HomeMy WebLinkAboutMill Lane One LLC OFFICE LOCATION:
MELISSA A. SPIRO \\,pf so(/rTown Hall Annex
LAND PRESERVATION COORDINATORSO 54375 State Route 25 1
melissa.spiro@town.southold.ny.us O (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711
Facsimile(631)765-6640 �Q MAILING ADDRESS
�y(,'oom� ' P.O. Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
RECEIVED
To: Elizabeth A. Neville FEB 1 6 2018
Town Clerk
From: Melanie Doroski Southold Town Clerk
Sr. Administrative Assistant
Date: February 16, 2018
Re: MILL LANE ONE, LLC to TOWN OF SOUTHOLD
Development Rights Easement
SCTM #1000-107.-10-9.2
Premises: 6300 Wickham Avenue, Mattituck
Betty:
Enclosed for safekeeping in your office, please find the following documents:
• Original Grant of Development Rights Easement dated December 5, 2017 between Mill
Lane One, LLC and the Town of Southold, recorded in the Suffolk County Clerk's office on
12/28/2017, in Liber D00012944 at Page 026
• Title insurance policy#0-8911-775777 issued by Stewart Title Insurance Company on
December 5, 2017, in the insured amount of$1,601,990.00 (title no. ST17-30552)
• Closing Statement
• Closing Memo
Thank you.
Melanie
encs.
cc: Assessors w/copy of recorded easement, survey
•� -may
IIIIIII IIII VIII VIII VIII VIII VIII 11111111111111 IN
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SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 12/28/2017
Number of Pages : 24 At: 12 :04 : 17 PM
Receipt Number : 17-0230308
TRANSFER TAX NUMBER: 17-17318 LIBER: DOOO12944
PAGE : 026
District: Section: Block: Lot:
1000 107 . 00 10 .00 009. 002
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $1,601, 990 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $120 . 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 $30 . 00 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $395. 00
TRANSFER TAX NUMBER: 17-17318
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
RE'
l5 t�'g'11 J
FEB 1 5 2018
DEPT.OF LAND
PRESERVATION
r 77 c
RECORDED
2017, Dec 22 1._,:04:17 PM
Number of°pages �/� JUDITH A. PASCALE
CLER K OF
SrJFFrLtCOUNTY +
This document will be, public L Dr!lii12944
0-6
record. Please remove all P
L'�ia# 17-1
-1 r',i C,
Social Security Numbers
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
-7
3 FEES
Page/Filing Fee ��� Mortgage Amt.
1. Basic Tax
Handling 00 2. Additional Tax
TP-584 �� Sub Total
Spec./Assit.'
Notation L or
EA-52 17 (County) Sub Total /L Spec. /Add.
TOT. MTG. TAX
EA-5217 (State)
C Dual Town Dual'County
R.P.T.S.A. Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax `-F—,A4,0�_
+�� Mansion Tax.
Affid � �,�_ INn84° '
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
Nfamily dwelling only.
YS Surcharge
15. 00 Sub Total YES or,.NO
Other
Grand Total If NO, see appropriate tax clause on
�� Gl page`# of this instrument.
4 Dist. OGD 5, Community Preservation Fund
17043757 1000 10700 1000 009002 ;. Q/�
Real Property — Consideration Amou_ nt $ I G 1 l`!0
Tax Service DHO IIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIIIIIII ���M PIT
Agency 27-DEC-17 CPF Tax Due- $
Verification
mproved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
]RECORD & RETURN TO: Vacant Land
I /sA C?. 6 In43A.I,v K, €da. TD 1000
-rw o vn-=v L017 a basf"
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Q u rte-7e-te-o I V/ TD.
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Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11901 Co. Name S7L`wo-k-r 777-c.E AWS.
www.suffoliccountyny.gov/clerk Title# 51—/-7-36,S5
S Suffolk Couinty Recordin ] Y1d rs�illent Pale
This page forms part of the,attached G/el-�n/T op d -yewpmg2 (T kl6601:5 made by:
(SPECIFY TYPE OF INSTRUMENT)
E
Infol- Z A?A(E DNE , I-Le, The premises herein is situated in
SUFFOLK COUNTY, NEW YORK.
TO In the TOWN of So u7-h0L®
TDu�,.s ar 16awo., b In the VILLAGE
or HAMLET of /)9A-rr7 Tuck'
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
IMPORTANT NOTICE
If the document you've just recorded is your SATISFACTION OF MORTGAGE, please be aware of
the following:
If a portion of your monthly mortgage payment included your property taxes, *,you will now need to
contact our local Town Tax Receiver so that you may be billed directly for all future property tax
statements.
Locar;property, taxes'are payable twice a,31ear: on or before,January 10' and on or before May 315'
Failure to"make-payments in-a timely faslaion could res-ult'in a.penalty.
Please contact your, local Town Tax Receiver with Any-questions "regarding property tax
payment.
Babylon TownReceiver of Taxes Riverhead Town Receiver of Taxes
200 East Sunrise Highway 200 Howell Avenue
North Lindenhurst,,N.Y. - 11757 Riverhead, N.Y. 11901
(631) 957-3004 (631) 727-3200
Brookhaven Town Receiver of Taxes Shelter Island Town Receiver of Taxes
Or Indepenaence'Hill Shelter Island Town Hall
Farmingville,'N•'.Y. 11738 j Shelter Island, N.Y. 11964
(631')`45`1'-900'9 (631) 749-3338
`
East Hampton Town Receiver of Taxes { Smithtown Town Receiver of Taxes;9• , _ _
3b0 Pantigo Place x 99 West Main Street
'East Hampton, N.Y. 11937 ' Smithtown, N.Y. 11787
(631) 324-2770 (631) 360-7610
Huntington Town Receiver of Taxes Southampton Town Receiver of Taxes
100 Main,Street 116 Hampton Road
Huntington, N.Y. 11743 : Southampton, N.Y. 11968
(631) 351-3217 (631) 283-6514
4 I6lip-Town7Receiver of Taxes Southold Town Receiver of Taxes
40 Nassau Avenue 53095 Main Street
Islip,,.,N.Y. 117.51- Southold, N.Y. 11971
(631) 224-5580 (631) 765-1803
Sincerely,
Judith A. Pascale
Suffolk County Clerk
{
12-0104..06/06kd
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
5th day of December, 2017 at Southold, New York. The parties are MILL
LANE ONE, LLC with an address at c/o Eugene and Maryann Krupski; 2230
Soundview Avenue, Mattituck, New York 11952 (herein called `Grantor"),
and the TOWN OF SOUTHOLD, a municipal corporation, having its principal
office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959
(herein called ""Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as
SCTM #1000-107-10-9 more fully described in SCHEDULE ""A" attached
hereto and made a part hereof and hereinafter referred to as the ""Property"
and shown on the survey prepared by Nathan Taft Corwin III Land Surveyor,
dated October 28, 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/or open space; and
WHEREAS, the Property is currently planted in sod, with a vegetated
area on the southeasterly corner of the property; and
WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as
adopted by the Town Board, Town of Southold, and §272-a of the New York
State Town Law (""Town Law") to protect environmentally sensitive areas,
preserve prime agricultural soils, to protect the scenic, open space character
of the Town and to protect the Town's resort and agricultural economy; and
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WHEREAS, the Property in its present scenic and agricultural condition
has substantial and significant value as an aesthetic and agricultural
resource since it has not been subject to any substantial development; and
WHEREAS, Grantor and Grantee recognize the value and special
character of the region in which the Property is located, and Grantor and
Grantee have, in common, the purpose and objective of protecting and
conserving the present state and inherent, tangible and intangible values of
the Property as an environmental, natural, scenic, agricultural, and aesthetic
resource; and
WHEREAS, Grantee has determined it to be desirable and beneficial
and has requested Grantor, for itself and its successors and assigns, to grant
a Development Rights Easement to Grantee in order to restrict the further
development of the Property while permitting compatible uses thereof;
NOW THEREFORE, in consideration of ONE MILLION SIX HUNDRED
ONE THOUSAND NINE HUNDRED NINETY AND 00/100 DOLLARS
($1,601,990.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule "A" annexed hereto
and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
2
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 as set forth in Stewart Title Insurance Company Title Report #ST17-
30552, 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,
3
yY
agricultural, and aesthetic resources and otherwise to aid in identifying and
documenting such values as of the date hereof, to assist Grantor and
Grantee with monitoring the uses and activities on the Property and ensuring
compliance with the terms hereof, Grantee has prepared, with Grantor's
cooperation, an inventory of the Property's relevant features and conditions
(the "Baseline Documentation"). This Baseline Documentation includes, but
is not limited to a survey prepared by Nathan Taft Corwin III Land Surveyor,
dated October 28, 2017, and a Phase 1 Environmental Site Assessment
dated August 23, 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
4
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the New York State Agriculture and Markets Law
("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future restrictions in said laws and/or Code or limitation in
the definitions set forth in said laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other purposes. Land that is in agricultural production,
including land in a fallow or otherwise idled manner, is not "Lawn."
