HomeMy WebLinkAboutCarnation Properties (2) I� F
OFFICE LOCATION:
MELISSA A. SPIRO S0(/jy Town Hall Annex
LAND PRESERVATION COORDINATOR ��� OHO 54375 State Route 25
melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue)
Southold, New York
Telephone(631)765-5711
Facsimile(631)765-6640 '.�t►�� �Q MAILING ADDRESS
�COU NT1,� P.O. Box 1179
Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
�ECEIVdED
To: Elizabeth A. Neville Nov 1 9 2018
Town Clerk
From: Melanie Doroski Southold Town Clerk t. _
Sr. Administrative Assistant
Date: November 15, 2018
Re: CARNATION PROPERTIES. INC.to TOWN OF SOUTHOLD
Development Rights Easement— 51.63 acres
SCTM #1000-109.-1-10.3
Premises: 23195 NYS Route 25, Cutchogue
Betty:
Enclosed for safekeeping in your office, please find the following documents:
• Certified'Copy of Grant of Development Rights Easement dated July 31, 2018 between
Carnation Properties, Inc. and the Town of Southold, recorded•in the Suffolk County Clerk'•s '
office on 10/23/2018, in Liber D00012984 at Page 159
• Title insurance policy#7404-000766 issued by Fidelity National Title Insurance�Company-
on July 31, 2018, in the insured amount of$3,214,847.70
• Certified Copy of Declaration of Covenants and Restrictions dated July 31, 2018 made by
Carnation.Properties, Inc. and recorded in the Suffolk County Clerk's office on 10/23/2018,
in Liber D00012984 at Page 160
• Closing Statement
• Closing Memo
Thank you.
Melanie
encs.
cc: Assessors w/ copy of recorded easement & survey
CC# : C18-48094
l a�"7'FnC. •
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Recordthereof do hereby certify that I have compared the annexed with the original
EASEMENT
recorded in my office on 10/23/2018 under Liber D00012984 and Page 159 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 10/29/2018
SUFFOLK COUNT/Y� CLERK
JUDITH A.PASCALE
SEAL
I IIIIIII IIII-IIIII'IIIII VIII VIII VIII VIII VIII IIII II II
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASEMENT Recorded: 10/23/2018
Number of Pages: •23 At: 10 :21 : 04 AM
Receipt Number : 18-0198948
TRANSFER TAX NUMBER: 18-09760 LIBER: D00012984
PAGE : - 159
District: Section: Block: Lot:
1000 109. 00 01 . 00 010 .003
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $3,241,847 .70
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $115 . 00 NO Handling $20 .00 NO
COE $5 . 00 NO NYS SRCHG, $15 .00 NO
TP-584 $5 . 00 NO Notation $0 .00 NO-
Cert.Copies $0 .00 NO RPT $200 . 00 NO
Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO
Fees Paid $360 . 00
TRANSFER TAX NUMBER: 18-09760
THIS PAGE IS. A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
F117
Number of pages �'r'=s=' 'I.D
20118 Oct 2,7 102_1-04 'Qtq
CL RK O
This document will be public SILIFFOLF COUNTY
record. Please.remove all L.i,!O00129,_.z
Social Security Numbers r' 159
prior to recording. [-TO 18-09-1760
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Page/Filing Fee Mortgage Amt.
1. B asic Tax
- Handling 20. 00 2. Additional Tax
TP-584 Sub Total
Notation Spec./Assit.
or
EA-52 17 (County) Sub Total Spec./Add.
EA-5217 (State) TOT.MTG.TAX
R.P.T.S.A.
'��� Dual Town Dual County
Held for Appointment
Comm. of Ed. 5. 00 Transfer Tax
Affidavit ,,,ti,.�� Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15. 00 family dwelling only.
Sub Total � YES or NO
Other 2 JCS
Grand Total J `J r i If NO, see appropriate tax clause on
page# of this AtmInt.
/O coo ---
4 Dist. 3693417 1.000 1.0900 0100 010003 5 Community Prese ati=Fund4
Real Property PTS II��IIIII�IIII��IIIIII I Consideration Amount $
Tax Service R VIT A
Agency 15-AUG-1 CPF Tax Due $
Verification _
Improved
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address
RECORD &RETURN TO: Vacant Land
TD
1—� 'c' - o ) 1 '7 TD
.fl L TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information
310 Center Drive, Riverhead, NY 11'901 Co.Name Fidelity Title Ins. services
www.suffo[kcountyny.gov/clerk Title# --? '-) - ,p ®.0-7 CA (n
8
Suffolk -County Recording & Endorsement Pa2e
This page forms part of the attached Fe --- ,,
made by:
(SPECIFY TYPE OF INSTRUMENT)
�oP€ 1`1 The premises herein is situated in
C . SUFFOLK COUNTY,NEW YO
TO In the TOWN of
6 W 'b ��v�}1,a L"C) In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12-0104 10/aekk
(over) '
c
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
31st day of July, 2018 at Southold, New York. The parties are CARNATION
PROPERTIES, INC. with an address at c/o MCH Group, LLC, 575 Madison
Avenue, Floor 10, Suite 149, New York, New York 10022-2511 (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
1,1971-0959 (herein called "Grantee").
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-109-1-10.1 more fully described in SCHEDULE "A" attached
hereto and made a part he and hereinafter referred to as the "Property"
and shown on the survey prepared by Peconic Surveyors, P-C, dated
November 20, 2014 and last revised July 11, 2018 (a reduced copy of which
is attached hereto and made a part hereof and hereinafter referred to as the
"Survey")?and
WHEREAS, the Property is located in the A-C Zoning District of the
Town of Southold; and
WHEREAS, the Property contains soils classified as Class I and:Class II
worthy of conservation as identified by the United States Department of
Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New
York; and
WHEREAS, the Property is part of the New York State Agricultural
District #1, and the Grantor wishes to continue using the Property for
agricultural production as defined in this-Easement; and
WHEREAS, the Property is currently planted in a cover crop, with the
exception of small wooded areas in the central portion 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,
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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
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 THREE MILLION TWO HUNDRED
FORTY-ONE THOUSAND EIGHT HUNDRED FORTY-SEVEN AND 70/100
DOLLARS ($3,241,847.70) and other good and valuable consideration paid ,
to-the Grantor, the receipt 'of which is hereby acknowledged, the Grantor
does hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, in gross, which shall be binding upon and
shall restrict the premises shown and designated as the Property herein,
more particularly bounded and described on Schedule '"A" annexed hereto
and made a part of this instrument.
TO HAVE AND TO HOLD said Development Rights Easement and the
rights and interests in connection with it and as hereinafter set forth with
respect to the Property unto the Grantee, its successors and assigns forever,
reserving, however, for the direct use and benefit of the Grantor, its legal
representatives, successors and assigns, the fee title to the property, and
the exclusive right of occupancy and of use of the Property, subject to the
limitations, condition, covenants, agreements, provisions and use
restrictions hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantor, for itself, and for and on behalf of its legal
representatives, successors and assigns, hereby covenants and agrees as
follows:
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0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens as set forth in Fidelity National Title Insurance Services, LLC Title
Report #7404-000766, 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,
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agricultural, and aesthetic resources and otherwise to aid in identifying and
documenting such values as of the date hereof, to assist Grantor and
Granteevith 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 Peconic Surveyors, P.C., dated
November 20, 2014 and last revised July 11, 2018, and a Phase 1
Environmental Site Assessment dated June 22, 2018 by Nelson, Pope &
Voorhis, LLC.
