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HomeMy WebLinkAboutPeconic Land Trust, Inc (Harper)1000-59-1-20.1 Baseline Documentation Premises: 1920 Lake Drive Southold, New York 0.67 acre Development Rights Easement PECONIC LAND TRUST, INCORPORATED (Harper) to TOWN OF SOUTHOLD Easement dated April 14, 2005 Recorded April 27, 2005 Suffolk County Clerk - Liber D00012384, Page 377 SCTM #: Premises: Hamlet: Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Zoned: Existing Improvements: 1000-59-1-20.1 1920 Lake Drive Southold $56,000.00 Community Preservation Funds (2% land bank) Yes 0.67 acre 0.67 acre R-40 In April 2005 - none DESCRIPTION LAND The property has a southwesterly border with 225+' of frontage along the northwesterly side of Lake Drive, a southwesterly border with132+' of frontage along the northeasterly side of West Drive, an irregular northwesterly border running etotal distance of 208+', and a northeasterly border of 164_+'. It contains a total area of 26,136_+ SF, or 0.60_+ acres.. The above dimensions are taken from the Suffolk County Tax Map and the last deed of record for the subject. We have included a copy of the Tax Map in the addenda to this report. Utilities (water, electric, and telephone) are available to the site. Public water is available along Lake Drive. Lake Drive and West Drive are asphalt paved, public roadways. The subject property is located in an area containing significant areas of freshwater emergent wetlands. The subject appears to contain sufficient upland area to support development, although obtaining building permits would likely require variances and could be a lengthy and complicated process. The subject has potential obstructed views (most likely from a second story) of Great Pond to the south, and the Long Island Sound to the north. .GIVEN ! I I I I I I I ! II ! ! DESCRIPTION (CONTINUED) LAND (CONTINUED) Land su rrou nding the subject is primarily vacant land or improved residential properties. IMPROVEMENTS The subject is vacant land in an essentially natural state PRESENT USE AND OCCUPANCY The subject is vacant land. ~GIVEN 20 P R 0 P E R T Y V I S U A L S I I I I I I I 1 I ! 1 I SUBJECT PHOTOGRAPHS Subject Vicinity ~GIVEN sv I I I I I I I i I I I I SUBJECT PHOTOGRAPHS Lake Drive Facing Northeasterly Lake Drive Facing Southwesterly I ~.GIVEN gs GREAT POND Tax Map Location 69 SOUND A A--C -M I , / R Zoning Map I 70 I I i I I I I I i ! I I Phase I Environmental Site Assessment Harper Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase 1 Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 0.60 acre parcel of undeveloped land. The street address for the property is 1920 Lake Drive. The property is located on the northeast corner of Lake Drive and West Drive. The property is more particularly described as Suffolk County Tax Map # 1000-059-01-20.1. The subject property consists of wetlands, surface water, vegetated area and sand. The wetland area is located in the northwestern portion of the property. The remaining area of the property consists of beach sand. No structures, foundations, staining or stressed vegetation were observed on the subject property. Historic aerial photographs from 1969, 1976, 1980, 1994 and 1999 were reviewed in order to determine past uses of the property. This review revealed the property has always been utilized as vacant land. An extensive government 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, four (4) spill files are located within one-half (0.5) mile. 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. NELSON, POPE & VOORH IS, LLC ENVIRONMENTAL * PLANNING * CONSULTING FIGURE 1 LOCATION MAP Harper Property, Southold Phase I ESA I I I I I I I I I I I I Source: DeLorme S~reet Atlas Scale: Not to Scale NORTH Page 7 o[ 25 I I I I I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Harper Property, Southold Phase I ESA 1 I Source: NYSGIS Orthoimage~ Program, 2001 Scale: 1" = 50' NORTI-I + I FIGURE 3 WATER TABLE MAP Harper Property, Southold Phase 1 ESA I I I I I I I I I I I I ..' 53323 .."~ ,~ / ,~ 6783 '"~, .,'~'.('~ /'/' 53539~'~.3b' ~:," ..... ".~ .~::~: :'.'-ff., _..,,,. ', ~ 511//3 ·' 6101~ : ~' ~' '~"~] / x'"' "~ ' '"' ~ - /'~' /~?' ~ Site ~tion ,~' '~'~.~l .....· ' ~L~'~ ,;, ?'":. ~. ~, / / ~ ~ "~ ' '~~' ,/ ~"~ 7'. ," Some: SCDHS Water Table Ground Contour Map, 1999 NORTH Page 16 of 25 m m mm mm m m m mm mm m Toxics Targeting 1 Mile Radius Map Harper Property Southold, NY 11971 w+. Suffolk Cc~nty NPL, CERCLIS, NYSDEC Inactive Hazardous Waste Disposal Regis~y or Registry Qualifying Site Hazardous Waste Treater, RCRA Corrective [] Storer, Disposer J----J Action Facility (~ Waste Disposat Site [~ Facility Major Oil 0 Storage Facility Q ~irt(ewnfields I Mile Radius 1/4 Mile Radius ~ Walerbody County Border Tracks 1/2 Mile Radius 1/8 Mile Radius Distance in Mies Toxics Targeting 1/'2 Mile Radius Map Haq3er Property Southold, NY 11971 Suffolk County ,J~ Material Spill Site Location ~ Waterbody Minor Roads Major -- -- County Roads Border Tracks Radius Radius / / Toxics Targeting 1/4 Mile Radius Map Harper Properly Southold, NY 11971 w+, ChemicaJ Storage Site Major Expressways Radius mae Suffolk County Release ~ Docket Facili[y · Storage Facility 1~4 ~ 1~8 1~4 Distance in Mies .mi. ~ Haq~er Property Distance in Miles Toxics Targeting 1/4 Mile Closeup Map Harper Property Southold, NY 11971 Suffolk County Hazardous Substance Waste Disposal Site * Storage Facility * Chemical Storage Discharge *** NPL, CERCLIS, NYSi}EC Inactive Hazardous Waste Disposal Registry or Regisby Qualitying Site HazardousWasteTreater, ~ RORACorrective Storer, Disposer * I I Action Facility * .... Minor Major [~ Sc4id Waste Facility * Brownfields Hazardous Petroleum Bulk · Storage Facility Hazan~ous Waste [] Generator, Transp. ~ Air County Border * 1 Mile Search Radius ** 112 Mile Search Radius 1/4 Mile Search Radius 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 (6311 765-6145 Telephone (6311 765-1800 southoldtown.northfor k.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 171 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 29, 2005: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 12~ 2005~ at 8:15 p.m. South old Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement for open space purposes on the property currently owned bv Peter F. Harper with the Peconic Land Trust as contract vendee. Said property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and is located on the northeast comer of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The property is being purchased by the Peconic Land Trust market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. The purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on April 12, 2005. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement pumhase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE 1S HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 12, 2005~ at 8:15 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement for open space purposes on the property currently owned by Peter F. Harper with the Peconic Land Trust as contract vendee. Said property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and is located on the northeast comer of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The property is being purchased by the Peconic Land Trust market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. The purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public hearing to amend the List of Eligible parcels is held on April 12, 2005. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that I (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 29, 2005 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 7, 2005, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Traveler Watchman Planning Building Land Preservation Town Clerk's Bulletin Board Town Board Members Town Attorney Zoning Board of Appeals Data Processing SOUTHOLD TOWN BOARD PUBLIC HEARING April 12, 2005 8:15 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT FOR OPEN SPACE PURPOSES ON THE PROPERTY OF HARPER, WITH PECONIC LAND TRUST AS CONTRACT VENDEE~ SCTM 31000-59-1-20.1. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN THAT pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 12~ 2005~ at 8:15 p.m.~ Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement for open space purposes on the property currently owned by Peter F. Harper ,vith the Peconic Land Trust as contract vendee. Said property is identified as SCTM # 1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and is located on the northeast comer of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The property is being purchased by the Peconic Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. The pumhase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. April 12, 2005 2 Public Heating-Harper Purchase The property is not listed on the Town's 2003 Community Preservation Project Plan List of Eligible parcels; however, it is proposed to be added to the plan after a public heating to amend the List of Eligible parcels is held on April 12, 2005. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87- 5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement pumhase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICK_HAM: I have notice that it has appeared as a legal in the newspaper, it has also appeared outside on the Town Clerk's bulletin board, I have the Short Environmental Assessment form and I believe that is complete. SUPERVISOR HORTON: Thank you very much, Councilman Wickham. Would you care to address the Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Yes, please. Thank you. I guess first I will point out the property and the same as we had before, the Harper property is the comer piece right here on Lake and West Drive. I am assuming that the next resolution will be to adopt the list of Community Preservation, so I am going to make the assumption that it is one of the properties that was just added to our Community Preservation Plain list of eligible properties. I need to point out on this purchase that it really involves significant amounts of private donations from, I think there was over 70 donors and I just want to explain the process a little bit. The donors made their donations to the Peconic Land Trust and the Peconic Land Trust, using the donated funds, will be purchasing the property l~om the current landowner. Then, probably at a simultaneous closing hopefully, the Town will purchase, using funds from the Community Preservation Fund, the development rights easement at a bargain sale, that is below market value from the Peconic Land Trust. These closings will result in the Peconic Land Trust owning the fee title to the property and the town holding an easement, which will protect the property fi'om any future development, forever. The purpose of the easement is to protect the environmental, natural and scenic values of the property. The public notice noted that the property is .72 acres, I believe he said ¼ of an acre. We got the survey today, it is slightly smaller, it is .67 of an acre and the easement will cover the entire parcel. Before closing, I would like to thank Mr. Harper for offering the property for preservation purposes and to all the individual donors who contributed to this significant purchase. In addition, I would like to thank Lillian Ball, who spoke at the prior heating, who was really behind the organization of the private donors and of course, the Peconic Land Trust. A preservation strategy mentioned in the Community Preservation is the leveraging of public funds through public/private partnerships. This purchase is the result of such partnering and I recommend that the Town Board proceed with the purchase. Thank you. SUPERVISOR HORTON: Thank you very much. Would anybody else care to address the Board on this specific heating? (No response) Before closing the heating, I do want to reiterate the gratitude that Land Preservation Coordinator Spiro appropriately conveyed and that is the thanks to the April 12, 2005 3 Public Hearing-Harper Purchase individual, the private investors I should say or participants in making this happen. It is very similar to a public, private partnership that we brought to fnfition, again through the hard work of not only our departments but private residents, off of Diamond Lane, you'll recall that. Another similar situation that brought to fruition the preservation of a specific parcel. So, again, thank you to the community that was involved with this. COUNCILMAN ROSS: And not to overshadow the significance of the purpose, I think we should note the moment, I think this is going to be the first sanitary flow credit that gets deposited into the sanitary flow bank. Hopefully used for affordable housing. So, thank you very much folks. SUPERVISOR HORTON: Indeed. Incentive District hearing. And we will close the hearing. That brings us to our Rural 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.nor thlbrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 213 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement for open space purposes on the property currently owned by Peter F. Harper with the Peconic Land Trust as contract vendee, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold. Said property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and the property is located on the northeast comer of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The Town's purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The property is being purchased by the Peconic Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised ora wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations~ 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further 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 SEq}RA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACT/ONS Only PART I-PRO.1ECT I'NFORMAT/ON (To be completed by Applicant OR Project) Page 1 of 2 1. APPLiCANT/SPONSOR: Southold Town Board 3. PRO3ECT LOCA/~ON: Municipality: ~OL~ ~'~ 0~.~"~ County: 4. PRECISE LOCATLON: (Street address and road intersections, prominent landmarks, etc, or provide map) 5. IS PROPOSED ACT/ON: ~l~ New ~ Expansion ~ Modification 6. DESCRIBE PRO3ECT BI~EFLY: 7. AMOUNT OF ~N~ALLY ~ ~ acres UL~ATELY ~ ~ ~ acres 8. WILL PROPOSED ACTLON COMPLY WITH EXIST/NG ZONING OR OTHER EXIS'r/NG LAND USE RESTP~CTLONS? Yes No if No, describe briefly . ~.~. W~AT IS PRESENT LAND ~S-E-/N VICINTTY OF PROIECT? Residential Commercial industrial Agriculture Park/Forest/Op?.__n space I Describe: Other 10. DOES AC1/ON ~NVOLVE A PERMI-r APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? Yes/I~ No if yes, I~t ageno/($) and perrni~/approva/$ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes I~'L~ No if yes, Ii~ agency(s) and permi~/approval$ 12, AS RESULT OF PROPOSED ACTION WILL EXISTING PERM/T/APPROVAL REQUIRE MOD~FICAT/ON? Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Name:_ "~'~'~,\ , ~% /~ S? ~,~ Lqt~¢/ Date:~ S,gnature_ ~ ~ ~ Zf the ~ ann you are a state agent, complete the Coastal ~sessment Form before proceedin9 with this assessment PART IL-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE ! THRESHOLD [N 6 NYCRR, PART 617.47 Yes~ No ~£yes coordinate the review process and use the ~JII EAF B. WILL Ac'r~ON RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNI I'STED ACTZONS IN 6 NYCRR, PART 617,67 Ye?~ No ffno, a negat/ve declarat/on may be suspended by another/nvo/ved agency C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSZOCIATED W171'H THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disp~x.~a~ potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? ExP~ObrJeflY: C3. ~e~_etation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existJng plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? ExP~nObdeflY: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Laon~ !.erin, shott term, cumulative, or other effects not idenUfiod in C:L-CS? Explain briefly; C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WI'LL THE PRO3ECT HAVE AH IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yesr~ No E. IS THERE OR IS THERE LIKELY TO BE~ CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS~ PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or other,vise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rdral); probability of occurring; (c) duration; (dO irreversibility; (e) geographic scope; and (0 magnitude. If necessary, add attachments or reference suflporting 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 and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. 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 ENVIRONHETNAL ASSESSNENT FORN and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting do~mentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary~ the reasons su porting this determination; print Officer 'n Lead Agen _ 'O O ,3.itle go ~*~ ~,, ~.o 1~o, Re.s~nsible Officer 19~ture 'of Responsible O~cer in L~ad Agent,/ S(~a[ure of prepa~(i(di~ent from of responsibl~ P U R C H A S E R E S 0 L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER REC()RDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (6311 765-1800 southoldtown.northfbrk.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 222 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 12, 2005: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase ora development fights easement on the property owned by Peter F. Harper with the Peconic Land Trust as contract vendee on the 12th day of Apfil, 2005, pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-59-1-20.1 and 1920 Lake Drive, Southold, New York, and is located on the northeast comer of Lake Drive and West Drive in Southold; and WHEREAS, the development fights easement will cover the entire, approximately 0.72 acre (subject to survey) property; and WHEREAS, the property is listed on the Town's March 2005 update to the Community Preservation Project Plan List of Eligible Parcels which was adopted by the Town Board after a public hearing on April 12, 2005; and WHEREAS, the subject property and the other properties located north of Lake Drive and in the vicinity of Lake Drive, are comprised of a wetland and dune system dominated by ecological communities classified as maritime dunes and maritime freshwater interdunal swales. Both of these community types are listed as rare in New York by the New York Natural Heritage Program (NYNHP) and the maritime freshwater interdunal swale community is currently listed as globally rare. The preservation and protection of this property falls under multiple purposes of the Community Preservation Project Plan, including, but not limited to, preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas; and WHEREAS, the purpose of this purchase is for preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas. Uses of the property will be limited to those which are in conformance with these purposes; and WHEREAS, the pumhase of the development rights easement on this property is in conformance with the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code; and WHEREAS, the Town's purchase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The property is being purchased by the Peconic Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, the development rights easement on the entire property; and WHEREAS, as per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights easement on this property; be it therefore RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby elects to purchase a development rights easement for open space purposes on the property currently owned by Peter F. Harper with the Peconic Land Trust as contract vendee. Said property is identified as SCTM #1000-59-1-20.1. The address is 1920 Lake Drive, Southold, New York, and the property is located on the northeast comer of Lake Drive and West Drive in Southold. The proposed acquisition is for an easement on the entire, approximately 0.72 acre (subject to survey) property. The Town's pumhase price for the easement is $56,000 (fifty six thousand dollars) plus acquisition costs associated with the transfer of title. The property is being purchased by the Peconic Land Trust at market value. The Peconic Land Trust's purchase is funded by private donors. The Peconic