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HomeMy WebLinkAboutDeerkoski, Felix1000-101-1-2.6 1000-101-1-2.7 (f/k/a 1000-101-1-p/o 2.3) Baseline Documentation Premises: 4600 Elijah's Lane Mattituck, New York 17.201 acres Development Rights Easement FELIX DEERKOSKI to TOWN OF SOUTHOLD Deed dated September 19, 2007 Recorded September 24, 2007 Suffolk County Clerk - Liber D00012523, Page 409 SCTM #: Premises: Hamlet: 1000-101-1-2.6 & 2.7 (t/Ida 1000-101-1-p/o 2.3) 4600 Elijah's Lane Mattituck Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Agricultural Reserve Area: Primary Agricultural Structure Area: Limited Agricultural Structure Area: Zoned: Existing Improvements: $1,320,415.20 (16.9284 buildable acres $78,000/acre) Community Preservation Fund (2% land bank) Yes 20.8739 acres 17.201 easement acres (includes 0.2726 acre future access area) 1.8365 acres 1.8365 acres 8.0640 acres (SCTM #1000-101.1.2.6) 9.1370 acres (SCTM 111000-101.1.2.7) A-C In August 2007 - Easement area contains two fenced in areas for horses, metal barn and dirt road DESCRIPTION LAND The subject is a 17.40:t acre portion of a larger parcel of land described as follows: The property is irregular in shape having 1 ,642:t' of frontage along the westerly side of Elijahs Lane, running thence westerly 360:t' along the northerly side of Middle Road, thence northwesterly 933:t', thence westerly 345:1:, thence northwesterly 654:t', thence northeasterly 337:t', thence northerly 177:t', thence easterly 99:1:', thence southerly 150:t', thence easterly 290:1:' to the point of beginning, for a total area of 20.9:t acres (of which 3.5:t acres are excluded, leaving a subject area of 17.40:t acres). The land is cleared and has a gently rolling topography. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Elijahs Lane is two way, two lane, publicly maintained, macadam paved road. Public water is not available in this area. IMPROVEMENTS The subject is vacant land in an essentially natural state. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland. ~GIVEN 20 'c ,; l ~~O~~~~~ >~rJ'J~<~OO u u u I SUBJECT PHOTOGRAPHS 7))0 b r~ '- m I I I I a ~ VIEW FROM ELIJAH'S LANE r .." ---- ~ m ~ a I a ~ (' ~., ADDITIONAL VIEW FROM ELIJAH'S LANE ~ ~G IVEN 68 AS sn C FAI E S I r... '- c I a c ~ I I r: c . ~ I I I . ..... ~ L' ~ SUBJECT PHOTOGRAPHS lDob STREET VIEW OF NORTHWESTERLY CORNER OF ELIJAH'S LANE AND WICKHAM AVENUE STREET VIEW OF NORTHEASTERLY CORNER OF ELIJAH'S LANE AND C.R. 48 ~G IVEN 69 ~ s S 0 C I A T [ S C""'I ~ -CJ :~ ~< :t'M Z -.,J ;-a C-:)I:"'II - - ~ - < (ii' :E o - (J) c rr ro' C"> - , "T\ IlJ Q. ::l to (J) o c - ::r :E CD (IJ - CD -. -< t::'1I [:"'W ~J - - ~ .. c::w (J) c rr ro' C"> - , ::::; CD I :E o - "T\ IlJ Q, ::l to Z o ::l. ::r :E CD (IJ - CD ::!. '< C'!S ~ ,,.... J I I I ~ c:'II tit C all c.. m n -4 '11 :z: o -4 o I:) = '11 :z: tit ~ "'- ~ 2JJO < SUBJECT PHOTOGRAPHS G / C // C /' ./ I I I .. I View Northerly Along Elijah's Lane ,....... .'" -.--- I ...... ~ - I ~ I ........ I I g I I I f'" , .., ~ View Southerly Along Elijah's Lane ~ ~GIVEN 7 r- ,J ,- ASS ~ ell: [ S - rOR PARCEl NO. SEESfe.NO. 095-03-00H " ~ ~i ~ - - - - - - - - - - rORPeL.NO. SfESEC.ND. 10l-01-005 - - - - - .'"' .,"~ ;'^\ / / / / / / ,::;~, / ~ ~.O 06 .~ .","' '0 '~. w. '"' / / / / / / / / / ,,\\r) " , "~~I>'-~ , // - - - / / - / / - / / - ,., 9.DAlcl - - - - I,j rOR PARCH NO. SH SEC. NO. lllO-04-004 FOR PARCEL NO. SEE SEC. NO. 10B~02-0(11.1 - ~---~~----i!-- " LltjE ~ MATCH LINE SEC. NO. 107 7 MATCH~ ~----c------- o SEE SEC. NO. loa "~IlloClCOf'YRlGHT1f1' ( Tax Map location ) 70 - - -. - II "," - l ~ I I - \ \ \1 -p;: . \~~.I\J:1 I- ,\--'^' ~ \ \,m~ \ ~ , \ I ~.8,O -- d ... \ \ \ I \ "",,1. \ / - - - - - - ~II \ - - f- '- -- - n ~ _ .LL \ ~\ \ ~0 .i-:::::~\r L-J \ \ - f---- - - _ OREGON RI J ~ c- - - r- t . . . :J - - ~ \ ~~ \- - ~~ C- - ~ \ - ,~ - n ~ ~~ I \11\ \ \ > IT. '-1\ ORTHRO \ \ \ \ Uh i'_ j I -' :=...-J '-r n r- \ ~ '--- - _L-~ ~ _ <i> Z - ..... L - - - -- I - I D~~ :~ I J \ \ II [ Zoning Map] 71 ~z>~~oz~~z~<~ oo~~~<~~ u u u Phase I Environmental Site Assessment 4600 Elijah's Lane 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of South old, County of Suffolk, New York. The overall property is comprised of 20.9 acres of agricultural land and associated buildings. This report addresses 17 acres presently occupied by farmland and a small barn for animals. The subject property is located at 4600 Elijah's Lane, which borders Wickham A venue on the south of the property. The irregularly shaped property has approximately 1,200 feet of frontage along Elijah's Lane and approximately 400 feet of frontage on Wickham Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-101-1-2.3. It is our understanding that this report is to facilitate the purchase of the development rights and that the land will not be developed. The subject property is utilized as farmland. The property has some topographic relief, particularly in the northeastern corner, which slopes downward. The middle of the property has a slight rise. No irrigation wells or fuel storage tanks were observed on the subject property. The animal barn located in the north central portion of the property is used for horses, geese, and chickens. The barn is not heated nor does it have any sanitary facilities or water service. Inspection of the overall property found no signs of release, residue, odors, or stressed vegetation or any other environmental indicators of pollution. No Sanborn map coverage was available for the subject property or surrounding areas. Aerial photographs from 1938, 1957, 1969, 1980, 1994, 1999,2001 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The aerial photographs identify the subject property as farmland. An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity ofthe subject property. One (I) closed spill located within a half (0.5) mile of the subject property is not expected to impact the subject property. 1111&1; NELSON. POPE &. VOORHIS. LLC EI'~\lIRONMENT AL . PLANNING. cor'.!SUL TII',S 4600 Elijah's Lane, Mattituck Phase I ESA In conclusion, this assessment has revealed no evidence of any recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. c"W rJ(;-- C'W C"'W ~ E:'1I 1:'. 1:'"1 View of barn looking south t" C-. , ) r-JI r. c. C""W L'II ~ (.. L1I View of barn looking southwest , , , . View of barn looking east C"I t"""'J (-. r-. t"'"J c-. C"'W C""'II c-w View of barn with fowl ...~ .. . .... ...'::...~ View of fenced in area for horses looking southwest r""t 1:". , ) C"I I:"'W ~ c-w ~ L"1 (.. ~ View of northern section of property across from the barn View of barn from a distance looking east. r'I I., r '- ~ ~ 1'1. . ,.~ . ~ .. f'\\ .. ~ ,.... t , . c G C C ,.. .. ~ FIGURE I LOCATION MAP ." ~~ ..~]' \ <- "'~ ~? . v.~ ~,,#" oI<~ $' # .. <<. 'i: .", <. v' .,~ :v 4' p ~ :Jt,.. J. f WII"I.ll.. .fJ :,.. \ " :~ <>l. 'q,q. ,. <;. " :s i' ~ ....~ .;l-~ ~ ->> .#' j." & ~I'~ \~~ .,1~~"" If<? III ~ ~f '> .. ./< ~ ~~ \. ~ ~ ~,~ j "t, .I ''i4 '}.;; )~ ')'.$"/~;'fl> 't(\. , I~\( ..I:t< i*v " , ,~ t-, j ~~ \ jf ~. i.ia..atooka '" 0/.,10 Pc"" '""~""'jT .",~, \ I' f) "" .....~oi '~ M....;.'" I >,fiVStJ+(\.,,{ ->". ~. - --- . , . ..~>. I" ~ .~""",l=(t~."'f;'" ~, ~ t~. ~ ~ 0 ~~ ~ ; f, ,. B s ;: ~ ~ ~ f' ~ ...-: t~ ~ ".. Source: IkLonnc StTl"C1 Alias Scale: Nol to Scale ".-.. , #;::"- g->' i- .t, '~ ~ .rfJ1Q..,,, '" sF'" .,r ~ ':p, -$'.;" , 41>00 Elijah', Lane. ~laltil~ek Ph a.. I f.SA 1: ~ ~ :"$" '\.., / ~/jy-.~ "0 .....V '.. '')--r "ld~"'II"'I.'ll'.o "<I-~Rc.)<1"D <>'" ''lJ ~';" 'i'<."o9 ~<$' ~i-.. ...~ ~ 4 s I! % I \. ~ L0"915Ji>_ -~ "-r ~ (>,.,. <1- ..f:> ,,,,,<f' ......"" @ ~ 4 -:. 1~ r>o . '''' <P '~ ~ ~ ~ <P ____5- r L . '- t 1tIP.S17 . 5CJ'.j~I;.-:X'" r" . -,-' ."." ~ r.',or...... li.~or.,.~.,.,).,(ft::o ~.;. <>-!f " M>t.tlrt A.r~s~ CI ~G<jI)Wl' ., ~ " @l> 'i ~ ~ "I'lt- ~!~1't.. ~ ",,511# ____.... ~ ~'" "& ~ "~ 0; ~ I,ltAOO\\et~U'j "; CPlll.(lP. 'f'l'..;L.D NOKIH + C r" '- ~ ~ ~ c c ~ c "- L ., C " ~ I \,~ W . r , "'" Source: NYSG IS Orthllimagery Prognlln. 2004 , Scale: I" = 350' ItP&W ., ">E.. s;:N ''''-"""PE I>. ~--s .. '.-"#V""T"'~"Al.'''''.AI''~',,-, t<" ~1'''' 4600 Elijah's "ane, Mauituck Phase I ESA FIGURE 2 AERIAL PHOTOPGRAPH " ox- ." "" / '~''''. . '. "I' , ~ <' ," . ". i' (, ,'3< ''''.'. ,. , 's.t:' ;$,. -\ ~~.~ .. '\ ..,<\X~" '(',,'\ -, NORTlI + ~... 1::. (:-- I:""W 1:"""11 r:-. r--. ~ iC"1I 1:''' -=-- C"""I ... ) I:"'Ii C .. t"""1I c-w I:""W (;1 t""W ~600 Elijah', l.ane, Mattituck Pha,e I ES,\ FIGURE 3 LAND USE MAP .. ... " ..., \ \ , " , , ,,::r 't ,,~i.l!:i~ulture ., " ,~ , 1 .{...,.'"<. ',. \..." Agriculture "~'V'..t. ,..,~~ '1'''" ,',...... . 'a.:.~'. "-,."" <fl"'tt r :e'J>' :\ ~ . ;....,.~.~ .', ,..-.-(.'\.\ &~. Source: NYSGIS Orthoimagery Prob'Tam. 2004 Scale: I" = ROO' NORTH + .Pf:M /",-SO\I~ C ~s ,-_C I ..''II~'rl. "',v-/'.A.. N~I -r. ~ f"1 '"' c ~ 11 ... ~ n ... c n . - ,. ~ .. f"1 ~ ~ c ~ c ~ FIGURE 4 ZONING MAP _i":.-:.L_ ------~ ~~-.,-< ~ .,., 1 " - R~O t:ti R-80 ,., l .... Source: '-" Scale: ~ liP&W " '~. ~""" & v=r.. .. '.. -".r....'~......Al . ~ 'I.'., '"..."""; . - 1-~ ., ,- ~ ~ .; ,~'r~ _-~ LB ~ .........; ! j , , Town of Southold loning \lap NOI to Scale Ac I --= ;:;::--=-~ ~--===--~::- ~ .- ~ .. i i l .........' , .........' -~- - -. - ! ~~ ~ = " ~. Zon. Ae R-40 R.8<J R-120 R-200 R-4OQ HD 'AJ:to RR RD H8 LB 8 "" "'" LID II 4600 Elijah', Lane, ~laltiluck Pha.. , ESA .~ -~-~~~':;~ ~~-":"';.~ ~ -.::c c ...-;;;.. ~~ '. .-.- ... \ ....Qe.cription Agric:uttural Col!servabOn R~~~ low Density M. Re5ldentla1 Low Density A R~ballow DenSIty B Residef1tiallow [)@nslfy C Resdenbal Low ~It)' 0 Haml!! Oe~~ Resideon!i~ Affordable Hou$i'1g Distnct Res.ortlRe~enll3l Re$ldenbalfOffM:e Hamtel BuSlnes, limited BUSlfle$S - --.- Gene-ral BUSiness "':.....-..,,1 Manne II LtghllndustnallOff~ Pan.: l'Shllnd~tnal !\ORlH + c ,., '-' r . ~ ~ ~ ~ ~ c - r r .. ~ ~ ~ c ~ c ~6t10 Elijah', Lane, ~lalliluek Pha,e I ES,\ FIGURE 5 SOILS MAP .110. l) r t ... Source: Suffolk County Soil Survey "'" Scale: I "= ROO' ~1iP&W , /' e!3 RdA I HaA ~'(l ~ Af) {;;;;J ... SCJ"~ '~'''f: 6;. ~~"- ~ . .....,,.,,....-.,~^4 ....fl.."......... ~ He"- .....----. M)Rnl + c n "" c ~ n . ~ n . ~ n IIIiI ~ " .. ~ 1'1 . ~ " w c 461lCl Elijah', I.ano, ~Ialliluok Pha,o I ESA FIGURE 6 TOPOGRAPHIC MAP ---~ 0,': /~ ~e}~~''I1'' '..y;;' ",-. .. .r'" ,,,,, . ;...--- . /.~ /;. ~ . ~/~~ /70. 'r..... ,. // '\'V ~:). ,~.': '~~->;-r. ~.- _.,/~ ~ ~~. (/ ~' .' S J"'" '~~ .s.... ') () _.' (SO) /.: 1.~-- '" .,~ ',. '~ :,:~~~~-,. '." ,,':~ I , . , '. , '.; ,/ '\ () r L. ... \..,. ~oUtl'c' USGS Topographic Quadnmglc. MaltHud Hills ~ co c. 1"= ROO' 1rIP&W ,., '\Ifol ~ "'l:.~ 6: \J'CJ(Y"<<S ~ "~t\IlIY:P-#'."''''''''Al. . "'. A1'....;.~. -- .' / /:..~U~'" 0" ..... T ; ~ I 'Ville , , , " .