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1I000:
SCTM #: 1000-108.-2-7.2
(f/k/a 1000-108.-2-p/o 7.1)
Premises: 12500 County Road 48
Hamlet: Mattituck
Purchase Price: $ 190489832.00
(16.388 buildable acres @
$64,000/buildable acre)
Funding: Community Preservation
Fund (2% land bank-)
CPF Project Plan: Yes
Total Parcel Acreage: 19.388 acres
Development Rights: 16.388 easement acres
Excluded Area: 3.0 acres (not included in
purchase price calculations)
Zoned: A-C (Agricultural-Conservation)
Existing Improvements: In April 2017 —
survey shows tree nursery business
& sign, concrete pad,well,
irrigation unit,fuel oil tank,wires
& utility poles, meandering farm
road
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LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, May 10, 2016 at 7.00 p m.
Town Hall Annex Executive Board Room
Members Present: John Sepenoski, Chairman
Sam McCullough Lillian Ball
Anne Murray Doris McGreevy
Members Absent: Eric Keil
Also present: Melissa Spiro, Land Preservation Coordinator
Melanie Doroski, Land Preservation Secretary
Bob Ghosio, Town Board Liaison
Tim Caufield, Peconic Land Trust Vice President
Holly Sanford, Peconic Land Trust Program Manager
Welcome:
• THE LPC MEMBERS WELCOMED DORIS McGREEVY as the newest member of the Land
Preservation Committee, having been appointed by the Southold Town Board (Resolution 2016-459
adopted May 3, 2016) to serve as a member of the Land Preservation Committee for a term to expire
on March 31, 2018.
Commencement:
• The meeting began 7:03 p.m. with five LPC members present.
EXCERPT FROM 5/10/2017 ADOPTED LPC MEETING MINUTES
Land Preservation Applications and Inquiries:
• SCTM#1000-108.-2-7.1 (STEELE)
PDR Application: Review new application
Land Preservation Coordinator Melissa Spiro presented new PDR application for the Steele property.
Landowners' are requesting a reserved area around the existing residential home and accessory
uses. Solar panels mounted on concrete slab, for residential use, will need to be included within the
reserved area.
MOTION made by Sam McCullough, seconded by Anne Murray, to direct Land Preservation
Coordinator Melissa Spiro to commission an appraisal of the Steele property (SCTM #1000-108.-2-
7.1) for the potential purchase of a farmland development rights easement.
Motion carried: 5/0
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STEELE Property
SCTM #1000-108.-2-7.1
12500 CR 48, Mattituck
Photos taken May 9, 2017
Concrete pad installed under water pump system as per recommendation of Cashin Technical Services
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PHASE J ASE I ® N NTAI
SITE ASSESSMENT
for the property located at:
12500 County Road 48
Mattituck, NY 119 52
SCTM #1000- 108-02--7. 1
prepared for:
Town of Southold
Department of Land Preservation
Town Hall Annex
54375 State Route 25
Southold, New York 11971 -0959
prepared by:
Cashin Tec lca �er�vices, Inc.
Engineering •Pl ni� C n n Management
1200 Veterans Memorial High ay, upp ge, w York 11788 - (631) 348-7600
APPJL 109 2017
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY LOCATED AT:
12500 COUNTY ROAD 48
MATTITUCK,NY 11952
SCTM#1000-108-02-7.1
PREPARED FOR:
TOWN OF SOUTHOLD
DEPARTMENT OF LAND PRESERVATION
TOWN HALL ANNEX
54375 STATE ROUTE 25
SOUTHOLD, NEW YORK 11971-0959
PREPARED BY:
CASHIN TECHNICAL SERVICES,INC.
1200 VETERANS MEMORIAL HIGHWAY
HAUPPAUGE, NEW YORK 11788
17CTS.006 APRIL 10,2017
Cashin Technical Services, Inc.
PHASE I ENVIRONMENTAL SITE ASSESSMENT
FOR THE PROPERTY LOCATED AT:
12500 COUNTY ROAD 48
MATTITUCK, NY 11952
SCTM#1000-108-02-7.1
EXECUTIVE SUMMARY
This report outlines the findings of a Phase I Environmental Site Assessment (ESA) conducted
by Cashin Technical Services, Inc. (CTS) for the subject property located at 12500 County Road
48, Mattituck, New York. The subject property is approximately 16.3 acres currently comprised
of a farmland. There is an unpaved access road around the perimeter of most of the subject
property. There is also a water pump system and well in the southeast corner of the subject
property with a I I0-gallon above ground storage tank (AST) containing diesel fuel. The property
is located on the south side of County Road 48, east of Elijah's Lane, and north of the Long
Island Railroad LIRR)tracks.No structures are present on the subject parcel. According to CTS'
historical research and the owner's statement, it appears that the subject property has historically
been used for agricultural purposes.
The field inspection was conducted on March 30, 2017 by an Environmental Professional from
CTS. CTS accessed the parcel from County Road 48, and an unpaved access road was used to
traverse the subject property. Site access was arranged through the property owner, Mr. David
Steele.
Based on the review of the available historical data for the past 55 years (section 2.5), the subject
property appears to have historically been used for agricultural purposes. It does not appear that
any structures or buildings were associated with the subject property.
Cashin Technical Services, Inc.
The site does not appear on any of the reviewed environmental databases. Locations within the
surrounding area that appeared in the reviewed databases are not concern regarding potential
contaminant migration and impacts to subject property conditions.
No Recognized Environmental Conditions (RECs) were identified by this assessment for
the subject property. The following Business Environmental Risk issue was found to be
associated with the subject site:
Recognized Environmental Conditions (RECs)
None Identified.
Historic Recognized Environmental Conditions
None identified.
Controlled Recognized Environmental Conditions (RECs)
None identified.
De Minimis Conditions
None identified.
Cashin Technical Services, Inc.
Business Environmental Risk Issues
Current and Historic Agricultural Use: Due to the historic/current agricultural use of the
subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and
fertilizers were used over a prolonged time period. Regional contamination of shallow
groundwater from pesticide use has been thoroughly documented for much of eastern Long
Island. Soil contamination has also been documented for lands under long-term agricultural use.
As this is a regional issue,there are no site-specific recommendations for the subject property.
Other Environmental Issues
Diesel Pump System: Due to the visible soil staining under the water pump system, CTS
recommends maintenance of the equipment, removal of affected soils, and installation of a
concrete slab under the pump system.
Cashin Technical Services, Inc.
Photograph#1 - Subject property
located at 12500 County Road 48.
moi.-..- .r ' �-}_nq Ji� i •�r.
Photograph#2-Subject property with
white PVC irrigation pipe.
