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HomeMy WebLinkAboutCaberon Properties, Inc 1000-109-5-16.3 (f/k/a 1000-109-5-p/o 16.1) & 1000-109-6-15 Baseline Documentation Premises: 765 Case's Lane & 450 Cedars Road Cutchogue, New York 12.6628 acres Development Rights Easement CABERON PROPERTIES, INC. to TOWN OF SOUTHOLD Deed dated August 1, 2006 Recorded August 21, 2006 Suffolk County Clerk - Liber D00012465, Page 493 SCTM #: Premises: 1000-109-5-16.3 (f/k/a 1000-109-5-p/o 16.1) and 1000-109-6-15 765 Case's Lane and 450 Cedars Road Hamlet: Cutchogue Purchase Price: Funding: $551,540.00 (11.99 buiidable acres $46,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: Development Rights: Reserved Area: Zoned: 13.7228 acres 12.6628 easement acres (includes .6736 acre wetlands area excluded from purchase price) 1.06 acres (club house) A-C and R-40 Existing Improvements: In June 2006 - Active 9-hole public golf course includes a stockade fence encroachment, woods, ponds, culverts, and utility pole . / . . A. DESCRIPTION 1. LAND The subject property is two parcels of land having a combined area of 12.61:1: acres. Lot #1000-109-6-15 This parcel has a southerly border of 229:1:' running along the northerly side of Cedars Road, running thence northwesterly 361:1:', running thence northerly 640:1: along the easterly side of Case's Lane, running thence easterly 72:1:', running thence southeasterly 395:1:', running thence southerly 314:1:', running thence westerly 86:1:', thence southerly113:1:', thence westerly 70:1:', thence running 190:1:' to the point of beginning, for a total area of 6.97:1: acres. 4. Lot #1000-109-5-16.1" This parcel has 360:1:' offrontage along the southerly side of Cedars Road, a westerly line of 515:1:', an easterly line of 360:1:' and an irregular southerly line of 729:1:', for a total area of 5.64:1: acres. The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage. Cedars Road and Case's Lane are two way, two lane, publicly maintained macadam paved roads. Public water is not available to the subject. "Approximate dimensions of subject portion. 19 ~GIVEN ASS 0 C I AT (S . A. DESCRIPTION (CONTINUED) 1. LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map / which shows the entire property of which the subject of this appraisal is a portion. . . The property has a gently rolling topography, is mostly cleared, and has limited creek views from the southern parcel. It is situated at or near grade with the abutting road and is in use as a golf course. The property also contains a portion of wetlands (estimated to be approximately 0.5:!: to 1.0:!: acres) located in the southwesterly section of the property. Land surrounding the subject is primarily vacant or improved residential properties. "/ 2. IMPROVEMENTS The subject is being appraised as unimproved vacant land. B. PRESENT USE AND OCCUPANCY The subject is presently in use as a 9 hole golf course. ~GIVEN 20 ASS 0 C IA I [S . P R o P .E R .T Y . V .1 S U A L S . I ~ I I I I I I I . I I I I I I I I' I SUBJECT PHOTOGRAPHS . < 1 ~ '. ~ - - --- "1~i :;.~ . --. . I I ~ ~ -'~.--""'- .;... ---....~ .- ...............~. - -- . ~~.- .~- - . ~~....~- ---- ." .. --_. , .. _ ". ~_ -.-.:....-4- Typical Views of Subject Property 71 I ~ I I I I I I I . I I I I I I I , I SUBJECT PHOTOGRAPHS ~--~ : -i;.>:=~~~_. l'~:fcr' i"'~~~'''''i.;,.,-~ -,: .. -'W,;- ,>":'~' , . . "'::., Cedars Road Facing Easterly Case's Lane Facin9 Southerlv 72 r 10; ~ , '" 15 - 7.Ule) ,,' , ,,, ... H.~ 14033 , 12' , ~ 27.1 1- H.12 ". 1 ;::! . H" o! C> 1 . H.Jl -- ,,, 1.DAtel , I.. . 1<1.6 .. 1.2J.lcl ~ = ." ~ l'"TIl .' 1<1.30 1.llAlcJ 1&.1 14.1 . " Ii.UtE::) I I I I I I .~ " .., 99.8.1. I , 14.29 H.8 ~ ,.., .. ",. 14.28 ..,- ~ ,.,,, """ '" 14.20 1.0'h:1 .. H.31 II; - , ~ , "'''' , - "'''' 1.DAld - ~. , - 1<1.13 .O! "'''' -C> !;1.0Ah::1 "- .., 1....14 """ '" I :!.42 i~ I us , l.2.1.lc;l t' ,.. I ,., I , 2.221: 14.11 ..., nll 1<1.15 =~! .. '" <i ~ I un 14.16 ., " I I [ Tax Map Location I 150" 14.18 14.26 :! ~ "'''' .., ~. 1<1.2"- , ~ ~ 14.23 a~ 1.1.I.h::l ",n') " 1<1.19 , 14.31 12.11Alcl ~ 3-N g ~ . ;;'3 ~ 14.<1' ~. e~ 14.<11 l.Ulc! 1....45 f5\ LUte} ~ I z o 14.43 2.&ACl:l I 1" h ~ g - t....u \3"l,c.\ ~, , r.:llUNTYCFSUF'FOLK 100YELDPlEIflRIGHTSl RECR,UDI .~. \~ 5 - ~ " ~ ) 73 I _;u..___.. .])liC7r Po rid pt I , __~J_ i I \ , " , , --~~--- , , , I I u I NI i I " 11958! I ! I I I I EAST I I I I I I I I 74 1 ____________.----' ~ .---1 I , " I I IT I '> , \ \ \ \ , I r-- I I \ \ I . . ~ " I I \ i \ HD \ \ A-C \ \ \ \ I I \ \ I I I I I I /\L~. , ,-- \ C \ \ \ \ \ \ /~, A-C \ \ \ r~. \ \-.- . tl-80 r ." [ Zoning Map) \ " --.." '" , -' \ \' Q'f'G , \ ----------.- \. " (' .-\, w ,~ / 75 . . . ~~>~~~oo ~>~~~~~o~~<~~ . , / . . Phase I Environmental Site Assessment Cedars Golf Club 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 Cutchogue, Town of Southold, County of Suffolk, New York. The property is comprised of two (2) parcels of land totaling approximately 13.70 acres. This report addresses approximately 12.62 acres ofthe property. The subject property is located on the north and south sides of Cedars Road, between Case's Lane on the irest and New Suffolk Road on the east. The property is more particularly described as Suffolk County Tax Map # 1000-109-6-15 and 1000-109-5-16.1. The subject property is currently occupied by the Cedars Golf Club. The property is comprised of two (2) parcels located on the north and south sides of Cedars Road. The southern portion of the property consists of approximately 5.69 acres. A total of four (4) golf holes and several sand traps are located in this portion of the property. The course is interspersed with patches of mature trees and some plants. Several ponds were observed. The ponds located at the southwestern portions of the parcel are connected by culverts to West Creek which is adjacent. The levels of these ponds fluctuate with the tide. Several irrigation heads were observed throughout the area. Small areas of woods were observed around the perimeter of the property. This area of the property is generally flat. Ponding, as a result of the recent heavy rains, was noted throughout this portion of the property. The northern portion of the property, approximately 6.96 acres, is comprised of five (5) golf holes, sand traps and areas with mature trees. Several patches of vegetation were also noted along the perimeter of the property. A functional, hand pump associated with a water supply well was observed in one of the vegetated patches located in the northern portion of the parcel. Topography in this area was variable. No ponding was observed. Several irrigation heads were noted. A large pile of trees limbs was observed along Cedars Road. It is unclear if the debris was on the subject property or within the road right-of-way. No staining, stressed vegetation or odors were noted on the property. Cedars Golf Club, Cutchogue Phase I ESA . No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1955, 1966, 1978, 1984, 1996, 1999, 2001 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The area of the subject property consisted offannland and vacant land in the 1938 aerial photograph. A small creek and wetlands extending up to the area of Cedars Road were also visible on the southern parcel of the property. The creek and wetlands located on the southern parcel were altered in the 1955 aerial photograph. A levee appears to have been constructed dividing the treek. A small orchard or tree fann was visible at the southeastern portion of the northern parcel. The golf course as it currently exists was evident in the remaining aerial photographs. / An extensive government records search found no potential sources of environmental degradation on the subject property. The subject property was listed as a Petroleum Bulk Storage (PBS) facility but this storage facility is apparently associated with the Pro Shop located on the reserved area of the southern parcel which is not a part of this report. Several State and County documented regulated sites were noted in the vicinity of the subject property. One (1) active and three (3) closed spills were documented with one half(0.5) mile of the subject property. . In conclusion, this assessment has revealed no evidence of the recognized environmental conditions in connection with the subject property, subject to the methodology and'Iimitations of this report. However, it is recommended that if the property is to be used for residential purposes in the future, the soil should be analyzed for pesticides and heavy metals. . \'~, \ NMr Page 2 of 24 NELSON. POPE & VOORHIS, LLC ENVIRONMENTAL. PLANNING. CONSULTING I. ~ I I I I I I I " I I I I I I Cedars Golf Club, Culchogue Phase I ESA FIGURE 1 LOCATION MAP t- .?" 4' o '" ',.' .:( ,. ~1' 1~ s,~! ~.,. &(1' fSRQ "00$ ,.; ~ ~ " -1 .., .# ~ {f-J' '<' % '<[J. flo, ~~$:- .4:'" <;.:<1 .f ,. -S "." -~- 1'1',- .~~, '!9 (1' ... '-' '" '. is ",':- ttt' ~" r<-" ?)is .~ ", W r:fi~rl' \.\c9- r." ''-'lOr- .'llt- .D (>.' 4~' ~j;\ !;, I1J .f .~ ~ v <" ,;. (~,,,,,t" UTtE t~C\\ <;}. .'% q, "v ~ Q? '" ~fJ .fJ lr: ,,p ~ <[J. <P ,,$' ....~. ,,;;..... .dP1-" .,,~~ . 'I~ ~" JY Ii<;- - ."" 'I' *,9- 'i:. '~ " "<;' <", GREElH\'o\Y '- I I~~., . . Y'-f.... I> "",~,.." '-"'"F (lAj(P(J ~,., " 3 (., ~ " GEOfiGE ,.. Ueow Sutrol . '0, ..".~, '4. ~. 00 s! :0;: ,~ c- i -< ~ f,G~.'f,O 51 ",lGS1 ~ <!: tJr..iN3T tl ,1S,cof'<,\ll ~ 'f(f\'.'t: J4CI(SClI ST , .~ .,.. '" (' ~ 1.\I'A00we\CICHLN Cft€ar P~COffiC &v ~1'U-f.>O'H"""" Source: DeLorme Street Atla.;; Scale: Not to Scale " NOR TII + I ~ I I I I I I I " I I I I I I '- I Ceda.. Golf Club, Culchogue Phase I ESA FIGURE 2 AERIAL PHOTOGRAPH , ....... .... Source: NYSGIS Onhoimagery Program 2004 Scale: 1" = 250' ' NOR TII + I~~,'"",c-,- - . - " I ~ I I I I I I I " I I I I I I '- I 1~~.~"".r~F -,. Cedan Golf Club, Cutchogue Phase I ESA FIGURE 3 LAND USE MAP Source: NYSGIS Onhoimagcry Program, 2004 Scale: I" = 800' NORTII + '- I I~~'; I ~ I I I I I I I , I I I I I I Ced.... Golf Club, Culchogue Ph.se I ESA FIGURE 4 ZONING MAP -----I i , , j i~" ,"- \\...-, \' --' ---'. y \~~- \ \ -,\.. ..........' \ \\-...-, . \\--B -80 ",.--- ~ \ \\..-- \ '- , \ '. \, ~/ II -if -, -: - ! It , ~7 --- / i -'-----......! / / / .-- AC.~ , ' \ , /"' ,.--....... ,.;; ;---~---..........-./ ./ ~/.., !.-~ \ --/,,'/' T" ~ ~ r -' .---... --- / \ '\\ -~::, 'I \ \\ I ----::;'''/ . / I r -......... \ \, i 1 \ '~--~, f \( \ /" -.,--~ )\ \~/,-/ ,.//:~' .........~ " \ ./' if! ~ --~ ~/ ~....... /.... ~.i..... -'.r--. !e--," . ---- ~ i~' ~i - , ..J)IC~~ , -=-~~ .. , / '-'-'-."' / \...,1 --- -.... ,.- / .. j \' \ 'V\....//. Zone Oesc!i~!Lon --~-- - AC -----.t.gricultural q_l?~ervatio~_ R-4Q Residential Low Dens' AA R-80 Residential Low Density A B-=-~ 2Q.__ R~~~~enti~!_ Lo,,! Density _ 'L- B.2D9__~~siden~ial Low Dens~ C R-400 Reside.!1tial Low Density 0 HD ~amlet Densi~x Resi~ential I AHO Affordable Housing District RR -- ~-R~sortlResidential--- -- --- RO Residential/Office HB Hamlet BUSiness -- .----.-- LB Lim.ited Busi~e~~ B General Business MI M..rir.c I Mil Marine II --'-- -.----..-.- L10____-"ight IndustriaVOffice I'ark LI Light Industrial ~, ~ "-{ ..-1 J ""'. , ,~ ~---- ',,'. ff;:' ,r,:::';' '......'-" / .....\1-' /.,."'>.".'~. --'"' ~ ,;,. '. r-"-~('>~( '-~~ ".~--.' \....;.;.>)..>'-~:;. "",/R-4<<rj '-,. <...,~<i':"'';;'' ""',,,/',,;~.......'" _C'~,:....-''''''''" .........--..,'"J-...... '~'" Ii'...:..:::-::............., ...."" d5;?",.,~:\{,j -'~<';' .~- ,......~.~., '.~ '- ,. ~:...,~ j "''''J;... ,,,,i. f7j...... <:.. <"';;;"'-".~ '~'''''''''{J ': .." ....'..... ........... ..........,,~ --....--... <>It'- .....'I7,~..r .~ "._~ <.... !. .,,'''----... Source: Scale: Town of Southold Zoning Map I ,,~ 1.300' " . .r...,.", .,,-,. I ~ I I I I I I I " I I I I I I '- I Ced.... Golf Club, Culchogue Ph.se I ESA FIGURE 5 SOILS MAP . HaA \ . . Source: Suffolk County Soil Survey Scale: I " = 800' NORTII + I~~." r .:.(".. "r'-.l. p "-,'-..10. '-'10' -I"" I ~ I I I I I I I " I I I I I I '- I I ~~~~." r-- . ,.,. ,"" Cedars Golf Club, Cutchogu. Pha.. I ESA FIGURE 6 TOPOGRAPHIC MAP " . , ( ;' - . '. ... ~ - -., ..., , " -. . ~ " ......~... .-' :! -. \ .: , \ .' . e. .- ,///f~'~--'~--' " -:: .:. \I~. ~ ! . I ~ '0,,1"" ,,. "':-<I!.L.' "'UlIlIIItHI..,,,,"-'"'' ~\~-"-_-L-- .,', 0\' ~;:-, 0:' \; ..... )j;ri:-:~ J i. ((T\. '. ~ ~ w ~ Ssourcc: USGS Topographic Quadrangle, Southold & Southampton calc: I" = 800' NORnl + . ~ I I I I I . I " I I I I . I '- . Cedars Golf Club, Cutchogue Phase I ESA FIGURE 7 WATER TABLE MAP ~ \'I - ~~n ~r->~ /', 'r- ~~&~~ 3 - ....s~9269 0 Y'<"U ~I 0-,% ~ 3.370! ~. y~, ~~ 00 i" 0 V \ ~t--.....- ApproSCimate :: D ~y rr Loca';on " I \..\ 85~581 ' ~ 07.05 \( ) 853324 5700 LITTLE PECONIC BAY GREAT PECONIC BAY ;, /.",- ~ ( 1~i4' ( 88831 /X;f' ~ r:;;b24. ~~\:-~r'"- iI. 846530 ~ 8.310 --....-- . \. s J'-' ~ >-~: .~ r . . .. . Source: USGS Water Resources Investigations Reoprt. 2001 Scale: I" = 8,000' NORTH + .liPf:M II' ,. ~-~ 1:t 1 h V" .'.." I: - .r"re..', ',Y-'.f'" .~; . I" .\' ~ _. .j", . ,- -... tce -,",' . . . . I . " . I I I I . '- I .1IIPf:M I " ,'J ~.. I t-. \t. ~ . ~.., I : "r '->C'.".~'r.' . r> "-,.....,..:.,-.....,.,, -rl I ~ I Cedars Golf Club, Culchogue Phase I ESA FIGURE 8 WATER TABLE MAP " .' .' '. '. ..>, , . . ..,.....;.. o ." .-. .' : North: Fork CountrY ,S:; '. . .' . . ,. .. .' 0, .. ~. .' ....' , ,- . . . ..',' .... .", "w I , '. . ". -....>,.. .... ..' I.'..". .;..: ., '" , ., ~ , " .:. ". ',':, . . .".~, T -, I~.'. , .' . . ';. . ':~}:"No,rth f:9rK::':, <':--:bM.lrl'i' '~- Club: ,.. T:-':",.':~,r\.~':..~:/';'~'~""'. J .." ..,....... I ~" ~. ..,. Source: NYSDEC Freshwater Wetlands Map. Southold & Southampton Scale: I " = 800' NORTH + I ~ I I I I I I I " I I I I I I '- I Cedars Golf Club, Cutcbogue Phase I ESA FIGURE 9 FLOOD MAP Ii ! " '" PAlHWAV of Southold 360813 WOOD NE X Source: FEMA Flood Map, Panel 163 Scale: I" = 500' NORTII + I~~:".!,-- .. .... . F. -I I ~ I I I I I I I " I I I I I I '- I Ced.... Golf Club, Cutchogue Ph.se I ESA FIGURE 10 WATER MAIN MAP '"" '"" ''''''' .> ./ Q o ~ ~j ~" f~. NOR rH !'OAK , ; 3 S , . ... Source: SCW A Distribution Map, 2005 Scale: Not to Scale NORTII + ._Pf:M }. I ';.::~ ;"1".' !'_ v; (.'I.~ I [ r,o .""'.r~... p ''''''.-'I~ .--. .. . . ./- -r-,' . p U B L I C . H, E A R I N G . Town of Southold - Letter Board Meeting of June 20, 2006 . RESOLUTION 2006-558 ADOPTED Item # 28 DOC ID: 1955 / THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-558 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 20, 2006: . RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Julv 11.2006. at 8:00 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearin2 for the purchase of a development ri2hts easement on property owned bv Caberon Properties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (~arcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane. approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Club. The exact area ofthe purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a . public golf course, change of use to a different type of public recreational use, or agricultural use. Generated June 23, 2006 Page 49 . / . . Town of Southold - Letter Board Meeting of June 20, 2006 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; 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. ~!