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Henry L Ferguson Museum (FIDCO)
sv�FQ�� a C CA 1000-4.-5-5.10 ®� Baseline Documentation Premises: East Main Rd, Firestone Dr and Top of the World Fishers Island, New York 15.00 acres Conservation Easement Henry L Ferguson Museum (FIDCO) to TOWN OF SOUTHOLD Conservation Easement dated June 12, 2023 Recorded Suffolk County Clerk — Liber 13217, Page 13 SCTM #: 1000-4.-5-5.10 Premises: East Main Rd, Firestone Dr & Top of the World Hamlet: Fishers Island Purchase Price: $ 9259000.00 Funding: 2% Community Preservation Fund CPF Project Plan: Yes Total Parcel Acreage: 15.00 acres Conservation: 15.00 acres Zoned: R-120 Existing Improvements: Vacant Land - wooded, 4.31-acre freshwater wetland, 2 10-foot-wide water line easements, utility poles with overhead wires A P P R A I S A L 326 State Street,Suite 208 Silverstein Appraisal New London,CT 06320 Phone 0 860-443-8405 Services LLC Fax 0 860-442-9306 http://www.msac.com Real Properly Appraisal Property of Fishers Island Development Corp. (FIDCO) Tax Lot 4.-5-5. 10, East End Road a/k/a FIDCO Block-Lots 16-3, 16-14, 16-15 and 17-4F Fishers Island Town of Southold, NY Client—Dept. of Land Preservation, Town of Southold, NY, c/o Melissa A. Spiro Effective Date of Valuation—November 21, 2022 Publication Date—November 22,2022 E N V I R O N M E N T A L S U M M A R Y PHASE ENVIRONMENTAL SITE ASSESSMENT Henry L. Ferguson Museum Property Fishers Island, New York NPV No.23076 Prepared for: Land Preservation Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn: Lillian McCullough Prepared bv• 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 April 6, 2023 _ 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 on Fishers Island, Town of Southold, County of Suffolk, State of New York. The subject property consists of an approximately 15.6-acre parcel of vacant wooded land that is situated on the north side of Oriental Avenue, between Brooks Point Road to the east, Top of The World to the west and Firestone Drive to the north. The property is more particularly described as Suffolk County Tax Map# 1000-004-05-5.10. 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 minimus 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 minimus 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. NPV has not identified any data gaps that affected our ability to fully assess the potential for the identified REC in connection with the subject property. NPV has performed a Phase I ESA in conformance with the scope and limitations of ASTM Practice E 1527-21 and USEPA AAI for Henry L. Ferguson Museum Property, Fishers Island, New York. Any exceptions to, or deletions from, this practice are described in Section 8.0 of this report. In conclusion, this assessment has revealed no evidence of any RECs in connection with the subject property subject to the methodology and limitations of this report. NPV P` FIGURE 1 Henry L. Ferguson NPVSource: LOCATION MAP Museum Property ESRI WMS Fisher's Island Scale: 1 inch=500 feet Phase I ESA r = i t % ? �. • t ! 1 apt 7► 1! .1'rn'i 4 .1 ik Ai �, . ,� �law 1�j/ .�,w� �r. , � a` _, , :,♦ � + '; ,r � i`*-a•Y yowst jr VIP ��! war? -• ,�,,! .,.- ,;, }� �� •. VY. � '!^Q 'T. \FIGURE 2 Henry L. Ferguson AERIAL PHOTOGRAPHY MAP Museum Property PV Source: NYS Orthophotography, 2020 Fisher's Island Scale: 1 inch=200 feet Phase I ESA r. ; t03 04, 40 At . C� t ♦ _ .Ir'7 •���'^� Rr ��� it ,i ,��'+ �, a FIGURE 3 Henry L. Ferguson NPVSource: LAND USE MAP Museum Property NYS Orthophotography,2020 N Fisher's Island Scale: 1 inch=500 feet A Phase I ESA S East H Protecte 20 .t R 20 20 2 12 12 Protected _ 20 (,y � R1 R12 J- R12 rotecte Protecte a� FIGURE 4 Henry L. Ferguson NPVSource: ZONING MAP Museum Property ESRI WMS;Town of Southold, Fishers Island zoning Fisher's Island Scale: 1 inch= 1,000 feet Phase I ESA Mu -Swansea muck, 0 to 1 percent slopes, coastal lowland MkC- Montauk loam, 8 to 15 percent slopes RdB- Riverhead sandy loam, 3 to 8 percent slopes ReC- Riverhead very stony sandy loam, 8 to 15 percent slopes RpE- Riverhead and Plymouth very bouldery soils, 15 to 35 percent slopes W-Water u RpE ReC LRp MkC MkC RpE Mu 0--tal Ave ReC RpE Rd FIGURE 5 Henry L. Ferguson SOIL MAP Museum Property NPVSource: ESRI WMS; NRCS N Fisher's Island Scale: 1 inch=200 feet Phase I ESA S •1E* "' -at Pine Q *. Islands n 1 *O * ,------ Po ii m Hungry 6 �� • e '1 V lip %% f ram` ►� / •t uns '( 4 oO a A FIGURE 6 Henry L. Ferguson TOPOGRAPHY MAP Museum Property N P V Fisher's Island Source: USGS WMS Scale: 1 inch= 1,000 feet Phase I ESA Entire Fisher's Island is desiganted Critical Environmental Habitat for New York by NYSDEC All water supply for Fisher's Island is from three groundwater wells near middle island farm. )(� /1 O G� ®Project Site D Middle Farms Pond - Primary Protection Zone (red outline, yellow fill) , Treasure Pond : Suffolk Count- Depart Island Pond FIGURE 7 Henry L. Ferguson NPV WATER SUPPLY MAP Museum Property N Fisher's Island Source: ESRI WMS; Fisher Island Watershed Protection Standards,SCDHS, 1997 Scale: 1 inch= 1,500 feet Phase I ESA Fi Project Site ® NYSDEC Freshwater Wetlands NYSDEC Tidal Wetlands r SM " IM HM - High Marsh \M 3 ''_ n0' 3 M1�31 d` ^; IM - Intertidal Marsha LZ - Littoral Zone MY-15 MIgL7 M�&-8 , , IM SM -Shoals, Bars, Mudflats IM H t4?- IM 5 HM AA -Adjacent Area MZY MY P& IM SM MY-28 �' Beazrvv Islan 2 SM IM M�$2 a H _M 4IM AA M,( IM IM O IM SM fli ; -R lvk- C�3V M . LZ LZ SM Y_ Eire Fisher's Island is desiganted Critical Environmental Habitat for New York by NYSDEC FIGURE 8 Henry L. Ferguson NPV NYSDEC WETLANDS MAP Museum Property Source: ESRI WMS; NYSDEC wetlands N Fisher's Island Scale: 1 inch = 1,000 feet Phase I ESA E1ABL, E11-113L, M1ABL, M1UBL- Estuarine and Marine Deepwater / E2ABM, E2EM1N, E2EM1P, M2ABM, M2RSM - Estarine and Marine Wetland Project Site E2EM1Pd, E2RSM, E2RSN, E2USM, M2USM - Estuarine and Marine Wetland / National Wetlands Inventory PEM1/SS1F, PEM1C, PEM1E - Freshwater Emergent Wetland PEM1Ed, PEM1F, PEM1Fh - Freshwater Emergent Wetland PF01B, PF01C, PF01E, PF01E, PF01F- Freshwater Forested/Shrub Wetland /�E2RSM / PFOFh, PSS1C, PSS1E, PSS1Eh - Freshwater Forested/Shrub Wetland E2RSM PABH, PABHh, PABHx, PUBHh- Freshwater Pond E1ABL E2RSM E2USM L1U E2RSMBHh - Lake / E2USM E2RSN E2RSM E1ABL E 'R' M.� �E1ABL E1ABL E2RSN E2USN E1ABL E2RSN / E2ABM/ E1ABL E1ABL E2USM E1ABL E2RSN E2RSM 2RSM E1ABL E2USM E1ABL E2A E2USM PABH E2EM1Pd PABHx PEM1E E1ABL PF01C PABHx PF01E PF01C E2USM a E2RSN E2RSN E2USM 11 Fi,h•rs S1C E2USM [.tan d E2RSN i%� , E1ABL /h E2USM ?, �2U E2USM PEM1Q PABHh PSS1C PF01B M2RSM M2USM E2RSN E2USM PF01C PFO1E � E2EM1N M2RSN PF01C PF01F E2EM1P' r/� 2RSM PABFf PF01E PABH PABH pU OLJ& E2EM1P M2RSM M1ABL PEM1 F PF01C PSS1 E M2USM - PABHh M2ABM,/ M2RSM M2ABM M2RSM/ L1ABHh M2RSM PABH PF01E PEM1Fh_ / M 1 ABL P E M 1 PEM1/SS1Fh PF01F PEM1 M2RSM FIGURE 9 Henry L. Ferguson Museum Property NATIONAL WETLANDS INVENTORY MAP NPVSource: N Fisher's Island ESRI WMS; US F&W NWI Scale: 1 inch=1,000 feet A Phase I ESA Project Site FEMA Flood Hazard Flood Zone A AE X � *., V VE '� VE �. lob VE Fishers I nd 0 dl vonAP A _ d d VE VE VE Oid N��aY Fn 0 Ra i J FIGURE 10 Henry L. Ferguson NPV FEMA FLOOD HAZARD MAP Museum Property Fisher's Island ` Source: ESRI WMS; FEMA Scale: 1 inch=2,000 feet Phase I ESA P U B L I C H E A R I N G RESOLUTION 2023-123 ADOPTED DOC ID: 18829 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2023-123 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 17,2023: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 31,2023, 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 conservation easement on property owned by The Henry L. Ferguson Museum as Contract Vendee. Said property is identified as SCTM#1000-4.-5-5.10 and is located off Main Road (a.k.a. Oriental Avenue) and Top of the World Road, Fishers Island. The property is located within the Low-Density Residential R-120 Zoning,District. The proposed acquisition is for a conservation easement on the entire property, consisting of approximately 15.6f acres, subject to survey. The purchase price for the 15.6±acre conservation easement is $925,000 (nine hundred twenty- five thousand dollars)plus any acquisition costs associated with the purchase of this easement. The purchase will be fiznded by the Town's Community Preservation Fund. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation. The purpose of this acquisition is for open space,passive recreational purposes and wetland protection. The Town's purchase of the conservation easement is contingent on the simultaneous delivery of a fee title deed to the 15.6t acre property to the Seller, The Henry L. Ferguson Museum as Contract Vendee, by the current owner, Fishers Island Development Corporation(FIDCO). The contract between FIDCO and The Henry L. Ferguson Museum is subject to a fund-raising contingency. The Henry L. Ferguson Museum has agreed to provide public access to the property in the form of accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail system and/or the Fishers Island Recreational Path. The Land Preservation Coordinator has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-7. Twenty- four point six(24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of a Conservation Easement. The transfer of the Sanitary Flow Credits-will not be finalized, and shall not occur, until the Town closes on the Conservation Easement, and the Town Board passes,a resolution allowing the transfer of such credits into the Town TDR Bank. 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 Resolution 2023-123 Board Meeting of January 17, 2023 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: Sarah E. Nappa, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Evans, Russell EXCUSED: Jill Doherty Updated: 1/17/2023 9:11 AM by Lynda Rudder Page 2 Times Review Media Group Invoice#: 324065a The Suffolk Times Date: 01/19/2023 Bill To Customer Email SOUTHOLD TOWN CLERK lynda.rudder@town.southold.ny.us Affidavits will be mailed or emailed (as ordered)7 days AFTER THE LAST INSERTION DATE. Descrl ti Publi§h Date::: Ainbunt' PUBLIC 01/26/2023 $34.34 Affidavit(eMail) 1 $25.00 Affidavit(Mail) 0 $0.00 Total: $59.34 Please remit checks payable to: Balance: $59.34 Times Review Media Group PO Box 1500 Mattituck, NY 11952 The invoice number MUST be included on your check to ensure that your payment is applied correctly. 1 v CCm6oV'V 4v.4-v--? 324aOc5a-ea59-41b3-982a-eef14d537611 lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, , County of,Suffolk, 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: January 26,2023 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 Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 01 day of February 2023 W ` Notary Signat re MARY BETH ALESCIO WALLING NOTARY PUBLIC,STATE OF NFW YORK Registration No.01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 Notary Public Stamp SOUTHOLD TOWN CLERK 1 .� -Q 324aOc5a-ea59-41b3-982a-eef14d537611 ( lynda.rudder@town.southold.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Tirpes LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of ' Chapter 185 (Open Space Preservationf)and Chapter 17 (Community Preservation Fund) of the Town Code,the Town Board of the Town of Southold hereby sets Tuesday,January 31,2023,at 4:30 p.m.,Southold Town Hall, 53095 Main Road,Southold,New York as the time and place for a i public hearing for the purchase of a conservation easement on property owned by The Henry-L Ferguson Museum as Contract Vendee.Said property Is identified as SCTM#1000-4.-5-5.10 and is located off Main Road(a.k.a. Oriental Avenue)and Top of the World Road, Fishers island.The property is located within the Low- Density Residential R-120 Zoning District.The proposed acquisition is for a conservation easement on the entire property,consisting of approximately 15.6t acres,subject to survey. NOTICE IS HEREBY FURTHER given that a more detailed description of the above-mentioned, parcel of land is on file in the Land Preservation Department,Southold Town Hall Annex,54375 Main Road (Route 25),Southold,New York, and may be examined by any ! interested person during business hours. BY NOTICE OF THE TOWN BOARD Dated:January 17,2023 DENIS NONCARROW I SOUTHOLD TOWN CLERK I 2 I J _ 4 324aOc5a-ea59-41b3-982a-eef14d537611 lynda.rudder@town.southo Id.ny.us AFFIDAVIT OF PUBLICATION The Suffolk Times SOUTHOLD TOWN CLERK i J i SOUTHOLD TOWN CLERK 3 1 COUNTY OF SUFFOLK: STATE OF NEW YORK TOWN OF SOUTHOLD -------------------------------------------------- TOWN OF SOUTHOLD TOWN BOARD MEETING -------------------------------------------------- Southold, New York January 31 , 2023 4 : 30 P .M. B E F 0 R E : SCOTT A. RUSSELL, SUPERVISOR LOUISA P . EVANS, JUSTICE BRIAN 0 . MEALY, COUNCILMAN GREG DOROSKI, COUNCILMAN SARAH E . NAPPA, COUNCILWOMAN JILL DOHERT.Y, COUNCILWOMAN January 31, 2023 Regular Meeting 2 HENRY L . FERGUSON MUSEUM CE PUBLIC HEARING RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 31, 2023, 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 conservation easement on property owned by The Henry L . Ferguson Museum as Contract Vendee . Said property is identified as SCTM #1000-4 . -5-5 . 10 and is located off Main Road (a . k . a . Oriental Avenue) and Top of the World Road, Fishers Island. The property is located within the Low-Density Residential R-120 Zoning District . The proposed acquisition is for a conservation easement on the entire property, consisting of approximately 15 . 6± acres, subject to survey . The purchase price for the January 31, 2023 Regular Meeting 3 15 . 6± acre conservation easement is $925, 000 (nine hundred twenty-five thousand dollars) plus any acquisition costs associated with the purchase of this easement . The purchase will be funded. by the Town ' s Community Preservation Fund. The property is listed on the Town ' s Community Preservation Project Plan as property that should be preserved for open space preservation . The purpose of this acquisition is for open space, passive recreational purposes and wetland protection . The Town ' s purchase of the conservation easement is contingent on i the simultaneous delivery of a fee title deed to the 15 . 6± acre property to the Seller, The Henry L . Ferguson Museum as Contract Vendee, by the current owner, Fishers Island Development Corporation ( FIDCO) . The contract between FIDCO and The Henry L . Ferguson Museum is subject to a fund-raising contingency. The Henry L . Ferguson Museum has agreed to provide public access to the property in January 31, 2023 Regular Meeting 4 the form of accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail system and/or the Fishers Island Recreational Path . The Land Preservation Coordinator ,has reviewed the acquisition in accordance with Chapter 117 (Transfer of Development Rights ) of the Code of the Town of Southold, Section 117-7 . Twenty-four point six (24 . 6) Sanitary Flow Credits may be available for transfer from the property upon the Town ' s purchase of a Conservation Easement . The transfer of the Sanitary Flow Credits , will not be finalized, and shall not occur, until the town closes on the Conservation Easement, and the Town Board passes a resolution allowing the transfer of such credits into the Town TDR Bank . 