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Home My WebLink AboutPeconic Land Trust (Charnews)1000-63-1-25.4 (f/k/a SCTM #1000-63-1-p/o 25 "Charnews" property) Baseline Documentation Premises: 3005 Youngs Avenue Southold, New York 21.0430 acres Development Rights Easement PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Easement dated June 9, 2008 Recorded June 17, 2008 Suffolk County Clerk - Liber D00012554, Page 763 SCTM #: Premises: 1000-63-1-25.4 (f/k/a #1000-63-1-p/o 25 "Charnews" property) 3005 Youngs Avenue Hamlet: Southold Purchase Price: Funding: $1,683,440.00 (21.0430 buildable acres $80,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 23.4004 acres Development Rights: 21.0430 easement acres Non Ag Structure Area = 16.1247 acres Ag Structure Area #1 = 4.0 acres Ag Structural Area #2 = 0.9183 acres Reserved Area: 2.2968 acres Driveway Reserved Area: 0.0606 acres Zoned: R-80 Existing Improvements: June 2008 - framed barn and adjacent small framed building; pump house INTRODUCTION 16 Location: Size and Shape: Soil Condition And Topography: Easements and Encroachments: Utilities: Ingress and Egress: Flood Zone: SITE DESCRIPTION The subject site is located on the westerly side of Youngs Avenue (Railroad Avenue) approximately 349 feet south of North Road (C.R. 48) and extends to the easterly side of Horton Lane in the hamlet of Southold, Town of Southold, County of Suffolk, State of New York. The subject property that is the subject of this appraisal has land area of 20.40 acres and is irregular in shape. The parcel has approximately 494 feet of frontage on Youngs Avenue (Railroad Avenue) and 584 feet of frontage on Horton Lane. The subject property lies in the R-80 residential zoning district of the Town of Southold. The site is level and covered with grass. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. No easements of an adverse nature were indicated and none are assumed to exist, other than normal utility easements. Utilities are available at the site. Street maintenance, police and fire protection area are provided by the Town of Southold. Gas and electric are provided by the Long Island Power Authority. Currently, access to the site is via Youngs Avenue (Railroad Avenue) and Horton Lane. The subject property does not appear to be within 500 feet of a flood hazard according to the flood map # 36103C0158G dated 5/4/1998. BRUNSWICK APPRAISAL CORP. P R 0 P E R T Y V I S U A L S I I I I I I I I I ! I I ~TRODUCTION 19 District 1000 Section 63 Block 1 p/o Lot 25 I BRUNSWICK APPRAISAL CORP. ! I I I I I I ! I I ! ~TRODUCTION 2 PHOTOGRAPH OF SUBJECT PROPERTY BI[UNSWICK APPRAISAL CORP. [ I I I I I I I 1 1 INTRODUCTION BRUNSWICK APPRAISAL COP, P, 3 ! I I I I I I I I I INTRODUCTION 17 m~t~swicx Av~,~S~ CoP, P. ! I I I I I I :,: ! ! I ~TRODUCTION AERIAL VIEW OF SUBJECT PROPERTY BRUNSWICK APPRAISAL CORP, ! I I I ! ! I ! ! ! ~TRODUCTION Neighborhood Map 15 E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment 3005 Youngs Avenue 1.o SVMMA Y 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 Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 23.5 acre parcel of partially developed land located on the west side of Youngs Avenue, approximately 425 feet south of North Road (CR 48). The property is more particularly described as Suffolk County Tax Map # 1000-063-01- 25. The subject property consists of a single family house, a large barn, several small sheds and a pump house located in field which is part of the site. The house, barn and small sheds are located in the southeast comer of the property on a 3.0~ acre area. The remaining area of the property is fallow farmland that has not been farmed for approximately twenty (20) years. An irrigation well and pump house are located in the south central portion of the property. A 275 gallon underground diesel fuel storage tank which supplies fuel for the pump engine is located on the east side of the pump house. The house is a two and a half (2½) story wood framed structure situated on a brick and concrete block foundation which forms a partial basement and crawl space. The exterior of the house is currently sided with vinyl siding; however, asbestos shingles are present beneath the siding. An asphalt shingled roof was observed on the house. An oil-fired boiler located in the basement provides heat through steam pipes located throughout the house. The steam pipes were observed to be wrapped with pipe insulation that is suspected to contain asbestos. The pipes closest to the boiler were fitted with fiberglass insulation when the boiler was replaced several years ago. A natural gas-fired hot water heater is located in close proximity to the boiler. A 1,000 gallon underground fuel oil storage tank is located on the north side of the house. A water supply well is located off the west side of the house and is connected to a filtration system located in the basement. An old well is located in a pit in the basement of the house. This well was taken out of service when the new well was installed; however, the well has not been properly abandoned. According to Mr. Ray Chamews, a property owner the house was originally constructed in 1889 and an addition was added in 1926. 3005 Youngs Avenue, Southold Phase 1 ES?, The large barn located off the west side of the house was constructed in 1930 and has been utilized for the storage of hay, farming equipment and supplies. This structure has a wood frame, wood sheathing exterior, an asbestos and asphalt shingle roof and a concrete floor that was reportedly installed in the 1940's. Currently, the barn contains a tractor, two (2) pickup tracks, a car, a boat, numerous plastic and steel drams (the majority of which are empty) and lobster traps. Staining was observed on a cardboard pad and on the concrete floor beneath the tractor. No floor drains or cracking were observed in the area of the staining. Several plastic and steel drums were observed in the barn. The majority of these drums were empty, open and utilized to store farming items. Two (2) of the steel drams contained motor oil and had spouts protruding from the top. Several small glass and plastic containers were also observed in the barn. The contents of these containers are tmknown since the labels were either faded or removed. Numerous five (5) gallon gasoline containers were present in the barn. All of these containers appeared to be empty and were reportedly used to fuel the farming equipment. The remaining structures consisted of three (3) small sheds and an outhouse that is no longer in use. One (1) of the sheds was utilized as a garage for equipment and has an open side; one (1) was used for storage of hand tools and small equipment; and, the last shed was utilized as a pesticide storage shed. Some staining was observed on the wood floor in the area of the shed entrance. No Sanbom map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1969, 1976, 1980, 1994 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. The subject property consisted of farmland and the existing house and barn were evident in all of the aerial photographs. An extensive government records search found no potential sources of environmental degradation on the subject property. Several State and County documented regulated sites was noted in the vicinity of the subject property. Specifically, one (1) active and six (6) closed spill incidents are located within one-half (0.5) mile and two (2) Petroleum Bulk Storage (PBS) facilities and three (3) RCRA Generators are located within one quarter (0.25) mile of the subject property. In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The soil surrounding the underground fuel oil storage tanks located on the north side of the house (1,000 gallons) and the east side of the irrigation well pump house (275 gallons) should be sampled and analyzed to determine ifa prior release has occurred. The numerous drums, containers and gasoline containers should be removed and properly disposed of in order to prevent a future spill. If the pesticide shed is removed or moved, the soil beneath the shed should be sampled and analyzed for the presence of pesticides and metals. Page 2 of 25 3005 Youngs Avenue, Southold Phase 1 ESA If the property is to be developed for residential purposes in the future, the farmland portion of the property should be sampled and analyzed for the presence of pesticides and heavy metals. The old private water supply well located in the basement should be properly abandoned in accordance with State and local regulations since the well is no longer in service. The purchaser of the properly should be aware that the property is located in an area the Health Department has identified as experiencing groundwater contamination due to pesticides. Page 3 of 25 NELSONjPOPE & VOORHIS~LLC CHARLES J VOORH~S, CEP. AICP · VICTOR BER~ F~E · ARTHUR J. KOERBER, RE JOSEPH R. EPIFAN~A, RE o ROBERT G. NELSON, JR, RE · PAUL M RACZ, PLS THOMAS F LEMBO, PE · GREGORY D PETERMAN, P. LS. GARY S BECKER, RE · ERiC J McFERRAN, P.E Melissa Spiro Land Preservation Town of Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: June 5,2008 3005 Youngs Avenue, Southold NP&VJob# 08078 Dear Ms. Spiro: Nelson, Pope & Voorhis, LLC (NP&V) completed a Phase I Environmental Site Assessment (ESA) dated April 11, 2008 which issued several recommendations one of which was for soil sampling around two (2) uqderground storage tanks located on the subject property. As a result, a Limited Phase Il ESA dated April 15, 2008 was completed which indicated that the tank located on the north side of the house did not exhibit any elevated concentrations indicative of a prior release. However, the samples collected from the soil surrounding the tank located on the east side of the irrigation pump house exhibited concentrations in excess of the New York State Department of Environmental Conservation (NYSDEC) guidance values. Based on the sample results, the NYSDEC Spill Hotline was contacted to report a spill. This tank and the contaminated soil were removed under the auspices of the NYSDEC. Upon the receipt of the all the necessary documentation, the NYSDEC issued a letter closing the spill file on April 23, 2008. In conclusion, Nelson, Pope & Voorhis has completed Phase I & Il ESA reports and witnessed the removal of the leaking tank and contaminated soil as a representative for the Peconic Land Trust. Based on our observations and the NYSDEC closure letter, no further work is necessary regarding the spill which occurred on the subject property. Please note the other recommendations issued in the Phase I ESA may not have been completed at this time. Please do not hesitate to contact our office if you have any questions. SJM/tbs Very truly yours, JUN - 9 2ooa PRESERVATION NEI,SON, POPE & VOORHIS, LLC 3-x' Steve, nJ .McGinfi AICP T~Ta~to~ located in c~ntmt of barn Boat and covered car ill sOUtllern section of barn eqmpmem Staining on wood floor of former pt:sucide shed Tool shed on wesl side ( house boile~: and gas fired hot water heater in basement Oil filter attached to supply and return lines for UST Old w~l/n basemen~ interior of old well Suspected Asbcsto~ ~hingled i'ooi FIGURF 1 LOCATION MAP Source: DeLorme Street Alias Scale: NTS NORTE + LH 3005 Youngs Avenue, Southold Phase I ESA ~ A--C F~GURE 4 Source: Town of Southold Zoning Map Scale: I -- 800' Phase I ESA HaA H~ SOILS MAP Source: Sufl~olk County Soil Survey Scale: 1" = 800' $outhOld NORTI-I FIGURE 6 TOPOGRAPHIC MAP Source: USGS Topographic Quadrangle, Southold ScaLe: 1" -= 800' 3005 Youngs Avenue~ Southold Phase I ESA " , S167~9 / ~"' 3.580~ S53324 5 700 460 3.370 ~756'~-, Source: USGS Water Resot rces Investigation Report, 2002 Scale: 1" = 8;000' $outhOld '... .J / FIGURE 8 WATER MATN MAP Som'ce: SCWA Distribution Map, 2007 Scale: NTS Phase ! ESA Source: NYSDECFmsh~atefWetlands Map, Southold 1' =800' NORTH + SouthOld ZONE X FIGURE 10 FLOOD MAP Source: FEMA FIRM Map, Panel 166 Scale: 1" = 600' PL ~I~wn Creek 3005 Youngs Avenue, Phase I ESA Toxics Targeting 1 Mile Radius Map 3005 Youngs Avenue Southold, NY 11971 N National Pdod~ List (NPL) Suffolk Count~ in~t. Haz Waste Disp, ~ Regist¢/Q~lifyir~ RcRA CO~o.