/-"'I~. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. ';" Generated June 23, 2006 Page 50 . LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday. July 11.2006. at 8:00 D.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and Dlace for a Dublic hearlne for the purchase of a deyeloDment riehts easement on DroDertv owned by Caberon ProDerties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000- 109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the intersection of New Suffolk A venue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Club. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. . There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; 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: June 20,2006 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 29. 2006. AND FORWARD ONE (!) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. . Copies to the following: The Suffolk Times Town Board Members Town Clerk's Bulletin Board Town Attorney Land Preservation (2 copies) . SOUTHOLD TOWN BOARD PUBLIC HEARING July II, 2006 8:00 PM . COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands), Chapter 59 (Open Space), and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. Julv 11. 2006. at 8:00 p.m.. South old Towu Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl! for the pnrchase of a development ril!hts easement on property owned bv Caberon Properties. Inc. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in an A-C zoning district. Parcel 2 is on the southerly side of Cedars Road approximately 378 feet westerly from the inter:.!ection of New Suffolk Avenue and Cedars Road in Cutchogue in an R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The combined parcels are more commonly known as Cedars Golf Club. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The purchase price is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. There is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and recreational value; 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. / / This notice has been published in the local newspapers as a legal and it has appeared on the Town Clerk's bulletin board outside in the hallway and I have no further communications on this public hearing. . SUPERVISOR RUSSELL: Would anybody like to address the Town Board on issues of this purchase? Melissa Spiro? . MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, I am the Land Preservation Coordinator for the Town of Southold. This purchase is really an atypical one, in that it is neither typical open space nor typical farmland. The property contains, as mentioned, an existing nine hole public golf course. The course is located on two separate parcels, separated by Cedars Road. One parcel is about 7 acres and the other is about 6. One parcel is located in the R-80 and the other is in the R-40 zoning district. The land owners have offered a developments rights easement on all but approximately one acre of the property. The one acre contains ~ existing club house and that is being reserved from the developments rights sale. The developments rights easement in total covers 12 acres of the two different parcels. The farmland that is located to the south of one of the properties is already preserved with a county developments rights easement to the county. The Land Preservation Committee reviewed and accepted this application with the intent that once the development rights are acquired that the existing use, the public golf course, will be allowed to continue. Since we really don't know what will occur in the future, what the future will bring, the easement allows for should the public golf course use cease to exist, that future use of the property will be allowed to be another type of public recreational use or if public recreational use is not a desired use at that particular time, the property can convert or be converted to an agricultural use. If it is converted to an agricultural use, the ag use will be allowed to be a private use and not a public use, similar to our typical farmland development right easement. The landowners agreed to sell the easement to'\he Town at a price below the fair market value and the total price will be calculated based on $46,000 an acre. Since the easement allows for future agricultural use and does not restrict the property to open space uses only, sanitary flow credits will not be transferred from this acquisition. It was exciting to work on this unusual application, something a little different. The golf course I feel is an important part of Cutchogue village and I thank the land owners, who I believe are somewhere here in the audience, for offering this easement to the Town and for allowing the Town to preserve this as part of our preservation efforts. Both the Land Preservation Committee and I recommend that the Town Board pass the resolution to purchase this easement and if all goes as planned, we expect to close before the end of the month. Thanks. / . SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this acquisition? I would personally like to thank the owners for their generosity, I think it is an exciting purchase as well and it is buying one of Cutchogue's defining landmarks which is fantastic for a guy from Cutchogue. George? . GEORGE PENNY: Good evening, I am George Penny. I am vice-president of Caberon Incorporated. Some of our members are here representing the four original families that started this back in the mid 60's? 65? That being Russell Case, Bob Bergen, Dick Cron (who has passed away) and my father. None of the original founders are here for this or can participate in any way as they have all passed on but I know it was their intent that this always remain a golf course and that was our main goal in doing this, being as the world is under terrific development pressure right now, that whether we retain the property or not, it will be kept in public use, most hopefully. If the worse case scenario is that it will revert to agricultural but I just don't see that happening being as it is the only . nine hole golf course in Southold Town. So we are pleased to present this to the Town. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else care to address the Town Board? / SUE AUER: MY name is Sue Auer and I represent 128 women who play golf at the golf course. Compute that by 10 voting things at 1,280 votes. They want, they are very excited about this, that it is going to be preserved. And we want to thank you for considering this. SUPERVISOR RUSSELL: Thank you very much for your comment. Would anybody else care to address the Town Board? (No response). Motion to close the hearing? * * * * * ~~~ Southold Town Clerk ". . . oo~~=< =~ooo~~~~oz . . . . RESOLUTION 2006-608 ADOPTED DOC ill: 2000 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-608 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 11, 2006: WHEREAS, the Town Board of the Town of South old wishes to purchase a development rights easement on a certain properties owned by Caberon Properties, Inc., pursuant to the provisions of Chapter 17 flk/a Chapter 6 (Community Preservation Fund) and Chapter 70 flk/a Chapter 25 (Agricultural Lands) and Chapter 185 flk/a Chapter 59 (Open Space) of the Code ofthe Town of Southold. Said property is identified as part ofSCTM #1000-I09-5-p/o 16.1 (Parcell) and #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcel I is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and G:ase's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, . approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. The proposed acquisition is for a development rights easement on approximately 12.6628 acres ofthe total 13.7228 acreage. The exact area of the purchase is subject to a Town provided survey acceptable to the Land Preservation Committee. The combined parcels are more commonly known as Cedars Golf Club. The purchase price for the easement is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale; now, therefore, be it RESOLVED bv the Town Board of the Town of South old that this action be classified as an Unlisted Action pursuant to the SEORA Rules and Regulations. 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further . . Resolution 2006-608 Board Meeting of July 11, 2006 RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board ofthe Town of Southold hereby finds no sil!nificant impact on the environment and declares a nel!ative declaration pursuant to SEORA Rules and Rel!ulations for this action. / / P~ot~C7.Q...:t.? Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski JI. ,. . . Updated: 7/6/20069:46 AM by Lynda Bohn Page 2 . 617.20 Appendix C State Envlronmentel Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACllONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPUCANT {SPONSOR: Southard Town Board 3. PROJECT LOCATION: Municipality: S:.c~<l-O\..."" ,,",,,()'-'.l./V " 2 R ECT N E 0L0'f'\ ~ft. '\00( 0 . \ . P OJ AM: C"\3.rtc:.N '(",ofelt.., "'''" County: S 01" FOL \<;. / 4. PRECISE LOCATION: (Street address and road intersectionsl prominent landmarks, etc, or provide map) ~"""loCO-\"'1.S-1'16 Ib.\ ~ \000-\o'l-b-15 7~'S C,,\.':. L"... .. LlSO C..';'c,(~ ~o..c\- =~==="',-"-~...~ 5. IS PROPOSED ACllON: IX N 0 E ,0 Modl'ficatr'on ew xpanslon . 6. DESCRIBE fROJECT BRI~FL Y: r C '0, 10""" cre"",,,, o(] &'\l. It:<;~ e"'~ 0,\ P..b'Z'ir Qe1'S 0'<- 13.722 ~c..I" 1""""< (z. '?::<""\~ .."....c.&.\% ~:n:...'6 "'I'~. -:r.-~.."'<"t C\.\\...., ~i,,+~"',o u\.e ( ~v,,\.'<:. ~-~I~ ~b\,t! (OIJ'CS-e ~c"""\^v'~'i'O(C"'~'" w"\1 1<5+'\& ~v"X<t ""'1(;9vl>l,< '1,,1.('. r.v,s"Jc\..c."'lr"'ti;Ci,ft;.a,,~ 1yff "~ ...Iic ""N'''","\~oJ us.< :o~"'.s'\<u, 1v~...g u.... . 7. AMOUNT OF LAND AFFECTED: INITALLY 12.~'2.11 acres ULTIMATELY 12,(,.'Z.'b acres r~~I::s~;OP::~D{~=:e:c::eM:~::ITH EXI~NG~~N;~G~R O;H~;" EXI;~~~LAN~ U~E ~~RI~~~~;: I,~~~"~~~~.._,.~,~_.,,~,-~~~",~"---~~,-,~"-~, _~"~~"_~_~ J 9, WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? if)? . . ['X [1 R" ~ ! ReSidential Commercial' Industrial Agriculture I I Describe: i ~-~~'-'-..._-.~~- -'"~~~~~~'-'-~~~~~--~~-~--'-'--~--- -'--'-''-'--'''-~..~-._-._-- ---- ---,--- 110. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR Ul TlMATEL Y FROM ANY OTHER GOVERNMENTAL I AGENCY (FEDERAL, STATE OR LOCAL)? 1[1 /Y1 ! Yes No if yes, list agency(s) and permit/approvals ~~~~"'-~"~.~~~'.'~~_~~'_"'""'-o.-_" r rark/ForesVOpen space (C:o""I.oos.' (,.u~ Other , , I I ---I i~"""~--~-~-~,~~""~--~-~_"~,~ __~"_ ~~~~~~_,_~~_._"_, __ ____ ._. ! 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? In 17' J Yes No if yes, list agency(s) and permWapprova/s I I __I I r r-- , j 12, AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION7 i r ft' Yes No _._-----".,~"".-._--~~-~..~,~-'"","-~~,-~_._.~---~"..--_,,~'._.~...,_.~.._. r"~"~--'~---~ , I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE . API,I"''''','!,rn,' "on" .0"e.Y~~07 j.AI'ot) '\>~~h~<<. S'"natIHI' ~__g~_ If th~ action is in the Coastal Area, and YOll are a state agency, complete the (oost,,1 Assessment Form bcfor-c' proceeding with this assessment l'aIL'_J/~J~_ . / . . PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXceED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? o YeslSa No If yes roordlnate the "ll1ew process and use the /iJ/1 EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLImD ACTIONS IN 6 NYCRR, PART 617.6? o YeslR] No If no, a negative dedaratlon 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 or quantity, noIse levels, existing traffic pattems solid waste production or di5PKJ~ potential for erosion, draInage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? ExplK:r}rlefly: C3. Vegetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly; !Jv 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? EXPla~ ~riefly; CS. G!~wth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly; IVo C6. LYb term, short term, cumulative, or other effects not identified in C1 ~C5? Explain briefly: C7. Other-impacts (including changes in use of either quantity of type of energy)? Explain briefly: I I I I I I I r ~:~:' ..:m<cr",~ '" m'= ~m' "~M'"~~"^=~"'",'=""'~~~='"'~" ^] r;I~~H-E~E:~;~~;~~~E-:~~~~~~; CO~;;;;ER;;~;:TE~~O POTENTI.~:;:~-DVE;SE EN~ENTAL ~M~~S?--- I ir . ~ . ! j 'res Nu I ' , i - _e, --'------~,--~-..-----~- ~---'--'~'-~~---~~----~_____~,~~,___._,~__ __~e_l. ! PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) ! INSTRUCnOHS; for each adver:se effect i?ent~ficd above, determine whe~~er it is sub~tantial, large,. or othe~ise Si~~ificant. Each effec.t should i be assessed II) cOllnc~ction with rts (a) settltlg (I.e, ul-ban or rural); probability of occurnng; (c) duration; (dO Irreversibility; (e) geographiC scope; , ! and (f) Illagllitud('. If necessary, add attachmenls or reference supporting materials. Ensure that explanations contain sufficient detail to show I 1 that all relevant adverse illl[XKts have been identified and adequately addressed. If question D of part II was checked yes, the determination and i I significance must evaluate the pot?~tjaf impact of tt~~oPo5ed action on the environmental characteristics of the CEA. j ~ ~7::E~::~~:~:~:~::~~~:::::;::;:,:::~;~:,::,;::~~:~::"::' "I that the, pmposed action WILL NOT result in allY significant adverse environmental impacts AND provide on attaehme,," I as necessary, the reasons supporting this determination: ~ ---- S-.'" t\---'>ht>\ O";'~,e Of~~9~CY I S6e>it_Tus S" \ S. .n-...._ 'I PI-int of t)'Pe r~Clrne 0 . i j om of responsible officer) ~ ~ ~u = -< 00 ~ ~ ~. 00 0 ~ ~ ~ ~ 0 Z . . . . / . . RESOLUTION 2006-616 ADOPTED DOC ill: 2006 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-616 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON JULY 11, 2006: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on certain properties owned by Caberon Properties, Inc., on the 11 th day of July, 2006, pursuant to the provisions of Chapter 17 flkla Chapter 6 (Community Preservation Fund), Chapter 70 flkla Chapter 25 (Agricultural Lands) and Chapter 185 flkla Chapter 59 (Open Space) of the Code ofthe Town of South old, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-109-5-p/o 16.1 (Parcell):tmd SCTM #1000-109-6-15 (Parcel 2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Route 25 and Case's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. The combined parcels are more commonly known as Cedars Golf Club; and WHEREAS, The proposed acquisition is for a development rights easement on approximately 12.6628 acres of the total 13.7228 acreage. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee; and WHEREAS, the purchase price for the easement is $46,000 (forty-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale; and . Resolution 2006-616 Board Meeting ofJuly II, 2006 WHEREAS, there is a nine-hole public golf course located on the properties. The Town is proposing to acquire the development rights on these properties with the intent of allowing the existing use to continue. Any purchase by the Town will restrict future use of the property to continued use as a public golf course, change of use to a different type of public recreational use, or agricultural use; 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 recreational value; and WHEREAS, the purchase of the development rights on these properties is in conformance with the provisions of Chapter 17 f/kJa Chapter 6 (Community Preservation Fund), Chapter 70 f/kJa Chapter 25 (Agricultural Lands Preservation) and Chapter 185 fi'kla Chapter 59 (Open Space) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 ofthe;Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has . determined that this action is consistent with the L WRP; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOL YED that the Town Board of the Town of Southold hereby elects to purchase a development ri!!hts easement on certain properties owned bv Caberon Properties, Inc., pursuant to the provisions of Chapter 17 f/k/a Chapter 6, Chapter 70 f/k/a Chapter 25, and Chapter 185 f/k/a Chapter 59, of the Code of the Town of Southold. Said properties are identified as SCTM #1000-109-5-p/o 16.1 (Parcell) and SCTM #1000-109-6-15 (ParceI2). The addresses are 765 Case's Lane and 450 Cedars Road, respectively, in Cutchogue, New York. Parcell is located on the easterly side of Case's Lane, approximately 557 feet southeasterly from the intersection of State Road 25 and Case's Lane in Cutchogue in the A-C zoning district. Parcel 2 is on the southerly side of Cedars Road, approximately 378 feet westerly from the intersection of New Suffolk Avenue and Cedars Road in Cutchogue in the R-40 zoning district. . The development rights easement comprises approximately 12.6628 acres (subject to survey) of Updated: 7/6/2006 10:05 AM by Lynda Sohn Page 2 . Resolution 2006-616 Board Meeting of July 11, 2006 the total 13.7228 acreage. The exact area ofthe development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee. The purchase price for the easement is $46,000 (forth-six thousand dollars) per buildable acre. The purchase price is less than fair market value and is considered a Bargain Sale. The Town is acquiring the development rights on these properties with the intent of allowing the existing use as a nine-hole public golf course to continue. The purchase of development rights by the Town will restrict future use of the property to continued use as a public golf course, change of use to' a different type of public recreational use, or agricultural use. P~Q~....~. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. L . . Updated: 7/6/2006 10:05 AM by Lynda Bohn Page 3 u~ooo~z~ oo~<~~~~z~ . . . . CLOSING STATEMENT CABERON PROPERTIES, INC. to TOWN OF SOUTHOLD Development Rights Easement -12.6628 acres 11.99 buildable acres @ $46,OOO/acre Premises: 765 Case's Lane & 450 Cedars Road, Cutchogue Total Parcel Acreage -13.7228 acres SCTM #1 000-1 09-5-p/o 16.1 & 1000-109-6-15 Closing held on Tuesday, August 1, 2006 at 10:00 a.m., Land Preservation Department, Southold Town Hall Annex Purchase Price of $551,540.00 disbursed as follows: . Payable to Caberon Properties, Inc. Check #87215 (8/1/06) $ 551,540.00 Expenses of Closing: Appraisal Payable to Given Associates, LLC Check #81328 (5/10/05) $ 2,700.00 Survey Payable to Peconic Surveyors, P.C. Check #85045 (2/14/06) $ 4,500.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #87665 (9/5/06) $ 1,300.00 . . Title Report Payable to Stewart Title Insurance Company Check #87217 (8/1/06) $ 2,646.00 Fee Insurance Recording Easement Certified Easement Franchise Report Additional Tax Search $ 2,316.00 $ 200.00 $ 75.00 $ 25.00 $ 30.00 Those present at Closing: Scott A. Russell Mary C. Wilson, Esq. Southold Town Supervisor Attorney for Town of Southold . Eileen Bergen Talbot Don Bergen George Penny Geoff Penny John Dennison Donna Palmer Seller Stockholder Seller Stockholder Seller Stockholder Seller Stockholder Seller Stockholder Paralegal for Seller - Caberon Properties, Inc. Andrea Rive Melissa Spiro Melanie Doroski Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst . 1Ifm=m=m7"IlI;::<"m=Il:~;'I\I~~-;li\lI- -ti-mwN'.O.... ~~... .,' . 'Qc' "f;W' \1 -I' -'1\-\1\-" U.........\H""-l.,'"~.'\t'~_..-q-"'" . 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':C; -~~19fl.i#ii~~r;i;'l~;,;(.. .... ..' ~(f!1;~!6: 7:Etl!ti:'fti\;ilJi:.9jis .. :: ,h~'; J}j::::~::h!~_'_'i""~r}fl~-:"?ai,,.::t-\;L,. !>-:___ ',. ~ ::::.::~t( ~~-lH ;:,:;:;ft\ ::.-;,,'~w~~::;~:w- '::~",:':i;i 2">~<';', :.;;:.-':~jl "; 1rl~;~ -1\' dJ,'~"~~ 'f;i':~,~~{':';~~:iT;':!,~.'Ui.,';;':,ii;'~_:;',; '1" '; C l,tl ~,..., , L"", i,,'-- t:ll-"- n:"."." J:IC'+ ,;-}'>'" :'fl~,.' L;. x:,; 'Ii ",..H' , ,_ "i "-,, . ;', .. h" 'tf U , ';; ',., '0, I; 3 00000 I, Oil' 11'0872.511' 1:02.1,051,1;1,1: VENDOR 002916 CABERON PROPERTIES. INC. ~ 'M'! '1"" "P" T~"i' .....l\~~."" <, ", _.;>;';:E:r~;~t~:,;~,'7}~1::+W{[~~'1rr~~'ni=;~ ~-m; '.:::' ::,~::;~(E %tl;!~? 11~~~m ;;\~~ '"II fill "-1'\'\,111 0'1-1-\: ,~",,".~l.\":-h-"I;I"''''''J\},~~~m~\~ t"- '_'"' . ,in ~;J': ::'\\\:~ 5i:hie::I\\ =\\1 ~m ~II\:;;:II\ - ..' ,'1.":' "; c." '1"c.~..II'lc. "'~a"",J"'llail!i:itm=III' ':-', Il'_':';-;,":""'iJ_''"I>~,>>l~jIlJ~~n' 'm-_.. " "..; """...0"\"",,'11 "cJ""""'m'ledi"\~I'\='II= ;'~:":"n!"""i'-~7--;"':~,:'_in':'~'~"'~W-'S?'-: ---d.";,,,,;' f ---"l.~- \ .CI\I!i~f,("2:."\"::i;l:i;:;:I;".l><~I=::IIl~IIIE':llli . . '''gJ.'''i'i(:,II:I:I::'''"'Ill''''~I!I:''''Il!-''I\l=!II= """"1 i!f;; :~,:~\,\ ~c;\i~'&~"~:1,tMN~il\=ii~ A\'lD. 9~/;lL\:I~, 'Il~~""I\'R;.!?;" "".' \I;':~;\l '2':,,111 ~ ; - - '--:,~ ',' ;:',::>_1"::~' ; H;::{ ; ':;:;'~:' ; h ;,;~<,~ iHi:~ ~H;:;:c;: m~: m: . , ;;,...,,;!;''',.-'t1i.....,'i'J\ , '~\i<~.{~ji,; '~~\~,,;:': ); :t:__,: );}::::.!: H~~r;: 'h-'~ l~ FT~lD &. }\.':~C'T.RJT 08/01/2006 "\ r.o.# IUVOICE H3 .8660,2,600.100 . . '- r'HRr'K 87?1'i DEOCRlr'f'IOn M.I0UiJ'f' 11,99 ACRES-CEDAR 551,540,00 TOTAL 551,540.00 TOWN OF SOUTHOLD . SOUTH OLD, NY 11971.0959 ./ ~GIVEN . ASSOCIATES GIVEN ASSOCIATES, LLC P.O. Box 5305 . 548 Route 111 . Hauppauge, NY. 11788-0306 (631) 360-3474 FAX 360-3622 April 21,2005 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 ~I~A: ~!;j~ DEFT Of lAND PRESERVATION Appraisal of Property of Caberon Properties, Inc., S.C.T.M. #1000-109-5-16.1 & 1000-109-6-15 located North and South side of Cedars Road, Cutchogue, NY Disburs Inquiry by Vendor Name Hi ............. .Detail--GL100N.............. LL W-05102005-771 Line: 92 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 5/10/2005 SOT 5/10/05 Trx Amount... 2,700.00 Description.. APPRAISAL-CEDARS GOLF Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. CHECK........ 81328 Invoice Code. 2004287 VOUCHER..... . P.O. Code.... 13911 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 5/10/2005 Date Cleared. 5/31/2005 F3=Exit F12=Cancel . File# 2004287 GL108S 20 View 1 Vendor.. 007416 Y=Select JE Date Trx.Date Fund Account ----------------------------- Begi TOWN OF SOUTHOLD ** Actual GIVEN ASSOCIATES 4/12/2005 4/12/2005 H3 .600 4/12/2005 4/12/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 5/10/2005 5/10/2005 H3 .600 X 5/10/2005 5/10/2005 H3 .600 7/05/2005 7/05/2005 H3 .600 9/13/2005 9/13/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 10/25/2005 10/25/2005 H3 .600 11/10/2005 11/10/2005 A .600 , , 11/10/2005 11/10/2005 A .600 , , 11/10/2005 11/10/2005 A .600 ,~~:~~:~~:_~:~:~~:~~:_~3_.t~~ Acti F2=Shift Up F3=Exit FIO=Prev View Select Record(s) or Use Action Code $2,700.00 SCNB . . .................................................................................. .. PECONKC .sURVEYORS, P.Co . P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 .J A"<t>M)<76~ Fa2ll1n)"$'65-1797 TOWN OF SOUTHOLD RE: CABERON PROPERTV/TOWN OF SOUTHOLD 765 CASE'S LANE & 450 CEDARS RD CUTCHOGUE -- _ "'O"R 17"Rell.~E fdReER f! l1fJ9f: FOR PROFESSIONAL SERVICES RENDEREfl, .JOB # 05-267 & 05-26B SURVEY As PER qUOTE $4,500.00 SUFFOLK COUNTY TAX MAP ] 000-] 09-06-] 5 . FINAL PAYMENT DUE UPON RECEIPT GLID8S 20 View 1 Vendor.. 016144 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Actl 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 6/03/2003 6/03/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/23/2004 3/23/2004 H3 .600 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 , , 12/20/2005 12/20/2005 H3 .600 Y 2/14/2006 2/14/2006 H3 .600 2/14/2006 2/14/2006 H3 .600 . -------------------------------- E F2=Shift Up F3=Exit FID=Prev View Select Record(s) or Use Action Code TOWN OF SOUTHOLD ** Actual Hi PECONIC SURVEYORS, Disburs Inquiry by Vendor Name ............. .Detai1--GL100N.............. W-02142006-981 Line: 356 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 2/14/2006 SDT 2/13/06 Trx Amount... 4,500.00 : Description.. SURVEY-CABERON PROPRTIES Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. A1t Vnd.. CHECK........ 85045 SCNB Invoice Code. 05-267/268 VOUCHER..... . P.O. Code.... 14895 Project Code. Final Payment F Liquid. Type of 1099. N BOX. Add1. Fixed Asset.. Y Date Released 2/14/2006 Date Cleared. 2/28/2006 F3=Exit F12=Cance1 . . ......................................... . Netson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 . Property: 06185 Project: V A02140 Cedars Golf Course, Cutchogue Manager: McGinn, Steven Invoice To: Town of Southold Town Hall 53095 Main Rd, PO Box 1179 Southold NY 11971 Attention: Melanie Domski Invoice #: 4229 August 20, 2006 Invoice Date: MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS $1,300.00 Invoice Amount Contract Dated June 20, 2006 Contract Item #1 Phase I Environmental Site Assessment Work Performed thru 7/12/06 . 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 *** Total Project Invoice Amount $1,300.00 All invoices are dup npt in dtn-" -1 Inlll' "h"...." ", 1 ~L nflP _~_.l.. ....." ~ ~ _~.I_.1 __ _ TOWN OF SOUTHOLD ** Actual Hi NELSON, POPE & VOOR GLIOBS 20 View 1 Vendor.. 014161 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti X 9/05/2006 9/05/2006 H3 .600 9/05/2006 9/05/2006 H3 .600 . -------------------------------- E F2=Shift Up F3=Exit FIO=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. .Detail--GL100N.............. W-09052006-828 Line: 226 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 9/05/2006 SDT 9/05/06 Trx Amount... 1,300.00 Description.. PHASE l-CABERON ESA ENVR Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK........ 87665 Invoice Code. 4229 VOUCHER.... .. P.O. Code.... 15208 Project Code. Final Payment Type of 1099. Fixed Asset. . Date Released Date Cleared. F3=Exit F12=Cancel SCNB Liquid. BOX. 07 F M Y 9/05/2006 Addl. . . ......................................... . .('::;:'m':~m ~1"1='II'\''''' ~ I)-~'- ~,~- \'-11""'1''1'''''',' = l~'" ",~.7 ,!,., ~111=!"=\H',;, \', .. ,--...,.0.-.... 'Y":",';" _.:_,:.>" .., \='111=111"""',,';; '.'," - .-. '--'Jil,q""',,"""':';:i ~11\~"",I'II;",'lj,.;,;!~ ,I,' ,c - --, -~}'!'~",~L'~;~Jh"-.;, , l-\\I-.l\\~ ", ,"'" ""\'" ,. -- ~- '-~"'l,"',~"";,,, ,...,~'(< .--..'.':)','.....';1 -.-l"-"I-I~~-: :':",'!, 'I: ", ii', ''\ ',i. - -..", . .., ~,~"" ~J ',-, --,," '.1" ',., -.I"..'~ ., .-, .",.; ... ~-,d"-:':-.'.,,':-._.:'i..;'.'.. ':';.,_~'_Jj/,.,,'., _......,..",....,.1..';, """,.,<"[..".-;;" ._.,'.[_. _.,', .-, 1- ',11_"\1,.,,, ."..,' ,," ., -lll;l-\-!""':""":); ,; ..' .:.' ':,' :":, o = ~I'::"\!,, "', "'.;',...,' ,'. , \::::: . mJi~1J.S,~. g;t~ tiu;t;I:DRED -\I\-\!I..'\\\,,, i' '" 'l :: = f!~";;; 11".S;;\~,- .. I=W,""~\\I:";\I\ ' -Il\-~ -\/7 ..;, ~;,'" .. -. _'w ll"'>''''''-,'h'''' ~. --', ,_~'_ i', ....,.,. ~;:::"J~i'~'i:\~r'J!EI1Alt';r"T.l;TLE INSURANCE CO. flll:if~~;:::~:;lS'l3A1LlS ROAD, SUITE 201 "1'I'i,",l1~'" ,,1'lk'LV:ILTE NY 11747 ". .j.."., ih~% ,1.._. .,t"'.~, " f:ol .. ..... 1".,,'\, ""1"" . ., --L!' ~':i~'~}: 'f',~f!.:::--: -, "!II.", ' " \!.!. ',:" .. ,. ", ' TOWN OF SdlJ!I'HOf,lr,<,',./:':\I\:':i'I)1 ::=::\~ '.C.,,'lhr\!~ ..' ',.." !Ijl\:,: .. . :1\'E\\l=!I\?.."h\". ,1~11\, 53095.MAlfr~0Ai!>" "\""':\''''1.,0;,',\': co" \.":"'~"':::' ""JJ.\I=II''''''I\\O''.'IW::='' :; ..,: <i,:, ;~: ;,.', j:",' '.::" ';-~' ':~'_-,;I;~'~_'~L(';;-":~~;::':',:'.~;:',w L. ~- .;J.,7~hi '"';"'~.::.. j~ SOUTHOLD,NijW:YORK1'971~S'9::",':";I:".: . . ',,:1",., . ,.fl""'hl,""~hl::;::dh, .. . "11""""'''''''. "f """''''''1\ '~I\I-'\\'-I\' "-'I' ",,-. 'j-' 'H-:':::l'!f~;::hf;':::""r'~.~:fit::!~~j:,'~;L. ~~ ~=} =Il'-:::::, p;:.~h ::::::::, ":.:~{ l~~~;;~~~",,;h'; ';\;':(;:;~~1~~~~m: .",>,,,1.1..,,,,,,,,,,\ -- J):..-I~~\....IlI.,~lll- 1\1.""""I2l!!IIlJlt;KilQ" ;;(7'. ii' ~~I.:::::: 'I\=\il= 'II' 0S/0~h~d~j~i(~,'1\ji:~i~~;i~/'- ifi~.Ci!~iiiqTl[7\i FORTY SIX AND. 00/10 ohdL7i:lI'b}~ \;~~i "; 1.;~,:;~;.',';;"i7..:...:;(";;;:;~' " , , "'f '''~~''l" ,,,- .. ....,'"..I\,....,!,,,..,,.....I>> ~" 'n::^~ ;'~~'~:~~,' H': <:t,:;j\":,;, .: j~~~;:S m:::; tHF"E m~: m~~: ~',,;\.::,~- ':;;~' ')::," !:.,';"f; , ~f:~l~ 1~~11t~Tlh\:7~n,I:1 i~,:;~~:~:~:jl~jl~. " M>. ' . :',t":,::)H:::':~\~\.'::0 ',' Jti) 11'087 2 ~711' 1:0 2 ~l,oSl,bl,l: b:l 00000 l, Oil' VENDOR 019624 STEWART TITLE INSURANCE CO. ,. 08/01//.006 C'HRC'K R7?17 "'\ FrnJD &.. ~7\~C':':'lj:NT roo. # I~rvTOICE DIJOCRlr'fIOn AMOUlJ'P H3 .8660.2,,600.100 H3 . 8660 . 2 . 600 . 100 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660,,2.600.100 TITLE INSURANCE-CAB 2,316.00 RECORDING FEE-CABERON 200.00 EASEMENT COPY-CABERON 75.00 FRANCHISE REPORT-CABER 25.00 ADD'L TAX SEARCH-CABER 30.00 . TOTAL 2,646.00 . '-.. ./ TOWN OF SOUTHOLD . SOUTHOLD, NY 11971.0959 . . . ----~- ' _~,<",,_-_,'.O:,"._; R E C o R D E D D E. E D . 111111I11111 1111I1111I11111 11111 111111111111111111I1111 111111I111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrwnent: EASEMENT /DOP Number of Pages: 15 Receipt Number : 06-0081894 TRANSFER TAX NUMBER: 06-02584 Recorded: At: 08/21/2006 12:34:35 PM LIBER: PAGE: 000012465 493 District: 1000 ad Amount: Section: 109.00 EXAMINED AND $551,540.00 Block: 05.00 CHARGED AS Lot: 016.002 FOLLOWS Received the Following Fees For Page/Filing COE TP-584 Cert.Copies SCTM Comm.Pres $45.00 $5.00 $5.00 $9.75 $0.00 $0.00 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO $5.00 $15.00 $0.00 $70.00 $0.00 Exempt NO NO NO NO NO Fees Paid $154.75 TRANSFER TAX NUMBER: 06-02584 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County (5)~~~~\'!7~rm m1 SEP 3. q 2006 l.W . DEPl Of lAND PRESERVATION . / / . . 2 Number of]J<1gcs TORRENS Seri<ll If , Certificate # Prior Of. II Deed I Mortgage IJlSlrlll!lell{ Deed / Mortgllge Tax Stamp FEES l'ilJ'.C / FiJilli~ Fec '6 6 :-) llillldlillg TI'-58'1 Notation fA-52 ]7 (County) 5~ --- Sub Tolal fA-52!? (State) KPTSA 1D~ Cotnm.ofEd. 50_0_. AlJid"Y ) C"tilicd Col'J,~~ neg. Copy Other CJ2Y ---?{=- Re<l] Property Tnx Service Agency VerificatioJ] ni~1 <:"_-";F... n I~~' 1000 10900 0500 016002 Stamp 1000 10900 0500 016003 1000 10900 0600 015000 Date ) Inilials ~F-. SatisfactiOlls/Dischluges/Relcases List Property Owners Mailing AJJress RECORD & RETURN TO: Town of Southold cut.' f1-e[~ ~.5/Lu L~( PAL~~ '!80 q b i2v-~ J.?) pJ 0 .;Jry /I 7 0; StLvCttu'-L,( //17/ , "15 Suffolk Count Recordin R RECORDED 2006 Aug 21 12E;4~35 PM Judi t.h R: 'P.3sGde CLERK OF SUFFOLK COUNT'/ L 000012465 F' 4'33 [J T # 06-025:34 Recording / Filing Stamps M(lrlf_'.ill~e AIlII I. BasicTnx 2. ^ddiUul1al Tax Sub Talal Spec.lAssit. 0, Spec./Add. TOT. MTG. TAX DlIal Towll~Dllill COlllJly~ . 