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 January 31, 2023 Regular Meeting 5 Route 25, Southold, New York, and may be examined by any interested person during business hours . SUPERVISOR SCOTT RUSSELL : Would anybody like to address the Town Board on this particular Public Hearing? MS . MELISSA SPIRO: That would be me . Hi . Melissa Spiro, Land Preservation Coordinator . So the subject property is outlined in red on the map and on the map in Zoom. There is some other property around there in a light green. Properties that are owned on Fishers Island by the Henry L . Ferguson Museum Land Trust . There is one property shown on there -- I don ' t know what color it is , teal or 'darker green and that property is owned by the Town and the Museum' s Land Trust under a licensed agreement . As noted on the Museum' s 'website, the Land Trust over there, on Fishers Island, the acquisition of stewardship of undeveloped properties are of environmental importance on Fishers January 31, 2023 Regular Meeting 6 Island . And they own over 350 acres of protected by the Land Trust . Either directly or through the Easements . And properties owned by the Land Trust are held as wildlife sanctuaries and are maintained on many of the properties . In August, during the Town ' s annual site on Fishers Island, Land Preservation Committee members and I met with Bob Miller of the Museum' s Land Trust, and I spoke with the member representing Land Trust on Fishers Island. He showed us the subject property and many others on Fishers Island. He asked if the Town could partner in some manner to help protect the property. That I think was 5 or 6 months as noticed in the Public Hearing notice, the museum is now the contract vendee to purchase the subject property from the current owner and the Town is committing to purchasing a conservation easement on the entire property from the museum once they' re, owners . They intend to fundraise, to raise funds for the property. Both January 31, 2023 Regular Meeting 7 contracts , the contract with the museum and with FIDCO have a contract with the museum and the Town and are contingent on each other and contingent on the ' museum raising the funds to purchase the property. They' re giving themselves until 2024 . Far away but really isn ' t . Across the street is the Fishers Island Recreational Path. That is also shown on the map in a solid green line that follows the road. The recreational runs parallel to the road on the side of the road. So the property is in the vicinity of other museums properties with trails . Again, you can see those properties in the light green on the map . And the museum intends to provide access in the form of recreational trails , which can link to existing trails within the museum trail system and recreational path . As you can see on the map, the subject property contributes to protected areas and centered on a lot of fresh water ponds and extend from both water bodies there January 31, 2023 Regular Meeting 8 on Fishers Island. The property is also one of the highest lots on the aquifer on Fishers Island and contributes to protecting the aquifer . The project has had many, many moving parts . It ' s a challenging project but I am glad to be here and asking the Town Board tonight to proceed with the easement component . It ' s been a pleasure of working with Bob Miller, who I believe is on Zoom watching this to get to this point . The / acquisition has been reviewed by Land Preservation Committee, and both the Committee and I support the Town to proceed with this acquisition . Thank you . SUPERVISOR SCOTT RUSSELL : Thank you . Who else would like to address the Town Board? MS . DORIS MCGREEVY: Yes . I am a member of the Land Preservation Committee . I did go with the -- some of the participants of our committee to Fishers Island to view this property . And we -- the part here on the -- you a January 31, 2023 Regular Meeting 9 know, the acquisition with the requirement that it is open to the public, I think needs to be further detailed. Because the part that they the municipality is purchasing is almost a million dollars putting in for the easement, and )to partner with the Ferguson Museum; however, I as a citizen here could not get there from here . Many of you . The reason being that this parcel is in the private section of the island . Now in order to get there, you would have to be a resident there or a guest . So not that many of us would want to go over there to Fishers Island by car or take the ferry over, but we should have some ability to walk that trail, since, you know, our Town has paid for it . We should have public access . And I see it has public access but it is not finite as to how many guest passes we could have . And you know, just saying that it ' s open to the public, well it ' s not . There is some kind of a guard house . And when Bob January 31, 2023 Regular Meeting 10 Miller drove us through, you know, you have to have something on your car that admits you to the private section on this island. You know, this is a good acquisition . The only thing I felt and I went to the work shop, and I did mention it and Louisa brought up the fact that you could have a guest pass . You know, somebody wants -- if somebody lives on the island on the private section, you can have, a guest pass . Well, I think we should have that ability, if so, someone wants to go there and walk the trails . So I really feel that somehow in the language, on the second page there . Says whereas the Henry Ferguson Museum has agreed to provide public access to the property, that ' s -- at this point, it ' s not true because I couldn ' t get there unless I lived there . So I think that we -- you know, it would be fair to the residents here and the residents of Fishers Island, that we have this reciprocal agreement where we could over there and January 31, 2023 Regular Meeting 11 walk the' trail and have a guest pass . So it ' s -- if you can provide outside guest passes to residents outside the private area, maybe through the Recreation Department of maybe -- I don ' t know, 5 a month or 10 a month. It ' s not going to be crowded, but I feel it ' s not fair . And I think that something, here has to be written or included-. I am in favor of the acquisition, but a million dollars and we can ' t get there from here . I really, really think you have to give us a break . Give the residents a break . I mean, somebody might want to walk the trail and they might want to take a car over . And again, it was brought up, you can park outside the gate and walk. It ' s very, very -- you can see, it ' s a very, very long island. To get there by walking of course . Anybody with a bicycle could use it . You know, my bicycle days are over . And I 'think people would like to come over there . It ' s expensive because you have to take January 31, 2023 Regular Meeting 12 the car and ferry. But I think they should have a shot at least . If they if any of the residents desire they want to have that opportunity . It ' s a matter of fairness . You know, if this municipality is going to spend a million dollars, what do we get for it? What do the taxpayers get for it? So I think the language should be rewritten . I think people would mostly agree . Does anybody have any comment on this? COUNCILWOMAN JILL DOHERTY : It says in the agreement that it will be public and -- the passes would, Louisa -- JUSTICE LOUISA EVANS : I don ' t know anything about the passes . I just know you can get through it if you go on the recreational trail . You can get to the piece of the property. And any resident of the Town of Southold is allowed on the recreational part . I also want to point out, you talk about .a million dollars . It ' s not a million dollars and actually less than the appraised value of that conservation easement . And January 31, 2023 Regular Meeting 13 also, people from Fishers Island have -- money has gone into that fund. And very little property gets bought on Fishers Island because there is just not available . Lot of money has been spent on this side of the Town . And nobody from there ever gets over here, because it ' s ferry-less cars -- MS . DORIS MCGREEVY: We don ' t get over there either . It ' s not a -- there is not a gate to come off the ferry and say you can ' t get off here . It ' s open. Same thing there . We should have that availability -- JUSTICE LOUISA EVANS : You do with MS . DORIS MCGREEVY : I know you live there and I know it ' s important to you . The residents . But why not? Why not? Because you pay a lot of taxes . We pay a lot of taxes . Come on . I thought when I spoke with Melissa that they would work something out with the Recreational Department to allow a guest pass . And I do remember you saying January 31, 2023 Regular Meeting 14 that, if somebody comes to visit somebody in the private section, that they get a guest pass . So that is not unusual . JUSTICE LOUISA EVANS : They can get guest passes . It ' s not just on the private end. MS . DORIS MCGREEVY : Well, I think that we should be able to access that . And I know that it ' s $925, 000 is it? Not a million . I know I rounded it up to a million . $ 925, 000 . JUSTICE LOUISA EVANS : And a lot more money is spent over here on properties . MS . DORIS MCGREEVY: Well, look what you have and look what we have? You have a very scenic beautiful place . COUNCILWOMAN JILL DOHERTY : I think l" it ' s something that we can move forward on this and maybe in the future we could come up with a -- Fishers Island can come up with some sort of guest pass . But now, the important part, the public is allowed there . January 31, 2023 Regular Meeting 15 SUPERVISOR SCOTT RUSSELL : I am going to ask the Land Preservation Coordinator, she -- I just want to clarify some factors . MS . MELISSA SPIRO : I just want to point out, I understand all of Darcy' s points . The Town is not buying this (inaudible) we buy it land and fee title than that provides access to everyone because that is now owned by the Town . We ' re buying a conservation easement on it . Sort of similar with what we do here by the development rights on farmland. So the land remains private . On this particular case, Fishers Island Land Trust, which is not the same as a private citizen . And they ' re buying it . They' re agreeing to make sure that it ' s open for public access . And granted, there is the issue of being able to drive there . But there is no parking. No land for that piece . And it is accessible through the recreational path . And that is a distinction that I think we have to clarify there . 1 January 31, 2023 Regular Meeting 16 MS . DORIS MCGREEVY: There will be trails . SUPERVISOR SCOTT RUSSELL : I appreciate it . Thank you . Would anybody else like to address the Town Board on this particular Public Hearing? (No Response) . SUPERVISOR SCOTT RUSSELL : Okay. JUSTICE LOUISA EVANS : Motion to close the hearing. COUNCILWOMAN JILL DOHERTY : Second. SUPERVISOR SCOTT RUSSELL : All in favor? COUNCILWOMAN JILL DOHERTY : Aye . COUNCILMAN GREG DOROSKI : Aye . COUNCILMAN BRIAN MEALY : Aye . COUNCILWOMAN SARAH NAPPA: Aye . JUSTICE LOUISA EVANS : Aye . SUPERVISOR SCOTT RUSSELL : Aye . *** **** ** ****** ****** *** *** *** * ***** *** * LL Chapter 189 & 260 - Sound Drive WHEREAS , there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 17th day of January, 2023, a Local r S E Q R A P U R C H A S E R E S O L U T I O N RESOLUTION 2023-176 fay ADOPTED DOC ID: 18841 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2023-176 WAS' ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 31,2023: WHEREAS,the Town Board of the Town of Southold held a public hearing on the 3lst day of January, 2023, on the question of purchasing a conservation easement on property owned by The Henry L. Ferguson Museum as Contract Vendee pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM#1000_4.-5-5.10 and is located off Main Road (a.k.a. Oriental Avenue) and Top of the World Road, Fishers Island. The property is located within the Low-Density Residential R-120 Zoning District; and WHEREAS,the proposed acquisition is for the Town of Southold to acquire a conservation easement on the entire property, consisting of approximately 15.6±acres, subject to survey; and WHEREAS,the purchase price for the 15.6± acre,conservation easement is $925,000 (nine hundred twenty-five thousand dollars)plus any acquisition costs associated with the purchase of this easement. The purchase will be funded by the Town's Community Preservation Fund; and WHEREAS,the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space preservation.The purpose of this acquisition is for open space, passive recreational purposes and wetland protection; and WHEREAS, The Town's purchase of the conservation easement is contingent on the simultaneous delivery of a fee title deed to the 15.6f acre property to the Seller, The Henry L. Ferguson Museum as Contract Vendee, by the current owner, Fishers Island Development Corporation(FIDCO). The contract between FIDCO and The Henry L. Ferguson Museum is subject to a fund-raising contingency; and WHEREAS, The Henry L. Ferguson Museum has agreed to provide public access to the property in the form of accessible recreational trails which connect with, or link to, existing trails within the Ferguson Museum trail system and/or the Fishers Island Recreational Path; and WHEREAS,the purchase of this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold; and WHEREAS,the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the 1 I Resolution 2023-176 Board Meeting of January 31, 2023 LWRP; and WHEREAS,the Land Preservation Coordinator and the Town Board have reviewed the acquisition in accordance with Chapter 117 (Transfer of Sanitary Flow Credits) of the Code of the Town of Southold, and have determined that twenty-four point six(24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the Conservation Easement. The transfer of the Sanitary Flow Credits will not be finalized, and shall not occur,until the Town closes on the property, and the Town Board passes a resolution allowing the transfer of such credit into the Town sanitary flow credit (SFQ bank; and WHEREAS,the Land Preservation Committee has reviewed the application for the acquisition and recommends that the Town Board acquires the Conservation Easement; and WHEREAS,the Town Board deems it in the best public interest that the Town of Southold acquire the Conservation Easement for the purposes of open space,passive recreational and wetland protection.; and 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 the Conservation Easement on property owned by The,Henry L.,Ferguson Museum as Contract Vendee,property identified as SCTM#1000-4.-5-5.10 and located off Main Road(a.k.a. Oriental Avenue) and Top-of the World Road, Fishers Island for open space, passive recreational purposes and wetland protection. The purchase price for the 15.6± acre conservation easement is $925,000 (nine hundred twenty-five thousand dollars)plus any acquisition costs associated with the purchase of this easement. The purchase will be funded by the Town's Community Preservation Fund. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP Coordinator and the Town Board have determined that this action is consistent with the LWRP. The Land Preservation Coordinator and Town Board have determined that twenty-four point six (24.6) Sanitary Flow Credits may be available for transfer from the property upon the Town's purchase of the Conservation Easement. Denis Nonearrow Southold Town Clerk Updated: 1/31/2023 2:51 PM by Lynda Rudder Page 2 l Resolution 2023-176 Board Meeting of January 31, 2023 RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER:Greg Doroski, Councilman AYES: Nappa, Doroski, Mealy, Doherty, Evans, Russell Updated: 1/31/2023 2:51 PM by Lynda Rudder Page 3 OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex - a P.O.Box 1179 54376 State Route 25 �� U'�H Southold,NY 11971 O� ®�: -- (cor.Main Rd.&Youngs Ave.) P_ Telephone:631 765-1938 Southold,NY g" wyR..sontholdtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: S66tt Russell, Supervisor Members of the Southold Town Board From: Mark Terry;AICP Assistant Town Planning Director LWRP Coordinator Date: January 26,2023 Re: Proposed Purchase of a conservation easement on property owned by The Henry L. Ferguson Museum as Contract Vendee SCTM#1000-4.-5-5.10 This action is for the proposed purchase of a conservation easement on a 15.6f acre property owned by The Henry L. Ferguson.Museum as Contract Vendee. The proposed action has been reviewed to New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my determination that pursuant to Part 617.5c(39),the action proposed is a Type II action and therefore not subject to SEQRA review. 