Photograph#3—View of subject
property from County Road 48.
Photograph#4- Irrigation well and
water pump system in the southeast
corner of the subject property. Diesel
powered pump is under white cover.
Diesel tank is inside metal shed.
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Photograph#5—110 gallon diesel
fuel tank inside metal shed.
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Photograph#6—Visible soil staining
under diesel pump engine.
Photograph#7—Unpaved access
road on east side of subject property.
Photograph#8-Agricultural field on
subject property.
4 `{
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Photograph#9—Concrete and tree
f stump debris in wooded section
(southeast corner)of the subject
�.' property.
r
Photograph#10-Adjacent residential
-J and farm buildings to the east of the
subject property.
Opi
Photograph#11-Solar panels
associated with the residential/farm
buildings adjacent to the east of the
�.• subject property.
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l
Photograph#12-Agricultural field on
subject property.
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RESOLUTION 2017-216
ADOPTED DOC ID: 12804
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-216 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
FEBRUARY 28,2017:
RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, March 14, 2017, at 7:31 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by David L. Steele and Sherry R.-Steele.
Said property is identified as part of SCTM #1000-108.-2-7.1. The address is 12500 County
Road 48 in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning
District and is situated at the southeasterly corner of the intersection at County Road 48 and
Elijah's Lane in Mattituck, New York. The proposed acquisition is for a development rights
easement on a part of the property consisting of approximately 16.388 acres (subject to survey)
of the 19.388± acre parcel.
The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to
the Land Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $64,000 (sixty-four thousand dollars) per
buildable acre, or approximately $1,048,832.00 (one million forty-eight thousand eight hundred
thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be
adjusted at time of closing based on final survey acreage determination.
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
o
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
r t
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of
the Town of Southold hereby sets Tuesday, March 14, 2017, at 7:31 p.m., Southold Town
Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for
the purchase of a development rights easement on property owned by David L. Steele and
Sherry R. Steele. Said property is identified as part of SCTM #1000-108.-2-7.1. The address is
12500 County Road 48 in Mattituck. The property is located in the Agricultural-Conservation
(A-C) Zoning District and is situated at the southeasterly corner of the intersection at County
Road 48 and Elijah's Lane in Mattituck, New York. The proposed acquisition is for a
development rights easement on a part of the property consisting of approximately 16.388± acres
(subject to survey) of the 19.388± acre parcel.
The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to
the Land Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $64,000 (sixty-four thousand dollars) per
buildable acre, or approximately $1,048,832.00 (one million forty-eight thousand eight hundred
thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be
adjusted at time of closing based on final survey acreage determination.
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Dated: February 28, 2017 BY ORDER OF THE TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A.Neville
Southold Town Clerk
Please publish on March 9, 2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community
Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of
the Town of Southold hereby sets Tuesday, Alar-eh 14, '0''', March 21, 2017 at 7:31
p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for
a public hearing for the purchase of a development rights easement on property owned by
David L. Steele and Sherry R. Steele. Said property is identified as part of SCTM #1000-108.-
2-7.1. The address is 12500 County Road 48 in Mattituck. The property is located in the
Agricultural-Conservation (A-C) Zoning District and is situated at the southeasterly corner of the
intersection at County Road 48 and Elijah's Lane in Mattituck, New York. The proposed
acquisition is for a development rights easement on a part of the property consisting of
approximately 16388± acres (subject to survey) of the 19.388±acre parcel.
The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to
the Land Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds.,The purchase price is $64,000 (sixty-four thousand dollars) per,
buildable acre, or approximately $1,048,832'.00 (one million forty-eight thousand eight hundred
thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be
adjusted at time of closing based on final survey acreage determination.
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE`is'hereby given that a more detailed'description of the above'.mentioned
parcel of land is,on file'in Land"Preservation Department, _Southold Town Hall Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business'
hours.
Dated: February 28, 2017 BY ORDER OF THE.TOWN BOARD
OF THE TOWN OF SOUTHOLD
Elizabeth A.Neville
Southold Town Clerk
Please publish on March 9,2017 and forward one affidavit of publication to Elizabeth A.
Neville, Town Clerk, Town Hall, P O Box 1179, Southold,NY 11971.
Copies to:
The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website
SOUTHOLD TOWN BOARD
PUBLIC HEARING
March 21, 2017
7:31 PM
Present: Supervisor Scott Russell
Justice Louisa Evans
Councilman William Ruland
Councilwoman Jill Doherty
Councilman James Dinizio, Jr.
Councilman Bob Ghosio, Jr.
Town Clerk Elizabeth Neville
Town Attorney William Duffy
This hearing was opened at 7:58 PM
COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of
Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town
Code, the Town Board of the Town of Southold hereby sets Tuesday, March 1 ', 2017,
March 21, 2017 at 7:31 p.m., Southold Town Hall, 53095 Main Road, Southold,
New York as the time and place for a public hearing for the purchase of a development
rights easement on property owned by David L. Steele and Sherry R. Steele. Said property is
identified as part of SCTM #1000-108.-2-7.1. The address is 12500 County Road 48 in
Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is
situated at the southeasterly corner of the intersection at County Road 48 and Elijah's Lane in
Mattituck,New York. The proposed acquisition is for a development rights easement on a part of
the property consisting of approximately 16.388± acres (subject to survey) of the 19.388± acre
parcel.
The exact area of the proposed acquisition is subject to a Town-provided survey acceptable to
the Land Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $64,000 (sixty-four thousand dollars) per
buildable acre, or approximately $1,048,832.00 (one million forty-eight thousand eight hundred
thirty-two dollars) for the 16.388± acre easement, plus acquisition costs. Purchase price may be
adjusted at time of closing based on final survey acreage determination.
The property is listed on the Community Preservation Project Plan List of Eligible Parcels as
property that should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375
DRE Public Hearing, Steele
March 21, 2017 page 2
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
I do have here an affidavit that this was printed in the Suffolk Times and also an updated notice
changing the date from last week to this week. I do have a memorandum from the LWRP
coordinator, Mark Terry, that this proposed action is consistent with the policy standards and it is
consistent with the LWRP. And I have a legal notice and this was posted on the Town Clerk's
bulletin board. That is it.
SUPERVISOR RUSSELL: Would anyone like to address the Town Board on this? Melissa?