~,e ~ Actior~ [~i!i~ Tracks Toxics Targeting 1/2 Mile Radius Map 3005 Youngs Avenue Southold, NY 11971 N CERCUS Superfur~d E~3 Non-NFRAP Site Storer, Disposer Waste Disposal Site Locadon Border Radius Sufl'olk County ODelisted NPL Site E~3 CERCLiS Super~ad NFRAP Site Tracks Toxics Targeting I/4 Mile RadiUs Map 3005 Youngs Avenue Southold, NY 11971 N Chemical Storage Toxic ~- Count/ Suffoik County Petroleum Bulk Storage Facllity Hazardous Was~ Generator, Tra~sp, Toxics Targeting 1/4 Mile Closeup Map 3005 Youngs Avenue Southold, NY 11971 N List (NPL) * I~ NOmNFRAP Site Suffolk County 1/4 Site Counf~/ Border Radius · i Mile Search P~dlus 1/4 **' 1/4 Mile Search Radius ~ wate~dy A P P R A I S A L R E S O L U T I O N MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-571 l Facsimile (63 l) 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 LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, February 5, 2008 at 6:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman Chris Baiz Monica Harbes Michelle Zaloom (6:40 p.m.) Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust (7:00 p.m.) Timothy Caufield, Peconic Land Trust (7:35 p.m.) Lillian Ball Eric Keil (6:30 p.m.) Commencement: The meeting began at 6:12 p.m. with four LPC members present. CHARNEWSPROPERTY SCTM #: 1000-63-1-25 Zoned: R-80 Location: 3005 Youngs Ave, Southold CPF: Yes Total Acreage: 23.5 acres (23.27 GIS) Subdividable: Yes PLT gave update (staff report). Melissa's staff repod reviewed. Melissa had meeting with Planning Staff and Chairperson of Southold Stakeholders as to preservation of farm acreage within the designated HALO area. Stephen Searl and Tim Caufield of Peconic Land Trust gave update of their proposal far preserving this agricultural land that is in the midst of other preserved farmlands and inquired if Town would be willing to participate in purchase of property by buying development rights easement. The Committee was favorable towards purchase. MOTION made by Eric Keil, seconded by Lillian Ball, to direct Melissa Spiro to commission an appraisal subject to receipt of an application from Peconic Land Trust, incorporated for sale of a development rights easement. Motion carried: 6/0 P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of May 6, 2008 RESOLUTION 2008-489 ADOPTED Item # DOC ID: 3837 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-489 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 6, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, May 20~ 2008, at 4:40 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase ora development rights easement on property owned by Peconic Land Trust, Incorporated, and being formerly known as the Charnews property. The property is identified as part of SCTM # 1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4:t: acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and thoproperty owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] HOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAI'N: Albert Krupski Generated May 9, 2008 Page 47 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 20, 2008, at 4:40 p.m, Southold Town Hall~ 53095 Main Road, Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Peeonie Land Trust~ Incorporated~ and being formerly known as the Charnews property. The proper~y is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R-80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a deyelopment rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural 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. Dated: May 6, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON May 15, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO EI,IZA. BETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney ~~ Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARiNG May 20, 2008 4:40 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ May 20~ 2008~ at 4:40 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearim, for the purchase of a development rights easement on property owned by Peconic Land Trust~ Incorporated~ and being formerly known as the Charnews property. The property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue in the R- 80 zoning district and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 19.4± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural 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 a certification here that the Town Clerk has posted it on the Town Clerk's bulletin board outside and that it has appeared as a legal notice in the Suffolk Times newspaper. Those are the only comments that I have in the file. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this proposed acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I am Melissa Spiro, Land Preservation Coordinator for the Town of Southold. I apologize for the map, we seem to be missing our easel. Although the legal address for this farm is YOungs Avenue, I just want to point out that the farm also has frontage, quite a bit of it, on Public Hearing May 20, 2008 Chamews DRE 2 Horton's Lane. The Peconic Land Trust after reviewing the potential for the Town to purchase the development rights easement on this farm with the Land Preservation Committee, pumhased the farm from the Chamews family a few weeks ago with the intent to sell the development rights to the Town and that is what we are here tonight for. The Peconic Land Trust will be speaking in a few minutes about what they intend to do with the farm. The farm has excellent agricultural soils, it is fallow right now but it was a farm for a very long time. The Land Preservation Committee reviewed the farm in conjunction with the existing preserved land in the area and they decided to recommend that the Town Board purchase the development rights on the farm with some additional scenic restrictions with regard to the placement of any future agricultural structures. There will be a designated agricultural structure reserved area, not reserved area but area designated on the farm to preserve the scenic component of the farm. Both the committee, the Land Preservation Committee and I support the preservation of this farm in order to preserve viable farmland, to preserve the scenic view shed and the community character of the Southold hamlet. Thank you. SUPERVISOR RUSSELL: Thank you. STEPHEN SEARL: Hi. Stephen Searl, project manager with Peconic Land Trust. Just a couple of words about this, a few brief words. This is going to be, this farm is going to be incorporated into our farmland access program and I wanted to sort of tell the Board a little bit more about that. Again, we have turned a comer, the Land Trust has and while we are still working on preserving land, we are also working on keeping it in production. We are working with farmers and non farmers to try to keep farmland in production. We are battling, I think an increase in restricted land values which many of you are aware of. We are trying to enhance both the diversity of farms and farmers. We are preventing estate farms and trying to retain working landscapes. And we are trying to provide an opportunity in the long term trends for new farmers. We are concerned about who is going to be farming in these next few generations, so we would like to try to help start up any new farmers begin farming. We have done this in Cutchogue, we have bought a farm, we also bought two parcels, which is a farm in Mattituck. And we are working in the Towns of Riverhead, Brookhaven and on the south fork in a number of different projects to advance this program. And the program really is to keep farmland affordable and accessible to both start up and establish farmers. This opportunity in particular came up and we thought that it was a good one in part because it was a whole farm, it was a good location, it has access to two roads in terms of market, farm market. It is surrounded, there is actually quite a bit of Peconic Land Trust preserved lands nearby, just across the streets and on Horton's and across the street on 48. And there might, in the short term, we will probably be leasing it to a farmer. In the longer term, we hope ideally to hold onto the farm and if we can, if we can raise the money, if we can do the fund raising to do that and possibly, obviously keep it in production but also perhaps to have an educational component, where we can link the community to the farming, link the Town of Southold to the farming community and so strength that bond. Thank you. SUPERVISOR RUSSELL: Thank you very much. Would anybody else like to come up and address the Town Board on this acquisition? (No response) Hearing none. Public Hearing May 20, 2008 3 Chamews DRE JUSTICE EVANS: I move we close the hearing. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLUTION 2008-538 ADOPTED Item # DOC ID: 3893 TItlS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-538 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Peconic Land Trush Incorporated~ and being formerly known as the Charnews property, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1- 25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the properly consisting of approximately 19.4~: acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further Generated May 22, 2008 Page 44 Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO O] HOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Gencrated May 22, 2008 Page 45 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only =ART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 1.~APPLICANT/SPONSO'~ (' I~.~~2. PROJECT NAME 4, PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) .