policy as to that claim
required,provided,however,that failure to notify the Company shall in no case prejudice the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY.
rights of any insured under this policy unless the Company shall be prejudiced by the failure In case of a claim under this policy,the Company shall have the following additional
and then only to the extent of the prejudice options:
4 DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSURED CLAIMANT TO (a) To Pay or Tender Payment of the Amount of Insurance.
COOPERATE. To pay or tender payment of the amount of insurance under this policy together with any
(a) Upon written request by the insured and subject to the options contained in Section costs,attorneys'fees and expenses incurred by the insured claimant,which were authorized
6 of these Conditions and Stipulations, the Company, at its own cost and without by the Company,up to the time of payment or tender of payment and which the Company is
unreasonable delay,shall provide for the defense of an insured in litigation in which any third obligated to pay.
party asserts a claim adverse to the title or interest as insured, but only as to those stated Upon the exercise by the Company of this option, all liability and obligations to the
causes of action alleging a defect,lien or encumbrance or other matter insured against by this insured under this policy, other than to make the payment required, shall terminate,
policy The Company shall have the right to select counsel of its own choice(subject to the including any liability or obligation to defend,prosecute,or continue any litigation,and the
right of the insured to object for reasonable cause)to represent the insured as to those stated policy shall be surrendered to the Company for cancellation
causes of action and shall not be liable for and will not pay the fees of any other counsel. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the
The Company will not pay any fees,costs or expenses incurred by the insured in the defense Insured Claimant.
of those causes of action which allege matters not insured against by this policy (i) to pay or otherwise settle with other parties for or in the name of an insured
(b) The Company shall have the right at its own cost,to institute and prosecute any claimant any claim insured against under this policy,together with any costs,attorneys'fees
action or proceeding or to do any other act which in its opinion may be necessary or desirable and expenses incurred by the insured claimant which were authorized by the Company up to
to establish the title to the estate or interest, as insured, or to prevent or reduce loss or the time of payment and which the Company is obligated to pay;or
damage to the insured The Company may take any appropriate action under the terms of (ii) to pay or otherwise settle with the insured claimant the loss or damage
this policy,whether or not it shall be liable hereunder,and shall not thereby concede liability provided for under this policy,together with any costs,attorneys'fees and expenses incurred
or waive any provision of this policy. If the Company shall exertisp it rights under this by the insured claimant which were authorized by the Company up to the time of payment
paragraph,it shall do so diligently. and which the Company is,, kited to pay
(continued and concluded on last page of this policy)
Stewart Title Insurance Company
125 Baylis Load Suite 201
Melville New Fork 11747
Phone: (631) 501-9615 Fax: (631) 501-9623
Title No: 24-S-01 77
Date: January 7, 2005
Melanie
Town of Southold-Land Preservation Coordinator
53095 Route 25
P.O. Box 1179
Southold,New York 11971-0959
RE: Borrower/Current Owner: Town of Southold
Premises: 24515 County Route 48
Cutchogue,New York 1193 5
Reference:
In reference with the above captioned transaction, enclosed please find the following:
Owners Title Policy
NOTE: Any corrections or questions,please do not hesitate to call.
RightFax 1/19,/2005 12 : 40 PAGE 002/003 Fax Server
ALTA OWNER'S POLICY
SCHEDULE A
Title No.: 24-S-0177 Policy No.: 0-8831-328275
Date of Policy: January 12,2005 Amount of Insurance: $603,621.00
1. Name of Insured: County: Suffolk
Town of Southold
Y
2. The estate or interest in the land described herein and which is covered by this policy is:
Easement
3. Title to the estate or interest in the land is vested in:
Town of Southold,who acquired Easement of Development Rights from Steven Dubner, dated
1/12/2005 and to be recorded in the Suffolk County Clerk's/Register's Office.
4. The land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000 Section: 084.00 Block: 01.00 Lot: 008.000,
4612 (7/93) Page 2 S T E W A R T TITLE
INSURANCE COMPANY
r- ,
Stewart Title Insurance Company
Title No: 24-5-0177 Policy No.: 0-8831-328275
Schedule A Description
ALL that certain plot, piece or parcel of land with the buildings and improvements
thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk
and State of New York,bounded and described as follows:
BEGINNING at a point on the northerly side of Middle Road (C.R. 48) as widened,
distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the
west side of Bridge Lane with the north side of Middle Road;
RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30
minutes 00 seconds west 543.36 feet to other lands of Steven Dubner Landscaping;
THENCE along said other lands of Steven Dubner:
North 47 degrees 30 minutes 30 seconds West 190.41;
South 42 degrees 29 minutes 30 seconds West 98.60 feet;
North 47 degrees 30 minutes 30 seconds West 399.27;
South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of
Persistence Properties, LLC;
THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30
minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and
Michael Demchak;
RUNNING THENCE along said lands of Maria and Michael Demchak and other lands North
70 degrees 26 minutes 30 seconds East 660.27 feet to a monument;
THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of
Middle Road, the point or place of BEGINNING.
