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HomeMy WebLinkAboutJenkins, Robert & Joan1000-102-2-2.7 (f/k/a 1000-102-2-p/o 2.3) Baseline Documentation Premises: 2800 Depot Lane Cutchogue, New York 16.0577 acres Development Rights Easement ROBERT JENKINS and JOAN JENKINS to TOWN OF SOUTHOLD Deed dated February 23, 2001 Recorded March 8, 2001 Suffolk County Clerk - Liber D00012106, Page 510 SCTM #: Premises: 1000-102-2-2.7 (f/k/a 1000-102-2-p/o 2.3) 2800 Depot Lane Hamlet: Cutchogue Purchase Price: Funding: $189,288.00 (15.774 buildable acres $12,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: n/a Total Parcel Acreage: 17.8942 acres Development Rights: 16.0577 easement acres (includes .2837 sump area excluded from purchase price) Reserved Area: 1.8366 acres Zoned: A-C Existing Improvements: In February 2001 - Existing nursery with farm roads, woods and pond I I$ I I I I I I ! I DESCRIPTION LAND The subject is a.parcel o! land having an area of 17.10+ acres. It is irregular in shape with 410-+.' of frontage on the Easterly side of Depot Lane and has a depth of approximately 1,350±'. The above dimensions are taken from the Suffolk County Tax Map and the subject deed. We have included a copy of the Tax Map in the addenda to this report. Utilities electric and telephone) are available along the property's road frontage. Depot Lane is a two way, two lane, publicly maintained macadam paved roadway. The property has a generally level topography and is mostly cleared. It is situated at or near road grade. ~_GIVEN ~s DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is being appraised as unimproved vacant land. PRESENTUSEAND OCCUPANCY The subject is presently in use as a farm, ~GIVEN eo P R 0 P E R T Y V I S U A L S Tax Map Location 69 I I I I I I I I ! I I I I 1 PHOTOGRAPHS OFSUBJECT View of Subject ~ Facing Easterly View Northerly Along Depot Lane ~GIVEN ~? I ! PHOTOGRAPHS OF SUBJECT View Southerly Along Depot Lane I I I I I I I ~GIVEN gs I i I I I I I GISMap Page I of 1 I I I I I I I http://wwwl ~nysgis. stal~.~.us/SCRll~TS/hsmn.exe]Single/Orthos/Stateld/BHs0.../HS_GISMa 8/29/00 Zoning MapI ?l A P P R A I S A L M O T I O N LAND PRESERVATION COMMITI'EE TOWN OF SOUTHOLD LAND PRESERVATION COMMITTEE MEETING MONDAY, JUNE 5, 2000 Town Hall, 53095 Main Road P.O. Box 1179 Soulhold, New York 11971 Fax (516) 765-1823 Telephon~ (516) 765-1800 JuN ! 3 200117 8eullmMTm mCIm MINUTES Present were: Dick Ryan, Joe Krukowski, Noreen McKenna, Reed Jarvis, Ray Huntington, Jim Pim, Melissa Spiro, Marian Sumner and Bob Jenkins. Doroski application - Bob Jenkins showed the Committee a survey map of the property. The property goes from Route 48 to Soundview Avenue. They will keep out approximately 6 acres, which is wooded. A motion was made by Ray Huntington and seconded by Noreen McKenna to have an appraisal done on this parcel. All were in favor. E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Jenkins Property 1.0 SUMMAR.~.Y The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if po. tential 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 I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property is an 18.6 acre parcel of agricultural land with the exception of a single family dwelling; this report addresses the vacant land only as the owner will remain ownership of the home. The property is located on the east side of Depot Lane, south of Middle 1R~0d_ ~ 0R~?0t~_ 24.83).' The pr°perry is re°re particularly described as Suff°lk C°unty Tax MaP # The subject property is an 18.6 acre parcel of land that is being utilized to grow ornamental landscape species. The property owner's house was located in the southwest corner of the property. Since this report is for the purchase of the development rights, the house is not considered part of this report. An inspection of the property did not reveal any major dumping or debris, staining, residue, odors or stressed vegetation. Aerial photographs fi.om 1961, 1969, 1976, 1980 and 1994 identify the subject property as farmland throughout this period. An extensive government records search found no potential sources of environmental degradation on the subject property. One (1) State documented closed spill incidents was noted in the vicinity of the subject property. This closed spill incident is located approximately one- half (0.5) mile to the north and is not expected to adversely impact the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. I FIGURE 1 LOCATION MAP Jen~ns ProperW, Southold Phase I ESA -72 31' 4T', 41 03' O6" I ~- ~'~ ~ :~' Source:xPrecision Mapping, 1995-96 FIGURE 2 SITE MAP Jenkins ProperW, Southold Phase 1 ESA I I I ! Page 9 of 24 ! ! FIGURE 3 Jenkins Property, Cutehogue Phase I ESA Page 16 of 24 I OVERVIEW MAP - 566703.3s - Nelson, Pope & Voorhis LLC '~' Target Property ,*. Sites at elevations higher than or equal to the target property the target property A Coal Gasification Sites (if requested) [] National Priority List Sites [] Landfill Sites ADDRESS: CITY/STATE/ZIP: LAT/LONG: ~¢./ Oil & Gas pipelines r~ lO0-year flood zone ~ 500-year flood zone [] Wetlands per National Jenkins Property CUSTOMER: Nelson, Pope & Voorhis LLC Depot Lane CONTACT: Steven J, McGinn Cutchogue NY 11935 INQUIRY #: 566703.3s 41.0198/72.4928 DATE: November 22, 2000 12:29 pm DETAIL MAP - 566703.3s - Nelson, Pope & Voorhis LLC Target Property · Sites at elevations higher than the target property Coal Gasification Sites (if requested) Sensitive Receptors [] NaQonal Priority List Sites [] Landfill Sites I~I?TAR GET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Oil & Gas pipelines ] 100-year flood zone ] 500-year flood zone [] Wetlands per National Jenkins Property Depot Lane Cutchogue NY 11935 41.0198 / 72.4928 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 566703.3s November 22, 2000 12:29 pm PHYSICAL SETTING SOURCE MAP - 566703.3s Major Roads Contour Lines Water Wells Public Water Supply Wells Groundwater Flow Direction Indeterminate Groundwater Flow at Location Groundwater Flow Varies at Location Cluster of Multiple Icons ~r TARGET PROPERTY: Jenkins Property ADDRESS: Depot Lane CITY/STATE/ZIP: Cutchogue NY 11935 LAT/LONG: 41.0198 / 72.4928 Earthquake epicenter, Richter 5 or greater CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 566703.3s November 22, 2000 12:29 pm P U B L I C H E A R I N G 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT A REGULAR MEETING OF THE SOUTHOLD TOWN BOARD HELD ON SEPTEMBER 26, 2000: RESOLVED that the Town Board of the Town of Southold hereby sets 8:02 P.M., Tuesday, October 10, 2000, Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a Public hearing on the question of acquisition of a certain parcel of property from Robert and Joan Jenkins for purchase of development rights in agricultural lands under Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code. Said property is identified as 5CTM#1000-102-2-2.3, comprising approximately 17.1+- acres of the 18.6 acre farm at a price of $12,000.00 (twelve thousand dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Elizaffeth A. Iqeville Southold Town Clerk September 26, 2000 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2% Community Preservation Fund) , of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing at 8:02 p.m., Tuesday, October 10, 2000,, on the, question of the acquisition by the Town of Southold of development rights in agricultural lands of the property of Robert ~ Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# .14)00-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be purchased outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, 5outhold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours, Dated: September 25~ 2000. BY ORDER OF THE SOUTHOLD TOWN BOARD. ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK _EASE PUBLISH ON OCTOBER 5, 2000, AND FORWARD ONE (1) AFFIDAVIT F PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO OX 1179, SOUTHOLD, NY 11971. ~ies to the following: The Suffolk Times Town Board Members Land Preservation Committee Robert ~, Joan Jenkin~ Town Clerk's Bulletin Board PUBLIC HEARING OCTOBER 10, 2000 8:02 P.M. ON THE QUESTION OF THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON A CERTAIN PARCEL OF PROPERTY FROM ROBERT AND JOAN JENKINS )SCTM #1000~102-2- 2.3), COMPRISING APPROXIMATELY 17.1 ACRES. Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski SUPERVISOR COCHRAN: We will go to the second public hearing in relation to development rights easement, Robert and Joan Jenkins. Bill? COUNCILMAN MOORE: "Notice is hereby given that pursuant to the provisions of Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2% Community Preservation Fund), of the Code of the Town of Southold, the Town Board of the Town of Southold will hold a public hearing at 8:02 p.m., Tuesday, October 10, 2000, on the question of the acquisition by the Town of Southold of development rights in agricultural lands of the property of Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cuchogue, New York, identified as SCTM #1000-102.00-02.00-002.003 at the price of $12,000.00 per acre. Said Development Rights to be pumhased outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 70% of the total cost of acquisition. Further Notice is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: September 25, 2000. By Order of the Southold Town Board. Elizabeth A. Neville, Southold Town Clerk." I have proof that this notice was published in The Suffolk Times, posted on the Town Clerk's Bulletin Board. We have a Short Environmental Assessment Form in the file as well. There is no correspondence. SUPERVISOR COCHRAN: Thank you, Councilman Moore. You have heard the reading in relation to the purchase of development rights easement on a parcel from Robert and Joan Jenkins comprising 17.1 acres. Do you have it there, Melissa? Can you show us where it is? COUNCILMAN MURPHY: Almost right next to Lady of Ostrabrama Church, south of the church. COUNCILMAN MOORE: It is on the pipeline, Route 48, north of Doroski's. SUPERVISOR COCHRAN: Okay, anyone like to address the Town Board in relation to this purchase of development right easement? DICK RYAN: Once more we have a map here. The subject farm parcel is approximately 18.6 acres in size. It has frontage on the east side of Depot Lane. It is adjacent to lands of the Roman Catholic Church and the Sacred Heart Cemetery. The farm is zoned Agricultural-Conservation, which permits single family residential development on two-acre lots, but also intends to control development of open lands that agriculturally productive. The Haven Loam Soil classification of this farm reflects its high agricultural productivity. Most of the parcels is currently in production used for horticultural products. The owner proposes to reserve about any acre and a half of the northwestern most area from the proposed development rights easement for residential uses. The farm parcel represents a link in a chain of agricultural lands extending eastward to Cox's Lane that the Town and the Suffolk County Farmland Preservation Programs have identified for possible purchase and preservation. This property is presently a participant parcel in the Suffolk County Agricultural District Program, which assures agricultural use for a period of years in exchange for a reduction in real estate taxes. The preservation of this farm parcel will serve to enhance the efforts that consolidating large blocks of important productive agricultural lands in the Town. The Town is in contract for development fights easement over fifty-five acres east of this farm. The Land Preservation Committee is currently in negotiations for the purchase of any additional forty acres in between. The Jenkins development fights purchase will assure a significant agricultural open space vista along the easterly side of Depot Lane. The Southold Town Planning Board has been consulted and expressed no reservation to the proposed purchase. The negotiated purchase price is $12,000.00 an acre for the approximate 17.1 acres of development fights. The market value of this proposed purchase reflects in part the development potential and location of this property. (tape change) The farm parcel is identified in the Town's 75% funding application presently before the New York State Department of Agriculture and Markets. The parcel is identified for preservation on the Town Community Preservation Project Plan. The Land Preservation Committee members are unanimous in recommending this development fights purchase. The purchase will most certainly preserve and continue a rural character element of Depot Lane in the hamlet of Cutchogue, specifically in the town in general. On behalf of the Land Preservation Committee I urge the Town to accept the offer of development fights to approximately 17.1 acres of this farm subject to the receipt of an approved survey, and to resolve to purchase the same pursuant to the provisions given in Chapter 6 Community Preservation Fund, or Chapter 25 the Agricultural Land Preservation Section of the Town Code, and further to resolve that the purchase transaction may be accomplished under the auspices of the Suffolk County Greenways Program-or the Suffolk County Preservation Partnership Program as deemed appropriate by the Supervisor, and further to resolve that the purchase transaction is to be accomplished by the joint coordinated of the Town Attorney and the Land Preservation Coordinator. Thank you. SUPERVISOR COCHRAN: Thank you. Anyone like to address the Town Board in relation to this purchase? (No response.) I will close the hearing. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTBAR 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10, 2000: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development fights in the agricultnral lands of a certain parcel of property of Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre pursuant to the provisions of Chapter 25, Agricultural Lands Preservation and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold, Said Developments Rights to be purchased either outfight by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk Cotmty may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. RESOLVED by the Town Board that this action is classified as an Unlisted Action pursuant to the SEQRA rules and regulations, m 6 NYCRR 617 et seq.; RESOLVED that the Town is the Lead Agency; RESOLVED that the Shol't Environmental Assessment Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the To~vn Board determines that there will be no significant adverse impact on the environment and declares a negative declaration for this action. A. Neville Southold Town Clerk October 10, 2000 st 7.~0 ' ' SEQR Appendix C Slate Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Orgy ~ART I--PROJECT INFORMAl'ION (To be completed by Applicant or Project sponsor) 5. Is PROPOSED ACTION: '1 F If the action is in the Coastal Area, and you are a state agency, complete the . C~ast=-i Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL AS' ~$MENT (To be com!~le:ed by Acjenc'/) C:~O~DINATE~ -3) 0 PART tI[--OETERMINA~ON OF SiGNIFiCANCE ~To ~e coml~te~ed ~y Agency) '~c.q effect ~nouicl ~e =_.~sessecl in connec:Jon w,th its (al ~e~inc] (i.e.. ~r~an or .~r~u~; (b) ~rcoaOility ~f occurring; (c~ auration: ~a~ irreversibility;, (e) geocjnmnic scooe: .~ncJ (ri ma~:jnitu~e. If necessary, a.¢c~ a:tacttmen:s ct reference Suooorttng cnatenal=. -~.~sure :,~at Chec.~ :rlis ~ox if you have icienUfiecl one or more ~otenfially large or significant aciver~e [moacts wnic~ MAY occur. Then prccaed aiirec:~¥ :c :l~e ~JLL -~AF ~nd/or ~reca~e a l~osit[ve declaration. ,.~t~Chec~ :his box if you have determined, baseo on ~'~e intcrmation anti analysis above =-nd any su00ar~ing aocumentaticn, :hat .'.he ~rooosecl ac,ion WILL NOT result in a~y significant =-ctverse _~nvironmen[al imoac:m AND ~rovicle On =-~acnments a~ necsssa~y, [he reasons_.Ly~0ordnc] thi~ determination: P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 10, 2000: RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Robert & Joan Jenkins, comprising approximately 17.1 acres, located on the east side of Depot Lane, Cutchogue, New York, identified as SCTM# 1000-102.00-02.00-002.003 at the price of $12,000.00 per acre pursuant to the provisions of Chapter 25- Agricultural Lands Preservation and/or Chapter 6 (2% Community Preservation Fund); and be it FURTHER RESOLVED that the parcel is be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an mount up to 70% of the total cost of acquisition. Southold Town Clerk October 10, 2000 C L O S I N G S T A T E M E N T CLOSING STATEMENT ROBERT JENKINS and JOAN JENKINS to TOWN OF SOUTHOLD Total Parcel Acreage: 17.8942 acres Development Rights Easement: 16.0577 acres (includes 0.2837 acre sump area) 15.774 buildable acres @ $12,000/acre Premises: 2800 Depot Lane, Cutchogue, New York SCTM #1000-102-2-p/o 2.3 (n/k/a SCTM #1000-102-2-2.7) Closing held on Friday, February 23, 2001, 2:00 p.m., Conference Room at Southold Town Hall Purchase Price of $189,288.00 disbursed as follows: Payable to Robert and Joan Jenkins Check #60877 (2/23/01) Payable to Fleet Bank Check #60875 (2/23/01) Payable to Caminiti & Gibbons, LLP Check #60873 (2/23101) $ 130,698.70 $ 57,989.30 $ 600.00 Expenses of Closing: Appraisal Payable to Patarick A. Given, SRPA Check #58721 (9/26/00) Survey Payable to Peconic Surveyors, P.C. Check ~60642 (1/30/01) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #61152 (3/13/01) $ 2,000.00 $ 2,300.00 $ 1,500.00 Title Report Payable to Commonwealth Land Title Ins. Co. Check #60874 (2/23/01) Fee insurance $1,077.00 Recording deed $ 100.00 $ 1,177.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #60876 (2/23/01) $ 50.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. Robert Jenkins Joan Jenkins Paul Caminiti, Esq. Karen Hagen, Esq. Brian Murphy Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Seller Seller Attorney for Sellers Title Company Closer Southold Town Councilman Land Preservation Coordinator OF 8660.2.600. lO0 022301 DEUELOP RGHT- 15. '/?4 A ] 30,698.70 TOTAL 130,698.7( TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 DATE CHECK NO AMOUNT F~FTY SEUEN,T~USAND NINE HUNDRED EIGH~ N~r~ ~N~" 502~ DOLLARS PAY TO THE ORDER OF FLEET BANK 13 .8660.2.600.100 022301 EQUITY LN PAYOFF/JENKI 57,989.30 TOTAL 57,989.30 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 .8660.2.G00.100 022301 ATTY CLOSING FEE-dENKINS 600.00 TOTAL ~OO.OO~ TO~N OP SOUTHOtD · SOUTHOtD, NY ~97J-0959 PATRICK A. GIVEN, SRPA (s 6) 360-3474 FAX 360-3622 box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 September 7, 2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Real Property of Robert and Jo~.n Jenkins Located Easterly side of Depot Lane, Cutchogue, NY S.C.T.M. #1000-102-2-2.3 Appraisal #2000247 $2,000.00 GL108S 20 TOWN OF SOUTHOLD ** Actual . Vendor.. 007416 GIVEN, SRPA/PATRICK : Y JE Date Trx. Date Fund Account : ......................... Use Acti : , , 4/11/2000 4/11/2000 H2 .600 : , , 8/15/2000 8/15/2000 H2 .600 : ,, 8/15/2000 8/15/2000 A .600 ': 9/12/2000 9/12/2000 H2 .600 : ~ 9/26/2000 9/26/2000 H2 .600 ,, 10/10/2000 10/10/2000 H2 .600 : ,, 10/10/2000 10/10/2000 A .600 : ,, 10/10/2000 10/10/2000 A .600 : ,, 10/10/2000 10/10/2000 SR .600 : ,, 10/24/2000 10/24/2000 H2 .600 : ,, 11/07/2000 11/07/2000 H2 .600 : ,, 11/07/2000 11/07/2000 H2 .600 : , 11/14/2000 11/14/2000 H2 .600 : , 12/12/2000 12/12/2000 H2 .600 : , , 1/03/2001 1/03/2001 H4 .600 : ......................... Use Acti': Select Record(s) or Use Action Code : Disburs Inquiry by Vendor N~ ............. Detail~-GL100N ............. W-09262000-299 Line: 147 Formula: 0 Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ Invoice Code. VOUCHER ...... P.O. Code .... Project Code. Final Payment Type of 1099. Fixed Asset.. Date Released Date Cleared. F3=Exit 9/26/2000 SDT 9/28/00 2,000.00 APPRIASAL~JOAN JENKINS 007416 GIVEN, SRPA/PATRICK A. 58721 SCNB 2000247' 07071 P Liquid. M BOX. 07 Addl. N 9/26/2000 10/31/2000 F12=Cancel PECONIC SURVEYORS, P.C. P.O. Box 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 (631) 765-5020 · FAX (631) 765-1797 JANUARY 4, 2001 TOWN OF SOUTHOLD LAND PRESERVATION COMMITTEE P.O. BOX 1179 SOUTHOLD , NY 11971 FOR PROFESSIONAL SERVICES RENDERS: ~t; 6~-£ ~4 OUTLINE SURVEY. OF PROPERTY AT CUTCHOGUE, NY S,C. TAX #: 1000-102-02-2.3 FEE: $ 2,300.00 (JENKINS FARM) GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, Y ,Y, JE Date Trx. Date Fund Account ....................... -- -- -- Begi 9/16/1997 9/16/1997 DB .600 1/20/1998 1/20/1998 A .600 2/18/1999 2/18/1999 A .600 4/13/1999 4/13/1999 A .600 8/15/2000 8/15/2000 H2 .600 11/07/2000 11/07/2000 DB .600 11/07/2000 11/07/2000 H2 .600 11/14/2000 11/14/2000 H2 .600 12/12/2000 12/12/2000 H2 .600 12/12/2000 12/12/2000 H2 .600 12/12/2000 12/12/2000 H2 .600 1/30/2001 1/30/2001 H2 .600 1/30/2001 1/30/2001 H2 .600 1/30/2001 1/30/2001 H2 .600 Select Record(s) or Use Action 2/13/2001 2/13/2001 H2 .600 ......................... Use Acti Code Disbur$ Inquiry by Vendor Nam ........ ' ...... Detail--GLlOON ............. : W-01302001-394 Line: 362 Formula: 0 Account.. H2 .600 Acct De$c ACCOUNTS PAYABLE Trx Date ..... 1/30/2001 SDT 2/01/01 Trx Amount... 2,300.00 Description.. SURVEY-JENKINS PROPERTY Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. Alt Vnd.. CHECK ........ 60642 SCNB Invoice Code. 00-274 VOUCHER ...... P.O. Code .... 07678 Project Code. Final Payment F Liquid. 1099 Flag .... N Fixed Asset.. N Date Released 1/30/2001 Date Cleared. 2/28/2001 F3=Exit F12=Cancel F21=Image Nelspn, Pope & Voorhis, LLC 573 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 00395 Project: Jenkins Property, Cutchogue Manager McGinn, Steven VA418 To: Town of Southold Planning Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Gregory Frank Yakabosk Invoice #: 287 Invoice Date: February 22, 2001 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Professional Services for the Period: li/l/00 to 2/22/01 Invoice Amount $1,500.00 Prepare Phase I Environmental Site Assessment Specified Fee: $1,500.00 *** Total Project Invoice Amount $1,500.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 11/28/2000 11/28/2000 H3 600 11/28/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 1/03/2001 1/30/2001 1/30/2001 3/13/2001 3/13/2001 3/13/2001 3/27/2001 11/28/2000 12112/2000 12/12/2000 12/12/2000 12/12/2000 12/12/2000 1/03/2001 1/30/2001 1/30/2001 3/13/2001 3/13/2001 3/13/2001 3/27/2001 H3 600 B 600 B 600 B 600 B 600 A .600 H1 .600 H3 .600 B .600 H3 .600 A .600 H3 .600 B .600 3/27/2001 3/27/2001 H2 .600 ......................... Use Acti ~ct Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03132001-877 Line: 247 Formula: 0 : : Account.. H3' .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/13/2001 SDT 3/14/01 : : Trx Amount... 1,500.00 : : Description.. PHASE I ESA-JENKINS : : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 61152 SCNB : : Invoice Code. 287 : : VOUCHER ...... : : P.O. Code .... 07763 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. N BOX. Addl. : : Fixed Asset.. N : : Date Released 3/13/2001 : : Date Cleared. 3/31/2001 : : F3=Exit F12=Cancel : "'O&O.°.?~.,' ,:08~,1~051. r~1.,: &~. 00000~, 0,' ~3 ..8660.2~600o100 I3 .8660.2.600.100 022301 022301 TITLE FEES-JENKINS RECORD DEED-JENKINS 1,077.00 100.00 TOTAL 1,177.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 FIFT~ AND.OOxlO0 DOLLARS BOULEU~RD 19.44 ,'O&OS?&,' ,:08&I, OSL,~,~,,.' P,~, 000001. O,' 8660.2. GO0. I O0 022301 CLOSER FEE-JENKINS 50. TOTAL 50. TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 8 TRANSFER TAX NUMBER: 00-29526 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 102.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Page/Filing $24.00 COE $5.00 EA-STATE $25.00 Cert. Copies $0.00 SCTM $0.00 Comm. Pres $0.00 TRANSFER TAX NUMBER: 00-29526 THIS PAGE IS Above Instrument Exempt NO Handling NO EA-CTY NO TP-584 NO RPT NO Transfer tax NO Fees Paid A PART OF THE INSTRUMENT Edward P. Romaine County Clerk, Suffoik ~CoUn~y 03/08/2001 02:21:31 PM D00012106 510 Lot: 002.003 Exempt $5.00 NO $5.00 NO $5.00 NO $15.00 NO $0.00 NO $84.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # D~ed / Mortgage Instrument 4 [ Page / Filing Fee c~ dj Notation EA-52 17 (County) ,~ -- EA-5217 (State) OQ~5- Comm. of Ed, 500 Affidavit Ce~ified Copy Deed / Mortgage Tax Stamp SubTotal Reg. Copy Other FEES Real Property Tax Service Agency Verification Dist. Recording / Filing Stamps Section B lock ! ~2 ,~ ,~2 ..aD Lot Mortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec,/Assit, Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportio ent Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES --or NO If NO, see appropriate tax clause on page tl __ of this instrument. Community Preservation Fund Consideration Amount $/,[~q~ 2.~'~otr)~ CPF Tax Due $ ~9 Satisfactions/Discharges/Releases List Property Owners Mailin RECORD & RETURN TO: Cacant Land Ti.tie Company Information Co. Name , Suffolk County Recording & Endorsement,Page Thi~pagefommpaaoftheattached b~ ~ J~VJ~2g' ( PmF¥ TO The premises herein is situated in SUFFOLK COUNIY, NEW YORK. In the Township of ,~O.J~L~:p in the VILLAGE or HAMLET of ~c~J"< ~-~d made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PR[OR TO RECORDING OR FILING: (OVER~ DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 23rd day of February, 2001, BETWEEN ROBERT JENKINS and JOAN JENKINS, residing at 2800 Depot Lane, Cutchogue, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of one hundred eighty-nine thousand two hundred eighty-eight ($189,288.00)dollars, lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Depot Lane at the northwesterly corner of the premises herein described and the southwesterly corner of land now or formerly of Doroski; RUNNING THENCE North 50 degrees 06 minutes 40 seconds East along said land now or formerly of Doroski and later through other land of the party of the first part, 452.28 feet; THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part, 226.76 feet to land now or formerly of Sacred Heart Cemetery; THENCE along said land now or formerly of Sacred Heart Cemetery the following three (3) courses and distances: 1. North 49 degrees 52 minutes 30 seconds East, 437.04 feet; 2. North 40 degrees 07 minutes 30 seconds West, 130.00 feet; and 3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott; THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet to a marble monument and land of Cutchogue Cemetery Association; THENCE South 46 degrees 45 minutes 20 seconds West along said land of Cutchogue Cemetery Association, 399.02 feet to a monument and land now or formerly of Edson; THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet; THENCE South 4! degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.:t5 feet; THENCE South 44 degrees 38 minutes 50 seconds West, :t39.09 feet to a monument and land now or formerly of Grattan; THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattan, 94.00 feet to a monument; THENCE South 52 degrees :t! minutes 30 seconds West still along said last mentioned land, 309.60 feet to a monument and the easterly side of Depot Lane; THENCE North 39 degrees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to the point or place of BEGINNING, 2 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said encumbered in any way whatever, except as aforesaid. part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. premises have been The party of the first AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, 3 that the parcels of real property described herein are open lands actually used in bona fide agricultural production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 15 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. 