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HomeMy WebLinkAboutDorset Farms, IncOFF[CE OF THE TOWN CLERK TO~,~q OF SOUTHOLD TIc[IS IS TO CERTIFY THAT TH~ FOLLOWING B.ESOLUTION NO. 519 OF 2004 WAS ADOPTED AT TIlE REGUL.M~ MEETING OF TFPE SOUTHOLD TOWN BOARD ON JUNE 29, 2004: gYH I~;REAS, the Toxxm Board of thc Toxwt of Southold held a public hearing on the question of thc pttrchase ora development fights easement on agricultural lands for a cetX, ain pat'cci of property o~med by Dorset Farms, Inc. on the 29a' day of June, 2004, pm,auant to thc pro,,isions of Chapter 25 (Agdcttlttu-al Lands Preseo, ation) and Clmpter 6 (Co~tmmnity Preset'. at[on Fired) of the To~xm Code, at which time all iuterestcd parties were Wen the oppomtnity to be heard; v~q~EREAS, said propett3~ is identificd as part of SCTM #1000-100-4 8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approxthtately 769 feet easterly of Elijah's Lane at its hitersection with Oregon Road (No(th Road), ia Mattituck; and 'SI,H£RE~.~, the development rights casement comprises approximately 31.5 acres of the 33 acrc p~cel. The exact area of the development rights easement is subject to the stltx ~2y; and WHEREAS, the properly is listed on thc Town's Cormntmity Preser~ at[on Project Plm~ as property rimt shmdd bc prcser~ ed due to its agricultural value; and WlIEREAS, the property is adjacent to acti,,e fmms mtd in the vicinity of other Palms on ,.~hich either the To'am or the County have purelmsed the dcx clopmenl fights; and WHEREAS, the purchase of the development rights on this property is in conformance x~ith the provisions of Chapter 6 (2% Comrauiffty Preservation Fund) and Chapter 25 (Agricultnral Lands Preservation) of the rl'oxm~ Code: and WlrIZREAS, the purchase price is $30,000 (tlfxrty thousand dollars) per btdldable acre. Tiffs purchase may be eligible for partial reimbursement from a grant from the 2003 Federal Fam~ and Ranch Lands Plotection Program or the New York State Department of Agriculture and Markets; and $~,~[EREAS, the Town Board deems it in the best public interest that the I'own of Southoiff pumlmse the development ri~as on these agricultttral lands; now, thcrctb£c, bc it RESOLVED that the Toxm~ Board of the To~x'n of Southo[d hereby elects to purchase a development rights easement on part of a certain parcel of property of agricultural la. nds o~ned by Dorset Farms. Inc.. pursuant to the proof, stoas o£Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000 100-4-8 m~d 4100 Oregon Road (North Road}, m~d is located on the southerly side of Oregon Road, apptoximately 769 t~et easterly of Elijah's Lane at its intersection witli Orcgon Road (North Road) in Matdtuck. The development rigiffs easement comprises approximately 31.5 acres of the 33 acre fm-m. The exact area of the development fights easement is subject to survey. The pm~ehase price is $30,000 (ttfirty thousand dollars I per buildable acre. The Tox~-n may be eli~ble lbr parfml relmbttrsement from a ~ant Rom the 2003 Federal Farm and Ranch Lands Protection Progzam or the New York State Department of Agriculture and Markets. Elizabeth A. Neville Southold Tovm Clerk #7012 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and [hat the Notice of which the annexed is a pdnted copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 24th day of June ., 2004. Sworn to before me this 2004 ~/ " Principal Clerk LEGAL NOTICE NOTICE OF PUBLIC Hr ),-RING' NOTICE IS HEREBY GIYEN th:it pursuant to the provisions o['Chapter 25 iAgricultural Lands) and:or Chapter 6 laP'o Conumnfit5 Pr,escn orion Fund) of the Toxin Code, the Town Board ofinc To;~m ol'Sottthold hereby sets Tuesday, June !9. 2004~ at 5:05 p.m.. Southold Tmon Ilall~ 57095 Main Road. Sonthold~ New ~ork as ~he time and place for a public hearing for the pm chase of a de'~'elopment rio, ht~ easement on agricultural Iands for a ceriain parcel of property o's ned b5 Dorset Farms~ Inc. Said prope~_v is identified as pater ot'SCIM ~1000-100-4-8. Tiao address is 4100 Oreg. on Road INorth Road), Mattituck, 'New York, and is located on the qoutheriy side of Oregon Road, approxh'namly 769 feet easterly of lzIijah's Lane at its h~tcrsection ~xith Oregon Road (No~h Road), in Manimck. Ittc dc~ vlopmem rightz easement comprises approximately 31.5 acres ol' the 33 acre parcel. The exact area of the developtnent riQlts casement is subject co sur~'ey. rhe purchase price is $30.000 (thirty thottsaud dollars) per buildable acre. The property is listed on the To~rt's Communi~' Presem~afion Project Plan as property That should be presented due to irs agricultural value, t he 2 own is cllgibl¢ lbr a grant from the 2003 Federal Fam~ and Raneh L'..mds ProtecLion Program/or partial purchase of this propet'ty m~d patx of the purchase price ma3 be rehr~bursed fi'om that agency. FURTIIER NOTICE i~ hereby g/yen tlmt a more detailed description o£ tl~e above meafioned parcel of land is on file th the Land Preservation Department. Southold lo'.~ n Hall )tonex, 54375 Route 25, SouthoId. New York, and may be examined by any interested person during [m~thess hours. Dated: Jm~e 15, 21104 BY OP, J)ER OF TIIZ TOWN BOARD OF THE TOX3.qN OF SOUTHOLD Elizabeth Nexille Town Clerk PLEASE PL~BLISIt ON JI. rNE 24. 2004. AND FORW,.Mtl) ONE ~ 1 ) AFFDAVIT OF PUBLICATION '10 ELIZ_~:IE2]-I NE\qLLE. TOWN CLERK, TOV~q HA[J: PO BOX 1179, SOUTHO/D, NPk' 1 [97[. Copies tn the follox'~Sng: Suffolk Times ToxxTt Board Members Land Preser~ atiort To'~ n Attorney Tow'n Clerk's Bulletin Board STATE OF NEW SS: COUNTY OF SUFFOLK) ELIZABETH A. NE~,qLLE. l'o~n Clerk of thc To~ n ol'South_old, New York being duly sworn, says dzat on the I ~ da,.' of (~2~-. * 2004. she affixed a notice of ',~ kick the mmexed printed notice is a n~ae cop_v, in a ploper and substantial nmnnei, in a most public place in the Tox~m of S ~uthold. Suftblk Cotmtv, Ncx~ York, to wi: C'le~k's Bulletin Board, 53095 Main Road: Southold, Ne~ York. NOTICE OF PUBLIC HZ?RING TO BE HE£D ON: June 29~ 2004, 5:05 p.xn. Southold Tox~m Clerk Sx~ om before rq¢ this ~ day of \'x~-~,---, ,2004. U ~otmylpub[ic ELLZ.