MELISSA SPIRO: Land Preservation Coordinator, Melissa Spiro. As noticed this public
hearing is for the town to acquire development rights easement for ag purposes on just over 16
acres. The farm is on the list of eligible parcels, it is going to be funded with CPF and the final
purchase price will be based on the surveyed acreage at $64,000 an acre. The farm shown
outlined in red up front. The Land Preservation Committee makes recommendations to the
Town Board regarding ag properties for preservation and the Committee had absolutely no
hesitation recommending the preservation of this farm. It contains over 90 percent prime ag
soils, it is adjacent to other preserved farms and it lines within a very large block of other
preserved active farms. I drew a mile radius from this property and within the mile radius there
is all or part of other protected farms that total over 1,000 acres. The landowners intend to
exclude an area about three acres including the existing house and barns from the sale of
development rights as designated, as you can see on the dotted white lines within the property
lines. The area will remain linked to the preserved farm in perpetuity. The exact area, excluded
area, will be determined when the property is surveyed. The preservation of the farm is
supported by the Land Preservation Committee and is recommended that the Town Board
proceed with the project as proposed. Thanks.
SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on
this particular local law?
COUNCILMAN RULAND: I think I would. As Melissa said, it's sometimes hard looking at a
map when you are trying to visualize what this entails but what you are really looking at in the
eastern part of Mattituck is a parcel that's in the prime agricultural region and coupled together
with the parcels around it within a mile, create and solidify a block of preserved land that is
really important to the community as a whole and especially that whole corridor along Route 48,
where it fronts on Route 48. On a personal note, I would like to thank Mr. and Mrs. Steele, who
are friends of mine, that they have seen fit to do this. it is strictly voluntary as everyone knows
and it is a huge commitment and the Town of Southold and it's Land Preservation programs and
goals are really better served for it.
DRE Public Hearing, Steele
March 21, 2017 page 3
SUPERVISOR RUSSELL: I would echo Councilman Ruland's appreciation of the Steele's, I
want to thank them very much. Anyone else? (No response).
This hearing was closed at 8:04 PM
Elizabeth A. Neville
Southold Town Clerk
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RESOLUTION 2017-264
ADOPTED DOC ID: 12856
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-264 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
MARCH 21, 2017:
WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by David
L. Steele and Sherry R. Steele on the 21St day of March, 2017, at which time all interested parties
were given the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM #1000-108.-2-7.1. The address is
125,00 County Road 48 in Mattituck. The property is located in the Agricultural-Conservation
(A-C) Zoning District and is situated at the southeasterly corner of the intersection at County
Road 48 and Elijah's Lane in Mattituck,New York; and
WHEREAS, the proposed acquisition is for a development rights easement on a part of,the
property consisting of approximately 16.388± acres (subject to survey) of the� 19.388± acre
parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the
Land Preservation Committee and the property owners; and
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $64,000 (sixty-four thousand dollars) per buildable acre, or approximately$1,048,832.00
(one million forty-eight thousand eight hundred thirty-two dollars) for the 16.388± .acre
easement, plus acquisition costs. Purchase price may be,adjusted.at time of closing based on final ,
survey acreage determination;and
WHEREAS, the property is listed on the Town's Community Preservation Project Plan List-of'
Eligible Parcels as property that should be preserved due to its agricultural value; and
WHEREAS, the purchase of the development rights on this property is in conformance with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; and,
Resolution 2017-264 Board Meeting of March 21, 2017
WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore, be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact
on the environment and declares a negative declaration pursuant to SEQRA Rules and
Regulations for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by David L. Steele and Sherry R.
Steele, identified as part of SCTM #1000-108.-2-7.1. The proposed action has been reviewed
pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and
the Town Board has determined that this action is consistent
consistent with the LWRP.
Elizabeth A. Neville
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
` MOVER: Louisa P. Evans, Justice
SECONDER:Robert Ghosio, Councilman
AYES:, Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell
Updated: 3/21/2017 3:54 PM by Lynda Rudder Page 2
OFFICE LOCATION: O�*QF S® yOlO MAILING ADDRESS:
Town Hall Annex h P.O. Box 1179
54375 State Route 25 Southold, NY 11971
icor. Main Rd. &Youngs Ave.)
� ® �� Telephone: 631 765-1938
Southold, NY 11971
Q Fax: 631 765-3136
�y�UUNTY,��
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
nQL�I�C��'L'(SL)
MEMORANDUM
MAR 10 2017
To: Town of Southold Town Board
DEPT.OF LAND
From: Mark Terry, LWRP Coordinator
PPESERVVI ION
Date: March 10, 2017
Re: Proposed Development Rights Purchase of Properties known as the David L. Steele and
Sherry R. Steele
SCTM #1000-108.-2-7.1.
This action involves the proposed purchase of a development rights easement on property
owned by David L. Steele and Sherry R. Steele. The property is identified as part of SCTM
#1000-108.-2-7.1 and located at 12500 County Road 48 in Mattituck. The zoning district is
Agricultural-Conservation (A-C).
The proposed acquisition is for a development rights easement on a part of the property
consisting of approximately 16.388±acres (subject to survey) of the 19.388± acre parcel.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to
this department as well as the records available to me, it is my recommendation that the
proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with
the LWRP.
Please contact me at (631) 765-1938 if you have any questions regarding the above
recommendation.
Cc: William Duffy, Town Attorney
Melissa Spiro, Land Preservation Coordinator
Short Environmental Assessment Form
Part I - Project Information
Instructions for Completing
Part I -Project information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding,are subject to public review,and may be subject to further verification.
Complete Part 1 based on information currently available If additional research or investigation would be needed to fully
respond to any item,please answer as thoroughly as possible based on current information.
Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful
to the lead agency;attach additional pages as necessary to supplement any item
Part I -Project and Sponsor Information
Name of Action or Project:
Town purchase of development rights from David L Steele and Sherry R Steele
Project Location(describe,and attach a location map):
12500 CR 48,Mattituck,Town of Southold P/O SCTM#1000-108-2-7.1
Brief Description of Proposed Action:
Town acquisition of a development rights easement for agricultural purposes on part of the property consisting of approximately 16388+/-
acres of the 19 388+/-acre property.
Name of Applicant or Sponsor: Telephone: (631)765-5711
Town of Southold E-Mail: melissa spiro@town southold.ny.us
Address:
Dept of Land Preservation,Town Hall Annex 54375 State Route 25 P.O.Box 1179
City/PO: State: Zip Code:
Southold NY 11971
1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES
If Yes, list agency(s)name and permit or approval: ❑✓ ❑
3.a.Total acreage of the site of the proposed action? 16.4 acres
b Total acreage to be physically disturbed? acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 19.4 acres
4. Check all land uses that occur on,adjoining and near the proposed action.
❑Urban ❑Rural(non-agriculture) ❑Industrial [:]Commercial 0 Residential(suburban)
❑Forest mAgriculture ❑Aquatic mOther(specify): LIRR_
❑Parkland
Page 1 of 3
5. Is the proposed action, NO YES N/A
a A permitted use under the zoning regulations9 ❑ ❑ ✓❑
b Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑
6 Is the proposed action consistent with the predominant character of the existing built or natural NO YES
landscape? ❑ ✓❑
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes, identify ❑✓ ❑
8 a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES
❑✓ ❑
b.Are public transportation service(s)available at or near the site of the proposed action? n ❑
c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? W1 ❑
9.Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water: - ❑
11.Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment: ❑
12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES
Places? ❑
Sg b. Is the proposed action located in an archeological sensitive area? a ❑
13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency? F/I ❑
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? a ❑
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply:
❑Shoreline ❑Forest m Agricultural/grasslands ❑Early mid-successional
❑ Wetland ❑Urban ❑Suburban
15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES
by the State or Federal government as threatened or endangered? W ❑
16.Is the project site located in the 100 year flood plain? NO YES
17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES
If Yes,
1:1a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES
b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)?