Land Trust will then sell to the Town of Southold, as a Bargain Sale, a development rights easement on the entire property. As per Chapter 87 (Transfer of Development Rights) of the Code of the Town of Southold, Section 87-5, the Land Preservation Coordinator has calculated that 1 (one) Sanitary Flow Credit may be available for transfer from the parcel of property upon the Town's purchase of the easement. The transfer of the Sanitary Flow Credit into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the easement purchase, and the Town Board passes a resolution allowing the transfer into the Town TDR Bank. Elizabeth A. Neville Southold Town Clerk C T A T E E N PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-59-1-20.1 0.67 acre 1920 Lake Drive, Southold Closing held April 14, 2005 Stewart Title Insurance Company Riverhead, New York (from left to right) Melanie Doroski, Land Preservation Administrative Asst; Melissa Spiro, Southold Town Land Preservation Coordinator; Tim Caufield, Peconic Land Trust Vice-President; Marian Sumner, Peconic Land Trust Director of Conservation Programs; Peter F, Harper, property owner; and Patricia A, Finnegan, Southold Town Attorney CLOSING STATEMENT PECONIC LAND TRUST (Peter F. Harper) to TOWN OF SOUTHOLD S CTM #1000-59 -1-20.1 Development Rights Easements -- 0.67 acre Premises: 1920 Lake Drive, Southold Bargain Sale - $56,000.00 Closing took place on Thursday, April 14, 2005 at 12:00 noon, Conference Room of Stewart Title Insurance Company branch office, 755 East Main Street, Riverhead, New York Purchase Price of $ 56,000.00 disbursed as follows: Payable to Peconic Land Trust Check #79960 (4/14/05) Expenses of Closing: Appraisal Payable to Given Associates Check #81138 (4/26/05) Survey Payable to Peconic Surveyors, P.C. Check #81208 (4/26/05) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #81366 (5/10/05) Title Report Payable to Stewart Title Insurance Co. Check #79961 (4/14/05) Fee insurance Recording deed Recording easement $ 535.00 $ 200.00 $ 250.00 $ 56,000.00 $ 1,800.00' $ 1,450.00' $ 1,250.00* $ 985.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79959 (4/14/05) $ 100.00 *not paid at time of closing Those present at Closing: Susan Tuffs, Esq. Timothy Caufield Marian Sumner Peter F. Harper Rose Prestia-Cascado, Esq. Patricia Finnegan, Esq. Melissa Spiro Melanie Doroski Karen Hagen, Esq. Attorney for Peconic Land Trust Vice President, Peconic Land Trust Director of Conservation Programs, PLT Seller (to Peconic Land Trust) Seller's attorney Southold Town Attorney Land Preservation Coordinator Administrative Asst, Land Preservation Title Company Closer FIFTY TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 SIX THOUSAND AND 00/100 DOLLARS PREPAID DATE CHECK NO 04/14/2005 79960 50-546 214 AMOUNT $56,000.00 PAY TO THE ORDEF OF PECONIC LAND TRUST, INC. 296 HAMPTON ROAD PO BOX 1776 SOUTHAMPTON NY 11969 "'O ? qqgo"' I:O ~ ~hOS~gh~: VENDOR 016140 PECONIC LAND TRUST, INC. O0¢Oh 0,' 04/14/2005 CHECK 79960 PNND & ACCONNT P.O.~ H3 .8660.2.600.100 INVOICE 041405 DESCRIPTION AMOUNT DEV RTS/HARPER .67 56,000.00 TOTAL 56,000.00 TOWN OFSOUTHOLD. SOUTHOLD NY 11971 0959 .GIVEN ASSOCIATEs PATRICK A. GIVEN, SRPA box 5305 · 548 route 111 · hauppauge, n.y. 11788~0306 (631 ) 360-3474 FAX 360-3622 April 12, 2005 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Peter F. Harper, S.C.T.M. #1000-59-1-20.1 Located Northwesterly of Lake Drive, Southold, NY File# 2005070 APR 1 3 2005 DEFT OF LAND PRESERVATION $1,800.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN ASSOCIATES LL Y dE Date Trx. Date Fund Account ............................. Begi 4/12/2005 4/12/2005 H3 °600 .. 4/12/2005 4/12/2005 H3 .600 ,, 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 iYi 4/26/2005 4/26/2005 H3 .600 .. 5/10/2005 5/10/2005 H3 .600 .. 5/10/2005 5/10/2005 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04262005-670 Line: 194 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/26/2005 SDT 4/26/05 : : Trx Amount... 1,800.00 : : Description.. APPRAISAL-HARPER : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 81138 SCNB : : Invoice Code. 2005070 : : VOUCHER ...... : : P.O. Code .... 13906 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. 4/30/2005 : : F3=Exit F12=Cancel : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 05090 Project: Harper Property Manager: McGinn, Steven VA01771 Town of Southold Del~t of Land Preserv Town Hail 53095 State Rt 25, PO Box 1179 Southold NY 1197l Attention: Melissa A Spiro Invoice #: 3180 Invoice Date: April 19, 2005 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,250. O0 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 3/31 thru 4/6/05 Contract Amount: $1,250.00 Percent Complete: 100.00% Fee Earned: $1,250.00 Prior Fee Billings: $0.00 Current Fee Total: $1,250.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti .Y. 5/10/2005 5/10/2005 H3 .600 ect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-05102005-771 Line: 209 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ 5/10/2005 SDT 5/10/05 1,250.00 HARPER/PHASE i REPORT 014161 NELSON, POPE & VOORHIS, SCNB 81366 Addl. : Invoice Code. 3180 : VOUCHER ...... : P.O. Code .... 13904 : Project Code. : Final Payment F Liquid. : Type of 1099. M BOX. : Fixed Asset.. Y : Date Released 5/10/2005 : : Date Cleared. : : F3=Exit F12=Cancel : PECONIC SURVEYORS, PoCo P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 APRIL 19TH, 2OO5 MS. M. DOROSKI TOWN OF SOUTHOLD P.O. BOX 1179 SOUTHOLD NY 11971 FOR P~E~f~i~~ES RENDERED, AMENDED INVOICE _RE: HARPER TO TOWN OF SOUTHOLD SURVEY $950.00 MONUMENTS (3) 300.00 .TOTAL: $1~250.00 JOB/~05-144 SUFFOLKCOUNTY TAX MAPNO: t000-59-01-20.1 BALANCE DUE UPON COMPLETION OFSuRVEV APR 1 9 2005 OEPl. OF LAND PRESERVATION GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, O_JE Date Trx. Date Fund Account ........................ Use Acti ,Y, 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 6/03/2003 6/03/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 3/23/2004 3/23/2004 H3 .600 5/04/2004 5/04/2004 H3 .600 5/04/2004 5/04/2004 H2 .600 11/30/2004 11/30/2004 H3 .600 4/26/2005 4/26/2005 H3 .600 4/26/2005 4/26/2005 H3 .600 CANNOT FORWARD. END OF FILE Disbur$ Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04262005-670 Line: 344 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/26/2005 SDT 4/26/05 : : Trx Amount... 950.00 : : Description.. SURVEY-HARPER-.67 ACRES : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 81208 SCNB : : Invoice Code. 05-144 : : VOUCHER ...... : : P.O. Code .... 13903 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. : : F3=Exit F12=Cancel : GL108S 20 TOWN OF SOUTHOLD ** Actual ~dor.. 016144 PECONIC SURVEYORS, Y JE Date Trx. Date Fund Account ......................... Use Acti 7/31/2001 7/31/2001 8/28/2001 8/28/2001 6/03/2003 6/03/2003 12/02/2003 12/02/2003 3/23/2004 3/23/2004 5/04/2004 5/04/2004 11/30/2004 4/26/2005 4/26/2005 5/04/2004 5/04/2004 11/30/2004 4/26/2005 4/26/2005 H3 600 A 600 H3 600 H3 600 H3 600 H3 600 H2 .600 H3 .600 H3 .600 H3 .600 Select Record(s) or Use Action Code ~!sbur$ Inquiry by Vendor Name ............ Detail--GL100N .............. : W-04262005-670 Line: 345 Formula: 0 : : Account.. H3 .600 : : Acct De$c ACCOUNTS PAYABLE : : Trx Date ..... 4/26/2005 SDT 4/26/05 : : Trx Amount... 300.00 : : Description.. 3 CONCRETE MONUMENTS : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 81208 SCNB : : Invoice Code. 05-144 : : VOUCHER ...... : : P.O. Code .... 13903 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. Y : : Date Released 4/26/2005 : : Date Cleared. : : F3=Exit F12=Cancel : RightFax 4/13/2005 9:40 PAGE 002/002 Fax Server title insurance company 125 Baylis Road, Suite 201 MeMIle, NY 11 ;47 w~v.st ewafltiflernelville, corn 755 East Main Street R &,erhead, NY 11~01 co~1-727-4~70 fax: 6~t~01-9623 NYSE: STC INVOICE TITLE NQ,: 25-S-0608 APPLICANT: Town of S~uthuld - La~d Preservation PREMISES: 1920 Lake Drive, Southalit, New York 11971 District: 1000 Section: 059.00 PURCHASER/BORROWER: Peconic Land Trust (fee title) and Suathald Town Land Preservation (developmental DATE April 12, 2005 ~ /~_~. CLOSING DATE: ,~ (ff Block: 01.00 Lot: 020.001 Reference: Fee lusur~ce $56,000.00 $535.00 Mortg~e Insurance Misc. I)~partraental Searche~ (Total) Bankruptcies. 3-Day Recission UCC-I Sea.rah County/State New Survey By: Survey Lo~t~./lnsp~ct/Service Cha~e Endorsementa (see schedule) Endo~ement To~l: Survey Endomement * M~rket Value Rider ** RECORDING FEE(s): Deed(s): Mortgage(s): SatisFaction(s): A~o~eemeut(s): Easemoat Other: $200.00 L_ '~ $250.(10 Other: NYS Trmtsfcr Tax NYC PAnT Peconic Buy'Fax Check (Mortgagee) ESCROW - To Hold - To P~), Escrow Servic TOTAL: Subject to change/verification at closing KECEIPTS DIREC l Ct IECKS: AMO[ fN 1': ENDORSEMENTS - $25.00 B) Waiver (431) - $25.00 c) v~ (42o)- $25.00 D) Residential (436) - $25.00 E) Revotvin~ Credit (406) - * F) s,,rvey (402) - * G) Alta 9 (401) - * H) Market Value Rider (408) - ** * 10% of Strai~t Mortgage Premium * * l (P/. of Straisht Owner's Prenfium DEPARTMENTAL FEES (per lot) ~C/O- E/R- SELLEPqs):. BUYER(s): AMOUN 1': The recording/filing fees referenced on this invoice include Stewart Titles fees for processing the subject recordings/filings NINE HUNDRED EIGHTY FIVE AND TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971-0959 DATE 04/14/2005 00/100 DOLLARS PREPAID 4/14/05 .0.079961 THE SU~OLK COUNTY NATIONAL BANK CHECKNO AMOUNT 79961 $985.00 PAYTO STEWART TITLE INSURANCE CO. THE 125 BAYLIS ROAD, SUITE 201 ORDER OF MELVILLE NY 11747 "'o?qq&l,,' '-'08~,t, OSl, Bl~¢ P,q, OOOOOl, O"' VENDOR 019624 STEWART TITLE INSUP~CE CO. 04/14/2005 CHECK 79961 FUND & ACCOUNT P.O. ~ H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 13905 INVOICE DESCRIPTION AMOUNT 25-S-0608 25-S-0608 25-S-0608 DEED REC FEE-HARPER-T 200.00 DEV RTS REC FEE/HARPE 250.00 TITLE INS-HARPER-TOS 535.00 TOTAL 985.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ONE HUNDRED AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 119'71 0959 DATE 04/~4/2005 PREPAID 4/14/._05 uo. 079959 CHECK NO. AMOUNT 79959 $100.00 PAY TO THE ORDER Of KAREN HAGEN 2675 KERWIN BOULEVARD GREENPORT NY 11944 II'O?:t~5~i~' ,.'OS~,L, OSL,~,~,,: &~. OOOOOt, O,' VENDOR 007707 KAREN HAGEN 04/i4/2005 CHECK 79959 P.O.