~ETH A. NE¥1LLE TOWN CLERK OFFICE OF THE TOWN CLEttK TOWN OF SOUTttOLD THiS IS TO CERTIFY TI~kT THE FOLLO~¥ING RESOLUTION NO. 477 OF 2004 WAS ADOPTED AT THE REGULXR 51EETING OF 'IHE SOUTHOLD TOV~N BOARD ON .II?N~', 15, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (AL. q4cultural Lands) and'or Chapter 6 (29 ~ ConnnmtiW P£csar; ation Ftmd) or' the l'o,,xm Code, the Toval Bom'd of the To;x~ of Southold hereby sets Tuesda'~; June 29, 2004, at 5:05 p_m., Southold To~ nt Ilall, 53095 Main Road. Southold, New York as the rime and place for a public hearing lbr the purchase of a developmen~ rights easement on am'icultural lands for a certain parcel of properly, owned by Dorset Farms~ Inc. Said propert) ix identified a~ part oISCrI3,I #1000-I00-4-8. Thc addrcss is 4100 Oregon Road (Noah Road), Martimck, Nexx York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of EIijah's Lkme at its intersection with Oregon Road (Noah RoadL h~ Ma~:ituck. The development 15ghts easement comprises appro~:imately 31.5 acres of the 33 acre parcel. The exact area of the development fights easement ix subject to The purchase price is $30,000 (tlfirty thousand dollars) pet' buildable ~cre. The pt'opetW is fisted on the Town's Cottmmnit3~ Prese~a ation Pmject Plan as property that should be preserved due to its agrlculmral value. The Totem is eligible lbr a ~ant from the 2003 Federal Farm and Ranch Lands Protection Proglam ibr pmfra[ purchase of t[tis property, and par[ of the pm-cha.se pdee may be reimbursed fi.om that agency. FURTIYER NOTICE is hereby gix on that a more detailed description o£the above mentioned parcel of laud is on rite in the [and Preservation Department, Southold Toxm~ Hall Annex. 54375 Route 25, Southold, New York, and ma5' be examined b~ an}, interested per~on dmSng b usirre~s hours. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.u$ Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Administrative Assistant March 25, 2005 DORSET FARMS, INC. to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-100-4-p/o 8 Total PDR acres = 31.1843 acres Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated February 18, 2005, between Dorset Farms, Inc. and the Town of Southold, recorded in the Suffolk County Clerk's office on 3/8/05, in Liber D00012375 at Page 384 · Original title insurance policy #RH04301552, issued by Land America*Commonwealth in the insured amount of $1,021,077.80 · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded deed Jack Sherwood w/copy of recorded deed and survey map Town Board w/o encs. qlm~ Il SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt N%uaber : 05-0024382 TRANSFER TAX NUMBER: 04-31708 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 100.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $48 COE $5 TP-584 $5 Cert. Copies $10 SCTM $0 Comm. Pres $0 00 NO Handling 00 NO NYS SRCHG 00 NO Notation 40 NO RPT 00 NO Transfer tax 00 NO TRANSFER TAX NUMBER: 04-31708 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County MAR 2 4 20O5 DEPT. OF LAND PRESERVATION 03/08/2005 09:07:35 ~ D00012375 384 Lot: 008.002 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $118.40 TORRENS Serial# Certificate # Prior Ctf.# Deed/Mortgagelnstmment Deed / Mortgage Tax Stamp FEES Page / Filing Fee Handling TP-584 5. 00 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy,,~ NYS Surcharge Other 5. 00 15. 00 Sub Total Grand Total 4 Dist. Real Property Tax Service Agency Verification [SectJioaff Imo 05009327 xooo ~-oooo 0400 008002 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: C LE~:~: OF _rdFFOD: r_.' 0 Ui,?.` L [..,OOi_-I; 257_~ P 384 E}T~ Oq,-3 [7u.2- Recording / Filing Stamps -$ CPF Tax Due Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax 0 -- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES . or NO If NO, see appropriate tax clause on page # __ of this instrumenl:. ,..-- Community Preservation Fund Consideration Amount $ C~ Improved Vacant Land t"/" TD /~) TD Lisa Clare Kombrink, Esq., P.C. 235 Hampton Road TD Southampton, NY 11968 7 I Title Company Information co. $ me Suffolk County Recording & Endorsement Page Grant of Development Rights:Easement made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY. NEW YORK. This page forms part of the attached DORSET FARMS, INC. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 1/28/05 GRANT OF DEVELOPMENT RIGHTS EASEMENT ,- THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ]a0 day of 2005 at Southold, New York. The parties are DORSET FARMS, INC., P.O. BOX ONIC, NEW YORK 11958 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee'3. INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located at 4100 Oregon Road, Mattituck in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-100-4-8, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "Property"; and as shown on the survey dated July 8, 2004 and last revised January 14, 2005 prepared by John C. Ehlers. WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-100-4-8; and WHEREAS, the Property contains soils--~ acres of soil classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") has provided Grantee and for the acquisition of this Easement, entitling the United States to the rights identified herein. ~ WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as a vineyard; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Properb/is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION-TWENTY-ONE THOUSAND- SEVENTY-SEVEN DOLLARS AND EIGHTY CENTS ($1,021,077.