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Home My WebLink AboutWesnofske MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-571 l Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant Janua~ 9,2009 WESNOFSKE to TOWN OF SOUTHOLD Development Rights Easement - 6.01437 acres SCTM #1000-69.-4-8.8 36540 County Road 48, Southold Betty: Enclosed for safekeeping in your office, please find the following documents: · Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated December 8, 2008, between Eugene Wesnofske, Jr. and Chrystal Wesnofske and the Town of Southold, recorded in the Suffolk County Clerk's office on 12/11/08, in Liber D00012574 at Page 702 · Copy of title insurance policy #RH08301034 issued by Land America Commonwealth on December 8, 2008 in the insured amount of $408,977.16 · Closing Statement · Closing Memo Thank you. Melanie encs. cc: Assessors w/copy of recorded easement Jack Sherwood w/copy of recorded easement and survey map Town Board w/o encs. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Number of Pages: 19 Receipt Number : 08-0117966 TRANS~R TAX NUMBER: 08-11107 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 069.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $ qo8-~7, lb 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 TRANSFER TAX NUMBER: 08-11107 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 12/11/2008 01:43:52 PM D00012574 702 Lot: 008.008 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $182.35 I~~~., F ............. dAN - 8 2009 DEPT OF LAND PR[SERVATION Number of-pages · TORRENS Serial # Certificate #. Prior Cfi. # Deed / Mortgage Instrument 4 Deed / Mortgage Tax Stamp FEES Recordiff~-7, l~llla~ Stamps Page / Filing Fee Handling ('~0 __ TP-584 ~ __ Notation EA-52 17 (County) ' EA-5217 (State) KP.T.S.A. Comm. of Ed. 50Q Affidavit Certified Copy~/V [~. 3~ Reg. Copy Other Sub Total GRAND TOTAL 5 I Real Property Tax Service Agency Verification 1000 06900 0400 008008 Stamp Date Initials iSatisfactions/Discharges/Releases List Property Owners Mailing Addres., RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County__ Held for Apportionment Transfer Tax ...(¢~,)_ Mansion Tax -The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this ,nsffument i ~__~.__O C0raraunity Preservation Fund Consideration Aroount $ CPF Tax Due Improved Vacant Land TD TD TD i s I TitleCompanyInformation Co. Name ~_~.O'//'~Oxf/~7~tL77.~ L,eaz~ ITitle ~ ~¢¢~0/03 ~ Suffolk' Cowry Recor ng & Endorsemem Page ~s ~e rom ~ of~e a~h~ [as me TO (SPECIFY TYPE OF INSTR~ ) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of 50 ~)-'~OI J In the VILLAGE or HAMLET of made by: BOXES ~ 9 MUST BE TYPED OR pRINTED IN B LA~KAN~ OhvaCts'?~~~G OR FILING. (OVER) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~/~ day of December, 2008 at Southold, New York. The parties are EUGENE WESNOFSKE, Jr. residing at 4270 Bridge Lane, Cutchogue, New York 11935 AND CHRYSTAL WESNOFSKE, residing at 36450 County Road 48, Peconic, New York 11957 (herein collectively called "Grantors"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantors are the owners in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-69-4-8.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by John C. Ehlers Land Surveyor, dated December 1, 2008 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as 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 fi 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 Grantors wish to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; 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 §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, Grantors and Grantee recognize the value and special character of the region in which the Property is located, and Grantors 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 Grantors, for themselves and their 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 FOUR HUNDRED ETGHT THOUSAND-NTNE HUNDRED SEVENTY-SEVEN AND STXTEEN 100/00 DOLLARS ($408,977.16) and other good and valuable consideration paid to the Grantors, the receipt of which is hereby acknowledged, the Grantors do 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 Grantors, their 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 Grantors, for themselves, and for and on behalf of their legal representatives, successors and assigns, hereby covenant and agree as follows: 0.01 Grantors' Warranty Grantors warrant and represent to the Grantee that Grantors are the owners of the Property described in Schedule "A", free of any mortgages or liens, except as set forth in Land America Commonwealth Title Report No. RH08301034, and that Grantors possess the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantors that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under {}64 of Town Law and {}247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the comrnon purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantors 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 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 §247. Similar recognition by the federal government includes §170(h) of the Internal 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 Grantors and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantors' 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 prepared by ]ohn C. Ehlers Land Surveyor, dated December 1, 2008, a Phase I Environmental Site Assessment dated October 2, 2008 by Cashin Associates, P.C., an aerial photograph of the Property, and maps on file with the Town Land Preservation Department. Grantors and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors' 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 :In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 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 §301(2)(a)-(i) of the New York State Agriculture and Markets Law ("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. "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. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including waikways. 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 those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 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 Grantors, Grantors' agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantors" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantors and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantors" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTORS, for FOUR HUNDRED ETGHT THOUSAND-NTNE HUNDRED SEVENTY-SEVEN AND STXTEEN 100/00 DOLLARS ($408,977.16) and such other good and valuable consideration, hereby grant, release, and convey 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 Grantors. ARTICLE THREE 4 PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 4.06 of this Easement. 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 The Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "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 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantors, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 5 3.06 Utilities The creation or placement of overhead utility transmission lines, 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. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as 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, 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. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantors hereby grant 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. 6 ARTICLE FOUR GRANTORS' RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantors shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantors shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantors 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. Grantors 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. 4.04 Landscaping Activities Grantors 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. Grantors shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantors shall have the right to engage in all types of agricultural production as the term is referenced in {}247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §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 w and/or Code. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the -['own Code now or in the future on agricultural lands protected by a development rights easement or other instrument. 4.06 Structures A. Allowable Improvements. Grantors shall have the right to erect and maintain the following structures on the Property, as they may be permitted by the Town Code now or as same may be amended and 'subject to the approval of the Land Preservation Committee, provided the structures 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) Construction of new structures, provided such structures are necessary for or accessory to agricultural production; any new construction as permitted by this 4.06 shall only be located in the "Agriculture Structure Area" shown on the Survey and described in Schedule "B" attached hereto and made a part hereof; Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "Structure" in Section 1.02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. No new construction is permitted outside of the Agricultui-al Structure Area described in this 4.06 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. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantors 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 · Grantors shall have the right to convey, mortgage or lease all of their remaining interest in the Property, but only subject to this Easement. Grantors 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 forth 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 Grantors 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. ART:[CLE F][VE GRANTORS' OBLIGATIONS 5.01 Taxes and Assessments Grantors 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 Grantors' right to grieve or contest such assessment. The failure of Grantors 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 Grantors 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 Grantors' actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantors' obligations. 5.03 Third Party Claims Grantors 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 9 easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantors leave the Property open and do not engage in agricultural production for two (2) consecutive years, then Grantors shall implement a Natural Resources Conservation Plan (the "Plan") approved by the Land Preservation Committee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantors fail to comply with the provisions of this section after reasonable notice is given to Grantors by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantors, 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 Grantors, and in a manner that will not interfere with Grantors' 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 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantors to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes to the Property resulting from causes beyond the Grantors' control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantors 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 Grantors acknowledge and agree 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 Grantors' part to be observed or performed pursuant to this Easement is not cured by Grantors within ten (10) days notice thereof by Grantee (which notice requirement is expressly waived by Grantors with l0 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 Grantors' 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 To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within :[0 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantors shall be addressed to Grantors' address as recited herein, or to such other address as Grantors 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 business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ART}[CLE STX 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 Grantors and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the .Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. 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 Grantors, their 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 Grantors shall be in proportion to the value attributable to the residual agricultural 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 Grantors and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Tnternal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantors' 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 Governinq Law New York Law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. 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 affect 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 Grantors have restricted and limited their 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 Headinqs i3 The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantors have executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: EUGENE WE~NOFSKE, JR., Grantor CHRYSTAL WE~NOFS-KE, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: ~ Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~"!¢day of ~)~-c. in the year 2008 before me, the undersigned, personally appeared ~-A~.~'~ ~,/~,~'~,~'~-,-J-~- · 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, executed the instrument. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: PATR!CIA L. FALLON N~tary Public, ,q.t~te Of [,~ew ¥orl~ No, Quai? cd In ~}.'! o",-~ County Commission Expires April 24, ~// On this ~¢(clay of b~ in the year 2008 before me, the undersigned, personally appeared LT~/Z¢.C~-z-/4/'~'~'$K~ 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, executed the instrument. Notary Public ]4 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this ~b~. day of J)~, 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 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, executed the instrument. Notary PuBlic File NO: RH08301034 SCHEDULE A - DESCRZPTZON ("Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGI[NN[NG at a point on the southeasterly side of Middle Road, C. R. 48, at the northwesterly corner of the premises herein described and also being the following two (2) courses and distances as measured along the southeasterly side of Middle Road, C. R. 48 from a monument at the northeasterly corner of land now or formerly of.lay W. Guild, formerly Case'. 