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Home My WebLink AboutPfeifle, Richard P & Carlin A 1000-97 -4-19.2 (f/kla 1000-97-4-p/o 19) Baseline Documentation Premises: 825 Leslie Road Cutchogue, New York 9.7941 acres Development Rights Easement RICHARD P. PFEIFLE and CARLIN A. PFEIFLE to TOWN OF SOUTHOLD Easement dated October 12, 2007 Recorded November 20, 2007 Suffolk County Clerk - Liber 000012531, Page 025 . SCTM #: 1000-97-4-19.2 (f/k/a lOOO-97-4-p/o 19) Premises: 825 Leslie Road Hamlet: Cutchogue Purchase Price: $763,939.80 (9.7941 buildable acres @ $78,OOO/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes . Total Parcel Acreage: 11.6307 acres Development Rights: 9.7941 easement acres Reserved Area: 1.8366 acres Zoned: A-C Existing Improvements: In July 2007- Planted vineyard within easement area . . DESCRIPTION LAND The property has a generally rectangular shape with a southerly border of 402:1:' along the northerly side of Leslie Road, an irregular westerly border of 967:1:', a northerly border of 481 :1:', and a easterly border of 956:1:', for a total area of 11.655:t acres. The subject is a 9.815:1:acre portion of the described overall property. The land is mostly cleared and has a generally level topography. The land is currently a vineyard planted in grapes and utilized for agricultural purposes. There is a 12' wide right of way easement located on the southwesterly corner of the property allowing access to S.C.T.M. # 1000-97-4-18. . The above dimensions are taken from the Suffolk County Tax Map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage on Leslie Road. Leslie Road is two-way, two-lane, publicly maintained, macadam paved road. Public water is not available in this area. Water supply is generally provided via on site wells. The subject is not situated in a flood zone. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland in use as a vineyard. . ~GIVENO . P R o P E R T Y . V I S U A L S . I SUB.JECT PHOTOGRAPHS .. . . I "'" I - I .~-. '~~'~'-\ ....:..,~ . , I I I I VIEW OF SUBJECT FROM LESLIE ROAD ,. I I 'f ~~'" ~. I , ~~* -"'""" . I -----:;--. I I ~ ADDITIONAL VIEW FROM LESLIE ROAD ~GIVEN 711 I ~ s ~ 0 C I A f E S I Ie I I I I I I I ,. I I I I I I ~ I SUBJECT PHOTOGRAPHS STREET SCENE FACING WEST ALONG LESLIE ROAD STREET SCENE FACING EAST ALONG LESLIE ROAD ~GIVEN 7~ ~ S S 0 C ! ~ T E S I I , 9.2,1,(<:1 I I "' ,,, ~ -N I I , 11.8 2.4A " 11.9 0 2.0,1, 18.9 " J.4A 18.8 , J.JA , . IB.7 J.JA , " 17.4,1, I I . g I 2Q,1 3.2~ - . I I I I I ( Tax Map Locdon J I 76 I I I I I I I I I I I I I I I I . [Zoning Map) 77 ~z>~~oz~~z~<~ oo~~~<~~ . . . . Phase I Environmental Site Assessment Pfeifle Vineyards 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 overall property is comprised of approximately 11.6 acres of farm land. The subject property is located on the north side of Leslie Lane, approximately 820 feet east of Bay Avenue. The physical address of the property is 825 Leslie Road and the site location is more particularly described as Suffolk County Tax Map # 1000-97-04-p/oI9. . The subject property consists of a farmland planted with rows of grape vines. The planted area has drip irrigation which is supplied with water from a well located outside of the property which is the subject of this Phase I ESA. The areas of the property that were not planted with grapes consisted of mowed turf. No staining, stressed vegetation or structures were noted on the property. No Sanborn map coverage was available for the area of the subject property. Aerial photographs from 1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior uses that occupied the subject property. The subject property appeared as farmland in all of the aerial photographs. An extensive government records search found no potential sources of environmental degradation on or in the area of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. . - --- - - - - - - tt View north from suhjcct property View of planted rows .,.- - - - - - - , - Typical view of grape vines r View cast to adjacent farm property - -". - - - - - - l I View north from suhject properly -.- - - - - - - , - View south along eastern property boundary I -. I I I I I I I , I I I I I I ~ FIGURE I LOCATION MAP '<1<-0. 'S'. ~tb <0,;. ~" J~ "'v q Ii ; , ~ ~, ~ \.-lIldlrllJll~ \ <} ~. " .'~!-("l' YJ.$.,.... '<.l...r, 'ot> /JiO'l'>:s C" -"'" $,> ~,yb /' ~~ "/1' ....'/') "...... ~. 1,\- '~1: " l}~. '(I '-.S'&mtS.".. .....:.;u~ = = \f: ~ .;, " J' '<- (,,<S- 155'" .~ .'!\ l ~9 ". <ko/ ",. ~'\~'? r;,.... '.\o<Q- 'II-f.' ,,~ ..,c~~ Sourn~. 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Source: NYSGIS Orthuimagcrv Prour.lm 2004 Scale: I" ~ 2()()' . b ' SORflt + (lfl'iOl' \'inl',"ards. ("ulchoJ:Ul' "haw' ES,\ FIGURE 3 LAND USE MAP ! Source NYS"IS . . \.J (lrthollllagcry Program }nn. I"=ROO' ._<AM ~()RIIl + I -. I I I I I I I It I I I I I I ~ FIGURE 4 ZONING MAP LB R-BD I)feine \'in('~'anl\. CutrhoJ:ur Ph... I ESA :.-"'" "- AC ~\., -'--- ~ ~.. - .,- ~ 1" """-- .....~ -". '., "iot " . ~ .t." 40'-~'+::'~' - '. '.' .. ::::=:.--::::;.:: -:... ft'"'tooo:. -- It _ ~~'---.J-~- !----~ ~ =::-...... --..' :1.. ~t:::2: ~~. - -:'::'--~'"I" ..p..--=;;' ". - :..~-:;;-- "'--r-1-S;::::::, !.- ---=--==, - -: ,~ ;:;,?" ./.... _,-I.f';;;--~_ ~.-,-=- ---......-7"-_. ~<:..~- . y==- --I -- . __.~J .:.~;~:#"-.~.. ~'.~~ .' _.--L. --L..... ., .....,~;. -:-:.--=::: ~-~~~.~ --.. ...,.... 1--_' '" ~~ " " '. ......... ~:--;:: '9 ./' '\ . . Snun:c: SC<llco: TO\\l1 of SOlllhold Zoning \-tap I" !.3IXI' P&W ::::: . -4:t~~ " .~ -~ ::-,J '[:-' -,. ~ "-.~-. .=-.. '-: I r-..~- --.';_ -. - .' . . R4o' -. R'-80 -. ~'.~;r --::: .... '-. ~-::'; ....-.:- - ':::::--::;'-- ,-. Zone ..Q.escription - - Agricultural Con_serva~~~ Residential low Density AA Residentlallo.w .Qens~ty ~ Residential low Density ~ Residential Low DensIty g Residential low Density 0 Haml~_L Density F3..esidential AffordabJ~Housing Oistri~ Resort/Residential Residential/Office Hamlet Business Limited Business ~- General BUSiness AC R-40 R.BO R-120 R-200 R-400 HD AHD RR RO He LB B MI Mil L10 LI ~lCi{,i.~ I Manne II light IndustriaUOfflce Park. llsht Industri21 I -. FIGURE 5 I I I I I I I I' I I I I I I ~ Source. Sulli,l. County Soil Suney \.p&';'k 1" = X(Kl' 19O"IP.:F".o; ~".. ~~. 1:...,;. ,~.~ . 1-[riO,,' \'in('~,'urd\. CUlrhoJ,:ur Ph..< I ESA SOILS MAP i ,/P I' HaA 3- PIA HaS HaA HaA HaA ,,/ HaA PIA~ <. I '\ cpc"ll SORIII + I II I 1" , .,.- ....! I /' J ~\.// / _.J" I I f; (j' " . f f . f I ~7' '/' / . '. .' \' ':,.." /'. . \.. , I .,' · ': '~\'..j , '... . .. ::::, ~ / r 1m I (- · ". . b-'.; st" ,:, ;(-,:.; ~ ~ C~;h{)gu~\~',\'~ , ) '../ . '" / r - ,) ':', I , r)'. I \ ~~~:'l "-'" -f' 'Y~ '. ' J \ .. . ,,-- . ~. \ , ' " 1 I (" -' .1" -', .y' } I ~ I V (/0 '0}\" -)1-' , \, \ \\\ . .- ,," .. ;~/. "O)} ., .... (... ..".~/' , '_..:. . +, . .~. .' /;' f +_../ " .. " , .)'(, ( , - . 'R'9(-J\<" ~)J ';~. ~r "< ' I . ;;.~:/ \,. \', ...;-<:, ,~. , ., -,..... ..,,,)) ~', I....... ")'c:-' . ,I (.... h ':'\r~: 2~ \ <, .~, 1. ,~, ,,'\\" ......... )'\ ~,{\,,;, .--J) '\\ r- \",1 . \ ',: \: \ f. '.....\. ,\ \.' \ /, I ;( r ~', 1:1) t.~,~.~ \>....) I /l " ., ",' IF I " . I ~~v c!.. .." .. ".\ j . "-'....... ,I... \ "., f' ~ ~ / ',;i. (' "/;~f 'f'~' f/'" ': ,'., \t,::~:'~~\ : 0--1 J 7. i ': j ,~ :,:,: '. \ A , \ ~ n: '.; ~.. .. \ I \ . 1\, ). '" - '1"\ )'J..1. 'pi '. ..' ... J'.: · ~ - --:\,... .