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OFFICE LOCATION: MELISSA A. SPIRO AUT so�Py Town Hall Annex LAND PRESERVATION COORDINATOR �0� OCG 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Telephone(631)765-5711 G Q Southold, New York Facsimile(631)765-6640 MAILING ADDRESS. P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Elizabeth A. Neville RECEIVED Town Clerk From: Melanie Doroski OCT - 4 2017 Sr. Administrative Assistant Southold Town Clerk Date: October 4, 2017 Re: ZEBROSKI to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-69.-1-8.2 JBetty: Enclosed for safekeeping in your office, please find the following documents: • Original Grant of Development Rights,dated August 3, 2017, between William Zebroski, Jr. and the Town of Southold, recorded in the Suffolk County Clerk's office on 8/30/2017, in Liber D00012927, at Page 629 • Original Declaration of Covenants and Restrictions dated August 3, 2017 by William Zebroski, Jr., recorded in the Suffolk County Clerk's office on 8/30/2017, in Liber D00012927, Page 630 • Title insurance policy #NY-FRVH-SAM-2730632-1-17-104816 issued by Fidelity National Title Insurance Company on 8/30/2017 in the insured amount of $971,360.00 (title no. F17-7404-104816-SUFF) • Closing Statement • Closing Information Memo dated 8/3/2017 Thank you. Melanie encs. cc: Assessors w/ copy of recorded easement, C&R's, and final survey I II VIII IIII VIII VIII VIII II III II III VIII(IIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/30/2017 Number of Pages : 23 At: 04 :04 :23 PM Receipt Number : 17-0150808 TRANSFER TAX NUMBER: 17-04044 LIBER: D00012927 PAGE : 629 District: Section: Block: Lot: 1000 069. 00 01 . 00 008 .002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $971,360 . 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: 17-04044 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County i ► ❑1 2F 1 Number of pages " PECORDED E;; H-,,g 7i E 0-1-034-2, PI-1 SLIN H R. PA CA E This document will be public i_LEPP* OF record. Please remove all SLFFOL;: t=OUHII'. Social Security Numbers L t=0001292 prior to recording. P .29 L I# 17-0-1044 a Deed/Mortgage Instrument -F Deed/Mortgage Tax Stamp RecoFding/Filing Stamps j 3,,: '_ FEES Page/Filing Fee ;rr Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 / � Sub Total Notation Spec./Assit. or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX R.P.T.S.A. lad � �p Dual Town Dual County ®b Held for Appointment Comm. of Ed. 5. 00 �M Transfer Tax Affidavit ,xo���� Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family ily dwelling only. Other Sub Total /�— YES or NO � Grand Total If NO, see appropriate tax clause on _ page# of this instrument. 4 la©o 17029152 1000 06900 0100 008002 ' ist. 5 Community Preservation Fund Real Property 11iI„�fI�lIiIiI�f�11111111,11111111111111�lii��l�li�ll! Consideration Amount $ 9"�0 Tax Service 29-AUG-1 Agency �,� � CPF Tax Due $ Verification -- - _ _� i��AL 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD &r RETURN TO: Vacant Land TD -� r ox 1 -7 QI TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Ynformatioil 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffolkcountyny.gov/clerk Title# � 8 Suffolk Count-VT Recor"ding & Endorsement Page i— This page forms part of the attached �� a� -►-s made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in 7�v SUFFOLK COUNTY,NEW YORK. TO In the TOWN of In the VILLAGE Qy \-4or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12.0104 10108kk (over) z t` r GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 3rd day of August, 2017 at Southold, New York. The parties are WILLIAM ZEBROSKI, JR., residing at 200 Gardiners Lane, P.O. Box 531, Southold, New York 11971 (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, identified as part of SCTM #1000-69-1-8 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 Peconic Surveyors, P.C. dated June 11, 2015 and last revised July 13, 2017 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the ""Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently planted in a cover crop; 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 1 r 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 NINE HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED SIXTY AND 00/100 DOLLARS ($971,360.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described in 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 1 � 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, 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 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 3 r r 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 Peconic Surveyors, P.C. dated June 11, 2015 and last revised July 13, 2017, and a Phase 1 Environmental • Site Assessment dated June 20, 2017 by Cashin Technical Services, Inc. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes 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 4 T } r r r §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. 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 5 I I 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 NINE HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED SIXTY AND 00/100 DOLLARS ($971,360.00) 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. 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 6 t i require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. `Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. The provisions of this Section 3.03 are subject to further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 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 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 7 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 developments rights easement or other conservation instrument. The parties acknowledge that the property is subject to a 50' wide utility easement recorded in Liber 1318, page 287, which easement area is improved with metal towers and high tension wires. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. 