11,ld r~, APpo,tio,mty_ on-+- fmnsfer fax OJ-P. tr1 ~ Mal1siOll Tax ___ ~ The propelty covered by Ihis IJlUrtgagc is or will be iJl\proveu by a one or two family dwelling only. YES or NO If NO, see approprinte lax ci~~ page H ~ofthisinslrull1el1t. 8.,~-'I-O C0I11Jl1uuily Preservalion Fund COlIsidcnllioll Amounl $ D CPF Tnx Due $ Improved / Vacant Land TO TO TO /(J . Tille COlII(lal/Y Il/foJ'll/aliOI/ Co. Name ~~_._~--------"-._----- 'nus page forms part of the attached & Endorsement Pa e --Gr..!l'" f_{Jf t~nSeVrl4t,"" E;,seme... t . m,de by (SPECIFY TYPE OF INSTRUMENr) r.;c)hprnlL.E1:o.p.prt-i "'" Tnr 'llle prelllise~ Ilcrein is situated in SUFFOLK C:OUNIY. NEW YORK --~-. --_._--~------ TO Town of Southald In the Township of Southold In the VILLACJE or IIMILET 01 Cutchogue IIOXES 5 TIlRU 9 tv!USIIW I YI'ED OR PRINTED IN BLACK INK Of" Y I'I(lOI( TU W:C'OHlliNC: nil '''" "". GRANT OF CONSERV ATlON EASEMENT . Between CABERON PROPERTIES, INe. And THE TOWN OF SOUTHOLD . (Sf THIS INDENTURE made thIs ~ day of ~rust L2006, between CABERON 7' <t:i;.o!'$ PROPERTIES, INC, located at Cedars Golf Club, . . Bel[ 'tA~, Cutchogue, NY 11935, hereinafter referred to as llGrantortl, and TOWN OF SOUTHOLD, a municipal corporation with offices at 54375 State Road 25, Southold, New York 11971, hereinafter referred to as "Grantee". WITNESSETH: . WHEREAS, Grantor is the owner in fee simple of certain real property located at 450 Cedars Road and 765 Case's Lane, Cutchogue, New York, Town of South old, County of Suffolk and State of New York" mSJS paRiel:llarl:,' 88l:iRaeEl ami a.e3E.lleea an Se.hodtilo "A n, aBBS}(Sd. l."'u...t0 .:....:1 l,lJ..1';' .:.. ..wt 11':"1';'6[, al,a. iaentified an tll, Sl:lff.':..lk Colin!) TA'J.': r.fa:p &:!. DiMiiet leeO, ~ 3l;diuJI 101}.50, 81u\...1... 65.tHJ, Lut 0616.1 alld Di::;uil,,;l 1006, SCl,.;tiUll 1(j~.o6, f>lul:k 00.00, LUL",-, ... 881S.00, l,'d,~..aftc, ."Kucd 15 all "Entilc FIlLed", 'ollJiJtiI.g e f Rf3fl:p:?x.m<::ltply 11 RO ~'Il~rp~' llnd ~ WHEREAS, portions of Entire Parcel, consisting of approximately 12.80 acres, and more particularly bounded and described on Schedule ''1>:,', annexed hereto and made a part hereof and as shown on the survey prepared by Petonic. SIAX~S , dated the 2P;"'- day of Dcc.en1lxr- , 2005, loot '- is." tbe ~ ~ ,~, a copy of which is annexed hereto and made a part hereof consisting of the parcel containing approximately 12.80 acres, hereinafter referred to as "Protected Parcel", has open space, agricultural as well as public recreational value and significance; and WHEREAS, Grantee is a municipal corporation incorporated under the laws of the State of New York, and one of the purposes of said Grantee is to promote conservation of land for open space, agricultural and public recreational opportunities; and WHEREAS, the Protected Parcel has substantial value as a scenic, public recreational resource specifically as a pre-existing nonconforming golf course located in the AC and R-40 Zoning districts; and WHEREAS, conservation of the Protected Parcel will yield a significant public benefit by promoting public outdoor recreational enjoyment and opportunities within the Town; and WHEREAS, conservation of the Protected Parcel may also provide a significant public benefit should the public recreational use be tenninated and the Protected Parcel be used for agricultural purposes; and WHEREAS, the conservation of the Protected Parcel is pursuant to Town agricultural, conservation and public recreational policy; and WHEREAS, Grantor and Grantee recognize the public recreational value and potential agricultural character of the Protected Parcel and have the common purpose of conserving open space, agricultural and public recreational values of the Protected Parcel by the conveyance to the Grantee of a Conservation Easement on, over and across the Protected Parcel which shall conserve the public recreational value of the Protected Parcel, conserve the use of the Protected Parcel for public recreational or agricultural purposes and prohibit the development of the Protected Parcel for any other purpose but recreational use or potential agricultural use, except as provided in this Easement, in perpetuity; and WHEREAS, Grantor grants this Easement with the unanimous consent of its stockholders or it has been made in the usual course of business, . NOW, THEREFORE, in consideration of $551,540.00 and other good and valuable consideration paid to the Grantor, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Conservatio:l Easement, in gross, together with the Right of First Refusal on the restricted Fee, which shall be binding upon and shall restrict the premises shown and designated as the Protected Parcel herein, more particularly bounded and described on Schedule "B" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Easement, the rights and interests in connection therewith and as hereinafter set forth, with respect to the Protected Parcel, 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 said Protection Parccl, subject to the limitations, conditions, covenants, agreements, provisions . and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to said Protection Parcel. The Grantor, for themselves, and for and, on behalf of their legal representatives, successors and assigns, hereby covenants and ag;ees as follows: ARTICLE ONE THE EASEMENT / / 1.01 Tvoe: This Indenture conveys a Conservation Easement. This Easement shall consist of the limitations, conditions, covenants, agreements, provisions and use res'trictions recited in this indenture. Reference to this Easement or its "provisions" in this indenture shall include any and all of those limitations, conditions, covenants, agreements, provisions and use restrictions. This Easement is to protect the recreational value of the existing public golf course and its aesthetic and open space values. The Protected Parcel may not be used for any other use except that the Grantor may use the parcel for its present use as a public golf course and for other permitted public outdoor recreational purposes or agricultural purposes as defined herein. 1.02. Duration: The Grantee hereby accepts the foregoing grant of Easement and the parties hereto each agree that the limitations, conditions, covenants, agreements, provisions and use restrictions herein set forth shall, in all respects upon the recording of this instrument by the parties hereto, be immediately binding upon the Grantor, and its successors and assigns, and same shall benefit the Grantee its successors and assigns, and that the burdens of said Conservation Easement are perpetual and shall run with the land. . 1.03 Effect: The covenants, limitations, conditions, covenants, agreements, provisions ppd use restrictions of this Easement shall run with the Protected Parcel as an incorporeal interest in the Protected Parcel, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantor's agents, tenants, representatives, successors and assigns. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each of its agents, successors, and assigns and each such following successor and assign, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO DEFINITIONS 2.01 Develonment Rights - shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Parcel for anything other than those uses set forth herein. 2.02 Arncultural Use - use of the Protected Parcel for agricultural production 'as that term is presently referenced in Section 247 of the General Municipal code and/or as defined in Chapter 25 of the Town Code of the Town of Southold. 2.03 Structure - anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. 2.04 Public Recreational Use- use of the Protected Parcel for public outdoor recreational uses by the residents of the Town of Southold including but not limited to, golfing and passive recreational uses. 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 Protected Parcel: 3.01 DUl11Ding: There shall be no dumping of ashes, trash, garbage or other unsightly or offensive material, hazardous substance or toxic waste nor any placement of underground . storage tanks in, on or under the Protected Parcel; there shall be no changing of the topography through the placing of soil or other substance or material such as land fill or dredging spoils, nor shall activities be conducted on the Protected Parcel or on adjacent property of the Grantor which could cause erosion or siltation on the Protected Parcel without prior written approval from Grantee, specifically the Land Preservation Committee. Nothing herein shall preclude the disposal of wastes in a properly designed and approved manure storage pit. 3.02 Vehicles: There shall be no operation of snowmobiles, dune buggies, motorcycles, all- terrain vehicles or other recreational vehicles on the Protected Parcel. The use of golf carts and maintenance vehicles for purposes of golf course use and maintenance shall be permitted. 3.03 Buildings and Structures: The construction or placement of buildings or structures of any kind or nature (including, but not limited to, mobile homes), permanent or temporary, on, over or under the Protected Parcel shall be prohibited, except as provided under Section 4.04 herein, for permitted public recreation uses. Other structures and improvements, including, but not limited to driveways, trails, fences and drainage structures as permitted in Section 4.04 hereof, shall not be erected on, over, or under the Protected Parcel without the prior written consent of the Grantee, specifically the Land Preservation Committee, as may be required by the Code of the Town of Southold which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable law. 3.04 Excavation and Removal of Materials: The dredging, excavating, mining or filling of the Protected Parcel shall be prohibited, except as is necessary to permit the public golf course, park and recreation uses permitted by the Easement There shall be no vegetative or tree clearing, except as is necessary for the park and public recreation uses or agricultural uses as permitted by this Easement. Nothing herein shall preclude Grantor from performing those activities that are necessary and customary to golf course construction and/or maintenance, including changes in the topography as necessary to facilitate the use of the pre-existing public golf course, control and soil conservation, or any excavation or filling necessary for the erection of permitted structures pursuant to Sections 4.04. . 3.05 SubdivisionlPartial Lease: No subdivision or partitioning of the Protected Parcel shall be pemli tted. 3 06 SIlfiS' The display of signs, billboards, or advertisements on the Protected Parcel shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character ofthe Protected Parcel and only for the following purposes: a) to state the name of the Protected Parcel and the names and addresses of the occupants, b) to advertise the use for which Grantor is permitted to utilize the Property for, c) temporarily to advertise the Protected Parcel or any portion thereof for sale or rent (subject to and in accordance with applicable provisions of the Code of the Town of Southold), d) to post the Protected Parcel to control unauthorized entry or use, e) to provide informational, directional and safety signs directly related to the permitted public recreational use and f) to announce the Grantee's easement. 3.07 Utilities: The creation or placement of overhead or underground utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Protected Parcel shall be prohibited, except as provided herein. 3.08 Prohibited Uses: The use of the Protected Parcel for any penn anent or temporary, residential, commercial or industrial use shaU be prohibited. Nothing shall preclude the use of the Protected Parcel for public recreation uses as pennitted by this Easement. ARTICLE FOUR GRANTOR'S RIGHTS . 4.01 Ownership: Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, including those particularly described in this Article herein. 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 Protected Parcel for public recreation uses or agricultural uses and in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable laws of the Town of Southold, County of Suffolk, State of New Yark and Federal Government, and which would rot defeat or derogate from the purposes of this Easement. / / 4.04 Structures and Improvements A. Allowable Imorovements: Grantor shall only have the right to erect and maintain structures and improvements for recreational uses only on the Protected Parcel as specified below and which are specifically permitted in the applicable zoning district as set forth in the Southold Town Code and permitted by the Easement, provided Grantor has received the prior written consent of the Grantee, specifically the Land Preservation Committee, as same may be required by the Code of the Town of Southold, which may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. Said structures and improvements include: (i) Recreational structures permitted by the Code of the Town of South old; and (iii) (iv) Access drives, and paths to provide access to the improvements and uses permitted herein; and Fences; and Underground facilities normally used in connection with supplying utilities, removing sanitary sewage effluent, and controlling storm ',vater runoff from the improvements permitted hereunder; and Irrigation systems. Maintain existing storage facility located in the Protected Parcel (ii) (v) (vi) . B. Reolacement of imorovements: In the event of damage resulting from casualty loss to an extent rendering repair of an existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted in kind and within the same location subject to the review and written approval of Grantee, specifically the Land Preservation Committee. C. Amicultural Structures: Agricultural structures are prohibited. 4.05 Parcel Documentation: Reports, photographs, maps and scientific documentation possessed (at present or in the future) by the Grantee shall be made available on any reasonable request of the Grantor, his successors and assigns, and which more particularly may include, but are not limited to, the following described items: A. The appropriate survey maps from the United States Geological Survey, showing the property lines and other contiguous or nearby protected areas; B. Map of the area drawn to scale showing all existing man-made improvements or incursions (such as roads, buildings, fences or gravel pits), vegetation and identification of flora and fauna (including, for example, rare species locations, animal breeding and roosting areas, and migration routes), land use history (including present uses and recent past disturbances), and distinct natural features (such as large trees and aquatic areas); C. Aerial photographs of the Protected Parcel at an appropriate scale taken as close as possible to the date of transfer; D. On-site photographs taken at appropriate locations on the Protected Parcel; E. Easement documentation reports including, among other things, an owner acknowledgement of condition, background infonnation, legal information, ecological features infonnation, and land-use and man-made features information. ARTICLE FIVE GRANTOR'S OBLIGATIONS . 5.01 Grantor' Warranty; Grantor warrants and represents to the Grantee that Grantor is the owner of the Protccted Parcel described in Schedule llB", free of any mortgages or liens and possesses the right to grant the development rights to Grantee. . 