HomeMy WebLinkAboutEarly Rising Farm, LLC S�FFOL
1000-96*-3-793
COD
Baseline Documentation
Premises:
1555 Cox Lane
Cutchogue, New York
8.59 Acres
Development Rights Easement
EARLY RISING FARM, LLC
to
TOWN OF SOUTHOLD
Deed dated December 5, 2024
Recorded January 7, 2025
Suffolk County Clerk — Liber 13278, Page 786
SCTM #: 1000-96.-3-7.3
Premises: 1555 Cox Lane
Hamlet: Cutchogue
Purchase Price: $5389377.00
7.750 buildable acres @
$69,468/acre)
Funding: Community
Preservation Funds
2% Tax
-- Total Parcel Acreage: 11.57 Acres
Development Rights: 8.59 Acres
Zoned: AC
Existing Improvements: In August 2024 -
(as of final survey) None
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LAND PRESERVATION COMMITTEE MEETING
Minutes & Discussion Notes from Meeting held
Tuesday, February 6, 2024 at 7:00 p.m.
Members Present: Sam McCullough
Eric Keil (7:04)
Kim Krupski
Anne Murray
Doris McGreevy
Members Absent: John Simicich
Will Lee
Also Present: Lillian McCullough, Land Preservation Executive Assistant
Anne Smith, Town Board Liaison
Cathy Kreshon, Land Preservation Secretary
Present as Attendee: Holly Sanford, Peconic Land Trust
Ron Goerler
Sam (joined on ZOOM) (Last name unknown)
Tom S (joined on ZOOM) (Last name unknown)
Commencement
• The meeting began at 7:01 p.m. with 5 LPC members present.
EXCERPT FROM ADOPTED 2/6/2024 MEETING MINUTES
MOTION made by Eric Keil, seconded by Anne Murray to recommend to the Town Board that the
Town commission an appraisal, for Application Number 2023-4, for the purposes of providing the
market value of a development rights easement on all but 2.99±acres of the property, in
accordance with a design as discussed by the Land Preservation Committee while in Executive
Session, whereby the 8.59± acres will be prohibited from being further subdivided from the land
subject to the easement and will remain linked to the larger parcel.
Motion carried: 5/0
(Motion No. 2023-4-1)
APPRAISAL REPORT
of
1555 Cox Lane
Cutchogue, New York 11935
a/k/a
District 1000 Section 96 Block 3 p/o Lot 7.3
DATE OF VALUATION
March 26, 2024
PREPARED FOR
Town of Southold
Department of Land Preservation
Southold Town Hall Annex
54375 State Route 25
P.O. Box 1179
Southold, New York 11971-0959
PREPARED BY
Elinor Brunswick, MAI
BRUNSWICK APPRAISAL CORP.
85 Windham Road
Rockville Centre, New York 11570
INTRODUCTION
SUBJECT PROPERTY PHOTOGRAPHS
Facing
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north on Cox Lane
r
southwestFacing
on •
BRUNSWICK APPRAISAL CORP.
INTRODUCTION 19
SUBJECT PROPERTY P • •
Facing west at the subject
i}�y2 y
property
Facing northweston • property
BRUNSWICK APPRAISAL
• CORP.
1555 Cox Cane,Cutchogue
Typical view of northern half of the property Southern half of property (Fallow Field)
' • I- i y, ice' ,+, �.� '� �' i�..
LairAiltiTll�TL'�
Typical view of southern half of the property Northern property boundary
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PHASE
ENVIRONMENTAL SITE ASSESSMENT
1555 Cox Lane
Cutchogue, New York
NPV No.24179
Prepared for:
Lillian McCullough
Land Preservation
Town of Southold
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Prepared by:
NELSON POPE VOORHIS
environmental • land use •planning
70 Maxess Road
Melville, NY 11747
Contact: Steven J. McGinn
o: 631.427.5665 1 smcginn@nelsonpopevoorhis.com
August 21, 2024
1.0 EXECUTIVE SUMMARY
The subject property has been inspected and reviewed independently by Nelson, Pope &
Voorhis, LLC ("NPV") in order to determine potential environmental or public health concerns.
This report is intended to identify Recognized Environmental Conditions (as defined in Standard
Practice for Environmental Site Assessment; ASTM E 1527-21 and United States Environmental
Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the
subject property based on four (4) components of a Phase I Environmental Site Assessment
(ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix
A provides a statement of limiting conditions. Appendix B includes the resumes of key
personnel.
The subject property is located in the Hamlet of Cutchogue, Town of Southold, County of
Suffolk, New York. The subject property consists of an approximately 11.6-acre parcel of
undeveloped land, located at 1555 Cox Lane. The subject property is situated on the south side
of Cox Lane, approximately 1,800 feet north of Main Road (SR 25). The property is more
particularly described on the Suffolk County Tax Map as District 1000, Section 096, Block 03, Lot
7.3.
The subject property currently consists of unoccupied, vacant land. The northern half of the
subject property is currently being utilized as a vineyard. The southern half of the property was
fallow land. There were no buildings or structures located on the property at the time of the
site reconnaissance. No evidence of any past or current development was observed on the
subject property.
This assessment has identified the following with respect to recognized environmental
conditions (RECs), controlled recognized environmental conditions (CRECs), historical
recognized environmental conditions (HRECs) and de minimis conditions in connection with the
subject property, subject to the methodology and limitations of this report.
No RECs were noted on the subject property based on the site reconnaissance, interviews and
regulatory agency records review.
No CRECs were noted on the subject property based on the site reconnaissance, interviews and
regulatory agency records review.
No de minimis conditions were noted on the subject property based on the site reconnaissance,
interviews and regulatory agency records review.
No HRECs were noted on the subject property based on the site reconnaissance, interviews and
regulatory agency records review.
Additionally, NPV did not identify any significant data gaps that affected our ability to identify
RECs in connection with the subject property.
1 N P V
1555 Cox Lane,Cutchogue
Phase I ESA
i
NPV has performed a Phase I ESA in conformance with the scope and limitations of ASTM
Practice E 1527-21 and USEPA AN for 1555 Cox Lane, Cutchogue. Any exceptions to, or
deletions from, this practice are described in Section 8.0 of this report. In conclusion, this
assessment has not revealed evidence of any RECs, CRECs, HRECs, or de minimis conditions in
connection with the subject property, subject to the methodology and limitations of this report.
N P V Page 2
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RESOLUTION 2024-615
'�INI"�°�� ADOPTED DOC ID: 20400
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-615 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 2, 2024:
RESOLVED that.pursuant to the provisions of Chapter 17 (Community Preservation Fund) and
Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold
hereby sets Tuesday, July 16, 2024, at 4:30 p.m., Southold Town Hall, 53095 Main Road,
Southold, New York as the time and place for a public hearing for the purchase of a
development rights easement on property owned by Early Rising Farm, LLC. Said property
is identified as part of SCTM #1000-96.-3-7.3. The address is 1555 Cox Lane, Cutchogue, New
York. The property is situated on the westerly side of Cox Lane. The property is located within
the Agricultural-Conservation (A-C) Zoning District and is approximately 11.57± acres. The
proposed acquisition is for a development rights easement on part of the property, consisting of
approximately 8.58f acres (subject to survey) of the 11.57± acre parcel. The 2.99± acre
development rights intact reserve area will remain linked to, and be prohibited from being
subdivided from, the area subject to the easement.
The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land
Preservation Committee and the property owner. The easement will be acquired using
Community Preservation Funds. The purchase price is $69,468 (sixty-nine thousand, four
hundred sixty-eight dollars)per buildable acre, estimated at$537,682.32 (five hundred thirty-
seven thousand, six hundred eighty-two dollars and thirty-two cents) for the 8.58t acre
easement, containing 7.74±buildable acres. Purchase price will be adjusted at time of closing
based on final survey acreage determination, plus acquisition costs.
The property is listed on the Town's Community Preservation Project Plan as property that
should be preserved due to its agricultural value.
FURTHER NOTICE is hereby given that a more detailed description of the above-mentioned
parcel of land is on file in Land Preservation Department, Southold Town Hall,Annex, 54375
Route 25, Southold, New York, and may be examined by any interested person during business
hours.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Brian O. Mealy, Councilman
SECONDER:Jill Doherty, Councilwoman
AYES: Doroski, Mealy, Smith,Krupski Jr, Doherty, Evans
c785bc53 lynda.rudder@town.southoldnyus
AFFIDAVIT OF PUBLICATION
The Suffolk Times
State of New York,
County of,Suffolk County,
The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,
New York I certify that the public notice,a printed copy of which is attached hereto,was printed and published in this
newspaper on the following dates:
07/11/2024
This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,
and as such,is eligible to publish such notices.
Signature
l
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Christina Henke Rea
Printed Name
Subscribed and sworn to before me,
i
This 15 day of July 2024
AL AL AL AL AL AL M M
Digitally signed DOUGLASWREA
by douglas w rea Public-StateofNewYork
Date: 2024.07.15 [Notary
NO.OfRE6398443
15:07:07 +00:00 Qualified in Albany County
y Commission Expires Sep 30,2027
LEGAL NOTICE
NOTICE OF PUBLIC HEARING
NOTICE IS'HEREBY GIVEN that
pursuant to the provisions of
Chapter 17`(Community
•Preservation Fund) and Chapter 70
(Agricultural Lands) of the Town
Code, the Town Board of the Town
of Southold hereby sets Tuesday.
-July 16, 2024, at 4:30 p.m..
Southold Town Hall, 53095 Main
Road, Southold, New York as the
time and place for a public
hearing for the purchase of a
development rights easement on
property owned by Early Rising
Farm, LLC. Said property is
identified as part of SCTM #1000-
96.-3-7.3. The address is 1555 Cox
Lane, Cutchogue, New York. The
property is situated on the westerly
side of Cox Lane. The property is
located within the Agricultural-
Conservation (A-C) Zoning District
and is approximately 11.57± acres.
The proposed acquisition is for a
development rights easement on
part of the property, consisting of
approximately 8.58± acres (subject
to survey) of the 11.57± acre parcel.
The 2.99± acre development rights
intact reserve area will remain
linked to, and be prohibited from
being subdivided from, the area
subject to the easement.
NOTICE IS HEREBY FURTHER
given that a more detailed
description of the above-mentioned
parcel of land is on file in Land -
Preservation Department, Southold
Town Hall Annex, 54375 Route 25,
Southold, New York, and may be
examined by any interested person
during business hours.
July 2, 2024
BY ORDER OF THE SOUTHOLD
TOWN BOARD
Denis Noncarrow, Town Clerk
JULY 16, 2024 REGULAR MEETING 2
1 PUBLIC COMMENTS
2 COUNCILMAN GREG DOROSKI : So the
3 purpose of tonight ' s public hearing, and
4 I 'm going to summarize if I may, is to
5 review the record, and review the
6 purchase of an Early Rising Farm,
7 located at 1555 Cox Lane in Cutchogue,
8 New York . This is a 8 . 5 acre parcel of
9 a 11 . 57 acre parcel to be a 2 . 99 acre
10 reserve area, which will remain linked
11 to prohibited from being subdivided from
12 the subject area . The purchase price is
13 $ 69, 468 per acre for an estimated total
14 of $537 , 602 . 32 . In the folder here, I
15 have an affidavit of publication of the
16 legal notice setting tonight ' s public
17 hearing . I have a copy of the legal
18 notice itself . I have a copy of a
19 letter from the LWRP Coordinator, Mark
20 Terry, stating that this is a Type II
21 Action and therefore not subject to
22 SEQRA review. I have an affidavit that
23 the legal notice was posted on the back
24 bulletin board signed by our Town Clerk
25 Denis Noncarrow. And I have a copy of
JULY 16, 2024 REGULAR MEETING 3
1 the resolution that the Town Board used
2 to set tonight ' s public hearing . That ' s
3 what I got .
4 SUPERVISOR AL KRUPSKI JR. : Is the
5 record complete, Paul?
6 TOWN ATTORNEY P . DECHANCE : It is .
7 SUPERVISOR AL KRUPSKI JR. : All
8 right . Thank you . All right . So we
9 have a public hearing tonight, duly
10 noticed, on property acquisition
11 purchase for farmland preservation . Is
12 there anyone here who would like to
13 speak for that public hearing? Our Land
14 Preservation Coordinator Lillian
15 McCullough, will put it up on the screen
16 for us, to give us a description of the
17 project .
18 LILLIAN MCCULLOUGH: So my name is
19 Lily McCullough . I 'm the Town ' s Land
20 Preservation Executive Assistant . The
21 project we ' re here to talk about today
22 is Early Rising Farm, LLC, located in
23 Cutchogue . It ' s on the west side of Cox
24 Lane and Cutchogue between the North
25 Road and the Main Road . Is roughly
JULY 16, 2024 REGULAR MEETING 4
1 11 . 57 acres . About 3 acres right now
2 are planted in vines . And it is part of
3 the adjacent vineyard operation that
4 abuts the property to the northwest and
5 is across the street to the northeast,
6 and it ' s located in the Agricultural
7 Conservation Zone . The Town would be
8 using Community Preservation Funds to
9 acquire 8 . 5 acre development rights
10 easement, which restricts use of the
11 property to agricultural production .
12 The dashed white line on the map, which
13 unfortunately is a little hard to see
14 because we ' re kind of a zoomed-out image
15 but it ' s in the southeastern portion of
16 the property, is a 2 . 99 acre development
17 rights intact reserve area . The
18 purchase price for this project is
19 $ 69, 468 per buildable acre . The
20 easement area contains roughly 7 . 74
21 buildable acres, which brings the
22 estimated purchase price to $537, 682 .
23 Final purchase price is subject to a
24 final survey of both the easement and
25 reserve areas . Zooming out, this is a
JULY 16, 2024 REGULAR MEETING 5
1 high priority preservation project .
2 It ' s part of an active farm operation
3 and homestead. It contains a hundred
4 percent prime agricultural soils and
5 it ' s adjacent to a tremendous amount of
6 preserved farmland. If you look at the
7 map books in front of us and on the Zoom
8 screen, you can see that the property is
9 a significant piece in a large block of
10 preservation between the North Road and
11 the Main Road in Cutchogue . It abuts
12 just, you know, looking right at the
13 property, it abuts 34 acres of preserved
14 land on that west side of Cox Lane, and
15 it ' s across the street from 11 acres of
16 preserved farmland. And that are part
17 of the same vineyard operation. And
18 then looking at that entire corridor,
19 this is roughly 426 acre corridor
20 preserved farmland between Bridgehamton
21 and Depot Lane . And about 300 acres of
22 that are Town development rights
23 easements . And so this is a significant
24 continuous block of preserved farmland
25 in a significant agricultural area in
JULY 16, 2024 REGULAR MEETING 6
1 town . I want to thank the landowners
2 who are participating in the program.