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as set forth in Land America Commonwealth Title Report # RH04301552 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General IVlunicipal Law to acquire fee title or lesser interests in lahd, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the agricultural values of the Property which foster environmental, natural and scenic benefits and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its agricultural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated .luly 8, 2004 and last revised January 14, 2005 prepared by .lohn C. Ehlers and an Environmental Site Assessment dated August 20, 2004, prepared by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than the agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold and any additional uses permitted by amendment of such Law or Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE -I-~VO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. All signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, except for dr/wells, drainage or systems used to service permitted agricultural or conservation uses on the property. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures on the property. Said utilities may service an adjacent property if the adjacent property is owned by Grantor and is subject to a Development Rights Easement and said Easement permits utilities. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in Section 247 of the General Municipal Law and /or defined in Chapter 25 of the Town Code, shall not be considered a commercial use. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural productions be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RNS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRC$ Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.10 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238T of the Food Security ACt of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on i~z~b /~' .2005. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Sub~iect to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed damaged or interfering with agricultural production. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of $outhold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, limited to de minimus structures, provided such structures are used for agricultural production; (iii) Renovation, maintenance and repairs of existing structures which require a building permit, provided the existing footprint is not increased and the primary purpose of the structure remains agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FI[VE 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. This provision shall not preclude Grantor from contesting such amounts and from deferring payment during such contest period. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Liability and Indemnification. Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsoever on or under the Property. 5.03 Annual Mowinq Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection. Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor and not more frequently than annually without Grantor's consent and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property 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 hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement and which cure period is extended to a reasonable time if such restoration cannot reasonably be accomplished within 15 days), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses'~ in connection with any proceedings under this Section, as approved by the Court. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation,~.~T,~ l)~l V~c~_l~tate Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 6.05 No Waiver Grantee's exercise of one remedy or relief under this AR'I']CLE 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 constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment of Easement At the mutual request of Grantor, Grantee, and United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain approved in advance by the United States Department of Agriculture NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 7.12 ("Proceeds") herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of $outhold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of the property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.11 (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under Section 170(h) of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmantal organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. ]Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governina Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Tnterpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Contingent Rights of the United States of America In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, the said Secretary and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. Further, in the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretary, all right, title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is ~-,~.~/o. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are ~O %, and ~ %, respectively, representing the proportion each party contributed to the purchase price of the easement. IN WI-I'NESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: DORSETI~EARIgS, :[NC., Grantor PE1-EI~ C-~F~ROLL President ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU~HOLD, Gra, ntee BY: '~'~ ~"~'Z,,~ ~.