HomeMy WebLinkAboutSteele OFFICE LOCATION:
MELISSA A. SPIRO ��OF SO�jyo Town Hall Annex
LAND PRESERVATION COORDINATOR �o l0 54375 State Route 25
melissa.spiroC)town.southold.ny.us (corner of Main Road& Youngs Avenue)
Telephone(631)765-5711 Southold,New York
Facsimile(631)765-6640 ' a� MAILING ADDRESS
COU M`I,� ' P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
RECEIVED
To: Elizabeth A. Neville
Town Clerk SEP - 6 2011
From: Melanie Doroski Southold Town Clerk
Sr. Administrative Assistant
Date: _ September 5, 2017
Re: STEELE to TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-108.-2-7.2
Betty:
Enclosed for safekeeping in your office, please find the following documents:.
• Original Grant of Development Rights dated June 27, 2017, between David L.
Steele and Sherry Steele and the Town of Southold, recorded in the Suffolk County
Clerk's office on 7/26/2017, in Liber D00012922, at Page 053
• Original Declaration of Covenants and Restrictions dated June 27, 2017 from
David L. Steele and Sherry Steele, recorded in the Suffolk County Clerk's office on
7/26/2017, in Liber D00012922, Page 054
• Title insurance policy #NY-FRVH-SAM-2730632-1-17-104242 issued by Fidelity
National Title Insurance Company on 6/27/2017 in the insured amount of
$1,048,832.00 (title no. F17-7404-104242-SUFF)
• Closing Statement
• Closing Information Memo dated 627/2017
Thank you.
Melanie
encs.
cc: Assessors w/ copy of recorded easement & final survey
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 07/26/2017
Number of Pages: 8 At: 10 :57 : 19 AM
Receipt Number : 17-0125590
LIBER: D00012922
PAGE : 054
District: Section: Block: Lot:
1000 108 .00 02 . 00 007 . 002 ,
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 $200 .00 NO
Fees Paid $290 . 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
a
AUG 2 5 2017
DEPT.OF LAND
P ESERVATIO
7172 RECORDED
2L-1 �u1 �r 10.5,i9 At'1
`
JUDITH A. FP ;ALE
Number oi`pages CLERK OF
UFFOLK-i_O11HW
L D000129142
P .054
This document will be public
record. Please remove all
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1. Basic Tax
Handling 20. 00,
2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit. F
or
EA-52,17 (County) Sub Total ®® Spec./Add.
EA-5217 (State) TOT.MTG.TAX
R.P.T.S.A. Dual Town Dual County
�® Held for Appointment ,
Comm:of Ed. 5• '• ' Transfer Tax
Affidavit *�� ,x4��. Mansion Tax
_- ertified Cop /G
The property covered by this mortgage is
or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total 2� �
Other YES or NO
Grand Total Z ® If NO, see appropriate tax clause on
page# of this instrument.
4 Dist.% 3426291 1000 10800 0200 007002 T601 5 Community Preservation Fund
Real Prope I P T S I
Consideration Amount $
Tax Servic! R CWH A �I��I��IIIII�III�II�I��IIII III
�
30-JUN-17 I ill9ll�la I�I9III9II�II /
Agency, CPF Tax Due $
Verificatic___
J .
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
y� RECORD & RETURN TO: Vacant Land
1 lr—U}N/E 666-OSK/, c7e- AM/N. 4SIC15' }it/T
arnr OF SJa7V-JkA TD
P6. 8vx >179 TD
TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company hi
310 Center Drive, Riverhead, NY 11901 FlagArru
/ - Arft Ti r
www.suffolkcountyny.gov/clerk ,
co.Name
- Title# F/7-
S Suffolk. County Rec®rdina & Endorsement Pa
ge
This page forms part of the attached &_ZL'_Y4E 9-7_70A) o F Cor&_^0AA17:5 ca va ,eo53r7-e_1C7X6AZI made by:
(SPECIFY TYPE OF INSTRUMENT)
The premises herein is situated in
S'A 49-e�y SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S6 U77�10 4 LO
Tow1y In the VILLAGE
or HAMLET of MA7-777uc/C
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-0109..10/08kk
(over)
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE; please, be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you will now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property
statements.
Local property taxes are payable twice a year: on or before January 101 and on or before May 31st.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 95773004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631) 451-9009 (631) 749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 11787
(631) 3242770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
Islip Town Receiver of Taxes Southold Town Receiver. of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y. 11751 Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely, .
Judith A. Pascale
Suffolk County Clerk
12-0104..06/06kd
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of the,�7day of June, 2017,by DAVID L. STEELE
and SHERRY STEELE, with'an address of 107 Elijah's Lane, Mattituck,New York 11952,
hereinafter collectively referred to as the"DECLARANT".
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at 12500
County Route 48, Mattituck, in the Town of Southold, County of Suffolk and State of New York
designated as SCTM#1000-108-2-7.1, and shown on a survey prepared by Nathan Taft Corwin
III, Land Surveyor, dated November 23, 2011 and last revised April 20, 2017 (the "Survey"), a
reduced copy of which is attached hereto and made a part hereof, and described in the metes and
bounds description attached as Schedule"A-1" (Overall Description) and made a part hereof(the
"Property"); and
WHEREAS,the Survey shows a"Proposed Development Rights Easement" area of
16.388 acres and an"Excluded Area" of 3.000 acres,both described in the metes and bounds
descriptions attached as Schedule A-1 (Development Rights Easement and Excluded Area
descriptions); and
WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement dated June f,7 , 2017 for part of SCTM#1000-108-2-7.1; 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 Declarant/owners and
prospective owners of the Property that the within covenants and restrictions be imposed on the
Property, and, as a condition of the acceptance of the Grant of Development Rights Easement,
the Town Board has required that the within Declaration be recorded in the Suffolk County
Clerk's Office; and
WHEREAS,the DECLARANT has considered the foregoing and has determined that
this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and
subsequent owners of the Property; and
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed does
hereby make known, admit,publish, covenant and agree that the Property shall hereinafter be
subject to the covenants and restrictions as set forth herein, which shall run with the land and
shall be binding upon all purchasers and holders of the Property,their heirs, executors, legal
representatives, distributees, successors and assigns, to wit:
DECLARANT shall not make an application for subdivision or separation of, or
for any other relief from the Town of Southold that would allow the subdivision
L
r
of the Excluded Area from the area of the Property which is subject to the Grant
of Development Rights Easement.
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 Declaration, 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 these covenants
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,his
successors and assigns, and upon all persons or entities claiming under him, and may not be
annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of
the Property unless and until 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
foregoing Declaration the day and year first above written.
OtJ 1
David L. St6ele
YJ
HU A 4L�
She S eele %
► 1
f , i
STATE OF NEW YORK)
) ss..
COUNTY OF SUFFOLK)
On the a 7 day of June, 2017, before me, the undersigned,personally appeared DAVID
L. STEELE,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, and that such
individual made such appearance before the undersigned.
pa=6� 4
Notary_Public AA14(6a L 011
PATRICIA L. FALLON
STATE OF NEW YORK) Notary public,, State Of NewYork
NO. 01 FA4960146
ss.: NO.
in Suffolk County
COUNTY OF SUFFOLK) Commission Expires April 24,
On the_day of June, 2017, before me, the undersigned, personally appeared
SHERRY STEELE, personally known to me or proved to me on the basis of satisfactory
evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that she executed the same in her capacity, and that by her signature on the
instrument, the individual, or the person upon behalf of which the individual acted, executed the
instrument, and that such individual made such appearance before the undersigned.
Notary Public -P44-A6", L',
NotaPATRICIA
Publ c,state O NewYork
No. 01 FA4950146
Qualified in Suffolk County
Commission Expires April 24, A0/I
i
t
Fidelity National 'Title Insurance Company
TITLE NO.F17-7404-104242-SUFF
SCHEDULE A-1 (Description)
AMENDED 05/30/17
DEVELOPMENT RIGHTS EASEMENT(TO BE INSURED)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point of intersection of the Easterly side of Elijah's Lane with the Northerly side of Long Island
Railroad;and
RUNNING THENCE along said Easterly side of Elijah's Lane the following two(2)courses and distances:
1)North 38 degrees 57 minutes 10 seconds West,888.90 feet;
2) Northeasterly on a curve to the right, having a radius of 72.00 feet, a distance along said curve of 103.00 feet to the
Southerly side of Middle Road (C.R. 48);
THENCE along said side of Middle Road the following 2 courses and distances:
1) Easterly on a curve to the right along said Middle Road,having a radius of 2832.79 feet, a distance along said curve of
173.48 feet;
2)North 49 degrees 29 minutes 15 seconds East,208.63 feet to a point;
RUNNING THENCE South 40 degrees 30 minutes 45 seconds East,233.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 304.23 feet to a point;
THENCE South 40 degrees 30 minutes 45 seconds East, 146.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 157.77 feet to land now or formerly of Tuthill;
THENCE South 40 degrees 30 minutes 45 seconds East along said land 131.52 feet to land now or formerly of County of
Suffolk;
THENCE along the land now or•formerly of County of Suffolk the following 2 courses and distances:
1)South 49 degrees 29 minutes 15 seconds West, 37.50 feet to a point;
2)South 40 degrees 30 minutes 45 seconds East,403.00 feet to land now or formerly of Long Island Railroad;
THENCE along Long Island Railroad the following three courses and distances:
THE POLICY TO BE ISSUED tinder this coinmrtment will insure the title to such buildings and improvements on the prenitses which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the party of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDUMA-1 (Description)
Rev.(03/04)
Fidelity National 'Title Insurance Company
TITLE NO.F17-7404-104242-SUFF
SCHEDULE A-I (Description)
(Continued)
1) South 45 degrees 44 minutes 00 seconds West, 320.13 feet;
2)North 40 degrees 25 minutes 00 seconds West, 12.40 feet;
3) South 45 degrees 44 minutes 00 seconds West, 579.72 feet to the point or place of BEGINNING.