~ Iooo - g~- ~- 2.5 5. PROPOSEDACTION I~: ~ New ~ Expansion ~ Modifl~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~NDAFFECTED: /~1 ~ ~ acres Initially ~ ~ ~ ~ acres Ultimately 8~ WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING ~ND USE RESTRICTIONS? ~ Yes ~ No If No, describe briefly 9. ~AT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~Residential ~ Industrial ~ Commercial ~ Agriculture ~ Par~Fores~Open Spa~ ~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NQW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDE~L. STATE OR LOCAL)? ~ Yes ~ No If Yes, list agency(s) name and pe~Wapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ Yes ~ No If Yes, list agency(s) name and permiFapprovals: 12 AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT TI~E INFORMATI.ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOVVLEDGE Applicant/sponsor name: m,~ ~,$~ ~.- S,-~.,c-,~c.,- L.~.~..'-~(~,~ C~G~,..'.exc...~.,~. Date: ~"/.,,,,'~/0 ~;. I If the action is in the Coastal Area and you are a state agency, complete the I Coastal Assessment Form before proceeding w th this assessment I OVER 1 =ART II - IMPACT ASSESSMENT (To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 61747 ff yes, coordinate the review process and use the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If No, a negative declaration may be superseded by another involved agency. [~Yes [--~No C, COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal. potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4, A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. G~..~h, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: iv- C6. Long term, shod term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes i,n use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [] No If Yes, explain bdefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA Print or ~~gency Sigrf~'re of Responsible Officer in Lead Agency Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FUL[ EAF and/or prepare a positive declaration Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding this determination '-'~'"/',~'/(~ D~ate Title of onsible Officer gigha[uFe of Preparer (If ~fferent from responsible officer) P U R C H A S E R E S O L U T I O N Southold Town Board - Letter Board Meeting of May 20, 2008 RESOLUTION 2008-540 ADOPTED Item # DOC ID: 3894 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-540 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 20, 2008: 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 a certain parcel of property owned by Peconic Land Trust~ Incorporated~ and formerly known as the Charnews property, on the 20th day of May, 2008, 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 #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue, approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold; and WHEREAS, the proposed acquisition is for a development rights easement on part of the property consisting of approximately 19.4± acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and Generated May 22, 2008 Page 49 Southold Town Board - Letter Board Meeting of May 20, 2008 WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town ('ode and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended to the Town Board that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the dcvelop:nent rights on this agricultural land; now, therefore, be it RESOLVED lhat the Town Board of the Town of Southold hereby elects to purchase a development rights easement on proper~ owned by Peconic Land Trust, Incorporated, and being ~'~rmc~ ~ kno~vn as the C,ba~'news property, purst,.~nt to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricuht~ral Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-63-1-25. The address is 3005 Youngs Avenue, Southold, New York, in the R-80 zoning district, and located on the westerly side of Youngs Avenue approximately 450 feet from the intersection of Youngs Avenue and County Road 48 in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19.4+ acres (subject to survey) of the 23.4± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. Town funding for this purchase is in conformance with Generated May 22, 2008 Page 50 Southold Town Board - Letter Board Meeting of May 20, 2008 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 (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO 0] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councilman AYES: Ruland, Orlando, Wickham, Evans, Russell ABSTAIN: Albert Krupski Jr. Generated May 22, 2008 Page 51 C L O S I N G S T A T E M E N T CLOSING STATEMENT PECONIC LAND TRUST, INCORPORATED (f/k/a CHARNEWS) to TOWN OF SOUTHOLD SCTM #1000-63-1-p/o 25 Total Development Rights Easement - 21.0430 acres Total Parcel Acreage - 23.4004 acres Non Agricultural Structure Area - 16.1247 acres Reserved Area - 2.2968 acres Agricultural Structural Area #1 - 4.0 acres Agricultural Structural Area #2 - 0.9183 acres Driveway Reserved Area - 0.0606 acres Premises: 3005 Youngs Avenue, Southold Closing took place on Monday, June 9, 2008 at 11:00 a.m., Southold Town Hall Annex Purchase Price of $1,683,440.00 (based upon 21.0430 buildable acres $80,0001buildable acre) disbursed as follows: Payable to Peconic Land Trust, Incorporated Check #96266 (6/9/08) $ 1,683,440.00 Expenses of Closing: Appraisal Payable to El/nor Brunswick, MAI Check #95755 (5/6/08) $ 2,800.00 Survey (partial reimbursement) Payable to Peconic Land Trust, Incorporated Check #96267 (6/9/08) *Survey Cost $5000 paid in full by Peconic Land Trust, Incorporated -75% charged to Town $ 3,750.00* Le.qal Description Readings Payable to Peconic Surveyors, PC Check #96404 (6/17~08) $ 700.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #96195 (6/3/08) $ 466.67 Title Report Payable to Fidelity National Title Check #96265 (6/9/08) Title insurance policy $ 7011.00 Recording easement $ 200.00 Recording C& R's $ 120.00 Certified copies $ 35.00 $ 7,366.00 Title Closer Attendance Fee Payable to Robert DeFrese Check #96264 (6/9/08) $ 100.00 Those present at Closing: John P. Sepenoski Lisa Clare Kombrink, Esq. Timothy J. Caufield Stephen Searl Susan Q. Tuths, Esq. Robert DeFrese Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Peconic Land Trust Vice President Peconic Land Trust Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst ,.OCi&S&r~,, ,:O;~i,~,051~r~t,,: r~~, O00OO~ 0,' ,~VENDOR 016140 PE~ONTf~ T,ANT) TRILqT: TN~_ H2 .8686.2.000.000 TBR538 060908 06/09.12002 ~NR¢~ 9~?~ DEV RIGHTS-21.0 1,683,440.00 TOTAL 1,683,440.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS 44 Elm Street, Suite 7 HUNTINGTON, NEW YORK 11743 (631) 421-2344 FAX (631) 424-9246 E-Mail: Bmnswickappraisalco~MSN.com Sanford S. Brunswick Elinor Brunswick, MAI State Certified General Appraisers April 14, 2008 Armand Brunswick, MAI 1881-1960 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator Chamews Property Peconic Land Tmst~ Incorporated, Contract Vendee Tax Map #: 1000-63-1-25 Location: 3005 Youngs Avenue, Southold INVOICE# 1000-02 Real Estate Appraisal $2,800 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 005409 ELINOR BRUNSWICK, M ¥=Select - JE Date Trx. Date Fund Account ............................. Beg~ 3/ 1/2008 3/ 1/2008 .600 5/06/2008 5/06/2008 .600 F2=Shift Up F3=Exit F10-Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-05062008-499 Line: 103 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 5/06/2008 SDT 5/05/08 : Trx Amount... 2,800.00 : Description.. APPRAISAL-CHARNEWS : Vendor Code.. 005409 : Vendor Name.. ELINOR BRUNSWICK, MAI : Alt Vnd.. CHECK ........ 95755 SCNB : Invoice Code. 1000-02 VOUCHER ...... : P.O. Code .... 18244 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 5/06/2008 : Date Cleared. 5/31/2008 : F3=Exit F12=Cancel : PECONIC ~URVEYORS, P.C. P.O. Box 909 1230Traveler Street Southold, N.Y. 11971 (t;31) 765-5020 · Fax (631) 765-1797 April 2, 2008 Peconic Land Trust P.O. Box 1776 Southampton, NY. 11969 FOR PROFESSIONAL SERVICES RENDERED, JOB # 08-118 SURVEY RETAINER PAID 3/19/08 BALANCE PAID 4/2/08 $ 5,000.00 $ 2,500.00- $ 2,500.00- SUFFOLK COUNTY TAX MAP 000-63-01-25 Balance due upon completion of field work Visa and Master Card welcomed VENDOR 016140 PECONIC LAND TRUST, INC. T~,Trp ACCO ? O. # ........ H2 .8686.2.000.000 TBR538 060908 06/09/2008 CHRCK 75% SURVEY REIMB TOTAL 96297 3,750.00 3,750.00 TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 PECONIC SURVEYORS, P,Co P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 June 9,2008 Town of Southold Land Preservation Committee P.O. Box 1179 Southold, NY. 11971 FOR PROFESSIONAL SERVICES RENDERED: JOB # 08-118 FOUR (4) PROPERTY DESCRIPTIONS (METES AND BOUNDS) $ 700.00 SUFFOLK COUNTY TAX MAP 1000-63-01-25 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Setect '- JE Date Trx. Date Fund Account ......................... Use 2/13/2007 2/13/2007 H3 .600 2/13/2007 H3 600 4/24/2007 H3 600 4/24/2007 H3 600 4/24/2007 H3 600 5/08/2007 H3 600 5/08/2007 H3 600 8/14/2007 H2 .600 10/09/2007 H .600 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/08/2007 5/08/2007 8/14/2007 10/09/2007 5/06/2008 6/17/2008 Acti 5/06/2008 H .1620.2.4 .Y. 6/17/2008 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-06172008-822 Line: 324 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 6/17/2008 SDT 6/16/08 : Trx Amount... 700.00 : Description.. SURVEY-CHARNEWS : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. CHECK ........ 96404 SCNB Invoice Code. 08-118 VOUCHER ...... : P.O. Code .... TBR538 : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 6/17/2008 : Date Cleared. 6/29/2008 : F3=Exit F12=Cancel : : Ne/son, Pope & Voorhis, LLC 572 IA/alt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 08078 Project: VA02628 3005 Youngs Avenue, Southold Manager: McGinn, Steven To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 5812 Invoice Date: May 02, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $466.67 Prepare Phase I Environmental Site Assessment ($1,400.00 fee - 1/3 billed to Town of Southold Land Preservation. 2/3 billed to Peconic Land Trust). Work Performed thru 4/15/08 Specified Fee: $466.67 Total Project Invoice Amount $466.67 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,, 5/06/2008 5/06/2008 B .600 .. 5/06/2008 5/06/2008 B .600 ; . 5/06/2008 5/06/2008 B .600 5/20/2008 5/20/2008 B .600 ~ 6/03/2008 6/03/2008 H2 .600 Shift Up F3:Exit F10=Prev View Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-06032008-699 Line: 174 Formula: 0 : · Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 6/03/2008 SDT 6/02/08 : : Trx Amount... 466.67 : : Description.. 1/3 ESA PHASE 1-CHARNEWS : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 96195 SCNB : : Invoice Code. 5812 : : VOUCHER ...... : : P.O. Code .... 18249 : : Project Code. : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 6/03/2008 : : Date Cleared. : F3=Exit F12=Cancel D Fideli National Title InSura'-fi' Comi any 24 Commerce Drive, Rivcrhead NY, 11901 ESTIMATED (631 ) 727-0600, (631 ) 72%0606 Title No.: 08-7404-71368-SUFF ICluse Date: 06/09/2008 Closer: Robert DeFrese S, pplicant: Town of Southold Land Preservation Dept. Lender: Purchaser: Town of Southold Lender Attorney: Owner: Peconic Land Trust Inc. 3wner Attorney: Susan Tuths~ Esq. Premises: 3005 Youngs Avenue County: Suffolk Southold Calculated Amount: Corrected Amount: Morteage Amount: $0~00 Fee Amount:.