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HomeMy WebLinkAboutNature Conservancy~'""'"" RESOLUTION 2008-644 ~`~®~,~1 ADOPTED DOC ID: 4021 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-644 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A Russell to execute the Grant Agreement and Notice of Grant Agreement with The Nature Conservancy for acceptance of $325,000 in grant funding towards the purchase of the part of the "Stackler" property identified as SCTM #1000-53-1-18 located in Pipe's Cove . Greenport, New York, subject to review by the Town Attorney. The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre parcel being a part of the "Stackler" property acquired for conservation and passive recreation purposes pursuant to the Town's Community Preservation Fund Program. Q Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell CC # : C08-11687 ® ~. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original AGREEMENT recorded in my office on 07/22/2008 under Liber D00012558 and Page 828 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07122/2008 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 07/22/2008 Number of Pages: 6 At: 11:32:48 AM Receipt Number 08-0069954 TRANSFER TAX NUMBER: 07-32639 LIBER: D00012558 PAGE: 828 District: Section: Block: Lot: 1000 053.00 01.00 018.000 MORTGAGE TAX NUMBER: CZ021048 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO Affidavit $0.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $7.50 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Mort.Basic $0.00 NO Mort.Addl $0.00 NO Mort.SplAddl $0.00 NO Mort.SplASSt $0.00 NO Fees Paid $85.50 TRANSFER TAX NUMBER: 07-32639 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 2 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed /Mortgage InsWment 4 Deed /Mortgage Tax Stamp Page /Filing Fee Handling TP-584 S Notation EA-52 17 (County) EA-5217 (State) Sub Total ~~ RP.T.S.A. ~~~ Comm. of Ed. 5 00 Affidavit Certified Copy ~ _~ 1 v Reg. Copy ^~ j Sub Total ~ /• ~ O Other ~iC~ GRAND TOTAL b /~ 3 Recording /Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total _ Spec./Assn. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment 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 -~ ~ ~ S Real Property Tax Service Agency Verification 6 Community Preservation Fund ^+~~ Section Block Lot Consideration Amount $ {~' 1000 05300 0100 018000 Stamp i~ - CPF Tax Due $ PTS Date R LPA A Improved .1UL-08 i " Initials Vacant Land ~ Satisfactions/Discharges/Releases List Properly Owners Mailing Address TD RECORD & RETURN TO: ~\ M o `` 11 ~oS~ t" ©S~ ~l TD `~e N~ ~(\S~JQf~ TD \°~~ l~~ Dames ~.~5, ~ o ~`~0.n~ ~~ ~~OS s Title Company Information Co. Name STD-'8o ~a~ 3 Title # S At~T "TLS 9 Suffolk Count Recordin & Endorsement Pa e This page forms part of the attached ~Ja fire ~~ ~ fTCri~o ty~ ~. made b ~ Y~ (SPECIFY TYPE OF INS'PkUMENT ) ~O ~ ~ ~ ~ J ~ ~ ~ `~ The premises herein is situated in SUFFOLK COUNTY, N~EW`YOR~K. TO In the Township of ~~--~o~,.F~`~ 1`-'~1~2. ~ RSes-uG~(\Cl~r _ In the VILLAGE or HAMi.ET of ~j I~E'U~~Zj ~" BOXES 5 THIZU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. rnvcoi Notice of Grant Agreement June 27, 2008 The Town of Southold, a municipal corporation with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York, and its successors and assigns (hereinafter referred to as the "Town") acknowledges that the property described in Schedule A attached hereto, further identified as Suffolk County Tax Map Pazcel Number:1000-053- 00-01-00-018-000 (10.256 acres), (hereinafter "the Squirrel Island Property"), is acquired in part with a $325,000.00 grant from The Nature Conservancy, Inc. (hereinafter called the "Conservancy"), anon-profit corporation incorporated under the laws of the District of Columbia, having its headquarters at 4245 North Fairfax Drive, Arlington, Virginia 22203 and maintaining a New York State office at 195 New Karner Road, Albany, New York 12205. The Town acknowledges that the Squirrel Island Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-teen conservation of open space, wildlife habitat, preserving the Peconic Estuary watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any activity on, or use of, the Squirrel Island Property that is inconsistent with these purposes and shall restore such azeas or features of the Squirrel Island Property that may be damaged by any inconsistent activity or use. The Town acknowledges