~ -. '..... \ \ , o , '\ ,\ Ii. '.', r\ ..- , .' ,.. t, ".,"; -, ,- . ~ / / /' "-- ---" / . /.-" ~- I ',\", ./ , ' -.;, '~\ "\\ .- ".... ,.- '\, l l:, I,' . I I .~, l .~, \~. ,y} , - /-" f )(' 1'/' '".' \'J: I. d<'" Z, 1.1' ,b" [\ ;, ~ ..... " r I \ " . ~c . r , . \"W. J- , 'J '" ' '..,,:t:.'a \', IJ , , .) , . . , . , , , , '~, .. ',,\ ,0 ~. '" '\< ~-t- '\t \.... ..c.' ",., '\~ ! / . '. ,-.", ~ -, ,', ~ , , , '. -' , SOR1H + ~ ("1 '- ~ I"'l I. ~ ~ 11 1M ~ " . - r' , . ~ c r . FIGURE 7 WATER TABLE CONTOUR MAP t 853333 5460 I 816756 0698 /'/ / ( ,. 4 ) -- \ 851581 / 0705 o g S54885 \ .803 ~ \Xl)}R"~ I HAl , 853324 5700 4600 Elijah', I.an<. 'laUitu<k Phas< I ESA 816780 .j 3580 ..../ ~S(j ~~ i7 ~. .- !I()(; ,\'/:X'I\" n. \ r LIT1 PECC BA GREAT PECONIC BAY ~ \ '88 J~7: 1(,0( t\ORIH + ~ ~ r ~ \.... Source: SC\\"A lli,tnhution Map. 2005 Scale: Not to Scale ~ 1iP&W ~ rt "- ~ ~ ~ C n . n .. c - r' ~ .. ~ ~ C n .. 4600 Elijah', I.anc, Mallituek Ph.,c I F.SA FIGURE 8 WATER MAIN DISTRIBUTION MAP \ /;', '- //,~ '~< -^ .' /',- ~(/ ,'/ / )" / ,"'- , ;-.. ~, " / \ M",'wu U '\;,\ \\ I; ~~ ,,1 . ~ ... I , " ~~ .--, , . f ,t' . " NORTH + r ',!E',-st:J'~~&.~....",. ... :"N'6V't,,~r...... p. ^",r. .' . n L .. l Source: NYSIlEC Freshwater Wetland \lap. ,\lattituek Hills - Scale: I" ~ ROO' ~tiP&W c ,.. "- " ~ c ~ ~ ~ ~ r . I: . c c n ~ ~ ~ C 4600 Elijahl~ "ane. .\1altiluck Phase I r.SA FIGURE 9 FRESHWATER WETLANDS MAP ([)~OO 0..'\' . 00 . ~. , , , , '... ... .' ... ... , ." " ... .,,'" " " .... . " ,,. ,/U .... " ... , :> T o ~ o .. '\ , , ,/ '( , '\ '\ , , . ., , , NORTH + ">E SO\I PC"" G vtY'lI"'lo <oS C'-'''''''.'Y:'''JI'",-v>-rIl.i''''.'''T.rC.' .. 1'1 .. ('1 """ ~ ~ FIGURE 10 FEMA FLOOD MAP " . ~ C f1 . f'I . Town of Soutll 360813 - r ~ .. ~ C ~ C C'~ <<' " .. ~ r , '-' Source. FEMA Flood Map. Panel 144 Scale. Not 10 Scale ~ .P&W J1 E',~~_ e;; ~~ ... '"^"""M~~ . p .v.~. . ZONE X ./ / ~600 Elijah', Lane, ,\Iattiluck "h..c , ES,\ "OR"l + , \,~ , " '\" '\, " " '\'\:-~ .,,~( '~ ~~ ~ '~~~'"' ~; \,,"''','' /"'>.. ' ~ ,A( \, / 1\ ~ ')1 ' '~,Y 3 2/ / y;/ _r\.",,,- /fr:/ '="'''''-,_. ,j';7 ., J\./ "'i,/',,/~ y,' " ,/ ft' '", ,/Y,;/ ' <" / / # f /1 f /' /" /' /// // /" / -----~ 'L L.----... /)~~ j7'~-",," .......... 7.}' ~ /'Y "/~~"" f "" .... ~," 7 "u /' /'\ "f ,/', j?" \ '\ If" / " /' /' '\. '",-J)''' /' '\'. ="" \ ./' / /1 I '>~'" ~.,,,,,- "~ ;;~' -:,,, I \,'" "'>.. J y' /0( ? /' '<<, "lo ? \ ' '1 //'~ \ A;j/ ../'7" / ( I '\, \v/y~,,\ '\ ,/ i( q '>. 'l\"" / ,y; , 114600EI I L\.n '\, /' ,A \ ,IJa1s.""e) < }< ~- \ \~ \I. '" ~ .>-'I'{'\..'\. \,,/F~ \ \ I \\ ',j~:; II / I '\..~ ,// ,,, \ \ \ ' '~;1YJ'f( I / / \;-0 '\ ~ ~\ -: '\ ~"'~__~ .A/'':f/ ~ ~,// ',,\, \~ "-.l$- \ "'_. /" ~ \/'~' ! \~\ \ <>~:::~--Il.; < '\,' ' I 'V'''., iJ '.,,\ '- ,~? \ 71/'7/' ,/ ~~ \ f{~ \\ '\ /?/ '\.' .-<~,f , / '\ \ "\ /1 f '{ \, \ 'v""-.. \, 1'1 / / '\ \ ~l\ ~\ M /" ,,\ \ ~ (I \, ,'_ ~?~ / ./ \1 \ --, /l1~__- 'J'!) \ p;, \~ I" 'lr^," "\ ,;flY \, i'l ""~--&, /.f "'/f! '<'\ ,~jj" ('" ./ \ If "\, "j' ", >" 'ie' " ' y/' A" '" ~,tV "\, '\ 1/;/,: \\ \\\ _~ -,"j"I(;:>~~~~"'='''' i' \ ,\ /,>j-,'~ 'j II #-/ ,,\~"''''~, I' \ \\~ .. ..~~--\IJ. ~ \~i_ \I! t""",- /' I l\, ~~""---.-,l \ \~ ,~ / \, , , ,-"" ,/' , '\, '~>.. \",;f " I , I, ,( f II , , 112 o Distance In Miles 118 Taxies Tar'geting 1 Mile Radius Map 4600 Elijahs Lane Mattitucl<, NY 11952 w+. s ~_Nat:jonal Priority -)yCl_lst (NPL) tJi:\ Inactive Hazardous Waste \:u7' Disposal Registry Site In_~=] Site Location County Border _ 1Mile Radius 1!4Mile Radius Suffolk County Inact Haz VVaste Dis; ~~ RegistlY Qualifying D RCF~A Corrective Acllon F3ClIIly ~ ' '. --l WatelhxJy Railroad rracks 1/2 Mile F(adiLlS llSr,.'1ile F~<'ldius ~// ~ --------- ~~/ ~'",' ,/ " ,/ ''\~ / ,\, .->~-~.-. \. \ /;:<; / ''-P' \ // // ~. ' ~/./.# /" ~'\%" ,;/ /:/ / ,/ '\\~'" . " /. ,/ h 4' ''\z\ ~ />. /~;)\. . ~ ?~/ / I -':' " /:</// ". ,-, . {II '\~, \ .;~<~';\ \ I ., //;/' ~, '~" //' /( ":'. I I 1/ '~'\" \ //:,/ /:/ ' '" \ J II '<" //I'JI':~JY '~, . '\ I :>;" ~. , ! . 46ifu~lijahS Lane /;if/C:/ '\.'} // \ ""\ _/F Xc. ~ \'\ /f /:~; // '~" '\ ' '~ #~';Y, /" '~; \ ~ ,/// ;/ U / I ,\, ,/.-:; Ii :/' , , .,;'d,;;f:)/ I /' , \, \. .~,:;;:;(/\ / / .. / \\~ \ ~. ---;;::;/ /<j \;.,4 / '\'" '" /,~~='C='7';.f ,/\. ~ / .. // i/II ,/ '~~" / " \ >.~ hI'/! ,/ ';~ / / \~ \ ./~~ '--=. fll-> ~: / \.' ,// '\ '.' 1../ /.}.." '. \. ~ \." ,I II / // ',\ / \ ;/ \;, /f ///;/ '\" \\ ' /-::;::;,;:/ '\\ 1/ // ,_/7 -j ''\,;-. .~ .Y, I' II ,7 1:t~/ "" '\\ J;/ /" Ifl' \:," \\ lill ,/ ~i l \~, "" \"....1111 // t' JI \~ ""- ,Y{;'! / ../ " I \\ ............ //,-,1 ,.- '" \\ '_ //...)t\,/ -./ ~ \. - ///',~,/ ...-- ~\ / ~\ -- -;)7/;/ ~,,~ - - ~ II \. //1,/ \\. , '\ I~:;>'< '\, " / /\" , '" / ''::,- ,- ';"', \, ;:- ;/ // ,;/ ',-, \\ '<" 'c , 1/2 , 1116 , 1/8 -~. ,- - , 1/2 o 1/4 Distance in Miles Taxies Targeting 1/2 Mile Radius Map 4600 Elijahs Lane Mattitucl<, NY 11952 w+. s c~ CERCLlS Superfund Non-NFRAP Site rn EB H8zardous Waste Treatel' Storer, Disposer ' Hazardous Sllbst8nce Waste Disposal Site Hazardolls * Iv1alerial Spill [=~ ~J Site Location County Border ~ lMilG RadiuS 1/4 r,Aile Rddills I I I I Suffolk COll;lt)/ o Delisls-d NPI_ Sile .;:+. CERCUS Supe,-fllll': 'tJ-' NFr~AP Site ".---::~ Solid VV3ste l:~J FaCility (0\ ~!UWI-'[I,;icJs ,~) ~)'!L~ l~-=] \N<]tcrbod'i K,)ilrO,)j Trdcks 1/2 ~/1ile Radiu;; 1itlMili; r..;;:Jcli<Js ',. "'~'~~ '\,,~ ',:,<? '\\ " .' <''.'''''' -;.':::;, /'" \" /? "'::" "<:\ '" '\-, '" .~ " '\~ ~ \ " ~ \ ,>, ''\', ~ \ ''':-. '\:' ,'" \ "'0- ~ ~ \ '\;, ~ ~ ',,'\ \ ~ / ',\. 11// \~:~\. ,a;,/ / .~" //]~/. // 4600 Elijahs Lane "~;:. // .'/ "'>"'" /;/ /,if' ,. /' //11 ',', /~ ,/// /// // # ',\:\ // // \\ // ./>/ / I ',>, #c/ /:/ ! \', /' /// '<\ / /// ') /' /; '\'-<Y /:/ ! ,/ '\ /' ///J/"\/:;/ ,-;;// /Y ;'. I /;;/ // /;:/ \.~, ~ R;:-/ /;/ ;/'~, I /;:/ ;:' ;> ~,' /~ // ~/ '\", I' ~/ #'/ ~.. /:2:., -,-~ / ;/' ~~" ....::.---- ---,/ // q '\ ~/ 1/ /1 /', /~// II // 4' ",; /;;/ ij II /' ::C. .. --;.~ /I,j.! /+ '\.:~ ~ II I' /",- /-:;-;:::;:; , ... '" .II Ji ~ ~ ./ ? \~\" -:::::\~ ., ~... ""= - //7)/1 ~ '" '<",><' ....Y \"~ - =- = =-.. il j />~\ /;/ '\ II III / /;/" II ;/ ~"'=-..=""==- -' '- '- "'"., , "'- '",- '",- , " , " - , /' , /' , '\ , I , , I I ! , ! ! " I " i " 1\ " \ " \ " \ \ \ \ , '\ , " , " , " 1 I l I 1M 0 L--__~____________~~_~_________________ Dislan~in M~=-=-~~___ , 1/8 114 Taxies Targeting 1/4 Mile Radius Map 4600 Elijahs Lane Mattituck, NY 11952 M .+. .,~-- ,r------;52~'';J/~ \/"7 .;;.~ 5 Suffolk County o Major Ojl )::( Enforcement Storage Facility Docket Facility 1& Chemical Storage 6 Air Facility Release * Toxic Release V Wastewater . Petroleum Bulk Discharge Storage Facility Hazardous Waste 181 Generator, Transp. C~ Site Location 1:-',"1 Waterbody County Border I-+--I-+--I Railroad Tracks 1/4 Mile Radius 1f6Mile Radius ',', <, "~~ ~~ -------- "'~\. ~.,,-..~ '<', ,'" .~. #''G ",,/ '\~, /' '<", ? \\ /' '<>" , ,:, / "" '" "'\, I \', \, ',', " '\:\, \' '0" " '" ">~ \,>. '~ '\, , I I I , 5 , ! , I , I , 1\ , II , \ , \ \ , \ \ , \, " " 1/4 ",>. "- '- ""'"""""" " "",- " " , , " ,,<\. '<", \, "\" . '<;-, 4600 Elijahs Lane '\:, \:' " Distance in flililes , o '" ',,, \', \\,. ',>., " '\;-, ""-'\ "> , 1/8 " \, , \ \ \ , \ , \ , \ I ! I I I Taxies Targeting '1/4 Mile Closeup Map 4600 Elijahs Lane Mattituck, NY 11952 .+. s ~Nationaj Priority yLiSl{NPL) * rU-, CERCLlS Superfund ~ NOIl-NFRAP Site .. ~ Inactive Hazardous Waste "u1 Disposal Registry Site * EE Hazardous Wasle Treater, Storer, Disposer .* rI\ Hazardous Substance W Waste Disposal Site O MajorOil Storage Facility .H A Chemical Storage &t Facility". */ Toxic , . Release wh v Wastewater Discharge ... )::( Enforcement Docket Facility r=-;_-=J Site location County Border 1/4 Mile Radius . 1 Mile Search Radius ... 1/4 Mile Search Radius I ...;;I,).-,' ,,',--.,-1'- ~~ ~ 1 ,tl' I~>/' I Suffolk County o Oelisted NPL Site ofF CERCLIS SllperfunrJ I'JFRAP Site ~ D @ Inac!. Haz Waste Disp Registry Qualifying . RCRA Corrective Action Facility . Solid Waste Facility H @ Brownfie/ds Site .. * l'i<lzardDUS Material Spill . Petroleum Bulk Storage Facility Hazardous Waste t:'SI Gemnator, Transp. ~ Air L~ Rel;~ase'" Waterbody '-'--'+1 Railmad Tracks 1/8 Mile Radius .. 1/2 Mile Search Radius A P P R A I S A L R E S O L U T I O N Members Present: Members Absent: Also present: Commencement: LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, September 12, 2006 Ray Huntington Chris Baiz Lillian Ball John Sepenoski Michelle Zaloom Ray Blum, Chairman Eric Keil Melissa Spiro, Land Preservation Coordinator AI Krupski, Town Board Liaison • The meeting began at 7:10 p.m. with five LPC members present. Adoption of Meeting Minutes: • Adoption of LPC meeting minutes from August 22, 2006 MOTION made by John Sepenoski, seconded by Ray Huntington, to accept the minutes of August 22, 2006. Motion carried 5/0. ~KCe~ Applications: a~~P~Qd Q''~ /o~ The Members entered into EXECUTIVE SESSION. L~Cr~~ l ~I wtinut-t?o • DEERKOSKI PROPERTY [executive session] SCTM #: 1000-101-1-2.3 PDR Acreage: 18.9 acres Location: 4600 Elijah's Lane, Mattituck Zoned: A-C Total Acreage: 20.9 acres CPF: Yes Discussed status of prior offer: [executive session] Melissa told LPC that she had met several times with Deerkoski family. They are interested in proceeding with easement on majority of property. They are proposing to reserve area around existing house instead of subdividing it from farm. They want to be able to use the property in the future for equestrian related uses. LPC had lengthy discussion on what types of equestrian related uses are allowed or not allowed within Town development rights. Discussed riding lessons, horse shows, stable, etc. Melissa discussed Town's current Code and also PDR easement language from Easthampton and Southampton. Further discussion and review needed. LPC was not opposed to limited riding lessons. It is likely that a Reserve Area will be designed for some of the equestrian related uses. Melissa to continue review and discussion with landowners as to what uses they want. LPC appraised property several years ago and made offer. Update to appraisal n~cessary. [executive session] MOTION made by Lillian Ball, seconded by Chris Baiz, to direct Melissa to commission an update to Deerkoski appraisal. Motion carried 6/0. c p U B L I C c H E A R I N G c Southold Town Board - Letter Board Meeting of May 22,2007 RESOLUTION 2007-479 Item # 15 ADOPTED DOC ID: 2894 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-479 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 22, 2007: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. June 5. 2007. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin!!: for the purchase of a development ri!!:hts easement on property owned bv Felix Deerkoski. Said property is identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The property is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately l7ck acres of the 20.9ck acre parcel. The exact area ofthe acquisition 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 plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Generated May 24, 2007 Page 20 Southold Town Board - Letter ~-~rt-rrt'IL Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Generated May 24, 2007 Board Meeting of May 22,2007 Page 21 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. June 5. 2007. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv Felix Deerkoski. Said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The property is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17ct acres of the 20.9ct acre parcel. The exact area of the acquisition 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 plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland 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: May 22, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MAY 31,2007. AND FORWARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK. TOWN HALL PO BOX 1179. SOUTHOLD. NY 11971. Copics to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING June 5, 2007 8:00 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav, June 5, 2007, at 8:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinl! for the purchase of a development ri2hts easement on propertv owned bv Felix Deerkoski. Said property is identified as part ofSCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York. The property is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately I H acres of the 20.9* acre parcel. The exact area of the acquisition 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 plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; 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 notice that it has appeared as a legal on the Town Clerk's bulletin board, also in the local newspaper. I have a short environmental assessment form, all filled out, for unlisted action for SEQRA and I believe those are the only documents I have in the file. MELISSA SPIRO: Good evening, Melissa Spiro, Land Preservation Coordinator. As mentioned, this hearing is about the Town purchasing a development rights on about 17 acres of the property by the Deerkoski family. The Deerkoski's have been thinking about selling their development rights and talking to me and the Committee for quite some time now. the Deerkoski' s are. they are doing some estate planning and they have made plans so that their son, their daughter-in-law and their granddaughter, who are all involved in the fann will be able to continue to use it for agricultural and equestrian 2 purposes into the future. The Land Preservation Committee has always felt that this farm is a high priority for preservation, both agricultural and scenic purposes. The Committee and I worked with the Deerkoski's to develop a plan for their farm that we felt enabled them to continue to use the property as they desired but also to protect the scenic views from County Route 48. The property, especially the part on 48 on the south side, well, on the north side of 48 but on the south side of their property is highly visible from County Route 48. The easement will allow for limited agricultural structures, within the southem most part of the easement, basically from County Route 48 up north to where there is an existing home. Ag structures will be allowed within the easement on the northem end of the property. The family is reserving from the easement two acres around the existing house on Elijah's Lane and another two acre area on the west side of the property for future equestrian uses or any other type of future use that may not be allowed within the easement area. There are active farms adjacent to and in the vicinity of this property and the farm to the north is preserved already and the completion of the Deerkoski easement will complete a block of preserved farmland running from Oregon Road south to Route 48. The Committee members and I are all enthusiastic about this property and we hope to complete the project soon. We hope to close in the next month or two. We all thank the Deerkoski family for contributing to the Town's land preservation efforts, as we say each time, it can't be done without the landowners. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this hearing? COUNCILMAN WICKHAM: Is there anybody from the family here tonight? (No response) Move we close the hearing. * * * * * 1}j~,.L7i/)~ 'i~'J~~:;;;,'~~ville Southold Town Clerk c S E Q R A c R E S o L U T I o N c Southold Town Board - Letter Board Meeting of June 5, 2007 ~~ ~JI RESOLUTION 2007-530 ADOPTED Item # 2' DOC ID: 2901 / / THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-530 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 5, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Felix Deerkoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the TO"'11 of South old. Said property is identified as part ofSCTM #1000-101.1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48 in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 17", acres (subject to survey) of the 20.9", acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Tovm of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617. let. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Fonn 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. ajJ~CI.'Q,,;iJ.. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Daniel C. Ross SECONDER: Thomas H. Wickham, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSEN'r: Louisa p, Evans CiCllcratcd JllllC 27, 2007 Page 36 -- 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT/SPONSOR: Southold Town Board I: 'IAl(('CO"ioJc:,- r ,,\..\s "'~. 2. PROJECT NAME: -\e........'f"lo....V'fcI,.,O:;J.t' 0(. ~.e.,.) 3. PROJECT LOCATION: S,..(.(!k; Municipality: ':::oJ\-o\ ~ County: 4. PRECISE LOCATION: (Street address and toad intersections, prominent landmarks, etc, or provide map) '5C"t""^~ 1000 - lo, I - I - "2.. '3 Y~()t> t;:\,'Ic.\"''.s. kd'\< I MA~~,,"ue~ W,{<Cl-~ Av~ N~~w.,~ t"~'"(')<4'~I""", ~ !'5li.\.....\...'s L"",.... "~ 5. IS PROPOSEO ACTION: m New C Expansion [l Modification ~..............~~.~---=---~. '"~ 6. DESCRIBE PROJECT BRIEFL J, (, . lv+s t" 0.[' ':<Q.'1 i ",r(<, ')'f<p<"(~y . -;<<rn pvrehQx 0+ ~V( O{1mo\+- ("15 ""'k",^",,,..k o-A 17 - Q..C(-PS 7. AMOUNT OF LA.,f:lD AFFECTED: .,... _~~J INITALLY /7 - acres ULTIMATELY /7~ acres - ... - 8. WILL PROPOSED ACTION COMPLY WITH EXIsnNG ZONING OR OTHER EXIsnNG LAND USE RESTRICTIONS? l5?' 0 p,.&. Yes No If No; descrrbe bnefly , ReSidential Comllleroal Industrial Agllculture Describe ! ~o. DO~S Ac;;,ON I~-;OLVE A PERM;':~;~ROV~~,-oR-~U;DIN~: N~W o;~-;:';;~~;T~LY;ROM~;;;;:;;;R-GOVERNMENT-;;;- I ;ENCY ~DERAL, STATE OR LOCAL)? I Yes No If yes, list agency(s) and permif/approvals .,.--"" Ov:,tJ :j,o'\a '" I-"'~~~~-"~- ._____~m~~~_~ ..--.-~-...~~.___~..._~~__n_____....__..______... __, __. 111. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? i Ci 1Y' ! Yes. ... No i ~-------~..__._-.. -.---.... .~.. ... --_...-.._--_.....__...,.~~-- -.- --........- ! 12. AS RESULT OF PROPOSED ACTION WILL EXIsnNG PERMIT/APPROVAL REQUIRE MODIFICATION? i iI [Xl . Yes tk, --~~----~_._~.~~,~""~~ r Pat kjForestjOpen space Other It yes, f/~.,t agency(s) and permit,lappnwa/s r--------n--- I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE !\PI,hc,'1" I"'" '" ij,,," ~f5t4-JIi10i 14,.;)Pr().~( __ ",qnJl",,. ~ ~ If the action is Hl the Coastal Arc<1, ilnd you arc a st<ltC' agency, complete the CO<lstal Assessment ForlTl befOl(, proceeding with this a<,sessmcnt lJ"t\.q!!~7 PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTIOH EXCEED AHY TYPE ITHRESHOLD IN 6 NYCRR, PART 617.41 o Yesf{J No If yes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 o yesl2!' No If no, a negative declaration may be suspended by another Involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality Of quantity, noise levels, existing traffic patterns soUd waste production or diSPOSi\'x;otential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? ExPlt)'eJeftY: C3, ~tation 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 officially adopted, or change in use or intensity of use of land or other natural resources? EXP;t"Jriefty: . i C5. /;!?h, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. LOR~ term, short term, cumulative, or other effects not identified In Cl-CS? Explain briefly: C7. O~he~impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AH IMPACT ON THE ENVIROHMENTAL CHARACTERICSTHAT CAUSED THE ESTABLISHMENT OF A CEA? [J yeslri No E. IS THERE, OR IS THERE LIKELY TO BE, COHTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? n rP Yes No ... . . PART Ill. DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCfIONS: For each adverse effect identified above, determine whether it Is substantial, large, or othef"1Alise significant. Each effect should be assessed in connection with its (a) setting (I.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (f) magnitude. If necessaty, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question 0 of part II was checked yes, the determination and I 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 potenttally large or Significant adverse Impacts, whICh may occur. Then J proceed' dtrectly to the FUll ENVIRONMETNAl ASSESSMENT FORM and/or prepare a pOSitive declaratton. 'f72O Check thiS box If you have determmed, based on the mformatton and analYSIS above and any supportmg documentatIon, \7^"' that the proposed actton WILL NOT result many stgntftcant adverse envIronmental tmpacts AND provtde on attachments as necessary, the reason<; supporttng t~ de ermtnatton ~ I :::Cu \c\:: ~~ ;s,o""",J .1. . . C ~ (Ie) nc of 1-flla Agency . .. .::>colt \;.vs Print of type Name Ifferent from of responsible officer) _~J ~~~u=<oo~ ~~ooo~~~~oz u u u Southold Town Board - Letter Board Meeting of June 5, 2007 RESOLUTION 2007-534 Item # 33 ADOPTED DOC ID: 2901 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-534 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON JUNE 5, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on part of a certain parcel of property owned by Felix Deerkoski on the 5th day of June, 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 opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48 in Mattituck in the A -C zoning district; and WHEREAS, the development rights easement comprises a part of the property of approximately 17ctc acres (subject to survey) of the 20.9ctc acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values, and as an aquifer recharge area; 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 (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Generated June 27, 2007 Page 47 Southold Town Board - Letter Board Meeting of June 5, 2007 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it / RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Felix Deerkoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-101-1-2.3. The address is 4600 Elijah's Lane, Mattituck, New York, and is located at the northwest intersection of Elijah's Lane and Wickham Avenue where the roads meet on the northerly side of County Road 48, in Mattituck in the A-C zoning district. The development rights easement comprises a part of the property of approximately 17", acres (subject to survey) ofthe 20.9", acre parcel. The exact area of the development rights easement is subject to a Town- provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement 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 proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the LWRP. ~~(:n~,--:l.I", Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: William P. Edwards, Councilman AYES: Krupski Jr., Edwards, Ross, Wickham, Russell ABSENT: Louisa P. Evans Generatcd JUIlC 27. 