4 THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the second part and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non- 5 compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. .~ "~'~ ~ J¢ Jen~ins(~ --- Purchaser: Town of Southold J~ W. Cochran, Supe~isor 6 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) RECORDED 200i ?i~r O'.B 02:2i~31 Ed~,.~a rci P, ?.omaine CLER~ 0F SUFF OLJ:' COV'dT'¢ On the 23rd day of February, 2001, before me person§ll~ ':~l~-¢~ed ROBERT JENKINS, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same and that by his signature on the instrument, the individual, or the person upon behalf of which the,._? i~;~~ment. . . Nota~ Public ( ~ ' O NOT~PUBLIn ~ ........ Qualifi~ n Suffolk County Commi~ion ~1~ M~ 21, 20 ~ STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the 23rd day of February, 2001, before me personally appeared JOAN JENKINS, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted,/~cuted ~e instrument. .... / / %./ //~~ /~~ ~ N~TARYPUBLIC StateofN~ Not~ · ~ - ' -~ ~ ~ No. 02HA4927029 Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 23rd day of February, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD, and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Not?w/~u~blic~ 7~ KAREN J. HAGEN NOTARY PUBLIC, State ot New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21,20 7 T I T L E P 0 L I C Y ISSUED BY COMMObp6rF~LTH LAND TITLE INS[IRANCE COMPANY Commonwealth OWNER'S POLICY OF TrrLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania 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: I. 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 Stipulfitions. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupa~ncy, use, or enjoyment of the land; (ii) thc character, dimensions or location of any improve- ment now or hereafter erected on thc land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these {aws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or a[leged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value withoul knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed ~o by Ihe insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured ¢lafmant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would no~ have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises oul of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, ol similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy beit:g deemed a haudulent conveyance or fraudulent transfer; or (b) the transaction ct eating the estate or interest insmed by Ibis policy being deemed a p:eferemial transfer excepl where the preferential lransfer results from tbe failure: (i) lo timely record the instrument ol transle~; o~ (ii) of such recordation to impart notice to a purchaser fo~ value or a judgment or lieu creditor. Valid Only If Schedules A and B and Cover Are Attached NM 1 PA10 ALTA Owner's Policy (10-17-92) Form '1190-1 Face Page ORIGINAL File No.:' RHBOO03260 0 Gommon, SCHEDULE A Amount of Znsurance: $189,288.00 Date of Policy: February 23, 2003. Policy No,: RH80003260 4m Name of Znsured: TOWN OF SOUTHOLD, a municipal corporation The estate or Interest In the land which ia covered by this policy is: Development Klghte Title t~ the estate or Interest In the land is vest~! in: TOWN OF sOUTHOLD, a municipal corporation By deed made by ROBERT 3ENi~NS and 3OAN 3ENK~NS, his wife to the ZNSURED dated February 23, 2001 and to be recorded in the Office of Ge Clerk/ReGister of SUFFOLK County. The land referred to in this poligy is described on the annexed Schedule A - Description. Counters gned: / ' AuthoriZed Officer or Age Fee Policy ~nsert I:ile No,: RJ4800032GO SCHEDULE B Exceptions from Coverage This policy does not insure.against loss ar damage (and the Company will not pay costs, attorneyS' fees or expenses) which arise by reason of the following: 2. 3, 4. 5. 6. 7, Eights of tenants or persons in possession. Commitment of land to continued Agricultural production set forth In Uber 10690 page 228. Commitment of land to continued AgriCul~ral producUon set forth in Uber 11230 page 372. Commitment of land t~ continued Agricultural production set forth In tiber 11357 page 70. Commitment of land to continued Agricultural produdcion set forth In tiber 11592 page 376. Commitment of land to continued Agricultural production set forth in tiber 11659 page 973. Drainage Easement and Eight of Way recorded Uber/Eeel 8066 page 15. 9. 10. 11, 2~ half 2000/01 town and school taxes. Unpaid water charges to date, if any. Survey made by peconic Surveyors, P.C. last revised February 1, 2001 shows premises improved by nurseries, (a) pond In southerly part of premises, (b) dirt road and farm roads traveme premises, (c) chain link fence encloses extreme southerly portion of premises (sump area) with drainage easement which leads on to same. No encroachments shown. Company exceptS possible rights of others than the insured, in, to, and over the farm roads and dirt roads as shown on the survey herein as described in Schedule "A", but policy will insure that the use for Development RightS will not be disturbed by reason thereof and ~ha~ fee title remains in the insured. policy insert File No.: RH80003260 SCHEDULE A - DESCRTPTI'ON AMENDED 2/14/2001 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the easterly side of Depot Lane at the northwesterly corner of the premises herein described and the southwesterly corner of land now or formerly of Doroski; RUNNING THENCE North 50 degrees 06 minutes 40 seconds East along said land now or formerly of Doroski and later through other land of the party of the first part, 452.28 feet; THENCE North 39 degrees 19 minutes 00 seconds West again through said land of the party of the first part, 226.76 feet to land now or formerly of Sacred Heart Cemetery; THENCE along said land now or formerly of Sacred Heart Cemetery the following three (3) courses and distances: 1. North 49 degrees 52 minutes 30 seconds East, 437.04 feet; 2. North 40 degrees 07 minutes 30 seconds West, 130.00 feet; and 3. North 49 degrees 52 minutes 30 seconds East, 464.74 feet to land now or formerly of Scott; THENCE South 42 degrees 48 minutes 25 seconds East along said land now or formerly of Scott, 626.85 feet to a marble monument and land of Cutchogue Cemetery Association; THENCE South 46 degrees 45 minutes 20 seconds West along said land of Cutchogue Cemetery Association, 399.02 feet to a monument and lind now or formerly of Edson; THENCE South 46 degrees 57 minutes 20 seconds West along said land now or formerly of Edson 548.69 feet; THENCE South 41 degrees 57 minutes 30 seconds East still along said land now or formerly of Edson, 87.15 feet; THENCE South 44 degrees 38 minutes 50 seconds West, 139.09 feet to a monument and land now or formerly of Grattan; THENCE North 39 degrees 17 minutes 10 seconds