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 notte 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
4
I
"Town Code" or "Code") now, or as they may be amended, and including the
production of crops, livestock and livestock products as defined in
§301(2)(a)-(j) of the New York State Agriculture and Markets Law
("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be
amended, provided said amended provisions are inherently similar in nature
to those crops, livestock and livestock products included as of the date of
this Easement. No future restrictions in said laws and/or Code or limitation in
the definitions set forth in said laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
"Improvement" shall mean any addition to raw land, such as
structures, fences, wells or drainage.
"Lawn" shall mean an area of land on which grasses or other durable
plants are grown and maintained at a short height and principally used for
aesthetic or other purposes. Land that is in agricultural production,
including land in a fallow or otherwise idled manner, is not "Lawn."
"Riding Academy" shall mean a business use of a lot for any of the
following purposes: the letting of horses for hire to individuals or groups
whether supervised or unsupervised, horseback riding instruction or the
holding of horse shows or other equine events.
"Structure" shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, posts and wiring, farm irrigation systems,
nursery mats, or fencing necessary for agricultural operations or to mark the
boundaries of the Property, including without limitation fencing to keep out
predator animals, including deer. Approvals for those items listed in the
preceding sentence shall be as required by applicable provisions of the Town
Code.
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.
5
The word "Grantor" when used herein shall include all of those persons or
entities. Any rights, obligations, and interests herein granted to Grantor
and/or Grantee shall also be deemed granted to each and every one of its
subsequent agents, successors, and assigns, and the word "Grantor and/or
Grantee" when used herein shall include all of those persons or entities.
ARTICLE TWO
SALE
GRANTOR, for of THREE MILLION TWO HUNDRED FORTY-ONE
THOUSAND EIGHT HUNDRED AND FORTY-SEVEN AND 70/100 DOLLARS
($3,241,847.70) 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
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connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
review by the Land Preservation Committee.
3.03 Subdivision
Except as provided in, this Section 3.03, the Property may not be
further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the
Real Property Law, as they may be amended, or any other applicable State
or local law. "Subdivision" shall include the division of the portion of the
Property from which the development rights are acquired into two or more
parcels, in whole or in part.
Grantor may, subject to approval by the Planning Board of the Town of
Southold and as otherwise required by applicable law, modify or alter lot
lines between the Property and adjacent parcels, or subdivide the Property,
provided that all resulting parcels contain at least 10 acres of preserved
agricultural land subject to a development rights easement or other
conservation instrument.
Notwithstanding this Section 3.03, upon the 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.
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3.06 Utilities
The creation or placement of overhead utility transmission lines, utility
poles, wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to §4.06 shall be prohibited without
the prior written consent of the Grantee. Underground utilities must, to the
extent possible, be constructed within 30 feet of the centerline of any roads
or driveways, and may be used solely to service the permitted structures on
the Property or adjoining properties which are subject to a development
rights easement or other conservation instrument. 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.
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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
the definitions set forth in said laws and/or Code shall preclude a use that is
permitted under the current law and/or Code.
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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 or adjoining properties
subject to development rights easement or other conservbtion
instrument;
(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.
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
11
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
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.
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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 resultin,g�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, ail 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.
5.04 Transfer of Ownership
Notwithstanding any obligation of or indemnity by Carnation
Properties, Inc., Grantor in this Agreement, such obligation or indemnity
shall cease as to Carnation Properties, Inc. upon it's transfer or ownership of
the Property by Carnation Properties, Inc. to McCall Family Holdings, LLLP,
the contract vendee, as to any acts or omissions occurring after such
transfer.
13
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property annually 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 forty five (45)
days' notice thereof by Grantee, weather.permitting, (which notice
requirement is expressly waived by Grantor with respect to any such breach,
default or violation which, in Grantee's reasonable judgment, requires
immediate action to preserve and protect any of the agricultural values or
otherwise to further the purposes of this Easement), Grantee shall have the
right at Grantor's sole cost and expense and at Grantee's election:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
14
t
(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 forty five (45) 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
i
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 Property Owner 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.
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
17
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 oFany 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 affect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall it be interpreted
to grant, to the public, any right to enter upon the Property, or to use
images of the Property. Grantee may use images of the Property only for
non-commercial reporting of this Easement. -
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
18
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:
CARNATIO PROP�EiRTIES, INC., Grantor
By:— �'C
Cathy Ikin Miller, President
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
BY:
Scott . Russell, Supervisor
19
STATE OF NEW YORK)
COUNTY OF NEW YORK), SS••
On the day o0u/y in the year 2018 before me, the undersigned,personally
appeared Cathy Ne/kin Mi/ler,personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within
instrument and acknowledged to me that she executed the same in her capacity, and that
by her signature on the instrument, the individual, or the person upon behalf of which the
individual acted, executed the instrument.
Signatur%fce orindividu king acknowledgement
bCn1,,t11 _ Unsc"r-6
DANIELLE UNGARO
NOTARY PUBLIC-STATE OF NEW YORK
No- 01UN6233358
STATE OF NEW YORK ) Qualified in Nassau County
COUNTY OFSUFFOLK ) S$• My Commission Expires December 27, c►$
S�
On this day of July in the year 2018 before me, the undersigned,
personally appeared Scott A. 'Russe/% personally known to me or proved to me on the
basis of satisfactory evidence to be the individual whose name is subscribed to the
w/thin instrument and acknowledged to me that he executed the same in his capacity,
and that by his signature on the instrument, the individual, or the person upon behalf of
which the individual acted, executed the instrument.
Signat r%ice ofi- 'o ua/ akmg a now/edgement
MICHELLE L. TOMAStEWSKI
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 T061566 71
Qualified In Suffolk County
My Onmmlulon Explre8 1YOVOM10+r 27,2018
20
v�
Development Rights Easement Area:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly corner of
land now or formerly of Pellegrini Holdings LLC from said point of beginning along said land Pellegrini
Holdings LLC, the following five courses and distances:
1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet, thence
2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet;thence
3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet; thence
4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet; thence
5. North 27 degrees 43 minutes 25 seconds West, 869.74 feet to land now or formerly of JB Tut Holdings
LLC;
RUNNING,THENCE, along said lands, North 27 degrees 54 minutes 50 seconds West, 2113.31 feet to
land or formerly of the Long Island Railroad;
RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East, 523.26
'feet to land or formerly of WW Farms LLC;
RUNNING THENCE along last mentioned the following five courses and distances, to wit:
1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet;thence
2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet; thence
3. South 29 degrees 51 minutes 10 seconds East, 417.10 feet; thence
4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet; thence
5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet;
RUNNING THENCE South 60 degrees 55 minutes 50 seconds West 199.48 feet;
RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly line of
Main Road;
RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds
West, 146.66 feet to the point or place of BEGINNING. '
SURVEY OF PROPERTY
AT CUTCHOGUE
\ TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
1000-109-01-10.1
\ SCALE 1=100'
CULTIVATED NOV M8ER 20,2014
• FIELD JUNE 21,2018
\g JULY 9,2018
o�
CULTIVATED
FIELD \\
CULTIVATED ¢y \\
FIELD
4
OEVLLOPMENT RIGHTS
EASEMENT AREA—5163 ACRE,
4 T
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IS CULTIVATED
>� FIELD \ TOWN OF TO
McCALL FAMILY
CARNATION PROPERTIES,INC
tL1'6\g9A/0A POS \T I -+3 ri \,,
FIDELITY NATIONAL LTITLESINSURANCE SERVICES,LLC
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r..w m-..•nm...Ar Nc maass m,.r DEVELOPMENT ROHTS EAEUENT AREA-5161 ACHES
arvAmnr r rcwrwA vc a:rnCtitm r0 rMw 88 RESERVE AREA W4 ACHEXI
rorAi-53A7 ACRES
A G7S lIG N J9GIB
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ia�imao Wry 14-118
f' ,
ALTA OWNER'S POLICY OF TITLE INSURANCE
Policy Number:
Issued By:
Fidelity National Title 7404-000766
Insurance Company
Any notice of claim and any other notice or statement in writing required to be given to the Company under this
Policy must be given to the Company at the address shown in Section 18 of the Conditions.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California 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.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as q
of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owner's Policy(06/17/2006) Printed 07 27 18 @ 09 22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
FIDELITY NATIONAL TITLE INSURANCE GOMPA,NY UvVNER'S POLICY NO. 7404-000766
7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in
the Public Records.