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the
holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, or fencing necessary for agricultural operations or to mark the
boundaries of the Property, including without limitation fencing to keep out
predator animals, including deer. Approvals for those items listed in the
preceding sentence shall be as required by applicable provisions of the Town
Code.
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
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word 'Grantor and/or
Grantee" when used herein shall include all of those persons or entities.
ARTICLE TWO
SALE
GRANTOR, for ONE MILLION SIX HUNDRED ONE THOUSAND NINE
HUNDRED NINETY AND 00/100 DOLLARS ($1,601,990.00) 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
„
require the prior written consent of Grantee, including but not limited to
review by the Land Preservation Committee.
3.03 Subdivision
Except as provided in this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any other applicable State
or local law. "Subdivision” shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot
lines between the Property and adjacent parcels, or subdivide the Property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
conservation instrument.
Notwithstanding this Section 3.03, upon the death of Grantor, the
underlying fee interest may be divided by conveyance of parts thereof to
Grantor's executor, trustee, heirs or next of kin by will or 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 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 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.
7
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. The Property may not be used for the creation or placement of
utilities to service any other properties.
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.
Hunting is permitted on the Property provided it does not interfere
with agricultural production and is conducted in accordance with agricultural
management practices.
8
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.
4.02 Possession
Grantor shall continue to have the right to exclusive possession of the
Property.
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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,
livestock and livestock products as defined in §301(2)(a)-(j) of the
Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future restriction in said laws and/or Code or limitation in
10
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 Town of Southold Land
Preservation Committee, provided the improvements are consistent with and
do not derogate from or defeat the Purpose of this Easement or other
applicable laws:
(i) Underground facilities used to supply utilities solely for
the use and enjoyment of the Property;
(ii) New construction, including drainage
improvement structures, provided such structures are
necessary for, incidental and/or accessory to
agricultural production;
(iii) Renovation, maintenance and repairs of any
existing structures or structures built or permitted
pursuant to this Section 4.06, provided the primary
purpose of the structure remains agricultural.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, open space and scenic vistas, and
otherwise be consistent with the Purpose of this Easement.
11
t
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
D. Replacement of Improvements. In the event of damage resulting
from casualty loss to an extent which renders repair of any existing
improvements or improvements built or permitted pursuant to this Section
4.06 impractical, erection of a structure of comparable size, use, and general
design to the damaged structure shall be permitted in kind and within the
same general location, subject to the review and written approval of
Grantee, pursuant to applicable provisions of the Town Code.
4.07 Notice
Grantor shall notify Grantee, in writing, before the construction of any
permanent or temporary structures as permitted in Section 4.06 herein and
shall file all necessary applications and obtain all necessary approvals that
may be required by this Easement or by the Town Code, and shall provide
documentation as may be required for such applications.
4.08 Alienability
Grantor shall have the right to convey, mortgage or lease all of its
remaining interest in the Property, but only subject to this Easement.
Grantor shall promptly notify Grantee of any conveyance of any interest in
the Property, including the full name and mailing address of any transferee,
and the individual principals thereof, under any such conveyance. The
instrument of any such conveyance shall specifically set forth that the
interest thereby conveyed is subject to this Easement, without modification
or amendment of the terms of this Easement, and shall incorporate this
Easement by reference, specifically setting for the date, office, liber and
page of the recording hereof. The failure of any such instrument to comply
with the provisions hereof shall not affect Grantee's rights hereunder.
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
12
such further restrictions shall be consistent with and in furtherance of the
general intent and purpose of this Easement as set forth in Section 0.03.
ARTICLE FIVE
GRANTOR'S OBLIGATIONS
5.01 Taxes and Assessments
Grantor shall continue to pay all taxes, levies, and assessments and
other governmental or municipal charges, which may become a lien on the
Property, including any taxes or levies imposed to make those payments,
subject, however, to Grantor's right to grieve or contest such assessment.
The failure of Grantor to pay all such taxes, levies and assessments and
other governmental or municipal charges shall not cause an alienation of any
rights or interests acquired herein by Grantee.
5.02 Indemnification
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or
any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, arising from injury due to the physical
maintenance or condition of the Property caused by Grantor's actions or
inactions, or from any taxes, levies or assessments upon it or resulting from
this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any of those
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors.
13
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 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 ten (10) days'
notice thereof by Grantee (which notice requirement is expressly waived by
Grantor with respect to any such breach, default or violation which, in
Grantee's reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the purposes of
this Easement), Grantee shall have the right at Grantor's sole cost and
expense and at Grantee's election:
14
(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 ten (10) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered by hand or by certified mail, return receipt requested, with
sufficient prepaid postage affixed and with return receipts requested. Mailed
notice to Grantor shall be addressed to Grantor's address as recited herein,
or to such other address as Grantor may designate by notice in accordance
with this Section 6.04. Mailed notice to Grantee shall be addressed to its
principal office recited herein, marked to the attention,of the Supervisor and
the Town Attorney, or to such other address as Grantee may designate by
notice in accordance with this Section 6.04. Notice shall be deemed given
and received as of the date of its manual delivery or three business days
after the date of its mailing.
15
J
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE SIX
shall not have the effect of waiving or limiting any other remedy or relief,
and the failure to exercise or the delay in exercising any remedy shall not
constitute a waiver of any other remedy or relief or the use of such other
remedy or relief at any other time.