West along said land now or formerly of Grattan, 94.00 feet to a monument; THENCE South 52 degrees 11 minutes 30 seconds West still along said last mentioned land, 309.60 feet to a monument and the easterly side of Depot Lane; THENCE North 39 de~rees 29 minutes 10 seconds West along said easterly side of Depot Lane, 314.28 feet to the point or place of BEGINNING. Fee Policy insert Common, File No,: RH80003260 STANDARD NEW YORK ENDORSEI4ENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POLI'CY NO. RH80003260 TSSUED BY COMMONWEALTH LAND TTTLE INSURANCE COI~IPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creatin; 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 the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: February 23, 2001 Issued at: Commonwealth Land Title Tnsurance Company 177 Old Country Road, PO Box 419 Riverhead, NY 11901 By ii Authorized Officer Standard New York Endorsement (9/:~/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) CONDITIONS AND STIPULATIONS (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 courl of competent jurisdiction and expressly reserves the right, in its sole discrelion. to appeal from any adverse judgment or order. Id) In all cases where this policy permds or requires the Company prosecute or provide for the defense of any action or proceeding, the insured shall secure lo the Company the right to so prosecute or provide defense in Ihe action or proceeding, and all appeals therein, and permit the Company ~o use. at ils option, the. name of the insured for this purpose Whenever requested by the Company, the insured, al the Company's expense, shall give the Company all reasonable aid (il in any acfion or proceeding, securing evidence, obtaining witnesses, prosecutmg or defending Ihe action or proceeding, or effecting settlement, and (ii) in any other lawfnl act which in the opinion of the Company may be necessary or desirable to eslablish the lille to the estate or interest as insured, If the Company is prejudiced by the failure of the insured to furnish Ihe required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecule, or conhnue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. 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 and sworn to by the insured claimant shall be 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 matte[ insured against by this policy which constitutes the basis of loss or damage and shah state~ lo the extent possible, the basis of calculating the amount of the loss 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 po]icy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company. all records, books, ledgers, checks~ correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage Further~ if requested b) any authorized representalive of the Company . the insured claimant shall grant its permission, in writing, for any authorized representative of Ihe Company Io examine , respect and copy all records, books, ledgers, checks, correspondence and nlemoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company. it is necessary in the administration of the claim. Failure of the insured claimant lo submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under Ibis policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (alTo Pay or Tender Payment of the Amount of Insurance To pay or tender payment of thc amount of insurance under this policy together with any costs, attorneys~ fees and expenses incurred by the insured claimanL which were authorized by thc Company. up to lime of paymant or tender of payment and which Ihe Company is obliga- ted to pay. Upon, the exercise by the Company of this option, all liability and obligations It) the insured under this policy~ other than to make the payment required~ shall lerminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation· (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (il to pay or olherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by Ibc insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle wilh the insured claimanl the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon Ihe exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other Ihan the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover 1. DEFINITION OF TERMS. The following terms when used in this policy mean: la) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had agains! the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, nexl of kin, or corporate or fiduciary successors. (b) "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 matters affecting the land. Id) "land": the land described or referred to m Schedule A, and ~mprovements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any righi , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the exlent to which a right of access to and from the land is insured by this policy. (el "mortgage": mortgage, deed of trust, trust deed, or other security (0 -public records": records established under state statules at Date of Policy for thc purpose of Imparting constructive notice of matters relaling to real property to purchasers for' value and without knowledge. With respect to Section I(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 district court for the district in which the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title Io the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation 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 Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebledness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenanls of warranty made by the insured in any transfer or conveyance of the estate or inlerest This policy shall not continue in force in favor of any purchaser from Ihe insured of either (il an estate or inleresl in the ]and, or {ii} an indebtedness secured by a purchase money mortgage given to the insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify thc Company promptly ill wrdmg ti) in case of any litigation as set forth in Seclion 4(al below, (ii) in case knowledge shall come Io an insured hereunder of any claim of litle or ~ntcrcst ~hich is adverse to the title to the eslate or interesl, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if lille ~o the estate or interest, as insured, is rejected as unmarketable. If prompl notice shall not be given to the Company, then as to the insured all liability of the Company shall ~erminate with regard to the mailer or matters for which prompl not.ce is required; provided, however, Iha1 failure to notify the Company shall ~n no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only ~o the extenl of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (al Upon writlen request by the insured and subject to the options conlained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any Ihird party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees, costs or expenses incurred by the insured in the defense