8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without
Knowledge.
9. Title being vested other than as stated in Schedule A or being defective
(a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer
of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in
Schedule A because that,prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,
state insolvency, or similar creditors' rights laws; or
(b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under
federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the
Public Records
(i) to be timely, or
(ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor.
10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been
created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the
recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by
this Policy, but only to the extent provided in the Conditions.
IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and
sealed by its duly authorized officers.
Fidelity National Title Insurance Company
Issuing Office:
Fidelity National Title Insurance Services, LLC By:
24 Commerce Drive ✓�r"`= �M••.
Riverhead, NY 11901 !
Tel: (631)727-0600 Fax: (631)727-0606
President
ttil.E /�
Countersigned By:, , Attest:
�--- SEAL o
J D
�O
Authorized Officer or Agent Secretary
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
-O-T-
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(06/17/2006) Pnnted 07 27 18 @ 09.22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
`
FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-000766
SCHEDULE
July 31, 2018 $3,241,847.70
1. Name ofInsured:
Town of Southold
2. The estate orinterest inthe Land that ioinsured bythis Policy is:
Development Rights
3. Title iovested in:
Town of Southold
Grant ofDevelopment Rights-Easement made byCarnation Properties, Inc. dated July 31. 2O18boberecorded-in
u"e,ou"v=°"" *»^.e.~"Office.
4. The Land referred tointhis Policy isdescribed oofollows:
See Schedule A(ConUnuad). following.
'
copvnm
nAmvn�mLonuru� � �u �
� ovvAll rights reserved.
sAMERICAN
�-10N
The use mthis Form(or derivative m mrestricted mALTA licensees and ALTA members mgood standing uo
v,the date o,use All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owner's Policy(0m1ncovs) Printed or.:1`v@`o**am
wv'FT-FnvH'01030.*31004-spa'27306'1'18-7*04-000766
' e
SCHEDULE A
(Continued)
Amended 7/12/2018
ALL that certain plot, piece or parcel of land,situate, lying and being at Cutchogue, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly corner of
land now or formerly of Pellegrini Holdings LLC from said point of beginning along said land Pellegrini
Holdings LLC, the following five courses and distances:
1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet, thence
2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet; thence
3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet; thence
4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet; thence
5. North 27 degrees 43 minutes 25 seconds West, 869.74 feet to land now or formerly of JB Tut Holdings
LLC;
RUNNING THENCE, along said lands, North 27 degrees 54 minutes 50 seconds West, 2113.31 feet to
land or formerly of the Long Island Railroad;
RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East, 523.26
feet to land or formerly of WW Farms LLC;
RUNNING THENCE along last mentioned the following five courses and distances, to wit:
1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet;thence
2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet; thence
3. South 29 degrees 51 minutes 10 seconds East, 417.10 feet; thence
4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet; thence
5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet;
RUNNING THENCE South 60 degrees 55 minutes 50 seconds West 199.48 feet;
RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly line of
Main Road;
RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds
West, 146.66 feet to the point or place of BEGINNING.
For Conveyancing Only
Together with all right, title and interest of, in and to any streets and roads abutting the above described
premises. Our Policy of Title Insurance includes such buildings and improvements thereon which by law
constitute real property, unless specifically excepted therein.
END OF SCHEDULE A
4N ERICA
Copyright American Land Title Association. All rights reserved. LAND T11 It
ASSOCIAVOP4
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited Reprinted under license from the American Land Title Association.
ALTA Owner's Policy(06/17/2006) Pnnted• 07 27.18 @ 09:22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-00
0766
FIDELITY NATIONAL TITLE INSURANCE COMPANY OWNER'S POLICY NO. 7404-000766
SCHEDULE B
EXCEPTIONS FROM COVERAGE
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. Company excepts sewer charges that have not been specifically included on the tax report herein.
2. Survey made by Peconic Surveyors, P.C. last updated July 9, 2018 covers more property than is to be insured.
As to portion to be insured survey shows:
Cultivated field; dirt road; pump and well; dirt road at variation with Northerly and Easterly record lines; tree line at
variation with Westerly and Easterly record line;fence up to 4.4 feet West and 2.4 feet East of Westerly record
line.
3. Subject to the right of others to use and maintain dirt road.
END OF SCHEDULE B
AME
Copyright American Land Title Association. All rights reserved. I.E nnEFICAN
ASSO r ON
The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as lk
of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owner's Policy(0611712006) Printed 07 27 18 @ 09.22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
STANDARD NEW YORK ENDORSEMENT
(OWNER'S POLICY)
Attached to and made a part of
Policy Number:
Issued By:
Fidelity National Title 7404-000766
Insurance Company
1. The following is added as a Covered Risk:
"11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or
which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy."
2. Exclusion Number 5 is deleted, and the following is substituted:
5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental
authority and created or attaching between Date of Policy and the date of recording of the deed or other
instrument of transfer in the Public Records that vests Title as Shown in Schedule A.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv)increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: July 31, 2018
Countersigned By:
�� . —
Authorized Signatory
Standard New York Endorsement(11/1/08) Printed- 07.27.18 @ 09 22 AM
For use with ALTA Owner's Policy(6/17/06) NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
POLICY AUTHENTICATION ENDORSEMENT
Attached to and made a part of
Policy Number:
Issued By:
0 Fidelity National Title 7404-000766
Insurance Company
When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability
under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were
issued electronically or lack signatures in accordance with the Conditions.
This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and
provisions of the policy, (ii) modify any prior endorsements, (iii)extend the Date of Policy, or (iv)increase the Amount of
Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of
this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of
the policy and of any prior endorsements.
Fidelity National Title Insurance Company
Dated: July 31, 2018
Countersigned By:
Authorized Signatory
TIRSA Policy Authentication Endorsement(6/24116) Printed 07 27.18 @ 09.22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
FIDELITY NATIONAL TITLE INSURANCE COMPANY L-WNER'S POLICY NO. 7404-000766
EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage,costs,attorneys'fees,or
expenses that arise by reason of-
1 (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating, prohibiting,or
relating to
(i) the occupancy,use,or enjoyment of the Land;
(ii) the character,dimensions,or location of any improvement erected on the Land,
(iii) the subdivision of land;or
(iv) environmental protection;
or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the
coverage provided under Covered Risk 5.
(b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6.
2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8.
3. Defects,liens,encumbrances,adverse claims,or other matters:
(a) created,suffered,assumed,or agreed to by the Insured Claimant;
(b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in
writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy;
(c) resulting in no loss or damage to the Insured Claimant;
(d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and
10);or
(e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title.
4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title
as shown in Schedule A,is
(a) a fraudulent conveyance or fraudulent transfer,or
(b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy.
5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and
the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A.
CONDITIONS
1. DEFINITION OF TERMS
The following terms when used in this policy mean:
(a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by
Section 8(b),or decreased by Sections 10 and 11 of these Conditions.
(b) "Date of Policy": The date designated as"Date of Policy"in Schedule A.
(c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity.
(d) "Insured": The Insured named in Schedule A.
