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HomeMy WebLinkAboutSepenoski, John & Pat (2)SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 19 Receipt Number : 08-0109243 TRANSFER TAX NUMBER: 08-08948 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 054.00 03.00 EXAMINED AND CHARGED AS FOLLOWS $3,575,512.00 Received the Following Fees For Above Instrument Exempt Page/Filing $95.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $12.35 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TBANSFER TAX NUMBER: 08-08948 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 11/14/2008 10:33:23 AM D00012571 833 Lot: 024. 005 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $182.35 DEC - 4 £, 08 D£PI' OF I_AND PRES£RVATION Number of pages / 9 ' This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument 3 Page / Filing Fee Handling .... / ~} O___ TP-584 ,~'~ Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Conun. of Ed. lidavit '~Uertified Copy")) NYS Surcharge 5. 00 15. 00 Other 4 IDist. Real Property Tax Service Agency Verification 6 Sub Total r' Deed / Mortgage Tax Stamp [ Recording / Filing Stamps Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax ,~-~-,~to r- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page# of this ins~7~_ ~j;~ 5 Community Preservation Fund CPF Tax Due $ Sub Total .... 32. Grand Tot,' ___ , I 1000 05400 0300 024005 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: // Improved BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORI~ING OR FILING. (over) or HAMLET of In the VILLAGE T The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of Mail to: dudith A. Pascale, Suffolk county Clerk 17 I T,.e Company!nformation 310 Center Drive, Riverhead, NY 11901 Ico. & En _.or_sement Pa e This page forms part of the attached / /~/7--5 ,~/q,5~ made by: (SPECIFY TYPE OF INSTRUM,ENT) Vacant Land GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the /,3 day of November, 2008 at Southold, New York. The parties are JOHN A. SEPENOSKI, 5600 Horton Lane, Southold, NY 11971, PATRICIA A. SEPENOSKI, 27965 Route 25, Orient, NY 11957 (herein collectively 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 called "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 #1000-54-3-24.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof (the "Property") and shown on the survey prepared by Peconic Surveyors, P.C., dated August 4, 2008 and last revised November 7, 2008 (the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for field crops and woodlands; and WHEREAS, it is the policy of the Town of Southold (the "Town"), 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 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 THREE MILL]ION-FIVE HUNDRED AND SEVENTY-FTVE THOUSAND-FIVE HUNDRED AND TWELVE DOLLARS ($3,575,512.00) 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" annexed 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, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under Section 64 of Town Law and Section 247 of the New York 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. 2 2008 Title No.: FNP-01506 Amended 11110/08 Peconic Abstract, Inc. Development Rights Schedule A Description ALL that certain plot, piece or pamel of land, situate NoAh of the Village of Southold, in the County of Suffolk and State of New York, and in the Township of Southold, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Old NoAh Road distant 1332.39 feet westerly from the corner formed by the intersection of the westerly side of Lighhouse Road with the northerly side of Old NoAh Road; THENCE along the northerly side of Old NoAh Road, South 33 degrees 29 minutes 28 seconds West, 311.39 feet to a monument and to land now or formerly of Stepnoski; THENCE along said land now or formerly of Stepnoski the following (2) courses and distances: 1) NoAh 42 degrees 46 minutes 40 seconds West, 150.00 feet; 2) South 33 degrees 26 minutes 10 seconds West, 145.00 feet to land now or formerly of Suffolk County Water Authority; THENCE along said land, North 42 degrees 46 minutes 40 seconds West, 1489.58 feet to a pipe and to land now or formerly of Boyce; THENCE along said land now or formerly of Boyce the following (2) courses and distances: 1) North 44 degrees 02 minutes 50 seconds East, 270.67 feet to a pipe; 2) NoAh 42 degrees 00 minutes 50 seconds West, 887.37 feet to a pipe and to Map of Northwood Estates, File #5675, filed 2/17/72; Continued page ~0V 1 2 20O8 THENCE along said land, North 39 degrees 47 minutes 10 seconds East, 1064.89 feet to a rod and to land now or formerly of Town of Southold; THENCE South 41 degrees 47 minutes 40 seconds East, 1151.49 feet; to a monument THENCE South 33 degrees 19 minutes 30 seconds West, 819.56 feet to the northwest corner of the reserved area; TI-IENCES¢¢~ 42 degrees 19 minutes 40 secondsECls ~ 968.36 feet; THENCE 5.