~.vv-~c~x Fee Premium ~ 0]! ~., 0 / / Mortgage Premium Work Charges Premium Optional Market Value Rider Escrow Service Charge $50.00 -- Sttrvey Inspection Municipal Totals Endorsement Totals )ther Charges Other Searches ['otal Company Charges: (1) $50.0~ ~O// Conveyance Tax Mortgage Tax Lender Tax RPT Tax Other Taxes Mortgage ) Assignment of Mortgage ~ Consolidation Agreement ~ Satisfaction of Mortgage ) Satisfaction of Judgment ) Est. Recording Charges $400.0C Total Recording Charges: (2) $400.00 ESCROW & EXCHANGES (ESCT) :Total Escrow Charges: (3) $0.00 CHECKS PAYABLE TO FIDELITY From: E-he&k Amount: ,~VENDOR 006182 FIDELITY NATIONAL TITI,E INS CO 06./0q/2008 .......... ON H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 TBR538 71368SUFF TBR538 71368SUFF TBR538 71368SUFF TBR538 71368SUFF TITLE INS POLICY-CH 7,011.00 EASEMENT REC-CHAR_NWS 200.00 REC COVENANTS-CHARNEW 120.00 CERT COPIES-CHARNEWS 35.00 TOTAL 7,366.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 r~5 00000% 0"' VENDOR 003992 ROBERT DEFRESE 06/09/2008 ......... I ON CHECK 96264 H2 .8686.2.000.000 71368SUFF TITLE CLOSER-CHARNEWS 100.00 TOTAL 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 20 Receipt Number : 08-0057635 TRANSFER TAX NUMBER: 07-29477 District: 1000 eeed ~-~ount: Section: Block: 063.00 01.00 EXAMINED AND CHARGED AS $1,683,440.00 Recorded: At: LIBER: PAGE: FOLLOWS 06/17/2008 09:34:37 AM D00012554 763 Lot: 025.000 Received the Following Fees For Above Exempt Instrument Page/Filing $60.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $13.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-29477 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.oo $o.oo $3o.oo $o.oo $133.00 Exempt NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County Number of pages TORRENS Serial # Certificate # Prior Ctf. # po Dccd/ Mortgage [nstmment 41 Page / Filing Fee Handling TP-584 5 / Notation EA-52 17 (Couniy) EA-5217 (State) Comm. of Ed. 5 OD Affidavit Reg. Copy Deed / Mortgage Tax Stamp FEES __ Sub Total Sub Total GRAND TOTAL 5 I Real Property Tax Service Agency Verification Dist. I Section [ Block I Lot 1000 06300 0100 025000 Date Initials ~ RECORD & RETURN TO: RECORDED 2008 Jon 17 09:34:57 O~.dith fi. P~scMe CLERK OF SUFFOLK COUP; L 000012%4 P 763 DT~¢ 07-2~477 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Or Spec./Add. TOT. MTG. TAX Dual Town . Dual County Held for Apportionment __ Transfer Tax Mansion Tax The properly 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 of this instrument. Lisa Clare Kombrink, Esq 235 [Iampton Road Southampton NY I 1968 Community Preservation Fund Vacant Land TD /O TD TD Title Company Information itle# Suffolk Co ty Recording & Endorsement Page ~s~efonm~of~ea~ch~ ~lo~me~ ~,'qkTX ~~ madeby: / - t~ 2~ ~R ~ aC ~c ~~e prenfises he~in is si~ted in S~OLK CO~, ~W YO~ TO In ~e Tom~p of 0~ ~ ~}~ In~LLAGE or ~ET of BOXES T~ 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR:I OR~q*o ~t;I~C~I~gqG OR FILING. (OVER) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 0f-r~ day of June, 2008 at Southold, New York. The l;Lagdes~a~e __ , PECONIC LAND TRUST INCORPORATED, P.O. Box 1776,/~'~t~arr~np~o~, New York 11969 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971(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 #1000-63-1-25 more fully described as the "Development Rights Easement Area" in Schedule "A-i" attached hereto and made a part hereof and hereinafter referred to as the "Property"and shown on the survey prepared by Peconic Surveyors P.C., dated March 20, 2008 and last revised June 6, 2008 (the "Survey"),; and WHEREAS, the Property is located in the R-80 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 use the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for or suitable for agricultural production; 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 New York State Town Law ("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 located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION SIX- HUNDRED EIGHTY-THREE THOUSAND FOUR-HUNDRED FORTY DOLLARS ($1,683,440.00) 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-A'~nnexed hereto and made a part of this instrument. TO HAVEAND 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 Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A-~lfree 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 and is authorized under Section 64 of Town Law and Section 247 of the New York State General Municipal Law ("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 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument 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 Recoqnition 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 Development Rights 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 March 20, 2008 last revised June 6, 2008,prepared by Peconic Surveyors P.C. (the "Survey"),, and a Phase 1 Environmental Site Assessment Report dated April 11, 2008 and Limited Phase II Environmental Site Assessment Report dated April 15, 2008, both prepared by Nelson, Pope & Voorhis, LLC, and an aerial photograph of the Property and maps on file with the Town of Southold Land Preservation Department. 0.06 Recitation Tn 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 Type 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 Lo this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or code. "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 perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one 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 ("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 Materials; Nlininq 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. IVlineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The ProperLy may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law, except as provided herein. The Property may be subdivided, including but not limited to the modification of lot lines to combine adjacent agricultural parcels, provided that all such resulting lots shall contain at least 10 acres of preserved farmland, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "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. Nothing set forth above in this Section 3.03 shall prohibit the Seller from creating a separate parcel and tax lot consisting of the Residential Reserved Area and/or from modifying the lot line of the Driveway Reserved Area to combine said Area with the adjacent parcel by subdivision, lot line modification or other application or procedure permitted by and pursuant to the Town Code, subject to Covenants and Restrictions imposed on the Residential Reserved Area, recorded simultaneously with this Easement. The Residential Reserved Area and the Driveway Reserved Area are shown on the Survey. ~ 3.04 Dumpinq 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. Overhead 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 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, agricultural production, as that term is presently referenced in §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 Agriculture and Markets Law, now or as they may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be inconsistent with agricultural production as defined above and shall not be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil ~ degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage 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 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. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. 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 as evidenced by the documentation set forth in Section 0.05. 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 Agricultural Production and 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 Agriculture and I~arkets Law, now or as they may be amended. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code as same may be amended and subject to the approval of the Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the Agricultural Structure Area i and Agricultural Structure Area 2, both described separately in Schedule A-l, attached hereto and made a part hereof; Renovation, maintenance and repairs of existing structures or structures built or permitted pursuant to this Section 4.06. (iv) Structures and improvements permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, may be constructed in Agricultural Structure Area 1 and Agricultural Structure Area 2. / B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No construction is permitted outside of the Agricultural Structure Areas 1 and 2 described in this 4.06, except as provided in 4.06 A(i) and (iii) above. 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. D. Replacement of improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. E. Agricultural Structure Area 2 Restriction. Structures and improvements within Agricultural Structure Area 2 described in Schedule "A-:[" attached hereto (i) shall not exceed 2,000 square feet in the aggregate and (ii) shall be designed and located to maintain the scenic view shed corridor from Horton's Lane to the extent reasonably practicable. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising from Grantee's negligence, arising from the physical maintenance or condition of the Property caused by Grantor's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party 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, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05 in order to protect the environmental, natural, scenic and agricultural values of the Property. 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 implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement RiQhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 11 To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, 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 be 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. Nailed 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. Nailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or Lo such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or 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 mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. ]n that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable ]2 to the residual agricultural 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 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. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under [.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 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 or any successor chapter 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 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement 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 Governing Law [3 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 Interpretation 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. 