617.5(c)(39) "an agency's acquisition and dedication of 25 acres or less of land for parkland, or dedication of land for parkland that was previously acquired, or-acquisition ofdconserva`tion easement;" Please contact me with any questions. Cc: Paul DeChance,Assistant Town Attorney Melissa Spiro,Land Preservation Coordinator Short Environmental Assessment Form Part I -Project Information Ihs'triidtions for,Coihi letint; 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: Town purchase of conservation easement from The Henry L.Ferguson Museum as Contract Vendee. Project Location(describe,and attach a location map): SCTM#1000-4:5-5.1U.Located off Main Road(a.k.a.Oriental Ave.)and Top of the World Road,Fishers Island 'Brief Description of Proposed Action: Town purchase of conservation easement on the entire 15.6+/-property for open space,passive recreational and wetland protection purposes. Name of Applicant or Sponsor: Telephone: (631)765-1800 Southold Town Board E-Mail: melissa.spiro@town.southold.ny.us Address: Southold Town Hall 53095 Main Road City/PO: State: Zip Code; Southold NY 11971 L Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO YES If Yes,list agency(s)name and permit or approval: F� 3. a.Total acreage of the site of the proposed action? 15.6+/-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? 15.6+/-acres 4. Check all land uses that occur on,are adjoining or near the proposed action: ❑Urban ❑✓ Rural(non-agriculture) ❑ Industrial ❑ Commercial El Residential(suburban) ❑Forest ❑ Agriculture ❑ Aquatic ❑ Other(Specify): Q Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? ❑ ( NO ' YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ a 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: - NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? D ❑ b. Are public transportation services available at or near the site of the proposed action? a ❑_ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑ actionT - -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: l'l. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:- 'a ❑ 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 a ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on,the State Register of Historic Places? ry b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for 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 watcrbody? 0 If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres.; _ Page 2 of 3 I 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 ❑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 - El 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? ❑ ❑' b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: i '18. Does the proposed action include construction or other activities that would result in the impoundment of water . NO J YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the;inipoundmetit: 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: a ❑ 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 d B ld To wn own oar Applicant/sponsor/name: Sou _.Date:. ' Signature: Title: Southold Land Preservation Coordinator PRINT FORM Page 3 of 3 C L O S I N G S T A T E M E N T CLOSING STATEMENT THE HENRY L. FERGUSON MUSEUM to TOWN OF SOUTHOLD SCTM #1000-4.-5-5.10 Conservation Easement Area — 15.00 ± acres Total Parcel Acreage— 15.00 ± acres Premises: East Main Rd, Firestone Dr& Top of the World Fishers Island, New York Contract Executed: February 10, 2023 Closing Date: Monday, June 12, 2023 @ 1:30pm Southold Town Hall Annex Purchase Price of $925,000.00 disbursed as follows: Payable to Fishers Island Development Corp $ 925,000.00 (6/6/2023) Expenses of Closing: Appraisal Payable to Silverstein Appraisal Services, LLC $ 5,000.00 (1/312023) Survey Payable to Clough Harbor & Associates LLP $ 9,850.00 (6/612023) Environmental Report (Phase I ESA Job #23076) Payable to Nelson, Pope & Voorhis, LLC $ 2,400.00 (5/9/2023) Title Report #7404-015993 Payable to Fidelity National Title $ 4,120.00 (6/6/2023) Title Insurance Policy $ 3,398.00 Municipal Search $ 162.00 Recording Service Fee $ 25.00 Recording Fee $ 535.00 Title Closer Attendance Fee Robert DeFrese $ 250.00 (6/6/2023) Those present at Closing: Kevin Foote Deputy Supervisor Mary C. Wilson, Esq. Attorney for Town of Southold Stephen L. Ham, Esq. Attorney for the Henry L. Ferguson Museum MacCulloch Irving Attorney for Fishers Island Development Corporation (available by phone as needed) Eileen A. Devereux Paralegal for Fishers Island Development Corporation (available by phone as needed) Robert DeFrese Title Company Closer Lillian McCullough Land Preservation Executive Assistant Cathy Kreshon Land Preservation Senior Office Assistant Silverstein Appraisal Services, LLC November 25, 2022 Melissa A. Spiro Land Preservation Coordinator Dept.of Land Preservation Town of Southold 54375 State Route 25 P.O. Box 1179 Southold,NY 11971-0959 Re: Property of Fishers Island Development Corp. (FIDCO) Tax Map 4.-5-5.10 on East End Road,Fishers Island,Town of Southold,NY Invoice: 36728 INVOICE For Professional Services: Robert H. Silverstein,MAI, SRA Valuation of Fee Simple Interest and Development Rights Preparation of Written Report Fee: $5,000.00 Total Due: $5,000.00 Due on Receipt invoice Clough,Harbour&Associates, LLP PO Box 845746 Boston, MA 02284-5746 Worksource-845746 Phone: (518)453-4500 June 1,2023 Project No: 081729.000 Invoice No: 81729-01 Town of Southold, NY Attn:Melissa Spiro 53095 Route 25 PO Box 1179 Southold, NY 11971 Project 081729.000 Southold, NY-Conservation Easement Email invoices to: melissa.spiro@town.southold.ny.us Professional Services from March 27,2023 to May 19,2023 Fee Total Fee 9,850.00 Percent Complete 100.00 Total Earned 9,850.00 Previous Fee Billing 0.00 Current Fee Billing 9,850.00 Total Fee 9,850.00 Total this Invoice $9,850.00 Billings to Date Current Prior Total Fee 9,850.00 0.00 9,850.00 Totals 9,850.00 0.00 9,850.00 Authorized By: Date: 6/1/2023 Craig Bigger, PLS . NELSON POPE VOORHIS Invoice TiI environmental•land use-planning 70 Maxess Road,Melville,NY 11747 (631)427-5665 April 28,2023 Ms. Lillian McCullough Project No: V23X113.001.000 Invoice No: 29548 Land Preservation Executive Assistant Town of Southold Dept of Land Presery Project Manager Steven McGinn Town Hall 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Project V23X113.001.000 Henry L. Ferguson Museum Property, Fishers Island Professional Services Phase SA Site Audit Task 1300 Phase IESA Fee 2,400.00 Total this Task $2,400.00 Total this Phase $2,400.00 Total this Invoice $2,400.00 All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days. 7404-015993 Fidelity National Title Insurance Services, LLC nlll 24 Commerce Drive,Riverhead,NY 11901 []NYS GOOD FAITH ESTIMATE PHONE:(631)727-0600 1 FAX(631)727-0606 [x)FINAL STATEMENT [J ESTIMATED STATEMENT Title No: 7404-015993 1CIosing Date: 06/12/23 Closer: Robert DeFrese(Title Closer)(631)835-3709 Applicant: Town of Southold Land Preservation Dept. Lender: Buyer: Town of Southold Lender Attorney: Seller: Fishers Island Development Corp Seller Attorney: Matthews&Ham Premises: East End Road County: Suffolk Fishers Island,NY 06390 Fee Amount: $925,000.00 Mortgage Amount: $0.00 COMPANY CHARGES Amount: Buyer: Seller: Lender: Fee Premium$925,000.00 $3,398.00 Municipal Totals-See Attached $162.00 Recording Service Fee-Buyer $25.00 Total Company Charges: RECORDING TAXES Amount: Buyer: Seller: Lender: CPF Tax Exempt Conveyance Tax Exemp Total Recording Charges: RECORDING CHARGES Amount: Buyer: Seller: Lender: Deed $535.00 otal Recording Charges: $535.00 ---ROW&EXCHANGES ESC Amount: Buyer: Seller: Lender: Closer Total Escrow&Exchange Charges: TOTAL CHARGES: CHECKS PAYABLE TO FIDELITY NATIONAL TITLE INSURANCE SERVICES,LLC From: Check No.: mount: Total Checks LIST ALL OTHER CHECKS From: Check No.: mount: Total Other Checks $ TOTAL COLLECTED: NY Tole Bill Page 1 of (7404.01 5 9 9 315 2)June 08.2023 10:04 AM t , i Robert DePrese Title Closer 5223 Indian Neck Large j Peeonic NY 1195 Office: 631-727-06 o Cello 631- .35-3709 Email: rdefrese@fnf.com Title Number.- 700V Date of Ciosiigo cA,-e a -2003 Pre i ises® Totall Due. I i f R E C O R D E D E A S E M E N T iS I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII �IIIIII IIIII 11111 IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE, Type of Instrument: EASEMENT Recorded: 09/06/2023 Number of Pages: 27 At: 01 :28:21 PM Receipt Number : 23-0113772 TRANSFER TAX NUMBER: 23-04151 LIBER: D00013217 PAGE : 013 District: Section: Block: Lot: 1000 004. 00 05.00 005.010 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $925,000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $135.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0 .00 NO Cert.Copies $0.00 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0 .00 NO Fees Paid $380.00 TRANSFER TAX NUMBER: 23-04151 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Vincent Puleo County Clerk, Suffolk County cv. Number ort pages DT'. 15 1 Tnis doc-ument vA01 bs public wcofd. PlzFj2u re.-nuve all Solo(Security Wrnlbe;s Drior to recondina. Ned I Mortgage Imtrurr=t Dwd I WrIgn9a Tnx Slump Recodkig I M-Mg Stamp.:. FEES Page/Filing Fee 11751-5- Mori Me ArryL Handing 20. Go 1.Basic Tax 2 Additional Tax TP-684 SVII3 TOW Notation or EA-52 17(Counly) SL Sper-fAdd. EA-6217(State) TOT.,MTa TAX Dual Town Dual Counly RP.T.SA. W-d for Appo,!44menl— Cxom Im.of Ed. 5 C0 qq TrwewTax' a.frA;,.!,51'r.!f Aftsa%t 4 Mansion Tax Ceflir)e,.4 Cofyy The property oc;vered by this mortgage Is or will be improved by a one or LNvo NYS Surcharge is.,00 r;RMiIy"0I!;jg 0.11y, Sub Told YES orNO Other Graw Total 16 NO,See spPicipriale Fax cause on page# of We InEtru".. 1. F (C-fif z� 00400 0500 005010 5 Community Preseriation Fund SIL51369 ftal Prcpart) r T Consideration Amou-rt$ 12_5-000 Tux Servxse OT�Ilk Ag--q I CFF Tax Due�R T l�illignigill C".EP-Z3 VerMcation Improved gazes List Pr"cogirty Z57-559n; RECORD&RETURKI TO' Vacant Lanai MS,LILLIAN WCULLOUGH ro TOV1JN OF WUTHOLD LAND PRESERVATION DEPT. TD P,0.BOX 1179 SOLITHOLO,NY 11971 TD Val to: Vincent PVIC0,Suffolk coimty Clerk -Lj— Title Company Information 310 Center Drives, Piverheed, NY 11901 Co.Name Fidelity NaPlond!Tice Insurance Company www.sulfolkeourtlyny.goWcIerk Titian 7404-015993 Suffolk County Recording & Endorsement Page nJs page forms part of the afteched DEED OF CONSERVATION EASEMENT Made by: (SPECIFYTYPEOF INSTRUMENT) --r-a,ALA4,A L Nt[c\\,L4nt-N --,,o u,-t ni a xemises twein Is.9lWated in Q, SUFFOLK COUNTY.NEW YORK To In the TOM or SGUTROLD In the VILLAGE or FAMLETof FISHERS ISLAND BOYS 6 TRRU 9 MUST BE TYPED OR FRNM- N BLACK INK ONLY PRIOR TO RECORDING Wt FILING. �w DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT(hreinafter referred to as this "Easement"or"Conservation Easement")is made the I�f day of 'MU14 ,20D at Southold,New York,by THE HENRY L.FERGUSON MUSEUM,a not-for-profit New York corporation,having a principal office at 1109 Equestrian Avenue,Fishers Island,New York (herein called"Grantor'),and the TOWN of SOUTHOLD, a municipal corporation of New York,having a principal office at 53095 Route 25,P.O.Box 1179,Southold,New York 11971- 0959(herein called"Grantee"). The date upon which this document is recorded in the office of the Clerk of the County of Suffolk,State of New York,is the"Effective Date". RECITALS WHEREAS,Grantor is the sole owner in fee simple of certain real property located in the Town of Southold,Suffolk County,New York,identified as SCTM#1000-4-5-5.10 more fully described in SCHEDULE A,attached hereto and incorporated herein by this reference (hereinafter referred to as the"Property");and WHEREAS,the Property has an area of approximately 15.6 acres and is located in the Low Density Residential R-120 Zoning District of the Town of Southold;and WHEREAS,the Property is currently vacant open space;and WHEREAS, the Property is free of any mortgages or liens and Grantor possesses the right to grant this Easement;and WHEREAS,the Property in its present scenic and open condition has substantial and significant value as an aesthetic and natural resource since it has not been subject to any development; and WHEREAS,the Property possesses significant relatively natural habitat and freshwater wetlands values(collectively,the Property's"Conservation Values")of great importance to Grantor,Grantee,and the people of the Town of Southold,Suffolk County,and State of New York;and WHEREAS,Grantor wishes to grant this Conservation Easement on the Property so that the Property shall remain in its open,undeveloped,and scenic condition;and 1 WHEREAS,the Conservation Values are protected by this Easement for the following conservation purposes: A. Protection of significant relatively natural habitat. The protection of the Property through this Easement will preserve significant relatively natural habitat,and is therefore consistent with the requirements of New York State Law for the following reasons: (1) the Property contains freshwater wetlands as defined under Southold Town law,275-2,and possesses both wetlands and uplands species;and (2) The Property overlooks a significant water body known as Block Island Sound,and protection of the Property through this Easement will serve to preserve the ecological integrity of Block Island Sound;and B. Preservation of open space for the scenic enjoyment of the general public,which yields significant public benefit. Protection of the Property's open space through this Easement will be for the scenic enjoyment of the general public and will yield significant public benefit, and is therefore consistent with the requirements of New York State Law for the following reasons: (1) the Property has a total of 1,749.21 feet of frontage on the publicly accessible passable/navigable East End Road,which offers the public scenic vistas from a highway accessible to the public and from a public paved recreational trail system;and (2) the Property contributes to the woodland area in its current scenic and open space condition and has substantial and significant value as an aesthetic resource because of the fact that it has not been subject to any development;and C. Preservation of open space pursuant to clearly delineated governmental conservation policy,which yields significant public benefit. Protection of the Property through this Easement will be for the preservation of open space pursuant to clearly delineated governmental conservation policy,which yields significant public benefit, and is therefore consistent with the requirements of New York State Law'for the following reasons: Town Code: (1) a portion of the Property contains freshwater wetlands that should be protected and preserved pursuant to the policy of the Town of Southold, as 2 articulated in the Town of Southold Code,Chapter 17(Community Preservation),Chapter 275(Wetlands and Shoreline)and Chapter 185(Open Space Preservation);and State Legislation: (1) New York State has recognized the importance of not-for-profit conservation organizations'efforts to preserve land in a scenic,natural and open condition through conservation easements by enactment of the Environmental Conservation Law,Section 49-0301 et seq.;and (2) Article 14,Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products";and (3) the Property contains freshwater wetlands that should be protected and preserved pursuant to the New York State Environmental Conservation Law, Article 24,6NYCRR Part 662;and WHEREAS,Grantor and Grantee recognize the value and special character of the Property and the region in which the Property is located,and Grantor and Grantee have,in common,the purpose and objective of protectingand conserving the present state and inherent, tangible,and intangible Conservation Values of the Property as an aesthetic,natural,and scenic resource;and WHEREAS,Grantor has determined that the conveyance of this Easement will be desirable and beneficial and has requested Grantee,for itself and its successors and assigns,to accept this grant of a conservation easement in order to restrict the development of the Property while permitting uses compatible with the protection of the Property's Conservation Values,all as further provided herein;and WHEREAS,Grantee has determined it to be desirable and beneficial and has requested Grantor,for itself and its successors and assigns, to grant the Easement to Grantee in order to restrict the development of the Property while permitting compatible uses thereof. 