Loading...
HomeMy WebLinkAboutJ&C Holdings LP (Forestbrook aka Hogs Neck I) 1000-79-2-7.7 (f/k/a 1000-79,2,p/o 7) Baseline Documentation premiSes: 5250 North Bayview Road Southold, New York 25.7522 acres Open Space Acquisition J & C HOLDINGS, LP to TOWN OF SOUTHOLD Deed dated June 17, 2004 Recorded July 2, 2004 Suffolk County Clerk - Liber D00012328, Page 610 SCTM #: Premises: 1000-79-2-7.2 (f/k/a 1000-79-2-p/o 7) 5250 North Bayview Rd Hamlet: Southold Purchase Price: Funding: $948,031.60 (24.9482 buildable acres ~ $38,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 25.7522 acres (includes 0.315 acre right- of-way and 0.489 acre wetlands) Zoned: A-C Existing Improvements: In June 2004 - framed barn DESCRIPTION LAND The subject is a parcel of land having an area of 28.30+ acres. It is part of a larger parcel which has an irregular shape with 1,259+' of frontage along the northerly side of North Bayview Road. It has an irregular westerly border which runs a total distance of 2,035+', a northerly border of 273±', and an irregular easterly border running a total distance of 1,998±'. There is a 1.70± acre out-parcel" located near the property's northerly portion which is improved with a residence and accessed via a right ofw~y easement. The / subject is a 28.30± acre portion of the above described property. The appraisers have not / been furnished a survey depicting the actual appraised portion but have been instructed that it will consist Of the above described property less 9.00± acres at the southeasterly corner. The above dimensions are taken from the last deed of record and the Suffolk County Tax Map, Utilities (electric and telephone) are available along the property's road frontage. North. BaY~_.i~_w Rg~d is a .two way_two lane, publicly maint~[~_e_cl.._magadam paved road_._ Public water is not available to the subject. ** An out-parcel is a separate parcel of land located within the boundaries of another property. .GIVEN DESCRIPTION (CONTINUED) LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a gently rolling topography and is mostly wooded. It is situated at or near grade with the abutting mad and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties. IMPROVEMENTS The subject is vacant land. PRESENT USE AND occUpANCY The subject is presently vacant. .GIVEN A P P R A I S A L R E Q U E S T LAND pRESERVATION COMMITTEE MEETING TUESDAY~ APRIL Iv 2003 AT 7:30 P.M. MENUTES Present were: Ray Blum, John Sepenoski, Bill Edwards, Eric Keil, Melissa Spiro, Scott Hu~hes and_Tom Wickham. ,M~liasa di~ the goamas sad Forest~ook al~licatioas~with Ii~ Commit~. They are ready to do a conservation easement' in the North Bayview'Road/lacobs Lane area of Southold. Melissa will order aa appraisal on these pieces. P R 0 P E R T Y V I S U A L S 35 ! ! Tax. Map Location '1 74 I I I I I I I I I I I ! SUBJECT PHOTOGRAPHS View of Subject - Facing Northerly View of Subject ~ Facing Southerly Year 2003 ~G-~VEN TM iI I I I I I I I I I I ! ! SUBJECT PHOTOGRAPHS View Easterly Along North Bayview Road View Westerly Along North Bayview Road Year 2003 ~G~VF, N 73 TOWN OF' . A--C sOUTHOLD Zoning Map ] 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 J & C Holdings Property I I I 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 Commemial 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. I I I I I I I I I The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 37.3-acre parcel of vacant land. The property is approximately 226 feet west of Jacobs Lane. The property is more particularly described as Suffolk County Tax Map # 1000-079-02-p/o 7. The subject property is vacant undeveloped land. Several dirt paths/trails were observed traversing the southeastern portion of the subject property where the vegetation was primarily grasses, brush and small trees. An out-parcel, described as Suffolk County Tax Map # 1000-079- 02-6, is located in the north-central portion of the property and is currently accessed via a 20 foot wide right-of-way extending westward from North Bayview Road. A small frame shed and debris associated with this out-parcel appeared to be located on the subject property. A large amount of debris was observed in the areas of the site traversed by paths including, rusted vehicle parts, numerous tires, an old, cracked vehicle battery, metal piping, a rusted gasoline container, lumber, discarded furniture, plastic and glass bottles, plastic containers and cans. All containers and parts were empty and no liquid, contaminated or hazardous waste or suspect regulated material was observed. No areas of staining, residue or stressed vegetation were observed. A small portion of NYSDEC designated freshwater wetland SO-38 is located at the northwest comer of the site. An area of 'unmapped' wetlands is located near the west-central property boundary in the center of the site. The National Wetland Inventory prepared by the US Fish and Wildlife Service depicts both of these wetlands. The 'unmapped' wetland area contained surface water at the time of the site inspection and is characterized by steep slopes with nearly no outlying fringe of freshwater wetland vegetation. The Suffolk County Soil Survey (Warner, 1975) depicts the presence of a 'wet spot' and an 'unclassified intermittent stream' on the subject property. The intermittent stream extends from the western portion of the site northward to Goose Creek and the 'wet spot' is located along the northwestern property boundary (reflecting the northern most wetland). Several areas of steep slopes in excess of 15% exist in small areas of the site, particularly in the center of the site near the western property boundary, with an additional area near the eastern property boundary adjacent to North Road To Bayview. Steep slopes also exist adjacent to the I J & C Holdings Property, Southold Phase I ESA I I I I I I I south side of the freshwater wetland in the northern portion of the site and adjacent to the ponded area south of this feature. No Sanborn map coverage was available for the subject property. Historic aerial photographs from 1969, 1976, 1980 and 1994 were reviewed in order to deterrmne past uses of the property. In the review of a 1938 aerial photograph, most of the southern portion of the subject property was farmed and the remainder of the property was cleared. In the 1969 and 1976 aerial photographs, the southeastern portion of the property was farmed and the majority of the remaining property was cleared. In addition, paths leading to the out parcel and the southwestern portion of the property were visible north and west of the farmed area. In the 1980 and 1994 aerials farming operations had ceased and revegetation was apparent. Successional growth was also visible in the other previously cleared areas. The USGS Southold Quadrangle maps dated 1956 depicted the subject property as undeveloped land. An extensive government records search found no potential sources of environmental degradation on the subject property. Four (4) State documented regulated sites were noted in the vicinity of the subject property. Specifically, two (2) closed spill and two (2) LUST incidents located within one-half (0.5) mile of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, the following recommendations are provided: 1. Debris observed on the property should be removed and properly disposed of. If the property is to be used for residential purposes in the future, soil samples should be collected from the portion of the property that was formerly used for agricultural purposes and analyzed for the presence of pesticides and metals. I I I I I Page 2 of 27 J & C Holdings LP p.o. Box '1925 Southotd, New York it971 IIq?l- o~57 Fort ~f,6.~o~/~ ~ /3Ayv /ts~ A/~.t-..5o~/PoP~ -~ uo°t~HtS /70. 774~ 37. 3 ,4c,,td' 0-.4 c /.Iou~/~,s t,ao ~exry /4~,s b*~ /l~.move~D. CoPY; AI3/&~,tc A, w/c/c#A~ I~AY 21 2004 DEPT OF LAND PRESERVATION J & C Holdings Property, Southold FIGURE 1 Phase I ESA LOCATION_ MAP_ Scale: Not to Scale ! I I I I I I I I I I I I I ! ! FIGURE 2 SITE MAP Sou~cc: ND'SG S Ortt o m~ ge~5 Program, 2061 Scale: 1' = 300' J & C Holdings Property, Soufht}id Phase I ESA Source: Suffolk Counly Depamr, ent ofHcallt', Scn'iccs WAIcr Tablc Map, 1999 Scale: 1" = 8,000' NORTH OVERVIEW MAP - 1035419.5s - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property · Coal Gasificakion Sites ~ National Priority LiSt Sites I [] Landfill Sites ~7~ Dept. Defense Sites · I CITY/STATE/ZIP: · I LAT/LONG: Oil & Gas pipelines 100-year flood zone 50g-year flood zone Federal Wetlands 1/4 1/2 m CUSTOMER: Nelson, Pope & Voorhi$ LLC CONTACT: Marissa Da Breo Soutnotd i',lY 11971 INQUIRY #: 1035419.55 41.0449 t 72.4062 DATE: August 25, 2003 12:00 pm DETAIL MAP - 1035419.5s - Nelson, Pope & Voorhis LLC I ~ I '%. ~ Target ProPerty Sites at devations higher than or equal to the target properb/ A Coal Gasific¢~on Sites ,'~e nsitive ~eceptors L~ Na.t~on,~t Priority l Jet Sites Landfill S~tes Dept. Defense Sites TARGET PROPERTY: ADDRESS: C[TY/STATEIZIP: LAT/LONG: Southold NY 11971 41,0449 172.4062 ~ 100-year freed zone / 500-year flood zone CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 1035419.5s DATE: August 25, 2003 12:00 pm PHYSICAL SETTING SOURCE MAP - 1035419.5s County Boundary Me.]or Roads Esrthquske epicenter, Richter 5 or greater TARGETPROPERTY: ADDRESS: CITY/STATE~IP: LAT/LONG: Southold NY 11971 0449172.4062 Groundwater Flow Direction CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 1035419.5s August 25, 2003 12:00pm 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 666 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7, 2003: RESOLVED that pursuant to the provisions of Chapter 59 (Open Space Preservation) and Chapter 6 (2% Community Preset ration Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ October 21~ 2003~ at 5:30 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 portion of the property owned by Mary Grace Dougherty and Others, which is under contract to Forestbrook Builders, Inc. Forestbrook Builders, Inc., is the Purchaser and Assignor to J&C Hol¢ings, LP. The property is identified as part of SCTM #1000-79-2-7 and is known as 5250 Norti~ Bayveiw Road. The property is located on the north side of North Bayview Road, approximately 226.76 west of the intersection of North Bayveiw Road with Jacobs Lane, in Southold. The proposed acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel. The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5-20.15). The proposal includes the Town purchasing the 25.75 acres of the parcel known as J&C Holdings for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING 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 thc Town of Southold hereby sets Tuesday, October 21~ 2003, at 5:30 p.m.