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HomeMy WebLinkAboutBadenchini Family Limited Partnership 1000-95-1-5.2 (f/k/a 1000-95-1-p/o 5) Baseline Documentation Premises: 6375 Oregon Road Cutchogue, New York 23.75 acres Development Rights Easement BADENCHINI FAMILY LIMITED PARTNERSHIP to TOWN OF SOUTHOLD Deed dated October 19, 2006 Recorded November 3, 2006 Suffolk County Clerk - Liber D00012477, Page 324 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Lots Created: Development Rights: Zoned: Existing Improvements: 1000-95-1-5.2 (f/Ma 1000-95-1-p/o 5) 6375 Oregon Road Cutchogue $651,900.00 (21.73 buildable acres ~ $30,000/acre) 2% Community Preservation Fund and Federal Grant Award (USDA-NRCS = $325,950.00) Yes 32.73 acres (Cluster Conservation Subdivision of Oregon Landing II) Lot 1 = 2.07 acres Lot 2 - 4.37 acres Lot 3 = 1.18 acres Lot 4 = 1.24 acres Lot 5 = 23.75 acres 23.75 easement acres (includes 2.02 acres subdivision open space excluded from purchase price) A-C / R-80 In February 2005 - wooded area, dirt road, fencing, fuel tank, well pump on concrete slab I I I I I I I I I I I I A. DESCRIPTION 1. LAND The subject is a parcel of land having an area of 23.88+ acres. It is part of a larger property. We have been provided a survey showing the actual dimensions of the subject portion of the property which are as follows: A southerly border having 244.65+_' of frontage on the northerly side of Oregon Road; a westerly border of 3,225.99+_'; a northerly border of 311.28+_', and an irregular easterly border running southerly a distance of 2,984.97_+', then westerly 135.00+-', then southerly 250.00+-'. Overall, the subject has a very usable shape with fairly uniform width and depth. The above dimensions are taken from a subdivision map prepared by Anthony Abruzzo, R.L.S., of Southold NY. We have included a copy of the Suffolk County Tax Map, showing the overall property of which the subject is a portion, in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Oregon road is two way, two lane, publicly maintained, macadam paved road. Public water is not available in this area. As per the provided subdivision map, the subject is (or will be) encumbered by a 25+_' wide right of way easement running the entire length of its westerly boundan/which provides access to properties to the north. ! ~.GIVEN ~s A. DESCRIPTION (CONTINUED) i. LAND (CONTINUED) The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is in use for agricultural purposes. Land use surrounding the subject is primarily vacant and improved residential properties. 2. IMPROVEMENTS The subject is vacant land. B. PRESENT USE AND OCCUPANCY The subject is vacant land. _GIVEN 2o P R 0 P E R T Y V I S U A L S I 3.2 Tax Map Location ?~ I Zoning Map / I I I I I I I I 1 I I ! $~_~CT PHOTOGRAPHS ~GIVEN ?~ I I I I I I I 1 I I ! I I ~GIVEN ?~ £ 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 Badenchini Property 1.._~.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commemial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of a 32.10 acre parcel of primarily agricultural land of which 23.75 acres is the subject of this report. The property is located on the north side of Oregon Road, immediately west of Alvah's Lane. The property is more particularly described as Suffolk County Tax Map # 1000-09%01-5. The overall subject property consists of 32.10 acres of agricultural and wooded land operated as a sod farm. A badly rusted truck was observed in the wooded portion of the site. The soil beneath the engine compamnent appeared to be stained. An irrigation well and a 550 gallon above ground storage tank are present along the east central property line. An area of significant staining (petroleum) was observed on and around the concrete well pump pad used for agricultural irrigation. No structures or foundations were located on the portion of the subject property that is the subject of this report. The inspection of the property did not reveal any staining, residue, odors or stressed vegetation, except as previously noted. An extensive govermnent records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity of the subject property. In conclusion this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. 1. The soil surrounding the irrigation well pump engine is significantly stained and appears to represent a reportable quantity subject to spill notification requirements. As a result, the New York State Department of Environmental Conservation (NYSDEC) Spill Hotline was contacted to report a spill. Therefore, the stained soil must be remediated and properly disposed of under the auspices of NYSDEC personnel. 2. If the property is to be utilized for residential purposes in the future, the soils on the agricultural land should be sampled and analyzed for the presence of pesticides, lead and arsenic. 3. If agricultural usc of the land is ceased, the well should be properly abandoned in accordance with NYSDEC requirements. Badenchini Property, Cutchogue Phase I ESA The rusted truck should be removed and properly disposed of. A soil sample should be collected from this area and analyzed for the presence of volatile and semi-volatile organic compounds. NIELSON~ POPIE & VOORHIS~ LLC CHARLES J VOORHIS, CEP AICP · VICTOR BERT P E · ARTHUR J KOERBER. P E JOSEPH R EPIPANIA P E · ROBERT G NELSON, JR, PE ° PAUL M. RACZ P L S THOMAS F LEMBO, P.E. * GREGORY D PETERMAN RL S GARY S BECKER PE · ERiC J McFERRAN, PE Septembe, r 8, 2005 Melissa Spiro Division of Land Preservation Town of Southold Town Hall Annex, 54375 State Route 25 P.O. Box 1179 Southold, New York 11971 Re: Badenchini Property, Cutchogue Soil Screening NP&V Job//05116 Dear Ms. Spiro: In accordance with a request from Lisa Kombrink, Nelson, Pope & Voorhis, LLC personnel conducted a site visit in order to collect a soil sample fi'om thc area located beneath the engine compartment of an old truck located in the wooded area on the northern portion of the property. Specifically, a soil sample was collected and placed in a scalable plastic bag in order to create a headspace area in which potential hydrocarbon vapors could accumulate. Once the soil sample was allowed to sit, a Photo Ionization Detector (PID) detector meter xvas inserted into the headspace area to obtain a reading. Thc PID mctcr rcading of 0.0 parts per million (ppm) indicated that no elevated concentrations of hydrocarbon compounds were prescnt. Therefore, no fi,'ther analysis or remedial activities are required for this area. Please do not hesitate to contact our office if you have any questions. Very truly yours, SJM/tbs SEP 2 2 ?0% DEPT OF LAND PR£S£RVATION NELSON, POPE & VOORHIS, LLC FIGURE 1 Badenchini Property, Cutchogue Phase 1{ ESA LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale NORTH 1 I I I I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS ORthoimageryProgram, 2001 Scale: 1" = 400' Badenchini Property, Cutchogue Phase I I~SA NORTH + I I I I I I I I I I I I I I FIGURE 3 Badenchini Property, Cutchogue Phase I ESA WATER TABLE MAP ,.:( ..~,~> 53338 ... ~.., '-. ]] .... · "/;~/' /" .: .~ . -::~. / ,"/"7% " 7 ~ 045',/ '~ 322 Scale: 1" = 8,000' BAY BAY Source: SCDHS Water Table Contour Map, 1999 Site Location [, t ILl', t)[':CON C t_~AY x,, "4-8432 * '52649 NORTH OVERVIEW MAP - 01406256.1 r - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property · Sites at elevations lower than the target property · . Coal Gasification Sites t'~ National Priority LJst Sites ~ I~ndfiil Silos Dept. Defense Sites indian Reservations BIA Oil & Gas pipelines ] 100-yearflood zone 500-year flood zone ] Federal Wetlands TARGETPROPERTY: IADDRESS: CITY/STATE~IP: LAT/LONG: Badenchini Property 6375 Oregon Road Cutchogue NY 11935 41,0275 / 72.5249 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 01406256.1r April 22, 2005 5:16 pm DETAIL MAP - 01406256.1 r - Nelson, Pope & Voorhis LLC ~ Target Property · , Sites at elevations higher than o~ equal to the target property · Sites at elevations lower than the target property ~. Coal GAsificAtion Sites ~' SensiBve Receptors ~ National Priority LJst Sites "~ landfill Sims Dept. Defense Sites indian Reservations BIA Oil & Gas pipelines 500-year flood zone TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Badenchini Prope~y 6375 Oregon Road C~chogue NY 11935 41.0275/72.5249 CUSTOMER: CONTACT: INQUIRY #: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 01406256.1r April22, 2005 5:16pm PHYSICAL SETTING SOU RCE MAP - 01406256.1 r .j County Boundary Major Roads Contour LJnes Earthquake epicenter, Richter 5 or greater Water Wells Public Water Supply Wells Cluster of Mu~tipte Icons Groundwater Flow Direction Indetermmate Groundwater FIow at Location Groundwater Flow Varies at Lo~atmn Closest Hydrogeologlcal Date TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: EAT/LONG: Badenchini Property 6375 Oregon Road Cutchogue NY 11935 41.0275 / 72.5249 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 01406256.1 r April 22, 2005 5:16 pm A P P R A I S A L R E S O L U T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, October 12, 2004 Members Present: Members Absent: Also present: Ray Huntington Fred Lee (left 7:40 p.m.) John Sepenoski (arrived 7:21 p.m.) Eric Keil (arrived 7:55 p.m.) Craig Arm Ray Blum Michelle Zaloom Bill Edwards, Town Board Liaison Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Commencement: The meeting began at 7:22 p.m. Four LPC members present. Adoption of minutes from September 28, 2004 LPC meeting. [HELD] BADENCHINI PROPERTY (TPDR): SCTM #: Location: Total Acreage: PDR Acreage: Zoned: CPF: 1000-95-1-5 6375 Oregon Rd (n/s Oregon Rd) +33.2 acres +23.8825 acres R-80 and AC Yes Reviewed status and reviewed conservation subdivision proposal. Ag structures wanted by property owner. LPC discussed allowance of ag structures at 2% lot coverage. MOTION made by John Sepenoski, seconded by Eric Keil, to direct Melissa Spiro to commission an appraisal on the Badenchini property. Motion carried 4/0. P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 168 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 2005: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12~ 2005~ at 8:05 p.m, Southold Town Hall~ 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the property owned by Badenchini Family Limited Partnership. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road, Mattituck, New York, and is located on the northerly side of Oregon Road, approximately 135 feet northwesterly from the intersection of Alvah's Lane and Oregon Road in Mattituck. The proposed acquisition is for approximately 23.88 acres (subject to survey) of the approximately 32.73 acre parcel. The purchase price is $30,000 (thirty thousand dollars) per acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program and the New York State Agriculture and Markets, 2004 Agricultural and Farmlands Protection Program and part of the pumhase price may be reimbursed from one of these agencies. 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. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12, 2005, at 8:05 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on a portion of the propert~ owned by Badenchini Family Limited Partnership. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road, Mattituck, New York, and is located on the northerly side of Oregon Road, approximately 135 feet northwesterly from the intersection of Alvah's Lane and Oregon Road in Mattituck. The proposed acquisition is for approximately 23.88 acres (subjeCt to survey) of the approximately 32.73 acre parcel. The purchase price is $30,000 (thirty thousand dollars) per acre. The exact area oftbe purchase is subject to a survey acceptable to the Land Preservation Commitlee. The propcrty is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program and the New York State Agriculture and Markets, 2004 Agricultural and Farmlands Protection Program and part of the purchase price may be reimbursed from one of these agencies. 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 exmnined by any interested person during business hours, Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 7, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971~ Copies to the following: The Traveler Watchman Planl~ing Building Town Clerk's Bulletin Board Town Board Members Town Attorney Zoning Board of Appeals SOUTHOLD TOWN BOARD PUBLIC HEARING April 12, 2005 8:05 P.M. HEARING ON THE PURCItASE OF A DEVELOPMENT RIGHTS EASEMENT ON A PORTION OF THE PROPERTY OF BADENCHINI~ SCTM #1000-95-1-5. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards To,wi Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 25 (Agricultural Lands) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 12~ 2005~ at 8:05 p.m. Southold Town ItalL 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 Badenchini Family Limited Partnership. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road, Cutchogue, New York, and is located on the northerly side of Oregon Road, approximately 135 feet northwesterly from the intersection of Alvah's Lane and Oregon Road in Cutchogue. The proposed acquisition is for approximately 23.88 acres (subject to survey) of the approximately 32.73 acre parcel. The purchase price is $30,000 (thirty thousand dollars) per acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Conunittee. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program and the New York State Agriculture and Markets, 2004 Agricultural and Farmlands Protection Program and part of the purchase price may be reimbursed from one of these agencies. 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. COUNCILMAN WICKHAM: I have notices that it has appeared as a legal in the local newspaper, it has also appeared outside on the Town Clerk's bulletin board. I have the short environmental assessment form and that is all the communications I have. April 12, 2005 Public Hearing-Badenchini Purchase 2 SUPERVISOR HORTON: Thank you, CounCilman Wickham. I open the floor to public comment on this hearing and leading off will be our faithful and dedicated Land Preservation Coordinator, Melissa Spiro. Thank you for joining us, Melissa. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Thank you, Supervisor Horton. As Councilman Wickham mentioned, this is the public hearing for farmland development rights purchase on the Badenchini Farm. I don't need to repeat all the facts that were just read but I would like to point out that this farm is within the Town's largest area of agriculture, on Oregon Road. It is adjacent to a preserved farm and it is in the vicinity of several other preserved farms and several farms that we hope to preserve in the future. The landowner is currently undergoing review for a conservation subdivision, which meets what is commonly known as the 75-75 conservation subdivision. That is 75 percent preservation of the buildable land and a 75 percent density reduction. The proposal is for four lots of the most northern section of the property. The lots are not proposed to be within the farm area at all. So basically all of the farm, with the exception of the area within the right of way on the western side of the property will be preserved. The land owner is not proposing any lots along Oregon Road, therefore the view shed on the Oregon Road will be part of the development rights easement. I am glad that the landowner chose to participate in the preservation program and both the Land Preservation Committee and ! ask that the Town Board proceed with this purchase. Thanks. SUPERVISOR HORTON: Thank you. Would anybody else care to address the Board on this specific public hearing? (No response) Members of the Board? (No response) We will close the hearing. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.north£ork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 212 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: WHEREAS, the Town Board of the Town of Southold wishes to pumhase a development rights easement on part of a certain parcel of property of agricultural lands owned by Badenchini Family Limited Partnership, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-95-1-5. The address is 6375 Oregon Road, Cutchogue, New York, and is located on the northerly side of Oregon Road, approximately 135 feet northwesterly from the intersection of Alvah's Lane and Oregon Road in Cutchogue. The proposed acquisition comprises approximately 23.88 acres (subject to survey) of the approximately 32.73 acre parcel. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture, 2004 Agricultural and Farmlands Protection Program and part of the purchase price may be reimbursed from one of these agencies; be it therefore 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 attached hereto; be it further 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 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNL][STED ACTIONS Only PART [-PRO3ECT ZNFORMAT/ON (To be completed by Applicant OR Project) Page 1 of 2 1. APPL~CANT/SPONSOR: Southold Town Board 3. PRO3ECT LOCA'rZON: ~ Municipality: ~ O~C.~O~O~_ 4. PRECISE LOCA'r]ON:,~treet address and road intersections, prominent landmarks, etc, or provide map) 6%75 O~e%o~ ~.~ C~c~b~¢' ScTm~*~ooo-~S.~-~ 5. IS PROPOSED ACTION: ~~ New ~ Expansion [~ Modification 6. DESCRIBE PRO~ECT BRIEFLY: 7. AMOUNT OF LAND AFFECTED: IN[TALLY~ acres ULT[MATELY~_ acres 8. WILL PROPOSED Ac'r/ON COMPLY WI'tH EX[ST/NG ZONING OR OTHER EXES'rING LAND USE RESTRICT/ONS? ~ Yes ~ No if No, describe briefly 9. WHAT ES PRESENT LAND USE IN VICINTFY OF PRO3ECT? ~3~ Residential ~ Commercial ~ Industrial ~ Agriculture ~- Park/ForesUOpen space r- ©~her Describe: 10. DOES ACT[ON INVOLVE A PERM['I' APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? '~'0¢o~ ~>~Oc( e[~[=<-O~lc~, if yes, list agen~(~) and ~rmiMapprova/¢ I r~ Yes ~ No CERTIFY THAT THE INFORMAT/ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area~ and you are a state ageno[t complete the Coastal A~se,$ment Form before proceeding with this assessment P__~T_~_Z_~-ENVZRONMENTAL ASSESSMENT (_To be_ completed by Agency) Page 2 of 2 A, DOES ACTZON EXCEED ANY TYPE Z THRESHOLD ZN 6 NYCRR, PART 617.47 Yes~ No If yes coordinate the revie~vprocess and use the full E.4F B. WILL ACTION RECEZVE COORD~[NATED REVZEW AS PROVZDED FOR UNLZSTED AC1/ONS ZN 6 NYCRRv PART 617.67 ['~ Yes ~ No If no, a negative declaration ma)/be Suspended by another involved agency C. COULD ACT/ON RESULT I'N ANY ADVERSE EFFECTS ASSZOCZATED WITH THE FOLLOWLNG: Answers may be handwritten, if legible) CZ. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pa[terns solid waste production or disposal, potential for erosion, drainage or flooding problem? Explain briefly'. No C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as offidally adopted, or change in use or intensity of use of land or other natural resources? Explai briefly: C$, Growth~ subsequent development, or related activflies likely to be induced by the proposed action? Explain briefly: C6. Lock.term, short term, oumulafive~ or other effects not idenfified in CI-C57 Explain bdefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain hriefiy: D. WTLL THE PRO3ECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERZCS THAT CAUSED THE ESTABLISHMENT OF A CEA? No E, IS THEREt OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, la~ge, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urbal~ or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (f) magnitude, ~f necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impact~ have been identified and adequately addressed. ~f question D of part It was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENV[RONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action W/LL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: ~ -- Name of Loan Ag~ Prir~of ~/pe Name g~ Respol~sible Officer in Lead Agenc~ Title of Res~ible Officer /~/ Signature of Cesponsib'~'Officer in Lead Agen~'~'~-........_~ ~'~g'natur~of prepare(if diff~e~nt from of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 southoldtown.nor th fork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 221 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development fights on the property owned by Badenchini Family Limited Partnership on the 12th day of April, 2005, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-95-1-5 and 6375 Oregon Road and is located on the northerly side of Oregon Road approximately 135 feet northwesterly of the intersection of Alvah's Lane and Oregon Road in Cutchogue; and WHEREAS, the development rights easement comprises approximately 23.88 acres of the 32.73 acre farm. The exact area of the acquisition is subject to a survey; 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 WHEREAS, the property is adjacent to, and in the vicinity of, other farms on which either the Town or the County have purchased the development fights; and WHEREAS, the purchase of the development fights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildabie acre; and WItEREAS, the Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture 2004 Agricultural and Farmlands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of properS, of agricultural lands owned by Badenchini Family Limited Partnership pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Sonthold. Said property is identified as SCTM #1000-95-1-5 and 6375 Oregon Road and is located on the northerly side of Oregon Road approximately 135 feet northwesterly of the intersection of Alvah's Lane and Oregon Road in Cutchogue. The development rights easement comprises approximately 23.88 acres of the 32.73 acre farm. The exact area of the development rights easement is subject to survey. The pumhase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the United States Department of Agriculture 2005 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture 2004 Agricultural and Farmlands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT BADENCHINI FAMILY LIMITED PARTNERSHIP to TOWN OF SOUTHOLD Total Development Rights Easement - 23.75 acres (includes 2.02 acres subdivision open space) Premises: 6375 Oregon Road, Cutchogue SCTM #1000-95-1-p/o 5 Closing took place on Thursday, October 19, 2006 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $ 651,900.00 (based upon 21.73 acres @ $30,000/buildable acres) disbursed as follows: Payable to Luigi Badenchini Check #88305 (10/19/06) $ 166,234,50 Payable to Concetta Badenchini Check #88303 (10119106) $ 166,234,50 Payable to David Badenchini Check #88304 (10/19/06) $ 159,715.50 Payable to Irene Suba Check #88308 (10/19/06) $ 159,715.50 Expenses of Closing: Appraisal Payable to Patrick A. Given, SRPA Check #79608 (12~28~04) Environmental Report (Phase I) Payable to Nelson, Pope & Voorhis, LLC Check #82145 (7/5/05) Environmental Report (Phase II) Payable to Nelson, Pope & Voorhis, LLC Check #83450 (10/11/05) $ 2,500.00 $ 170.00 $ 1,300.00 Title Report Payable to Stewart Title Insurance Company Check #88307 (10/19/06) Fee insurance $2654.00 Recording deed $ 200.00 Certified copy $ 75.00 $ 2,929.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #88306 (10/19/06) $ iO0.O0 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Luigi Badenchini Vincent Suba, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst PAY TO THE 0 RoDFE R DATE SIXTY SIX THOUS~D TWO H~DRED LUIGI B~EN2HINI ' ' 37 CO~TISBURY AVENUE NORTH VALLEY STRE~ NY 11580 ,'088 30 5,,' ~:O~hOSh6h~: B3 OOOOOh 0,' VENDOR 001787 LUIGI BADENCHINI ?~?D L ACCOUNT H3 .8660.2.600.100 TBR221 101906 10/19/2006 CHECK 88305 DEV RTS-21.73 ACR 166,234.50 TOTAL 166,234.50 TOWN OFSOUTHOLD, SOU1 HOtD NY 11971 0959 ~ TOWN OF SOUTHOLD ~'"~,.~,,~__,~ 53095 MAIN ROAD ~ SOUTHOLD NEWYORK 119F-0959 PREPAID TWO DATE CHECK NO lo/~9/2oo6 88303 , HUNDRED THIRTY FOUR A_ND ]NCHINI AVENUE STREAM NY 11580 ,'OflS,~,O%,l' ':Oa~.NOSL,&L,,: ~.% O000Ol~ 0"' VENDOR 001786 CONCETTA BADENCHINI FL~-ID & ACCOUNT P. O. ff IN~/O I CE H3 .8660.2.600.100 TBR221 101906 10/19/2006 CHECK 88303 DEV RTS-21.73 ACR 166,234.50 TOTAL 166,234.50 TOWN OFSOUTHOLD · SOUTII()LD NY 11971 0959 1-0959 PREPAID NO. ~10'/l~/20Q~ ' ' 88304 $]~9,715.50 HUNDRED FI?TEEN AND 50/100 DOLLARS ,'088 ~,0 "~1158o ':OS;,hOSL, r=L,': r=:~ OODOOL, 0,' VENDOR 001785 DAVID BADENCHINI FT~!D £ ACCOUNT H3 .8660.2.600.100 P.O.~ I~UTOICE TBR221 101906 10/19/2006 DEV RTS-21.73 TOTAL CHECK 88304 ACR 159,715~50 159,715.50 TOWN OFSQUTHOLD- SOUTHOLD NY 11971 0959 k~f~QNEi~HUNDRED FIF~TY NIl PAYTO IRENE SUBA THE ORDER 37 COUNT. ISBURY AVEN73E OF NORTH VALLEY STREAM NY 11580 ,,'08,°,508,,' ':Oal, hOShF:h~: &~ O0000N 0,' VENDOR 001784 IRENE SUBA 'c, Tw,*r~ ~-. ACCOUNT n n ~ **mrc, Tr,~ H3 .8660.2.600.100 TBR221 101906 10/19/2006 cRACK 88~08 DESCRIPTION ~40~T DEV RTS-21.73 ACR 159,715.50 TOTAL 159,715.50 ]OWN OF SOUTHOLD · SOUTHOLD. NY 11971 0959 _GIVEN "' A S S 0 C I A ) E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11768-0306 (631) 360-347 FAX 360-362: November 30, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southoid Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Appraisal of Property of Badenchini Family Located North side of Oregon Road, Cutchogue, NY S.C.T.M. #1000-95-1-5 File# 2004264 reap estate appraisers and consultants $2,500.00 DFC -~ :.'.' D[?I OF LAND PRFSERVMroN GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN, SRPA/PATRICK Y=Select JE Date Trx. Date Fund Account ......................... Use Actf , , 4/20/2004 4/20/2004 H3 ·600 9/07/2004 9/07/2004 H3 .600 ii 11/04/2004 11/04/2004 H3 .600 .. 11/30/2004 11/30/2004 H3 .600 ~ 12/28/2004 12/28/2004 H3 .600 . . 3/01/2005 3/01/2005 H3 .600 . . 3/01/2005 3/01/2005 H3 .600 F2=Shift Up F3=Exit F10=Prev View Disburs Inquiry by Vendor Nam~ ............. Detait--GL100N .............. W-12282004-514 Line: 111 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 12/28/2004 SDT 12/28/04 Trx Amount... 2,500.00 Description.. APPRAISAL-BADENCHINI Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 79608 SCNB Invoice Code. 2004264 VOUCHER ...... P.O. Code .... 12759 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 12/28/2004 Date Cleared. 