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HomeMy WebLinkAboutNielsen, Frances E1000-5-1-8 Baseline Documentation Premises: Private Road (off East End Road) Fishers Island, New York 3.62 acres Gift of Conservation Easement for Open Space FRANCES E. NIELSEN to TOWN OF SOUTHOLD Deed dated June 25, 2003 Recorded August 20, 2003 Suffolk County Clerk - Liber D00012267, Page 561 SCTM ii: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Easement Acres: Zoned: Existing Improvements: 1000-$-1-8 Private Road known as Oriental Avenue (off East End Road) Fishers Island $ -0- (gift) closing costs only- Community Preservation Fund (2% land bank) Yes 6.34 acres 3.62 easement acres R-120 none on easement P R 0 P E R T Y V I S U A L S ConServation Easement Donation by Frances E. Nielson (5¢T~# §-1-8) Map prepared by Land Presevation Department from 2001 aerial photo. Approximate scale l" to 200". 005 1920's SHINGLE STYLE Fishers Island, N.Y. RESIDENCE OVERVIEW: Majestic and unspoiled. Beautifully proportioned rooms, gleaming hardwoods and four fireplaces. First Floor-- Gracious Entrance Hall. Study with Fireplace. Pow- der Room. Large Living Room with wainscoting and Fireplace. Enclosed Sun Porch and fabulous Screened Porch with Western and Southern exposures. Paneled Dining Room with Fireplace and bay window. Kitchen with Butler's Pantry. Two Car Garage. Detached Adirondack "Game Room" with French doors Fireplace. Second Floor--Master Bedroom with Bath. Four Bedrooms each with Bath. Former "Maid's Wing" with Porch, Living Room and Kitchen on the First Floor: Two Large Bedrooms, each with Bath, Sitting Room, Third Bedroom and Laundry on the Second Floor. PROPERTY OVERVIEW: Spectacular southerly views of Block Island Sound. 2.72 acres on the eastem end of the Island surrounded by the golf course. LIST PRICE: $2,195,000 LIST AGENT: Tom Patterson · t Glnnel Real Esta e P.O. Box 258 Fishers Island, N.Y. 06390 (631)788-7805 www. ginnel.com Property ..The property is approximately 2.72 acres on the East End of the Island sur- rounded by the golf course. Recent landscaping and clearing combined with southerly views of Block Island Sound and western views of Fishers Island Sound creates a spec- tacular setting. The property is comprised of two separate lots as depicted on the 1987 FICO Map as Lots 8-6A and 8-6. Two adjacent lots, 8-7 and 8-8, are being put into conservation. Residenc~The 6800+/- square foot residence is Shingle Style reminiscent of Fish- ers Island in the 1920's. Majestic and unspoiled, it features beautifully proportioned rooms, gleaming hardwoods and four f'treplaees. The house has been beautifully reno- vated over the last four years. The following highlights the floor plan: First Floor- Gracious Entrance Hall. Study with Fireplace. Powder Room. Large Living Room with wainscoting and Fireplace. Enclosed Sun Porch and fabulous Screened Porch with Western and Southern exposures. Dining Room with Fireplace and bay window. Newly renovated Kitchen with Butler's Pantry. Two car garage. Detached Adirondack "Game Room" with French doors and Fireplace. Second Floor--Master Bedroom with Bath. Four Bedrooms each with Bath. Former "Maid's Wing" with Porch, Living Room and Kitchen on the First Floor: Two large Bedrooms, each with Bath, Sitting Room, Third Bedroom and Laundry on the Second Floor. Spectacular southerly views of Block Island Sound are visible from many rooms. There is a tennis court, no longer in use that could be easily modernized. The DEC has issued an approval for a swimming pool. Improvements--The windows have been replaced with insulated New Weather-Shield windows. A 5-ton York central air conditioning system has been installed for the sec- ond floor. Electrical service has been updated to a 200 ampere service. There is a new septic system. The bathrooms throughout the main house have been renovated in keep- ing with the style of the era. The heating system has been replaced with a new steam boiler and burner. The oil tank has been replaced. There is a new 80-gallon electric hot water heater. Lightening arrestors have been installed and there is a new alarm system. Offering subject to errors, omi~ions, change of pr/ce or withdrawal without Nielsen ~ Fishers Island Photos Taken 10/11/02 E N V I R O N M E N T A L S U M M A R Y I Phase I Environmental Site Assessment Nielsen Property 1 .._~0 SUMMARY I I I I I The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report identifies Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resume of key personnel. The subject property is situated on Fishers Island, Town of Southold, County of Suffolk, New York. The subject property consists of approximately 4.0 acres of a 6.3 acre parcel of land. The property is located on the south side of Oriental Avenue, approximately 100 feet east of East End Road. The property is more particularly described as Suffolk County Tax Map # 1000-005-01- p/o 8. I I I I The subject property consists mainly of wooded land and wetland areas. The remaining area of the tax parcel is occupied by a house and associated driveway. The wetland ama is part of a NYSDEC Freshwater Wetland designated MY-25. No staining, stressed vegetation, structures or foundations were located on the portion of the subject property that is part of this report. No debris, garbage or alteration of this site that would constitute a recognized environmental condition was found. An extensive govemment records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) closed spill incident was located within one-half (0.5) mile and one (1) PBS facility was located within one-quarter (0.25) mile of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. I Nielsen Property, Fishers Island Phase I ESA FIGURE 1 I I LOCATION MAP Nielsen Property, Fishers Island Fishe~ Island Southold 0 mi 0.5 I 1.5 I Copyright © 1908-2001 Microsoft Carp and/or its suppliers, All rights reserYed http://w',~w mJcrosoft.com/s~ree[s © Capyrigh[ 2000 by Geographic Data Technology, thc. All nghts reserved © 2000 Nawgation Technologies, All r[ghls reserved This data incJudes information taken w~th perrmssion from Canadian authorities © Her Majesty the Queen in Right of Canada. © Copyright 2000 by Compusearch Micromad<eting Data and Sys[ems Ltd. I Page 7 of 23 I I I I I I I I I I I I I FIGURE 2 SITE MAP Nielsen Property, Fishers Island Phase I ESA 2 8 SITE 7.4 7,5 NORTH ! + Page 9 of 23 Toxics Targeting 1 Mile Radius Map Nielsen Property Fishers Island, NY 06390 1/4 Mile Radius Toxics Targeting 1/2 Mile Radius Map Nielsen Properly Fishers Island, NY 06390 Suffolk County Roads Border Toxics Targeting 1/4 Mile Radius Map Nielsen Properly Fishers Island, NY 06390 Nielsen Properly Location Minor .......... 1/4 Mile Radius Suffolk County Air Release Civil EIiforcement Docket Facilily ~ Walerbody Toxics Targeting 1/4 Mile Closeup Map Nielsen Property Fishers Island, NY 06390 Suffolk County Mail)r Oil ~ Storage Facility * .