~ I - , ....}. \'N O(,\.' ~ . ,. -= ,.', .' . - "1''':' . ',:\ ". ....:; . . :".1 as::;au '.:,,}-~---;' .~ ,/" J~ 'II t...:... I ':. ..~. SOUfCl: US(JS Topographic Quadrangle. Southold & Southampton ~rak~ ': I" ~ XIX), ~()X III ~~" + Ilf('iflc Vinc)ard\. CUfchogu(' I'h.\< I ES..\ FIGURE 6 TOPOGRAPHIC MAP " / .j' ( . \ '. , ~ \ -z...,:>'" '<" . ,'- ~ - . . "\~' \\\ . '\7- "~ \\~\~ j "\"" ! -: .- :'.' ,-... .. ........ -'- ,..-:..... .,-.,,' - - ..::-' '" ..... . _ _ ..' '~ \i .- ,'lcA .-[ , ,..... Q'/-l'~t . O~'~: ~ . \,.J /l', 'l .-;. \~, ~-n / I ~ ~ ..' I -~'." .;:.' "', ,..' . , ~.. :. .' - "!~ . . / /' " ", f " \ '-' ~o , , I \ \ \ \. ,. , " 1 I \ \.J " I '~~J I -. FIGURE 7 I I II I I I I 33 t') 3 I I I I I I ).,.~ ,-- "..~.tQ ..... " ~ ' ". '- . ~ource, [1505 \\'ater Re'~e' hl\e'tigallo'" Rc"prt, 200! I Sc;tIc: 1"' ~ x,noo' -'P&W 1.,~p.'Po,I>.'fT"'" """~'11:.' . r ..., .)(rinl" \'inc~anb~ CutrhoJ:ue .tha$' I ESA WATER TABLE MAP /. /~ /' ..- ,; (,)::lOU I ~ SOl TJf()I_~ ~~ fI.$ ~ ~~7 \ \~/r~j l · '~II()G --._~ ) ( .\'1:.'( '/\ '\/t ~ Htll" (~, ,~~?) LITTLE ..J.'( C(~ PECON/C' . . > -$- r~ BA Y _. ~ ~. -~, 1:.. ''-'S-. 1':' o~'~ Approximate Site Location \ \,,\ 853324 5700 /~ ~k'J sf9269 f) 1,\ ' 3 370, ;\~ r' ,)- - ~ ! 851581 J 0705 / ;VJ / A I ..../ I / I GREAT PECONIC BAY 846530 .8310 88831 ~724 l { ~O\}. ~., (. , ~()RIIt + I -. I I I I I I I ,. I I I I I I '- I Scale: .~W ISCYIQ'=--" So ."-:r'~ , IJ(dnc \'in('~ards. Cu(choJ:ur Phase I ES,\ FIGUI~E 8 WATER MAIN MAP ,0 A"~/\~\" ~l: "-; ~;~~..... t' ,J .' ~ ';.- .._~". ..;'.~.' / . ~/ . ...~.,. /':..'\-.... ,'" /~: ..' i> . I..~' ,.' . '~~.:.. " ',~'. . ',. . '. --:'):> .... "~\ ""-. ,.' '. .~,.i'.)" ")4" p- ~ ..;j " . j/' \-.,~~ / :'~ ,:~. ,.,' \ '\ ~ ,l'~ .~. ~ r/'*-/ ~\\ - I~ -- ~ ~~~ l~\, 1\ ~ ~ /.}{. J\ - -. r; ~~'- p'.4/" ~~\ f: ';\l\ >/~/:,6</ . ,:~;~,,!,.., ~ ,;/ j L/~":::;;~ _"~ ' \ \~~ /' ~"5;" \.\, \ .,~ ~...,_z-... .. .', .\, ~ ;:-o-~.;;. ;:;0:: ; \) \j." ,;: .; '~\\' \~ - !.t,~' -..... ' !.~ \\\ {,': ~\ \ \ _ '\1 ~ .: "\\ \, , - -..~ .-- :'~~"'.. '<.<: .~: ,- J " ~ .. ..,.~ /.~ j%" . ..' ,/' ",r;..' ~.,.> .\. .~ '\.\;,- <\ l! .'\ .- \ \ , . .~~;--:y ;../....~ . // ~ -;,<'.. .~:. ;0 " . (.... . :,;;.J!;. /;:/~ . 3-d?/' I ~;....y ~_-/ / ,/ - "/,\ j \.0'" / , \. '- "-'-.. ....,.. " .~~ - "-',," "- '<~:-...." . " ':"-- \ ,..;.../ // l /1" .// '/ ! " PECONIC , .~.'/ % ;'/ . ! , , , / / "1 I I \ \_--, r--) .' ") ,., .....~ " ii'..... /~.. /' ~~ .:.:~-" '^C.~ L 1-1 7 /\t,... -:( [LJ T[ h " ~./.' r .~.. . .// ""' ...~. " Source; SC\\' A Distribution Map. 2005 Not 10 Scale "HI. 111 + I -. I I I I I I I , I I I I I I I)feifle Vinc,."ards. Cu.('ho~u(' Ph... I ESA FIGURE 9 FRESHWATER WETLANDS MAP " , "- , ,~ 8M " '~Il ,- . .. . o '0 . "0 .. . . 0.. . ~h .East ", (1\ · Cutchogu~ ~ .. . ?<. . . . ( \ . ~Cutchoque East .~-....._-- . . r- eo ~ . r- .. m . .. . . . . .. .. . . . ~ Suurce: NYSIlI'C hesh\\aler :\'ellauds Map. Suuthuld &. Suulhampllln Scale: I"' X'HI" -'P&W I 5O'.IptF'E/i;VOCPo<rS ..""".~ 'I.. . r,~I"'1 . MJRIH + I -. I I I I I I I t- I I I I I I Ie ~nur<<' rE~1A Flnnd \lap. Pand 1M I S<ak. I" 0600' -.P&W 1~~IP('Il-"i oS: 1O::f"o>.... . -,..' FIGURE 10 FLOOD MAP o$. ., ONE X :. '" I~rl'in(' \'inl'}ard\~ Cut('ho~ue rha\< I ES,\ ZONE X ~ -=:~ ZONE X Z '0 j; Z ~ ~ , c ZONE X o Town of Southold 360813 SOH III + . p U B L I C . H E A R I N G . Southold Town Board - Letter Board Meeting 0' June 19,2007 . RESOLUTION 2007-542 ADOPTED Item # 9 DOC 10: 2966 / / THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-542 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON JUNE 19,2007: . RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. Julv 3. 2007. at 4:35 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part of SCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay A venue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.H acres of the 11.6ci acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural 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 Generated July 2, 2007 Page 14 Southold Town Board - Letter . Board Meeting of June 19,2007 Route 25, Southold, New Yark, and may be examined by any interested person during business hours. a~2;k"f~' Elizabeth A. Neville Southold Town Clerk , / RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Louisa P. Evans, Justice AYES: Edwards, Ross, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. . . Generated July 2, 2007 Page 15 LEGAL NOTICE NOTICE OF PUBLIC HEARING . RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav. Julv 3. 2007. at 4:35 p.m.. Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl! for the purchase of a development ril!hts easement on property owned bv Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part of SCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.8ct acres ofthe 11.H acre parcel. The exact area ofthe purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural 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 19,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 28. 2007. AND FOR WARD ONE (I) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE. TOWN CLERK TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney . . SOUTHOLD TOWN BOARD PUBLIC HEARING July 3,2007 4:35 PM COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesday. July 3. 2007. at 4:35 p.m.. Southold Town Hall. 53095 Main Road. SouthoId. New York as the time and place for a public hearinl! for the purchase of a development ril!hts easement on property owned by Richard P. Pfeifle and Carlin A. Pfeifle. Said property is identified as part ofSCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York. The property is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.8010 acres of the II. 6010 acre parcel. . The exact area ofthe purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its aglicultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have an affidavit that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper. Attached to this is an environmental form, the short environmental form for unlisted actions. And those are the only documents in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing? . MELISSA SPIRO: Hi, good evening. Melissa Spiro, Land Preservation Coordinator. This is one of those pieces of farmland that when it comes before the Land Preservation Committee, we don't have to really give it too much thought. It is an active farm, it is Pfeifle DRE 2 . planted in vineyard. It is a little on the smaller side, the easement that is offered to us is less than 10 acres but if you look at the map all the property, for those of YOll who can see the map, all the property to the east, the three large farmlands are already preserved through either Town or County development rights. So the Land Preservation Committee knew right away that this was a property that we wished to proceed with the development nghts Mr. Pfeifle has been a pJeasure to work with and we are hOj'ing to "DW this p:occss quickly. He is leaving out 2houl1WO acres around l1i:,~ cxisiiicg Louse (iii- c..:.ist;ng bam. The development rights will be sold on all of what is in the current agriculture in a vineyard. We are hoping to be able to get federal funding although I am no! sure that the timing and the criteria will all work out but we are trying to do that and as usual, we have to thank the landowner. Can't do it