1/31/2005 F3=Exit F12=Cancel Nelson, Pope & Voorhis, I_LC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 05116 Project: Badenchini Properly Manager: McGinn, Steven VA01791 To: 'Town of Southold De~! of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 3294 Invoice Date: June 17, 2005 MAKE CHECKS PAYABLE TO NELSON POPE &VOORIIIS Invoice Amount $1,300. O0 Contract Item #1: Prepare Phase 1 Environmental Site Assessment Work Performed: 4/15 thru 5/16/05 Contract Amount: $ 1,300.00 Percent Complete: 100.00% Fee Earned: $1,30000 Prior Fee Billings: $0.00 Current Fee Total: $1,301t.00 *** Total Pro. ject Invoice Amount $1,300.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ...................... Use Acti . . 5/10/2005 5/10/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 ~ 7/05/2005 7/05/2005 H3 .600 CANNOT FORWARD. END OF FILE Disburs Inquiry by Vendor Narae .............. Detail--GL100N .............. : W~07052005-194 Line: 202 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOI/NTS PAYABLE : : Trx Date ..... 7/05/2005 SDT 7/05/05 : : Trx Amount... 1,300.00 : : Description.. BADENCHINI-PHASE 1 ESA : : Vendor Code.. 014161 : : Vendor Na~e.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 82145 SCNB : : Invoice Code. 3294 : : VOUCHER ...... : : P.O. Code .... 13909 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 7/05/2005 : : Date Cleared. : : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, LLC 572 Wa{~Whitroan Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 05116 Project: Badenchini Property Manager: McGinn, Steven VA01791 To: Town ofSouthold Dem of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Inw)ice #: 3509 Invoice Date: September 16, 2005 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS hn,oiceAmount $170.00 Site Visit/Soil Screening (PID) in are/~ of old trnck. Work Performed: 8/10/05 Professional Services Site Audits Bill Hours Bill Rate Cha[gc Hydrogeologist/Sr Envir. Analyst Phase Il Site Assessments Site Audits Total: Professional Services Totals 2.00 85.00 170.00 2.00 $170.00 $170.01t *** Total Project hn,oice Amount $1 70. OO GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 5/10/2005 7/05/2005 7/05/2005 8/02/2005 9/27/2005 9/27/2005 10/11/2005 12/20/2005 1/03/2006 4/11/2006 4/11/2006 5/09/2006 6/06/2006 6/20/2006 5/10/2005 H3 .600 7/05/2005 H3 .600 7/05/2005 H3 .600 8/02/2005 H3 600 9/27/2005 B 600 9/27/2005 B 600 10/11/2005 H3 600 12/20/2005 B 600 1/03/2006 H3 600 4/11/2006 B 600 4/11/2006 B 600 5/09/2006 H3 600 6/06/2006 H3 600 6/20/2006 H3 600 6/20/2006 6/20/2006 H3 600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10112005-960 Line: 296 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/11/2005 SDT 10/06/05 : : Trx Amount... 170.00 : : Description.. PHASE II ESA-BADENCHINI : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 83450 SCNB : : Invoice Code. 3509 : : VOUCHER ...... : : P.O. Code .... 14357 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 10/11/2005 : : Date Cleared. 10/31/2005 : : F3=Exit F12=Cancel : ST]SWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, New York 11747 631-501-9615 fax 631-501-9623 NEW YORK STATF, TRANSFER/MANSION TAX PATRICIA L. FALLOH Title Closer TITLE INSURANCE CO, l:2B BA~IS ROAD, SUITE 202 MELVILLE NY 11747 ~ND O0 &5 O0000q ~VENDOR 019624 STEWART TITLE INSUPJ~NCE CO. ]0/].9./PO0g C'HV, C'¥ RR%O7 H3 H3 H3 8660.2.600.100 .8660.2.600.100 .8660.2.600.100 13910 25-S-0735 13910 25-S-0735 13910 25-S-0735 TITLE POLICY-BADENC 2,654.00 REC EASEMENT-BADENCHI 200.00 CERT COPY-BADENCHINI 75.00 TOTAL 2,929.00 TO~':Ht}F SOUTHOLD. SOUTHOLD NY 11971-0959 DOLLARS r,?~ ~¥~b · ~TRICIA EALLON DATE 10/'19/2006 88306 "'088~,OE,' ':OS~,~,OSl~El,,: f-,% OOOOO[, O"' VENDOR 006013 PATRICIA FALLON F'~?D i ACCOU~T H3 .8660.2.600.100 10/]9/2006 D.O.# I ....... TBR221 25-S-0735 TITLE CLOSER-BADENCHI 100,00 TOTAL 100.00 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrtunent: EASEMENT/DOP Number of Pages: 16 Receipt Ntumber : 06-0107575 TRA/qSFER TAX NUMBER: 06-11867 District: 1000 Deed Amount: Section: Block: 095.00 01.00 EXAMINED AND CHARGED AS $651,900.00 Recorded: At: LIBER: PAGE: FOLLOWS Received the Page/Filing COE TP-584 Cert.Copies SCTM Con~n. Pres TRANSFER TAX NUMBER: Following Fees For Above Instrument Exempt $48.00 NO Handling $5.00 NO ATYS SRCHG $5.00 NO Notation $10.40 NO RPT $0.00 NO Transfer tax $0.00 NO 06-11867 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 11/03/2006 03:46:28 PM D00012477 324 Lot: 005.001 Exeml $5.O0 NO $15.00 NO $0.00 NO $30.0O NO $0.00 NO $118.40 NOV ]5 2006 OEPI' OF LAND PRESERVATION Nunlbe~ of pages /~ TORRENS Serial # Certificate # PHor Ctf # FEES Recording / Filing Stamps Notation EA 52 17 (County) ..... Sub Total ,~ EA 5217 (State) Comm. of Ed 5 00 ...... Sub Total ___~z~ Grand Term _ //3~__. eal Pmpci 1000 09500 0100 005001 ax Seivice / P T RECORD & RETURN TO: _l Mortgage Am[ I Basic Ta× 2 Addilional Tax YES el NO _ $ Community Preservation Fu~d Consideration Amount CPI; Tax Due Vacant Land TD TI) 7 I Title Company Information ITitle g ~3-- 3-O78x- Suffolk County Recording & Endorseinent Page _ _/9~ SUFFOLK COUNTY, NEW YORK 10/05/06 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the / ~',~,day of October, 2006 at Southold, New York. The parties are BADENCHINI FAMILY LIMITED PARTNERSHIP, having an address of 37 Countisbury Avenue, North Valley Stream, New York 11580 (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'S. INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property consisting of 23.75 acres located at 6375 Oregon Road, Cutchogue in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-95-1-5, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "property"; and as shown on the survey dated February 11, 2005 and last revised September 20, 2006, prepared by James B. Behrendt, L.L.S. WHERE~S~ the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended Lo 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 280-12. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-95-1-5; and WHEREAS, the Property contains soils acres of soil classified as Class ! and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") has provided $356,250 to the Grantee and for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protectin9 and conserving the present state and inherent, Stewart Title Insurance Company Title No: 25-S-0735 Schedule A Description All that certain plot, piece or parcel of land lying and being at Cutchogue, in the Town of Southold, County of Suflbtk and State of New York, being bounded and described as folloxvs: BEGINNING at a monument set on the northerly side of Oregon Road (North Road) distant 2667 feet (more or less) westerly from the corner formed by the intersection of the westerly side of Duck Pond Road and the northerly side of Oregon Road (North Road); RUNNING THENCE along the northerly side of Oregon Road (North Road) South 59 degrees 13 minutes 00 seconds West, 209.60 feet to the Easterly side of an easement; THENCE along said easement 1) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2) South 56 degrees 01 minutes 30 seconds West 10.00 feet; 3) North 33 degrees 58 minutes 30 seconds West 2643.71 feet to a monument and land now or formerly Manzi Homes Inc.; THENCE North 58 degrees 03 minutes 35 seconds East, 311.28 feet to a concrete monument and land noxx or formerly of Woodhaven Manor Realty Corporation, File No. 9864; THENCE along said land South 34 degrees 44 minutes 10 seconds East, 2984.97 feet to a concrete monumeot and land now or formerly of Keleski; THENCE along said land South 59 degrees 13 minutes 00 seconds West, 135.00 feet to a concrete mollument; THENCE still along said land now or formerly of Keleski South 34 degrees 44 minutes 10 seconds East, 250.00 feet to the concrete monmnent first above-mentioned, to the point or place of BEGINNING. TOGETItER with all right, title and interest of the party of the first part, in and to the land lying in the street in fi-ont of and adjoilfing said premises. 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 Six Hundred Fifty One Thousand Nine Hundred Dollars ($651,900.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as set forth in Stewart Title Report # 25-S-0735 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Munidpal Law tn acquire fee title or lesser interests in land, including development rights, easements, ~venants, and other contractual rights which may be necessary or desirable for the ! servation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the ,:nvironmental, natural, scenic or agricultural values of the Property that foster and have tile 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 scenic, agricultural, environmental and natural 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 2 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 February 11, 2005 and last revised September 20, 2006 prepared by ]ames B. Behrendt, ELS. and an Environmental Site Assessment dated May 9, 2005 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'S. This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its '~provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than the agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold and any additional uses permitted by amendment of such Law or Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the ProperLy, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and ail 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 even/one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ART[CLE 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 THRE~EE PROH[B~fED ACqqq From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structur~_s No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; 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/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 Dumping 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 $ic~s~ 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 drywells, 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 70 of the Town Code, shall not be considered a commercial use. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural productions be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RiVlS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.10 Conservation Compliance Provisions of the Conservation Plan As required by Section 12381 of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on ,2006. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation aod is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Properb/, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. tn the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. if the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage" The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 Development RJqht~ The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHT~ 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 shaft continue to have the right to exclusive possession of the Property. 4.03 Use_ Grantor sha~l 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, except for the wooded area at the northern portion of the Property denoted on the survey dated February 11, 2005 and last revised September 20, 2006 prepared by.lames B. Behrendt, L.L.S. Survey and the southern boundary of which is shown as "Existing Wood Line". As to this wooded area, Grantor shall be prohibited from clearino or from removing vegetation, trees or shrubs. Notwithstanding, Grantor sha~l have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed, damaged. 4.05 Aqricultural 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 70 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of 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; (~i) New construction, provided such structures are necessary for agricultural production and lot coverage does not exceed two (2) percent of the Property; (iii) Renovation, maintenance and repairs of structures built pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shallemploy 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 Alienability Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE F]VE GRANTOR'S OBLIGATIONS~ 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. This provision shall not preclude Grantor from contesting such amounts and from deferring payment during such contest period. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. _5.02 Liabilib/and Indemnification Grantee and the United States have no obliqations whatsoever, express or implied, relating to the use, maintenance or opera~ion of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liabilib/shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsoever on or under the Property. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuet oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, ail applicable Environmenta~ Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor warrants that it has no actual knowledge of a release or threatened release of any Hazardous IVlaterials on, at, beneath or from the Property. Moreover Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the United States against ail litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed afl:er this date to the Property by Grantee. 