~ Hazardous Material Spill · , 7 Wastewater Dockel Facility · Storage Facility Maim 114 Mile Rariius ~ Walerbody P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTHAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 772 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 19, 2002: RESOLVED that pursuant to the provisions of Chapter 59 of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, December 3, 2002, at 5:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to the Town of Southold on the property owned by Frances Nielsen. Said property is identified as SCTM #1000-5-1-8. The property is located on Fishers Island, within the Fisher's Island Development Corporation district. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state. The remainder of the property is limited to no more then 1 single family residence with appurtenant structures and improvements. The exact area of the conservation area is subject to survey. The total acquisition price is costs associated with transfer of title of land to be gifted. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC REARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 of the Town Code, the Town Board of the Town of $outhold hereby sets Tuesday, December 3~ 2002~ at 5:15 p.m., Southold Town Ilall~ 5309~ Main Road~ $outhold~ New Y0rl[ as the time and place for a public hearing on the quasti~n of acouisition by ~ ~f · .conservation easement to the Town of $outhold on the property owned by Francr~ Nielsen. Said property is identified as SCTM #1000-5-1-8. The property is located on Fishers Island, within the Fisher's Island Development Corporation district. Thc conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state. The remainder of the property is limited to no more then 1 single family r~idence with appurtenant s~nlcturas and improvements. The exact area of the conservation area is subject to survey. The total acquisition ptice is costs associated with ~ransfer of title of l~.nd to be gifted. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: NOVEMBER 19, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON NOVEMBER 27, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Thc Suffolk Times Town Board Members Town Attorney John Cushman, Accounting Land Preserv~ion Committ~ Depamn~m of Land Preservation Francas Nieis~n Town Clerk's Bull~tin Board NOV n ~~ ["' SOUTHOLD TOWN BOARD PUBLIC HEARING December 3, 2002 5:15 P.M. HEARING ON THE ACQUISITION BY GIFT OF A CONSERVATION EASEMENT OF FRANCES NIELSEN~ SCTM# 1000-5-1-8. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman John M. Romanelli COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 59 of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ December 3~ 2002~ at 5:15 p.m, Southold Town Halk 53095 Main Road, Southold~ New York as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to the Town of Southold on the property owned by Frances Nielsen. Said property is identified as SCTM #1000-5-1-8. The property is located on Fishers Island, within the Fisher's Island Development Corporation district. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state. The remainder of the property is limited to no more then 1 single family residence with appurtenant structures and improvements. The exact area of the conservation area is subject to survey. The total acquisition price is costs associated with transfer of title of land to be gifted. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. I have here a legal to show that it has been advertised in the newspaper and certification that it has appeared on the Town Clerk's bulletin board. I have no further communications pro or con on this particular acquisition. SUPERVISOR HORTON: I take it you would care to address the Board on this public heating? MARION SUMNER, DIRECTOR, CONSERVATION PROGRAMS FOR PECONIC LAND TRUST: Good Evening, I am Marion Stunner, Director of Conservation Programs for Peconic Land Trust. The subject of tonights hearing is the donation of a conservation on the Nielsen property on Public Heating 2 Nielsen property Fishers Island that the Trust is working on in behalf of the Town to facilitate this project. The approximately 6.34 acre property comprises 4 lots in the approved Fishers Island Development Corporation subdivision. It is adjacent to protected property currently owned by the Ferguson Museum and it is visible from Block Island Sound and the East Harbor. There is one existing home and an accessory structure on the property. The proposed conservation easement will eliminate three development rights on the scenic property. The easement document will describe a roughly two acre development area which will comprise the existing house and it will allow for the potential of an additional accessory structure, such as a pool or a tennis court or the like. It will also describe a 4 acre open area which will remain in its natural and scenic state. We visited the property and it is spectacular. I think it is a wonderful addition to the Town's conservation efforts. So thank you for your support of the project and we really thank the Nielsen's as well for their generous donation. SUPERVISOR HORTON: Would anyone else care to address the Board? Are you going to explain exactly how that is visible from Block Island Sound? MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: I am Melissa Spiro, the Land Coordinator for the Town and I am not going to reiterate Marion's comments but I would just like to say that the Land Preservation Committee has reviewed this application, they are in support of it, my Department is in support of it and we thank the Peconic Land Trust for doing some outreach on behalf of the Town on Fishers Island and we hope that there are other people on Fishers Island and also on the mainland that can take advantage of the conservation easement donation aspect of land preservation and we look fo~vard to working with other people on Fishers Island and the mainland in that aspect. Thank-you. SUPERVISOR HORTON: Thank-you. Would anyone else care to address the Board on this public heating? JUSTICE EVANS: Melissa, shouldn't you mention also that it doesn't just have to be donations. Sometimes some of the properties .... MELISSA SPIRO: Right. We can also do acquisitions, of course, both on Fishers Island and on the mainland, I was just trying to put out there the other concept of the donation. Thanks. SUPERVISOR HORTON: Any more comment on this public hearing? (No response) members? (No response) I will close the public hearing. Board Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 816 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2002: WHEREAS, the Town Board of the Town of Southold wishes to accept the gift of a conservation easement from Frances Nielsen, for open space preservation purposes in accordance with Chapter 59 of the Town Code. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then the existing single family residence with appurtenant structures and improvements. The property is known as SCTM# 1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8). The exact area of the conservation easement to be gifted is subject to a survey. The total price will be acquisition costs associated with transfer of title of the easement to be gifted; 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; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT/SPONSOR 3.PROJECT LOCATION: Municipality 617~20 SEQR APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by A 4icant or Project Sponsor) 2, PROJECT NAME 4. PRECISE LOCATION: Street Addess and Road Intersections, Prominent landmarks etc - or provide mae 5. IS PROPOSED ACTION: [] New [] Expansion [] Modification / alterat;,on 6. DESCRIBE PROJECT SRIEFLY: 7. AMOUNT OF LAND AFFECTED: Initially ~..o.'