of Ihose causes of aclion which allege matters not insured against by this policy. ~ (b) The Company shall have Ibc right, al its own cost, to Institute and prosecute any action or proceeding or to do any olher act which in its opinion may be necessary or desirable to establish Ihe title to the estate or interest, as insured, or to prevenl or reduce loss or damage to the insured· The Company may take any appropriate action under the terms of this policy, whether or nol it shall be liable hereunder, and shall nol thereby concede liability or waive any prowsion of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (al The liability of the Company under this policy shall not exceed the least of: (il the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of lhe insured estate or interest as insured and the value of the insured estate or interest subject to lhe defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 ~eorCent over the Amount of Insurance stated in Schedule A, then this bey is subject to the following: (il where no subsequent improvement has been made, as 1o any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value' of Ihe insured estate or interest at Date of Policy; or (ii) where a subsequent imprpvement has been made, as to any partial loss, the Company shall only pay the loss pro rata 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 for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under 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 in Schedule A. (c) The Company will pay only those costs, attorneys~ 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 two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance ~nder this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improve~nents made subsequent to Date of Policy, unless a'liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this po]icy and shown by an express statement or by an endorsement attached to Ihis policy. 9, LIMITATION OF LIABILITY. (al If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or fi'om the land, or cures the claim of unmarketability of tit]e, all as insured, in a reasonably diligent manner by any method, including litigation and Iht completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage Io any insured for liability voluntarily assumed by the insured in settling any claim or suil without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pr{> tanto. 11. LIABlUTY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by an5, amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on thc estate or intmest &scribed or referred to m Schedule A, and the amount so paid shall be deenled a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (al No payment shall be made without producing this policy for endorsemcm of the payment unless Ihe policy has been Iosl m deslroyed, in which case proof of loss or destruclion shall be fmnished lo the sa[isfaclion of lhe Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) ~ CONDITIONS AND STIPULATIONS (Continued) (b) 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 PAYMENT OR SETTLEMENT. (al The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subro[lation shall vest in the Company unaffected by any act of the insured clmmant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this poticy not been issued. If requested by the Company, lhe insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall i~ermit the Company to sue, compromise or settle in the name of Ibe ~nsured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only 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 righl of subrogation. (b) The Company's Rights Against Non-insured Obligors. 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 Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Comp.any in connection .with its issuance or the breach of a policy provts~on or o her obhga ~on. All arb~ ruble mat ers when the Amount of Insurance is $1,000,000 or less shall be arbilrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under th~ Rules in effeel on the date Ihe demand for arbitration is made or, at the option of the insure& the Rules in effect at Date of Policy shall be binding upon the parties The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (al This policy together with all endorsements, if any~ attached 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~ ' (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the e~tate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement Io this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicabte law, the policy shall be deemed nol Io include that provi- sion and all other provisions shall remain in full force and effecl 17. NOTICES, WHERE SENT. All notices required to be given the Company attd any statement itl writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, EO Box 27567, Richmond, Virginia 23261-7567. Form 1190-3 Cover Page Valid Only If Face Page, Schedules A and B Are Attached NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 BUFFALO Cathedral Park Tower 37 Franklin Street, Ste 100 Buffalo, New York 14202 (716) 853-6800 GARDEN CITY 1325 Franklin Avenue, Suite 160A Garden City, New York 11530-1631 (516) 742-7474 NEW CITY 17 Squadron Boulevard, Suite 302 New City, New york, 10956 (845) 634-7070 ISLANDIA 1777-6 Veterans Memorial Highway Islandia, New York 11722 (631) 232-3503 RIVERHEAD 177 Old Country Road Riverhead, New York 11901 (831) 727-7760 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-0002 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10-17-92) AMERICAN IA~D Trrt~ ASSOCI~ON COMMO~VEALT~ IAm) Trr~ INSUP.~CE COMP~'4Y Commonwealth Title Insurance Since 1876 Ho~a£ Omc£: 101 Gateway Centre Parkwa},, Gate~ay One Richmond, Virgfnia 23235-5153 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land 'title Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 B 1190-3 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS We are the owners of 15.774 acres of active farmland and/or -0- acres of non- farmland, situated at Suffolk County Tax Map No. 1000-102-2-2.3, which is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, we hereby waive our rights to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN OF SOUTHOLD By: J~an W. Cochran, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowners Joe Jenkins (~- ' ' STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 12th day of February, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. NOTARY PUBLIC, Stste of New York No. 02HA4927029 Qualified in Suffolk County z~)7~ STATE OF NEW YORK ) Commission Expires Mar~ 21,20 ~ COUNTY OF SUFFOLK ) _ / On the ~day of February, 2001, before me personally appeared ROBERT JENKINS and JOAN JENKINS, personally known to me or provided to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity as owners of the subject premises, and that by their signatures on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument. KAREN J, HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 ~ualffied In Suffolk County ~:Xlrlraission Exl3ires Mar(3h 21, S:~Attorney\GREG\MELANIE\ag&mkts waiver. DOC P R O P E R T Y R E C O R D S / / / / / ~:t ~ile Vie~ Toolbar Holt Jenkins. Robert RollYear: ~';~ Curt Yr Land rights ,: LandAV: 2.0!]0 2800 Depot Ln Lsnd Size: 16.06 acles ; TotalAV: 2.000 O~er To~al: 2 ~ ~ Ta~ablb~alue: :: :;: Mince aneou~ Nam~ Bo~e~t Jenkns E¢.mt~: 100 B6¢~: 12538 ~dd Add~ - ~tin, 100 pa~e. 566 ' Double click to open a windo~x, /:,:~._/~.,~ :..:,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD ~ --/' DWNER STREET - ', .... ~ , VILLAGE DIST. SUB. FORMER OWNER N / E S W TYPE OF BUILDING ES. ,/ 2 ~ S~S. VL FAR COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS .... ~o .77 ~o ¢~o~ ,>~/'~ f,,,~: {s~:,:.