EXCLUDED AREA(NOT TO BF,INSURED)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) said point being the following 4 courses and
distances from the corner formed by the intersection of the easterly side of Elijah's Lane with the northerly side of the
Long Island Railroad:
1)North 38 degrees 57 minutes 10 seconds West along the easterly side of Elijah's Lane, 888.90 feet;
2)Northeasterly on a curve to the right, having a radius of 72.00 feet, a distance along said curve of 103.00 feet to the
Southerly side of Middle Road(C.R. 48);
3) Easterly on a curve to the right along said Middle Road, having a radius of 2832.79 feet, a distance along said curve of
173.48 feet;
4)North 49 degrees 29 minutes 15 seconds East,208.63 feet to the point or place of beginning;
RUNNING THENCE from said point of beginning South 40 degrees 30 minutes 45 seconds East,233.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East,304.23 feet to a point;
THENCE South 40 degrees 30 minutes 45 seconds East, 146.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 157.77 feet to land now or formerly of Tuthill;
THENCE North 40 degrees 30 minutes 45 seconds West, 379.00 feet to the southeasterly side of Middle Road(C.R.48);
THENCE South 49 degrees 29 minutes 15 seconds West,462.00 feet to the point or place of BEGINNING.
OVERALL DESCRIPTION(NOT TO BE INSURED)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York,bounded and described as follows:
BEGINNING at a point of intersection of the Easterly side of Elijah's Lane with the Northerly side of Long Island
Railroad; and
THE POLICY TO BE ISSUED under this catninitment will insane the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY: Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDMEA-1 (Description)
Rev.(03/04)
Fidelity National 'Title Insurance Company
TITLE NO.F17-7404-104242-SUFF
SCHEDULE A-1(Description)
(Continued)
RUNNING THENCE along said Easterly side of Elijah's Lane the following two(2)courses and distances:
1)North 38 degrees 57 minutes 10 seconds West, 888.90 feet;
2)Northeasterly on a curve to the right, having a radius of 72.00 feet, a distance along said curve of 103.00 feet to the
Southerly side of Middle Road (C.R. 48);
THENCE along said side of Middle Road the following two(2)courses and distances:
1)Easterly on a curve to the right, having a radius of 2832.79 feet, a distance along said curve of 173.48 feet;
2)North 49 degrees 29 minutes 15 seconds East, 670.63 feet to land now or formerly of Rodriguez and Gonzalez;
THENCE along said land and land now or formerly of Tuthill South 40 degrees 30 minutes 45 seconds East, 510.52 feet
to land now or formerly of County of Suffolk•,
THENCE along said land the following 2 courses and distances:
2)South 49 degrees 29 minutes 15 seconds West,37.50 feet;
3) South 40 degrees 30 minutes 45 seconds East,403.00 feet to Long Island Railroad;
THENCE along Long Island Railroad the following three courses and distances:
1)South 45 degrees 44 minutes 00 seconds West,320.13 feet;
2)North 40 degrees 25 minutes 00 seconds West, 12.40 feet;
3)South 45 degrees 44 minutes 00 seconds West, 579.72 feet to the point or place of BEGINNING.
THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which
by law constitute real property.
FOR CONVEYANCING ONLY; Together with all the right, title and interest of the part of the first part, of in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULER-1(Description)
Rev.(03/04)
Y
SURVEY OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.0 TAX Na. 1000-108-02-7.1
SCALE I"=50'
NOVE14BER 23, Poll
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)[[A•D4�)e0 w�11
ccnrrne.r..
D4YiD L ti[fLILeW
fI0CL1[Il�lp�,[L 1114
MIDDLE ROAD (C.R 48)
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{OND 1)WIO N°�0(..j
_:> � Nathan Taft Corwin III
Land Surveyor
o
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I IIIIIII IIII VIII VIII VIII VIII VIII(IIII VIII IIII IIII
I IIIIII VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 07/26/2017
Number of Pages : 23 At: 10 :57 : 19 AM
Receipt Number : 17-0125590
TRANSFER TAX NUMBER: 16-38373 LIBER: D00012922
PAGE : 053
District: Section: Block: Lot:
1000 108 .00 02 .00 007 .002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,048,832 . 00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $115 . 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 $28 .75 NO RPT $200 . 00 NO
Transfer tax $0 .00 NO Comm.Pres $0 . 00 NO
Fees Paid $388 . 75
TRANSFER TAX NUMBER: 16-38373
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
M
.01�� Jul 26 10.5 -119 Ari
RECORDED
Number of purges JUDITH A. PASCALE
CLERK OF
This document will be public L DOOOi 922
record. Please remove all P 053
Social Security Numbers DT# 16-33373
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recofding/Filing Stamps
JI
-- FEES
Page/Filing Fee /l ® ® Mortgage Amt.
1. Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 ® Sub Total
Notation Spec./Assit.
EA-52 17 (County) Sub Total ® -99 Spec./Add.
EA-5217 (State) �J TOT.MTG.TAX
R.P.T.S.A. �/ll1( Dual Town ;Dual County
�® Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax ��n®�
Affidavit ,K4� Mansion Tax
ertifie_d Copy__. � �
The property covered by this mortgage is
- - - or will be impTovedi by a one or two
NYS Surcharge 15. 00 ✓ family dwelling only.
Sub Total �� LF, -7 YES or, NO
Other
Grand Total -3179, If NO, see appropriate tax clause on
L� page# of this instrument.
4 Dist.JO i 17021865 1.000 10800 0200 007002 5 Community Preservation Fund
Real Property P T S I I I I L
Tax Service R CWH A II99I�IILIIIISII��IIIIIIIIII�IIIIIII�IIII�IIIII�I Consideration-Amount $ Q
Agency 30-JUN-17 I I CPF Tax Due
Verification
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD & RETURN TO- Vacant Land
7'tu6✓ -.y k47w4,n Sr—n le--clay TD 9 000
D u giu v C.�uAA7-*W+e6
P 0- Box 9j98 TD
�Q/tr�ZNd, fit/ G19p✓ TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Comany Information
310 Center Drive, Riverhead, NY 11901 Co.Name FDeury A&-r r,*�t 7-jrz,_-
www.suffolkcountyny.gov/clerk Title# F/7-7 0,-/e,�V//., u�=
$ 1 Suffolk County Recording & Endorsement Page
This page forms part of the attached 6 e_A >r of ��y prn�-� ����� �qs ,uT made by:
(SPECIFY TYPE OF INSTRUMENT)
OqAr
b The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of xY6 u 77/0
In the VILLAGE
or HAMLET of /�I,gTn7ucK
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-0104.1010okk
(over)
IMPORTAT4T NOTICE L
L'
i
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *you wiIl now need to
contact your local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Local property taxes are payable twice a year: on or before January 10th and on or before-May 31st.
Failure to make payments in a timely fashion could result in a penalty.
Please contact your local Town Tax Receiver with any questions regarding property tax
payment.
Babylon Town Receiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst, N.Y. 11757 Riverhead, N.Y. 11901
(631) 95773004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
,One Independence Hill Shelter Island Town Hall
Farmingville, N.Y. 11738 Shelter Island, N.Y. 11964
(631) 451-9009 (631) 749-3338
East Hampton Town Receiver of Taxes Smithtown Town Receiver of Taxes
300 Pantigo Place 99 West Main Street
East Hampton, N.Y. 11937 Smithtown, N.Y. 11787
(631) 3242770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main Street 116 Hampton Road
Huntington, N.Y. 11743 Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
Islip Town Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip, N.Y. 11751 Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
12-0104..06/06kd
l
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of June, 2017 at Southold, New York. The parties are DAVID L.
ST ELE and SHERRY STEELE, residing at 107 Elijah's Lane, Mattituck, New
York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main Road, P.O.