(i) The term"Insured"also includes
(A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors,
personal representatives,or next of kin;
(B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization;
(C) successors to an Insured by its conversion to another kind of Entity;
(D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title
(1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured,
(2) if the grantee wholly owns the named Insured,
(3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured
are both wholly-owned by the same person or Entity,or
(4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in
Schedule A for estate planning purposes.
(ii) With regard to(A), (B), (C),and(D)reserving, however,all rights and defenses as to any successor that the Company would have had
against any predecessor Insured.
(e) "Insured Claimant": An Insured claiming loss or damage.
(f) "Knowledge"or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public
Records or any other records that impart constructive notice of matters affecting the Title.
AMERICAN
Copyright American Land Title Association. All rights reserved. IANCITIT E
ASSOCIATION
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owner's Policy(06/17/2006) Pnnted 07 27 18 @ 09 22 AM
NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766
FIDELITY NATIONAL TITLE INSURANCE COMPANY UWNER'S POLICY NO. 7404-000766
(continued)
(g) "Land": The land described in Schedule A,and affixed improvements that by law constitute real property. The term"Land"does not include
any property beyond the lines of the area described in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads,
avenues, alleys, lanes,ways,or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured
by this policy.
(h) "Mortgage": Mortgage,deed of trust,trust deed,or other security Instrument,including one evidenced by electronic means authorized by law.
(i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters
relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also
include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is
located.
Q) "Title": The estate or Interest described in Schedule A.
(k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or
lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of
marketable title.
2. CONTINUATION OF INSURANCE
The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as tho Insured retains an estate or
interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the
Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any
purchaser from the Insured of either(i)an estate or interest in the Land,or(ii)an obligation secured by a purchase money Mortgage given to the
Insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(2) of these Conditions, (ii)in case
Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or
damage for which the Company may be liable by virtue of this policy, or (Iii)If the Title, as insured, is rejected as Unmarketable Title. If the
Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the
policy shall be reduced to the extent of the prejudice.
4. PROOF OF LOSS
In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment
that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, Igen, encumbrance, or other matter Insured
against by this policy that constitutes the,basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the
loss or damage.
5. DEFENSE AND PROSECUTION OF ACTIONS
(a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and
without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this
policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy.
The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to
represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not
insured against by this policy.
(b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and
prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as Insured,
or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether
or not it shall be liable to the Insured The exercise of these rights shall not be an admission of liability or waiver of any provision of this
policy. If the Company exercises Its rights under this subsection,it must do so diligently.
(c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation
to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse
judgment or order
6. DUTY OF INSURED CLAIMANT TO COOPERATE
(a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any
appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right
to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's
expense, shall give the Company all reasonable aid (i)in securing evidence, obtaining witnesses, prosecuting or defending the action or
proceeding, or effecting settlement, and (u)in any other lawful act that in the opinion of the Company may be necessary or desirable to
establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required
cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend,
prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation.
AMERICAN
Copyright American Land Title Association. All rights reserved. LAND TITLE
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owner's Policy(06/17/2006) Pnnted 0727.18 @ 0922 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
FIDELITY NATIONAL TITLE INSURANCE COMPANY WMER'S POLICY NO. 7404-000766
(continued)
(b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the
Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the
authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda,
correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to
the loss or damage. Further,if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission,
in writing,for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a
third parry that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the
Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company,it is necessary in the
administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested
information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless
prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim.
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY
In case of a claim under this policy,the Company shall have the following additional options:
(a) To Pay or Tender Payment of the Amount of Insurance.
To pay or tender payment of the Amount of Insurance under this policy together with any costs,attomeys'fees,and expenses incurred by the
Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company Is obligated
to pay.
Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to
make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any
litigation.
(b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant.
(i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy In
addition, the Company will pay any costs, attorneys'fees, and expenses incurred by the Insured Claimant that were authorized by the
Company up to the time of payment and that the Company is obligated to pay;or
(ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs,
attomeys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that
the Company is obligated to pay.
Upon the exercise by the Company of either of the options provided for in subsections (b)(i)or(ii),the Company's obligations to the Insured
under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or
obligation to defend,prosecute,or continue any litigation.
8. DETERMINATION AND EXTENT OF LIABILITY
This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss
or damage by reason of matters insured against by this policy.
(a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of
(i) the Amount of Insurance;or
(ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy.
(b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured,
(i) the Amount of Insurance shall be increased by Ten Percent(10%),and
(il) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the
Insured Claimant or as of the date It Is settled and paid.
(c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in
accordance with Sections 5 and 7 of these Conditions.
9. LIMITATION OF LIABILITY
(a) If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or cures the lack of a right of access to or from the
Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the
completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or
damage caused to the Insured.
(b) In the event of any litigation, including litigation by the Company or with the Company's consent,the Company shall have no liability for loss
or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title,
as insured.
(c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit
without the prior written consent of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY
All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the
amount of the payment.
/,&I F RICAN
Copyright American Land Title Association. All rights reserved. EAND TITLE
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association
ALTA Owners Policy(0611712006) Pnnted 07 27 18 @ 09.22 AM
NY-FT-FRVH-01030 431004-SPS-27306-1-18-7404-000766
FIDELITY NATIONAL TITLE MURANCE COMPANY UvVNER'S POLICY NO. 7404-000766
(continued)
11. LIABILITY NONCUMULATIVE
The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in
Schedule B or to which the Insured has agreed,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 amount so paid shall be deemed a payment to the Insured under this policy.
12. PAYMENT OF LOSS
When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within
thirty(30)days.
13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT
(a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured
Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to
the extent of the amount of any loss, costs,attorneys'fees, and expenses paid by the Company If requested by the Company,the Insured
Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit
the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any
Liansaction of litigation involving these lights and remedies.
If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to
recover until after the Insured Claimant shall have recovered its loss.
(b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds,
notwithstanding any terms or conditions contained in those instruments that address subrogation rights.
14. ARBITRATION
Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance
Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with
claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company
and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any
other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two
Million and No/100 Dollars($2,000,000)or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when
the Amount of Insurance is in excess of Two Million and No/100 Dollars($2,000,000)shall be arbitrated only when agreed to by both the Company
and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by
the Arbitrator(s)may be entered in any court of competent jurisdiction.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT
(a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the
Company. In interpreting any provision of this policy,this policy shall be construed as a whole.
(b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy.
(c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by
Schedule A of this policy.
(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 provisions. Except as
the endorsement expressly states, it does not (i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsement,
(iii)extend the Date of Policy,or(iv)increase the Amount of Insurance.
16. SEVERABILITY
In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to
include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect.
17. CHOICE OF LAW; FORUM
(a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium
charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or
enforcement of policies of title insurance of the jurisdiction where the Land is located.
Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against
the Title that are adverse to the Insured and to interpret and enforce the terms of this policy In neither case shall the court or arbitrator apply
its conflicts of law principles to determine the applicable law
(b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court
within the United States of America or its territories having appropriate jurisdiction.
18. NOTICES,WHERE SENT
Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the
Company at:
Fidelity National Title Insurance Company
P.O.Box 45023
Jacksonville,FL 32232-5023
Attn: Claims Department
END OF CONDITIONS
AIME
Copyright American Land Title Association. All rights reserved. LAND TITLE
rssocuTin�.