~ Southold Town Hall~ 53095 Main Road~ Sonthold~ New York as the time and place for a public hearinl~ for the purchase of a portion of the property owned by Mary Grace Dougherty and Others, which is under contract to Forestbrook Builders, Inc. Forestbrook Builders, Inc., is the Purchaser and Assignor to J&C Holdings, LP. The property is identified as part of SCTM #1000-79-2-7 and is known as 5250 North Bayveiw Road. The property is located on the north side of North Bayview Road, approximately 226.76 west of the intersection of North Bayveiw Road with Jacobs Lane, in Southold. The proposed acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel. The purchase price is $38,000 (thirty- eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5-20.15). The proposal includes the Town purchasing the 25.75 acres of the parcel known as J&C Holdings for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is 6n file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: October 7, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON OCTOBER 16~ 2003~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Forestbrook Builders, Inc SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2003 5:30 P.M. [tF, ARING ON THE PIJRCHASE OF A PORTION OF THE PROPERTY OF DOUGItERTY AND OTHERS, SCTM #1000-79-2-7. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory F. Yakaboski 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, October 21, 2003~ at 5:30 p.m. Southold Town Hall, 53095 Main Road, Southold, New York as the time and place ior a public hearing for the purchase of a portion of the property owned by Mary Grace Douvlierty and Others, which is under contract to Forestbrook Builders, Inc. Forestbrook Builders, In.z, is the Purchaser and Assignor to J&C Holdings, LP. The property is identified as part of SCTM//1000-79-2- 7 and is known as 5250 North Bayview Road. The property is located on the north side of North Bayview Road, approximately 226.76 west of the intersection of North Bayview Road with Jacobs Lane, in Southold. The proposed acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel. The purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee. The landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5- 20.15). The proposal includes the Town purchasing the 25.75 acres of the parcel known as J&C Holdings for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. Six (6) residential lots are proposed on the remaining approximately 12 acres of the parcel known as J&C Holdings. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space purposes. The purpose of the purchase is for open space and recreational (trail) purposes. Proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. October 21, 2003 Public Hearing-Dougherty property 2 FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Advertised in our local Traveler-Watchman newspaper and it has appeared on the bulletin board outside. SUPERVISOR HORTON: Is that it? Thank you, Councilman Wickham. Thank you, Town Clerk. Anybody from the public care to address the Town Board on this public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: I don't want to repeat everything that Councilman Wickham said, so I think I will just point to the map and explain a couple of things so that everyone understands what is going on. There are two parcels, this one is Forestbrook, we are calling it J-C Holding as the owner, until the contract has been signed to John Hurtado. This parcel down the road is also owned by John Hurtado and what he is doing is linking these two parcels together for preservation and development component. The development component is over here. The J-C Holding parcel, the rest of this will be preserved and all of this piece over here will be preserved. Both preservation components are fee title acquisitions. The total land area to be purchased by the Town is approximately 41.79 acres. This breaks down to approximately 25.75 acres on the J&C Holding parcel and approximately 16.04 acres on the Hurtado parcel. Both properties are located within the Agricultural-Conservation Zoning District, otherwise known as A-C. Both properties are on our Community Preservation Plan as property that should be preserved and the purchases will be funded by the Community Preservation Fund. As most of you know, both of these properties were before the Planning Board for full density subdivisions. The Planning Board was undergoing the environmental review of these projects and several others in the vicinity, when the Town Board adopted the subdivision moratorium. The landowner will be able to go before the Planning Board for the proposed subdivision on the J&C Holding parcel once the Town Board passes a resolution to proceed with the preservation purchases and the contracts are signed by the Supervisor. It is likely that the preservation purchases will not close until final approval for the limited development is obtained from the Planning Board, but the town is prepared to close sooner should the landowner wish to do so. Between the two parcels there is another combined preservation/limited development project known as Zoumas. This project is under contract for the preservation component, and is undergoing review by the Planning Board for the development component. As I noted, the town will be acquiring the fee title to the land. There are some existing trails on the properties, and the intent is to maintain and establish a passive recreational trail system, and to eventually link the trails to other preserved properties. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The purchase price is $38,000 per acre, and is the same for both projects. The purchase price is supported by appraisals for each property. Both the Land Preservation Committee and I recommend that the Town Board proceed with these acquisitions. Thanks. SUPERVISOR HORTON: Thank you very much. And again, exc~Ilent jolt. Not only on working on this but as far as the presentation as well. Would anyone else care to address the Board on this public heating? October 21, 2003 3 Public Hearing-Dougherty property ABIGAIL WlCKHAM: Good evening, my name is Abigail Wickham for J and C Holdings and I thank the Board for interrupting its important agenda to consider this, which is also an important part of your open space. I would like the Town Clerk to incorporate my comments from the public record on the moratorium into this heating so I don't have to repeat them and I would like to just emphasize that this is a concerted effort of two properties, the property under consideration at this hearing and what I presume will be the next hearing. The contracts will specifically provide that the Town does not have to buy one parcel, if they cannot for some reason buy both nor will the purchaser be required to sell one if the Town decides not to buy the other. They are completely contingent and the limited subdivision component of the larger piece is also part of the contract. Everything will have to be in place before the Town closes, so I ask that you approve this resolution. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments from the floor on this public hearing? (No response) Comments f~om the Board? (No response) We will close this public heating. Southold Town Board S E R E S 0 L U T I 0 N ELIZABETH A. NEVILI,F, TOWN CLERK REGISTHAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFOI~SATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 686 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: WHEREAS, the Town Board of the Town of Southold wishes to purchase approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel identified as SCTM# 1000-79-2- 7, at the purchase price of $38,000 (thirty-eight thousand dollars) per acre, pursRant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold; and WltEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited park'mg for access purposes; and / WHEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; be it therefore 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 fimher RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVIIJ,E TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 715 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2003: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of fee title acquisition of a portion of the property owned by Mary Grace Dougherty and Others (the property is under contract to Forestbrook Builders, Inc. Forestbrook Builders, Inc., is the Purchaser and Assignor to J&C Holdings, LP) on the 21st day of October 2003, pursuant to the provisions of Chapter 6 (Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of S CTM #1000-79-2-7 and is known as 5250 North Bayveiw Road. The property is located on the north side of North Bayview Road, approximately 226.76 feet west of the intersection of North Bayveiw Road and Jacobs Lane, in Southold; and WHEREAS, the proposed fee title acquisition is for approximately 25.75 acres (subject to survey) of the approximately 37.75 acre parcel; and WHEREAS, the landowner has voluntarily linked the preservation/development components of the J&C Holdings application with a separate and distinct parcel owned by John Hurtado and Others (SCTM# 1000-79-5-20.15); and WHEREAS, the proposal includes the Town purchasing the 25.75 acres of the J&C Holdings parcel for open space purposes, and the Town purchasing the entire parcel (approximately 16.04 acres) known as John