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Shur, Randy Scott
1000-94-3-1.12 (f/k/a 1000-94-3-p/o 1.6) Baseline Documentation Premises: 4050 Sound View Avenue Mattituck, New York 13.2271 acres Development Rights Easement RANDY SCOTT SHUR to TOWN OF SOUTHOLD Deed dated July 28, 2006 Recorded August 7, 2006 Suffolk County Clerk - Liber D00012463, Page 230 SCTM #: Premises: 1000-94-3-1.12 (f/k/a 1000-94-3-p/o 1.6) 4050 Sound View Ave. Hamlet: Mattituck Purchase Price: Funding: $767,171.80 (13.2271 buildable acres $58,000/acre) Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 16.7076 acres Development Rights: 13.2271 easement acres Reserved Area: 3.4805 acres with two story frame house to be subdivided from farmland Zoned: A-C Existing Improvements: In July 2006 - driveway to existing home, two greenhouses partially located within development rights easement area DESCRIPTION LAND The subject consists of a parcel of land having a total area of 13.2+ acres. It should be noted that the subject is part of a larger parcel of land containing 16.707_+ acres. We have been instructed to exclude 3.5_+ acres at the property's northeasterly border containing the subject's improvements, however, we have not been provided a survey showing this area (we have been provided a concept plan showing its general location). The following description describes the entire property of which the subject is a portion: It is generally rectangular in shape with 50' of frontage on Sound View Avenue. It has a northerly line of 364+', an easterly lot line of 2,016_+', a southerly line of 376_+', and a westerly line of 1,957_+'. The subject portion will have more of a flag shape, but will retain a rectangular overall shape. It is presumed to retain sufficient road access to allow development to its maximum yield. The subject property has an overall generally level topography and is mostly cleared and in use as farmland. Utilities (Electric and telephone) are available along Sound View Avenue. Sound View Avenue is a two way, two lane, publicly maintained macadam paved roadway. It should be noted that Sound View Avenue ends at the westerly border of the subject and that there is a 50' right of way easement running across the northerly edge of the subject intended for future continuation of the road. The easement currently provides access to lands to the northeast of the subject. The owner of the subject property made an Irrevocable Offer of Dedication of this portion of the land to the Town of Southold. This was a condition of development required when the subject lot was originally created (part of a subdivision circa 1984). GIVEN OESCRIPTION LAND (CONTINUED) Land use surrounding the subject is primarily vacant and improved residential properties. The above dimensions have all been approximated from the Suffolk County tax map and a survey of the property. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of. 2. IMPROVEMENTS There are some greenhouses located at or near the northerly border of the subject. They are not felt to contribute significant value to the subject and were excluded from value estimates. The property is appraised as vacant land. B. PRESENT USE AND OCCUPANCY The subject is presently in use as farmland (nursery plants) and is essentially vacant. 19 GIVEN A P P R A I S A L R E Q U E S T S LAND PRESERVATION COMMITTEE MEETING TUESDAY~ JULY 23~ 2002 AT 7:30 P.M. MINUTES Present were: Ray Blum, Ray Huntington, Bill Edwards, Reed Jarvis, Melissa Spiro, Tim Caufield, Tom Wickham, Gary Taylor, Charles Cuddy and Carrie Cullen and Brian from the Traveler Watchman.. At 9:20 the Committee reviewed the Randy & Angela Shur application (94-3- 1.6). This property is located at 4050 Soundview Avenue, Mattituck. It is approximately 16.7 acres. An appraisal will be done on this. Melissa will contact Pat Given. LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, September 6, 2005 Members Present: Members Absent: Also present: Ray Blum, Chairman Craig Arm Ray Huntington Fred Lee John Sepenoski (7:12 p.m.) MichelleZaloom, Eric Keil Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bill Edwards, Town Board Liaison Tim Caufield, Peconic Land Trust Vice President (7:18 p.m.) ADDITIONS TO AGENDA: Inquiries: · SHUR PROPERTY SCTM #: 1000-94-3-1.6 Location: 4050 Soundview Avenue, Mattituck Total Acreage: 16.71 acres (GIS 17.11 acres) Zoned: A-C & R-60 FVVet: 0 MWet: 0 CPF: Yes Presentation by Tim Caufield, Vice President of Peconic Land Trust. Tim Caufield explained that property is for sale and there may be an opportunity to preserve farmland. Peconic Land Trust is trying to be proactive in regard to preservation, and suggested the LPC commission an appraisal (or appraisal update) so as to gather more accurate value information should preservation opportunity arise. MOTION made by Ray Huntington, seconded by John Sepenoski, to direct Melissa Spiro to commission an appraisal, or request and updated appraisal, on the Shur property. Motion carried 5/0. P R 0 P E R T Y V I S U A L S I I I I I I I I I 1 I I I Facing Subject From Sound View Avenue Facing Westerly Along Sound View Avenue gGIVF, N 58 I ! I I I I I I ! I I I I Views of' Subject Preper~y F;~cing Southerlly ~GIVEN ~v ! I I ! I I I ! ! I I ! ~GIVEN I I I I I I I I I I ! I I View of Subject - Facing Southerly Showing Excluded Area With Residence ~G~VEN I I I I I I I I I I I 1~ Title: Subject Sketch Scale: 1 inch = 250 feet I File: 2002234 - Shur.des Date: 08-13-2002 ~.GIVEN ® ® Z .... Z' ______~ L J~ zz. cT~ OREGON EA$~ 9 11952 AIRPORT Location Map'] 7O ! I I I I I I R--BO R~-80 Zoning MapI ?! E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment 4050 Sound View Avenue 1.0 SUMMARY The subject property has been inspected and reviewed independently by ~elson, Pope & Voorhis, LLC in order determine if potential enviromnental or public health concerns are present. This report is intended to identify Recognized Enviromnental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase 1 Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The overall properly is comprised of 17.5 acres; however, this report addresses approximately 13.22 acres of the property. The subject property is located at the terminus of Sound View Avenue. The property is more particularly described as Suftblk County Tax Map # 1000-94-3- p/o 1.6. The subject property is currently farmed. A portion of the property is planted with ornamental trees, flowers, cabbage and broccoli. The majority of the property contains recently tilled soils. The northeast corner of the property contains what appeared to be two (2) greenhouse structures that are in various stages of being dismantled. Several pieces of farm equipment and pipes were observed in this area. Additionally, this area contained high grasses and it appears that the area has not been utilized recently. A small area of burnt cans and plastic was observed along the western property boundary. A small, rested drum containing burnt cans and hangers was observed in proximity to the other burnt material. An irrigation well and associated pump engine and 550 gallon above ground storage tank was observed at the southwest corner of the property. The engine was being worked on at the time of the inspection. A faint petroleum odor was detected in the general area of the pump engine. The pump engine rested on two (2) railroad ties while the tank rested on a metal grid. Small stains were observed on the sides of the pump engine and one of the railroad ties. No stains or stressed vegetation were noted around the area. Plastic buckets and crates and metal pipes were noted in the area. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1957, 1966, 1976, 1980, 1994, 1999, 2001 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The area of the subject property consisted of farmland and vacant land along the shore line in the 1938 aerial photograph. The subject property was fanned in the 1957 to 1980 aerial photographs. Farming appears to have ceased prior to the 1994 aerial photograph. 4050 Sound View Avenue, Mattituck Phase l ESA An extensive government records search found no potential sources of environmental degradation on the subject property. No State or County documented regulated sites were noted in the vicinity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The site is typical of an agricultural use and there was no evidence of reportable release or anything other than typical farm practice. Evidence of a de minimus condition associated with minor staining on the pump engine is typical of farm practice and does not appear to represent a material risk or harm to the public health or environment and does not appear as a condition which would be subject to an enforcement action. As a result the following recommendations are provided: If the irrigation well is not in use, or if further confirmation is required, the 550 above ground storage tank and pump engine should be removed and properly disposed of. Once removed, the area beneath the tank and pump engine should be inspected to determine if prior release has occurred. Ifa reportable quantity of petroleum product is observed the NYSDEC Spill Hotline should be contacted to report a spill. 2. It is recommended that if the property is to be used for residential purposes in the future, the soil should be analyzed for pesticides and heavy metals. Page 2 of 23 portion of Vie View east to adjacent property View View norfl~ along western proper~y Debris observed cl0se to western property Debris observed Close m western property boundatw View c FIGURE 1 4,050 Sound View Avenue, Mattit:uck Phase I ESA LOCATION MAP I I ! I I I I I Source: DeLorme Street Atlas Scale: NOT to Scale ~'ITE NORTIt + FIGURE 3 4050 Sound View Avenue, bla~tuck Phase I ESA LAND USE MAP Source: NYSGIS Orthoimage~2~ Program, 2004 Scale: 1"=800' NORTH + I FIGU~ 4 4050 Sound View Avenue, Mat~ituck Phase ! ESA ZONING MAP I ! ! ! I I ! I Source: Town of Souihold Zoning Map Scale: 1" = 800' I I I I I FIGURE 5 SOILS MAP Source: Suffolk County Soil Survey Scale: 1" -- 800' NORTH + FIGURE 6 4050 ~aund View Avenue, Matfituck Phase ! ESA I I I TOPOGRAPHIC MAP I ! i I I I Source: USGS Topographic Quadrangle, Mattituck Hills Scale: 1" = 800' NORTH + I i i I I ! I I I I I I FIGURE 7 WATER TABLE MAP S91814 ~8520 Source: USGS Water Resources Investigation Report, 2001 4050 Sound View Avenue, Mattituck Phase I ESA I I Scale: Not to Scale NORTH + WATERMAIN MAP Source: SCWA Distribution Map Scale: Not to Scale ~'~x, MA TTITUdK NORTH + FIGURE 9 4050 Sound View Aveuue, Mattituck Phase I ESA FRESHWATER WETLANDS MAP ! ! ! 