5.03 Annual Howina Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. ][n the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHT~ 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, not more frequently than annuatly without Grantor's consent, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and aglees 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 (I5) 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 agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses'~ in connection with any proceedings under this Section, as approved by the Court. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Hailed 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. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Deparfment of Agriculture, NBC.S, c/o Commodib/Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE STX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment of Easement At the mutual request of Grantor, Grantee, and United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03 (Purpose), extinguish or modiG, this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain approved in advance by the United States Department of Agriculture NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 (Purpose) herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 7.12 (Proceeds) herein. ARTICLE SEVERN MISCELLANEOU~ 7~01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it, 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 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 that were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.1.1 (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under Section 170(h) of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owoer, and the United States Department of Agriculture, NRCS. :If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement thai. 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 Goveroino 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 ail times and by all parties to effectuate its purposes. 7.07 Public Acce$_s Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordipg Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Continqent Riqhts of the United States of Am~ric~a In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, ~2 the said Secretaw of Agriculture and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretaw, all right, title and interest in thfs Easement shall become vested in the United States of America. Z.12 Proceeds The grant of this Easement qives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as ofthe date hereof. The Proportionate Share is 71.2%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the ;Internal Revenue Code for any improvements which may hereafter be made on the Property). If any par[ or all of this Easement is ext:inguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 50 %, and 50%, respectively, representing the proportion each party contributed to the purchase price of the easement tN 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: BADENCHINI FAMILY LIMITED PARTNERSHIP~ Grantor BY: ~ d~)~e~n't __ ACKNOWLEDGED AND ACCEPTED: TOWN OF SO/~T,~tOLD, Grantee SCOTT A. RUSSELL Supervisor Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. Authorized SignatoW for the~RCS MARILYN CASSIDY STEPHENSON State of New York ) County of Albany ), ss: On the iX4'1' day of ¢(~;~Z*t in the year 2006 before me, the undersigned, personally appeared Marilyn Cassidy Stephenson, personally known to me or proved to me on the basis of satisfactow 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, Signature/office of individual taking acknowledgement STATE OF NEW YORK COUNTY OF SUFFOLK SS: On this/4 day of ~-7~ in the year 2006 before me, the undersigned, personally appeared ~'~ n-,~,,e~,_~,-~c , 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 NEW YORK ) COUNTY OF SUFFOLK ) SS: On this/~ day of ~e~,-,~ in the year 2006 before me, the undersigned, personally appeared ~'~:~/~-,~-e,u , personal y 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. ~4 R E C O R D E D C O R R E C T I O N D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 07-0004883 TRANSFER TAX NUMBER: 06-19759 District: 1000 Deed Amount: Recorded: 01/17/2007 At:' 02:37:38 PM LIBER: D00012487 PAGE: 622 Section: Block: "~ Lot: 095.00 01.00 005.001 EXAMINED AND CHARGED AS FoLLOws $0.00 ReceiVed the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO COE $5.00 NO TP-584 $5.00 NO Cert.Copies $10.40 NO SCTM $0.00 NO Coxmn. Pres $0.00 NO TRA/qSFER TAX NUMBER: 06-19759 Exempt Handling $5.00 NO NYS SRCHG $15.00 NO Notation $0.50 NO RPT $30.00 NO Transfer tax $0.00 NO Fees Paid $118.90 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County D-FPT OF [AND p ~qcR '~ a ,Number of pages TORRENS Serial # Certificate # Prior Cfi. # 31 Deed / Mortgage Instrument ,!,? Page / Filing Fee ~P~ Handling 5. 00 TP-584 ~ Notation ~ EA-52 17 (County) EA-5217 (State) R.RTS.A. Connn. of Ed. Other Deed / Mortgage Tax Stamp FEES SubTotal 5. 00 15. 00 SubTotal Grand Total 4 IDist./00o [Section Real Properly Tax Service Agency Verification 050~i Recording /Filing Stamps Moltgage Ann. I. Basic Tax 2, Additional 'lax Sub Total Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual Gounty Held for Appointment Transfer Tax Mansion Tax The property covered by thi~ mortgage is or will be improved by ai one or two fanfily dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instiuulent. 5 Community Preservation Fund Consideration Amount $ CPF Tax Duc $ Improved Vacant Land TD TD Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: /7 17 I Title Company lnbrmati0n Suffolk County Recording & Endorsement Page This page forms pa~ of the attached ~ ~v~~Z~ade by' ~[~a~ ~~/~ SUFEO[ K COUNTY, NEW YORK. TO II~ the Towuship ot y~) (CORRECTt'ON INSTRUHENT INTENDED TO CORRECT NUMERICAL ERROR ON PAGE 1, 4th'WHEREAS'CLAUSE, 6th L]'NE~ on deed dated Oc%ober 19, 2006 and recorded on II/~/O/~ at Liber ~0001Z~?,7 p~ge ~Z~ GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT R[GHTS EASEMENT, is made on the 28th day of December, 2006 at Seuthold, New York. The parties are BADENCHINI FAMILY I TMiTED PARTNERSHIP, having an address of 37 Countisbury Avenue, North Valley Stream, New York 11580 (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 H//-/ERE4~, Grantor is the owner in fee simple of certain real property consisting of 23.75 acres located at 6375 Oregon Road, Cutchogue in the Town of Seuthold, Suffolk County, New York, part of SCTN# 1000-95-1-5, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "property"; and as shown on the survey dated February 11, 2005 and last revised September 20, 2006, prepared by 3ames B. Behrendt, L.L.S. W/-/EREAS~ the Property is located in the AC Zoning District of the Town of Southold which designauon, 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 280-12. The Property is designated aS part of Suffolk County Tax Hap Parcel Number 1000-95-1-5; and WHEREAS, the Property contains soils acres of soil classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County~ New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS'~ has provided $325,950 to the Grantee and for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, Stewart Title Insurance Company Title No: 25-S-0735 Schedule A Description Ail that certain plot, piece or parcel of land }ying and be/a~g at Cutchogue, in the Town of Southol& County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set on the northerly side of Oregon Road (North Road) distant 2667 feet (more or less) westerly from the comer formed by tho intersection of the westerly side of Duck Pond Road and the northerly side of Oregon Road (North Road) RUNNING' THENCE alortg the northerly side of Oregon Road (North Road) South 59 degrees 13 minutes 00 seco ~ds West, 209.60 feet lo the Easterly side of an easement; THENCE along said easement' 1 ) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2) South 56 degrees 01 minutes 30 seconds West 10.00 feet 3~ North 33 degrees 58 minutes 30 seconds West 2643.'71 feet to a monumem and land now or formerly Manzi Homes Inc.; THENCE North 58 degrees 03 minutes 35 seconds East, 311.28 feet to a concrete monument and land noxv or fon:aefly of Woodhaven Manor Real~' Corporation, File No. 9864; THENCE along said land South 34 degrees 44 minutes 10 seconds East, 2984.97 feet to a concrete monument and land now or formerly of Keleski; THENCE along said land Sout}~ 59 degrees 13 migrates 00 second~ West, 135.00 feet to a concrete monument; THENCE still alo~g said land now' m' formerly of Keleski South 34 degrees 44 minutes I 0 seconds East, 250.00 feet to t. be concrete monument first above-mentioned, to the point or place of BEGINNING. TOGETHER with all right, title aa~d interest of the party of the ftrst pmk., in aud to thc land tying in the street in tFont of and adjoining said premises. 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 Six Hundred Fifb/One Thousand Nine Hundred Dollars ($651,900.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, 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 Properb/unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as set forth in Stewart Title Report # 25-S-0735 and possesses the right to grant this easement. 0.02 Grantee~ 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 environmental, natural, scenic or agricultural values of the Property that foster 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 scenic, agricultural, environmental and natural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated February 11, 2005 and last revised September 20, 2006 prepared by -]ames B. Behrendt, L.L.S. and an Environmental Site Assessment dated May 9, 2005 prepared by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than the agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold and any additional uses permitted by amendment of such Law or Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE 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 PROHIBITED AC'TS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of tfie Town Code. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 DumDina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the property, including fertilization, composting and crop removal. 3.05 signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. All signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, except for drywells, 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 [qunicipal Law and /or defined in Chapter 70 of the Town Code, shall not be considered a commercial use. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural productions be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan'g prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.10 Conservation Comoliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on ,2006. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall 'take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRC$ has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised al~er the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the properb/. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership 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 LandscaDina Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property, except for the wooded area at the northern portion of the Property denoted on the survey dated February 11, 2005 and last revised September 20, 2006 prepared by James B. Behrendb LES., the southern boundary of which is shown as "Existing Wood Line". As to this wooded area, Grantor shall be prohibited from clearing or from removing vegetation, trees or shrubs. Notwithstanding, Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. 4.05 Aaricultural 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 NIunicipal Law and/or defined in Chapter 70 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of 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 necessary for agricultural production and lot coverage does not exceed two (2) percent of the Property; (iii) Renovation, maintenance and repairs of structures built pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE 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 Liability and Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and aU environmentally hazardous or toxic substances or materials whatsoever on or under the Property. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor warrants that it has no actual knowledge of a release or threatened release of any Hazardous IVlatedals on, at, beneath or from the Property. t4oreover Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the United States against ali litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous I~laterials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous ~4aterials contributed after this date to the Property by Grantee. 5.03 Annual Mowina Reauiremcnt In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIG PITS 6.0! Entry and [nsoection Grantee shall have the right to enter upon the Property at reasonable times, not more frequently than annually without Grantor's consent, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riohts 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 violaUon which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (i~) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses'~ in connection with any proceedings under this Section, as approved by the Court. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its prindpal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinauishment of Easement At the mutual request of Grantor, Grantee, and United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03 (Purpose), extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain approved in advance by the United States Department of Agriculture NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 (Purpose) herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 7.12 (Proceeds) herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandina This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 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 that were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.11 (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under Section 170(h) of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governino L~w 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 Interoretation 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 draft:ed by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney dratted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Continqent Riqhts of the United States of America In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture,. the said Secretary of Agriculture and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, transfer or otherwise divest itself of any fights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretary, all right, title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 7~..2%. 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 ProperLy). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 50%, and 50%, respectively, representing the proportion each party contributed to the purchase price of the easement 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: BADENCHZN! FAM!LY L!~VlZTED PARTNERSHZP, Grantor ACKNOWLEDGED AND ACCEPTED: BY: s~o"1-r A. R'U~SELL Supervisor Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. 13 State of New York~ ) County of O. ~ (~)¢~,~ {j ),ss: On the J~k-day of ~2g.~,.~ in the year 2006 before me, the undersigned, personally appeared Marilyn Cassidy Stephenson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement THAt.lA C. STATE OF NEW YORK ) ~m~d in A~ba.v Cou~ COUNI~K OF SUFFOLK ) SS: personally appeared z,-/~/,~,?~,~, 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 behatf of which the individual(s) acted, executed the instrument. COUNIY OF SUFFOLK ) SS: On this ~day ofl'~ct[n[¢m the year 2006 before me, the undersigned,' ' ' personally appeared~cofl g.!~xs~H , 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 I he instrument. Notary Public~-~' Oommls~on Expires Septernbm 30~,~ l 0 C:\Ny Documents\Anne\Town of Southold Deeds of Development Rights\BadenchiniEasement30[05.doc 14 T I T L E P 0 L I C Y ALTA O~ 'NE :~ 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 exceeding 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. STEWART TITLE® Countersigned by: EXCLUSIONS FROM COVERAGE Secretary The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, cosls, attorneys' fees or expenses which arise by reason of: 1 (a) Aoy law, ordinaace or governmental regulation (including but not limited to building aod zoning lows, ordinances, or regulations) restricting, regulating, plohibiling or Mating to (i) the occupancy, use, or enjoyment of the land; (ii) lhe character, dimensions or location of any improvement now or hereaflel erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any palcel of which the land is or was a part; or (iv) environmental protedioo, or lhe effect of any violation of these laws, ordinances el geveromefltal regulations, except la the extent lhat a notice of the enforcement theleof or a notice of o defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public recalds at Bate of Policy. (b) Any governmental police power not excluded by (a) above, excepl to the extenl that a notice of the exercise thereof or a notice of a defect, lien or encumblance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dote of Polio/. 2. Rights of eminent domain unless notice of the exemise thereof has been recorded in the public records at Date of Policy, but not exdudiflg flare coverage any taking which has occurred prio[ to Date of Policy which would be binding on the right~ of a purchaser for value without knowledge. 3. Defects, liens, encumbraaces, adverse claims or other mat'ere: (a) created, su[feled, assumed or agreed 1o by the insured ciaialant; (b) oat known to the Cmrlpany, not recorded ia the public records al Date of Policy, bu~ known to the insured claimaot and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage lo the insured claimant; (d) aHaching or created subsequent to Date of Polio/; or (e) resulBng in loss or damage whkh would not have been sustained lithe insuled clainlant had paid value for lhe estale or interest insured by this pobo/. 4 Any claim which arises out of the trausadioo vesting in tbe Iosured the estate al intelest insured by this polio/, by reason of the operation a[ fedelal bankruptcy, state insolvency, or simdal creditols' rights laws, that is based on: (a) the transaction cmatiog the estale al ioleresl insured by this policy being deemed a {raudulenl conveyance or flaudulent tlaosfer; or (h) tho transaction creating the estate or interesl insured by lhia polio/being deemed a preferential transfer except whom the pleferential tlansfel results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation 1o impatt notice to o purchaser for valae or a judgment or lien creditor. 0-8831- 3 6 8 8 8 2 NY-OOl (10 17 92) ALTA OWNER'S POLICY SCHEDULE A Title No.: 25-S-0735 Policy No.: 0-8831-368882 Date of Policy: October 19, 2006 Amount of Insurance: $651,900.00 1. Name of Insured: County: Suffolk The Town of Southold and The United States of America, by and through The Secretary of Agricultm'e, their successors and assigns 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: The Town of Southbold and The United States of America by and through The Secretary of Agriculture,their successors and/or assigns, who acquired Developmental Rights by virtue of a deed from Badenchini Family Limited Partnership, by deed dated 10/19/2006 and to be recorded in the Suflblk 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: 095.00 Block: 01.00 Lot: p/o 5, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY RightFa× 10119/2006 11:00:59 AM PAGE 003/003 Fax ALTA OWNER'S POLICY SCHEDULE B Title No.: 25-S-0735 Policy No O-8831-368882 EXCEPTIONS FROM COVERAGE This policy does not insnre against loss or daraage (and the Coral)any will not pay costs, attorney's fees or expenses) which arise by reason of: Policy will except the temps and conditions of the Grant of Development Rights Easement to be executed by the Grantor(s) m~d the Town of Southold. RIPARIAN EXCEPTIONS: A) No title is insured to any land now or formerly under the n,aters of "Long Island Sound': Subject to the rights of others to navigate the ,eaters of"Long Island Sound". C) Subject to the riparian rights of others to "Long Island Sound". DJ Riparian rights of the mener of the subject premises, are not insured. E) Rights of the governmental authorities to improve navigation and change bulkhead and shore lines without compensation to upland on,hers. Snrvey by Bnrlon Behrendl Smilh P.C, daled 02/11/2005 and lasl dated 08/30/2005, and last dated 9/20/06 shows subject premises as vacant land. (a) Existing wood line shown over nor~hcrly pat~ of premises. (b) Deer fence up to 5.0 feet East of most easlerly line. (c) Fuel tank mid well pump on concrete slab located. (d) 8 flint 9 fool wide did road w~ries wilh mosl caslcrly, soulherly and easterly lines. (d) Post ,and rail fence varies wilh parl of sontherly line. (e) Snow fcncc located m~ unspecified distance Noflh of most soulherly line. No olher variations or encroachments shown. Covenanls and Restrictions as set foi~h in Liber 12463 Page 946. Covenants and Restriclions as set forlh in Liber 12467 Page 210. 4613 (2/93 l'agc 3 $ T E W' A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company Title No: 25-S-0735 Policy No.: 0-8831-368882 Schedule A Description Ail that certain plot, piece or parcel of land lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set on the northerly side of Oregon Road (North Road) distant 2667 feet (more or less) westerly from the comer formed by the intersection of the westerly side of Duck Pond Road and the northerly side of Oregon Road (North Road); RUNNING THENCE along the northerly side of Oregon Road (North Road) South 59 degrees 13 minutes 00 seconds West, 209.60 feet to the Easterly side of an easement; THENCE along said easement 1) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2) South 56 degrees 01 minutes 30 seconds West 10.00 feet; 3) North 33 degrees 58 minutes 30 seconds West 2643.71 feet to a monument and land now or formerly Manzi Homes Inc.; THENCE North 58 degrees 03 minutes 35 seconds East, 311.28 feet to a concrete monument and land now or formerly of Woodhaven Manor Realty Corporation, File No. 9864; THENCE along said land South 34 degrees 44 minutes 10 seconds East, 2984.97 feet to a concrete monument and land now or formerly of Keleski; THENCE along said land South 59 degrees 13 minutes 00 seconds West, 135.00 feet to a concrete monument; THENCE still along said land now or formerly of Keleski South 34 degrees 44 minutes 10 seconds East, 250.00 feet to the concrete monument first above-mentioned, 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 fi'ont of and adjoining said premises. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 25-S-0735 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-368882 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 October 19. 2006 Stewart Title Insurance Company Signed by: Authorized Office or Agent Stewart Title Insurance Company 125 BaylJs Road, Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANy President ecretary STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OXx. qqER'S POLICY (10/17/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The forlowiug terms when used in this policy mean: Ca) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed tn the interest et the nnmed insured by operation of law as distinguished from purchase including, but not limited to, heirs, distlibutees, devisees, survivors, personal representatives, next of kin, el corporate or fiduciary successors Cb) "insured claimant": an insured claiming loss or damage. Cc) "knowledge" or "known": actual knowledge, not constructive knowledge el notice which may be imputed to an insured by reason of the public records as defined in this policy or any other lecotds which impart constructive notice of matters affecting the land. Cd) "land": the lend described el referred to in Schedule A, aod improvements affixed therelo which by law constitute real proper7 The term "laird" does not include any property beyood the lines of tile area described or refelred to Ju Schedule A, nor airy right, title, interest, estate or easement in abutting streets, loads avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent 1o wbich a fight of access to and [rom tile land is insured by this policy. Ce) "mortgage": mortgage, deed of trust, trust deed, or other security instrument (f~ "public records": Iecords eslabl]shed undel state statutes at Date of Pobcy for the purpose of imparting constructive notice of mailers relating to real property to purchasers for value and without knowledge. With iesped to Section ICa)Crv) of the Exclusions From Coverage, "public records" shall also include environmental plotection tiros filed in the recolds of the clerk of the United States district court for the district in which the land is located (g) "unmalketobdity of the title": an alleged or apparent mattel of Jecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by vittue of a contractual cendiDon requiting lbe dehvery of marketable Dtle. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in fmce as of Date of Policy in favor of ali insured only so long as the iosored retuins oe eslate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser fram the insured, or only so long as the insuled shall have liability by reason of covenanls of warranty made by tile insured Jo any tlansfer or conveyance of the estate or inteTest This policy shall not continue in torte in favor of any purchaser flom the insured of either (i) all estate or interest in the lend, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Tile insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4Ca) below, (ii) iu case knowledge shall come 1o on insured hereunder of any claim of title or interest which is adverse to the title to the estate m iuteresh as insered, and which mighl cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable If prompl notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that fedora to OOlJ~ the Company shall Jn no case prejudice the rights of any insured under lhis policy unless tile Company shall be plejudiced by the failure and then only to the extent of the prejudice 4. DEFENSE AND PROSECUTION OF ACi'IONS; DU17 OF INSURED CLAIMANT TO COOPERATE. Ca) Upon written Iequest by the insured and subject to the options cootained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and wJthoul unreasonable delay, shell provide fat the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interesl as insured, but only as to those stated causes of action alleging a defect, lien or eocumbraece or other matter insured against by tlds policy. The Cmopaoy shall have the Ught 1o select counsel of its own choice (subiect 1o tile right of tile insured to abject for reasonable cause) to represent the insured as to those stated causes of action end shall nol be liable for and will not pay the fees of any othe~ counsel. The Company will not pay any fees, costs or expenses incurred by the insured irl tile deJeose of those causes of action which allege mattms ual insured against by this policy Cb) The Company shall have the righh at its own cost, to institute nod prosecute any aclion el proceediog or to do nay other act elhich in its opioioo may be aecessaly or desirable to establish lbo title to lhe estate ur intemsk as insured, or to prevent or reduce loss or damuge ~o tile [asured. 1he Compaoy may take oey appropriate actioo raider lhe terols et this policy, whether or not it shall be liable hemundm, nod shall eel thereby concede liabdity or waive ney plovlsioa of ~Jlis policy If tho Cmllpaay shall exercise it rigbts under lhis paragraph, it shell de so diligeo~ly Cc) Whenever the Company shall have brought nn oct]on or interposed a defense as required or permitted by the provisions of this policy, the Company tony pursue any litigation to final determination by a court of competent julisdiction and expressly reserves the rigbb in its sole discretion, to appeal from any adverse judgmenl or order. Cd) In all cases where this policy permits or requires the Company tn prosecute or provide for the defense of any action or pcoceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals thelein, and permit the Company to use, at its option, the name of the insured fei this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Compeny all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful oct which in the opinion of the Compeny muy be necessary or desirable to establish the title to the estate or interest as insured. If the Company is preiudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, plosecute, or continue any litigation, with regard to tile matter or matters ~equiring such cooperation. 5. PROOF OF LOSS OR D~AGE. lo addition to and after the notices required under Section 3 of these Condilions nnd Stipulations have been provided the Company, a proof of Joss or damage signed and sworn to by the insured claimant shall be fucnished to the Company within 90 days after the insured claimant shall ascedain the facts giving rise to the loss or damage. Fha proof of loss or damage shall describe the deled in, or lien or encumbrance on the title, or other mattel insured against by this 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 the Company is prejudiced by the failure of the insured claimant to provide the required pleat of loss or damage, the Company's obJigalions to the insured under lhe policy sba[I terminate, including any liability or obligaDon to defend, prosecute, or continue any litigation, witb regald to the mailer or matters requiring such proof ~f loss or damage. In addition, lhe insured claimant may reasonably be required to submit to exaolination under oath by any authorized representative of tb~ Company and sba[I produce examination, inspection and copying, at such reasonable limes and places as may be designated by any authorized replesentative of the Company, all records, books, ledgers, checks, correspondence end memoranda, whethel healing a dote before or after Date of Policy, which reasonably pertain to tile loss or damage. Folther, if requested by ney authorized representative of the Company, the insured claimant shall grant its perroissioe, in writing, for any authorized representative of the Company to examine, inspect and copy all mcmds, books, ledgers, checks, corresporldence and memoranda in the custody or control et a third per7, which reasonably pertain to the loss el damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment et the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for exominaDon under oath, produce other reasonably requested information or giant permission to secure masonahly necessely information from third parties as required in this paragraph shall terminate any liability of the Company unde~ this policy as to that claim. 6 OPTIONS TO PAY OR OTI~ERWISE SE1TLE CI~dMS; TERMIHATION OF LIABILI'PL In case of a claim undel this policy, the Company shall have the following additional options: Ca) To Pay or Tender Payment of tile Amount of Insmance. To pay or tender payment of the amount of iasuraoce under this policy together with ney costs, attorneys' fees ned expenses intuited by the insured claimanh which were authorized by the Compaoy, up to the time of paylannt el lender of payment end which the Compauy is obligated 1o pay. Upon lhe exercise by lhe Company of this option, all liabiliTy and obligatious to the insured under ~hJs policy, other than to make the payment required, shall terminate, including any liubilil? or obligation to defend, prosecute, or continue any litigation, end the policy shall be surrendered to the Company for cancellation. Ch) To Pay or Otherwise Seltle With Parties Other tbao tbe Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties fei or in tile naale of an insured cJaimaol ally cJaJol iosured aguglst undel this policy, logelJmr with any cosls, altomeys' tees and expenses incurred by the insured claimant which were authorized by the Compaoy up to lhe Dnln of payment and which the Company is obligated to pay; or (ii) 1o pay or olherwise settle with tile [osumd claimant tbe loss or damage provided for under this policy, togethel with any costs, attorneys' fees and expm/ses iocurred by tire insmed clainmrlt which were authorized by the Cornpooy up to the time of payment arid which tile Company is obligaled to pay tcontinued and concluded on last Daoe of Ibis oolicv~ CUNUI I IUNJ5/~NU ~ I II'U L/~ I IUN~5 I;ontmuea (continued and concluded from reverse side of Policy Face) Upon the exercise by lhe Company of either of the options provided for in paragraphs (h)(i) or (ii), the Company's obligations to the insured under this policy for the claimed less or damage, other than the payments required to be made, shall terminate, including any licbihly or obligation to defend, prosecute or continue any litigation. 7. DETERMIIIATION, EXTENT OF LIABILIh' AND COINSURANCE. This policy is c cantract of iodemnity against actual monetary loss al damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of mailers insured against by this policy and only to the extent herein described. (a) The liahiliiy of the Company under this policy shall not exceed the least of: (i) the Amauot af Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate ar interest as insured and the value of the insured estate m interest subject to the defect, lien or encumbrance insared against by this policy. (b) tn the event the Amount of Insurance stated in Schedule A at the Dote of Policy is less lhan 80 percent of the value of the insuled estate or interest or the full consideration paid for the estate al interest, whichever is less, m if subsequenl to the Dole of Policy an improvement is erected on the land which iocreases the value of the insured estate or interest by at least 20 percent over the Amount o[ Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequenl implovement hue been made, as 1o any partial loss, the Compcny shall only pay the loss pro rata in the proportion that the amount of insurance Date of Policy bears to the total value of the insured estate or interest at Date a[ Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount Insurance stated in Schedule A bears to the sum of the Amount o[ Insurance stated in Schedule A and the amoonl expended for the improvement. The provisions of this paragraph shall not apply to costs, cHorneys' fees end expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in lhe aggregate, 10 percent of the Amount of Insurance slated in Schedule A. (c) The Company will pay only those costs, oHomey's Ieee and expenses incurred in accordance wgh Section 4 of these CondiDons and Stipulations. 8 APPORTIONMENT. ff the land desclibed in Schedule A consists of two or mom parcels which ale nar used as a single site, and a loss is established affecting one or mole of the parcels hut not all, the loss shall he computed and seHJed oe a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy af each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liahili~ or voJae has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issucnce of this pobcy and shown hy an express statement al by an endolsement attached to this policy. 9. LIMITATION OF LIABILI'['/. (a) If the Company establishes the title, al removes the alleged defect, lien encumbrance, or cures the lack of a right of access to or from the land, ar cores the claim of unmarketahilgy of rifle, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to lhat mattm and shall not he liable for any loss or damage caused thereby. (h) In the event u[ any litigation, including litigation by the Company ar with the Company's consent, the Company shall have no liahilily for loss or damage until there has been a final determination by a court of competent jorisdidiou, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liahJe for ross or damage to any insurad for gabdgy voluntarily assumed by the insured in settling any claim or suit without the prior wriHen consent of the Company. 10. REDUCTION OF INGIJRANCE; REDUCTION OR TERMINATION OF LIABILI1Y. All payments undel this policy, except payments made far costs, attorneys' fees and expenses, shall reduce the amount o'~the insurance pro tanto. 11. LIABILIP/NO NCUMULATIVE. N is expressly understood that Nm amount o( insurmlce uodel this policy shall be reduced by uny amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which lbo insured has agreed, assumed, or laken subject, or which is hereafter executed by an insured and which is a chalge al lien on estate or interest described or rarefied to in Schedule A, and the amount so paid shall he deemed a payment under this policy to the insured owner. 12 PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been Iosl m destroyed, in which case proof of loss or desi?udioe shall he furnished to the sclisfactioa of lhe Company. (b) When liabilily and the extant of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SEITLEMENT. (a) The Company's Right of SubrogaNoe. Whenever the Company shall have seltled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffeded by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or ploperiy in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall tronsfm to the Company all rights and remedies againsl any person or propm~ necessary in order 1o per,eot this right of suhrogaDan. The insured claimant shall permit the Company to age, compromise or sei?le in the name of the insured claimant and to use the nome of lhe insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of tile insured claimant, the Company shall he suhrogated to these rights and remedies in the proportioo which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, hut the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost lo the Company by reason of the impairment by the insured claimanl of the Company's right of subrogation. (b) The Company's Righls Agl]inst Non-insured Obligo[s. The Company's right of subrogation against non-insured obligors shall exist nad shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained Jn those iostruments which provide for subrogation rights by reusun of this policy. 14. ARBITRATION Unless prohibited by applicable Iow, either the Company or the insured may demand arbitration pursuant 1o the Title Insurance Arbitrat}on Rules of the American A~hitration Association Arbitrable matters may include, but are not limited to, any controversy or claim betwaea the Company and the insured arising out of or relcting to this policy, any service of the Company in connection with its issuaece or the breach of a policy provision m other obligation. All arbitrable mai?ers, when the Amouat of Insurance is SI,O00,OO0 or less shall be arbitrated at the option of either the Company al the insured. All arbitrable mai?ers when the Amount of Insuraace is in excess of S1,000,000 shall be arbitlated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitlat[on is mode or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award ai?orneys' fees to a prevailing parly. Judgment upon the awuld rendered by lhe Aibitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Compcny upon request. 