without the landowners. This is a great acquisition and we hope to close on this within a month or two, if not sooner. / SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Can I get a motion to close the hearing? * * * * * . ~f&H~ Linda J. Cooper Deputy Town Clerk . . S E Q R A . R E S o L U T I o N . . . . Southold Town Board - Letter Board Meeting oiJuly 3, 2007 rf6~ ~~ RESOLUTION 2007-604 ADOPTED Item # 38 DOC ID: 3009 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-604 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Richard P. Pfeifle and Carlin A. Pfeifle pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #\000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.7-:1 acres (subject to survey) of the 11.6010 acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of South old that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. aj"~~'~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] Generated July 16, 2007 Page 54 . . . Southold Town Board - Letter Board Meeting of July 3, 2007 MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Edwards, Ross, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated July 16,2007 Page 55 / . , / . . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNUSTED ACTlONS Only PART I-PROJECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPUCANT {SPONSOR: Southold Town Board 3. PROJECT LOCATION: Municipality: C~'" ,,( I SoJt\..~c.:: \Ololl1'\ 2. PROJECT NAME:"?~:.{1c. !e" Ii "'''.. E'"c;.< 1l\1'~ County: S.....{.c <>, " 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc, or provide map) ''Sc\CV\ * 1000_ '17~4-1 'I .82.5 t."!>\i~ ~& I c..,x~,,< 1 r (\ ....,.,.-n- "Ic\( l.p<;\it t~ 'lprroy.;.t;C( l\o~~s+tI\Y "'It""", i,,~....~..... 6..y AIH'. s'k,,.}f(,,,,tJ I. '.Itr;vl "'" . S.IS PROPOSED ACTlON: ~ 0 0 New Expansion Modification 6. DESCRIBE PROJECT BRIEFLY: .. r"'l" f'"' -JC>lA:n'\ ~.ro.-\( ",of &eti<!~l'lIeld' (1<;; i-.~ (l:<'s'-Yl'"r;t-,.... Cf.3- <tW'S 01- 11.< - ",-cj.( ~r "'. 7. AMOUNT OF LAND AFFECTED: INITAllY Cf t~ . acres ULTlMATELY___~_ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? I ~ Yes D No If No, describe briefly ! I r; W~;;IS;"R~SE~;~"ND~~sE- I~~"~ic~INii-r- OF~;~;Em-- I ~ ResidenUal r Comlllercial r Inclustrial r;xl Ag!iculture r Pack/Forest/Open suace r. Othe! , Descnbe: I ~~~ --~--'---"""~~"~"__~_~"._""~~~_U"__~~_~~~",,, ._-_..~.._--~~---- ----~-_..-_._~"__~._"~~_~~__~_.__._.~.__.~..___~ . ~_.~,.___J 110. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL i AGENCY (FEDERAL, STATE DR LOCAL)? I IW r i Yes No ~ist agency(s) and peunil/appmva/>, (1 I R.r-t:iv< pw+,."'O -\-"I'C(.'~ +nom F(.J...,cJ. 'i (<;,,1- t--'..,._~~~_.~. -- ._-~ -- ...... -'---~"~-'-_..~~'-'------'_.--------~._"-'-~'-'~'-- -, -'<'~---'---____~'_"_'____'~"___.~._ ! 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? in rP Yes No ---_._-~ if yes, /;st 3gency(s) and permi(/apPlOvals I I I _._J I f~-'-O--~" -'---.-.---.-- ...____ ._ _ ._____ _ "0.______.____ .. _..______ ! 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ! r ycsr-:f 1'0 i'-'-'-~----~'--'- . I CERTIFY THAT THE INFo;r'70.N PRO.VIDE.D A. BOV. E IS. TRUE. T.O THE BEST OF.MY KNOW.L..EDGE , Appl<eall'.'sp"'''", 'LIme /I tit SSj./... 0t-LfLi>j LfftVJ e"5~~ [)"Ic,-~/;J.S-Io? SI011JtIlIC~. If the tlction is in the [oasli1! Ie;:}, and you are a stille agency, complete the Coa.stal Assessment Forlll before proceeding with this asspssment , . . . PART a-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRA, PART 617.41 0 I'i!P - Yes No If yes coordinate the review process and use the fuii EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRA, PART 617.61 0 Yesr$. No If no, a negative declaration may be suspended by another involved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns soUd waste production or diSP;\S,,:otential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or oth~r natural or cultural resources; or community or neighborhood character? EJqA'~riefiY: O. '/J~tation Of fauna fishes shellfish, or wildlife species, significant habitats, or threatened orendangered species? Explain briefly: C4. A community's existing plans Of goals as officially adopted, or change in use or intensity of use of land or other natural resources? EXPlp;ieflY: cs. G~, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. ~ term, short term, cumulative, ar ather effects not identified In Cl-C5? Explain brieny: C7. th: 'impacts (including changes in use of either Quantity of type of energy)? Explain briefly: ._~ D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? n Yesfl't Na E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Ir; Yesif' No , -~"-~"~..,-~ ,"~"-~-'~-~~~"~,~~~".~.~~._-~,~.~,~~.~~..~.~~~-~----. ""-~'~'-~~~'~-"'_.._~-_.~---~~- r"~'~------~-~- ------- I PART 111- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCfIONS: For each adverse effect identified above, determine whether it is substantial, large, or otheflNise significant. Each effect should .. ,... ... ..... .... I be assessed In connection With It') (a) settIng (Le. ut-ban or rural); probabtllty of occurnng; (c) duration; (dO Ir;reverslblltty; (e) geographic scope; I I and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show 1 that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and j' i significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. l~~~~"~~~-"""'''''' .. . .-.......-.......................- ..... ...... -...-...................-..--..... ..............-.. .......... ....--~~.~~~~~~.,._,.-_! I n Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then ! ..-' proceed directly to the fUll ENVIRONMETNAl ASSESSMENT FORM and/or prepare a positive declaration. I ~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, I y--r that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments I as necessary, the reasons sUPport~is deterlation: '0 J '_ .f1).bl '_JOI.(N'o. DOCifl ['-!,l!T1C of t..!"J Agency ~ ~v~~rv"s.l>fZ- Itle of Responslule Officer , Signature of Responsible Officer in Lead Agency different from of responsible officer) ~~.~u=<oo~ ~~ooo~~~~oz . . . Southold Town Board - Letter Board Meeting ot July 3, 1007 . RESOLUTION 2007-605 ADOPTED Item # 39 DOC ID: 3010 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-605 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on part of a certain parcel of property owned by Richard P. Pfeifle and Carlin A. Pfeifle on the 3rd day of July, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district; and . WHEREAS, the development rights easement comprises a part of the property of approximately 9.7cl= acres (subject to survey) of the 11.6cl= acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural values; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) ofthe Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the L WRP; and . WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and Generated July 16, 2007 Page 56 . / " . . Southold Town Board - Letter Board Meeting of July 3, 2007 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of South old hereby elects to purchase a development rights easement on agricultural land owned by Richard P. Pfeifle and Carlin A. Pfeifle pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part ofSCTM #1000-97-4-19. The address is 825 Leslie Road, Cutchogue, New York, and is located on the northerly side of Leslie Road, approximately 794 feet northeasterly from the intersection of Bay Avenue (Skunk Lane) and Leslie Road in Cutchogue in the A-C zoning district. The development rights easement comprises a part of the property of approximately 9.7* acres (subject to survey) of the 11.6* acre parcel. The exact area ofthe development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. This acquisition may be eligible for partial reimbursement of the purchase price from an awarded federal grant. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has recommended that this action is consistent with the LWRP. ajal4C7.~.-t(.I... Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Edwards, Ross, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated July 16, 2007 Page 57 OFFICE WCAll0N: Town Hall Annex . 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAIliNG ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department / Mark Terry, Principal Plmmer ~ L WRP Coordinator From: Date: June 27, 2007 Re: Purchase of a development rights easement on property owned by Richard P. Pfeifle and Carlin A. Pfeifle SCTM# 1000-97-4-19 . The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (L WRP) Policy Standards. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 9.8clc acres of the 11.6clc acre parcel. The property is being preserved for agricultural use. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the policy standards of the LWRP and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. . . / The Suffolk Times · July 12, 2007 . . Pfiefle property preservation At the same meeting, the Town Board also elected to purchase a de- velopment-rights easement on the Pfeifle property at 825 Leslie Rd. in Cutchogue. The $78,000 easement is for about 9.7 acres of the 11.6-acre property. The purchase will be funded with community preservation funds. . u~ooo~zc oo~<~~~~z~ . . . . CLOSING STATEMENT RICHARD P. PFEIFLE and CARLIN A. PFEIFLE to TOWN OF SOUTHOLD Total Development Rights Easement - 9.7941 acres Total Parcel Acreage - 11.6307 acres Reserved Area - 1.8366 acres Premises: 825 Leslie Road, Cutchogue SCTM #1000-97 -4-p/o 19 Closing took place on Friday, October 12, 2007 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 763,939.80 (based upon 9.7941 buildable acres @ $78,000/buildable acre) disbursed as follows: Payable to Richard P. Pfeifle . (10/12/07) $ 763,939.80 Expenses of Closing: Appraisals Payable to Given Associates LLC $ 3,200.00 (5/22/07) Payable to Andrew Stype Realty, Inc. $ 2,000.00 (8/28/07) Appraisal Review (Yellow Book) Payable to Hubbell Realty Services, Inc. $ 200.00 (11/7/07) Survev Payable to Peconic Surveyors, PC $ 3,500.00 . (8/14/07) . Environmental Report (Phase I ESAI Payable to Nelson, Pope & Voorhis, llC (7/31/07) $ 1,300.00 Title Report Payable to Stewart Title Insurance Company (10/12/07) $ 3,333.00 Title insurance policy Recording easement Certified easement $ 3,033.00 $ 250.00 $ 50.00 Title Closer Attendance Fee Payable to Patricia Fallon (10/12/07) $ 100.00 . Those present at Closing: John P. Sepenoski Lisa Clare Kombrink, Esq. Richard P. Pfeifle Carlin A. Pfeifle Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Seller Title Company Closer land Preservation Coordinator land Preservation Sr Administrative Asst . ~GIVEN ASS 0 C I ATE S tt48 Route 111/ PO Box 5305 Hauppauge,NYl1788 631-360-3474 Fax 631.360.3622 Bill TO Town of Southold P.O. Box 1179 Southold NY [[971-0959 I Please make check payable to: GIVEN ASSOCIATES, LLC. Description Date 4/20/2007 File No. 2007179 Terms Invoice Invoice # 286 Amount Due upon Receipt Appraisal of Real Property of Richard P. and Carlin A. Pfeifle Located 825 Leslie Road Cutchogue, NY .C.T.M. #1000-97-4-19 3,200.00 . . ......................................... . FROM: Andrew Stype Realty, Inc. Box 63, Mattituck, NY 11952 631-298-8760 631-298-5779 fax TO: For professional appraisal services rendered. 825 Leslie Road Cutchogue 1000-97-4-19 Pfeifle real estate appraisal . 00 miles @ $0.25 per mile 00 miles @ $0.25 per mile . HUBBELL REAL TV SERVICES, INC. Real Estate Appraisal and Consultation R. Peters Hubbell, Jr., MAl State Certified General Appraiser October 12, 2007 Invoice # 1 Melissa A. Spiro Land Preservation Coordinator P.O. Box 1179 Southold, New York 11971 - 0959 Real estate appraisal services regarding review of Stype Appraisal. . SERVICES TO DATE: $200.00 BALANCE DUE: ....................................................... $200.00 PECONlIC SURVEYORS, P.CO . P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020' Fax (631) 765-1797 June 15th 2007 TOWN OF SOUTHOLD LAND PRESERVATION DEPARTMENT P.O. Box 1179 Southold N.Y. 11971 FOR PROFESSIONAL SERVICES RENDERED, Attention: Mrs. M. Doroski Job # 07-160 Boundary Line Survey Inclusive of Certifications . . . ......................................... . Nelson, Pope & Voorhis, LLC 572 wal.tt W W)il . man Road Phone: 631-427-5665 Melville?11747 Fax: 631-427-5620 . Property: 07161 Project: V A02419 Pfeifle Vineyards, Cutchogue Manager: McGinn, Steven Invoice To: Town of South old Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 5048 July 13,2007 Invoice Date: MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS $1,300.00 Invoice Amount Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed thru 6/30/07 . Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: $1,300.00 100.00% $1,300.00 $0.00 Current Fee Total: $1,300.00 *** Total Project Invoice Amount $1,300.00 . . ......................................... . ~~ . . . STEWAAT TITLE INSURANCE COMPANY 25 Baylis Road, Suite 201MelvIDe, New York 11747 Phone: 631-501-9615 Fax: 631-501-9623 TWeNo. sr -5 - 7'357 /OJI.;L/07 Date FEE INSURANCE COVERAGE :t'/tP3, <f 3 't,IIO PREMIUM I. S/l33.tJ't) FAIR MARKET VALUE RIDER PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW VORK STATE TRANSFERlMANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor) SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE BANKRUPTCY SEARCH RECORDING ~~S: J.Ii ..,/J, 'd, J fJ,;AL rd .J "t!IA.i: ~, ~ &7),07 (/l~) .J...1 ( ) SATlSFACTlON(S) (I V <J (1(/ ( ) MORTGAGE(S) ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDA VIT(S) ( ) ASSIGNMENT(S) TOTAL CHARGES $ 'i-?:{-<,dZJ CLOSER CHARGES, IF ANY: PICK.UP FEE OTHER: 1::!t", ,"') f~W . {O/I l!jl-/ PATRICIA L. FALLON Title Closer =~uo=~~~ ~<oo~~~z~ B :J' > ~1 r: . . . . 11111111111111111111111111111111111111111111I1111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 17 Receipt Number : 07-0108244 TRANSFER TAX NUMBER: 07-11480 Recorded: At: 11/20/2007 11:46:32 AM LIBER: PAGE: D00012531 025 District: 1000 . Deed Amount: Section: 097.00 EXAMINED AND $0.00 Block: 04.00 CHARGED AS Lot: 019.002 FOLLOWS Page/Filing COE TP-584 Cert.Copies Transfer tax $51.00 $5.00 $5.00 $11.05 $0.00 Above Instrument Exempt NO NO NO NO NO Handling NYS SRCHG Notation RPT Comm.Pres Fees Paid $5.00 $15.00 $0.00 $30.00 $0.00 $122.05 Exemp NO NO NO NO NO Received the Following Fees For TRANSFER TAX NUMBER: 07-11480 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County . ~ ~,~ ~ o~ 110 ~lrl]l ~] ,," > I L / OEPT Of '.MW P;;[S~!~"/:):C~I [!][i] . Number of pages TORRENS 11 Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page I Filing Fee fF)L- Handling 5. 00 TP-584 .") Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Sub Total tol ~ 30 t:lJ Comm. of Ed. 5. 00 Affidavit , Certified Copy . to NYS Surcharge Other II.