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Rowehl, Robert
SOUTHOLD TOWN BOARD PUBLIC HEARiNG April 10, 2007 7:50 PM This hearing was opened at 8:36 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter l 7 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 10, 2007, at 7:50 p.m, Southold Town Hail, 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM # 1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The pumhase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, the LWRP coordinator, which after some preambles concludes, "That the proposed action is consistent with the policy standards and there for is consistent with the LWRP." Let's see, I have a notice that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and I have a short environmental assessment form for unlisted action. What else do we have? I believe those are all of the communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up to discuss this before the Town Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. The Land Preservation Committee has been discussing preservation with Mr. Rowehl for several years. Recently he decided that right now is the right time for him to preserve his farm and that is why we are here tonight. In the 1990's, Mr. Rowehl applied for and received approval for a subdivision that subdivided two five acre lots from what was then his 37 acre farm. This left him with two vacant 5 acre residential lots and a 27 acre farm, which includes his house and barn. The 5 acre lots have access off of Soundview Avenue and the larger has access off both Soundview and Oregon Road. The 5 acre lots were not sold off and basically remained part of the active farm area. The preservation application before the Town will result in the development rights easement on 100% of the interior 5 acre lot and a development rights easement on 24 of the 27 acres of the larger farm parcel. The 3 acres not included within the easement are located on Oregon Road and include the existing dwelling and several barns. There were several conditions filed in a declaration of covenants and restriction when the 1990 subdivision was approved regarding common driveways and where a future road would be located should future residential development occur. The landowner has requested that these covenants and restrictions be amended now that the property is being preserved and there will not any future residential development. Covenants and restrictions can only be amended after public hearing by the Planning Board and the Planning Board has scheduled a heating to amend those later in April. This amended C & R will reflect the change that there will never be any future residential development. The Town has received a grant award of approximately $723,000 from the New York State Ag and Markets and we believe that that grant will be eligible for the 24 acre part of this project. The Town recently preserved the farms to the east of the property and the County owns the development rights already to the farm to the west. The preservation of the Rowehl farm will fill in the middle and result in a block of over 60 acres of preserved farmland. As you can also see on the map, there is plenty of other preserved land both to the east, west and to the south of that farm in the vicinity of it. The north and south sides of Oregon Road are the largest blocks of active farmlands in the Town. Oregon Road is one of the Town's main areas of active farmlands. As I stood last week with Mr. Rowehl looking out at his farmland, it was a great feeling to know that his farm and the farms to the east and west will have the potential to remain in active farming forever. The Land Preservation Committee extends their thanks to Mr. Rowehl for preserving his farmland and both the Committee and I strongly recommend that the Town Board proceed with this important preservation acquisition on Oregon Road. Thanks. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? This hearing was closed at 8:41 PM ~Ne;ille Southold Town Clerk Town of Southold - Letter Bo~{~J~JMeeting o~f ~pril 10, 2007 RESOLUTION 2007-389 ADOPTED Item # 52 DOC ID: 2704 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-389 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL I0, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development fights easements on certain parcels of properties owned by Robert Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the oppommity to be heard; and WHEREAS, said properties are identified as part of SCTM # 1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement on Parcel A comprises approximately 24± acres (subject to survey) of the 27± acre parcel and 5± acres of Parcel B in its entirety. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and Generated April 11, 2007 Page 79 Town of Southold - Letter~ Bo~ Meeting of April 10, 2007 WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easements; 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; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on agricultural lands owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Aericultural Lands Preservation) of the Code of the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre Generated April 11, 2007 Page 80 Town of Southold - Letter Bo~Meeting of April 10, 2007 parcel, and a development rights easement on the entire adjacem parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) for the 24± easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The 24± acre easemem purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Albert Krupski Jr. SECONDER: Louisa P. Evans, 3ustice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .Ir. Generated April 11, 2007 Page 81 Town of Southold - LetterO Boam Meeting o pril 10, 2007 RESOLUTION 2007-386 ADOPTED Item # 49 DOC ID: 2703 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-386 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase development rights easements on certain parcels of property owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said properties are identified as part of SCTM # 1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 244- acres (subject to survey) of the 274- acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 54- acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 244- acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 54- acre adjacent parcel, plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further Generated April 11, 2007 Page 67 Town of Southold - LetterO Bo~ Meeting of April 10, 2007 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZMOUS] MOVER: William P. Edwards, Councilman SECONDER: AlbeK( Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards Russell, Krupski Generated April 11, 2007 Page 68 #8314 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 5th dayof April, 2007. Principal Clerk Sworn to before me this 2007 day of '~'~_ CHRISTINA VOLINSKI NOTARY PUBLIC-$¥ATi~ OF NEW YORK No, 01-V06105050 Quollfiea ~n sufloik County Commission Expires February ~B, 30~B LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of thc Town Code, the Town Board of the Town of South#Id hereby ~ [0. 