1. North 59 degrees 27 minutes 30 seconds East, 94.00 feet; and 2. North 58 degrees 3:[ minutes 00 seconds East, 198.00 feet; THENCE North 58 degrees 3:[ minutes 00 seconds East, still along the southeasterly side of Middle Road, C. R. 48, 250.:~0 feet to land now or formerly of Chester L. Ciaglo, .ir.; THENCE along said land now or formerly of Chester L. Ciaglo, Ir., the following four (4) courses and distances: 1. South 31 degrees 05 minutes 13 seconds East, 249.45 feet; 2. North 58 degrees 31 minutes 00 seconds East, 35.00 feet; 3. South 27 degrees 38 minutes 50 seconds East, 50.00 feet; and 4. North 58 degrees 3:[ minutes 00 seconds East, 150.00 feet to land now or formerly of.lohn B. Sepenoski, .ir.; THENCE South 27 degrees 38 minutes 50 seconds East along said land now or formerly of.lohn B. Sepenoski, .ir., 252.72 feet to land of the Metropolitan Transportation Authority - Long ]sland Rail Road; THENCE South 58 degrees 31 minutes 30 seconds West along said land of The Metropolitan Transportation Authority - Long Island Rail Road, 734.24 feet to land now or formerly of ]ay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes 00 seconds West along said land now or formerly of .lay W. Guild, formerly Case, :~74.45 feet; THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE North 23 degrees 41 minutes 05 seconds West, 318.79 feet; THENCE North 58 degrees 31 minutes 00 seconds East, 58.00 feet; THENCE North 3:[ degrees 29 minutes 00 seconds West, 67.00 feet to the southeasterly side of IVliddle Road, C. R. 48 and the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) DESCRIPTION - SCHEDULE B ("Agricultural Structure Area within Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, Eying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of land now or formerly of.lay W. Guild, formerly Case, at the northwesterly corner of the premises herein described; said point being also distant South 28 degrees 28 minutes 00 seconds East, 379.24 feet as measured along said easterly line of land now or formerly of .lay W. Guild, formerly Case, from a monument on the southeasterly side of Middle Road, C. R. 48; RUNNING THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE South 31 degrees 28 minutes 30 seconds East, 168.56 feet to land of the Metropolitan Transportation Authority - Long Island Rail Road; THENCE South 58 degrees 31 minutes 30 seconds West along said land of the Metropolitan Transportation Authority ~ Long Island Rail Road, 219.84 feet to land now or formerly of.lay W. Guild, formerly Case; THENCE North 28 degrees 28 minutes 00 seconds West, along said last mentioned land, 174.45 feet to the point or place of BEGINNING. ALTA Owner's Policy (6-17-06) OWNER'S POLICY OF TITLE INSURANCE sueu by Commonwealth Land Title Insurance Company LandAmerica Commonwealth Commonwealth Lend Title Insurance Company is a member of the LandAmetfca family of title insurance underwRers. Any notice of claim and any other notice or statement In writing required to be given to the Company under this Policy must be given to the Company'et the address shown In Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B, AND THE CONDITIONS COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Nebraska coq3oration (the "Company")insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated In Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (i~) failure of any parson or Entity to have authorized a transfer or conveyance; (ii0 a document affecting Title not propady created executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authonzed by law; (v) a document executed under a falsified, expired or otherwise invalid power of attorney; (vi) a document not propady filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or vii) a defective Judicial or administrative proceeding. . Re lien of real estate taxes or assessments imposed on the Tiite by a governmental authority due or payable, but unpmd. Any encroachment, encumbrance, violation, variation, or adverse cimumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land· 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or govemmental regulotion (including those relating to building and zoning) restricting, regulating, prohibiting, or raiating to (a) the occupancy, use, or enjoyment of the Land; (b the character, dimensions, or location of any improvement erected on the Land; - (c) theasbdivisonof and;or (d) environmental protection if a notice describin~ any part of the I_~nd, is recorded in the Public Records setting tarth the violation or intention to enforce, but only to the extent of the 'aolatlen or enforcement referred to in that not ce. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of th~ enforcer~ent action, describing any part of the Land, Is recordedin the Public Records, but only to the extent of the enforcement referred to in that notice. The exercise of the rights of aminent domain if a notice of the exercise, describing any part of the Land, is recorded In the Public Records. il that has occurred and is binding on the rights of a purchaser for value without Knowledge. Any by a govemmental · T'rile being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part or from a court order providing an altemative remedy, of a transfer of ail or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown ~n Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar credifom' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy', state insolvency, or similar creditom' rights laws by reason of the failure of its recording in the Public Records (~ to be timely, or (i0 to impart nofice of its existence to a purchaser for value or tn a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9. that hasbeen createdo, rattached or has been filed or recorded In the Public Records subsequent to Date of Policy and prior to the recording of the deed or other ~nstrument of transfer in the Public Records that vests Tifle as shown in Schedule A. The Company witl also pay the costs, attomeys' 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, the Company has caused this Policy to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. Attest: COMMONWEALTH LAND TITLE INSURANCE COMPANY President Dbl Cover - ALTA Ownerfs Policy (06/17/06) Valid only if Schedules A and B are attached Form 1190-140 ORIGINAL DEC. 8.2008 12:35PM C'~IC RIYERHEAD SCHEDULE A NO. 307 P. 1 File No: RHOS3010~4 J~mnunt Of znsurence: $408,977.18 I)ate of Policy; December 8~ 2008 :L. PoliCy No,; RH08301034 Name of Znsured: Town of Southold The estate or Interest in the land which is covered by this pollcy: Development Rights Easement 'lltle ~0 the estate or interest in the Isnd is vested in: ~: By grant of Development Rights Easement made by Eugene Wesnorske, Jr. and Chrystal Wesnofske to the INSURED dated 12/8/2008 snd to be recorded in the omce of the Clerl( of the C]ty/Reglstsr Suffolk County. The land referred to in this policy is described on the annexed Schedule A - Description. Authorized Officer or Agent ALTA Owner's Policy (6-17-0S) DEC, 8. 2008 12:3SPirt C~'C RIVERHEAD NO. 307 P. 2 File No: RHO8301034 SCHEDULE A - DESCRIPTZON ("Development Rights Easement Area") ALL that certain plot, piece or parcel of land, situate, lying and being at $outholdf In the Town of ,~;outhold, County of Suffolk and State of New York, bounded and described as follows: I~EG[NNING at a point on the southeasterly side of Middle Road, C. P,. 48, at the northwesterly ~;omer of the premises herein described and also being the following two (2) courses and distances ~}s measured along the southeasterly side of Middle Road, C. R. 48 from a monument at the northeasterly corner of land now or formerly of 3ay W. Guild, formerly C~se; 1. North 59 degrees 27 minutes 30 seconds East, 94.00 feet; and 2. Nor'ch 58 degrees 31 minutes O0 seconds East~ 198.00 feet; *THENCE North 58 degrees 31 minutes O0 seconds East, still along the southeasterly side of Middle Road, C. R. 48, 250.:10 feet to land now or formerly of Chester L. Ciaglo, 3r.; THENCE along said land now or formerly of Chester L. Ciaglo, .lr., the following four (4) courSes and distances: 1. South 31 degrees 05 minutes 13 seconds Eas~, 249,45 feet; 2. North 58 degrees 31 minutes 00 seconds East, 35.00 feet; 3. South 27 degrees 38 minutes 50 seconds East, 50.00 feet; and 4. North 58 degrees 31 minutes 00 seconds East, 150.00 feet to land now or formeHy of 3ohn B. Sepeneski, 3r.; THENCE South 27 degrees 38 minutes 50 seconds East along said land now or formerly of 3ohn B. Sepenoskl, 3r., 252.7Z feet to land of the Hetropolitan Transportation Authority - Long Island Rail Road; THENCE South 58 degrees 31 minu~s 30 seconds West along said land of The Metropolitan Transportation Authority - Long/sland Rall Road, 734,24 feet to land now or formerly of lay W, Guildf formerly Case; THENCE North 28 degrees 28 minutes O0 seconds West along said land now or formerly of.lay W. Guild, formerly Case, 174,45 feet; THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet; THENCE North 23 degrees 41 minutes 05 seconds West, 3:18.79 feet; THENCE North 58 degrees 3:1 minutes O0 seconds East, 58.00 feet; THENCE NorLh 3:1 degrees 29 minutes O0 seconds West, 67.00 feet Lo the southeasterly side of Middle Road, C. R. 48 and the point or place of 6EG~NNTNG. ALTA Owner's Poli~'y (6-17-06) SCHEDULE B - DESCRIPTION ("A~u~urai m~u~mrm Area w~thin ~eveh~p~e~t ~.hts Easement ~.rea*~ AU. that certain plot, piece or parcel of land, situate, lying and being at Peconlc, In the Town of Southold, Cojnty of Suffolk end State of New York, bounded and described as follows: BB~INNING at a point on the easterly line of lend now or formerly of .lay W. Guild, formerly Case, at the nmthweStedy corner of~e premises herein described; said point being also distant South 28 degrees 28 minutes O0 se~oncls East, 379.24 feet as measured along said easterly line of' land now or formerly of 3ay W. Guild, formerly Case, from a monument on the southeasterly side of Hlddle Road, C. IL 48; RUNNZNG THENCE North 60 degrees 03 minutes 36 seconds East~ 2:[0.76 feet; TH.'