Hurtado and Others for open space purposes. A six (6) lot residential major subdivision is proposed on the remaining, approximately 12 acres of the parcel known as J&C Holdings; and WHEREAS, on October 7, 2003, the Town Board granted a waiver from the provisions of Local Law #3 of 2002 (and extended by Local Law #3 of 2003 and Local Law 13 of 2003) entitled "Temporary Moratorittm on the Processing, Review of, and making Decisions on applications for Major Subdivisions, Minor subdivisions and Special Exception Use Permits and Site Plans containing Dwelling Unit(s) in the Town of Southold" and granted the landowner permission to continue with the major subdivision application before the Planning Board, subject to the condition that the terms and conditions set forth in the application to the Town Board, specifically that the applicant enter into a contract of sale with the Town of Southold to preserve 100% of the parcel known as SCTM# 1000-79-5-20.15 and 68.2% of the parcel known as SCTM# 1000-79-2-7; and WHEREAS, the property is listed on the Town"J Community Preservation Project Plan as property that should be preserved for open space purposes; and WHEREAS, the proposed use of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes; and WHEREAS, the purchase price is $38,000 (thirty-eight thousand dollars) per buildable acre and the exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee; and 0 WltEREAS, the acquisition is pursuant to the provisions of Chapter 6 (2 Yo Community Preservation Fund) and Chapter 59 (Open Space Preservation) of the Town Code and is funded pursuant to the provisions of Chapter 6; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the subject property for open space and recreational (trail) purposes; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase approYimately 25.75 acres (subiect to survey) of the approximately 37.75 acre parcel identified as SCTM# 1000-79-2-7 at the purchase price of $38~000 (thirty-eight thousand dollars) per acre~ pursuant to the provisions of Chapters 6 and 59 of the Code of the Town of Southold. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T' CLOSING STATEMENT J&C HOLDINGS, LP to TOWN OF SOUTHOLD Open Space - 25.7522 total open space acres 0.4890 wetlands acreage 0.3150 right of way acreage 24.9482 buildable acres @ $38,000/acre Premises: 5250 North Bayview, Road, Southold, NY SCTM #1000-79-2-plo 7 Purchase Price of $ 948,031.60 disbursed as follows: Payable to J&C Holdings, LP Check #76933* $ 948,031.60 Expenses of Closing: 2003-04 Property Tax Reimbursement Payable to J&C Holdings, LP 167 days @ $17.41/day Check #76933* $ 2,9O7.47 Appraisal Payable to Patrick A. Given Associates Check #71934 $ 1,900.00 Survey Young & Young Reimbursed to J&C Holdings, LP Check #76933* $ 1,200.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #74929 $ 1,100.00 *all disbursements included in one check Title Report Payable to Chicago Title Insurance Company Check #76931 Fee insurance Recording deed $ 4307.00 $ 150.00 $ 4,457.00 Title Closer Attendance Fee Karen Hagen, Esq. Check #76932 $ 75.00 Closing took place o~ Thursday, June 17, 2004 at 11:30 a.m., Southold Town Hall Those present at Closing: Joshua Y. Horton / Lisa Clare Kombrink, Esq. John L. Hurtado, Sr. Christine Hurtado John L. Hurtado, Jr. Abigail A. Wickham, Esq. Karen Hagen, Esq. Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller Seller (J&C Holdings, LP) Seller Attorney for Seller Title Company Closer Land Preservation Administrative Asst VENDOR 009909 J & C HOLDINGS, LP 06/17/2004 CHECK 76933 H3 .8660.2.600.100 H3 .8660.2.600.100 H3 .8660.2.600.100 P.O.~ INVOICE 061704 061704 061704 DESCRIPTION AMOUNT OPEN SPACE-24.948 948,031.60 2003-04 PROP TAX RE 2,907.47 REIMB-YOUNG & YOUNG 1,200.00 TOTAL 952,139.07 TNWkl NF ,qNIITHOi f] · SOUTHOLD. NY 11971~]959 G I':V E N PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 April 30, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road ', Southold, N.Y. 11971 Property of Forestbrook Builders, Inc., S.C.T.M. #1000-79:~2-7 Located Northerly side of North Bayview Road, Southold, N'Y File# 2003182 $1,900,00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ......................... Use Acti 12/03/2002 12/03/2002 H3 .600 12/03/2002 12/03/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 1/07/2003 1/07/2003 H3 .600 1/07/2003 1/07/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/25/2003 3/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 5/20/2003 5/20/2003 H3 .6DB 6/03/2003 6/03/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 7/08/2003 7/08/2003 H3 .600 ........................- Use Acti Select Record(s) or Uae Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-06032003-630 Line: 100 Formula: D : Account.. H3 .600 . : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 6/0]/2003 SDT 6/02/03 : Trx Amount... 1,900.00 : Description~. APPRAISAL-FORES?BROeK : Vendor Code.. 007416 : Vendor Name.. GIVEN, SRPA/PA?RICK A. : Alt Vnd.. : CHECK ........ 71934 SCNB : Invoice Code. 2003182 : VOUCHER ...... : P.O. Code .... 10646 : Project Code. : Final Payment F Liquid. 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 6/0]/2003 : Date Cleared. 6/30/2003 : F3=Exit F12=Cancel F21=Image : 0B/10/2004 00:53 B31-287-37S0 LISA CLARE KOMBRINK FAGE 02 YOUNG & YOUNG 400 Ostr~ntt. r A~e~u~ Riuor&~d, New }'orb 11901 Invoice Date: 01/16/04 Invoice No. ~ 2Z014 Survey No. : 2003-00510 8urv,y For= ~OUTEOLD, TOWN OF (PORM~RS¥ POR~STBROOK AT BAYVZEWI Tebpho., 631.727.~303 ;~aeti,r, ilt 631-727-0J 44 Bill To: 942759 MR. JO~LN L, R~3RTAD¢, P.O. BOX SOUTMOLD, NY 11~7~ ............................. LOCATION ............................. Hamle~ ~ SAYVIEW TOw~%: $OUT~{DLD Lo= ~: PRECAUTION OF TiT~E $~vEY FOR TO~ OF SOUl,OLD 1,200.00 ~T~: 1,200.0O Please refer to lnvctc~ or g~rvey number on remittance NeLson, Pope & Voorhis, LLC '572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 01218 Project: J&C Holidings Property Manager: Voorhis, Charles VA0137'3 To: Town of Southold Town Hall, 53095 State Rte 25 P,O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Invoice #: 2186 Invoice Date: December 30, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,100.00 Contract Item #1: Prepare Phase l Environmental Site Assessment Work Performed: 11/20 thru 12/14/03 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *¢* Total Proj¥ct Invoice Amount / GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account .... Use Acti mmmmmm mmmm wmmm~mmmmmm ,Y. 1/20/20fl4 1/20/2004 Ha .600 1/20/2004 1/20/2004 A .600 1/20/2004 1/20/2004 A .60fl 1/20/2fl04 1/20/2004 A .600 1/20/2004 1/20/2004 A .600 1/20/20O4 1/20/2004 A .600 2/24/2004 2/24/2004 B .600 3/09/2004 3/09/2004 Ha .600 3/09/2004 3/09/2004 H3 .600 4/20/2D04 4/20/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 4/20/2004 4/20/2004 H3 .600 4/20/2004 4/20/2004 Ha .600 5/18/2004 5/18/2004 A .600 5/18/2004 5/18/2004 H3 .600 - Use Acti Select Record(s) or Use Action Code $1,100.00 Disburs Inquiry by Vendor Name ............. Detail--GL10DN .............. W-01202004-147 Line: 216 Formula: 0 : Account.. Ha .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 1/20/2004 SDT 1/21/04 Trx Amount... 1,100.00 Description.. PHASE I ESA-J&C HOLDINGS 014161 NELSON, POPE & VOORHIS, Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ 74929 SCNB Invoice Code. 2186 VOUCHER ...... P.O. Code .... 11637 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y : Date Released 1/20/2004 : Date Cleared. 1/31/2004 : Fa=Exit F12=¢ancel F21=Image : : ._ ,,o?r.c~,t,,, ,:O;~&l, OSl~f~l~,: &~, )OI, 0,' VENDOR 003277 CHICAGO TITLE INSURANCE CO. 06/17/2004 CHECK 76931 FUND & ACCOUNT P.O.# INVOICE H3 .8660.2.600.100 H3 .8660.2.600.100 DESCRIPTION AMOUNT 3803-1259 3803-1259 INS.POLICY-J&C HOLD 4,307.00 REC DEED-J&C HOLDINGS 150.00 TOTAL 4,457.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 Karen J. Hagen Attorney at Law 2675 Kerwin Blvd. Greenport, NY 11944 Phone (631)4773466 Fax (631)477-3466 ,'0 ?~,9 ] i~,' I'-O ii i, hO ~ih E 14-" g,t )Oh 0"' VENDOR 007707 KAREN HAGEN 06/17/2004 CHECK 76932 FUND & ACCOUNT H3 .8660.2.600.100 P.O.# INVOICE DESCRIPTION AMOUNT 61704 TITLE CLOSER-J&C HOLDI 75.00 TOTAL 75.00 SUFFOLK COUNTY Map Department REC NO. DATE: NAME J & C HOLDINGS LP ADDRESS PO BOX 1925 SOUTHOLD, NY 11971 How Paid CHECK# 1181 MAIL PICK UP CASH M.O. I CEE. I OFF. I CHRG. INOCHRG. I R.A. COPIES DESCRIPTION FEE 1 FILED MAP $1o.oo FORESTBROOK AT BAYVIEW MAP # 11119 ABSTRACT # 15193 54649 06/15/04 FILED 6/15/2004 (~ 11:50AM 2 CERT COPY $10.oo TOWN OF SOUTHOLD D£P[ OF LAND PR£S£RVATJON CODE FMPO2C CISO2C TOTAL: $ 20.00 R E C O R D E D D E E D SUFFOLK COUNTY CLERK' RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: ~,mher of ~ages~ 5 At: Receipt Number : 04-0074002 TRANSFER TAX NUMBER~ 03-49999 ' LIBER: -' ~:' PAGE: Di~t~iCt: - - '- ' SectiOn: ........ Block: !000. 079.00 02.00 EXAMINED AND CHAR~ED AS FOLLOWS Deed Amount: $948,031.00 .'..~'~ .... '. , Rece~ve~ the Followi Fee's'For Above. Ins-trument Exempt · "Pa~e/Filing '' $15.00 NO Handl±n~ "C0E $5.00 NO NYS SRC~ EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Co~ies RPT $30.00 NO SCTM Transfer tax $0.00 NO Co~,-,Pres Fees Paid TRANSFER TA]C_ATD-M~ER: 03-49999 ' ' THIS PA~E IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 07/02/2004 10:50:54 AM D00012328 610 Lot: 007.007 Exempt $5.00 NO $15.00 ~0 $50.00 NO $0.00 NO $o.oo NO $0.00 NO $130.00 Edward P.Romaine County Clerk, Suffolk County Nhmber of pages Serial # Certificate # Prior Cfi. # Deed / Mortgage~l~. Instrument Deed / Moxtgage Tax Stamp Page / F'~iag Fee Elandliag 5. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (StatE) R.P.T.S.A, 30 -~' ~,~ _Comm. of Ed. 5. 00 Affidavit Cemfied Copy NYS Surcharge 15. 