If Yes,briefly describe: ❑NO DYES
Page 2 of 3
18 Does the proposed action include construction or other activities that result in the impoundment of NO YES
water or other liquids(e.g ietention pond,waste lagoon,dam)9
r If Yes,explain purpose and size. ❑
El
19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES
solid waste management facility?
If Yes,describe. Z ❑
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES
completed) for hazardous waste?
If Yes,describe Fv/1 ❑
I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY
KNOWLEDGE
Applicant/sponsor a me�;gpirSouthol�Land eservation Coordinator Date: 3/1/2017
Signature:
PRINT FORM Page 3 of 3
Agency Use Only [Il applicable]
Project:
Date:
Short Environmental Assessment Form
Part 2 -Impact Assessment
Part 2 is to be completed by the Lead Agency.
Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by
the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by
the concept"Have my responses been reasonable considering the scale and context of the proposed action?"
No,or Moderate
small to large
impact impact
may may
occur occur
1. Will the proposed action create a material conflict with an adopted land use plan or zoning Elregulations.
2. Will the proposed action result in a change in the use or intensity of use of land? a El
3. Will the proposed action impair the character or quality of the existing community? El
4. Will the proposed action have an impact on the environmental characteristics that caused the a
establishment of a Critical Environmental Area(CEA)?
5. Will the proposed action result in an adverse change in the existing level of traffic or a
affect existing infrastructure for mass transit,biking or walkway?
6. Will the proposed action cause an increase in the use of energy and it fails to incorporate
reasonably available energy conservation or renewable energy opportunities?
7. Will the proposed action impact existing:
a.public/private water supplies? Z El
b. public/private wastewater treatment utilities? ❑✓
8. Will the proposed action impair the character or quality of important historic,archaeological,
architectural or aesthetic resources? El
9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, a a
waterbodies,groundwater,air quality,flora and fauna).
10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage
problems?
11. Will the proposed action create a hazard to environmental resources or human health? El
PRINT FORM Page 1 of 2
a
Agency Use Only[If applicable]
Project:
Date:
Short Environmental Assessment Form
Part 3 Determination of Significance
For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a
particular element of the proposed action may or will not result in a significant adverse environmental impact,please
complete Part 3 Pait 3 should,in sufficient detail,identify the impact, including any measures or design elements that
have been included by the project sponsor to avoid or reduce impacts Part 3 should also explain how the lead agency
determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting,
probability of occurring,duration,irreversibility,geographic scope and magnitude. Also considei the potential for short-
term, long-tenn and cumulative impacts.
F]
Check this box if you have determined,based on the information and analysis above,and any supporting documentation,
that the proposed action may result in one or more potentially large or significant adverse impacts and an
environmental impact statement is required.
Check this box if you have detem-iined,based on the information and analysis above,and any supporting documentation,
that the proposed action will not result in any significant adverse environmental impacts
Southold Town
Name of Lead Agency Date
Scott A. Russell Town Supervisor
Print or Type N• e of Res onsible Officer in Lead Agency �4aioe'r
Responsible Officer
Sign ure of Responsible Officer in Lead Agency Signature (if different from Responsible Officer)
PRINT FORM Page 2 of 2
c
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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
(6/20/2017)
Expenses of Closing:
Appraisal
Payable to Lawrence Indimine Consulting Corp. $ 2,500.00
(9/6/2016)
Survey
Payable to Nathan Taft Corwin III Land Surveyor $ 1,700.00
(6/6/2017)
Environmental Report (Phase I ESA)
Payable to Cashin Associates, P.C. $ 1,075.00
���`' (4/25/2017)
Title Report
Payable to Fidelity National Title $ 5,677.00
(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 (8/8/2017) $ 5415.75
Title Closer Attendance Fee
Payable to Patricia Fallon $ 150.00
(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
Lawrence Indimine Consulting Corp. Invoice
PO Box 1453
Date Invoice#
Smithtown,NY 11787
` (631) 979-2735
8/18/2016 799
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
RECOVEU
AUG 19 2016
DEPT.OF LAND
°RESERVATION
fhank you for your business.
Total $2,500.00
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
if ItLGE"1011,
JUN - 2 2017
DEPT.OF LAND Total $1,700.00
unvwn N
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
Caahin 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
111115 C E W E 001
APR 14 2017
DEPT.OF LAND
FRES RV TIO
t
Fidelity /National Title Insurance Services, LLC
[ ] NYS GOOD FAITH ESTIMATE
24 Commerce Drive,Riverhead NY, 11901 [X] 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:
ZECORDING 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 $$40.00
.00
( 1 )UCC 3 $40
( )Satisfaction of Judgment
( )Agreement
Total Recording Charges:
ESCROW.&EXCHANGES-(ESCT)
Total Escrow Charges:
TOTAL CHARGES:
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111111 I I I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT 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:
1-900 108 . 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
E2,
fijDITi 1-1,
document will be public
10
ord. Please remove a
6cial Security Numbers
prior to recording. I.
Deed/Mortgage Tax Stamp RecoFding Filing Stamps
Deed/Mortgage Instrument
3 FEES
Mortgage Amt
Page I Filing Fee 11-5 -- 1. Basic Tax
Handling 20. 00 2 Additional Tax
TSub Total
P-584
Spec/Assn.
Notation or
EA-52 17 (County) Sub Total Spec./Add.
TOT.MTG.TAX
EA-5217(State) Dual To;Nn—Dual County—
R.P.T S.A. Held for Appointment—
tD
5. 00 ' Transfer Tax A4
Comm.of Ed. 00.
+ Mansion Tax
Affidavit The property covered by this mortgage is
-certilied Copy -15 or will be improved by a one or two
family dwelling only.
NYS Surcharge 15. 00 Sub Total Z-Z/ YES— or NO
Other — Grand Total 312 F4S" If NO,see appropriate tax clause on
page#_of this instrument.