°¢r~33 degrees 29 minutes 28 secondsl~t.s~, 71.94 feet; THENCE.~r~42 degrees 19 minutes 40 seconds~'~', 237.65 feet to the northerly side of 0Id North Road and the point or place of BEGINNING. SUBJECT TO a right-of-way along the westerly line of the described premises, 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 Tnternal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This baseline documentation includes, but need not be limited to a survey dated August 4, 2008 last revised November 7, 2008 prepared by Peconic Surveyors, P.C., a Phase 1 Environmental Site Assessment dated August 22, 2008 by Nelson, Pope & Voorhis, LLC, an aerial photograph of the Property, approximately forty-four (44) 8 1/2" x 11" photographs of the Property, with cover sheet dated October 10, 2008 from "~lohn Sepenoski,"and maps on file with the Town Land Preservation Department. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 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 to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions 3 "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 Agriculture and Markets Law ("Agriculture and Markets Law"), now or as these Laws and/or Code 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 Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "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 4 No structures may be erected or constructed on the Property except as permitted by the 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; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision Except as provided herein, the Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the New York Real Property Law, as they may be amended, or any other applicable State or local law. The Property may be subdivided, provided that each resulting lot shall contain at least 10 acres of agricultural lands protected by a development rights easement or other instrument, 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. 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 Signs 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 IVlunicipal 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 30:L(2)(a)-(i) of the Agriculture and Markets Law, now or as such Laws and/or Code 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. 6 3.10 Development Rights 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. Grantor shall also have the right to use the Property for traditional recreational uses, including but not limited to trapping, pursuing and shooting of game, skeet shooting, bird watching, sleigh riding, and the use of personal all terrain vehicles, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 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 Aqricultural 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 Markets Law, now or as such Laws and/or Code 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. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. 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 herein 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 Tmprovements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code now or as same may be amended and subject to the approval of the Town 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; Right of way of undetermined width along the entire western boundary of the Property. 1If the owner of the adjacent parcel', designated as SCTM #1000-54- 3-5, makes an application to the Town and the use of the right of way is required by the Town or any Town agencies in connection with the use of the adjacent parcel, then the right of way shall not exceed 25' in width, and the improved portion of the right of way shall not exceed 16' in width; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor 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. lin 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. 