8 Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 9 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 livestock and livestock products as defined in §301(2)(x)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j), may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to review by the Land Preservation Committee, and such other approvals as required by the Town Code, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property and existing metal towers and high tension wires in the 50' wide utility easement area shown on the survey and subject to further provisions of easement recorded in Liber 1318, page 287; (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 11 f f f existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and 12 page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the 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 13 matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 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 14 protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (Ii) To enter upon the 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 15 l t notice in accordance with this Section 6.Q4. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 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 16 concerning its subject matter shall be merged into this Easement and superseded by it. 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 17 Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within 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 Acknowledgement of Charitable Contribution 18 The parties recognize that Grantor intends to make a charitable contribution in connection with this Grant of Development Rights Easement. 7.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.10 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. 7.11 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: By: / WILLIAM ZEBR SKI, JR., Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Sco A. Russell, Supervisor 19 STATE OF NEW YORK) COUNTY OF SUFFOLK), SS. On the day of Augustin the year 2017 before me, the undersigned, personally appeared William Zebroski, Jr., 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 takin )acknowled ement !Au✓ bola Y.00 56 i MARY KOLAKOWSKI j � 1401Ar1`r 'PUBLIC SUF SUFFOLK COUNTY YORK STATE OF NEW YORK ) LIC.#01 K04870006 COUNTY OF SUFFOLK ) SS: r^�iA�N�. EXP. z f On this day ofAugust 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%ice of individual taking acknowledgement 5 k-+ MARY KOLAKOWSKI NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY LIC. #01 K04870006 COMM. EXP. Z 20 FWffty p�a TsTU NO.F17-7404-10-1816-SUFF SCIIEDULE A-1 (Desch;pliott) AMENDED 7/17/2017 ALL that certain plot,piece or parcel of land, Situate in the To'%vn of Soitthold, County of Suffolk and State of New York bounded and described as foilows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road(Route 48)and the northeasterly record line of lands now or foinwrly of Hors N Around Realty Inc.; RUNNING THENCE, along said lands., North 41. degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formor'y ofDorje Lederfajn and Aril'aparo; THENCE, along said lands and the southerly line of I-lope Lane (Private Road) and lands now or formerly of Joanna Adamis, North 45 degTees 48 minutes 00 seconds East 528 97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limitcd Partnership Suffolk County Filed Map Number: 11497-, THENCE,along said lot, South 42 degrees 17 minutes 50 seconds East 1,396.37 feet to a stake set; THENCE South 47 degrees 42 minutes 110 seconds West 206.57 feet to a stake set; THENCE South 42 degrees 17 minutes 50 seconds East 409.55 feet to the Northwesterly side of Middle Road(Route 48); THENCE, along the North-westerly side of Middle Road (Route 48), South 54 degrees 25 minutes 30 seconds WestD 0 340.90 feet to the point and place of BEGINNINIG. THE-POLICY TO BE ISSUED under this ewn-adunenr will insure the title to such buildings and iniprovements on the premises which by IC71V Constitute rezrlprpperly. FOR CONVEYANCING ONL K Together with all the right, title and interest qftho party qf thefirstpart, qj'In and to the land lying in the.street in fi-onr ql'and adjoining said preinises, SCHEDULEA-1(Descriatimi) Rev.(03/04) SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD moo +`+� SUFFOLK COUNTY, N.Y. E' +\ 1000-59-01-08 19y a +`+ rzt SCALE' 1=100' JUNE 111 2015 ?,} + '� .; +\• JULY OJ, 2017(EASEMENT&RESERVE AREAS) wra JULY 13, 2017(REVISIONS) fCTO \ 1 r v \ \+\ Qvq 4 \ 0- <-< \\ C'L �O 2� \ <-<Q O ` \ \ All �s \ CERTIFIED TO a� TOWN OF SOUTHOLD WILLIAM ZEBROSKI JR. tied r FIDELITY NA77ONAL 77TL£INSURANCE SERVICES LLC f' y 9�O�cSV scx NARROW RIVER ROAD, LLC —x—x—x—x—x— m EASEMENT AREA-20.060 ACRES - %3 RESERVE AREA-2000 ACRES IIµ K cca1caro f;(pc]IrJc)NO N(6a655030 96l1B TOTAL AREA-22.060 ACRES zD 6�09 5 RSC snumaa Mr ii6n 15-144 I' I IIIIIII IIII VIII VIII VIII VIII(IIII VIII VIII IIII IIII I IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 08/30/2017 Number of Pages : 7 At: 04 : 04 :23 PM Receipt Number : 17-0150808 LIBER: D00012927 PAGE : 630 District: Section: Block: Lot: 1000 069. 00 01 .00 008 . 001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 .00 NO COE $5. 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $8 .75 NO RPT $400 . 00 NO Fees Paid $483. 75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County OCT - 22017 DEPT.OF LAND PRESERVATION 11[21 Number of pages { RECORIE TIICSITH A. R15 •At_E This document will be public ;_LEF't OF record. Please remove all SLIFFOLt; C0U11T%' Social Security Numbers '- b0001292-, prior to recording. F 6':0 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing Stamps 3 FEES Page/Filing Fee ` ortgage Amt. Handling 20. 00 1. Basic Tax2. Additional Tax TP-584 Sub Total Notation Spec./Assit. r or EA-52 17 (County) Sub Total Spec./Add. EA-5217 (State) TOT.MTG.TAX .''..P.T.S.A. T �� ®�� � Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 Transfer Tax ��A V ¢ Affida Mansion Tax �j ' ,Kfl64� r Certified Copy The property covered by this mortgage is or will be improved by a one or two urc arge 15. 00 )4 - i', family dwelling only. Sub Total 1 YES or NO Other /4- -�s Grand Total If N0, see appropriate tax clause on page# of this instrument. 4Dist. ` 3466351 -a- 5 1 Community Preservation Fund Real Property PT � �lII ,III I��IlI�I�II�II MConsideration Amount $Tax Service .2 �w� A 29 -1 11111111111111 11111 Agency CPF Tax Due $ Verification �1 `�- ----- ---- - -----� . Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land TD TD 1 -79 TD 19 � I Mail to: Judith A. Pascale, Suffolk Coun y Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffolkcountyny.gov/clerk Title# "7 S 8 Suffolk Count RecordingEndorsement Page This page forms part of the attached _����nom,,, -j-:5 2- s /-,'c_-n'ry- „S made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in —� SUFFOLK COUNTY,NEW YORK. TO In the TOWN of 1 y-k o » F In the VILLAGE c� P 3 _-N-42'S' or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. nz•olo9 a/nkk (Over) p T �S- R CWH A Stat ID: 3466351 29-AUG-17 Tax Maps (� District Secton Block Lot School District 1000 06900 0100 008001 1000 06900 0100 008002 JP'�J�flll'4 n1'�%'�✓��a ell Al 40 10 Op p(�d •N�q'tildi�'JCig4.+F5o;n`h�«Y a^.liUy V � el4' •��� �T�l a' led, F� r J,, DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made as of the 3rd day of August, 2017,by WILLIAM ZEBROSKI, JR.,with an address of 200 Gardiners Lane,P.O. Box 531, Southold,New York 11971, hereinafter referred to as the "DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 37875 County Route 48, Southold, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000069-1.8, and shown on a survey prepared by Peconic Surveyors, P.C., dated June 11, 2015 and last revised July 13, 2017 (the "Survey"), a reduced copy of which is attached hereto and made a part hereof, and described as "Entire Parcel" in the metes and bounds description attached as Schedule "A" and made a part hereof(the"Property"); and WHEREAS,the Survey shows an`Basement Area" area of 20.060 acres and a"Reserve Area" of 2.000 acres, both described as "Easement Area"and"Reserve Area"respectively in the metes and bounds descriptions attached as Schedule A; and WHEREAS,the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated August 3, 2017 for part of SCTM#1000-69-1-8; 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 and subsequent 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 Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of these covenants nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal, unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, his successors and assigns, and upon all persons or entities claiming under him, and may not be annulled, waived, changed,modified,tenninated,revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. William Zebroski, Jrt STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day of August, 2017,before me,the undersigned,personally appeared WILLIAM ZEBROSKI, JR.,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance beforgthe undersigned. GLS - Notary Public (YlQ✓� ILc>IgLov-��IL i mt I NOTARYEW YORK 6 COMM. Schedule A Entire Parcel: ALL that certain plot,piece or parcel of land,situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road(Route 48) and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE,along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE,along said lands and the southerly line of Hope Lane(Private Road) and lands now or formerly of Joanna Adamis,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Dotoski Family Limited Partnership Suffolk County Filed Map Number: 11497; THENCE,along said lot,South 42 degrees 17 minutes 50 seconds East 1,830.37 feet to the Northwesterly side of Middle Road (Route 48); THENCE,along the Northwesterly side of Middle Road (Route 48),South 54 degrees 25 minutes 30 seconds West 548.90 feet to the point and place of BEGINNING, Easement Area: ALL that certain plot,piece or parcel of land,situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE,along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE,along said lands and the southerly line of Hope Lane(Private Road) and lands now or formerly of Joanna Adami s,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; THENCE,along said lot,South 42 degrees 17 minutes 50 seconds East 1,396.37 feet to a stake set; THENCE South 47 degrees 42 minutes 10 seconds West 206.57 feet to a stake set; THENCE South 42 degrees 17 minutes 50 seconds East 409,55 feet to the Northwesterly side of y Middle Road(Route 48); • THENCE,along the Northwesterly side of Middle Road(Route 48),South 54 degrees 25 minutes 30 seconds West 340.90 feet to the point and place of BEGINNING. Reserve Area: ALL that certain plot,piece or parcel of land,situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a Easterly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the Southwesterly record line of lands now or formerly Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; RUNNING THENCE,along the Northwesterly side of Middle Road (Route 48), South 54 degrees 25 minutes 30 seconds West 208.00 feet to a stake set; THENCE North 42 degrees 17 minutes 50 seconds West 409.55 feet to a stake set; THENCE North 47 degrees 42 minutes 10 seconds East 206.57 feet to a stake set; THENCE,along the Southwesterly record line of lands now or formerly Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497, South 42 degrees 17 minutes 50 seconds East 434.00 feet to a stake set on the Northwesterly side of Middle Road(Route 48) and the point and place of BEGNINNING. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-69-01-08 � SCALE 1"=100' JUNE 11, 2015 _ e '4 2�t +� JULY OJ 2017(EASEMENT&RESERVE AREAS) n; 9 �y +� JULY Q,, 2017(REVISIONS) S � '45 fo lb IN U � � l CL o tia � O � X 1 i 3 ko `U.� M1OA CER77FIED TO TOWN OF SOUT WILLIAM ZEBROSKSKI JR. as FIDELITY NATIONAL 777LE INSURANCE SERVICES LLC sez NARROW RIVER ROAD, LLC o —X—X—X—X—X• :�oa qqpp EASEMENT AREA-20060 ACRES rW m,pNnriw Nsm99pR �urmutus� NY UC NO I96r9 RESERVE AREA-2000 ACRES TOTAL AREA-22PEmN,�svNicroNs PG N :u"` Kp r I r .060 ACRES 9n 9ss-s990 rex cn 9es nas P 0.HOX 909 M1649pY1w`�`•"' ` a?wn�a rN;g¢r 15-144 0 Fidelity National Title Insurance Company POLICY NO:NY-FRVH-SAM-2730632-1-17-104816 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY(6/17/06) With New York Coverage Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company') insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of I Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress, incompetency, incapacity,or impersonation, (h) failure of any person or Entity to have authorized a transfer or conveyance; (in) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered, (iv) failure to perforin those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsrfted,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 (vit) 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. S. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy, use,or enjoyment of the Land, (b) the character,dimensions,or location of any improvement erected on the Land, (e) the subdivision of land;or (d) environmental protection rf 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 to 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 (it) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10 Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company 9Y Po PO T � � m President f&leSEAL s �D ATTEST J � Countersigned: 1,A Secretary Authorized Signatory 2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.:NY-FRVH-SAM-2730632-1-17-104816 Title No.: F17-7404-104816-SUFF SCHEDULE A Amount of Insurance: $971,360.00 Date of Policy: August 3, 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 Easement 3. Title to the estate or interest in the land is vested in: Town of Southold Development Rights Easement made by William Zebroski,Jr. dated August 3, 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 Owner's Policy Page 1 Rev (02/04) (a) In all cases where this policy permits uires the Company to will also pay those c tomeys'fees,and expenses incurred in accordance prosecute or provide for the defense of any action or proceeding and any with Sections 5 and'/of mese Conditions appeals,the Insured shall securd to the Company the right to so prosecute or 9. LIMITATION OF LIABILITY provide defense in the action or proceeding, including the right to use,at its (a) If the Company establishes the Title, or removes the alleged defect, option,the name of the Insured for this purpose Whenever requested by the lien or encumbrance,or cures the lack of a right of access to or from the Land, Company,the Insured,at the Company's expense,shall give the Company all or cures the claim of Unmarketable Title, all as insured, in a reasonably reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or diligent manner by any method,including litigation and the completion of any defending the action or proceeding, or effecting settlement, and (ii) in any appeals,it shall have fully performed its obligations with respect to that matter other lawful act that in the opinion of the Company may be necessary or and shall not be liable for any loss or damage caused to the Insured desirable to establish the Title or any other matter as insured If the Company (b) In the event of any litigation,including litigation by the Company or is prejudiced by the failure of the Insured to 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 additional options amount of any loss,costs,attorneys'fees,and expenses paid by the Company. (a) To Pay or Tender Payment of the Amount of Insurance If requested by the Company,the Insured Claimant shall execute documents To pay or tender payment of the Amount of Insurance under this policy to evidence the transfer to the Company of these rights and remedies The together with any costs,attorneys'fees,and expenses incurred by the Insured Insured Claimant shall permit the Company to sue, compromise,or settle in Claimant that were authorized by the Company up to the time of payment or the name of the Insured Claimant and to use the name of the Insured Claimant tender of payment and that the Company is obligated to pay. in any transaction or litigation involving these rights and remedies. Upon the exercise by the Company of this option, all liability and If a payment on account of a claim does not fully cover the loss of the obligations of the Company to the Insured under this policy, other than to Insured Claimant,the Company shall defer the exercise of its right to recover make the payment required in this subsection,shall terminate, including any until after the Insured Claimant shall have recovered its loss liability or obligation to defend,prosecute,or continue any litigation (b) The Company's right of subrogation includes the rights of the Insured (b) To Pay or Otherwise Settle With Parties Other Than the Insured or to indemnities, guaranties, other policies of insurance, or bonds, With the Insured Claimant notwithstanding any terms or conditions contained in those instruments that (i) To pay or otherwise settle with other parties for or in the name of address subrogation rights an Insured Claimant any claim insured against under this policy. In addition, 14. ARBITRATION the Company will pay any costs,attorneys'fees,and expenses incurred by the Either the Company or the Insured may demand that the claim or Insured Claimant that were authorized by the Company up to the time of controversy shall be submitted to arbitration pursuant to the Title Insurance payment and that the Company is obligated to pay,or Arbitration Rules of the American Land Title Association("Rules") Except (u) To pay or otherwise settle with the Insured Claimant the loss or as provided in the Rules,there shall be no joinder or consolidation with claims damage provided for under this policy, together with any costs, attorneys' or controversies of other persons Arbitrable matters may include,but are not fees, and expenses incurred by the Insured Claimant that were authorized by limited to, any controversy or claim between the Company and the Insured the Company up to the time of payment and that the Company is obligated to arising out of or relating to this policy, any service in connection with its pay issuance or the breach of a policy provision, or to any other controversy or Upon the exercise by the Company of either of the options provided for in claim arising out of the transaction giving rise to this policy All arbitrable subsections(b)(i)or(ii),the Company's obligations to the Insured under this matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated policy for the claimed loss or damage,other than the payments required to be at the option of either the Company or the Insured All arbitrable matters when made, shall terminate, including any liability or obligation to defend, the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only prosecute,or continue any litigation when agreed to by both the Company and the Insured Arbitration pursuant to 8. DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties Judgment This policy is a contract of indemnity against actual monetary loss or upon the award rendered by the Arbitrator(s)may be entered in any court of damage sustained or incurred by the Insured Claimant who has suffered loss competent Jurisdiction or damage by reason of matters insured against by this policy 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE (a) The extent of liability of the Company for loss or damage under this CONTRACT