and agrees that the Squirrel Island Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Squirrel Island Property for conservation purposes, and the restrictions contained herein aze extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Squirrel Island Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of the Conservancy: either (1) acquire title to another parcel of real property of equal value that serves the same or similaz purpose as the original property and manage the newly acquired real property for same or similaz purposes specified in the original Grant Agreement, or (2) repay the Conservancy, in cash, its proportionate share of funds invested in the original purchase price (The Conservancy's proportionate share is hereby determined to be 32.6% of the total), or repay the Conservancy, in cash, its proportionate shaze of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third- party designated or approved by the Conservancy. IN WITNESS WHEREOF, the Town of Southold and The Nature Conservancy, Inc. have set their hand and seal on the dates set forth below. Town of Southold By: Scott A. Russell Town Supervisor The Nature Conservancy, Inc. By: - sal Shauna M. DeSantis Assistant Secretary State of New York ) ).ss.: County of ) On the ~ day of m the year 2008 before me, the undersigned, personally appeazed Scott A. sae personally known to me or proved 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 s/he executed the same in her/his capacity, and that byher/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. • d ~9-rr-,l1e~ Notary Public uN^A~cooPta State of New York ) LiNpp ~ COOPER NOTARY P) ~ 'Mate of New York ~Q.O1C03 _; `folk County ).ss.: NOTARY PUBLIC, State of New Y~rm Ex ue ~ t . 2o_ County of ~I~~ ) T~m Expi~e ZDece'mbeff 31, 20.L P On the ~ day of June in the year 2008 before me, the undersigned, personally appeazed Shauna M. DeSantis personally known to me or proved 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 s/he executed the same in her/his capacity, and that byher/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. --'-- Record & Return To: The Nature Conservancy Attn: Legal Department 195 New Kamer Road Albany, New York 12205 ~ 7~~~ Notary Pu i ~ public State ~~° ~~ No. Ot K06023216ou~ Qualified in ~hes Ot~ 9, 201+ Commission ExW R Stewart Title Insurance Company Title No: ST-S-9128 Schedule A Description (AMENDED 3/24/08) As to Lot 18: ALL that certain plot, piece or pazcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the apparent high water mark of Pipes Cove said point being the following seven (7) courses and distances from the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the azc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees ] 0 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a point; 4. South 20 degrees 44 minutes 04 seconds West, 50.00 feet to a point; 5. South 51 degrees 50 minutes 56 seconds East, 107.51 feet to a point and the appazent high water mark of Pipes Cove; 6. Thence continuing along the appazent high water mazk of Pipes Cove, South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to the true point of BEGINNING. THENCE continuing along the apparent high water mark of Pipes Cove and Pipes Neck Creek the following twenty six (26) courses and distances: l . South 20 degrees 35 minutes 18 seconds West, 214.53 feet to a point; 2. South 16 degrees 10 minutes Ol seconds West, 228.84 feet to a point; 3. South 36 degees 28 minutes 29 seconds West, 7$.69 feet to a point; 4. South 52 degees 15 minutes OS seconds West, 295.65 feet to a point; 5. South 40 degees 14 minutes OS seconds West, 151.86 feet to a point; 6. South 25 degees 37 minutes 15 seconds West, 81.02 feet to a point; 7. South 61 degrees OS minutes 04 seconds West, 127.51 feet to a point; 8. Notch 86 degees 30 minutes 10 seconds West, 89.35 feet to a point; 9. South 79 degees 51 minutes 24 seconds West, 70.16 feet to a point; 10. North 57 degees 19 minutes 36 seconds West, 83.55 feet to a point; 1 I .North 41 degees 41 minutes OS seconds East, 47.51 feet to a point; 12. North 25 degees 14 minutes 16 seconds West, 31.17 feet to a point; l 3. South 77 degees 12 minutes OS seconds East, 214.43 feet to a point; l4. North 47 degrees 44 minutes 29 seconds East, 74.87 feet to a point; l5. North I S degrees 39 minutes 10 seconds East, 52.97 feet to a point; 16. North 48 degees 23 minutes 03 seconds West, 47.00 feet to a point; 17. North 12 degees 