RightFax 1/" (2005 12 : 40 PAGE 003/003 Fax Server
ALTA OWNER'S POLICY
SCHEDULE B
Title No.: 24-S-0177 Policy No 0-8831-328275
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage(and the Company will not pay costs, attorney's fees
or expenses)which arise by reason of:
1. Rights of tenant(s)or person(s)in possession, if any.
2. Survey by Peconic Surveyors, last dated 12/03/2004 shows premises and more, survey reading as to subject
premises ("LOT 1")shows premises as vacant land, dirt farm roads located,concrete pads for irrigation
located, concrete pad for well pump and well located,60 feet wide LIPA high tension line traverses premises
,two steel towers for high tension wires lie within subject premises; fencing at north line varies up to 0.2
feet south of north line. Dirt farm road along easterly line appears to provide access to premises North and
East and company excepts rights of others over said access dirt roads. Surveyor notes slight variations
between record description and actual field measurements along east, south and west lines.
3. Street taking recorded in Liber 5752 at Page 70.
4. Street taking recorded in Liber 5830 at Page 236.
5. Easement set forth in Liber 10800 at Page 298 and Liber 14912 at Page 503.
6. Policy excepts rights of others than the insured in,to, and over the unpaved dirt roads as shown on the
survey herein as described in Schedule A,but policy will insure that use for Development Rights will not be
disturbed by reason thereof.
7. Policy excepts rights of LIPA to maintain 60 feet easement,transmission wires and steel towers as set forth
in survey reading herein and recited in Exception 4c above.
4613 (2/93 Page 3 S T E SIV A R T TITLE
INSURANCE COMPANY
STVWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: 24-S-0177
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831-328275
1.The following is added to the insuring provisions on the face page of this policy:
"5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which
may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2.The following is added to Paragraph 7 of the Conditions and Stipulations of this policy:
"(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also
cover intervening liens or encumbrances,except real estate taxes,assessments,water charges,and sewer rents."
Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly
stated.
This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions
from Coverage,Schedules,Conditions and Stipulations therein,except as modified by the provisions hereof.
Signed on January 12,2005
STEWART TITLE
Stewart Title Insurance mpany INSURANCE COMPANY
SignedSU
* ��' R4 -
n
- a 1007
tout
AAlV
Authorized Office or Agent
Stewart Title Insurance Company
125 Baylis Road Suite 201 President
Melville, New York 11747
Agent No.:327005
Secretary
STANDARD NEW YORK ENDORSEMENT(9/1/93)
FOR USE WITH ALTA OWNER'S POLICY (10/17/92)
CONDITIONS AND STIPULATIONS Continued
;continued and concluded from reverse side of Policy Fac
Upon the exercise by the Company of either of the pravided for ni paragraphs (b) When liability _ ie extent of loss or damage has been definitely fixed in
(b)(i)or(ii),the Company's obligations to the insured under this policy for the claimed loss or accordance with these Conditions and Stipulations, the loss or damage shall be payable
damage, other than the payments required to be made, shall terminate, including any within 30 days thereafter
liability or obligation to defend,prosecute or continue any litigation 13 SUBROGATION UPON PAYMENT OR SETTLEMENT.
7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. (a) The Companys Right of Subrogation.
This policy is a contract of indemnity against actual monetary loss or damage sustained Whenever the Company shall have settled and paid a claim under this policy,all right of
or incurred by the insured claimant who has suffered loss or damage by reason of matters subrogation shall vest in the Company unaffected by any act of the insured claimant
insured against by this policy and only to the extent herein described The Company shall be subrogated to and be entitled to all rights and remedies which the
(a) The liability of the Company under this policy shall not exceed the least of insured claimant would have had against any person or property in respect to the claim had
(i) the Amount of Insurance stated in Schedule A;or, this policy not been issued If requested by the Company,the insured claimant shall transfer
(n) the difference between the value of the insured estate or interest as insured to the Company all rights and remedies against any person or property necessary in order to
and the value of the insured estate or interest subject to the defect, lien or encumbrance perfect this right of subrogation. The insured claimant shall permit the Company to sue,
insured against by this policy. compromise or settle in the name of the insured claimant and to use the name of the insured
(b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is claimant in any transaction or litigation involving these rights or remedies.