2007. at 7-50 p.m. Southold Town Hall. 53095 Main Road. Southold. New York as the time and olace for a oublic hearin~ for the DnFchflse of development by Robert Rowehl. Said properties are identified as part of SCTM #1(g)0-100- 2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B).The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Ore- gon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easter- ly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. Tile proposed acquisition is for a development rights easement on a part of the property iden- tified as SCTM g1000-100-2-6,1 consist- lng of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM 01000-94~-2 consisting of 5± acres. The exa~t area of the purchase is subject to a Town-provided survey ac- ceptable to the Land Preservation Com- mittee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre (four hundred forty-eight thousand dol lars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Comnmnity Preservation Funds. The 24_+ acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant, Tile properties are listed on theTown's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart ment, South#Id Town Hall Annex, 54375 Route 25, South#Id, New York, and may be examined by any interested person during business hour~ Dated: March 13, 2007 BY ORDER OFTHE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk ~33J.4-IT 4/5 617.20 Appendix C State Environmental Quality Review SHORT ENV/RONMENTAL ASSESSHENT FORM For UNLISTED ACITONS Only PART [-PRO3ECT INFORMAl/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLiCANT~SPONSOR: $outhold Town Board 3. PRO3ECT LOCAl/OH: Munedpality: ~o ~ %'~--c~/- ~ 4. PRECISE LOCAl/ON: (Street address and road Intersections, prominent landmarks, etc, or provide map) 5. IS PROPOSED ACT/ON: ~New ~ L~ Expansion Modification 6. DESCRIBE PRO.1ECT BRIEFLY: INITALLY acres ULTiMATELY '~ 7 __ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISI'~NG LAND USE RESTRICTIONS? ~Yes ~ No /f No, descr/be br/e/ly g. WHAT IS PRESENT LAND USE IN vrcINITY OF PRO3ECT? 'J~ Residential [-; Commercial j-: Industrial~ Agriculture ~ Par' [ ,e ~/:o st/Open space Other Descr/be; 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? n/I ~ ~1. DOES ~NY ~SPE~ OF THE A~ON ~AVB A CURRENTLY VA~D PERM~ OR APPROVAL? ~ Yes ~ No if yeS, //b? a~en~(s) and pern/~appmvaZs 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART ~-ENV/RONHENTAL ASSESSHENT (To be comp et:ed by Agency) Page 2 of 2 .~ DOES ACT/OH EXCEED ANY TYPE ! THRESHOLD !FI 6 NYCRR, PART 6:1.7.47 S. WILL AC1/ON RECEZVE COORDZNATED REVIEW AS PROVZDED FOR UNLISTED ACTLOflS ZN 6 NYCRR, PART 617.67 [~ Yes~O No if no, a ne~abVe dedarat/on may be suspended by another invoNe~ agency C. COULD ACT[ON RESULT [N ANY ADVERSE EFFEC'FS ASSZOC][ATED wi'rd THE FOLLOWZNG: (Answers may be handwrltten~ If legible) CJ.. Existing air quality, surface or groundwater quality or quantity, noise levels, existiog traffic patterns solid waste production or dispo~,~ potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighberbood character? Explain briefly: C3. ~,lqoetation 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 offldally adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5. G,r~wth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts Cinduding changes in use of either quantity of type of energy)? Explain briefly: D. WZLL THE PRO3ECT HAVE AN IMPACT ON THE ENVZRONMENTAL CHAILRCTER[CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. IS THEREf OR IS THERE L!KELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART III- DETERMZNA'I'~ON OF SIGNIFICANCE (To be completed by Agency) [N~TRUCI ]©NS: For ead~ adverse effect identified above, determine wbether it is substantial, lar ge, or otherwise $igrdficant. ~ach effect should be assessed in connection with it~ Ca) setting Ci.e. urban or rural); probability of occurring; Cc) duration; Cd0 [rreversibility; (e) geographic scope; and Cf) magnitude, if ~ccessaw, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impa£t~ have been identified and adequately addressed. If q~estJon D of part [! 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 ENVIRONHETiNAL ASSESSrflENT FOR. H and/or prepare a positive declaration. Check this box if you have determined based on the informat on and analysis above and any supporting documentation t ~at the proposed action WILL NOT result in any significant adverse environmental mpacts AND provide on aLtachmen~s as necessary, the reasons supporting this determination: C-~ _ j~ Name of Ll!*c,~Agency Title of Re nsible Office~ $ignatu~of~,esponsible Officer in Lead Agency -- ' Sig'-r~at onsible #8294 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), commencing on the 29TM dayof Mamh, 2007. Principal Clerk Sworn to before me this 2006 day of I CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2008 Town of Southold - Letter{ RESOLUTION 2007-329 ADOPTED Item # 33 DOC ID: 2735 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-329 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby amends resolution #2007- 281, adopted at the March 13, 2007 regular Town Board meeting: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April l0t 2007, at 7:50 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as S CTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27+ acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre Generated March 30, 2007 Page 50 LEGALNOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April l0t 2007~ at 7:50 p.m.