00 Sub To~l Grand Total 4 Dist. Real Propexw Tax Sen'ice Agency Verification 04026820 zooo 0*900 0200 oo.oo7 6 [ Satiffaefions/Discharges/Releases List Property Owners Mailing Ad&ess RECORD & RETUR~ TO: REC~EI) E&,~rd P. Rc~airJe Recordiag / Filing Stamps Mortgage Ami 1. Basqc Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. IVITG. TAX Dual Town -- Dual Couaty Mansion Tax The prOpeXty covexed by this mortgage is or will be improved by a one or two family dwelling only. YES or NO ffNO, see appropriate tax clause on page ~ 9f this insmunent. CoX~idemtion Amount CP~ T~x Due Vaeam Land TD J Suffolk County Recording & Endorsemeht Page ' '~-~'-C ~/~/ Thc premises lm'~ia ia situated in SUFFOLK CO~, ~W YO~. or ~ of BO~ 6 ~U 8 ~ST BE ~ OR P~ ~ BLA~K ~K O~Y P~OR ~ ~CO~G OR ~G. (ore0 71 Title,Compau,y Information J r, tie# "~g,OY ~mY 2r. sq Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THI~ INSTRUMIENT-TH~ iNSTRUMENT SHOULD BE USED aY LAWYERS ONLY THIS INDENTURE, made the/'~y of June, 2004 BETWEEN J&C HOLDINGS, LP, a New York ~imited partnership with offices at 3400 Lighthouse Road, Southold, New York 11971, par~y of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation with offices at 53095 Main Road, Southold, New York I~971, party of the seCond part, WITNESSETH, that the party of the first part, in consideration of Ten and 00/100 ~($10.00)- -dollars, and other good and valuable considemtidn paid by the party of the second part, does hereby grant and release unto the party of the second part, the he[rs or successors and assigns of the party of the second part forever, All that cedain plot, piece or parco] of lend, situate, ~yieg and being in the Town of Southold, County of Suffolk and State et New York, known and designated as Lot 7 as shown on a certain map entitJed, 'Map of Forasthrook at Bay.dew" and filed in the Office ef the Suffolk County Clerk on June 15, 2004 as Map No. 1111 g, said let being more particularly bounded and described as follews: BEGINNING at a point on the northeasterly side of North Bayview Road where the same is intersected by the~ easterly boundary line of land now or formerly of John G. Kendall; Running thence Eom said point or place of beginning along said last mendoned land, the following two (2) courses and distances: 1) North 16 degrees 48 minutes 40 seconds East, 1026.78 feet; 2) North 44 degrees 11 minutes 40 seconds East, 294.71 feet; Running thence still along said Fast meotJoned land and along lend now or formedy of Eugene C. Schwanke and Aiyeeng Schwa13ke, North ~6 degrees 32 minutes 10 seconds East, 214.13 feet to the s~uthedy bounde~, line of Subdivision Map "James W. Dawson"; Running thence along said Jest mentioned boundary line the following four (4) courses and distances: 1} North 76 degrees 16 minutes 50 seconds East, 191.60 feet 2) North 51 degrees 09 minutes 40 seconds East, 307.17 feet 3) South 72 degrees 30 minutes 10 seconds East, 201.33 feel 4} South 67 degrees 17 minutes 10 seconds East. 72.42 feet to land now or formerly of Donald F. and Joan E. Bertroni; Running thence aloeg said lest mentioned land and along land now or formedy of Nancy Stadman and land now or/ormerly of Lawrence Weiser and Diana Weiser, South 21 degrees 22 minutes 10 seconds West, 699.79 feet Running thence South 68 degrees 37 minutes 50 seconds East, 25.00 feet to lend now or formedy of Mary F~ Smith and Barbara Jo Gabriel; Running thence alcog said last mentioned land the following two (2) courses and distances: 1) South 2.1 degrees 22 minutes 10 seconds West, t 0.00 feet; 2) South 49 degrees 20 minutes 20 seconds East, 211.90 feet to the westerly side of North Road to Sayvlew; Running thence along the westedy end southwestody side of North Road to Bayview the following two (2) courses and distances: 1) South 2! degrees 22 minutes 10 seconds West, 40.76 feet; 2) South 26 degrees 02 minutes 20 seconds East, 353.15 feet to land now er forrnedy of Edgar R. HamJla and EJlee0 E. Hamlin: Running thence a~ong said land South 21 degrees 07 minutes 30 seconds West, !56.21 feet; Running thence in a north.wesfelly, wesfedy and southwesterly direction the fellewing three (3) coumes and distances: 1 ) Along the arc of a curve bearing to the dght having a radius of 175.00 feet a distasco of 153~70 feet, 2) Along the arc of a curve bearing to the left' having a radius of 352.00 feet a distance of 1148.87 feet;, 3) Along the arc of a curve bearing to the right having a radius of 300.00 feet a distance of 17201 feet; Running thence South 16 degrees 32 minufes 20 seconds West, 106.26 feet to the northeasterly side of North Bayvlew Road; and Tnease along the northeasterly side of North Bayvlew Road the following two (2) courses and distances: 1) Nor'~ 73 degrees 27 minutes 40 seconds West, 267.74 feet; 2) North 72 degrees 04 minutes 50 seconds West, 352.75 feet to the point or place of BEGINNING. I ~XCEPTING so much therefrom as is now or formerly owned by Paul E. Hale and Adelaide M. Hale being bounded and described as follows: BEGINNING.at the nodheesterly corner of the hereinafter described premises said point being distant feur(4) courses and distance~'fmm a monument set on the westerly side of North Road to Bayview at the southeastetiy comer of land now or formedy of Mark K. Smith and Barbara Jo Gabdel; 1) North 49 degrees 20 minutae 20 seconds West, 211.90 feet; 2) Nor. th 21 degrees 22 minutes 10 seconds East, 10.00 feet; 3) North 68'degrees 37 minutee 50 seconds West, 290.00 feet; 4) North 2t degrees ~)2 minutes 10 seconds East, 40 feet to the true po nt or place of BEGINNING. Running thence Sou~ 2~1 degrees 22 mtnutes 10 seconds West, 185.00 feet; Thence southwes~etiy-along an arc of a curve bearing to the dght having a radius of 25.00 feet a length of 3g.27 feet; Thence North 68 degrees 37 minutes 50 seconds West, 235.00 feet; Thence westady algae.an arc of a curve beating ~3 tile ~eft having a radius of t 01.17 feet a length of 40.00 feet; Tl~ence Nodh 02 degrees 07 minutes 30 seconds East, 230.69 feet; Thence South 68 degrees 37 mthutes 50 seconds EaR 375.00 feet to the point or place of BEGINNING. FURTHER EXCEPTED from file conveyance hereof is the folJowieg right of way benefiting the exceptad premises: A fight of way 20 feet in width being bounded and deecdbed as foltaws: BEGIN'NING at a POint on the westerly side of Nodh Road to Bayview distant g.99 feet southerly Eom its iintetsecti0n With the southerly line of land now or fom~etiy of Mary K. Sm th and Barbara Jo Gsbdel' ~ Runn[eg thence South 21 degrees 22 minutes 10 seconds West along the westerly side of No~h R~ad to BayView. 2251 feet; Thence North 42 degrees 19 minutes 50 seconds West, 208.34 feet; Thence ~oti~ 68 degrees 37 minufee 50 seconds West, 303.~3 feet; Thence:Nor~ 21 degrees 22 minutes 10 seconds East, 20.00 feet; 'Thence South 68 degrees 37 rninut~s 50 seconds East, 307.90 feet; 'Thehce.sou~h 42 degrees 1 g minutes 50 seconds East, 203.13 feet to the westerly side of Nor~ Road to Soyview aY tile point or place of BEGINNING. SUBJECT TO a dght of way ~3r ingress and egress for the benefit of land now o,- formerly of Hale (SCTM#1000-79-2-6), configuous to the southerly line of file existing right of way, which is granted herein, ove,~ proberb~ more Particuletiy desc bed as foltsws: All that: certain plot, piece or parcel of land, situate, lying and being at ~ayview, Town of Southold, Suffolk County, New York, bounded and described as fellows: Beginning ate poiflt on the easfeHy tine of land new or formerly of Paul E. Hate & Adelaide M Ha~e, where said line is fntereected by the eouthetiy eide of a certain right of way leading from North Road to Bayview to J~nd now (~r for~..?~/of Paul E. Hale & Adelaide M. Hale; Running thence from ee[d POint of beginning, South b~ deg~;ee~ 37 rmnu~es 50 seconds East along the soafiledy side of said r~ght of way, 303.23 feet to an angle point in ~aid rightlof way; Running thence through and of the parb/of the first the roils'lng two (2) courses and distanCeS: (1~ Nedh 72 degrees'53 minutes 30 seconds West, 162.25 feet; (2) North 63 degrees 45 minutes 30 seconds West, 14194 feet to land now or formerly of Paul E. Hats & Adelaide M. Hale and the point or p!aco of beginning. SUBJECT TO covenants and restJ'icSons described in Schedule "A" annexed hereto SEING AND INTENDED TO BE part of the same premises conveyed to the party of the first part by dee_d dated 11;12/03, recorded 2/6/04 in Liber 12299 page 879. TOGETHER with all right, flue and interest, if any, of the party of the first part in and to any st~,ets and roads abutting the above described premises to the center lines thereof;, TOGETHER with the appurtenances and all the estate and debts of the par[,/ 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 he second part 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 premises have been encumbered in any way whatever, except as aforesaid. AND the ~Sarty of the first part, in complianCe with Section t3 of the Lien Law, cov~nanta that ~ party of the first part will receive the consideration for th s conveyance and w hold the right to, ~3ceive such coqsideration as a ttust fuvd te be applied first for the purpose of paying the cost of the improvement and will apply the same first to the paymsnt of the cost of the improvement before using any part of the total of the same for any other iN PRESENCE OF: J&C HOLDINGS, LP By: Ma Tine, Inc., General Partner Chti~[~'~ (~. Hurtado, President TG-aE U$~.,D'ONLY ~/HEN THE ,~CKNO~It[;EDGMEN~T !~ MAD~E:IN NE'hrYORK STATF State of New York, County of Suffolk, ss: State of New York, County of Suffolk ss: Cnthe /?'/~ dayor June, intheyear 2004 Onthe /? ~/~of June, intheyear 2004 before me, the undemigned, personally appeared before me, Re undersigned, personelP,, a~3?ared C~.[ST~ C. }~R. TA DO JOSHUA Y. HORTON A~IGAIL.~. WlCI(~,~N~ [ KAREN J, HA~IEN N~r~ p~ic. State ~ ..'~v Yo~ 1 NOTNtY PUSUC, Sta~ ~t ~v ym.k (signature and office ef indMduel taking acknowlecigment) BARGAiN'AND SALE DEED WITH COVENANTAGAINST GRANTOR'S ACTS Ti~e No. J&C HOLDINGS, LP TO THETOWN OF SOUq'HOLD SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: Wickham, Bmssler, Gordon & Geasa, P.O. Box 1424 10315 Main Road Mattituck, New York ! 1952 SCHEDULE "A' TO DEED NIADE BY J&C HOLDINGS. LP T_O ~ TOWN OF SOUTOHLD DATED .