Ct 2't
oo7002 5 Community Preservation Fund
VOM65 1000 10800 0200
Real Property P T is EConnsideraEtion Community
$
CPF Tax e
Tax Service
Du $ e�F-AIIP'
`�30--J N-1'7'
Agency �U
Verification Improved
—
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address- Vacant Land iZ'
RECORD &RETURN TO:
TD 1006
TD
6). 'Fox 9 98 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
Y 11901
310 Center Drive,-,, Riverhead, NY 11901 Co Name Ar4TU'V;qt F'716
www.suffolkcountyny.gov/clerk Title ff rl 7-7,110-V-M
81 Suffolk Count Recordin & Endorsement Page
This page forms part of the attached jI S made by:
(SPECIFY TYPE OF INSTRUMENT)
L Sz
aLrA The premises herein is situated in
SfJ� ey S7 ELS SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S"
7',nujA_, or In the VILLAGE
or HAMLET of M,-9 7-7-7 71,(O�
----BbxES--6-7MU.8-MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(over
12-0104-10,08kk
�1
GRANT OF DEVELOPMENT RIGHTS EASEMENT
F 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
a
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, .p
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:
2
June 12, 2017
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
3
June 12, 2017
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
I L
1
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
4
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.
5
June 12, 2017
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.
6
June 12, 2017
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 s
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
7
June 12, 2017
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 b
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.
8
June 12, 2017
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 ° likely
cetwaterscause
shall be prohibited.
ted dation r
erosion or pollution of any surface orubsu
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 wiohdinsound
oilrerosion ion thegProperty.
ement
practices and in order to control flooding or
S
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
maydevebe provided
in Section 4.06, and the parties agree that any other
ent
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.
9
June 12, 2017
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,
10
June 12, 2017
livestock and livestock products as defined in §301(2)(a)-(j) of the
1 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.
11
June 12, 2017
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
l
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and 3
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.
12
June 12, 2017
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.
13
June 12, 2017
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,
14
June 12, 2017
(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.
15
June 12, 2017
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
Jurie 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:
I
By:
DAVID L. STEELE, Grantor
By:
SH RRA' ST , Grantor
ACKNOWLEDGED AND ACCEPTED:
-Y
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 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
19
June 12, 2017
individual(s), or the person upon behalf of which the individuals) acted, executed the
instrument.
u �---
Signatur%ffice of individual taking acknowledgement
-�-r%c(-\ L• Fa 11 v'i
PATRICIA L. FALLON
I Notary Public, State Of New York
STATE OF NEW YORK) No. 01FA4950f 46
Qualified In Suffolk Cour
COUNTY OF SUFFOLK), SS. Commission Expires April 24, 0V
On the �'1 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(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
�%Voc.ta, L. -Falcen
PATRICIA L. FALLON
j Notary Public, State Of NowYorl; y
STATE OF NEW YORKNo. 01 FA4950146
Qualified In Suffolk Couly ,
COUNTY OF SUFFOLK ) SS: Commission Expires April 24, °�Iqj g
On this a 7 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
P&A-rl Lt 1�74 1.• f6t L lCx/1
PATRICIA L. FALLON
Notary Public, Stato Of Ne,.,VYork
No. 01 FA4950146
Qualified In Suffolk Cour4f
Commission Expires April 24, 1
20
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Fidelity National Title Insurance Company
TTTLE NO.F17-7404-104242-SUFF
SCHEDULE A-1 (Description)
AMENDED 05/30/17
DEVELOPMENT RIGHTS EASEMENT(TO BE INSURED)
ALL that ceitain 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: L
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 pouit;
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 3.0 minutes 45 seconds East, 403.00 feet to Iand now or formerly of 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)Noith 40 degrees 25 minutes 00 seconds West, 12.40 feet,
3)�South_45 degrees 44 minutes 00 seconds West 579.72 feet to
-,'lr:- the point or place of BEGINNING,
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SURVEY OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
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I I I I I I I I I I I I I I I I I I I I I
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: 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:
"00 108 . 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 $290. 00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
11 R74
LE
1,' I'-X:
L
P I I_..a
ocument will be public
.d. Please remove all
Aal Security Numbers
.ior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps
3 FEES
Page/Filing Fee /) Mortgage Amt
1. Basic Tax _
Handling 20 00 2. Additional Tax _
TP-584 Sub Total
Notation Spec JAssit.
or
EA-52 17(County) Sub Total 610— Spec./Add.
EA-5217 (State) TOT.MTG.TAX
R.P.T.S A. Dual Town Dual County_
Rs® 49 Held for Appointment
Comm.of Ed 5. 00 Transfer Tax
LAffidavit �(Y;.,o, �.�� Mansion Tax
The property covered by this mortgage is
Cop /G O G or will be improved by a one or two
NYS Surcharge 15. 00 Z 3G family dwelling only.
Sub Total YES or NO
Other _
Grand Total 2 G LSI If NO,see appropriate tax clause on
page# of this instrument,
4 1 Dist./ 3426291 1000 10800 0200 007002 'd01 5 Community Preservation Fund
Tax Servi(ropej PTS Ii��i��1IIIliI�lII�6Ii�lIl1l��IiI�I�III�lI�dl Consideration Amount$
Tax Servic R CN1H A J II
I
Agency 30-JUN / CPF Tax Due $
Venficatic
V` Improved
6 Satisfactions/Dischaiges/Releases List Property Owners Mailing Address
RECORD &RETURN TO: Vacant Land
Me
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Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co Name FibeLb" k4-7-71im 7j7
ce
www.suffolkcountyny.gov/clerk Title# Fi7-7,fo11-/a,2,�4a-fug/=
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached AbZ/-y)f/4-770N OF 1,-Nd sreicT/a (s made by:
(SPECIFY TYPE OF INSTRUMENT)
7-• SrgF� �N/� The premises herein is situated in
SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of S6UTA10,a
To[yN o� S6ur7an�a In the VILLAGE
or HAMLET of P2,,A7.71Tuac
BOXES 6'THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING
(over) _
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of the day 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 cf, 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
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.
e
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.
4� See
IN WITNESS WHEREOF,the DECLARANT above named has duly executed the
foregoing Declaration the day and year first above written.
David L. S ele
Sherry Steele
l
l
STATE OF NEW YORK)
) ss.:
COUNTY OF SUFFOLK)
On the c� 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.
Notary Public
PATRICIA L. FALLON
STATE OF NEW YORK) Notary Public, State Of New York
No. 01 r A4,950146
ss.: Oualified in "zst;:i County
COUNTY OF SUFFOLK) Commission Exj)i, s April 24, )"j1
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
j evidence to be the individual whose name is subscribed to the within instrument and ,
-T 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 t
instrument, and that such individual made such appearance before the undersigned.