Box 1179, Southold, New York 11971-0959 (herein called '"Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, known as 12500
County Road 48, Mattituck, New York, identified as part of SCTM #1000-
108-2-7.1 more fully described in SCHEDULE "A-1" attached hereto and
made a part hereof and hereinafter referred to as the ""Property", and shown
on the survey prepared by Nathan Taft Corwin III, Land Surveyor, dated
November 23, 2011 and last updated April 20, 2017(a reduced copy of
which is attached hereto and made a part hereof and hereinafter referred to
as the "Survey"); and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this Easement; and
WHEREAS, the Property is currently planted and used as a nursery
operation and field crops;
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
June 12, 2017
WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any substantial development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an environmental, natural, scenic, agricultural, and aesthetic
resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLION FORTY-EIGHT
THOUSAND EIGHT HUNDRED THIRTY-TWO AND 00/100 DOLLARS
($1,048,832.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule ""A" annexed hereto
and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
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0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Fidelity National Title Insurance Services, LLC,
Title Report #F17-7404-104242-SUFF (Mortgagee First Pioneer Farm Credit,
ACA), recorded in Liber 20650, Mp. 286, and possesses the right to grant
this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantor that Grantee is a
municipal corporation organized and existing under the laws of the State of
New York State and is authorized under §64 of Town Law and §247 of the
New York State General Municipal Law ('General Municipal Law") to acquire
fee title or lesser interests in land, including development rights, easements,
covenants, and other contractual rights which may be necessary or desirable
for the preservation and retention of agricultural lands, open spaces and
natural or scenic resources.
0.03 Purpose
The parties recognize the environmental, natural, scenic, agricultural,
and aesthetic values of the Property and have the common purpose of
preserving these values by limiting the uses of the Property. This
instrument is intended to convey a Development Rights Easement on the
Property by Grantor to Grantee, exclusively for the purpose of preserving its
character in perpetuity for its environmental, natural, scenic, agricultural,
and aesthetic values by preventing the use or development of the Property
for any purpose or in any manner contrary to the provisions hereof, in
furtherance of federal, New York State and local conservation policies.
0.04 Governmental Recognition
New York State has recognized the importance of private efforts to
preserve rural land in a scenic, natural, and open condition through
conservation restrictions by the enactment of General Municipal Law §247.
Similar recognition by the federal government includes §170(h) of the
Internal Revenue Code ("IRC") and other federal statutes.
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
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purposes of this Easement. In order to aid in identifying and documenting
the present condition of the Property's environmental, natural, scenic,
agricultural, and aesthetic resources and otherwise to aid in identifying and
documenting such values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, an inventory of the Property's relevant features and conditions
(the `Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey prepared by Nathan Taft Corwin III, Land
Surveyor, dated November 23, 2011 and last updated April 20, 2017, a
Phase 1 Environmental Site Assessment dated April 10, 2017 by Cashin
Technical Services, and photographs taken on or about May 9, 2017 at the
Property related to the water pump system.
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports, photographs or other evidence to assist in the
resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest and
right to prohibit or restrict the use of the Property for uses or purposes
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June 12, 2017
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 they may be amended, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the New York State Agriculture and Markets Law
("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future 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.
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other purposes. Land that is in agricultural production,
including land in a fallow or otherwise idled manner, is not "Lawn."
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the
holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, or fencing necessary for agricultural operations or to mark the
boundaries of the Property, including without limitation fencing to keep out
predator animals, including deer. Approvals for those items listed in the
preceding sentence shall be as required by applicable provisions of the Town
Code. Structures shall not include hunting blinds, goose pits or agricultural
equipment as defined by the Agriculture and Markets Law.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
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1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities and provides Grantee with the
right to administer, manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons or
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor" and/or
"Grantee" when used herein shall include all of those persons or entities.
ARTICLE TWO
SALE
GRANTOR, for ONE MILLION FORTY-EIGHT THOUSAND EIGHT
HUNDRED THIRTY-TWO AND 00/100 DOLLARS ($1,048,832.00) and such
other good and valuable consideration, hereby grants, releases, and conveys
to Grantee this Easement, in perpetuity, together with all rights to enforce it.
Grantee hereby accepts this Easement in perpetuity, and undertakes to
enforce it against Grantor.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts, uses and
practices shall be prohibited forever upon or within the Property:
3.01 Structures
No structures may be erected or constructed on the Property except
after review by the Southold Town Land Preservation Committee ("Land
Preservation Committee") for consistency with the Purpose and other terms
of this Easement, and as permitted under other applicable provisions of the
Town Code and Sections 1.02 and 4.06 of this Easement.
3.02 Excavation and Removal of Materials; Mining
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to review by the Land Preservation Committee.
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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.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
review by the Land Preservation Committee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any other applicable State
or local law. ""Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot
lines between the Property and adjacent parcels, or subdivide the property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
conservation instrument.
Notwithstanding this Section 3.03, upon the dissolution of Grantor, the
underlying fee interest may be divided by conveyance of parts thereof to
Grantor's successors and/or assigns or by operation of law.
3.04 Dumping
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or chemical
waste on the Property shall be prohibited. This prohibition shall exclude
materials used in the normal course of sound agricultural practices on the
Property, including fertilization, composting and crop removal.
3.05 Signs
The display of signs, billboards, or advertisements shall be prohibited,
except signs allowed by the New York State Agriculture and Markets
guidelines, and those whose placement, number, and design do not
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significantly diminish the scenic character of the Property and only for any of
the following purposes: (a) to state the name of the Property and the
names and addresses of the occupants and the character of the business
conducted thereon, (b) to temporarily advertise the Property or any portion
thereof for sale or rent, (c) to post the Property to control unauthorized
entry or use, or (d) with the consent of the Grantor, to announce Grantee's
easement. Signs are subject to regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to §4.06 shall be prohibited without
the prior written consent of the Grantee. Underground utilities must, to the
extent possible, be constructed within 30 feet of the centerline of any roads
or driveways, and may be used solely to service the permitted structures on
the Property, or on adjoining properties subject to a development rights
easement or other conservation instrument.
3.07 Prohibited Uses
Except for uses specifically permitted by this Easement, the use of the
Property or structures on it for any residential, commercial or industrial
uses, permanent or temporary, including but not limited to a riding
academy, shall be prohibited. For the purposes of this section, agricultural
production, as that term is presently referenced in §247 of the General
Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as
said Chapter 70 may be amended and including the production of crops,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement, shall not be considered a commercial use.
Uses, improvements and activities permitted by the Town Code now or
in the future on agricultural lands protected by a development rights
easement or other instrument, including but not limited to farmstands, shall
not be considered a commercial use. No improvements, uses or activities
inconsistent with current or future agricultural production shall be permitted
on the Property. Under no circumstances shall athletic fields, golf courses or
ranges, commercial airstrips and helicopter pads, motorcross biking, or any
other improvements or activity inconsistent with current or future
agricultural production be permitted on the Property.
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Grantor shall not establish or maintain a Lawn on the Property.
Hunting is permitted on the Property provided it does not interfere
with agricultural production and is conducted in accordance with agricultural
management practices.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service ("NRCS").
3.09 Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
practices and in order to control flooding or soil erosion on the Property.
3.10 Development Rights
The use of the acreage of this Property for purposes of calculating lot
yield on any other Property shall be prohibited. Grantor hereby grants to
Grantee all existing development rights (and any further development rights
that may be created through a rezoning of the Property) on the Property,
except for the right to construct, maintain and replace any pre-existing
structures, and to construct new structures, as such rights may be provided
in Section 4.06, and the parties agree that any other such development
rights shall be terminated and extinguished and may not be used or
transferred to any other parcels.
ARTICLE FOUR
GRANTOR'S RIGHTS
4.01 Ownership
Subject to the provisions of ARTICLE THREE, Grantor shall retain all
other rights of ownership in the Property, some of which are more
particularly described in this ARTICLE FOUR.
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4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
4.03 Use
Grantor shall have the right to use the Property in any manner and for
any purpose consistent with and not prohibited by this Easement, as well as
applicable local, State, or federal law. Grantor shall have the right to use
the Property for uses, improvements and activities permitted by the Town
Code, now or in the future, on agricultural lands protected by a development
rights easement or other instrument, including, but not limited to
farmstands and for educational or training programs related to agricultural
production or activities.
Grantor shall also have the right to use the Property for traditional
private recreational uses, provided such recreational uses are conducted for
the personal enjoyment of Grantor, are compatible with farming,, and are
otherwise consistent with and do not derogate from or defeat the Purpose of
this Easement or other applicable law. These uses shall not be offered or
provided for commercial purposes, including the commercial gain of Grantor
or others.
4.04 Landscaping Activities
Grantor shall have the right to continue the current and/or customary
modes of landscaping, pruning and grounds maintenance on the Property as
evidenced by the documentation set forth in Section 0.05. Grantor shall
have the right to remove or restore trees, shrubs, or other vegetation when
dead, diseased, decayed or damaged or interfering with agricultural
production, to thin and prune trees to maintain or improve the appearance
of the property, and to mow the property. Notwithstanding the above,
Grantor is prohibited from establishing or maintaining a Lawn on the
Property, as set forth in 3.07.