1 MH'I TIDAL Source: NYSDEC Freshwater Wetlands Map, Mattituck Hills Scale: 1" = 800' Y NORFH + 405;0 Sound View Avenue, Mat~itnck Phase I ESA FLOOD ~P Source: FEMA Flood Map Scale: I" = 800' NORTH + · , t Toxics. u,,~'"ar-e*~n" I Mile Radius Map 4050 Soundview Avenue Southold, NY 11952 Suffolk County NPI_, CERCLIS, NYSDEC Inactive Hazardous Waste Disposal Registry or Registry Quaiitying Site RCRA Corrective Hazardous WasteTreater, ~1 Action Facility Storer, Disposer Solid Waste Hazardous Substance ~ Facility Waste Disposal Site Major 0il (~ ~iri~ewnfields Storage Facility Minor Roads ~ Waterbody 8order Radius Radius 4050 SoundviewAvenue /I 1/2 0 1/16 1/8 Distance in Miles / / / /' /' /' / 1/4 1/2 Toxics Targeting 1/2 Mile Radius Map 4050 Soundview Avenue Southold, NY 11952 N Minor Roads ~ Waterhody Toxics Targeting 1/4 Mile Radius Map 4050 Soundview Avenue Southold, NY 11952 · 4050 Soundview Avenue Suffolk County Chemical Storage Facility Petroleum Sulk Storage Facility Roads Major Expressways ~ Waterbody · 4050 Soundview Avenue Toxics Targeting 1/4 Mile Closeup Map 4050 Soundview Avenue Southold, NY 11952 N F~ NPL CERCLfS, N¥SDEC Inactive Hazardous Waste ~ Storage FacJlity ~ Brownfields Major -- -- County Roads Border ~ " ' 1 Mile Search Radius °* 1/2 Mile Search Radius 1/4 0 1/8 Distance in Miles '" 114 Mile Search Radius P U B L I C H E A R I N G Town of Southold - Letter Board Meeting of July 11, 2006 RESOLUTION 2006-600 ADOPTED Item # 24 DOC ID: 2004 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-600 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 11, 2006: RESOLVED that pursuant to the provisions of Chapter 70 f/k/a Chapter 25 (Agricultural Lands) and Chapter 17 f/k/a Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 25~ 2006~ at 5:00 p.m.~ Southoid 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 a portion of the property owned by Randy Scott Shut and Angela Shut. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York. The property is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on approximately 13 to 15 acres on the + 17 acre parcel. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $58,000.00 (fifty-eight 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. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Generated July 12, 2006 Page 30 Town of Southold - Letter Board Meeting of July 11, 2006 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, ICrupski Jr. SOUTHOLD TOWN BOARD PUBLIC HEARING July 25, 2006 5:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 70 f/k/a Chapter 25 (Agricultural Lands) and Chapter 17 f/k/a Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board o£the Town of Southold hereby sets Tnesda¥~ July 25~ 2006~ at 5:00 p.m. Southold Town Halk 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Randy Scott Shut and Angela Shut. Said property is identified as part of SCTM//1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York. The property is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development fights easement on approximately 13 to 15 acres on the 4-17 acre parcel. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $58,000.00 (fifty-eight thousand dollars) per buildable acre. The property is listed on the To~vn's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a notice in the file that this has appeared as a legal on the Town Clerk's bulletin board outside. It has also appeared as a legal in our local newspaper and I don't have any further documents on this proposal. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board regarding this acquisition? Tim Caulfield. TIM CAULFIELD: Good afternoon, my name is Tim Caulfield. I am with Peconic Land Trust and we are here in support of this acquisition on behalf of the Town. Melissa Spiro, the Town's Land Preservation Coordinator is away on vacation this week, so she asked me to be here to just provide a little bit of information and if there were any questions. I think she has left a map here which I can, if you give me a minute, just pull out. JOAN EGAN: Turn it around so everybody can see it. MR. CAULFIELD: Well, I will describe where it is located. This is, actually the final survey turned out to be about 13.2 acres of land. It is located in the westerly section of the Oregon Road farm belt. It is all prime agricultural soils, a beautiful farm. It is 100 % preservation that is being proposed. About half nursery stock right now and half row crops and as I said, again, it is about, it is going to be 100% preserved. It is immediately adjacent to other properties that the Land Preservation Committee has been working on and the Land Trust has been ~vorking with the Committee and with the land owners to provide a nice public, private conservation project here. The owners of the property are Randy and Angela Shur, they have been terrific to work with. They have been members of the community for many years. They have owned a business and owned this farm for many years and they have decided that they are going to move to North Carolina, they have purchased a farm in North Carolina and plan to set up a nursery and orchard in that area. They wanted to sell the property but respectful of the way they owned it and hoped that they could find a way to preserve it as they were selling it. They do need to sell the entire farm, so we are working with the Land Trust and the Town and we hope to do a simultaneous closing, where the Town buys all the development rights. The Land Trust will pumhase the fee as we have done in a number of other projects working with the Town. We will be using the Peter J. Sharp fund, which is a revolving fund that we have set up specifically for the purpose of acquiring properties where the lando~vner needs to sell the entire farm and our purpose will be to get that farm back into production. The Committee, I know, is very excited about this project. The Land Trust is very excited about the project. It is not adjacent to immediately preserved land but it is in an area where we hope to create kind of the beginning of a nice assemblage. So we want to lend our support to this project and are pleased that it is up for acquisition. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this acquisition? COUNCILMAN KRUPSKI: As the Town Board liaison to the Land Preservation Committee, ! would just encourage the Town Board to approve this. SUPERVISOR RUSSELL: I want to thank Tim Caulfield and your group for all the ~vork you did. I knoxv this was an issue that, an acquisition that had a lot of little aspects to it that had to be worked out. Thank you for all your hard work. Can I get a motion to close? Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 70 f/k/a Chapter 25 (Agricultural Lands) and Chapter 17 f/k/a Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 25~ 2006~ at 5:00 p.m.~ Southold Town H~ll~ 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Randy Scott Shur and Angela Shur. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York. The property is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on approximately 13 to 15 acres on the ± 17 acre parcel. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $58,000.00 (fifty-eight 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 aghcultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: JUNE 6, 2006 ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON JULY 20, 2006 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. S E R E S 0 L U T I 0 N Town of Southold - Letter Board Meeting of July 25, 2006 RESOLUTION 2006-635 ADOPTED Item # 19 DOC ID: 2042 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-635 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: VOtEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned Randy Scott Shut and Angela Shut, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM # 1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement of approximately 13m acres (subject to survey) on the 17:k acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and, be it further Generated July 26, 2006 Page 25 Town of Southold - Letter Board F4eeting of July 25, 2006 RESOLVED that the Town Board of.the Town of SoUthold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans 617,20 Appendix C State Environmental Quality Review SHORT ENVIRONHENTAL ASSESSMENT FORM For UNI/STED ACT'~ONS Only PART I-PRO3ECT ]INFORMATION (To be completed by Applicant OR Project) Page ! of 2 1. APPLZCANT/SPONSOR: Southold Town Board 2. PRO3ECT NAME.'--ce~ ~;c~'s~ g~c ~ '~,,.~ ~'~-~- 3, PR03ECT LOCATION: Municipality: ~)oo~ ~ ~ County: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks~ otc~ or provide map) S. ~S PROPOSED ACtiON: ~ New ~ Expansion Modification 6, DESCIL[BE PROJECT BILtEFLY: 7. AMOUNT OF ~LAND AFFECTED: INITALLY \ '~ ~ acres ULTIMATELY WILL PROPOSED ACTION COMPLY WTTN EXISTING ZONING OR OTHER EX~ST~NG LAND USE RESTR,[CITONS? ~ y ~ es No if No, desx'F/be briefly WHAT IS PRESENT LAND USE ][N VZCZNETY OF PRO3ECl~ Residential F- ( ~ ~ ~ ]omm_lcial Industrial Agriculture Park/Forest/Open space ~ Other De$£r/be : 10. DOES ACTION INVOLVE A PERMIT APPROVALr OR FUNDING~ NOW OR ULllMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LOCAL)? ~ Yes ~'~ No if yvs, bst ~gen~y(s) and pernlir/app~va/~ DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~! 12, AS RESULT OF PROPOSED ACTION WILL EXISIING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTiFy THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART IZ-ENVZRONHENTAL ASSESSHENT (To be comp eted by Agency) Page 2 of 2 A. DOES ACT/ON EXCEED ANY TYPE ! THRESHOLD IN G NYCRP~ PART 617.47 [] Yes~ No If yes coofff/nate the rev/ew process and use the rut! E4F B, W!LL ACT[ON RECEIVE COORD!NATED REVIEW AS PROVIDED FOR UNLISTED ACTLONS !N 6 flYCRR~ PART 617,67 [~ Yes [~ No Zf no, a ne~qativ~ dedarat/on may be suspended by another/nvo/~ed agency C. COULD ACT[ON RESULT !N ANY ADVERSE EFFECTS ASSIOCIATED WI-FH THE FOLLOWZNG: (Answers may be handwritten, if legible) Cl. Existing air quality, surface or groundwater quality or quantity, noise ~evels, existinc~ t~affic patterns solid wasle p~oduction or for erosion, drainage or flooding problem7 Explain briefly: dis~.