~ WI - OS OS ~ 15. 00 Sub Total Grand Totall2:2 . 1000 09700 0400 019002 4 Section 097.00 Block 04.00 Lot 019.888 Real Property Tax Service Agency Verification 6 SatisfactionslDischargesIReleases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, Esq. 235 Hampton Road Southampton, NY 11968 7 Co. Title # PECORDED 2007 i-j,y) 20 i 1 : 46: 32 Rt'1 Judi t.h H. Pascale CLERK OF SUFFOLK COUtiTV L [:'00012531 p 025 [JHt 07-11480 Recording I Filing Stamps Mortgage Arnt. 1. Basic Tax 2. Additional Tax Sub Total Spec.lAssit. or Spec./Add. TOT. MTG. TAX Dual Town ~ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # ~ of this instrument. ;-/0) -P7 5 Community Preservation Fund Consideration Amount $ () () CPF Tax Due $ Improved V Vacant Land It? TD TD TD 8 Suffolk Count Recordin & Endorsement Pa e This page fonns part of the auached Grant of Development Rights Easement (SPECIFY TYPE OF INSTRUMENT) . RICHARD P. PFEIFLE CARLIN A. PFEIFLE The premises herein is situated in SUFFOLK COUNTY. NEW YORK. TO TOWN OF SOUTHOLD In the Township of In the VILLAGE or HAMLET of made by: t:D::r 1l'C\l1: Southold ~nlftJr;l/t< BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FlUNG. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT . THIS DEED OF DEVELOPMENT RIGHTS EASEMENT is made on the -!;2i;.day of October, 2007 at Southold, New York. The parties are RICHARD P. PFEIFLE AND CARLIN A. PFEIFLE, 825 Leslie Road, Cutchogue, New York (herein called "Grantors"). and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-97-4-19 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors, p,c., dated June 19, 2007 and last revised July 23, 2007, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and . WHEREAS, the Property Is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as a vineyard; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is iocated, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible vaiues of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be deSirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Deveiopment Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; . . NOW THEREFORE, in consideration of SEVEN HUNDRED SIXTY-THREE THOUSAND-NINE HUNDRED THIRTY-NINE AND 80/100 DOLLARS ($763,939.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warrantv Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. . 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoonition . New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section , 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. . 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated June 19, 2007 last revised July 23, 2007 prepared Peconic Surveyors, P.c., and a Phase 1 Environmental Site Assessment dated July 12, 2007 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tvpe . This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1. 0 2 Defi n ition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is presently referenced in 9247 of the General Municipal Law and/or defined in Chapter 70 ("Agricultural Lands Preservation") of the Town Code of the Town of Southold (the "Code") or any successor Chapter and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use that is permitted under the current law and/or code. "Equestrian Rights" shall mean the right to use the Property and to erect structures for the purpose of boarding, breeding, raising and training of horses or other equines. The term 'equestrian rights' shall not include riding academies or equine events, such as rodeos, horse shows or polo matches where spectators are expected to attend. . "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. . 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetu ity. 1. 04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and everyone of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. . ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materiais: Minina . The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoii, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to .1 . construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normai agricultural/horticulturai activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Reai Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otheryvise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agriculturai production. All reconfigured parcels must contain at ieast 10 acres of preserved land. 3.04 DUmDinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. . 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses . Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricuitural 5 . production, that term is presently referenced in g247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended, shall not be considered a commercial use. No improvements or activity inconsistent with current or future agricultural production shall be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts . The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the rights specifically permitted by this Easement and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use . Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. h . 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(I) of the NYS Agriculture and Markets Law, now or as it may be amended. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.06 Structures . A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approvai of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purposes of this Easement or other appiicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production and iot coverage does not exceed twelve (12) percent of the Property; (Iii) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. (iv) Specific improvements not included as structures in Section 3.01. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purposes of this Easement. . C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 7 . D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same generai location subject to the review and written approval of Grantee, pursuant to appiicable provisions of the Town Code. 4.07 Notice Grantor shail notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shail provide documentation as may be required for such appiications. 4.08 Aiienabilitv . Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the fuil name and maiiing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shail specificaily set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, iiber and page of the recording hereof. The failure of any such instrument to comply with the proviSions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification . Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, ali of which shall be reasonable in amount and actually adjudicated, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments s upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. . 5.03 Third Partv Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount and actually adjudicated, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Reauirement If Grantor leaves the Property open and does not engage in agriculturai production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. . ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Insoection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shail not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration . Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be iiable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Propertv or crops, livestock or livestock products resulting from such causes. 'I 6.03 Enforcement Riahts of Grantee . Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural vaiues or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or . (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirabie to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver . Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or reiief, 10 . and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment/Condemnation At the mutuai request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguish of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricuitural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. . ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall appiy retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. . II 7.03 Alienation . No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code and other applicable laws upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interoretation . Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non- commercial reporting of this Easement. 7.08 Warranties . The warranties and representations made by the parties in this Easement shall survive its execution. 1.~ 7.09 Recordinq . Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: RICHARD P. PFEIFLE, Grantor CARLIN A. PFEIFLE, Grantor ('/1A.P~~ Q tJ~. .Le.u CARLIN A. PFEIFL p . ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTH OLD, Grantee BY: .9d>>1 W ~~. JOHN P. SEPEN SKI Deputy Supervisor STATE OF NEW YORK COUNTY OF SUFFOLK Ss: On this 1.2.. day of /JeT, in the year 2007 before me, the undersigned, personally I(It'.MA-te1J P_I'Pe:/fr"(i< i appeared personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individuates), or the person upon behalf of which the individual(s) acted, executed the instrument. p~ t?, ,JJ~ Notary Public p, , 'W YorkpATRICIA L. FALLON N:9tary Public, StRt~ Of New York '24. No. 011=/\..:1.,50146 ,I OlJal:jied In Suliolk County Commission Expires April 24, J6 II N:,' STATE OF NEW YORK COUNTY OF SUFFOLK 55: . On this /~ day of {'eT in the year 2007 before me, the undersigned, personally appeared ('Jltet:IN Il-. tF~/FLt;____n personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. 1.\ . ;J /Jh,u LIe- t ,.j fi~ Notary Public STATE OF NEW YORK COUNTY OF SUFFOLK 55: PATRICIA l. FALLON Notary Public, Stat'3 Of New York No. 01 FA4950146 Quali!ied In Suffolk County I Commission Expires April 24, ~ [ On this Jot day of Ocr in the year 2007 before me, the undersigned, personally appeared John P. Sepenoski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. jJ ftum t ..AM,,-_~ Notary Public PATRICIA L. FAllON Notary Public, Stat~ Of New York No. 01 FM9S0146 Qua!ified In Suffolk County Commission Expires April 24, ~Il CIDocuments and SellingsV\nnelMy DOClllllcllt,\Allllc1lown of Southold Deeds of Development RightslPfeiflcl 01 007Gr311t of Development Rights Easement changes highlighted,doc . . 14 . Stewart Title Insurance Company Title No: ST-S-9357 Schedule A Description (AMENDED 8/7/07) ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Southwest comer of premises described herein which said point is located the following courses and distances from the comer formed by the intersection of the Northeasterly side of Skunk Lane (Bay Avenue) with the Northwesterly side of Leslie's Road: 1. North 53 degrees 55 minutes 50 seconds East along the Northwesterly side of Leslie's Road . 743.99 feet to a monument; THENCE along lands now or formerly Meklenburg, Grzegorczyk, Blasko & Scott: North 17 degrees 27 minutes 10 seconds West 278.34 feet to a monument; and South 84 degrees 25 minutes 50 seconds West 69.36 feet to a monument the Easterly map line, map of Kay Dee Estates, Map No. 9192; THENCE North 6 degrees 20 minutes 00 seconds West along said map line 101.24 feet to the true point or place of BEGINNING. RUNNING THENCE still along said last mentioned land North 6 degrees 20 minutes 00 seconds West 181.47 feet; THENCE along lands now or formerly Mott, Ketcham, Spartaris and Pester North 7 degrees 01 minutes 20 seconds West 620.38 feet to land now or formerly of Krupski; THENCE along said last mentioned North 82 degrees 04 minutes 40 seconds East 480.05 feet to a monument land now or formerly of Briarc1iff Sod; THENCE along said last mentioned land the following 2 courses and distances: I. South 7 degrees 48 minutes 10 seconds East 337.26 feet to a monument; and . 2. South 7 degrees II minutes 10 seconds East 620.01 feet to the Northwesterly side of Leslie's Road; . THENCE along the Northwesterly side of Leslie' s Road South 51 degrees 00 minutes 20 seconds West 162.40 feet to the "Reserved Area"; THENCE along said "Reserved Area": I. North 29 degrees 02 minutes 52 seconds West 146.36 feet; 2. North 7 degrees 01 minutes 14 seconds West 90.66 feet; and 3. South 84 degrees 25 minutes 50 seconds West 295.98 feet to the true point or place of BEGINNING. . . ~~~~~ ~O~~U~ . . . ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY L~~~~!!y Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacitYi or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; " (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed; recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the land. The term "encroachment" includes encroachments of existing improvements located on the land onto adjoining land, and encroachments onto the land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision ofland; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6, An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge, - i--- r / / (A /,( \\ { - a ~/;.J' ecretary co-- """,,,,~ Countersigned by: Stewart Title Insurance Company Authorized si9f~'SeBaylis Road Suite 201 Melville New York 11747 Phone: (631) 501-9615 Fax; (631) 501 962] Company City, State II PM 1 of ~:~,~i No 0-8901 03 8 713 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433.0014. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at hlto:flwww.stewartnewvork.com File No.: _."""m~:"'~~'\L~'1.f'F.\;;"""'~~!.~~l!:,@j'\<::;Ci'.,..:.\Wjigi?";:fH,'7?t,'.f'Y:O;~J";;",~~::r:;;D'i:l!l'!;~;ill;~I].,.,,, ~~ ., . ALTA OWNER'S POLlCY (GfI7106) . SCHEDULE A File No,: ST-S-9357 Amount oflnsurance: $763,939.80 POlkyNo.: 0-890l-38713 Date of Policy: 10/12/20(17 Premium: $3,033.00 1. Name ofInsured: Town of South old 2. The estate or interest in the land tbat is encumbered by the Insured Mortgage is: Development Rights 3. Title is vested in: ToWn of South old, who ~quired Development Rights from Richard P. Pfeifle and Carlin A. Pfeifle, by Development Rigllts Agreement dated 10112/2007 and to be recorded in the Suffolk County Clcrk'slRegister'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. . AL TA OWN~R.'s I'OUCY (6117/0(>) . SCHEDULE A DESCRIPTION File No.: ST -8-9357 Policy No.: 0-8901-38713 (AMENDED 817107) ALL that certain plot, picce or parcel ofland witb the buildings and improvements thereon erected, situate, lying and being in tbe Town of South old, County of Suffolk and State of New York, more Particularly bounded and described as fo Hows: BEGINNING at a point on the Southwest corner of premises described herein which said point is located the fOllowing courses and distances from the corner formed by the intersection of the Northeasterly side of Skunk Lane (Bay Avenue) with the Northwesterly side of Leslie's Road: I. North 53 degrees 55 minutes 50 seconds East along the Northwesterly side of Leslie's Road 743.99 feet to a monument; THENCE along lands now or formerly Meklenburg, Grzegorczyk, Blasko & Scott: North 17 degrees 27 minutes 10 seconds West 278.34 feet to a monument; and South 84 degrees 25 minutes SO seconds West 69.36 feet to a monument the Easterly map line, map of Kay Dee Estates, Map No. 9192; . THENCE North 6 degrees 20 minutes 00 seconds West along said map line 101.24 feet to the true point or place of BEGINNING. RUNNING THENCE still along said last mentioned land North 6 degrees 20 minutes 00 seconds West 181.47 feet; THENCE along lands now or formerly Mott, Ketcham, Spartaris and Pester North 7 degrees 0 I minutes 20 seconds West 620.38 feet to land now or formerly of Krupski; THENCE along said Jast mentioned North. 