# H3 .8660.2.600.100 INVOICE 041405 DESCRIPTION AMOUNT TITLE CLOSER-HARPER TOTAL 100.00 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R S M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 16 Receipt Number : 05-0045271 TRANSFER TAX NUMBER: 04-38606 District: 1000 ~ed Amount: Recorded: At: LIBER: PAGE: Section: Block: 059.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $48.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Comma. Pres $0.00 NO TRANSFER TAX NUMBER: 04-38606 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 04/27/2005 03:03:38 PM D00012384 377 Lot: 020.001 Exempt $5.00 NO $15.00 NO $0.00 NO $3O.OO NO $0.00 NO $108.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage instrument Deed / Mortgage Tax Stamp [ Recording / Filing Stamps ,I Handling 5. 00 TP 584 Notation EA 52 17 (Collllt)) EA~5217 (State) R.ETS.A. Comm. of Ed. 5. 00 Affidavit Certified Copy Reg Copy Other Sub Total FEES Sub Total 4 tJtstnct Real 1.000 OBgO0 0100 020001 Property Tax Setwice ,/p · ~'~, Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: //72 Mortgage Amt. [. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add ......... TOT. MTG. TAX _ Dual Town __ Dual County Trt~7~;; ,°rib xApp°intln e n t~ Mansion Tax The property covered by this mortgage is or will be improved by a ()ne or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. Community Preservation Fund Consideration Amount $'~2 ~'~ CPF Tax Due $ ~) hnproved Vacm, Lend TD TD 7 I Title Co~npany Information Suffolk County Recording & Endorsement Page This page forlns p~ut of the attuched ~ ¢k,O~ ~}~-~O'~-O/zfik:Tr~q--~t} 2tA~J~J~''jt~'C ~'gg"P~5 (SPECLFy TYPE Ot5 INSTRUMb}N~ Thc premises herein is situated in SUFFOLK COUNTY, NEW YORK. h, the Township of ~0 ~/'~:~9 ~ In thc VILLAGE ,~ or IIAMLET of ~ BOXES 6 TIIRU 8 MUST BE TYI ED OR 1 P, INTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILLNG. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 14'h day of April, 2005, between PECONIC LAND TRUST, INCORPORATED, having its principal office at 296 Hampton Road, Southampton, New York 11968 (hereinafter collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (hereinafter called "Grantee"). ~TRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM #1000-59-1-20.1, more fully described in SCHEDULE "A" attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors dated March 31, 2005, hereinafter referred to as the "Property"; and WHEREAS, the Property is 0.67 acre and is located in the R-40 Zoning District of the Town of Southold; and WHEREAS, the Property is currently vacant open space; and WHEREAS, the Property is included in the Town of Southold Community Preservation Fund, Community Preservation Project Plan, as a parcel targeted for preservation under the project area designated as Wetlands, Open Space and Scenic Areas; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and natural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in ;vhich the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and i~herent, 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 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 Fifty-Six Thousand ($56,000.00) Dollars and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby graut, 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 HA VE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or liens and possesses the fight to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York 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 presmwation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural and scenic values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, 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 fnrtherance of federal, New York State and local conservation policies. 0.04 Governmental 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 the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the temps hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 31, 2005, prepared by Peconic Surveyors and an Environmental Site Assessment dated April 11, 2005, prepared by Nelson, Pope & Voorhis, LLC. 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 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than open space as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 6 and Chapter 59 of the Town Code of the Town of Southold (the "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 Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section 4.06, 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), pem~anent or temporary, on, over, or under the Property, shall be prohibited. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or xvalkways. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, 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, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265,276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "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, or with written consent of the Purchaser. 3.04 Dumpin~ The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, 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 easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems not already in place on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service the permitted structures. 3.07 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property. The parties agree that one sanitary flow credit shall be transferred to the Town's TDR Bank in accordance with Chapter 87 of the Southold Town Code. Alt other types of development rights not transferable pursuant to Chapter 87 shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other 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, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior xvritten approval of Grantee, and as such approvals may be required by the Town Board of the Town of Southold and the Town Land Preservation Committee or its successor committee. These structures and improvements include: (i) Underground facilities used to control stormwater runoff; (ii) Fences, if placed so as not to block or detract from the scenic view; and (iii) Trails for non-motorized vehicles or foot traffic only. B. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent ~vith the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.06 Notice Grantor shall notif~v 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 and open space values, which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 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. The request for approval shall describe the nature, scope, location, timetable and any other material aspect of the proposed improvement or activity in sufficient detail to permit Grantee to evaluate the proposal. Approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after ali necessary documentation and infommtion is submitted to Grantee. If, after 45 days, Grantor has not received any response from Grantee to snch submission, then Grantor shall notify Grantee in writing that it has not received any rcsponse to such submission. If Grantee fails to respond to such second notice within 10 days thereafter, then Grantee shall be deemed to have approved Grantor's proposed action or request. Whenever an action by Grantor requires the approval of Grantee, it is understood Grantor must also obtain any required governmental approvals for the action. Prior to the construction of those improvements or the exercise of the activities approved by Grantee in accordance with this Section 4.05 hereof, Grantor agrees to notify Grantee in writing of the intention to cxcrcisc such approval. The notice shall describe the nature, scope, location, timetable, and any other material aspect of the proposed construction or activity in sufficient detail to permit Grantee to monitor such construction or activity. When such information was not previously provided to Grantee under the requirements of this Section 4.06 hereof, the notice shall also include information evidencing the conformity of such construction or activity with the requirements of the applicable Sections under which the right is reserved hereunder. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other goveramental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other govermnental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnif~v 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 arising from the 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. 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 those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely fi-om the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance and Annual Mowing Requirement The Grantor shall continue the current modes of landscaping, pruning and grounds maintenance on the propel~ty. Grantor shall remove or restore trees shrubs or other vegetation when dead, diseased, decayed or damaged, and thin and prune trees as needed to improve the appearance of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to detemfine 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, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grm~tor 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, Grantor shall not be liable for any changes to thc Property resulting from 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 o f Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not 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, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires inm~ediate 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, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. 6.04 Notice All notices required by this Easement must be ~vritten. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor nray designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for 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 mauual delivery or the date of its tnailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or rclief or the ose of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, 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 hereinafter referred to as the "Proportionate Share". The Proportionate Share of this Easement is 94.5% as based on the Grantor's appraisal dated April 12, 2005. in the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible 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 to the Proportionate Share of the fair market value of the Property as such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exemise 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 from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share 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 6.06 shall be in addition to, and not in limitation of, any rights 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 MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement may be amended only ~vith the written consent of Grantee and current Grantor. Any amendment to this Easement must be approved by the Suffolk County Department of Health Services, as the Easement involves a transfer of one (1) Sanitary Flow Credit. Any such amendment shall be consistent ~vith the Purpose of this Easement and shall comply with the Town Code or any regulations promulgated thereunder. Any such amendment shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to Section 3.10 of this Easement and the provisions of Chapter 59 of the Town Code of the Town of Southold, upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority vote of the Town Board of the Town of Southold, 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 Severabilit¥ Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or li~nited 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 of co~npetent jurisdiction shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law Ne~v York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambigtfity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of xvhich would render that provision invalid, then that provision shall be given such interpretation as would render it valid mid be consistent with the purposes of this Easement. Any rule of strict construction designed to limit tbe breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, whicb is by nature and character primarily negative in that Grantor has restricted and limited bis 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 intelpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations ~nade by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) By: ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) By: pervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) ssi On this 14th day of April, in the year 2005, before me, the undersigned, personally appeared TIMOTHY CAUFIELD, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same iu 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 Pub~/¢'- / I ""¥././~ ~.~ KAREN d. HAGEN NOTARY PUBLIC, State of New York No, 021qA4927029 _ Qualified in Suffolk County Commission Expires March 21, 20 ~ STATE OF NEW YORK) COUNTY OF SUFFOLK) ss: On tiffs 14th day of April, in the year 2005, before mc, 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 instrumcnt 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 Public' ~ KIERAN M. CORCORAN Notary Public, State of New Yod~ No. 02C06119838 Qualif ed n Suffolk County Corem ss on Expires December 6, SCHEDULE "A" DESCRIPTION ALL those certain two pieces or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northxvesterly side of Lake Drive where the same is intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with the northeasterly side of West Drive; RUNNING THENCE northwesterly along said curve bearing to the right having a radius of 25 feet, a distance along said curve of 30.98 feet; RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32 minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map made for Constantine P. Georgiopoulous"; THENCE along said land the following three (3) courses and distances: 1) 2) 3) North 45 degrees 35 minutes 30 seconds east 139.30 feet; South 44 degrees 24 minutes 30 seconds east 25.00 feet; North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna Benedetto and Donald Seaman THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the northwesterly side of Lake Drive; THENCE along said northwesterly side of Lake Drive, the following two (2) courses and distances: l) 2) North~vesterly along an arc of a curve bearing to the fight having a radius of 266.66 feet, a distance along said curve of 52.54 feet; South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING. TOGETHER xvith all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. BEING AND INTENDED TO BE the same premises conveyed to Peter F. Harper by deed recorded in the Suffolk County Clerk's office in Liber 12170 at Page 297 and then conveyed to the party of the first part by deed dated April 14, 2005, and submitted for recording to the Suffolk County Clerk's office simultaneously this date with deed of development rights casement. D E E D SUFFOLK COUNTY CLKP, K RECORDS OFFICE RECORDING PAGE Number of Pages: 4 Receipt Number t 05-00&5271 T~ANSFER TAX NUMBERt 04-38605 LI~= D00012384 PA~E~ 376 Dlatrict~ 8ection~ Bl~k~ Lott 1000 059.00 01.00 020.001 ~D ~ ~ED ~ ~L~WS ~ed ~C: $220,000.00 Recordedt 04/27/2005 Att 03~03t38 PM Received ~he Following Fees For Above Instru~aent Page/Filing $12.00 NO Handling $5.00 NO COE $5.00 NO N~$ SBCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $165.00 NO TP-58& $5.00 NO Cert.Co~ies $0.00 NO RPT $30.00 NO ~CT~ $0o00 NO Transfer t~x $880.00 NO Co,ed. Pres $0.00 NO Fees Paid $1,122.00 TRANSFER TAX N~BER= 04-30605 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Roma~ne County Clerk, Su£folk Co~nty 'Number of pages TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 31 Page / Filing Fe~ Handling 5. 00 Deed I Mortgage Tax Stamp Sub Total Notation EA-52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Sub Total 4 District ~ecuon Real Verification ', 71 Title Company Information r Suffolk COunty Rec0rdin & Endot sement'p ige- This page forms pm of ~e at~ched ~ ~ m~e by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. · ~h [he VILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (o~0 Recording / Filing Stamps '{ Mortgage Amt. L Basic Tax 2. Additional Tax Sub Total Sp~cYAssit. Spec. 1Add. TOT. MTG. TAX Dual Town -- Dual County i Held for Appointment _ Tcansfer 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 hr NO, see appropriate tax clau~e on page # __ of this instrument. Communlt~ Preservation Fund Conaideration Amount $~)t CPF Tax Due $ '. ~-- Improved __ Vacam Land TD TD BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS THIS INDENTURE, made ~¢ ~ Oy of Aprik 2005 BETWEEN PETER F. HARPER, having an address of 48 Drummer Road, Acton, MA, 01720 .pan-/of the first pan, and PECONIC LAND TRUST, INCORPORATED, having an address of 296 Hampton Road, Southampton, NY 11968, party of the second part. WITNESSETH, that the party of the first part, in consideration ofTen Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being more particularly described on Schedule A attached here to and made a part hereof. SAID PREMISES having the street address 1920 Lake Drive, Southold, NY. BEING THE SAME PREMISES AS THE PREMISES CONVEYED TO THE PARTY OF THE FIRST PART BY DEED DATED 12/6/01 recorded 2/21/02 IN LIBER 12170, PAGE 297. TOGETHER with all right, title and interest, if any, of the party of the first par( in and to any streets and roads abutting the above described premises to the comer lines thereof; TOGETHER with the appunanances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second pan forever. AND the party of the first part covenants that the parly of the first pan has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. ~ the garty_ 9.f the first part in compliance with Section 13 of tho Lien Law, covenants that the pa?fy of~t. he first part w~!l r~e,!ve~e cons~deranon for th~s conveyance and wfi! hold the right to reeeiy, e,%t~h.q.~fisi,deration as a trust fund to be applied first for the purpose of paying tho cost of the imp~'~i~gtl~s.~.dlv(.!l.a.p, ply th%4tame first to the payment of the cost of the improvement before using any pari of the total of the same for any other purpose. The word "parl~" shall be construed as if it read "parties" whenever the sense of this indenture so requires. STATE OF NY ) ) SSA COUNTY OF SUFFOLK ) On the/ (7~/day of April, 2005 before me, the undersigned, a Notary Public, in and for the said State, personally appeared PETER F. HARPER 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 capacities, and that by his/her/their signature(s) on the instrument, the individuals, or the person upon behalf of which individual(s) acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No, 02HA4927029 Qualified in Suffolk County ~ ~) Commission Expires March 2% 20 ,,. BARGAIN AND SALE DEED With Covenant Against Grantor's Acts Title No. PETER F. HARPER TO PECONIC LAND TRUST, INCORPORATED DISTRICT 1000 SECTION 059.00 BLOCK 01.00 LOT 020.001 COUNTY OR TOWN LINDENltURST, SUFFOLK STREET ADDRESS: 1920 Lake Drive, Southold, NY RETURN BY MAIL TO: Susan QuinnTuths, Esq. Tuths and Tuths, Esqs. 77 Hampton Road Southampton, NY 11968 Stewart Title Insurance Company Title No: 25-S-0608 Policy No.: 0-8831-328435 Schedule A Description ALL those certain two pieces or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northwesterly side of Lake Drive where the same is intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with the northeasterly side of West Drive; RUNNING THENCE northwesterly along said curve bearing to the right having a radius of 25 feet, a distance along said curve of 30.98 feet; RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32 minutes 40 seconds west 100.19 feet now or formerly of "Subdivision Map made for Constantine P. Georgiopoulous"; THENCE along said land the following three (3) courses and distances: North 45 degrees 35 minutes 30 seconds east 139.30 feet; South 44 degrees 24 minutes 30 seconds east 25.00 feet; North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna Benedetto and Donald Seaman THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the