~, potential C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood charader~ Exp~l~in briefly: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or tflreatened or endangered species~ Explain briefly. C4. A community's existing plans Expl~oriefly: or goals as o~dally adopted, or change in use or intensity of Use of land or other natura resources? C5, Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. L~o~g term, short term, cumulative, or otfler effects not identified n Ct-C5~ Explain briefly: C7. Other impacts (including changes in use of eithe~ quantity of type of energy)? Explain bdefiy: D. WILL THE PROIECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTER~CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yesr~' No E. IS THERE~ OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS'~ .~sig~{fl~;~nc_~e must evaluate the potential impact of the proposed action on the environmental cbaracteristlcs o~ the CEA, Check this box if you have identified one or more potentially large or significant adverse impact, which may occur, Then proceed directly to the FULL ENV[RONH[-~NAL ASSESSHEUT fiORd'1 and/or prepare a positive declaration, r~ Check this box if you have determined, based on the information and analysis above a ~d any supposing docu entation U~at the proposed a~ion WILL NOT result in any signiflca ~ adverse envirOnmen al mpac~ AND provide on attachmen~ as neces~w, the reasons supporting th~s detem~ination: Name of Loan AgenW ~ P U R C H A S E R E S 0 L U T I 0 N Town of Southold - Letter Board Meeting of .luly 25, 2006 RESOLUTION 2006-649 ADOPTED Item # 32 DOC ID: 2043 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-649 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 25, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Randy Scott Shur and Angela Shur on the 25th day of July, 2006, pursuant to the provisions of Chapter 70 (Agricultural Lands Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WltEREAS, said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue, approximately 3263 feet easterly from the intersection of Saltaire Way and Soundview Avenue in Mattituck in the in A-C zoning district; and VOtEREAS, the proposed acquisition is for a development rights easement of approximately 13± acres (subject to survey) on the 17~- acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS, the purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and Town of Southold - Letter Board IVleeting of July 25, 2006 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Randy Scott Shur and Angela Shur~ pursuant to the provisions of Chapter 17 (Communi ,ty Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-94-3-1.6. The address is 4050 Soundview Avenue, Mattituck, New York, and is located at the end of Soundview Avenue approximately 3263 feet easterly from the intersection of Saltaire Way and Soundview Avenue in Mattituck in the A-C zoning district. The development rights easement is approximately 13± acres (subject to survey) on the 17± acre parcel. The exact area of the development rights easement is subject to a Town- provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $58,000 (fifty-eight thousand dollars) per buildable acre. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Wickham, Ross, Edwards, Russell, Krupski Jr. ABSENT: Louisa P. Evans C L O S I N G S T A T E M E N T CLOSING STATEMENT RANDY SCOTT SHUR to TOWN OF SOUTHOLD Development Rights Easement- 13.2271 acres 13.2271 buildable acres @ $58,000/acre Premises: 4050 Soundview Avenue, Mattituck Total Parcel Acreage - 16.7076 acres SCTM #1000-94-3-p/o 1.6 Closing held on Friday, July 28, 2006 at 10:00 a.m., Land Preservation Department, Southold Town Hall Annex Purchase Price of $767,171.80 disbursed as follows: Payable to Randy Scott Shur Check #87208 (7/28/06) $ 767,171.80 Expenses of Closing: Appraisal & Updated Appraisal Payable to Given Associates, LLC Check #69133 (11/7/02) Payable to Given Associates, LLC Check #83625 (10/25/05) $ 1,900.00 $ 1,900.00 Survey Payable to John C. Ehlers Land Surveyor Check #87206 (7128106) $ 6,500.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #87665 (9~5~06) $ 1,300.00 Title Report Payable to Stewart Title Insurance Company Check #87209 (7~28~06) Fee Insurance Recording Easement Certified Easement $ 3,047.00 $ 250.00 $ 50.00 3,347.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #87206 (7/28/06) 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Randy Scott Shur Angela Shur Marvin Penstein, Esq. Tim Caufield Stephen Searl Susan Q. Tuths, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Seller's wife Attorney for Seller Peconic Land Trust Vice President Peconic Land Trust Attorney for Fee Title Buyer Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE 07/28/2006 214 7/28 CLOSING 087208 NO. CHECK NO. AMOUNT 87208 $767, l?i. 80 SEVEN HUNDRED SIXTY SEVEN THOUSAND ONE HUNDRED SEVENTY ONE AND 80/100 DOLLARS PAY TO THE ORDER OF RAi~DY SCOTT SHUR 4050 SOUNDVIEW AVENUE MATTITUCK NY 11952 000001~ /~VENDOR 019297 P-ANDY SCOTT SHUR ~T~T~ ¢ ACCOU~T P.O.~ ........ H3 ,8660.2.600,100 TBR649 072806 07./2R./2006 DEV RIGHTS-13.227 TOTAL R72NR 767,171.80 767,171.80 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 .GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 ® hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 August 13, 2002 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Property of Randy Scott Shur and Angela Shur, S.C.T.M. #1000-94-3-1.6 (part of) Located Southerly side of Sound View Avenue, Mattituck, NY Appraisal #2002.234 $1,900.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ......................... Use Acti 1/30/2001 1/30/2001 5/08/2001 6/19/2001 8/14/2001 9/25/2001 10/09/2001 12/04/2001 12/04/2001 12/18/2001 2/26/2002 2/26/2002 8/27/2002 11/07/2002 1/30/2001 1/30/2001 5/08/2001 6/19/2001 8/14/2001 9/25/2001 10/09/2001 12/04/2001 12/04/2001 12/18/2001 2/26/2002 2/26/2002 8/27/2002 11/07/2002 A .600. H2 .600 H3 600 A 600 H3 600 H1 600 H3 600 H2 600 H2 600 H3 600 H3 600 H3 600 H3 .600 H3 .600 X, 11/07/2002 11/07/2002 H3 .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail-~GLlaON .............. : W-11072002-470 Line: 97 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/07/2002 SDT 11/a7/02 : : Trx Amount... 1,900.00 : : Description.. APPR-RANDY/ANGELA SHUR : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 69133 SCNB : : Invoice Code. 2002234 : : VOUCHER ...... : : P.O. Code .... 09529 : : Project Code. : : Final,Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 11/07/2002 : : Date Cleared. 11/30/2002 : : F3=Exit F12=Cancel F21=Image : .GIVEN ASSOCIATES GIVEN ASSOCIATES, LLC P.O. Box 5305 · 548 Route 111 · Hauppauge, NY. 11788-0306 (631) 360-3474 FAX 360-3622 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 54375 SR 25 Southold, NY 11971 October 3, 2005 Property of Randy Shur and Angela Shur, Located Southerly side of Sound View Avenue, Mattituck, NY $.C.T.M. #1000-94-3-1.6 (part of) File #2005234 OCT 4 20O5 $1,900.00 GL108S 20 TOWN OF SOUTHOLD N 1 ** Actual Hi V~dor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ............................. Begi 4/12/2005 4/12/2005 H3 .600 4/12/2005 4/12/2005 H3 .600 4/26 4/26 4/26 5/lO 5/1o 7/05 9/13 ~ 10/25 ,. lO/25 ,, 11/10 ,, 11/lO /2005 4/26/2005 /2005 4/26/2005 /2005 4/26/2005 /2005 5/10 /2005 /2005 5/10 ~2005 /2005 7/05 '2005 /2005 9/13 '2005 /2005 10/25 '2005 ~2005 10/25/2005 '2005 11/10/2005 '2005 11/10/2005 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 H3 .600 A .600 A .600 ,, 11/10/2005 11/10/2005 A .600 ,, 12/20/2005 12/20/2005 H3 .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Dieburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10252005-079 Line: 164 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... I0/25/2005 SDT 10/24/05 : : Trx Amount... 1,900.00 : : Description.. UPDATE APPRAISAL-SHUR : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. · CHECK 83625 SCNB : Invoice Code. 2005234 : · VOUCHER : P.O. Code .... 14358 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. y : : Date Released 10/25/2005 : : Date Cleared. 10/31/2005 : : F3=Exit F12=Cancel .. SIX'THOUSAND FIVE HUNDRED AND 00, 100 DOLLARS PAY TO · THE 9RODFER JOHN C. EHLERS 6 EAST MAIN STREET RIVERHEAD NY 11901 .VENDOR 005322 JOHN C. EHLERS H3 .8660.2.600.100 15207 2006298 07/28/2006 CHNCH 87206 DESCRIPTION AMO~[T SURVEY-SHUR PROPERT 6,500.00 TOTAL 6,500.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 7/25/2006 2006298 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Your Client Randy Scott Shur Date of Service 7/25/2006 Description Current survey of approximately 17 5 acre parcel improved with dwelling and greenhouses Certified survey of area of development rights purchase SCTM# 1000-94-3-1.6 My Job # 06 206 Amount 6,000.00 500.00 Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 06209 Project: VA02168 4050 Soundview Avenue, Mattituck Manager: McGinn, Steven To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box ! 179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 4231 Invoice Dale: August 22, 2006 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,300. O0 Contract Dated July 11, 2006 Contract Item #1 Phase I ESA Work Performed thru 7/26/06 Contt act Amount: $1,300.00 Perccnl Complete: 100.00% [:cc Eauled: $1,300.00 Prior Fcc Billings: $0.00 Fee Total $1,300.00 *** Total Prqject Invoice Amount $1,300.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti 9/05/2006 9/05/:006 a3 .600 9/05/2006 9/05/2006 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Na~ne .............. Detail--GL100N .............. : W-09052006-828 Line: 227 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 9/05/2006 SDT 9/05/06 : : Trx Amount... 1,300.00 : : Description.. PHASE 1-SCHUR ESA ENVR : : Vendor Code.. 014161 : : Vendor Ns_me.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 87665 SCNB : : Invoice Code. 4231 : : VOUCHER ...... : : P.O. Code .... 15209 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/05/2006 : : Date Cleared. : : F3=Exit F12=Cancel : STEWART TITLE INSURANCE COMPANY 125 Baylts Road, ~uite 201, Melville, New York 11747 631-501-9615 fax 631-501-9623 ~EEI~SUaANCE COV~aaGE $ 7&7//~I S~ ~RE~UM s MORTGAGE TAX ~o~gagee) MORTGAGE TAX ~o~gagor) ESCROW DEPOS~ FEE E~ROW DEPOSIT ( ) ~NSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AF~A~'I'(~ ) A~SlGNMENT(~ CLOSER CHARGES, IF ANY: PICK-UP FEE OTHER: TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 7/28 CLOSING 087209 NO. DATE CHECKNO. : ~' 07/28/2006 87209 .THREE THOUSAND THREE HUNDRED FORTY SEVEN AND 00/100 DOLLARS AMouNT $3,347,00 PAYTO STEWART TITLE INSURANCE CO. · ' THE ORDER 125 BAYLIS ROAD, SUITE 201 OF MELVILLE NY 11747 ,'O8?;~oq,· ,:OSI, L, OSL, BL,,: &~, OOOOOl~ 0"' VENDOR 019624 STEWART TITLE INSURANCE CO. ,,~ F%~-?D L ACCO~.~T P. O. # I}U3OICE 07/28/2006 CHECK R7209 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 TBR649 ST-S-7365 TBR649 ST-S-7365 TBR649 ST-S-7365 TITLE POLICY-SHUR REC EASEMENT-SHUR CERT COPY-SHUR 3,047.00 250.00 50.00 TOTAL 3,347.