82 degrees 04 minutes 40 seconds East 480.05 feet to a monument land now or formerlyofBriarcliffSod; THENCE along said last mentioned land the following 2 courses and distances: 1. South 7 degrees 48 minutes 10 seconds East 337.26 feet to a monument; and 2. South 7 degrees II minutes 10 seconds East 620.0J feet to the Northwestlldy side of Leslie's Road; THENCE along the Northwesterly side ofl-eslie's Road Soutb 51 degrees 00 minutes 20 seconds Wcst 162.40 feet to the "Reserved Area"; . THENCE along said "Reserved Area": ALTA OWNER.'S POLICY (611710(;) . 1" North 29 degrees 02 minutes 52 seconds West 146.36 feet; 2. North 7 degrees 01 minutes 14 seconds West 90.66 feet; and 3. South 84 degrees 25 minutes :;0 seconds West 295.98 feet to the true point or place of BEGINNING. . . . . . ALTA OWNIlR'S POUCY (6117106) SCHEDUU: B PART I File No.: ST-S-9357 Po.licy No.: 0-8901 -387.13 This policy does not insure against los$ or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: l. Rights oftenant(s) or person(s) in possession, if any. 2. Survey by John T. Metzger last dated July 23 rd, 2007 shows premis~)S as vineyard, vineyard area straddles South line onto "Reserved Area". Surveyor notes slight variations along Northerly and Easterly lines between actual field measurements and deed descriptions of record. 3. Right of Way as set forth in Liber 11010 at Page 15. 4. Policy excepts the lien of restored taxes, plus interest and penalties, if any. 5. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the grantors and the Town of So nth old. . STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST-5--9357 Date orIasue: October J 2.2007 ATTACHED TO AND MADE A PART OF POI,JCY NUMBER 0-8901--38713 !. Covered Risk Number 2(c) is deleted. 2. The following is added a.g a Coveted Risk: u 11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has a.OW gained or which may hereafter gain priority over the estate or interest of the iasured as shown in Schedule A of this policy." 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien On the Title for real estate taxes, assessments. wster charges Or sewer rents imposed by governmental authority snd created or sttaching between nate of Policy and the date of recording of dle deed or other instrument of transfer in the Public Records dlat vests Title as Shown in Schedule A. . This endorsement is issued as part of the policy. Except as it eltptessly states, it does not (i) modify sny of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount ofInsursnee. To the extent a prOvision of the policy or a previous endorscment i. inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to alJ of the tCInlS and provisions ofthe paHey and of sny prior endorsements. Signed on: STEW ART T.lTLE Signed by\. f Stewart T~nce Company ~ ,.,...,=."- lNaURAtfCIt CD~r....l"Y ai:!'//~ t,~ Authorized Office or Agent ~~ CA4- 'a~/ GcretGlry STEWART TITLE INSURANCE COMPANY US Baylis Road, SUite 201 Melville, New York 11747 . STANDARD NEW YORK ENOORSEMENT (5I1/07) FOR USE WITH ALTA OWNER'S !'OLleY (e..17.Q~) z>oo <'-' ~ ~~~oo ~<~>~~ . . . . / . . * DiIMion of Agrl.culturalProtection cmd DevcloptMnt SBrv1.~U 518-457.7Q76 Fax. 518-457-2716 STATI:OFNEWYORK DEPARTMENT OF AGRICULTURE AND MARKETS lOB Airline Drive Albany, New York 12235 December 14, 2007 Melissa Spiro Land Preservation Coordinator Town of Southold Re: Waiver - Suffolk County, Town of Southold, Ag-. District #1 - Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural Dislrict #1. The documentation includes a waiver signed by: Richard P. Pfeifie and Carlin A. Pfeifle Landowner( s) The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquis~ion of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded tllat waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed "clion to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, j?M-~ Manager, Agricultural Protection Untt RS:lad Cc: David Behm, Farmland Protection Unit File: AP07/090-W ~ ~D: ~8~~7 ~ ~ i ~~-~~- DEPT Of lAND PRESERVATiON . / . . . ..----.. WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ! 'f. 7 jacres of active farmland andlor -- acres of non-farmland, situated at plo Suffolk County Tax Map No. 1000-94-4-19 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor Landowner ~~WN OF SOUTH OLD /j ~~~Q ~~ \ "" 'JOHN P. SEPENOSKI, Deputy Supervisor ICHARD P. PFEI 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 (1~KA-~ a. t?'. j~ CARLIN A. PFEIF p STATE OF NEW YORK ) COUNTY OF SUFFOLK )ss: On the 6B- day of {}CT. , 2007, before me personally appeared JOHN P. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTH OLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the . . . l instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. fJa.;o~ ~ c~ Notary Public STATE OF /J[!aJ Yo..e~ ) COUNTY OF StlFF&LIC. ) PATRICIA L. FAll~~w York Notary Public, Statq_Oj No. 01 rA48501 ~6 Ql!oli!i<:,d In sunoll< countY4 ~/) Commission Explles P.p,,1 2 , )ss: On the / t:\ day of (!)e.r , 2007, before me personally appeared RICHARD P. PFEIFLE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. PJl;b~t < ~ Notary Public PATRICIA~; ~Al.lO~NYOrk Notary PubliC, S",t,or o.jl4N, No. OH',ll...'+\:;~.,\, ",,0 t OUG1:;'!8d In .?Uli,,:i\~ vOL~n14 Jill CommISSion i:::.xPIi9i) April , STATE OF vD4 <(1J.eJ( ) COUNTY OF .JltFRJL/<" ) )ss: On the /:< day of Dc:..r. ,2007, before me personally appeared CARLIN A. PFEIFLE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Prl1/nj t ~FJ",,-_ Notary Public PATRICIA L. FAll8Nw York Notary Public, Stat'3 Of e t',)i),01FA4950146 + In "',!folk Coun.y 4, I .. ~, . . " """I Cornl1llssion ExpIres Aprd 2,." MELISSA A. SPIRO LAND PRESERVATION COORDINATOR . melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 21, 2007 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets lOB Airline Drive Albany, NY 12235 Re: RICHARD P. PFEIFLE and CARLIN A. PFEIFLE to TOWN OF SOUTHOLD Part ofSCTM #1000-97-4-19 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Deputy Town Supervisor John P. Sepenoski, Richard P. Pfeifle and Carlin A. Pfeifle at time of closing on a development rights easement on active farmland formerly identified as part of SCTM # I 000- 97-4-19. Details regarding this easement are as follows: . GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: UBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Richard P. Pfeifle & Carlin A. Pfeifle Town of Southold November 20, 2007 D00012531 025 825 Leslie Road, Cutchogue 9.7941 acres 1000-097.00-04.00-019.002 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity . Thank you. Sincerely, ~~ Melissa Spiro I....and Preservation Coordinator . Imd ene. z>oo Q~U ~~~~~H~> . . . New York State Department of Environmental Conservation Division of Lands & Forests .ureau of Real Property, 51h Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 . FAX: (518) 402-9028 Website: www.dec.state.ny.us ~ .... ~ Alexander B. Grannis Conunissioner November 28,2007 Melissa Spiro Department of Land Preservation Town of South old P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: . CE: Suffolk 482 Grantor: Richard P. Pfeifle & Carlin A. Pfeifle Liber: D12531 Page: 25 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, ~V#tf,/?..