~ Southold Town Hall~ 53095 Main Road~ Southoid~ New York as the time and place for a public hearing for the purchase of development rights easements on properties owned b¥ Robert Rowehl. Said properties are identified as part of S CTM #1000-100-2- 6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM # 1000-100-2-6.1 consisting of approximately 244- acres of the 274- acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 54- acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 244- acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 54- acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 244- acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 13, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 29, 2007, 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 Suffolk Times Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ \ ~ day of ~ ~rrc~ ,2007, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Rowehl 4/10/07 7:50 pm · ~l~zabeth' A. Nevill~ - - Southold Town Clerk Sworn before me this ~ \ day of ~c~ct~_~ ,2007. * lqlotary Public LYNDA M. BOHI~I NOTARY PUBLIC, S~ate of NeIY~ No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Melissa Spiro, Land Preservation CoordinfllO~ From: Mark Terry, Principal Planner LWRP Coordinator Date: March 19, 2007 RECEIVED Re: Proposed Purchase of Development Rights Easement on the ROWEHL Property SCTM # P/O SCTM # 1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). Zoning District A-C The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ March 27~ 2007~ at 4:55 p.m., gl~ Southold Town Itall~ 53095 Main Road, Sonthold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM # 1000-100-2- 6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development fights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Commanity Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 13, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 22, 2007, 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 Suffolk Times Town Board Members Town Attorney Land Preservation Town Clerk's Bulletin Board Town of Southold - Lette~ Boat~leet~g of March 13, 2007 RESOLUTION 2007-281 ADOPTED Item # 29 DOC ID: 2700 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-281 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2007: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda,y~ March 27~ 2007~ at 4:55 p.m.~ Southold Town Hail~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of S CTM # 1000-100-2-6.1 (Parcel A) and the entire S CTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 274- acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5+ acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 244- acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 54- acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 244- acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and 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 Generated March 14, 2007 Page 37 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 Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant April 7, 2010 ROBERT ROWEHL to TOWN OF SOUTHOLD Conservation Easement- 24.108 acres SCTM #1000-100.-2-6.3 (flk/a SCTM #1000-t00.-2-p/o 6.t ) Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Deed of Conservation Easement dated May 9, 2007, between Robert Rowehl and the Town of Southold, recorded in the Suffolk County Clerk's office on 5/23/2007, in Liber D00012506 at Page 556 · Title insurance policy #O-8901-009062 issued by Stewart Title Insurance Company on 5/9/2007 in the insured amount of $1,880,424.00 (title no. ST-S-8596) · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded easement & survey map last dated 4/11/2007 by Peconic Surveyors, P.C. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 Receipt Number : 07-0049949 TRANSFER TAX NUMBER: 06-34264 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 100.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $1,880,424.00 Received the Following Fees For Above Exempt Instrument Page/Filing $51.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comma. Pres Fees Paid TRANSFER TAX NUMBER: 06-34264 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County DEPT OF LAND PRES~RVATION 05/23/2007 04:41:14 PM D00012506 556 Lot: 006.003 Exempt $5.O0 NO $15.00 NO $75.00 NO $11.05 NO $0.00 NO $0.00 NO $202.05 Number of pages TORRENS Serial # Certificate # Prior Ctfi # Deed / Mortgage Instrument 41 Page / Filing Fee 5l -- Handling ,.~ __ TP-584 ~.~ Deed / Mortgage Tax Stam FEES Notation EA-52 17 (County) EA-5217 (State) ILP.T.S.A. Comm. of Ed. Affidavit (e~ified Cop3,.) Reg. Copy Other ---~f SubTotal &~ 500 ~' SubTotal /~.~ ~. 5 I Real Prope~y T~ Service Agency Verification Dist. I Section I Bilk I Lot 1000 10000 0200 006003 Date Initials I Satisfact'ions/Discharges/Ke eases L~st ~t'rope~ uwners lVlalllng A~ RECO~ & RETU~ TO: ~ RECORDED 2007 HaU 23 04:41:14 PM Judith fl. Pascale CLERK OF SUFFOLK COUNTY L D00012506 P 556 DT~ 06-~4264 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec,/Assit. 0r Spec./Add, TOT, MTG. TAX Dual Town Dual County ~ Held for ApportionmeZ Transfer Tax ~ Mansion Tax The property covered by this mortgage is'or will be improved by a one or two family dwelling only. YES ~ or NO If NO, see appropriate tax clause on page # __ of this instrument. ~ q t~ q 6 Community Preservation Fund Consideration Amount $ L~/~(~'. CPF Tax Due $ ,.~fl Improved Vacant Land TD [8 I i Title C°mpany Inf°rmati°n Suffolk County Recording & Endorsement Page ~ismgefom~ofthea"ach~ ~ e4' donS~gc~'o~ ~m~P made by: (sprain oF ) ~o~¢~ { ~e pre~s:s herein is si~ted in S~OLK,CO~, ~W YO~ TO In the To~p of ~/~ 4 ~ o ~ ~ 6 { & In the ~LLAGE T}~U 9 ~ST BE ~ED OR P~D ~ B~CK ~ O~Y P~OR TO ~CO~G OR FIL~G. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. Ifa portion of your monthly mortgage payment included your property taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes are payable twice a year: on or before January 10Ih and on or before May 31st. Failure to make payments in a timely fashion could result in a penalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, N.Y. 11757 (516) 957-3004 Riverhead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, N.Y. 11777 · (516) 473-0236 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Islm~d, N.Y. 11964 (516) 749-3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Soothampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, N.Y. 11751 (516) 2244580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Yi 11971 (516) 765-1803 aw 2/99 Sincerely, Edward P. Romaine Suffolk County Clerk DEED OF CONSERVATTON EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this 9th day of May, 2007, by ROBERT ROWEHL ("Grantor") having an address at 2755 Oregon Road, Mattituck, New York 11952 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971. WHEREAS: A. Grantor is the owner of certain real property consisting of--+27 acres located at 2755 Oregon Road, Mattituck, in the Town of Southold, Suffolk County, New York, designated as p/o SCTM# 1000-120-2-6.1, of which 24.108 acres is subject to this Deed of Conservation Easement (hereinafter, the "Property") and more fully described in EXHIBIT A attached hereto and shown on a survey dated March 13, 2007, and last revised April 11, 2007 prepared by Peconic Surveyors, P.C.; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 24.108 acres of prime soils as defined by the U,S, Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. :In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of $outhold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated .lanuary, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. [. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILLION- EIGHT-HUNDRED-EIGHTY THOUSAND-FOUR HUNDRED TVVENTY-FOUR Dollars ($1,880,424.00) and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose It is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability. :It is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains subject to all applicable local, state and federal laws and regulations. This easement shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. Tf necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined herein. In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section l0 ("Construction of Buildings and Other improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other improvements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. if Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. 10. Construction of Buildings and Other Improvements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. lO(a) Fences -- Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. 10(b) New Agricultural Structures and Improvements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products produced on-site, (ii) the storage of equipment used for agricultural 4 production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover up to an additional 5% of the Property. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(b) above, on up to 5% of the Property. The land on which these structures stand shall not be subdivided. 10(d) New Recreational Structures and Improvements - Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary Improvements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). 11. Maintenance and [mprovement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. Subdivision The Property may not be further 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, except as provided herein. "Subdivision" shall be limited to the division of the portion of the Property from which the development rights are acquired into no more than two farming parcels, each of which must be at least ten (10) acres in size. 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. 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. Tn order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. Excavation and Removal of Materials; Mining The excavating of the Property, shall be generally prohibited, 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, and any such excepted excavation activity may proceed 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 farm operations, erosion control and soil management, without the prior written consent of Grantee. 16. Road Construction Grantor may construct roads for barnyards, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of old farm equipment used for parts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would 1) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within fOrty-five (45) days of receipt of the Grantor's written request, which request shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any failure to grant permission to Grantor. 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. [f the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the 7 right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. if, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. :~9(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless 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. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. Baseline Documentation By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Inspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement Tf Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. lin addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Easement Grantee shall have the right to transfer this Easement to any private, non-governmental organization or public agency that, at the time of transfer is a "qualified organization" under Section 170(h) of the Tnternal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on Grantee by this Easement. Tf Grantee ever ceases to exist or qualify under Section 170(h) of the Tnternal Revenue Code, or applicable state law, a court of competent jurisdiction shall transfer this Easement to another qualified organization having similar purposes that agrees to assume the responsibilities imposed by this Easement. Grantor and the New York State Department of Agriculture and Markets will be notified in writing in advance of such transfer. 25, Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.) is subject to a Conservation Easement which runs with the land and which was granted to the Town of $outhold by instrument dated , and recorded in the office of the Clerk of Suffolk County at Liber at Page "Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 26. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder and shall not unreasonably restrict or regulate farm operations in contravention of the purposes of Article 25-AA of the Agriculture and Markets Law. Any such amendment shall be duly recorded. 27. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70, of the Town Code of the Town of Southold, or any successor chapter, 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 this property rights or interests which were acquired by the Town prior to any such amendment. 28. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, 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 2 ("Purpose") herein, extinguish or modify this Easement in accordance with applicable law. l~n 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 make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. Tn 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 28 ("Proceeds") herein. 29. 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 27 ("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 appraised value of this Easement, calculated as of the date of the appraisal, by the unencumbered value of the Property, calculated as of the date of an appraisal obtained by Grantee prior to execution of this easement. The Proportionate Share is 74%. 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). ]0 With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- use, Grantee must notify the New York State Department of Agriculture and Markets. 30. ~nterpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. :If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 31. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 32. Severability ]:nvalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 33. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: {a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, :LOB Airline Drive, Albany, New York :L2235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 34. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement, 35. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 36. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. 37. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator or an arranger with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of lg80, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and Markets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. Tf at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. 38. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 39. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are 12 merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 40. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 4J.. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 42. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. TN WTTNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. Grantor: ROBERT ROWEHL Grantee: TOWN OF SOUTHOLD ,,. U 'ERV, OR State of New York ) County of Suffolk ), ss: On the 9th day of May, in the year 2007, before me, the undersigned, personally appeared ROBERT ROWEHL, 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 13 upon behalf of which the individual(s) acted, executed the instrument. State of New York ) ~ County of Suffolk ), ~ On the 9~ day of Ha personally appeared proved to me on the whose name (s) is ([ acknowledged to me capacity (les), and t~ individual(s), or the I executed the instrum..,,,. COUNTY CLERK'S OFFICE STATE OF NEW YORK SS.: COUNTY OF SUFFOLK Court of Record thereof, do hereby certity that ! have com..~j~a_.~reel ~F- with th.e ori inal Deed RECORDED in my office on ..~[.d~.~....'...)~. under LIBER .[iW~.~.~...k'0. PAGE .~.~..-. and, that the same is a true copy thereof, and of the whole of such original. In Testimony !A/hereof, I have hereunto set my hand and affixed ,the · "~:f~..~'. da of seal of said County and Court on this ..,~ ...... Y ....... ~'~ .... CLERK Signature/office of individual taking acknowledgement PATRICIA L. FALLON Notary Public, Stat9 Of New York No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, ~ I/ 14 Stewart Title Insurance Company Title No: ST-S-8596 Schedule A Description (AMENDED 4/23/07) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being part of Lot 3 as shown on a certain map entitled, "Minor Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's Office on November 23rd, 1998 as Map No. 10209 more particularly bounded and described as follows: BEGINNING at a point on the Northerly line of Oregon Road (North Road) at the intersection formed by the Northerly line of Oregon Road with the Easterly line of Lot 3 as shown on the aforesaid filed map, said point and place of beginning being North 53 degrees 08 minutes I0 seconds West a distance of 56.81 feet from the intersection formed by the Easterly line of Elijah's with the Southerly line of Oregon Road; RUNNING THENCE from said point and place ofbegiuning along the Northerly line of Oregon Road CNorth Road) South 59 degrees 44 minutes 00 seconds West a distance of 50.16 feet to a point and the reserved parcel; THENCE North 25 degrees 40 minutes 00 seconds West a distance of 283.67 feet to a point; THENCE South 65 degrees, 42 minutes 00 seconds West a distance of 442.17 feet to a point and lands now or formerly of Russell Weiss and The County of Suffolk; THENCE North 24 degrees 23 minutes 40 seconds West along lands now or formerly of Russell Weiss and Suffolk County and lands of others a distance of 2995.81 feet to a monument; THENCE North 24 degrees 33 minutes 00 seconds West a distance of 183.63 feet to a monument and the Southerly line of Sound View Avenue; THENCE along the Southerly line of Sound View Avenue North 57 degrees 05 minutes 30 seconds East a distance of 72.13 feet to a point and the beginning ora curve having a radius of 25.00 feet; THENCE along said curve having a radius of 25.00 feet in a Westerly and a Southerly direction a distance of 35.62 feet to a point and the Westerly line of Lot 1 as shown on the aforesaid filed map; THENCE South 24 degrees 33 minutes 00 seconds East along the Westerly line of Lot 1 a distance of 169.45 feet to a point; THENCE South 24 degrees 23 minutes 40 seconds East a distance of 903.77 feet to a point; THENCE North 65 degrees 36 minutes 20 seconds East along the Southerly line of Lot 2 as shown on the aforesaid filed a distance of 396.91 feet to a point and lands now or formerly of Randy Scott Shur; THENCE South 25 degrees 27 minutes 00 seconds East a distance of 323.77 feet to a monument; THENCE continuing along now or formerly of Randy Scott Shur and land of Allan Arrieta and another, South 25 degrees 40 minutes 00 seconds East a distance of 2048.10 feet to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary fo create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of rea[ estate taxes or assessments impceed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No dght of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any pad of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the dghts of a purchaser for value without Knowledge. Counte s'g ed by: ...,~,,~..