6.06 Extinguishment of Easement/Condemnation
At the mutual request of Grantor and Grantee, a court with jurisdiction
may, if it determines that conditions surrounding the Property have changed
so much that it becomes impossible to fulfill the Purpose of this Easement
described in Section 0.03, extinguish or modify this Easement in accordance
with applicable law. The mere cessation of farming on the Property shall not
be construed to be grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken or
condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect to the
Property, or portions thereof so taken or condemned, and the Property shall
not be subject to the limitations and restrictions of this Easement. In such
event, the Grantor, its successors or assigns, shall not be required to pay
any penalties, but the value of the Property shall reflect the limitations of
this Easement. Any condemnation award payable to the Grantor shall be in
proportion to the value attributable to the residual agricultural value of the
Property. If the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall be
payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
MISCELLANEOUS
7.01 Entire Understanding
This Easement contains the entire understanding between its parties
concerning its subject matter. Any prior agreement between the parties
concerning its subject matter shall be merged into this Easement and
superseded by it.
16
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 such 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.
17
7.04 Severability
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement that is determined to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective.
7.05 Governing Law
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.06 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement.
7.08 Warranties
18
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.10 Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee
has accepted and received this Grand of Development Rights Easement on
the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
MILL LANE ONE, LLC, Grantor
By: MI(I ail
MAR ANN KRUPSKI, Authorized Agent
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY: 1..0 ,/0�U,14 04��64 9 el
Scott A. Russell, Supervisor
19
r '
STATE OF NEW YORK)
COUNTY OF SUFFOLK), SS.
On the��day of December in the year 2017 before me, the undersigned, personally
appeared Maryann Krupski 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(fes), and that by his/her/their signature(s) on the instrument, the
individual(s), or the person upon behalf of which the individuals) acted, executed the
instrument.
Signatur%fce of individual taking acknowledgement
PATRICIA L. FALL014
Notary Public, State Of New York
No. 01 FA4950146
Qualified in Suffolk County
Commission Expires April 24, o10 r 9
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS.
On this Today of December 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 names) is (are) subscribed
to the within instrument and acknowledged to me that he/she/they executed the same
in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,
the individual(s), or the person upon behalf of which the individual(s) acted, executed
the instrument.
Signatur%fce of individual taking acknowledgement
PATRICIA L. FALLON
Notary Public, State Of New York
No. 01 PA4950146
Qualified In Suffolk Count
Commission Expires April 24, Z19
20
stewart title Title Number: ST17-30552
SCHEDULE A—DESCRIPTION
REVISED 11/27/2017
(As to Development Rights Easement Area):
ALL that tract of land or parcel of land, lying and being at Mattituck, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at the corner forming the intersection of the southeasterly side of Wickham Avenue (Old
Middle Road)with the northeasterly side of Mill Lane, distant the following two(2) courses and distances:
1. Northeasterly along an are of a curve bearing to the right having a radius of 614.83 feet, a length of
156.34 feet;
2. North 58 degrees 25 minutes 20 seconds East, 163.68 feet to the place of beginning,
RUNNING THENCE North 58 degrees 25 minutes 20 seconds East 363.13 feet;
THENCE RUNNING along lands now or formerly of the Town of Southold(Development Rights)and
lands now or formerly of the County of Suffolk the following four(4)courses and distances:
1. South 34 degrees 59 minutes 40 seconds East, 455.34 feet;
2. South 34 degrees 46 minutes 10 seconds East, 396.48 feet;
3. South 34 degrees 13 minutes 10 seconds East, 208.50 feet;
4. South 33 degrees 29 minutes 00 seconds East, 550.86 feet to the northwesterly side of Middle Road
C.R. 48 (North Road);
THENCE along said road the following two (2)courses and distances:
1. Southwesterly along an are of a curve bearing to the right having a radius of 1902.16 feet, a length of
311.11 feet;
2. South 46 degrees 03 minutes 10 seconds West, 365.08 feet to the northeasterly end of a corner forming
the intersection of the northwesterly side of Middle Road C.R. 48 (North Road)with the northeasterly
side of Mill Lane;
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to
any streets and roads abutting the above described premises to the center lines thereof.
-Schedule A Description(Page 1 of 2)-
stewart two Title Number: ST17-30552
RUNNING THENCE northwesterly along said corner having a radius of 50.00 a length of 88.04 feet;
THENCE along the northeasterly side of Mill Lane North 33 degrees 03 minutes 29 seconds West,
1314.31 feet;
THENCE North 56 minutes 56 minutes 31 seconds East, 318.74 feet,
THENCE North 33 degrees 03 minutes 29 seconds West, 409.06 feet to the point or place of BEGINNING.
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FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of, in and to
any streets and roads abutting the above described premises to the center lines thereof.
-Schedule A Description(Page 2 of 2)-
I
S(JRVEY OF PROPERTY
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TOWN OF SOUTHOLD
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ALTA Owner's Policy(6-17-06)
POLICY OF TITLE INSURANCE ISSUED BY
�7t insurance
cotitle mpany
y
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,STEWART TITLE INSURANCE COMPANY,a New York corporation, (the"Company")insures,as of Date of Policy and,to the
extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or
incurred by the insured by reason of:
1. Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from
(a) A defect in the Title caused by
(i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation;
(ii) failure of any person or Entity to have authorized a transfer or conveyance;,
(iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered;
(iv) failure to perform those acts necessary to create a document by electronic means authorized by law
(v) a document executed under a falsified,expired,or otherwise invalid power of attorney
(vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic
means authorized by law;or
(vii) a defective judicial or administrative proceeding.
(b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid.
(c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an
accurate and complete land survey of the Land. The term"encroachment'includes encroachments of existing improvements located
on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)
restricting,regulating,prohibiting,or relating to
(a) the occupancy,use,or enjoyment of the Land;
(b) the character,dimensions,or location of any improvement erected on the Land;
(c) the subdivision of land;or
(d) environmental protection
if a notice,describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to
the extent of the violation or enforcement referred to in that notice.
6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the
enforcement action,describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred
to in that notice.
7. The exercise of the rights of eminent domain if a notice of the.exercise,describing any part of the Land,is recorded in the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge.
Countersigned:
c LL-�
Julie Curlen
President
hcir' ,ad Uffiic o Agent ,.e
Stewart Title Insurance Company Denise carraux
New York, New York Corporate Secretary
Part 1 of
Policy
Serial No. 0-8911-775777
If you want information about coverage or need assistance to resolve complaints,please call our toll free number. 1-800-433-0014 If you make a claim under your
policy,you must fumish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htto//www.StewartNewyork com
File No.: ST17-30552
a
COVERED RISKS(Continued)
9. Title being vested other than as stated in Schedule A or being defective (i) to be timely,or
(a) as a result of the avoidance in whole or in part,or from a court order (ii) to impart notice of its existence to a purchaser for value or to a
providing an alternative remedy,of a transfer of all or any part of the judgment or lien creditor.
title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included
vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has
constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy
bankruptcy,state insolvency,or similar creditors'rights laws;or and prior to the recording of the deed or other instrument of transfer in the
(b) because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A.
Schedule A constitutes a preferential transfer under federal The Company will also pay the costs,attorneys'fees,and expenses incurred in
bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent
reason of the failure of its recording in the Public Records provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at
and the Company will not pay loss or damage, costs, attorneys' fees, or Date of Policy,but Known to the Insured Claimant and not disclosed
expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date
1. (a), Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy;
those relating to building and zoning)restricting,regulating,prohibiting,or (c) resulting in no loss or damage to the Insured Claimant;
relating to (d) attaching or created subsequent to Date of Policy (however, this
(i) the occupancy,use,or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk
(ii) the character, dimensions, or location of any improvement 9 and 10);or
erected on the Land; (e) resulting in loss or damage that would not have been sustained if
(iii) the subdivision of land;or the Insured Claimant had paid value for the Title.
(iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state
or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors' rights laws, that the transaction vesting
regulations. This Exclusion 1(a)does not modify or limit the coverage provided the Title as shown in Schedule A,is
under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer;or
(b) Any governmental police power. This Exclusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of
modify or limit the coverage provided under Covered Risk 6. this policy.
2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by
coverage provided under Covered Risk 7 or 8. governmental authority and created or attaching between Date of Policy
3. Defects,liens,encumbrances,adverse claims,or other matters and the date of recording of the deed or other instrument of transfer in the
(a) created,suffered,assumed,or agreed to by the Insured Claimant; Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS Insured named in Schedule A for estate planning
The following terms when used in this policy mean: purposes.
(a) "Amount of Insurance": The amount stated in Schedule A, as (ii) With regard to(A),(B),(C),and(D)reserving,however,all
may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company
increased by Section 8(b),or decreased by Sections 10 and 11 would have had against any predecessor Insured.
of these Conditions. (e) "Insured Claimant": An Insured claiming loss or damage.
(b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive
Schedule A. knowledge or notice that may be imputed to an Insured by
(c) "Entity": A corporation, partnership, trust, limited liability reason of the Public Records or any other records that impart
company,or other similar legal entity. constructive notice of matters affecting the Title.
(d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed
(i) The term"Insured"also includes improvements that by law constitute real property. The term
(A) successors to the Title of the Insured by operation of "Land" does not include any property beyond the lines of the
law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, title, interest,
devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads,avenues, alleys,
next of kin, lanes,ways, or waterways, but this does not modify or limit the
(B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by
consolidation,distribution,or reorganization; this policy.
(C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other
kind of Entity; security instrument, including one evidenced by electronic
(D) a grantee of an Insured under a deed delivered means authorized by law.
without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at
conveying the Title Date of Policy for the purpose of imparting constructive notice of
(1) if the stock,shares,memberships,or other equity matters relating to real property to purchasers for value and
interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public
named Insured, Records"shall also include environmental protection liens filed
(2) if the grantee wholly owns the named Insured, in the records of the clerk of the United States District Court for
(3) if the grantee is wholly-owned by an affiliated the district where the Land is located.
Entity of the named Insured, provided the affiliated (j) `Title": The estate or interest described in Schedule A.
Entity and the named Insured are both wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent
by the same person or Entity,or matter that would permit a prospective purchaser or lessee of
(4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Title to be released from the obligation
created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition
requiring the delivery of marketable title.
J[Page 2 Serial No.: 0-8911-775777
File No.: ST17-30552
CONDITIONS(Continued)
2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or
The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful
in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or
estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If
purchase money Mortgage given by a purchaser from the Insured,or the Company is prejudiced by the failure of the Insured to
only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to
in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any
continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any
(i)an estate or interest in the Land,or(ii)an obligation secured by a litigation, with regard to the matter or matters requiring such
purchase money Mortgage given to the Insured. cooperation.
(b) The Company may reasonably require the Insured Claimant to
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized
The Insured shall notify the Company promptly in writing(i)in case of representative of the Company and to produce for examination,
any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places
case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the
title or interest that is adverse to the Title,as insured,and that might Company, all records, in whatever medium maintained,
cause loss or damage for which the Company may be liable by virtue including books,ledgers,checks,memoranda,correspondence,
of this policy, or (Iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a
Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to
Insured Claimant to provide prompt notice,the Company's liability to the loss or damage. Further, if requested by any authorized
the Insured Claimant under the policy shall be reduced to the extent representative of the Company,the Insured Claimant shall grant
of the prejudice. its permission, in writing, for any authorized representative of
the Company to examine,inspect,and copy all of these records
4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain
In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as
or damage,the Company may,at its option,require as a condition of confidential by the Insured Claimant provided to the Company
payment that the Insured Claimant furnish a signed proof of loss. pursuant to'this Section shall not be disclosed to others unless,
The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in
other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant
of loss or damage and shall state,to the extent possible,the basis of to submit for examination under oath, produce any reasonably
calculating the amount of the loss or damage. requested information,or grant permission to secure reasonably
necessary information from third parties as required in this
5. DEFENSE AND PROSECUTION OF ACTIONS_ subsection,unless prohibited by law or governmental regulation,
(a) Upon written request by the Insured, and subject to the options shall terminate any liabilityof the Company under this policy as
contained in Section 7 of these Conditions,the Company,at its to that claim.
own cost and without unreasonable delay, shall provide for the
defense of an Insured in litigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY
This obligation is limited to only those stated causes of.action In case of a claim under this policy, the Company shall have the
alleging matters insured against by this policy. The Company following additional options:
shall have the right to select counsel of its choice(subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay
right of the Insured to object for reasonable cause)to represent or tender payment of the Amount of Insurance under this policy
the Insured as to those,stated causes of action. It shall not be together with any costs, attorneys'fees,and expenses incurred
liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company
Company will not pay any fees,costs,or expenses incurred by up to the time of payment or tender of payment and that the
the Insured in the defense of those causes of action that allege Company is obligated to pay Upon the exercise by the
matters not insured against by this policy. Company of this option, all liability_ and obligations of the
(b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make
contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate,
institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or
other act that in its opinion may be necessary or desirable to continue any litigation.
establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured
damage to the Insured. The Company may take any or With the Insured Claimant.
appropriate action under the terms of this policy,whether or not (i) To pay or otherwise settle with other parties for or in the
it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against
shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any
this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the
subsection,it must do so diligently. Insured Claimant that were authorized by the Company up
(c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated
as required or permitted by this policy, the Company may to pay;or
pursue the litigation to a 1inal determination by a court of (ii) To pay or otherwise settle with the Insured Claimant the
competent jurisdiction, and it expressly reserves,the right, in its loss or damage provided for under this policy, together
sole discretion,to appeal any adverse judgment or order. with any costs, attorneys'fees, and expenses incurred by
the Insured Claimant that were authorized by the Company
6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is
(a) In all cases where this policy permits or requires the Company obligated to pay.
to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options
proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's
Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss
action or proceeding,including the right to use,at its option,the or damage,other than the payments required to be made,shall
name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend,
the Company, the Insured, at the Company's expense, shall prosecute,or continue any litigation.
give the Company all reasonable aid (i) in securing evidence,
Fpage'
3 Serial No.: 0-8911-775777
File No.: ST17-30552
CONDITIONS(Continued)
S. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does
This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company
damage sustained or incurred by the Insured Claimant who has shall defer the exercise of its right to recover until after the
suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recovered its loss.
policy. (b) The Company's,right of subrogation includes the rights of the
(a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties, other policies of insurance,
this policy shall not exceed the lesser of or bonds, notwithstanding any terms or conditions contained in
(i) the Amount of Insurance;or those instruments that address subrogation rights.