less than 80 percent of the value of the insured estate or interest or the full consideration paid If a payment on account of a claim does not fully cover the loss of the insured claimant,
for the estate or interest, whichever is less, or if subsequent to the Date of Policy an the Company shall be subrogated to these rights and remedies in the proportion which the
improvement is erected on the land which increases the value of the insured estate or interest Company's payment bears to the whale amount of the loss
by at least 20 percent over the Amount of Insurance stated in Schedule A,then this Policy is If loss should result from any act of the insured claimant,as stated above,that act shall
subject to the following not void this policy,but the Company,in that event,shall be required to pay only that part of
(i) where no subsequent improvement has been made,as to any partial lass,the any losses insured against by this policy which shall exceed the amount, if any, lost to the
Company shall only pay the loss pro rata in the proportion that the amount of insurance at Company by reason of the impairment by the insured claimant of the Company's right of
Date of Policy bears to the total value of the insured estate or interest at Date of Policy;or subrogation.
(n) where a subsequent improvement has been made,as to any partial loss,the (b) The Componlls Rights Against Non-insured Obligors.
Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of The Company's right of subrogation against non-insured obligors shall exist and shall
Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in include,without limitation,the rights of the insured to indemnities,guaranties,other policies
Schedule A and the amount expended for the improvement. of insurance or bonds, notwithstanding any terms or conditions contained in those
The provisions of this paragraph shall not apply to costs,attorneys'fees and expenses for instruments which provide for subrogation rights by reason of this policy.
which the Company is liable under this policy,and shall only apply to that portion of any loss 14. ARBITRATION
which exceeds,in the aggregate,10 percent of the Amount of Insurance stated in Schedule A Unless prohibited by applicable law, either the Company or the insured may demand
(c) The Company will pay only those costs, attorney's fees and expenses incurred in arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
accordance with Section 4 of these Conditions and Stipulations Association. Arbitrable matters may include,but are not limited to,any controversy or claim
8 APPORTIONMENT. between the Company and the insured arising out of or relating to this policy,any service of
If the land described in Schedule A consists of two or more parcels which are not used as the Company in connection with its issuance or the breach of a policy provision or other
a single site,and a loss is established affecting one or more of the parcels but not all,the loss obligation All arbitrable matters,when the Amount of Insurance is$1,000,000 or less shall
shall be computed and settled on a pro rata basis as if the amount of insurance under this be arbitrated at the option of either the Company or the insured All arbitrable matters when
policy was divided pro rata as to the value on Date of Policy of each separate parcel to the the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to
whole,exclusive of any improvements made subsequent to Date of Policy,unless a liability or by both the Company and the insured. Arbitration pursuant to this policy and under the Rules
value has otherwise been agreed upon as to each parcel by the Company and the insured at in effect on the date the demand for arbitration is made or,at the option of the insured,the
the time of the issuance of this policy and shown by an express statement or by an Rules in effect at Date of Policy shall be binding upon the parties The award may include
endorsement attached to this policy attorneys'fees only if the laws of the state in which the land is located permit a court to
9. LIMITATION OF LIABILITY. award attorneys' fees to a prevailing party Judgment upon the award rendered by the
(a) If the Company establishes the title, or removes the alleged defect, lien or Arbitrator(s)may be entered in any court having jurisdiction thereof
encumbrance,or cures the lack of a right of access to or from the land,or cures the claim of The law of the situs of the land shall apply to an arbitration under the Title Insurance
unmarketability of title, all as insured, to a reasonably diligent manner by any method, Arbitration Rules.
including litigation and the completion of any appeals therefrom,it shall have fully performed A copy of the Rules may be obtained from the Company upon request
its obligations with respect to that matter and shall not be liable for any loss or damage 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT.
caused thereby. (a) This policy together with all endorsements,if any,attached hereto by the Company
(b) In the event of any litigation, including litigation by the Company or with the is the entire policy and contract between the insured and the Company In interpreting any
Company's consent,the Company shall have no liability for loss or damage until there has provision of this policy,this policy shall be construed as a whole.
been a final determination by a court of competent jurisdiction,and disposition of all appeals (b) Any claim of loss or damage,whether or not based on negligence,and which arises
therefrom,adverse to the title as insured out of the status of the title to the estate or interest covered hereby or by any action asserting
(c) The Company shall not be liable for loss or damage to any insured for liability such claim,shall be restricted to this policy
voluntarily assumed by the insured in settling any claim or suit without the prior written (c) No amendment of or endorsement to this policy can be made except by a writing
consent of the Company. endorsed hereon or attached hereto signed by either the President a Vice President, the
10 REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY. Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company.