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 respectively in Chapter 70 of the Town Code,
now, or as they may be amended, and including the production of crops;
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livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future restriction in said laws and/or Code or limitation in
the definitions set forth in said laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
Grantor may offer "U-Pick" operations and/or the use of a corn maze
to the general public, provided that such activities are conducted in
conjunction with seasonal harvests, do not interfere with agricultural
production and are otherwise consistent with and do not derogate from or
defeat the Purpose of this Easement or other applicable laws.
Notwithstanding the definition of agricultural production in Chapter 70
of the Town Code or any successor chapter, structures shall be prohibited
except as set forth in Section 4.06 herein and as permitted by the Town
Code now or in the future on agricultural lands protected by a development
rights easement or other instrument, including but not limited to
farmstands.
4.06 Structures
A. Allowable Improvements. Grantor shall have the right to erect and
maintain the following improvements on the Property, as may be permitted
by the Town Code and subject to review by the Land Preservation
Committee, and such other approvals as required by the Town Code,
provided the improvements are consistent with and -do not derogate from or
defeat the Purpose of this Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property;
(ii) New construction, including drainage
improvement structures, provided such structures are
customarily, incidental and subordinate to agricultural
production;
(iii) Renovation, maintenance and repairs of any
existing structures or structures built or permitted
pursuant to this Section 4.06, provided the primary,
purpose of the structure remains agricultural.
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B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section
4.06 impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted in kind and within the
same general location, subject to the review and written approval of
Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications and obtain all necessary approvals that
may be required by this Easement or by the Town Code, and shall provide
documentation as may be required for such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. 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.
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4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantor from
further restricting the use, improvements or structures on the Property. Any
such further restrictions shall be consistent with and in furtherance of the
general intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments,
subject, however, to Grantor's right to grieve or contest such assessment.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, arising from injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, or from any taxes, levies or assessments upon it or resulting from
this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors.
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ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor and Grantor's approval, not to be
unreasonably withheld or delayed, and in a manner that will not interfere
with Grantor's quiet use and enjoyment of the Property, for the purpose of
inspection to determine whether this Easement and its purposes and
provisions are being upheld. Grantee shall not have the right to enter upon
the Property for any other purposes, except as provided in Section 6.02 and
6.03, or to permit access upon the Property by the public.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement 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'
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,
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(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee deems necessary or desirable to
ensure compliance with the terms, conditions, covenants,
obligations and purposes of this Easement; provided, however,
that any failure, delay or election to so act by Grantee shall not
be deemed to be a waiver or a forfeiture of any right or available
remedy on Grantee's part with respect to such breach, default,
or violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within thirty (30) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or by certified mail, return receipt requested, with
sufficient prepaid postage affixed and with return receipts requested. Mailed
notice to Grantor shall be addressed to Grantor's address as recited herein,
or to such other address as Grantor may designate by notice in accordance
with this Section 6.04. Mailed notice to Grantee shall be addressed to its
principal office recited herein, marked to the attention of the Supervisor and
the Town Attorney, or to such other address as Grantee may designate by
notice in accordance with this Section 6.04. Notice shall be deemed given
and received as of the date of its manual delivery or three business days
after the date of its mailing.
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6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the_ Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural value of the
Property. If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
16
June 12, 2017
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantor and in accordance with any applicable State
and local laws. Any such amendment shall be consistent with the Purpose of
this Easement and shall comply with the Town Code and any regulations
promulgated hereunder, and shall be duly recorded.
This Easement is made with the intention that it shall qualify as a
Conservation Easement in perpetuity under Internal Revenue Code §170(h).
The parties agree to amend the provisions of this Easement if such
amendment shall be necessary, to entitle Grantor to meet the requirements
of §170(h). Any such amendment shall apply retroactively in the same
manner as if such amendment or amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be alienated
except pursuant to the provisions of Chapter 70 of the Town Code or any
successor chapter and other applicable laws, upon the adoption of a local law
authorizing the alienation of said rights and interest, following a public
hearing and, thereafter, ratified by a mandatory referendum by the electors
of the Town of Southold. No subsequent amendment of the provisions of the
Town Code shall alter the limitations placed upon the alienation of those
property rights or interests which were acquired by the Town prior to any
such amendment.
In addition to the limitations set forth above, Grantee shall have the
right to transfer all or part of this Easement to any public agency, or private
non-governmental organization, that at the time of transfer is a ""qualified
organization" under §170(h) of the Internal Revenue Code, provided that
transferee expressly agrees to assume the responsibility imposed on the
Grantee by this Easement.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency
that agrees to assume the responsibilities imposed by this Easement.
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
17
June 12, 2017
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective.
7.05 Governing Law
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
18
June 12, 2017
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.
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:
By:
- po-A
DAVID L. STEELE, Grantor
By:
SH RRA ST , Grantor
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: �
Scott . Russell, Supervisor
STATE OF NEW YORK)
COUNTY OF SUFFOLK), SS.-
On
S.On the day of June in the year 2017 before me, the undersigned, personally
appeared David L. Steele, personally known tome or proved tome 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
19
June 12, 2017
individual(s), or the person upon behalf of which the individual(s) acted, executed the
Instrument.
Signatur%fce of i- ividual taking acknowledgement
A-OcA- L. - cc ii on
PATRICIA L. FALLON
Notary Public, State Of New York
STATE OF NEW YORK) ? No. 01 FA4950146
Qualified In Suffolk County
COUNTY OF SUFFOLK), SS. Commission Expires April 24, OVi 9
On the 11 day of June in the year 2017 before me, the undersigned, personally
appeared Sherry Steele, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name (s) is(are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individuals) acted, executed the
instrument.
Signatur%fce of individual taking acknowledgement
P4�6 idl_L. F ow-t
PATRICIA L. FALLON
j Notary Public,State Of New York
No. 09 FA4950146
STATE OF NEW YORK
Qualified In Suffolk County
COUNTY OF SUFFOLK ) SS. Commission Expires April 24, l�
On this a7 day of June in the year 2017 before me, the undersigned, personally
appeared Scott A. Russell, personally known to me or proved to me on the basis of
satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individual(s) acted, executed the
instrument.
Signatur%fce of individual taking acknowledgement
PAA-n c�a- L•-tU L ic>'I
PATRICIA L. FALLON
I Notary Public, State Of New York
i No. 01 FA4950146
Qualified in Suffolk County
Commission Expires April 24, I�1
20
i
Fidelity National Title Insurance Company
TITLE N0.F17-7404-104242-SUFF
SCHEDULE A-I (Description)
AMENDED 05/30/17
DEVELOPMENT RIGHTS EASEMENT(TO BE INSURED)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point of intersection of the Easterly side of Elijah's Lane with the Northerly side of Long Island
Railroad; and
RUNNING THENCE along said Easterly side of Elijah's Lane the following two (2) courses and distances:
1)Noith 38 degrees 57 minutes 10 seconds West, 888.90 feet;
2) Northeasterly on a curve to`the right, having a radius of 72.00 feet, a distance along said curve of 103.0b feet to the
Southerly side of Middle Road (C.R. 48); -
THENCE along said side of Middle Road the following 2 courses and distances:
1)Easterly on a curve to the right along said Middle Road, having a radius of 2832.79 feet, a distance along said curve of
173.48 feet;
2)North 49 degrees 29 minutes 15 seconds East, 208.63 feet to a point;
RUNNING THENCE South 40 degrees 30 minutes 45 seconds East,233.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 304.23 feet to a point;
THENCE South 40 degrees 30 minutes 45 seconds East, 146.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 157.77 feet to Iand now or formerly of Tuthill;
THENCE'South 40 degrees 30 minutes 45 seconds East along said land 131.52 feet to land now or formerly of County of
Suffolk;
THENCE along the land now or formerly of County of Suffolk the following 2 courses and distances:
1) South 49 degrees 29 minutes 15 seconds West, 37.50-feet to a point;
2) South 40 degrees 3 0 minutes 45 seconds East,403.00 feet to land now or formerly of Long Island Railroad;
THENCE along Long Island Railroad the following three courses and distances:
l) South 45 degrees-44 minutes 00 seconds West, 320.13 feet; -
2)North 40 degrees 25 minutes 00 seconds West, 12.40 feet;
3) South 45 degrees 44 minutes 00 seconds West, 579.72 feet to the point or place of BEGINNING,
` O
SURVEY Of PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD '
SUFFOLK COUNTY, NEW YORK
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Nathan Taft Corwin III
Land Surveyor
amu.
0 Fidelity National Title Insurance Company
POLICY NO.:NY-FRVH-SAM-2730632-1-17-104242
AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(6/17/06)
With New York Coverage Endorsement Appended
Issued by
Fidelity National Title Insurance Company
Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the
Company at the address shown in Section 18 of the Conditions.
• COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE
CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida 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
I 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
(vu) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting,regulating,prohibiting,or relating to
(a) the occupancy,use, or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land, or
(d) environmental protection
if a notice, describing any 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 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 in or lien or encumbrance on the Title or other matter included in Covered Risks 1 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, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent
provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized
officers
Fidelity National Title Insurance Company
1%1LE' /
PO
BY n _)"1
y G �Il-(Y//U/J l
�' FT President
� SEALg
ATTEST
Countersigned: Secretary
Authorized Signatory
2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended
Fidelity National Title Insurance Company
Policy No.:NY-FRVH-SAM-2730632-1-17-104242 Title No.: F17-7404-104242-SUFF
SCHEDULE A
Amount of Insurance: $1,048,832.00 Date of Policy:June 27,2017 at 9:00 AM
1. Name of Insured:
Town of Southold
2. The estate or interest in the land which is covered by this policy is:
Development Rights
3. Title to the estate or interest in the-land is vested in:
Town of Southold
Easement Agreement made by David L. Stelle and Sherry Steele,his wife dated June 27,2017 to be recorded in
the Suffolk County Clerk's Office
4. The land referred to in this policy is described as follows:
See Schedule A-1 (Description),following.
I
i
i
I
i
I
Schedule A Owner's Policy Page I
Rev (02/04)
Fidelity National Title Insurance Company
Policy No:NY-FRVH-SAM-2730632-1-17-104242 Title No.: F17-7404-104242-SUFF
SCHEDULE A-1
Description
AMENDED 05/30/17
DEVELOPMENT RIGHTS EASEMENT(TO BE INSURED)
ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk
and State of New York, bounded and described as follows:
BEGINNING at a point of intersection of the Easterly side of Elijah's Lane with the Northerly side of Long Island
Railroad; and
RUNNING THENCE along said Easterly side of Elijah's Lane the following two(2) courses and distances:
1)North 38 degrees 57 minutes 10 seconds West, 888.90 feet;
2)Northeasterly on a curve to the right, having a radius of 72.00 feet, a distance along said curve of 103.00 feet to the
Southerly side of Middle Road(C.R. 48);
THENCE along said side of Middle Road the following 2 courses and distances:
1) Easterly on a curve to the right along said Middle Road, having a radius of 2832.79 feet, a distance along said curve of
173.48 feet;
2)North 49 degrees 29 minutes 15 seconds East, 208.63 feet to a point;
RUNNING THENCE South 40 degrees 30 minutes 45 seconds East, 233.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 304.23 feet to a point;
THENCE South 40 degrees 30 minutes 45 seconds East, 146.00 feet to a point;
THENCE North 49 degrees 29 minutes 15 seconds East, 157.77 feet to land now or formerly of Tuthill;
THENCE South 40 degrees 30 minutes 45 seconds East along said land 131.52 feet to land now or formerly of County of
Suffolk;
THENCE along the land now or formerly of County of Suffolk the following 2 courses and distances:
1) South 49 degrees 29 minutes 15 seconds West, 37.50 feet to a point;
2) South 40 degrees 30 minutes 45 seconds East, 403.00 feet to land now or formerly of Long Island Railroad;
THENCE along Long Island Railroad the following three courses and distances:
Schedule B Owner's Policy Page 2
Rev.(02/04)
I
Fidelity National Title Insurance Company
Policy No:NY-FRVH-SAM-2730632-1-17-104242
Title No.:F17-7404-104242-SUFF
SCHEDULE B—PART I
Continued
1) South 45 degrees 44 minutes 00 seconds West, 320.13 feet;
2)North 40 degrees 25 minutes 00 seconds West, 12.40 feet;
3) South 45 degrees 44 minutes 00 seconds West, 579.72 feet to the point or place of BEGINNING.
2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended
Fidelity National Title Insurance Company
Policy No: NY-FRVH-SAM-2730632-1-17-104242
Title No.:F 17-7404-104242-SUFF
SCHEDULE B—PART I
Continued
Fidelity National Title Insurance Company
Policy Number: NY-FRVH-SAM-2730632-1-17-104242 Title No.: F17-7404-104242-SUFF
SCHEDULE B - PART I
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 tenants and persons in possession.
2. Appropriation in Liber 5740 Page 367 and Liber 5683 Page 507.
3. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer of title, premises are
subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of death or
the transfer from the owner entitled to the exemption and to whom such exemption was duly granted.
4. Company excepts sewer charges that have not been specifically included on the tax report herein.
5. Survey made by Nathan Taft Corwin III dated 04/20/17 covers premises and more.
AS TO DEVELOPMENT RIGHTS EASEMENT AREA ONLY: Survey shows nursery area; business sign;
concrete pad; well; irrigation unit; fuel tank; guy wires and utility poles; farm road running throughout premises;
fence lying up 2.0 feet east of easterly record line; fence lying up to 1.4 feet south of part of southerly record line.
6. Policy excepts right of others to use and maintain the farm road running throughout premises.
7. Company excepts rights of utility companies to maintain or relocate guy wires and utility poles as shown on the
survey used herein. Policy excepts the rights of others to use said service.
8. Policy does not insure that the fences lying outside the record lines may remain undisturbed in their present
locations.
2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended
Fidelity National Title Insurance Company
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Attached to and forming a part of Policy No.NY-FRVH-SAM-2730632-1-17-104242
of Fidelity National Title Insurance Company
1. The following is added as a Covered Risk:
"11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the
date hereof,and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in
Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments,water charges or sewer rents imposed by governmental authority and
created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public
Records that vests Title as Shown in Schedule A.
THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or(iv) increase the Amount of Insurance.
To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this
endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior
endorsements.
Fidelity National Title Insurance Company
BY
ftmva,Predent
SEAL s
ATTEST
Secretary
STANDARD NEW YORK ENDORSEMENT(7-01-12)
FOR USE WITH ALTA LOAN POLICY(6-17-06)
Fidelity National Title Insurance Company
Bills
POLICY AUTHENTICATION ENDORSEMENT
Attached to and made a part of Policy No.NY-FRVH-SAM-2730632-1-17-104242
of Fidelity National Title Insurance Company
When the policy is issued by the Company with a policy number and Date of Policy,the Company will not deny liability under the
policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or
lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of
the policy,(ii)modify any prior endorsements,(iii)extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent
a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement,this endorsement
controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements.
DATED: June 27,2017.
Countersigned: Fidelity National/Title Insurance Company
-, t%ILE p
BY \ Y
SEAL Pres�Aent
ATTEST
B Y;f&P Secretary
i
TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excludeu'"..-,fi.the coverage of this policy,and the Company will nw,,,`.oss or damage,costs,attorneys' fees,or expenses that
arise by reason of:
I (a) Any law,ordinance,permit,or governmental regulation(including those relating to budding and zoning)restricting,regulating,prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land;
(n) the character,dimensions or location of any improvement erected on the Land;
(iii) the subdivision of land,or
(iv) environmental protection;
or the effect of any violation of these laws,ordinances,or governmental regulations This Exclusion 1(a)does not modify or limit the coverage provided under
Covered Risk 5
(b) Any governmental police power.This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6
2 Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
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(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10),or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4 Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors' rights laws,that the transaction vesting the Title as shown in
Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer,or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy
5. Any lien on the Title for real estate taxes or assessments 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.
CONDITIONS
1. DEFINITION OF TERMS is a contractual condition requiring the delivery of marketable title
The following terms when used in this policy mean. 2. CONTINUATION OF INSURANCE
(a) "Amount of Insurance" The amount stated in Schedule A,as may be The coverage of this policy shall continue in force as of Date of Policy in
increased or decreased by endorsement to this policy, increased by Section favor of an Insured,but only so long as the Insured retains an estate or interest
8(b),or decreased by Sections 10 and 1 I of these Conditions in the Land, or holds an obligation secured by a purchase money Mortgage
(b) "Date of Policy" The date designated as`Date of Policy"in Schedule given by a purchaser from the Insured, or only so long as the Insured shall
A have liability by reason of warranties in any transfer or conveyance of the
(c) "Entity". A corporation,partnership,trust, limited liability company, Title. This policy shall not continue in force in favor of any purchaser from
or other similar legal entity. the Insured of either(i)an estate or interest in the Land,or(ii)an obligation
(d) "Insured"The Insured named in Schedule A secured by a purchase money Mortgage given to the Insured
(i) The term"Insured"also includes 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
(A)successors to the Title of the Insured by operation of law as The Insured shall notify the Company promptly in writing(i) in case of
distinguished from purchase, including heirs, devisees, survivors, personal any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
representatives,or next of kin, Knowledge shall come to an Insured hereunder of any claim of title or interest
(B)successors to an Insured by dissolution, merger, that is adverse to the Title,as insured,and that might cause loss or damage for
consolidation,distribution,or reorganization; which the Company may be liable by virtue of this policy,or(iii)if the Title,
(C) successors to an Insured by its conversion to another kind of as insured,is rejected as Unmarketable Title If the Company is prejudiced by
Entity; the failure of the Insured Claimant to provide prompt notice,the Company's
(D)a grantee of an Insured under a deed delivered without liability to the Insured Claimant under the policy shall be reduced to the extent
payment of actual valuable consideration conveying the Title of the prejudice.