(ii) the difference between the value of the Title as insured
and the value of the Title subject to the risk insured 14. ARBITRATION
against by this policy. Either the Company or the Insured may demand that the claim or
(b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title
Conditions and is unsuccessful in establishing the Title, as Insurance Arbitration Rules of the American Land Title Association
insured, ("Rules"). Except as provided in the Rules,there shall be no joinder
(i) the Amount of Insurance shall be increased by 10%,and or consolidation with claims or controversies of other persons
(ii) the Insured Claimant shall have the right to have the loss Arbitrable matters may include,but are not limited to,any controversy
or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or
made by the Insured Claimant or as of the date it is settled relating to this policy, any service in connection with its issuance or
and paid. the breach of a policy provision,or to any other controversy or claim
(c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving rise to this policy. All arbitrable
Company will also pay those costs, attorneys' fees, and matters when the Amount of Insurance is$2,000,000 or less shall be
expenses incurred in accordance with Sections 5 and 7 of these arbitrated at the option of either the Company or the Insured. All
Conditions. arbitrable matters when the Amount of Insurance is in excess of
$2,000,000 shall be arbitrated only when agreed to by both the
9. LIMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and
(a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon
defect, lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s) may be entered in any court
access to or from the Land,or cures the claim of Unmarketable of competent jurisdiction.
Title, all as insured, in a reasonably diligent manner by any
method,including litigation and the completion of any appeals,it 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE
shall have fully performed its obligations with respect to that CONTRACT
matter and shall not be liable for any loss or damage caused to (a) This policy together with all endorsements, if any,attached to it
the Insured. by the Company is the entire policy and contract between the
(b) In the event of any litigation, including litigation by the Insured and the Company. 'In interpreting any provision of this
Company or with the Company's consent, the Company shall policy,this policy shall be construed as a whole.
have no liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the
determination by a court of competent jurisdiction, and Title or by any action asserting such claim shall be restricted to
disposition of all appeals,adverse to the Title,as insured. this policy.
(c) The Company shall not be liable for loss or damage to the (c) Any amendment of or endorsement to this policy must be in
Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person,or expressly
any claim or suit without the prior written consent of the incorporated by Schedule A of this policy. '
Company. (d) Each endorsement to this policy issued at any time is made a
part of this policy and is subject to all of its terms and
10. REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly states, it
LIABILITY does not(i)modify any of the terms and provisions of the policy,
All payments under this policy, except payments made for costs, (ii)modify any prior endorsement,(iii)extend the Date of Policy,
attorneys'fees,and expenses,shall reduce the Amount of Insurance or(iv)increase the Amount of Insurance.
by the amount of the payment.
16. SEVERABILITY
11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held
The Amount of Insurance shall be reduced by any amount the invalid or unenforceable under applicable law, the policy shall be
Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid,
exception is taken in-Schedule B or to which the Insured has agreed, but all other provisions shall remain in full force and effect.
assumed,or taken subject,or which is executed by an Insured after
Date of Policy and which is'a charge or lien on the Title, and the 17. CHOICE OF LAW;FORUM
amount so paid shall be deemed a payment to the Insured under this (a) Choice of Law: The Insured acknowledges the Company has
policy. underwritten the risks covered by this policy and determined the
premium charged therefore in reliance upon the law affecting
12. PAYMENT OF LOSS interests in real property and applicable to the interpretation,
When liability and the extent of loss or damage have been definitely rights, remedies,or enforcement of policies of title insurance of
fixed in accordance with these Conditions, the payment shall be the jurisdiction where the Land is located.
made within 30 days. Therefore, the court or an arbitrator shall apply the law of the
v jurisdiction where the Land is located to determine the validity of
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to
(a) Whenever the Company shall have settled and paid a claim interpret and enforce the terms of this policy. In neither case
under this policy,it shall be subrogated and entitled to the rights shall the court or arbitrator apply its conflicts of law principles to
of the Insured Claimant in the Title and all other rights and determine the applicable law.
remedies in respect to the claim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by
against'any person or property,to the extent of the amount of the Insured against the Company must be filed only in a state or
any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories
Company. If requested by the Company,the Insured Claimant having appropriate jurisdiction.
shall execute documents to evidence the transfer to the
Company of these rights and remedies. The Insured Claimant 18. NOTICES,WHERE SENT
shall permit the Company to sue, compromise, or settle in the Any notice of claim and any other notice or statement in writing required to
name of the Insured Claimant and to use the name of the be given to the Company under this policy must be given to the Company at
Insured Claimant in any transaction or litigation involving these Claims Department at 300 East 42"d St,10'h Floor,New York,NY 10017
Page 4. Serial No.: 0-8911-775777
File No.: ST17-30552
i
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE A
File No.: ST17-30552 Policy No.: 0-8911-775777
Amount of $1,601,990.00
Insurance:
Date of December 5,2017
Policy:
1. Name of Insured:
Town of Southold
2. The estate or interest in the Land that is insured by this policy is:
Easement
3. Title is vested in:
Town of Southold who acquired title by Development Rights Easements from Mill Lane One,LLC.,a New
York Limited Liability Company dated 12/5/2017 to be duly recorded in the Suffolk County Clerk's Office.
4. The Land referred to in this policy is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
Section: 107.00 Block: 10.00 Lot: p/o 009.000
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE A DESCRIPTION
File No.: ST17-30552 Policy No.: 0-8911-775777
(As to Development Rights Easement Area):
ALL that tract of land or parcel of land,lying and being at Mattituck,in the Town of Southold,County of Suffolk and
State of New York,bounded and described as follows:
BEGINNING at the corner forming the intersection of the southeasterly side of Wickham Avenue(Old Middle Road)
with the northeasterly side of Mill Lane,distant the following two(2)courses and distances:
1. Northeasterly along an arc of a curve bearing to the right having a radius of 614.83 feet, a length of 156.34 feet;
2. North 58 degrees 25 minutes 20 seconds East, 163.68 feet to the place of beginning;
RUNNING THENCE North 58 degrees 25 minutes 20 seconds East 363.13 feet;
THENCE RUNNING along lands now or formerly of the Town of Southold(Development Rights)and lands now or
formerly of the County of Suffolk the following four(4)courses and distances:
1. South 34 degrees 59 minutes 40 seconds East,455.34 feet;
2. South 34 degrees 46 minutes 10 seconds East,396.48 feet;
3. South 34 degrees 13 minutes 10 seconds East,208.50 feet;
4. South 33 degrees 29 minutes 00 seconds East, 550.86 feet to the northwesterly side of Middle Road C.R.48 (North
Road);
THENCE along said road the following two (2)courses and distances:
1. Southwesterly along an arc of a curve bearing to the right having a radius of 1902.16 feet, a length of 311.11 feet;
2. South 46 degrees 03 minutes 10 seconds West,365.08 feet to the northeasterly end of a corner forming the
intersection of the northwesterly side of Middle Road C.R.48 (North Road)with the northeasterly side of Mill Lane;
RUNNING THENCE northwesterly along said corner having a radius of 50.00 a length of 88.04 feet;
THENCE along the northeasterly side of Mill Lane North 33 degrees 03 minutes 29 seconds West, 1314.31 feet;
THENCE North 56 minutes 56 minutes 31 seconds East, 318.74 feet;
THENCE North 33 degrees 03 minutes 29 seconds West,409.06 feet to the point or place of BEGINNING.
ALTA OWNER'S POLICY(6/17/06)
SCHEDULE B
PARTI
File No.: ST17-30552 Policy No.: 0-8911-775777
This policy does not insure against loss or damage(and the Company will not pay costs,attorneys' fees or expenses)that
arise by reason of-
1.
f:1. (As to Development Rights Easement Area):
Survey exceptions as shown on survey covering premises and more made by Nathan Taft Corwin III,last dated
10/28/2017(Job Number 37-188):
a. Subject to the rights of the utility companies to utility poles,guy wires,overhead wires along record lines;
b.Hedge row varies along part of northeasterly line;
c.Edge of pavement extends onto Wickham Avenue and Middle Road C.R.48 and Mill Lane;
d.Guard rail varies along southeasterly line;
e.Curbing extends,onto•Middle Road C.R.48.