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ONE HUNDRED A/qD 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 D~E 07/28/2006 7/28 CLOSING 087207 NO. CHECK NO &MOUNT 87207 $100.00 PAY TO THE ORDER OF PATRICIA FALLON 40 WHITE OAK LA_NE SOUTHAMPTON NY 11968 ,'O,q,?2O?"' ,:OPI, I, OSL, r=I~,: r~. 000001~ O,' VENDOR 006013 PATRICIA FALLON FT3ND r~. Agg©Ln2.~T P. O. ~ !}DXO!CE 07/28/2006 CHECK H3 .8660.2.600.100 TBR649 ST-S-7365 TITLE CLOSER-SHUR 87207 100.00 TOTAL 100,00 TOWN OF SOUTHOLD · SOUTHOLD, NY 1197%0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE TyDe of Instrument: EASEMENT/DOP Number of Pages: 15 Receil~t Number : 06-0076536 TRANSFER TAX NUMBER: 06-00845 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 094.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $767,171.80 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $9.75 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO TRANSFER TAX NUMBER: 06-00845 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 08/07/2006 05:46:22 PM D00012~63 230 Lot: 001.012 Exem~ $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $114.75 DEPT OF LAND PRESERVATION TORRENS Serial # Certificate # Prior CtL # Deed / Mortgage hlstntltlent Deed / Mortgage 'lhx Stamp Recoiding / Fildlg Stamps 31 FEES Page / Filing Fee __ /~5__ - Handling ......... :5. 00_ TP 584 Notation EA-52 12 (County) EA 5217 (State) R P. TS.A. Comln. of Ed 5. 00 Affidavit Certilied ¢'ot)% q ;)5 Sub Total NYS Smcharge ..... !~ ~ Sub Total Other G~and Total ,Sq. id 1000 09400 0300 001012 Satisfactions/Discharges/Releases List Property Owners Nlailing Add~ess RECORD & RETURN TO: 5 Mortgage Amt I Basic Tax 2 Additional Tax Sub q\~tal Spec./Assit Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appoinlment Community Preservation Fund Consideration Amount $ 707s17/$~ CPF Tax Due $ __~-x,ff.,FlP.r TD TD 11) Title Company htl'ormation Suffolk County Recording & Eudorsemeut Page Thispagefom~slm:toltheattached ~AA~TdF: ,~e¥&toPm,!~r Je/6/~:rs ~s~pw~r madeby (SPECIFY TYPE OF INS 1RUMENT) ~;~h~ ~ ~)~ The plcm~ses herein is siluated m SUFFOLK COUNTY, NEW YORK TO In the Township of In Ihe VILLAGE or IIAMLEI' of BOXES 6 TIIRIJ g MUST BE'I'YPF{I) OR PP, INTED 1N }ii ,ACK INK DNLY PRIOR TO RITC()RItlN(i O1{ FILING 7/28/06 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~c~ day of ~,c~' ,2006 at Southold, New York. The parties are RANDY SCOI-I' SHUR, 4050 Soundview Avenue, Mattituck, New York (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"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located at 4050 Soundview Avenue, Mattituck in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-94-3-1.6, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinatter referred to as the "Property"; and as shown on the survey dated June 30, 2006 and last dated July 24, 2006 (see lower right hand corner) 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; and WHEREAS, the Property contains soil classified as Class ! and Class I! 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 Properly is part of the New York State Agricultural District #I, and the Grantor wishes to continue using the Property in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as a nursery and row crop farm; 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, open and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since 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 Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an 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 Seven Hundred and Sixty-Seven Thousand One Hundred and Seventy-One Dollars and 80/100 ($767,171.80) 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; 0.0]- 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 and has 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 Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of 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 Recoqnition 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 .June 30, 2006 and last dated July 24, 2006 prepared by John C. Ehlers and an Environmental Site Assessment dated July 24, 2006 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 the "Agricultural Lands" Chapter (currently Chapter 70) of the Town Code of the Town of Southold and as provided in this easement. 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 TWO 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 PROHIBit-ED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Properb/: 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 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; Mininq 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 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. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agricultural production. All resulting parcels must be at least 7 acres of preserved land. 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 Siqns 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 dryweils, 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. 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. No improvements or activity inconsistent with current or future agricultural production shall 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. 3.09 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 in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct new structures and to maintain and replace pre-existing structures, if any 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 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York State, or federal law. 4.04 Landscapinq 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 Aqricuitural 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. Notwithstanding the definition of agricultural production in the "Agricultural Lands" Chapter of the Town Code (currently Chapter 70), structures shall be prohibited except as set forth in Section 4.06. 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 Southold 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, provided such structures are used for agricultural production; (iii) Renovation, maintenance and repair of existing structures which require a building permit, provided the purpose of the structure remains agricultural production. (iv) Maintenance, repair and/or relocation of existing stone driveway at northwesterly end of the Property providing ingress and egress to the residence located at the northeasterly end of the Property. (v) Creation, maintenance and repair of an unpaved or gravel farm road for ingress and egress to the Property, said road to be located at the northwesterly end of the Property. B. Restrictions on Location of New Structures. No new construction shall be permitted within the "scenic no structure area" shown on survey dated .lune 30, 2006 and last dated July 24, 2006 prepared by John C. Ehlers and included in the attached Schedule "A" and separately described as the "Scenic no structure area". C. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, to the maximum extent practicable and otherwise be consistent with the Purpose of this Easement. D. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienabili~ 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 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 FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. 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 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Grounds Maintenance Grantor may remove or restore trees, shrubs or other vegetation when dead, diseased, decayed or damaged, and thin and prune trees. 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. 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 Properby resulting from such causes. 6.03 Enforcement Riqhts 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, 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 all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. 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. Hailed 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. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTTCLE 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 Extin(]uishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Tf at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN H~SCELLANEOUS 7.01 Entire Understandinq 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. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with all applicable law and 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 ].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 applicable provisions 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 Southold. 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. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds 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 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the propetty 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 HeadinClS The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 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 72.5 per cent. 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). IN WITNESS 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: ,~/gCOTT SHUR ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU~IOLD, Grantee SCOTT A. RUSSELL, Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this~ day of ~/x~/ in the year 2006 before me, the undersigned, personally appeared ~4~g,/SC',~T3"/,'~'~, 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. Notary Public STATE OF NEWYORK ) Commission Expires Aplil 24, o2~'7 COUNTY OF SUFFOLK ) SS: On this ~J' day of CT~y in the year 2006 before me, the undersigned, personally appeared ~'~ ,4. ~.~-~- , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L, FALLON Notary Public State Of New York Commi.~sion Expires April 24, ~ C:\My Documents\Anne\Town of Southold Deeds of Development Rights\ShurEasement72706.doc Stewart Title Insurance Company Title No: ST-$-7365 Pollcy No.: O-8831-369143 Schedule A Description (AMENDED 7/26/06) TOWN OF SOUTHOLD PARCEL DEVELOPMENT RIGHTS ONLY. ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected situate, lying and being at Mattituck, Town et~ Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at the Southeast comer of Soundview Avenue and from said point ofbeginn ~g; RUNNING THENCE along thc Soutbcrly side of a right of way North 49 degrccs 52 minutes 20 seconds East 36.09 feet to other lands of the grm~tor; THENCE along said land: 1) South 26 degrees 02 minutes I0 seconds East 180,64 feet; 2. South 25 degrees 48 minutes 00 seconds East 200.40 feet; 3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or formerly Jorg Meager THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly Jorg Meager 1530.85 feet to lands now or formerly Allan Arrieta; THENCE along said lands now or formerly Allan Arrieta South 63 degrees 25 minutes 10 seconds West 375.73 to lands now or formerly Robert G. Rowehl; THENCE Northwesterly along said lands now or formerly Robert G. Rowchl; 1) North 25 degrees 40 minutes 00 sccouds West 403.20 feet; 2) North 25 degrees 27 minutes 00 seconds West 824.65 feet; 3) North 25 degrees 48 minutes 00 seconds West 506.27 feet; 4) North 26 degrees 02 minutes 10 seconds West 171.78 feet to the Southerly side of a right of way, to the point or place of BEGINNING. Together with a right of way over premises irrevocably offered for dedication in Liber 11749 Page 723 to and from Soundview Avenue. Included in thc above described premises is a "Scenic no s~'ucture area" more particularly bounded and described as follows: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck Town of Southold, County of Suffolk and State of New York, hounded and described as follows: BEGINNING at the Northwest comer of premises described herein located the following 3 courses and distances from a monument at the Southeast comer of Soundview Avenue: 1. Along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 t~et to other lands of the grantor; 2) South 26 degrees 02 minutes 10 seconds East 180.64 feet; 3) South 25 degrees 48 minutes 00 seconds East 200.40 feet and from said true point or place of BEGINNING. 4) North 63 degrees 49 minutes l0 seconds East 324,56 feet to lands now or formerly Jorg Menger; THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly Jorg Menger 150.00 feet; THENCE South 63 degrees 49 minutes 10 seconds West 325,56 feet; THENCE North 25 degrees 48 minutes 00 seconds West 150,00 feet to the point or place of BEGINNING. TOGETHER with all righl, title and interest of file party of the first part, in and to the land lying in d:e street in front of and adjoining said premises, T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceedii]g the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. 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 insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. S V E%~'ART TITLE® Countersigned by: // Secretary 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 reasoa of: 1. Co) Any law, ordinance or govemmeetal regulation (including bul not limited to building and zoning laws, oldinances, or regulalions) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the [and; (ii) the diarocter, dimensions or location of any improvement now al hereafter erected on the land; (iii) a separation in ownership or o change in the dimensions or area of the land or (]ny parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation o[ these laws, ordinances or governmental regulations, except 1o the exlent that a notice of ti~e enforcement thereof or a notice of a defect, [ion al encumbrance resulting heal a violation or alleged violation affecting the JaM bas been recolded in tile public records at Date of Policy Cb) Any governmental police power not excluded by Ca) above, except to the exlent that a notice of the exercise thereof or a notice of a defect, lien or encmT~blance resulting flom a violation or alleged violation affecting the land has been recorded in the public recolds at Date of Policy. 2 Rights of eminent domain unless notice ohhe exmcise thereof has been mcolded in the public records at Date of Policy, hul not excluding from coverage aoy taking which has occurred prior to Date of Policy which would he binding on the rights of o purchaser for value without knowledge 3. Defeds, liens, encufobrances, adverse cJoJms of other manors: Ca) created, suffered, assumed or agleed to by the insured claimant; Cb) not known to lhe Company, hal iecorded in the public records at Date of Policy, bul known to the insured claimant and not disclosed in writing to the Company by the insured claimant priol to the date the insured daia/aot became an insured under this policy; Cc) resulting in no loss al damage to the insured claimant; Cd) aHaching or created subsequent to Date of Policy; or Ce) resulting in loss or damage which would not have been sustaioed ifthe glsured claimant bad paid value for the estate or interest insured by this poJky. 4. Any claim which arises out of lhe Jransadion vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankluptcy, stole insolvency, or similar creditors' lighls laws, that is based on: rlnot..iceto_a_u(a) the transaction cmaDog tile estate or interest insured by this policy being deemed a floudulent conveyance or frauduleat tra nsf er; or Cb) the transaction creating the estate or interesl iasumd by this policy befog deemed a preferential transfer except whale the prefelenlial traosfer Iesults from the failure: (i) to timely record the instrunlent of tra nsfel; al rchasel for value or a judgment or lien cleditor se,,;Y.o 0 8831 36914 NY-001 (10-17 92) Phone: Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 (63D 501-9615 Fax: (63D 501-9623 Date: July 26, 2006 Title No: ST-S-7365 Melanie Doros]~5 Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Borrower/Current Owner: Premises: Reference: Town of Southold 4050 Soundview Avenue Mattituck, New York 11952 In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY SCHEDULE A Title No.: ST-S-7365 Date of Policy: July 28, 2006 Policy No.: O-8831-369143 Amount of Insurance: $767,171.80 1. Name of Insured: Town of Southold County: Suflblk 2. The estate or interest in the land described herein and which is covered by this policy is: Development Rights Easement 3. Title to the estate or interest in the land is vested in: Town of Southold, who acquired Development Rights Easement by virtue of a deed from Randy Scott Shur, by deed dated 7/28/2006 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 094.00 Block: 03.00 Lot: 001.006, 4612 (7/93) Page 2 S T E W A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company Title No: ST-S-7365 Schedule A Description (AMENDED 7/26/06) TOWN OF SOUTHOLD PARCEL DEVELOPMENT RIGHTS ONLY. ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, sit~ate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument at the Southeast comer of Soundview Avenue and fi'om said point of beginning; RUNNING THENCE along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 feet to other lands of the grantor; THENCE along said land: 1) South 26 degrees 02 minutes 10 seconds East 180.64 feet; 2. South 25 degrees 48 minutes 00 seconds East 200.40 feet; 3) North 63 degrees 49 minutes 10 seconds East 324.56 feet to lands now or fbrmerly Jorg Menger; THENCE South 26 degrees 10 minutes 50 seconds East along said lands now or formerly Jorg Menger 1530.85 feet to lands now or formerly Allan A~Tieta; THENCE along said lands now or formerly Allan Arrieta South 63 degrees 25 minutes 10 seconds West 375.73 to lands now or formerly Robert G. Roweh[; THENCE Northwesterly along said lands nmv or forlnerly Robert G. Rowehl; 1) Nm~th 25 degrees 40 minutes 00 seconds West 403.20 feet; 2) North 25 degrees 27 minutes 00 seconds West 824.65 fcct~ 3) North 25 degrees 48 minutes 00 seconds West 506.27 feet; 4) North 26 degrees 02 minutes 10 seconds West 171.78 feet to the Southerly side of a right of way, to the point or place of BEGINNING. Together with a right of way over premises irrevocably offered for dedication in Liber 11749 Page 723 to and from Soundview Avenue. Included in the above described premises is a "Scenic no structure area" more particnlarly bounded and described as follows: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Mattituck, Toxvn of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the Northwest corner of premises described herein located the following 3 courses and distances from a monument at the Southeast corner of Soundview Avenue: 1. Along the Southerly side of a right of way North 49 degrees 52 minutes 20 seconds East 36.09 feet to other lands of the grantor; 2) South 26 degrees 02 minutes I0 seconds East 180.64 feet; 3) South 25 degrees 48 minutes 00 seconds East 200.40 feet and frolll said tree point or place of BEGINNING. 4) North 63 degrees 49 minutes I0 seconds East 324.56 feet to lands now or formerly Jorg Menger; THENCE South 26 degrees 10 mintues 50 seconds East along said lands now or formerly Jorg Menger 150.00 feet; THENCE South 63 degrees 49 minutes 10 seconds West 325.56 feet; THENCE No~th 25 degrees 48 minutes 00 seconds West 150.00 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. ALTA OWNER'S POLICY Title No.: ST-S-7365 SCHEDULE B Policy No O-8831-369143 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of.' 1. Rights of tenant(s) or person(s) in possession, if any. 2. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any. 3. Survey made by John C. Ehlers dated 6/30/06 covers premises and more reading as to subject premises shows (scenic "no structure" area) and 50 foot conservation buffer area "to remain undisturbed and in its natural state" along Northwesterly part of premises; stone driveway in use by premises adjacent East; greenhouse from said premises encroaches onto "scenic no structure area" of subject premises. 4. Policy will except the terms and conditions of the Grant of Development rights easement to be executed by the grantor(s) and the Town of Southold. 5. Declaration recorded in Liber 9579 Page 211. 6. Declaration of covenants and restrictions recorded in Liber 11819 Page 500. 7. Electric Easement as set forth in Liber 9847 at Page 117. 8. Offer of dedication recorded in Liber 11749 Page 723. 9. Company insures that premises insured herein conforms to the Boundary Line Agreement in Liber 6712 Page 168 at the common boundary (West line of subject premises). 10. Right of way scenic area and fifty (50) foot conservation buffer as shown on survey herein. 11. Reservation and right of way as set forth in Liber 9595 Page 100. 12. Covenants, Restrictions, Reservation and Right of Way in Liber 11749 Page 722 (contained in last deed of record. 13. Company excepts right of others over stone driveway which traverses Northwest portion of premises, as shown on survey herein. 