[UNE 17, 2004 The premises described herein are transferred subject to the following additional restrictions, to which the part), of the second part covenants and agrees: 1) The property' ,~51[ remain undeveloped in perpetuiV:, for use as open space, a nature preserve and~or a passive recreational area with trails, wkich uses may include limited parkthg fox aecess.~rposes. An ixfformafion kiosk may be constructed. Use ot'the proper~ shall also.be eonduet~l in aecorclanee with applicable regulations governing open space i~ the t'o~ of Southold (C ~hapter 59 of the Town Cod~ of the To,~a of Southold ~ any successor chapter, now or as k may be amended). 2) The interest acquired by the Town of Southold shall not hereafter be alienated except upon the a ,t~muative vote of a majoti~, of the Town Board after a public hearing thereon anc~upon the approval by the electopa of the town votthg on a proposition subnfitted at a special or biennial town election. No subsequem amendment of the provisious of the subsection shall alter the limitation imposed upon the alienation o£the fee or any lesser interest or right acquired by the town prior to any such amendment. 3) These additxonal restrictions shall run with the land and shall bind the TOWN OF S OUTI-IOLD, its successors and assigns. IN WITNESS WHEREOF, the parties have daly executed this instxumem on this 17°a day of June, 2004. THE 'tOWN OF SOUTHOLD /os'hua Y. F~rtor~ Supenfsor J&C HOLDINGS, LP By: Ma Tine, Inc., General Partner Christine C. Hurtado, President re httrt$ch T I T L E P 0 L I C Y AMERICAN LAND TITLE A$$OCIATION OWNER'S POLICY (10-17-92) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED CHICAGO TITLE INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, CHICAGO TITLE INSURANCE COMPANY, a Missouri 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, CHICAGO TITLE INSURANCE COMPANY has caused this policy to be signed and sealed as of Date of Policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY 330 OLD COUNTRY ROAD MINEOLA, NY 11501-4122 (800) 521-O114 (516) 742-5000 CHICAGO TITLE INSURANCE COMPANY A~-~EST Pres~ent Reorder Form No. 8235 (Reprinted 10/00) ALTA Owner's Policy (10-17-92) w/N,ew York Coverage Endorsement Appended JUN 17 200~ 12:19 FR CHICAGO TITLE 516 741 0991 TO 16317651823 Title Number 3S03-01259 1. Name of insured: TO~I 0~' CHICAGO TITLE INSURANCE COMPANY AMERICAN LAND TITLE ASSOCIATION OWNERS POECY (10-t7-92) WITH NEW' YORK COVERAGE ENDORSEMENT APPENDED (A. LT.A.) SCHEDULE A Effective Date ,.?une 1'7, 2004 P.02/02 Amou~ ~lnsumnce ~94s,031.60 2. The estate or i~emst in the land which Is cov~cl by this P~icy is: 3. TBletotheest~eorinterestinthelandlsveMedin~einsuredby: A DE~D FROM J&C HOT'~, LP., TO ~ ~SU~, DA'rJmu 06/17/04~ 4. The land referred to in thls Palicy ls described as follows; -ess axx~ DSS(~alt~'rot~- ~ ~.uthorized Signatory TOTAL PAGE.O~ ** Title No.: 3803-01259 CHICAGO TITLE INSURANCE COMPANY LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING IN THE TOWN OF SOU/HOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK KNOWN AND DESIGNATED ~ LOT 7 ~ SHOWN' ON A CERTAIN MAP ENTITLED "M~.P OF FORESTBROOK AT BAY¥IEW" ~ FILED IN THE OFFICE OF THE CLERK OF THE COUNTY OF SUFFOLK ON JUNE 15, 2004 AS MAP NUMBER 11119, SAID LOT BEING MORE PARTICTJLARLY BOU19'DED ~ DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE NORTHEASTERLY SIDE OF NORTH BAYVIEW ROkD W/EERE THE SAME IS INTERSECTED BY THE EASTERLY BOUATDARY LINE OF LAND NOW OR FOPJ'4ERLY OF JONN G. KENDA.LL; RUNNING THENCE FROM SAID POINT OR PLACE OF BEGIWNING ALONG SAID I~.ST MENTIONED LAATD THE FOLLOWING 2 COLTRSES AIFD DISTANCES: 1. NORTH 16 DEGREES 48 MIt~U3TES 40 SECONDS EAST 1026.78 FEET; 2. NORTH 44 DEGREES 11 MINI3TES 40 SECONDS EAST 294.71 FEET; RLTNNING THENCE STILL ALONG SAID LAST MENTIONED LA_,Nq3 AND ALONG LAND NOW OR FOP-~IERLY OF EUGEI~TE C. SCNNANKE AND AIYOUNG SCHWANKE, NORTH 66 DEGREES 32 MINDTES 10 SECONDS EAST 214.13 FEET TO THE SOUTHERLY BOLTNI)ARY LINE OF SUBDIVISION MAP "JAMES W. DAWSON"; RUlFNING THF_,NCE A~LONG SAID LAST MENTIONED BOU'NDARY LINE THE FOLLOWING 4 COURSES A.NTD DISTANCES: 1. NORTH 76 DEGREES 16 MINUTES 50 SECONqDS EAST 191.60 FEET; 2. NORTH 51 DEGREES 09 MIN/3TES 40 SECONDS EAST 307.17 FEET; 3. SOUTH 72 DEGREES 30 MINJ3TES 10 SECONDS EAST 201.33 FEET; 4. SOUTH 67 DEGREES 17 MINUTES 10 SECONDS EAST 72.42 FEET TO LAND NOW OR FORMERLY OF EONALD F. ~ JOAN E. BERTRONI; RUATNINGTHENCE ALONG SAID LAST MENTIONED LANq3 ANI).~J~ONG LJLNDNOW OR FOAMERLY OF NANCY STEDMAN D, ND LJLN'D NOW OR FOP-_NERLY OF LAWRENCE WALSER AND DIANA WALSER, SOIJ~H 21 DEGREES 22 MINUTES 10 SECONDS WEST 699.79 FEET; RU/FN'ING THENCE SOUTH 68 DEGREES 37 MINLVEES 50 SECONDS EAST 25.00 FEET TO ~ NOW OR FORMERLY OF MARY K. SMITH ASDD BARBAR3% JO GABRIEL; RUNNING THENCE ALONG SAID LAST MENTIONED LAND THE FOLLOWING TWO COURSES AND DISTANCES: 1. SOUTH 2i DEGREES 22 MINUTES 10 SECONDS WEST 10.00 FEET; 2. SOUTH 49 DEGREES 20 MINUTES 20 SECONDS EAST 211.90 FEET TO THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW; -LEC~%L DESCRIPTION CONTINUED- Title No.: 3803-01259 CHICAGO TITLE INSURANCE COMPANY LEGAL DESCRIPTION RUNNING THENCE ALONG THE WESTERLY AND SOUTHWESTERLY SIDE OF NORTH ROAD TO BAYVIEW THE FOLLOWING 2 COURSES AND DISTANCES: 1. SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 40.76 FEET; 2. SOUTH 26 DEGREES 02 MINUTES 20 SECONDS EAST 353.15 FEET TO LAND NOW OR FORMERLY OF EDGAR R. HAMLIN AND EILEEN E. HAMLIN; RUATNING THENCE ALONG SAID LAND, SOUTH 21 DEGREES 07 MII~JTES 30 SECONDS WEST 156.21 FEET; RUNNING THENCE IN A NORTHWESTERLY WESTERLY AND SOUTHWESTERLY DIRECTION THE FOLLOWING 3 COURSES AND DISTANCES: 1. ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 175.00 FEET A DISTANCE OF 153.70 FEET; 2. ALONG THE ARC OF A CURVE BEARING TO THE LEFT HAVING A RADIUS OF 352.00 FEET A DISTANCE OF 1148.87 FEET; 3. ALONG THE ARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 300.00 FEET A DISTANCE OF 172.01 FEET; RLTNNING THENCE SOUTH 16 DEGREES 32 MINUTES 20 SECONDS bEST 106.26 FEET TO THE NORTI{F~TERLY SIDE OF NORTH BA~SZIEW ROAD AND; THENCE ALONG THE NORTHEASTERLY SIDE OF NORTH BAYVIEW ROAD THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTI{ 73 DEGREES 27 MINUTES 40 SECONDS WEST 267.74 FEET; 2. NORTH 72 DEGREES 04 MIN13TES 50 SECOA~DS WEST 352.75 FEET TO THE POINT OR PLACE OF BEGINNING. EXCEPTING SO MUCH THEREFROM AS IS NOW OR FOPd~ERLY OWNED BY PAUL E. FOkLE A!X!D ADELAIDE M. FOkLE BEING MORE PARTICULARLY BOUlqI)ED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THE HEREINAFTER DESCRIBED PREMISES SAID POINT BEING DISTANT 4 COURSES ~ DISTA/~CES FROM A MONUMENT SET ON THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW AT THE SOUTHEASTERLY CORNER OF LAND NOW OR FORMERLY MARK K. SMITH AND BARBARA JO GABRIEL: 1. NORTH 49 DEGREES 20 MINUTES 20 SECONDS WEST 211.90 FEET; 2. NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 10.00 FEET; 3. NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 290.00 FEET; 4. NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 40 FEET TO THE TRUE POINT OR PLACE OF BEGINNING; -LEGAL DESCRIPTION CONTINUED- T~le No.: 3803-01259 CHICAGO TITLE INSURANCE COMPANY LEGAL DESCRIPTION RUNNING THENCE SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WEST 185.00 FEET; THENCE SOUTHWESTERLY ALONGANARC OF A CURVE BEARING TO THE RIGHT HAVING A RADIUS OF 25.00 FEET A LENGTH OF 39.27 FEET; THENCE NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 235.00 FEET; THENCE WESTERLY ALONGANARC OF A CURVE BEARING TO THE LEFT HAVING AR ADIUS OF 101.17 FEET A LENGTH OF 40.00 FEET; THENCE NORTH 02 DEGREES 07 MINUTES 30 SECONDS EAST 230.69 FEET; THENCE SOLTTH 68 DEGREES 37 MINUTES 50 SECONDS EAST 375.00 FEET TO THE POINT OR PLACE OF BEGINNING. TOGETHER WITH A RIGHT OF WAY 20 FEET IN WIDTH BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW DISTANT 9.99 FEET SOUTHERLY FROM ITS INTERSECTION WITH THE SOUTHERLY LINE OF LAND NOW OR FORMERLY OF MJkRY K. SMITH AND BARBARA JO GABRIEL; RUlkrNING THENCE SOUTH 21 DEGREES 22 MINUTES 10 SECONDS WESTALONG THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW 22.31 FEET; THENCE NORTH 42 DEGREES 19 MINUTES 50 SECONDS WEST 208.34 FEET; THENCE NORTH 68 DEGREES 37 MINUTES 50 SECONDS WEST 303.23 FEET; THENCE NORTH 21 DEGREES 22 MINUTES 10 SECONDS EAST 20.00 FEET; THENCE SOUTH 68 DEGREES 37 MINUTES 50 SECONDS EAST 307.90 FEET; THENCE SOUTH 42 DEGREES 19 MINUTES 50 SECONDS EAST 203.13 FEET TO THE WESTERLY SIDE OF NORTH ROAD TO BAYVIEW AT THE POINT OR PLACE OF BEGINNING.. FOR INFORbIATION ONLY: DISTRICT 1000 SECTION 079,00 BLOCK 02.~0 pART OF LOT 007.000 -LEGAL DESCRIPTION CONTINUED- Policy No.: 3803-01259 SCHEDULE B This policy does n~ insure again~ loss or damage ~nd the Company will n~ pay co~s, aEorney's fees or expenses) which arise by reason of: 1. RESERVATION ARD RIGHT OF WAY IN LIBER 6021 CP 569. (AFFECTS CENTER PART OF CENTER OF PREMISES). SURVEY BY YOUNG AND YOUNG DATED 1/7/04 RE-DATED 5/27/04 (PREMISES AND MORE) SHOWS: (AS TO TAX LOT 7) VACANT LAND. ALSO SHOWS FRAME BARN, IRRIGATION POND, LINE OF WETLANDS (AFFECTS NORTHWESTERLY PART OF PREMISES), RIGHT-OF-WAY CROSSING PREMISES, DIRT DRIVEWAY ENCROACHES AN UNDETERMINED DISTANCE SOUTH OF SOUTHERLY LINE OF RIGHT-OF-WAY AND UTILITY POLES. NO OTHER ENCROACHMENTS. 3. NO TITLE IS INSURED TO ANY LAND NOW OR FORMERLY LYING IN THE BED OF POND, ITS ARMS, BRANCHES OR TRIBUTARIES BY WHATEVER NAME CALLED. EXCEPT THE RIGHTS OF THE UNITED STATES GOVERNMENT, THE STATE OF NEW YORK AND TOWN OF SOUTHOLD OR ANY OF THEIR DEPARTMENTS OR AGENCIES TO REGULATE AND CONTROL THE USE OF THE PIERS, BULKHEADS, LAND UNDER WATER AND LAND ADJACENT THERETO. 5. DECLARATION OF COVENANTS AND RESTRICTIONS IN LIBER 12314 CP 67. (AFFECTS ENTIRE MAP) 6. WATER AND SEWER CHARGES, IF ANY, NOT INCLUDED. -SCHEDULE B- . ENDORSEMENT Attached to and made a part of Policy No. 3803 -01259 Issued by CHICAGO TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added to the insuring provisions on the face page of this policy: Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. 