3 1 AGREEMENT NOW,THEREFORE,in consideration of the recited facts, mutual promises, undertakings,and forbearances contained in this Easement and other valuable consideration, but as a donation nonetheless,Grantor hereby voluntarily conveys in perpetuity to Grantee, and Grantee hereby accepts,this Conservation Easement over the Property pursuant to the New York Environmental Conservation Law,Section 49-0301 et seq.,, the parties intending to be bound by its terms: 0.01 Purpose The parties recognize the Conservation Values of the Property and have the common purpose of preserving these Conservation Values in perpetuity. This Conservation Easement is granted by Grantor to Grantee for the purpose of preserving the Conservation Values in perpetuity(the"Conservation Purpose")by preventing any use or development of the Property for any purpose or in any manner that is contrary to the intent and provisions hereof,including the Conservation Purpose. 0.02 Grantee's Warranty Grantee warrants and represents that it has a commitment to uphold the Conservation Purpose of this Conservation Easement and the resources to enforce the restrictions contained herein and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land whose conservation values should be protected and maintained,as determined by the Town Board at a duly constituted meeting on January 31,2023. 0.03 Documentation Grantee acknowledges by acceptance of this 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 resources and 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 a Conservation Easement Map,,an aerial photograph,photographs of the Property, a topographical map,a'description and site plan of land uses,features,and structures,and an acknowledgment page signed by Grantor and Grantee,which verifies that the Baseline Documentation accurately represents the condition of the Property as of the Effective Date of this Easement.Copies of the Baseline Documentation shall be retained safely by Grantor and 4 Grantee.Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of Grantor's uses of the Property or its physical condition as of the date hereof,the parties shall not be precluded from utilizing any other relevant or material document,survey,report,photograph,or other evidence to assist in the resolution of the controversy. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a conservation easement in gross under the provisions of Article 49,Title 3,of the Environmental Conservation Law of the State of New York and the provisions of Chapter 17 and Chapter 185 of the Town Code of the Town of Southold.This Conservation Easement shall consist of the covenants,restrictions,rights,terms, and conditions recited herein.Reference to this"Easement," "Conservation Easement"or its"provisions"shall include any and all of those covenants,restrictions,rights,terms and conditions. 1.02 Duration _ This Easement shall be a burden upon and shall run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property and shall extend to and be binding upon Grantor and Grantee.The terms"Grantor" and"Grantee" when used herein shall include,respectively,the above-named Grantor and its representatives, agents,licensees,successors and assigns,and the above-named Grantee and its successors and assigns. ARTICLE TWO PROHIBITED USES AND ACTIVITIES Grantor's use and development of the Property shall be consistent with the Conservation Purpose and compatible with the preservation of the Property's Conservation Values in perpetuity,and any use that is inconsistent with the Conservation Purpose of this Easement or otherwise deleterious to the Conservation Values is prohibited.Without limiting 5 the generality of the foregoing,the following uses and practices,though not an exhaustive recital of inconsistent uses and practices,are inconsistent with the Conservation Purposes of this Easement and,unless otherwise explicitly provided herein, are prohibited anywhere on the Property. 2.01 Buildings and Structures Except as otherwise expressly provided in Article Three of this Easement,the construction or placement of any residential,commercial,industrial or other building,structure, or improvement of any kind or nature(including,but not limited to,one or more mobile homes),whether permanent or temporary,on,over,or under the Property is prohibited. I 2.02 Excavation and Removal of Materials;MininZ Mineral exploitation,and extraction of any mineral(including but not limited to soil, gravel,sand and hydrocarbons),by any method,including surface or subsurface,is prohibited. Grantor shall not remove or fill topsoil;sand,or any other materials,nor shall the topography of the Property be changed,except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Property under the terms of Article Three below.Grantor may remove topsoil,sand or other materials for purposes of erosion control and soil management only with the prior written approval of Grantee. 2.03 Subdivision For purposes of this Conservation Easement, the Property is considered and shall remain one(1)parcel in unified ownership. Grantor shall not subdivide,de facto subdivide, partition or seek to partition,or otherwise divide the Property into separately conveyable parcels. 2.04 Dumping The dumping or accumulation of unsightly or offensive materials,including but not limited to manure,trash,sawdust,landscape materials,ashes or chemical waste,on the Property is prohibited. 2.05 Signs The display of any sign,billboard,or advertisement is prohibited,except as expressly permitted in Section 3.01 below. 6 2.06 Cutting of Timber/Landscaping The cutting,harvesting,or removing of trees,shrubs,or other vegetation on the Property is prohibited,except as expressly permitted in Section 3.02 below. 2.07 Soil and Water Any use or activity that is not otherwise expressly or conditionally permitted under this Easement,which causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters,is prohibited. 2.08 Wetlands and/or Stream Buffer The draining,filling,dredging,or diking of any wetland areas,including any enlargements thereof,or the cultivation or other disturbance of the soil within 100 feet of any wetlands is prohibited. 2.09 Ponds and Watercourses The alteration of any or watercourse located on the Property or the creation of any new water impoundment or watercourse is prohibited without Grantee's prior written approval. 2.10 Vegetation Management and Screening The placement of any landscape screening,hedgerow,or any other type of screening along or near East End Road or the scenic viewshed from East End Road is prohibited. 2.11 Commercial and Industrial Uses Any commercial or industrial use of the Property,including any commercial recreational use,is prohibited. 2.12 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes,wells or drainage and septic systems on the Property is prohibited,except to the extent the same exist on the Property on the date hereof as reflected in the Baseline Documentation or as permitted pursuant to the reservation of easements and rights-of-way in Grantor's deed to the Property.Underground irrigation systems are prohibited. 7 2.13 Drainage The use of any portion of the Property for a leaching or sewage disposal field is prohibited, except to service the structures and improvements expressly permitted by this Easement.The use of the Property for a drainage basin or sump is prohibited, except to control flooding or soil erosion on the Property. 2.14 Development Rights The use of this Property for the purpose of calculating lot yield or development density on the Property or any other property,adjacent or otherwise,is prohibited. Grantor hereby grants to Grantee all development rights existing on the Property as of the Effective Date of this Easement(and any future development rights that may be created through a rezoning of the Property or otherwise)that have not been retained or reserved by Grantor under this Easement. `Notwithstanding the above,Grantee,pursuant to Chapter 117 of the Town Code of the Town of Southold may calculate and capture the sanitary flow credits associated with the Property for use pursuant to the provision of Chapter 117. - ARTICLE THREE PERMITTED USES AND ACTIVITIES Grantor reserves the right to use the Property in any manner that is not inconsistent with the Conservation Purpose and other terms and conditions of this Easement and in accordance with applicable laws and restrictions.Without limiting the generality of the foregoing,the following uses and practices,though not an exhaustive recital of consistent uses and practices,are expressly permitted under this Easement if conducted pursuant to the terms hereof. 3.01 Signs The display of any sign,billboard, or advertisement is prohibited,except for signs whose placement,number,and design do not significantly diminish the Conservation Values of the Property and only for any of the following purposes:(a)to state the name and address of the Property;(b) to post the Property to control unauthorized entry or use;or(c) to announce this Conservation Easement. Any permitted sign shall not be more than six (6)square feet in size,shall be non-illuminated, and shall be subject to applicable governmental regulatory requirements. 8 3.02 Cutting of Vegetation/Landscaping The cutting,harvesting,or removal of trees,shrubs,or other vegetation on the Property �i is prohibited,except for the following purposes with prior written approval of Grantee except in the case an emergency involving imminent danger to life or property and in accordance with good forest management practices and the Conservation Purpose of this Easement: (a)to clear and restore trees and forest cover that is or has been dead,damaged,diseased or destroyed;(b) to prune and selectively thin trees to create limited vistas;(c) to construct and maintain those structures and improvements and to conduct those uses and activities that are expressly permitted under the terms this Easement;(d)for firewood and fencing for use on the Property; (e)to remove hazards to persons or to the Property;and(f) to trim,cut and clear trees and brush from time to time in order to allow and maintain safe access to and through the Property over the Property. The cutting and removal of trees,shrubs or other vegetation shall also be permitted for the purpose of creating trails which will be integrated into Grantor's existing unpaved trail system and made accessible to the public. 3.03 Structures and Improvements Grantor shall have the right to erect and maintain the following improvements,provided such improvements are (i) compatible with the preservation of the Conservation Values, (ii) consistent with the Conservation Purpose, and (iii)in accordance with the following provisions: A. Allowable Non-Residential(Accessory)Improvements With the prior written approval of Grantee,Grantor may erect and maintain the following non-residential improvements on the Property: i. Structures to facilitate wildlife management,such as signs,feed dispensers,and hunting blinds/tree stands; H. Fences,provided they are placed and constructed so that they do not block or detract from the scenic view of the Property; iii. A nature trail(s)or footpath(s)for the use of the owners, tenants, occupants,assigns, and possessors of the Property,the guests,of same, and the general public,subject to any required regulatory approvals; iv. Benches for the use of the owners, tenants,occupants,assigns,and possessors of the Property, the guests of same,and,with Grantee's prior 9 \ r written approval,the general public,subject to any required regulatory approvals. B. Replacement of Structures or Improvements In-Kind In the event of destruction of or damage to any existing or expressly permitted structure or improvement to such an extent that repair of such structure or improvement is impractical,erection of a replacement of comparable size,bulk,use,and general design to the destroyed or damaged structure or improvement is permitted within the same location subject to the prior written approval of'Grantee. C. Environmental Sensitivity during Construction The location and use of any structure or improvement permitted to be constructed hereunder shall be consistent with the Conservation Purpose,and construction of any such improvement shall minimize disturbance to the Conservation Values and other natural resources of the Property.Grantor shall employ erosion and sediment control measures to ensure that storm water runoff will not carry eroded and other deleterious materials into Great Pond(or other wetland areas),including but not limited to employing the least possible removal of vegetation,minimal movement of -- earth,and minimal clearance of access routes for construction vehicles. ARTICLE FOUR NOTICE AND APPROVAL 4.01 Notice and Approval A. Requests for Approval of Certain Uses or Activities With respect to any use or activity under Articles Two and Three that requires the prior approval of Grantee,or in the event Grantor proposes to undertake a use or activity that is not expressly prohibited hereby but which may have an adverse impact on the Conservation Values and other conservation interests associated with the Property, Grantor shall, in writing, request Grantee's approval and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity.The request for approval shall describe the nature, scope,location, timetable,and any other material aspect of the proposed activity (including, if appropriate, sketch plans or scaled drawings of the site(s) of the proposed 10 activity)in sufficient detail to permit Grantee to evaluate such activity.The request shall also include information evidencing the conformity of such activity with the requirements of the applicable section under which approval is requested hereunder. Grantee's approval,which shall not be unreasonably withheld,shall take into account the following criteria: (i) the extent to which the proposed activity or use of the site for the proposed activity would impair the scenic qualities of the Property that are visible from Soundview Avenue;and (ii) the extent to which the proposed activity or use of the site for the proposed activity would otherwise impair the Conservation Values of the Property;and (iii) the extent to which the proposed activity or use of the site for the proposed activity would be inconsistent with the Conservation Purpose of this Easement. Grantor and Grantee shall cooperate and shall act in good faith to arrive at agreement on suitable sites and activities in connection with any determinations that are necessary to be made by them (either separately or jointly) under this section. Notwithstanding the foregoing,Grantee's approval of a proposed site or activity shall be withheld if the use of the site for the proposed activity would interfere with the essential scenic quality of the _ Property, impair the Conservation Values of the Property, or would otherwise be inconsistent with the Conservation Purpose of this Easement. B. Grantee's Response In accordance with Paragraph A of this section, Grantee shall approve, conditionally approve,or withhold approval of the proposed use or activity within forty- five(45) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate Grantor's requests under this Easement based on its good-faith exercise of professional judgment.Notwithstanding the above,if in good faith Grantee requires more than forty- five (45) days to undertake a sufficient and thorough review of the documentation provided, or determines that it requires further documentation, Grantee shall so notify Grantor within the original forty-five (45) day period of the additional time and/or documentation required to respond to Grantor's request hereunder.At Grantee's sole and absolute discretion, Grantee may permit commencement of the activity less than forty- five (45) days after receiving Grantor's written notice. In the case of withholding of approval, Grantee shall notify Grantor in writing with reasonable specificity of the -reasons for withholding of approval,and the conditions,if any,on which approval might otherwise be given. Failure of Grantee to deliver a written response to Grantor within 11 such forty-five (45) days (as extended, as discussed above) shall be deemed to constitute written approval by Grantee of any request submitted'for approval that is not contrary to the express provision hereof,including but not limited to the Conservation Purpose, and whose implementation would not impair the Property's Conservation Values. If Grantor disagrees with Grantee's reasons for withholding approval of the action proposed by Grantor, upon Grantor's agreement not to commence the disputed activity pending the resolution of the disagreement,the matter may be submitted to non-binding mediation. 