The use of this Form (or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as
of the date of use All other uses are prohibited Reprinted under license from the American Land Title Association
ALTA Owners Policy(06/17/2006) Printed 07 27 18 @ 09.22 AM
NY-FT-FRVH-01030.431004-SPS-27306-1-18-7404-000766
CC# : C18-48095
e7f�d'cx ay`w,a,V;
k,att rkr 1
�Ffi�3 .a� y�y
COUNTY CLERK'S OFFICE
STATE OF NEW YORK
COUNTY OF SUFFOLK
I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court
of Record thereof do hereby certify that I have compared the annexed with the original
DECLARATION
recorded in my office on 10/23/2018 under Liber D00012984 and Page 160 and,
that the same is a true copy thereof, and of the whole of such original.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County
and Court this 10/29/2018
J
SUFFOLK COUNTY CLERK
JUDITH A.PASCALE
SEAL
I IIIIIII IIII VIII VIII'VIII VIII VIII VIII VIII IIII IIII
111111 VIII VIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDIING PAGE
Type of Instrument: DECLARATION Recorded: 10/23/2018
Number of Pages : 8 At: - 10 :21 :04 AM
Receipt Number : 18-0198948
LIBER: D00012984
PAGE : 160
District: Section: Block: Lot:
1000 109.00 01 .00 010 .003
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $40 .00 NO Handling $20.00 NO
COE $5 . 00 NO NYS SRCHG $15.00 NO
TP-584 $0 . 00 NO Notation $0 . 00 NO
Cert.Copies $0 . 00 NO RPT $200 . 00 NO
Fees Paid $280 .00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
A F11 7
1 egr.r
Y
Number of pages FIREC 0R'DEE,
_HADITf;
A. Fa_CA'"E
This document will be publicr_.;..t=RK O
record. Please remove all
Social Security Numbers P 160
prior to recording.
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recoding/Filing.Stamps
3 FEES
Page/Filing Fee J Mortgage Amt.
/ 1. Basic Tax
Handling 20. 00 2. Additional Tax
TP-584 ,a Sub Total
Notation Spec./Assit.
or
EA-52 17 (County) Sub Total ® Spec./Add.
EA-5217 (State) TOT.MTG.TAX
R.P.T.S.A. 2NC)
Dual Town Dual County
Held for Appointment
Comm. of Ed. 5. 00 baa Transfer Tax
+Q6 ur
Affidavit �M. Mansion Tax
The property covered by this mortgage is
Certified Copy or will be improved by a one or two
NYS Surcharge 15, 00 Sub Total �% family dwelling only.
YES or NO
Other
Grand Total , ti If NO,see appropriate tax clause on
page# of this instrument.
4 &s�� 3693418 1000 10900 0100 010003 5 Community Preservation Fund
Real Property PTS II��IIIII�uII�lllllI I�II� Consideration Amount $
Tax Service R vIT A u
Agency 15-AUG4 CPF Tax Due $
Verification
6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved
RECORD &RETURN TO: Vacant Land
C Ljj"'-J
�^ TD'
TD
19-7 TD
Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Comany Information
310 Center Drive, Riverhead, NY 11901 Co.Name Fidelity Title Ins. Services
www.suffolkcountyny.gov/clerk . Title# --7 ---f C`/ _ ,a -C� p--7 �-n lo,
8 Suffolk County Recording & Endorsement Page
This page forms part of the attached made by:
(SPECIFY TYPE OF INSTRUMENT)
-�j "PI f- I " The premises herein is situated in
C . SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of �� c
W IIJ ��vy'� In the VILLAGE
or HAMLET of
BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
12.0104.10108kk
(over)
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of the 31 st day of July, 2018, by CARNATION
PROPERTIES, INC., with an address c/o MCH Group, LLC, 575 Madison Avenue, Floor 10,
Suite 149,New York,NY 10022-2511, hereinafter referred to as the "DECLARANT.
WITNESSETH:
WHEREAS, DECLARANT is the owner of certain real property situate at 23195 NYS
Route 25, Cutchogue in the Town of Southold, County of Suffolk and State of New York
designated as SCTM#1000-109-1-10.1, and shown on a survey prepared by Peconic Surveyors,
P.C., dated November 20, 2014 and last revised July 11, 2018 (the "Survey"), a reduced copy of
which is attached hereto and made a part hereof, and described in the metes and bounds
description attached as Exhibit"A" and made a part hereof(the"Property"); and
WHEREAS,the Survey shows a Development Rights Easement Area of 51.6 acres and a
Reserve Area for 1.84 acres, both described in the metes and bounds descriptions attached as
Exhibit`B" and"C", respectively; and
WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement dated July 31, 2018 for part of SCTM#1000-109-1-10.1; and
WHEREAS, for and in consideration of the acceptance of the Grant of Development
Rights Easement, the Town Board of the Town of Southold (the"Town Board") has deemed it in
the best interests of the Town of Southold(the"Town") and the owner and prospective owners
of the Property that the within covenants and restrictions be imposed on the Property, and, as-a
condition of the acceptance of the Grant of Development Rights Easement, the Town Board has
required that the within Declaration be recorded in the Suffolk County Clerk's Office; and
WHEREAS, the DECLARANT has considered the foregoing and has,determined that
this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and
subsequent owners of the Property; and
NOW, THEREFORE, be it declared as follows:
The DECLARANT, for the purpose of carrying out the intentions above expressed does
hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be
subject to the covenants and restrictions as set forth herein,which shall run with the land and
shall be binding upon all purchasers and holders of the Property, their heirs, executors,'legal
representatives, distributees, successors and assigns, to wit:
DECLARANT shall not make an application for subdivision or separation or for
any other relief from the Town of Southold that would allow the subdivision of
the Reserve Area from the area of the Property which is subject to the Grant of
Development Rights Easement. (Uf- Sc.l,e ,4 A &+( ,(-Lne6)
q n�- SOX41(9- g
These covenants and restrictions shall be construed to be in addition to and not in
derogation or limitation upon any local, state, and federal laws, ordinances, regulations or
provisions in effect at the time of execution of this Declaration, or at the time such laws,
ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated.
These covenants and restrictions shall be enforceable by the Town of Southold, by
injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or
any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor
to impose any liability whatsoever upon the Town of Southold or any officer or employee
thereof.
If any section, subsection, paragraph, clause, phrase or provision of these covenants and
restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or
held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or
any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid,
or unconstitutional.
This Declaration is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and made a
part hereof, as though fully set forth.
This Declaration shall run with the land and shall be binding upon DECLARANT, its
successors and assigns, and upon all persons or entities claiming under them, and'may not be
annulled, waived, changed, modified,terminated, revoked or amended by subsequent owners of
the Property unless and until approved by a majority plus one vote of the Town Board of its,legal
successor, following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named has duly executed the
foregoing Declaration the day and year first above written.
CARNATION PRIOAP�ERTIES, INC.
By: ,Cathy elkin Miller, President
r
a
r'
STATE OF NEW YORK )
ss..
COUNTY OF NEW YORK)
On the a&_day of July, 2018, before me,the undersigned,personally appeared Cathy
Nelkin Miller, personally known to me or proved to me on the basis of satisfactory evidence to
be the individual whose name is subscribed to the within instrument and acknowledged to me
that she executed the same in her capacity, and that by her signature on the instrument, the
individual, or the person upon behalf of which the individual acted, executed the instrument, and
that such individual made such appearance before the undersigned.