-NcE South 31 degrees :28 minutes 30 seconds East, [68.56 feet to lend of the Metropolitan Transportation Ate:horlty - Long 7~lend Rail Road; TH ENCE South 58 degrees 3[ minutes 30 seconds West along said land of the Hstropolitan TransportaUon Atr~qorlty - Long [sland Raft Road, 219.84 i'eet to land now or formedy of 3ay W. Guild, formerly Case; THENCE North 28 degrees 28 mlnutes O0 seconds West, along said las~ menUoned land, 174,45 feet to the point or place of BEGiNNiNG. ALTA Owner's File No: RH08301034 SCHEDULE B EXCEPTZONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: Receipt and Release in Liber 6369 page 161. Tax search covers premises and more and is subject to apportionment. Survey made by .John C. Ehlers Land Surveyor dated December 1, 2008 shows premises improved by a 1 story frame building and garage; a) Two detached frame garages; b) Truck body; ¢) Three barns; d) Farm stand and truck body; e) Dirt roadway that enters onto adjoining premises West; f) Utility pole situated on premises. No other variations or encroachments shown. Company will NOT insure that access over that portion of the dirt roadway that enters onto adjoining premises. ALTA Owner's Policy (6-17-06) LandAmerica Commonwealth File No: RH08301034 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POI-TCY NO. RH08301034 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY 1. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. 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 Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. tN WITNESS WHEREOF, the Company has caused this Endorsement to be signed with the facsimile signatures of its President and Secretary and sealed as required by its By-Laws. Dated: December 8, 2008 Countersigned: Authorized Officer or Agent Commonwealth Land Title Insurance Company By: Attest: End. - Standard New York (5/1/07) Rev. 11/01/08 FOR USE WITH ALTA OWNER'S POLICY (6-17-06) CLOSING STATEMENT EUGENE WESNOFSKE, JR. and CHRYSTAL WESNOFSKE to TOWN OF SOUTHOLD Total Development Rights Easement - 6.01437 acres Total Parcel Acreage - 8.08046 acres Reserved Area - 2.0661 acre (90,000 sq ft) Agricultural Structure Area within Easement - 0.8472 acre Premises: 36450 County Road 48, Southold SCTM #1000-69-4-p/o 8.1 Closing took place on Monday, December 8, 2008 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 408,977.16 (based upon 6.01437 buildable acres $68,000/buildable acre) disbursed as follows: Payable to Estate of Eugene L. Wesnofske Check #98961 (12/8/08) $ 408,977.16 Expenses of Closing: Appraisals Payable to Carol S. Sweeney, MAI Check #76154 (4/20/04) Payable to Carol S. Sweeney, MAI Check #87355 (8~8~06) Payable to Carol S. Sweeney, MAI Check #95452 (4/8/08) Payable to Given Associates, LLC Check #96158 (6/3/08) $ 2,000.00 $ 2,8OO.OO $ 2,100.00 $ 2,800.00 Survey Reimbursement Payable to Eugene Wesnofske Check #98964 (12/8/08) *Survey prepared by John C. Ehlers Land Surveyor 3,800.00* Survey of Development Rights Easement Payable to John C. Ehlers Land Surveyor Check #99041 (12/16108) 1,000.00 Environmental Report {Phase I ESA) Payable to Cashin Associates Check #98209 (10/21 ~08) 1,200.00 Title Report Payable to Land America Commonwealth Check ~J8963 (12~8~08) Title insurance policy $ 1804.00 Recording easement& $ 375.00 certified copy 2,179.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #98962 (12~8~08) 100.00 Closing Attendees: Scott A. Russell Lisa Clare Kombrink, Esq. Janet Snead, Esq. Ernest Wesnofske Bernadette Taplin James Spiess, Esq. Eugene Wesnofske Chrystal Wesnofske Chrysa Pasqualone, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Joseph H. Gibbons, Esq. Southold Town Supervisor Attorney for Town of Southold Bank Attorney Executor Executrix Attorney for Estate of Eugene L. Wesnofske Seller Seller Attorney for Sellers Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst Interested Party for Estate TOWN OF SOUTHOLD VENDOR 001030 ESTATE OF EUGENE h WESNOFSKE 12/08/2008 CHECK 98961 FUND & ACCOUNT P.O.~ INVOICE ~ DESCRIPTION AMOUNT H3 .8660.2.600.100 TBR874 120808 P~RCHASE-6.01437 ACRES 408,977.16 TOTAL 408,977.16 CAROL S. SWEENEY, MM 127 Swan Lake Drive Patchogue, New York 1 t772 Phone and Fax (631) 654-0030 March 31, 2004 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Fee for Appraisal Services - Wesnofske, Taplin, Smith S.C.T.M #1000 - 69 - 4 - 8.1 (part of) Complete Appraisal of Development Rights on Real Property located at S/S North Road, Southold, NY ...................................................... $2,000.00 TOTAL FEE AMOUNT DUE .................................. $ 2,000.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 019840 SWEENE¥, bIAI/CAROL Y=Select - JE Date Trx. Date Fund Account .. 