3 We can ' t do this work without the
4 landowners . It is a voluntary program.
5 They ' ve preserved land in the past with
6 the Town and I 'm glad that they came
7 back . So I am pleased to present this
8 project today . It ' s an important piece
9 of the Town ' s land preservation puzzle,
10 and you know, it ' s agricultural . It ' s
11 significant agriculture . So the Land
12 Preservation Committee and I request
13 that the Board proceed with this
14 acquisition .
15 SUPERVISOR AL KRUPSKI JR. : Thank
16 you .
17 COUNCILWOMAN ANNE SMITH: If I
18 could also add, Lily did bring this to
19 the Agriculture Committee for their
20 input and review as well .
21 COUNCILMAN GREG DOROSKI : Thank
22 you . And they were in support of it and
23 support of the project design, which I
24 think is for the future of agriculture .
25 SUPERVISOR AL KRUPSKI JR. : Thank
JULY 16, 2024 REGULAR MEETING 7
1 you . And would anyone like to speak to
2 the application or certainly ask
3 questions about the project?
4 RANDY WADE : I guess I 'm curious
5 because I know there ' s a goal to --
6 SUPERVISOR AL KRUPSKI JR. : Oh, I 'm
7 --
8 RANDY WADE : I 'm sorry, Randy Wade,
9 Greenport . The goal of Workforce
10 Housing, Community Housing, this
11 property happens to be 0 . 6 miles to King
12 Kullen . This is an incredibly walkable,
13 potentially walkable area . So I ' d just
14 like to understand how you are
15 separating out -- oh, this is going to
16 be where -- the water catchment area I
17 actually think you should have only
18 conservation subdivisions allowed. I
19 don ' t think you should do standard ones
20 when waters is an issue . I don ' t know
21 if this is part of that rectangle . Do
22 you know if it ' s part of that DEP water
23 catchment water preservation area that ' s
24 centered on 48?
25 SUPERVISOR AL KRUPSKI JR. : Special
JULY 16, 2024 REGULAR MEETING 8
1 groundwater protection area?
2 RANDY WADE : Yeah, is it part of
3 that?
4 SUPERVISOR AL KRUPSKI JR. : I don ' t
5 believe so . I think that ' s further
6 north and further west .
7 RANDY WADE : Okay. Well, I guess
8 I 'm just curious how you balance these
9 things since this -- it ' s great . It ' s a
10 farm. It ' s great, it ' s walkable . It is
11 completely where you ' d wanna be putting
12 community if you were going to put it
13 anywhere in the town?
14 SUPERVISOR AL KRUPSKI JR. : Sure .
15 The short answer is that this has been
16 reviewed by pretty much all the Town
17 staff, including Planning staff . And
18 you ' re part of that zoning update . So
19 you ' re well aware of where the Town ' s
20 trying to put housing, especially --
21 RANDY WADE : Well, actually, at
22 those meetings, I was really surprised
23 that they couldn ' t answer the question,
24 what ' s a 20 minute walk away from the
25 school, the railroad, or whatever . And
JULY 16, 2024 REGULAR MEETING 9
1 so, yeah, I think those are very
2 important considerations .
3 SUPERVISOR AL KRUPSKI JR . : So
4 yeah, to that point, this is considered
5 to be a piece of the puzzle on big
6 blocks of preserved farmland, because
7 you wouldn ' t want to put a housing
8 development in the middle of a farm
9 field, basically . And this is basically
10 what that would do if you look at the
11 map .
12 RANDY WADE : Okay.
13 SUPERVISOR AL KRUPSKI JR. : So it ' s
14 more desirable to preserve that as
15 farmland and keep it in production than
16 to try to put housing there where you
17 really don ' t have the infrastructure .
18 Certainly that road doesn ' t, Constance
19 Lane does not support walkability or
20 bike mobility .
21 RANDY WADE : There ' s no sidewalk on
22 it .
23 SUPERVISOR AL KRUPSKI JR. : It is a
24 homemade road with ground road and with
25 no shoulders .
JULY 16, 2024 REGULAR MEETING 10
1 RANDY WADE : Okay. Well, thanks
2 very much.
3 SUPERVISOR AL KRUPSKI JR. : Thank
4 you, Randy . Anyone else like to speak
5 about the proposal?
6 COUNCILMAN GREG DOROSKI : Make a
7 motion we close the public hearing .
8 JUSTICE LOUISA EVANS : Second.
9 SUPERVISOR AL KRUPSKI JR. : All in
10 favor?
11 COUNCILWOMAN JILL DOHERTY : Aye .
12 COUNCILMAN GREG DOROSKI : Aye .
13 COUNCILMAN BRIAN MEALY : Aye .
14 COUNCILWOMAN ANNE SMITH: Aye .
15 JUSTICE LOUISA EVANS : Aye .
16 SUPERVISOR AL KRUPSKI JR. : Aye .
17 * *** ** * *** ****** ****** *** *** *** *********
18 PUBLIC COMMENTS .
19 SUPERVISOR AL KRUPSKI JR. : All
20 right . So that ' s the end of the agenda .
21 Would anyone who would like to speak to
22 any other item at all?
23 MAYOR KEVIN STUESSI : Good evening
24 everybody. Mayor Kevin Stuessi, Village
25 of Greenport, 420 Clark Street . Very
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44- RESOLUTION 2024-650
° ADOPTED DOC ID: 20453
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2024-650 WAS
ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON
JULY 16, 2024:
WHEREAS,the Town Board of the Town of Southold held a public hearing on the question of
the purchase of a development rights easement on a certain parcel of property owned by Early
Rising Farm, LLC on the 16th day of July 2024, at which time all interested parties were given
the opportunity to be heard; and
WHEREAS, said property is identified as part of SCTM#1000-96.-3-7.3. The address is 1555
Cox Ln, Cutchogue,New York. The property is situated on the westerly side of Cox Ln and is
located within the Agricultural-Conservation(A-C)Zoning District; and
WHEREAS,the proposed acquisition is for a development rights easement on part of the
property, consisting of approximately 8.58? acres (subject to survey) of the 11.57? acre parcel.
The 2.99?-acre Reserve Area will remain linked to, and be prohibited from being subdivided
from,the area subject to the easement. The exact area of the acquisition is subject to a Town-
provided survey acceptable to the Land Preservation Committee and the property owner; and
WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase
price is $69,468 (sixty-nine thousand, four hundred, sixty-eight dollars)per buildable acre,
estimated at$537,682.32 (five hundred thirty-seven thousand, six hundred eighty-two dollars
and thirty-two cents) for the 8.58?-acre easement, containing 7.74?buildable acres. Purchase
price will be adjusted at time of closing based on final survey acreage determination,plus
acquisition costs; and
WHEREAS, the property is listed on the Town?s Community Preservation Project Plan List of
Eligible Parcels as property that should be preserved due to its agricultural value; and
WHEREAS,the purchase of the development rights on this property conforms with the
provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands
Preservation) of the Town Code, and
WHEREAS,the proposed action has been reviewed'pursuant to Chapter 268 (Waterfront
Consistency Review) of the Town Code and Local Waterfront Revitalization Program
(?LWRP?) and the LWRP Coordinator has recommended that this action is consistent with the
LWRP; and
WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition,
and recommends that the Town Board acquire the development rights easement; and
WHEREAS, the Town Board deems it in the best public interest that the Town of Southold
purchase the development rights on this agricultural land; and,
Resolution 2024-650 Board Meeting of July 16, 2024
WHEREAS,the Town Board of the Town of Southold classifies this action as an Unlisted
Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and,
WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and
Regulations; and,
WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form
for this project that is attached hereto; now, therefore,be it
RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on
the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations
for this action; and, be it further
RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a
development rights easement on agricultural land owned by Early Rising Farm, LLC identified
as part of SCTM#1000-96.-3-7.3. The proposed action has been reviewed pursuant to Chapter
268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has
determined that this action is consistent with the LWRP.
Denis Noncarrow
Southold Town Clerk
RESULT: ADOPTED [UNANIMOUS]
MOVER: Greg Doroski, Councilman
SECONDER:Louisa P. Evans, Justice
AYES: Doroski,Mealy, Smith, Krupski Jr,Doherty, Evans
Updated: 7/16/2024 2:07 PM by Lynda Rudder Page 2
OFFICE LOCATION: 0 �f MAILING ADDRESS:
Town Hall Annex P.O.Box 1179
54375 State Route 25 Southold,NY 11971
(cor.Main Rd.&Youngs Ave.)
Ci c Telephone:631765-1938
Southold,NY 11971 '?
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
To: Town of Southold Town Board
From: Mark Terry,AICP
Assistant Town Planning Director
LWRP Coordinator
Date: July 15, 2024
Re: Town of Southold Development Rights on Land Owned by Early Rising Farm,L.L.C.
SCTM 1000-96.-3-7.3
This proposal is to purchase development rights on land consisting of approximately 8.58f acres on a
parcel totaling 11.57±acres.
The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold
Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon
the information provided on the LWRP Consistency Assessment Form submitted to this department, as
well as the records available to me, it is my recommendation that the proposed action is CONSISTENT
with the Policy Standards and,therefore, is CONSISTENT with the LWRP.
Please contact me at(631)765-1938 if you have any questions regarding the above recommendation.
Cc Paul DeChance,Town Attorney
Lillian McCullough,Land Preservation Executive Assistant
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Short Environmental Assessment Form
Part I -Project Information
Instilve'fions1or;Gom nletin: .
Part 1—Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the
application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on
information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as
thoroughly as possible based on current information.
Complete all items in Part 1.You may also provide any additional information which you believe will be needed by or useful to the
lead agency;attach additional pages as necessary to supplement any item.
Part 1—Project and Sponsor Information
Name of Action or Project:
Early Rising Farm,LLC,Town Purchase of Development Rights Easement
Project Location(describe,and attach a Iocation map):
1555 Cox Lane,Cutchogue,NY 11935,SCTM#1000-96:3-7.3(tax map attached)
Brief Description of Proposed Action:
Town purchase of development rights easement on 8.58f acres of 11.57t property.
Name of Applicant or Sponsor: Telephone: (631)765-5711
Southold Town Board
E-Mail: lillienm@southoldtownny.gov
Address:
54375 Route 25,P.O.Box 1179
City/PO: State: -Zip Code:
Southold NY 11971
1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES
administrative rule,or regulation?
If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that a ❑
may be affected in the municipality and proceed to Part 2. If no,continue to question 2.
2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES
If Yes,list agency(s)name and permit or approval: Fz T-70.
3. a.Total acreage of the site of the proposed action? 8.58t acres
b.Total acreage to be physically disturbed? 0 acres
c.Total acreage(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 11.57t acres
4. Check all land uses that occur on,are adjoining or near the proposed action:
❑Urban m Rural(non-agriculture) ❑ Industrial ❑ Commercial [Z] Residential(suburban)
❑Forest m Agriculture ❑ Aquatic ❑ Other(Specify):
❑Parkland
Page 1 of 3 SEaF 2019
5. Is the proposed action, NO YES N/A
1' a. A permitted use under the zoning regulations?
f a: a
b. Consistent with the adopted comprehensive plan? 'E ❑✓ ❑
NO YES
6. Is the proposed action consistent with the predominant character of the existing built or natural landscape?
7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES
If Yes,identify:
FV
` ❑
NO YES
8. a. Will the proposed action result in a substantial increase in traffic above present levels?
o ❑
b. Are public transportation services available at or near the site of the proposed action?
c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed a
action?
9. Does the proposed action meet or exceed the state energy code requirements? NO YES
If the proposed action will exceed requirements,describe design features and technologies:.
❑✓ ❑
10. Will the proposed action connect to an existing public/private water supply? NO YES
If No,describe method for providing potable water:
of
11. Will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing wastewater treatment:,
ao
12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES
which is listed on the National or State Register of Historic Places,or that has been determined by the
Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the a ❑
State Register of Historic Places?
b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for 0 E3
archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory?
13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES
wetlands or other waterbodies regulated by a federal,state or local agency?
b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody?
. ..❑:
If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres:
z
Page 2 of 3
14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply:;
❑Shoreline ❑ Forest q]Agricultural/grasslands ❑Early mid-successional
❑Wetland ❑ Urban ❑ Suburban
15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO ._YES
Federal government as threatened or endangered?
16. Is the project site located in the 100-year flood plan? NO YES
as
17. Will the proposed action create storm water discharge,either from point or non-point sources?
NO YES
If Yes,
a. Will storm water discharges flow to adjacent properties? El 1:1
b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? a
If Yes,briefly describe:
y k}
S
18. Does the proposed action include constriction or other activities that would result in the impoundment of water NO YES
or other liquids(e.g.,retention pond,waste lagoon,dam)?
If Yes,explain the purpose and size of the impoundment:. -
.19. Has the site of the proposed action or an"adjoining property been the location of an active or closed solid waste NO_ .YES
management facility?
If Yes,describe:
Fv
20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or .,NO YES.
completed)for hazardous waste?
If Yes,describe:
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF
MY KNOWLEDGE
Applicant sponsor/ta►ttet Lillian McCullough Date:��512024
Signature:, �" IL Title:Land Preservation Executive Assistant
PRINT FORM Page 3 of 3
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CLOSING STATEMENT
EARLY RISING FARM, LLC
to
TOWN OF SOUTHOLD
SCTM #1000-96.-3-7.3
Total Development Rights Easement— 8.59 acres
Total Parcel Acreage — 11.57 acres
Premises: 1555 Cox Lane, Cutchogue, New York
Contract Executed: July 22, 2024
Closing Date: December 5, 2024
Southold Town,Hall Annex
Purchase Price of $538,377.00 (based upon 7.750 buildable acres @ $69,468
per buildable acre) disbursed as follows:
Payable to Farm Credit East, ACA $ 538,377.00
Check#156884 (12/3/2024)
Expenses of Closing:
Appraisal
Payable to Brunswick Appraisal Corp. $ 3,750.00
Check#155120 (5/21/2024)
Survey
Payable to John Minto, LS $ 4,650.00
Check#156503 (10/22/2024)
Environmental Report (Phase I ESA)
Payable to Nelson Pope &Voorhis $ 1,850.00
Check#156233 (9/2412024)
Title Report #71300352
Payable to Stewart Title $ 3,368.00
Check#156943 (12/3/2024)
Title Insurance Policy $ 2,158.00
Search Fees $ 130.00
Recording Charges $ 1,080.00
Title Closer Attendance Fee
Payable to Robin Curran $ 250.00
Check#156874 (1213/2024)
Those present at Closing:
Albert J. Krupski, Jr. Southold Town Supervisor
Mary C. Wilson, Esq. (via phone, if needed) Attorney for Town of Southold
Christopher M. Kiely, Esq. Attorney for Seller
Ronald B. Goerler, Jr Seller
Ann Marie Goerler Seller
Robin Curran Title Company Closer
Lilly McCullough Land Preservation Executive Assistant
Cathy Kreshon Senior Office Assistant
PRAL *.CORP.-.