2007 Page 48 c C L o S I N G c S T A T E M E N T c CLOSING STATEMENT FELIX DEERKOSKI to TOWN OF SOUTHOLD Total Parcel Acreage - 20.8739 acres Total Development Rights Easement - 17.201 acres Primary Agricultural Structure Area - 8.0640 acres Limited Agricultural Structure Area - 9.1370 acres 25'x475' wide access within easement area - 0.2726 acre Reserve Area - 1.8365 acres Agricultural Reserve Area - 1.8365 Premises: 4600 Elijah's Lane, Mattituck SCTM #1000-101-1-p/o 2.3 Closing took place on Wednesday, September 19, 2007 at 11 :00 a.m., Southold Town Hall Annex Purchase Price of $ 1,320,415.20 (based upon 16.9284 buildable acres @ $78,000/buildable acre) disbursed as follows: Payable to Felix Deerkoski Check #92709 (9/19/07) $ 1,320,415.20 Expenses of Closing: Appraisal Payable to Patrick A. Given, SRPA Check #80430 (3/1/05) $ 2,500.00 Updated Appraisal Payable to Given Associates, LLC Check #88417 (11/8/06) $ 2,000.00 Survey Payable to John C. Ehlers Land Surveyor $ 3,750.00 Check #92597 (9/11/07) Environmental Report {Phase I ESA\ Payable to Nelson, Pope & Voorhis, LLC $ 1,300.00 Check #92110 (7/31/07) Title Report Payable to Land America Commonwealth $ 6,152.00 Check # 92711 (9/19/07) Title insurance policy $ 5,682 Recording easement & $ 320 Certified easement Recording C&R's $ 150 Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 Check #92710 (9/19/07) Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Felix Deerkoski Gladys Deerkoski Abigail A. Wickham, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Seller's wife Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst DATE CHECK NO, TOWN OF SOUTHOLD 53095 MAIN ROAD SbUTI'IOLD, NEW YORK 11971,0959 CLOSING 09/19n007 92 THOUSAND FOUR HUNDRED \ 1i1'J\~~~, \ ',:cI'IORO!l!l, ...: ,DF,", ,';\.';"" ~.,.; '. ,,--,'''; " ,,&.' _ f':I ;~.-' :'.' -,.',.' , . .. II' :Et':X,: ElERKQSKI .' tL ~"3).,,, J POi; l,iGJc::,248' , ',' Mf;.T~t\j':!J~kNY 11952 ~".~' ,,";,';:, ~t7.d~~ ','C:', ;:::".';}: ~ 1 . ; '" ' ~ '/ lI'O.,2?0"II' .:onl.osl.r,I.': r, 3 000001. all' VENDOR 00399'1 FRT,TX DRRRKOSKT ,r Og/lg/::>007 r'HRr'K q?7nq " FlRID S. ..7\..CCOrnJ'I' ['.0.# nl'.'OICE DE.JCRIF'fION 1<H6UN'f H2 .8686.2.000.000 091907 DEV RIGHTS-16.9 1,320,415.20 TOTAL 1,320,415.20 '- ../ TOWI, OF SOUTHOLD . SOUTH OLD, NY 11971,0959 ~GIVEN ASS 0 C I ATE S PATRICK A. GIVEN, SRPA box 5305' 550 route 111 . hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 February 18, 2005 Melissa Spiro, Land PreseNation Coordinator Town of Southold Land PreseNation Committee 53095 Main Road Southold, N.Y. 11971 rB) IE ~ IE ~ W lE ~'~: Ull FED 2~2005 lL! . Re: Appraisal of Property of Felix & Gladys Deerkoski Located West side of Elijahs Lane, Mattituck, NY File# 2004288 GLI08S 20 View 1 Vendor.. 007416 Y=SeIect JE Date Trx.Date Fund Account ------------------------- Use Acti 4/20/2004 4/20/2004 H3 .600 9/07/2004 9/07/2004 H3 .600 11/04/2004 11/04/2004 H3 .600 11/30/2004 11/30/2004 H3 .600 12/28/2004 12/28/2004 H3 .600 ~ 3/01/2005 3/01/2005 H3 .600 3/01/2005 3/01/2005 H3 .600 TOWN OF SOUTHOLD ** Actual Hi GIVEN, SRPA/PATRICK -------------------------------- E =Shift Up F3=Exit FIO=Prev View uc1ect Record(s) or Use Action Code $2,500.00 Disburs Inquiry by Vendor Name ............. .Detai1--GL100N.............. W-03012005-123 Line: 152 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 3/01/2005 SDT 3/02/05 Trx Amount... 2,500.00 Description.. APPRAISAL-DEERKOSKI Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd. . CHECK........ 80430 SCNE Invoice Code. 2004288 VOUCHER. . . . . . P.O. Code.... 13453 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 3/01/2005 Date Cleared. 3/31/2005 F3=Exit F12=Cancel . . ......................................... . ~G IVEN ASS 0 C I ATE S 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 Southold P.O. Box 1179 Southold, NY 11971 I Invoice Date Invoice # 10/1912006 141 Please make check payable to: GIVEN ASSOCIATES, LLC. File No. Terms 2006261 Due upon Receipt Description Amount Appraisal of Real Property of Felix Deerkoski Located 2,000.00 West side of Elijahs Lane, Mattituck, NY S.C.T.M. #1000-101-1-2.3 Disburs Inquiry by Vendor Name Hi ............. .Detail--GL100N. . . . . . . . . . . . . . LL W-11082006-361 Line: 223 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 11/08/2006 SDT 11/06/06 Trx Amount... 2,000.00 Description.. DEERKOSKI UPDATE Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd. . CHECK........ 88417 Invoice Code. 141 VOUCHER. . . . . . P.O. Code.... 15940 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 11/08/2006 Date Cleared. 11/30/2006 F3=Exit F12=Cancel GLI08S 20 View 1 Vendor.. 007416 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti 2/28/2006 2/28/2006 H3 .600 3/28/2006 3/28/2006 H3 .600 5/09/2006 5/09/2006 H3 .600 7/11/2006 7/11/2006 A .600 7/25/2006 7/25/2006 H3 .600 8/08/2006 8/08/2006 H3 .600 9/05/2006 9/05/2006 H3 .600 10/17/2006 10/17/2006 H3 .600 ~ 11/08/2006 11/08/2006 H3 .600 11/08/2006 11/08/2006 H3 .600 12/05/2006 12/05/2006 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/16/2007 1/16/2007 H3 .600 1/30/2007 1/30/2007 H3 .600 ------------------------- Use Acti =Shift Up F3=Exit FIO=Prev View _~lect Record(s) or Use Action Code TOWN OF SOUTHOLD ** Actual GIVEN ASSOCIATES SCNB . . ......................................... . JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 --:~'- .~ Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold. NY 11971 Invoice Date Invoice # 8/22/2007 2006604 Your Ciient -:- SCTM# My Job # 1000-101-1-2.3 Date of Service Description Amount Current survey of 20.9 Acre parcel for Deveiopment Ri9hts 3.750.00 Purchase. D~'{)s k I GLI08S 20 View 1 Vendor.. 005322 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti 12/19/2006 12/19/2006 H3 .600 3/13/2007 3/13/2007 H3 .600 5/08/2007 5/08/2007 H2 .600 7/03/2007 7/03/2007 H2 .600 ~ 9/11/2007 9/11/2007 H2 .600 TOWN OF SOUTHOLD ** Actual Hi EHLERS/JOHN C. -------------------------------- E F2=Shift Up F3=Exit FIO=Prev View r lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . W-09112007-102 Line: 126 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 9/11/2007 SDT 9/07/07 Trx Amount... 3,750.00 Description.. SURVEY-DEERKOSKI PROPTY Vendor Code.. 005322 Vendor Name.. EHLERS/JOHN C. Alt Vnd.. CHECK........ 92597 SCNB Invoice Code. 2006604 VOUCHER. . . . . . P.O. Code.... 16917 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 9/11/2007 Date Cleared. F3=Exit F12=Cancel . . ......................................... . Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville ~7 Fax: 631-427-5620 Property: 07134 Project: V A02392 4600 Elijah's Lane, Mattituck Manager: McGinn, Steven ~ Invoice Invoice #: 5049 July 13,2007 To: Town of South old Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice Date: Invoice Amount $1,300.00 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed thru 6/19/07 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $1,300.00 100.00% $1,300.00 $0.00 Current Fee Total: $1,300.00 $1,300.00 *** Total Project Invoice Amount GLl08S 20 View 1 Vendor.. 014161 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Actl 7/17/2007 7/17/2007 B .600 7/17/2007 7/17/2007 B .600 7/17/2007 7/17/2007 B .600 7/31/2007 7/31/2007 H2 .600 7/31/2007 7/31/2007 H2 .600 ~ 7/31/2007 7/31/2007 H2 .600 7/31/2007 7/31/2007 H2 .600 TOWN OF SOUTHOLD ** Actual Hi NELSON, POPE & VOOR Disburs Inquiry by Vendor Name . . . . . . . . . . . . . .Detai1-~GL100N. . . . . . . . . . . . . . W-07312007-770 Line: 211 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 7/31/2007 SDT 7/27/07 Trx Amount... 1,300.00 Description.. DEERKOSKI-PHASE 1 ESA Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd. . CHECK. . . . . . .. 92110 Invoice Code. 5049 VOUCHER. . . . . . P.O. Code.... 16918 Project Code. Final Payment Type of 1099. Fixed Asset. . Date Released Date Cleared. F3=Exit F12=Cancel SCNB Liquid. BOX. 07 F M Y 7/31/2007 Addl. -------------------------------- E F2=Shift Up F3=Exit FlO=Prev View Select Record(s) or Use Action Code . . ......................................... . fJjL~ COMMONWEALTH LAND TITLE INSURANCE COMPANY 185 Old Country Road, P. O. Box 419, Riverhead, New York 11901 631-727-7760 fax 631-727.7818 hlrJ13CJ071.J1 Date qll't/oJ . Title No. FEE INSURANCE COVERAGE VI /,3,),0.1/ /.[;, d6 PREMIUM $ SfogJ.dtJ FAIR MARKET VALUE RIDER (OPTIONAL) PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbltratiun Residential Adjwtable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPARTMENTALSEARCIlES STREET REPORT ESCROW DEPOSrf ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RECORDING FEES: , I IJ d-tA. A. rI ) BEIffl(B) ,91 ,.. J d l1e, lj tv> 1->1- t'LIf. l1#h. .3,JI'J.tJO ( ) SA TISF ACTION(S) lJ v (J v (/ ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFlDA vrr(S) ( ) ASSIGNMENT(S) C)) {'flY ~ . .-1:. t4J ~f . +.;." ISO. 0lJ TOTAL CHARGES $ /~/'~,/)O CLOSER CUARGES, IF ANY: PICK-lIP FEE OTHER: PATRICIA L. FALLON TrfLE CLOSER .~ / fJ-.W ~)1 ;J';,~:.:' . ;;'. ......fil... ~ TOWN OF SOUTHOLD ":::(11 --'1"\-- ,'" -'II' ","", ,. l ' ", 'It "'I';' " ',' " ".Il9~MAU'R OA~ j '::"~-;j ; :::;::-, ~"::m:-:,:';: ;I::__.-_(;t;-_~~\f~f.:;~_:;:::;!-:~.;;';HJ' " ";-:'_--:_"_i?':'-~:;)~ ~I"'! __ t'\iJ. r1\!llI li~f<<i~!~rl:~tr'~~:i;:;l~i~g.:;~:;\". ",,' ',; '. ,', S~ljiH~?:Nt;WYORK 11971-0959 :,: m::::: 1Il'::E: m",.c 1lI",;~ !Ik":;' IlL ;, ;l\.:, 1\;7.. ;", .. " 1=\11 =,111 "'""'\Ii =1\1;,::::11\ '."11' ~,: ill ," "I' ~\" ' ;'r"" (if ~ ~H ~~ -1'\7=~ ~1'!1~~f; ~\<~'f';;.~~:tr(";~L: m-;;~-s~:::;' '-!' r,-.