12/02/2003 12/02/2003 H3 .600 ~ 4/20/2004 4/20/2004 H3 .600 8/10/2004 a3 .600 7/19/2005 H3 .600 4/25/2006 H3 .600 8/08/2006 E3 .600 9/11/2007 H2 .600 2/12/2008 ~2 .600 4/08/2008 ~3 .600 ............................. Begi 9/23/2003 9/23/2003 H3 .600 ,, 8/10/2004 ,. 7/19/2008 .. 4/25/2006 .. 8/08/2006 ,. 9/11/2007 ,, 2/12/2008 ,. 4/o0/2o08 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : Ty~e of 1099. : Fixed Asset.. : Date Released : Date Cleared. : F3=Exit : Disburs Inquiry by Vendor Name Detail--GL100N W-04202004-235 Line: 432 Fozmula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : 4/20/2004 SDT 4/21/04 : 2,000.00 : APPRAISAL-WESNOFSKE/OTHR : 019840 : SWEENEY, MAI/CAROL S. : 76154 SCNB 033104 12079 Addl. F Liquid. M BOX. 07 Y 4/20/2004 6/30/2008 F12=Cancel CAROL S. SWEENEY, MM Professional Real Estate Appraiser 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 July 19, 2006 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Fee for Appraisal Services - Town of Southold Land Preservation Owner: Wesnofske, Taplin & Smith S.C.T.M. #1000 - 69 - 4 - 8.1 (part ot) 36450 Route 48, Southold Appraisal of Development Rights on 7.19+ Acres of Tax Lot 8.1; Located on the southerly side of North Road (C.R. 48), Southold, Town of Southold, Suffolk County, NY .................................................... $ 2,800.00 TOTAL FEE AMOUNT DUE ................................... $2,800.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 01984~ SWEE~¥, MAI/C_J%ROL Y=Select - JE Date Trx. Date Fund Account ............................. Beui 9/23/2003 9/23/2003 H3 .600 12/02/2003 12/02/2003 H3 4/20/2004 8/10/2004 7/19/2005 4/25/2006 X 8/08/2006 .. 9/11/2007 ., 2/12/2008 .. 4/08/2008 .600 4/20/2004 H3 .600 8/10/2004 a3 .600 7/19/2005 a3 .600 4/25/2006 H3 .600 8/08/2006 E3 .600 9/11/2007 H2 .600 2/12/2008 E2 .600 4/08/2008 E3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs .............. Detail--GL100N .............. : W-08082006-578 Line: 364 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/08/2006 SDT 8/04/06 : : Trx Amount... 2,800.00 : : Description.. APPRAISAL-WESNOFSKE PROP : : Vendor Code.. 019840 : : Vendor Name.. SWEENEY, MAI/CAROL S. : : Alt Vnd.. : : CHECK ........ 87355 SCNB : : Invoice Code. 071906 : : VOUCHER ...... : : P.O. Code .... 15929 : : Project Code. :. : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 8/08/2006 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : : : Inquir~ by Vendor Name CAROL S. SWEENEY, MAI Professional Real Estate Appraiser 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 March 25, 2008 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee Town Hall Annex 54375 State Route 25 Southold, N.Y. 11971 Fee for Appraisal Services - Revised and Updated Appraisal Tax Map # 1000 - 69 - 4 - 8.1 (Part Owners: Wesnofske, Taplin & Smith Valuation of Development Rights Easement on 6.23 Acres of Vacant Farmland Located on S/S North Road Peconic, Town of Southold, Suffolk County, NY .................................................... $ 2,100.00 TOTAL FEE AMOUNT DUE ................................... $2,100.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View i ** Actual Hi ............. ~.Detail--GL100N .............. Vendor.. 019840 SWEENEY, MAI/CAROL : W-04082008-244 Line: 416 Formula: 0 : Y=Select - JE Date Trx. Date Fund Account ............................. Begi 9/23/2003 9/23/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 4/20/2004 4/20/2004 H3 .600 8/10/2004 8/10/2004 H3 .600 7/19/2005 7/19/2005 H3 .600 4/25/2006 4/25/2006 H3 .600 8/08/2006 8/08/2006 H3 .600 9/11/2007 9/11/2007 H2 .600 2/12/2008 2/12/2008 H2 .600 4/08/2008 4/08/2008 H3 .600 : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/08/2008 SDT 4/04/08 : : Trx Amount... 2,100.00 : : Description.. APPRAISAL-WESNOFSKE : : Vendor Code.. 019840 : : Vendor Name.. SWEENEY, MAI/CAROL S. : : Alt Vnd.. : : CHECK ........ 95452 SCNB : : Invoice Code. 032508 : : VOUCHER ...... : : P.O. Code .... 18241 : : Project Code. : : Final Palnnent F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/08/2008 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Date Invoice # 5/20/2008 550 Please make check payable to: GIVEN ASSOCIATES, LLC Description Appraisal of Real Property of Wesnofsk~.et al Located 36450 C.R. 48 Peconic, NY S.C.T.M. 4/1000-69-4-8.1 File No. Terms 2008105 Due upon Receipt Amount GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.· 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account .. 1/02/2008 .. 3/25/2008 .. 3/25/2008 4/08/2008 ~i 6/03/2008 9/23/2008 lZ/18/2008 ......................... Use Acti 1/02/2008 1/02/2008 H2 600 1/02/2008 H2 600 3/25/2008 H3 600 3/25/2008 H3 600 4/08/2008 H3 600 6/03/2008 ~2 600 9/23/2008 H3 600 11/18/2008 H3 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-06032008-699 Line: 103 Fo=mula: 0 : : Account.. H2 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 6/03/2008 SDT 6/02/08 : : Trx Amount... 