4613 (2/93 Page 3 S T E W A R T T I T L I= INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: ST-S-7365 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-369143 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein 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 validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on July 28, 2006 Stewart Title Insurance Company ,~d by~j~ ~// Au'~orizefl Office or'gent Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART INSURANCE i lOS~ TITLE COMPANY STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) AFFIDAVIT OF TITLE (Individual) Title No.: ST-S-7374 RANDY$COTTSHUR, being duly sworn, deposes and says: Iresideat 5/D~-0 ~~ ~(-g-~,,~ }~~,, ,~ I am the owner in fee simple of premises situate at 4050 Soundview Avenue, Maltituck,"NY and the grantee described in a certain deed of said premises recorded in the Suffolk County Clerk's Office in Liber 11749 page 722. Said pretnises have been in my possession since 1995. My possession of the said premises has been peaceable and undisturbed, and the title thereto has never been disputed, questioned or rejected, nor insurance thereof refused, as far as I know. I know of no facts by reason of which said possession or title might be called in question, or by reason of which any claim to any part of said premises or any interest therein adverse to me might be set up. There are no federal tax claims or liens assessed or filed against me. There are no judgments against me unpaid or unsatisfied of record entered in any court of this state, or of file United States, and said premises are, as far as I know, free from all leases, mortgages, taxes, assessments, water charges, sewer rents and other liens and encumbrances. There are no judgmenta against the insured or estates, interest, defects, objections, liens or encurnbranees created, suffered, assumed or agreed to by the insured, of which the insured has or had prior knowledge but did not disclose to the insurer. There are no outstandnig maintenance charges and/or homeowner's association assessments. There are no rigbts of tenanls and/or persons in possession. The premises being conveyed pursuant to the Scenic No Structure Area includes a portion of a greetd~ouse and a portion of a stone driveway in use by promises adjacent to the east. I am the individual entitled to [he real properly tax exemption(s) and it/they has/have not been cancelled or modified. No proceedings in bankruptcy have ever been instituted by or against me in any court or before any officer of any state, or of the United States, nor have 1 at any time made an assignment for the benefit of creditors, nor an assigmnent, now in effect, of the rents of said premises or any part thereof. [ am a citizen of the United States, and am tnore tim 18 years old. I have not been known by any other name during die past ten year, except There are no actions pending affecting said premises. Thai no repairs, 'alterations or improvements have been made to said premises which have not been completed mom than four months prior to the date hereof. There are no facts known to me relaling to the title to said premises which have not been set forth in fids affidavit. Tlfis uff~davit is made to induce STEWART TITLE INSURANCE COMPANY to issue its policy of title insurance numbered above covering said premises knowing that they will rel..y~on the statements herein made. ~ {/'/,~ C/~ __ Sworn to before me this 28th day of July, 2006. Notary Public PATRICIA L. FALLON No[ary Public, St~',te Of New York hlo. 01F,,*,,~3501 ~6 Corem 3sion izxNi~8 Apdi 24, 0,¢~7~'~? CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The [allowing terms when used in this policy mean: Ca) "insured": the insured named in Schedule A, and, subied to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished [rom purchase including, hut not limited to, heirs, distributees, devisees, survivors, pelsenal replesentutJves, next of kin, or cmporate or fiduciary successors Ch) 'gnsumd claimant": an insured claiming loss or damage. Cc) "knowledge" al "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by mason of the public records as defined in this policy or any ethel recmds which impart constructive notice of mailers affecting the land. Cd) "land": the land described or re[erred to in Schedule A, and implovements affixed thereto which by Iow constitute real properh/. The term "land" does not include any property beyond the lines of lhe area described or refelmd to Jn Schedule A, nor any right, title, interest, estate or easement in abutting streets, rouds, avenues, alleys, lanes, ways of waterways, but nothing herein shall modif~ or limit the extent to which a Iight of access to and [rom the land is insured by this policy. Ce) "mortgage": modgage, deed of trust, trust deed, or other security instrument. (0 "public records": records established under state statutes at Date of Polky for purpose of impeding constructive notice of mailers relating to mai properly to pumhasers for value and without knowledge. With respect to Section l(a)(iv) of the Exclusions From Coverage, "public records" shnll also include environmental protedion liens filed in the records of the clerk of the United Stoles dJstricl court for the district in which the land is located (g) "unmarketability of the title": on alleged or apparent matter affecting the title to the land, not excladed or excepted [rom covelage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by viltue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in folce as of Date of Policy in favor of on insured ooly so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by o purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenaets of warlanly made by the insured Jn any transfer or conveyaace of the estate or interest. This policy shall not continue in force in favor of any purchasel [rom the insured of either (i) an estate or interest in the load, or (ii) an indebtedness secured by a purchase inoney mortgage given to the insered 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED Cl)dMANT. Fha insured shall nariS/the Company promptly Jn writing (i) in case of any litigation os set ferth in Section 4Co) below, Cji) in case kaowledge shall come to an insured hereunder of any claim of title or Jnlnrest which is adverse to the title to the estate or interest, as insured, and which might cause loss al damage for which the Company may be liable by virtue of this policy, m (ii[) if tide to the estate or telecast, as insmed, is rejected as unmarketable. If prompt notice shall not he given to the Company, then as to the insured all liabilih/of the Company shall telminate with regard to the matter or mailers for which prompt notice is required; provided, however, that failure 1o notib/the Company shall in no case prejudice the rights of any insured under this policy unless the Compaay shall be prejudiced by the feiluce and then only 1o the extent of the prejudice. 4. DEFENSE AN D PROSECUI'ION OF ACTIONS; DUff' OF INSURED CLAIMANT TO COOPERATE. Ca) Upon written request by lhe insuled and suhiect to the options contained in Seclion 6 of these Conditions and Stipulations, the Company, at its own cost and withoat unreasonable delay, shall plovide for the defense of an insured in litigution in which any third party asserts a claim adverse to U/e Ulle or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other mattm insured against by this policy The Compmry shall have the right to select counsel of its own choice (subject to the right of the insemd to abject for InasonahJe cause) to repleseol the insured as to those stated causes of uctJon and shall noJ be liable for and will not pay lhe fees of any other counsel. The Coalpeny wiJJ riot pay aay fees, costs or expenses incurred by the insured in the defense of these causes of acfioo which allege matters not glsumd against by this policy Ch) ghe Company shall have the right, at its own cost, 1o institute and prosecute any action or proceeding or to do ally oilier act which in its opioion may be necessary or desirable to nsfohlish the tgfe to the estate al inlemst, as insured, or to prevent or reduce loss or damage to the inserod The Compmry o/ay take aoy appropriate adiqn under the terms of this policy, whelhel or not it shall he liable hereunder, and shall not thereby concede liability or waive oily provision of d/is policy If tile CmTipony sbaII o×ercise it dghls unde~ this paragraph, it shall do so diligmttly. Cc) Whenever the Company shall have brought an adion or interposed a defense as required or permiHed by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, Io appeal from any adverse judgment or ordel. Cd) In all cases where this policy permits or requires the Company to prosecute m provide for the defense of any adieu or proceeding, the insured shall secure to the Compon~ the right to so prosecute al provide defense in the action al proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in aay action or proceeding, securing evidence, obtaining witnesses, prosecuting al defending the action or plocneding, al efJectiog settlement, and (JJ) in any other lawful act which in the opinion of the Company may be necessary or desirable to estabbsh the title to the estate or interest as insured if Company is prejudiced by the failure of the insured to furnish lhe required coopelatJon, the Company's obligations to the insured under the policy shall lelr~inate, including any liability or obligation to defend, plosecute, or continue any litigat[mg with regard to the matter mailers requiring such cooperation. 5. PROOF 01: LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and swmn to by the insured claimant shall he furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the dated in, or ben or encumbrance on the title, or ethel matter insured against by Ibis policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage If lhe Company is prejudiced by the failure of the insured claimant to provide the required proof loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability al obligation to defend, prosecute, or continue aay litigation, wgh repaid to the matter or maHem requiting such proof of loss or damage. in addition, the insured claimant may reasonably he required to submit ~o examination under oath by any authorized repmsentative of the Company and shall produce fei examination, Jaspection and copy[ag, at such reasonable times and places as may he designated by any authorized representative of the Company, all records, books, ledgers, checks, colrespondence and memoranda, whether hearing a dote be[om or after Date Policy, which reasonably pertain to the loss or damage Further, if requested by any aothodzed representaUve of the Company, the insured cloJmmtt shall granJ ils permission, in writing, for any authorized representative of the Company to examine, iespect and copy all records, books, ledgers, checks, correspondence and memoranda in the cuslody al control of a lhird party, whkh reasonably pertain to the loss or damage. All informatioo deYgoated as confidential by the insured claimant plovided to the Company pursuant to this Section shall eel he disclosed to others unless, in the reasonable judgment of lhe Company, il Js necessary in the administration of the claim. Failure of the insured claimant to snbmg for examination under oath, produce other reasooahly requested termination al grant permission to secure reasonably necessary information from third patties as required in Ibis paragraph shall terminate any lie bdih/of lhe Compuny under this policy as to that claim. 