28 minutes 43 seconds West, 55.79 feet to a point; 18. North 08 degees 36 minutes 08 seconds East, 86.23 feet to a point; 19. North 64 degees 10 minutes 16 seconds West, 54.96 feet to a point; 20. North 82 degrees 22 minutes I 1 seconds West, 58.49 feet to a point; 21. North 37 degees 32 minutes 40 seconds West, 84.60 Feet to a point; 22. North 03 degees 19 minutes 23 seconds East, 85.83 feet to a point; 23. North 26 degees 10 minutes 22 seconds East, 315.55 feet to a point; 24. NorIt141 degrees 33 minutes 11 seconds East, 164.65 feet to a point; 25. North 52 degrees 39 minutes 00 seconds East, 144.81 feet to a point; 26. North 33 degrees 59 minutes 29 seconds East, 65.58 feet to a point; THENCE South 69 degrees 24 minutes 38 seconds East, 410.24 feet to the point or place of BEGINNING. ~ Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the neazest public way. PRIVATE GRANT AGREEMENT Accountino Information TNC Center No: 2320219185 Subcenter: -0019 TNC Account No: June 27,2008 Town of Southold Scott A. Russell, Supervisor 53095 Route 25, P.O. Box 1179 Southold, New York 11971 Re: Grant No.: FYOSSoutholdStackler062708 Dear Supervisor Russell, We are very pleased to inform you that The Nature Conservancy (the "Conservancy') has agreed to make this Grant to The Town of Southold (the "Town") in the amount not to exceed $325,000. The grant is made pursuant to the attached Notice of Grant Agreement which will be recorded by the Town in the appropriate County Clerk's Office. I. OBJECTIVE AND CONDITIONS The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre Squirrel Island Property in Pipe's Cove, Greenport, NY, (hereinafter the "Property') for conservation and passive recreation purposes and pursuant to the Town's Community Preservation Fund Program. The Town acknowledges that the Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-term conservation of open space, wildlife habitat, preserving the Peconic Estuary watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any activity on, or use of, the Property that is inconsistent with these purposes and shall restore such areas or features of the Property that may be damaged by any inconsistent activity or use. The Town acknowledges and agrees that the Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the Property to ensure that the Property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of The Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Property for conservation purposes, and the restrictions contained herein are extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of The Conservancy: either (1) acquire title to another parcel of real property of equal value that serves the same or similar purpose as the original property and manage the newly acquired real property for same or similar purposes specified in the original Grant Agreement, or (2) repay The Conservancy, in cash, its proportionate share of funds invested (The Conservancy's proportionate share is hereby determined to be 32.6% of the total) in the original purchase price, or repay the Conservancy, in cash, its proportionate share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third-party designated or approved by The Conservancy. II. TERM The start date of this Grant is July 3, 2008 and shall remain in effect pursuant to the terms and conditions of this Agreement. III. REPORTING The Town shall submit to The Nature Conservancy on Long Island a recorded fully executed copy of the attached Notice of Grant Agreement and the recorded deed for the Property. IV. PAYMENTS A one time disbursement in full of $325,000 will be made on or about July 3, 2008. V. EXPENDITURE LIMITED TO DESIGNATED PURPOSES Grant funds may be spent only for the purpose of acquiring the Property. Expenditure of Grant funds is subject to modification only with the Conservancy's prior written approval. Any Grant funds not expended or committed for the purposes of this Grant must be returned to the Conservancy. The Conservancy and the Town of Southold have previously agreed, as set forth in Town Board Resolution #770 of 2004 dated 10/19/04 to work together on a management plan for the entire Pipe's Cove Area, including the Squirrel Island Property after it has been placed in Town ownership. The Conservancy may monitor and evaluate the Property to insure that it is being managed for the purposes agreed to in the attached Notice of Grant Agreement. This may include visits by Conservancy