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. If Grantor fails to make any such payment,Grantee is authorized to make such payments(but shall have no obligation to do so)upon ten(10)days prior written notice to Grantor, according to any bill,statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment,if made by Grantee,shall become a lien on the Property of the same priority as the item if not paid would have become,and shall bear interest until paid by Grantor at one(1)percentage point over the prime rate of interest from time to time charged by Citibank,N.A.,or its corporate successor,in no event to exceed a legal interest rate. 5.02 Indemnification Grantor acknowledges that Grantee has neither possessory rights in the Property nor any responsibility nor right to control,maintain,or keep up the Property.Grantor has and shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership,operation,upkeep,improvement,and maintenance of the Property.Grantor hereby releases and agrees to hold harmless,indemnify and defend Grantee and its members,directors, officers,employees,legal representatives,agents,and contractors and the heirs,personal representatives,successors,and assigns of each of them(collectively,"Indemnified Parties") from and against any and all liabilities,penalties,fines,charges,costs,losses, damages, expenses,causes of action,claims,demands,orders,judgments,or administrative actions, including,without limitation,reasonable attorneys'fees,arising from or in any way connected with: (1)injury to or the death of any person,or physical damage to any property,resulting from any act,omission, condition, or other matter related to or occurring on or about the Property,regardless of cause,unless due solely to the negligent act or willful misconduct of 12 Grantee;or(2)violation or alleged violation of,or other failure to comply with,any state, federal,or local law,regulation,or requirement or this Easement by any person, other than Grantee,in any way affecting,involving,or relating to the Property. 5.03 Insurance Grantor shall keep the Property insured by an insurance company rated Ator better in a reasonable amount against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury,death,and property damage.Such insurance shall include Grantee as an additional insured.Grantor shall promptly deliver to Grantee a certificate of insurance upon reasonable request of Grantee.Grantee shall have the right to obtain a reasonable policy of insurance on the Property should Grantor fail to obtain same;provided,that in the event Grantee obtains such insurance,the cost of such insurance shall be a lien on the Property until repaid by Grantor. 5.04 Environmental Responsibilities Grantor Responsible for the Property. Grantor is solely responsible,and Grantee has no responsibility,for the operation of the Property or the monitoring of hazardous or other conditions thereon. Nothing in this Easement shall be construed as giving any right or ability to Grantee to exercise physical or managerial control of the day-to-day operations of the Property or of Grantor's activities on the Property. Neither Grantee nor its agents shall be liable to the Grantor or other person or entity in connection with consents given or withheld or in connection with any entry upon the Property pursuant to this Easement. Grantor's Environmental Warrantv and Indemnity. Grantor represents and warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials (as defined below) on the Property and hereby promises to hold harmless,defend and indemnify Grantee from and against all liabilities,penalties,fines,charges, costs,losses, damages,expenses,causes of action,claims, demands,orders,judgments,or administrative actions,including,without limitation,reasonable attorneys'fees,arising from or connected with the presence of or any release of Hazardous Materials on the Property or violation of federal, state or local Environmental Laws(as defined below). This Easement is not intended to and shall not create environmental liability in Grantee. Notwithstanding any other provision herein to the contrary,the parties do not intend this Easement to be construed such that it imposes on, creates in,or gives Grantee: 13 (1) the obligations or liability of an"owner' or"operator" as those words are defined and used in Environmental Laws,including,without limitation,the Comprehensive Environmental Response,Compensation and Liability Act of 1980, as amended(42 U.S.C. Section 9601 et seq.,and hereinafter"CERCLA"); (2) the obligations or liability of a person described in 42 U.S.C.Section 9607(a)(3)or(4); i (3) the obligations of a responsible person under any applicable Environmental Laws; (4) the right to investigate and remediate any Hazardous Materials associated with the Property;or (5) any control over Grantor's ability to investigate,remove,remediate,or otherwise clean up any Hazardous Materials associated with the Property. The term"Hazardous Materials"includes,but is not limited to,-(i)material that is flammable,explosive,or radioa`c`tive;i(ii)petroleum products;and(iii)hazardous materials, hazardous wastes,hazardous or toxic substances,or related materials,including but not limited to those defined in CERCLA, the Hazardous Materials Transportation Act(49 U.S.C.Section 5101,et seq.),New York Environmental Conservation Law(NY ECL 27-0901),or any other Environmental Law,and in the regulations adopted and publications promulgated pursuant to them,or any other applicable federal,state,or local laws,ordinances,rules,or regulations now in effect or enacted after the Effective Date of this Easement. \ The term"Environmental Laws"includes,but is not limited to,any federal,state or local or administrative agency statute,regulation,rule,ordinance,order or requirement now in effect or enacted after the Effective Date of this Easement relating to pollution,protection of human health,the environment,or Hazardous Materials. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee and its employees, agents,and contractors shall have the right to enter upon the Property for the purpose of inspection and monitoring to determine whether this Easement and 14 1\ its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee determines,in its reasonable discretion,that immediate entry is required to investigate a use or condition on the Property in order to prevent,terminate,or mitigate a violation or potential violation of the terms of this Easement,such entry shall be permitted only at reasonable times and upon prior notice to Grantor and shall be made in a manner that will not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. Grantee shall not have the right to permit access upon the Property by the general public. 6.02 Protection and Restoration Grantee shall have the right to identify,preserve,and protect in perpetuity the Conservation Values of the Property,including,but not limited to,by means of review and approval of improvements and activities as set forth in Article Four above.Grantee shall have the right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purpose or other provisions of this Easement and to require Grantor to restore such areas or features of the Property that may be damaged by any inconsistent and/or unpermitted condition,activity or use and to enforce these rights 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 Grantor's control,including,without limitation,fire,flood,storm,earthmovement or other acts of nature,unauthorized acts of unrelated third parties,or from any prudent action taken by Grantor under emergency conditions to prevent,abate,or mitigate significant injury to persons,property,or to the Property 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 in limitation of,any other rights of Grantee 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 within thirty(30)days of Grantor's receipt of Grantee's notice of such breach,default or violation,or in cases where more than 30 days is reasonably needed to effect a cure a bona fide attempt has not been begun by Grantor within such 30-day period (which notice and cure requirements are expressly waived by Grantor with respect to any such breach, default or violation which,in Grantee's reasonable judgment,requires immediate action to preserve and protect any of the Conservation Values or otherwise to further the Conservation Purpose of this Easement),Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, i 15 (a) To institute a suit to enjoin or cure such breach,default or violation by temporary and/or permanent injunction and/or to require the restoration of that portion of the Property affected by such breach,default or violation to the condition that existed prior thereto; (b) To enter upon the Property to verify,investigate,document,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;and/or (c) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants,obligations and Conservation Purpose 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. Grantee's remedies described in the section shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity.Grantor shall pay,either directly or by reimbursement to Grantee,all reasonable attorney's fees,court costs and other expenses (collectively, "Litigation Expenses")incurred by Grantee in connection with any proceedings initiated under this section.Litigation Expenses include,but are not limited to,those Litigation Expenses incurred by Grantee in the event Grantor or anyone acting by,through,under,or on behalf of Grantor,commences litigation against Grantee to enforce any rights hereunder or to dispute any action or inaction of Grantee,to enforce any alleged duty or obligation of Grantee hereunder,or to seek damages or specific performance against Grantee,except in the event Grantee is finally determined by a court of competent jurisdiction,beyond right of appeal,to have acted in a manner that is contrary to the terms of this Conservation Easement and to have failed to exercise reasonable judgment(except in those circumstances of which Grantee is given sole and absolute discretion as expressly provided herein),taking into account the Conservation Purpose of this Easement and the circumstances of which Grantee had actual knowledge at the relevant time.Grantee shall not be considered to have failed to exercise reasonable judgment as aforesaid solely based on the fact that Grantee did not or does not prevail in such legal proceedings or that Grantee is determined to have adopted an interpretation of this Conservation Easement not accepted by the court. In addition,if Grantee initiates litigation against Grantor to enforce this Easement, and if the court determines that Grantor is the prevailing party and also determines that(i)the litigation was initiated with the primary purpose to harass,embarrass,or injure Grantor; (ii)Grantee did not have a reasonable basis to r 16 i believe that the facts underlying Grantee's legal position were in fact true;or(iii) Grantee's legal, position was devoid of arguable legal merit,then the court may require Grantee to reimburse Grantor's reasonable costs and reasonable attorney's fees in defending the action. r 6.04 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 delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assignability Grantee shall have the right to transfer or assign any and all of its rights and responsibilities under this Easement,and any and all of its rights, title and interest in and to this Easement only to a qualified organization(herein called the"Assignee").As used herein the term"qualified organization"means a not-for-profit corporation or a governmental unit or agency,which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3)of the Code,and which is organized and operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A)of the Code. Any assignment by Grantee must require,and the Assignee must agree,that the Assignee and Assignee's successors will carry out the purposes of,and enforce,this Easement. The Assignee and its successors and assigns shall have the same right of assignment,subject to compliance with the provisions of this section. Grantee shall promptly notify Grantor of any such assignment. 6.06 Succession If at any time Grantee is unable to enforce this Easement,or if Grantee ceases to exist or ceases to be a qualified organization under Section 170(h)(3)of the Code or eligible donee under Treasury Regulation section 1.170A-14(c),then this Easement shall be vested in such qualified corporation,body or agency(other than any governmental unit or agency)and upon the conditions and limitations contained in Section 6.05 above as Grantee shall designate.If,on the occurrence of any of these events,Grantee fails to assign all of its rights and responsibilities under this Easement and all of its rights,title and interest in and to this Easement to a qualified organization that is an eligible donee upon the�condition and limitations contained in Section 6.05,then the rights and responsibilities under this Easement shall become vested in another qualified organization that is an eligible donee upon the condition and limitations contained in Section 6.05 in accordance with a cy pres proceeding brought,in any court of competent jurisdiction.The then-current owner(s)of the Property will be notified of any such proceedings. 17 ' 6.07 Extinguishment The donation of this Easement gives rise to a property right,immediately vested in the Grantee,with a fair market value that is equal to the proportionate value that this Easement at the time of this gift,bears to the value of the Property as a whole at that time,and that proportionate value(hereinafter,"Grantee's Percentage")shall remain constant.This Easement can be terminated or extinguished,whether in whole or in part,only(i)in a judicial proceeding in a court of competent jurisdiction,(ii)upon a finding by the court that a subsequent unexpected change in the conditions surrounding the Property has made impossible or impractical the continued use of the Property for the Conservation Purpose,and(iii)with a payment of proceeds(calculated as provided in the following sentence)to Grantee,and Grantee shall use all such proceeds in a manner consistent with the Conservation Purpose of this contribution.In the event of such an extinguishment, Grantee shall be entitled to a share of the proceeds from a subsequent sale,exchange, or involuntary conversion of the Property that is equal to Grantee's Percentage of such proceeds.The value of this Easement shall be determined at the time of any such extinguishment by an independent appraisal by a"qualified appraiser," as defined in Treasury Regulations section 1.170A-13(c)(5),who is mutually agreeable to Grantor and Grantee,the cost of which appraisal shall be borne by Grantor. If all or any part of the Property is taken under the power of eminent domain by public, corporate,or other authority so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the Conservation Purpose hereof,Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. In making this grant of Easement,Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically viable than the uses specifically reserved by Grantor pursuant to this Easement. It is the intent of both Grantor and Grantee that any such change in economic conditions shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement pursuant to this section. ARTICLE SEVEN MISCELLANEOUS 7.01 Alienability 18 Grantor shall have the right to convey,mortgage,or lease all of its remaining interest in the Property but only subject to the terms of 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,in the case of a transfer to an entity, the individual principals thereof.