~o T'~7 Supervisor Acceptance of Property ]Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. By: Harilyn Cassidy Stephenson State of New. York .) County of ~ ), ss: On the _J_//_~ay of ~eJ=,~,,~-~ in the year 2005 before me, the undersigned, personally appeared Marilyn Cass~dy Stephenson, 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 (les), 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. LAUREL DEYOE Notary Public State of New York No. 5071323 Qualified in Saratoga County Commission Expires January 6, 2007 Signature~ic~ of~ inaividual ~king acknowledgement STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this/~'//~day of~'~'~/'~]'in the year 2005 before me, the undersigned, personally appeared /t-u,.,-~ .g~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(les), 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 NOTARY PUBLIC, State of New York No, 02HA4927029 _ Qualified in Suffolk County Commission Expires March 21, 20 ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this/~day of~-e-~ ~e year 2005 before me, the undersigned, personally appeared ,t~.J<.~g'a~'-rc>J~'r~>/I, 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_i~l-~ividual(s) acted, executed the instrument. ~R~ J. U~L~C, State o! NeW C:\My Documents\Anne\Town of Southold Deeds of Development Rights\DorsettfarmsEasement12805.doc .s~.~ ' ' ' ' ~'"~"" SCHEDULE A - DESCFLTPTION .. ~,,, , ,,L,, ~,~'~, ,.¥ , County of Suffol~ and State of New ¥¢rk, more particularly ~o~ded and described as fO~Iows: BEGINNING at ~ mo~urnen~ on the Southerly side of Oregon Road distant the rollaway ~wo (2) courSes and d~stences ss measured along tl~e Southerly side of Oregon Road from the corner formed by the inte~ection of the Southerly side of Oregon Road with the Easterly side of Eli~ah's Lane; -, L, No,th 63 degrees 53 minutes 30 seconds East, 365.08 fee~ and; 2. ~or~h (~3 degrees 58 minutes 10 seconds East~ 403.48 feet, and from said point of beginning; RUNNING THENCE Nor[-h 63 ~leg~ees ~8 minutes [O seconds East along the s~utherly side of Oregon Road, 305.69 THENCE South 25 degrees O? mlnu~es 30 seconds East, 460.25 feet; THENCE North 61 0egress 52 minutes 30 seconds East, 175.00 feet; THENCE No~h 28 degrees 07 minutes 30 seconds West, 199.25 feet to a monument and land now or formerly of Jeanne ~, Thomas Magulre; THENCE North 57 degrees I~ miNuteS 30 seconds East, alan9 said land, 142.3B feet; THENCE 50uth 28 degrees 07 minutes 30 seconds East, sbll along said land, 30.00 feet; THENCE North 62 degrees 02 minutes 10 seconds East~ still along said land and later along land now or formerly of-~oseph A. Deerkosk~ & Waiter P. Scott, :[72.91 feet to a monument and land now or formerly of EC/iti~ 3. & Rol:~rt D. Scudellari; THENCE South 28 degrees 07 minute:~ 30 seconds East, along said land now or formerly of Scudellan, 47.23 ~eet to [and now or formerly Cf Andrew 5. ~erkman, Bart,/ Bar,man & Debora~ Berkman; THENCE along said la,~d now or formerly of Berkman ~he following three ~3) courses and al:stances: South 28 degrees 05 m,nu~es 40 ~eccnds East, 838.$~ feet; South 28 degrees 00 m,nute$ SO seconds EaSt, 522..34 feet; and 3. South 29 degrees 05 minutes 30 seconds East, Z93.36 feet to land now or formerly of L & R Vineyards Associates; THENCE South 64 degree~ 02 m.nutes 50 seconds West along sald land now or formerly of L & R V~neyards A~so¢ia~es, 838.6~ feet; THENCE North 25 degrees 5t minutes 50 seconds West still along said last mentioned !ands~ 18roL.33 feet :he monument on the southerly side of Orego~ Road anti the ooint or place of ~EGZNN~NG. Csd.-Iflca[e of Title ISSUED BY COMMON'ArEALTH lAND TITLE INSURANCE COMPANY' OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS PROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: I. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as inaured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when coumersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President 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 which arise by reason of: I. la} Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i} the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimension~ or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. lb) Any governmental police power not excluded by la) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: la) created, suffered, assumed or agreed to by the insured claimant; lb) 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; lc) resulting in no loss or damage to the insured claimant; (dj attaching ut created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: la) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or {b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: Ii) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Valid only if Schedules A and B and Cover are attached Face Page Form 1190-1A ORIGINAL 'A£1118¥1'1 dO NOIIVNIflI:i31 !S1~1¥1:) 3q113S 3SIMH:IHIO UO AVd 01 SNOIIdO '9 '3~3¥fl¥0 ldO SSO'I dO dOOUd 'G 40 Al.triG :SNOIIOV 40 Nou. no3SOUd QN¥ 3SN3d3Q 'INVfllVqO O3URSNI Ali N:IAIO 38 01 IrJl¥10 :JO :IOIION '£ SNJOIJ~VqiqdLLS (INIV SN~OI.LI(1NIO.) CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. 