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 said policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of said policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized officers. Dat~ Ju~e 17, 2004 Authorized Signatory Note: This eadorsement shah eot be valid or bin(Hag u~l countersJg~ed b3, a~ authorized si~atotya STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITHALTA OWNER'S POLICY (10/17/92) CHICAGO TITLE INSURANCE COMPANY Pre~ldcat. EXCLUSIONS FROM COVERAGE The following mattem am expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees o~ expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordi- nances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownemhip 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 effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbmnce resulting from a violation or alleged 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 th~ exercise thereof or a notice of s 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 without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the 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 claimant 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 not have been sostained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured, the estate or interest Insored bY this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is bas- ed on; (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent con- veyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer rssutts from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. . ,IONS ANt,, ~,(.~.,4JLATIONS 1. DEFINITION OF TERMS The following terms when ~used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as itinguished from purchase including, but not limited to, heirs, distributees isees, survivors, personal representatives, next of kin, or corporate or ciary successors, (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowl- edge 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 construc- tive notice of matters affectin~ the land. (d) "land": the land described or referred to in Schedule A, and improve- ments 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 right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but noth'- lng herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records": records established under state statutes at Dale of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge, With respect to Section l(a)(iv) of the Exclusions From Coverage, "public records" shall also inclu~ie environmental protection liens flied in the records of lhe clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to 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 lille. 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 indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall nVe liability by reason of covenants of warranty made by the insured in any nsfer or conveyance of the estate or interest. This policy shall not continue force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIM,~NT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 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, and which might cause loss or dam- age for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prempl notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at il.~ own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third 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 poi icy, 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 those causes of action which allege matters not insured against by this pelicy. s(uyb) The Company shall have the right, at its own cost, to institute and secute any action or proceeding or to do any other act which in its opinion be necessary or desirable to establish the title to the estate or interest, as red, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permilted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent juris. diction and expressly reserves the right, in ifs sole discretion, to appeal from any adverse judgment or orde~ (d) In all cases where this policy permits or requires the Company to prose- cute 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, and permit the Company to use, at its option, the name of the insured for this purpose, Whenever requested by the Company, lhe insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or.affecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced ,by the failure of lhe insured to furnish the required cooperation, {he Company s obligations to the insured under the policy shall terminate, including any liability or obliga- tion to defend, prosecute, or continue 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 Condi- tion~ 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 matter insured against by this policy which constitutes the basis of loss or damage and shall state, to 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 policy shall terminate, including any liability or obliga- tion 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 submil to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, al such reason- able 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 by any autho- rized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reason- ably 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~Jnless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reason- ably requested information or grant permission to secure reasonably neces- sary information from third parties as required in this paragraph shall termi- nate any liability of the Company under this pelicy 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: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Compsny, up to the time of payment or tender of payment and which the Company i~ obligated to pay. Upon the exercise by the Company of this cption, all liability and obligations to the insured under this policy, other than to r:lake the payment required, shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, and the policy sharl be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimast any claim insured against 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; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this pcticy, 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 1o pay. Upon the 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 than the payments required to be made, shall terminate, includu~g any liability or obligation to defend, prose- cute or continue any litigation, 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE ~This policy is a contract of indemnity against actual monetary loss or dam- e sustained or incurred by the insured claimant who has suffered loss or l~amage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: ti) the Amount of Insurance slated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the ~nsured estate or interest subject to the 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 pement 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 a~ improvement is erected on Ihe land which increases the value of the insured estatb or interest by at least 20 percent over the Amount of Insurance stated io Schedule A, then this Policy is subject to th~ following: ti) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro?ata in the proportion that the amount of insurance at Date of Policy bears to the tolal value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as ID any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance statec~ 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 ~hat portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of insurance stated in Schedule A. (c) The Compar]y will pay only those costs, attorneys' tees and expenses incurred in accordance with Section 4 of these Condilions and Stipulalions 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 eparcels but not all, the loss shall be computed and seltled on a pro rata sis as if the amount of insurance under this policy was divided pro rata as to value on Date of Policy of each separate parcel to the whole, exclusive of any improvemenls 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 policy and shown by an express stalement or by an endorsement attached to this policy 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged delect, lien or encumbrance, or cures lhe lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the 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 lhereby. (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 dam- age unti~ there has been a final determination by a court of competent jurisdic- tion, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit 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 pro tanto. 11. LIABILITY NONCUMULATIVE I1 is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any po[icy 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 ex- ecuted by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. me' PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- nt of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (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 (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant 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 properly in respect to the claim had this policy not been issued. If requested by the Company, the 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 permit the Company to sue, compromise or settle in the name of the insured 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 reme- dies 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 impair- ment by the insured claimant of the Company's right of subrogalion. (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 indem~ nities, guaranties, other policies of insurance or bonds, notwithslanding any terms or conditions contained in those instruments which provide for subroga tion rights by reason of this policy 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may demand arbitrallon 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 Company ~n connec- tion with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. Ali 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 Arbitra- tion pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option fl lhe insured, 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 mereof. 