~ acres Ultimately ~,~L~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? []Yes ['--] No If no, descdbe briefly: 0. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? (Choose as many as apply.) r'-~Residential r-]Industrial ~'--]Commercial r~Agriculture ["*~:~ Park / Forest / Open Space r-']Other (describe) 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Federal, State or Local) ]Yes r'"~No If yes, list name and permit / agency approval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~Yes ~'.'".'~No If yes, list agency name and permit / approval: 12, AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? [~Yes I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicact , Sponsor Name ~&\ ~ "--~,~'-~ ,~ o. ~ ~ Signature__ _ ,~_~~=~ __ If the action is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II - IMPACT ASSESSMENT (To be completed by Lead A~lenc¥) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. [~Yes [~No B. W~LL ACT~~N RE~EI~E C~~RD~NATED REV~EW AS PR~VIDED F~R UNL~STED AcT~~NS ~N 6 NYCRR~ PART 617~6? IfNo, anegafive 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 handw~tten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, exisfieg traffic pe~tern, sofid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation ~ Iauna, fish, shei'ifish ~ ~idffie spo~ec, si~nificent ~abitat~, or threatened or endangerad ~peclos? Explain briefly: commun ty s existing plans or goa s as offlc a h/adopted, or a change in use or ntensity of use of land or other natural resources? Explain briefly: Gro~h, Sub~eduent doveiopmect, or related activities likely to be induced by tho proposed action? Explain C6. Long term, shod term, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7. Other impacts Iincludin~ chan~es in use of either quanit~/or ~pe of energy/? Explain briefll,,: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICA ENVIRONMENTAL AREA ICEAI? (If yes, explain bdefl;/: E. IS THERE, OR IS THERE [~Yes [~o LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yes explain: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadversee~ectidenti~edabeve~determinewhetheritissubstantia~arge~imp~rtant~r~then~visesigni~cant~ Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (bi probability of occurring; (c) duration; (d) in*eversibility; (e) geographic scope; and (fi 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. determination. Name of Lead Agency e Name of R~spo~ble Officer in Lead Agency *~ Signature of Resl:tOl'i~ibf~FOfficer 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 FULl 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 actior WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons suppoding thi.~ Title of Responsible Officer Signature of Preparer (If different from responsible officer) A C C E P T A N C E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 MoJn Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 819 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 3, 2002: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of a conservation easement on property owned by Frances Nielsen, for open space preservation purposes in accordance with Chapter 59 (Open Space Preservation) of the Town Code, on the 3rd day of December, 2002, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the property is known as SCTM#1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8); and WHEREAS, the conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then 1 single family residence with appurtenant structures and improvements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accept the offer of the gift of the conservation easement for open space preservation purposes, in accordance with Chapter 59 of the Town Code; now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to accept the gift of a conservation easement from Frances Nielsen~ for open space preservation purposes in accordance with Chapter 59 of the Town Code. The conservation easement is on the 6.34 acre parcel and protects it such that a portion of the property, comprising approximately 4 acres, shall remain in its open, undeveloped, and scenic state, and the remainder of the property is limited to no more then the existing single family residence with appurtenant structures and improvements. The property is known as SCTM#1000-5-1-8 and is located on Fishers Island, within the Fisher's Island Development Corporation subdivision (Lots Numbered Block 8: Lots 6, 6A, 7 and 8). The exact area of the conservation easement to be gifted is subject to a survey. The total price will be acquisition costs associated with transfer of title of the easement to be gifted. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT FRANCES E. NIELSEN to TOWN OF SOUTHOLD Gift of Development Rights Easement SCTM #1000-5-1-8 (Lots 7 &8) Premises: Private Road off East End Road, Fishers Island Closing took place on Monday, July 21, 2003 - 10:00 a.m. Conference Room, Southold Town Hall Purchase Price (Gift): Expenses of Closing: Title Report $ 637.00 Payable to Stewart Title Insurance Company Title Report $ 402.00 Deed Recording Fee $ 215.00 Bankruptcy Search $ 20.00 Survey Payable to CME Associates Inc. $ 1150.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC $ 1500.00 Title Company Closer Victoria Charczuk $ 50.00 Those present at Closing: Joshua Y. Horton Gregory F. Yakaboski, Esq. Melissa Spiro Steve Ham, Esq. Victoria Charczuk Southold Town Supervisor Attorney for Town of Southold Land Preservation Coordinator Attorney for Frances E. Nielsen Title Closer Phone: Stewart Title Insurance,Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 PURCHASER/BORROWER INVOICE TITLE NO.: ;~3.-~q'~?~ TO: CLOSING DATE: REPRESENTING: PREMISES: Owner's Policy $. Loon Policy Loan Policy EndorsementJs) Owner's Fair Market Value Rider Departmental/Municipal Searches Bankruptcy SearchJes) New Survey or Survey Inspection Extra Chain Char. ge Extra Tax Search Adiournmenl Fee Overnight/Special Delivery Escrow Service Fee Escrow For Escrow For Escrow For Deed(s) to be recorded ( MortgageJs] to be recorded ( Borrower's Share of Mortgage Tax Cohsolidation/Exf ension/Modification 255/253 Affidavits Assignment(s) of Mortgage ) SatisfactionJs) of Mortgage Bldg Loan Agreement Other' Other Other TOTALS Title Insurance $ $ Zo,qo $. $ '$ $ $ ..$ .~37. o0 THANK YOU. Invoice CME Associates, Inc. d/bla CME/CPK Design Group PO Box 849 Woodstock, CT 06281 Town of Southold 53095 Main Road Southold NY 11971 May 31, 2003 Project No: 2003819.000 Invoice No: 0002661 Project: 2003819.000 Southold - survey map for Nielson lots Professional Services for the preparation of a survey map of the two Nielson Lots for Conservation Easements on Fishers Island, New York. Professional services from May 1, 2003 to May 31, 2003 Fee Total Fee 1,150.00 Total Earned Previous Fee Billing Current Fee Billing Total Fee 1,150.00 0.00 1,150.00 1,150.00 TERMS: NET 15 DAYS Total this invoice $1,150.00 Telephone # 860-928-7848 - Fax 860-928-7846 - Special Note: New Address. Nelson, Pope & Voorhis, LLC ,572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 03073 Project: VA01131 Nielsen Property, Fishers Island Manager: McGinn, Steven To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 1689 lnvoice Date: April 11, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,500.