~ Roaa SutZe :~eh.~tlc P/.~ :~ ~rk 11747 Company ~,.. - ,' li Z'o o.,,o, oo o62 ] If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800~,33-0014. If you make a claim under your policy, you must furnish written notice in accordance wilh Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewartnewvork.com File No.: COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in pad, or from a court order (b) (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the because the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or ether instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions, (b) 'Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) 'Enti[y': A corporation, partnership, trust, limited liabili[y company, or other similar legal entity. (d) 'Insured": The Insured named in Schedule A. (i) The term "insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Tibe (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument estsblished by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured, (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title, (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modity or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requidng the delivery of marketable title. II Pa~e2 Serial No.: O- II File No.: $CI-tEDULE A File Ne.: $1'-E,-g..'"~, Foli~y No.: O~901-~$2 Amount o£]nsuran~e: $1~,434,00 premium: $?,?~.~ D~te of ?olicy: 1. Name of In~ured: Tow~ of 2. The esl~te or interest in the land that ~* encumbered by the Insured Mortgage i~: Tow~ of l~outhold, who a~xluimd Development Righ~ by virtue o~ a deed from Robert Rowettl. by deed dated 5/9/3007 and to be teem'tied in the Suffolk County Cle~k's/P..egister's 4. The Land referred to in this policy is dese. rlbed as follows: See Schedule A Deser~l~ion, at~sched hereto and nude a ~ he~eof, ALTA OWI~.ER'S POLICY (6/17/06) File No.: ST-S-8596 SCHEDULE A DESCRIPTION Policy No.: O-8901-9062 (AMENDED 4/23/07) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being part of Lot 3 as shown on a certain map entitled, "Minor Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's Office on November 23ra, 1998 as Map No. 10209 more particularly bounded and described as follows: BEGINNING at a point on the Northerly line of Oregon Road (North Road) at the intersection formed by the Northerly line of Oregon Road with the Easterly line of Lot 3 as shown on the aforesaid filed map, said point and place of beginning being North 53 degrees 08 minutes 10 seconds West a distance of 56.81 feet from the intersection formed by the Easterly line of Elijah's with the Southerly line of Oregon Road; RUNNING THENCE from said point and place of beginning along the Northerly line of Oregon Road (North Road) South 59 degrees 44 minutes 00 seconds West a distance of 50.16 feet to a point and the reserved parcel; THENCE North 25 degrees 40 minutes 00 seconds West a distance of 283.67 feet to a point; THENCE South 65 degrees 42 minutes 00 seconds West a distance of 442.17 feet to a point and lands now or formerly of Russell Weiss and The County of Suffolk; THENCE North 24 degrees 23 minutes 40 seconds West along lands now or formerly of Russell Weiss and Suffolk County and lands of others a distance of 2995.81 feet to a monument; THENCE North 24 degrees 33 minutes 00 seconds West a distance of 183.63 feet to a monument and the Southerly line of Sound View Avenue; THENCE along the Southerly line of Sound View Avenue North 57 degrees 05 minutes 30 seconds East a distance of 72.13 feet to a point and the beginning of a curve having a radius of 25.00 feet; THENCE along said curve having a radius of 25.00 feet in a Westerly and a Southerly direction a distance of 35.62 feet to a point and the Westerly line of Lot 1 as shown on the aforesaid filed map; THENCE South 24 degrees 33 minutes 00 seconds East along the Westerly line of Lot 1 a distance of 169.45 feet to a point; THENCE South 24 degrees 23 minutes 40 seconds East a distance of 903.77 feet to a point; THENCE North 65 degrees 36 minutes 20 seconds East along the Southerly line of LOt 2 as shown on the aforesaid filed a distance of 396.91 feet to a point and lands now or formerly of Randy Scott Shur; TI~NCE conli~ning along ~ow or formerly of Raatdy Scott Sbu; and land of Allan Artier* *Jarl another, 8onth 2~ ~gree~ 40 m~nnt=s 00 s~cond~ East ~ ~li,t~nce of 2048.10 £~,:1 to th= point or plac~ of ALTA OWNER'S ?OMCY (6/17/06) SCHEDULE B PART I File No.: ST-S-8596 Policy No.: O-8901-9062 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the Grantor and the Town of Southold. 2. Survey by Peconic Land Surveyors PC dated March 13th, 2007 and last dated April 11, 2007 shows premises as vacant land. No variations or encroachments. 3. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any. 4. Policy excepts the lien of restored taxes, plus interest and penalties, if any. 5. Declaration of Covenants and Restrictions recorded in Liber 11891 Page 457 - copy herein. 6. Boundary Line Agreement recorded in Liber 6712 Page 168 - copy herein. 7. Right of Way and area to provide common driveway for lots 1 and 2 as shown on filed map - copy herein. 