(1) if the stock, shares, memberships, or other equity 4. PROOF OF LOSS
interests of the grantee are wholly-owned by the named Insured, In the event the Company is unable to determine the amount of loss or
(2) if the grantee wholly owns the named Insured, damage, the Company may, at its option, require as a condition of payment
(3) if the grantee is wholly-owned by an affiliated Entity of that the Insured Claimant furnish a signed proof of loss. The proof of loss
the named Insured, provided the affiliated Entity and the named Insured are must describe the defect,lien,encumbrance,or other matter insured against by
both wholly-owned by the same person or Entity,or this policy that constitutes the basis of loss or damage and shall state, to the
(4) if the grantee is a trustee or beneficiary of a trust created extent possible,the basis of calculating the amount of the loss or damage
by a written instrument established by the Insured named in Schedule A for 5. DEFENSE AND PROSECUTION OF ACTIONS
estate planning purposes (a) Upon written request by the Insured, and subject to the options
(ii) With regard to (A), (B), (C), and (D) reserving, however, all contained in Section 7 of these Conditions,the Company,at its own cost and
rights and defenses as to any successor that the Company would have had without unreasonable delay, shall provide for the defense of an Insured in
against any predecessor Insured. litigation in which any third party asserts a claim covered by this policy
(e) "Insured Claimant".An Insured claiming loss or damage adverse to the Insured.This obligation is limited to only those stated causes of
(f) "Knowledge" or "Known" Actual knowledge, not constructive action alleging matters insured against by this policy. The Company shall
knowledge or notice that may be imputed to an Insured by reason of the have the right to select counsel of its choice(subject to the right of the Insured
Public Records or any other records that impart constructive notice of matters to object for reasonable cause) to represent the Insured as to those stated
affecting the Title causes of action It shall not be liable for and will not pay the fees of any other
(g) "Land".The land described in Schedule A,and affixed improvements counsel.The Company will not pay any fees, costs, or expenses incurred by
that by law constitute real property. The term "Land" does not include any the Insured in the defense of those causes of action that allege matters not
property beyond the lines of the area described in Schedule A,nor any right, insured against by this policy
title, interest, estate, or easement in abutting streets, roads, avenues, alleys, (b) The Company shall have the right, in addition to the options
lanes,ways,or waterways,but this does not modify or limit the extent that a contained in Section 7 of these Conditions, at its own cost, to institute and
right of access to and from the Land is insured by this policy prosecute any action or proceeding or to do any other act that in its opinion
(h) "Mortgage- Mortgage, deed of trust, trust deed, or other security may be necessary or desirable to establish the Title, as insured,or to prevent
instrument,including one evidenced by electronic means authorized by law. or reduce loss or damage to the Insured The Company may take any
(i) "Public Records" Records established under state statutes at Date of appropriate action under the terms of this policy, whether or not it shall be
Policy for the purpose of imparting constructive notice of matters relating to liable to the Insured The exercise of these rights shall not be an admission of
real property to purchasers for value and without Knowledge. With respect to liability or waiver of any provision of this policy.If the Company exercises its
Covered Risk 5(d), "Public Records" shall also include environmental rights under this subsection,it must do so diligently
protection liens filed in the records of the clerk of the United States District (c) Whenever the Company brings an action or asserts a defense as
Court for the district where the Land is located. required or permitted by this policy,the Company may pursue the litigation to
0) "Title":The estate or interest described to Schedule A a final determination by a court of competent jurisdiction, and it expressly
(k) "Unmarketable Title-Title affected by an alleged or apparent matter reserves the right,in its sole discretion,to appeal from any adverse judgment
that would permit a prospective purchaser or lessee of the Title or lender on or order
the Title to be released from the obligation to purchase, lease,or lend if there 6. DUTY OF INSURED CLAIMANT TO COOPERATE
2730632(5/07) ALTA Owner's Policy(6/17106)w/New York coverage Endorsement Appended
(a) In all cases where this policy perrr requires the Company to wilt also pay than- attorneys'fees,and expenses incurred in accordance
prosecute or provide for the defense of any action or proceeding and any with Sections 5 and 7 of these Conditions
appeals,the Insured shall secure to the Company the right to so prosecute or 9. LIMITATION OF LIABILITY
provide defense in the action or proceeding, including the right to use, at its (a) If the Company establishes the Title, or removes the alleged defect,
option, the name of the Insured for this purpose. Whenever requested by the lien or encumbrance,or cures the lack of a right of access to or from the Land,
Company,the Insured,at the Company's expense,shall give the Company all or cures the claim of Unmarketable Title, all as insured, in a reasonably
reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or diligent manner by any method,including litigation and the completion of any
defending the action or proceeding, or effecting settlement, and (ii) in any appeals,it shall have fully performed its obligations with respect to that matter
other lawful act that in the opinion of the Company may be necessary or and shall not be liable for any loss or damage caused to the Insured
desirable to establish the Title or any other matter as insured. If the Company (b) In the event of any litigation, including litigation by the Company or
is prejudiced by the failure of the Insured to famish the required cooperation, with the Company's consent,the Company shall have no liability for loss or
the Company's obligations to the Insured under the policy shall terminate, damage until there has been a final determination by a court of competent
including any liability or obligation to defend, prosecute, or continue any Jurisdiction,and disposition of all appeals,adverse to the Title,as insured
litigation,with regard to the matter or matters requiring such cooperation (c) The Company shall not be liable for loss or damage to the Insured for
(b) The Company may reasonably require the Insured Claimant to submit liability voluntarily assumed by the Insured in settling any claim or suit
to examination under oath by any authorized representative of the Company without the prior written consent of the Company
and to produce for examination, inspection, and copying, at such reasonable 10. REDUCTION OF INSURANCE; REDUCTION OR
times and places as may be designated by the authorized representative of the TERMINATION OF LIABILITY
Company, all records, in whatever medium maintained, including books, All payments under this policy, except payments made for costs,
ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the
and videos whether bearing a date before or after Date of Policy, that amount of the payment.
reasonably pertain to the loss or damage Further, if requested by any 11. LIABILITY NONCUMULATIVE
authorized representative of the Company,the Insured Claimant shall grant its The Amount of Insurance shall be reduced by any amount the Company
permission, in writing, for any authorized representative of the Company to pays under any policy insuring a Mortgage to which exception is taken in
examine, inspect,and copy all of these records in the custody or control of a Schedule B or to which the Insured has agreed,assumed,or taken subject,or
third party that reasonably pertain to the loss or damage. All information which is executed by an Insured after Date of Policy and which is a charge or
designated as confidential by the Insured Claimant provided to the Company lien on the Title, and the amount so paid shall be deemed a payment to the
pursuant to this Section shall not be disclosed to others unless, in the Insured under this policy
reasonable judgment of the Company, it is necessary in the administration of 12. PAYMENT OF LOSS
the claim. Failure of the Insured Claimant to submit for examination under When liability and the extent of loss or damage have been definitely fixed
oath, produce any reasonably requested information, or grant permission to in accordance with these Conditions, the payment shall be made within 30
secure reasonably necessary information from third parties as required in this days.
subsection, unless prohibited by law or governmental regulation, shall 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
terminate any liability of the Company under this policy as to that claim (a) Whenever the Company shall have settled and paid a claim under this
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy,it shall be subrogated and entitled to the rights of the insured Claimant
TERMINATION OF LIABILITY in the Title and all other rights and remedies in respect to the claim that the
In case of a claim under this policy,the Company shall have the following Insured Claimant has against any person or property, to the extent of the
additional options: amount of any loss,costs,attorneys'fees,and expenses paid by the Company.
(a) To Pay or Tender Payment of the Amount of Insurance. If requested by the Company,the Insured Claimant shall execute documents
To pay or tender payment of the Amount of Insurance under this policy to evidence the transfer to the Company of these rights and remedies The
together with any costs,attorneys'fees,and expenses incurred by the Insured Insured Claimant shall permit the Company to sue, compromise, or settle in
Claimant that were authorized by the Company up to the time of payment or the name of the Insured Claimant and to use the name of the Insured Claimant
tender of payment and that the Company is obligated to pay in any transaction or litigation involving these rights and remedies.