2,800.00 : : Description.. APPRAISAL-WESNOFSKI : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 96158 SCNB : : Invoice Code. 550 : · VOUCHER · : P.O. Code .... 18250 : : Project Code. : : Final Payment F Liquid. : : Ty~e of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 6/03/2008 : : Date Cleared. 6/29/2008 : : F3=Exit F12=Cancel : TOWN OF SOUTHOLD VENDOR 023250 EUGENE WESNOFSKE 12/08/2008 CHECK 989~64 FUND & ACCOUNT P.O.# H3 .8660.2.600.100 INVOICE DESCRIPTION ~ AMOU1TI' 120808 SURVEY COST REIMBURSEMNT 3,800.00 TOTD~L 3,800.00 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 12/12/2008 2006965 Bill To Town of Southold Dept. of Land Preservation Town Hall Annex Southold, NY 11971 Your Client Wesnofsky Date of Service Description Survey update of property previously surveyed for Wesnofsky Map preparation of survey for land preservation SCTM# My Job # 1000-69-4-8.1 05245 500.00 500.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y=Select JE Date Trx. Date Fund Account ......................... Use 12/19/2006 12/19/2006 H3 600 3/13/2007 3/13/2007 5/08/2007 7/03/2007 9/11/2007 4/08/2008 5/08/2007 7/03/2007 9/11/2007 4/08/2008 6/03/2008 6/03/2008 11/18/2008 11/18/2008 12/16/2008 12/16/2008 Acti H3 600 H2 600 H2 600 H2 600 H3 600 H3 600 H3 600 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-12162008-453 Line: 114 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/16/2008 SDT 12/16/08 : : Trx Amount... 1,000.00 : : Description.. SURVEY-WESNOFSKE : : Vendor Code.. 005322 : : Vendor Name.. EHLERS/JOHN C. : : Alt Vnd.. : : CHECK ........ 99041 SCNB : : Invoice Code. 2006965 : : VOUCHER ...... · : P.O. Code .... TBR874 : : Project Code. : : Final Payment P Liquid. : : Ty~e of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 12/16/2008 : : Date Cleared. : : F3=Exit F12=Cancel : : : Oash n A_ ates, P.O. ENGINEERING · PLANNiN~;~--~RUCTiON MANA(~F:MF:NT Melanie Domski Town of Southold PO Box 1179 Southold NY 11971 October 2, 2008 Project No: 8003.037 Invoice No: 0019066 Phase I Environmental Site Assessment for property located at 36450 Route 48, Southold, NY SCTM No. 1000-69.-4-8.1 Professional Services: Auflust 30, 2008 through October 2, 200~ Fee ,200.00 Total this invoice $1,200.00 GL108S 20 TOWN oF SOUTHOLD View i ** Actual Hi Vendor.. 003079 CASHIN ASSOCIATES, Y=Select - JE Date Trx. Date Fund Account .................... J ........ Begi ~ 10/21/2008 10/21/2008 H3 .600 .. 10/21/2008 10/21/2008 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-10212008-978 Line: 73 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/21/2008 SDT 10/20/08 : : Trx Amount... 1,200.00 : : Description.. PHASE I ESA-WESNOFSKE : : Vendor Code.. 003079 : : Vendor Name~.. CASHINASSOCIATES, P.C. : : Alt Vnd.. : : CHECK ........ 98209 SCNB : : Invoice Code. 0019066 : : VOUCHER ...... : : P.O. Code .... 18896 : : Project Code. : : Final Payment F Liquid. : : T~pe of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 10/21/2008 : : Date Cleared. 10/31/2008 : : F3=Exit F12=Cancel : : : CO~fOI~,ALTH IAND TITI, B II~URA~CB COMPANY 185 Old Countr~l Ro~. q~ P. O. Box 419, Rtuerhead, New York 11901 631-727.7760 .fu.~ 631-727-7818 F~ ~ V~ ~ER (Ooflo~ P~M MOR~AGE ~ ~GE p~ ~E~: En~nmen~ Waiver of ~u, ~denflM Ad]us~Me h~ ~d~ ~ YO~ ~A~ ~~SION T~ MORTGAGE T~ ~o~) ~ P~ERVA~ON ~ S~Y ~SP~ON DEP~ ~RT ~OW D~ ~OW D~ FEE ( ) ~oN(~ ( ) MOR~AG~ ( ) ~N~L~A~ON, ~N8ION & MOD~CA~ON AG~E~(~ ( ) MOR~AGE ~'~A~(S), CLOSER CHARGES, IF ANY: PICb~. _._~.~- ./%,. PATRICIA L FALLON TITLE CLOSER TOWN OF ~/~UT~IOLD VENDOR 003350 LANDAMERICA*COMMONWEALTH F[rND & AQCOUNT H3 .8660.2.600{100 H3 ~660.2.600~100 Pi~O.~ INVOICE 120808 18895 120808 12/08/2008 CHECK 98963 , DESCRIPTI,ON AMOUNT TITLE POLICY-WESNOFSKE 1,804.00 REC EASEMENT-WESNOFSKE 375.00 TOT~J~ 2,179.00 TOWN OF SOUTHOLD VENDOR 6013 PATRICIA FALLON 12/08/2008 ~ CHECK 98962 I FUND & ACCOUNT : 6o.2.6oo.io P. O. # INVOICE \ TBR874 120808 ~ESCRIPTION AMOUNT 100.00 TOTAL ~,~. 100.00 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (631) 765-571 I 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 Melissa Spiro, Land Preservation Coordinator December 8, 2008 WESNOFSKE to TOWN OF SOUTHOLD plo SCTM #1000-69.-4-8.1 Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy 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: SCTM #: PROPERTY OWNERS: PURCHASE DATE: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: RESERVED AREA: ZONING: FUNDING: MISCELLANEOUS: 36450 County Road 48, Southold part of 1000-69.-4-8.1 Eugene Wesnofske, Jr. and Chrystal Wesnofske Monday, December 8, 2008 $408,977.16 (based on 6.01437 acres @ $68,000/buildable acre) 8.08046 acres 6.01437 acres 2.0661 acres A-C CPF 2% Land Bank This property is listed on the Community Preservation Project Plan list. The land is actively farmed.