15. LIABILIff LIMITED TO THIS POLICY; ~LICY ENTIRE CONTRACT. (o) This policy together with all endorsements, if any, atiached hereto by the Company is the entire policy and contract between the insured and lhe Company In interpreting any provision of this policy, this policy shall be construed as u whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises oul of the status of the title to the estate or internal covered hereby or by any action asserting such claim, shall be restricted ta this policy. (c) No amendment of or endorsement to this policy can be made except by a wilting endorsed hereon ar aHached hereto signed by eiffel the President, a Vice PJesJdant, the Secretary, an Assistant Sacrelary, or validating officer m authorized signatop/of the Company. 16. SEVERABILrJY. In the event any provision of the policy is held invalid ar unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17 i'tOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the numbel of this policy and shall he addressed to the Company at 300 East 42od Street, New York, New York 10017 STEWART TITLE~: STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street 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 -~2-3. ~5~acres of active farmland and/or ~' acres of non-farmland, situated at Suffolk County Tax Map No. 1000-95-1-p/o5 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 paragraphs (b) Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD SCOTT A. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 and (c) of section 305(4) of the Landowner BADENCHINI FAMILY LIMITED PARTNERSHIP DENCHINI 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 ) COUNTY OF ) )SS: PATRICIA L. FALLON Notary Public, St~,t? Of NewYork No. 01F,&$!50'i46 Qu~!i ;ed h~ ',!:u! o k County Commission Expires April 24, On the /'~] day of ~g~,". ,2006, before me personally appeared LUIGI BADENCHINI, 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 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 Town 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 444 Grantor: Badenchini Family Limited Partnership Liber: D12487 Page: 622 NOTE: corrects a CE not on file with DEC 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 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 (corner 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, 5t~ Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry BADENCHINI FAMILY LIMITED PARTNERSHIP to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded correction 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 #: Badenchini Family Limited Parmership Town of Southold January 17, 2007 D00012487 622 6375 Oregon Rd, Cutchogue 23.75 acres 1000-095.00-0l .00-005.001 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 enc. cc: Badenchini Family Limited Partnership - 37 Countisbury Ave, N. Valley Stream, NY 11580 w/o enc. G R A N T I N F O R M A T I O N Company/Individual Name SOUTHOLD 116001939124016 ACCT: 680000320 Trace Number Type Amount 10103615-2337269 DEPOSIT $325,950.00CR $o.oo REOUEST FOR ADVANCE OR REIMBURSEMENT USDA-NRCS I~UMeEREMPLOYEe .ID[HTIFICATIOk 7, OR Iol~iT~lMO ~UIIER 11-6001939 Town of Southold Land Preservation Dept. ~530q5 Route 25 P.O. Box 1179 ~.~Po~,~ Southoid, NY 11971-*0959 Budget, No. 80-R0183 . ,73-2C3 [-5-836 8, PERIO0 ~OVERED BY THIS REQUEST COMPUTATION O1~ AMOUNT OF REIMBURSEMENTE/AOVANCE$ REqU£aTEO (~) ....... (~,) (a) pROORAM$/FUNCTIONS/AOTIvITIF..q I~. , FRPP TOTAL (Aa of dc~te) ~. Total program oUUayI t~.date $651,900 $ $ $ 651~900 b, [,~ea: Cumulative pro~ran~ Income a, Her ~ogram outlays (~ne · m{n~ fl., 651,900 651,900 period ~ , e. Total (Su~o[l{~eae~d) ~51,900 651 , 900 t No~-~ ~"~ ~ ~mo~ ~ ~0~ ~ 325,950 325,950 ~. ~ ~p~ ~ ~m~m ~ fl,~ ~ 325,950 325, ~5~ mm~ fl~ ~ 325,950 325,950 12. ALTERNATE COMPUTATION FOR ADVAN[:ES ONLY a. Estimated Federal cash outlays that will ba made during period covered by the advance c. Amount requested (f~'ne (~ ~n~tzu~ I{ne 6) I certify that to the best of my k.owledg~ Jafld bailer the data above ere correct and Ti~l~ epar. e for agency ute Scott A. Russell Southold Town Supervisor FIOV 1 6 2006 631)765-1889 P R O P E R T Y R E C O R D S BADENCHINI FAMILY LIMITED PARTNERSHIP TO TOWN OF SOUTHOLD SCTM #1000-95-l-plo 5 Location: 6375 Oregon Road, Cutchogue 23.75 acres Development Rights Easement Closing held: October 19, 2006 Supervisor Scott A. Russell and Luigi Badenchini MELISSA A. SPIRO LAND PRESERVATION COORDINATOR lnelissa.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 t 1971-0959 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 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Melissa Spiro, Land Preservation Coordinator October 19, 2006 BADENCHINI FAMILY LIMITED PARTNERSHIP to TOWN OF SOUTHOLD plo SCTM #1000-95-1-5 Development Rights Easement - 23.75 acres Please be advised that the Town has acquired a development rights easement on the agricultural farmland listed below. If you would like additional information regarding the purchase, please feet free to contact me. LOCATION: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: FUNDING: MISCELLANEOUS: 6375 Oregon Road, Cutchogue Badenchini Family Limited Partnership Thursday, October 19, 2006 $651,900 (based on 21.73 acres @ $30,000/buildable acre) 32.74 acres 23.75 acres CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. The development rights easement is identified as Parcel #5 on an approved conservation subdivision map of Oregon Landing II. The easement area includes 2.02 acres of subdivision open space that was not included in the easement purchase price. · File '¢iew Toelba~ Help Double click I:o open a window File '¢ie,,.'.~ Toolbar Help 'l~h~ J6~G ,Ii ffev ltu~t; R~!I~!~O00 CUn' ~ :: ~'~ AV' 3 ~UU ~7~ O~e~b6 ~d Land ~ ze: 23_75 ac[e~ ~axable ~al~e~ ~ ~ Mi~eella~eou~ ~e g Ro~khall Ln ~8 GS1 10/25106 3 GSO ~O0 ManZ~ loseh G ~ ~::'c File View Toolba~ Help }5_-1-5 473889 Southold ¢e!jte R?$1 School: Mattluck School B~dench ni Fami~ Ptfship L~d ~eH?~:r: ~ Curl ~: , ~[el~:~mp~ ::: Lend AV: 12.000 G~5 ~reg~::Rd ~ :~6¢~e 33.20 acfe~ ~erne Bandench n Famii~:Pt~hip Lid ~o~Y !2.000 Book: 12294 Addl Addr Muni: 12.000 Page' 095 Street: 37 Count sbur~ Ave : School: 12.000 Mo B0 Bo~: Bank Cty N Valey Stream. NY Zp 11580- Sch] a~e~ar: 12.000 Acc. No: 13 Sale Total 0 Site 1 Book Page Sale Date Sale Price Owner Rrpcb: Field crop= Nbhd ~d: O Say, er: ~/ater: U tilities: E~em~tien ?otal: O T~rm Own Buildin9 Total: 0 Coae Amount Year Pct Special District Total: 4 Vabe/ ~ mpm~ement Total: 0 Code Units Ret Type Move Tek ~ Type Name Dim1 Dim2 SQFT Yr Built FO029 Cutchogue FE .00 .00 BE090 Cutch:New S~ .00 00 Double click to ooan a v.qnaow ~r Start Inbox HicrosoFt Outlook ~.i RPS Version 4- [Snop... PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND October 17, 2006 PIANNING BOARD OFFICE TOWN ( ) F S(;)I FI'i l ( )Li~) 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 Mr. Joseph Manzi P.O. Box 702 Rocky Point, NY 11978 Re: Proposed Cluster Conservation Subdivision of Luigi Badenchini/ Oregon Landing II Located n/o Oregon Road, 135'+ west of Alvah's Lane in Cutchogue SCTM#1000-95-1-5 Zoning Districts: R-80/A-C Dear Mr. Manzi: The Southold Town Planning Board, at a meeting held on Monday, October 16, 2006, adopted the following resolutions: The public hearing was closed. WHEREAS, this proposed clustered conservation subdivision of a 32.73-acre parcel into 5 lots where Lot 1 equals 2.07 acres; Lot 2 equals 4.37 acres, inclusive of a 2.36 acre right-of-way; Lot 3 equals 1.18 acres; Lot 4 equals 1.24 acres and Lot 5 equals 23.75 acres upon which the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, on November 8, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared Anthony Abruzzo, ES. dated October 30, 2003 and last revised on June 11,2004; and WHEREAS, on December 13, 2004, the Southold Town Planning Board issued a Negative Declaration for the proposed project pursuant to SEQRA; and WHEREAS, on July 11, 2006, the applicant submitted one (1) copy of the New York and WHEREAS, on September 6, 2006, the applicant submitted the application and fee for final plat approval, the park and playground fee in the amount of $10,500, one (1) copy of the filed Declaration of Covenants and Restrictions, 16 copies of the final plat and one (1) Irrevocable Letter of Credit #060831 in the amount $308,024.24; and WHEREAS. l)yResolution No. 2_006-762,' ¢ the Town Board accepted the Letter of Credit Badenchini/Oregon Landing II Page Two October 17, 2006 WHEREAS, on October 11, 2006, the applicant submitted a revised Letter of Credit # 060831A in the amount of $290,589, the administrative fee in the amount of $17,435.34 and eight (8) paper prints and five (5) mylars of the final map prepared by Wallace T. Bryan, L.S. and Jeffrey T Butler, P.E., dated March 22, 2005 and last revised on August 15, 2006, each containing the Health Department stamp of approval; and WHEREAS, on October 13, 2006, the applicant submitted one (1) copy of the Road and Maintenance Agreement which shall be filed simultaneously with the final maps in the Office of the County Clerk; and WHEREAS, the Southold Town Planning Board finds that all conditions of conditional sketch approval have been satisfied; be it therefore RESOLVED, that the Southold Town Planning Board hereby accepts the revised Irrevocable Letter of Credit No. 060831A in the amount of $290,589 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board recommends that the Town Board release the previously accepted Irrevocable Letter of Credit #060831 in the amount of $308,024.24, to be replaced by the revised Irrevocable Letter of Credit No. 060831A in the amount of $290,589; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Final Plat ,Approval upon the map prepared Wallace T. Bryan, L.S. and Jeffrey T Butler, P.E. dated March 22, 2005 and last revised on August 15, 2006, and authorize the Chairperson to endorse the maps, which shall be filed simultaneously with the Road and Maintenance Agreement in the Office of the County Clerk. No construction activities shall take place until the Road and Maintenance Agreement has been filed in the Office of the County Clerk and a copy has been submitted to the Planning Board. In addition, a copy of the Deed of Development Rights Sale shall be submitted to the Planning Board upon completion of the sale with the Town of Southold. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Very truly yours, Jerilyn B. Woodhouse Chairperson L1 li,,,,n¢, ,,c Si)fro. I_and Prc~se~ve~fion(,o(>rchn;:~t()i~ ' File View Toolbar Help Double click'~o open a Window ~UffffOLK COOt~Z C?.~.R.K 9~CORDS R~CORD'rNG ~ of' Tne~..L-ument: D]sJr, u N,,,-~',t= of' Page,.: 4 Reoo4pt Nl,,-t,-s= : 08-006'/605 TItAI~S~,~ TAX h'UHBER: 07-32031 L000 Deed ~aount: I~ooz'cled: LZBER:' PAGE: Seot~on: B~ook: 095.00 01.00 $775,000.00 l~ce~ved 'oho FoZlow~ng Fee,. Fo~ ,M:)ovo Zns~-ument TPJt~SFER TAX h~[BER: 07-32031 THIS PJt~E ZS A PART OF THE INHTRI~HT ,.Tud:LthA. P&`"oaZo County CLo=k, Su££olk County 0'//15/2008 0~:43:02 D00012558 052 005. 002 $5.00 $15.00 HO $165.00 $0.00 NO $30.00 NO $0.00 NO $3,342.00 of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Page I Filing Fee Handling TP-584 Notation EA-52 17 (Count),) EA-5217 (State) (~t~TM m. of Ed. 5. 00 AflTdnvit Certified Copy NYS Surcharge 15. 00 Deed / Mortgage Tax Stamp FEES Sub To~l Sub Total R~I)ED 200~ J'u! 15 01-'4:3'-02 PH Judith ~. Pa~:a]e O.E~ OF L D00012'5.~ DT# Recording I Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional T'~ Sub Total SpeeJAssit. or Spec./Add. TOT. MTO. TAX Dual Town ~ Dual County Held for Aplx~intment T,~sl~· T~ ~ } o 0 Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO Other Grand Tots, ~ ~'~{f NO, see approprial~ tax clause on %~.~l,4~aL, e # -- -- of this instrument. 5 Commn'lt:~r Prosorvatioli l~nd Ito.o 08017026 xooo oosoo oxoo 005002 Dist. ~ Se~i~ ~uu~, / ~ ~ · a~cnc~ ~ /I s ~nficauon ~ 6 Satisfactions/Discharges/Releases List Prope. y Owners Mailing Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County O{erk 310 Center Drive, Rivothoad, NY 11901 Improved Vacant Land TD Dial 1000 Sect 095.00 BIh. 01.00 Lot 005.002 CONSULT YOUR LAWYER BEFORE SIGNING "/'Hle INSTRUMENT THIS INSTRUMENT 8HOULD BE U~d:l BY LAWYERS ONLY THIS INDENTURE, made this / day of ,-/"~ I~ , two tho~suqd eight. BETWEEN John Eleik, az Treslee of the Jazeph G. Maezi, Jr. Irrevoeable Treat dated 3/28/90, with an address of 9 Roekholl Lone, Reeky Point, New York 11778 Party or,he tim pan, and Fernnndo Bustamante, residing at 779 Montaek Highway, WatermilL New York 119S2 Party of the second part, WITNESSETH, that the paw/of the first part, in consideration of Ten ($10.00) Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL, that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being known and designated az follows: SEE SCHEDULE "A' ATTACItED HERETO Said l~mises being more commonly known as Lot S Oregon Road Cutehogue, New York 11935 II~ ~e ~e premiss ~ ~nv~ to the ~ of the tim ~ by a d~ ~ 10~5/~ ~ I 1/15/~ in Liar 1~78, ~ge ~1 in ~ ~ ofthe S~olk ~unty TOGETHER with all right, title and interest, if any, of the party of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof: TOGETHER with thc appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, thc heirs or successors and assigns of the party of the second part forever. AND the pony of the first part covenants that the party of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first pan, in compliance with Section 13 of the Lien Law, covenants that the party ortho first part will n.'ceive the consideration for this conveyance and will hold the right to receive such consideralion az a mast fund to be applied first for the purpose of paying the cost of the improvement and will apply the samo first to the STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On this .