6. OPTIONS 10 PAY OR OTHERWISE SETTLE CLAIMS; TERMIPlATION OF LIABIUE'. In case of a claim under tips policy, the Company shall have the following additional options: Ca) To Pay or Tender Payment of lhe Amounl of Insurance. To pay or tende~ payment of the amount of insurance under this policy together with any costs, oHomeys' fees and expmmes iocurred by the insured claimant, which were authorized by the Company, up 1o the time of payment or tender of payareol aod which tho Company is obligated to pay Upon the exercise by the Company of this option, all liability nnd obligations to the insured under this policy, other than to make the payment requ]Iod, shah terminate, including any liability or obligation to defend, prosecute, al continue any litigation, and the policy shall be surrendered to the Compaay for cancellation. Cb) To Pay or Otherwise Settle With Parties Other thaa the Insured or With the Insured Claimant. (i) to pay or olherwJse settle with other parties for or in the name of aa insured claimant any claim insured age[asl urlder this policy, together with ally costs, attorneys' fees and expenses incurred by the insured claimant which were autholized by tile Company ap the time of paymenl mid which lhe Cmapany iS ohbgated to pay; or (ii) to pay or othelwise seltle with tire insured cJainlant U/e ross or danlage provided for uodor dlis policy, together wgh any costs, artornnys' fees mid expenses incurred h;/the insured claimanl which were authorized by Jhe Company up to lhe time af payrrlertt aod which the Company is o' ~d to pay L, urJuIIIUrt;~/~I'JU OlIFUL/~IIUIIO bUIIIIIlUUU ~continued and concluded Jrom reverse side of Policy Face) Upon the exercise by the Company of either of the opl,~ glovided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the daid~ed loss or damage, other than the payments reqeiled to be made, shall terminate, including any tiabilily or obligation to defend, prosecute or continue any litigation. ?. DETERMINATIOtt, EXTEl, IT OF LIABILI]'R AN B COINSU RAI'IC£. This policy is a contract of indemnity against actual monetaly loss or damage sustained or incurred by the insured claimanl who has suffered loss or damage by reason of mailers insured against by this policy and only to the extent herein described. Ca) The Babilgy ortho Company undel this policy shall not exceed the least of: (i) the Amount of Insurance stated ia Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value at the insured estale or intelest subied to the defect, lien m encumbrance insured against hy this policy. Cb) In the event the Amouat of Insurance stated in Schedule A at the Date of Policy is Iess than 80 pemenl of the value of the insured estale al intelest al lhe full considelalion paid for the estate or interest, whichever is Jess al if subseqoeal to the Bale of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percenl over lbo Amount of Insurance stated in Schedule A, lhen this Policy is subject lo the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay lbo lose pro late in the proportion that the amount of insurance at Date of Policy bears to the totcJ value of the insured estate or interest at Date of Policy; or (ii) where o subsequent implovemeat has been made, as to any partial loss, the Company shall only pay the toss pro iota in the plopodion that 120 percenl of the Amount of Insurance stated in Schedule A bears Jo the sum of the Amount of Insalance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, atiorneys' fees and expenses for which the Company is liable under this po[ky, and shall only apply to that portion of any loss which exceeds in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Cc) The Company will pay only those costs, aHomey's fees and expenses incurred in accordance with Sectiofl 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two al more parcels which are not used as o single site, and o loss is established affecting one al more of the palceJs hut eel aJJ, the loss shall be compuJed and serried on a plo rata basis as if the amount of insurance under this policy was divided pro rata as to tile value oil Date of Policy of each separale parcel to the whole, exclusive of ally improvements made subsequent to Date of Policy, unless a liabdity al value has otherwise been agreed upon es Jo each palcel by the Company and lhe insmed at the time of the issuance of this policy and shown by an express stotemeet or by an endorsement attached to this policy 9. LIMITATION OF LIABILflT. Ca) If Jhe Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a righ~ of access to or [rom the land, al cures the claim of unmarketability of tille, all as insured, ia a reasonably diligent manner by any method, including litigation and the completion of ney appeals therefrom, il shall have fully perlotmed its obligations with respect to that matim and shall eel he liable for any lose al damage caused thereby. Cb) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability fei Joss al damage until there has been a final determination by a courl of competent jurisdiction, and disposilioa of all appeals therefrom, adverse lo the title as insured. Cc) The Company shall not he liable fm Joss or damage to any insured for liabibty volur~tarily assumed by the insured in seHling any claim or suit without the puor wriHen consent of the Company 10. REDULq'ION OF INSURANCE; REDLICTION OR TERMINATION OF LIABILI'h'. All payments under this policy, except payments made for coats, attolneys' fees and expenses, shall reduce the amount of the insurance pro tecta. ]1 LIABILITY NONCUMULATIV£. it is expressly understood lhat ~he amount of insurance ondel this policy shall be leduced by any amounl tile Company may pay undel aay pohcy insuring a morlgage to which exception is taken in Schedule B or 1o which the insured has agreed, assumed, or taken subject` al which is hereaHer executed by an insured and which is a chalge ul lien on the estate or interest descgbed or referred to in Schedule A, and the amouet so paid shall be deemed a payment under this policy to tile insured owneT. 12. PAYMENTOF LOSS. Ca) No gayment shag be made without producing this policy for endorsemenl of the paymenl unless the policy has been Joel oJ destroyed, in which case proof of loss or destruction shall be furnished 1o the satisfaction of the Company Ch) When liabilily an,_ ,u extent of Joss or damage has been definitely fixed in , a~cordance with these Condilions and Stipulations, the Joss or damage shall be payable within 30 days themaffel 13 SUBROGATION UPOI'I PAYMEHTORSETrL£MEtIT. (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 unaffeLted by any act of the insured daimcnt. The Company shall be subrogated to and be entitled to ali righJs and remedies which the insured claimant would have had against any person or properh/in resped to the claim had lhis po[icy not been issued, tf requested by the Company, the insured claimant shah transfer to the Company all gghts and remedies againsl any person or properly necessary in ordel to perfect lhis right of subrogation. The insured claimant shall pecmit the Company to sue, compromise or sohio in the name of the insured claimant and to use the name of the insured claimant in any transaction or li!igation involving these rights or remedies. If a payment on accouet of a claim does not fully cover the loss of the insured claimant, the Company shall he subrogated to these rights and remedies in the proportion which the Company's payment bears te the whole amount of the loss. If loss should result from any acl of the insured claimant` as stated above, thal act shall not void this policy, bul the Company, in thai event, shall be required to pay only thal part of any losses insaled against by this policy which shall exceed the amount, if any, lost to the Company by mason of the impairment by the insured claimant of the Company's right of suhlogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non insuled obligors shatl exist ond shall include, witbout limitation, the rights of the insured to indemnities, guaranties, other pohcies of insurance m bonds, no'wiUmtaeding any terms or conditions contained in those instruments which provide fei subrogution rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to tile Title Insurance Albitration Rules of the American Arbitration Association. Arbitrable metiers may include, bul am not limited to, any controversy or claim belween the Company and ~he insmed arising eel of or relating to this policy, any service of the Compeny in connecBml with its issuance or the breach of a policy provision or ethel obligation All arbittoble matters, when the Amount of Insurance is S1,000,000 or less shall be arbgroted at the option of eithel the Compaey or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company nod the insured Arbitlation pursuant to this policy and under the Rules in effect on the date the demand fei arbitlation is made al, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the pcrges. The award may include attmneys' fees only if the laws of the state in which the land is JocoJed permit a coud Jo award attorneys' fees to a plevailing party. Judgment upon Jhe award rendered by Arbglalor(s) may be entered in any courl having jurisdiction thereo). The Jaw of the silos of the land shall apply to an arbitration under the Title Jnsuraoc~ Arbitration Rules A copy of the Rules may be obtained from lhe Company upon requesJ 15 LIABILITY LIMIED TO THIS POLICY; POLICY ENTIRE CONTRALq'. Ca) This policy together wgh all endorsements, if any, attached hereto by the Compan/ is lhe entire policy and contract baleen the insured and the Company. In interpleting an/ provision of this policy, this policy shall be construed as a whole. Ch) Any claim of loss or damage, whether or not hosed on negligence, and which arise' out of the s~atus of the title to the estate or interest covered hereby ur by any action assertin! such claim, shall be restlicted to this policy Cc) No amendmenl of or endorsement to this policy can he made except by a wlitin! endorsed hereon al otiached hereto signed by either the Pmsident` a Vice President, th~ Secretory, an Assislant Secretary, or validoling officer or aulhorized signatory of the Company 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under cgplicabh Law, the policy shall be deemed not to include that provision and all oJher provisions remain Jn full folce and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to b, furnished the Company shall include the numbel of this policy cad shall be addressed to th, Company at 300 East 42nd Street, New York, New York 10017 ~q T E~'ART TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of /,¢. '2.