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 and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as ~nsured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A al the Date of Policy is less than 80 percent of the value ol the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the [Dsured estate or interest by at least 20 percent over the Amount of Insurance stated ~n Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any padial loss, the Company shall only pay the loss pro rata in the proportion that the a. mount of insurance at Date of Policy bears to the total value of the insured estate or ihterest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the propodion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the ~mprovement. The prov~slons of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount ct Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. if the land descnbed in Schedule A consists of tw~ or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as ~f the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has o~herwise been agreed upon as ~o each parcel by the Company and the insured a~ the t~me of the ~ssuance of this policy and shown by an express statement or by an endorsement attached to th~s policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the htle, or removes Ihe alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have tully performed its obligations with respect to that matter and shall not be I~able for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or w~tn 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 therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any 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 the insurance pro tanto. 11. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a modgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereaffer executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. t2. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof ol loss or destruction shall be furnished Io the satisfaction ol the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days Ihereaffer. 13. SUBROGATION UPON PAYMENT OR SE'I-I'LEMENT. (a) The Company's Right of Subrogation, Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to pedect this right of subrogation. The insured claimant shall permil 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 or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these dghts and remedies m the proportion which the Company's paym,~nt bears to the whole amount of the If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemmties, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this pohcy, 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable mailers may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to th~s policy, any service of the Company in connection with its ~ssuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or ]ess shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when Ihe Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in eC¢ect at Date of Policy shall be b~nd~ng upon the parties. The award may include altorneys' fees only if the laws of the state in which the land is located permit a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by lhe Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the T~tle Insurance Arbitration Rules, A copy ol the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) Th~s policy together with all endorsements, if any. attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, th~s policy shaII be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President. a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full Iorce and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached FEB, 18. 2005 ~:I~F'I~I CL RIVE~:HEAD LandAmerica Commonwealth ~0, 859 F'. 2 3 File Nor RH043015,~2 SCHEDULE A Amoullt of Tflsurance: $1,021v077.80 Policy No.; RH04301552 Date of Policy; February 14, 2005 1. Name of Tnsured; Town of 50uthold a~d The United States of America (each as to 50% interest) 2, The estate or interest in the land which is covered by this policy: Development Aights Title to the estate interest in the land is vested in: By deed mede by Dorset Farms Inc. to the TNSURED dated 2/18/:7005 and to be recorded in the Office of the Clerk of the City/P, egister Suffolk County. 4, The land referred to in this policy is described on the annexed Schedule A - Description, Countersigned: Authorized Officer or Agent ALTA Owner's Policy (10-17-92) FEB, 18, 2005 3:.13~1 . 'C R:IVERHEAD ~,859' F, 3 3 LandAmerica Commonwealth File No: RHO43o155~. STANDARD NEW YORK ENDORSEMENT (OWNER'S POI.ZCY) ATTACHED TO AND MADE A PART OF POLZCY NO, 04301552 ];SSUED BY COMMONWEALTH LAND Ti'TIE TNSURANCE COMPANY The following is added to the fnsuring provisions on the face page of this policy: "5. Any statu[ory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estete or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) Tf the recording date of the instruments creating the insured interest ia [a~er than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing her~in contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a vaJidating signatory, is made a part of the policy and is subject to the Exclusions from Coverage~ Schedules, Conditions and Stipulations therein, except es modified by the provisions hereof. Dated: February 14, :~005 Countersigned: Authorized 0 ffice r o r~"~g~// Commonwealth Land Title Znsurance Company President Attest:: ~ Secretan/ Standard New York Endorsement-Owner's CLOSING STATEMENT DORSET FARMS, INC. to TOWN OF SOUTHOLD Premises: 4100 Oregon Rd, Mattituck SCTM #1000-100-4-p/o 8 Total Parcel Acreage -- 33.0208 acres Total PDR Acreage -- 31.1843 acres (PDR acreage minus 1.1526 LIPA easement --- 30.0317 buildable acres) Closing took place on Friday, February 18, 2005 at 3:00 p.m., Land Preservation Department, Town Hall Annex, 54375 Main Road, Southold, New York Purchase Price of $1,021,077.80 based on 30.0317 buildable acres at $34,000/acre disbursed as follows: Payable to Dorset Farms, Inc. Check #79932 (2/14/05) *eligible for 50% reimbursement from USDA-NRCS grant Expenses of Closing: Appraisal Payable to Given Associates $ Check #71759 (5/20/03) $ 1,021,077.80' 1,900.00 Appraisal Updated Payable to Given Associates Check #80430 (3/1/05) **not paid at time of closing Survey Payable to John C. Ehlers Land Surveyor Check #77724 (8124104) $ 1,900.00** $ 4,250.