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 3/5 thru 4/2/03 Contract Amount: $1,500.00 Percent Complete: 100.00% Fee Earned: $1,500.00 Prior Fee Billings: $0~00 Current Fee Total: $1,500.00 *** Total Project Invoice Amount $1,500.00 All invoices are due net 30 days. A late charge of 1% per month will be added to any unpaid balance after 30 days. Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS VT~T~RTA ~RARC~I~ 110-50-7197 CLOSERS INVOICE Presen,ted 'to: Town of Southold re: Nielsen (gift of development rights) Title No. ~ ~' 2' '~''' 0 ~ ~ '~ Dole of Closing: . The following 'tees are due 1o above title closer for services rendered in connection with closing of the above re,terenced transaction: Type o,t Service Type of Service Type o,t Service Amount Due: $. -"~)' O0 Amount Due: $ Amount Due: $ TOTAL DUI:: $ ._ Kindly make check(s) payable to: Thank you. R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 21 TRANSFER TAX NUMBER: 03-02470 District= 1000 Deed Amount= Recorded: At: LIBER: PAGE: Section: Block= 005.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $o.oo Received the Following Fees For Above Instrument Exempt Page/Filing $63.00 NO Handling COE $5.00 NO NYS SURCHG TP~584 $5.00 NO Notation Cert.Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Conun. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 03-02470 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County 08/20/2003 11.-27..22 AM D00012267 563. Lot: 008.000 ExemI $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $123.00 Numberofpages TORRENS Serial # Cerlificale # Prior Cfi, # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 4 ] FEES Page / Filing Fee .. ~o .-~ Notalion EA-52 17(County) -- SubTotal . 7~,~ EA-5217 (State) R.P.T.$.A. ~ ~ Cemm. of Ed. -, 50Q Affidavit Certified Copy Reg. Copy .~D TOTAL 05031257 ~ooo oosoo ~ahs£a¢llons/Diseharges/Release~ Lisl Property Owners Mai n Mortgage Amt. i. Basic Tax 2. Additional Tax Sub Total Or Spec. 1Add. TOT. MTG. TAX Dual Town Dual County__ d~elting only. Community Preservation Fund Consideration Amount CPF Tax Due $ ~ Improved YacanlLand TD /~ TD TD. Title Company Information Title # 0 e/ fi ~ Suffolk Recor ng & Endorsement Page ]his~gefom~0f~a~ ~ee~ ~ ~O~g~l/~t'~ ~DS~ ~, madeby: (SP~ ~E ~ ~ ) TO Thepremises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of CPO u'r,% In th~ VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED O1~ PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. Dear Taxpayer, Your satisfaction of mortgage has been filed in my office and I am enclosing the original copy for your records. If a portion of your monthly mortghge payment included your prope~y taxes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future propert~ lax bills, Local property taxes are payable twice a year: on or before January 10~ and on or before May 31~t. Failuretomakepaymentsinatimelyfashioncouldresultinapanalty. Please contact your local Town Tax Receiver with any questions regarding property tax payment. Babylon Town Receiver of Taxes 200 East Sunrise Highway Nerth Lindenhum, N.Y. 11757 (516) 957-3004 Brookhaven Town Receiver of Taxe~ 250 East Main Street Port Jefferson, N.Y. 11777 (516) 473-0236 East Hampton Town Receiver of Texes 300 Pantigo Place East Hampton, N.Y. 11937 (516) 324-2770 Riverbead Town Receiver of Taxes 200 Howell Avenue Riverhead, N. Y. 11901 (516) 727-3200 Shelter Island Town Receiver of Taxes Shelter Island Town Hall Shelter Island, N.Y. 11964 (516) 749-3338 Smithtown Town Receiver of Taxes 99 West Main Street Smithtown, N.Y. 11787 (516) 360-7610 Huntington Town Receiver of Taxes 100 Main Street Huntington, N.Y. 11743 (516) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, N.Y. 11968 (516) 283-6514 Islip Town Receiver of Tax~s 40 Nassau Avenue Islip, N.Y. 11751 (516) 224-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, N.Y. 11971 (516) 765-1803 dw Sincerely, Edward P. Romaine Suffolk County Clerk DEED OF CONSERVATION EASEMENT TI-lIS DEED OF CONSERVATION EASEMENT, is made on the '7.~'rday of ,,~o~.~_.~, 2003 at Southold, New York. The parties are Frances E. Nielsen residing at 925 Park Avenue; New York, NY 10025 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, Southold, NY 11971 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 3.62 acres of certain real property located at Fishers Island in the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A, attached hereto, made a part hereof, and hereinatter referred to as the "Property"; and WHEREAS, the Property and has a yield of two (2) single-family residences and is located within the Fishers Island Development Corporation district of the Town of Southold and is further desmbed as Block 8, Lots 7 and 8 on the Map of Fishers Island Development Corporation, which Map was filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421; and WHEREAS, the Property has approximately 713 feet of road fromage and overlooks the Block Island Sound and Fishers Island Sound, offering a significant vistas of scenic, open space; and WHEREAS, as open space and woodland, the Property offers significant vistas from Block Island Sound and Fishers Island Sound; and WHEREAS, the Property consists of open meadow and woodland and is contiguous to environmentally sensitive wetlands; 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 adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, to protect the scenic, open space character of the Town and to protect the Town's resort economy; and WHEREAS, the protection of this Property is part of a broader plan to protect additional open space, woodland and wetlands located at Fishers Island; and WHEREAS, the Property in its present scenic and open space condition has substantial and significant value as an aesthetic and agricultural resource by reason of the fact that it has not been ~ubject to any exterisive 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 cormuon, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, and scenic 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 Conservation P. asement to Grantee in order to restrict the further development of the Property wh'fle permitting compat~le uses thereot:, NOW TH~REFOKE: 0.01 Grantor's Warranty_ Grantor warrants and represents to the Grantee that Grantor is the owner of the Property descn~oed in SCHEDULE A, free of any mortgages or liens. 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 authorized under Section 64 of the New York Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development fights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the scenic, open space and agricultural values of the Property and have the conanon purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space 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 Government Recognition 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 enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 2 0.05 Grantee's Warranty_ Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open land as determined by the Southold Town Board at a duly constituted meeting of that Board on December 3, 2002. 