Upon the exercise by the Company of this option, all liability and If a payment on account of a claim does not fully cover the loss of the
obligations of the Company to the Insured under this policy, other than to Insured Claimant,the Company shall defer the exercise of its right to recover
make the payment required in this subsection,shall terminate, including any until after the Insured Claimant shall have recovered its loss
liability or obligation to defend,prosecute,or continue any litigation (b) The Company's right of subrogation includes the rights of the Insured
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or to indemnities, guaranties, other policies of insurance, or bonds,
With the Insured Claimant. notwithstanding any terms or conditions contained in those instruments that
(i) To pay or otherwise settle with other parties for or in the name of address subrogation rights
an Insured Claimant any claim insured against under this policy In addition, 14. ARBITRATION
the Company will pay any costs,attorneys' fees,and expenses incurred by the Either the Company or the Insured may demand that the claim or
Insured Claimant that were authorized by the Company up to the time of controversy shall be submitted to arbitration pursuant to the Title Insurance
payment and that the Company is obligated to pay,or Arbitration Rules of the American Land Title Association ("Rules") Except
(ii) To pay or otherwise settle with the Insured Claimant the loss or as provided in the Rules,there shall be no joinder or consolidation with claims
damage provided for under this policy, together with any costs, attorneys' or controversies of other persons.Arbitrable matters may include,but are not
fees,and expenses incurred by the Insured Claimant that were authorized by limited to, any controversy or claim between the Company and the Insured
the Company up to the time of payment and that the Company is obligated to arising out of or relating to this policy, any service in connection with its
pay, issuance or the breach of a policy provision, or to any other controversy or
Upon the exercise by the Company of either of the options provided for in claim arising out of the transaction giving rise to this policy All arbitrable
subsections(b)(i)or(ii),the Company's obligations to the Insured under this matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated
policy for the claimed loss or damage,other than the payments required to be at the option of either the Company or the Insured All arbitrable matters when
made, shall terminate, including any liability or obligation to defend, the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only
prosecute,or continue any litigation when agreed to by both the Company and the Insured.Arbitration pursuant to
8. DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties Judgment
This policy is a contract of indemnity against actual monetary loss or upon the award rendered by the Arbitrator(s)may be entered in any court of
damage sustained or incurred by the Insured Claimant who has suffered loss competent jurisdiction
or damage by reason of matters insured against by this policy 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
(a) The extent of liability of the Company for loss or damage under this CONTRACT
policy shall not exceed the lesser of (a) This policy together with all endorsements, if any, attached to it by
(i) the Amount of Insurance;or the Company is the entire policy and contract between the Insured and the
(ii) the difference between the value of the Title as insured and the Company. In interpreting any provision of this policy, this policy shall be
value of the Title subject to the risk insured against by this policy. construed as a whole
(b) If the Company pursues its rights under Section 5 of these Conditions (b) Any claim of loss or damage that arises out of the status of the Title
and is unsuccessful in establishing the Title,as insured, or by any action asserting such claim shall be restricted to this policy
(t) the Amount of Insurance shall be increased by 10%,and (c) Any amendment of or endorsement to this policy must be in writing
(ii) the Insured Claimant shall have the right to have the loss or and authenticated by an authorized person, or expressly incorporated by
damage determined either as of the date the claim was made by the Insured Schedule A of this policy
Claimant or as of the date it is settled and paid (d) Each endorsement to this policy issued at any time is made a part of
(c) In addition to the extent of liability under(a) and (b),the Company this policy and is subject to all of its terms and provisions. Except as the
2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended
s t
endorsement expressly states, it does not (i, ____'ify any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (m) extend the
Date of Policy,or(iv)increase the Amount of Insurance
16. SEVERABILITY
In the event any provision of this policy, in whole or in part, is held
invalid or unenforceable under applicable law,the policy shall be deemed not
to include that provision or such part held to be invalid, but all other
provisions shall remain in full force and effect.
17. CHOICE OF LAW;FORUM
(a) Choice of Law The Insured acknowledges the Company has
underwritten the risks covered by this policy and determined the premium
charged therefor in reliance upon the law affecting interests in real property
and applicable to the interpretation, rights, remedies, or enforcement of
policies of title insurance of the jurisdiction where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the Jurisdiction
where the Land is located to determine the validity of claims against the Title
that are adverse to the Insured and to interpret and enforce the terms of this
policy. In neither case shall the court or arbitrator apply its conflicts of law
principles to determine the applicable law.
(b) Choice of Forum. Any litigation or other proceeding brought by the
Insured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate
jurisdiction.
18. NOTICES,WHERE SENT
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
Fidelity National Title Insurance Company,Attn. Claims Department,P O.
Box 45023,Jacksonville,Florida 32232-5023.
2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended
CLOSING STATEMENT
DAVID L. STEELE and SHERRY STEELE
to TOWN OF SOUTHOLD
part of SCTM #1000-108.-2-7.1
Total Development Rights Easement— 16.388 acres
Total Parcel Acreage— 19.388 acres
Excluded Area — 3.0 acres
Premises: 12500 County Road 48, Mattituck
Closing took place on Tuesday, June 27, 2017
at 10:00 a.m., Southold Town Hall Annex
---------------------------------------------------------------------------------------------------------------
Purchase Price of $ 1,048,832.00 (based upon 16.388 buildable acres @
$64,000 per buildable acre) disbursed as follows:
Payable to David L. Steele & Sherry Steele $ 1,048,832.00
Check #132617 (6/20/2017)
Expenses of Closing:
Appraisal
Payable to Lawrence Indimine Consulting Corp. $ 2,500.00
Check #129706 (9/6/2016)
Survey
Payable to Nathan Taft Corwin III Land Surveyor $ 1,700.00
Check #132527 (6/6/2017)
Environmental Report (Phase I ESA)
Payable to Cashin Associates, P.C. $ 1,075.00
Check #132058 (4/25/2017)
Title Report
Payable to Fidelity National Title $ 5,67:00
Check#132627 (6/20/2017) 5,415.75*
Title insurance policy $ 4687
Recording easement/cert copy $ 535
Recording C&R's/cert copy $ 405
Bankruptcy Search (2) 50
$ 5677*
*refund for excess recording fees $ 261.25
(Fidelity check#37078 (8/8/2017) $ 5415.75
Title Closer Attendance Fee
Payable to Patricia Fallon $ 150.00
Check #132626 (6/20/2017)
Those present at Closing:
Scott A. Russell Southold Town Supervisor
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
David L. Steele Seller
Sherry Steele Seller
Abigail A. Wickham, Esq. Attorney for Sellers
Patricia Fallon Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Sr Adm Asst
y.e
TOWN OF SOUTHOLD
VENDOR .03176 DAVID L.STEELE & SHERRY STEELE 06/20/2017 CHECK 132617
A •
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 17-264 062717 STEELE-16.388AC DEV RG 1, 048,832.00
TOTAL 1, 048,832.00
4µ.z
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J• F "t7:r7� „ry+.t.,s,..\� :?i� +,asP id!C ..2aF'} yv
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lV S �.n'�,•�YS:�•4'�n^nM1
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p �•7K:� F t�7T.:c:.i'7•'•h �+y�.'�}'� Tct'C��` 'i�i'�n �'�Z (at'
I f S "h'.'..r.•te '
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TOWN OF SOUTHOLD AUDIT '0 6/�o/17
53095 MAIN ROAD,PO BOX 1179 %?
S_OUTHOLD,NY 11971-0959 _ CHECK NO. :132617
"d
µV ( THE SUFFOLK CO.NATIONAL BANK1'
CUTCHOGUE,NY 11935 DATE AMOUNT' ' '
50-546l21�3 - OF/20/2017 ;,"`• `;$1,,O4'8,8+3'2.OO qhs
'ONE-`MILLION FORTY EIGHT THOUSAND EIGHT-HUNDRED THIRTY TWO AND 00/ld0 'DOhLARS
IPAY DAVID L.STEELE & SHERRY STEELE
' TO THE 107 ELIJAH'S LANE _ 4
ORDER MATTITUCK NY 11952
or
u• L :i 2F, L7u• i:n P LL.n ;t. F,4i: F, 3 000004 Do
Lawrence Indimine Consulting Corp. Invoice
PO Box 1453 Date Invoice#
Smithtown,NY 11787
8/18/2016 799
(631) 979-2735
Bill To
Town of Southold
Department of Land Preservation
PO Box 1179
Southold,NY 11971-0959
Description Amount
Appraisal of Real Property of David Steele 2,500.00
Located 12500 Route 48,Mattituck,NY
SCTM#1000-108-2-7.1
File#16077
G
°nCC�C �1ED
AUG 19 2016
DEPT.OF LAND
°PESERV,ITION
Thank you for your business.
Total $2,500_00
— ----,
r
TOWN OF SOUTHOLD ,
VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 09/06/2016 CHECK 129706
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.500.200 29768 799 APPRAISAL—STEELE PRPRTY 2,500.00 i
t
` TOTAL �— �' 2,500.00
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NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice
P.O. BOX 16
Jamesport,New York 11947 Date Invoice#
Office Location:
1586 Main Road, Jamesport NY 6/1/2017 8894
Phone#631-727-2090 Fax# 631-727-1727
Bill To
Town of Southold
Land Preservation Dept.
P.O.Box 1179
Southold,New York 11971
Att:Melissa Spiro
Job# Client: Terms S.C.Tax Lot No.
31-177-A Steele 30 DAYS 1000-108-02-7.1
Description Amount
Survey 1,700.00
JUN - 2 2011
DEPT.OF{AND
Total $1,700.00
!^RE;FRV,��!