policy shall not exceed the lesser of (a) This policy together with all endorsements, if any, attached to it by (i) the Amount of Insurance,or the Company is the entire policy and contract between the Insured and the (ii) the difference between the value of the Title as insured and the Company. In interpreting any provision of this policy, this policy shall be value of the Title subject to the risk insured against by this policy construed as a whole (b) If the Company pursues its rights under Section 5 of these Conditions (b) Any claim of loss or damage that arises out of the status of the Title and is unsuccessful in establishing the Title,as insured, or by any action asserting such claim shall be restricted to this policy. (i) the Amount of Insurance shall be increased by 10%,and (c) Any amendment of or endorsement to this policy must be in writing (ii) the Insured Claimant shall have the right to have the loss or and authenticated by an authorized person, or expressly incorporated by damage determined either as of the date the claim was made by the Insured Schedule A of this policy Claimant or as of the date it is settled and paid (d) Each endorsement to this policy issued at any time is made a part of (c) In addition to the extent of liability under(a) and(b),the Company this policy and is subject to all of its terms and provisions Except as the 2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended endorsement expressly states, it does not (i) n any of the terms and provisions of the policy, (n) modify an;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 invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect 17. CHOICE OF LAW;FORUM (a) Choice of Law The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the Jurisdiction where the Land is located Therefore,the court or an arbitrator shall apply the law of the Jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law (b) Choice of Forum Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate Jurisdiction 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company,Ann Claims Department,P O Box 45023,Jacksonville,Florida 32232-5023. 2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No:NY-FRVH-SAM-2730632-f-17-104816 Title No.: F17-7404-104816-SUFF SCHEDULE A-1 Description AMENDED 7/17/2017 ALL that certain plot,piece or parcel of land, situate in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48)and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE, along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE, along said lands and the southerly line of Hope Lane(Private Road)and lands now or formerly of Joanna Adamis,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; THENCE, along said lot, South 42 degrees 17 minutes 50 seconds East 1,396.37 feet to a stake set; THENCE South 47 degrees 42 minutes 10 seconds West 206.57 feet to a stake set; THENCE South 42 degrees 17 minutes 50 seconds East 409.55 feet to the Northwesterly side of Middle Road(Route 48); THENCE, along the Northwesterly side of Middle Road(Route 48), South 54 degrees 25 minutes 30 seconds West 340.90 feet to the point and place of BEGINNING. Schedule A-I(Description) Owner's Policy Page 2 Rev (02/04) Fidelity National Title Insurance Company ul l s Policy Number:NY-FRVH-SAM-2730632-1-17-104816 Title No.:F17-7404-104816-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. Receipt and Release in Liber 6357 Page 504. 2. The premises are a part of a larger tax lot. The taxes assessed against the premises must be apportioned and allocated since they presently cover the premises described in Schedule"A"herein and more. 3. Company excepts sewer charges that have not been specifically included on the tax report herein. 4. Survey made by Peconic Surveyors,PC dated 07/13/2017 shows:vacant land with metal towers and high tension wires; asphalt apron; 50 foot wide PSEG Easement traverses over portion of the northerly part of premises; variations between fences and northeasterly,northwesterly and southwesterly record lines. 5. Company excepts rights of utility companies to maintain or relocate metal towers and high tension wires as shown on the survey used herein. Policy excepts the rights of others to use said service. 6. Electric Easement in Liber 1318 cp 287. Schedule B Owner's Policy Page 1 Rev (02/04) Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and forming a part of Policy No.NY-FRVH-SAM-2730632-1-17-104816 of Fidelity National Title Insurance Company 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services,labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments,water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or(iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National/Title Insurance Company �1TLE IhB4 BY President SEAL s $ ATTEST D Secretary STANDARD NEW YORK ENDORSEMENT(7-01-12) FOR USE WITH ALTA LOAN POLICY(6-17-06) Fidelity National Title Insurance Company POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy No.NY-FRVH-SAM-2730632-1-17-104816 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: August 3,2017. Countersigned: Fidelity National Title Insurance Company BY (k-n,] , L'-President � SEAL� ATTEST BY: Secretary TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded frc___ __ coverage of this policy,and the Company will not pa 3r damage,costs,attorneys'fees,or expenses that arise by reason of 1 (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, (u) the character,dimensions or location of any improvement erected on the Land, (m) 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 I I of these Conditions in the Land, or holds an obligation secured by a purchase money Mortgage (b) "Date of Policy" The date designated as`Date of Policy"in Schedule given by a purchaser from the Insured, or only so long as the Insured shall A have liability by reason of warranties in any transfer or conveyance of the (c) "Entity".A corporation,partnership,trust,limited liability company, Title This policy shall not continue in force in favor of any purchaser from or other similar legal entity the Insured of either(i)an estate or interest in the Land,or(ii)an obligation (d) "Insured" The Insured named in Schedule A secured by a purchase money Mortgage given to the Insured. (i) The term"Insured"also includes 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (A)successors to the Title of the Insured by operation of law as The Insured shall