Notary Public L". 6-cllcor,
NotarPATRICIAb aState Of New York
No. 01 FA4950146
Qualified in Suffolk County
Commission Expir®s April 24, j,a f
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 Bast, 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 under this comn:ittnent 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 party of the first part, of'in and to the land lying
in the street in front of and adjoining said premises.
SCHEDULF,A-1 (Description)
Rev.(03/04)
Fidelity rational Title Insurance Company
TITLE NO.F17-7404-104242-SUFF
SCHEDULE A-1 (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;
i 4)North 49 degrees 29 minutes 15 seconds East,208.63 feet to the point or place of beginning; 3
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 ander this conunitrnent 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
SCHEDU1,EA-1(Description)
Rev (03/04)
Fidelity National 'Witte Insurance Company
TITLE NO. F17-7404-104242-SUFF
SCIEIEDULE 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: t
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 irrrprovements 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.
SCHEDULEA-1(Description)
Rev.(03/04)
t
SURVEY OF PROPERTY
SITUATE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK '
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SCALE 1"=50'
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0 Fidelity National Title Insurance Company
-,DLICY 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.
1 Title being vested other than as stated in Schedule A
2 Any defect in or lien or encumbrance on the Title This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(t) forgery,fraud, undue influence,duress, incompetency, incapacity,or impersonation,
(li) failure of any person or Entity to have authorized a transfer or conveyance,
(iii) a document affecting Title not properly created, executed, witnessed,sealed,acknowledged, notarized,or delivered,
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law;
(v) a document executed under a falsified,expired, or otherwise invalid power of attorney;
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means
authorized by law, or
(vii) a defective judicial or administrative proceeding
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid
(c) Any encroachment,encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and
complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto
adjoining land,and encroachments onto the Land of existing improvements located on adjoining land
3. Unmarketable Title.
4. No right of access to and from the Land
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zonrng)
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 aludgment 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
�In�1surance Company
BY
tRIE'''�G /
Po rF President
SEAL €
ATTEST
J �
Countersigned: $eCe1ary
Authorized Signatory
-;° ALTA Owner's Poli6y(6117/06)w/New York coverage'Endoisemerit Appended `
2730632(5L07)_- r: _ - -•: _. - _._ -_ _
Fidelity National Title Insurance Company
M 1 1
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.
Schedule A Otiiier'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;
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) - -
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.:F17-7404-104242-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.
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
til , ,
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:
"ll. 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.
_'HIS 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 ROW]
t[LE I
PO 4
rtr� Pr—dent
EAL
7� a ATTEST
v �
Secretary
STANDARD NEW YORK ENDORSEMENT(7-01-12)
FOR USE WITH ALTA LOAN POLICY(6-17-06) JL
Fidelity National Title Insurance Company
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.
"ountersigned: Fidelity National Title Insurance Company
BY
�tSLE i,�,L
�,f P
F 4t
President
SEALg
ATTEST
BY: Secretary
TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016)
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded trom the coverage of this policy, and the Company will not N"y loss 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 building and zoning)restricting,regulating,prohibiting,or relating to
(i) the occupancy,use,or enjoyment of the Land,
(ii) the character,dimensions or location of any improvement erected on the Land,
i (iii) the subdivision of land,or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances,or governmental regulations This Exclusion I(a)does not modify or limit the coverage provided under
Covered Risk 5
(b) Any governmental police power This Exclusion I(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
aistinguished from purchase, including heirs, devisees, survivors, personal any litigation as set forth in Section 5(a) of these Conditions, (ii) in case
epresentatives,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
'olicy 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
eal 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 in 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
n-n.
th'e`1 itle fo`be rel'ea`sed"from the obligation to purchase,lease,or.lend,iLthere_,_, „6..;ADUTY-OF INSURED CLAIMANT TO COOPERATE
erage Endorsement App6ndedr
2730632(5%07j ALTA Owner's Policy(6117/06)w/New York cov `=-
'
(a) In all cases where this policy permti_ r requires the Company to wili also pay those is,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,
,notion, 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,
ompany,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
asonable 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 (it) 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 furnish 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
?dditional 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 I 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
(it) 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(it),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
(t) the Amount of Insurance,or the Company is the entire policy and contract between the Insured and the
(it) the difference between the value of the Title as insured and the Company. In interpreting any provision of this policy, this policy shall be
slue 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
(i) the Amount of Insurance shall be increased by 10%,and (c) Any amendment of or endorsement to this policy must be in writing
(ti) 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 liabili- under o)_Anid(b),,tlie Cornpan_ :=-this policy and issubject-toall of its terms and provisions. Except-as-the
`" "773nR374r57o71r`" �W - ALTA Owner's-Policy(6/17/06)w/New York coverage Endorsement
Appended-_ -v
endorsement expressly states, it does not (i) defy any of the terms and
provisions of the policy, (ii) modify any prior endorsement, (iii) 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
ivalid or unenforceable under applicable law,the policy shall be deemed not
I 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.0.
Box 45023,Jacksonville,Florida 32232-5023
"-'i' s• ""' !=" .'' — - ~`ALTA,-Owner's Polic 6/17!06)w/New York coverage-Endorsement Appended
2730632(5107jr-, - _ _- - _ Y(
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WAIVER
NYS DEPARTMENT OF AGRICULTURE AND MARKETS
The undersigned, owner of r /1.3 acres of active farmland and/or=acres of non-
farmland, situated at Suffolk County Tax Map No. 1000-108-2-007.001 that is proposed to be
acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section
305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require
the Town of Southold to file with the Commissioner of Agriculture and Markets and the County
Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in
accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law.
Pro'ect Sponsor Landowner
TOWN OF SOUTHOLD
SCOTT A. RUSS LL, Supervisor David L. Steele
53095 Route 25
P.O. Box 1179
Southold, NY 11971-0959 /
(631) 765-1889 Sh7'rry Stet
STATE OF NEW YORK )
)ss:
COUNTY OF SUFFOLK )
On the IL day of June, 2017, before me personally appeared SCOTT A. RUSSELL,
personally known to me or provided 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 as Supervisor of the TOWN OF SOUTHOLD; that he knows
the seal of said municipal corporation; that the seal affixed to said instrument is such corporate
seal; and that by his signature on the instrument, the individual, or the municipal corporation
upon behalf of which the individual acted, executed the instrument and affixed the seal thereto
by like order.