2. Policy excepts covenants,conditions,*as emel and agreements set forth in Development Rights Easement made by•
and between Town•of Southold-and Mill Lane One,LLC,a New York Limited Liability Company to be duly
recorded in the Suffolk County Clerk's Office.
3. Rights of tenants or parties in possession,if any.
STEWART TITLE
INSURANCE COMPANY
HEREIN CALLED THE COMPANY
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
Title No.: ST17-30552 Date of Issue: December 5,2017
ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-775777
1. The following is added as a Covered Risk:
"l 1. 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.
DATED: December 5,2017 /� f
Countersigned By: -1 Su y' Julie Carlen
Presiden.t
pori ed Ofl'sc o Agent Der115e. arraux
Corporate Secrefary
Stewart Title Insurance Company
300 East 42nd St.,10th Fl
New York,New York 10017
STANDARD NEW YORK ENDORSEMENT(7/01/12)
FOR USE WITH ALTA OWNER'S POLICY(6-17-06)
e
stewart
po� Real partners.Read, 0,,sSjbi/ities.T1-"
DICE
INVOICE NUMBER: 31747 DATE: 12/1/2017
TITLE NO.: 1730552 TITLE CLOSER: Fallon,Pat
APPLICANT/CLIENT: Southold Town-Dept.of Land CLOSING DATE/TEM E: 12/5/2017 2:00 PM
Preservation CLOSING LOCATION: Land Preservation Department/Town
LENDER'S ATTORNEY: NONE Hall Annex/Melissa Spiro
SELLER'S ATTORNEY: Moore&Moore 54375 Main Road 2nd Fl
OWNER'S POLICY NO: . 0-8911-775777 Southold NY 11971
PROPERTY ADDRESS: 6300 Wickham Avenue TRANSACTION TYPE: Development Rights
Mattituck NY SALES PRICE: $1,601,990.00
District: 1000 Section:107.00 Block:10.00 Lot:p/o COUNTY: Suffolk
009.000 PROP TYPE: Vacant
PURCHASER/BORROWER: Town of Southold
SELLER(S): Mill Lane One,LLC
.;ir - -wYaf?t s�x"umR`�`,��y�y'T:?�`t;�;Fl.`" ,?i"c'z= :"�,'`-`.. -":r�;•�= - :',-r='�-:='p.,.. -
.•5*,-. - _ a, r.,�_;> Vic- =� ..�rt'p'•� i; .-t, -' - ,��:�:r,�.'3::, '�t���: :; •'r,�;- - - - - �•xr;-„
PREMIUM: n�w7. 'P ,._ .,
Fee Insurance(Liability Amount:$1,601,990.00 $6,711.00 $6,711.00
ENDORSEMENTS:
SEARCH FEES-.
RECORDING FEES:xxx
(Please add$5 for each add'1 pg if greater than pg count
shown
Recording Fees $505.00 $505.00
Development Rights Easement w/TP-584(Est 25 pgs)
$430.00
NOTE: Fee(s)above is/are estimated.Please add$5 for
each add'l page or subtract$5 for each page,if less than shown.
Certified Copy of Development Rights Easement$75.00
TAXES: RANSFER/MANSION/MORTGAGE
NYS Transfer Tax(usually paid by seller) - NOTE:
PENALTIES&INTEREST WILL ACCRUE IF NOT
RECEIVED BY NYS DT&F WrrR N 15 DAYS OF DATE
OF DELIVERY.($6,408.00)
EXEMPT See Exem tion claimed on Transfer Form
Peconic Bay Regional Town Transfer Tax($30,539.80)
EXEMPT See Exemption claimed on Transfer Form
ADDITIONAL:
SUBTOTAL: $7,216.00 $7,216.00 $0.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $7,216.00 $7,216.00 $0.00 $0.00
RECEIPTS
DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT:
*Taxable at 8.625%.
**Party responsible for payment
***Amount includes Stewart's Recording Service Charge
NEW YORK METRO
800-853-4803
212-922-1593 fax 711 Westchester Avenue-Suite 302 300 East 42nd Street,10th Floor 100 Motor Parkway,Suite 150
Stewartnewyork.cOm White Plains,NY 10604 New York,NY 10017 Hauppauge,NY 11788
Page 1 of 3
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CONSUMER NOTICES AND DISCLOSURES AS REQUIRED
PURSUANT TO NEW YORK INSURANCE LAW
kalel• 15-
Date: August r,,2017
Title No.: ST17-30552
Property: 6300 Wickham Avenue
Mattituck, NY
The within Notices and Disclosures are for the purposes of compliance with New York Insurance Law and do not alter or
change the coverages, exceptions, exclusions, or conditions of the final policies issued in connection with the subject
transaction. Any person who knowingly and with intent to defraud any insurance company or other person files an
application for insurance or statement of claim containing any materially false information,or conceals for the purpose of
misleading, information concerning any fact material thereto, commits a fraudulent insurance act, which is a crime, and
shall also be subject to a civil penalty not to exceed five thousand($5,000)dollars and the stated value of the claim for
each such violation.
THIS REPORT IS NOT A TITLE INSURANCE POLICY. PLEASE REVIEW THIS REPORT WITH
A REAL ESTATE PROFESSIONAL REPRESENTING YOUR INTEREST IN THIS TRANSACTION.
PLEASE READ IT CAREFULLY. THE REPORT MAY SET FORTH EXCLUSIONS UNDER THE
TITLE INSURANCE POLICY AND MAY NOT LIST ALL LIENS, DEFECTS, AND
ENCUMBRANCES AFFECTING TITLE TO THE PROPERTY. YOU SHOULD CONSIDER THIS
INFORMATION CAREFULLY.
Buyer/Borrower
Initials:
NEW YORK METRO
800-853-4803
914-997-1698 tax 711 Westchester Avenue,Suite 302 300 East 42nd Street,10th FI 100 Motor Parkway,Ste.150
stewart.cominymetro White Plains,NY 10604 New York,NY 10017 Hauppauge,NY 11788
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title insurance company
CONSUMER ACKNOWLEDGMENT OF TITLE INSURANCE
PREMIUMS,FEES,AND SERVICE CHARGES
This Memorandum must be attached to all final invoices.
Date: 12/1/2017
Title No.: 1730552
Property: 6300 Wickham Avenue ,Mattituck NY
I/We acknowledge that Uwe have reviewed the premium calculations,fees,and service charges
being charged to me/us. I/We acknowledge that these charges have been explained to me/us and
that Uwe understand them as set forth on this Memorandum.
NOTE:All buyers,borrowers, sellers and lenders, or their authorized representative(s)are required
to sign this Memorandum of Acknowledgment pursuant to New York State Insurance Law.