.co_"� (&!=" "',
Notary Public
DANIELLE UNGARO
NOTARY PUBLIC-STATE OF NEW YORK
No. 01 UN6233358
Qualified In Nassau County
My Commission Expires December 21,®a8
Development Rights Easement Area:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southeasterly
corner of land now or formerly of Pellegrini Holdings LLC from said point of beginning along
said land Pellegrini Holdings LLC, the following five courses and distances:
1. North 29 degrees 41 minutes 20 seconds West, 291.25 feet,thence
2. North 29 degrees 25 minutes 50 seconds West, 1465.08 feet;thence
3. North 28 degrees 11 minutes 40 seconds West, 107.01 feet;thence
4. South 62 degrees 53 minutes 20 seconds West, 223.31 feet;thence
5- North 27 degrees 43 minutes 25.seconds West, 869.74 feet to land now or formerly of JB Tut
Holdings LLC;
RUNNING THENCE, along said lands, North 27 degrees 54minutes 50 seconds West, 2113.31
feet to land or formerly of the Long Island Railroad;
RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds East,
523.26 feet to land or formerly of WW Farms LLC;
RUNNING THENCE along last mentioned the following five courses and distances, to wit:
1. South 29 degrees 13 minutes 30 seconds East, 2037.45 feet; thence
2. South 28 degrees 23 minutes 10 seconds East, 537.08 feet;thence
3. South 29 degrees 51 minutes 10 seconds East, 417,, to feet;thence
4. South 28 degrees 38 minutes 00 seconds East, 661.97 feet;thence
5. South 29 degrees 04 minutes 10 seconds East, 787.42 feet;
RUNNING THENCE South 60 degrees 55 minutes 50 seconds West_199.48 feet;
RUNNING THENCE South 28 degrees 08 minutes 30 seconds East 407.96 feet to the Northerly
line of Main Road;
RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50
seconds West, 146.66 feet to the point or place of BEGINNING.
Reserve Area:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town
of Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the Northerly line of Main Road (NY Route 25) at the Southwesterly
corner of land now or formerly of WW Farms LLC said point being approximately 2073 feet
Southwesterly along the Northerly side of Main Road from the intersection formed by the
Northerly side of Main Road and the Southwesterly side of Alvah's Lane;
RUNNING THENCE, along the Northerly side of Main Road, South 55 degrees 28 minutes 50
seconds West, 202.29 feet;
RUNNING THENCE North 28 degrees 08 minutes 30 seconds West 407.96 feet;
RUNNING THENCE North 60 degrees 55 minutes 50 seconds East 199.48 feet to lands now or
formerly of WW Farms LLC;
RUNNING THENCE, along said lands,the following two (2) courses:
1. South 29 degrees 04 minutes 10 seconds East, 97.78 feet;thence
2. South 28 degrees 08 minutes 30 seconds East, 290.95 feet to the northerly side of Main Road
and the point and place of BEGINNING.
P
Overall Description:
ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of
Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the northerly line of Main Road (NY Route 25) at the Southeasterly corner of land now or
formerly of Pellegrini Holdings LLC; said point also being 2,421.9-5 feet more or less westerly from the corner formed by
the intersection of the northerly side of Main Road(NY Route 25) and the westerly side of Alvah's Lane;
THENCE from said point of beginning along said land of Pellegrini Holdings LLC, the following five courses and
distances:
1. North 29 degrees 41 minutes 20 seconds west,291.25 feet, thence
2. North 29 degrees 25 minutes 50 seconds west, 1465.08 feet; thence
3. North 28 degrees 11 minutes 40 seconds west, 107.01 feet;thence
4. South 62 degrees 53 minutes 20 seconds west,223.31 feet;thence
S. North 27 degrees 43 minutes 25 seconds west, 869.74 feet;to land now or formerly of.1B Tut Holdings LLC;
RUNNING THENCE along said land North 27 degrees 54 minutes 50 seconds west, 2113.31 feet to land or the Long
Island Railroad;
RUNNING THENCE along land last mentioned North 59 degrees 53 minutes 40 seconds east, 523.26,feet to land or
formerly of WM Farms LLC;
RUNNING THENCE along last mentioned lands the following six courses and distances,to wit:
1. South 29 degrees 13 minutes 30 seconds east,2037.45 feet,thence
2. South 28 degrees 23 minutes 10 seconds east, 537.08 feet;thence
3. Sotith 29 degrees 51 minutes 10 seconds east,417.10 feet;thence
4. South 28 degrees 38 minutes 00 seconds east, 661.97 feet;thence
.5. South 29 degrees 04 minutes 10 seconds east, 885.20 feet;thence
6. South 28 degrees 08 minutes 30 seconds east,290.95 feet to the northerly side of Main Road;
RUNNING THENCE along said northerly line of Main Road South 55 degrees 28 minutes 50 seconds west, 348.95 feet
to the point or place of BEGINNING. �
I
_ i
cIF N SURVEY OF PROPERTY
AT CUTCHOGUE
" TOWN OF SOUTHOLD
SUFFOLK COUNTY, N.Y.
\\ 1000-109-01-101
SCALE 1'=100'
CULTIVATED NOVEMBER 20,2014
JUNE 21,201816
FIELD JULY 9,'201`8
CULTIVATED \
FIELD \
CULTIVATED �.
FIELD
\ I
i
q � y
DEVLLOPMENT RIGHTS
` EASEMENT AREA-5163 ACRES
�yoo
g•�o �\
I �ycN �fn
YK��
N
4�
4, CULTIVATED \g
FIELD \'- CERTIFIED TO-
TOWN TI S PRO E D
N CARNATION PROPERTIES,INC
�y65 Aa PGaF' 1 ,p P ` MCOALL FAMILY"WINGS.LLLP
tJ �9°'• ,L BA I 1 \ FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC
8' NN
'k
1-0
\ W\ N-° \\
o
.5
o
\
so
v/.,"' b � s
FX.ED' FRIn
\ oti 3, 2
10, ti
B f4 \ 555 DETAIL
rur.rv"v,ur.R.1-1 1% IN, FAI)M w '"w b•`•N•
DEVELOPMENT RIGHi9 EAEMENT AREA-SM ACRES 1 P
nc4 mars rcwrwrs•wr nnrM.rcm m n.w es RESERVE AFFA- U14 ACRFB
TOTAL-53A7 ACRES
ER S1MVtYMS PG xa recr
�+• �eaq -wao rAr[cv1 rn.-rnr
eorme
soe
""p 0P°1�" rEu a,K a�..a 'ea�irxm"`�xr nc%ii[ 14—IIB
CLOSING STATEMENT
CARNATION PROPERTIES, INC.
to TOWN OF SOUTHOLD
part of SCTM #1000-109.-1-10.1
Total Development Rights Easement—51.63 acres
Total Parcel Acreage— 53.47 acres
Reserve Area — 1.84 acres
Premises: 23195 NYS Route 25, Cutchogue
Closing took place on Tuesday, July 31,..2018,-:
� at%30 a.m.`,-South'old Town Hall Arinex
---------------------------------------------------------------------------------------------------------------
Purchase Price of $ 3,241,847.70 (based upon 51.63 buildable acres @•$62,790
per buildable acre) disbursed as follows:
',-.., R,.Payable`•to'Carnation• Properties' Inc: " 3'241-,84-7.70
.Check#136542-(7;L31/2018)"'. :,
Expense s'-,;of,CIosing:•.
Appraisal.
Payable to Brunswick--Appraisal Corp. $ 2,750.00
Check#134915 (2/13/2018)
Survey
Payable to Peconic Surveyors, P.C. $ 4,580.00
Check#136459 (7/17/2018)
Environmental Report (Phase I ESA)
Payable to Nelson, Pope & Voorhis, LLC $ 1,250.00
Check #136447 (7/17/2018)
Title Report
Payable to Fidelity National Title $ 13,718.00
Check#136557 (7/31/2018)
Title insurance policy $ 12,713
Recording easement $ 535
Recording C&R's $ 450
Certified copies $ 20
$ 13,718
Title Closer Attendance Fee
Payable,to Mary,Kolakovvski" $' 150.00 -; •_ _,7,;, . .bt
Check#136580 (7/31"/2018) ,+;c'"
Those present at Closing:
:,3rLis,a Clare'Kombri'nk,._Esq. Attorney for•Town°
. David M. Curry;.Es -,q.. "' `:�' , ;�, _ ; . , .Attorn`'y for-Seller
r
'Russell-McCall-,,_ ? Fee Title Contract.Vendee °.