-2., acres of active farm and and/or J acres of non-farmland, situated at Suffolk County Tax Map No. 1000-94-3-1.6 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: SU"CCFT A. RUSSELLTSul~ervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 paragraphs (b) and (c) of section 305(4) of the Landowner STATE OF NEW YORK COUNTY OF SUFFOLK )SS: On the ~¢~day of ~/"~&? , 2006, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF Uez~ ~/~£~ ) COUNTY OF ~-~¢L4~ ) )SS: PATRICIA L. FALLON Notary Public, State O[ New No. 01FA4950t46 Qualified te Suffolk County Commission Expires April 24, On the ~d¢ day of ~-z.//_?/ ,2006, before me personally appeared RANDY SCOTT SHUR, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public PATR!C!A L. FALLON Notary Public, State Oi: Now York Commk;sion Expffes Aprii 24, ~7 N Y S D E C R E G I S T R Y MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us 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 April 2, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5a' Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry RANDY SCOTT SItUR to TOWN OF SOUTItOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on agricultural property located within the Town of Southold to be registered with the New York State Department of Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Randy Scott Shur Town of Southold August 7, 2006 D00012463 230 4050 Soundview Avenue, Mattituck 13.2271 acres 1000-094.00-03.00-001.012 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator eric. cc: Randy Scott S ~ c/o Pecouic Land Trust, luc. P.O. Bo× 1776, Southampton, Nh' 11968 wq~ eno. New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property, 5th Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.state.ny.us Melissa Spiro Department of Land Preservation To~vn of Southold P.O. Box 1179 Southold, NY 11971-0959 April 6, 2007 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 440 Grantor: Randy Scott Shur Liber: D12463 Page: 230 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property TAR:gm S T E W A R D S H I P RANDY SCOTT SHUR to TOWN OF SOUTHOLD 13.2271 acres development rights easement part of SCTM #1000-94-3-1.6 4050 Soundview Avenue, Mattittuck Closing held on Thursday, July 28, 2006 Land Preservation Department from left to riRht: Scott A. Russell, Southold Town Supervisor Randy Scott Shut Angela Shut (his wife} Timothy Caufield, Vice President- Peconic Land Trust MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @town.southold.ny.us 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: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator July 28, 2006 SHUR to TOWN OF SOUTHOI 13 plo SCTM #1000-94-3~1.6 Development Rights Easement Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Please be advised that the Town has acquired a development rights easement on the agricultural farnlland listed below If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TQTAL PARCEL ACREAGE: EASEMENT ACREAGE: FUNDING: MISCELLANEOUS: 4050 Soundview Avenue, Mattituck Randy Scott Shur Friday, July 28, 2006 $767,171.80 (based on 13.2271 acres @ $58,000/buitdable acre) 16.7076 acres 13.2271 acres CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. Peconic Land Trust, Incorporated purchased the fee title to the farm acreage simultaneously with the Town's purchase of a development rights from Randy Scott Shut A subdivision application is before the Planning Board dividing the residential dwelling parcel from the remaining farmland. P R O P E R T Y R E C O R D S October 17, 2006 Mr. Stephen Searl, Project Manager Director of Conservation Programs Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 Re: Proposed Conservation Subdivision of Randy Shur The property is located at the terminus of Sound View Avenue, east of Saltaire Way in Mattituck. SCTM# 1000-94-3-1.6 Zoning District: R-80 Dear Mr. Searl: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, October 16, 2006: The public hearing was closed. WHEREAS, this proposal is for an 80/60 Conservation Subdivision to subdivide a 16.7076-acre parcel into two lots where Lot 1 is 3.4805 acres and is currently improved with a single-family residence and accessory structures, and Lot 2 equals 13.2271 acres upon which the development rights are proposed to be sold to the Town of Southold; and WHEREAS, an application for sketch approval was submitted to the Planning Board on July 12, 2006 and includes the subdivision map prepared by John C. Ehlers dated June 30, 2006 and last revised on July 7, 2006; and WHEREAS, on July 24, 2006 the Southold Town Planning Board granted a Negative Declaration for the project pursuant to SEQRA; and WHEREAS, on July 24, 2006, the Southold Town Planning Board granted Sketch Approval upon the map prepared by John C. Ehlers dated June 30, 2006 and last revised on July 7, 2006; and Randy Shur Subdivision Page Two October 17, 2006 WHEREAS, on July 28, 2006, the Town of Southold closed on the sale of the development rights with the Deed of Development Rights Sale recorded on August 7, 2006; and WHEREAS, on September 20,2006, the applicant submitted one (1) copy of the draft Declaration of Covenants and Restrictions to be filed simultaneously with the final map; and WHEREAS, on October 16, 2006, the applicant submitted five (5) mylars and eight (8) paper prints of the final map, each containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board hereby grant Final Plat Approval upon the plat prepared by John C. Ehlers dated June 30, 2006 and last revised on September 16, 2006 and authorize the Chairperson to endorse the maps, which shall be filed simultaneously with the Declaration of Covenants and Restrictions at the Office of the County Clerk. Upon endorsement by the Chairperson, the mylars and paper prints must be picked up at this office and filed in the Office of the Suffolk County Clerk along with the Declaration of Covenants and Restrictions. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Jerilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land Preservation Coordinator -":~ File wow Toolbar Held 94.-3-1 I~ 47388g Southold Active R/S:1 School: I,(attituck School Shut. Rand.F S RollYeaf: 12006 Eurr Yr Rural fe~ Land AV: 5.000 4050 SoundYiee AYe Land S ze 16 71 acres TotalAV: 15.100 Owner Total: 1 Taxable Value Hbcellaneou~ Name: Hand~ S Shui County: 11.500 Book: 11749 AddlAddr: Muni: 11.500 Page: Str~t: 4050 SoundYiee A~e School: 11.500 Modg: PO Box: Bank: City: Hattituck. NY Zip: 11952- I Schlafler~ar'; 18.670 Acc(No: 14 Sale Total: 0 Site 1 of 1 Land 0 of O Book Page Sale Dale Sale Price Owner P~pcb: Rural Nbhd Cd: 0 U dries: Exemption Total: 2 Tefra Own Building To(al: 0 Code Amount Year Pct 41720 AG DIST 3.600 0 0 41854 STAR-BASIC ~30 0 0 Special District Total: 4 Value/ * Improvement Total: 0 Code Units Pct Type MoveTdx ~Type Name Dim1 Dim2 SQFT Y~Built FDO30 ~attituck FD .00 _00 .00 P~071 Mattituck Pall .OB .UO .00 ~ Double click, to open a window PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOBrNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant July 24, 2006 igc& ~'' MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: SCTM#: Conservation Subdivision of Randy Shur 1000-94-3-1.6 Location: The property is located at the terminus of Sound View Avenue, east of Saltaire Way in Mattituck. SEQR Status: Type I ( ) Unlisted (X) Yes ( ) No (X) Conditioned Negative Declaration: [ PR[S£RVATION Description of Action: This proposal is for a Conservation Subdivision to subdivide a 16.7076-acre parcel into two lots where Lot 1 is 3.4805 acres and is currently improved with a single-family residence and accessory structures, and Lot 2 equals 13.2271 acres upon which the development rights are proposed to be sold to the Town of Southold. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The determination was based upon the following: Shur Negative Declaration Page Two July 24, 2006 No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels, no substantial increase in solid waste production, potential of erosion, flooding, leaching or drainage problems will occur as a result of this action. No additional residential lots are being created with this subdivision. The parcel is simply being subdivided to create a separate lot for the existing residence with the balance of the parcel to be preserved through the sale of Development Rights. No significant removal or destruction of large quantities of vegetation or fauna, no substantial interference with the movement of any resident or migratory fish or wildlife species, no significant impacts on a significant habitat area, no substantial adverse impacts on a threatened or endangered species of animal or plant or the habitat of such a species, and no other significant adverse impacts to natural resources will occur. The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No additional development will occur as a result of the subdivision. No major change in the use of either the quantity or type of energy will occur. No creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Anthony Trezza, Senior Planner Address: Southold Town Planning Board Telephone Number: (631)765-1938 enc. CC: Elizabeth Neville, Town Clerk Applicant Melissa Spiro, Land Preservation Coordinator A E R I A L S I I I I I I I I I I ! I 1994 AERIAL 1980 AERIAL I I I 1 I I I I I I ! 1976 AERIAL I I I ! I I I I I I I 1957 AERIAL 1938 AERIAL S U R V E Y N FINAL SURVEY .% CRAPHIG SOALE I"= IOO' O iOO 200 ~00 JOHN C. EHI,ERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 ~, N.Y, 11901 369-8288 Fax 369-8287 REF:\\Compaqserver~plOS\06~06-206a.pro A E R I A L M A P Town of Town ?ub ic Southold Board Hearing Town Deve[opment Rights Purchase Map Prepared by Town of Southo[d Ju~y 24, 2006 G~S 1000~94~3~1.6