northwesterly side of Lake Drive; THENCE along said northwesterly side of Lake Drive, the following two (2) courses and distances: Northwesterly along an arc of a curve bearing to the right having a radius of 266.66 feet, a distance along said curve of 52.54 feet; South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded flom the coverage of this policy and the Company will not pay loss or damage, costs, aHomeys' fees or expenses which arise by Ieason 1. (a) Any law, aldinance al governmental regulation (iucluding but not limited to building and zoning laws, ordinances, or regulations) resUicting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or JocaDon of any implovement now al hereafi'er erected on the land; (iii) o sepalation in ownership or a cDange in the dimensions m oma al the land or ony parcel of which the land is or was o park m (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental iegulations, except to the extent that a notice of the enforcement tbemoJ or o notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records et Dote of Policy. (h) Any governmental police power not excluded by (a) above, except to the exqent that a notice of lhe exercise thereat or a notice of a de[ed, lien or encumbrance resulting [rom a violetion al al/aged violation aCCeding the land has been recorded in the pubbc records at Date of Policy 2 Rights of eminent domain unless notice of the exercise thereof has been recmded in the public records at, Date of Policy, bul not excluding flora covelage any taking which has occurred prior fo Date of Policy which would be binding on lbo rights of a purchaser Col value without knowledge 3 Defect% lien% encumbrance% adverse claims or othe~ matters: (a) created, suffeled, assumed al agreed to by the insured claimoul; (b) not knowe to ffm Company, not recmded in tile public recolds at Date of Policy, hal kuown to the insured claimant and not disclosed in writing to the Company by the insured daimant prior to the date the insured claimant became on iusumd under this policy; (c) lesuJting in no Joss or danlage to the insured daialonl; (d) attaching or created subsequent to Date of Policy; or (e) resulDng in loss or dan/age which would not have been sustained lithe insored daimoal had paid value for lhe estate or iuterest insured by this policy. 4. Any claiol which elises out of the transaction vesting iu the lesared tile estate or interest insured by this policy, by reasou of Dm operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, lhat is based mi: (a) the ttansacDon creating the estate m intelest insured by this pobcy huglg deenled a fraudulent conveyance or flnudulm/t aaosfer; or (h) tbe transocDon creating the estale or intelest insuled by this policy being deemed a pleferential transfer except whom the preferential ttoos[el results from tbe fadme: (i) to DmeJy recold the instrument of transfer; or (ii) of such recordation ~o impolt oolite to a pulchnser fm value m a judgment or lien creditor 0-8831- 328435 NYO01 (10 1792) Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (63D 501-9623 Date: April 13, 2005 Title No: 25-S-0608 Melissa A. Spiro Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Peconic Land Trnst (fee title) and Southold Town Land Preservation (developmental rights') Premises: 1920 Lake Drive Southold, New York 11971 Reference: In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY SCHEDULE A Title No.: 25-S-0608 Date of Policy: April 14, 2005 Policy No.: 0-8831-328435 Amount of Insurance: $56,000.00 I. Name of Insured: County: Suffolk Peconic Land Trust (tee title) and Southold Town Land Preservation (developmental rights) 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: Peconic Land Trust (fee title) and Southold Town Land Preservation (developmental rights), who acquired development rights by virtue of a easement from Peter F. ltarper, dated and to be recorded in the Sufiblk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 059.00 Block: 01.00 Lot: 020.001, 4612 (7/93) Page 2 STEWART TITLE INSUI~,NCE COb'IP^NY Stewart Title Insurance Company Title No: 25-S~0608 Policy No.: 0-8831-328435 Schedule A Description ALL those certain two pieces or parcels of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as folloxvs: BEGINNING at a point on the northwesterly side of Lake Drive where the same is intersected by the easterly end of a curve connecting the northwesterly side of Lake Drive with the northeasterly side of West Drive; RUNNING THENCE northwesterly along said curve bearing to the right having a radius of 25 feet, a distance along said curve of 30.98 feet; RUNNING THENCE along the northeasterly side of West Drive north 38 degrees 32 minutes 40 seconds west 100.19 feet now or formerly of"Subdivision Map made for Constantine P. Georgiopoulous"; THENCE along said land the following three (3) courses and distances: North 45 degrees 35 minutes 30 seconds east 139.30 feet; South 44 degrees 24 minutes 30 seconds cast 25.00 feet; North 45 degrees 35 minutes 30 seconds east, 50.00 feet to land now or formerly of Edna Benedetto and Donald Seaman THENCE along said land south 44 degrees 24 minutes 30 seconds east, 163.36 feet to the northwesterly side of Lake Drive; THENCE along said northwesterly side of Lake Drive, the tbllowing two (2) courses and distances: Northwesterly along all arc of a curve bearing to the right having a radius of 266.66 feet, a distance along said curve of 52.54 feet; South 66 degrees 27 minutes 20 seconds west 142.19 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY SCHEDULE B No.: 25-S-0608 Policy No O-8831-3284_35 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Variation between Record Description and the Land and Tax Map. 2. Policy will except the terms and conditions of the Grant of Development Rights Easement / Conservation Easement to be executed by the grantor and the Southold Town Land Preservation. 3. Subject to water charges, if any. 4. Survey made by Peconic Surveyors, P.C., dated 03/31/2005, shows premises as unimproved vacant land. (a) Edge of wetlands and wetlands shown thereon. No variations or encroachments shown. 4613 (2/93 Page 3 STEWART TITLE INSURANCE CONIPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY TitleNo.: 25-S-0608 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-328435 l. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien tbr services, labor or material 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. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of tile policy and is sul~ject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereo£ Signed on April 14~ 20(15 Stewart Title Insurance Company Signed by: Authorized Office or Agent Stewart Title Insnrance Compan)r 125 Ba,',rlis Road Suite 201 New York 11747 [gent No.: 327005 STEWART TITLE INSURANCE COMPANY STANDARD NI-W YORK ENDORSEMENT (9/I CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The follewing terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subied to any rights or defenses atCompany would have had against the named insured, those who succeed to the interest he named insured by operation of law as distinguished from purchase including, hul not limited to, heirs, distrihutees, devisees, sumJvors, personal representatives, next of kin, or corporate or fiduciary successors. (h) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of maHels affecting the land. (d) "land"; the land described or referred to Jn Schedule A, and improvements affixed thereto which by law constitute mai properly. The term "land" does not include any ploperty beyond the lines of the area described or refer~ed to Jn Schedule A, nor day riehl title, interest, estate or easement in ahuHing streets, roads, avenues, alleys, lanes, ways waterways, hut nothing herein shall modiJy or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": modgage, deed of ttust, trust deed, or other security instrument (f) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of mailers relating to real properly to purchasers for value and without knowledge. With respect to Sedion ](a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States distrid court for the district in which the land is located. (g) "unmarhetahilih/of the title": an alleged or apparent mailer afJecting the title to the land, not excluded al excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to he released from the obligelion to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of gate of Policy in favor of an insured only so tong as the insured retains an estale or interest in the land, al holds an Ooehtedness secured by a purchase money modgage given by a purchaser from the insured, ely so long as the insured shall have Jiahdi~/by ieasen of covenants of warranh/made by the insured in any transfol or conveyance of the estate or interest This policy shall not continue in folce in favor of any purchaser from the insured of either (i) afl estate or interest in the land, or (ii) an indebtedness secured by a purchase money alortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAI~NT. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth ia Sedion 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, nad which might cause loss or damage for which the Company may be liable hy virtue of lhis policy, or (iii) if title to the estate or interest, as insured, is rejeded as unmarhelable, ff prompt notice shall not he given to the Company, then as to the insured all liability of the Company shall terminate with repaid to the matter or mailers fei which prompl notice is requiled; provided, However, that failure to aotify the Company shall in no case prejudice the rights of any 7nsured under this policy unless the Company shall he prejudiced by the fodam end then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUlY OF IPlSURED CLAIMANT TO COOPERATE. (a) Upon wriHen request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at [ts own cosl and without unreasonable delay, shall provide fei the defense of an insured in litigation in which any third party asserts a claim adverse to the title or intemsl ns insured, hut only as to those stated causes of action alleging a defect, lien al encumbrance al other mailer insured against by this policy The Coolpany sherl have the right to seJecl counsel of its own choice (subject to the right of the insured to object for reasonable cause) to represent the insured as Io those stated causes of action and shall eel be liable for and will not pay the fees of any other counsel File Coaqpaay will not pay any tees, costs or expenses incurred by the insured in the defense Ohose causes of action which allege matters not insured against hy this policy (h) The Coo/pany shall have the right, at its own cost, to institute and prosecute arly action or proceeding or to do ally other act which ill its opinion may he necessary al desirable to establish the title to the estate or interesl, as insured, ar to prevent o/reduce Joss m damage 1o the insured. The Company may take any appropriate action under the terms this policy, whether or not it shall he liable hereunder, and shall not thereby concede or waive any provision of this policy If the Corrlpany shall exmcise it lights under this paruglaph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jugsdidJon and expressly reserves lhe right, in its sole discretion, to appeal from any advelse judgment or older. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, end pelmit the Company to ese, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insulnd, at the Company's expense, shall give the Company all masenahle aid (i) Jn any action or proceeding, securing evJdeuce, obtaining witnesses, prosecuting al defending the action or proceediag, or nftecgng setiJelllenl, and (ii) in any other lawful acl which in the opinion of the Company may be necessary or desirable to establish tile title to the eslate al interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall telmJaate, including any liability or obligation to defend, prosecute, or continue any htigation, with regard to the matter al matiem requiring such coopelation. 5. PROOF OF LOSS OR BAMA6E. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed nod sworn to by lhe insured claimant shall he furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, tile basis of calculating the amount of the 1ass or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, al continue any litigation, with regard Io the matter or maHels requiring such proof of loss or damage. In addition, the insured claimant may reasonably he required to submit to examination under oath by any authorized repmsentative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized repmsenlative of lhe Company, all recolds, books, ledgem, checks, correspoadence and memoranda, whether bearing a date hetom al after gate of Policy, which reasonably pertain to the loss al damage. Furihel, Jf requested by any authorized representative of the Cmepany, the insured cJaimm;t shall glaui its pemlission, in wilting, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or conttol of a third pur'~, which reasonably pertain to the Joss or damage Afl information designated as confidential by the insured claimant provided 1o the Company pursuant to this Section shall not he disclosed 1o o~hers unless, U/the reasonable judgalent of the Company, fl [s necnssacy ia the administration of the claim. Failure of the insured claimant to submit for examinalion undm oalh, produce other reesoaahJy requested informalion al grant permission to secure reasonably necessary information from third parties as required in this paraglaph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. Jn case of a claim under this policy, the Company shall have the following addJliorial options; (o) To Pay or Tender Payment of the Amount of Insurance. To pay or tender paymerll of the an/anal Of insurance undel this policy togethm w[lh arty costs, unomeys' fees and expenses incurred hy the insured claimant, which were authorized by the Company, up to lhe time of payment or leader of payment and which lhe Company is obligated to pay Upon lhe exercise by tile Company of this option, ali liahilih/and ohligulioas 1o the insured under this policy, other than to make the payment required, shall lerminate, q/eluding any liahilih/or obligation to defend, prosecute, al continue any litigatiarl, and the policy shall he surrendered to the Con/pony for cancallalion (h) Tu Pay ar Otherwise Settle With Parties Other than the Insured et With the Insured Claimant. (i) to pay or othe/wise settle wilh other parties for or ia the name oF aa insured claimant any claim insured against undm ibis policy, together wJlfl any costs, attorneys' fees and expenses iacmred by lhe irlsumd claimant which were authorized by lhe Con/pony ap ~o the time of pnymenl and which lhe Company is obligated 1o pay; or (ii) to pay or otherwise settle wgh the insmed cloimm/t tim loss or dmllage provided fei under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by lhe Company up to lhe time oJ puynlent and which the Company is obligated to pay. IconUnued and concluded on last oaoe of this oolicvl bUflUI I IUri~J RflU ~; I II'ULR I IUri~ t;ontlnueo (continued and concluded Ir(m1 reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for in paragraphs (h)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be mede, shall terminate, including any liobilily or ohligatioe to defend, prosecute or continue any litigation. DB'ERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnil? against ndual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by lanson or matters insured against by this policy cod only to the extent herein described. Ca) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; m, (ii) the difference hetween the value of the insured estate or interest as insured end the value of the insured estate m inlerest subied to the defect, lien o? encumbrance insured against by this policy. Cb) lo the event the Amount of Insurance stored in Schedule A at the Date of Policy is less than 80 percenl of the varue of tile insured estate or interest or the full consideration paid for the estate or interest, whichever is les.s, or if subsequent to the Cate of Policy en improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount er Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partJcl Joss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Dote of Policy bears to the total value of the insured estate or interest at Cate of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro iota in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of insurance stated in Schedule A and the amount expended fei the improvement The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable undel this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated Jn Schedule A. Cc) The Company will pay only those costs, aHomey's fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations 8. APPORTIONMENT. If the land described in Schedule A consists of lwo or more parcels which are not used as igle site, end a loss is established affeding one or more of the parcels but eel nil, the loss shall he computed and settled on a pro rata basis as if the cmount of insurance under this policy was divided pro rata as to the value on Date of Po[icy of each separale parcel to the whole, exclusive of nay improvements made subsequent Io Cate of Policy, on Jess e liability or value has otherwise been agreed upon os to each palcel by ~he Company and the insured at the time of the issuaece of thio policy and shown by an express statement or by an endorsement aHached to this pohcy. 9. LIMITATION OF LIABILIff. Ca) If the Company establishes the title, nl removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or ftgm the land, or cures the claim of unmarketabJbly of title, all as insured, Jno reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed ils obligations with respect to that matter nod shall not be liable for any loss or damage caused thereby. Cb) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall hove no liability for loss ar damage nntil there has been a finnr determination by n court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the Dtle as insured Cc) The Company shall not be liable for loss or dmrlage to any insured for liobilil? voluntarily assumed by the insured in settling any claim m sug without the prior writtee consent or the Company. 10 REDUCTION OF INSURANCE; REDLICl'ION OR TERMINATION OF LIABILIff. All payments under this policy, except payments made for costs, attorneys' fees aad expenses, slmll reduce the amount of the insurance pro tanto. 11 LIABILI]? N 0 ff ClJMULATIVE. It Js expressly undelstoad tbel lbo oleount or ]nselaace orlder lhis policy shall be reduced any umamtt tile Company may pay under any polky Jnsunng e mortgage to which is taken in Schedule B or to which the insured has agreed, assumed, m laken or which is hereafter executed hy ae insured aad wbJcb [sn charge ar lice on the estate al ialemst described or referled to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured ownm. 12. PAYMENT OF LOSS. Ca) No payment shall be triode without produciag this policy for eadorsenierrt of the payment unless the policy has been lest al destroyed, icl which case ploaf of loss or deshucDon shall be furnished to tbe satisfaction of the Company. Cb) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENTOR SEITLEMEI4'f. Ca) The Company's qRight of Subrogation. Whenever the Company shall have settled oed pcid a claim under this policy, all right cf subrogation shall vest in the Company unaffeded by any act of the insured claimant. The Company shall he subrogated lo and he entitled to all rights and remedies which the insured claimant would have had against any person el properly in resped to the cleim had this policy not been issued. If requested by the Company, lhe insured claimant shall transfer to the Company all rights and remedies against any poison or properly necessary in order to per~ect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured daJmant in any transaction or litigation involving these rigbt~ al remedies. If a pcyment on account of a claim does not fully covef the loss of the insured claimant, the Company shall be subrogated te these rights and remedies in the proputtion which the Company's payment bears to the whore amount of the loss. If loss should result from any act cf the insured claimant, as stated above, that act shall nol void this policy, but the Company, in that event, shall be required tn pay ooly that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of submgotiom (h) The Company's Rights Against Non-iasured Obligois. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American AihJtlaticn Association. ArbUrabJe matters may include, hut ere not limited to, any controvnlsy or claim between the Company end the insured arising out or m relating lo this policy, any service of the Company in connection with its issuance or the breach of a policy plovisJan or otlmr obligation. All nrhittoble matters, when the Amount of Insurance is $1,000,000 or less shall he arbitrated at the option of either the Company or the insured. All orbitreble matters when the Amount of Insolence is in excess of S],O00,O00 shall be arbitlated only when agreed to by both the Company and the insured Alhitration pursuant to this policy and under the Rules in effect on the date the demand for alhitration is mode or, at the eptioo of the insured, the Rules in effect at Dnte of Policy shall be binding upon the parties The award may include attorneys' (ecs only if the Jaws of the state in which the land is located pelmit a court to awald attorneys' fees to a prevailing pa~. Judgment upon the award rendered by the Arbitrator(s) may he entered in any cnult having jnrisdiction thereof. The law of the situs of the land shall apply tn an arbihatinn under the Title Iosulance AIbitmtJon Rules. A copy of the Rules may be obtained from the Company upoe request. 15. LIABILIff LIMITRC TO THIS POLICY; POLICY EI'ITIRE CONTRACT. Ca) This policy together with all endorsements, if any, aHcched hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Cb) Any claim of loss or damage, whether or not based on negligence, and which OliSes out o( lbe status or the CtJe to lhe estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. Cc) No amendment of al endomenlent to this policy can ha made except by a writing endomed haman el nitached hereto signed by eithel the President, a Vice President, the Secretary, an Assistant Secletnry, or validating officel or authorized signatory of the Company 16. SEVERABILI'ff. la the evenl any provision of the policy is held invalid al unenforceable ondel applicable law, the policy sbnJl he deemed not to include that provision and all other provisions shall mineD/o/full force and effect JY NOTICES, WHERE SENT. All helices required to be given the Company and any stolement in writing required to be fumislled the Company shall iacJade Nm narnher of Cgs policy and shalt be addressed to tile Cmnpaey at 300 East 42 nd Streeh New York, New York 100] 7 STE%rAI~T TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE S T E%~ART TITLE® 300 East 42nd Street New York, New York 10017 S A T A R ., y F L 0 C ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765~6145 Telephone (631) 765-1800 southoldtown.nort hfbrk.ncl OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 244 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 26, 2005: WHEREAS, on April 14, 2005, the Town of Southold purchased a Development Rights Easement on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper; an WHEREAS, said property is identified as SCTM#I000-59-1-20.1 and 1920 Lake Drive, Southold, New York; and WHEREAS, said property is 0.67 acres, as per a survey completed by Peconic Surveyors, P.C. on March 31, 2005; and WHEREAS, said property is located within the Low-Density Residential R-40 Zoning District; and WHEREAS, said property is located within the Southold School District; and WHEREAS, the Development Rights Easement recorded as part of the purchase prohibits the use of the property for any residential, commercial or industrial uses and prohibits the use of the property for anything other than open space purposes; and WHEREAS, as per Section 87-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the sanitary flow credits available for transfer from the above-mentioned parcel prior to the Town Board public hearing on the purchase; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcel following the closing on the parcel; and WHEREAS, one (1) Sanitary Flow Credit is available to be placed into the Town TDR Bank as a result of this purchase; be it therefore RESOLVED that the Town Board of the Town of Southold hereby places one (1) sanitary flow credit into the Town TDR Bank from the Town's purchase of the development rights easement on the parcel owned by the Peconic Land Trust, formerly owned by Peter F. Harper and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of one (1) sanitary flow credit into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator, the Suffolk County Department of Health Services and the Planning Department for inclusion into the Town database and GIS system. Elizabeth A. ]Neville Southold Town Clerk PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD SCTM #1000-59-1-20,1 920 Lake Drive, Southold April 14, 2005 Photo taken from Lake Drive facing northerly from eastern boundary marker PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD SCTM #1000-59-1-20.1 1920 Lake Drive, Southold April 14, 2005 Photo taken from Lake Drive facing northeasterly towards sand dune PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-59-1-20.1 0.67 acre 1920 Lake Drive, Southold April 14, 2005 (from left to right) Peter F. Harper, former property owner; and Tim Caufield, Peconic Land Trust Vice-President photo taken at site from Lake Drive PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-59-1-20.1 0.67 acre 1920 Lake Drive, Southold April 14, 2005 (from left to right) Tim Caufield, Peconic Land Trust Vice-President; Melissa Spiro, Southold Town Land Preservation Coordinator; Marian Sumner, Peconic Land Trust Director of Conservation Programs; Peter F. Harper, former property owner; and Patricia A. Finnegan, Southoid Town Attorney photo taken at site PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-59-1-20.1 0.67 acre 1920 Lake Drive, Southold April 14, 2005 (from left to right) Tim Caufield, Peconic Land Trust Vice-President; Melissa Spiro, Southoid Town Land Preservation Coordinator; Marian Sumner, Peconic Land Trust Director of Conservation Programs; and Peter F. Harper, former property owner photo taken at site 2 0 0 P R E S S C O N F E R E N C E PRESS CONFERENCE MONDAY, MAY 9, 2005 GREAT PONDS WETLANDS SYSTEM Kenney's Beach area SCTM #1000-59-1-20.1 PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD Development rights easement = 0.67 acre Premises: 1920 Lake Drive, Southold (from left to right) unidentified area property owner, Concerned Citizens' Committee Marian Sumner, Peconic Land Trust Melissa Spiro, Southold Town Land Preservation Coordinator Bill Edwards, Southold Town Councilman Michael Deering, Suffolk Co Director of Environmental Affairs Lillian Ball, Concerned Citizens' Committee Michael J. Caracciolo, Suffolk Co Legislator - 1st District Joshua Y. Horton, Southold Town Supervisor 38,,3rtie:SUffolk Times · May ~2, 2005 Marian Sumner, Peconic Land TrUSt; Bil! EdWaFds, Southold Town CoUnci! reservation Coordinator; Michael DeeEi~g~ Saff°lk of En~iF0nmental Affairs; ; suffolk County Legislator - 1st District; JOshua Y, Hort0n, Southold Town SUpervisOr; Lillian Ball; ConCerned Citizens' Committee May 9, 2005 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Hor[on Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Depadment Data Processing Town Comptroller Stewardship Manager From: Melissa Spire Land Preservation Coordinator Date: April 15, 2005 Re: PECONIC LAND TRUST (Harper) to TOWN OF SOUTHOLD SCTM #1000-59-'1-20.'1 Please be advised that the Town has acquired a development rights easement for open space purposes on the properly listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #1000-59-1-20.1 1920 Lake Drive, Southold OWNER: Peconic Land Trust (Peter F. Harper) PURCHASE DATE: Closing took place April 14, 2005 PURCHASE PRICE: $56,000.00 EASEMENT AREA: 0.67 acre (easement covers the entire property) PURPOSE: Preservation and protection of open spaces and scenic values, protection of wetlands, protection of significant biological diversity and protection of unique and threatened ecological areas, FUNDING: Community Preservation Funds MISCELLANEOUS: This property was purchased by the Peconic Land Trust at market value. The Peconic Land Trust's purchase was funded by private donors. At a simultaneous closing, the Peconic Land Trust sold the development rights easement as a Bargain Sale to the Town. This propedy yields one (1) sanitary flow credit that will be transferred to the Town's TDR Bank by resolution of the Town Board. AR~A~£9,169 $0. ?~ SURVEY OF PROPERTY AT $OUTHOLD TO~N OF SOUTHOLD SUFFOLK COUNTY, ~ ~ FINAL SURVEY File Vie,,~ Toolbar Help ~9.-1-20.1 47'3889 So~tl~bld " ActiVe : R/S:8 Sehool: Sout~oId$cho01 P~c0n & Land Trust nc, RollYear: 2008 CUll YI Land rights : ' 'O67acres ~92~ ~pke D~ Land Size ~ To a' 1 Taxable Value ....... M~cel ~e: : ~ee~ncLa~Txu~t nc Coun:~ 0 Bo~: 1238~ ~[~6~ 296 Hampt°n Rd Schoo~ P ~ B~x:~ 1776 Bank City: S ~hampt6n~NY Zip: 119G9- Schl ~er ~r; Site 1 of I LAnd ~ale / Total: 3 ~, ~ge Sae D~e S~le Pr ce Ownel P~ Land ~ gh[~ N~dCd~O .~ 3~ 04114'/05 220.000 Pecomc Lan, Se~er: 2~]~:~tH:NONPRF . 1,000 O 0 ; :/: . . Double click tO open a window A E R I A L S 2001 Aerial HARPER Property (PLT) to TO~!N OF SOUTHOLD 0.67 acres 1920 Lake Drive, Southold dev rights S U R V E Y N AREA=£9,169 $0. F~ STREET ADDRESS: 1920 LAKE DRIVE SURVEY OF PROPERTY A T SOUTHOLD TO~N OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-69-01'~0.i $CAL~,: 1'--$0' MARCH ,31, 2005 FINAL SURVEY ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 72090F THE NEW YORK STATE EDUCATION LAW, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. CER TIRED TO: TOWN OF SOUTHOLD PECONIC LAND TRUST STEWART TITLE INSURANCE COMPANY COUNTY OF SUFFOLK (651) 765-5020 FAX P.O. BOX 909 1250 TRAVELER STREET SOUTHOLD, N.Y. 11971 05-144