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Peconic Land Trust (Krupski)
1000-95-4-9.,2 (f/k/a 1000-95-4-p/o 9) 1000-95-4-10 Baseline Documentation Premises: 8900 Oregon Road & 7155 Depot Lane Cutchogue, New York 24.038 acres Development Rights Easement PECONIC LAND TRUST, INCORPORATED (Ann Marie Krupski) to TOWN OF SOUTHOLD Easements dated September 23, 2004 Recorded September 28, 2004 Suffolk County Clerk - Liber D00012346, Page 005 & 006 Parcel 1 - SCTM #: Parcel 1 - Premises: 1000-95-4-9.2 (f/k/a 1000-95-4-p/o 9) 8900 Oregon Road Parcel 2 - SCTM #: 1000-95-4-10 Parcel 2 - Premises: 7155 Depot Lane Hamlet: Cutchogue Total Purchase Price: $859,544.00 Parcel 1 - 4.2546 acres ~ $40,000/acre = $170,184.00 (0.0874 acre ROW excluded from sales price) Parcel 2 - 19.696 acres ~ $35,000/acre = $689,360.00 Funding: 2% Community Preservation Funds CPF Project Plan: Total Acreage of parcels: Development Rights: Yes 25.874 acres 24.038 easement acres (includes 0.0874 right of way excluded from purchase price) Reserved Area on Parcel 1: Zoned: 1.836 acres A-C Existing Improvements: none on easement in September 2004 DESCRIPTION LAND The subject consists of two adjacent properties; a 20.40+ acre parcel, and a 4.30+_ acre portion of a larger parcel of land having an area of 6.30+_ acres (from which we have excluded 2.00-+ acres). The descriptions of the properties are as follows: Lot 1000-95-4-9: This is a portion of a larger property described as follows: It is near square in overall shape with a northerly border having 508_+' of frontage along the southerly side of Oregon Road, an eastedy border having 515_+' of frontage along the ~esterly side of Depot)/ane, a southerly border of 520+-', and a westerly border of 537+-', The excluded area is 2.00_+ acres which is approximately square in shape and located at the southwesterly corner of the property. Lot 1000-95-4-9: This parcel is near rectangular in shape having a northerly border of 520+-', an eastedy border with 1,596±' of frontage along the westerly side of Depot Lane, a southerly border of 548+_', and a westerly border of 1,633+_'. The above dimensions are estimated from the Suffolk County tax map and from the deed of the overall property, as the appraisers were not furnished an actual survey of the appraised area. 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 subjects of this appraisal is a portion of. GIVEN21 DESCRIPTION (CONTINUED) _ LAND (CONTINUED) Both prope, rties provide adequate width and depth. Th~ property is mostly cleared, generally level, and in use as farmland. Utilities (electric and telephone) are available along Depot Lane and Oregon Road. There is no public water in this area. Water supply would likely be achieved via on site wells, however, no test hole data was suPPlied to the appraisers. Each of the abutting roads are two way, two lane, publicly maintained macadam paved roadways. Land use surrounding the subject is primarily vacant and improved residential properties. IMPROVEMENTS The subjects are vacant land with no improvements. PRESENT USE AND OCCUPANCy The subjects are presently vacant land in use for agricultural purposes. .GIVEN 2: A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, May 25, 2004 Members Present: Members Absent: Also present: Ray Blum, Chairman Craig Arm Ray Huntington Edc Keil Fred Lee John Sepenoski Michelle Zaloom Bill Edwards (liaison to Town Board) Melissa Spiro, Land Preservation. Coordinator rvlelanie Domski, Secretary to LPC Tim Caufield Vice President of Peconic Land Trust Commencement: The meeting began at 7:07 p.m. MOTION to accept minutes held until next meeting as Melissa suggested amendments. · KRUPSKIPROPERTY SCTM #: Location: Total Acreage: PDR Acreage: Zoned: SCTM #: Location: Total Acreage: PDR Acreage: Zoned: 1000:95-4-9 8900 Oregon Rd, Cutchogue 