Payments/Credits $0.00
A service charge of 2%per month will be charged on balances 90 days past due
Balance Due $1,700.00
TOWN OF SOUTHOLD
VENDOR 013975 NATHAN T CORWIN III 06/06/2017 CHECK 132527
A K
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT `y
CM .8660.2.600-.100 30858 8894 STEELE SURVEY-16.388 ACR 1,700.00
TOTAL 1,700.00 S
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SOU_THOLD,NY 11971-0959 -CHECK NO. 1'32527;
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PAY NATHAN T CORWIN III o,
TO tHEINC.',
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LAND- SURVEYOR INC_ -
OORDERDO BOX '1 6
JAMESPORT NY 11947
13 2 5 2 711' 1:0 2 11,0 51, 6 L,0: 6 3 00000L, 011'
ciCeshin Technical Services, Inc.
1200 Veterans Memorial Hwy. Hauppauge . NY . 11788
631.348.7600 phone / 631.348.7601 fax
Melanie Doroski
Town of Southold
Town Hall Annex
PO Box 1179 March 24, 2017
Southold, NY 11971-0959 Project No: 17CTS.006
Invoice No: 317002C
Phase I Environmental Site Assessment for property located at 12500 County Road 48, Mattituck, NY
SCTM No. 1000-95.-1-11.2
Professional Services from March 20 2017 to April 3 2017
Fee 1,075.00
Total this Invoice $1,075.00
APR 14 2017
DEPT.OF LAND
PPESERVA110N __J
• 1 , 1 , , , , , ' ---- 1
TOWN OF SO UTHOLD -
VENDOR 003079 CASHIN ASSOCIATES, P.C. 04/25/20]-7 CHECK i 132058
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT'
CM .8660.2.600.100 308519 317002C PHASE 1 ESA-STEELE PRPT1f 1,075.00
TOTAL 1,075.00
ee
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Fidelity National Title Insurance Services, LLC
sell
' [ ] NYS GOOD FAITH ESTIMATE
24 Commerce Drive,Riverhead NY, 11901 [XI FINAL STATEMENT
PHONE:(631)727-0600•FAX: (631)727-0606
Title No: F17-7404-104242-SUFF Closing Date: 06/27/2017 Closer: Patricia L.Fallon
Applicant: Town of Southold Lender:
Purchaser: Town of Southold Lender Attorney:
Owner: David L. Steele Owner Attorney: Wickham,Bressler&Geasa,PC.
Premises: 12500 County Road 48 County: Suffolk
Mattituck
Mortgage Amount: $0.00
Fee Amount:$1,048,832.00
COMPANY CHARGES, Amount: Buyer/Borrower: Seller: Lender:
Fee Premium $4,687.00
Other Premium
Optional Market Value Rider
Escrow Service Charge
Recording service fee(2) WAIVED $100.00
Applicant to send new survey
Municipal Totals-See Attached $50.00
Endorsement Totals
Other Charges
Examination of Title
Total Company Charges:
RECORDING CHARGES
Conveyance Tax-Exempt
Mortgage Tax
Lender Tax
RPT Tax
CPF Tax-Exempt
( 1 )Easement/Cert Copy $535.00
( 1 )C&R/Cert Copy $405.00
( )Assignment of Mortgage
( )Consolidation Agreement
( 1 )Satisfaction of Mortgage $565.00
( 1 )UCC 3 $40.00
( )Satisfaction of Judgment
( )Agreement
Total Recording Charges:
ESCROW&EXCHANGES(ESCT)
Total Escrow Charges:
TOTAL CHARGES:
�1 � 1q .
F
TOWN OF SOUTHOLD
VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 06/20/2017 CHECK 132627
FUND & ACCOUNT P.O.$# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600 .100 17-264 7404-104242 STEELE-TITLE INS POLICY 4, 687.00
CM .8660.2. 600.100 17-264 7404-104242 STEELE(2)BANKRUPTCY SRCH 50.00 "7,
.I
CM .8660.2.600.100 17-264 7404-104242 STEELE-REC EASEMNT/CERT 535.00 fa
CM .8660.2.600.100 17-264 7404-104242 STEELE-RECORDING SERVICE 405.00
r<,
TOTAL 5,677.00
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TOWN OF SOUTHOLD
AUDIT t
t 06/-20/1,7 .'
53095 MAIN ROAD,PO BOX 1179 '
SOUTHOLD,NY11971.0959 CHECK'NO. -132627`
THE SUFFOLK CO.NATIONAL BANK „''
CUTCHOGUE,NY 11935 DATE 'AMOUNT, r�
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50-5461214 06/20/2017,
:FIVE. TiHOUSAND SIX HUNDRED 'SEVENTY-SEVEN AIM -00/100 DOLLARS =
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TOTItE 24 COMMERCE DRIVE o '
ORDER RIVERHEAD NY 11901.
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FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC
37078
RIVERHEAD OFFICE
UTC EXCHANGE x204 U
Title Number: 17-7404-104242- Refund excess recording fees-$261.25
County#/Branch#: 0674/1004 Town of Southold
Check No.: 37078
Date: 08/08/2017
Amount:$261.25
Property: 12500 County Road 48
Buyer: Town of Southold
Seller: David L. Steele
Ref No.:
Closing Date: 6/27/2017
LR7810C" To Reorder-Please Email orderse-accurateprmtpro,com PRINTED IN US A.
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FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC CAPITAL 37078
RIVERHEAD OFFICE 140 EAST MAIN STREET
UTC EXCHANGE#204 RIVERHEAD,NY 11901
631-727-6353
24 COMMERCE DRIVE 50-791/214
RIVERHEAD, NY 11901
Title No: 17-7404-104242- August 8,2017
* 261.25* t
TWO HUNDRED SIXTY-ONE AND 25/100*************** DATE AMOUNT
d'
N
i
PAY Town of Southold EXCHANGE ACC d� =VOI FTER 180 DAYS
TO THE TWO SIGNAT REQUIRED FGR WITHDRAWAL
ORDER
OF
1120 3 70 7811' 1:020,079121: 208 13 47010110
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TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 06/20/2017 CHECK 132626
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 17-264 7404-104242 STEELE-TITLE CLOSER FEE 150.00
TOTAL 150.00
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TOWN OF SOUTHOLD '
A
UDIT 06/20/17'
-; • , ' ''� 53095 MAIN,ROAD,PO BOX 1179 ' � ,
SOUTHOLD,NY11971.0959 _ - _ - _ - CHECK NO. 132626
THE SUFFOLK CO.NATIONAL BANK .d
CUTCHOGUE,NY 11935 DATE AMOUNT
50-546/214 - 06/2.0%201-7,r - ; 156.do
,
'ONE 'HUNDRED FIFTY AND 00/,100 DOLLARS'
PAY PATRICIA FALLON, c
TO THE 4'0 WRITE OAK,LANE
ORDEROF SOliTHAMPTON NY 11968
r
11' L32626ii' 1:0 2 140 54641: 63 000004 01i'
MELISSA A.SPIRO ®�OS�FFO`��OG OF Town Hall An exON:
LAND PRESERVATION COORDINATOR �.Z. .yam FI54375 State Route 25
melissa spiro@town.southold ny us t (corner of Main Rd&Youngs Ave)
la Southold,New York
Telephone(631)765-5711 V,
Facsimile(631)765-6640 Oy i �� MAILING ADDRESS:
www.southoldtownny.gov ®1 �►a® 79
Southold,NY 11971-0959
1
1171-0959
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: June 27, 2017
Re: STEELE to TOWN OF SOUTHOLD
Part of SCTM#1000-108.-2-7.1
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: 12500 County Road 48, Mattituck
SCTM#: part of 1000-108.-2-7.1
PROPERTY OWNER: David L. Steele &Sherry Steele
CONTRACT DATE: March 23, 2017
PURCHASE DATE: Closing took place on June 27, 2017
PURCHASE PRICE: $1,048,832.00 (based on 16.388 buildable acres @$64,000/acre)
EASEMENT ACREAGE: 16.388 acres
TOTAL PARCEL ACREAGE: 19 388 acres
EXCLUDED AREA ACREAGE: 3.0 acres in northeasterly corner
A Declaration of Covenants and Restrictions was recorded at the
closing prohibiting the subdivision of the 3.0 acre Excluded Area
from the area of the Property which is subject to the Grant of
Development Rights Easement.
ZONING: Agricultural-Conservation (A-C)Zoning District
FUNDING: Community Preservation Fund (2%)
SURVEY OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S C TAX No 1000-108-02-7 1
SCALE 1'•=50'
NOVEMBER 23, 2011
MRIL 20 1017 UPOVE SURVEY
6NG=e.a 538,p II
TOWN OF SOUMOLD
D6V10 L STEEL£
!I�[�Rtt x7�PON6L iiELC
MIDDLE ROAD (C R 48)
' }06 R=2,83279: _-L=17368' •.,..,:., N,69'29'15:E,�v. ���•
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•m„•, Nathan Taft Corwin III
Land Surveyor