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Phase I, ESA report Check #78637 (10/19/04) Payable to Nelson, Pope & Voorhis, LLC Reinspection, Inspection letter & review of documents Check #80480 (3/1/05) **not paid at time of closing $ 1,300.00 $ 562.50** Title Report Payable to Stewart Title Insurance Company Check #79934 (2/14/05) Fee insurance $ 4558.00 Recording deed $ 310.00 Certified copy $ 50.00 Bankruptcy search $ 20.00 $ 4,968.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79933 (2/14/05) $ 75.00 Those present at Closing: Martin Sidor Lisa Clare Kombrink, Esq. Abigail A. Wickham, Esq. Peter Carroll Karen Hagen, Esq. Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Attorney for Seller Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst ~ ~, 53095 MAIN ROAD 02/~472005 ~7-9932 $t,02i,077.~0 .' ,.0~ ~TL~ON T~'R~T¥ ON~ ~OUS~D S~V~NTY S~V~.N 3_~D 80/100 DOggeRS P^?!o . DORSET FARMS, INC. :OaO~R PO BOX' 28 '-.- o~' iSEC(5~IC NY 11958 VENDOR 004555 DORSET FARMS, INC. 02/14/2005 CHECK 79932 I~TTND X,. ACCOUNT H3 .8660.2.600.100 P.O.~ TNVOICE 021405 DRSCRIPTION AMOUNT DEV RIGHTS-30.0 1,021,077.80 TOTAL 1,021,077.80 TOWN OF SOUI'HOLD · SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual .Vendor.. 007416 GIVEN, SRPA/PATRICK Y Y Y JE Date Trx. Date Fund Account ......................... Use Acti 12/03/2002 12/03/2002 H3 .600 12/03/2002 12/03/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 1/07/2003 1/07/2003 H3 .600 1/07/2003 1/07/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/25/2003 3/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 5/20/2003 5/20/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 7/08/2003 7/08/2003 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-05202003-473 Line: 143 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : 5/20/2003 SDT 5/19/03 : 1,900.00 : APPRAISAL-DORSET FARMS : 007416 : GIVEN, SRPA/PATRICK A. : 71759 SCNB : 2003170 : 10641 : : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 5/20/2003 : Date Cleared. 5/31/2003 : F3=Exit F12=Cancel F21=Image GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti .. 11/30/2004 11/30/2004 H3 .600 12/28/2004 12/28/2004 H3 .600 3/01/2005 3/01/2005 H3 .600 iYi 3/01/2005 3/01/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03012005-123 Line: 153 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : ?tx Date ..... 3/01/200S SDT 3/02/05 Trx Amount... 1,900.00 Description.. APPRAISAL DORSET FARMS Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 80430 SCNB Invoice Code. 2005001 VOUCHER ...... P.O. Code .... Project Code. Final Payment P Liquid. Type of 1099. M BOX. Addl. Fixed Asset.. Y Date Released 3/01/2005 Date Cleared. F3=Exit F12=Cancel JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date ] Invoice # 8/9/2004 i 2004318 $outhold, N.Y. 11971 Attn: Me an e You~r Client Dorset Farms, Inc. Date of Service 8/10/2004 Description Current survey of parcel containing approximately 33 acres with the intention of transferring 31.5 acres of development rights to the Town of Southold Approximate time for completion is 3 weeks SCTM# My Job # 1000-100-4-8 04-234 Amount 4,250.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. Y .Y. JE Date Trx. Date Fund Account ......................... Use Acti '4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 2/24/2004 2/24/2004 H3 .600 4/06/2004 4/06/2004 DB .600 7/27/2004 7/27/2004 H3 .600 8/24/2004 8/24/2004 H3 .600 Select Record(s) or Use Action Code Disbur$ Inquiry by Vendor Name .............. Detail--GL1OON .............. : W-08242004-336 Line: 95 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/24/2004 SDT 8/26/04 : : Trx Amount... 4,250.00 : : Description.. SURVEY-DORSET FARMS,INC : : Vendor Code.. 0as322 : Vendor Name.. EHLERS/JOHN C. : : Alt Vnd.. : : CHECK ........ 77724 SCNB : : Invoice Code. 2004318 : : VOUCHER ...... : : P.O. Code .... 12264 : : Project Code. : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 8/24/2004 : : Date Cleared. 8/31/2004 : : F3=Exit F12=Cancel F21=Image : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 · Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04258 Project: VA01569 Dorsett Farms Property, Mattituck Manager: McGinn, St6ven To: To~xxa of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2701 Invoice Date: October 01. 2004 MAK~ CHECKS PAYABLE TO NELSON POPE &VOORI:IIS Invoice Amount $1,300. O0 Contract Item #I: Prepare Environmental Site Assessment - Phase I Work Performed: 8/4 thru 8/31/04 Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Prt~jectlnvoice Amount $1,300.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR .JE Date Trx. Date Fund Account ........... ~ ............. Use Acti 6/01/2004 6/01/2004 H3 .600 6/01/2004 6/15/2004 7/13/2004 7/27/2004 7/27/2004 8/10/2004 8/10/2004 8/10/2004 8/10/2004 10/19/2004 11/16/2004 11/16/2004 12/28/2004 1/18/2005 6/01/2004 6/15/2004 7/13/2004 7/27/2004 7/27/2004 8/10/2004 8/10/2004 8/10/2004 8/10/2004 lO/19/2oo4 11/16/2004 12/28/2004 1/18/2005 H3 .600 H2 .600 B 600 H8 600 A 600 A 600 A 600 A 600 A 600 H3 600 H3 .600 H3 .600 H3 .600 B .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10192004-891 Line: 228 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 10/19/2004 SDT 10/20/04 : Trx Amount... 1,300.00 : Description.. PHASE I ESA-DORSET FARMS : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 78637 SCNB : Invoice Code. 2701 : VOUCHER ...... : P.O. Code .... 12268 : Project Code. : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 10/19/2004 : Date Cleared. 