BRUNSWICK Ap iSA
REAL ESTATE APPRAiSER8 AND CONSULTANTS
85 Windham Road
ROCKVILLE CENTRE,NEW YQRK.1 1570
(616)608-*8877 (631)421-2344
FAX(631)424-9 246
E-mail:brunswick6ppralsaL@gmall.com
Armand Brunswick
;MAI
Elinor Brunswick,MAI
State d6rdfied General Appfaiser 1881-1960.-
Sanford S.Briinswick.-
1922-2013
April 22'2024
Town of Southold
Lario,'pteservation
:S0Uth6ldt0V4n Hall Annex
54375 State Route 25'.
'Southold, Now York 11971-0959
AttOntlon:I!Llian F. McCullough, Land Preservation Executive Assisitank,
RE. Early Rising Farm LLC
1555,Cox Lane, Cutchogue,'New York 11935
1000-96-3-p/o 7.3
1hvbi6e4.006-42
50 .
ReaLEst6td Appraisal.,
y , '� � '�!'" ',�'.,t^raka.'r�.y�i�t X _• Y � � '} �c�i, .O.v' i�;�5�� +:� � t't�� r� Yf.� •
hti�.\ Y.� ;tiff, M .�� � t..\���";-.„'�y f ��� i�D� at, � I'J}i D� J �i,,.v ti,r�~ tJ�`•;t s h � Y ! Yre r ;.1,1�i rh D
John Minto LS .Invoice
P.O.Bdx 1408 Invoice No: 8784
Smithtown,W 11787 Date: 08/16/2024
Phone:6317244832
Fax 631724 5455
Mintovllle@aol.com
Bill To: Town Of Southold
lillianm@southoldtownny.gov
P.O.Box 1179
Southold,New York 11971-0959
Code Description Amount
Project located at 1555 Cox Lane,Cutchogue,NY
+-iL57 total acres Proposed asemrmtAt�e
Property Owne I sin Farms t�
SUM 910Q0.96=0
7a // /� r: /i r-�D i
t } Please refer to.the scope o 1'1�e5 r step for profe�siona!15`.veyingserv)ces from the D_epar ri ent_of Land Preservation
y ry .. �� \� r j f
fir• Town of Southold datedi,uIV2Z�0 4 regardmgaE uiringadevelopmentrlets.ea e�enfonpropertyownedbyEarlyRising
arm LLC. - r' 0 . j -� �� J
<,
estimaEe!indudesall of the items oNlked in said request t 4-73-'`
i �a it t
' BDWG Up rycompletion of the preliminary It is our understanding thesurvef wii�.>'ie 4.�e � o make sure the maps are satisfactory $4,650.00 Ij
to t l'a Land Preservation Committee.Any changesto the prelimina„ tansvitii f5{matlea-YH}'s point.Once the plans are
1, 'T�' y� 4
deenrwsatfsfactorog on inal survey prints will be provided alonj�ith a reduced f5lgitafiopy in PDF�fo}rmat Jt�
••_- is '� ---•--.�_�_�._ �!!.: __ .. �.•--�,. . —�,`?.
Time cheAik 2� eek .. r
r
al $4,650.00 ,»
.,!�
1 a #AID,'%
r 4alance Due $4,6.5000
l ; 4°
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1\1-1_
1/2
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4
l �tIVOIC@NELSON POPE VOORHIS
anvkonmenta( land use•planning
70 Maxam Road,Me AR%NY 11747
(631)427.5665
September 10,2024
Ms.Lillian McCullough Project No: V24X351.001.000
Land Preservation Executive Assistant Invoice No: 33406
Town of Southold Dept of Land Presery Project Manager Steven McGinn
Town Hall
63095 State Rt 25,PO Box 1179
Southold,NY 11971
Project V24X351.001.000 1555 Cox Lane,Cutchogue
ess(a�taery — —— ————
——
Phase SA 7/26124.Contract Phase.l=ESA
Task 1300 Phase IESA
Fee
Total Fee 1,850.00
Percent Complete 100.00 Total Earned 1,850.00
Previous Fee Billing 0.00
Current Fee Billing 1,850.00
Total Fee 1,850.00
Total this Task $1,850.00
Total this Phase $1,850.06
Total this Invoice $1,850.00
f�
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{
All Invoices are due net 30 days.A late charge of 1%per-month will be added to any unpaid balance after 30 days.,
gf,processing fee.
The use of a credit card by the Client for any payment shall be subject to a 3.5%surcharge,to cover thocredit ca
Affirstewart '
Title No. 71300352
TITLE
Invoice No. 7130035201
Invoice Date 11/19/2024 09:58 AM
CLOSING INFORMATION
Title Closer Robin Curran Applicant Lillian McCullough
Closing Date/Time 12/5/2024 2:00 PM Lender N/A
Closing Location Lender Attorney N/A
Town Hall Annex(54375 Main Road,
Southold;fka Southold Savings Bank) Seller Attorney Christopher M.Kiely,Esq.
2nd Fl.Southold,NY
Transaction Type Easement with Insurance
Sale Amount $538,377.00
Loan Amount $0.00
REFERENCE INFORMATION
Property Address 1555 Cox Lane,City of Cutchogue,
State of NY,Zip 11971,District p/o
1000,Section 96,Block 3,Lot 7.3
Unit Number
Property Type Residential,Vacant
County Suffolk
Seller Early Rising Farm,LLC
Buyer/Borrower Town of Southold
SERVICES1 1
d �'N� 1 Y
. , ) Rif.",
rt 1 Ta0.
PREMIUM:
Fee Insurance(Liability Amount:$538,377.00) $2,158.00 $2,158.00
ENDORSEMENTS:
SEARCH FEES:
Search Fee* $130.00 $130.00
Bankruptcy,Patriot and State UCC
State-Certificate of Good Standing $150.00 $150.00
Certificate of Status
RECORDING FEES:***
Recording Fees $1,080.00 $1,080.00
Grant of Development Rights Easement w/TP584(25pgs):
$430.00
Subordination Agreement of Mortgage(6pgs)-$325.00
Declaration of Covenants&Restrictions(6pgs)$325.00
NOTE:Fee(s)above is/are estimated.Please add$5 for each
addt'1 page or subtract$5 for each page,if less shown.
State UCC Filing $400.00 $400.00
4-UCC-3
TAXES:(TRANSFER/MANSION/MORTGAGE)
NYS Transfer Tax(usually paid by seller)($2,154.00) **
EXEMPT
Peconic Bay Regional Town Transfer Tax($13,460.00) **
EXEMPT PER AFFIDAVIT
Please remit payment to:Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3
White Plains,New York 10604,Attn.:Accounting
Affirstewart Invoice No.7130035201
TITLE
ADDITIONAL:
Additional Fee $250.00 $250.00
Title Closer Services Fee
NOTE:Please make arrangements to pay closer directly
Surveys($0.00) **
PROVIDED TO STIC
SUBTOTAL: $4,168.00 $3,618.00 $550.00 $0.00
SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00
TOTAL: $4,168.00 $3,618.00 $550.00 $0.00
*Taxable at 8.625%.
**Party responsible for payment
Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company.
CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT
DISCLAIMER
PLEASE READ THE FOLLOWING IMPORTANT INFORMATION:
1. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be
reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance
of the policy of insurance.
2. Estimated Invoice:We provide our estimates,as stated,based on the information we receive from the parties and usually without
having been provided final documentation to be used at closing.Should there be a'change in circumstances"as defined in RESPA
rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time.
3. Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not
reflect the reduced premium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual.
4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at
time of closing. If closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G):"The Company may impose
additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and
where additional attendances are necessary or travel arrangements and distance warrant."
5. Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of
scheduled closing. An adjournment fee of$200.00 will be invoiced when the title closer has appeared at closing but closing is
adjourned.
For our Schedule of Fees please refer to our website:www.stewart.com/nymetro
Please remit payment to:Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3
White Plains,New York 10604,Attn.:Accounting
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IIIIIIILIIIIIIIIIIlIIIIIIIIIIIIIIIIiIIIIIIIIlIIIIIIII �DD. ....... -------
�
IIIlillllllllllllllllllll - ,� � �` 4.'
�pS1D PRE`oRSou had EPY
SUFFOLK COUNTY CLERKno
Town
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: AGREEMENT Recorded: 01/07/2025 .
Number of Pages: 24 At: 12:58:12 PM
Receipt Number : 25-0001942
TRANSFER TAX NUMBER: 24-17598 LIBER: D00013278
PAGE: 786
District: Section: Block: Lot:
1000 096.00 03. 00 007.003
MORTGAGE TAX NUMBER: DP029378
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $538,377.00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $120.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
Affidavit $0.00 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 Comm.Pres Fund $0. 00 NO
Comm.Housing Fund $0.00 NO Mort.Basic $0.00 NO
Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO
Mort.SplAsst $0.00 NO
Fees Paid $365. 00
TRANSFER TAX NUMBER: 24-17598
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
Number of pages 2'02j :jai e 07 1"��a i'_ PM.,
UTNCENi PULED
CLERK OF
This document will be public SU'FFOLI:' COUNTY
record. Please remove all I D O 117i7 J
Social Security Numbers '' 's6
i;�r U'1�'f_�
prior to recording. DT4 24-1759
Deed/Mortgage Instrument
-Deed/Mortgage Tax Stamp Recording/Filing Stamps
3 FEES
Mortgage Amt. ;
Page/Filing Fee 1.Basic Tax .
Handling 20. 00 2. Additional. Tax
Sub Total -
TP-584
Spec./Assit.
Notation r �' or
Sub Total f Spec./Add.
EA-5217(County) -
TOT.MTG.TAX i
EA-5217(state) Dual Town Dual County
R.P.T.S.A. Held for Appoin ent
IL
Comm.of Ed. 5:. 00 ' ► Transfer Tax 1.'
°` Mansion Tax
Affidavit
�tt1t The property covered by this mortgage Is
Certified Copy or will be Improved by a one or two
15. 00 r family dwelling only.
NYS Surcharge Sub Total d b. YES or NO
Other If NO,see appropriate tax clause on
Grand Total ��, U
61vpage# of this instrument.
01 :
�a•i5a
5456800 1000 09600 0300 007003
4 Distj_ 5 Community Preservation Fund
Real Property R MA A,
Co sideratonAmount pT
$
Tax Service
Agency vckyix:Due` $
Verification Improved
6 Za tio sfacns D scharges Re eases ist Property Owners_Mai ng Address
RECORD&RETURN TO: Vacant Land
1.1�`IghG,A110 TD
� � - lh- •�k �AhGi 1 vCSCVJa�l� TD
543g5 17 TD
Mall to: Vincent Puleo, Suffolk County Clerk 7 Title Company Information
310: Center- Drive, Riverhead, -NY 11901 Co.Name wd l tt ; /1 J t/1CQ. n
www.suffolkcountvhy.yov/clerk Title# - 3�Z,
e Suffo County Recording & Endorsement, Page
This page forms part of the attached 8W C� 0 17o11 h-• •5 itrade.
by: (SPECIFYTYPE :F INSTRIJ ENT)
� 13003S2
GRANT OF DEVELOPMENT RIGHTS EASEMENT.
THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the
day of-..-Ttg�r4pY , 2024 at Southold, New York. The parties are
EARLY RISING FARM, LLC with an address.of Cutchogue, New
York 11935(herein called "Grantor"), and the TOWN OF SOUTHOLD, a
municipal corporation, having its principal office at 53095 Main 'Road, P.O.
Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). ,
INTRODUCTION
WHEREAS, Grantor is the owner in fee simple of certain real property
located in the Town of Southold, Suffolk County, New York, identified as part
of SCTM #1000-96-3-7.3, more fully described in SCHEDULE "A" attached
hereto and made a part hereof and hereinafter referred to as the "Property";
and
WHEREAS, the property is located within the Agricultural-Conservation
(A-C) Zoning District and is approximately 8.59f acres; 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
oci bo WHEREAS, the Property is currently used for agriculture; and
03 do WHEREAS, it is the policy of the Town of Southold (the "Town"), as
articulated in the Southold Town Comprehensive Plan dated February, 2020
PIv as adopted: by the Town Board, Town of Southold, and §272-a,of the New
001.603 York State Town Law ("Town Law' to protect environmentally sensitive
areas, preserve prime agricultural soils, to protect the scenic, open space
character of the Town and to protect the Town's agricultural economy; and
WHEREAS, the Property in its present condition has substantial and
significant value as an agricultural resource since it has not been subject to
any substantial development; and
.� 1
1 1 1
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 agricultural 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 FIVE HUNDRED THIRTY EIGHT
THOUSAND THREE HUNDRED AND SEVENTY SEVEN AND 00/100 DOLLARS
($538,377.00) and other good and valuable consideration paid to the
Grantor, the receipt of which is hereby acknowledged, the Grantor does
hereby grant, transfer, bargain, sell and convey to the Grantee a
Development Rights Easement, 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 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:
0.01 Grantor's Warranty
Grantor warrants and represents to the Grantee that Grantor is the
owner of the Property described in Schedule A, free of any mortgages or
liens, except as set forth in Stewart Title Insurance Company Title Report
#71300352, and possesses the right to grant this easement.
2
IN^s tewa r t .
TITLE Title Number: 71300352
SCHEDULE A—DESCRIPTION
[[AMENDED 11/19/2024]]
DESCRIPTIONFOR DISTRICT 1000 SECTION 096.60 BLOCK 03.00_PART OF LOT 007003-
EASEMENT TO.BE INSURED:
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane and the
Northwesterly side of Main Road;Thence still along the southwesterly side of Cox's Lane, North 57
degrees 25 minutes 30 seconds West, 200.34 feet;Thence leaving Cox's Lane,running South 32 degrees
28 minutes 20 seconds West, 199.79 feet to a concrete monument found and the true point of beginning;
RUNNING THENCE South 32 degrees 28 minutes 20 seconds West, 42.96 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 154.71 feet;
THENCE South 37 degrees 18 minutes 30 seconds West, 334.25 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 839.76 feet;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to a monument found on the
Southwesterly side of Cox's Lane;
THENCE the following two (2) courses and distances along the Southwesterly side of Cox's Lane:
1. South 57 degrees 52 minutes 10 seconds East, 163.52 feet;
2. South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West, 200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East, 417.87 feet to a concrete monument found and
THE POINT OR PLACE OF BEGINNING.
FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and
roads abutting the above described premises to the center lines thereof.
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 value of the Property resulting from its
agricultural use and further recognize the common purpose of preserving
this value 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 agricultural 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 agricultural and other resources and
to otherwise aid in identifying and documenting such values as of the date
hereof, to assist Grantor and Grantee with monitoring the uses and activities
on the Property and ensuring compliance with the terms hereof, Grantee has
prepared, with Grantor's cooperation, an inventory of the Property's relevant
features and conditions (the "Baseline Documentation"). This Baseline
Documentation includes, but need not be limited to, a survey prepared by
John Minto, L.S., dated August 15, 2024, and a Phase 1 Environmental Site
Assessment dated August 21, 2024 by Nelson, Pope & Voorhis, LLC.
3
Grantor and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the Grantor's
uses of the Property or its physical condition as of the date hereof, the
parties shall not be foreclosed from utilizing any other relevant or material
documents, surveys, reports, photographs or other evidence to assist in the
resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual promises,
undertakings, and forbearances contained in this Development Rights
Easement, the parties agree upon its provisions, intending to be bound by it.
ARTICLE ONE
THE EASEMENT
1.01 Type
This instrument conveys a Development Rights Easement (herein
called the "Easement"). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its "provisions" shall include
any and all of those limitations, covenants, use restrictions, rights, terms
and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest and
right to restrict the use of the Property to 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 defined in
Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or
"Code") now, or as they may be amended, and including the production of
crops, livestock and livestock products as defined in §301(2) of the New
York State Agriculture and Markets Law ("Agriculture and Markets Law"),
now, or as said §301(2) may be amended. No future restrictions in said
laws or limitations in the definitions set forth in said laws shall preclude a
use that is permitted under the current law as of the date of this Easement.
"Improvement" shall mean any addition ,to raw land, such as
structures, fences, wells or drainage.
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"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 non-agricultural purposes. Land that is in agricultural
production, including sod farming, or 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, temporary animal shelters or fencing necessary for
agricultural operations or to mark the boundaries of the Property, including
without limitation fencing to keep out predator animals, including deer.
Approvals for those items listed in the preceding sentence shall be as
required by applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property in
perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal interest in
the Property, and shall extend to and be binding upon Grantor, Grantor's
agents, tenants, occupants, heirs, personal representatives, successors and
assigns, and all other individuals and entities and provides Grantee with the
right to administer, manage and enforce the Easement as provided herein.
The word "Grantor" when used herein shall include all of those persons or
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 FIVE HUNDRED THIRTY EIGHT THREE HUNDRED
SEVENTY SEVEN DOLLARS AND 00/100 ($538,377.00) and such other good
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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 as
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 Ekcavation.and Removal of Materials; Mining
The excavating, regrading, scraping or filling of the Property shall be
prohibited, without the prior written consent of Grantee, including but not
limited to review by the Land Preservation Committee.
Mineral exploitation, and extraction of any mineral, including but not
limited to soil, gravel, sand and hydrocarbons, by any method, surface or
subsurface, is prohibited.
The removal of topsoil, sand, or other materials from the Property is
prohibited, nor shall the topography of the Property be changed, except in
connection with normal agricultural/horticultural activities, all of which shall
require the prior written consent of Grantee, including but not limited to
from 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.
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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 or its
Members, 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.
1,04 ,Dumeing
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.
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 to service the permitted structures on the
Property, and on adjacent properties subject to a development rights
easement or other conservation instrument. Existing underground irrigation
systems may be repaired or replaced without the consent of or review by the
Grantee.
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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 defined 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) of the Agriculture and Markets Law,
now or as said §301(2) may be amended, 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 sound
agricultural management practices.
.3.08 Soil and_Water
Any use or activity that causes or is likely to cause soil degradation or
erosion or pollution of any surface or subsurface waters shall be prohibited.
This prohibition shall not be construed as extending to agricultural
operations and practices (including, without limitation, the use of
agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that
are in accordance with sound agricultural management practices of the
Natural Resources Conservation Service ("NRCS").
3.09, Drainage
The use of the Property for a leaching or sewage disposal field shall be
prohibited. The use of the Property for a drainage basin or sump shall be
prohibited, except in accordance with sound agricultural management
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practices and in order to control flooding or soil erosion on the Property or
onto adjoining properties.
110 Lot Yield; Future Developriient
Except as provided herein, the use of the acreage of this Property for
purposes of calculating lot yield on any other Property shall be prohibited.
Grantor hereby relinquishes to Grantee all existing rights to develop the
Property (and any such further rights that may be created through a
rezoning of the Property) except for the right to construct, maintain, alter
and replace any pre-existing structures, and to construct new structures, as
such rights may be provided in Section 4.06 or elsewhere in this Easement,
and the parties agree that any other such 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.
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
9
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. Hunting to remove predators which harm agriculture production
shall not be deemed a recreational use or a use for commercial purposes.
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
deemed to be invasive, dead, diseased, decayed or damaged or interfering
with agricultural production or other permitted uses of the Property,
including activities permitted in Section 4.06, to thin and prune trees to
maintain or improve the appearance of the Property or to benefit permitted
structures and improvements, 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 defined 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) of the Agriculture and Markets Law,
now, or as said §301(2) may be amended. No future restriction in said laws
or limitations in the definitions set forth in said laws shall preclude a use that
is permitted under the current law as of the date of this Easement.
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.
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4.06 Structures.
A. Allowable Improvements. Grantor shall have the right to erect,
alter 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 on adjoining
lands subject to a development rights easement or
other conservation instrument;
(ii) New construction, including drainage
improvement structures, provided such structures are
related to or accessory to agricultural production;
(iii) Renovation, maintenance, alteration, expansion and
repairs of any existing structures or structures built or
permitted pursuant to this Section 4.06, provided the
purpose of the structure remains agricultural;
(iv) Additional types of structures, improvements or uses
consistent with the purposes of this Easement which
arise from future developments in agricultural
production or scientific, mechanical or technological
advances in agricultural production.
B. Conditions. Any allowable improvements shall protect prime
agricultural soils, agricultural production, and otherwise be consistent with
the Purpose of this Easement.
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent with
the purposes intended herein, and construction of any such improvement
shall minimize disturbances to the environment. Grantor shall employ
erosion and sediment control measures to mitigate any storm water runoff,
including but not limited to minimal removal of vegetation, minimal
movement of earth and minimal clearance of access routes for construction
vehicles.
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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, provided same arises when Grantee or its agents is lawfully on the
Property, or from any taxes, levies or assessments upon it or resulting from
this Easement, all of which shall be considered Grantor's obligations.
5.03 Third Party .Claims
Grantor shall indemnify and hold Grantee harmless for any liability,
costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee
or any of its officers, employees, agents or independent contractors, all of
which shall be reasonable in amount, resulting: (a) from injury to persons or
damages to property arising from any activity on the Property; and (b) from
actions or claims of any nature by third parties arising out of the entering
into or exercise of rights under this Easement, excepting any of those'
matters arising solely from the acts of Grantee, its officers, employees,
agents, or independent contractors, or those matters arising when such
persons are not lawfully on the property. Grantor as used in Section 5.02
and 5.03 shall refer only to the owner of the Premises at the time the injury,
damage, action or claim arose.
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ARTICLE.SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at reasonable
times, upon prior notice to Grantor, and 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.
Notwithstanding the above, Grantee's use of drones shall be limited to
purposes of Enforcement of this Easement and to inspection under this
Easement when traditional means are not available, and shall occur only
with prior notice to Grantor and consent for same, which consent shall not
be unreasonably withheld.
6.02 Restoration
Grantee shall have the right to require the Grantor to restore the
Property to the condition required by this Easement and to enforce this right
by any action or proceeding that Grantee may reasonably deem necessary.
However, Grantor shall not be liable for any changes to the Property
resulting from causes beyond the Grantor's control, including, without
limitation, fire, flood, storm, earth movement, wind, weather or from any
prudent action taken by the Grantor under emergency conditions to prevent,
abate, or mitigate significant injury to persons or to the Property or crops,
livestock or livestock products resulting from such causes.
6.03 Enforcement Rights of Grantee
Grantor acknowledges and agrees that Grantee's remedies at law for
any violation of this Easement may be inadequate. Therefore, in addition to,
and not as a limitation of, any other rights of Grantee hereunder at law or in
equity, in the event any breach, default or violation of any term, provision,
covenant or obligation on Grantor's part to be observed or performed
pursuant to this Easement is not cured by Grantor within thirty (30) days'
notice thereof by Grantee or such longer period as is reasonable during
which time Grantor is curing or attempting to cure such breach, default or
violation, taking into account extreme weather conditions or catastrophic
events (which such time period for notice is expressly waived by Grantor
. 14
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, taking into account extreme weather conditions or
other emergency conditions or other emergency or catastrophic events:
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
(ii) To enter upon the Property and exercise reasonable efforts to
terminate or cure such breach, default or violation and/or to
cause the restoration of that portion of the Property affected by
such breach, default or violation to the condition that existed
prior thereto, or
(iii) To enforce any term provision, covenant or obligation in this
Easement or to seek or enforce such other legal and/or equitable
relief or remedies as Grantee reasonably deems necessary or
desirable to ensure compliance with the terms, conditions,
covenants, obligations and purposes of this Easement; provided,
however, that any failure, delay or election to so act by Grantee
shall not be deemed to be a waiver or a forfeiture of any right or
available remedy on Grantee's part with respect to such breach,
default, or violation or with respect to any other breach, default
or violation of any term, condition, covenant or obligation under
this Easement.
Grantor shall pay either directly or by reimbursement to Grantee, all
reasonable attorneys' fees, court costs and other expenses incurred by
Grantee (herein called "Legal Expenses") in connection with any proceedings
under this Section, as approved by the Court.
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee if such restoration cannot reasonably be accomplished
within thirty (30) days.
6.04 Notice
All notices required by this Easement must be written. Notices shall be
delivered electronically and by first class mail, or by hand or by certified
mail, return receipt requested, with sufficient prepaid postage affixed and
with return receipts requested, or by nationally recognized overnight courier
(USPS, Federal Express, etc.). Mailed notice to Grantor shall be addressed
15
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.
A copy shall also be sent to: anster59@gmail.com and
jamesportwines@gmail.com for the Grantor and to the Town Attorney and
the Land Preservation Coordinator and/or Department for the Grantee, or
such other address provided to the other party by notice set forth above.
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 0'6 Extinguishment-bf 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.
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ARTICLE SEVEN
MISCELLANEOUS
7.01 Eritiret Und'erstandin i
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.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current owner of the Property 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
17
Grantee by this Easement, whereupon all references to Grantee shall be to
such entity.
Any easement transfer must be approved by the Grantor or any
subsequent owner. If the Grantee ever ceases to exist, a court of competent
jurisdiction may transfer this Easement to another qualified public agency
that agrees to assume the responsibilities imposed by this Easement.
1.0.4 Severability'
Any provision of this Easement restricting Grantor's activities, which is
determined to be invalid or unenforceable by a court shall not be invalidated.
Instead, that provision shall be reduced or limited to whatever extent that
court determines will make it enforceable and effective. Any other provision
of this Easement'that is determined to be invalid or unenforceable by a court
shall be severed from the other provisions, which shall remain enforceable
and effective.
7.05 .Governing Law
New York law applicable to deeds to and easements on land located
within New York shall govern this Easement in all respects, including validity,
construction, interpretation, breach, violation and performance.
7.0.6 Interpretation
Regardless of any contrary rule of construction, no provision of this
Easement shall be construed in favor of one of the parties because it was
drafted by the other party's attorney. No alleged ambiguity in this Easement
shall be construed against the party whose attorney drafted it. If any
provision of this Easement is ambiguous or shall be subject"to two or more
interpretations, one of which would render that provision invalid, then that
provision shall be given such interpretation as would.render it valid and be
consistent with the purposes of this Easement. Any rule of strict construction
designed to limit the breadth of the restrictions on use of the Property shall
not apply in the construction or interpretation of this Easement, and this
Easement shall be interpreted broadly to effect the purposes of this
Easement as intended by the parties. The parties intend that this Easement,
which is by nature and character primarily negative in that Grantor has
restricted and limited his right to use the Property, except as otherwise
recited herein, be construed at all times and by all parties to effectuate its
purposes.
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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 Reservation of a Future Trail Easement.
Notwithstanding the provisions contained in this Agreement, Grantors,
their successors and assigns, at Grantors' sole discretion, may, in the future,
grant additional interests and property rights to the Grantee for the
purposes of establishing a pedestrian "Trail Easement" that is open and
available for use by the general public over a portion of the Subject Area
without the need for amendment or modification to this Agreement. Said
future Trail Easement shall not be considered an alienation of interest or
rights in real property acquired herein by the Grantee. Said future Trail
Easement shall be subject to the terms mutually agreeable to the Grantors
and the Grantee, but shall as a minimum include the following terms:
A. The Trail Easement that shall not exceed twenty (20') feet in
width and shall be designated and shown on a survey prepared by a licensed
surveyor and at Grantee's expense. The future Trail Easement shall be
located on a portion of the Subject Property mutually agreed upon by the
Grantors and Grantee so that its use will not unreasonably interfere with the
agricultural use of the Subject Property.
B. Grantee shall have the right to create and construct a
footpath/trail within the future Trail Easement in accordance with the
standards and specifications of the Town of Southold
C. The creation and construction of a footpath/trail within the future
Trail Easement shall be contingent upon the actual establishment and
linkage with other nearby and contiguous trails.
D. Grantee's rights and liabilities to use, operate and maintain a
footpath/trail within the future Trail Easement shall not become effective
unless and until the footpath/trail is actually physically constructed as
provided herein and the Town Board of the Town of Southold, duly
acknowledges and accepts said pedestrian trail as part of the Town's trails
system and map.
E. The future Trail Easement shall not be utilized for any purposes
other than providing a travel route for the general public for pedestrian
19
activities and trail related activities, such as hiking, subject to the limitations
of use, as may be determined by the Town Board and agreed to by the
Grantor. Access by the general public in or on motorized vehicles is
expressly prohibited and no streets, roadways or other rights-of-way or
easements for vehicular use shall be constructed or granted therein.