Abigail A.,Wickham, Esq. ,, . : Attorney for. Contract Vendee,
Mary Kolakowski:`,. t ... Title-Company Closer 3
Melissa Spiro--,, = Land Preservation Coordinator--
Melanie
oordinator-- =Melanie DoroskV k ,_;,. ;- Land Preservation Sr Adm Asst-,
Title Report
Payable to Fidelity National Title $ 13,718.00
Check #136557 (7/31/2018)
Title insurance policy $ 12,713
Recording easement $ 535
Recording C&R's $ 450
Certified copies $ 20
$ 13,718
*Refund check ($ 345)
$ 13,373
*received refund check#504009457 in the amount of$345.00 from Fidelity
National Title for excess recording fees overcharged by Suffolk County Clerk
(3/19/2020)
Title Closer Attendance Fee
Payable to Mary Kolakowski $ 150.00
Check #136580 (7/31/2018)
Those present at Closing:
Lisa Clare Kombrink, Esq. Attorney for Town of Southold
David M. Curry, Esq. Attorney for Seller
Russell McCall Fee Title Contract Vendee
Abigail A. Wickham, Esq. Attorney for Contract Vendee
Mary Kolakowski Title Company Closer
Melissa Spiro Land Preservation Coordinator
Melanie Doroski Land Preservation Sr Adm Asst
c
TOWN OF SOUTHOLD
VENDOR . 03319 CARNATION PROPERTIES, INC. 07/31/2018 CHECK 136542
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2 . 600.100 073118 CARNATN-51.6'3AC DEV RG 3,241, 847 .70
TOTAL 3,241, 847 .70
MEN
V i
•• i x i _: � - v,- Ire ,
TOWN OF SOUTHOLD AUDIT 07/3'1/18
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 11971.0959 CHECK NO. 136542
THE SUFFOLK CO
CUTCHOGUE,NY 1193 ONAL BANK DATE AMOUNT
50-546/214 07/33/2018 $3,'241 '847.70
THREE_ MILLION TWO HUNDRED FORTY ONE THOUSANb'EIGHT HUNDRED- FORTY SEVEN AHD-
70/100 DOLLARS
�o�og�fFOlIo
PAY CARNATION PROPERTIES, INC. o
TO THE C/O MCH GROUP LLC o
ORDER ,575 MADISON. AVE, FL -10,STE 149
OF NEW YORK NY 10022-2511, Ol 'la
11' 13654 2ul' 1:0214054641: 63 000004 01"
BRUNSWICK APPRAISAL CORP.
REAL ESTATE APPRAISERS AND CONSULTANTS
P.O.Box 674
Rockville Centre,New York 11571-0674
(516)608-8877/(631)421-2344
FAX(631)424-9246
E-Mail:elinor@brunswickappraisal.com
Sanford S.Brunswick
Elinor Brunswick,MAI 1922-2013
State Certified General Appraisers Armand Brunswick,MAI
1881-1960
January 24, 2018
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25, P.O. Box 1179
Southold, New York 11971-0959
Attention: Melissa A. Spiro, Land Preservation'Coordinator
RE: Carnation Properties, Inc.
23195 NYS Rte 25, Cutchogue, New York
1000-10-1-10.1
INVOICE-1000-34
Appraisal Report $2,750
Thank You JAN 2 5 2018
i)EPT OF L.�P.�
TOWN OF SOUTHOLD
VENDOR 005409 ELINOR BRUNSWICK, MAI 02/13/2018 CHECK 134915
A '
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660.2.500.200 1000-33 APPRAISAL-KRUPSKI PRPRTY 2,750.00
CM .8660.2.5'00.200 1000-34 APPRAISAL-MCCALL PROPRTY 2,750.00
TOTAL 5,500.00 '
� �a •f I ��YYY � �t
iN
Y' 1
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1
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I
TOWN OFSOUTHOLD AUDIT 02/13/18
53095 MAIN ROAD,PO BOX 1179
SOUTHOLD,NY 11971-0959 CHECK NO. 134915
THE SUFFOLK CO.NATIONAL BANK
CUTCHOGUE,NY 11935 1 DATE AMOUNT
60-5481214 02/13/2018 $5,500.00
FIVE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS
��EFAIR
AY ELINOR BRUNSWICK, MAI
TO THE BRUNSWICK APPRAISAL CORP �
ORDER
OF
PO BOX 674 Oy-
ROCKVILLE CENTRE NY 11571 '
��' L 349 L Sum 1:0 2 140 5464,: 6 3 000004 One
PECONIC SURVEYORS, P.C. Invoice
SOUTHOLD,NY 11971 Date Invoice#
PO BOX 909
1230 TRAVELER STREET 6/28/2018 3589
Bill To
TOWN OF SOUTHOLD
LAND PRESERVATION DEPT
PO BOX 1179
SOUTHOLD NY 11971
P.O. No. Terms Project
14-118 Due on receipt
Quantity Description Rate Amount
1 SURVEY UPDATE AND DVR EASEMENT WITH RESERVE PARCEL SHOWN. 4,580.00 4,580.00
SCTM#1000-109-04-10.1
JUL 9 2018
DEPT.OF LAND
PR[SERVATION
We appreciate your prompt payment.
Total $4,580.00
Phone#
631-765-5020
;� }r_: t t•i{aC.i`f�7` ,Y�aY �TI�:L`.m.'+ i:.=.i r:. -:1'. �-yf�i„'r N'
F TOWN OF SQUTHOLp C
r
1
kt i VENDOR 016144 PECONIC SURVEYORS, P.C. 07/17/2018 CHECK 136459 r Er
A
FUND & ACCOUNT y i�'.O\_4 INVOICE DESCRIPTION ,, AMOUNT' �*7
CM .8660.2.600.100 l 31887 3589 SURVEY-CARNATION-DEV RTS 4,580.00 ;
TOTAL 4,580.00 r y _
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id
of '
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' - TOWN OF'SOUTHOI 0-/17/'18;
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SOU,THOLD,INY 11971=0959' CHECK ,ISO': '1'"3.6'459`
(i THE SUFFOLK C07NATlONAL BANK.•
�f 7 CUTCHOGUE,NY 11935 ;l DATE, ,• AMOUNT 7
r:� - _ S 0 -
0.7,/ j
r 7 6U-546/21,4' I7"/2 018_ t
rFO(TR THOUSAND FIVE HUN DRED''E'IGHTY`AND; 00'/1;0'O.,DOLLARS;
.7
PAY PECONIC SURVEYORS, P.C..
7Y)THE- - ' , - - - - '� '. �,� - . _ 'r; . ,' •,
k.. I ti230, TRAVELER STREET-
PO"Bor"�'09
TREET.PO"Bor" '09
„ SOUTHOLD NY 1197`1' �l ' •�Q ;
i 36�, 59111 1:0 2 140 5464 : 6 3 000p04 011' ,
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JUL 9 2018
DEPT.OF LAND
PRESERVATION
All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days.