10/31/2004 : F3=Exit F12=Cancel F21=Image : Nelson, Pope & Voorhis, LLC ~72 Walt Whitman Road Melville, NY 11747 Phone: 631-427-5665 Fax: 631-427-5620 March 01, 2005 For: Statement of Account Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Attention: Melissa A Spiro VA01569 Dorsett Farms Property, Mattituck Invoice Due Current Payments/ Amount 3015 Invoice 2/I 1/2005 3/13/2005 0.00 562.50 0.00 562.50 0.00 $562.50 IF YOU HA VE ANY QUESTIONS REGARDING THIS STATEMENT PLEASE CONTACT HEATHER AT 631 427 5665 XT 504 · GL108S 20 TOWN OF SOUTHOLD · * Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 1/18/2005 1/18/2005 B .600 .. 1/18/2005 1/18/2005 B .600 2/15/2005 2/15/2005 SR .600 iYi 3/01/2005 3/01/2005 H3 .600 CANNOT FORWARD. END OF FILE Disbur$ Inquiry by Vendor Name .............. Detail--GL100N .............. : W-030120flS-123 Line: 253 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/01/2005 SDT 3/02/05 : : Trx Amount... 562.50 : : Description.. PHASE I ESA-DORSET FARMS : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 80480 SCNB : : Invoice Code. 3015 : : VOUCHER ...... : : P.O. Code .... 13452 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 3/01/2005 : : Date Cleared. : : F3=Exit F12=Cancel : TO~VN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE o2/14/2oos 079934 79934 $4,968.00 FOUR THOUSAND NINE HUNDRED SIXTY EIGHT AND 00/100 DOLLARS PAY TO LANDAMER I CA* COMMONWEALTH THE 185 OLD COUNTRY ROAD ORDER · OF PO BOX 419· "' RIV~R~AD NY .1~.90~ "'0 ?qq th"' 000001, 0,' VENDOR 003350 LANDAMERI CA* COMMONWEALTH 02/14/2005 CHECK 79934 F'IFN-D ,% Af~CqqlllqT P_O.~ H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 INVOICE RH04301552 RH04301552 RH04301552 RH04301552 DESCRIPTION AMOUNT TITLE POLICY-DORSET 4,588.00 RECORD DEED-DORSET/TO 310.00 CERT COPY/DEED-DORSET 50.00 BANKRUPTCY SEARCH-DORS 20.00 TOTAL 4,968.00 ',,.. TOWN OF SOUTHOLD . SOUTHOLD. NY 11971-0959 sEVENTY FIVE AiqD 00/100 DOLLARS TO%'N OF SOUTHOLD 53095 M.-NIr,I ROAD SOUTHOLD. NEW YORK 11971 0959 DATE 02//14/2005 ,,,o. 079933 79953 PAYTO KAREN HAGEN :r~E 2-675 KERWI~N BOULEVARD ORDER .... OF' GREENPOR~' NY 11944 O0000N 0,' VENDOR 007707 KAREN HAGEN 02/14/2005 CHECK 79933 Pfrkl'n ,~- ACCQI]NT P - © - g H3 .8660.2.600.100 TNVOICE 021405 DESCRIPTION AMOUNT TITLE CLOSER-DORSET/TO 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro ~,town.southold.ny.us Telephone (6311765-571 I Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Icorner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 S,~uth~qd. NY 11071-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: February 22, 2005 Re: DORSET FARMS, INC. to TOWN OF SOUTHOLD SCTM #1000-100-4-p/o 8 Please be advised that the Town has acquired the d~velopment rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 4100 Oregon Road, Mattituck OWNER: Dorset Farms, Inc. PURCHASE DATE: Closing took place 2/18/05 PURCHASEPRICE: $1,021,077.60 (based on 30.0317 buildable acres @ $34,000/acre) EASEMENT AREA: 31.1843 acres (includes 1.1526 LIPA easement area) FUNDING: Community Preservation Funds (eligible for a 50% funding reimbursement of approximately $510,538.90 from a grant from USDA-NRCS) MISCELLANEOUS: The total area of the Dorset Farms parcel is 33.0208 acres. The landowner reserved an area of 80,000 sq ft (1.8365 acres) from the easement. The location of the reserve area is shown on the attached survey. SOUTHOLD TOWN BOARD PUBLIC HEARING January 18, 2005 8:05 P.M. HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS FOR A CERTAIN PARCEL OF DORSET FARMS~ INC.~ SCTM #1000-100-48-8. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Jol:m M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Fiimegan COUNCILMAN WlCKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January 18~ 2005 at 8:05 p.m, Southold Town Hall 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Dorset Farms~ Inc. Said property is identified as part of SCTM #1000- 100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elij ah's Lane at its intersection with Oregon Road CN'orth Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $34~000 (thirty-four thousand dollars} per bnildable acre. The property is listed on the Town's Community Preservation Proiect Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Preservation Committee and the landowner have negotiated a new pumhase price since the lando~vner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re-imbursement. The change in purchase price requires a new public hearing. January 18, 2005 2 Public Hearing - Dorset Farms Development Rights Easement FURTHER NOTICE is hereby 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: I have certification that it has appeared on the Town Clerk's bulletin board outside the door and it has appeared in the Suffolk Times newspaper as a legal. That is all that I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the Board on this public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, the Town Board held a hearing on this project in June but since that time the purchase price has increased and that required another hearing. The property is located on the south side of Oregon Road, the farm is planted just about 100 percent as a vineyard. Peter Carroll, the landowner, has reserYed from the development tights easement about one acre, excuse me, two acres, with approximately 175 of frontage on Oregon Road. The rest of the property, just over 31 acres, will be within the development rights preservation area. The Town will receive, as Councilman Wickham mentioned, over $294,000 and perhaps as much as 50 percent of the purchase price from funding that has already been awarded to the Town under the Federal Farm and Ranchlands Protection Program. The farm is adjacent to and across the street from over 100 acres of farmland on which the Town and county own the development rights. The purchase will add a significant amount of protected farmlands to its already protected