notify the Company promptly in writing(i) in case of distinguished from purchase, including heirs, devisees, survivors, personal any litigation as set forth in Section 5(a) of these Conditions, (n) in case representatives,or next of kin, Knowledge shall come to an Insured hereunder of any claim of title or interest (B)successors to an Insured by dissolution, merger, that is adverse to the Title,as insured,and that might cause loss or damage for consolidation,distribution,or reorganization, which the Company,may be liable by virtue of this policy,or(in)if the Title, (C) successors to an Insured by its conversion to another kind of as insured,is refected 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 (n) With regard to (A), (B), (C), and (D) reserving, however, all contained in Section 7 of these Conditions,the Company,at its own cost and rights and defenses as to any successor that the Company would have had without unreasonable delay, shall provide for the defense of an Insured in against any predecessor Insured litigation in which any third party asserts a claim covered by this policy (e) "Insured Claimant" An Insured claiming loss or damage adverse to the Insured This obligation is limited to only those stated causes of (f) "Knowledge" or "Known- Actual knowledge, not constructive action alleging matters insured against by this policy The Company shall knowledge or notice that may be imputed to an Insured by reason of the have the right to select counsel of its choice(subject to the right of the Insured Public Records or any other records that impart constructive notice of matters to object for reasonable cause) to represent the Insured as to those stated affecting the Title causes of action It shall not be liable for and will not pay the fees of any other (g) "Land-The land described in Schedule A,and affixed improvements counsel The Company will not pay any fees,costs,or expenses incurred by that by law constitute real property The term "Land" does not include any the Insured in the defense of those causes of action that allege matters not property beyond the lines of the area described in Schedule A,nor any right, insured against by this policy title, interest, estate, or easement in abutting streets, roads, avenues, alleys, (b) The Company shall have the right, in addition to the options lanes,ways,or waterways,but this does not modify or limit the extent that a contained in Section 7 of these Conditions, at its own cost, to institute and right of access to and from the Land is insured by this policy prosecute any action or proceeding or to do any other act that in its opinion (h) "Mortgage" Mortgage, deed of trust, trust deed, or other security may be necessary or desirable to establish the Title,as insured,or to prevent instrument,including one evidenced by electronic means authorized by law or reduce loss or damage to the Insured The Company may take any (i) "Public Records" Records established under state statutes at Date of appropriate action under the terms of this policy, whether or not it shall be Policy for the purpose of imparting constructive notice of matters relating to liable to the Insured The exercise of these rights shall not be an admission of real property to purchasers for value and without Knowledge With respect to liability or waiver of any provision of this policy.If the Company exercises its Covered Risk 5(d), "Public Records" shall also include environmental rights under this subsection,it must do so diligently protection liens filed in the records of the clerk of the United States District (c) Whenever the Company brings an action or asserts a defense as Court for the district where the Land is located required or permitted by this policy,the Company may pursue the litigation to (j) "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. the Title to be released from the obligation to purchase,lease,or lend if there 6. DUTY OF INSURED CLAIMANT TO COOPERATE 2730632(5/07) ALTA Owner's Policy(6/17/06)w/New York coverage Endorsement Appended CLOSING STATEMENT WILLIAM ZEBROSKI, JR. to TOWN OF SOUTHOLD part of SCTM #1000-69.-1-8 Total Development Rights Easement—20.06 acres Total Parcel Acreage — 22.06 acres Reserve Area - 2.0 acres Premises: 37875 County Road, 48, Southold Closing took place on Thursday, August 3, 2017 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 971,360.00* (based on contract) disbursed as follows: Payable to William Zebroski, Jr. $ 971,360.00 Check #133147 (8/1/2017) *substantial bargain sale by landowner to the Town of Southold Expenses of Closing: Appraisals Payable to Lawrence Indimine Consulting Group $ 2,400.00 Check #126146 (9/22/2015) Payable to Lawrence Indimine Consulting Group $ 2,400.00 Check #131828 (3/28/2017) Survey Payable to Peconic Surveyors, P.C. $ 1,850.00 Check #133107 (8/1/2017) TOWN OF SOUTHOLD VENDOR .03208 WILLIAM ZEBROSKI, JR. 08/01/2017 CHECK 133147 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600.100 17-535 080317 ZEBROSKI-20.06A DEV RGHT 971,360.00 TOTAL 971,360.00 6. J�z I J A- xYt.- 4 4A :> 1,7 01 1 19 -IfIR:11 d' .. W TOWN OF SOUTHOLD AUDIT-'08/0'1/2017,.', 63095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK No. 133147 THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT ,360. 50-546/214 08/01/ 01, �Oi7 60 VINE HUNDRED SEVENTY ONE THOUSAND THREE HUNDRED SIXTY AND 00/100 DOL PAY WILLIAM ZEBROSKI, JR. C3 : j TO THE PO BOX 531 1110 ORDER' — SOUTHOLD NY' IM-2 It.0 I Lawrence Indimine Consulting Corp. Invoice 18 Bailey Lane Date Invoice# Manorville, NY 11949 3/9/2017 846 (631) 979-2735 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of William Zebroski 2,400.00 Located 37875 County Road 48,Southold,NY SCTM#1000-69-1-8 File#17032 nQ LMAR 16 2017 DEPT.OF LAND PRESERVATION Thank you for your business. Total $2,400.00 __--_-_._, -._.-,=- `.--_-.- -�...._.,:____ -.. -- - _ _ _._-..,�_�..a.�-�..rw :�7� -�_v__ Y .a,-....a...�__._.1.�-:�•.wa:_:�fv;:��-,�_a_.a�.s.�..r�1�:. �.. _- � -_... _ , TOWN OF SO UTHOLD VENDOR 011893 LAWRENCE (INDIMINE- CONSULT CORP 03/28/2017 CHECK '131828 FUND &,ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 30857 846 APPRAISAL-ZEBROSKI PRPTY 2,400.00 ( I' TOTAL I--2,400.00 `,__ _ k u T , n ' j J'Litj f5 'kaKt fl Y _ tip013 qiN ji J, • r' � I ' i / I i 1 '1 -ta'- ,.ry-;.' ��:".f'vA�;`t'�•G,t:4 \.1;'''•.' •!,a '� - ,�.•..�`1.1,'•-�'��-^'..