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 Headings 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: PECONIC LAND TRUST INCORPORATED, Grantor ]4 By: ~/'i~hy ~.\~ufield Vice'~resi~l~nt ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee JJ~hn P. Sep~nos~ Deputy Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~ day of C]-u~v¢ in the year 2008 before me, the undersigned, personally appeared Timothy ], Caufield personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individ ual~e_nt. Notary Public ROBERT DEFRESE ~,/4' ~ ~) ,~¢~-- ,~) ~_.1~*~___~ Nota~ Public State of New YOrkNo. 01DE5035117 Nb, O/~O~ ~//7 Qualified in Su"olk County Commission Expires Cc ober 24, ~ STATE OF NEW YORK ~f /*/~/~ COUN~ OF SUFFOLK ) SS: On this ~ day of~< in the year 2008~ before me, the unde~igned, pe~onally 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(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of wh~) acted, executed the instrument. ZSTown of Southold~CHA~EWS ~LT)~Easement 6408.doc [b/~.~Zb/~// 15 Fidelity National Title Insurance Company of New York TITLE NO. 08 -7404 -71368 -SUFF SCHEDULE A-1 (Description) DEVELOPMENT RIGHTS EASEMENT AREA S.C.T.M. 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of begirming being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands no~v or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc. a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes l0 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; ']?HENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real proper~y. FOR CONVEY.4NC1NG ONLY: lbgether with all the right, title and interest of the party of the first part, of in and to the land lying in the street in front of and adjoining said premises. SCHEDULE A- I (Descrip!ion) Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-7 l 368-SUFF SCHEDULE A-1 (Description) (Continued) THENCE along "Founders Village Condominium, Section I" South 76 degrees 22 minutes 20 seconds West a distance Of 260.12 feet to a stake; · THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section 1" and otl~ers a distance of 1110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63 -01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Towu of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNiNG at a point on the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's Avenue); RUNNING THENCE from said point and place of beginning in a westcrly direction along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands nov,, or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-0 I-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNiNG at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands nmv or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which t~l, law constitute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street in.fi'ont of and adjoining said premises. SClIED ULE A - I (Descrtplion) Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) of North Road (C.R. 48); RUNNiNG THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNiNG. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RUNNiNG THENCE in a westerly direction South 76 degrees 22 milmtes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarico a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: C~.,-.~ ca-- THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises wnicn by law constitute real property FOR CONVEYANC1NG ONL Y: Together with all the right, title and interest of the part of the first part, of in and to the land lying in the street m front of and adjoining said premises. SCHEDULE A-I (Description) Fidelity National Title Insurance Company of New York TITLE NO. 08-7404-71368-SUFF SCHEDULE A-1 (Description) (Continued) BEGINNING on the westerly side of Young's Avenue (formerly Railroad Avenue) at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. I and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly comer of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes 10 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue (formerly Railroad Avenue) South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or fom~erIy of Fisher and Krupski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue (formerly Railroad Avenue), South 8 degrees 35 minutes 30 seconds East, 302~00 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premi3es which by law constitute real proper~y. FOR CONVEYANCING ONLY. Together with all the right, title and interest of lhe part of the first ]~art, of in and to the land lying in the street in front of and adjoining said premisex. SCHEDULE A-I (Description) C O V E N A N T S R E S T R I C T I O N S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 5 Receipt Number : 08-0057635 District: Recorded: At: 06/17/2008 09:34:37 AM LIBER: D00012554 PAGE: 764 Section: Block: Lot: 063.00 01.00 025.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 COE $5.00 TP-584 $0.00 Cert.Copies $5.20 Exempt NO Handling $5.00 NO NO NYS SRCHG $15.00 NO NO Notation $0.00 NO NO RPT $30.00 NO Fees Paid $75.20 IS A PART OF THE INSTRUMENT THIS IS NOT A BILL THIS PAGE Judith A. Pascale County Clerk, Suffolk County ~mber of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES ~cording / Filing Stamps Page / Filing Fee / ~ -- Handling 5~ TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P. TS.A. Comm. of Ed. 5. Affidavit NY~S SurYharge 15. O0 Other - Tax Service Agency Verification 6 Sub Total 1000 06300 0100 025000~0/0 OD Satisfactions/Discharges/Releases List Propmty Owners Mailing Addres~ RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk Mortgage Amt. 1. Basic Tax 2. ,Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town -- Dual County -- Held for Appointment Tlansfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two fanffi} dwelling only YES or NO If NO, see appropriate tax clause on page ,'7 __ of this instrument. Community Preservation Fund Consideration Amount $ CPF Tax Due hnproved Vacanl Land TD ~__ TD TD __. Suffolk Count_..E Recordin_g_ & Endorsement PaeL This page forms part of tile attached ~d/~r,4v,'o~ Of t~@~~TrrcTF~;o~ff~ made by: (SPECIFY TYPE OF INSTRUMENT) ~ ~"~)~)[Q ~ ~'~[~- The premises herein is situated m __ //~ ~t~~~ ---- SUFFOLK COUNTY, NEW YORK. TO In the TOWN of --~c~ ~-O ~0~ th/=:~CMq__ fi, th~ VILLAO[ or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR1OR TO RECORDING OR FILING. 310 Center Drive, Riverhead, NY 11901 ~'---~itl~f°rmati°n www. suffolkcountyny, gov/clerk Cu. Na,~.~~/, ~ .4, r,. 77'T DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 9th day of June, 2008, by PECONIC LAND TRUST, INCORPORATED,~ hereinafter referred to as the "DECLARANT"; as owner of the premises designated as part of SCTM #1000 - 63 -1-25 and shown on a survey prepared by Peconic Surveyors P.C. dated March 20, 2008 and last revised June 6, 2008, and a portion of which is designated as the "Residential Reserved Area" and described in the metes and bounds description attached hereto and made a part hereof, hereinafter referred to as the "Residential Reserved Area". ~ ~c~ H~m?7~t'3 I~.b~"~, ..SO,o'CHt~nlPmt~, /'0"-~ IIC)~:~ WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 3005 Young's Avenue, Southold, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated June 9, 2008 for a part of SC'TM #1000 - 63 - 1-25; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town")'~r~d the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Reserve Area, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Reserve Area shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all pumhasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Grantor shall not make application for and seek a change of zone or any other relief from the Town of Southold that would allow the subdivision of or a residential site plan approval for the Residential Reserved Area, unless such application provides for the transfer of development rights, in a form acceptable to the Town of Southold and as required by the Town Code. Notwithstanding the restrictions contained in Paragraph 1 above, Grantor retains the right to those uses permitted by the Town Code in the R-80 zoning district, including but not limited to principal and accessory uses or uses which may be granted by special permit, special exception, or variance, now or as the Town Code may be amended, subject to the limitation in Para. I above with respect.to subdivision and residential site plan approval. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. 2 IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. STATE OF NEW YORK) SS.: COUNTY Of.-%, F~ I~' ) On the ~ day of.~-~ DECLARANT: P~IC I_AND TRUST, INCORPORATED B~:/~thy~.'-/JCaufield, Vice President in the year 2008 before me, the undersigned, personally appeared Timothy J. Caufield, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned in Notary Public plres Octo~)er 24, __Z/~ Fidelity National Title Insurance Comlmny of New York TIT[,E NO. 08-7404-71368-SU FF SCItI:;I)UI,E A-I (Description) RESIDENTIAl. 1;,1~S Ei~,V El) 1000 63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with thc buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on tile westerly line of' Railroad Avenue (Young's Avenue) at a monumcnt set at thc rote)section formed by the westerly line of "Founder's Village Condominium, Section 1" filed in tile Ol'ficc of tile SuF£olk County Clerk under Condominium Map No. 115; RUNNING THENCE in a wcsterly direction South 76 degrees 22 minutes 20 scconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet toa point; THENCE North 13 dcgrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monui]nent and lands now or ['ormerly of Talarico; TIiENCE North 80 degrees l 1 minutes 20 seconds East along lands no~v or tbrmcrly of'l alal ico a distance o[' 150.00 tenet to a nlonumcnt set on thc westerly line of Railroad Avenue (Young's Avenue); [HENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 tket ti) the pon/t or place oFBEGINNING. T I T L E P 0 L I C Y Fidelity National Title Insurance Company Policy Number: 27-031-06-33- 2 2 0 6 2 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) W~xH NEw YORK COVEaAGE ENDOKSEMENX A~'~'EN.~. Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (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 thc Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (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 im- provements 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 of land; or (d) environmental protection FORM 27-031-06-33 AI.TA Owner's Policy (6 17 06) w/Ncw York coverage Endorsement Appended 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. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by it duly authorized officers. Fidelity National Title Insurance Company Secrelary Countersigned: ~~ ~uthorized Signature FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended Fidelity National Title Insurance Company Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF Amount of Insurance: $1,683,440.00 1. Name of Insured: SCHEDULE A Date of Policy: June 9, 2008 at 9:00 AM Town of Southold The estate or interest in the land which is covered by this policy is: Insure Development Rights Title to the estate or interest in the land is vested in: Town of Southold Deed made by Peconic Land Trust Incorporated dated June 9, 2008, recorded June 17, 2008 in the Suffolk County Clerk's Office in Liber 12554 page 763. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schedule A Owner's Policy Page 1 Rev. (02/04) OFidelity National Title Insurance Company Policy No: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF SCHEDULE A-1 Description DEVELOPMENT RIGHTS EASEMENT AREA S.C.T.M. 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction along the easterly line of Horton's Lane from the terminus ora curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNNING THENCE from said point or place of beginning in an easterly direction along lands now or formerly RMB Realty LLC and lands now or formerly of North Fork Professional Realty North 67 degrees 06 minutes 40 seconds East, a distance of 526.89 feet to a point; THENCE North 69 degrees 55 minutes 20 seconds East along lands now or formerly of Fabian & Associates and lands now or formerly of Southold Stone Inc. a distance of 98.99 feet to a point; THENCE North 67 degrees 06 minutes 40 seconds East still along lands now or formerly of Southold Stone Inc. and lands of others a distance of 410.00 feet to a monument; THENCE North 72 degrees 04 minutes 10 seconds East along lands now or formerly of Anne Hubbard a distance of 523.07 feet to a point; THENCE through lands conveyed to Peconic Land Trust South 8 degrees 35 minutes 30 seconds East a distance of 78.20 feet to a point; THENCE North 72 degrees 04 minutes 10 seconds East, a distance of 155.07 feet to a point and the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 176.80 feet to a rebar and lands now or formerly of Fisher and Krupski; THENCE along lands now or formerly of Fisher and Krupski South 80 degrees 11 minutes 20 seconds West a distance of 150.00 feet to a rebar; THENCE South 8 degrees 35 minutes 30 seconds East, a distance of 120.00 feet to a monument; THENCE South 80 degrees 11 minutes 20 seconds West a distance of 184.24 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to a point and the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk's Office Condominium Map No. 115; Schedule A-I (Description) Owner's Policy Page 2 Rev (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33~22062 Title No.: 08-7404-71368-SUFF SCHEDULE A-1 Continued THENCE along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West along "Founders Village Condominium, Section 1" and others a distance of I 110.79 feet to a rebar set on the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 584.13 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 1 1000-63-0 I-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the northerly line of "Founders Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115, said point and place of beginning being South 76 degrees 22 minutes 20 seconds West a distance of 306.98 feet as measured in a westerly direction from the intersection formed by the northerly line of "Founders Village Condominium, Section 1" with the westerly line of Railroad Avenue (Young's Avenue); RUNNING THENCE from said point and place of beginning in a westerly direction along "Founders Village Condominium, Section 1" South 76 degrees 22 minutes 20 seconds West a distance of 260.12 feet to a stake; THENCE South 70 degrees 05 minutes 00 seconds West a distance of 244.45 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West through lands now or formerly of Peconic Land Trust, incorporated a distance of 383.42 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 504.22 feet to a point; THENCE South 13 degrees 37 minutes 40 seconds East a distance of 323.08 feet to the point or place of BEGINNING. AGRICULTURAL STRUCTURE AREA 2 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a rebar set on the easterly line of Horton's Lane at the intersection formed by the southerly line of lands now or formerly of RMB Realty LLC, said point and place of beginning being a distance of 263.48 feet as measured in a southerly direction from the terminus of a curve which connects the easterly line of Horton's Lane with the southerly line of North Road (C.R. 48); RUNN1NG THENCE from said point and place of beginning in an easterly direction along lands now or formerly of RMB Realty North 67 degrees 06 minutes 40 seconds East a distance of 204.73 feet to a point; THENCE South 10 degrees 33 minutes 00 seconds East a distance of 200.00 feet to a point; Schedule A-I (Description) Owner's Policy Page 3 Rev (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF SCHEDULE A-1 Continued THENCE South 67 degrees 06 minutes 40 seconds West a distance of 204.73 feet to a point and the easterly line of Horton's Lane; THENCE North 10 degrees 33 minutes 00 seconds West a distance of 200.00 feet to a rebar and the point or place of BEGINNING. RESIDENTIAL RESERVED AREA 1000-63-01-PART OF 25 ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the westerly line of Railroad Avenue (Young's Avenue) at a monument set at the intersection formed by the westerly line of "Founder's Village Condominium, Section 1" filed in the Office of the Suffolk County Clerk under Condominium Map No. 115; RUNNING THENCE in a westerly direction South 76 degrees 22 minutes 20 seconds West along "Founder's Village Condominium, Section 1" a distance of 306.98 feet to a point; THENCE North 13 degrees 37 minutes 40 seconds West a distance of 323.08 feet to a point; THENCE North 80 degrees 11 minutes 20 seconds East a distance of 184.24 feet to a monument and lands now or formerly of Talarico; THENCE North 80 degrees 11 minutes 20 seconds East along lands now or formerly of Talarieo a distance of 150.00 feet to a monument set on the westerly line of Railroad Avenue (Young's Avenue); THENCE South 8 degrees 35 minutes 30 seconds East a distance of 302.00 feet to the point or place of BEGINNING. FOR INFORMATION ONLY: ALL that certain plot, piece or parcel of land, situate, lying and being in the Village and Town of Southold, County of Suffolk and State of New York, and being bounded and described as follows: BEGINNING on the westerly side of Young's Avenue (formerly Raikoad Avenue) at the point of intersection formed by the northerly line of lands now or formerly of Founders Village Condominium Sec. l and the southerly line of the premises herein described; RUNNING THENCE South 76 degrees 22 minutes 20 seconds West, 567.10 feet; THENCE South 70 degrees 05 minutes 00 seconds West, 1110.79 feet to the easterly line of Horton's Lane; RUNNING THENCE along the easterly line of Horton's Lane North 10 degrees 33 minutes 00 seconds West 584.13 feet to the southerly line of land now or formerly of RMB Realty LLC; RUNNING THENCE along land now or formerly of RMB Realty LLC and others North 67 degrees 06 minutes 40 seconds East, 526.89 feet; Schedule A-I (Description) Owner's Policy Page 4 Rev (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF SCHEDULE A-1 Continued THENCE North 69 degrees 55 minutes 20 seconds East, 98.99 feet; THENCE North 67 degrees 06 minutes 40 seconds East, 410 feet; THENCE North 72 degrees 04 minutes 10 seconds East along the southerly line of land now or formerly of Anne Hubbard and Gary and Joan Rempe, 528.14 feet to the northwesterly comer of land now or formerly of Schlachter; THENCE South 8 degrees 35 minutes 30 seconds East, along the last mentioned land, 63 feet; THENCE North 72 degrees 04 minutes l0 seconds East a distance of 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly line of Young's Avenue (formerly Railroad Avenue) South 8 degrees 35 minutes 30 seconds East, 192.00 feet to the northerly line of land now or formerly of Fisher and Krupski; THENCE South 80 degrees 11 minutes 20 seconds West along the northerly line of land now or formerly of Fisher and Kmpski, 150.00 feet; THENCE South 8 degrees 35 minutes 30 seconds East, 120.00 feet; THENCE North 80 degrees 11 minutes 20 seconds East, 150.00 feet to the westerly side of Young's Avenue (formerly Railroad Avenue); THENCE along the westerly side of Young's Avenue (formerly Railroad Avenue), South 8 degrees 35 minutes 30 seconds East, 302.00 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 5 Rev. (02/04) Fidelity National Title Insurance Company Policy Number: 27-031-06-33-22062 Title No.: 08-7404-71368-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Survey made by Peconic Surveyors PC dated 06/06/08 shows a 2 story frame house; frame barn; dilapidated frame building; 3 buildings; driveway; pump house in southerly part of premises; driveway located on land now or formerly of Schlachter encroaches 1.8 feet south of northerly line; fences and evergreens at variation with record lines. Premises herein are listed as exempffpartially exempt from real estate taxes. Premises are subject to taxation on the full assessed valuation and said additional taxes and/or interest and penalties, if any, shall be levied from the date of death or the transfer from the owner entitled to the exemption and to who such exemption was duly granted. Declaration of Covenants and Restrictions made between Peconic Land Trust Incorporated and the Town of Southold dated 06/09/08 and recorded 06/17/08 in the Suffolk County Clerk's Office in Liber 12554 page 764. Schedule B Owner's Policy Page 6 Rev. (02/04) OFidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 27-031-06-33-22062 of FIDELITY NATIONAL TITLE INSURANCE COMPANY I. Covered Risk Number 2(c) is deleted. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to ail of the terms and provisions of the policy and of any prior endorsements. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. Signed and Sealed: June 9, 2008. Countersigned: Pidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (5/I/07) FOR USE WITH ALTA OWNER'S POLICY (6-1%06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions~ or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police powen This Exclusion 1 (b) does not modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS L DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A. as may be creased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an lnsured by its conversion to another kind of Entity; (D) a grantee of an insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity. or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A. and affixed improvements that by law constitute real property. The term "Land" does not include any prop~ erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru- ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to (J) (k) FORM 27-031-06-33 Covered Risk 5(d), "Public Records" shall also include environmental pro- tection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. "Title": The estate or interest described in Schedule A. "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective ptimhaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estata or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended not insured against by this policy. lb) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, m institute and prosecute any action or proceeding or to do any other act that in its opinion may be neces- sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. lc) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order, DUTY OF INSURED CLAIMANT TO COOPERATE la) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use. at ils option, Ire name of the Insured for this purpose. Whenever requested by the Corn puny, the lnsured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Corn- pony is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co operation. lb) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy. that reasonably pertain to the loss or damage. Further, if requested by any au thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Com- pany pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula- tion. shall terminate any liability of lhe Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the ln- sured Claimant that were authorized by the Company up to the time of pay- ment or tender of paymem and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this po]icy, other than to make the payment required in this subsection, shall terminate, including any Ii ability or obligation to defend, prosecute, or continue any ltiigalion lb) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or otherwise sctde with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addi- tion. the Company will pay any costs, attorneys' fees. and expenses incurred by the Insured Claimant that were authorized by the Com- pany up to the time of paymenl and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- age provided for under this policy, together with any costs, attorneys' fees. and expenses incurred by the insured Claimant that were autho- rized by the Company up to the time of payment and that the Com- pany is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii). the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. la) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) theAmount of Insurance;or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. lb) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%~ and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid, lc) In addition to the extent of liability under la) and lb), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. LIMITATION OF LIABILITY la) If the Company establishes the Title, or removes the alIeged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land. or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. lb) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or dam- age until there has been a final determination by a court of competent juris- diction, and disposition of all appeals, adverse to the Title. as insured, The Company shall not be liable for loss or damage to the Insured for liabil- ity voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. lc) 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions. the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the exlent of the amount of any loss, costs, altomeys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies, The Insured Claimant shall permit the Company to sue. compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does nol fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. lb) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds. notwithstanding any ternls or conditions contained in those instruments that address subrogation rights. FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. · able matters may include, but are not limited to, any controversy or claim between ~pany and the Insured arising out of or relating to this policy, any service i~ co~l~c0on with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the IxansactJon giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable i'natters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract betweon the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. ~6. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) ChoiceofForam: Anylitigationorotherproceedingbroughtbythelnsured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Company Attn: Claims Depariment EO. Box 45023 Jacksonville, Florida 32232-5023 FORM 27-031-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Appended FIDELITY NATIONAL TITLE INSURANCE COMPANY Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 N Y S A G & M K T S W A I V E R STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS I Winners Circle Albany, New York 12235 Division of Agricultural Protection rind Development Services 518~t57-7076 Fo~. 518-457-2716 August 18, 2008 Scott A. Russell, Supervisor Town of Southold PO Box 1179 Southold, NY 11971 RE: Waiver - Town of Southold - Suffolk County - Purchase of Development Rights Dear Supervisor Russell: The Department has reviewed documentation submitted by the Town of Southold to waive the Notice of Intent filing requirements in Sections 305(4) (b) and (c) of the Agriculture and Markets Law in connection with the acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by John P. Sepenoski for approximately 21.043 acres of active farmland located at 3005 Youngs Avenue, Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of a conservation easement on the referenced parcels by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. Sincerely, ROBERT SOMERS, Ph.D Chief, Agricultural Protection Unit CC: Ken Schmitt, Chair, Suffolk County AFPB David Behm, NYS Agriculture & Markets FiFe No.: AP 08/041-W 2 6 DEP? C,~ [.AND P! ESLB:¢aTION WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS + ! -- The undersigned, owner of -- 2.. ~)~l~cres of active farmland and/or acres of non-farmland, situated at Suffolk County Tax Map No. 1000-63-1-25 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. Project Sponsor TOWN OF SOUTHOLD By: .Landowner PECONIC LAND TRUST iNCORPORATED J~HN P SEPEN(SSKI,~eputy Supervisor By: ~.~o~'~J~.~S~ufield, Vice President 53095 Route 25 P.O. B'o-,M177~ P.O. Box 1179 296 Hampton Road Southold, NY 11971-0959 Southampton, New York 11968 (631) 765-1889 (631)283-3195 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the ~__ day of ...~'~¢..4 , 2008, 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 Supervisor of the T(~WN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the ROBER EF SE Notary Public Sta New York No. 01 individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public ROBERT DEFRESE Notary Public State of New York No. 01OE5035'117 STATE OF ) Qualified in Suffolk County Commission Expires October 24, /~. COUNTY OF ) On the _~ day of ~T~_..<' ,2008, before me personally appeared '77,',~"~ ,.T. ~,,~.0,~ $, 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. Notary Pu~ ROBERT OEFRESE MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631 ) 765-571 I Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 21, 2008 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Pxe: PECONIC LAND TRUST~ INCORPORATED to TOWN OF SOUTHOLD Part of SCTM # 1000-63-1-25 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Deputy Supervisor Jotm P. Sepenoski and Timothy J. Caufield, Vice President of Peconic Land Trust, Incorporated at the time of closing on a development rights easement on active farmland identified as part of SCTM #1000-63-1-25. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Peconic Land Trust, Incorporated Town of Southold June 17, 2008 D00012554 763 3005 Youngs Avenue, Southold 21.0430 acres 1000-063.00-01.00-025.000 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation ~66D2ivision of Lands & Forests ureau of Real Property, 5th Floor 5 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.ny..qov Alexander B. Grannis Commissioner July 31,2008 Melissa Spiro Dept. of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 500 Grantor: Peconic Land Trust Inc. Liber: D12554 Page: 763 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, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property AU¢ - 4 2008 DEPI OF LAND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-57! I Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 21, 2008 NYSDEC Bureau of Real Property 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Deed of Development Rights Easement on property located within the Town of Southold 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: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Peconic Land Trust, Incorporated Town of Southold June 17, 2008 D00012554 763 3005 Youngs Avenue, Southold 21.0430 acres 1000-063.00-01.00-025.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Peconic Land Trust, Incorporated P.O. Box 1776, Southampton, NY 11969 w/enc. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-571 I Facsimile (631) 765 6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August4,2008 Timothy J. Caufield Vice President Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: NYSDEC Conservation Easement Registry CE: Suffolk 500 SCTM #1000-63-1-25 (21.0430 acre easement) Dear Tim: Please be advised that the Town's purchase of a development rights easement on a part of the former "Charnews" property located at 3005 Youngs Avenue in Southold has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the new Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC and refer to the assigned identifier - CE: Suffolk 500. Very truly yours, Melanie Doroski Sr. Administrative Assistant enclosures P R O P E R T Y R E C O R D S PECON~C LAND TRUST, INCORPORATED (f/ida Charnews) to TOWN OF SOUTHOLD Part of SCTM #1000-63-1-25 21.0430 acre development rights easement Premises: 3005 Youngs Avenue, Southold Closing held on Monday, June 9, 2008 Southold Town Ha~ Annex (from lef~ to right) Tim Caufield, Peconic Land Trust Vice President John Sepenoski, Deputy Town Supervisor Ste MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Date: June 19, 2008 Re: PECONIC LAND TRUST, INCORPORATED to TOWN OF SOUTHOLD Development Rights Easement - 21.0430 acres Please be advised that the Town has acquired a development rights easement on farmland listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 3005 Young Avenue, Southold SCTM #: part of 1000-63-1-25 PROPERTY OWNER: PURCHASE CATE: Peconic Land Trust, Incorporated (f/Ida "Charnews" property) Monday, June 9, 2008 PURCHASE PRICE: TOTAL PARCEL ACREAGE: $1,683,440.00 (based on 21.0430 acres @ $80,000/buildable acre) 23.4004 acres EASEMENT ACREAGE: RESERVED AREAS: 21.0430 acres includes: non-agricultural structure area = 16.1247 acres agricultural structure area #1 = 4.0 acres agricultural structure area #2 = 0.9183 acre 2.2968 acres (residential reserve area) 0.0606 acre (driveway reserved area) ZONING: R-80 FUNDING: CPF 2% Land Bank MISCELLANEOUS: Peconic Land Trust, Inc. recently purchased fee title to this property from the Charnews family prior to the Town's purchase of the development rights easement. This property is listed on the Community Preservation Project Plan list. G3.