Notary Public --
ATRICIA L.FAI.PDN
Notag,Public, State Of Now York
No. Ri FA4950146
Ou iffiest In Suffolk Cou
Commission.ExoIres April &W9 -- _ ,-
STATE OF NEW YORK)
SS..
COUNTY OF SUFFOLK)
On the 7 day of June in the year 2017 before me, the undersigned, personally appeared
David L. Steele and Sherry Steele, personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals whose names are subscribed to the within instrument
and acknowledged to me that they executed the same in their capacity, and that by their
signaturE on the instrument, the individuals, or the person upon behalf of which the individuals
acted, executed the instrument, and that such individuals made such appearance before the
undersigned.
Notary Public
ALLON
Notary Publics IA State Of Now York
No. 01 FA4960146
Qualified in uuffoik count
Commission Expires April 24® oZO/7
2
NEWYORK -!culture
STATE Of
OPPORTUNITY. and Markets
ANDREVV M. CUOMO =HARD A. BALL
Governor Commissioner
August 4, 2017
Melissa Spiro
Department of Land Preservation
Town of Southold
PO Box 1179
Southo d, NY 11971-0959
RE: Waiver—Town of Southold, Suffolk County—Acquisition of an Interest in Land
Dear Ms. Spiro:
The Department has reviewed documentation submitted by The Town of Southold to
waive tie Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets
Law in connection with the acquisition of an interest in land within Suffolk County Agricultural
District No. 1. The documentation includes a waiver signed by David L. Steele and Sherry
Steele or approximately 19.388 acres of active farmland (Tax Parcel ID # 1000-108-2-007.001)
- located in the Town of Southold.
he above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section
371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of
subdivision (4) are deemed waived for acquisition of an interest land on the referenced parcel
by the Town of Southold. Should the project encompass other parcels of more than one acre
from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions
could still apply to those parcels.
.You are reminded that waiving the filing requirements in paragraphs (b) and (c) of
subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all
practicable means in undertaking a proposed action to minimize or avoid adverse impacts on
agriculture within agricultural districts. If you have any questions, please feel free to contact me.
Sincerely,
ROBERT SOMERS, Ph.D.
Manager, Agricultural Protection Unit
cc: Ken Schmitt, Chair, Suffolk County AFPB rro)I Ir,,fc
File No.: AP 17/042-W In
AUG - 7 2017
DEFT.OF LAND
^R�CGf���Flliiir
Div sion of Land and Water Resources 1 10B Airline Dr.Albany,N Y., 122351518-457-8387 1 www.agriculture.ny.gov
OFFICE LOCATION:
MELISSA A. SPIRO ��OF so Town Town Hall Annex
LAND PRESERVATION COORDINATOR �® �� 54375 State Route 25
melissa.spiro@ own.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone 631)765-5711
Facsimile 631)765-6640 0 ® aQ MAILING ADDRESS:
'00M, P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
July 28,2017
Robert Somers,Ph.D.
Manager,Agricultural Protection Unit
NYS Department of Agriculture and Markets
1013 Airline Drive
Alba y,NY 12235
Re: STEELE to TOWN OF SOUTHOLD
SCTM#1000-108.-2-7.2
Dear Mr. Somers:
Enclosed please find the"`Waiver—NYS Department of Agriculture and Markets"that was executed by
Southold Town Supervisor Scott A.Russell and David L.&Sherry Steele at a closing held on June 27,
2017 for a development rights easement on farmland identified as part of SCTM#1000-108.-2-7.1.Details
regarding this easement are as follows:
GRANTORS: David L. Steele and Sherry Steele
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: July 26,2017
LIBER: D00012922
PAGE: 053
LOCATION: 12500 County Road 48,Mattituck
EASEMENT ACREAGE: 16.388 acres
SUFFOLK CO TAX MAP#: fka 1000-108.00-02.00-p/o 007.001
nka 1000-108.00-02.00-007.002
Pleas provide me with a written acknowledgment of your receipt of the waiver at your earliest
opportunity. Thank you.
Sincerely,
Melissa Spiro
Land Preservation Coordinator
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DIVISION OF LANDS AND FORESTS
New York State Department of Environmental Conservation
625 Bioadway,5th Floor,Albany,NY 12233-4250
P (518)402-94051 F:(518)402-90281 landsforestswMec.ny.gov
www.dec.ny.gov
September 29, 2017
Melissa Spiro
Land Preservation Coordinator
Town of Southold
PO Box 1179
Southold, NY 11971-0959
Dear Ms. Spiro,
We have received in our office the following conservation easement:
CE Suffolk 639
Grantor: David L. and Sherry Steele
Deed: D00012922 Page 53
Filed: 7/26/2017
The conservation easement cited above has been identified for our indexing and filing ,
purposes. This number may be needed for the landowner to claim a conservation
easement tax credit. Please be sure the landowner is aware of the instructions CT242i
paragraph under definitions starting with "Note."
When contacting this office about this parcel, please use the assigned identifier.
Very truly yours,
Nancy J. Stock
Real Estate Specialist 2
Bureau of Real Property -
�EC E
SEP 2 9 2017
DEPT.OF LAND {
PRESERVATION
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PItYVYORKDepartment of
oTwcaiuxirr Environmental
Conservation
OFFICE LOCATION:
MELISSA A. SPIRO Town Hall Annex
�pE So(/r
LAND PRESERVATION COORDINATOR ��� Ol0 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711
Facsimile(631)765-6640 �Q MAILING ADDRESS:
�'ou► ,� P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
September 29, 2017
David L. & Sherry Steele
107 Elijah's Lane
Mattituck,NY 11952
Re: NYSDEC Conservation Easements Registry
CE: Suffolk 639
SCTM#1000-108.-2-7.2
Dear Mr. &Mrs. Steele:
Please be advised that the Town's purchase of a development rights easement on your
parcel referenced above has been officially registered with the New York State
Department of Environmental Conservation. Enclosed is a copy of the information we
received from NYSDEC with this property's assigned identifier along with a copy of the
recorded Grant of Development Rights Easement. You will very likely need to provide
this control number to the Department of Taxation and Finance if you are eligible to
claim a tax credit for the sale of the easement to the Town of Southold.
Very truly yours,
U�Vvkk
Melanie Doxoski )
Sr. Administrative Assistant
encs.