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, 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. 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 solely from Grantee's negligence, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third 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 A. 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 Grantee 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. B. Grantor shall remove all items marked "2" on photographs contained in the Baseline Documentation and submitted to the Town in ]0 October, 2008 (Section 0.05) within 5 years from the date of this Easement. All agricultural vehicles and/or agricultural equipment that can no longer be used for their intended purposes (spare parts and agricultural production, respectively) after the date of this Easement shall be removed from the Property. C. Grantor shall maintain a schedule of all items removed from the Property and referenced in Para. 5.04B above and provide proof of the removal and/or the disposal thereof to the Town upon request. D. In the event Grantor fails to comply with the provisions of this Section 4.06 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 satisfy Grantor's obligations, including but not limited to implementation of the Plan and/or removal of vehicles and equipment, and to recover the costs of such action 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, 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 Rights 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 ten (10) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of ]! the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three (3) business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ART~[CLE 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 Extinguishment/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 ]2 modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. ]In such event, the Grantor, his successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual 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 Understanding This Easement contains the entire understanding between the 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 with the Purpose of this Easement as set forth in Section 0.03 and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code 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 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 ]3 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. Tnstead, 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 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 ~nterpretation 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. Tf 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 Headincls ]4 The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. ]:N W:[TNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACf~.~OW~EDGED AND/~CCEPTED: ]Olin A. SEPENOSKI, Grantor PATRICIA A.-SEI~EIg(OSKI, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOyLD, Grantee Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /_,~ day of November in the year 2008 before me, the undersigned, personally appeared John A. 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 which the individual(s~Acted, exe~_cJ. Lt~. the instrument .~ ~ ' ~.EPHEN p SPANB ~'~7 N°tarY :?~ ~ ?ate °f New York wo u7 ~P4906864 Notary ~Uic~ F ~ ~ eua~it~e~n On this [/3day ~f N~ember in the year 2008 before me, the undersigned, personally appeared Pat~ A. Sepenoski personally known to me or proved to me on the basis of satisfactoW 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) o~he instrument, the individual(s), or the person upon behalf of which ~ual~%~ the instrument. Notary Public STEPHEN p SPANBURGH / / /I O.al~°'01~P4906864 STATE OF NEW~W~ORK~ )/) I My Comm~ss"ed ir. Suffolk County COUN~ OF S~FOLK ~SS: on Exbires O~. 