- ,.n---. ,!"<.&'., f"'~" .,n ,,,'.. ,..,1",_ ," j!'--~" !'.f' \ """, =\11 =\"\='11=1'1""'\\'" "II ',.."l "., .', :~\\~\~'li\':.-~TI'I~:-I\i,I:f:H'\;-~~i~;';~;:""";;""'" , '.. " -- , ~- { '.,-' , -.~-" .",---:,:;.. !'i""':" _"'-- ,':,'- '.' ,...--.- J', ',' ,-. ',. .._....~. . '"....::.: ,... .... ..' ,",,~I-Xm'ffl0'*'~'DlIl~'{!tiimaEOF-IF'I'Y 'I'V10 ,NW :" H~ 2{' m :;;'2' t~,( ;:::'0 }H:;;:::: EE:<: {H L:':', p ;;.?:;:- ;:,i ,:).' \ ;~';-,' ','_,:". ;.:'::' ~} ~<:; ~~, ~\~:. ,i:~J: ::~~r;~~;> PATE CHECK NO, Il/B 092U1; . N(), .' ....;',;.:::. m:~':'~~w::::::a~. ""..UFFOlJ<obuMt'l....~~.,': G:;~Gr~/u 'CL0sr!'<G H , 09/19/2007 00/100 DOLLARS 711 ~~ M' J/ lI'O"l2?~~II' 1:02~"05"~"1: ~:I 00000.. Oil' VRNDOR OO"SO T,IINDIIMRRTC"II*(,()MMnl\TWRIIT,'!'H r nq/l q/')nn'7 . . ('l~H'r'V 0")'711 " rUND li ACCOtRJ"l' F,O.# INVOICE DE3CIUJ3nCN kI10UNl' H2 ,8686,2,000,000 H2 . 8686 , 2 , 000 . 000 H2 ,8686, 2 . 000 . 000 16915 16915 16915 RH07300744 RH07300744 RH07300744 TITLE POLICY-DEERKO 5,682.00 REC/CERT COPY-DEERKOS 320.00 REC C&R'S-DEERKOSKI 150.00 TOTAL 6,152,00 '-- ./ TOWN OF SOUTH OLD . SOUTHOLD, NY 11971.0959 .- '" , " . ' TOWl'lirOF srIlmIOLIl " , ':;j , ;"':,:,-'-,"-, "";-,' _;OJ ,-,','i<:''.''';'j ", , ',., ".,.... ""N,b''''", ' " ..- -_'____-'"--~WII~J"IIU_-~!;,.,; C, "/.~j>j.~_~1~~ ,,-:,.,:) '-:;'<:':. ',', ,'> '","' ,,1',\ ~-i_:: -,-;;,-:;;X -'-~:i-/'-' -- -.,!: -:-- ,1 " ,':PAV1b , TH!: 'ORDER , 'OF" ,BAT~1CIA FALL(jN 40,WHITE (jAK LANE SmprHAMPTON NY 11968 '~'i" j'.',: .':', ......J .'-, ";" ',::"q,_ ii,:',:,:::;:,:-:".:_,,: ',,' . i~~,,'~ M>> '- ./ lI'0'12? ~Oll' ':0 2 ~I.O 51.1;1.': I;:i 00000 I. Oil' VRNDOR nnhnl1 PA'T'RT('TA PAT,LON ~ ()Q/1Q/')()Q'7 ~H~C'l( 9.2:1Q "'\ rUND Ii ACCOUlJ'J' F .0. fI. Ir~v90ICE Dfi: 15 CIU ~'fI oN A}vIOtJNT H2 . 8686 . 2 . 000 . 000 RH07300744 TITLE CLOSER-DEERKOSK 100.00 TOTAL 100.00 '- / TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 c R E C o R D E D c E A S E M E N T c ~ "t; 1111111111111111111111111111111111111111I11111I11111111 111111I111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 19 Receipt Number : 07-0089112 TRANSFER TAX NUMBER: 07-05657 District: 1000 Section: 101.00 EXAMINED AND $0.00 Block: 01.00 CHARGED AS FOLLOWS ",ed Amount: Received the Following Fees For Above Instrument Exempt NO NO NO NO NO Page/Filing COE TP-584 Cert.Copies Transfer tax $57.00 $5.00 $5.00 $12.35 $0.00 Handling NYS SRCHG Notation RPT Comm.Pres Fees Paid Recorded: At: 09/24/2007 09:06:40 AM LIBER: PAGE: D00012523 409 Lot: 002.006 $5.00 $15.00 $0.00 $50.00 $0.00 $149.35 TRANSFER TAX NUMBER: 07-05657 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County f~Ti~.J~~l{I==~'~, !'i ' iii' :: lu I ! .i i i I i L--____-J DEPf OF ,'j:jD rqc~: V,'/:;I;- ,"/ Exempt NO NO NO NO NO [!][iJ Number of pages TORRENS q Serial # Certificate # Prior Of. # Deed I Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES - Page I Filing Fee Handling 5. 00 5- TP-584 Notation iP1- FA-52 17 (County) EA-5217 (State) R.P.TS.A. Suh Total SC) 00 Comm. of Ed. 5. 00 Affidavi.~.~..______ 0 (Certi~edC:OPYY NYS Surcharge Other f 02. y) IS. 00 Q,--, ':1."- Sub Total O. 0( ~ Grand Total / ~ q '3 6- ~ 4 Real Property Tax Service Agency Verification 07028662 /p T s (RLPA A ~1-SEP-Ol -------~ 1000 10100 0100 002006 1000 10100 0100 002007 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 215 HampLm Road Southampton, NY 11968 7 8 Suffolk Count This page forms part of the attached --nee d oS \( ; ..xx RECO~:[:H' 2007 SeD 24 09:06:40 RM Judith H. Pascale CLERk: OF SUFFOLK COIj~W{ L 000012523 P 409 [1T#- 07-05657 Recording I Filing Stamps Mortgage Aml. 1. Basic Tax 2. Additional Tax Sub Total Spec./ Assit. or Spec./Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax .-1:1' 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. -0' 5 Community Preservation Fund Consideration Amount $ / I j CPF Tax Due $ .RY Improved Vacant Land V TD / tfISD TD TD e The premises herein is situated in SUFFOLK COUNTY, NEW YORK. SDJ-rhO I d ~o'l'i (\ 0 rSOJ--rhol J In the Township of In the VILLAGE or HAMLET of HOXES 6 THRU S ,lUST He TYPED OR PRINTED IN 8LACK INK UNLY PRIOR TU RECORDING OR FILING. (O\"l'r) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the 19th day of sep~~er 2007 at Southol~k,New lork. The parties are Felix Deerkoski" . . Sox 24~'~j:j~ftif:ut~, ~Y'1i'952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-101-1-2.3 more fully described in SCHEDULE A, including a "Limited Agricultural Area" and a "Primary Agricultural Structure Area", attached hereto and made a part hereof and shown on the survey prepared by John Ehlers Land Surveyor, dated June 14, 2007 and last revised August 31, 2007 a reduced copy of which is attached hereto and made a part hereof (the "Survey"), hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of South old ; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District # 1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as a horse farm and for field crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of South old, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agriculturai economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION THREE HUNDRED TWENTY THOUSAND FOUR HUNDRED FIFTEEN AND 20/100 Dollars ($1,320,415.20) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "Au annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the iimitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warrantv Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoonition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of Generai Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated June 14, 2007 last revised August 31, 2007 prepared by John C. Ehlers Land Surveyor, and a Phase 1 Environmental Site Assessment dated June 19, 2007 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvpe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is presently referenced in 9247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or code. "Equestrian Rights" shall mean the right to use the Property and to erect structures for the purpose of boarding, breeding, raising and training of horses or other equines. The term "equestrian rights" shall not include equine events such as rodeos, horse shows or polo matches where spectators are expected to attend. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. ; 1. 04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and everyone of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structu res No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, drinking troughs, jumps, or fencing used in connection with equestrian uses and bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Minina The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. ~ 3.03 Subdivision The Property may not be 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 include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agricultural production. All reconfigured parcels must contain at least 10 acres of preserved land. 3.04 DUmDinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, manure collection, spreading and disposal all in accordance with acceptable horse farming practiceland applicable law, composting and crop removal. Dr oi\-u- N2(lCU\-\uvuJ f"ad-,,,--, -;:t Q 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee Utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production, as referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in :' Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as It may be amended, shall not be considered a commercial use. No improvements or activity inconsistent with current or future agricultural production shall be permitted in the Property. The use of the Property for public parking shall be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainaoe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Develooment Riohts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the rights specifically permitted by this Easement and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownershio Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particuiarly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. (, .4.04 Landscaoinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended and equestrian rights as defined in Section 1.02. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.05A. Equestrian Activities Grantor shall have the right to conduct certain equestrian activities on the Property, including those equestrian rights defined in Section 1.02, and the right to provide horseback riding instruction and to let horses for instruction and/or for riding. Horseback riding instruction and the letting of horses for instruction and/or for riding shall be conducted primarily within the area designated on the Survey as the "Reserve Area" and secondarily on the Property. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Within the "Primary Agricultural Structure Area," described on Schedule "B" attached and made a part hereof, new construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production, but not to include an indoor riding ring; (iii) Within the "Limited Agricultural Structure Area" described on Schedule "C" attached and made a part hereof, not more than two run-in sheds, not to exceed 24' x 36' each, and fencing related to equestrian or agricultural uses, ali subject to approval from the Land Preservation Committee as to location and design; (iv) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. o , (v) Twenty-five foot (25') wide access way to the "Agricultural Reserve Area" from Elijah's Lane, for a driveway, utilities for the Property and the "Agricultural Reserve Area", and other access uses to the Property only. (vi) Specific improvements not included as structures in Section 3.01 of this Easement. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shail employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimai removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Parking Prohibited. Public parking shall be prohibited on the Property. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications for approvals that may be required by this Easement or by the Town Code of the Town of Southoid, and shall provide documentation as may be required for such applications. 4.08 Alienabilitv Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. R ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated. arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Partv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. In the event Grantor fails to compiy with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. 