-'•�°5.,�',� _ r-� rl. - - -' .,7�.:.'t'l,' 7 >t,' Il c,l,'153O VN:OF.,.SOiITKOI D„ ) Pr it i•,. /, 3/� �t'v'�.rtr[r,:lli )1•f7 '__ r i+•a _ e y d_ gar ^t, Ort ,PJ:7i' �:!� + •,` 'e,t',r: 1`''53095.MAIN,ROAD;PO'BOX<7:1,79� ",,.t,,,.1 ,'1 �`.+• -NO,T �`-iJ`',F', -v.r s`¢ .'1:r\':e`•�! 1 71.0959 J1-• ,•t': r'", ` :•,.`' 7' ".F,.._y^r+ �..i'+.� 1,' •r•t. SOUTHO LD•NY,1.� -F;;;�i;i, 7:t:, •,S tt •r•I .•r', 'p ,t.,i'c; ,5�`7 la,at. ., '4;.,td r :t.,!__ .'Fd ,{ ,a:;m i'.an,i t•,P,'„s,-, .a'{t`•rr},,,l.L.,_ _t').F�y t,° ., �C_•H'ECK :; 1,3;182tl8tr',m•,°,'o r- I, 'J ,l..P,1a 1, ''Ja,• .•SL¢d'+,- _ _,_ '>;.: _c� = P, a'P Jh. _ _ _ ^` - _ _:j•,'_r^J•'t'.r`!t' ifs.'".!`_"„':w.''' 5.\.�. P•' P• •r � - -- - f'�' `THE;SU,fiFOIk,CO'.`NATIONAL'BANK:,iP•: r' •d� ,,. 7 ,r _ - - ;] }s'I a= '•a' ::•,"ta 'ir!)•ri, CUTCHOGUE;NY;17935p�,; 4 t DATE` _ AMOUNT ,{, —lot 1 t I' i' /'i r t•r 5t” ,1+�• '-' - _ -- ",ty'�F.,,"iP t•°,'`'if '1,r,T d.7r.• �7• _ _ , •.`-:r•Tt'r .7• :v,i ;•4 c' r,l at;14 s"4,l a'+7;,�',r ;c r; - :.p¢ __ =%'''=-- - _ •al a•7'cr,trP]'a;rb,ri,.tl', t,�i:?�;�: 'a !:' �n, 7.,1 tl�.l �iS�"l a-<';tr,l�i.,q„L.,i ia^ '-- r, ,5',1�.,.. ✓s0J1 y� 03 28'f,2017,,;,°s :,•fr :$21,,40;0:.00:;=1i t",•s ;!F ;•.;50=546%214c'a 7' i _ ;%tl - - 'f b _,};;-• aiti'd5 lt•�, 1 t^pYpi,'i r` :. s tiTTn70- THOUSAND"-FOUR -,HUNDRED.AND ,0 0;/10 Q;-"DOLI;ARS;�4;;. -c "�` ;Y^?; J z 1,: aa'y•,d(. Ilh•i+ 1, ¢7A;�d":¢. 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'l�i'7,y.�'i•;+�a0Z�' +` �7.,�a r•.1.:R�J.y.;,.l.;,'•L.it c:rh',1 t jf'fyt.+a'7.•.'� r`r'j r,'i•of^. il1r`7 ,i''”.F 1,:•�t��/L i\rfy.t.;l'7,„'a;", sr - _ °•'><,C'•a• �','1't '!.'� - _„','hr •t' moi• -1 -'--ch`ti;}% 'r ':J'et,'i 0''t`d Pr 1°7,•li`t't,� ,-','. ” ,.P' - - -_ rdt�Pl•J;',•lgr. .y r,Fpl. ,P�1'7�. ,r,La„'i"d - _ --:r' xt�x•'�' ''tala�'F'i ,ili .r F.l,i 1 if" `�l tx- - - .1: p, - `,5. -=•', .Il;i? 7 iT'ier:'r 1'L E4 p• .,�+'°iii��•,''v;;•.� - - -`- -_='a=”'-'i• ';ei,i. } e, -n`�:`I°�1:��%',�- - - - .r- 5 1"i t'4,0°'S Lawrence Indimine Consulting Corp. Invoice PO Box 1453 Date Invoice# Smithtown,NY 11787 (631) 979-2735 9/4/2015 720 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of Zebroski 2,400.00 Located 37875 C.R.48,Southold,NY SCTM#1000-69-1-8 File#15088 RECOVE DO SEP - 82015 DEPT.OF LAND PRESERVATION Thank you for your business. Total $2,400.00 ----------------------- --------- ----------------------- ----------------------- ---------------------- --------------- --------I............ -------I.,-------- ............... ----------------------- .... .................... ..................... ---------------------- ...................... ----------------- ...................... TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT -CORP 09/22/2015 CHECK 126146 FUND & ACCOUNT I P"O-.# INVOICE DESCRIPTION AMOUNT CM A660.2-500.200 J 29037 720 ZEBROSKI APPRAISAL 2,400.00 TOTAL 2,400.'00 Q L ...........I -k. ATPA Ae ....... ----------------- —5,• 4,sw APO, 1,yw-k, iN R F/ 'o WM a!- -07 — 00 Z;A:— 52 S NL I; i fflo i fA ?Ys Fm 6m �14 w ul rtema wo� PECONIC SURVEYORS, P.C. Invoice SOUTHOLD, NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 7/6/2017 3186 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT. 54375 RT 25,PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 15-144 Due on receipt Quantity Description Rate Amount 1 SURVEY FOR DEVELOPMENT RIGHTS EASEMENT AT 37875 CR 48/ 1,850.00 1,850.00 ZEBROSKIFARM FD)RE`vH JUL 19 2017 DEPT.4F LAND PRESERVATION We appreciate your prompt payment Total $1,850.00 Phone# 631-765-5020 TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 08/01/2017 CHECK 133107 A FUND & ACCOUNT P.O_# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600.100 30860 3186 SURVEY-ZEBROSKI-DEV RTS 1,850-00 TOTAL 1,850.00 147 et N "3 4�yJ d. (� I cx , f7a, {�r ti 1Tr"'•La } va ME- ,- r_},sr, t-''�,,,,LW �iy„ gr "a':-,.`G'' '-f+-• -4c i pd ta Y `i_•4rh U''— i-:Tf If , TOWN OF, SOUTHOLD -AUDIT 08/01/2,01,71,. 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK' NO. -13 3107 ' THE SUFFOLK CO:NATIONAL BANK _ CUTCHOGUE,NY 11935 DATE AMOUNT 50-546/214 08/01/2017 - ONE- THOUSAND EIGHT HUNDRED FIFTY AND 00/100 DOLLAR'S QF•fDLk-' � p,qy PECONIC SURVEYORS, P.C. - o TO THE 1230 TRAVELER STREET ORDER PO prix 409 �y._ l'• t . _ ` L OF SOUTHOLD NY 11971 E °�' " 11. 13310711' 1:0214054E O: 63 000004 011' Cashin Technical Services, Inc. 4 1200 Veterans Memorial Hwy . Hauppauge . NY . 11788 631.348.7600 phone f 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 June 20, 2017 Southold, NY 11971-0959 Project No 17CTS.008 Invoice No- 617001C Phase I Environmental Site Assessment for property located at 37875 County Road 48, Southold, NY SCTM 1000-69.-1-8 Professional Services from June 7 2017 to June 20, 2017 Fee 1,200.00 Total this Invoice $1,200.00 G�LC�E0V/�D 1 JUN 2 1 2017 DEPT.OF LAND °FE5F�iIhi17N TOWN OF SOUTHOLD ; VENDOR 003079 CASHIN ASSOCIATES, P.C. 07/05/2017 CHECK 132760 A - FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.'2.600.100 30861 617001C PHS 1 ESA-ZEBROSKI PRPTY 1,200.00 TOTAL 1,20 01.0 0 J; uco ai ., '4,.j � k ` ++ x'..77 ,r" 1,r P 1. A `v top -TOWN OFSOUTHOLD AUDIT° :- .,-i 53095 MAIN ROAD,PO BOX 1,179 - .,••• ' . , ' ISOUTHOLD,NY 11971-0959 - CHECK NO. 132760 , THE SUFFOLK CO'NATIONAL BANK= SATE - AMOUNT - CUTCHOGUE•NY 11935 50-5461214 07-/OS/2017 ONE THOUSAND "TWO°'HUNDRED:AND' 0 b/10'0 'DOI;LARS 21 pAy- CASHIN .ASSOCIATES, P:C. TO THE_ •12 0 O,.VET-ERANS MEMORIAti HWY '- ORDER!. • HAIIPPAUGE NY 117.88OF ''° u' 13 27GOns 1:0 2 14-05►,6L,1: 63 000004 Oil' Fidelity National Title Insurance Services, LLC [X ]NYS GOOD FAITH ESTIMATE 24 Commerce Drive,Riverhead NY,1 1901 0 FINAL STATEMENT PHONE (631)727-0600•FAX (631)727-0606 Title No: F17-7404-104816-SUFF Closing Date:08/03/2017 Closer: Applicant: Town of Southold Land Preservation Dept Lender: Purchaser: Town of Southold Lender Attorney: Owner: William S Zebroski,Jr. Owner Attorney: Wickham,Bressler&Geasa,PC Premises: 37875 County Road 48 County: Suffolk Southold Mortgage Amount:$0 00 Fee Amount:$971,360 00 COMPANY CHARGES Amount: Buyer/Borrower Seller: Lender: Fee Premium $3,73700 Other Premium Optional Market Value Rider Escrow Service Charge Recording service fee—(2) WAIVED New Survey Herewith Municipal Totals-See Attached $2500 Endorsement Totals Other Charges Examination of Title Total Company Charges: 'RECORDING CHARGES. - ' Conveyance Tax(exempt) Mortgage Tax Lender Tax RPT Tax CPF Tax(exempt) (1 )Covenant and Restriction/Cert Copy $40500 (I )Development Rights Easement/Cert $50500 Copy(24 gs) ( )Assignment of Mortgage ( )Consolidation Agreement ( )Satisfaction of Mortgage ( )Release ( )Satisfaction of Judgment ( )Agreement Total Recording Charges: ESCROW&EXCHANGES(ESCI) Total Escrow Charges: TOTAL CHARGES: CHECKS PAYABLE TO FIDELITY From: Check No.: Amount: Total Checks Payable to Fidelity(4): 50.00 LIST ALL OTHER CHECKS From: Check No. Amount: Total Other Checks: $0.00 TOTAL COLLECTED: $0.00 MUNICIPAL SEARCH DETAIL FINAL CASH SHEET CONTINUED Date 7/26/2017 Closing Date 08/03/2017 Title No F17-7404-104816-SUFF Closer Applicant Town of Southold Land Preservation Dept Bank Address P O Box 1179 Southold NY 11971 Bank Attorney Purchaser Town of Southold Seller Attorney Wickham,Bressler&Geasa,PC Owner William S Zebroski,Jr Salesperson Robert DeFrese Premises 37875 County Road 48 County Suffolk Bankruptcy Search .... $2500 Tax Search No Charge OTHER ANCILLARY CHARGES: Buyer/Borrower Owner/Seller ( )Mortgage Payoff Transmittal Charge $ $ ( )Delivery/Courier Charge $ $ Notice Rezarding Ancillary Services Title costs for this transaction may include charges for certain services not specified in the TIRSA rate manual but are provided by FNTG at the request ofyour lender or attorney The issuance ofthe title policy is not dependent upon the performance of such services Ii Disclosure Pursuant 11 NYCRR&30.3 of Compensation and Ownership 4 Fidelity National Title Insurance Services LLC("LLC")earns 88%of the premium on the sale of policies as an agent of Fidelity National Title Insurance Company("FNTIC") Alternative title insurance policy coverage's and/or endorsements maybe available Please contact this Company for a description of alternative coverage's and premium quotes or for any other additional information The premiums for policies of title insurance are approved by the New York State Department of Financial Services("NYS DFS"), Insurance Division,under a rate filing made by the Title Insurance Rate Service Association("TIRSA") The NYS DFS also approves policy and endorsement forms These rates are standard for all members of the TIRSA except certain Owner's policies issued by Company which are 15%lower than the TIRSA rates LLC is a wholly owned subsidiary of Fidelity National Financial Corporation The Insurance Law prohibits reducing or rebating any portion of the premium paid to the Insurer for the title insurance policy whether by reducing the Agent's commission or compensation or otherwise IMPORTANT NOTE:THIS FINAL STATEMENT MUST BE SIGNED AT CLOSING BY THE APPLICANT PAYING (' THE CHARGES LISTED ON THIS DOCUMENT OR HIS,HER OR ITS ATTORNEY IN FACT: Date Date Purchaser/Borrower Signature Purchaser/Borrower Signature x,- TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 08/01/2017 CHECK 133039 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660 .2 . 600.100 17-535 7404-104816 ZEBROSKI-TITLE INS PLCY 3,737.00 CM . 8660.2 . 600.100 17-535 7404-104816 ZEBROSKI-REC EASMNT/CERT 505.00 CM . 8660.2.600. 100 17-535 7404-104816 ZEBROSKI-RECORDING SVC 405.00 CM .8660.2 .600.100 17-535 7404-104816 ZEBROSKI-BANKRUPTCY SRCH 25.00 TOTAL 4,672.00 ' _ i`'* Y`-•_ •LTtl r��nl it i3:.2•-4 r..j+",� + �,`.-.t��P:._ '� 'k •Il✓ �I'4.Hn ¢i�'y.--L.y„T'i f1�-v�i�J- 'i�T'•_.,S ��+`i��{�• r I"'• { I "'TAN +.^ =r- lh� Gm;! ,iJ-cn .rJS"ri£l yi;,.,?.4 :' 1 rc'Pq' -I',;.1w+' K f"•, '• ,—rte,•'^k.• ,^:. r�+ ;'-.. A },t+k5 ty Vit•, �_rY • + r1 3 7 tw,4 C t 0 D't4 0 0 0 D p ":5.7?•'�s```�•='I ��aa TOWNOFSOUTHOLD AUDIT (08=/01/20.17- 53095 MAIN ROAD,PO BOX 1179, " ;- SOUTHOLD,NY 11971-0959 CHECK NQ,. ,ti S3 O'3 9'. THE SUFFOLK CO.NATIONAL BANK ` CUTCHOGUE,NY 11935 DATE' ,AMOUNT 4;6`72.00 50-5416/214 F-•' a`t} FOUR 'THOUSAND SIX HUNDRED, SEVENTY 'TWO_AND, 'O -100 -DOLLARS ;< . f rot PAY FIDELITY NATIONAL TITLE INS CO o co TO T-4E ' 24 -COMMERCE DRIVE ORDER OF RIVERHEAD NY 11901 �` � 1151330391's 1®0 2 140546410 631 000004 0ll® Y" L TOWN OF SOUTHOLD VENDOR 011451 MARY KOLAKOWSKI 08/01/2017 CHECK 133065 A FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660 .2.600.100 17-535 080317 ZEBROSKI-TITLE CLOSR FEE 150.00 TOTAL 150.00 .A;,.,,,c •r- � ,-Irf= - �ice'j. •K -a`ti'-.�'.- :.,.T.'.'.' =.:�.�'i= .c:`T�v `'�c:�J. c:>;'a, C` t ,G.•'"�,.I.0, II� �P vy r�''�h'�n` 4t.-�Ni•�•4t ,•�` -,1 '- ' +•=�-m yyj'7 T;ii�=l v.��:e-' ggC+_L _G•.t i�'?i}}°S �'['�,��� "T k . ' :a+.+_riY^'l'.''." C�.yT.i;�'i i'•t'T'rT3 ,(1' i" t` ,( *iS�,<t -,-�,l:F .. .� 1', i...+,.1 a�`"•Y'r r"+,:.a,. i.s%w \Z ' Via• ..+;.''.i: zs��^,.az,�;j'; '"-,;,;;��,-�ryt `y k`-u;r•�.T_�+r-9.i C.l,_:yr-c,t-.y u—+' t4 . `y.t .� 1 } F., �• I}�-Yy-Ta�.v''-`�.,{ �'�Jr Ayiu 1' :'� s'A'r'i. �� ~:.s:�.'c't('.Ti.;�'::�ia��.f•L }��*�tj t� � !:2i 5Y{� Z! 22 7 6 zj 3 +1r Yti' ;.`I ;,,'��.^<„a� o m r•o s?( ;, 0 0 0 o c o; •< t i:�' TOWN OF SOUTHOLD -j'01/2oi7 - .53095 MAIN ROAD,PO BOX 1179. _ SOUTHOLD,NY 11971-0959 CHECK,NO. X3,3065 4 THE SUFFOLK CO.NATIONAL BANK i"+i• curcHocuE,NY 11935 DATE ' ,AMOUNT. x' 50-546r2-14 fl$/01/'2 017--. - ±$15 0.0 0 ONE HUNDRED FIFTY AND 00/100 DOLLARS PAY MARY KOLAKOWSKI TO THE' ORDER OF a ;-=ire•I l fl-Vq im i:n 7 L t.O S 4 OFFICE LOCATION: MELISSA A.SPIRO O�� C®G Town Hall Annex LAND PRESERVATION COORDINATOR hy. ,f,� 54375 State Route 25 melissa.spiro@town southold.ny us .G (corner of Main Rd&Youngs Ave) COD Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 GA o�� MAILING ADDRESS: www.southoldtownny.gov �V �`� P o.sox 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: August 3,2017 Re: ZEBROSKI to TOWN OF SOUTHOLD Part of SCTM#1000-69.-1-8 Development Rights Easement Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 37875 County Road 48, Southold SCTM#: part of 1000-69.-1-8 PROPERTY OWNER: William Zebroski,Jr. CONTRACT DATE: June 7, 2017 PURCHASE DATE: Closing took place on August 3,2017 PURCHASE PRICE: $971,360.00"(per contract) "The purchase price was substantially below the fair market value established by the Town's appraisal and intended by the seller to be a partial sale of development rights to the Town and a partial gift(bargain sale gift)to the Town. EASEMENT ACREAGE: 20.06 acres TOTAL PARCEL ACREAGE: 22.06 acres RESERVE AREA ACREAGE: 2.0 acres in southeasterly corner A Declaration of Covenants and Restrictions was recorded at the closing prohibiting the subdivision of the 2.0 acre Reserve 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%) cc: William Zebroski,Jr. Abigail A.Wickham, Esq.