personnel and agents to the Property, discussions with the Town's personnel, and review of financial and other records and materials related to the purchase of the Property, financed in part by this Grant, in an effort to determine whether the Town's activities meet the Conservancy's funding objectives. VI. PROVIDING FUNDS TO OTHERS The Town is prohibited from using the Conservancy's funds and/or assets for grants to others without the Conservancy's written permission. VII. DISCLOSURE OF INTERNAL CONFLICTS OF INTEREST The Town must disclose to the Conservancy any proposed use of funds and/or assets for activities in which there is an apparent or actual conflict of interest between the Town and its employees, board members, or close relatives of the Town's employees or board members and make such expenditure subject to prior Conservancy approval.; VIII. PROCUREMENT The Town will follow its own policies with regard to documentation of closing and maintain that documentation in their organization's files. IX. RECORDS AND AUDITS The Town agrees to maintain books, records, documents and other evidence pertaining to all costs and expenses incurred in connection with the acquisition of the Property. These records shall be maintained for a period of three years after the final expenditure report is submitted. The Conservancy and its auditors (internal and external) will have access to all records relating to the award for three years after the final financial and programmatic reports for the award have been submitted to the Conservancy, unless local law requires a longer retention period. X. SEGREGATION OF COSTS The Town will segregate the costs of the project described herein from other projects that it currently administers. XI. JUSTIFICATION OF SALARY EXPENSES N/A XII. TITLE TO AND USE OF PROPERTY Title to any property purchased with Award funds vests in the Town. XIV. ACKNOWLEDGMENTS The Town agrees to acknowledge the Conservancy's support of the project on appropriate media announcements, programs and publications. XV. ASSIGNMENT This Award may not be assigned by the Town in whole or in part without the prior written consent of the Conservancy. XVI. NO AGENCY No legal partnership or agency is established by this Award. Neither party is authorized or empowered to act as an agent, employee or representative of the other, nor transact business or incur obligations in the name of the other party or for the account of the other party. Neither party shall be bound by any acts, representations, or conduct of the other. XVII. LIABILITY The Town shall be solely responsible for the payment of any and all claims for loss, personal injury, death, property damage, or otherwise, arising out of any act or omission of its employees or agents in connection with the acquisition of the Property. The Town agrees to indemnify and hold the Conservancy harmless from any and all claims, loss, damages, costs and expenses, including attorney fees through the appellate levels, made against or incurred by the Conservancy arising out of this acquisition performed by the Town under this Award, or arising out of any act or omission of the Town. XVIII. USE OF CONSERVANCY NAMEILOGO The Town may not use the Conservancy's logo in any way without prior written consent from the Conservancy with the exception of acknowledgement the Conservancy's support of the project on appropriate media announcements, programs and publications. XIX. TAXES The Town agrees to be responsible for any and all filing and payment of taxes and for compliance with any and all provisions and requirements arising under any applicable tax laws. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld or paid by the Conservancy on behalf of the Town, or employees of the Town. If appropriate, the Conservancy shall report all fees paid to the Town to the IRS on Form 1099. XXIV. COMPLIANCE WITH LAWS The Town represents, warrants, and agrees that, in connection with the transactions contemplated by this Award: (a) the Town shall obtain, at its own expense (except to the extent otherwise explicitly stated in this Award) any permits or licenses required for the Town's services under this Award; and (b) the Town shall comply with all statutes, laws, ordinances, rules, regulations, court orders, and other governmental requirements of the United States, the State of New York and any other jurisdiction(s) in which the Town is organized or authorized to do