OFFICE LOCATION:
MELISSA A. S PIRG ��,pf SOUjyo Town Hall Annex
LAND PRESERVATION COORDINATOR hO l0 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711
Facsimile(631)765-6640 �l 0 YQ MAILING ADDRESS:
�MUNTY,�� P.O. Box 1179
Southold, NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
VIA electronic mail
nancy.stock@dec.ny.gov
July 28,2017
NYSDEC
Bureau of Real Property
625 Broadway, 51 Floor
Albany,NY 12233-4256
Attention: Nancy Stock,Real Estate Specialist 2
Bureau of Real Property
Re: Conservation Easements Registry
STEELE to TOWN OF SOUTHOLD
Dear Ms. Stock:
Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located
within the Town of Southold to be registered with the New York State Department of Environmental
Conservation.Details regarding this easement are as follows:
GRANTORS: David L. Steele and Sherry Steele
GRANTEE: Town of Southold
SUFFOLK CO RECORDING DATE: 7/26/2017
LIBER: D00012922
PAGE: 053
LOCATION: 12500 County Road 48,Mattituck
EASEMENT ACREAGE: 16.388 acres
SUFFOLK CO TAX MAP#: part of 1000-108.00-02.00-007.001
n/k/a 1000-108.00-02.00-007.002
Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number
assigned to this easement.
Sincerely,
Melissa Spiro
t�M Land Preservation Coordinator
enc.
cc: David L.&Sherry Steele
107 Elijah's Lane
Mattituck,NY 11952
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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
from left to right:
Supervisor Scott A. Russell
Sherry Steele
David L.Steele
7W
FIC
MELISSA A.SPIRO �Si�FFo(�C OF Town Hallll Annex
LAND PRESERVATION COORDINATOR �.Z.®�' �G.d.�
54375 State Route 25
" melissa spiro@town southold.ny usC .G (comer of Main Rd&Youngs Ave)
co Southold,New York
Telephone(631)765-5711 Uv
Facsimile(631)765-6640 ® MAILING ADDRESS:
www.southoldtownny.gov y�®,� � P O Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: June 27, 2017
Re: STEELE to TOWN OF SOUTHOLD
Part of SCTM#1000-108.-2-7.1
Development Rights Easement
F 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
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WWW.SUFFOLKTiMES.COM NEWS & INFORMATION FOR THE NORTH FORK THURSDAY,JULY 20, 2017 $1.50
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SASCFlA ROSIN PHOTO
All in a day's work
A typical July day for Dave Steele begins with irrigating hay and potatoes on his Mattituck farm.By noon he's cutting and tending hay and after lunch it's time to
bale the hay and bring it into.the barn.Read more about Mr.Steele on page 4 in the first installment of a multimedia project titled'The Work We Do:a series of
,� first-person profiles of workers of the North Fork.
4 1 JULY.20, 2017 1 SUFFOLKTIMES.COM
THE WORK WE D4 A feature
about locals on the job
DAVE STEELE I MATTITUCK FARMER
BY DAVE STEELE AS TOLD TO SASCHA ROSIN them up in fives and 10s,which they
take in to the NewYork City and Phila-
My name is Dave Steele and I run delphia markets.
a potato and hay operation in Matti- My favorite part is really just getting
tuck. I've been working out here my the work done and meeting some nice �g
whole life,since I was 12 years old,on people.In the hay business,we get to
the fano. meet our customers.We deliver our
I went to Mattituck High School own hay.It's all local.We have a lot of
and graduated in 1976. I joined the good customers, nice people.We've
Air Force, spent a lit- been selling them hay for
tle time there and then See the years.
farmed and was a member A typical day in July is to _
of the Air National Guard video at get up and start irrigating
in Westhampton for 26 SuffolkTimesxom the hay and potatoes.To-
years.We have some fam- wards noontime we start .
ily working here,but everyone is like cutting and tending hay.After lunch
family.But everyone's had enough of we start baling it and bringing it to
me by the end of the day and they go the barn.At the same time, we're ir-
home. rigating everything. We have about A
In the spring, around April, we 300 acres of farmland, all within a
plant potatoes, then we cultivate mile of the barn here.
them and spray them and irrigate We get up around 3,and ger offwhen
them all year, and we start digging were done.Sometimes were shutting
them in September.They hav starts pipes off until 7.8.9 at night,but the
at the end of May and goes through guys are done usually around 6.
October and is cut three times.
I worked my way into the business. 'Tire H irk 6Iie Do'is a Suffolk Times
I worked for [John C.] Tuthill since I nuzltinzedia project profiling workers
was 12,and then he passed away and on the North Fork.Read it first every
I bought in.I sell my potatoes to Shu- 1lozzdm,on Instagranz CDthesuffolk-
man Produce in Cutchogue. I bring times. Then watch the video on
them down in trucks and they bag facebook.com/thesuffolktimes. Dave Steele walks through his barn in Mattituck,where hay is stored. sASCHA ROSIN PHOTO
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SURVEY OF PROPERTY
SI T UA TE
MATTITUCK
TOWN OF SOUTHOLD
SUFFOLK COUNTY, NEW YORK
S.C. TAX No. 1000- 108-02-7. 1
SCALE 1 "=50'
NOVEMBER 23, 2011
APRIL 20, 2017 UPDATE SURVEY
174 FNAL
�U T AREA = 844,538 ft.
19.388 cc.
CERTIFIED TO:
TOWN OF SOUTHOLD
DAVID L. STEELE
SHERRY STEELE
FIDELITY NATIONAL TITLE
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JUN - 2 2017
DEPT.OF LAND
PREPARED IN ACCORDANCE WITH THE MINIMUM
STANDARDS FOR TITLE SURVEYS AS ESTABLISHED
BY THE L.I.A.L.S. AND APPROVED AND ADOPTED
FOR SUCH USE BY THE NEW YORK STATE LAND
TITLE ASSOCIATI N
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A % N.Y.S. Lic. No. 50467
UNAUTHORIZED ALTERATION OR ADDITION Nathan Taft Corwin l l l
TO THIS SURVEY IS A VIOLATION OF
SECTION 7209 OF THE NEW YORK STATE
EDUCATION LAW. Land Surveyor
COPIES OF THIS SURVEY MAP NOT BEARING
THE LAND SURVEYOR'S INKED SEAL OR
EMBOSSED SEAL SHALL NOT BE CONSIDERED
TO BE A VALID TRUE COPY.
CERTIFICATIONS INDICATED HEREON SHALL RUN Successor To: Stanley J. Isoksen, Jr. L.S.
ONLY TO THE PERSON FOR WHOM THE SURVEY Joseph A. Ingegno L.S.
IS PREPARED, AND ON HIS BEHALF TO THE
TITLE COMPANY, GOVERNMENTAL AGENCY AND Title Surveys — Subdivisions — Site Plans — Construction Layout
LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI— PHONE (631)727-2090 FOX (631)727-1727
TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE.
THE EXISTENCE OF RIGHT OF WAYS OFFICES LOCATED AT MAILING ADDRESS
AND/OR EASEMENTS OF RECORD, IF 1586 Main Road P.O. Box 16
ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947
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