5.02 Taxes and Assessments: The Grantor, for himself, his successors and assigns, agrees to pay any real estate taxes and other assessments levied by competent authorities on the Protected Parcel and to relieve the Grantee from any duty or r~sponsibility to maintain the Protected Parcel. If the Grantor, his successors or assigns, becomes delinquent in payment of said taxes and assessments, such that a lien against the Protected Parcel occurs, the Grantee, upon twenty (20) days written notice to the Grantor, at its option, shall have the right to pay and/or redeem the Protected Parcel from the tax sale by paying funds to discharge said lien or delinquent taxes or assessments, or to take other actions as may be necessary to protect the Grantee's interest in the Protected Parcel and to assure the continued enforceability of this Conservation Easement and upon such payment of funds to purchase and acquire the Grantor's or his successors' or assigns' interest in said Protected Parcel. This right shall not affect the right of the Grantor, his successors or assigns, to redeem said property from any tax sale in accordance with applicable statutes. / 5.03 Alimal Mowing and Maintenance Requirement In the event Grantor converts the Protected parcel from the public recreation use to agricultural uses and seeks to leave the Protected Parcel open and fallow, then Grantor hereby agrees to mow and maintain the Protected Parcel as necessary in order that said property may be used for recreational activity. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Protected Parcel to perform such mowing and maintenance and any costs associated with said mowing shall be paid by the Grantor. . 5.04 Indemnification: Grantor shall indenmify and hold Grantee han11less from aJ;ly charges or liens imposed upon Grantee arising from the physical maintenance and upkeep of the Protected Parcel or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor' obligations. Grantor shall name Grantee as an additional insured entity for purposes of comprehensive and fire insurance. In the event that Grantor incurs additional insurance costs due to adding the Grantee as an additional insured to its policy, Grantee agrees to reimburse Grantor for said additional costs. Grantee shall name the Protected Parcel on its general liability insurance policy. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Access: The Grantor hereby grants all development rights fonn the Protected Parcel to the Grantee. The Grantor shall retain the right of possession and use of the Protected Parcel. The Grantor shall permit the residents of the Town of Southold public access to the Protected Parcel to utilize and enjoy the public recreational use provided thereon. Public Access and Use shall be by mutually agreed upon Rules and Regulation and as amended by mutual agreehlent. Grantor shall adopt no rOles which limit access to, or which discriminate against Southold Town residents in any way. 6.02 Arncultural Use: Notwithstanding the provisions set forth in Section 6.01, if the Grantor chooses to use the Protected Parcel exclusively for agricultural uses, public use and right to enter the Protected Parcel shall be determined by the Grantor. . 6.03 Entrv and insoection: The right to enter, by authorized representatives of the Grantee, the Protected Parcel twice annually for a two (2) day inspection per site visit upon at least twenty (20) days prior written notice to Grantor at reasonable times mutually agreed upon for the purposes of (i) inspecting the Protected Parcel to determine if the Grantor, his successors and assigns, is complying with the covenants and purposes of this grant; (ii) enforcing the terms of this Conservation Easement; (iii) taking any and all actions with respect to the Protected Parcel as may be necessary or appropriate, pursuant to an order of a court of competent jurisdiction, to remedy or abate violations hereof; (iv) monitoring the condition of the aquifer and its relalion to potable drinking water; (v) observing and studying nature and making scientific and educational observations and studies and taking samples in such a manner as will not dislurb the quiet enjoyment of the Protected Parcel by the Grantor, his successors or assigns; and (vi) any other lawful purpose for which is embodied in this easement. . 6.04 Restoration: Grantee shall have the right to require the Grantor to restore the Protected Parcel to the condition required by this Easement and to enforce this right by any action or proceeding that the Grantee may reasonably deem n~Fessary. However, it is understood and agreed by the parties hereto that the Grantor shall not be liable for any changes to the Protected Parcel resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Protected Parcel resulting from such 'causes. . 6.05 Enforcement Rights of Grantee: Grantee, in a reasonable ll1aIUlCr and at reasonable times, may enforce by proceeding at law or in equity the covenants hereinafter set forth, including but not limited to, the right to require the restoration of the Protected Parcel to the condition at the time of this grant. The Grantee, its successors and assigns, does not waive or forfeit the right to take action as may be necessary to insure compliance with the covenants and purposes of this grant by any prior failure to act. Nothing herein shall be construed to entitle the Grantee to institute any enforcement proceedings against the Grantor for any changes to the Protected Parcel due to causes beyond the Grantor's control, such as changes caused by fire, floods, storms or the unauthorized wrongful acts of third parties, or pursuant to the Declaration of Intent and Limitation. In the event that the Grantee becomes aware of an event or circumstances of non- compliance with the terms and conditions herein set forth, the Grantee shall give notice to the Grantor, his successors and assigns, as set forth herein, of such event or circumstance of non- compliance and request corrective action sufficient to abate such event or circumstance of non- compliance and restore the Protected Parcel to its previous condition. Failure by the Grantee to cause discontinuance, abatement or such other corrective actions as may be requested by the Grantee within ninety (90} days after receipt of such notice shall entitle Grantee, at its election, to: (i) to institute a suit to enjoin or cure such breach, default or violation by temp~rary and/or permanent injunction, (ii) to entcr 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 Protected Parcel affected by such breach, default or violation to the condition that existed prior thereto or on the date hereof, or to such condition as is expressly pernlitted hereby or as may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) to seek or enforce such other legal andlor equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purpose ofthis Easement. / / 6.06 No Waiver: Grantee's exercise of any remedy or relief under this Article Seven shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any: remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. . 6.07 Assessed ValuationlEffect of Condemnation: The Grantee agrees that while the assessed valuation placed upon the Protected Parcel, for the purpose of real estate taxation must, to the extent of the actual reduction of the fair market value of said Protected Parcel by reason of this Grant of Easement, take into account and be limited by the restrictions and limitations imposed on the future use of the Property by this Easement, as required under S247(3) of General Municipal Law, and generally in accordance with valuation principles legally applicable to such assessments of real Property. Nevertheless, if at any time said Property or any portion thereof, shall be taken or condemned by eminent domain, by the Grantee or by any other govenunental body, then the Easement hereby granted shall come to an end and shall tenninate with respect to saild Property, or portions thereof, so taken or conderrmcd and all rights and interest in said Property, or portions thereof, so taken or condemned, as hereby granted, shall revert to Grantor, its successors or assigns, to the effect that as of the time of such taking or condemnation, the Property, or portion thereof, so taken or condemned, shall not be subject to the restrictions and limitations of said Easement. In such event, neither the Grantor nor its successors or assigns shall be required to pay any penalties, but the value of said Property (including for purposes of computation of severance damages, if any, those parts thereof not taken or condemned) shall reflect the limitations of this Easement, and any condemnation awards payable to the Grantor shall he in proportion to the value attributable to the residual agricultural value and 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. Any portion of the condemnation award payable to the Grantee shall be deposited in a Trust and Agency Account of . the Grantee, pursuant to 936 of the General Municipal Law, to be used exclusively for the purpose of acquiring land or interests or rights in land for conservation and open space purposes, including agricultural and recreational uses. / 6.08 Alienation: No Property rights acquired by the Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold with an affirmative two~thirds vote, as provided by Chapter 6 and Chapter 59 of the Code of the Town of Southold. No subsequent amendment of the provisions of said 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. ARTICLE SEVEN PUBLIC ACCESS 7.0 I Public Recreational Use: Grantor and Grantee agree that the Protected Property remain, in perpetuity, accessible to the residents of the Town of South old so long as the Protected Property is used for recreational uses as set forth herein. 7.02 Fee and Operations Schedule: The Grantor shall be permitted to establish a differential fee and operations schedule. Said fee or schedule for recreational services shall favor Town of Southold residents, or at a minimum, shall not favor any non-resident ofthe Town of South old. ARTICLE EIGHT MISCELLANEOUS . 8.01 Entire Understanding: This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 8.02 Subsequent Deeds: The Grantor agrees that the terms, conditions, restrictions and purposes of this Conservation Agreement shall be inserted in any subsequent deed or other legal instrument by which the Grantor divests himself of either the fee simple title or his possessory interest in the Protected Property. 8.03 Amendment: Except a,s provided herein, this Easement can be terminated or modified only in accordance with the cOrrlmon and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. Where such modifications do not alienate any Property rights acquired by Grantee herein, the parties may seek to modify and amend this Easement following a public hearing with due notice and an affirmative resolution of the Town Board, by a majority plus one vote. 8.04 Severability Any provision of this Easement, restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement, which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. . 8.05 Notice All notices required by the Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United States Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope, marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt 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 9.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Town Supervisor and the Land Preservation Coordinator, or to such other address as Grantee may designate by notice in accordance with this Section 9.04. . Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 8.06 Governing Law: New York law applicable to deeds and conservation easements pertaining to land located within New Yark shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. / 8.07 Intemretation: Regardless of any contrary rule of construction, no provision of this Easement shall be c'onstrued in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render the provision i~valid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended hy Grantor. Any rule of strict construction designed to limit the breach of the restrictions 011 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 Grantor. The parties intended that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as othelwise recited herein, be construed at all times and by all parties to effectuate its purposes. 8.08 Warranties: The warranties and representation made by the parties in this Easement shall survive its execution. 8.09 Recording: Grantee shall record this Easement in the land records of the Office of the Clerk of the County of Suffolk, State of New York. " 8.10 Headings: The hearings, title 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 Easement on the day and year set forth above. This contract has been duly executed by the parties hereto. SELLER: CABERON PROPERTIES, INC. BY#~~ -...J N eN N ,sON , PRESIDENT Attorney for Sellers: William C. Goggins, Esq. Address: 13105 Main. Road P.O. Box 65 Mattituck, New York Tel.: 631-298-4200 Fax: 631-298-4214 PURCHASER: TOWN OF SOUTHOLD By: / ~ ~<LL/..<>v/.-t/ SCOTT RUSSELL, SUPERVISOR . Attorney for Purchaser: Mary C. Wilson, Esq. Address: P.O. Box 729 Quogue, New York 11959 Tel.: 631-653-1443 Fax: 631-283-7112 . State of New York ) County of Suffolk ) ss: / -1./ J)<>-v or /I'1J"sf / 2.82'0 On 11/ ~ I. J 7\ before me, the undersigned, persouallyappeared ()ihJ JEfft/ Jj 150Al ,personally known to me or approved 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 and that by his signature on the instrument, the individual or the person upon behalf of wh' e individual acted, executed the instrument. State of New York) County of Suffolk ) ss: ANDREA RIVE Notary Public, State of New York NO, 01 RI4768970 Quallfltd In Sulfolk County ~ '" ClOP\'lP\'lI~.lon expires 11/30120-"-,,, On 01 $( 1'4-/1 0 r frV{5> us. f-, 'laD fa d../ I {/ before me, the undersigned, personally appeared ffC<:rr.,--.4- 'ZfJSSFLJ...