F. Access by the general public to the future Trail Easement shall
be only to and from contiguous greenbelt trails, public thoroughfares or
other such officially designated access points. Access to and upon adjacent
private lands shall be expressly prohibited. Nothing in the future Trail
Easement shall grant the general public the right to park vehicles on the
adjoining private property or roads.
Nothing herein shall require Grantor to grant a Trail Easement, nor shall this
Reservation create any restriction on the Property or the consideration
therefor, this provision being intended only to all such an easement grant
and to confirm that such grant shall not be deemed an alienation of
Development Rights granted by the Development Rights Easement.
7.09 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.10 Recording
Grantee shall record this Easement in the land records of the office of
the Clerk of the County of Suffolk, State of New York.
7.11 .Headings
The headings, titles and subtitles herein have been inserted solely for
convenient reference, and shall be ignored in its construction.
20
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:
EARLY
RISING FARM, LLC, Grantor
By: 61
7� -eA F�-�. a-ej
maid B. froCaLeR.Tv.
�'►�vager
ACKNOWLEDGED AND ACCEPT
TOWN OF SOUTHOLD, Grantee
BY:
Albert J. Krupski, Jr., Supervisor
21
STATE OF NEW YORK)
COUNTY OFSUFFOLK), SS.•
On the 05 day of DC6CWW in the year2024 before me, the undersigned,
personally appearedRanaa B:Ckerkv.Tv personally kno wn to me or proved to me on the
basis of satisfactory evidence to be the individual(s) whose name(s)is(are)subscribed
to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their capacity(ies), and that byhis%her/theirsignature(s)on the instrument,, the
Ind,vidual(s), or the person upon behalf of which the Ind,,vidual(s)'acted, executed the
instrument.
� �
Signatur%lrlce of individual taking acknowledgement
ROBIN CURRAN
Notary Public,State of'Netv'Yoric
Reg.No.01C04886786
0011fied In Suffolk.County -1
Commission Expltos February 17,20,? 1
STATE OF NEW YORK )
COUNTY OFSUFFOLK ) SS.'
On this 6 5 day of DccomW in the year 2024 before me, the undersigned,
personally appeared AlbertJ. Krupski,Jr.,personally known tome or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s)is(are)
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the
instrument, the individual(s), or the person upon behalf of which the individual(s)_
acted, executed the instrument.
Signature%ffice of individual taking acknowledgement
ROBIN CU,R,RAN
Notan,Public,State of Nev.,York
Reg.No.O1CU4,386786
Qualified in Suf;oiV Catnty
Commission Exolres February 17,20 -7
22
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IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII __ EVF--,
1111111111111111 IN IN
SUFFOLK COUNTY CLERK pttESEttvATION DEP't
Sourho�
RECORDS OFFICE Town_of d -
RECORDING PAGE
Type of Instrument: DECLARATION Recorded: 01/07/2025
Number of Pages: 7 At: 12 :58:12 PM
Receipt Number : 25-0001942
LIBER: D00013278
PAGE: 787
District: Section: Block: Lot:
1000 096.00 03.00 007. 003
EXAMINED AND CHARGED AS FOLLOWS
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $35.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.00 NO
Cert.Copies $0.00 NO RPT $200.00 NO
Fees Paid $275.00
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
VINCENT PULEO
County Clerk, Suffolk County
Numberof pages RECORDED
M25 .Jar; 07 17,:58:12-R-1
itTWIC ai PIILr it
This document will be public ,Ltr.l OF
SUFFOLK COUNTY
record. Please remove all L DO iii1327S
Social Security Numbers tr
prior to recording.
Deed!Mortgage Instrument Dead/Mortgage Tax Stamp Recording/Filing Stamps
71 FEES
,2 'Mortgage Amt.
Page/Filing Fee 1.Basic Tax : -
Handling i' 2U. 00: 2. Additional Tax
TP-564 Sub Total
Spec./Asslt.
Notation or
Sub Total -- 5� Spec./Add.
EA-5217(County). - - •
EA-5217(state) TOT.MTG.TAX
Dual Town Dual County
R.P.T.S.A. Held for Appointment
Comm,of Ed. 5: 00 Transfer Tax
Mansion Tax
Affidavit +
The property covered by this mortgage Is
Certified Copy I or will be Improved by a one or two
YS 15. 00 Surcharge - family dwelling only.
g Sub Total °� YES or NO
Other
Grand Total a If NO,see appropriate tax clause on
page# of this Instrument, f
5456802 1000 09600 0300 007003 �f I
4 'Dist.1 wo /� )05 5. Community Preservation Fund
Real Property u cvn IIiII IIiII IIIII IiIII Consideration Amount$
Tax Service
Agency - CPF Tax Due $
Verification
Improved
6 Sa sfagUons D sogrges-Re eases List-Property Owners Mal.lingAddresp
RECORD&RETURN TO: Vacant Land
Lill, ' Ac-Iutlok k
TD,
�bvhu �=. �air L0.h(9 CSC✓J0.�1 T_ D {
5-4345 �? ?F, : Pv$5y. I I q �
TD i
'04.1hoid , ' �- I Iqr7l
Mail to: Vincent Puleo, Suffolk County Clerk 7 Title Company information
310: Center Drive, Riverhead, -NY 11901 Co.Name jt C 'i (dyx h
www.suffolkcountyhy.gov/clerk
Title# 3 fJr3 3 52 i
8 Su o County Recor *ing & Endorsement Page
This page forms part of the attached V old. P.CZyehQK . a4 ke-5M.• "m s -
by: J (SPECIFYTYPEOF INSTRUMENT) r
Qp� i
y f`-ls Ihq r The premises hereln Is situated In t
. n rrr v n� ur+-i uru •....... I
713c*35Z
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION, made as of the "'day of -VetbMb&' 2024, by Early
Rising Farm, LLC, with an address:-of. 24 2S C*4A%Cutchogue, New. York 1193 5, hereinafter
referred to as the"DECLARANT".
WITNESSETH:
WHEREAS,DECLARANT is the owner of certain real property situate at 1555 Cox Lane,
'Cutchogue in'the Town of Southold,County of Suffolk,and State of New York designated as part
of SCTM 41000-96-3-7.3, and described in the metes and bounds description attached at Exhibit
"A'and made a part hereof(the"Property"); and
WHEREAS,,the.Survey shows.a Development Rights Easement:Area of_8.59 acres and a
Reserve Area (or Development„Area) of 2.99 acres, both described in the metes and bounds
description attached as Exhibit`B"and"C",respectively;and
WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of
Development Rights Easement,the Town Board.of the.Town of•Southold(the;"Town Board's has
deemed it-in the besi 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 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 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
3.Cp 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 sell, transfer, gift or otherwise relinquish ownership of the
Reserved Area unless such is conveyed togethei.'with.the Development.Rights Easement Parcel
(Area) into the same Grantor; and will not make an application for or seek any relief from the
Town.of Southold that would allow subdivision of the Reserved Area from the`area subject to the .
Deed of Development Rights Easement. Notwithstanding, said Development Rights Easement
Parcel is subject to the provisions set forth in Section 3.03 of the Grant of Development Rights
Easement which reads as follows:
i
C
"3.03 Subdivision
Except as provided in this Section 3.03,the Property may not be further subdivided
pursuant to Town Law Section 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 area acquired
into two or more parcels, in whole or part.
Grantor may, subject to approval of 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 death of Grantor or its Members, 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."
The Reserve Area must always be associated with a Development Rights Easement Parcel
which contains preserved agricultural land subject to a development rights easement or other
conservation instrument.
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 or its legal
successor, following a public hearing.
IN WITNESS WHEREOF, the DECLARANT above named has duly executed the
foregoing Declaration the day and year first above written.
EARLY RISING FARM,LLC
p��'j —'--->, '�-,j ,
By:.Avq 16. Goerler� s2:
M,a Nq (:a EP
STATE OF NEW YORK )
) ss.:
COUNTY OF SUFFOLK )
On the day of DUrerojk,/ , 2024, before me, the undersigned, personally
appeared Ronald B. GoelQer, Jr., personally known to me or proved to me on the basis of
satisfactory evidence to be the individual whose name is subscribed to the within instrument and
acknowledged to me that he executed the same in his capacity, and that by his signature on the
instrument,the individual, or the person upon behalf of which the individual acted, executed the
instrument,and that such individual made such appearance before the undersigned.
Notary Public
ROSIN,CURRAN'
Notary Public.Mato of New York
Rag:No 61 C.W,88fi786
i
Qualified n Suftlk County
comrniwon Expires February 17,20?l
Exhibit A
DESCRIPTION FOR DISTRICT 1000 SECTION 096.00 BLOCK 03.00 LOT 007.003:
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane
and the Northwesterly side of Main Road;
RUNNING THENCE South 37 degrees 18 minutes 30 seconds West, 165.00 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 185.00 feet;
THENCE South 37 degrees 18 minutes 30 seconds West, 407.91 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 1050.32 feet to a monument found;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to a monument found on the
Southwesterly side of Cox's Lane;
THENCE the following two (2)courses and distances along the Southwesterly side of Cox's
Lane:
1. South 57 degrees 52 minutes 10 seconds East, 163.52 feet;
2. South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West,200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East,417.87 feet to a monument found;
THENCE North 32 degrees 28 minutes 20 seconds East, 199.79 feet a monument found on the
Southwesterly side of Cox's Lane;
THENCE along the Southwesterly side of Cox's Lane South 57 degrees 25 minutes 30 seconds
East, 200.34 feet to a monument found at THE POINT OR PLACE OF BEGINNING.
Exhibit B
DESCRIPTION FOR EASEMENT AREA: DISTRICT 1000 SECTION 096.00 BLOCK
03.00 PART OF LOT 007.003:
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane
and the Northwesterly side of Main Road;Thence still along the southwesterly side of Cox's
Lane,North 57 degrees 25 minutes 30 seconds West,200.34 feet;Thence leaving Cox's Lane,
running South 32 degrees 28 minutes 20 seconds West, 199.79 feet to a concrete monument
found and the true point of beginning;
RUNNING THENCE South 32 degrees 28 minutes 20 seconds West,42.96 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 154.71 feet;
THENCE South 37 degrees 18 minutes 30 seconds West, 334.25 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 839.76 feet;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to a monument found on the
Southwesterly side of Cox's Lane;
THENCE the following two (2) courses and distances along the Southwesterly side of Cox's
Lane:
1. South 57 degrees 52 minutes 10 seconds East, 163.52 feet;
2. South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West,200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East, 417.87 feet to a concrete monument
found and THE POINT OR PLACE OF BEGINNING.
Exhibit C
DESCRIPTION FOR EXCLUDED AREA: DISTRICT 1000 SECTION 096.00 BLOCK
03.00 PART OF LOT 007.003:
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane
and the Northwesterly side of Main Road;
RUNNING THENCE South 37 degrees 18 minutes 30 seconds West, 165.00 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 185.00 feet;
THENCE South 37 degrees 18 minutes 30 seconds West,407.91 feet;
THENCE North 58 degrees 45 minutes 30 seconds West,210.56 feet;
THENCE North 37 degrees 18 minutes 30 seconds East, 334.25 feet;
THENCE North 57 degrees 25 minutes 30 seconds West, 154.71 feet;
THENCE North 32 degrees 28 minutes 20 seconds East,42.96 feet;
THENCE North 32 degrees 28 minutes 20 seconds East, 199.79 feet to the Southwesterly side of
Cox's Lane;
THENCE along the Southwesterly side of Cox's Lane, South 57 degrees 25 minutes 30 seconds
East, 200.34 feet to THE POINT OR PLACE OF BEGINNING.
T
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APstewart ALTA Owner's Policy of Title Insurance 2021
---TITLE (03/08/2024)SEVENTH REVISION(10/01/2024)
ALTA OWNER'S POLICY OF TITLE INSURANCE ISSUED BY
Stewart Title Insurance Company
This policy,when issued by the Company with a Policy Number and the Date of Policy,is valid even if this policy or
any endorsement to this policy is issued electronically or lacks any signature.
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 Condition 17.
COVERED RISKS
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN
SCHEDULE B, AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation (the
"Company"),insures as of the Date of Policy and,to the extent stated in Covered Risks 9 and 10, after the Date of Policy,
against loss or damage,not exceeding the Amount of Insurance,sustained or incurred by the Insured by reason of:
1. The Title being vested other than as stated in Schedule A.
2. Any defect in or lien or encumbrance on the Title. Covered Risk 2 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. the failure of a person or Entity to have authorized a transfer or conveyance;
iii. a document affecting the Title not properly created, executed, witnessed, sealed, acknowledged, notarized
(including by remote online notarization),or delivered;
iv. a 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 the failure have to
performed those acts by electronic means authorized by law;or
vii. a defective judicial or administrative proceeding;or
viii. the repudiation of an electronic signature by a person that executed a document because the electronic
signature on the document was not valid under applicable electronic transactions law.
b. the lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but
unpaid.
c. the effect on the Title of an encumbrance, violation, variation, adverse circumstance, boundary line overlap, or
encroachment(including an encroachment of an improvement across the boundary lines of the Land),but only if
the encumbrance,violation,variation, adverse circumstance,boundary line overlap,or encroachment would have
been disclosed by an accurate and complete land title survey of the Land.
3. Unmarketable Title.
4. No right of access to and from the Land.
5. A violation or enforcement of a law,ordinance,permit,or governmental regulation(including those relating to building
and zoning),but only to the extent of the violation or enforcement described by the enforcing governmental authority in
an Enforcement Notice that identifies a restriction,regulation,or prohibition relating to:
a. the occupancy,use,or enjoyment of the Land;
b. the character,dimensions,or location of an improvement on the Land;
c. the subdivision of the Land;or
d. environmental remediation or protection on the Land.