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 forth 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 or the validity of this Easement in any way. 7.02 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.03 Amendment This Easement can be amended and modified only in accordance with the terms of this Easement and the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided, however, that Grantee shall have no right or power to agree to any amendment hereto that is inconsistent with the Conservation Purpose or would result in this Easement failing to qualify as a valid conservation easement under Article 49,Title 3, of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto,or under Code section 170(h). No amendment may be approved by Grantee that would —or,as Grantee in its judgment may determine,could—violate the rules of impermissible private benefit or of private inurement under applicable sections of the Code, including but not limited to Section 501(c)(3) of the Code or affect this Easement's perpetual duration. Any such amendment shall be permitted only upon Grantee's determination,in its sole discretion,that such amendment will not jeopardize Grantee's status as an organization described in Code sections 170(h)(3) and 501(c)(3). 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities that is determined to be invalid or unenforceable by a court of competent jurisdiction shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it 19 enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court of competent jurisdiction shall be severed from the other provisions,which shall remain enforceable and effective. 7.05 Notice All notices required by this Easement must be written. Notices shall be delivered by hand;by express,certified or registered mail,return receipt requested;by certified mail,with sufficient prepaid postage affixed and with return receipts requested;or through courier delivery by a national courier service that provides automated delivery tracking;provided, however,that notices from Grantee to Grantor to notify Grantor of the date and time of routine annual monitoring of the Property pursuant to Section 6.01 above may be delivered by U.S. First-Class Mail.Notices to Grantor shall be addressed to Grantor's address as recited herein or to such other address as Grantor may designate by notice in accordance with this section. Notice to Grantee shall be addressed-to its principal office,recited herein,marked for the attention of the President,or to such other address as Grantee may designate by notice in accordance with this section. Notice shall be deemed given and received as of the date of its actual delivery to the recipient. 7.06 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern'this Easement in all respects,including validity, construction,interpretation,breach,violation and performance. 7.07 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 or the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party which drafted it or 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 Conservation Purpose 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 Conservation Purpose 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 20 otherwise recited herein,be construed at all times and by all parties to effectuate its Conservation Purpose. 7.08 Public Access Nothing contained in this Easement grants,nor shall be interpreted to grant,to the general public any right to enter upon the Property except the public may access the Property via constructed trails which connect the Easement property to other public trails. 7.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.10 Recordine 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 Enforceable Restriction;Successors The covenants,terms,conditions,and restrictions of this Easement shall be binding upon,and inure to the benefit of,the parties hereto and their respective personal representatives,agents,heirs,successors,and assigns and shall continue as a servitude running in perpetuity with the Property. 7.12 Termination of Rights and Obligations A party's rights and obligations under this Easement terminate upon transfer of the r party's interest in the Easement or the Property,except that liability for acts or omissions occurring prior to transfer shall survive transfer. 7.13 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. 7.14 Counterparts I 21 Grantor and Grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced,the recorded counterpart shall be controlling. [Signatures to follow on next page.] rj l c` ,j. 22 i IN WITNESS WHEREOF,Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: GRANTOR THE HENRY L.FERGUSON MUSEUM BY: LJ!'-Y 4w-L. NL Stephen L.Ham,III, designated signatory ACKNOWLEDGED AND ACCEPTED: GRANTEE TOWN SO HOLD,INCORPORATED BY: evin Foote,Deputy S ervisor SCHEDULE A: Metes and Bounds Description of the Property 23 STATE OF COUNTY OF SS: On this 01 day ofJZA-`1- in the year 20--13 before me,the undersigned,personally appeared STePk L-' L. I-1o4m T1i` ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. Robert DeFrese No Public Notary Public State of New York t � (�� Registration No.01DE503511T �"1 Qualified In Suffolk County Commission EvIres October 24,2026 STATE OF IVA IC ) COUNTY OF Sw >'� ) SS: On this/a day ofT"," in the year 20 23 before me,the undersigned,personally appeared KeU%N FAO T'� ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s)acted,executed the instrument. N a Public p � tat, Robert DeFrese Notary Public State of New York Registration No.01 DE503511 T Qualified in Suffolk County Commission Expires October 24,2026 24 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-015764 SCHEDULE A (Description of the Land) For Tax Map ID(s): 1000-004.00-05.00-006.010 AMENDED 6/6/2023 All that certain tract or parcel of land located on the Northerly side of East Main Road (a/k/a East End Road), the Northwesterly side of Top of The World, the Northeasterly and Southeasterly line of Brooks Point Road and the Southerly and Southeasterly side of Firestone Drive, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point in the Southeasterly line of Firestone Drive which is located 168.49 feet North of a point which is 842.55 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2", said point being on the dividing line of the herein described tract of land and land now or formerly of Arthur Kuypers and Roelfien Kuypers; and RUNNING THENCE along said land now or formerly of Arthur Kuypers and Roelfien Kuypers South 64 degrees 35 minutes 50 seconds East 301.79 feet to an iron pipe; THENCE South 24 degrees 56 minutes 10 seconds West 189.27 feet to an iron pipe; THENCE South 54 degrees 38 minutes 30 seconds East 284.48 feet to a point,the last two lines abutting Southeasterly and Northeasterly on land now or formerly of Anne H. Polk Revocable Trust; THENCE South 54 degrees 38 minutes 30 seconds East 360.66 feet to a point; THENCE North 00 degrees 47 minutes 20 seconds West 49.75 feet to an iron pipe, the last two lines abutting Northeasterly and Westerly on land now or formerly of Samuel S. Polk Revocable Trust; THENCE South 68 degrees 01 minutes 40 seconds East 261.76 feet to an iron pipe in the Northwesterly line of Top of The World, the last line abutting Northeasterly on land now or formerly of John Maxwell Soper and Berkeley Bayne Soper; THENCE running along said Northwesterly line of Top of The World South 21 degrees 32 minutes 00 seconds West 57.91 feet to a point, said point being at the beginning of an arc of a curve to the right having a radius of 46.96 feet and the direction of whose radius at that point is North 68 degrees 28'00 seconds West; THENCE Southwesterly following said arc of the curve to the right along said Northwesterly line of Top of The World 43.57 feet to a point in the Northerly line of East Main Road (a/k/a East End Road); THENCE running along said Northerly line of East Main Road (a/k/a East End Road)South 74 degrees 41 minutes 50 seconds West 62.10 feet to a point, said point being at the beginning of an arc of a curve to the right having a radius of 263.49 feet and the direction of whose radius at that point is North 15 degrees 18 minutes 10 seconds West; THENCE Southwesterly and Northwesterly following said arc of the curve to the right along said Northerly line of East Main Road (a/k/a East End Road) 97.02 feet to a point; THENCE continuing along said Northerly line of East Main Road (a/k/a East End Road) North 84 degrees 12 minutes 20 seconds West 1193.98 feet to a point, said point being at the beginning of an arc of a curve to the right having a radius of 518.25 feet and the direction of whose radius at that point is North 05 degrees 47 minutes 40 seconds East; THENCE Northwesterly following said arc of the curve to the right along said Northerly line of East Main Road (a/k/a East End Road)238.04 feet to a point; THENCE continuing along said Northerly line of East Main Road (a/k/a East End Road) North 57 degrees 53 minutes 20 Commitment for Title Insurance Printed: 06.06.23 @ 10:55 AM Schedule A-1 Description NY-FT-FRVH-01030.431004-SPS-1-22-7404-015754 FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. 7404-015754 SCHEDULE A-1 (Continued) seconds West 158.07 feet to a point in the Northeasterly line of Brooks Point Road, said point being at the beginning of an arc of a curve to the right having a radius of 86.50 feet and the direction of whose radius at that point is North 32 degrees 06 minutes 40 seconds East; THENCE Northwesterly following said arc of the curve to the right along said Northeasterly line of Brooks Point Road 122.65 feet to a point, said point being at the beginning of an arc of a curveito the right having a radius of 120.14 feet and the direction of whose radius at that point is South 66 degrees 46 minutes 20 seconds East; THENCE Northeasterly following said arc of the curve to the right along the Southeasterly line of Brooks Point Road 111.10 feet to a point in the Southeasterly line of Firestone Drive; THENCE running along said Southeasterly line of Firestone Drive North 76 degrees 12 minutes 50 seconds East 92.70 feet to a point, said point being at the beginning of an arc of a curve to the fight having a radius of 661.21 feet and the direction of whose radius at that point is South 13 degrees 47 minutes 10 seconds East; THENCE Northeasterly and Southeasterly following said arc of the curve to the right along said Southeasterly line of Firestone Drive 186.02 feet to a point; THENCE running along the Southerly line of Firestone Drive South 87 degrees 40' 00 seconds East 162.34 feet to a point, said point being at the beginning of an arc of a curve to the left having a radius of 244.48 feet and the direction of whose radius at that,point is North 02 degrees 20 minutes 00 seconds East; THENCE Northeasterly following said arc of the curve to the right along the Southeasterly line of Firestone Drive 304.12 feet to a point; THENCE continuing along said Southeasterly line of Firestone Drive North 21 degrees 03 minutes 40 seconds East 193.32 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONLY: Together with all the right,title and interest',of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. END OF SCHEDULE A I Commitment for Title Insurance Printed: 06.06,23 @ 10:55 AM Schedule A-1 Description NY-FT-F RVH-01 030.431004-SPS-1-22-7404-015754 T I T L E P L I C Y ALTA OWNER'S POLICY OF TITLE INSURANCE Polity Number: Fidelity National Title 7404-015993 Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud, undue influence,duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii)a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning)restricting, regulating, prohibiting, or relating to (a) the occupancy,use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. Copyright American Land Title Association. All rights reserved. ,.ninn The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Y ALTA Owner's Policy(0611 7/2 0 0 6) Printed: 06,08.23 @ 10:03 AM NY-FT-F R V H-01030.431004-S P S-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-015993 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part,or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely,or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company Issuing Office: Fidelity National Title Insurance Services, LLC By: 24 Commerce Drive Riverhead, NY 11901 Tel: (631)727-0600 Fax: (631)727-0606 Michael J. Nolan, President Countersigned By: Attest: Authorized Officer or Agent P ,K,4 Marjorie Nemzura, Secretary Date: Fidelity National Title Insurance Services, LLC . SEAL " s Steven Zeikowitz,Authorized Signatory Authorized Signatory A.11 nlI\ Copyright American Land Title Association. All rights reserved. t-11 I'll, The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ~� = ALTA Owner's Policy(06117/2006) Printed: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-015993 SCHEDULE A Date of Policy Amount of Insurance June 12,2023 $925,000.00 1. Name of insured: Town of Southold 2. The estate or interest in the Land that is insured by this Policy is: Conservation Easement 3. Title is vested in: Town of Southold Deed made by Fishers Island Development Corporation dated June.112,2023 to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this Policy is described as follows: See Schedule A(Continued),following. AMt- Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owner's Policy(06117/2006) Printed: 06.08.23 @ 10:03 AM N Y-FT-FRV H-01030.431004-S PS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-015993 SCHEDULE A (continued) AMENDED 6/6/2023 All that certain tract or parcel of land located on the Northerly side of East Main Road (a/k/a East End Road),the Northwesterly side of Top of The World,the Northeasterly and Southeasterly line of Brooks Point Road and the Southerly and Southeasterly side of Firestone Drive, lying and being at Fishers Island,Town of Southold, County of Suffolk and State of New York being more particularly bounded and described as follows: BEGINNING at a point in the Southeasterly line of Firestone Drive which is located 168.49 feet North of a point which is 842.55 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 21T,said point being on the dividing line of the herein described tract of land and land now or formerly of Arthur Kuypers and Roelfien Kuypers;and RUNNING THENCE along said land now or formerly of Arthur Kuypers and Roelfien Kuypers South 64 degrees 35 minutes 50 seconds East 301.79 feet to an iron pipe; THENCE South 24 degrees 56 minutes 10 seconds West 189.27 feet to an iron pipe; THENCE South 54 degrees 38 minutes 30 seconds East 284.48 feet to a point,the last two lines abutting Southeasterly and Northeasterly on land now or formerly of Anne H. Polk Revocable Trust; THENCE South 54 degrees 38 minutes 30 seconds East 360.66 feet to a point; THENCE North 00 degrees 47 minutes 20 seconds West 49.75 feet to an iron pipe, the last two lines abutting Northeasterly and Westerly on land now or formerly of Samuel S. Polk Revocable Trust; THENCE South 68 degrees 01 minutes 40 seconds East 261.76 feet to an iron pipe in the Northwesterly line of Top of The World,the last line abutting Northeasterly on land now or formerly of John Maxwell Soper and.Berkeley Bayne Soper; THENCE running along said Northwesterly line of Top of The World South 21 degrees 32 minutes 00 seconds West 57.91 feet to a point, said point being at the beginning of an arc of a curve to the right having a radius of 46.96 feet and the direction of whose radius at that point is North 68 degrees 28'00 seconds West; THENCE Southwesterly following said arc of the curve to the right along said Northwesterly line of Top of The World 43.67 feet to a point in the Northerly line of East Main Road (a/k/a East End Road); THENCE running along said Northerly line of East Main Road (a/k/a East End Road)South 74 degrees 41 minutes 50 seconds West 62.10 feet to a point,said point being at the beginning of an arc of a curve to the right having a radius of 263.49 feet and the direction of whose radius at that point is North 15 degrees 18 minutes 10 seconds West; THENCE Southwesterly and Northwesterly following said arc of the curve to the right along said Northerly line of East Main Road (a/k/a East End Road)97.02 feet to a point; THENCE continuing along said Northerly line of East Main Road (a/k/a East End Road)North 84 degrees 12 minutes 20 seconds West 1193.98 feet to a point, said point being at the beginning of an arc of a curve to the right having a radius of 518.25 feet and the direction of whose radius at that point is North 05 degrees 47 minutes 40 seconds East; THENCE Northwesterly following said arc of the curve to the right along said Northerly line of East Main Road(a/k/a East