All payments under this policy, except payments made for costs, attorneys' fees and 16. SEVERABILITY.
expenses,shall reduce the amount of the insurance pro tanto In the event any provision of the policy is held invalid or unenforceable under applicable
11 LIABILITY NONCUMULATIVE. law,the policy shall be deemed not to include that provision and all other provisions shall
It is expressly understood that the amount of insurance under this policy shall be reduced remain in full force and effect
by any amount the Company may pay under any policy insuring a mortgage to which 17. NOTICES,WHERE SENT.
exception is taken in Schedule B or to which the insured has agreed, assumed, or taken All notices required to be given the Company and any statement in writing required to be
subject, or which is hereafter executed by an insured and which is a charge or lien on the furnished the Company shall include the number of this policy and shall be addressed to the
estate or interest described or referred to in Schedule A, and the amount so paid shall be Company at 300 East 42nd Street,New York,New York 10017
deemed a payment under this policy to the insured owner
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for endorsement of the
payment unless the policy has been lost or destroyed, in which case proof of loss or STEWART TITLE°
destruction shall be furnished to the satisfaction of the Company INSURANCE COMPANY
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CLOSING STATEMENT
STEVEN DUBNER
to TOWN OF SOUTHOLD
Development Rights Easement—20.9216 acres
(includes .8009 acre LIPA easement)
20.1207 buildable acres @ $30,000/acre
Premises: 24515 County Route 48, Cutchogue, NY
SCTM #1000-84-1-8
Closing held on Wednesday, January 12, 2005
at 12 noon, Conference Room, Southold Town Hall
Purchase Price of $603,621.00 disbursed as follows:
Payable to Steven Dubner $ 603,621.00
Check #079716 (1/12/05)
Expenses of Closing:
Appraisal $ 2,000.00
Payable to Given Associates
Check #072851 (8/12/03)
Survey $ 4,200.00
Payable to Peconic Surveyors, P.C.
Check #075722 (3/23/04) °
Environmental Report $ 1,100.00
Payable to Nelson, Pope &Voorhis, LLC
Check #076111 (4/20/04)
Title Report $ 3,231.00
Payable to Stewart Title Insurance Company
Check #079718 (1/12/05)
Fee insurance $ 2,931.00
Recording deed $ 300.00*
*includes certified copy
Title Closer Attendance Fee $ 75.00
Payable to Karen Hagen, Esq.
Check#079717 (1112/05)
Those present at Closing:
Joshua Y. Horton Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Steven Dubner Seller
Abigail A. Wickham, Esq. Attorney for Seller
Karen Hagen Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Administrative Asst
Marian Sumner Peconic Land Trust
Tim Caufield Vice President, Peconic Land Trust
Mark Terry Senior Environmental Planner
Anthony Trezza Senior Planner
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11'0797 1611' -1:0 2 14054641: 63 91zo 0 0 tl 011'
VENDOR 004834 STEVEN DUBNER 01/12/2005 CHECK 79716
-PTMT) s, ArrnTTYT p_n_# TNVOTCE DESCRIPTION AMOUNT
H3 . 8660 .2 . 600 . 100 011205 DEV RIGHTS-20 . 120 603 , 621 . 00
TOTAL 603, 621 . 00
}„�y' �P`...-�^r..y R'Y!a„i=�•'"tr..^,^sE4 t.(- e..�
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TOWN OF SOUTHOLD • SOUTHOLD,NY 11971-0959
GIVEN
A S S O C I A T E S
PATRICK A. GIVEN, SRPA (631)360-3474
box 5305 -550 route 111'- hauppauge, n.y. 11788-0306 FAX 360-3622
July 29, 2003
Melissa Spiro, Land Preservation Coordinator
Town of Southold
Land Preservation Committee
53095 Main Road -
Southold, N.Y. 11971
Property of Steven Dubner, S.C.T.M. #1000-84-1-8
Located Northerly Side of Middle Road, Cutchogue, NY
File#2003272 $2,000.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . .
Vendor. . 007416 GIVEN, SRPA/PATRICK : W-08122003-452 Line: 106 Formula: 0
. Account. . H3 . 600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx.Date Fund Account : Trx Date. . . . . 8/12/2003 SDT 8/12/03
------------------------- Use Acti : Trx Amount. . . 2, 000 .00
Y 8/12/2003 8/12/2003 H3 .600 : Description. . DUBNER APPRAISAL-84-1-8
Y 8/12/2003 8/12/2003 H3 . 600 : Vendor Code. . 007416
8/12/2003 8/12/2003_ H3 .600 : Vendor Name. . GIVEN, SRPA/PATRICK A.
8/26/2003 8/26/2003 A . 600 : Alt Vnd. . ;
9/09/2003 9/09/2003 H3 . 600 : CHECK. . . . . . . . 72851 SCNB :
9/23/2003 9/23/2003 H3 .600 : Invoice Code. 2003272
11/18/2003 11/18/2003 H3 .600 : VOUCHER. . . . . .
Y 12/02/2003 12/02/2003 H3 . 600 : P.O. Code. . . . 10653
Y 12/02/2003 12/02/2003 H3 .600 : Project Code.
Final Payment P Liquid.
1099 Flag. . . . 7
Fixed Asset. . Y
Date Released 8/12/2003
Date Cleared. 8/31/2003 .
F3=Exit F12=Cancel F21=Image
-------------------------------- E .
Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PECONIC SURVEYORS, P.C.
P.O.Box 909
1230 Traveler Street
Southold,N.Y.11971
(631)765-5020•Fax(631)76S-1797
MARCH 4, 2004
PECONIC LAND TRUST
P.O. BOX 1776
SOUTHAMPTON, N.Y. 11969
JOB #: 04-105
FOR PROFES51ONAL SERVICES RENDERED:
OUTLINE SURVEY OF PROPERTY AT CUTCHOGUE,
NEW YORK.
SUFFOLK COUNTY TAX MAP N0.
1000-84-01-08
FEE: $ 4200 .00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . . . . . . . . . . .Detail--GL100N• • • • • . • • . • . • • •
Vendor. . 016144 PECONIC SURVEYORS, : W-03232004-910 Line : 315 Formula: 0
: Account— H3 • 600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx-Date Fund Account : Trx Date. . . . . 3/23/2004 SDT 3/23/04
------------------------- Use Acti : Trx Amount• • • 4,200.00 •
7/31/2001 7/31/2001 H3 •600 : Description . .. SURVEY-DUBNER PROPERTY
8/28/2001 8/28/2001 A •600 : Vendor Code. . 016144
6/03/2003 6/03/2003 H3 •600 : Vendor Name. . PECONIC SURVEYORS, P•C•
„ 12/02/2003 12/02/2003 H3 •600 : Alt Vnd• -
,Y, 3/23/2004 3/23/2004 H3 •600 : CHECK. . . . . . . . 7572'2 _ SCNB
: Invoice Code. 04-105
: VOUCHER. . . . . .
: P.O . Code. . . . 12075
: Project Code .,
: Final Payment F Li-quid.-
: 1099 Flag . . . . N :
: Fixed Asset —, Y
: Date Released 3/23/2004
: Date Cleared. 3/31/2004
: F3=Exit F12=Cancel F21=Image
----------------------------'---- E . .
Select Records) or Use Action Code : • • • • • • • • • • • • • • • • • • •
Nelson, Pope & Voorhis, LLC Property: 04038 Project: VA01431
572 V�falt''Rhitman Road Phone:631-427-5665 Dubner Property,24515 Middle Road(C
Melville NY 11747 Fax:631-427-5620
Manager: McGinn,Steven
Invoice
#:
To: Town of Southold Dept of Land Presery Invoice 2378
Invoice Date: April 07,2004
Town Hall
53095 State Rt 25,PO Box 1179
Southold NY 11971
Attention:Melissa A Spiro
MAKE CHECKS PAYABLE TO NELSON POPE&VOORHIS Invoice Amount $1,100.00
Contract Item#1: Prepare Phase I Environmental Site Assessment
Work Performed: 2/6 thru 3/10/04
Contract Amount: $1,100.00
Percent Complete: 100.00%
Fee Earned: $1,100.00
Prior Fee Billings: $0.00
Current Fee Total: $1,100.00
*** Total Project Invoice Amount $1,100.00
GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name
** Actual . . . . . . . . . . . . . .Detail--GL100N• • • • • • • • • • • . • •
Vendor . . 014161 NELSON, POPE & VOOR : W-04202004-235 Line : 288 Formula : 0
: Account. . H3 •600
: Acct Desc ACCOUNTS PAYABLE
Y JE Date Trx - Date Fund Account : Trx Date. . . . . 4/20/2004 SDT 4/21/04 :
------------------------- Use Acti : Trx Amount• • • 11100 .00
1/20/2004 1/20/2004 H3 •600 : Description. . PHASE I ESA-DUBNER PROP .