REQUIRED SIGNATURES:
Buyer/Borrower: Seller:
-roWW Op 15"QUT7 Lb
zp
Signature Signature
Print Name in Full Print Name in Full
Signature Signature
Print Name in Full Print Name in Full
Signature Signature
Print Name in Full Print Name in Full
Lender:
Signature,Title
Print Name in Full:
Title:
CLOSING STATEMENT
MILL LANE ONE, LLC
to TOWN OF SOUTHOLD
part of SCTM #1000-107.-10-9
Total Development Rights Easement— 24.646 acres
Total Parcel Acreage— 27.646 acres
Reserve Area — 3.0 acres
Premises: 6300 Wickham Avenue, Mattituck, New York
Closing took place on Tuesday, December 5, 2017
at 2:00 p.m., Southold Town Hall Annex
Purchase Price of $1,601,990.00 (based upon 24.646 acres buildable acres
@ $65,000 per buildable acre) disbursed as follows:
Payable to Eugene & Maryann Krupski $ 1,601,990.00
Check #134312 (12/5/2017)
Expenses of Closing:
Appraisal
Payable to Lawrence Indimine Consulting Corp $ 2,500.00
Check#128581 (5/17/2016)
Survey
Payable to Nathan T. Corwin III Land Surveyor Inc $ 3,500.00
Check#134323 (12/5/2017)
Environmental Report (Phase I ESA)
Payable to Cashin Technical Services, Inc. $ 1,200.00
Check#133436 (9/12/2017)
Title Report #ST17-30552
Payable to Stewart Title Insurance Company $ 7,216.00
Check #134350 (12/5/2017)
Title insurance policy $ 6711
Recording easement $ 430
Certified copy of easement $ 75
Title Closer Attendance Fee
Payable to Patricia Fallon $ 150.00
Check #134293 (12/5/2017)
Those present at Closing:
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
Eugene Krupski, Managing Member Seller— Mill Lane One, LLC
Maryann Krupski Seller— Mill Lane One, LLC
Patricia C. Moore, Esq. Attorney for Sellers
Patricia Fallon Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Sr Administrative Assistant
TOWN OF SOUTHOLD
VENDOR'1 .03244 EUGENE ;& MARYANN KRUPSKI 12/05/2017 CHECK 134312
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 120517 KRUPSKI-24,.646A DEV RG 1,601,990.00
TOTAL 1,601,990.00
is ii to fa, ,1r.al;€ Vit?
4
F� f
TOWN OF SOUTHOLD AUDIT 12/05/17 _
53095-MAIN ROAD,PO BOX 1179 '
$OUTHOLD,-NY'11971-0959 - - CHECK NO. 13431.2
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 DATE AMOUNT
5p-s46i214 -1'2/05/2017 ;$1,_601,990.00
-_ONE"MILLION SIX'HUNDRED ONE- THOUSA_ND'N_INE, HUNDRED' N'INETY'AND 00/100,'DOLLARS
i oyQg1 FFITLx ,
PAY EUGENE & MARYANN KRUPSKI
TO 777E 2230 -SOUNDVIEW-AVENUE
ORDER_ MATTITUCK NY, 11952"
ii' 134312 us 1:0 2 140 54641: 63 000004 Oils
Lawrence Indimine Consulting Corp. Invoice
PO Box 1453 Date Invoice#
Smithtown, NY 11787
4/24/2016 768
(631) 979-2735
Bill To
Town of Southold
Department of Land Preservation
PO Box 1179
Southold,NY 11971-0959
Description Amount
Appraisal of Real Property of Mill Lane One,LLC 2,500.00
Located 6300 Wickham AVenue,Mattituck,NY
SCTM#1000-107-10-9
File#16039
�UKELli _. a
•;_
MAY - 52016
DEPT GF LAND
Thank you for your business.
Total $2,500.00
TOWN OF SOUTHOLD
I
VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/17/2016 CHECK 128581
FUND & ACCOUNT- r P.O.# INVOICE DESCRIPTION AMOUNT
r
CM .8660.2.500.200 29045 7617 APPRAISAL-P.KRUPSKIr 2,000.00
CM .8660.2.500.200 29044 768 APPRAISAL-E.KRUPSKI 2,500.00
1
TOTAL , 4,500.00 !
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NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. Invoice
P.O. BOX 16
Jamesport, New York 11947 Date Invoke#
Office Location:
1586 Main Road, Jamesport NY 1121/2017 9229
Phone#631-727-2090 Fax# 631-727-1727
Bill To
Town of Southold
Land Preservation Dept.
P.O.Box 1179
Southold,New York 11971
Att:Melissa Spiro
Job# Client: Terms S.C.Tax Lot No.
37-188 Krupski 30 DAYS 1000-107-10-09
Description Amount
Survey 3,500.00
1R'EC 5lE'DD `
NOV 2 7 2017
Total $3,500.00
DEPT.OF LAND
PRESCRV"si 1-01 P
Payments/Credits $000
A service charge of 2%per month will be charged on balances 90 days past due
• Balance Due $3,500.00
TOWN OF SOUTHOLD
VENDOR 013975 NATHAN T CORWIN III 12/05/2017 CHECK 134323
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 30863 9229 MILL ONE SURVEY 3,500.00
TOTAL 3,500.00
4-
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TOWN OF SO Um '
53095MAINROAD;PbBO�C7N/9,; :AUDIT 12/05/17
i - sounloLD,NY'I�s7-10959 CHECK' NO.' "Z34323
_ i
CUTCHOGUE,NY 1THE SUFFOLK T935 NAL BANK DATE AMOUNT "
5,9-5 6%2f4 12./Q`5/2017 3;'SQ0.0'0 r
THREE' TFiDL7EAND F6M HUNDRED-AND IQ Q'/1 d 0-D0 1LA12S
BY NATHAN T CORWI_N III
LAND.-SURVEYOgEY_PR I14C.
i IRDER FO BoX+�6
,i JAMESP ORT NY 11947 y�
1343 2 3u 1:0 2 140 54641: 63 000004
.,t
J
Cashin Technical Services, Inc.
1200 Veterans Memorial Hwy . Hauppauge . NY . 11788
631.348.2600 phone f 631.348.7601 fax
Melanie Doroski
Town of Southold
Town Hall Annex
PO Box 1179 August 22, 2017
Southold, NY 11971-0959 Project No: 17CTS.011
Invoice No: 817001 C
Phase I Environmental Site Assessment for property located at 6300 Wickham Avenue, Mattituck, NY
SCTM 1000-107.-10-9
Professional Services from August 8 2017 to August 22, 2017
Fee 1,200.00
Total this Invoice $1,200.00
AUG 2 4 2017
f
DEPT OF LAND
• - •ate• - .-�.''w`-`ti• y. .' �.k.'•—® .- - ',�'nE: •- j i
TOrWN OF SO UTHOLD
VENDOR 003086 CASHIN TECHNICAL SERVICES, INC 09/12/2017 CHECK 133436 •,•r
AI
FUND & AU
COUNT P.-O.# INVOICE DESCRIPTION AMOUNT
-
CM .8660.2.600.100 30864 817001C PHS 1 ESA-MILL LANE ONE 1,200.00
t TOTAL 1,200.00 ".
F-Y•!tlar"
r7. `tet -`4`J••,, vt
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TOWNOFSOUTHOLD•'- ktiT,..o9/i253095 MAIN ROAD,PO 80X'1179'-SOUTHOID;NYi�s» - CHECK"NO
THE SUFFOLK CO NATIONAL BANk `AMO.
•-!' CUTCHOGUE,NY 11935 ;DATE:' _ _
09%]2%2`07;:.