5.2009 On this/5 day of November in the year 2008 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactow 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 duaF~-~ed the instrument. '~']" No '~ - rate of New "' ,2009 Fidelity National Title Insurance Company POLICY NO.: NY2451-10-FNP-O1506-2008.2730632-76751865 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO TffE E*£ZUSIONS FROM CO}'ERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, aa' of Date of Policy and, to the extent slated in Covered Risks 9 and l O, afier Date of Policy, againsl loss or damage, no exceeding the Amount of lnsurance, sustained or incurred by the lnsured by reason of 1. Title being vested other than as stated m Schedule A. 2. Any defect in or lien or encumbrance on the Tale. This Covered Rtsk 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: (lO fadure of any person or Entity to have authorized a trat~fer or conveyance; (ilo a document affecting Title not properly created executed, witnessed sealed acknowledged notarized or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by Ia*v; (v) a document executed under a falsified expired or otherwise invalid power of attorney, (vi) ad~cumentn~tpr~perly~ledrec~rded~rindexedinthePub~icRec~rdsincludmgfai~uret~perf~rmth~seactsbyelectr~nicmeansaut~~rtzedby~aw~~r (vi0 a defectiveJudlctal or admmtstratlve proceeding. (b) The hen of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpalc~ (c) Anyencroachment, encumbrance, violation, varintton, oradversecircumstanceaffectingthe Titlethatwouldbedisclosedbyanaccurateandcompletelandsurv{vof the Land. 77re term "encroachment" includes encroachments of existing improvements Iocated on the Land onto adJoining land and encroachments onto the Land of existing improvements located on adJoining land 3 Unmarketable Title. 4 No right of access to and from the Land 5. The violation or enforcement of any law~ ordmance, permit, or governmental regulation (mchtdlng those relaling to building and zoning) restricting, regulanng~ prohibiting, or relating to (a) the occupancy, use, or enjoyment q£the Land; (3) the character, dtmensinns, or location of any improvement erected on the Lan& (c) the subdivision of lan& or (dj envtronmental protection Ifa notwe, describing any part of the Land is recorded in the Public Records setting forth the violaPon or mlention to enforce, but only to the extent of the violation or enforcement referred to in that notice 6 Anenforcementacttonbasedon theexerct~e~fag~vernmenta~p~licep~wern~tc~veredbyC~veredRisk5ifan~tice~ftheenf~rcementacti~n, descrtbinganypartofthe Land is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7 Theexercise~fthertght~~feminentd~maintfan~tice~ftheexerc~se.describinganypart~ftheLandtsrec~rdedinthePublicRec~rds. 8 Any taking by a governmental body that has occurred and is binding on the rtghts afc purchaser for value without Knowledge. 9 Title being vested other than as stated 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, afc transfer of all or any part of the tale to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule ,4 because that prinr transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws, or I3) 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 (it) to impart notice of its existence to a purchaser for value or to a judgtnent or lien credtto~ I0 At[v defect in or lten or encumbrance on the Title orothermatterincludsdinCoveredRiske l through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Pohcy and prinr to the recording of the deed or other instrument of transfer in the Public Records that vests Tttle 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 its duly authorized oflicers Countersigned: Authorized Signatory NY2451 FNP-01506 Peconic Abstract, 1nc. 405 Ostrander Avenue Riverhead, NY 11901 Tel:(631) 369-0222 Fax:(631) 369-4020 2730632 (5/07) ALTA Owner's Policy (6/I 7/06) w/New York coverage Endorsement Appended SCHEDULE A TITLE NO. FNP-01506 POLICY NO. 2730632-76751865 AMOUNT OF INSURANCE: $ 3,575,512.00 DATE OF POLICY: 11/13108 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERFD BY THIS POLICY IS: DEVELOPMENT RIGHTS 3, TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTFD IN: TOWN OF SOUTHOLD by a Grant of Development Rights Easement dated 11/13/08 and recorded 11/14/08 in the Suffolk County Clerk's Office in Liber 12571 page 833. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000-054.00.03.00.024.001 nlk/a 024.0C~6 Peconic Abstract, Inc. Title No.: FNP.01506 Amended 11110/08 Development Rights Schedule A Description ALL that certain plot, piece or pamel of land, situate North of the Village of Southold, in the County of Suffolk and State of New York, and in the Township of Southold, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Old North Road distant 1332.39 feet westerly from the corner formed by the intersection of the westerly side of Lighhouse Road with the northerly side of Old North Road; THENCE along the northerly side of Old North Road, South 33 degrees 29 minutes 28 seconds West, 311.39 feet to a monument and to land now or formerly of Stepnoski; THENCE along said land now or formerly of Stepnoski the following (2) courses and distances: 1) North 42 degrees 46 minutes 40 seconds West, 150.00 feet; 2) South 33 degrees 26 minutes 10 seconds West, 145.00 feet to land now or formerly of Suffolk County Water Authority; THENCE along said land, North 42 degrees 46 minutes 40 seconds West, 1489.58 feet to a pipe and to land now or formerly of Boyce; THENCE along said land now or formerly of Boyce the following (2) courses and distances: 1) North 44 degrees 02 minutes 50 seconds East, 270.67 feet to a pipe; 2) North 42 degrees 00 minutes 50 seconds West, 887.37 feet to a pipe and to Map of Northwood Estates, File #5675, filed 2/17/72; Continued page THENCE along said land, North 39 degrees 47 minutes 10 seconds East, 1064.89 feet to a rod and to land now or formerly of Town of Southold; THENCE South 41 degrees 47 minutes 40 seconds East, 1151.49 feet; to a monument THENCE South 33 degrees 19 minutes 30 seconds West, 819.56 feet to the northwest corner of the reserved area; THENCE South 42 degrees 19 minutes 40 seconds East, 968.36 feet; THENCE South 33 degrees 29 minutes 28 seconds West, 71.94 feet; THENCE South 42 degrees 19 minutes 40 seconds East, 237.65 feet to the northerly side of Old North Road and the point or place of BEGINNING. Subject to a Right of Way along the westerly line of the described premises. SCHEDULE B POLICY NO.: 2730632-76751865 TITLE NUMBER: FNP-01506 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Rights of tenants or persons in possession. 2) Survey by Peconic Surveyors, dated last 10/20/08 and 1/17/08 shows vacant land; Farm Road extends onto subject premises. Also shows a Right of Way (width unknown) on the westerly side of premises. Possible rights of others in, through and over said Farm Road. Rights of others in, through and over said Right of Way. 3) Right of Way in Liber 12111 page 916. 4) Premises herein are listed as partially exempt from taxation at the present time, but may be subject to discontinuance of such exemption and possibly the imposition of an additional tax by reason of transfer or death of title from the exempt owner. Attached to and made a part of Policy Number I. Covered Risk Number 2(c) is deleted. 2. FIDELITY NATIONAL TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) The following is added as a Covered Risk I l. 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: 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 showu in Schedule A. This endorsement is issued as part office 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 extant 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 all of the terms and provisions of the policy and of any prior endorsements. DATE: Countersigand: By: 27E167 (5101107) STANDARD NEW YOKK ENDORSEMENT FOR USE WITH ALTA OWNER'S POLICY (6 17 06) CLOSING STATEMENT JOHN SEPENOSKI and PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Total Development Rights Easement- 45.2410 acres Total Parcel Acreage - 53.7202 acres Reserved Area - 8.4792 acre Right of Way - 0.5471 acre Premises: 1655 Old North Road, Southold SCTM #1000-54-3-p/o 24.1 Closing took place on Thursday, November 13, 2008 at 10:30 a.m., Southold Town Hall Annex Purchase Price of $ 3,575,512.00 (based upon 44.6939 buildable acres $80,0001buildable acre) disbursed as follows: Payable to Patricia A. Sepenoski Check #98615 (11113/08) $ 1,784,006.00 Asset Preservation, Inc. Check ~98612 (11/13/08) $ 1,784,006.00 Charles R. Cuddy, Esq. Check #98613 (11/13108) $ 7,500.00 Expenses of Closing: Appraisal Payable to Given Associates LLC Check #91181 (5122/07) Updated Appraisal Payable to Given Associates LLC Check #95190 (3125/08) $ 2,800.00 $ 1,800.00 Survey Payable to Peconic Surveyors, P.C. Check #98728 (11/18108) $ 7,200.