............-.....=._
TOWN QF SQUTHQLD LO
rl
VEnQR 014161 NBLSQlJ POPE & VOORHIS, LLC 07/17/2018 CHECK 136447
FVNJ) & AqCOVNT P.O.# INVOICE DESCRIPTION AMOUNT
CM .8660 2.600.100 31888 17009 CARNATION-DEVI�ASEMENTS -a-250.00
TOTAL 1,250.00
MT
r
%l
j
--------- - -
71�
' T0j4W, -0F'S,0UM0LD ,."�-, AUDIT-- 0,7/-17/18
53095 MAIN ROAD.-PO BDX.1-179 - — ' ' ' "' ' , '.I
-NO. ',13644 •
SOUTHOLD,NY 11971-0959 6HE K
'THE-SUFFOLK'C&.NATIONAL YANK ',,AMOUNT,.:--,
.,
CUTCHOGUE.,Ny 11935 DATE'
7-
2 0-.'0 0�',",l ONE THOVAND TWOHUNf)RED, FIFTY AND 00/106 'DOLLARS-
P.4Y NELSON POPE & VOORHIS, LLC
To THE,
572 :WALT WHITMAN ROAD-,
ME'�Lv' I"L E NY 11747'
9F'
L36447no 1:p 2 1 L,0 5L,G I,,: 63 00000 t.. on-
7404-000766
0 Fidelity'National Title Insurance Services, LLC
24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE
PHONE:(631)727-0600 1 FAX(631)727-0606 []FINAL STATEMENT
[x]ESTIMATED STATEMENT
Title No: 7404-000766 IClosing Date: 07/31/18 Closer:
Applicant: Town of Southold Land Preservation Dept. Lender:
Buyer: Town of Southold Lender Attorney:
Seller: Carnation Properties,Inc. Seller Attorney: Farrell Fritz,P.C.
Premises: 23195 Main Road County: Suffolk
Cutchogue,NY 11935
Fee Amount: $3,241,847,70
Mortgage Amount: $0.00
COMPANY CHARGES Amount: Bu erlBorrower: Seller: Lender:
Fee Premium$3,241,847.70 $12,713.00 =-
Certified Copies $20.00 _
otal Company Charges: $ $
RECORDING TAXES Amount: Bu erlBorrower: Seller: Lender:
CPF Tax
Exempt -
Conveyance.Tax.. Exemp
Total Recording Charges:
RECORDING CHARGES, Amount: Buyer/Borrower. Seller, , Lender: ;_t.:
Declaration of C&R(5 pgs) ., $450.00
Easement(22 pgs) $535.00
Total Recording Charges: $985.00
TOTAL CHARGES:, $13,718.00
=? CHECKS PAYABLE TO FIDELITY,NATIONAL,TITLE,lNSURANCE SERVICES-,'LLC :_`
From: Check No.. mount:
Total Checks - $
LIST ALL OTHER CHECKS
From: Check No.; Amount.
otal Other Checks Is
OTAL COLLECTED:
'I
NY TNe Bill Pagel of 2 (7404-000766139)July 23,2018 11 03 AM
**** REAL ESTATE CLOSING**** 504009357
Buyer/Borrower: Town of Southold
Seller. Carnation Properties, Inc.
Lender:
Property: 23195 Main Road/Cutchogue
Settlement Date: July 31,2018
Disbursement Date: March 18, 2020 Closer/Responsible Party:
Check Amount: $345.00 Printed By: Penny L.Whyard
Pay To: TOWN OF SOUTHOLD 7404-000766
For: Refund excess recording fees overcharged by Suffolk County Clerk
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i •" ' ,.ty "..xtrt '% \'•CUSTODIAL ESCROWACCOUNT
�V -
FAY TOWN OF SOUTHOLD � n� ��Yn1 " IQ FTER SO D
AAYS,TWO SIO
NATURESREQUIRED ' \
TO THEP.O. Box 1179 �•':.�y����•,.t,.s; ,�, . ;r /,�\- ,�\.,'\ ." . ;. .'
y
1 ORDER Southold NY 11935OF
`
r � •,.r" �.t�:�.c% Lam..�' .ti.-e ,,i, u•?<
r1EMOZ',,efurrdaexto. rt6 ordin iees:ovembar ed: .;Suffolk,*.0 ., _ . . ;SION`0.NflEAN ZSE \
11'050400935711' 1:0 2 100001391: 497859444511'
i
' i
TOWN OF SOUTHOLD
VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 07/31/2018 CHECK 136557
A
FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT
CM . 8660.2 .600.100 7404-000766 CARNATION-TITLE INS PLOY 12, 713 . 00
CM . 8660.2 .600 :100 7404-000766 CARNATION-RECRD EASEMENT 535.00
CM .8660.2.600. 100 7404-000766 CARNATION-RECORD C&R'S 450.00
CM . 8660.2.600.100 \ 7404-000766 CARNATION-CERTIFD COPIES 20.00
TOTAL 13, 718.00
a4,
1111.111: 1111C,
t O
\ r
s a o o o e e
TOWN OF SOUTHOLD AUDIT -V/31/18-
63095 MAIN ROAD,PO BOX 1179;
SOUTHOLD;NY 11971-0959 - CHECKN0. 1365157
THE CUTCHO UEY 1
K N1935 NAL BANK DATE AMOUNT
- 50-546i214 0?-/Yl112018' ' -$13,'7-18.00
THIRTEEN-THOUSAND SEVEN HUNDRED EIGHTEEN-AND0,0/100 DOLLARS
gaf F01
PAY FIDELITY NATIONAL TITLE INS CO o
TO THE-,
O ' -2-4-COMMERCE DRIVE o '
ORDER_ RIVERHEAD NY., 11901
'in 136557,►' 1:0 2 140 54640: 63 000004 Ou',
- t. 3
TOWN OF SO UTHOLD
VENDOR 011451 MARY KOLAKOWSKI 07/31/2018 CHECK 136580
A
FUND & ACCOUNT P.O.# INVOICE -DESCRIPTION AMOUNT
! CM .8660 .2 .600 .100 7404-000766 CARNATION-TITLE CLSR FEE 150.00
TOTAL 150.00
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TOWN OFSOUTHOLD AUDIT 07/31/18
53095 MAIN'ROAD,PO BOX 1179 -
SOUTHOLD,NY 11971-0959- CHECK 'NO. 136580
SUFFOLKTHE N 1
O NATIONAL
93 ONAL BANK
CUTCHOGUEDATE AMOUNT
50-546/214 07/31/2018 $150.00
ONE 'HUNDRED FIFTY AND 00/100 DOLLARS
I
PAY MARY KOLAKOWSKI y�
TO THE ' 625 MARRATOOKA LANE 0
ORDER MATTITUCK NY 11952
OF
ii' L3658011' 1:0 2 L4054640: 63 000004 011'
SVFFO(A. OFFICE LOCATION:
MELISSA A.SPIRO 0�,� CSGTown Hall Annex
LAND PRESERVATION COORDINATOR �.1• .f,� 54375 State Route 25
melissa spiro@town southold.ny.usC :t (corner of Main Rd&Youngs Ave)
co Southold,New York
Telephone(631)765-5711
Facsimile(631)765-6640 MAILING ADDRESS:
www.southoldtownny.govy'�Oj �►aO� 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: July 31, 2018
Re: CARNATION PROPERTIES. INC.to TOWN OF SOUTHOLD
Part of SCTM#1000-109.4-10.1
Development Rights Easement
Please be advised that the Town of Southold has acquired a development rights easement on the
property listed below. If you would like any additional information regarding the purchase, please feel free
to contact me.
LOCATION: 23195 NYS Route 25, Cutchogue
SCTM#: part of 1000-109.4-10.1
PROPERTY OWNER: Carnation Properties, Inc.
CONTRACT DATE: May 29, 2018
PURCHASE DATE: Closing took place on July 31, 2018
PURCHASE PRICE: $3,241;847.70 (51.63 acres @$62,790/buildable acre)
EASEMENT ACREAGE: 51.63 acres
TOTAL PARCEL ACREAGE: 53.47 acres
RESERVE AREA ACREAGE: 1.84 acres in southeasterly corner includes existing house& barn
Covenants & Restrictions were recorded prohibiting the subdivision of the
Reserve Area from the area of the property subject to the Development
Rights Easement.
ZONING: Agricultural-Conservation (A-C)Zoning District
FUNDING: Community Preservation Fund (2%)