Countersigned by:
2` fr"pt0 John Frates
ac 19$7 .i President and General Counsel
Craig 1 nberg
Division •esident
avld Hlsey
Secretary
Serial No.: 0-8931-000007839
File No.:71300352
COVERED RISKS(Continued)
6. An enforcement of a governmental forfeiture,police,regulatory,or ii. Voidable transfer under the Uniform Voidable
national security power,but only to the extent of the enforcement Transactions Act;or
described by the enforcing governmental authority in an b. because the instrument vesting the Title constitutes a
Enforcement Notice. preferential transfer under federal bankruptcy, state
7. An exercise of the power of eminent domain,but only to the extent: insolvency,or similar state or federal creditors'rights law by
a. of the exercise described in an Enforcement Notice;or reason of the failure:
b. the taking occurred and is binding on a purchaser for value i. to timely record the instrument vesting the Title in the
without Knowledge. Public Records after execution and delivery of the
B. An enforcement of a PACA-PSA Trust,but only to the extent of the instrument to the Insured;or
enforcement described in an Enforcement Notice. ii. of the recording of the instrument vesting the Title in the
9. The Title being vested other than as stated in Schedule A,the Title Public Records to impart notice of its existence to a
being defective,or the effect of a court order providing an alternative purchaser for value or to a judgment or lien creditor.
remedy: 10. Any defect in or lien or encumbrance on the Title or other matter
a. Resulting from the avoidance, in whole or in part, of any included in Covered Risks 1 through 9 that has been created or
transfer of all or any part of the Title to the Land or any attached or has been filed or recorded in the Public Records
interest in the Land occurring prior to the transaction vesting subsequent to the Date of Policy and prior to the recording of the
the Title because that prior transfer constituted a: deed or other instrument vesting the Title in the Public Records.
i. Fraudulent conveyance, fraudulent transfer, or
preferential transfer under federal bankruptcy, state DEFENSE OF COVERED CLAMS
insolvency,or similar state or federal creditors'rights law; The Company will also pay the costs, attorneys' fees, and expenses
or incurred in defense of any matter insured against by this policy,but only
to the extent provided in the Conditions.
EXCLUSIONS FROM COVERAGE
The following matters are excluded from the coverage of this policy,and C. resulting in no loss or damage to the Insured Claimant;
the Company will not pay loss or damage, costs, attorneys' fees, or d. attaching or created subsequent to the Date of Policy
expenses that arise by reason of: (Exclusion 3.d.does not modify or limit the coverage provided
1. a. Any law, ordinance, permit, or governmental regulation under Covered Risk 9 or 10);or
(including those relating to building and zoning) that restricts, e. resulting in loss or damage that would not have been sustained
regulates,prohibits,or relates to: if consideration sufficient to qualify the Insured named in
i. the occupancy,use,or enjoyment of the Land; Schedule A as a bona fide purchaser had been given for the
ii. the character, dimensions, or location of any improvement on Title at the Date of Policy.
the Land; 4. Any claim,by reason of the operation of federal bankruptcy,state
iii. the subdivision of land;or insolvency, or similar creditors' rights law, that the transaction
iv. environmental remediation or protection. vesting the Title as shown in Schedule A is a:
b. any governmental forfeiture, police, regulatory, or national a. fraudulent conveyance or fraudulent transfer;
security power. b. voidable transfer under the Uniform Voidable Transactions
C. the effect of a violation or enforcement of any matter excluded Act;or
under Exclusion La.or Lb. C. preferential transfer:
Exclusion 1 does not modify or limit the coverage provided under i. to the extent the instrument of transfer for vesting the
Covered Risk 5 or 6. Title as shown in Schedule A is not a transfer made as a
2. Any power of eminent domain.Exclusion 2 does not modify or limit contemporaneous exchange for new value;or
the coverage provided under Covered Risk 7. ii. for any other reason not stated in Covered Risk 9.b.
3. Any defect,lien,encumbrance,adverse claim,or other matter: 5. Any claim of a PACA-PSA Trust. Exclusion 5 does not modify or
a. created, suffered, assumed, or agreed to by the Insured limit the coverage provided under Covered Risk 8.
Claimant; 6. Any lien on the Title for real estate taxes or assessments imposed
b, not Known to the Company,not recorded in the Public or collected by a governmental authority that becomes due and
Records at the Date of Policy,but Known to the Insured payable after the Date of Policy.Exclusion 6 does not modify or limit
Claimant and not disclosed in writing to the Company by the the coverage provided under Covered Risk 2.b.
Insured Claimant prior to the date the Insured Claimant 7. Any discrepancy in the quantity of the area, square footage, or
became an Insured under this policy; acreage of the Land or of any improvement to the Land.
CONDITIONS
1. DEFINITION OF TERMS decreased by Condition 10 or 11;or increased or decreased
by endorsements to this policy.
In this policy,the following terms have the meanings given to C. 'Date of Policy': The Date of Policy stated in Schedule A.
them below.Any defined term includes both the singular and d. `Discriminatory Covenant": Any covenant, condition,
the plural,as the context requires: restriction, or limitation that is unenforceable under
a. "Affiliate": An Entity; applicable law because it illegally discriminates against a
i. that is wholly owned by the Insured; class of individuals based on personal characteristics such
ii. that wholly owns the Insured;or as race,color,religion,sex,sexual orientation,gender
iii. if that Entity and the Insured are both wholly owned identity,familial status,disability,national origin,or other
by the same person or entity. legally protected class.
b. Amount of Insurance":The Amount of Insurance stated in i. "Enforcement Notice": A document recorded in the
Schedule A, as may be increased by Condition 8.d. or Public Records that describes any part of the Land
Serial No.: 0-8931-000007839
File No.:71300352
andds issued by a governmental agency that identifies in. "State":The state or commonwealth of the United States
a violation or enforcement of a law,ordinance,permit, within whose exterior boundaries the Land is located.The
or governmental regulation; term "State" also includes the District of Columbia, the
ii. is issued by a holder of the power of eminent domain Commonwealth of Puerto Rico,the U.S.Virgin Islands,and
or a governmental agency that identifies the exercise Guam.
of a governmental power;or n. "Title":The estate or interest in the Land identified in Item
iii. asserts a right to enforce a PACA PSA Trust. 2 of Schedule A.
e. "Entity":A corporation,partnership,trust,limited liability o. "Unmarketable Title":The Title affected by an alleged or
company,or other entity authorized by law to own title to apparent matter that would permit a prospective
real property in the State where the Land is located. purchaser or lessee of the Title or a lender on the Title to
f. "Insured": be released from the obligation to purchase,lease,or lend
i. if there is a contractual condition requiring the delivery of
(a) The Insured named in.Item 1 of Schedule A; marketable title.
(b) the successor to the Title of an Insured by
operation of law as distinguished from purchase, 2. CONTINUANCE OF COVERAGE
including heirs, devisees, survivors, personal
representatives,or next of kin; This policy continues as of the Date of Policy in favor of an
(c) the successor to the Title of an Insured resulting Insured,so long as the Insured:
from dissolution, merger, consolidation, a. retains an estate or interest in the Land;
distribution,or reorganization; b, owns an obligation secured by a purchase money Mortgage
(d) the successor to the Title of an Insured resulting given by a purchaser from the Insured;or
from its conversion to another kind of Entity;or c. has liability for warranties given by the Insured in any
(e) the grantee of an Insured under a deed or other transfer or conveyance of the Insured's Title.
instrument transferring the Title,if the grantee
is: 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED
(1) an Affiliate; CLAIMANT
(2) a trustee or beneficiary of a trust created by
a written instrument established for estate The Insured must notify the Company promptly in writing if the
planning purposes by an Insured: Insured has Knowledge of:
(3) a spouse who receives the Title because of a a. any litigation or other matter for which the Company may
dissolution of marriage; be liable under this policy;or
(4) a transferee by a transfer effective on the b. any rejection of the Title as Unmarketable Title.
death of an Insured as authorized by law;or If the Company is prejudiced by the failure of the Insured
(5) another Insured named in Item 1 of Claimant to provide prompt notice, the Company's liability to
Schedule A. the Insured Claimant under this policy is reduced to the extent
ii. The Company reserves all rights and defenses as to of the prejudice.
any successor or grantee that the Company would
have had against any predecessor Insured. 4. PROOF OF LOSS
g. "Insured Claimant":An Insured claiming loss or damage
arising under this policy. The Company may, at its option, require as a condition of
h. "Knowledge" or "Known': Actual knowledge or actual payment that the Insured Claimant furnish a signed proof of
notice,but not constructive notice imparted by the Public loss. The proof of loss must describe the defect, lien,
Records. encumbrance,adverse claim,or other matter insured against by
i. "Land": The land described in Item 4 of Schedule A and this policy that constitutes the basis of loss or damage and must
improvements located on that land at the Date of Policy state,to the extend possible,the basis of calculating the amount
that by State law constitute real property.The term"Land" of the loss or damage.
does not include any property beyond that described in
Schedule A, nor any right, title, interest, estate, or 5. DEFENSE AND PROSECUTION OF ACTIONS
easement in any abutting street,road,avenue,alley,lane,
right-of-way, body of water, or waterway, but does not a. Upon written request by the Insured and subject to the
modify or limit the extent that a right of access to and from options contained in Condition 7,the Company,at its own
the Land is insured by this policy. cost and without unreasonable delay,will provide for the
j. "Mortgage": A mortgage, deed of trust, security deed, or defense of an Insured in litigation in which any third party
other real property security instrument, including one asserts a claim covered by this policy adverse to the
evidenced by electronic means authorized by law. Insured. This obligation is limited to only those stated
k. "PACA-PSA Trust":A trust under the federal Perishable causes of action alleging matters insured against by this
Agricultural Commodities Act or the federal Packers and policy.The Company has the right to select counsel of its
Stockyards Act or a similar State or federal law. choice (subject to the right of the Insured to object for
1. "Public Records": The recording or filing system reasonable cause) to represent the Insured as to those
established under State statutes in effect at the Date of covered causes of action.The Company is not liable for and
Policy under which a document must be recorded or filed to will not pay the fees of any other counsel.The Company
impart constructive notice of matters relating to the Title will not pay any fees, costs, or expenses incurred by the
to a purchaser for value without Knowledge. The term Insured in the defense of any cause of action that alleges
"Public Records" does not include any other recording or matters not insured against by this policy.
filing system, including any pertaining to environmental b. The Company has the right, in addition to the options
remediation or protection, planning, permitting, zoning, contained in Condition 7,at its own cost,to institute and
licensing, building, health, public safety, or national prosecute any action or proceeding or to do any other act
security matters. that, in its opinion, may be necessary or desirable to
establish the Title,as insured,or to prevent or reduce loss
Serial No.: 0-893I-000007839
File No.: 71300352
CONDITIONS(Continued)
or damage to the Insured. The Company may take any
appropriate action under the terms of this policy,whether In case of a claim under this policy, the Company has the
or not it is liable to the Insured.The Company's exercise of following additional options:
these rights is not an admission of liability or waiver of any a. To Pay or Tender Payment of the Amount of Insurance
provision of this policy.If the Company exercises its rights To pay or tender payment of the Amount of Insurance
under Condition 5.b.,it must do so diligently. under this policy.In addition,the Company will pay any
C. When the Company brings an action or asserts a defense costs,attorneys'fees,and expenses incurred by the Insured
as required or permitted by this policy,the Company may Claimant that were authorized by the Company up to the
pursue the litigation to a final determination by a court time of payment or tender of payment and that the
having jurisdiction.The Company reserves the right,in its Company is obligated to pay.
sole discretion,to appeal any adverse judgment or order. Upon the exercise by the Company of this option provided
for in Condition Ta., the Company's liability and
6. DUTY OF INSURED CLAIMANT TO COOPERATE obligations to the Insured under this policy terminate,
including any obligation to defend,prosecute, or continue
a. When this policy permits or requires the Company to any litigation.
prosecute or provide for the defense of any action or b. To Pay or Otherwise Settle with Parties other than the
proceeding and any appeals,the Insured will secure to the Insured or with the Insured Claimant
Company the right to prosecute or provide defense in the i. To pay or otherwise settle with parties other than the
action or proceeding, including the right to use, at its Insured for or in the name of the Insured Claimant.In
option, the name of the Insured for this purpose.
addition,the Company will pay any costs, attorneys'
When requested by the Company, the Insured, at the fees,and expenses incurred by the Insured Claimant
Company's expense,must give the Company all reasonable that were authorized by the Company up to the time
aid in: of payment and that the Company is obligated to pay;
i. securing evidence, securing evidence, obtaining or
witnesses, prosecuting or defending the action or ii. To pay or otherwise settle with the Insured Claimant
proceeding,or effecting settlement;and the loss or damage provided for under this policy.In
ii. any other lawful act that in the opinion of the
Company may be necessary or desirable to establish addition,the Company will pay any costs, attorneys'
the Title or any other matter,as insured. fees,and expenses incurred by the Insured Claimant
If the Company is prejudiced by any failure of the Insured that were authorized by the Company up to the time
to furnish the required cooperation,the Company's liability of payment and that the Company is obligated to pay.
and obligations to the Insured under this policy terminate, Upon the exercise by the Company of either option
including any obligation to defend,prosecute,or continue provided for in Condition 7.b.,the Company's liability and
any litigation, regarding the matter requiring such obligations to the Insured under this policy for the claimed
cooperation.
b. The Company may reasonably require the Insured loss or damage terminate, including any obligation to
Claimant to submit to examination under oath by any defend,prosecute,or continue any litigation.
authorized representative of the Company and to produce
for examination, inspection, and copying, at such 8. CONTRACT OF INDEMNITY; DETERMINATION AND
reasonable times and places as may be designated by the EXTENT OF LIABILITY
authorized representative of the Company, all records,in
whatever medium maintained, including books, ledgers, This policy is a contract of indemnity against actual monetary
checks, memoranda, correspondence, reports, e-mails,
disks,tapes,and videos,whether bearing a date before or loss or damage sustained or incurred by an Insured Claimant
after the Date of Policy,that reasonably pertain to the loss who has suffered loss or damage by reason of matters insured
or damage. Further, if requested by any authorized against by this policy.This policy is not an abstract of the Title,
representative of the Company,the Insured Claimant must report of the condition of the Title,legal opinion,opinion of the
grant its permission, in writing, for any authorized Title, or other representation of the status of the Title. All
representative of the Company to examine, inspect, and claims asserted under this policy are based in contract and are
copy all the records in the custody or control of a third party
that reasonably pertain to the loss or damage. No restricted to the terms and provisions of this policy. The
information designated in writing as confidential by the Company is not liable for any claim alleging negligence or
Insured Claimant provided to the Company pursuant to negligent misrepresentation arising from or in connection with
Condition 6 will be later disclosed to others unless,in the this policy or the determination of the insurability of the Title.
reasonable judgment of the Company, disclosure is a. The extent of liability of the Company for loss or damage
necessary in the administration of the claim or required by under this policy does not exceed the lessor of:
law. Any failure of the Insured Claimant to submit for i. The Amount of Insurance;
examination under oath, produce any reasonably
requested information, or grant permission to secure ii. The difference between the fair market value of the
reasonably necessary information from third parties as Title,as insured,and the fair market value of the Title
required in Condition 6.b., unless prohibited by law, subject to the matter insured against the policy.