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check ~97901 (9/23/08) $ 1,400.00 Title Report Payable to Peconic Abstract, Inc. Check #98614 (11113/08) Title insurance policy Recording easement & certified copy $ 13,936.00 $ 360.00 $ 14,296.00 Title Closer Attendance Fee Payable to Stephen Spanburgh Check #98616 (11/13~08) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. John Sepenoski John P. Sepenoski Patricia A. Sepenoski Julie McGivney Stephen Spanburgh Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller son of John Sepenoski Seller daughter of Patricia A. Sepenoski Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 019217 PATRICIA A. SEPENOSKI 11/13/2008 CHECK 98615 FUND & ACCOUNT P.O.~ I~VOIC~ DESCRIPTION AMOUNT H3 .8660.2.600.100 FNP-01506 1/2 BAL PURCH-45.24 AC 1,784,006.00 TOTAL 1,784,006.00 TOWN OF SOUTHOLD VENDOR 003643 ASSET PRESERVATION INC. FUND & ACCOUNT P.O. # TNVOICE 11/13/2008 I CHECK DESCRIPTION H3 .8660.2.600.100 111308 1/2 PURCH-45.24 ACRES 98612 AMOUNT 1,784,006.00 1~784,006.00 TO~I OF SOUTHOLD VENDOR 003715 CHARLES R CUDDY AS ATTORNEY FUND & ACCOUNT P. O. # INVOICE 11/13/2008 CHECK 98613 DESCRIPTION AMOUNT H3 8660.2.600.100 111308 LEGAL FEES- SEPENOSKI TOTAL 7,5~0.00 '~ ,'5oo. oo ,/ GIVEN ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date - In¥oice # 4/30/2007 293 Bill To I Town of Southold P.O. Box 1179 Southold NY 11971-0959 IPlease make check payable to: GIVEN ASSOCIATES, LLC. I I Description Appraisal of Real Property of Patricia Sepenoski Located 1655 Old North Road Southold, NY S.C.T.M. #1000-54-3-24.1 Terms Due upon Receipt File No. 2007184 Amount 2,800.00 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 007416 GIVEN A~SOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use 1/30/2007 1/30/2007 H3 .600 Disburs InquirE by Vendor Name .............. Detail--GL100N .............. : W-05222007-164 Line: 141 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 5/22/2007 SDT 5/18/07 : : Trx Amount... 2,800.00 : Acti 2/27/2007 2/27/2007 H3 .600 : Description.. APPRAISAL-SEPENOSKI : 3/13/2007 3/13/2007 H3 .600 : Vendor Code.. 007416 : 3/13/2007 3/13/2007 H3 .600 : Vendor Name.. GIVEN ASSOCIATES LLC : 3/27/2007 3/27/2007 H3 .600 : Alt Vnd.. : 5/22/2007 5/22/2007 H3 .600 : CHECK ........ 91181 SCNB : 5/22/2007 5/22/2007 H3 .600 : Invoice Code. 293 : ~ 5/22/2007 5/22/2007 H3 .600 : VOUCHER ...... : . . 7/31/2007 7/31/2007 H2 .600 : P.O. Code .... 16912 : .. 7/31/2007 7/31/2007 H2 .600 : Project Code. : .. 8/14/2007 8/14/2007 H2 .600 : Final Payment F Liquid. : .. 9/25/2007 9/25/2007 H2 .600 : T~pe of 1099. M BOX. 07 Addl. : .. 10/09/2007 10/09/2007 A .600 : Fixed Asset.. Y : .. 10/23/2007 10/23/2007 H2 .600 : Date Released 5/22/2007 : .. 12/18/2007 12/18/2007 H2 .600 : Date Cleared. 6/30/2008 : ......................... Use Acti : F3=Exit F12=Cancel : F2=Shift Up F3=Exit F10=Prev View : : Select Record(s) or Use Action Code GIVEN ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date Invoice 2/22/2008 506 Bill To I Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC ] I Description Appraisal of Real Property of Patricia Sepenoski Located 1655 Old North Road Southold, NY S.C.T.M. #1000-54-3-24.1 File No. Terms 2008167 Due upon Receipt Amount GL108S 20 TOWN OF SOUTHOLD VieW'l ** Actual Hi Vendor.. 007416 GIVEN /LS$OCIATES LA Y=Select JE Date Trx. Date Fund Account ......................... Use Acti ,. 1/02/2008 1/02/2008 E2 .600 ,. 1/02/2008 1/02/2008 E2 .600 3/25/2008 3/25/2008 H3 .600 i~ 3/25/2008 3/25/2008 H3 .600 ,, 4/08/2008 4/08/2008 H3 .600 ,, 6/03/2008 6/03/2008 82 .600 ,, 9/23/2008 9/23/2008 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-03252008-127 Line: 153 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 3/25/2008 SDT 3/21/08 : Trx Amount... 1,800.00 : Description.. APPRAISAL-P.SEPENOSKI : Vendor Code.. 007416 : Vendor Name,. GIVEN ASSOCIATES LLC : Alt Vnd.. : CHECK ........ 95190 SCNB : Invoice Code. 506 : VOUCHER ...... : P.O. Code .... 17461 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. 07 Addl. : Fixed Asset.. Y : Date Released 3/25/2008 : Date Cleared. 