~ d~.¥ of ,.~,~"~L '7' in thc ~or ~,.o :hous;md ei~hl, befm. e me thc u~dmisond, p~t~m3Uly ,p~ job" KI;ik, pa;tonally k.own lo mc or proved to mo ;m tho besis or s~i.r~o~ c~id=cc to be ~ individual(s) whoso n;m~c(s) is (ar~) subs~bed to thc within insmtmel~t ;md ~lamwtedB~cl to mc ~ hc/She/thL~, cxccuccd thc same in hLs~-r~h~r capacit)ti~) ;md that by his/hcr/th~r si~nal,re(s) on th~ inslmmcnL the individual(s), or thc pen;o, upon bclmlf of v. tlich the individm~$) oozed, executed tim imm~ment. Nomr~ Public STATE OF NEW YORK ) COUNTY OF ) On this dnyof in the ~,~sr tv~ thous;md four. before me the unde~cd, pe~o;mlly nl~ · pm~ .~ brown to me or proud lo me on the ImJs of satisf~___.,~, evkle;me m be Ute individual(s) v,~ose ~ (n~) .su..b~.'lx:d to IbC within i.n? .meat ;md acknowledged to me that hc/dte/t~ cxeculcd ~ sam= in _~'~nini~ ~ .c~=~. ! .~ ,~s. ).m~ .d~ by h~r ss~n~ure(s) ;m U= m.q=um=c the IndivlduaKs), or U= Imr~xt upon beh~df u Will,Il ~IC IonlVI~II~,KSj ~C~, ~C~CU~I ~ 1115~1111CIIL Notary Public BARGAIN AND ~LE DEED W'~tk Co~enant A~ainst Grantor Manz. i Trust Bustamante DISTRICT: 1000 SECTION: BLOCK: 01.00 LOT (S): 005.002 COUNTY OF SUFFOLK Lot 5 Oregon Road Cutehogue, New York i 1935 J RETURN BY MAlL TO: Anthony T. Conforti, Esq. C. ,., .,. 't Underwater No. COMMONWEALTH Title Number FL1-05546-S S.chedule A Description Page Amended 06-24-06: ALL that certain plot, piece or parcel of land situate lying and being at Cutchogua, Town of Southold, Suffolk County, New York, known and designated as Developmental Rights Pamel as shows on the map entitled "Final Map of Clustered Conservation Subdivision of Oregon Landing I1", and filed in the Suffolk County Clerk's Office on October 30, 2006, as map number 11457 and being bounded and described according to said map as follows: BEGINNING at a monument set on the northerly side of Oregon Road (North Road) distant 2667 feet (more or less) westerly from the comer formed by the intersection of the westerly side of Duck Pond Road and the northedy side of Oregon Road (North Road) said point also being the easterly line of above mentioned Developmental Rights Pamel and the westerly line of pamel now or formerly of Keleski; RUNNING THENCE along the northerly side of Oregon Road (North Road) South 59 degrees 13 minutes 00 seconds West, 209.60 feet to the easterly side of an easement; THENCE along said easement: 1) North 33 degrees 58 minutes 30 seconds West 582.85 feet; 2) South 56 degrees 01 minute 30 seconds West 10.00 feet; 3) North 33 degrees 58 minutes 30 seconds West 2643.71 feet to a monument and land now or formedy of Manzl Homes, Inc.; THENCE North 58 degrees 03 minutes 35 seconds East, 311.28 feet to a concrete monument and land now or formerly of Woodhaven Manor Realty Corporation, File Number 9864; THENCE along said land South 34 degrees 44 minutes 10 seconds East, 2984.97 feet to a concrete monument and land now or formedy of Keleskl; THENCE along said land South 59 degrees 13 minutes 00 seconds West, 135.00 feet to a concrete monument; THENCE still along said land now or formerly of Keleski South 34 degrees 44 minutes 10 seconds East, 250.00 feet to the concrete monument first above mentioned, to the point or place of BEGINNING. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD 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 MEMORANDUM To: Mike Verity, Chief Building Inspector ~' Melissa Spiro, Land preservation Coordinator ~' From: Jerilyn B. Woodhouse, Chair Members of the Planning Board Date: January 5, 2009 Re: Site Plan Use Determination for Warrens Nursery SCTM# 95-1-5.2 JAN - 6 2009 DEPT. OF LANO PR[SERVATION The Planning Board received your recent Notice of Disapproval for the above referenced property where a site plan approval was required. After reviewing the site, the Board has reconsidered its recommendation, and has made the determination that the proposed 48'x105' agricultural storage barn should not require site plan approval for the following reasons: The proposed storage building is approximately 300 feet back from Oregon Road. The location of the building shown on the survey would protect the scenic vista from the road. The land is used for agriculture and the proposed building is for storage of agricultural equipment. This would not be considered an intensification of use of the property. The farm is not open to the public and will not require an increase in parking needs for employees. The location of the storage building would not require a buffer and meets the required setbacks for an Agricultural Conservation District. Currently, there is an existing tree line to the south/east of the subject parcel that creates a buffer from the adjacent property. Please contact this office if you have any questions. Thank you. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town,southold.ny.us Telephone (631) 765-571 l Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Rou~e 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 November 21, 2008 Leigh Goodstein Project Supervisor Warren's Nursery 779 Montauk Highway P.O. Box 566 Water Mill, NY 11976 Re: WARREN'S NURSERY, Oregon Road (f/k/a Badenchini) SCTM #1000-95-1-5.2 Request for Land Preservation Committee Review of proposed agricultural storage building on property on which Town owns a development rights easement Dear Ms. Goodstein: The Land Preservation Committee Members, in accordance with Section 70-5C.(2)[3] of the Town Code and Section 4.06 A. of the recorded easement, reviewed the request you outlined in a letter dated November 14, 2008 for an agricultural storage building and the revised sketch submitted on November 19, 2008. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 4.06 A. of the easement allows: "lmprovemenl~s 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" and 4.06 A.(ii) "new construction, provided such structures are necessary for agricultural production and lot coverage does not exceed two (2) percent of the property." Section 4.06 B. requires that "Any allowable improvements shall protect prime agricultural soils, agricultural production open pace and scenic vistas, and otherwise be consistent with the Purpose of this Easement." The Committee is approving the use you requested, as listed and clarified below, to be allowed within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. The original request designed the building with the longest side facing Oregon Road. The Committee requested that the building be rotated 90', resulting in the shorter side facing Oregon Road. The Page 2 November 21, 2008 Re: Warren's Nursery Committee made this request to protect the scenic vista from Oregon Road. The attached survey dated November 19, 2008 complies with the Committee's request, 1. Construction of a 48' x 105' Morton Style building to be located on the south side of the property as shown on the revised survey dated November 19, 2008. 2. Building use is to be for storage of equipment used on the farm. No parking, office use or other uses were proposed, reviewed, or approved by the Land Preservation Committee. Please note that the Committee's approval of the uses within the easement does not mean that such uses will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding this request. Sincerely, Melissa Spiro Land Preservation Coordinator MS:md encs.: 11/14/08 request letter and 11/19/08 survey cc: Planning Department w/above encs. Building Department w/above encs. 77 MONTAUK HIGHWAY P.O. BOX 566 WATER MILL NEW YORK 11976 TEL 631-726;4767 .FAX 631-726-9512 ONLINE EMAIL: LANDSCAPE DESIGN GARDEN SHOP LANDSCAPING LAWN MAINTENANCE MASONRY NURSERY November 14, 2008 Melissa A. Spiro, Land Preservation Coordinato Department of Land Preservation Town of Southold Southold Town Hall Annex 54375 State Route 25 Southold, NY 1:1.97! Re: Premises: Warren's Nursery Agricultural Building SCTM#: 1000-95~1-5.2 Oregon Road, Cutchogue, NY NOV 1 8 2008 DEPT. OF LAND PRESERVATION Dear Melissa: The purpose of this letter is to provide you and the Land Preservation Committee with an opportunity to review the a oove referenced proposal, which involves the construction of an agricultural storage building on land currently used for the cultivation of nursery stock. By way of history, this property was subdivided in 2006 under the name Oregon Landing II. The subdivision of the approximately 32 acres ultimately created four estate-sized housing lots and the subject property, a 24 acre tract of open space. The Town of Southold purchased the development rights to the open space and this company purchased the land in fee simple following that. Since that time, the land has been used only to grow plgnts, and is at this' time in need of a structure to store heavy machinery andother equipment related to the use onthe property. To that end, we propose to construct an approximately 4,800 square foot storage building. Elevations and a floor plan as well as the buildings specs, all prepared by Morton Buildings, .Inc. are attached hereto. In addition, also included for your review are color photographs of an identical building this company constructed on a farm In 8ridgehampton. The proposed building will be corn pliant with the conditions of the development rights contract in that it will be used solely in connection with' the agricultural use and will be compliant with the 2% cap on lot coverage. Als0 enclosed please find a copy of the filed map, which has been modified to include the area of proposed construction. Please be ad¥ised that this location has been chosen for the following reasons: Ease of use.'The building is located on the area of the property near to Oregon Road so that trucks and equipment need only traverse a minimal amount of property; and 2. Residential Neighbors, The proposed building has been located a substantial distance from the residentta[Iots to the northwest. 3. Cost; The cost of i'unning utilities farther into the property would be considerably more expensive. It is.not~worthy to mention that the area Of property along Oregon ROad'and to the southeast bf the proposed building is'presently, and Will be in the future, planted with nursery stock, which will eventually g~'ow to a great enough he ght to screen the proposed I~arn from the street. -~ Tha. nk yOU for your attention tO this matter. Should you have any question~ or require any further clar~fication~ p'l~ease do nc~t hesitate to ~ontaCt Very truly yo~rs,~ Project Supervisor ~.5884#ABS. No. FILED OCT)O 1006 APPROVED BY 2 0 0 8 U S E R E V I E W R E Q U E S T A E R I A L S S U R V E Y AREA SUFFOLK MAP OF ON LANDING SITUATED AT TC TOWN OF COUNTY, OGUE SOUTHOLD NEW YORk( / 23.75_+ SCALE: 1" = 12000' 1,054,517.7_+ S.F. ACRES DIRT ROAD FINAL SURVEY FUEL TANK BIRr NOTES: 1 LOTS SHOWN THUS 2. SUBJECl [LOT 5] REFER TO UNFILED MAP PROPERTY ADDRESS. OF CONSERVATION SUBDIVISION 6375 OREGON ROAD, CUTCHOCUE, NEW YORK 11935 OF OREGON LANDING tHE EXISTENCE OF RIOHT OE WAYS AND/OR FASEMENTS OF RECORD, d: ANY, NOI' SHOWN ARE NOT GUARANTEED Tills SURVEY WAS PREPARED IN ACCORDANCE WITH TIlE EXISTING CODE OF PRACTICE FOR LAND SURVEYORS ADOPTED BY 1HE NEW YORK STA E ASSOCIATION OF DROFESSIONAL I_AND SURVEYORS. ANY ALTERATION OR ADDITION 10 THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW COPIES OF ThIS SURVEY MAP NOT BFARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY NO OFFICIAL OF (HIS STATE, OR OF ANY CITY, COUNTY, TOWN OR VILI AGE THEREIN, CHARCED WITH THE ENFORCEMENT OF LAWS, ORDINANCES OR REGULATIONS SHALL ACCEP/ 017 APPROVE ANY PIANS OR SPECIFICATIONS 1HAT ARE NOT STAMPED. CERTIFICATIONS INDICATED FIERFON SHALL RUN ONLY lC THE PERSON FOR WHOM THF SURVEY IS PREPARED, AND ON Ills BEHALF TO TIlE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDINC INSII1UTION LISTED RERFON AND TO HE ASSICNEES OF TIlE LENDING INSTITUIlQN.CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS 017 SUBSEQUEN'I OWNERS. SCALE: 1" -- 120.00' DRWG. BY: B.p.c./s.B, CHK BY: J.B B. 04951 BURTON BEHRENIDT SMIITH PC BOUNDARY AND TOPOGRAPHIC SURVEY OF DESCRIBED PROPERTY SITUATED AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK SURVEYED: FEBRUARY 11, 2005 SET MONUMENTS: AUGUST 50, 2005 CERTIFIED TO: TOWN OF SOUTHOLD STEWART TIFLE INSURANCE COMPANY THE UNITED STATES OF AMERICA BY AND THROUGH THE SECRETARY OF AGRICULTURE NOTICE THIS DRAWING, PREPARED FOR TFIL SPECIFIC PROJECT INDICATED, IS AN INSTRUMENT OF SERVICE AND THE PROPERTY OF BURTON, aEHRENDT & SMITH, PC INFRINGEMENT OR ANY USE OF TIllS DRAWINC FOR ANY OTHER PROJFC- IS PROI-IIBITED ANY ALTERAHON OR REPRODUC.ION OF [Ills DOCUMENI IS ALSO PROI-IIBIT-D WITIIOUT FIE WRIt'lErq CONSENT OF Tiff- ARCHITECT/FNCP,JEER. 6 E 2oo6 SEP 26~ ~ E~-~ DEPTOFLAND PRESERVATION REV, DATE ITEM NO. 1. 9/20/06 EASEMENT A E R I A L M A P