'J ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and InsDectiDn Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, ](j or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or deiay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinouishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall refiect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. II ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandino This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code and other applicable laws upon the adoption of a local law authorizing the alienation of said rights and interest, 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 those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilltv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governino Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interoretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any 12 . provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by ali parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: FELIX DEERKOSKI, GRANTOR ~.~- FELIX DEERKOSKI D ACCEPTED: D, Grantee BY: ~~~ Scott A. Russell Supervisor STATE OF NEW YORK COUNTY OF SUFFOLK 55: On this /q day of WT. in the year 2007 before me, the undersigned, personally appeared FELl/( b~~I(K()SA:'1 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 1., . his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. f~ f ,2M^--- Notary Public Notary Public PATRICIA L. FALLON Notary Public, Stat'3 Of New York No. 01 FA4950146 O'I:,W'~',<4 In Suffolk County CornmisOiion Lxpires April 24, 02A II STATE OF NEW YORK COUNTY OF SUFFOLK 55: On this 19 day of &Pr:. in the year 2007 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. fJbl/u- f ,~ Notary Public PATRICIA L. FALLON Notary Public, Stat'3 01 New York No. 01 Fr'\4950146 Quali1i2d In Suffo\l< COl!nty Commission Expires April 24, .:2A II C.\DOCUlllcnts and Sellings\Annc\My Dl1cumcnts\AnnelTown of South old l)eeds of Development Righls\Dt:erkoski 91307 Grant of De\'clupmcntl(ighlsF.a<;~ll1enlchangcshighlighle{],doc , ! /' / / i' /" j I / / ! ( I I I I I ) I f , 1~ File No: RH07300744 SCHEDULE A - DESCRIPTION "LIMITED AGRICULTURAL STRUCTURE AREA" AMENDED 09/13/07 ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: ,/ BEGINNING at a monument on the northerly side of Middle Road C. R. 27 at the extreme southwesterly end of the curve that connects the westerly side of Elijah's Lane and the northerly side of Middle Road C.R. 27; RUNNING THENCE along said northerly side of Middle Road C. R. 27 the following two (2) courses and distances: 1. Westerly along an arc of a curve bearing to the right having a radius of 1909.86 feet, a distance of 110.88 feet to a monument; and 2. South 75 degrees 58 minutes 51 seconds West, 248.33 feet to a monument and land now or formerly of County of Suffolk; THENCE North 25 degrees 41 minutes 09 seconds West along said land and later along land now or formerly of Unified Credit Trust, 933.00 feet; THENCE North 63 degrees 41 minutes 10 seconds East, and through land now or formerly of Felix Deerkowski, 402.98 feet to the westerly side of Elijah's Lane; THENCE South 26 degrees 18 minutes 50 seconds East along said westerly side of Elijah's Lane, 953.32 feet to a monument and the northerly end of the curve first above mentioned; THENCE southwesterly along said curve bearing to the right having a radius of 53.37 feet, a distance of 92.08 feet to the northerly side of Middle Road C. R. 27 and the point or place of BEGINNING. ,.,.~< \~.--/ ALTA Development Rigllts Policy (6-17 -06) File No: RH07300744 SCHEDULE A - DESCRIPTION "PRIMARY AGRICULTURAL STRUCTURE AREA" ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Elijah's Lane where the same is intersected by the southeasterly corner of land now or formerly of Helen Berkoski and the northeasterly corner of the premises herein described; said point being also distant the following two (2) courses and distances from a monument at the extreme northerly end of the curve that connects the northerly side of Middle Road, C.R.27 and the westerly side of Elijah's Lane: 1. North 26 degrees 18 minutes 50 seconds West, 1503.22 feet; and 2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet to the true point or place of BEGINNING; RUNNING THENCE from said true point or place of beginning along land now or formerly of Helen Berkoski the following two (2) courses and distances: 1. South 63 degrees 43 minutes 10 seconds West, 290.40 feet; and 2. North 26 degrees 02 minutes 40 seconds West, 150.00 feet to land now or formerly of Dennis & Abersmith B. Deerkoski; THENCE South 63 degrees 43 minutes 09 seconds West along said land, 98.55 feet to land now or formerly of Barbara and Charles Smithen; THENCE along said land the following two (2) courses and distances: 1. South 26 degrees 05 minutes 00 seconds East, 176.54 feet to a monument; and 2. South 64 degrees 19 minutes 10 seconds West, 337.40 feet to land now or formerly of Unified Credit Trust; THENCE South 24 degrees 22 minutes 42 seconds East aiong said land, 238.76 feet; THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet; 2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and 3. South 64 degrees 24 minutes 00 seconds West, 261.68 feet and again to iand now or formerly of Unified Credit Trust; THENCE South 24 degrees 22 minutes 42 seconds East along said land, now or formerly of 105.54 feet; ALTA Development Rights Policy (6-17-06) File No: RH07300744 THENCE North 65 degrees 37 minutes 32 seconds East still along said land, 345.00 feet; THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 63 degrees 41 minutes 10 seconds East, 120.13 feet; / / 2. North 26 degrees 18 minutes 50 seconds West, 282.84 feet; and 3. North 63 degrees 41 minutes 10 seconds East, 282.85 feet to the westerly side of Elijah's Lane; THENCE along said westerly side of Elijah's Lane the following two (2) courses and distances: 1. North 26 degrees 18 minutes 50 seconds West, 267.06 feet; and 2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet to the point or place of BEGINNING. /\ i / j I I I ~: I I , ALTA Devc:lopmellt Rights Policy (6-17-06) ,II l / l .' N W*E S SURVEY OF PROPERTY I' SITUATE: MA1TITUCK TOWN: SOumOLD . SUFFOLK COUNTY, NEW YORK ; I SUfFOLK COUNTY TAX M,\P NUNSER 1000 - 101 . 1 - 2.3 ""'RvEY~:>, 06-14-2001 REVI;;EO.OB-21-2oo1 Oe-~J.200l CEIltrnF.D1U ~~ TOWNOI'SaunlOUl COIdMOOWULTBl.'.llD~INSlJIlANCIlCCfl!l'ANY <~ \\ \1,. . , "" " ",#Jf~ >! \ \ , ~ \ ~\~~#~ ~.p;'rw()';'#' .....;; \f'I-~dS'- \/ I: .........' __ /",,-:;'oIf'" , , .. \ \ CO .... ~ ~\ __t",_" ~~~ \\ \\~' s?9'~~ ~ ~ .,..4'P'I' \ "> ~,~+~~/ \~~.~ \ ~\ oJ><t'-;;'~// \ " //~ ",,!Ii __ ,/ __ ....;;.,.,r> 'fIJ''"!-'~ -- . ;\\\ ~\:"~'\ ~. ,.. \. " ~"~\' " ~\ \\ A ~\ " , "" #ft;,~~ ~~,#". /~,.", ....~,'(j.P "'. \ ~ . HO~".."'ENT Iwr \. JOHN C. EHLERS LAND SURVEYOR I l_ ,;R,PHIe, SG,\L~ .~ 100' 6 EAST MAlN STllliET RIVERHEAD. NY. 11901 J69-~2~SFoxJ.M-8287 NY_S_ LIe NO 50202 -~..--- o 300 uo>~z<z~oo ~ ~~oo~~~U~~OZoo u u u 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION/DOP Number of Pages: 5 Receipt Number : 07-0089112 District: 1000 ceived the Page/Filing COE TP-584 Cert.Copies Recorded: At: LIBER: PAGE: Section: 101.00 EXAMINED Following Fees For Block: 01. 00 AND CHARGED AS FOLLOWS Above Instrument Exempt NO NO NO NO $15.00 $5.00 $0.00 $5.00 THIS Handling NYS SRCHG Notation RPT Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 09/24/2007 09:06:40 AM D00012523 410 Lot: 002.005 $5.00 $15.00 $0.00 $30.00 $75.00 Exempt NO NO NO NO fD)~~~~w~rRi ~11 OCT ~~ , OEPT OF LAND L____... _' p,9ESmV/,TION ~ '-'~-."__n____c /i [!][i] Serial # REco~:()m 200? 5e<D 24 09: 06: 40 Hf1 Judith H. P~scale CLERK OF SUFFOLk: COU~H'-,-' L [)OOO i 252_3 P 410 Number of pages TORRENS Certificate # Prior etf. # Deed / Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps 3 FEES 5. 00 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. or Page / Filing Fee Handling 1:')- TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Spec./Add. TOT. MTG. TAX Dual Town _ Dual County Held for Appointment Transfer Tax Mansion Tax Camm. of Ed. ~"~i~~_:~ \Va ('Certified co~0 NYS Surcharge Other The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO 4 5 Community Preservation Fund Real PropeI1 Tax Service Agency Verification Consideration Amount $ CPF Tax Due $ Improved Vacant Land 6 SatisfactionslDischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD TD Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 TD 7 8 Suffolk Count Co. Name Title # e 7 & Endorsement Pa C OY1AC.lfds ~ ~t'.s1YI(:,-h J(1S (SPECIFY TYPE OF INSTRUMENT) Recordin e This page foons part of the attached made by; 1)eu ~ O~ Ie A \ OW{\ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDIN(i OR 1.I1.lNG Or TO SOJtnol J The premises herein is situated in SUFFOLK COUNT~YORK. In the Township of t/, 0/) / 1(l\lT) DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this / '1fJ , day of September, 2007, by FELIX DEERKOSKI, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1000-101-1-2.3 and shown on a survey prepared by John Ehlers Land Surveyor dated June 14,2007 and last revised August 31, 2007, a reduced copy of which is attached hereto and made a part hereof, and a portion of which is designated as the "Agricultural Reserve Area" and described in the metes and bounds description attached and made a part hereof, hereinafter referred to as the Agricultural Reserve Area". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 4600 Elijah's Lane, Mattituck, in the Town of Southold, County of Suffolk and State of New York, WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated September 19, 2007 for a part of SCTM #1000-101-1-2.3; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold has deemed it in the best interests of the Town of Southold and the owner and prospective owners of the lots that the within covenants and restrictions be imposed on the Agricultural Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and have determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the lots, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Agricultural Reserve Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the lots, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: The Agricultural Reserve Area shall not be used for any residence or dwelling other than for farm-related housing, which use shall be in conformance with the Town Code of the Town of Southold. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. / / If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, his successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board of the Town of Southampton or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: X~9~' FELIX DEERKOSKI STATE OF NEW YORK) COUNTY OFJuFfOL/( ) On the i qft day of 5i"cpr in the year 2007 before me, the undersigned, personally appeared F/:-L/>( 6[EA!KO SK I , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in Sou n.;oU, Iv"!' SS.: PATRICIA L. FALLON Notary Public, Stat, Of New York No. 01 FA4950146 Qualified In SuHolk County _ Commission Expires April 24, d. 0 /I C:IDocuments and SettingslAlI UserslDocumentslAnnelTown of Southold Deeds of Development RightslDeerkoski C&R form 91307.doc jJmli/~. f.