0.06 Documentation Grantee acknowledges by acceptance of this Easement that historical and present uses of the Property are compat~le with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gffi of this Easement. In order to aid in identifying and documenting the present condition of the Property's scenic, agricultural and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space 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 Conservation Easement Map and photographs of the Property and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. 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 mater/al documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy, but it shall be the burden of the party seeking to utilize any such additional documentation or information to establish by clear and convincing evidence, that the Baseline Documentation was inaccurate or incomplete in some material respect. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist Of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 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 assig'n,q and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any fights, 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 GIFT Grantor, as an absolute gift, 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 again.qt Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. ARTICLE THREE PROFtlBITED A_C_T~ 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 Except as provided in Section 4.05, (a) the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited, and (b) structures and improvements, including, but not limited to, driveways and agricultural structures, may not be made on, over, or under the Property without 4 'the prior written consent of the Grantee which shall be granted if the structure or improvement does not defeat or derogate the purposes of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Propen'y, except as may be necessary to construct and maintain permitted structures and improvements on the Property (including underground utilities), shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity, structure or improvement does not defeat or derogate fi.om the purposes of this Easement. Mineral exploitation, and extraction by any method, surface or subsurface, is proh~ited. 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. The removal of topsoil, sand, or other materials shall not take place on the Property, nor shall the topography of the Property be changed without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate the purposes of this Easement. 3.03 Subdivision There shall be no further subdivision, division or partitioning of the Property, but Grantor shall be entitled to merge the Property with the adjoining residential parcels known at Block 8, Lots 6 and 6A. 3.04 Dumping, 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. 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, (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) to announce Grantee's conservation easement or any public hearings, etc.. Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town. 3.06 Cutting of Timber The cutting or harvesting of timber on the Property shall be prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by forces of nature, (b) to prune and selectively thin trees to maintain vistas consistent with the Conservation Easement map constituting a part of the Baseline Documentation, and (c) to construct and maintain the permitted structures and improvements on the Propeay with the prior written consent of the Grantee. 3.07 Soil and Water Except as allowed ia Article Four herein, 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; provided that 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 ia accordance with sound agricultural management practices of the USDA Soil Conservation Service. For purposes of this Section 3.07, "agricultural operations and practices" shall include the maintenance of the existing lawn area and shrubs on the Property. 3.08 Landscapiag Activities The removal of trees, shrubs, or other vegetation from the Property shall be protu~oited except as provided in Section 3.06 and' Section 4.04. 3.09 Utilities Except as reasonably necessary in conjunction with the construction of allowable residential improvements pursuant to Section 4.05.A., the creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, which consent shall be granted if the creation or placement does not defect or derogate the purposes of this Easement. Utilities must, to the extent possible, be constructed within 30 feet of the center line of roads or driveways, and may be used solely to sendce the permitted structures. Overhead utilities as they presently exist are not prohibited. 3.10 Uses The use of the Property for any commercial, conanercial-recreational or industrial purpose shall be prohibited. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be probSbited; except to service the permitted structures or structures located on adjacent Block 8, Lots 6 and 5A. The use of the Propeity for a drainage basin or sump shall be prohibited; except ia accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 6 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Except as to Grantor's retained development rights under Article Four, Grantor hereby grants to Grantee all remaining development rights (and any further development rights that may be created through a rezoning of the Property) on the Property and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE F~ GRANT R'S RIGHTS 4.01 Ownership_ Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary 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, New York State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the .Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. Grantor shall have the right to remove trees, shrubs or other vegetation reasonably necessary to maintain existing views from the adjacent residence. 4.05 Structures A. Allowable Residential Improvements Subject to the last sentence of this Section 4.05.A., Grantor shall have the right to construct a swimming pool and tennis court as well as access drives and underground facilities used to supply utilities, septic systems, leaching fields, and drainage systems, and to control st. om-water runoff, all as reasonably necessary to serve the adjacent residence located on Block 8, Lots 6 and 6A. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonably necessary to coustmct or replace such structures and improvements. Any swismx~g pool or tennis court constructed pursuant to this Section 4.05.A. shall be placed only in those portions of the property that consist primarily of maintained lawn and shrubs. B. Fences Fences, ffthey are placed so that they do not block or detract from the scenic view fxom adjoining roads or other places open to the public, may also be constructed without the prior written consent of Grantee. C. Replacement of Structures In-Kind In the event of damage resulting from casualty to an extent which renders repair of any existing improvements impractical on the Property, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. D. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to insure that storm water runoff will not carry eroded and other deleterious materials into the Block Island Sound or other wetland areas, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the environmental, scenic, open space and agricultural values which are the subject of this Easement, it being understood that, so long as Grantor complies with Section 4.05.A., no construction activities permitted thereunder shall be deemed to adversely affect such values. This includes the construction of fences as provided in Section 4.05.B herein. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures, and architectural plans of any proposed structures which are subject to Grantee's approval. Such approval, disapproval or conanents of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. If Grantee fails to respond within 45 days, Grantor shall send, by registered or certified mail, returned receipt requested, additional notice to Grantee requesting approval. Grantee shall have 10 days from receipt of such notice to respon& If Grantee fails to respond in writing within the required 10 days, Grantor shall deem Grantee's failure to r~spond as an approval. Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. 4.07 Alienability Grantor shall have the right to convey all or any part of its remaining interest in the Propexty 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 In,ailing address of any grantee, and the individual principals thereof, under any such conveyance. The insmnnent 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 forth the date, office, ht~er and page of the recording hereo£ The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make such payments, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Cit~oank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors arising fi-omthe physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. Grantor shall not indenmify Grantee for any liability to the extent the same is attributable to the acts of Grantees' officers, employees, agents or independent contractors. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except to the extent the same are atmlmtable to the acts of the Grantee, its officers, en~loyees, 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 fights under this Easement, except to the extent any of those matters are attfibutable to the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE~ GRANTEE'S RIGHTS 6.01 Entry. and Inspection Grantee shall have the fight 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 fight to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the fight to require the Grantor to restore the Property to the condition required by this Easement and to enforce this fight by any action or proceeding that Grantee may reasonable deem necessary. However, Grantor shall not be liable for any changes to the Property resulting fi.om causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property 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 are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, to provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) 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 fi~,~nediate action to preserve and protect any of the open space 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, (0 To iustimte a suit to enjoin or cure such breach, default or v/olation 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 To seek or enforce such other legal and/or equitable relief or remedies as Grantee deen~ necessaD' 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. Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee in connection with any proceedings under this Section. 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 have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assignability Grantee shall have the right to assign any and all of its rights and responsibilities trader this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called "the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purpo?es specified in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to car~ out the purposes 11 of this Easement. The Assignee and its successors and assigns shall have the same right of assigmnent, subject to compliance with the provisions of this Section 6.06. 6.07 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist, then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in 6.06 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and respous~ilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the fights and respons~oitities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.08, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinaiter referred to as the "Proportionate Share"). This is subject to an adjustment to the extent permissible under section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made to the Property. It is agreed between the Grantee and Grantor that any such improvements made to the Property after the date of this Easement are not to be considered in any calculation under this paragraph, nor shall Grantee have (any Property rights) in any said improvements. In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes imposs~le its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal the Proportionate Share of the fair market value of the Property at such time.(not including improvements since the date hereof). In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting fi.om the taking. All expenses reasonably incurred by the parties to this E~ement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share (not including improvements since 12 the date hereof) of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.08 shall be in addition to, and not in limitation of, any fights they may have by law with reSPect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEO~_U_5 7.01 Entire Understandine This Easement contain~ the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concemhg its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code Section 170(h). The parties agree to amend the provisions of this Easement ff 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 axrendments had been set forth herein. This Easement can be terminated or modified in accordance with the conunon and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof, provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Enviromental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". The parties acknowledge that the boundaries of the Property may have to be adjusted to accommodate the Town of Southold if the Property is subdivided or merged as permitted hereby, and the parties agree to cooperate in such boundary line adjustments as permitted, provided said adjustments would not result in diminution of the Property or an increase in the number of lots to be developed by the Grantor. 13 7.03 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 det~mlnes 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 effecti{,e. 7.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, remm receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipt requested. Ma/led 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 7.04, or in the case of subsequent owners of the Property, to the address of the current owner per the tax roll. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as oftbe date of its manual deliveD' orthe date of its mailing. 7.05 Governin Law New York Law applicable to deeds and conservation easements pertaining to 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 role 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, at least one of which would render that provision valid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easeraent. Any role of strict construction designed to limit the breadth oftbe 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 be interpreted to grant, to the public any right to enter upon the Property. 14 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record ~his 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. 15 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. EDGED AND ACCEPTED: :~t~ces E. ]qi~ls~mTGr~antor' ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD s[tua Y. Horton, Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thiso2~ day of ~3'-o.,,~ in the year 2003 before me, the undersigned, personally appeared Frances E. Nielsen, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within/nstrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the Notary Public NELLINE RUBIN0 Notary Public, State of New York No, 24-4929261 Qualified in Kings County Commission Expires May 31,20 ~t~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 07/day of ~ in the year 2003 before me, the undersigned, personally appeared Joshua Horton, ~ers6nally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and 16 ackaowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instnunent. Notary Public VICTORIA CHARCZUK Notary Public, State of New York No. 4850488 Qualified in Nassau County /~/ Commission Expires January 20, 20 SCI-I~DULE A: Metes and Bounds Description of the Property 17 SCHEDULE A TO CONSERVATION EASEMENT Grantor: Grantee: Conservation Easement Dated: Frances E. Nielsen Town of Southold June ,2003 Lot 8-7 - Map of Fishers Island Development Corporation BEGINNING at a stone monument set on the southwesterly side of a road, said monument being 530.88 feet South of a point which is 749.28 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "East End 2" (which said "East End 2" monument is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South 54 minutes West of Latimer Reef Light in Fishers Island Sound); RUNNING THENCE South 19 degrees 01 minute 30 seconds West, 310.82 feet to an iron pipe; THENCE Nodh 62 degrees 11 minutes 00 seconds West, 203.23 feet to an iron pipe; THENCE Nodh 24 degrees 45 minutes 50 seconds East, 341.39 feet to a stake; THENCE North 63 degrees 56 minutes 00 seconds East, 74.21 feet to a stake set on the southwesterly side of said road; THENCE southeastwardly, along the southwesterly side of said road (and following the arc of a curve to the right whose radius is 490.60 feet and the direction of whose radius at that point is South 58 degrees 02 minutes 30 seconds West), 87.43 feet to a stake; THENCE still along the southwesterly side of said road, South 21 degrees 44 minutes 50 seconds East, 48.00 feet to a stake marking a point of curve to the left whose radius is 60.32 feet and direction of whose radius at that point is North 68 degrees 15 minutes 10 seconds East; THENCE southeastwardly still along the southwesterly side of said road (and following the arc of said curve), 25.64 feet to the stone monument at the point or place of BEGINNING. Lot 8-8 - Map of Fishers Island Development Corporation BEGINNING at a stone monument set on the Southeasterly side of a road forty feet wide, said monument being 495.53 feet South of a point which is 1295.70 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "East End 2" (which said "East End 2" monument is located on the summit of the highest hill East of East Harbor on Fishers Island, N.Y. and lies South 54 minutes West of Latimer Reef Light in Fishers Island Sound); RUNNING THENCE along the southeasterly side of said road, North 72 degrees 54 minutes 40 seconds East, 12.00 feet to a stake marking a point of curve to the left whose radius is 249.80 feet and the direction of whose radius at that point is North 17 degrees 05 minutes 20 seconds West; THENCE northeasterly along the southeasterly side of said road (and following the arc of said curve), 109.10 feet to a stake; THENCE still along the southeasterly side of said road, North 47 degrees 53 minutes 10 seconds East, 36.51 feet to a stake marking a point of curve to the right whose radius is 299.92 feet and the direction of whose radius at that point is South 42 degrees 06 minutes 50 seconds East; THENCE northeastwardly along the southeasterly side of said road (and following the arc of said curve), 148.75 feet to a stake; THENCE still along the southeasterly side of said road, North 76 degrees 18 minutes 10 seconds East, 109.34 feet to a stake marking a point of curve to the right whose radius is 75.37 feet and the direction of whose radius at that pont is South 13 degrees 41 minutes 50 seconds East; THENCE eastwardly along the southerly side of said road (and following the arc of said curve), 86.68 feet to a stake set at the intersection of the southerly side of said road with the southwesterly side of another road forty feet wide; THENCE southeasterly along the southwesterly side of said road (and following the arc of a curve to the right whose radius is 490.60 feet and the direction of whose radius at that point is South 52 degrees 12 minutes 47 seconds West), 50.02 feet to a stake; THENCE South 63 degrees 56 minutes 00 seconds West, 74.21 feet to a stake; THENCE South 24 degrees 45 minutes 50 seconds West, 341.39 feet to an iron pipe; THENCE North 48 degrees 32 minutes 45 seconds West, 354.03 feet to the stone monument at the point or place of BEGINNING. RIDER TO DEED OF CONSERVATION EASEMENT BETVVEEN FRANCES E. NIELSEN AND THE TOWN OF SOUTHOLD DATED JULY 2'1, 2003 AS SET FORTH in Chapter 59 and Chapter 6 of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD J.~HUA Y. I~ORTON ,~Tow n Supervisor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the~/5'~'.day ~--/z)~ ~ of, 2003, before me personally appeared JOSHUA Y. HORTON, person~y 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 TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. ,/)/~.4 ~ VICTORIA CHARCZUK Notary Public, State of New York . No. 4850488 Notary P~li-c~ Qualified in Nassau County C' ~y/ Commission Expires January 20, 20 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 TO: FROM: DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman Peter Burr Melissa Spiro, Land Preservation Coordinator Conservation Easement Donation Nielsen Property Part of SCTM# 1000-5-1-8 Fishers Island DATE: July 30, 2003 AUGUST 28, 2003 REVISION PLEASE NOTE THE CORRECTED ACREAGE OF THE EASEMENT Please be advised that Frances E. Nielsen donated a conservation easement to the Town of Southold on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISC: Part of SCTM# 1000-5-1-8. The conservation easement is on FIDCO lots known as Block 8 Lot 7 and Block 8 Lot 8 Frances E. Nielsen Town closed on the donation on July 21, 2003 Donation of easement. Costs associated with the transfer of title were paid by the Town. ~ ~ ~ ..... 