-1-2§ 473889 South01d Ac/we B, S:1 Charnels Danie R~ea ~0~ NcxtYr Muckands 3005 Youngs Ave Land S ze. 23.50 acres Owner To~al: 1 Taxable Val~ Name: Daniel Chamews Cou~y il 900 AddlAddr: Muni: 11~0 Shee[ 2?85 Youngs Ave Schoo: 11.~0 P0 Box: 513 City: Southold. NY Zip: 11971- Scht ~ffer ~r~ 10.420 5ale Tolal: 0 S~te 1 o~ 1 Book Page Sale Date Sale Price 0wne¢ Prpcb: Muck ands Utltes: E~empbon Total. 1 T~ m ~,o ~ Buddma Code Arno n Yea Pc 41834 STAR {ENH) 1.480 2049 0 Spec~ Dsbct Toa 4 Vaue/ mpmyement Code Units Pct Type MoveTax ~ype Name FD028 Souibold FD .00 .00 .00 PK070 Soutbod Par~ 00 .00 00 Double click to open a ,^unoow 2 0 0 9 U S E R E V I E W R E Q U E S T 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 April 1, 2009 Timothy Caufield, Vice President Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Charnews Farm for 2009 Peconinic (SCTM #1000-63-1-25) Dear Tim: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in a letter dated March 30, 2009, for parking purposes for the annual Peconinic event to be held on June 6, 2009. The Committee reviewed the easement for the property and feels that this event supports the Trust's mission to conserve I~ong Island's working farms, natural lands, and its heritage, and is consistent with the property's agricultural production activities and the agricultural environmental and scenic purposes of the development rights easement. The Committee is approving the parking area you requested as shown on the attached Peconinic 2009 Proposed Setup plan, as a use to be allowed within the development rights easement area. Best wishes for the success of the 2009 Peconinic event! Sincerely, Melissa Spiro Land Preservation Coordinator /md attachment 283-3195 Charnews Peconinic 2009 Proposed Setup March 30, 2009 Land Preservation Committee Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Request for.Charnews Farm (sCTM# 1000-63-1-25) Dear Committee Members, The Peconic Land Trust would like to hold its annual Peconinic event on the Charnews Farm on June 6, 2009. The Peconinic is a celebratory picnic to honor Trust supporters and the land that has been protected through our collective conservation work. Several hundred supporters are invited every year, including our partners at the Town of Southold, to enjoy delicious food, good music and camaraderie. The 2Q08 Peconinic was held the Leuthardt Farm, part of the 544-acre conservation of the former KeySpan property. Per the attached concept plan, we plan on using roughly 1.5 acres of the Development Rights easement area for parking purposes. The parking area is situated on a portion of the farm that will not be cultivated by the Trust's tenant farmer, Fred Lee Of Sang Lee Farms. The tent, check-in table, bathrooms, and other event-related structures will be located on the Reserve Area. We believe that this event and the Trust's mission to conserve Long Island's working farms, natural lands, and its heritage are consistent with the property's agricultural production activities and the agricultural, environmental and scenic purposes of the Development Rights Easement. Please let us know if parking for this event would be permitted on the Town's Development Rights Easement area. We look forward to hearing from you. Sincerely, Timothy Caufield Vice President Cc: John v.H. Halsey, President MAR $ 0 2009 DEPT OF rAND PRESERVATION 2 0 1 0 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 5, 2010 Stephen Searl Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Parking for Family Farm Day at Charnews Farm (3005 Youngs Ave) SC'TM #1000-63-1-25 Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in an e-mail dated August 3, 2010, for parking purposes for a Family Farm Day event on August 7, 2010, between the hours of 1lam and 3pm. The Committee reviewed the easement for the property and feels that this event supports the Trust's mission to conserve Long Island's working farms, natural lands, and its heritage, and is consistent with the property's agricultural production activities and the agricultural environmental and scenic purposes of the development rights easement. The Committee is approving the parking area you requested that lies within a grass field between the Fisher and Amara houses off of Youngs Avenue as a use to be allowed within the development rights easement area. Best wishes for a successful event! Sincerely, Melissa Spiro Land Preservation Coordinator /md Page 1 of 1 Spiro, Melissa From: Stephen Searl[SSearl@peconiclandtrust.org] Sent: Tuesday, August 03, 2010 3:54 PM To: Spiro, Melissa Subject: Charnews: Parking for Family Farm Day Hi there - ~'~' .~J~,~¢'~- We are asking the Land Preservation Committee to allow parking on the grass field in between the Ka:uf~ki and Amara houses (off Youngs Ave) for our Family Farm Day event at the Charnews Farm (3005 Youngs Ave) which is scheduled for August 7, 2010 between the hours of 1 lam and 3pm. The event is an opportunity for the Trust to welcome families and children to the farm and it will feature farm animals, Slow Food educators, and other kid- friendly activities. It is a part of our overall strategy associated with retaining this farm for community use/benefit, regional agriculture and local food production. So the Committee knows, we don't expect there to be more than 30-40 cars parked there at a'ny one time. Thank you for looking into this. Let me know if you have any questions/concerns. Thanks again! Stephen 8/3/2010 2 0 1 1 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 2.5, 2011 Stephen Searl Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Parking on Peconic Land Trust's Agriculture Center at Charnews Farm SCTM #1000-63-1-25,4 (3005 Youngs Ave) Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in letter dated May 6, 2011, for parking purposes for the second annual Peconic Land Trust and Southold Mother's Club Family Fun Day at the Farm event to be held on August 13, 2011 (rain dated August 14), between the hours of 10am and 4pm. The Committee reviewed the easement for the property and feels that this event supports the Trust's mission to conserve Long Island's working farms, natural lands, and its heritage, and is consistent with the property's agricultural production activities and the agricultural environmental and scenic purposes of the development rights easement. The Committee is approving the parking area you requested that lies within a grass field between the Fisher and Amara houses off of Youngs Avenue as a use to be allowed within the development rights easement area. Best wishes for a successful event! Sincerely, Melissa Spiro Land Preservation Coordinator /md PECONIC LAND TRUST May 6, 2011 Members of the Land Preservation Committee Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold NY 11971 Re: Request for Parking on Peconic Land Trust's Agriculture Center at Chamews Farm SCTM# 1000-63-1-25.4 Dear Committee Members: I am writing today to ask permission to park cars on a portion of SCTM# 1000-63-1-25.4 for the second annual Peconic Land Trust and Southold Mother's Club Family Fun Day at the Farm to be held on August 13m from 10 a.m. to 4 p.m. (rain date August 14m). Like last year, the event will feature interactive stations for children (and adults) to experience and leam about agriculture and the farming way of life. Please find enclosed a concept plan showing the location of the proposed parking area. Please do not hesitate to contact me at (631) 283-3195, ext. 22, if you need additional information. Thank you for your consideration. Sincerely, Stephen Searl Project Manager Enclosure MAY 10 2011 [ DEPT. OF LAND PRESERVATIOIt 296 HAMPTON ROAD I P.O. BOX 1776 I SOUTHAMPTON, NY 11969 I TEL: 631.283.3195 I FAX: 631.204.0711 www.peconicl andtrust .org PECONIC LAND TRUST 296 Hampton Road--"¥ P-~). Box [77~6 the La~ds of Southampton, New York 11969 Ag Center @ Charnews Farm (631) 2833195 [Town of Southold Proposed Event Parking Area 2 0 1 2 L P C R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD February27, 2012 Stephen Searl Peconic Land Trust, Incorporated P.O. Box 1776 Southampton, NY 11969 Re: Request for Greenhouses on Town Development Rights Easement SCTM #1000-63-1-25.4 (f/k/a Charnews Farm - 3005 Youngs Ave, Southold) Dear Stephen: The Land Preservation Committee members, in accordance with Section 70-5C.(2)[3] of the Town Code, reviewed the request you outlined in your letter dated February 17, 2012, for the construction of two small greenhouses within the Town's development rights easement. The Committee reviewed the easement for the property and feels that the use of these proposed greenhouses are consistent with the property's agricultural production activities. The Committee is approving the construction of two small greenhouses (each greenhouse being 16x24 ft) that you requested. These greenhouses have no heat source. Both are to be situated side-by- side adjacent to the southerly end of the existing barn within the Agricultural Structure Area that lies within the Development Rights Easement Area. Sincerely, Melissa Spiro Land Preservation Coordinator /md cc: Building Department w/request letter PECONIC LAND TRUST February 17, 2012 Land Preservation Committee Southold Town Hall Annex Building 54375 Route 25 PO Box 1179 Southold, NY 11971 Re: Request for Charnews Farm (SCTM# 1000-63-1-25.4) Dear Committee Members, ~ - The Peconic Land Trust requests permission to construct two small greenhouses (each greenhouse is 16X24 ft in size) adjacent to the southerly end of the existing barn. Please see the attached concept plan for location of same. Sincerely, Stephen A.W. Searl Project Manager Attachment 296 HAMPTON ROAD [ P.O. BOX 1776 I SOUTHAMPTON, NY 11969 I TEL: 631.283.3195 I FAX: 631.204.0711 www. peconicland trust.org N approx. 45' edge ofb~ .g barn approx. 28 from fenceline 20,I 35' from boundary gate--~ (631) 283-3195 Ag Center Town of Southampton Suffolk County, New York Proposed Greenhouses A E R I A L S AERIAL PHOTO 1996 AERIAL PHOTO 1984 AERIAL PHOTO 1978 AERIAL PHOTO 1966 AERIAL PHOTO 1938 S U R V E Y N SURVEY OF PROPERTY AT SOUTHOLD TO~FN OF $OUTHOLD SUFFOLK COUNTY, N.Y. 1000-63-01-25 SCALE: 1~-100' JUN - 6 2008 MARCH 20, 2008 MARCH 20, 2008 MARCH 28, 2008 (CORNERS SET) APRIL 8, 2008 (CERTIFICA~7ONS) MA Y 27, 2008 (DEVELOPMENT RIGHTS) JUNE 6, 2008 ~/05/cFHt. AG HI~R '~: ooZ . CERTIFIED TO) PECONIC LAND TRUST, INCORPORA TED FIDELITY NATIONAL TITLE INSURANCE COMPANY TOWN OF SOUTHOLD ~/o/¢ ~,¢¢~ _ ~LAG[.~ AR~A) r~--~Ec~O~ · . · =MONUMENT · =PIPE ~' =STAKE TOTAL PARCEL AREA=23.4004 ACRES FINAL SURVEY LIC. NO. 49618 P,C, FAX (651) 765-1797 1230 TRAVELER STREET SOUTHOLO, N.Y, 11971 L/O--A.LO A E R I A L M A P Peconic La d (f k a Charnews) Tow Development Rights Purchase Map Prepared by Town of Southo~d G~S May 20, 2008 Pecoaic S( ~] M# Land Trust Charaews)