_ - = 50 546/214 ` -
_ -- - .0 ,boljL'AR
'0
ONE-THOi7SAND. T,WO'-'HUNDRED`'AiJD' /100-
- - -_- - -, '. '` - = --.1-1'-- - =:•- . � _6 '-_ -511FFDL-K` _ _ ,:r'-•=�'•• _.. - , = _- - -_ � -
p,qy CP.SHIN'-TECHNICALr SERVICES,_ _INC o: =� i•,
TO_THE = rn 1 _ _ � - -
;� 1200'VETE RANS-,MEMQRIAI�,'HIGHV7AY 'o �' a '
•ORDER-_ TAUpPAUGE'NY=1.1788• ;, • , __ "y�j =a0�
;v u= 1:0 2 14 0 5;, t33 00000'" 0r: - 01
ste art t9tl((E�
Real partners,Real possibiAtles.T'•'
INVOICE
INVOICE NUMBER: 31747 DATE: 11/27/2017
TITLE NO.: 1730552 TITLE CLOSER: Fallon,Pat
APPLICANT/CLIENT: Southold Town-Dept.of Land CLOSING DATE/TIME: 12/5/2017 2:00 PM
Preservation CLOSING LOCATION: Land Preservation Department/Town
LENDER'S ATTORNEY: NONE Hall Annex/Melissa Spiro
SELLER'S ATTORNEY: Moore&Moore 54375 Main Road 2nd Fl
PROPERTY ADDRESS: 6300 Wickham Avenue Southold NY 11971
Mattituck NY TRANSACTION TYPE: Development Rights
District 1000 Section 107.00 Block 10.00 Lot-p/o SALES PRICE: $1,601,990 00
009 000 COUNTY: Suffolk
PROP TYPE: Vacant
PURCHASER/BORROWER: Town of Southold
SELLER(S): Mill Lane One,LLC
�7."f• "a:t.k,� .!' .�.Z.^�_4i� iFjs't..sx °�' .[.vL` . 5�f_':.:`? �$�l ',:i' zi��s..',!� ! 5;:;,�r .y�:� v� .4-«ti:i
r.
PREMIUM:
Fee Insurance(Liability Amount:$1,601,990 00) $6,711.00 $6,711.00
ENDORSEMENTS:
SEARCH FEES:
RECORDING FEES:**�
(Please add$5 for each add'I pg if greater than pg count
shown
Recording Fees $505.00 $505.00
Development Rights Easement w/TP-584(Est 25 pgs)
$430.00
NOTE- Fee(s)above is/are estimated.Please add$5 for
each add'I page or subtract$5 for each page,if less than shown.
Certified Copy of Development Rights Easement$75 00
TAXES:(TRANSFER/MANSION/MORTGAGE)
NYS Transfer Tax(usually paid by seller) - NOTE-
PENALTIES&INTEREST WILL ACCRUE IF NOT
RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE
OF DELIVERY ($6,408.00)
EXEMPT See Exemption claimed on Transfer Form
Peconic Bay Regional Town Transfer Tax($30,539 80) **
EXEMPT See Exemption claimed on Transfer Form
ADDITIONAL:
SUBTOTAL: $7,216.00 $7,216.00 $0.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $7,216.00 $7,216.00 $0.00 $0.00
RECEIPTS
DIRECT CHECKS AMOUNT STIC CHECKS: AMOUNT
*Taxable at 8 625"/
* Party responsible for payment
***Amount includes Stewart's Recording Service Charge
NEW YORK METRO
800-853-4803
212-922-1593 fax 711 Westchester Avenue-Suite 302 300 East 42nd Street, 10th Floor 100 Motor Parkway,Suite 150
Stewartnewyork com White Plains,NY 10604 New York,NY 10017 Hauppauge,NY 11788
Page I of 3
• - i.t���' Nom.-.§: j.Y� ��.cc>.v.� ,
TOWN OF•SOUTHOLD
VENDOR 019624 STEWART TITLE INSURANCE CO. 12/05/2017 CHECK 134350
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 ST17-30552 KRUPSKI—TITLE INS POLICY 6,711.00
CM .8660.2.600.100 ST17-30552 KRUPSKI—RECORD EASEMENT 430.00
CM .8660.2.600.100 ST17-30552 KRUPSKI—CERTIFIED COPY 75.00
TOTAL 7,216.00
/ ^f j F./ •.i ti". •3.At�f�,�M�' F 17 �.r"'. 1�^.�r.
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TOWN OF SOUTHOLD AUDIT 12/05/17-
.53095 MAIN ROAD,PO BOX 1779,
SOUTHOLD,-NY 11971.0959 _ CHECK,NO. 134350
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 DATE AMOUNT
' 50-546/214 "12/65/2017' ' '$7,216.00
SEVEN= THOUSAND TWO HUNDRED SIXTEEN' RND 00'/100 DOLLARS
PAY STEWA,RT TITLE_INSURANCE CO.
TQ THE;'_ 711 WESTCHESTER, AVE;, SUITE -3 02 `"�. j
ORDER-
OF
, WHITE- PLAINS;NY.1060'4' Is
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118134360il' 1:0 2 140 54641: 63 000004 0111
Van
TOWN OF SOUTHOLD
VENDOR 006013 PATRICIA FALLON 12/05/2017 CHECK 134293
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.600.100 ST17-30552 KRUPSKI-TITLE CLOSER FEE 150.00
TOTAL 150.00
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TOWN OFSOUTHOLD �-AUDIT 12/05/17
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD,,-NY11971-0959 = CHECK NO. 134293 _
THE SUFFOLK CO.NATIONAL'BANK
CUTCHOGUE,NY 11935 1 DATE AMOUNT
s0•5461214 12/0b/2017 $150.00
ONE HUNDRED FIFTY AND 00/:'00 DOLLARS
,qy PATRICIA. FALLON
T -THE 40 WHITE OAK-LANE vw• ,� - ����
ORDER SOUTHAMPTON _NY 11968
11' L34 293us i:0 2 L405464l: 63 000004 01''
S�FF01,� OFFICE LOCATION:
MELISSA A.SPIRO 0�,� COG Town Hall Annex
LAND PRESERVATION COORDINATOR �.Z. .f,� 54375 State Route 25
melissaspiro@town.southold.ny.us .G (comer of Main Rd&Youngs Ave)
co = Southold,New York
Telephone(631)765-5711 y.
Faesunile(631)765-6640 • MAILING ADDRESS:
www.southoldtownny.gov y�0( , ��� P O Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Supervisor Russell Tax Assessors
Town Board Building Department
Town Clerk Land Management
Land Preservation Committee Town Comptroller
Town Attorney Planning Board
Public Works Peconic Land Trust
Suffolk Co Division of Real Estate The Nature Conservancy
From: Melissa Spiro, Land Preservation Coordinator
Date: December 5, 2017
Re: MILL LANE ONE. LLC to TOWN OF SOUTHOLD
Part of SCTM#1000-107.-10-9
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: 6300 Wickham Avenue, Mattituck
SCTM#: part of 1000-107.-10-9
PROPERTY OWNER: Mill Lane One, LLC
CONTRACT DATE: July 19, 2017
PURCHASE DATE: Closing took place on December 5, 2017
PURCHASE PRICE: $1,601,990.00(24.646 acres @$65,000/buildable acre)
EASEMENT ACREAGE: 24.646 acres
TOTAL PARCEL ACREAGE: 27.646 acres
RESERVE AREA ACREAGE: 3.0 acres in northwesterly corner includes existing house& barns
ZONING: Agricultural-Conservation (A-C)Zoning District
FUNDING: Community Preservation Fund (2%)