- , personally known to me or approved 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 and that by his signature on the instrument, the individual or the person upon behalf of which the indivi,4.ual acted, executed the instrument. . ANDREA RiVE Notary Public, State of New York No. 01 Ri4768970 Qualified in Suffoik County Commission Expires 11/30/20:...Q,k . . Stewart Title Insurance Company Title No: 8T -8-7231 / Schedule A Description (AS TO DISTRlCT 1000, SECTION 109.00, BLOCK 06.00 AND LOT 015.000) ALL that certain plot, piece or parcel of land, lying and being in the Hamlet of Cutchogue, Town of South old, County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at a point in the Northerly line of Cedars Road which point is South 89 degrees 20 minutes 40 seconds East, 250.00 feet from the intersection of the Northerly line of Cedars Road and the Easterly line of Cases Lane, and from said point of beginning; ',. . THENCE the following Two (2) courses and distances along lands now or formerly of Dennison: 1) North 13 degrees 54 minutes 10 seconds West, 200.15 feet; 2) North 51 degrees 59 minutes 30 seconds West, 160.47 feet to the Westerly side of Case's Lane; THENCE along the Westerly side of Case's Lane the following Two (2) courses and distances: 1) North 9 degrees 07 minutes 00 seconds East, 464.15 feet; 2) North 2 degrees 37 minutes 00 seconds West, 176.33 feet; RUNNING THENCE North 69 degrees 31 minutes 30 seconds East, 72.24 feet to lands now or formerly of Case; THENCE along said lands the following Two (2) courses and distances: 1) South 38 degrees 27 minutes 20 seconds East, 204.74 feet; 2) South 68 degrees 12 minutes 40 seconds East, 190.17 feet; RUNNING THENCE South 9 degrees 53 minutes 20 seconds East, 373.95 feet (deed), (South 9 degrees 42 minutes 10 seconds East, 374.00 feet actual); . . THENCE South 77 degrees 53 minutes 30 seconds West 85.97 feet; THENCE South 9 degrees 53 minutes 20 seconds East, 112.72 feet to other lands now or formerly of case; THENCE along said lands South 80 degrees 06 minutes 40 seconds West, 69.85 feet; ,. THENCE still along said last mentioned lands, South 9 degrees 19 minutes 30 seconds East, 198.76 feet (deed), (198.85 feet actual) to the Northerly side of Cedars Road; / THENCE along the Northerly side of Cedars Road the following Two (2) courses and distances: I) South 73 degrees 39 minutes 50 seconds West, 64.54 feet (deed), (63.32 feet actual); 2) North 89 degrees 20 minutes 40 seconds West, 163.54 feet to the to the point or place of BEGINNING. . . . (AS TO DISTRICT 1000, SECTION 109.00, BLOCK 05.00, PART OF LOT 016.001) ALL that certain plot, piece or parcel of land lying, and being in the Hamlet of Cutchogue, Town of South old, County of Suffolk and State of New York and being bounded and described as follows: / BEGINNING at the corner formed by the intersection of the Easterly side of Case's Lane extension and the Southerly side of Pathway distant the following Two (2) courses: I) South 74 degrees 57 minutes 30 seconds East, 100.00 feet; 2) South 89 degrees 20 minutes 40 seconds East, 124.36 feet to the true point of beginning; RUNNING THENCE along the Southerly side of Cedars Road, South 89 degrees 20 minutes 40 seconds East, 359.73 feet (deed), 360.37 feet actual to a monument and lands now or formerly of Schiller; THENCE along said last mentioned lands and lands now or formerly of Ray, South 4 degrees 06 minutes 50 seconds East, 359.46 feet to lands now or formerly of Searl and Wickham and the County of Suffolk; i>, THENCE along said last mentioned lands the following Four (4) courses and distances: . 1) South 52 degrees 41 minutes 40 seconds West, 130.00 feet; 2) South 45 degrees 21 minutes 56 seconds West, 111.12 feet; 3) South 50 degrees 26 minutes 42 seconds West, 125.40 feet; 4) South 62 degrees 40 minutes 20 seconds West 108.97 feet to lands now or formerly of Heffernan; THENCE along said last mentioned land the following Two (2) courses and distances: 1) North 36 degrees 52 minutes 20 seconds West, 96.77 feet; 2) North 55 degrees 07 minutes 20 seconds West, 153.32 feet to the Westerly part oflot 016.001 and the "Reserved Area"; THENCE RUNNING through lot 016.001, North 15 degrees 02 minutes 30 seconds East, 257.92 feet to land now or formerly of Horn; THENCE along said last mentioned land, South 80 degrees 05 minutes 30 seconds East, 45.25 feet; THENCE still along said land and land now or formerly of Hubbert, North 14 degrees . . 21 minutes 00 seconds East, 250.95 feet (deed), (250.85 feet actual) to the Southerly side of Cedars road and the to the point or place of BEGINNING. . I I I \ / / I !~ . . (RESERVED AREA DESCRIPTION:) ALL that certain plot, piece or parcel of land lying, and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a pipe situated at the Southwesterly comer ofthe premises about to be described and from said point of beginning; RUNNING THENCE along the Easterly side of Case's Lane Extension, North 15 degrees 02 minutes 30 seconds East, 260.00 feet (deed) (257.92 feet actual); THENCE South 80 degrees 05 minutes 30 seconds East, 179.75 feet; THENCE through lot 016.001, South 15 degrees 02 minutes 30 seconds West, 257.92 feet to land now or formerly of Heffernan; THENCE along said lands, north 80 degrees 05 minutes 30 seconds West, 179.75 feet to the above mentioned pipe, the Easterly side of Case's Lane Extension and the to the point or place of BEGINNING. .. . ,~" ,! i i I ! " f II ! Ii V . '''', ~'" " ff/''' J......... .1' . j/ , .' I Ii it {, 1 l / ""./ ,.;,},lif-' d/i~ rii" I'^ /' l .. f / I ,I f ,/ TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in thc street in front of and adjoining said premises. . T I T .L E . . p o L I C y . ALTA OWNER'S POLICY - 10-17-92 ." POLICY OF TITLE INSURANCE ISSUED BY ." STE"\VART TITLE@ INSURANCE COMPANY I I \ I t I I I \ SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEOULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE@ Countersigned by: ~. jLi. ~a~ ----- INSURANCE COMPANY . III;A::I) l:v:I)) '(Il,! :11~;li 'r {'A,I! lVi! j;l,! !('~~ l~:I! Ill;! !~,; I;~':i !;:~:;i 'I'J'I I~~'"G\~;~' I:A::.', I:v,! 11,1'j'l" "'N~ 'II ,V" 'I" 'A',~ I. __'_'~'~'~'~' ~\:r~,r, c.;.~e:f.",C;....~....~, ~~~~I~~;'~':~'U'.~-lk ~~'iiis'ii'R' _Jl'\..~........4-t.' (,<,:,'~V-POR~"'y..~ I~"<.J -:;,...('1 i~[~ 1987 oili:1 /~ \.~~ 4-. ~.~fI ( ./ ,\~,.{lY ~Q~."~ L' >~.~ 1 ~ W EXCLUSIONS FROM COVERAGE The lollowing mom,rs ore expressly excluded from the coveroge of this policy ond the Compony will not pay loss or damage, cos~, onorneys' fees or expenses which orise by reason of ---.. 1. (0) Any low, ordinance or governmental regulation (including but not limited to building ond zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occuponcy, use, or enjoyment 01 the land; (ii) the chorader, dimensions or locotion 01 any improvement now or hereafter erected on the land; (iii) a separotion in ownership or [J chonge in the dimensions or area of the land or any parcel of which the lond is or was a port; or {iv} environmental protection, or the effect of any violation of these lows, ordinances or governmentallegulations, except to the extent that a notice of the enforcement thereof Of a notice of a defect, lien Of encumbrance resulting from 0 violation or alleged violation affecting the land has been recarded in the rublicrec ards ot Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice 01 the exercise thereolor a noticeolodelect, lien orenrumbrance resulting from 0 violotion or alleged violation affecting the land has been recorded in the public recards ot Dote 01 Policy. 2. Rights 01 eminent domain unless notice 01 the exercise thereof has been recorded in the public recards at Date 01 Policy, but not excluding hom coverage any taking which has acrurred priarta Date 01 Palicywhich would be binding on the rights ofa purchaser lor value without knowledge. 3. Defects,liens,encumbrances,adverseclaimsorothermotters: (0) created, suffered, assumed or agreed to by the insured c1aimanl; (b) not known to the Company, not recolded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior 10 the date the insured claimant become an insure d under this policy; (c) resulting in no loss or damage to the insured claimant; (d) anaching ar created subsequent to Date 01 Policy; or (e) resulting In loss ar damage which would not have been sustained il the insured claimant had paid value lor the estate ar interest insured by this policy. 4. Any c10im which arises aul 01 the transadian vesting in the Insured the estate or interest insured by this policy, by reason 01 the operation of lederal bonkruptcy, slate insolvency, arsimilarcreditars' rights laws, thotis bosed on (a) the transactIOn creoting the estate ar interest insured bythispolicyb eingdeemedalraudulentconveyanceorlraudulenttransler;or (b) the transaction creating the estate ar interest insured by this policy being deemed a prelerential transler except where the preferential transler resultslramlhelailure: (i) totimelyrecordtheinstrumentoltransler;or (ii) 01 such recordation to impart notice too purchaser lor value or a judgment or lien creditor. . m~~: 0-8831- 369152 NY-001 (10-17-92) . Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 Phone: (631) 501-9615 Fax: (631) 501-9623 Title No: ST-S-7231 / / Date: July 31,2006 Melanie Doroski Town of South old - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Town of South old Premises: 765 Case's Lane Cutchogue, New York . Reference: Approx 13. 7 acres - Cedar Golf Club In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. . . / / . . AL T A OWNER'S POLICY SCHEDULE A Title No.: ST-S-7231 Policy No,: 0-8831- Date of Policy: August 1, 2006 Amount of Insurance: $551,540,00 1. Name ofInsured: County: Suffolk Town of South old 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: The Town of Southhold who acquired Grant of Development Rights Easement by virtue of a deed of conservation easement from Caberon Properties, Inc., by deed dated 8/1/2006 and to be recorded in the Suffolk County Clerk'sIRegister's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 109.00 Block: 05.00 Lot: plo 16.1, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY . . . RightFax 8/10/2006 11:06:17 AM PAGE 004/008 Fax Server Stewart Title Insurance Company Title No: S1'-S-7231 Schedule A Description (AS TO DISTRICT 1000, SECTION 109.00, BLOCK 06.00 AND LOT 015.000) ALL that certain plot, piece or parcel of land, lying and being in the Hamlet of Cutchogue, Town of Southold, County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at a point in the Northerly line of Cedars Road which point is South 89 degrees 20 minutes 40 seconds East, 250.00 feet from the intersection of the Northerly line of Cedars Road and the Easterly line of Cases Lane, and from said point of beginning; THENCE the following Two (2) courses and distances along lands now or formerly of Dennison: 1) North 13 degrees 54 minutes 10 seconds West, 200.15 feet; 2) North 51 degrees 59 minutes 30 seconds West, 160.47 feet to the Westerly side of Case's Lane; THENCE along the Westerly side of Case's Lane the following Two (2) courses and distances: l) North 9 degrees 07 minutes 00 seconds East, 464.15 feet; 2) North 2 degrees 37 minutes 00 seconds West, 176.33 feet; RUNNING THENCE North 69 degrees 31 minutes 30 seconds East, 72.24 feet to lands now or formerly of Case; THENCE along said lands the following Two (2) courses and distances: l) South 38 degrees 27 minutes 20 seconds East, 204.74 feet; 2) South 68 degrees 12 minutes 40 seconds East, 190.l7 feet; RUNNING THENCE South 9 degrees 53 minutes 20 seconds East, 373.95 feet (deed), (South 9 degrees 42 minutes 10 seconds East, 374.00 feet actual); . . . RightFax 8/10/2006 11:06:17 AM PAGE 005/008 Fax Server THENCE South 77 degrees 53 minutes 30 seconds West 85.97 feet; THENCE South 9 degrees 53 minutes 20 seconds East. 112.72 feet to other lands now or formerly of case; THENCE along said lands South 80 degrees 06 minutes 40 seconds West, 69.85 feet; THENCE still along said last mentioned lands, South 9 degrees 19 minutes 30 seconds East, 198.76 feet (deed), (198.85 feet actual) to the Northerly side of Cedars Road; THENCE along the Northerly side of Cedars Road the following Two (2) courses and distances: I) South 73 degrees 39 minutes 50 seconds West, 64.54 feet (deed), (63.32 feet actual); 2) North 89 degrees 20 minutes 40 seconds West, 163.54 feet to the to the point or place of BEGINNING. . . . RightFax 8/10/2006 11:06:17 AM PAGE 006/008 Fax Server (AS TO DISTRICT 1000, SECTION 109.00, BLOCK 05.00, PART OF LOT 016.001) ALL that certain plot, piece or parcel of land lying, and being in the Hamlet of Cutchogue, Town of Southold, County of Suffolk and State of New York and being bounded and described as follows: BEGINNING at the corner formed by the intersection of the Easterly side of Case's Lane extension and the Southerly side of Pathway distant the following Two (2) courses: I) South 74 degrees 57 minutes 30 seconds East, 100.00 feet; 2) South 89 degrees 20 minutes 40 seconds East, 124.36 feet to the true point of beginning; RUNNING mENCE along the Southerly side of Cedars Road, South 89 degrees 20 minutes 40 seconds East, 359.73 feet (deed), 360.37 feet actual to a monument and lands now or formerly of Schiller; THENCE along said last mentioned lands and lands now or formerly of Ray, South 4 degrees 06 minutes 50 seconds East, 359.46 feet to lands now or formerly of Searl and Wickham and the County of Suffolk; THENCE along said last mentioned lands the following Four (4) courses and distances: 1) South 52 degrees 41 minutes 40 seconds West, 130.00 feet; 2) South 45 degrees 21 minutes 56 seconds West, 111.12 feet; 3) South 50 degrees 26 minutes 42 seconds West, 125.40 feet; 4) South 62 degrees 40 minutes 20 seconds West 108.97 feet to lands now or formerly of Heffernan; THENCE along said last mentioned land the following Two (2) courses and distances: I) North 36 degrees 52 minutes 20 seconds West, 96.77 feet; 2) North 55 degrees 07 minutes 20 seconds West, 153.32 feet to the Westerly part oflot 016.001 and the "Reserved Area"; THENCE RUNNING through lot 016.001, North 15 degrees 02 minutes 30 seconds East, 257.92 feet to land now or formerly of Horn; THENCE along said last mentioned land, South 80 degrees 05 minutes 30 seconds East, 45.25 feet; THENCE still along said land and land now or formerly of Hubbert, North 14 degrees . . . RightFax 8/10/2006 11:06:17 AM PAGE 007/008 Fax Server 21 minutes 00 seconds East, 250.95 feet (deed), (250.85 feet actual) to the Southerly side of Cedars road and the to the point or place of BEGINNING. . . . RightFax 8/10/2006 11:06:17 AM PAGE 008/008 Fax Server (RESERVED AREA DESCRIPTION:) ALL that certain plot, piece or parcel of land lying, and being at Cutchogue, Town of Southold, County of Suffolk and State of New York being bounded and described as follows: BEGINNING at a pipe situated at the Southwesterly corner of the premises about to be described and from said point of beginning; RUNNING THENCE along the Easterly side of Case's Lane Extension, North 15 degrees 02 minutes 30 seconds East, 260.00 feet (deed) (257.92 feet actual); THENCE South 80 degrees 05 minutes 30 seconds East, 179.75 feet; THENCE through lot 016.001, South 15 degrees 02 minutes 30 seconds West, 257.92 feet to land now or formerly of Heffernan; THENCE along said lands, north 80 degrees 05 minutes 30 seconds West, 179.75 feet to the above mentioned pipe, the Easterly side of Case's Lane Extension and the to the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. . . . ALTAOWNER'SPOI.tCY SCHEDULE B Title No.: ST -8-7231 Policy No 0-8831- 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: I. Rights oftcnant(s) or person(s) in possession, if any. 2. Subject to water charges, if any. 3. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any. 4. RIPARIAN EXCEPTIONS: A) No title is insured to any land now under the waters of "West Creek and The Ponds". B) Subject to the rights of others to navigate the waters of "West Creek and The Ponds". C) Subject to the riparian rights of others to West Creek and The Ponds". D) Riparian rights of the owner of the subject premises are not insured. E) Rights of the governmental authorities to improve navigation and change bulkhead and shorelines without compensation to upland owners. 