1/20/2004 1/20/2004 A •600 : Vendor Code. . 014161 .
1/20/2004 1/20/2004 A -600 : Vendor Name . . NELSON, POPE & VOORHIS,
1/20/2004 1/20/2004 A •600 : Alt Vnd• •
1/20/2004 1/20/2004 A -600 : CHECK. . . • • • • • 76111 SCNB
1/20/2004 1/20/2004 A -600 : Invoice Code. 2377 .
2/24/2004 2/24/2004 B •600 : VOUCHER . . . . . .
3/09/2004 3/09/2004 H3 •600 : P.O. Code. . . . 11748
3/09/2004 3/09/2004 H3 •600 : Project Code.
,Y, 4/20/2004 4/20/2004 H3 •600 : Final Payment P Liquid .
4/20/2004 4/20/2004 H3 •600 : 1099 Flag. . . . 7
4/20/2004 4/20/2004 H3 •600 : Fixed Asset. . Y
4/20/2004 4/20/2004 H3 •600 : Date Released 4/20/2004
: Date Cleared.
: F3=Exit F12=Cancel F21=Image
-------------------------------- E :
Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . .
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VENDOR 019624 STEWART TITLE INSURANCE CO. 01/12/2005 CHECK 79718
'LTmn r, ACCnTTmT P-0-:# INVOICE DESCRIPTION AMOUNT
H3 . 8660 . 2 . 600 . 100 24-S-0177 FEE POLICY-DUBNER/T 2, 931 . 00
H3 . 8660 . 2 . 600 . 100 24-S-0177 REC EASEMENT-DUBNER/T 300 . 00
TOTAL 3 , 231 . 00
OUR
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H10797 17un 1:0 2 L4054641: 63 000004 Olin
VENDOR 007707 KAREN HAGEN 01/12/2005 CHECK 79717
FLTNTT) F, LrrC)TMT P.0.# TNVOICE DESCRIPTION AMOUNT
H3 . 8660 .2 . 600 . 100 011205 TITLE CLOSER-DUBNER/TO 75 . 00
TOTAL 75 . 00
f G•iti,� -� sr' rri fr� �QJa�'i
NMI
TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959
OFFICE LOCATION:
MELISSA A.SPIRO Q�� CD Town Hall Annex
LAND PRESERVATION COORDINATOR
� yam► 54375 State Route 25
melissa.spino@town.southold.ny.us ® (corner of Main Road&Youngs Avenue)
co Southold,New York
Telephone(631)765-5711
-
Telephone
Facsimile(631)765-6640 y�o� �Q�� MAILING ADDRESS:
�' P.O.Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Horton
Town Board
Town Clerk
Land Preservation Committee
Town Attorney
Planning Board
Tax Assessors
Building Department
Data Processing
Town Comptroller
Stewardship Manager
From: Melissa Spiro, Land Preservation Coordinator
Date: January 13, 2005
Re: STEVEN DUBNER to TOWN OF SOUTHOLD
SCTM #1000-84-1-8 (Lot#1)
Please be advised that the Town has acquired the development rights on the agricultural
farmland listed below. If you would like any additional information regarding the purchase, please
feel free to contact me.
LOCATION: 24515 County Road 48, Cutchogue
PROPERTY OWNER: Steven Dubner
PURCHASE DATE: Closing took place 1/12/05
PURCHASE PRICE: $603,621.00 (based on 20.1207 buildable acres @
$30,000/acre)
EASEMENT AREA: 20.9216 acres (includes 0.8009 acre LIPA easement area)
FUNDING: Community Preservation Funds (eligible for a partial funding
reimbursement from a grant from NYS Dept.of Agriculture&
Markets)
MISCELLANEOUS: This property is part of a conservation subdivision approved by
the Planning Board dividing the 22.9216 acre parcel into Lot 1
(20.9216 acres development rights easement to Town)and Lot 2
(2.0 acres). This property is listed in the Town's Community
Preservation Project Plan.
CD6-b7TY RF'SFII�K
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(DEVPLOPMPN�R mnv ��
COUNTY OF SUFFOLK
(DEVELOPMENT RIGHTS)
1765.80' OBD) 3
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