~2s~)~.~o~., ~.~., ~ / ,:~ · AGE BUILDING CONDITION ~/11~ N~ NORMAL BELOW ABOVE FARM Acre Value Per Value 'illable I /~ > ~ ~) 'illahle 2 'illable 3 Voodland ,wampland FRONTAGE ON WATER ;rushland FRONTAGE ON ROAD DEPTH louse Plot / / ~ (' O ,' ~ o BULKH~D 'oral .~ Z o 0 DOCK Bldg. , ~ I Foundation i ' ' Bath ,]".. Dinette tension jb, , , _ , , ~ ~ ,/,?/ ~,Basement }: ~, ~'i Floors ~, K. tensionJ Ext. Walls .' ~'< ,~ ~-?:' Interior Finish . ',. LR. tension ! Fire Ploce 'x Heot DR.  'ype Roof Rooms 1st Floor BR. rch ~,ecreation Room Rooms 2nd Floor FIN. B. rch ; ~/ : ,j [Dormer reezeway Driveway )roi ~ ~/~ ~ , ; D R A I N A G E E A S E M E N T TI-IL5 INDF.2ffURE, made thc c~ ~ ~ day oi June , nineteen hundred and seventy-six. BETW~F~I STE~ J. DOROSKI, residing at (no number) North Country.Road, Southold, New York, party ol the first part. and TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having an office at I$ South Street, Greenport. New York, WITNE.~ETH, that the party of the Srtt part, in consideration el Ten Dollars and o.~ .e r ~raluah. le co~s!.de~ti~n A right-of-way or easement to lay, maintain, use, repah' or remove pipelines or other drainage facilities for highway drainage purposes, over, through, ALL that certain plot, piece or parcel of la.nd, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the easterly line of Depot Lane at the north- westerly corner of land conveyed by the party of the first part to Joseph Lizewski; running thence the following seven courses, to wit: (1) North 53 degrees 18 minutes 40 seconds East 309, 67 feet; thence (2) North 48 degrees 41 minutes 20 seconds EaSt 134.26 feet; thence (3) South 39 degrees 44 minutes East 87.0 feet; thence (4) South 45 degrees 46 minutes 00 seconds Welt 137.10 feet; thence (5) North 38 degrees 13 minutes 30 seconds West 84.11 feet; thence (6) South 53 degrees 18 minutes 40 seconds West 309.67 feet; thence (7) -North 38 degrees 13 minutes 30 seconds West 10.0 feet to the point or beginning. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereo[; TOGETHER with the ~ppurtermnces and all the estate mad rights of the party of the first part in and to said premises; TO HAVE AND TO AND the party of the first part covenants that the party ed the Sirst part lms not done or suffered anything whereby the said premises have been encumbered ia any way wlratever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants th~ the party o[ ihe first part will receive the eonsideratlon for this conveyance ~nd will hold the Hght to receive such consid- eration as · trust ~und to be applied first for the Imrlx~e of paying the cost of the improvement ~d will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other ,,purpos,,e. The word party shall be construed as if it read "parties" whenever the sense of this indenture so requke, s. IN wrrN1L~ WltEREOF~ the party of the first part has duly executed this deed the day and year first above written. Steve J. Doroski STE~ J. DOROSKI Notary On the d~y of 19 ' , before me personally came l to me known, who, being~by me duly s~orn, did depose and say that he resides arno. that he is the of , the corporation desc~bed in and which executed the foregoing instrument; thet he knows the seal oi said corporation; that the sea~ afl.ed STEVE $. DOROSKI TOWN OF SOUTHOLD On the d~y ol 19 , be{ore me ~ersonally came to me known to be the indivldu~l described in and who executed the foregoing instrument, ~nd acknowledged that O~ the dzy of 19 , before me personally came the subscribing wlbxess to the foregoing instrument, with whom I am person~Ily acquainted, who, being by me duly sworn, did depose aad say that he resides at No. that he heow$ to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw exeo~te the ume: and that he, said witness, t.t,~,~ s~ne tlm., ~ubsctibed h ~m~ . witness thereto. THE TITLE GU~R~YTEE CO~IP~rY Robert W. Tasker, Esq. 425 Mai~ Street Greenport, New York 11944 O'FTO'W. VAN TUYL EDDERIC:K VAN TUYL, P.C. FRONT STREET AT MAIN OREENPORT. NEW YORK 11944 PHONE 4774)170 ~y 26, 1976 DESCRIPTION: Steve Doroski to the To~m of Southold. Drainage Easement, East side Depot Lane 0utchogue. Begfnni~at a at the northwesterly £irst part to Joseph 8~VS~ O01.Lrses~ (1) u. 53° ~8~ (2) N. 480 41' (3) s. 390 44' (4) s. 45° 46' (5) N. ~8° 13' (6) S. 53° lS' (?) N. 38° 13' monument on the easterly line of Depot Lsme corner of land conveyed by the party of the Lizewski; r~ng thence the following 40" E. - 309.67 feet; thence 20" E. - 134.26 feet; thence E. - 87,0 feet; thence 00" Wo - 137.10 feet; thence 30" W. - 84.11 feet; thence 40" W. - 309.67 feet; thence 30" W. - 10.0 feet to the point of be- RODERIOK VAN Tt~, P.O. RVT/mg To: Mr. Raymond Dean Highway Department Peconic, New York ~4occo~' lVI A.o OF' PART OF PROPERTY' $ClmV£YFCO F'OIZ CU~C~O~UE, N. Y; .1 SCALE: ,~'0'--I" A E R I A L S 2800 Depot Lane; Cutch°gue 2001 Aerial JENKINS Property 2800 Depot Lane, Cutchogue 16.0577 acres development rights easement S U R V E Y AREA - ~=N~NUNENT ®=PI?£ &=ST~K£ ~=N~NUN£NT 17.8942 TB .BE SET S UR VEY AT TO SUFFOLK 100 OF CUTCHOCUE OF SO UTHOLD COUNTY , 1000-102-02-2.3 0 I00 P. O0 PROPERTY 300 N.Y. LONG ISLAND RAIL ROAD SACRE~ HEART CEHETERY ROMAN CATHDLIC CHURCH DF UUR LADY DF DSTRABRAHA /RESERVED PARCEL AREA=l.8366 ACRES OR 80, OOOS, F. N 49'58'30' E 890.00' S Se*Il'30. iv N/O/F GRATTAN N/O/F GRATTAN // 46'57'B0' tV ~DRAINAGE EASEHENT TGivN DF S~UTHDLD AREA=IS,359 &F, DR 02837 ACRES N/D/F EDSBN L N U R N 49'5~.'30~' E 464,74' N U R $ E R Y CUTCHDGUE CEHETERY AESDC~AT]DN Scale; 1' = jO0' DEC. 20, 2000 JAN. 22, 2001 (DEVELOPMENT ,RIGHTS) Feb. I, -POOl (rev/dons) FINAL SURVEY CERTIFIED THE TOVN OF S~DUTHEJLD COMMONWEALTH LAND TITLE INSURANCE COMPANY ACRES ANY ALTERATION OR ADDITION TD THIS SURVtEY IS A VIOLATION OF SECTION 7209 DF THE NEW YORK STATE EDUCATION EXCEPT AS PER SECTION 7209-SUBDIVISIGN P, ' ALL CERTIFICATIONS, HEI~EDN ARE VALID FOR THiS HAP AND COPIES THEREOF ONLY IF SAID H~P DR CDPIES BEAR THE INPRESSED SISAL DF THE SURVEYDR N,Y,S, LIC, ND, /EY~RS, P,C, ~0£0 FAX (63L~ Pr D, 909 1230 TRAVELER STREET SOUTHDLD~ NY, 11971 49618 765-1797 00-£7#