5. Policy will except the terms and conditions of the Grant of Development Rights Easement to be ex.ecuted by the grantor(s) and the Town of South old. 6. Together with the Right of Ways set forth in Liber 5673 Page 277 and Liber 6941 Page 115. 7. As to District 1000, Section 109.00, Block 06.000, Lot 015.000:Survey made by Peconic Surveyors dated 12/28/05 shows subject premises as unimproved vacant land; golf course and woods as shown thereon; fence varies up to 10.2 feet East along part of Westerly line; fence varies up to 10.4 feet Northeast of Southwesterly line. Company excepts any changes since the date of the survey used herein. As to District 1000, Section 109.00, Block 06.00, Part of Lot OI6.001:Survey made by Peconic Surveyors dated 12/28/05 in which covers premises and mote shows subject premises improved a building; golf courses, woods, fragmites, ponds, culverts, dock, mean high water, and edge of pavement as shown thereon; asphalt from reserved area projects East of Westerly line; overhead wires traverse along part of Easterly line to utility poles at Easterly part of premises; fence varies along part of Southwesterly line; rebar as shown thereon. Company excepts any changes since the date of the survey used herein. As to Reserved Area: 1 000/109/06.001Westerly part of Lot 016.001 :Survey made by Peconic Surveyors dated 12/28/05 in which covers premises and OJ ore shows su~ject premises improved by a frame building 4613 (2/93 Pagc3 S T E WAR T TIT L E INSURANCE COMPANY . / / . . AI. TA OWNER '8 pooley with garage under, rebar, edge of pavement, asphalt, concrete, woods, and pump house (below grade) as shown thereon; fence varies with Southerly line; row of arborvitaes as shown thereon; Belgium block curbing and asphalt from premises adjacent South varies up to 2.7 feet North along part of Southerly line. Company excepts any changes since the date of the survey used herein.. 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY STEWART TITLE INSURANCE COMPANY . HEREIN CALLED mE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-S-7231 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831- 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and whicb has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. . This endorsement, wben countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on August I, 2006 StrTitle Insurance compan/ Slg~~d~ oJ STEWART TITLE INSURANCE COMPANY .-". {- 'a~/ ecretary ~ " ..... Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville, New York 11747 Agent No.: 327005 . STANDARD NEW YORK ENDORSEMENT (9/l!93) FOR USE WITH ALTA OWNER'S POLICY (10117/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this polky mean: (0) "insured": Ihe insured named in Schedule A, and, subject to any rights or defenses the Compony would hove hod ogoinsl the nomed insured, those who succeed 10 the interest . of the named insured by operation of low os distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporoteorfiduciorysuccessors. (b) "insured claimant": on insured claiming lossordomoge. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which moy be imputed to on insured by reoson of the public records os defined in this policy or onyother records which import constructive notice of matters oHecting th eland. (d) "Iond": the land described or referred to in Schedule A, and improvements oHixed thereto which by low constitute reol property. The term "Iond" does not include ony property beyond the lines of the area described or referred to in Schedule A, nor any righi, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or woterwoys, but nothing herein sholl modi~ or limit the extenl to which 0 right of occess 10 ond ham the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (n "public records": records established under state stotutes ot Dote 01 Policy for the purpose of importing constructive noticeofmottersreloting to real property to purchosers for value and without knowledge. With respect to Section 1 (o)(iv) of the Exclusions From Coverage, "public records" sholl also include environmental protection liens filed in the records of the clerk of the United States disllict court for the district in which the land is locoted. (g) "unmorketobility of the title": on alleged or opporent matter oHecting the title to the land, not excluded or excepted from coverage, which would entitle 0 purchoser of the estote or interest described in Schedule A to be released from the obligation to purchase by virtueofo controctuol condition requiring the delivery ofmorketoble litle. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. Thecoveroge of this policy sholl continue in force os of Dote of Polic yinfovorofon insured only so long os the insured retains on estate or inlerest in th e lond,or holds on indebtedness secured byo purchase money mortgage given byo purchaser from the insured, . or only so long ostheinsuredsholl hove hobilityby reason of covenonts of warranty mode by the insured in onytronsferor conveyance of the estate or interest. This policy sholl not continue in force in favor of any purchaser from the insured of either (i) on estate or interest in the land, or (ii) on indebtedness secured by 0 purchase money mortgage given to the insured. 3. NOTICE OF ClAIM TO BE GIVEN BY INSURED ClAIMANT. The insured sholl noti~theComponyprompllyin writing (i) in cose of any litigation us setforlh in Section 4(0) below, (ii) in cose knowledge sholl come to on insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, os insured, and which might couse loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, os insured, is rejected os unmorketoble. If prompt notice sholl not be given to the Company, then os to the insured 011 liability 01 the Company sholl terminate with regord to the matter or matters for which prom pi notice is required; provided, however, that failure to noti~theComponysholl in no cose prejudice the rights of any insured under this policy unless the Company sholl be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF AGlONS; DUTY OF INSURED ClAIMANT TO COOPERATE. (0) Upon written request by the insured and subject to the options contained in Section b of these Conditions and Stipulations, the Compony, ot its own cost ond without unreosonobledeloy, sholl provide for Ihe defense of on insured in litigotion in which any third portyosserts 0 claim odverse to Ihetitle or interest os insured, but only os to those stated cousesoloctionolleging 0 defect, lien or encumbrance or olher matter insured against by this policy. The Company sholl hove Ihe right to select counsel of its own choice (subiectto the right of the insured to object for reasonable couse) to represent the in suredastothosestated couses of action and sholl not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those couses of oct ion which allege matters not insured ogoinstbyth is policy. . (b) The Company shnll hove the right, at its own cost, to institute and prosecute any octian or proceeding or to do any other oct which in its opinIOn maybe necessoryor desiroble toestoblishthetitlelatheestatearlOleresl,aslOsured,ortoprevenlorreducelassor damage to the insured. lhe Company may toke any oppropriole octian under the terms of this policy, whelher or nol it sholl be liable hereunder, and sholl not thereby concede liability . or waive any proVISIOn of this pohcy If the Company sholl exercise il rights under this poragroph,itshnlldnsodllrgently. (c) Whenever the Compony sholl hove brought on oction or interposed 0 defense os required or permitted by the provisions of this policy, the Com pony moy pursue ony litigotion to finol determinotion byo court of competent jurisdiction ond expressly reserves the right, in its sole discretion, tooppeolhomonyodversejudgmentororder. (d) In 011 coses where this policy permits or requires the Company to prosecute or provide for the defense of ony oction or proceeding, the insured sholl secure to the Compony the right to so prosecute or provide defense in the oction or proceeding, ondolloppeols therein, ond permit the Compony to use, ot its option, the nome of the insured for this purpose. Whenever requested by the Company, the insured,ottheCompony'sexpense,sholl give the Compony 011 reosonoble oid (i) in ony action or proceeding, securing evidence, obtainiog witnesses, prosecuting or defending the oction or proceeding, or eHerting settlement, ood (ii) in ony other lowful oct which in the opinion of the Compony moy be necessoryordesiroble toestoblish the title to the estote orinteres tosinsured.lfthe Compony is prejudiced by the foilure of the insured to furnish the required cooperotion, the Company's obligations to the insured under the policy sholl terminate, including any liobility or obligotion to defend, prosecute, or continue ony litigation, with regord to the matter or motters requiring such cooperotion. 5 PROOF OF LOSS OR DAMAGE. In oddition to ond ofier the notices required under Section 3 of these Conditions ond Stipulotions hove been provided the Compo ny, 0 proof of loss or domoge signed and sworn to by the insured c1oimont sholl be furnished to the Compony within 90 doys ofter Ihe insured claimant sholl oscertoin the facts giving rise to the loss or domoge. The proof of loss or domoge sholl describe the defect in, or lien or encumbronce on the title, or other motter insured ogoinst by this policy which constitutes the basis of loss or domoge and sholl state, to the extent possible, the bosis of colculoting the omount of the loss or domoge. If the Componyis prejudiced by the foilure of the insured claimant to provide the required proof of loss or domoge, the Company's obligotions to the insured under the policy sholl terminote, including any Iiobility or obligotion to defend, prosecute, or continue any litigotion, with regord to the motteror motters requiring such proof of loss or damage. In oddition, the insured c1oimont moy reasonably be required to submit to exominotion under ooth by ony authorized representative of th, Compony ond sholl produce for exominotion, inspection ond copying, ot such reasonable times and places os moy be designoted by ony outhorized representative of the Compony, 011 records, books, ledgers, checks, correspondence ond memo rondo, whether beoring 0 dote before or ofter Dote of Policy, which reasonobly pertoin to the loss or domoge. Further, if requested by ony outhorized representotive of the Compo ny, the insured c1oimont sholl gront i~ permission, in writing, for ony oulhorized representotive of the Company to examine, inspect and copy 011 records, books, ledgers,checks,correspondenceond memo rondo in the custody or control ofo third porty, which reasonobly pertain to the loss or domage. All informotion designoted os confidential by the insured c1oimont provided to the Compony pursuoot to this Sedion sholl not be disclosed to others unless, in the reosonoble judgment of the Compony, it is necessory in the odministrotion of the c1oim. Foilure of the insured c1oimont to submit for exominotion under ooth, produce other reosonobly requested informotion or gront permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate ony liobilityofthe Company under Ihis policy os to that c10 im. b OPTIONS TO PAY OR OTHERWISE SIDLE ClAIMS; TERMINATION OF LIABILITY. In cose of 0 c10im under this policy, the Compony sholl hove the following odditionol options: (0) To Poy or Tender Poyment olthe Amount of Insuronee. To payor tender payment of the amount of insuronce under this policy tog ether with any costs, ottorneys' fees and expenses incurred by the insured c1oimont, which were outhorized by the Compo ny, up to the time of poyment or tender of payment ond which the Com pony is obligotedtopoy. Upon the exercise by the Compony of this option, ollliobility ond obligotions to the insured under this policy, other thon to make the poyment required, shollterminote, iocludingonyliobilityorobligotiontodefend,prosecute,orcontinueony Iitigotioo,ond the policy sholl be surrendered to the Componyfor concellotion (b) To Poy or Otherwise Settle With Porties Other thon the Insured or With the InsuredCloimont. (i) to poyor otherwise settle with other porties lor or in the nome of on iosured c1oimont ony c10im insured ogoinst under this policy, together with ony costs, ottorneys' fees ond expenses incurred by the insured claimant which were authorized by Ihe Company up to the time olpoyment ond which the Compony rs obligoted to poy; or (ii) to payor otherwise settle with the insured c1oimont the loss or domoge :,.1~ded for under this policy, together with any costs, attorneys' fees ond expenses incurred by the insured c1oimont which were outhorized by the Compony up to the time of poyment ondwhrchlheComponyisobligotedtopoy {continued and conr.hu1p.o on 1~$:1 ntlOf! of this; onlir.v\ CONDITIONS AND STIPULATIONS Continued (continued and concluded from reverse side of Policy Face) / Upon the exercise by the Company of either of the options provided for in porogrophl (b)(i) or (ii), the ComponY'1 obligations to the inlured under thil policy for t\le doimed 10ls or . damage, other than the payments required to be mode, sholl terminate, induding any liability or obligation to defend, prolecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. . Thil policy is 0 controd of indemnity ogoinlt oduol monetory lOll or damage sustained or incurred by the inlured doimont who hOI luffered losl or damage by reolon of moliers inlured ogoin~bythil policy and only to the extent herein described. (0) The liability of the Company under thil policy sholl not exceed the lealt of: (i) the Amount of Insuronce Itoted in Schedule A; or, (ii) the difference between the value of the inlured estate or interest os insured and the value of the inlured estate or interelt subject 10 the defect, lien or encumbronce insured ogoinll by this policy. (b) In the event the Amount of Inluronce stated in Schedule A 01 the Dote of Policy il leIs than 80 percent of the value of the inlured estate or interest or Ihe full consideration paid for the estate or interest, whichever il lesl, or if lubsequent to the Dote of Policy on improvemenl ilerected on the land which increoseslhe value of the insu redestoteorinlerest by ollealt 20 percent over the Amount of Insuronce Itoted in Schedule A, then Ihis Policy is lubiedtothefollowing: (i) where no subsequent improvement has been mode, os to any portiol loss, the Company Iholl only pay the losl pro rota in the proportion that the amount of insuronce 01 Dote of Policy beorsto the total value of the insured estole or interest at Dote of Policy; or (ii) where 0 subsequent improvement has been mode, os to any portiollols, Ihe Company sholl only pay the lOll pro rota in the proportion that 120 percent of the Amounl of Inluronce staled in Schedule A beors to the lum 01 the Amount of Inluronce staled in ScheduleAondtheomountexpendedfortheimprovemenl. The provisionl of thil porogroph Iholl not apply to costs, oliorneys' feel and expenses for which the Company is liable under this policy, and Iholl only apply to that portion of any loss which exceedl, in the aggregate, 10 percent of the Amount of Inluronce stated in Schedule A. (c) The Company will pay only those COlts, oliorneY'1 fees and expenses incurred in occordoncewith Section 4 of these Conditions and Stipulolionl. 