~ Notary Public "AGRICULTURAL RESERVE AREA" ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at the northwesterly corner of the premises herein described and the easterly line of land now or formeriy of Unified Credit Trust and being the following five (5) courses and distances from a mo'nument at the extreme southwesterly end of the curve that connects the westerly side of Elijah's Lane and the northerly side of Middle Road C. R. 27: 1. Westerly along said northerly side of Middle Road C. R. 27 along an arc of a curve bearing to the right having a radius of 1909.86 feet, a distance of 110.88 feet to a monument; 2. South 75 degrees 58 minutes 51 seconds West still along said northerly side of Middle Road C. R. 27, 248.33 feet to land now or formerly of County of Suffolk; 3. North 25 degrees 41 minutes 09 seconds West along said land now or formerly of County of Suffolk and later along iand now or formerly of Unified Credit Trust, 933.00 feet; 4. South 65 degrees 37 minutes 32 seconds West along said land now or formerly of Unified Credit Trust, 345.00 feet; and 5. North 24 degrees 22 minutes 42 seconds West still along said land, 415.24 feet to the true point or place of BEGINNING; RUNNING THENCE from said true point or place of beginning and through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet; 2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and 3. South 64 degrees 24 minutes 00 seconds West, 261.68 feet ." to land now or formerly of Unified Credit Trust; THENCE North 24 degrees 22 minutes 42 seconds West along said land now or formerly of Unified Credit Trust, 309.70 feet to the point or place of BEGINNING. Legal Description N W~.""'" E ~ S j.\ \ , \ \ " '. SURVEY OF PROPERTY SITUATE: MAlTITUCK TOWN: SOUTHOLD SUFFOLK COUNlY, NEW YORK ~~: ",," ",..-..::~Y '" ,.~"" ,." <~ .. \' " " 1, . . <'iV , , \\ " "" ~$~tJb ~.. '\ .~,~~"". ~"!:or ~r\\ /\ ~.,,~o~ _/-,~ ~ ".7;; '~, ~'~~,\~t C\;l ~ ~ 4~~'\\ \~" ~~~~./-- \~~~- \ '" "'."":.~~// " \ \ .-/~.,. $. ~""/ />~ ~'t-.r: .~ ~ ,\ \\ "'''', .<',.. .'" &-",:<J- t1-"(~ ~ J'-'::"'~""~- ~~i<::V> ~~"",,~,~<,c1" ,.v'l'+'" "","~ ,.~"-'~~':(# ~"..~ ~----- . MO~JVcN' ~()"hD SUFfOLk C.OUNTY T.';X MAP NLMflE~ 1000 - 101 - I 2.3 5I)RVfl'F;:l.Q6-14-2001 REV'''>ED, oe-~:-~ocn oe-3,-2oo, ~_ro =- rowNOI'scn,rmou> COMMONWlW.TJ!IlJ.ND1Tll1!!NlIlIRANC!!cctOANY [~,~ t [., 1 WJL~I Ulll '"~::;":;'.J~j j ,-,..,io>l' r;...oP>:'" .. C:"-: ~ _:;-,;":""".,,,~,,::".'. .",..,o",.~.:".,.~~,," -,..--.---...--... JOHN C. EHLERS LAND SURVEYOR NYS_Ur.NO.5Cl202 ;;;;----- , 6 EASTMNN STREET RIVERliEAD.t'.Y.I)~OI J69-~~~8 Fa. )69-~237 ]C'o 5.~'j c T I T L E c p o L I C y c ....." landAmerica .. Commonwealth File No: RH07300744 SCHEDULE A Amount of Insurance: $1,320,415.20 Date of Policy: September 19, 2007 Policy No.: RH07300744 / / 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy: Development Rights 3. Title to the estate or interest in the land is vested in: By Grant of Development Rights Easement made by Felix Deerkoski to the INSURED dated 9/19/2007 and to be recorded in the Office of the Clerk of the City/Register Suffolk County. 4. The land referred to in this policy is described on the annexed Schedule A - Description. counterSigned:P~ 't,~ Authorized Officer or Agent ALTA Development Rights Policy (6-17-06) File No: RH07300744 SCHEDULE A - DESCRIPTION "LIMITED AGRICULTURAL STRUCTURE AREA" AMENDED 09/13/07 ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a monument on the northerly side of Middle Road C. R. 27 at the extreme southwesterly end of the curve that connects the westeriy side of Elijah's Lane and the northerly side of Middie Road C.R. 27; RUNNING THENCE along said northerly side of Middle Road C. R. 27 the following two (2) courses and distances: 1. Westerly along an arc of a curve bearing to the right having a radius of 1909.86 feet, a distance of 110.88 feet to a monument; and 2. South 75 degrees 58 minutes 51 seconds West, 248.33 feet to a monument and land now or formerly of County of Suffolk; THENCE North 25 degrees 41 minutes 09 seconds West along said land and later along land now or formerly of Unified Credit Trust, 933.00 feet; THENCE North 63 degrees 41 minutes 10 seconds East, and through land now or formerly of Felix Deerkowski, 402.98 feet to the westerly side of Elijah's Lane; THENCE South 26 degrees 18 minutes 50 seconds East along said westerly side of Elijah's Lane, 953.32 feet to a monument and the northerly end of the curve first above mentioned; THENCE southwesterly along said curve bearing to the right having a radius of 53.37 feet, a distance of 92.08 feet to the northerly side of Middle Road C. R. 27 and the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) File No: RH07300744 SCHEDULE A - DESCRIPTION "PRIMARY AGRICULTURAL STRUCTURE AREA" ALL that certain plot, piece or parcel of land, situate, lying and being in the hamlet of Mattituck, Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a point on the westerly side of Elijah's Lane where the same is intersected by the southeasterly corner of land now or formerly of Helen Berkoski and the northeasterly corner of the premises herein described; said point being also distant the following two (2) courses and distances from a monument at the extreme northerly end of the curve that connects the northerly side of Middle Road, C.R.27 and the westerly side of Elijah's Lane: 1. North 26 degrees 18 minutes 50 seconds West, 1503.22 feet; and 2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet to the true point or place of BEGINNING; RUNNING THENCE from said true point or place of beginning along land now or formerly of Helen Berkoski the following two (2) courses and distances: 1. South 63 degrees 43 minutes 10 seconds West, 290.40 feet; and 2. North 26 degrees 02 minutes 40 seconds West, 150.00 feet to land now or formerly of Dennis & Abersmlth B. Deerkoski; THENCE South 63 degrees 43 minutes 09 seconds West along said land, 98.55 feet to land now or formerly of Barbara and Charles Smlthen; THENCE along said land the following two (2) courses and distances: 1. South 26 degrees 05 minutes 00 seconds East, 176.54 feet to a monument; and 2. South 64 degrees 19 minutes 10 seconds West, 337.40 feet to land now or formerly of Unified Credit Trust; THENCE South 24 degrees 22 minutes 42 seconds East along said land, 238.76 feet; THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 64 degrees 24 minutes 00 seconds East, 255.07 feet; 2. South 25 degrees 36 minutes 00 seconds East, 309.63 feet; and 3, South 64 degrees 24 minutes 00 seconds West, 261.68 feet and again to land now or formerly of Unified Credit Trust; THENCE South 24 degrees 22 minutes 42 seconds East along said land, now or formerly of 105,54 feet; AL TA Development Rights Policy (6-17-06) File No: RH07300744 THENCE North 65 degrees 37 minutes 32 seconds East still along said land, 345.00 feet; THENCE through land now or formerly of Felix Deerkoski the following three (3) courses and distances: 1. North 63 degrees 41 minutes 10 seconds East, 120.13 feet; 2. North 26 degrees 18 minutes 50 seconds West, 282.84 feet; and / / 3. North 63 degrees 41 minutes 10 seconds East, 282.85 feet to the westerly side of Elijah's Lane; THENCE along said westerly side of Elijah's Lane the following two (2) courses and distances: 1. North 26 degrees 18 minutes 50 seconds West, 267.06 feet; and 2. North 26 degrees 03 minutes 00 seconds West, 137.99 feet to the point or place of BEGINNING. ALTA Development Rights Policy (6-17-06) File No: RH07300744 SCHEDULE a EXCEPTIONS FROM COVERAGE This pOlicy does not insure against loss or damage (and the Company will not pay costs, attorney's fees Or expenses) which arise by reasOn of the following: I. Boundary Line Agreement in Liber 8195 page 257. 2. Survey made by lohn C. Ehlers dated 06/14/07 and last revised 08/31/07 shows the development rights easement area Improved by a metal barn; aJ Fence encroaches onto adjoining premises North up to 2 feet. No other encroachments shown. / ~ 3. Covenants and Restrictions to be recorded in the Office of the Clerk of the City/Register Suffolk County. AlTA Development Rights Policy (G-17-06) ....~ landAmerica .. Commonwealth File No: RH07300744 / STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND MADE A PART OF POLICY NO. 07300744 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. Covered Risk Number 2(c) is deleted. 2. The following Is added as a Covered Risk: "11. Any statutory iien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this poiicy." Exclusion Number 5 is deleted, and the following is substituted: 3. 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Poiicy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a vaiidating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Scheduies, Conditions and Stipulations therein, except as modified by the provisions hereof. Commonwealth land Title Insurance Company Dated: September 19, 2007 By: PAtJu.J'.IA ~,.); ~~ Authorized Officer or Agent ,,\\.,""""'1""'//., ",":'',.~~!,I!.~~ I~.i""", ,$~V.;" ....~" !!$ .,' ".'~ % fi( SEALj~) \~'. :~3' %~"" ....~l ~#; (;> .......... ~ ,,:::' ;'''''1/ 4'fBRAS\l.... i.""'" ""'11'''''''''1'''''' By: ~ -< &;~ t. Countersigned: President Attest: ~ Secretary Standard New York Endorsement (5/1/07) For use with ALTA Owner's Policy (6-17-06) c N y S c A G & M K T S W A I V E R c - ~ WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of :! I J. 2.. acres of active farmland and/or acres of non-farmland, situated at p/o Suffolk County Tax Map No. 1000-101-1-2.3 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of South old to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor Landowner TOWN OF SOUTH OLD BY~~ SCOTT A. RUSSELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 FELIX DEERKOSKI geA'p~ By: FEL'lX DEERKOSKI P.O. Box 248 Mattituck, New York 11952 STATE OF NEW YORK ) COUNTY OF SUFFOLK On the i..!L day of ~. ,2007, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the )ss municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. .f~ I!,~ Notary Public STATE OF IV/:;?J.) '1uu:.. ) COUNTY OF ,w!"RJ..)