6/30/2008 : F3=Exit F12=Cancel : : PECONIC ~URVEYORS~ P.Co P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 August 8, 2008 Town of Southold Department of Land Preservation Town Hall Annex Southold, NY. 11971 F~' P'I~C~F-I~S]-OI~AL= ~ERV~ES RENDERED: JOB# 08-175 SURVEY W/DEVELOPMENT RIGHTS EASEMENT 53.9 ACRES/8ACRE RESERVE AREA $ 7,200.00 SUFFOLK COUNTY TAX MAP # 1000-54-O3-24.1 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti .. 2/13/2007 2/13/2007 .. 2/13/2007 2/13/2007 ,. 4/24/2007 4/24/2007 .. 4/24/2007 4/24/2007 .. 4/24/2007 4/24/2007 .. 5/08/2007 5/08/2007 ,, 5/08/2007 5/08/2007 8/14/2007 8/14/2007 10/09/2007 10/09/2007 ,, 5/06/2008 5/06/2008 6/17/2008 6/17/2008 ~ 11/18/2008 11/18/2008 H3 600 600 H3 600 H3 600 H3 600 H3 600 H3 600 H2 .600 H .600 H .1620.2.4 H3 .600 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-11182008-200 Line: 267 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/18/2008 SDT 11/14/08 : : Trx Amount... 7,200.00 : : Description.. sURvEY-SEPENOSKI : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 98728 SCNB : : Invoice Code. 08-175 : · VOUCHER · : P.O. Code .... 18252 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 11/18/2008 : : Date Cleared. 11/30/2008 : : F3=Exit F12=Cancel : : : elson, ope & voorrllS, /_/_(; ,572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 08178 Project: VA02695 Seponoski Property, Southold Manager: McGinn, Steven To: Town of Southold Devt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski lnvoice #: 6080 Invoice Date: September 09, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,400. O0 Purchase Order #18889 - SCTM #1000-54-3-24.1 Contract dated July 10, 2008- Item #1: Phase I Environmental Site Assessment Work Performed thru 8/26/08 Contract Amount: $1,400.00 Percent Complete: 100.00% Fee Earned: $1,400.00 Prior Fee Billings: $0.00 Current Fee Total: $1,400.00 *** Total Project Invoice Amount $1,400. O0 GL108S 20 TOWN OF SOUTHOLD View i ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use 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 7/15/2008 7/15/2008 H3 .600 7/29/2008 7/29/2008 B .600 7/29/2008 7/29/2008 B .600 7/29/2008 7/29/2008 B .600 7/29/2008 7/29/2008 B .600 7/29/2008 7/29/2008 B .600 7/29/2008 7/29/2008 B .600 8/12/2008 8/12/2008 B .600 9/23/2008 9/23/2008 H3 .600 Acti 9/23/2008 9/23/2008 H3 .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-09232008-710 Line: 304 Fozmula: 0 : : Account.. H3 .600 : : Acct Desc A~COUNTS PAYABLE : : Trx Date ..... 9/23/2008 SDT 9/23/08 : : Trx Amount... 1,400.00 : : Description.. PHASE 1-SEPENOSKI : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 97901 SCNB : : Invoice Code. 6080 : : VOUCHER ...... : : P.O. Code .... 18889 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/23/2008 : : Date Cleared. 9/30/2008 : : F3=Exit F12=Cancel : : : TOWN OF SOUTHOLD VENDOR 016139 PECONIC ABSTRACT, INC. 11~3/2008 CHECK 98614 FUND & ACCOUNT p.O. ~ INVOICE D~SCRIPTION % AMO~T H3 .8660.2.600.100 H3 .86~Q.2.600.100 18251 FNP-01506 18251 FNP-01506 TOTAL TITLE INS-SEPENOSKI 13,936.00 CERT COPY-SEPENOSKI 360.00 14,296.00 TOWN OF SOUTHoLDk'~ VENDOR 019620 STEPHEN SPANBURGH 11/13/200~ ~ ~ CHECK 98616 FUND & ACCOUNT P. O. ~ INVOICE H3 .8660.2.600.100 FNP-01506 DESCRIPTION TITLE CLO'SER - SEPENOS KI TOTAL AMOUNT 100.00 100,00 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (63 l) 765-571 l Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: From: Date: Re: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy Melissa Spiro, Land Preservation Coordinator November13,2008 SEPENOSKI to TOWN OF SOUTHOLD plo SCTM #1000-54-3-24.1 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 1655 Old North Road, Southold SCTM #: part of 1000-54-3-24.1 PROPERTY OWNERS: John A. Sepenoski and Patricia A. Sepenoski PURCHASE DATE: Thursday, November 13, 2008 PURCHASE PRICE: $3,575,512.00 (based on 44.6939 acres ~ $80,000/buildable acre) TOTAL PARCEL ACREAGE: 53.7202 acres EASEMENT ACREAGE: 45.2410 acres (includes 0.5471 acre right-of-way) RESERVED AREA: 8.4792 acres ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: This property is listed on the Community Preservation Project Plan list. The land is actively farmed and includes some wooded area.