8. No vehicular access as shown on filed map (affects Northerly part of Lot 1) CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a pumhaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. (b) 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAJMANT The Insured shall notity the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party 7. asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETI'LE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. {b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or othenvise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall ten'ninate, including any liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS (Continued) I Parle 3 Serial No.: O- ~ File No.: DEIER~IIHATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as dghts and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to ¢ecever ur~til after the Insured Claimant shall have recovered its loss. (b) The Company's dght of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the insured may demand thai the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any se~,ice in connection with its issuance or the breach of a policy provision, or to any other controversy or claim adsing out of the transaction giving rise to this policy. All arbitrable matters when the Amount of insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jedsdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any pdor endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABIETY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the dsks covered by this policy and determined the policy. 12. PAYMENTOF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETI'LEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the (c) premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company atClaimsDepartmentat300East42 St, 10 Floor, NewYork, NY10017. File No.: CLOSING STATEMENT ROBERT ROWEHL to TOWN OF SOUTHOLD Total Development Rights Easement- 24.108 acres Premises: 2755 Oregon Road SCTM #1000-100-2-plo 6.1 Closing took place on Wednesday, May 9, 2007 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $1,880,424.00 (based upon 24.108 buildable acres $78,000/buildable acre) disbursed as follows: Payable to Robert Rowehl Check ffi31098 (5/9/07) Payable to Twomey, Latham, Shea & Kelley Check ffi31101 (5~9~07) $ 1,855,137.84 $ 25,286.16 Expenses of Closing: Appraisals & Updates Payable to Patick A. Given, SRPA Check issued (3/11/03) Payable to Given Associates, LLC Check #81138 (4/26/05) Payable to Given Associates, LLC Check #88194 (10il 7/06) $ 1,900.00 $ 1,800.00 $ 6OO.OO Survey Payable to Peconic Surveyors, PC Check ffi30875 (4/24107) $ 5,000.00 Survey Le.qal Description Payable to Peconic Surveyors, PC Check ~31042 (5/8/07) $ 250.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #90510 (3/27/07) $ 1,300.00 Title Report Payable to Stewart Title Insurance Company Check ~91100 (5~9~07) Fee insurance Recording easement Certified easement $ 7,732.00 $ 250.00 $ 50.00 $ 8,032.00 Title Closer Attendance Fee Payable to Patricia Fallon Check ~31096 (5~9~07) $ 100.00 Those present at Closing: John Sepenoski Lisa Clare Kombrink, Esq. Robert Rowehl Janice L. Snead, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NI~V YORK 11971-0959 DATE o5/ ~D FIFTY FIVE THOUSAND 84/100 DOLLARS 5/9 CLOSING NO~ CREOKNO Ak~.~NI 11952 ,'Oql, OqS,' ,:OSi, L, OSI, F=l~,: &~, O00OO~, O,' VENDOR 018579 ROBERT ROWEHL H2 .8686.2.000.000 050907 05/09/2007 ~w 91QqR PURCHASE-24.108 1,855,137.84 TOTAL 1,855,137.84 TOWN OF SOUTHOLD · SOUTHOLD, NY 1197t 0959 ~ soUT~oLD. NEWYORK119~l-(~9~9 S ,- FIVE THSUSANDTWO .. 05~09/~9~Z HUNDRED EIGHTY SIX pAY TO THE TWOME~,DATHAM,SHEA & KELLEY PO BOX 9398 RIVERHEAD NY 11901-9398 ,"O9~i,O~,,' ':O;:i, NOSNGh': &5 O0000h 0,' VENDOR 014606 TWOMR¥.I,ATRAM:EREA ~ KELLEY ...... ACCOU~JT H2 .8686.2.000.000 050907 SELLERS FEES-ROWEH 25,286.16 TOTAL 25,286.16 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 .GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 3~0-3622 February 5, 2003 Melissa Spire, Land Preservation Coordinator Town of Southold Land. Preservation Committee 53095 Main Road Southold, New York 11971 Property of Robert Rowehl S.C.T.M. #1000-100-2-6.1 Located North side of Oregon Road Mattituck, New York 11952 ~ /~oo. oo -GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550mute 111 · hauppauge, n.~ 11768-0306 (631) 360-3474 FAX 360-3622 M~lissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Mattituck, N.Y.. 11971 Property of Robert Rowehl S.C.T.M. #1000-100-2-6.1 Located North side of Oregon Road, Mattituck, NY File# 2004263 March 7, 2005 2 8 2005 PRES£RVATIOff $1,800.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi . Vendor.. 007416 GIVEN ASSOCIATES LL : Y=Select : JE Date Trx. Date Fund Account : ............................. Begi : ., 4/12/2005 4/12/2005 H3 .600 : 4/12/2005 4/12/2005 H3 .600 : ~ 4/26/2005 4/26/2005 H3 .600 : 4/26/2005 4/26/2005 H3 .600 : 4/26/2005 4/26/2005 H3 .600 : 5/10/2005 5/10/2005 H3 .600 : 5/10/2005 5/10/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 9/13/2005 9/13/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 11/10/2005 11/10/2005 a .600 11/10/2005 11/10/2005 A .600 11/10/2005 11/10/2005 a .600 12/20/2005 12/20/2005 H3 .600 ......................... Use Acti F~=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-04262005-670 Line: 192 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/26/2005 SDT 4/26/05 : Trx Amount... 1,800.00 : Description.. APPRAISAL UPDATE-ROWEHL : Vendor Code.. 007416 : Vendor Name.. GIVEN ASSOCIATES LLC : Alt Vnd.. : CHECK ........ 81138 SCNB : : Invoice Code. 2004263 : : VOUCHER ...... : : P.O. Code .... 13457 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. 4/30/2005 : : F3=Exit F12=Cancel : _GIVEN ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Melissa Spiro Land Preservation Coordinator Town of $outhold P.O. Box 1179 Southold, NY 11971 Invoice 10/2/2006 127 IPlease make check payable to: GIVEN ASSOCIATES, LLC. I I Description Appraisal of Real Property of Robert Rowehl Located (ROW) South of Sound View Avenue Mattituck, NY S.C.T.M. #1000-94-4-2 Appraisal of Real Property of Robert Rowehl Located North side of Oregon Road Mattituck, NY S.C.T.M. #1000-100-2- p/o 6.1 Terms Due upon Receipt File No. 2006236/200623 Amount 1,900.00 600.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti 2/28/2006 2/28/2006 H3 600 3/28/2006 5/09/2006 7/11/2006 7/25/2006 8/08/2006 9/05/2006 10/17/2006 11/08/2006 11/08/2006 12/05/2006 1/16/2007 1/16/2007 1/16/2007 3/28/2006 5/09/2006 7/11/2006 7/25/2006 8/08/2006 9/05/2006 10/17/2006 11/08/2006 11/08/2006 12/05/2006 1/16/2007 1/16/2007 1/16/2007 H3 600 H3 600 A 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 H3 600 1/30/2007 1/30/2007 H3 600 ........................ Use Acti F2=Shift Up F3 Exit Fl0 Prey View Select Record{s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GL100N : W-10172006-167 Line: 161 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/17/2006 SDT 10/16/06 : : Trx Amount... 2,500.00 : : Description.. ROWEHL UPDATES : : Vendor Code... 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 88194 SCNB : : Invoice Code. 2006235-6 : : VOUCHER ...... : : P.O. Code .... 15939 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 10/17/2006 : : Date Cleared. 10/31/2006 : : F3=Exit F12=Cancel : PECONIC ~URVEYORS~ P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 May 5TM, :>007 TOWN OF SOUTHOLD P.O. Box 1179 Southold NY. 11971 Attention: Melanie FOR PROFESSIONAL SERVICES RENDERED: Reference: Your Client Rowehl JOB # 07-121 Survey as per quotation $5,000.00 SUFFOLK COUNTY TAX MAP 1000-100-02-6.1 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select JE Date Trx. Date Fund Account ,, 2/13/2007 2/13/2007 H3 ,, 2/13/2007 2/13/2007 H3 4/24/2007 4/24/2007 H3 ~ 4/24/2007 4/24/2007 H3 ,, 4/24/2007 4/24/2007 H3 .. 5/08/2007 5/08/2007 H3 ,, 5/08/2007 5/08/2007 H3 Use Acti .600 6OO 6OO 600 600 6O0 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04242007-946 Line: 250 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 4/24/2007 SDT 4/23/07 : Trx Amount... 5,000.00 : Description.. SURVEY-ROWEHL PROPERTY : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 90875 : Invoice Code. 040507 : VOUCHER ...... : P.O. Code .... 16513 : Project Code. SCNB Final Payment F Liquid. Type of 1099. N BOX. Addl. Fixed Asset.. Y Date Released 4/24/2007 Date Cleared. F3=Exit F12=Cancel ][DECONIC SURVEYORS, P.C. ]P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 April 4. 2007 Town of Southold LAND PRESERVATION P.O. Box 1179 Southold N.Y. ~11971 FOR PROFESSIONAL SERVICES RENDERED, Atttention: Ms. M. Doroski Meets & Bounds Description Re: Rowehl $250.00 SUFFOLK COUNTY TAX MAP 1000-100-02-6.1 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select JE Date Trx. Date Fund Account ......................... Use Acti ,, 2/13/2007 2/13/2007 H3 .600 ,, 2/13/2007 2/13/2007 H3 .600 ,, 4/24/2007 4/24/2007 H3 .600 ,, 4/24/2007 4/24/2007 H3 .600 ,, 4/24/2007 4/24/2007 H3 .600 5/08/2007 5/08/2007 H3 .600 ~ 5/08/2007 5/08/2007 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--OL100N... ............ : W-05082007-058 Line: 277 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 5/08/2007 SDT 5/07/07 : : Trx Amount... 250.00 : : Description.. DESCRIPTION RDNO-ROWEHL : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS. P.C. : : Alt Vnd.. : : CHECK ........ 91042 SCNB : : Invoice Code. 040507A : : VOUCHER ...... : : P.O. Code .... 16523 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 5/08/2007 : : Date Cleared. : : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, CCC 572 Walt ~,~Vhitman Road Phone: 631-427-5665 I~elville"~lY 11747 Fax: 631-427-5620 Invoice Property: 07045 Project: Rowehl Property, Mattituck Manager: McGinn, Steven VA02328 To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 4729 Invoice Date: March 14, 2007 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,300.00 Contract dated January 8, 2007 - Item #1: Phase I Environmental Site Assessment Work Performed thru 3/8/07 Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Project Invoice Amount $1,300.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Hi View 1 Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 9/05/2006 9/05/2006 H3 600 9/05/2006 9/05/2006 H3 600 10/03/2006 12/05/2006 12/19/2006 1/02/2007 1/30/2007 3/27/2007 3/27/2007 3/27/2007 3/27/2007 4/10/2007 4/24/2007 10/03/2006 H3 600 12/05/2006 ~3 600 12/19/2006 H3 600 1/02/2007 B 600 1/30/2007 B 600 3/27/2007 B 600 3/27/2007 H3 ~600 3/27/2007 H3 .600 3/27/2007 H3 .600 4/10/2007 B .600 4/24/2007 H3 .600 F2=Shift Up F3=Exit F10=Pre¥ View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ..Detail--GL100N. · Account.. H3 .600 : Acct Desc ACCOU~-TS PAYABLE : Trx Date ..... 3/27/2007 SDT 3/26/07 : Trx Amount... 1,300.00 : Description.. p~ASE 1 ESA-ROWEHL : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 90510 SCNB : Invoice Code. 4729 : VOUCHER ...... : P.O. Code .... 16514 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 3/27/2007 : Date Cleared. 3/31/2007 : F3=Exit F12=Cancel : STEWART TITLE INSURANCE COMPANY 125 Baylis Road, SUite 201~.Melville, New York 11747 631-501-9615 fax 631~50i-9623 · ,~,~o... 67--s - ~'67~o ~.,.. 6./~,/~7 F~ ~ET V~UE ~ER. p~ - E~ORSEME~S: Envl~ ~W YO~ STATE T~S~SION T~ MORTGAGE T~ ~o~gage~ MORTGAGE T~ CO~ P~S~VATION ~REET ~RT B~RUPT~' SE~CH () MORTGAG~_ () MORTGAGE ~D~(~_. CLOSER CHARGES, IF ANY: PICK-UP FEE OTHER~ ,'Oq~OO,' ~:O~l,L, OC;l~,l~l: ~,3 O0000L, O,' H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 ST-S-8596 ST-S-8596 ST-S-8596 TITLE POLICY-ROWEHL 7,732.00 EASEMENT REC FEE-ROWE 250.00 CERT COPY EASEMNT-ROWE 50.00 TOTAL 8,032.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-095§ "'Ocl~oc~&"' ':08 FL~,'D & ~CCCL~T P.C. # H2 .8686.2,000,000 ~,~, OOO001~ Q~IQg.I~QQ7 ST-S-8594 TITLE CLOSER-ROWEHL 100.00 TOTAL 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: 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 From: Melissa Spiro, Land Preservation Coordinator Date: May 9, 2007 Re: ROBERT ROWEHL to TOWN OF SOUTHOLD plo SCTM #1000-100-2-6.1 Development Rights Easement-24.108 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 feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: FUNDING: MISCELLANEOUS: 2755 Oregon Road, Mattituck part of 1000-100-2-6.1 Robe~ Rowehl Wednesday, May 9, 2007 $1,880,424.00 (based on 24.108 acres (~ $78,000/buildable acre) 27.248 acres 24.108 acres CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. The development rights easement is identified as part of Lot #3 on an approved "Minor Subdivision for Robert Rowehl' filed in the Suffolk County Clerk's Office on 11/23/98 as Map No. 10209. This project is on an awarded NYS Ag & Markets grant and is eligible for partial purchase reimbursement in the amount of $719,464.00.