( ) )ss: PATRICIA L. FALLON Notary Public, Stat~ Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, ~ 1/ On the / r day of ~. , 2007, before me personally appeared FELIX DEERKOSKI, perso ally known to me or proVided to me on the basIs of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. f~I(,~ Notary Public PATRICIA L. FALLON Notary Public, Stato 01 New York No. 01 FA4950146 Qualified In Suff;Jik County . I Commission Expires April 24, J..tJ I '* Division of Agricultural Protection and Development Services 518-457-7076 Fax. 518-457-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 1 Winners Circle Albany, New York 12235 November 6, 2007 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver - Town of Southold - Suffolk County - Purchase of Development Rights Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by Felix Deerkoski for approximately 17.2 acres of active farmland located at Suffolk County Tax Map No. 1000-101-1-2.3, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. Sincerely, ?~~ ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad 'I. D.~ lE ~ lE u W lE ~IT~. I I ' lill NOV 1 3 """ I . OEPT OF L.\NO PRESERVATION ._------_..__.._-~,--~ cc: David Behm, Farmland Pro!. Unit, NYSDAM Ken Schmitt, Chair, Suffolk County AFPB File: AP07/082-W i L<~_______ 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 A venue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 1,2007 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets lOB Airline Drive Albany, NY 12235 Re: FELIX DEERKOSKI to TOWN OF SOUTHOLD Part ofSCTM #1000-101-1-2.3 nlk/a #1000-1000-101-1-2.6 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Town Supervisor Scott A. Russell and Felix Deerkoski at time of closing on a development rights easement on active farmland formerly identified as part of SCTM # 1000-10 1-1-2.3. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: L1BER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Felix Dcerkoski TOWIl of Southold September 24, 2007 DOOO 12523 409 4600 Elijah's Lane, Mattituck 17.201 acres 1000-101.00-01.00-002.006 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, ~~ Melissa Spiro Land Preservation Coordinator fmd ene. c c c N y S D E C R E G I S T R Y " New York State Department of Environmental Conservation Division of Lands & Forests 1ureau of Real Property, 5'h Floor 025 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 . FAX: (518) 402-9028 Website: www.dec.state.ny.us ~ ~ ~ Alexander B. Grannis Conunissioner November 7, 2007 Melissa Spiro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 480 Grantor: Felix Deerkoski Liber: Dl2523 Page: 409 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, ;t::.IIt1~4 1~!lCU: lC 01 W lC!~! I Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property TAR:gm L~m_ U f't;,; :~': ;;, ": ,', , I ,,' I ~;:'~._____,.__i MELISSA A. SPIRO LAND PRESERV A nON COORDINATOR melissa. spiro @town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCA nON: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs A venue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 2, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry FELIX DEERKOSKI to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of South old to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: UBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Felix Deerkoski Town of South old September 24,2007 DOOOl2523 409 4600 Elijah's Lane, Mattituck 17.201 acres 1000-101.00-01.00-002.006 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, ~~ Melissa Spiro Land Preservation Coordinator ene. cc: Felix Deerkoski - PO. Box 248, Mattituck, NY 11952 wlo enc. S T E W A R D S H I p c FELIX DEERKOSKI to TOWN OF SOUTH OLD SCTM #1000-101-1-2.6 (f/k/a SCTM #1000-101-1-p/o 2.3) 17.201 acres development rights easement Location: 4600 Elijah's Lane, Mattituck Closing held on Wednesday, September 19, 2007 Land Preservation Department Town Hall Annex (from left to right) Scott A. Russell, Supervisor Gladys Deerkoski Felix Deerkoski c ~v ( J../- . , ...; of ~ c I .. 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 Yark MELISSA A, SPIRO LAND PRESERVATION COORDlNA TOR melissa. spiro @town.southold.ny.us 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 Trus\, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: September 1 g, 2007 Re: FELIX DEERKOSKlto TOWN OF SOUTHOLD plo SCTM #1000-101-1-2.3 Development Rights Easement - 17.201 acres Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 4600 Elijah's Lane, Mattituck SCTM #: part of 1000-101-1-2.3 PROPERTY OWNER: Felix Deerkoski PURCHASE DATE: Wednesday, September 19, 2007 PURCHASE PRICE: $1,320,415.20 (based on 16.9284 acres @ $78,000/buildable acre) TOTAL PARCEL ACREAGE: 20.8739 acres EASEMENT ACREAGE: 17.201 acres RESERVED AREAS: 1.8365 acres (reserved) and 1.8365 (agricultural reserve area) ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: For scenic viewshed protection, the easement dictates where future agricultural structures are allowed and where they are limited. In addition, easement allows for 25'x 475' access area to the Agricultural Reserve Area. The purchase price did not include payment for the access area. N "'-t E s t.v...~. . ~E1'lTFOVND TCT"LAA!'A'20,fll40AGF>E5 SURVEY OF PROPERTY SITUA1E: MATllTl1CK TOWN: SOumOLD SUFFOLK COUNTY, NEW YORK \ 5(JFFOLK COUNTY TAX MAP NUMBER 1000 - 101 - , - 2.9 5l..IRVEYI:D, 06-14-2001 REVISED. Oe-:<I-2001 0&-='1-2001 "."''''',,,,, """-.om 1UWN CP.,.",...., COMM:CJNWEAL'lB lAND 'ItIUI nmJRANOl COMPANY ~ \' " " ~, g ~\ ....~ -"",,"'" / ~ . .?'~~.,>'/ / . . ".$!"!t?':"'<tO;' ... /~.\ / /1 ......'.~"'" / / ";W; . .././ 'l$ ..--.;ir \ ~~. \ - .....--- //~ / /7 I '" I . i ~ ~ \ \ -- ./ i ~;...~. \1 'Ii.! /' \1 ~ -' '. .. Q . /. ."m4/'$' \\ \\ "~;$~ / ~,.~~f'O'-" \ \\ $.~//';/ \. \ \ Wl ft~ ." \../' ~\~ ,/ ...- ...- oJ$"~.r ~/ / f5)ECEGUfRI U-Ua~ Wlor~o PMSVliIIllOIl ..~ .,.,. ~ ",.....~~" #'~..,.. ,<<1,.",0 ~ \' Y ;:" -=;}?~~~ -S~ ,.". o<':~.>!ii ~~,';,:;,r? /,.~~..." ~~- '" " '}, '~ 0,\ _~~.::=z;.:;;.., _.~-~,.~ il~~ ~P~/ l0,\,I." 'I JOHN C. EHLERS LAND SURVEYOR 0RI'PHI<:: SGALE I'~ 100 6 EAST MAIN STREET RJVERlffiAD, N.Y. 11901 3fi9-8288 FM 369-82il7 N,Y.S. Uc. NO. 50202 c P R o P E R T Y c R E C o R D S c Gladys S. Deerkoski by The Suffolk Times 10104x20119 2:25 PIVI' Gladys S. Deerkoski of Mattituck died at home Oct. 3 She was 96. She was born Dec. 11, 1922, to Veronica and Kasper Stafinski in Kearney, N.J. Ms. Deerkoski married her husband, Felix, June 22, 1947, in New Jersey. She made a career as a clerk at Suffolk County Clerk's Office. Her family said she enjoyed cooking and reading, and was active with Sacred Heart Rosary Society and Our Lady of Ostrabrama R.C. Church in Cutchogue. Ms. Deerkoski is survived by her husband; her sons Donald (Kelly) of Florida and Dennis (Bernadette) of Mattituck; grandchildren Jilian, Gregory, Emily and Hudson; and great-grandchildren Ryan, Jackson and Everly. Visitors will be received Sunday, Oct. 6, from 2 to 4 and 7 to 9 p.m. at Coster-Heppner Funeral Home in Cutchogue. A funeral service will take place Monday, Oct. 7, at 10 a.m. at Our Lady of Ostrabrama R.C. Church in Cutchogue followed by interment at Sacred Heart Cemetery in Cutchogue. Donations may be made to the church. `F'kA..Deerkoskij Felix A: Deerkoski 6f,-A4attituck `tituck.He was a loving grandfather, joined his beloved wife of 72 years; :,to Jilian;Gregory•Emily and Hud- If (Stsafiniski)'Oct. 15;,20.19:.. son,,as well as aii:erideanng great aridfather.to;IR an,Jackson and Hewas;102,' •: :-; ,,•` ,;. .: •gT , ,Y - - FeliX was Born Sept. 5,J91, -in__ Evenly. Iri'addit"ion, heaeaves,be- Matf%tuck;the-fiftf _of 10'cn. hindliis compassionate•friend H_e pr'oudly�•served'in the South caregiver,Davit Chkhaidze. pacific duringtWorld War II and' "` Visitors wer_e'received.,Oct..16 Was,a,teamster for a short`peYiod at.Co§ter=Heppner Punerai 1lotne'- ; of time,before returning to the _�in"Cutchogue::A service,will'take. family farm.He also hada success-','' place at 10`a.m.th&sday,-b-ct. 17;; Rillaiidscapingbusiness... ._ - at Our Lady.of Ostr'abiama R.C,.' Felix is survived'by.-his .twin 'Church in'Cutchogu, Interment loris, Donald (Kelly); of Fi l'orida will follow_ at:Sacred Heart!Cern-, and Dennis (Bernadette),-df_Mat- etery. - 'Paid notice ~'If"._"~""'ll'JI"_foJl['II""i"'_"'lI' , '.IliwJIPI"~~Gtl?diVJ;,,<,>; ,::=~ File Vie\.\1 Toolbar Help :OOgllbl I~ ~ ~ ~I rCJ iii II e ~ 11 "73889 . Roll "V, Land S iz~: 20.7B ames Tolal: 1 D eerkoski N.me: Rose AddlAddr: Street: PO Box: 248 Cil~; MaUiluck, NV Sale Book 12447 12423 12198 P.ge 368 334 Tol.l: S..le Dale 03/27/06 11/11/05 0711 B/02 Zip: 11952- 3 Sale Price Owner 1 Dcerkosl<L Fe"n '1 Oeedm.l<i. Rose 1 O""rl<o.I<,. Ruse E Kemplion Code 41730 AGA-INDAPP 41854 STAR-8ASIC Tolal: 2 Amount 3.400 830 Special Di.tricl Code FD030 Mauiluck FD PKOl1 MaUiluck Pari Total: 4 Units _00 .00 Ten)"l Year o o Own Pel o o Schl after star: 5.670 Sile 1011 P'pcls: Field crop. Nbhd Cd: 0 Sewer: Wale,: Utililies: Building Total:- - 0 Double click to open a window i Start' ~ DeerkD5N K in!-,,~.'t-'Y .. I (} RPS Versi~n 4 - [Snap... _~. V4GI~ .__._.~~._J Pct T ~pe .00 .00 Value I ~ Mdl}e t.~x .00 .00 . I mprovemenl Type Name SoFT y, Built c A E R I A L S c c o () o II- o () o i'. ~ ... ~ ~ . ~ I . g ~ - " ~ ~ - ~ ~ ~ r ' '- n hi AERIAL 199.1 .161W) Elijah', Lall~. i\lallitlld NI'V #0713-1 ~ C r~ 1.,- t I c c g f , - ~-' C C ~ , ~ C r.. ~ t r ~ -- ,., ~ 1"1 ~ ~ c ~ c ~ r .. 1"'1 L. ,.... r ~ .. c c ~ e c I'" .. r 1 - '- t' ... C c 1'1 ~ c c ~ ~ ~ ~ c " ,. ,- . n ~ AERIAL 19JR .J6CXl Elijah', Lane, ;\Iallilud I'I'V#07IJ.J n II ~ " . .... . 1"'1 .. r .. '-' C 1"'1 .. c s U R V E Y c c N SURVEY OF PROPERTY SITUATE: MATTITUCK W E TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK S SUFFOLK GOUNTY TAX MAP NUMBER 1000 — 101 — I — 2.3 SURVEYED: 0b-14-200-7 REVISED: 08-21-200-7 08-31-200-7 Or eK d goof CQ�TIDPII EIlDTO:00 TOWNOPSOUTHOLD COMMOP19V1815II.TH LAND'Il97Cd.E INSURANCE COMPANY 45 U ,_,F AUG 3 1 2007 P DEPT OF LAND PRESERVATION �eMd FINAL SURVEY 0&0 c1, A �Sw r� �Fdry ry0M b,° �4 P a to Fi ymua. Notes: ■ MONUMENT FOUND JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 TOTAL AREA = 20.8140 ACRES 6RAPHIG SGALE 1"= 100' RIVERHEAD, N.Y. 11901 0 100 200 300 369-8288 Fax 369-8287 c A E R I A L M A p c c e Town of Southold ,�� _ t Town Board r Public Hearing OrI s o Town Development a _ 5 e Rights Purchase a Deerkoski SCTM# 1000-101.-1-2.3 xIN 10 3 S c r a r. u3.i Q 4 *is} 4 e, •` y� sY'2. 4 � {�4e 1 We- L \ (Aw.NE . X" S W V�Sr w i Yv `. . .. � t" w i u L "�(5,.dy \ •. .dry rt' It a'si� . -4j 7 � 5 m s n 4 ,F,�` t r �,„,� ta,x i', ``>� eft '�. � '�"".. ��« • - Yi' -. 1'\ t\t � �� ��-t ,n �' 3- $tem. �5` ;"ti*;w a 4 1 `•'x L t`-3„ x± � +'Y' `�+;�`"a '-rs'�� asa } t d� $ f.. , ' .rr n fk � x 4Z. a s 10, RVO ANA,, II n ` - y v. a', •' '+� f � � / 'fit. y Map Prepared a b p Y = w r err Town of Southold GIS ' NAN May t 31 2007 [ ':rou P.ee PLe TS Sernfe:,genq 6150>semap I..,, NN All k r tt q