End Road)238.04 feet to a point; THENCE continuing along said Northerly line of East Main Road (a/k/a East End Road) North 57 degrees 53 minutes 20 ti Copyright American Land Title Association. All rights reserved. .,., The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. r "= ALTA Owner's Policy(06/1712006) Printed: 06.08.23 @ 10:03 AM ` _ NY-FT-FRVH-01030.431004-sps-27306-1-23-7404-015993 FIDELITY NATIONALTITLE INSURANCE COMPANY POLICY NO. 7404-015993 SCHEDULE A (continued) seconds West 158.07 feet to a point in the Northeasterly line of Brooks Point Road,said point being at the beginning of an arc of a curve to the right having a radius of 86.50 feet and the direction of whose radius at that point is North 32 degrees 06 minutes 40 seconds East; THENCE Northwesterly following said arc of the curve to the right along said Northeasterly line of Brooks Point Road 122.65 feet to a point, said point being at the beginning of an arc of a curve to,the right having a radius of 120.14 feet and the direction of whose radius at that point is South 66 degrees 46 minutes 20 seconds East; THENCE Northeasterly following said are of the curve to the right along the Southeasterly line of Brooks Point Road 111.10 feet to a point in the Southeasterly line of Firestone Drive; THENCE running along said Southeasterly line of Firestone Drive North 76 degrees 12 minutes 50 seconds East 92.70 feet to a point,said point being at the beginning of an arc of a curve to the right having a radius of 661.21 feet and the direction of whose radius at that point is South 13 degrees 47 minutes 10 seconds East; THENCE Northeasterly and Southeasterly following said arc of the curve to the right along said Southeasterly line of Firestone Drive 186.02 feet to a point; THENCE running along the Southerly line of Firestone Drive South 87 degrees 40'00 seconds East 162.34 feet to a point, said point being at the beginning of an arc of a curve to the left having a radius of 244.48 feet and the direction of whose radius at that point is North 02 degrees 20 minutes 00 seconds East; THENCE Northeasterly following said arc of the curve to the right along the Southeasterly line of Firestone Drive 304.12 feet to a point; THENCE continuing along said Southeasterly line of Firestone Drive North 21 degrees 03 minutes 40 seconds East 193.32 feet to the point or place of BEGINNING. END OF SCHEDULE A dmn- Copyright American Land Title Association. All rights reserved. 11111 The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as rx of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. "= ALTA Owner's Policy(06117/2006) Printed: 06.08.23 @ 10:03 AM NY-FT-FRV H-01030.431004-S P S-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY N0.740 4-015993 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage, and the Company will not pay costs, attorneys'fees,or expenses that arise by reason of: 1. Telephone Agreement in Liber 2135 page 433. 2. Electric Agreement in Liber 2135 page 449. i 3. Electric and Telephone Agreement in Liber 7711 page 287. 4. Covenants and Restrictions in Liber 2437 page 468 extended by Liber 5728 page 314 and Liber 10521 page 1. 5. Declaration of Renewal and Extension of Covenants in Liber 12404 page 14. 6. Declaration of Change of Covenants in Liber 12405 page 261. 7. Company excepts sewer charges that have not been specifically included on the tax report herein. 8. Survey made by CHA dated 05/12/2023 shows:vacant land;guy wires;two(2) 10 foot wide water line easements traverses across premises as shown;clearing encroaches an undetermined distance south of party of northerly record line. 9. Company excepts rights of utility companies to maintain or relocate'guy wires as shown on the survey used herein. Policy excepts the rights of others to use said service. 10. The area shown on the survey as"wetlands"is subject to the Freshwater or Tidal Wetland Acts of the State of. New York and the use thereof must be approved by the Department of Environmental Conservation of the State of New York. END OF SCHEDULE B Copyright American Land Title Association. All rights reserved. liV. ill l __ wou.ron The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as _ of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.`"`` ALTA Owners Policy(06/17/2006) Printed: 06.09.23 @ 02:26 PM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO. 7404-015993 EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy,and the Company will not pay loss or damage,costs,attorneys'fees,or expenses that arise by reason of; 1. (a) Any law,ordinance,permit,or governmental regulation(including those relating to building and zoning)restricting, regulating,prohibiting, or relating to (i) the occupancy,use,or enjoyment of the Land; (ii) the character,dimensions,or location of any improvement erected on the Land, (iii) the subdivision of land;or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does/not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects,liens,encumbrances,adverse claims,or other matters: (a) created,suffered,assumed,or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10);or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy, 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A,as may be Increased or decreased by endorsement to this policy,increased by Section B(b),or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as"Date of Policy"in Schedule A. (c) "Entity": A corporation,partnership,trust,limited liability company,or other similar legal entity. (d) "insured": The Insured named in Schedule A. (i) The term"Insured"also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives,or next of kin; (B) successors to an Insured by dissolution,merger,consolidation,distribution,or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock,shares,memberships,or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured,provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity,or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to(A),(B),(C),and(D)reserving,however,all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge"or"Known": Actual knowledge,not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as -- of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Owners Policy(06/17/2006) Printed: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-015993 (continued) (g) "Land": The land described,in Schedule A.and affixed,improvements that bylaw constitute real property. The term"Land"does not,include any property Beyond the lines of the`area described'in Schedule A,nor any right,title,interest,estate,or easement in abutting streets,roads, avenues,alleys,lanes,ways,or waterways,but this does not modify or limit the extent that'a right of access to and from the Land is Insured' by this policy. (h) "Mortgage": Mortgage,deed of trust,trust deed,or other security instrument,including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. Q) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease,or lend if there is a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured,but only so long as the Insured retains an estate or interest in the Land,or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured,or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either(i)an estate or interest in the Land, or(ii)an obligation secured by a purchase money Mortgage given to the Insured, 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall,notify the Company promptly in writing (i) in case of any,litigation as set forth in Section 5(a)of these Conditions, (ii)in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title,as insured,and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii)if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage,the Company may,at its option,require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect,lien,encumbrance,or other matter insured against by this policy that constitutes the basis of loss or damage and shall state,to the extent possible,the basis of calculating the amount of the loss or damage. _- 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured,and subject to the options contained in Section 7 of these Conditions,the Company,at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation Is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. it shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees,costs,or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title,as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy,whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection,it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy,the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion,to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals,the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding,Including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i)in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii)in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute,or continue any litigation,with regard to the matter or matters requiring such cooperation. 1 Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. Y ALTA Owner's Policy(06117/2006) Printed: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-015993 (continued) (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports,e-mails,disks,tapes,and videos whether bearing a date before or after Date of Policy,that reasonably pertain to the loss or damage. Further,if requested by any authorized representative of the Company,the Insured Claimant shall grant its permission, in writing,for any authorized representative of the Company to examine,inspect,and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation,shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY In case of a claim under this policy,the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with'any costs,attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option,all liability and obligations of the Company to the Insured under this policy,other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (1) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition,the Company will pay any costs, attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay;or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections(b)(i)or(H),the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend,prosecute,or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance;or (il) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title,as insured, (i) the Amount of Insurance shall be increased by Ten Percent(10%),and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under(a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title,or removes the alleged defect,lien,or encumbrance,or.cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation,including litigation by the Company or with the Company's consent,the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction,and disposition of all appeals,adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. A A,!- Copyright American Land Title Association. All rights reserved. -- The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as Il -- ALTA Owner's Policy(06/17/2006) Printed: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 FIDELITY NATIONAL TITLE INSURANCE COMPANY POLICY NO.7404-015993 i (continued) 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed,assumed,or taken subject,or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions,the payment shall be made within thirty(30)days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy,it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property,to the extent of the amount of any loss,costs,attorneys'fees,and expenses paid by the Company. If requested by the Company,the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue,-compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant,the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, orlbonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association("Rules"). Except as provided in the Rules,there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to,any controversy or claim between the Company and the Insured arising out of or relating to this policy,any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is Two Million and No/100 Dollars($2,000,000)or less shall be arbitrated at the option of either the Company or the Insured, All arbitrable matters when the Amount of Insurance is in excess of Two Million and No/100 Dollars($2,000,000)shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s)may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT (a) This policy together with all endorsements,if any,attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy,this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person,or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsement, (iii)extend the Date of Policy,or(iv)increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy,in whole or in part,is held invalid or unenforceable under applicable law,the policy shall be deemed not to include that provision or such part held to be invalid,but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW;FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore,the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at: Fidelity National Title Insurance Company P.O.Box 45023 Jacksonville,FL 32232-5023 Attn: Claims Department END OF CONDITIONS an�inicnr. Copyright American Land Title Association. All rights reserved. The use of this Form(or any derivative thereof)is restricted to ALTA licensees and ALTA members in good standing as •�fynq - - of the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association.` ALTA Owner's Policy(06/17/2006) Pdnted: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number: Issued By: ' Fidelity National '17 itle 7404-015993 Insurance Company. 1. The following is added as a Covered Risk: "11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsements, (iii)extend the Date of Policy, or (iv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: June 12, 2023 Countersigned By: Authorized Signatory Standard New York Endorsement(7/1112) Printed: 06.08.23 @ 10:03 AM For use with ALTA owner's Policy(6117/06) NY-FT-FRVH-01030.431004-SPS-27306-1-23-7404-015993 POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy Number: Issued By: Fidelity National Title 7404-015993 Insurance Company When the policy is issued by the Company with a policy number and Date of Policy, the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. This endorsement is issued as part of the policy. Except as it expressly states, it does not(i)modify any of the terms and provisions of the policy, (ii)modify any prior endorsements, (iii)extend the Date of Policy, or (iv)increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement,is inconsistent with an express provision of this endorsement,this endorsement controls. Otherwise,this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company Dated: June 12, 2023 Countersigned By: Authorized Signatory TIRSA Policy Authentication Endorsement(6/24/16) Printed: 06.08.23 @ 10:03 AM NY-FT-FRVH-01030.431004-S PS-27306-1-23-7404-015993 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)402-94421 F:(518)402-90281 Landsforests@dec.ny.gov www.dec.ny.gov November 1, 2023 Cathy Kerson Land Preservation PO Box 1179 Southold, NY 11971-0959 Dear Name: We received the following conservation easement(s)from you in our office on: CE #: Suffolk, 0739 Grantor: The Henry L. Ferguson Museum Deed: Liber: D00013217 Page: 013 Recorded: June 12, 2023 The conservation easement number(s) cited above has/have been identified for our indexing and filing purposes. Kindly use this/these number(s) when contacting us about the easement(s). Thank you. I Sincerely, Donna Holmes Program Aide Bureau of Real Property dlh NEWYORK DePantmentof PATPORfUNRV Environmental Conservation, P R O P E R T Y R E C O R D 5 gOFF01� OFFICE LOCATION: LILLIAN F.McCULLOUGH ��� CQG Town Hall Annex J LAND PRESERVATION 54375 State Route 25 EXECUTIVE ASSISTANT a (corner of Main Rd&Youngs Ave) O - Southold,New York lillianm@southoldtownny.gov y Telephone(631)765-5711 O44 �� MAILING ADDRESS: � a0 P.O.Box 1179 Southold,NY 1 1 97 1-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell 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: June 12,2023 Re: THE HENRY L.FERGUSON MUSEUM to TOWN OF SOUTHOLD Conservation Easement—15.00 acres(fka"Fishers Island Dev.Corp.) Please be advised that the Town has acquired a conservation easement property listed below. If you would like any additional information regarding this purchase,please feel free to contact me. SCTM#: 1000-4:5-5.10 LOCATION: East Main Rd, Firestone Dr&Top of the World Rd, Fishers Island EASEMENT ACREAGE: 15.00 acres PROPERTY OWNER: The Henry L.Ferguson Museum CONTRACT DATE: February 10,2023 CLOSING DATE: June 12,2023 PURCHASE PRICE: $925,000.00 per contract FUNDING: CPF 2%Land Bank MISCELLANEOUS: This parcel is on the Town's Community Preservation Project Plan List.The purpose of this acquisition is for open space,passive recreational purposes and wetland protection.The Henry L.Ferguson Museum has agreed to provide public access to the property in the form of accessible recreational trails that connect with,or link to,existing trails within the Henry L. Ferguson Museum trail system and/or the Fishers Island Recreational Path. 24.6 sanitary flow credits are available for transfer into the Town Sanitary Flow Credit Bank from this acquisition subject to a Town Board resolution regarding this transfer. I I 1. RROPFRtt 91R—PRFPMED 1.BARD E 9DNAES,BLOCK C-�- t B/200e BY CHMCtFR PA D. KN6 PALE-W.DAIL 2 RYM YAP RiOPERtt TO BE CDNYEYID ro.IOEO!YAKWEIL m a DEPKEur Gra sovm Tre ar ME Wu¢D Emva SWAD,N[W Ytld(.DATE:OR/ro)/101 1$CAI£ -AO",BY OIE TLi FNfRNE[IAIC,LU 51r1NE11NG•M[giFLRWa GLLL �1f5 RREPMED fDR,x[RM,Ya AxD R,RPDg SITE WDIGIED HEPECOLWNMir EKTENSION K ME USE BEYOND 1HE RWmOSID AOREFD i0 BEIWEEx ME NFNT ANO„K SIIRYEYtli EKLEEDS ME SCOK Di ME[NG2YENT. 2 IT IS A NIXAnON Oi ME STA1F EWGnON LAW ftli ANY \ / PE—.WLESS ACTWD IMOEP M[DRECRON Of A UCEHRFD fANO SURVEYOR.TO ALTER M ITEY W ANY 1 OILY CORE D<iE05 SU0.VEY YAIOtED MM iNE LAND \\ / SU0.V£1C(t5 SKSUIUNE AlID M ORONAL FYBO53•D tlt WK SEAL ME M[fPOWR 6 THE LMD SWVEYOP, i I SURVEY YM COIXNWATE D6CMCE5 ME YEASUFEfl iPCY US COAST A� mmt i l0!itt \ PREP RED f9B, QOOEIIC SUR1M lIOMYRADW iTAnW•[NOCWgMT T na,Wn Y�R,�_ NIF uM YOhw S¢iro �Ki nT S,a � TOWN OF SOUNOLD R W O ROEIF N KIMERS BLOCK FAST MNN ROAD, a roTUMA_,io�ADRiIa1.