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 (a) This policy together with all endorsements, il any, attached hereto by the Company is the entire policy and contract between the insured and the Com- pany. 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 eslate or interesl covered hereby or by any action asserting such claim, shall be restricted to this policy, (c) No amendment of or endorsement to 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. SEVERABIMTY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effecl. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to the Company at the issuing office or to: Chicago Title Insurance Company Claims Department 171 North Clark Street Chicago, Illinois 60601-3294 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Hodon Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator June 24,2004 J&C HOLDINGS~ LP to TOWN OF SOUTHOLD SCTM #1000-79-2-plo 7 Please be advised that the Town has acquired open space properly as listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNER: PURCHASE DATE: PURCHASEPRICE: TOTAL ACREAGE: FUNDING: MISCELLANEOUS: 5250 North Bayview Road, Southold J&C Holdings, LP Closing took place 6/17/04 $948,031.60 ($38,000/buildable acre) 25.7522 acres (purchase price based on 24.9482 buildable acres) CPF (2%) Funds This property is listed in the Town's Community Preservation Project Plan. TOWN OF' SOUTHOLD ® (/:)O0-Qq- K- 7.7 ?.7 '/,3 k~tTCH 1.3klc) I6,3 / / / / I NO,ICI ~ COUNIY OF SUFFOLK (~) i ...... i SOUI'HOLD k~*~4'£"ANCE, ALTER&TK~,SALE 0" ¢~ RedPro~rtyfox ServiceAgencyE .~, SECTION NO ~ROPERI¥ WgP PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15,2004 Abigail Wickham, Esq. 13015 Main Road P.O. Box 1424 Ma~ituck, New Yo~ 11952 PRESERVATION Re: P~oposed Major Cluster Subdivision of Forestbrook at Bayview Located n/o North Bayview Road, 180 feet w/o Jacobs Lan~ in Southold SCTM#1000-79-2-7 2ioning District: A-C Dear Ms. Wickham: The Southold Town Planning Board, at a meeting held on Monday, June 14, 2004, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 37.75 acre parcel into 7 lots where Lot 1 equals 2.5 acres; Lot 2, 1.72 acres; Lot 3, 1.50 acres; Lot 4, 1.50 acres; Lot 5, 1.56 acres; Lot 6, 2.45 acres and Lot 7, 25.75 acres. The Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, the Town of Southold is in contract to acquire the fee title of Lot 7 (25.75 acres) for open space purposes; and WHEREAS, on May 10, 2004, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 8, 2004; and WHEREAS, this approval is further subject to a reconfigured right-of-way to the parcel known as "now or formerly Paul E. Hale & Adelaide M. Hale" and shown on a survey for the subject premises prepared by Howard W. Young, prepared January 7, 2004 and last revised June 14, 2004. The total area of the reconfigured area of the right-of-way is 0.315 acres; and WHEREAS, a covenant and restriction was filed on May 19, 2004 with the Clerk of Suffolk County; Liber D000123200, Page 166; and WHEREAS, the Suffolk County Department of Health granted approval of the action on Apdl 23, 2004; and Forestbrook at Bawiew - Page Two - 6/15/04 WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and WHEREAS, pursuant to A106-24E of the Southold Town Code; the Planning Board deems the final plat to be in substantial agreement with the preliminary plat approved and modified in accordance with requirements of such approval, therefore, the Planning Board waives the requirements for a final public hearing; be it therefore RESOLVED, that the Southold Town Planning Board accept the State Bank of Long Island Letter of Credit No. 1510 in the amount $193,810.00; and be it further RESOLVED, that the Southold Town Planning Board grant final approval on the final road & drainage plan, dated October 31, 2003, and the final plat, dated as revised March 8, 2004, and authorize the Chairperson to endorse the final map. Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this xt fice and filed in the Office of the County Clerk. Any plat not so'lied or recorded within y (60) days of the date of final approval shall become null and void. Please cOntact this office if you have any questions regarding the above Very truly yours, house Chairperson encl. CC: Melissa Spiro, Land Preservation Coordinator Michael Verity, Chief Building Inspector Tax Assessors 2 • 0 1 5 H O R S E • T R A I L S ®�# RESOLUTION 2015-881 ADOPTED DOC ID: 11245 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-881 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20,2015: Whereas the Town has an adopted stewardship management plan for its Hog's Neck Properties which includes the Forestbrook property; Whereas the adopted plan does not currently allow the creation of trails without explicit Town Board approval; Whereas the creation of a trail system is consistent with the acquisition purposes of the Forestbrook property which included the establishment of passive recreational areas with trails and limited parking for access purposes; Whereas a trail plan for the Forestbrook property has been presented to the Town Board Resolved that Town Board approve the trail plan for the Town open space property known•as Forestbrook. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Happy trails ahead for local horse enthusiasts who applaud board for voting`yes' q q R Happy trails ahead for local horse enthusiasts who applaud board for voting `yes' Lisa Finn Oct 21, 2015, 7 58 am It's official: Horse lovers in Southold will now have a place to head out onto the open trail. The town board voted unanimously yesterday to approve a new trail on the Forestbrook property,located off the North Bayview Extension, in the area known as Hog's Neck. The plan was first discussed in September as Southold Town Supervisor Scott Russell met with town staffers and local horse enthusiasts near the 25-acre parcel. Resident Jill Franke, who advocated for the trail for years, stood up after the vote to thank the board for creating a place for horses in town. In recent years,there has been nowhere for equestrians to ride in Southold, she said. After the meeting, she said that she'd like to thank former Department of Public Works Director Jim McMahon, current DWP Director Jeff Standish, John Sepenoski of the land preservation committee, and Southold Town Supervisor Scott Russell, "for realizing the need out there for horse owners." She also thanked the supervisor for listening patiently to her numerous phone calls over the past 10 years. "This is a godsend,"she said. "I'm glad they realize horses are a big part of the community here and I think it's wonderful to have preserved property to use." Franke said it's also good to know that the land will not be developed, and will not be a site for new building. Cindy Hilary, a fellow equestrian in town, also thanked the board. "Now we can enjoy riding our horses," she said, adding that she'd like to thank Franke for all the time she spent working diligently on the issue. Rusell said before the vote that he believed the proposal had been"well-received"by board members. Two weeks ago, the supervisor held off on a vote until the matter was discussed by the town's land preservation committee. Yesterday, Russell said he thought the meeting went well; the group issued bullet points with suggestions and concerns, including manure.Town code already mandates that horse manure be picked up by equestrians,he said. The board discussed working out a schedule for horse riding and hikers, with different days and times of day possible. Sepenoski of the town's land preservation committee,who also worked on the plan, suggested for now,the board just vote to get the trail approved and since no riding would be allowed until February 1, anyway,the town could then take time to address the management plan and a schedule for hikers. Justice Louisa Evans said she wanted to assure that the trail would not be permanently just for horses; hikers would be included down the line, too, she said. Sepenoski said all those details could be worked out,but it was imperative to begin work while the weather is still good and there are fewer ticks.That work is slated to begin immediately. Russell said the parcel is "substantial" and the details can be worked out in the coming months. In a previous meeting, McMahon said the land had a "bit of history",with an existing trail created by the town's department of public works years ago; the`town cleaned up a debris field, including bottles and bedsprings in the pond, a few years earlier. The land was purchased by the town in 2004 for just under $1 million, Russell said. "It's been there for 11 years and it's not usable by the public in its current state,"he said. After a recent issue with Suffolk County putting the brakes on horseback riding at Cedar Beach, Russell said this separate plan for a new trail was brought to his attention. Recently, Russell said he met with horse owners to determine the feasibility of the project; the original intent of the purchase was to preserve the land for open space and passive use. Sepenoski said he felt with"enough governance and controls," a horse trail would be consistent with passive use. He added that the "wild card"was that the trail had already been created in 2007; work stopped when it was determined that a management plan for the parcel was needed first. All that's needed to do is to clean up some felled trees and branches, he said. Evans asked if the town's DPW would care for the property; Sepenoski said they would Most riders, extended the privilege of a trail,will self-police, Russell said. The trail would be the first and only horse trail in town; although there have been trails in years'past, currently, none exist. The project would be completed at no cost to the town, Standish said. Town Board notes: Southold sets up trail for horse riders by Paul Squire 10/20/2015 8:38 PM w r *r n r' '� ,' A ,� ♦ w��a,rr � ��� sem/ s T1s �R+W, e4 t ^ Fly _fir_. � iy•y�. A Southold trail that was left half-finished years ago has been officially set aside for horse riders. The Southold Town Board approved the creation of the trails at the Forestbrook property just off North Bayview Road at its meeting Tuesday evening. The property was bought more than a decade ago to be used as open space, and while the town began work on a series of trails in 2007,the plan was later abandoned. The trails will be the first set available for Southold Town residents; other trails exist farther west in Riverhead Town. Southold Town Supervisor Scott Russell said the town will also consider making hiking trails in the property. OFFICE LOCATION: MELISSA A.SPIRO �V9aU� Town Hall Annex ; LAND PRESERVATION COORDINATOR �® 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Supervisor Scott A. Russell Southold Town Board FROM: Melissa Spiro, Land Preservation Coordinator on behalf of the Land Preservation Committee DATE: October 19, 2015 RE: Town Open Space: Hog's Neck Property f.k.a. Forestbrook SCTM #1000-79-2-7.7 Town Board's request to review Proposed Trail Plan for the Forestbrook Property a At the Town Board's request, the Land Preservation Committee reviewed the Proposed Trail Plan for the Forestbrook Property at its October 13, 2015 meeting. The one page Trail Plan description (undated) and map (dated October 2, 2015) were presented to the Committee by Chairman Sepenoski at this meeting. The Committee supports the concept of the proposal. The Committee's comments, as listed below, were set forth in a motion made and voted upon by the six committee members in attendance at this meeting. The motion was adopted by five (5) affirmative votes, with 1 abstention (John Sepenoski abstained). In its support for creating a trail system for passive recreational horseback riding on the Forestbrook property, the Committee recommends establishing a dual use schedule for both hikers and horseback riders in order to provide greater public access to the Preserve. • First bullet: Total length of trails will be 0.6 miles. The Committee supports the proposed trail and is not opposed to expanding the trail in the future. • Sixth bullet. The Pond Trail is a short spur that will go to an old irrigation pond. A railing will be installed at the end of this trail to prevent entering the pond. The Committee did not have the benefit of a contour map during review and questioned if the grade of the property had been reviewed for potential erosion impacts from the proposed equestrian use. • Seventh bullet:A dirt parking area for two vehicles will be designated on North Bayview Rd Ext. No guard rail delineating the parking area will be installed unless issues develop with vehicles accessing or attempting to access the,property beyond the parking area. The Committee supports this two vehicle parking area; however, only as long as on-street parking is still allowed to ensure that public access to the property is not excessively limited. • Eighth bullet. DPW will handle all expenses necessary for this work from their department budget. No CPF funds will be used, therefore there will be no need to amend the adopted CPF Stewardship Management Plan. The Committee supports including a stewardship budget line for the Forestbrook Property in the 2016 CPF Stewardship Management Plan. • General comment: A concern was raised as to whether or-not the horse use, which includes horses traveling from other properties and horse manure remaining on the property, could potentially introduce invasive species seeds from their manure, hair or hooves. Since this is outside LPC members' area of expertise, perhaps the Board may wish to seek additional advice on the subject. The Committee understands that a revision to the Stewardship Management Plan for the Town's Hog's Neck Properties has been drafted. The Committee will review the drafted revisions if the Town Board refers same to the Committee for comment. Please feel free to contact me if you have questions regarding the above. Enc.: proposed trail plan & map Proposed Trail Plan for the Forestbrook Property (see map) a Total length of trails will be 0.6 miles. v Trails will be approximately 8 feet wide and cleared to 10 feet high to accommodate horse back riding. v The map depicts the approximate locations of the trails. When the trail work has been completed the entire trail system will be mapped in detail and added to the stewardship management plan. ® The bulk of the Loop Trail was created back in 2007. Minor changes to this will be necessary. o The Spur Trail does not currently exist. Part of this has been flagged in the field and the rest will be marked after the Loop Trail has been completed. This trail will provide access to the property from North Bayview Rd. o The Pond Trail is a short spur that will go to an old irrigation pond. A railing will be installed at the end of this trail to prevent entering the pond. A dirt parking area for two vehicles will be designated on North Bayview Rd Ext. No guard rail delineating the parking area will be installed unless issues develop with vehicles accessing or attempting to access the property beyond the parking area. o DPW will handle all expenses necessary for this work from their department budget. No CPF funds will be used,therefore there will be no need to amend the adopted CPF Stewardship Management Plan. o DPW will be suspending the Deer Management Program on this property from approximately 9 AM to 4 PM on days when they are conducting the trail work. o DPW estimates that the trail work can be completed within two weeks. I I , Y�a.�T� ���'q�l9'•`)� x i' ".;nom � j11ri4 iT !•8_ F i� 1a; �` - �� �� � �°'R-gyp - w" •i.r'�1� _ lei »- t, TIT F Vt X. oil. i- - # 4 r At .?T111111 NB w Proposed Trail Plan Q Preserve Boundaries 25.8 Acres N, Forestbrook Map Prepared Town of Southold Geographic Information System North Bayview Rd Ext Southold Proposed Trails 0.6 Miles w E October 2,2015 y Tax Map and ARDS Copyright 2015 ED Proposed Parking Area S County of Suffolk NY Southold Local- Horse lovers jubilant as town looks to create new riding trail in Southold r � t t { • Horse lovers jubilant as town looks to create new riding trail in Southold Lisa Finn Sep 29,2015, 6 29 prr Horse enthusiasts who've had no place to ride locally could soon see new hope, as plans unfold for a possible new trail in Southold. The trail would be the first and only horse trail in town; although there have been trails in years'past, currently, none exist. Southold Town Supervisor Scott Russell met today with local equestrians and Southold residents Jill Franke and Cindy Hilary, as well as town staffers John Sepenoski, chair of the town's land preservation committee, and Jeff Standish, director of public works, at the potential site — a 25-acre preserved parcel known informally as Hogs Neck,located on the North Bayview Extension. The project could be completed at no cost to the town, Standish said. Town employees went out to look at where they'd blaze the trail, to check for trees or unsafe branches that may have to come down; the area has not been cleared, and many trees have fallen, since Sandy, they said. But after a look, they said the area was in good shape and,if the town board approved the proposal to create a new trail,work could be completed in approximately two weeks after the vote. The hope would be to finish before cold weather arrives; to that end, the land would be kept open for hunting until 9 a.m.,with work on the trail commencing later in the day. Sepenoski said the plan would be just for a horse trail,with no jumps, no races, and no other forms of recreation such as hiking or mountain biking allowed. The area would be used for hunting for four months per year and as a horse trail for the rest, he said. Russell said perhaps a number of horses allowed to ride the trail at one time could be determined, to mitigate any concerns regarding congestion on the road. For Franke,who began working on the idea:Lo years ago,pitching the proposal to former DPW director Jim McMahon, today was exhilarating. "I'm ecstatic," she said. "It's been a long time.We're just so happy to possibly have it." Hilary agreed. "I'm really excited about it," she said, adding that she recently rescued a baby horse from slaughter; the trail would provide a therapeutic place for training. "It would be great for him." Both Franke and Hilary agreed the trail would be a godsend for local horse enthusiasts who have nowhere in town to ride, especially since a spike in traffic has made traversing the roads treacherous. "This is a dream come true for us," Hilary said. Russell said he'd bring the proposal back to the town board for discussion and a possible vote. "It's a wonderful opportunity to provide a place for horse owners to enjoy,"he said, adding that opportunities in town have long been limited and no trails are currently in existence. "We have our preserves for this very purpose,"he said. A E R I A L S 2004 AERIAL 2001 Aerial Premises: 5250 North Bayview Rd, Southold Open Space Acquisition = 25.7522 acres S U R V E Y N S Subdivision i,d<2p - PIETLANI2¢ A~.EA OF I~IETLAND$ O.42~2 I~.-- IOl.lq At~EA OF ~TLANI2S O.O~2~ AOt~ Lot; -/ At~.EA = 25.'L522 ACRES (inclucllncj ~r'¢~ of' ~¢f.l<2ncls ~ r'ich~.5 of' ~) LINE Of= I, NET/ANI2~ 112ENTIFIEI2 BY COASTAL ENVII~ONI'4ENTAL COt~O~TION LOCA~ B~ ~OUN~ ~ ~O~N~ ON ~EC, 2001 'A,~,ec/u~ ~. N OF: I~'.I~HTS OF INA¥ O.2"?~O AGES 0 ~,/~T AT ION ~Up Lob 4 " Subdivision - / Lot; At: ~vie~" \ Lo[ 2 Lot: I "For¢sbbrook NoN_D "ce \ \ '\ CEU E dUN 142004 Young dc Young 400 Os~rc~ndev Avent~e, R~verhec~d, Nero York 11901 631- 727-2303 AREA = NOTE 25.7522 ACRES FINAL SURVEY SURVEYOR'S CERTIFICATION HOWARD W YOUNG, N Y.S L,S. NO, SURVEY FOR TOWN OF LOT 7 "FORESTBR00K At Bayview, Town Suffolk County, New SOUTHOLD AT BAYVlEW" of Southold York County Tax Mop D,,trt=t 1000 s~=.o. 79 m~d~ 02 Lot P/0 · TITLE SURVEY ADDED CER~FICAT~ONS MAP PREPARED JUNE 10, 2004 MAY 27, 200~ dAN. 27, 2004 JAN 7, 2004 SCALE 1" = 100' JOB NO. 2005-0510 OWG. 2001_O145_osp_o_200J_O510_tltle_survey TS