terminates any liability of the Company under this policy b. Except as provided in Condition 8.c.or 8.d.,the fair market
as to that claim. value of the Title in Condition 8.a.ii.is calculated using the
7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
Serial No.: 0-8931-000007839
File No.:71300352
CONDITIONS(Continued)
date the Insured discovers the defect,lien, encumbrance, exception is taken in Schedule B or to which the Insured has
adverse claim, or other matter insured against by this agreed,assumed,or taken subject,or which is executed by an
policy. Insured after the Date of Policy and which is a charge or lien on
c. If,at the Date of Policy,the Title to all of the Land is void the Title,and the amount so paid will be deemed a payment to
by reason of a matter insured against by this policy,then the Insured under this policy.
the Insured Claimant may,by written notice given to the
Company, elect to use the Date of Policy as the date for 12. PAYMENT OF LOSS
calculating the fair market value of the Title in Condition When liability and the extent of loss or damage are determined
8.a.ii. in accordance with the Conditions,the Company will pay the
d. If the Company pursues its right under Condition 5.b.and loss or damage within 30 days.
is unsuccessful in establishing the Title,as insured:
i. the Amount of Insurance will be increased by 15%; 13. COMPANY'S RECOVERY AND SUBROGATION RIGHTS
and UPON SETTLEMENT AND PAYMENT
ii. the Insured Claimant may,by written notice given to a. If the Company settles and pays a claim under this policy,
the Company,elect,as an alternative to the dates set it is subrogated and entitled to the rights and remedies of
forth in Condition 8.b. or, if it applies, 8.c., to use the Insured Claimant in the Title and all other rights and
either the date the settlement,action,proceeding,or remedies in respect to the claim that the Insured Claimant
other act described in Condition 5.b.is concluded or has against any person, entity, or property to the fullest
the date the notice of claim required by Condition 3 is extent permitted by law,but limited to the amount of any
received by the Company as the date for calculating loss, costs, attorneys' fees, and expenses paid by the
the fair market value of the Title in Condition 8.a.ii. Company. If requested by the Company, the Insured
e. In addition to the extent of liability for loss or damage Claimant must execute documents to transfer these rights
under Conditions 8.a.and 8.d.,the Company will also pay and remedies to the Company. The Insured Claimant
the costs, attorneys' fees, and expenses incurred in permits the Company to sue,compromise,or settle in the
accordance with Conditions 5 and 7. name of the Insured Claimant and to use the name of the
Insured Claimant in any transaction or litigation involving
9. LIMITATION OF LIABILITY these rights and remedies.
a. The Company fully performs its obligations and it not b. If a payment on account of a claim does not fully cover the
liable for any loss or damage caused to the Insured if the loss of the Insured Claimant, the Company defers the
Company accomplishes any of the following in a reasonable exercise of its subrogation right until after the Insured
manner: Claimant fully recovers its loss.
i. removes the alleged defect, lien, encumbrance, C. The Company's subrogation right includes the Insured's
adverse claim,or other matter; rights to indemnity,guaranty,warranty,insurance policy,
ii. cures the lack of a right of access to and from the Land; or bond, despite any provision in those instruments that
or addresses recovery or subrogation rights.
iii. cures the claim of Unmarketable Title,
all as insured. The Company may do so by any method, 14. POLICY ENTIRE CONTRACT
including litigation and the completion of any appeals. a. This policy together with all endorsements, if any,issued
b. The Company is not liable for loss or damage arising out of by the Company is the entire policy and contract between
any litigation,including litigation by the Company or with the Insured and the Company. In interpreting any
the Company's consent, until a State or federal court provision of this policy, this policy will be construed as a
having jurisdiction makes a final, non appealable whole.This policy and any endorsement to this policy may
determination adverse to the Title. be evidenced by electronic means authorized by law.
C. The Company is not liable for loss or damage to the Insured b. Any amendment of this policy must be by a written
for liability voluntarily assumed by the Insured in settling endorsement issued by the Company. To the extent any
any claim or suit without the prior written consent of the term or provision of an endorsement is inconsistent with
Company. any term or provision of this policy,the term or provision
d. The Company is not liable for the content of the of the endorsement controls. Unless the endorsement
Transaction Identification Data,if any. expressly states,it does not:
i. modify any prior endorsement.
10. REDUCTION OR TERMINATION OF INSURANCE ii. extend the Date of Policy;
All payments under this policy,except payments made or costs, iii. insure against loss or damage exceeding the Amount
attorneys'fees,and expenses,reduce the Amount of Insurance of Insurance,or
by the amount of the payment. iv. increase the Amount of Insurance.
11. LIABILITY NONCUMULATIVE 15. SEVERABLITY
The Amount of Insurance will be reduced by any amount the In the event any provision of this policy,in whole or in part,is
Company pays under any policy insuring a Mortgage to which held invalid or unenforceable under applicable law,
Serial No.: 0-8931-000007839
File No.:71300352
CONDITIONS(Continued)
this policy will be deemed not to include that provision or the binding arbitration only when agreed to by both the
part held to be invalid,but all other provisions will remain in Company and the Insured.Arbitration must be conducted
full force and effect. pursuant to the Title Insurance Arbitration Rules of the
American Land Title Association ("ALTA Rules"). The
16. CHOICE OF LAW AND CHOICE OF FORUM ALTA Rules are available online at
www.alta.org(arbitration.The ALTA Rules incorporate,as
a. Choice of Law appropriate to a particular dispute, the Consumer
The Company has underwritten the risks covered by this Arbitration Rules and Commercial Arbitration Rules of the
policy and determined the premium charged in reliance American Arbitration Association("AAA Rules").The AAA
upon the State law affecting interests in real property and Rules are available online at www.adr.org.
the State law applicable to the interpretation, rights, b. ALL CLAIMS AND DISPUTES MUST BE BROUGHT IN
remedies,or enforcement of policies of title insurance of the AN INDIVIDUAL CAPACITY. NO PARTY MAY SERVE
State where the Land is located. AS PLAINTIFF,CLASS MEMBER,OR PARTICIPANT IN
The State law of the State where the Land is located,or to ANY CLASS, REPRESENTATIVE, OR PRIVATE
the extent it controls, federal law, will determine the ATTORNEY GENERAL PROCEEDING IN ANY
validity of claims against the Title and the interpretation ARBITRATION GOVERNED BY CONDITION 19. The
and enforcement of the terms of this policy,without regard arbitrator does not have authority to conduct any class
to conflicts of law principles to determine the applicable action arbitration,private attorney general arbitration,or
law. arbitration involving joint or consolidated claims under
b. Choice of Forum any circumstance.
Any litigation or other proceeding brought by the Insured c. If there is a final judicial determination that a request for
against the Company must be filed only in a State or particular relief cannot be arbitrated in accordance with
federal court having jurisdiction. this Condition 19, then only that request for particular
relief may be brought in court.All other requests for relief
17. NOTICES remain subject to this Condition 19.
d. The Company will pay all AAA filing,administration,and
Any notice of claim and any other notice or statement in writing arbitrator fees of the consumer when the arbitration seeks
required to be given to the Company under this policy must be relief of$100,000 or less. Other fees will be allocated in
given to the Company at: Stewart Title Insurance Company; accordance with the applicable AAA Rules.The results of
Attention: Claims Department, 2 Grand Central Tower, 140 arbitration will be binding upon the parties.The arbitrator
East 45th Street,33rd Floor,New York,NY 10017. may consider, but is not bound by, rulings in prior
arbitrations involving different parties. The arbitrator is
18. CLASS ACTION bound by rulings in prior arbitrations involving the same
parties to the extent required by law.The arbitrator must
ALL CLAIMS AND DISPUTES ARISING OUT OF OR issue a written decision sufficient to explain the findings
RELATING TO THIS POLICY,INCLUDING ANY SERVICE and conclusions on which the award is based. Judgment
OR OTHER MATTER IN CONNECTION WITH ISSUING upon the award rendered by the arbitrator may be entered
THIS POLICY,ANY BREACH OF A POLICY PROVISION,OR in any State or federal court having jurisdiction.
ANY OTHER CLAIM OR DISPUTE ARISING OUT OF OR
RELATING TO THE TRANSACTION GIVING RISE TO THIS
POLICY, MUST BE BROUGHT IN AN INDIVIDUAL
CAPACITY.NO PARTY MAY SERVE AS PLAINTIFF, CLASS
MEMBER, OR PARTICIPANT IN ANY CLASS,
REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL
PROCEEDING.
19. ARBITRATION
a. All claims and disputes arising out of or relating to this
policy,including any service or other matter in connection
with issuing this policy,any breach of a policy provision,or
any other claim or dispute arising out of or relating to the
transaction giving rise to this policy, may be resolved by
arbitration. If the Amount of Insurance is $2,000,000 or
less, any claim or dispute may be submitted to binding
arbitration at the election of either the Company or the
Insured. If the Amount of Insurance is greater than
$2,000,000, any claim or dispute may be submitted to
Serial No.: 0-8931-000007839
File No.:71300352
Policy Number: 0-8931-000007839
//Pstewart
TITLE Date of Policy: December 5, 2024
File Number: 71300352
Name and Address bf Title Insurance Company: Stewart Title Insurance Company
2 Grand Central Tower
140 East 45th Street, 33rd Floor
New York,NY 10017
SCHEDULE A— CERTIFICATION
Amount of Insurance: $538,377.00
1. The Insured is:
Town of Southold
2. The estate or interest in the Land insured by this policy is:
Easement
3. The Title is vested in:
Town of Southold by virtue of an Grant of Development Rights Easement Agreement by deed from
Early Rising Farm LLC dated 12/5/2024 to be duly recorded in the Suffolk County Clerk's Office.
4. The Land is described as follows:
See Schedule A Description, attached hereto and made a part hereof.
District: 1000 Section: 096.00 Block: 03.00 p/o Lot: 007.003
-Schedule A Certification(Page 1 of 1)-
Policy Number: 0-8931-000007839
Allstewart
TITLE Date of Policy: December 5, 2024
File Number: 71300352
SCHEDULE A—DESCRIPTION
DESCRIPTION FOR.DISTRICT_1000 SECTION 096.00 BLOCK 03.00 PART OF LOT 007.003-,
EASEMENT TO BE INSURED:
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane and the
Northwesterly side of Main Road; Thence still along the southwesterly side of Cox's Lane, North 57
degrees 25 minutes 30 seconds West, 200.34 feet; Thence leaving Cox's Lane, running South 32 degrees
28 minutes 20 seconds West, 199.79 feet to a concrete monument found and the true point of beginning;
RUNNING THENCE South 32 degrees 28 minutes 20 seconds West, 42.96 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 154.71 feet;
THENCE South 37 degrees 18 minutes 30 seconds West, 334.25 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 839.76 feet;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to a monument found on the
Southwesterly side of Cox's Lane;
THENCE the following two (2) courses and distances along the Southwesterly side of Cox's Lane:
1. South 57 degrees 52 minutes 10 seconds East, 163.52 feet;
2. South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West, 200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East, 417.87 feet to a concrete monument found and
THE POINT OR PLACE OF BEGINNING.
-Schedule A Description(Page 1 of 2)-
//P^stewart Policy Number: 0-8931-000007839
riT�E Date of Policy: December 5, 2024
File Number: 71300352
DESCRIPTION FOR DISTRICT 1000 SECTION 096.00 BLOCK 03.00 LOT 007.003:.
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 monument found on the Southwesterly side of Cox's Lane distant 1518.62 feet
Northerly from the corner formed by the intersection of the Southwesterly side of Cox's Lane and the
Northwesterly side of Main Road;
RUNNING THENCE South 37 degrees 18 minutes 30 seconds West, 165.00 feet to a point;
THENCE South 57 degrees 25 minutes 30 seconds East, 185.00 feet;
THENCE South 37 degrees 18 minutes 30 seconds West, 407.91 feet;
THENCE North 58 degrees 45 minutes 30 seconds West, 1050.32 feet to a monument found;
THENCE North 34 degrees 56 minutes 40 seconds East, 593.91 feet to a monument found on the
Southwesterly side of Cox's Lane;
THENCE the following two (2) courses and distances along the Southwesterly side of Cox's Lane:
1. South 57 degrees 52 minutes 10 seconds East, 163.52 feet;
2. South 57 degrees 31 minutes 40 seconds East, 106.03 feet;
THENCE South 32 degrees 28 minutes 20 seconds West, 200.00 feet;
THENCE South 57 degrees 31 minutes 40 seconds East, 417.87 feet to a monument found;
THENCE North 32 degrees 28 minutes 20 seconds East, 199.79 feet a monument found on the
Southwesterly side of Cox's Lane;
THENCE along the Southwesterly side of Cox's Lane South 57 degrees 25 minutes 30 seconds East,
200.34 feet to a monument found at THE POINT OR PLACE OF BEGINNING.
-Schedule A Description(Page 2 of 2)-
Policy Number: 0-8931-000007839
AlLatewart
TITLE Date of Policy: December 5, 2024
File Number: 71300352
SCHEDULE B
EXCEPTIONS FROM COVERAGE
Some historical land records contain Discriminatory Covenants that are illegal and
unenforceable by law. This policy treats any Discriminatory Covenant in a document
referenced in Schedule B as if each Discriminatory Covenant is redacted,repudiated,removed,
and not republished or recirculated. Only the remaining provisions of the document are
excepted from coverage.
This policy does not insure against loss or damage and the Company will not pay costs, attorneys'fees, or
expenses resulting from the terms and conditions of any lease or easement identified in Schedule A, and
the following matters:
1. Rights of tenants or parties in possession, if any.
2. Policy excepts all water charges from date of the last actual reading of the meter including all charges
entered hereafter but which might include usage prior to the date of this policy.
3. Private Well Covenants-Declaration of Covenants and Restrictions recorded in Liber 12407 uaae 492.
4. Declaration of Covenants and Restrictions recorded in Liber 12423 take 307.
6. Survey exceptions as shown on survey made by John Minto Land Surveying, last dated 8/15/2024 (Job
Number 2'4/Cox Lane):
a. Post&rail fence and tree varies along part of northwesterly line;
b. Post&rail fence and tree row varies along parts of easterly line;
c. Wire fence varies and encroaches up to 4.3 feet southeast of southeasterly line;
d. Hedge rows and wire fence varies up to 8.8 feet west of easterly line,up to 2.1 feet northwest of
southeasterly line and up to 1.6 feet southeast of southeasterly line;
e. Subject to the rights of others over a gravel and earth path along southerly line and extending
north of southerly line.
6. CREDIT LINE MORTGAGE made by Early Rising Farm,LLC, as mortgagor(s) to Farm Credit East,
ACA, as mortgagee, dated 2/23/2021 and recorded 11/8/2022 in Liber 23462 page 833 in the amount of
$800,000.00. Mortgage tax paid: $Exempt.
With Regard Thereto:.