�Do:sF.l / / ISLAND SOUND PP"E RIVE& TOP OF WORLD >� oLDe.EaD W mwxe oISIIEDT R-,m. sw,� LOCATION MAP SCALE 10=400• FlSHERS ISLVID,NEW YORK b• MNXT IEE iflialSM YUSEW I / /T k �)3 r TM6 C6iRR.xto,T tt ruTKWu nTE[wzuRARa smWcs,uc i / �/-y . AwOMDS I /��z f�Dn1�9YEVEYS 6�MC NEW YOPI(STAIC I �T �o --� I // I Q \ � STONE FIRE _ --/��----- _ DRIVE i— NlNE�POL RE ALE TRUST iz Bsoo d j%"Yl E I .ua.m I s� aI1 a / fir Bsaror NI,E I Po�b ar W 1 0� y 7�� 1{ /�;, A•[ YM Iao SRTOI%�ceE S IOT SID cn.�f T'[4 Ai awl® \,'\•y�. Iw,aao s N F i Im ila FISHER$ISLAND �/ r SwufU J s BY TRUST loon smKa.sou a sar v vPWER LDGnOx. 4 E DEVELOPMENT CORP. •^\,. A.arA-,ion Ai,a "`r RFlREESTONE ORQAD RNe \ ) �il.iYs�W - II ,�WOE /Gn OIIXz IK IO)Y IlI.WD la �)E NIF h TOP OF THE WORLD 4 VT\ E\\Y\ 3xr v� lass ,M WaT I I II� �OFWK EL A SOPER —BAYNE SOPER ' ! \ I§ mosronr�l Cj\ / I I DY' Iz' Y br[ � �)•�• M Ar r,?• n^ lass !8 I OrE>WY. 9 1 � =s.',iYo•W Yaso s1 F rrv�nol s \`` —__• EoA S T .ti M A 1... a._F` ia' I,wr -_.....- .e -... .-�•- ... "� EEs •,_$�Ws4�04 N R A EAST" �_ lase oti i minsi Ei aa., r. Dy _ •END R DAD —°''f• law CONSERVATION EASEMENT PERIMETER SURVEY EOaC aE'PAWaaln _aA Hpl�zmY N oonWim Br a+r� OP4 xoEE� D+w. Rigw Na )non onwN F.-- l OF I W nr-�vct�wn-r-PfIOJJWIUL, UlvuFJ-nlyuny,lvornc- lnll wryJ File View Toolbar Help r _ :;,MOBS Southold Active RJS:1 School: Fishers Island rs Island Dev Corp�' RollYear:ffP7�CuFr Yr Res vac land. Land AV: 3.900 mount Dr Land Size:15-62 acres Total AV: 3,900 Owner. Total: 1 Site Total: 1 ;Name: Fishers Island Dev Corp Prpcls: Nbad Cd: Sewer: Water: Utilities: Addl Addr: Res'vac lai 0 'Street: ';PO Box: 604 ICity: Fishers Island,NY Zip: 06390- iTaxableValue Miscellaneous Land Total: 0 County: 3,900 Book: 1 Type: FF: Depth: Acres: Sqft: kMuni: 3,900 Page: 00104 School: 3,900 Mortg: Bank: Schl after Star:3,900 Acct No: OB Sale Total: 0 Building Total: 0 Book Page Sale Date Sale Price Owner Exemption Total: 0 Term Own Improvement Total: 0 Code Amount Year Pct Type Name Diml Dim2 SQFT•Yr Built Snpcial District Total: 3 Value! I Units Pct Type Move Tax !7 Fishers Island .00 .00 .00 IFFOBO Fishers Island .00 .00 _00 fG091 Fishers Island .00 .00 .00 4 f ' 4 Y yi 1 1 1 Topographic Map Brooke Point zs/r ti9 fl Brooke Poin t *a i° zgft `r44 •142ft .y .fl nrion�a� bvw Sit Qlp0 _ r�G. U 39 ft r ' r Treasurt Pond SOUTHOLD GIS MAP Legend �. Arty ♦, r O aarui= Fr"hwator Wetlands •� ' '`..�:� i kir �� ~ Five Foot contours t� Y yl ♦ # ` I ! � ss �F -� .. s ` .��� to vK I"4 +K. � w f Wr i'" ice' �... �v. •�4.::�+,._� r. t.. •;� p* ,_y y ,,��� Page 10 P R O P E R T Y V I S U A L S PHOTOGRAPHS OF SUBJECT PROPERTY Photos taken by Benjamin Baldwin on November 21,2022 . ..................._._...................................... ........ ......... ......... __ . ........................ ......................._..............__......................................._........................_................ � i ; I i:: � •+r ,fin ,� y Corner of East End Road and .°. Top of the World, FIDOC 16-13 � i i i I 1 i3 1 1 Looking north 1 on Top of the 1 World,FIDOC 16-13 on left 1 ; I I I � ; 1 i L...._..._........................_...—............................__......__._.._..._........_..._.._.....__._........................................................... .... ... .................1 Page 11 PHOTOGRAPHS OF SUBJECT PROPERTY ._... .......... ........ -.............. .......................................... ........... ................................................................... ............................ -..... _..._.._............................ ....... ...... ._......_....._...... .................... _.._........ _..... .....................� i r ! Looking south, I I view of Block Island Sound from corner of '--- --- -.. Top of the World I , I ! I ! Looking I I northwest at I i Lot 16-13 from East End Rd j I t...........................-_..__._.........._..........................................._.............__ ...................._--.._-._.._..-_......__..............._._......._................ I Page 12 PHOTOGRAPHS OF SUBJECT PROPERTY ............._.._...._.._.._.........._...........__...... .--..._........_.......................................---...._...................._....__.._...........__............_.._...................................._._...._.....................................---..._........._........................_................................................................ i i I i i i Looking west I on East End i I Rd frontage of j Lot 16-13 and i i lot 16-14 in distance I i � { I i i i i I I 4....................._._......__.... ._...__.............-..........._....................__.._................................-......-......................_._.__..._.....`......................_._..._......_...............................-....__..... ___......................_._... ........._...._....................... I I , i f � i I ' I Looking west { j on East End Rd frontage of j Lot 16-14 i I I ' i i j I i I t........_.........................__........................---..._...................._..........................._.......-_........................._._.._.............._......._._._.................................._._......._..__._............................_._........_......_.............._......_........ __._._........................................._............._ Page 13 PHOTOGRAPHS OF SUBJECT PROPERTY ...................................................................................................................................................................................................................................................................................................................... Looking northeast on East End Rd Lot 16-14 frontage ............................................................ ......................................................................................................... ................................................................................................................................... Looking north on east side of Lot 16-14 ........................................... ....................................................... ......................................................... ....................................... .................................................. Page 14 PHOTOGRAPHS OF SUBJECT PROPERTY Looking east on EastI s _ i at LotI _i Looking southwest on . •R�i ���itla y� � �r FirestoneDrive, Lot 16- 15 on left F L= ` . r .•' 15 PHOTOGRAPHS OF SUBJECT PROPERTY -------........................._-___-......_..----------- —- -----....-................................ _-....---....................._._.............._........._..._...._, f i I j i Lot 16-1 S i Frontage on j Firestone I j Drive Looking northeast � I , r i - i .. .... ,�. i I � ' � I I i ! I i i I � i Looking east at corner of EastiajP End Road and i j Firestone _ Drive 3 I � i I ._........_........_....._....................__.................._........-.......__................_..._...._.._........._............................._...................._.._.._....-......._..._..............._..............................................__............__........._..._...._............__................._..............-....... Page 16 PHOTOGRAPHS OF SUBJECT PROPERTY M Looking northeast at frontage on Firestone Dr. Lot 174F oi n�. 4 � Y Looking southeast at ftontage / A E R I A L S .4t' do \ aq • ±.� r{ ,T r � 1 w14 -M 1 r a t r• � � ` i � � 4r I w 1• r •1 � ' � I :dry "die r i Y y T' it 19 4 INQUIRY#:7277890.4 YEAR: 2016 • +'�< i ' r�� a" �', ` ��#'1 =500' (rEDR 47. ' • �' .i f t. -014 foe INI .r • L q Ova Ao t A " It t4k•,,�. _ f • r 1 -40 , Nc +-ra ., w Alf 40 s • r \ wl A& tTr- Or PL 1R Wl T ti. s t r.. . At Aw rr LW40 iA ,``tom • •` R .�• / tf♦ Yy. a t '•� r. �d r ' s� or 1 � . � � •fir 7 _w� � � • .« �, '� s' ►;+i►•�, Mir. ti,, f a w,w `� «� j � • F.j OP 4t 3p \ w dr r � rt� r i. F yYJ r� Awe 44 Le � R • � .j.? �Hr q b 1 . r i i ' , � r yam.l..• .ram � ` � , •� ,1 Apo z it, IL yy • w ti I' INQUIRY#:7277890.4 YEAR: 1957 Subject boundary not shown because it exceeds image extent or image is not =500' �EDR` �� georeferenced. i I r i s Conservation . • r � rs e�• 1_ ti Forme a. Q Pond � 1 Tres'•--'� Po� Aerial View from Google OPO I �e / ',. ' *Chocomount beach Google Earth Ima a Date:2(22/2020 .41°16'4635"N 71°5T66.58"W elev 65 ft e e alt 2518 ft t The Henry Lm Ferguson w. R Museum as Contract Vendee Town - - l Conservation Easement Purchase iI = t0 Fishers Island Sound Chocomount Sub'ect Property Covent Protected Lands w Ferguson Ferguson tr Town Open Space Fishers Island Recreational Path O ~ i Rid eeRd afr kr. { r 30 r' Barleyfeld` • �d� Cove a Tre - as a r �e�Pond'Rd i ^ �,. _ Middle Farms Pond low Farms �§Pond Treasure ,,..u....,.. , end \a� PondThe Henry L. Ferguson Museum as Contract Vendee , 000 • n- 1 t. 'ow Pond y _ arlow Pond Beach Pa Island Pond Island PondMS § ♦' ypFi > �t Brickyard 4 Pond a�\ory�Rd t .t fiE a L m .c ,U I � e Town of Southold Geographic Information System January 25,Map Prepared by CountySuffolk County Real Property Tax Service Agency ARDS and Tax Map Copyright 2023, of • C�ub'Qo /Sdbella s U R V E Y MAP REFERENCES �+'An9 II©201 1. PROPERTY SURVEY PREPARED FOR BARD E. BUNAES, BLOCK #17, LOT #4-E, FISHERS ISLAND, NEW YORK, SCALE: 1"=40', DATE: 2/8/2000, BY CHANDLER, PALMER & KING 2. SURVEY MAP PROPERTY TO BE CONVEYED TO JOHN MAXWELL 33 Wilbur Cross Way,Mansfield,CT 06268 SOPER & BERKELEY BAYNE SOPER 274 TOP OF THE WORLD FISHERS 101 East River Drive,1st Floor ISLAND, NEW YORK, DATE: 09/17/2015, SCALE: 1"=40', BY CME East Hartford,CT 06108 ASSOCIATES ENGINEERING, LAND SURVEYING & ARCHITECTURE, PLLC 860-885-1055 1 www.chacompanies.com NOTES 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE SITE �������� INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR JUN - 9 2023 EXCEEDS THE SCOPE OF --HE ENGAGEMENT. 2. IT IS A VIOLATION OF' THE STATE EDUCATION LAW FOR ANY / LAND PRESERVATION DEPT PERSON, UNLESS ACTING JNDER THE DIRECTION OF A LICENSED Town of Southold LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. / 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND \\ / SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL I I ARE THE PRODUCT OF THE LAND SURVEYOR. MON. __ SURVEY MAP 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND (FOUND)� I -_�J MAP 1000 SECTION 4. BLOCK 5 LOT 5.11 \ PREPARED FOR: GEODETIC SURVEY TRIANGULATION STATION "CHOCOMOUNT 2" /--'- N/F / =W.49 ARTHUR KUYPERS & // TOWN OF SOUTHOLD 5. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX / ROELFIEN KUYPERS BLOCK MAP 1000, SECTION 004, BLOCK 5, LOT 5.10. CB / FODCO BLOCK 17 LOT 4E / EAST MAIN ROAD, 6. TOTAL AREA = 15.0(It ACRES (653,520f S.F.) / / ELECTRIC Box ISLAND SOUND FIRESTONE DRIVE & / / & CABLE Box ISLAND, NEW YORK OF THE 7. SITE IS LOCATED IN ZONING DISTRICT R-120. / / LOCATION MAP SCALE 1 "=400' FISHERS SLAND CERTIFIED TO: / / 30 3SS0• '�9. R AREA OF ENT TOWN OF SOUTHOLD / / TREE CUTTING HENRY LEE FERGUSON MUSEUM I �v 1%h AN FIDELITY NATIONAL TITLE INSURANCE SERVICES, LLC. I.PIPE IN ACCORDANCE WITH THE: MINIMUM STANDARDS I N,� (FOUND) FOR TITLE SURVEYS OF THE NEW YORK STATE I 0 - LAND TITLE ASSOCIATION. ( / 14" I / I / OAK I / STUMP I / IW / 0 04 /ham OV NEtAV 10 P. 8/ CB \ / / I•PIPE MAP 1000 SECTION 4. BLOCK 5 LOT 5.15 _ 05107 5 O OP` (FOUND) NIF FIRESTONE DRIVE I /i� �4ti ANNE H. POLK REVOCABLE TRUST r PARCEL 1 OF LOT 3 CHOCOMOUNT ✓y GRpVE�� L=18E.02 162.34 rt IS A vaLATroN of law FOR ANY PER90N.IIFaEss THEY ARE ACING UNDER THE DREC110N OF A LICENSED PROFESSIONAL. S 8T4o'00" E E NEEt,ARCHITECT.LANDSCAPE ARCHITECT oR LAND \l AN ITEM BEARING 7I ANY WAY.AN ITEM STAMP OF A LICENSE)PROFESSIONAL IS ALTERED,THE AVEtNG " E ELECTRIC Box SURVEYOR 7n ALTER IN IF E ENGINEER.ARCHITECT LANDSCAPE ARCHITECT at LAND #996 POLE � --�/ �/N 7 g2 0 ,� ik CABLE Box ? NOTATION HALL TAM Y THEIR mmuDE,THE SURVEYOR SHALL STAIR THE DOCUMFINT AND NCUAE THE Ng¢ DATE OF SUCH ALTERATION,AND A SPECIFIC DESCRIPTION \ o / POLE N 01'36'30" W OF THE ALTERATION. #6002 N 96.60' 01 LA\ N 39-31-400 W ` j\\ / 66.46' 0.\ s �\ F \ N 13'59'20" E LIMITS OF FRESH WATER S S . MAP 1000 SECTION 4. BLOCK 5 LOT 5.16 114.19'N 39'04'00" W \\ NIF ONNSSUNFFOLK COUNTY GAS �`�0• NIF AU4P 1000 SECTION 4. BLOCK 5 LOT &10 � SAMUEL S. POLK REVOCABLE TRUST 74.24' \ FISHERS ISLAND � PARCEL 2 OF LOT 3 CHOCOMOUNT PROJECT LOCATION: DEVEAc�MEtN.ATND�ORP. EAST MAIN ROAD, °� AREA 15.00E ACRES s & TOP OF THE FIRESTONE WORLD � 7 N 38'15'00" W AS MAP 1000 SECTION 4. BLOCK 5 LOT 5.7 10' WIDE RIVE FIDC0 BLOCK 16 LOT'S 13.14 AND 15 fig• MEfRESTONE \ \ 61.76' BLOCK 17 LOT 4F NIF N I WATER LINE JOHN MAXWELL SOPER (FOUND) .s o�. POLE I EASEMENT / & BERKELEY BAYNE SOPER POLE y, #845 10' WIDE 066, / FIDCO BLOCK 16 LOT 12 #844 WATER LINE I v EASEMENT w IRON PIPE o% POLE I `� N 47'10'10" W #846 I o Iz N 05'01'00" E25.58' o S539.89 j 200.07 W 1278.00 N 0047'20?"s W /QL 49•75' $ �` / O`C No. Submittal I Revision App'd By Date • POLE 0 h� RsskP2 #847 POLE ��41 #848-15A POLE F o/w--_ --_ o/w 185.03 849 �� °/w # POLE -- °/w N 84'1220" W 1.PIPE °/w #850 POLE (FOUND) e3 4S' -____-___ o/w #851 POLE 1 00 o '- E A S T - °/w--�--- °/w �_ #852 _ ..._ .... .. . ...., ? N ea.?ti ,�' ,hM� o - iv1 /� / p p °/w-_- 1193.98' POLE d 00, m �V '` O A °/w °/w_ #853 POLE \ \ r7 Q \Np 3 EDGE ° w #854 POLE S 660.44 \0. �� o® OF PAVEMENT ° w _ o w #855 POLE W 90.12 \ •�, 00 - zo ___ NA ,_- o w /w_-- #856 \ �� POLE \ 62•�0+ Yw Wv E A S T EN --_ L�97.049 5 A' p ° w D _ °/w '�R-263. POLE / CONSERVATION 01 LEG I -- - ---_ __°,w OLE EASEMENT PERIMETER o PROPERTY LINE I #858 o ABUTTERS LINE -- SURVEY o EDGE OF PAVEMENT 0) EDGE OF GRAVEL ------------------- OVERHEAD WIRES °/w Designed B Drawn B Checked B i NOW OR FORMERLY NIF g y' y' y- Y UTILITY POLE "' ZBC CB r BOUNDARY POINT O Issue Date: Project No: Scale: Z DRILL HOLE DH O a 5/12/2023 081729 1"=60' 1-1 IRONMONUMENT Rn c~) MERESTONE w Drawing No.: o FIRE HYDRANT WATER VALVE 60 30 0 60 "" GRAPHIC SCALE IN FEET SHEET 1 OF 1