3.62 acres Donation was accepted in accordance with the Community Preservation Fund. The costs associated with the transfer of title were funded from the Community Preservation Fund. The attached survey shows the location of the conservation easement Encl. de Vie,.,v Toolbar Help Kibbe. :Jonathan Roll Year: ~2010 Cu. Yr Land rights Land AV: 1 PYI RdOll E End Rd Land Size: :3.62 acfb~ Total,A\/: 1.800 Ownel ~otaJ: 2 ~ Sle Total 1 A~dl ~ddr: Land lights O :~ : S~ree:: 49 Oriale Ave Munl; 1.~UU Page; 302 :: ?? ' Bank' - : ~ ok,~. g SaleO~ 5~P~co O~ne 1~7 ~2, 09!23103 2.275.000 K bbe. ~0natha~ ~ / ~OB~ : ~,1~ and O0 ,00 : Double click to Open a window lilllgllllflllBfllllBIllllEIEIlllllll IIIIIIgllllfllllNI SUFFOLE COUI~Y CLERK RECORDS OFIfXCM RECORDING PAGE T~pe of ZnJtrunmnt: D~BEDH/DDD ~'~ of Pages: 5 TRAI~fIFE:R ?AX NUMBER: 03-10217 1000 Deed Amounts ReooFded~ A~.~ LZB~It: Beet~oa: BXocks 005.00 01.00 EXAJi~U~DAIm CH~RGEDA8 FOI~C~i $2,275,000.00 10/10/2003 12t45~29 PM D00012277 302 Lots 008.000 ReoeLYed ~he Follov~ng Fees For Above'T,,stFunen~ P~ge/Fil/ng $15.00 coz $5.00 F,~-~-~z $5.00 TP-584 $5,00 RPT $30.00 TFo~eF ta.~ $9,100.00 co,,-~.pres $42,500.00 TRM~FKRTAXHUMBER~ 03.10217 M0 lhnctl:Lng $5.00 H0 F~8 8RCI~ 815.00 ~ ~'~g 850.00 ~ S~ $0.00 ~ ~ T~ ~22,750.00 Fees PaLd $74,480.00 TilX~i XfJ NOT A BXLL Edward County Clerk, Suf£olk $~ ToLul Suffolk County Recording & Endorsement Pm~e Title Company THII! INDENTURE, made fha C;~2--~ day c~ S-8171 ALL that enO'rain plot, piece or pasenl of land, with the buildings and improvements thereon erocted,'situatc, lying and being at Fishers Island. Town of Southold. County of Suffolk and State of New Yo~ being bounded and described as follows: BEGINH~G at a monumen~ mi the southerly side ofn 40 ft. wide road known as East EM Road (anmetimas called Oriental Avenue), raid monument being 495.53 feet south of n point w~.ich is 1295.70 fen~ we~ of another monument meriting the United Slates Coast ~md Geodetic Survey Triangulation Station 'F.a~ End 2"; RUNNING THENCE form the point of beginning along the southerly side of the 40 foot wide mad 'known as Eut End Road (Oriental Avenue) the following six comses and distances: I) earth 72.degt~en 54' 40" cast 12 fe~ 2) along tho arc of a curve bearing i~ an easterly direction having a radius of 249.80 feet a distance of 109.10 feet; 3) ~n. h47 degrees 53' 10"east 36.51 feet; 4) along the arc of a carve bearing in en ensterly direction o f 148.75 fcet; 5) eo~'th 76 degrees 18' 10" east 109.34 feel; 6) along the arc of a curve bearing in a sonthcrty dhcction having a radius of 75.37 feet a dislance of 86.68 feet to the wustorly side of tt~ said 50 foot wide road; RUNNING '['HENCE along the westerly side of the said 50 foot wide mad the following thz'ee courses and dis~tcus: I ) along the ate of a carve bearing in a southerly dircetion having a radius of 490.60 feet a distance of 50.02 feat; 21 along the a~ of a ca.,~e beat~g in a southerly diree~ion having a radius of 490.60 feel a distance of 87.43 feet; 3) south 21 dcgreas 44' 50" cast 18 feet; R UN~TNG TI-IENCE north 68 dagree~ 15' 10" east 40 f~t; RUNNI~G TIIENCE south 70 degreus 03' 10" cast 24136 feet; RUNNING THENCE south 26 degreus 49' 00" uss1265,43 feet; R~.YNN~G THENCE south 50 degrees 25' 50" west 129.09 feet; RUNNING Th"I~CE ner~ 83 ~egrees 04' 00" was~ 362,93 feet; RUNN~G THENCE nort~ 62 degrees I 1' 00' w~st 203.23 feet~ RU~NI~IG TH 'ENCE north 48 dogr~es 32' 45" we~t 354.03 fee~ to a monumea~, on the sou~ci'ly side of ~ 40 foot wide road known as ,~as! End Ro~t (sometimes caUcd Orlenufl Avenue) the point or place of'BEGINNING.. 2 0 0 3 P H O T O S ACKNOWLEDGMENT OF BASELINE DOCUMENTATION The undersigned parties to that certain Deed of Conservation Easement, dated June ,2003, between Frances E. Nielsen as Grantor and Town of Southold as Grantee (the "Conservation Easement"), DO HEREBY acknowledge and agree that the documents attached hereto constitute the Baseline Documentation referred to in Section 0.06 of the Conservation Easement. Those documents consist of the following: 1. Conservation Easement Map prepared by CME/CPK Design Group, 2. ..,-~,. premises that are the subject of the Conservation Easement showing, among other things, maintained areas and vistas at the subject premises. The undersigned parties DO HEREBY verify that the foregoing Baseline Documentation accurately represents the condition of the subject premises as of the date hereof and as of the date of the Conservation Easement. IN WITNESS WHEREOF, the undersigned have executed this Acknowledgment of Conservation Easement as of the ~'~ru'~',,~ of June, 2003. Ir~nces E. Nielsen v TOWN OF SOUTHOLD ~io~hua Y. Horton, Supervisor State of New York } ss: County of New York } On the c,~day of June in the year 2003 before me, the undersigned, personally appeared Frances E. Nielsen personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. NELLINE RUB{NO Notary Public, State of New YOI'I( No. 24-4929261 Qualifi~ in Kings County . Commission Expires May 31, (signature and o~i/ce of individual taking acknowledgment) · Notary Public State of New York } ss: County of Suffolk } On the /~ day of June in the year 2003 before me, the undersigned, personally appeared Joshua Y. Horton personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (signature and office of individual taking acknowledgment) Notary Public VICTORIA CHARCZUK Notary Public, State of New York No. 4850488 - Qualified in Nassau County t("]//~ Commission Expires January 20, 20 ~ ~LOCK 8 LOT 9 EASEMENT GRANTEO"~'O' // © ~, ~°~;~'5 LOT 4 & THE TOWN OF SOUTHOLD ..,~ ~ AREA -- 3.62+ ACRES © m" ~ 12" RIGHTS TO TRIM ~ j TREE~.%~ ~% ~ BLOCK 8 -ag,~ ~ TREE . ~ BUSHES AR~= 2.09 ACRES~ ~ ~ ROCK ~ ~ ~ RETAINED IN THiS AREA TREE / ~ ~ STONE WA ~ ! ~ ~. LL-- BLOCK 8 ,' ~,~' ~ LOT 7 / / S 625.4.' 781 .gl RESIDENCE O 0~, 677,42 18" W 799.82 EDGE OF ,INTAINED · AREA ~ BLOCK 8 ,. RIGHTS TO TRIM ! RETAINED IN LOT 6 I TH~S ARE~ AREA= 1.56 ACRES+_ ARE/ , BLOCK 8 LOT I0 2 0 0 4 P H O T O S 8 Sou~h ~iew of w~lands from SCTM #1000-5-1 !2, 2004 view of wetlands (PhOto taken from s°~th porch) sCTM #1000~5~1~8 View C~ido~hoto taken from porc ust 12; 2004 L to R: Eric ~; Peter liaison to A E R I A L S 2001 Aerial $CTM #1000~5-1-8 Premises: Private Rd off East End Rd 3.62 acres - conservation Fishers Island easement S U R V E Y LOCATION MAP SCALE 1"=400' 1.) SU~' MAP PROPER~ TO BE CONVE~D TO F~NCES E. NIELSEN; BLOCK A KING; NORWICH, CT.; DATE: SEPTEMBER 24, 1998; S~LE: 1 =40, SHEET 1 OF HEREON. ~NY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO ~ ~ ~ ~ 0 TREE "' ~, ~ ~ ~' ~'~ MONUMENT BE~EEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE - LOT 8 ~ m ENOACEMEnT. ACTING UNgER THE DIRECTION OF A LICENSED ~NO SURV~OR. TO ALTER AN ,TE~ ,N Ah'Y W~Y. ¢ ~ m ~ 0z 5.) ONLY COPIES OF THIS SURV~ MARKED WITH THE ~ND SURV~OR'S Xx~ S 5 ~ ~/~ SECTION 005, BLOCK 1. LOT 8. ~ m m m ~ SURVEY T~IANGU~T~ON STATfON "EAST END 2" / DATE: 05/24/200~ SCALE: 1" : 40' QUALI~ CONTROL CERTIFICATION N/F NOW OR FORMERLY pROJECT MANAGER ~'[~ ~/¢~ .5. VOL VOLUME Su.v~ ~ ~/~/~ PG PAGE 40 ~O 0 40 S H E ET FZL~ J4732 m