8. APPORTIONMENT. . If the land described in Schedule A consists 01 two or more porcels which ore not used os o lingle site, and 0 10lsis estoblilhed affecting one or more 01 the porcel I but not 011, thelols Iholl be computed and seliled on 0 pro rota bOlis 01 if the omounl 01 inluronce under this policy was divided pro rota os to the value on Dote of Policy of each seporote porcel to the whole, exdusive of any improvements mode subsequent to Dote of Policy, unless 0 liability or value has othelWise been agreed upon os to each porcel by the Company and the insured at the time of the issuance of thil policy and shown by on expresl statement or by on endorsementolioched to this policy. 9. LIMITATION OF LIABILITY. (0) If the Company establishes the title, or removes the alleged defect, lien or encumbronce, or cures the lockofo rightofoccesl to or from the land, or curel the doim of unmorketobility of title, 011 01 inlured, in 0 reasonably diligent manner by any method, induding litigation and the completion of any appeals therefrom, it sholl hove fully performed its obligotionl with relpect to that molier and sholl not be liable for any losl or damage cousedthereby. (b) In the event of any litigation, induding litigation by the Company or with the Componys consent, the Company Iholl hove no liability for losl or damage until there hOI been 0 final determination by 0 court of competent jurisdiction, and dilposition of 011 appeals therefrom,odversetothetitleosinlured. (c) The Company sholl not be liable for 10ls or damage to any inlured for liability voluntorify oSlumed by the insured in seliling any doim or luil without the prior wrilien consent of the Company. f o. REDUmON OF INSURANCE; REDUmON OR TERMINATION OF LIABILITY. All payments under Ihis policy, except payments mode for COltl, oliorneys' fees and expenses,lhollreducelheomountoftheinluronceprotonlo. fl. LIABILITY NONCUMUlATIVE. It is expreslly understood that the amount of insuronce underthispolic ysholl be reduced by any amount the Company may pay under any policy insuring 0 mortgage to which . exception il token in Schedule B or to which the insured has agreed, olsumed, or token lubject, or which is hereafter executed by on insured and which is 0 chorge or lien on the estate or interelt described or referred to in Schedule A, and the amount so paid Iholl be deemed 0 payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (0) No payment Iholl be mode without producing Ihis policy lor endorsement 01 the payment unless the policy has been lost or destroyed, in which case proof of loss or destrudionlholl befurnilhed to the sotisfoction of the Company. (b) When liability and the extent of losl or damage has been definilely fixed in o((ordance with these Conditionl and Stipulations, the lOll or damage sholl be payable within 30 days thereafter. 13 SUBROGATION UPON PAYMENT OR SffiLEMENT. (0) The Componys Right of Subrogation. Whenever the Company Iholl hove settled and paid 0 doim under this policy, 011 right of lubrogotion sholl vest in the Company unoffeded byonyodoflhe insure ddoimonl. The Company sholl be subrogated to and be entitled to 011 rights and remedies which the insured doimont would hove hod against any person or property in relped to the doim hod this policy nol been illued. If requested by the Company, the inlured doimont sholl tronsfer to the Company 011 rights and remedies against any perlon or property necessary in order to perfect this right of lubrogotion. The insured doimont sholl permit the Company to lue, compromise or selile in the nome of the insured doimont and to use the nome of the inlured cloimonlin onytronsoction or litigation involving these rights or rem edies. If 0 payment on o((ount of 0 claim does not fully cover the 10ls of the inlured doimont, the Company sholl be subrogated to these rights and remedies in the proportion which the Company's payment beors to the whole amount of the losl. If loss should result from any oct of the insured doimonl, 01 stated above, thotoctlholl notvoidthilpolicy, but the Company, in that event, sholl be r"luired to pay only that port of any losses insured against by thil policy which sholl exceed the amount, if any, lost 10 the Company by reolon of the impairment by the inlured doimont of the Company's right of subrogation. (b) The ComponYI Rights Against Non-insured Obligors. The ComponY'1 right of subrogation against non-insured obligors Iholl exi~ and sholl indude, wilhout limitation, the rights of the inlured to indemnities, guoronties, other policies of insuronce or bonds, notwithstanding any terms or conditions contained in those instrumentlwhich provide for subrogation rights by reason of this po licy. 14. ARBITRATION Unless prohibited by opplicoble low, either the Company or the inlured may demand orbitrotion purluont to the Tille Inluronce Arbitrotion Rules of the Americon Arbitrotion Alsociation. Arbitroble molierl may include, but ore nollimited to, any controversy or claim between the Company and the insured orising out of or relating to this policy, any service of the Company in connection with its ilsuonce or the breoch of 0 policy provilion or other obligation. All orbitroble moliers, when the Amount of Insuronce is Sf ,000,000 or lesl sholl be orbitroted 01 the option of either the Company or the insured. All orbitroble matters when the Amaunt of Inluronce is in excess of Sl,OOO,OOO sholl be orbitroted only when agreed to by both the Company and the inlured. Arbitrotion purluont to this policy and under the Rules in effect on the dote the demand fororbitrotion il mode or, at Ihe oplion of the insured, the Rules in effect at Dote of Policy sholl be binding upon the parties. Theoword may include oliorneys' fees only if the lows of the state in which the land il locoted permit 0 court 10 oword attorneys' fees to 0 prevailing porty. Judgment upon the oword rendered by the Arbitrotor(s) may be entered in any court having jurisdiction thereaf. The low 01 the situs of the land Iholl apply to on orbitrotion under the Title Inluronce Arbitrolion Rules. A copy of the Rules may be obtained from the Campony upon request. 1 S. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRAG. (0) Thil policy together with 011 endorsements, if any, olioched hereto by the Company il the entire policy and controct between the insured and the Company. In interpreting any provilion ofthil policy, thil policy sholl be construed 010 whole. (b) Any claim of 10ls or damage, whether or not based on negligence, and which orises outoftheltotusofthetitletotheestoteorinlerestcoveredherebyorbyonyodionosserting such claim, sholl be restricted to Ihis policy. (c) No amendment of or endorsement to this policy con be mode except by 0 writing endorsed herean or olioched hereto ligned by either the Prelident, 0 Vice Prelident, the Secretory, on Assiltont Secretory, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provilion of the policy il held invalid or unenforceable under opplicoble low, the policy sholl be deemed nol to include that provilion and 011 other provisions sholl remain in full force and effect. 17. NOTICES, WHERE SENT. All noticel required to be given the Company and any statement in writ ingrequiredtobe furnished the ComponYlholl include the number of this policy and sholl be addressed tolhe Company at 300 East 42nd Street, New York, New York 10017. STEWART TITLE@ INSVH.ANCF. COMPANY " " STEWART TITLE@ INSURANCE COMPANY POLICY OF TnLE INSURANCE STEWART TITLE@ , . INSURANCE COMPANY 300 East 42nd Street New York, New York 10017 ", STEWART TITLE@ INSURANCE COMPANY POLICY OF TITLE INSURANCE STEWART TITLE@ " INSURANCE COMPANY 300 East 42nd Street New York, New York 10017 -- -- ....... -- - -+- --- \, STEWART TITLE@ INStJRANCE COMPANY POLICY OF TITLE INSURANCE , STEWART TITLE@ INSVRANCE COMPANY 300 East 42nd Street New York, New York 10017 . 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 Aureau of Real Property, 5th Floor Wf>25 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 . FAX: (518) 402-9028 Website: www.dec.state.ny.us ~ ~ ,.." April 6, 2007 .~_.--- '--"'--'~-- i?,~.:" f.r..':?) r.e' n ~V! r~-:I -"r;~l - , ,,~-,:l U \'} ;_l~, ; ('\ \ I . .- .-...--....- i' ! I Iii 1,1" ~ I I I APR - 9 2007 " ~~! Melissa Spiro Department of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 ~~'-'~GE~~T~" 0 F iJ\'N 0 ~- __;:~~~~~~"\~,i0.:'i.._._ "~~_'___". Dear Ms. Spiro: We have received and filed in our office the following conservation easements: . CE: Suffolk 441 Grantor: Caberon Properties, Inc. Libel': D12465 Page: 493 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 mueh appreciated. Very tmly yours, ;Z;!td4,& Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property TAR:gm . . . . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold. New York Telephone (631) 765-57II Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTH OLD April 2, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5"' Floor Albany,}fY 12233-4256 Attention: Tim Reynolds Conservation Easements Registry CABERON PROPERTIES. INC. to TOWN OF SOUTHOLD Re: Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Conservation Easement on property located within the Town of Southold to be registered with the New York State Department of Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LlBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Caberon Properties, Inc. Town of Southold August 21, 2006 DOOOl2465 493 765 Case's La & 450 Cedars Rd, Cutchogue 12.6628 acres 1000-109.00-05.00-016.002 aud 1000-109.00-06.00-015.000 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: Cedars Golf Club . P.O. Box 945, Cutchogue. NY 11935 w/o enc. S T E W A R D S H I P . CABERON PROPERTIES, INC. (Cedars Golf Club) to TOWN OF SOUTHOlD 12.6628 acres development rights easement SCTM #1000-109-5-p/o 16.1 (765 Case's lane, Cutchogue) and SCTM #1000-109-6-15 (450 Cedars Road, Cutchogue) Closing held on Tuesday, August 1,2006 land Preservation Department from left to rillht: John Dennison Supervisor Scott Russell Geoff Penny George Penny Don Bergen Eileen Bergen Talbot . -.:E:"- '-~--_. t~.;r 1:::="'= :~~~: -'---.:;;;; .. "'" Q.- .; ~, .. p... .. ......;.... '/<'. ..........~... ". .f" .............\'t..; .~.q:j- . . . . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold,ny.us MAILING ADDRESS: P.O. Box 1179 SouthoId. NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs A venue) SouthoId, New Yark Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTH OLD To: Supervisor Russell Town Board Town Clerk land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic land Trust, Inc. The Nature Conservancy From: Melissa Spiro, land Preservation Coordinator Date: August 1, 2006 Re: CABERON PROPERTIES. INC. to TOWN OF SOUTHOlD SCTM #1 000-1 09-5-p/o 16.1 and #1000-109-6-15 Development Rights Easement Please be advised that the Town has acquired a development rights easement on the properties listed below. If you would like additional information regarding the purchase, please feel free to contact me. lOCATION: 765 Case's Lane & 450 Cedars Road, Cutchogue PROPERTY OWNER: Caberon Properties, Inc. PURCHASE DATE: Tuesday, August 1,2006 PURCHASE PRICE: $551.540.00 (based on 11.99 acres @ $46,OOO/buildable acre) TOTAL PARCEL ACREAGE: 13.7228 acres (rnade up of two tax map parcels referenced above) EASEMENT ACREAGE: 12.6628 acres RESERVED AREA: 1.06 acres around existing clubhouse FUNDING: CPF 2% Land Bank MISCEllANEOUS: There is a nine-hole public golf course located on the property known as Cedars Golf Ciub. The development rights easement allows the existing use as a public golf course to continue, or a change of use to a different type of public recreational use, or for the property to be used for agricultural purposes. A 1.06 acre area around the club house has been reserved from the easement. The property is listed in the Town's Community Preservation Project Plan. ~~O~~~~~ ~~UO~~CIJ . . . wrwt,._"~"''''ll'jl&:_''')lr.''''''llt'l_''.'I'''_'II.Ul.Ut......r.''"I_'Il'~. .::<:~ File View T oolbar Help , , '17"41 ;JgEb I~ ~ ~ -~~:'-^-;::~-'---'----- .--'--.-=- 'm"~ . A 5t .. 1"0130>: Pt)I: " Sa.le Book 945 . Culchogue.~Y Zip: 11935. :Total: 0 Page Sale Oat,,' Sale Plice Owner E",emplion Gdde o Amount Culchogue F[ Culch.New S. ,TotqJ: 4 , Units .oil .00 Pet Type .00 .00 . Prints the sc"reen J . 5tarll f;Sj Inbox . Microsoft 0... I 521 year end summary -... I ill Microsoft Outlook Ii\[J cedars reso to set p,;, I ..) land ~ . . . . mTK'~"J<tk~~~;':,{ .> Prints ihe--- - - " -'l 'Start I ~ Inbox - Microsoft 0.., I ~ year end summary -.., I III Mlcro'oft Outlook jiJ ceda" reso to set p.., I ...J land pre -.~#'t;;t?~' ," _"'7.;:Z.7~~-"""C''4'"";'''''-''''-'''''~1~__'>;O''''?"'.~,.~;~.,.+.-.,.; .~.~ _"'""''''~;2",,,,,,,_=,,,,,,;,,.....~6'''''''~.-'''';~'~'c;.i'~'---''~'~---''';',...,---= . .0...__. .... ).1- /0 /60 0 ~ /0 '7 _ s- 1 ~d TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET '60 VILLAGE DIST. SUB. LOT clq v-la. E ; Scl-1tllev-K'a W. l~aJ'" ~abe~o"l PH FORMER OWNER( . ~ ACR. <o.<,AO TYPE OF BUILDING ..' ,<. (!Lu ~ V~ ~W\~kk41l1 -S6u:ft;'e~" MISe. Mkt. Value GIT /:F CI'ICI'rIe. . , /I, Cd J-e. ..rf; ~ES. 552- SEAS. VL. LAND AGE NEW FARM Tillable 1 Tillable 2 fillable 3 Naodland ,wampland 3rushland - " ;ouse Plot -- rota! IMP. NORMAL Acre ~3 ;? 'T2. COM . CB. FARM TOTAL DATE BUILDING CONDITION /;L/ t"-~ ",,-' /v,." CJ BELOW ABOVE t:.a I 't".;( I'" (':' ,"^' ;::'-' Value Per Acre Value S 11 () 2.$0 Cj tJ6 5<13 \300 FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH "y # 1 ~ C; ::'7;- :Jse- ; /3/J 0 .\ I. CJ~d G __ ~ BULKHEAD -2.r 93 DOCK . . . : , I SOLOR , . , IEp""u ."JI ,- -, -I 1 I I i , ! TRIM r - I , 1 ' ,,~ ~ I IWA'~A!I I J , I " . , -. , (, 0 + , i ~, " ." --- ------ --' M. Bldg. IF~ndatian c: Bath i J Dinette Be Extension '2(/,/ '30 7). 0 7-r 198'/J ~asement ~ L Floors p I~! /- K. !'it;'!'" :A Tv L- Extension \( y ") " r P..1Jj :v~V J rC:'t) Ext. Walls Interior Finish ;Dr'1:',,': .;. '? LR. Z 7,>{) t-V" 01) )/r-'\/G t-L/ /,/J ": ,;l;-;' Extension Fire Place 1'/6 Heat 11/' , DR. \ - r ype Roof GHI/;t Roams 1st Floor - ! BR. Porch ~ecreation Room Roams 2nd Floor FIN. B. I - Porch parmer Breezeway Driveway Garage - Patio O. B. ~ . I - - ??~(} / I Total , .~~."- ""'~='",~""~~=~"c",=~~,~==-=-===-""",,,,",.'~=_-.-,,..-..,.,.,,,,='.'_.c /000 - /0 '1- (, -/J OWNER . TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET b5 VILLAGE DIST. . SUB. . ;1;1- Y LOT r e I/c C 4. H. .ESt. c.~ .r e S Ced0 y'5 f....OCilC) Cd-Ie - N.~.6w, {? V r,- tt (J.J 1/ e E c~ se '% [) e.J'C 'ri /; e d. ACR. 6,97 TYPE OF BUILDING C.d.b-€V"1>1l P.....o -e~+/~.r.I.e Ca..re'J Lo"e... FORMER OWNER N W <i Je J J.,.. ~ ~ - /2/iC.. J(! RES. .,,;5 /1 SEAS. VL. q I FARM COMM. CB. MICS. Mkt. Value . . /,...,. A . ... . . .~ 77 '17/ J) .....pIe. f .... r LAND IMP. TOTAL DATE REMARKS.0:2:f 5~1/~, Odd I F.1f, C"-l.e [::.1, To C...)e,,",^ f',-,/',J;;, J../tJ{1 LltJlJ j JJyj7:>_ " . Tillable C, 9 7 ) 'f :ltJ() .l()9.~.fY FRONTAGE ON WATER . FRONTAGE ON ROAD Woodland Meadowland DEPTH House Plot BULKHEAD Totol ..,. -.- _.'-~ . A E R I A L S . . . . . . . . . s u. R V E Y . . . A E R I A L M A P . .