business, including but not limited to any applicable anti-bribery statutes, which are applicable to the work to be done by the Town under this Award (in each case, an "Applicable Laval'). The Town shall not take any actions that might cause the Conservancy to be in violation of any of such Applicable Laws. XXV. CERTIFICATION FOR CONFLICT OF INTEREST DETERMINATION The Town certifies that the information it has provided on the Attachment entitled "Disclosure Form" is true and correct to the best of the Town's knowledge. In the event that any material misrepresentation in the Disclosure Form is discovered during the term of this Award, the Conservancy may elect to declare this Award null and void and immediately terminate it. Notice of termination shall be given to The Town's address listed on page 1. XXVIII. CHOICE OF LAW/FORUM This Award shall be interpreted, construed and governed by the laws of New York and such laws of the United States as may be applicable. In the event of any litigation aver the interpretation or application of any of the terms or provisions of this Award, the Conservancy and the Town agree that litigation shall be conducted in the State of New York. XXIX. BINDING EFFECT/AMENDMENTS This Award shall become binding when signed by the parties. This Award supersedes all prior or contemporaneous communications and negotiations, both oral and written and constitutes the entire Award between the parties relating to the work set out above. No amendment shall be effective except in writing signed by both parties. XXX. SEVERABILITY If any provision of this Award is held invalid, the other provisions shall not be affected thereby. TOWN OF S HOLD By: Scott A. Russell Its: Town Supervisor THE NATURE CONSERVANCY C~/~~~~ By: Shauna M. DeSantis Its: Attorney/Assistant Secretary 7-~-~ Date: (~ ` o~ ~ ' © g EXHIBIT A Notice of Grant Agreement June 27, 2008 The Town of Southold, a municipal corporation with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York, and its successors and assigns (hereinafter referred to as the "Town") acknowledges that the property described in Schedule A attached hereto, further identified as Suffolk County Tax Map Parcel Number:1000-053- 00-O1-00-018-000 (10.256 acres), (hereinafter "the Squirrel Island Property"), is acquired in part with a $325,000.00 grant from The Nature Conservancy, Inc. (hereinafter called the "Conservancy"), anon-profit corporation incorporated under the laws of the District of Columbia, having its headquarters at 4245 North Fairfax Drive, Arlington, Virginia 22203 and maintaining a New York State office at 195 New Kamer Road, Albany, New York 12205. The Town acknowledges that the Squirrel Island Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-term conservation of open space, wildlife habitat, preserving the Peconic Estuazy watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any activity on, or use of, the Squirrel Island Property that is inconsistent with these purposes and shall restore such areas or features of the Squirrel Island Property that may be damaged by any inconsistent activity or use. The Town acknowledges and agrees that the Squirrel Island Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Squirrel Island Property for conservation purposes, and the restrictions contained herein are extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Squirrel Island Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of the Conservancy: either (1) acquire title to another pazcel of real property of equal value that serves the same or similar purpose as the original property and manage the newly acquired real property for same or similaz purposes specified in the original Grant Agreement, or (2) repay the Conservancy, in cash, its proportionate share of funds invested in the original purchase price (The Conservancy's proportionate share is hereby determined to be 32.6% of the total), or repay the Conservancy, in cash, its proportionate shaze of the current fair mazket value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third- party designated or approved by the Conservancy. IN WITNESS WHEREOF, the Town of Southold and The Nature Conservancy, Inc. have set their hand and seal on the dates set forth below. Town of Southold By: Scott A. Russell Town Supervisor The Nature Conservancy, Inc. Bv: Shauna M. DeSantis Assistant Secretary State of New York ) ).ss.: County of ) On the day of in the yeaz 2008 before