~~ Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property TAR:gm . ~ ~o: ~3~ U ~ L_~_._ DEP!. OF lAND PRESERVATION "-~---~_.. . . . MELISSA A. SPIRO LAND PRESERV A nON COORDINATOR melissa. spiro @town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southo1d, NY 11971-0959 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (63\) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 21, 2007 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Tim Reynolds Conservation Easements Registry RICHARD P. PFEIFLE and CARLIN A. PFEIFLE to TOWN OF SOUTHOLD Re: Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of South old to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LlBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Richard P. Pfeifle & Carlin A. Pfeifle Town of Southold November 20, 2007 DOOOl2531 025 825 Leslie Road, Cutchogue 9.7941 acres 1000-097.00-04.00-019.002 Kindly acknowledge receipt ofthis document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 1J44~ Melissa Spiro Land Preservation Coordinator eoc. cc: Richard P. & Carlin A. Pfeifle _. Pfeifle Vineyards, 825 Leslie Road, Cute hogue, NY 11935 ~~O~~~~~ ~~uo~~oo . . . . RICHARD P. PFEIFLE and CARLIN A. PFEIFLE to TOWN OF SOUTH OLD 9.7941 Development Rights Easement Part of SCTM #1000-97-4-19 Location: 825 Leslie Road, Cutchogue, New York Closing held on Friday, October 12, 2007 Southold Town Hall Annex (from left to right) John P. Sepenoski, Deputy Town Supervisor Carlin A. Pfeifle Richard P. Pfeifle . <-1 ~ . 1 . MELISSA A. SPIRO LAND PRESERVATION COORDINATOR . melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD 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: October 22, 2007 Re: RICHARD P. & CARLIN A. PFEIFLE to TOWN OF SOUTH OLD plo SCTM #1000-97-4-19 Development Rights Easement - 9.7941 acres . Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 825 Leslie Road, Cutchogue SCTM #: part of 1000-97-4-19 PROPERTY OWNER: Richard P. Pfeifle and Carlin A. Pfeifle PURCHASE DATE: Friday, October 12, 2007 PURCHASE PRICE: $763,939.80 (based on 9.7941 acres @ $78,000/buildable acre) TOTAL PARCEL ACREAGE: 11.6307 acres EASEMENT ACREAGE: 9.7941 acres RESERVED AREA: 1.8366 acres ZONING: A-C FUNDING: CPF 2% Land Bank . MISCEllANEOUS: This is an active vineyard known as Pfeifle Vineyards. Carlin A. Pfeifle by The Suffolk Times 05/11/2017 12:20 PM Former longtime Southold resident Carlin A. Pfeifle of Peconic Landing in Greenport died May 9. She was 80. The daughter of Charles and Adele LaBranche Elias, she was born Jan. 16, 1937, in Patchogue. She graduated from Simmons College in Boston. In 1959, she married Richard Pfeifle in Patchogue. Ms. Pfeifle is survived by her husband, Richard, of Greenport; daughter, Alix Milot of Fairfield, Conn.; son, Kevin, of Bayport and four grandchildren. Private interment will take place at Sterling Cemetery-in Greenport: - Horton-Mathie Funeral Home in Greenport assisted the.family. 'l6i;.'IlM__ oI.;.jlo-ll'II lL< _..n E., ".ll' '.--~I I.' "'_lMlii~q~(' iH0i;;'li!tk!4;:.xG:~0:L:4\A~[ljjtC+j;B€ln!f;n; )i\ii?,,'Ss\j<E:;E1i;P:>i> ;+<>>:;l:ii-+/"" ,\~ File View T oolbew Help t:l~13b 97_-4-19 I~ . N Addl,6.ddr: S !reet: 825-- PO Box: Cit!l: Sale Book Leslie R d CUlchogue. NY Page E .emption Code 41854 STAR-8ASIC Special Dislrlcl Code F0029 C PK090 Cu . Double dick to open a windm....t _~la~ ~ ~ ~I @ ~.e~ ~ 473889 5 Roll Year: 2 Land Si.e: 11_ Tolal: 2 ille Sale Dale Total: 1 p,mount 830 Total: 4 Units _00 .00 _, i Rowehl 118 RI'S VelOion 4 - [Snal'... Inbox - rvlicrosoft Outlook . (~l S C \)t C' '. \u~x~\ \/ '..i ll-s 2 (,,( VC',j '-l' , - ) l (r ) ; \ ( , ) (>'--c- ,'J' 1\1 (, U r,i :J . A E R I A L S . . . . . . . . I -. I I I I I I I t' I I I I I I ~ I I AERIAL PHOTO 1996 I -. I I I I I I I t' . I I I I . I ~ I I. . I III I I I I I I I , I I I I I I .. I I > -\i' ~ ~'1't ~ -;,.-" , .. AERIAL PHOTO 1978 I .. I I I I I I I t' I I I I I I .. I I ., I AERIAL PHOTO 1966 I ,. I I I I I I I t' I I I I I I ~ I I ., \.~ Is I I I I ~. . -' ,. .' . >,:. ~ ..... ~ ~/ JII')_ .- ~\/ ..' .'/ AERIAL PHOTO 1955 I -. I I I I I I I t' I I I I I I .. I I AERIAL PHOTO 1938 rLJ,. ~= >- .~ ~ . . . N N/D/r ALBERT KRUPSKI I SURVEY OF PROPERTY 1 DD RYA Fl°° , 612 ((DEED) — AT CUTCHOOUE _ _aeo.os (AGT(DA' )- — — — — TOWN OF SOUTHOLD _ n° Fl= — — SUFFOLK COUNTY, N. Y. A NB2'04'40"E — — 1000-97-04-19 — — 1 SCALE.' 1=50' z — — — JUNE 19, 2007 JULY 03, 20077revls/onl � V < I I I P r - I I I A I I I I FINAL II I II I SURVEY z I I I I o I I I z I I I W ID wNEI'ARD I V cn I wx�3'ARD I I I N _ I II II I I DEVELOPMENT RIGHTS EASEMENT ARE I 9.79,41 ACRES I o I I I Ln A I I I � I I II II I I z\ I I I I Z I I I J m I I I _ _ - - - _ _ - -- I - - - — _ _ - - - - I — I n u r - o I I I I m R• m I I I I o 3 z z K F\ I MN ARD I I M!E✓ARO I (!7 I I I I I I I I L - - - - - - I I I I I II I I I I I o I I NN EYARD CERTIFIED TO, I rn rn TOWN OF SOUTHOLD I I d STEWART TITLE INSURANCE COMPANY, o I I I I THE UNITED-STATES.OF AMERICA I rn RICHARD P. PFEIFL'E 0 I I I I I D o CARLIN A. PFEIFLE �+i r I I I 29588' y II I m > - -I—N B425'50"E o� I n I RESERVED AREA r 1 I wxcrARo w y N o IL BO.000 S0. FT. (INCLUDING co EASEMENT k LICENSE) Til I -c I I � m a L - - - - - � 8 � ni m 4z5w12 -w I / toARE E5 I R5 io NE125`.A'E l\a,.p fil.� N� I N / z Vi S84 aY5_ r 1 N I 'L$'JrD W cn 69.36' P�x / z �0 U3 K ` u m 1313' 1'0 w of A A JUL 2 6 2007 o $ % � OLPT OF LAND N tV _ PRE9igVg1!pM 13'�9 y0'� 2r0 o �F hkgg may, 5y5 g ' ■=MONUMENT �y G ANY AtTERA77ON OR ADD117ON TO THIS SURVEY IS A WOLAnON N. N 618 OF SEC77ON 7209OF THE NEW YORK STATE EDUCA 77ON LAW. PECONIC SUR AREA=11.6307 ACREAS EXCEPT AS PER SEC77ON 7209-SUBDIWSION 2. ALL CERTF7CA77UNS (631) 765-50 } 797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY lF P.O. BOX 909 SAID MAP OR COPIES BEAR THE 1MPRESSED SEAL OF THE SURVEYOR 12JO g 4 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD N. Y. 11971 —1 BO . A E R I A L M. A p . . •.' .,_ .: . �\ • c.'r: � \ .' ..:� ,A .�� `� �.'} fig, .✓�' �t 7 ..'l . _ Y ve s. yy 4 f Southold k F Town o x Town Board ■ o _ .q. •'<h Pf � � A � �� a,: �1 � am+" ., e Public Hearin 4r . ..} ,L n1 I. kN ' ! e Town Development Ri ghts Purchase - rt o {• 1 x . a v.a Pfeifle > �" �,= SCTM# 1000-97.4-19 G a Y 5 ^ c r N ° .0 0 { 'iyl 6 �.d•^ `�arfP r re ]`rI �i i�l�il (� ' yEi { N, R p EYN, y ORD u , , f ^ y n e 4 � 4 F r Y , , , t ;I � I k t N rl } \,.. ,�ni'..' Ti`A.... y( i.�j Vie, ,�` 4,f f•� 5% ��+s'"'ena i ,�1� J� �.E4 � � ,:w".k s s t+ a a 1 Sr w Y 4 , r Map Prepared b , Y x : R� Town of South old GISd 2007 June 21 , x:. WE