SUBORDINATION AGREEMENT dated 12/5/2024 made by Farm Credit East,ACA and between
Town of Southold and to be recorded in the Suffolk County Clerles/Registers Office. Subordinates
mortgage dated 2/23/2021 recorded on 11/8/2022 in Liber 23462 Page 833 to the insured Easement
herein.
-Schedule B Part I(Page 1 of 2)-
//P^stewart Policy Number: 0-8931-000007839
----TITLE Date of Policy: December 5, 2024
File Number: 71300352
7. Terms, covenants, conditions, easements,leases, agreements as set forth in the Grant of Development
rights easement agreement made by and between Early Rising Farm, LLC and the Town of Southold,
dated 12/5/2024 and to be recorded in the Suffolk County Clerk's Office.
8. Terms, covenants, conditions, easements, leases, agreements as set forth in the Declaration of
Covenants and Restrictions made by and between Early Rising Farm, LLC and the Town of Southold,
dated 12/5/2024 and to be recorded in the Suffolk County Clerk's Office.
9. Policy excepts the 2024/2025 191 Half Town and School Taxes.
10.Policy excepts the 2024/2025 2nd Half Town and School Taxes, as alien not yet due and payable.
-Schedule B Part I(Page 2 of 2)-
A^stewart
Policy Number: 0-8931-000007839
—TITLE_ Date of Policy: December 5, 2024
File Number: 71300352
STANDARD NEW YORK ENDORSEMENT
(Owner's Policy)
1. The following is added as a Covered Risk:
11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or
materials furnished prior to the date hereof, and which has now gained or which may
hereafter gain priority over the estate or interest of the insured as shown in Schedule A of
this policy."
2. Exclusion Number 6 is deleted, and the following is substituted:
6. 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.
Countersigned By:
%NSUp
r O'�P4Ay-•;toF,
Q:ac' �� John Frates
a; President and General Counsel
n7is�Y drab
_ �,r .Fly V p4;•�-
hor' cd Offtc o Agent
r '
avid Hisey
Secretary
Stewart Title Insurance Company
2 Grand Central Tower
140 East 45th Street, 33rd Floor
New York,NY 10017
STANDARD NEW YORK ENDORSEMENT—Owner's Policy(3/08/2024)
Seventh Revision(10/01/2024)
N
Y
S
D
E
C
R
E
G
I
S
T
R
Y
NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
Division of Lands and Forests,Bureau of Real Property
625 Broadway,5th Floor,Albany,New York 12233-4250
P:(518)402-9442 1 F:(518)402-9028 1 Landsforests@dec.ny.gov
www.dec.ny.gov
February 12, 2025
Land Preservation
Cathy Kershon
PO Box 1179
Southold, NY 11971
Dear Cathy Kreshon:
We received the following conservation easement(s) from you on January 30, 2025:
CE #: Suffolk, 0756
Grantor: Early Rising Farm, LLC
Deed: Book D00013278 Page 786
Recorded: January 7, 2025
The conservation easement(s) cited above has/have been identified for our indexing and
filing purposes. This/These number(s) may be needed for the landowner to claim a
conservation easement tax credit; however, please refer to the instructions for filing at NYS
Department of Taxation and Finance form IT-242-1 (excerpt below in italics).
Note:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance
with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash
Charitable Contributions, for the year of the donation.Also acceptable is a letter from the public or private
conservation agency stating that the conservation easement was donated or purchased:
•for no consideration or a nominal amount, or
•for less than fair market value(FMV),provided, in this case, the letter is accompanied by an
appraisal indicating.the FMV of the conservation easement that was made at the time of the
purchase of the easement. The appraisal must be made by a qualified appraiser as defined in
federal regulations section 1. 170A-13(c)(5). However, dedications of land for open space through
the execution of conservation easements for the purpose of fulfilling density requirements to obtain
subdivision or building permits are not considered a conservation easement for purposes of this
credit.
NEWYORK Department of
STATEOF
OPPORTUNITY Environmental
Conservation
It is suggested that the taxpayer consult their accountant or New York State Taxation and
Finance with questions. When contacting this office about this/these parcel(s), please use
the assigned conservation easement number(s).
Sincerely,
Awwal .�ofinew
Donna Holmes
Program Aide
Bureau of Real Property
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NEWYORK Agriculture
STATE OF
OPPORTUNITY. and Markets
KATHY HOCHUL ll �1I� RICHARD A. BALL
Governor Commissioner
April 14, 2025
Honorable Albert J. Krupski, Jr.
Town of Southold
PO Box 1179
Southold, NY 11971
Re: Waiver: Suffolk County Agricultural District No. 1, 8.59 Acres of Land for a
Development Rights Easement on Farmland, Town of Southold, Suffolk County Ag
District No. 1
Dear Supervisor Krupski,
The Department reviewed documentation submitted by the Town of Southold to waive the
Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets
Law regarding the conveyance of 8.59 acres of land, parcel ID 1000-96.-3-7.3 located in Suffolk
County Agricultural District No. 1. The documentation includes a waiver signed by:
Ronald B. Goerler, Operating Manager, Early rising Farms, LLC
The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8.
Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4)
are deemed waived for acquisition of property by the Town of Southold. Should the project
encompass acquisition of other parcels of more than one acre from an active farm, or ten acres
or more from the district, the Section 305(4) Notice provisions could still apply to those parcels.
In addition, the Department notes that farmland continues to be converted to other uses in
Suffolk County, depleting open space and lose of natural resources.
You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision
(4) does not relieve the Town of Southold, of its obligation under paragraph (a) to use all
practicable means in undertaking a proposed action to minimize or avoid adverse impacts on
agriculture within agricultural districts. If you have any questions, please feel free to contact me
at judo.IittrellCa�agriculture.ny.gov.
Sincerely,
Judy Littrell
Associate Environmental Analyst
Cc: Ken Schmitt, Suffolk County
Division of Land and Water Resources 110B Airline Dr.Albany,N.Y., 122351 518/457-37381www.agriculture.ny.gov
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S�FFO(,� OFFICE LOCATION:
LILLIAN F.McCULLOUGH ��0�0 CQG� Town Hall Annex
LAND PRESERVATION 54375 State Route 25
EXECUTIVE ASSISTANT = (corner of Main Rd&Youngs Ave)
o Southold,New York
lillianm@southoldtownny.gov C* ,VI
Telephone(631)765-5711 Ojfj MAILING ADDRESS:
/j,Q �® P.O.Box 1179
li Southold,NY 11971-0959
DEPARTMENT OF LAND PRESERVATION
TOWN OF SOUTHOLD
To: Albert J. Krupski Jr Tax Assessors
Town Board Building Department
Town Clerk Data Processing
Land Preservation Committee Planning Board
Town Attorney Trustees
Town Comptroller Director of Public Works
The Nature Conservancy Peconic Land Trust, Inc.
Suffolk County Division of Real Estate
From: Lillian F. McCullough, Land Preservation Executive Assistant
Date: December 5,2024
Re: EARLY RISING FARM. LLC to TOWN OF SOUTHOLD
Development Rights Easement—8.59 Acres
Please be advised that the Town has acquired a development rights easement on the property listed below.If you
would like any additional information regarding this purchase, please feel free to contact me.
SCTM#: 1000-96.-3-7.3
LOCATION: 1555 Cox Lane,Cutchogue
EASEMENT ACREAGE: 8.59 Acres
PROPERTY OWNER: Early Rising Farm,LLC
CONTRACT DATE: July 22,2024
CLOSING DATE: December 5,2024
PURCHASE PRICE: $538,377.00 per contract
FUNDING: CPF 2%Land Bank
MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List of Eligible
Parcels.
RPS Version 4-[Snapshot,Group- Inquiry,Name-inquiry] El
44-1 File View Toolbar Help
Southold Active R&T School: MattituckScho
C 3r:f;R0ff24
Rising FarmLL 11 Curt YF Field crops Land AV: 2,900
1555 Cox Ln Land Size:11.57 acres Total AV: 2,900
----------
Owner Total: 1 Site Total: 1
Name: Early Rising Farm LLC Prpcls: Nbhd Cd: Sewer: Water: Utilities:
Addl Addr: Field crops 0
Street: 1216 Main Rd
PO Box:
City: , Jamesport, NY Zip: 11947-
Taxable Value Miscellaneous Land Total: 0
County: 100 Book: 13178 Type: FF: Depth: Acres: Sqft:
Muni: 100 Page: 427
School: 100 M ortg:
Bank:
Schl after Star:100 lAcct No: 36
Sale Total: 1 Building Total: 0
Book Page Sale Date Sale Price Owner
13178 427 02/23121 910.000 Early Rising Fan
Exemption Total: 1 Improvement Total: 0
Term Own Type Name Diml Dim2 SQFT Yr Built
Code Amount Year Pct
41720 AG DIST 2,1100 11 0
-cial District Total: 3 Value
Units Pct Type Move Tax
6E29 Cutchogue FE -00 .00 .00
PK090 Cutch-New St .00 .00 .00
SWO11 Solid Waste l -00 .00 .00
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Map Prepared by
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Town of Southold Geographic Information System
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July 15 2024
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By,
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Suffolk County Real Property Tax Service Agency =�= • . o ;' Rr rs "�
AREIS and Tax Map Copyright 2024
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County f Suffolk NY o o
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Total Area= Note: ALL SUBSURFACE STRUCTURES; UNAUTHORIZED ALTERATION OR ADDITION
er JM racm 3M WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF
WAIN 504,167 sq.ft. aDF>JlurE DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE
SHOWN ARE FROM FIELD OBSERVATIONS EDUCATION LAW.
pph August 2024
AND OR DATA OBTAINED FROM OTHERS. COPIES OF THIS SURVEY MAP NOT BEARING
°pvP f 11 .574 V �i�7 acre Www W.: 24\Cox Lane THE LAND SURVEYOR'S INKED SEAL
OR
fence cor.• � THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED
05W 0.9'S AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY.
fence end oncrete 'rS� ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN
C
ONLY TO THE PERSON FOR WHOM THE SURVEY
0.3'W Monument s�> C Premises known as: TITLE COMPANY, GOVERNMENTAL AGENCY AND
fence end Dyj. ��
,A FORMERLY
r O IS PREPARED, AND ON HIS BEHALF TO THE
LAND NOW 0R FORMERLY OF 02W Tree # 1555 Cox Lane LENDING INSTITUTION LISTED HEREON, AND
TO THE ASSIGNEES OF THE LENDING INSTI—
ANN M GOERLER REVOCABLE LIVING TRUST q� \ >is TUTION. GUARANTEES ARE NOT TRANSFERABLE.
SCTM# yq�• \ \ \ ,
f000-96-03-4.7 \ \ \ \ \
\ \ \ \ \ \ \ `rS>
\ \ \ \ \ \ \ \ \ fence car.
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Concrete 0.4E0.2N
\ \ \ \ \ Monument
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Posh&
�j \ \ \ \ \ \ fence end
x fence end \ \ \ \ \ \ \ \ 0.3E
ti 0.1'111
fence car
�
15.3W
°° fence end \ \ \ \ \ \ \ \ \ \
o° 0.2E \ \ \ \ \ \ \ \ \ \ \ \ \ \ \
EARLY RISING FARM LLC o° \ \ \ \ \ \ \ \ \ \ \
LAND iNOWOR FORMERLY 0F 06
SCTM# ° \ \ \ \ \ \ \ \ \ \ LAND NOW OR FORMERLY OF
1000-96-03-4.3 0° \ \ \ � \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ °� ry00• EILEENROACNE
o Concrete
Monument 1000-96-03-7.002
broken&disturbed
��p�
o°
�o a \ \ \ \ \ \
°°° \ \ \ \ \ \ \ � \ \ � \ \ \ � \ \ \ � \ \ \ \ \ \ � \ \ \ \ \ \ �'� MNO NOW OR FORMERLY OF C
fence car. \ \ \ \ \ \ \ \ \ \ \ \ DEEANNAM. GALLA
1a.3'w o \ \ \ \ \ \ \ \ \ \ \ \ \ � � \ \ � \ \ \ \ \ \ \ \ \ \ \ \ \ \ � \ \ \ SCTM#
\ \ \ 1000-96-03-7.004
,O °f �� P
\ \ \OV, \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ fence cor. +•+ +
+ +, Concrete Monument
\ \ \ \ \ \ \ fence cor.t �>
end of earth \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 3.5'SJ ' x
& ravel path \ \ \ \ \ \ 0�
(buried) 15'N \ \ \ \ \ \ \ \ \ \ \ \ \
\ \ \ \ \ \ \ \ \ \ \ fence cor.
\ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ Concrete
Monument
as
� O
\ \ \ \ \ \ \ \ fence cor. ,b�O LAND NOW OR FORMERLY OF
2.1N
CREATIVE FARM LLC
\ \ Development Rights Easement ! �> (,-+• SCTM#
\ \ Area = 374,069 sq.ft. �t s 000-96-M
Steel Reba) 1 w s&Cap
'es 8.587 acres Isl y � 6�.
'Yil° (Q
Po6i fence S cor.
1.8 !"J
•OO,
Y Concrete
Monument
oss
L%
LAND Now OR FORMERLY of ��h& Reserve 'Q
Area 130,098 sq.ft.
GAETANA /MBRIANO 9� % � =
Sam# �\;, 2.987 acres
1`000-97-05-06 3 LAND Now OR FORMERLY OF
ALMN GLOVER
SCTM#
Certified to: �1s f000-97-0r2.00f p D
Town of Southold, Survey of Property 3 2024
Early Rising Farm, LLC situate at OCT
Stewart Title Company.
19s OF NE Y CutchO a LAND PRESERVATION DEFT
MIN Town of Southold
co Town of Southold
°3 y Suffolk County, New York
LAND SURVEYING 'AS
Mintoville@aol.com ) ��, Tax Map # 1000 96 03 7.003
6
SUBDIVISIONS ro „
JQ- Scale 1 = 50 August 15, 2024
498
TITLE & MORTGAGE SURVEYS �& ��LAN CJ
TOPOGRAPHIC SURVEYS
GRAPHIC SCALE
w
SITE PLANS /f,•1fj�f�
I 50 0 25 560 100 200
John Minto, L.S. Jacqueline Marie.- Minto, L.S.
LICENSED PROFESSIONAL LAND SURVEYOR LICENSED PROFESSIONAL LFAND SURVEYOR
NEW YORK STATE LIC. NO. 49866 NEW YORK STATE LIC. MO. 51085 `�0S
Phone: (631) 724-4832
IN FEET )
1 inch = 50 ft.
P.O. Box 1408 Smithtown, KY. 11787 ji