me, the undersigned, personally appeazed Scott A. Russell personally known to me or proved 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 s/he executed the same in her/his capacity, and that byher/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. State of New York ) ).ss.: County of ) Notary Public On the day of June in the yeaz 2008 before me, the undersigned, personally appeared Shauna M. DeSantis personally known to me or proved 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 s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public Record & Return To: The Nature Conservancy Attn: Legal Department 195 New Kamer Road Albany, New York 12205 06/20/2008 15:17 6313290215 NATURE CONSERVANCY PAGE 05/08 06/20/2008 15:10 6317656640 n ~; LAND PRES st~wart Title Insurance Company Tithe No: ST-S-9] l8 Schedule A Description (AMENDED 31?A/08} As lrr Lot L8: PAGE 05 ALL that certain plo; piece or patrol of land with the buildings and improve menu tltareon erected, situate, lying and being at Crreenpor; Town a£ Southold. County of Sutt'oIk and The State ofNew York, more particularly hounded and described as follows: BEGINNING at a point along the apparent high water mark of Pipes Cove ~ aid point being the following scv¢a (7} courses and distances fivm the intetsectioa of the We, terly side of Silvetmere Road with @ae Southerly side of Share Drive; 1. Along the arc of a curve to the le8 having a radius of 2,7$2.00 feet and a lcagth t f 506.58 feet to a point; 2. South 06 degrees 10 minutes O6 seconds Eas; 732.70 fact to a point; 3. South 38 decrees 09 minutes D4 scconfls West, $50.00 feet to a point; 4. South 20 degrees 44 minutes 04 secoads Wes; 50.00 feet to a point; 5. South 51 degrees SO minutes 56 seconds last, 107.51 tl'et to a point and the apps rent high water mark of Pipes Cove; d. Thence oontiatring along the apparent high wator murk o£Pipes Cove, South 35 t egrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds Wes; 165.82 feet to the true point of BI'GAVNING, TFLENCTi continuing along the apparent high watermark of Pipes Cove and pipes Ncek Crook the following twenty six (Z6) courses and distances: I . South 20 degrees 35 minutes 1$ seconds West, 214.53 feet to a. point; ,,.... 06/20/2008 15:17 6313290215 NATURE CONSERVANCY • 06/20/2008 15:10 6317656640 LANA PRES '"' 2. South 16 degees 10 miautes 01 seconds West, 228.84 feet to a point; 3. South 3G degrees 28 minutes 29 secot+ds Wesk 7$•69 fed to a poira; 4. South 52 degrees 1S mfnut¢s OS secoads Walt, 295.65 feet to apoint; S. South 40 degrees 14 minutes 05 seconds West, 151.Sfi feet to a point: 6. South 25 dew 37 minutes 15 soennds Weak 81.02 foot to a point; 7. South 6l degtme OS minutes 04 seconds Welk 127.51 feet to a point; 8. North 86 degrees 30 miatttes ] 0 seooads West, 89.35 feet to a point; 9. SouUt 79 degrees 51 minutes 24 seconds West, 70.16 feet to a point; 10. North 57 degrees 19 minutes 36 seconds Wcsk 83.55 feet to a point; 11. North 41 degrees 41 minutes OS seconds East, 47.51 feet to a point; 12. North 25 degrees 14 minutes 16 seconds Weak 31.t 7 Feet to a point; ] 3. South 77 dcgroes ]2 minutes OS seconds Eesk 214.43 tact to a point; 14. North 47 degrees 44 minutes 29 sccoada East, 74,87 £eet to a point; 15. NaNt I S degrees 39 minutes 10 seconds East, 52.97 feet to a point; 1G. North 4R degrees 23 minutes 03 seconds West, 47.00 feet to apoint; ] 7. North l2 degroes 28 minutes 43 seconds West, 55.79 feet to a point; 1 B, North OS degrees 36 minutes OB seconds Erik 86.23 feet to a point; T 9. Noah 64 degrees 10 miautes 1 G seconds West, 54.9fi feet tq a point; 20. North 82 degrees 22 minutes 11 seconds West, 58.49 feel to a point; 21, North 37 degrees 32 minutes 40 seconds Welk 84.60 feet to a point; 22. North 03 degrees 19 minutes 23 seconds fast, 85.83 fvef to a point; 23. North 26 degrees 10 minutes 22 seconds EasC, 315.55 feet to a point; 24, Iv orth 41 degrees 33 minutes 11 seconds East, 164.65 feet to a point; PAGE 06/08 PAGE 06 06/20/2008 15:17 6313290215 NATURE CONSERVANCY PAGE 07/08 06/20/2008 15:10 6317656640 LANp PRES PAGE 07 2S. North 52 degrees 39 minutes 00 seconds East, 144.81 feet to a point; 26. North 33 degrees 59 minutes Z9 saconds East, 65.58 feet to a point; TH)EPICE South 69 degrees 24 minutes 38 seconds East, 410.24 fee4 to the poittt or place ofBEGI]VV1+1WG. Together with an oesanent over Shore ptive as laid out on Map of Greenport Shen ~s to qtc nearest public way. t