large block of farmland. Both the Land Preservation Committee and I are glad that Peter Carroll chose to offer the development rights on this parcel and I xvould like to extend our thanks and appreciation to him for doing so. I anticipate once the Toxvn Board elects to proceed with this, closing by the end of February on this project. So it has been a long time before us and I hope we can bring it to closure soon and I am happy that we will be able to use federal funding for this property. I think it helps the Town leverage the funding that we have from the 2 % transfer tax. It is a good thing. Thanks. SUPERVISOR HORTON: Thank you. Are there other comments in regard to this public hearing? (No response) As it pertains to this hearing and the heating just prior, you think about the purchase price and the amount of property we have acquired or we will be hopefully acquiting this evening, with pemfission of the Town Board, over $1.3 million worth of the funding to make these two happen came from state and federal agencies and that is a real testament to the Town's ability to preserve land, the credibility and strength of the Town's programs and the quality of the properties that we are seeking to preserve and why we are preserving them. I just wanted to point that out, that a lot of preservation money is flowing to Southold from the state and federal governments and we have to keep that coming. We xvill close this heating. Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 903 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 28, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 18~ 2005 at 8:05 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 develonment riehts easement on agricultural lands for a certain parcel of property owned by Dorset Farms~ Inc. Said property is identified as part of SCTM #1000- 100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $34,000 (thirty-four thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Presetw'ation Conunittee and the landowner have negotiated a new purchase price since the landowner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re-imbursement. The change in purchase price requires a new public hearing. FURTHER NOTICE is hereby 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Toxvn Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 18~ 2005 at 8:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Dorset Farms~ Inc. Said property is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $34,000 (thirty-four thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial pumhase of this property and part of the purchase price may be reimbursed from that agency. The Toxvn Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Preservation Committee and the landowner have negotiated a new pumhase price since the landowner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re- imbursement. The change in purchase price requires a new public heating. FURTHER NOTICE is hereby 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 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: December 28, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 6~ 2004~ AND FORWARD ONE (l) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Land Preservation Town Clerk's Bulletin Board Town Board Members Town Attorney STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~1 day of~, 2004, she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. Public Hearing 1/18/05 8:05 pm ~lizab[th'A. Nl~vfile Southold Town Clerk Sworn before me this :[~ dayof ~ 2004. NOtary Public LYN~A M BO~N #7281 _.. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, successively, commencing on the 6th day of January ,2005 Principal Clerk Sworn to before me this ~ ; day of/ 'i' , ~.(('(, ~.'/-" 2005 CHEISTINA VOLINSKt NOTARY PUBL~C-STA?E OF NEW YORK H,:,. O1-V06t 05050 LEGAL NOTICE NOTICE OF PUBLIC HEARING NO'lICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricuhural Lands~ and/or Chapter 6 12% Commumty Preserxation Fund) of the To~n Crv. lc, the Town Board of the Fown of Southold hereby set.~ Tuesday. Southold Town Hall. 53095 Main Rood. Soulhold. New York ~ the {iIBg and nlae~ for a nuhlie hearin, for the nureha.r.e of a develonment ri~ht~ easement on a~rieultural Innd~ for a certain narcel of nronertv owned by Dorset Farms. Inc. Said property is identified as part of SCTM g1000-100- 4-8. The address is 4100 Oregon Road INorth Roadl. Maltituck, New York, and i~ located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersec- tion with Oregon Road INorth Roadh in Mattituck. The developmenl rights ec~se- ~nent comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement i, sUbleCt to survey. The purcha~ price is $34,000 {thirty four thousand dollars~ per buildable acre. The property is ~isted on the To~n's Community Eleservation P~oject Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Fam~ and Ranch Lands agency. The Town Board had a hearing for this proposed purchase of a develop- ment rights easement and passed a reso- httion to purchase Ihe dexelopment rights on June 29, 2004 (Res. No, 519 of 2004~. However, the Land Preservation Committee and the landowner have negotiated a new purchase price since the landowner has agreed to the more resuictive easement language required by the Federal Farm and Ranch Lands Protection Program. therefore allowing the projecl to become eligible for Federal granl re-imbursement. The change in purchase price requires a new public hearing. FURTHER NOTICE is hereby 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 Route 25. Southold. New York. and may be examined by any interested person during business hours. December 28. 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 7281-1T 1/6