6.3 acres A-C 1000-95-4-10 7155 Depot Lane, Cutchouge 20.4 acres A-C 5lz l oq LPq_ Reviewed status as presented by Tim Caufield of Peconic Land Trust. There may be an opportunity for private preservation of property. If private preservation option does not work out, PLT may facilitate, preservation by purchasing property and, in turn, selling development dghts to the Tow~ and restricted land to a potential purchaser. Tim discussed possible plans of actions such as preserving the entire lot as PDR and sell farm acreage if Town's PDR offer is high enough, or leaving one or two reserved areas and selling PDR to Town and selling restricted farm acreage. MOTION was made by Ray Blum seconded by Craig Arm, to direct Melissa Spiro to commission an appraisal as discussed with one (1) building envelope and remaining parcel for development rights for agricultural purposes but only after Melissa is contacted by Tim Caufield to continue with this action. Motion carded 4/0. P R 0 P E R T Y V I S U A L S t'~e Region of Oregon Road Study Area Town of St~uthold Suffolk County, New York Land Status Peconic Land Trust LINE Tax Map Location "1 9O L 0 C A L H I S T 0 R Y VOL. CXXVI No. 27 Thursday, January 20, 1983 Serving Southoid Town. Shelter Island Town and the Incorporated Village of Greenport than you the ~ one. ~n Southol~ there were aroun~ 30 farms~ now down to two or so. In Cutchogue, the potato farms along his native Oregon Road numbered as many as 15 at one time. "Now there's just a handful," he said. "in some places, the ground's still being worked, but the family farms ha~,e disappeared." cause of the difference m costs. Then it co~t about $350 to grow an acfe ~f ~tatoes. Now it!~ $1,600." ' - With prices down to an anemic $3 per undredweight this year Mr, Wells.said !hat m~st f~rmers will be lucky to r~coup half their investment. "Losses could go as high as $1,000 per acre, he said, We planted 350 acreS. That's a lot of m~ney." Usually, the Wells family uied financial reserves from the previous year~ bolstered by a n~mlnal i0an, to.finance the next year's crop. But the 1983 crop Will have to be 100 percent borrowed. "Ali the reserve Mt. Krupski and his three brothers all was wiped out?' he said "It went into the grew up on the farm and stayed with cropanddidn'treturn" potato farming through their adulthoods. . A~tho~gh Mr, Weiis agreed with Mr Now Said Mr ~rupsl~i two of his brothers S Ii' ...."' ~ ' ' ' ' ....... " . . . _ , a ok s estimate that ~i 0o0 of the area s are on SOCial ~ecurity. All Of the b~0thers ~' P0t~t0 ~e~s ~W0uid~b~ Shif~d.t~Ward sent !heir sons [o college. Now, on~ of t.h.e ~liff~i,~tlt ci'0pS iil 1983, he"~aid t~( th~ s..ons is a teacher in Commack; one is withWells family has 'yet :th plan negt year~s ~eneral Mills in Illinois one is a salesmancrons "I*~n an' '0~tin~i~ '~ ho' q~,4 · with IBM iii Jerich0, one is a Pharmacist in -Ev~er~thing,s dOw~ ~ f~r'~n'~W' i'[,~s g~o~t't~ Rhode Island one is a local banker and Come ~Ut I ~n no[ lookin ' ' ~. ;,. , ... , .. · . g to throw in the one, a tnght officer ~or the Navy, was insbovelf Joining in this attitiide are'Mr Key West on Monday morning. Wells' three sons, all of whom have Stayed "We wanted them to have college educations in case they did come back to the farm to give them something to fall back on" said Mr. KrUPskL~"~e're ffiad they ve moved on. There s too many problems with potato farming.. My brothers and i Were brought, up wi~h it, but parents want What s best for their kids. "I don't know the fUture, ;' b~ concluded~ "We'll hold on as 10ng as we can -as long as the help keepS'up, it'~0n't be 10hg?' Woes f0r'Well~ FamilY` Moving west, the woes of the 1982 potato season have also struck the oldest farm in New York State, the Wells farm in Riverhead. "It Was a disastrous season," said Vernon Wells Jr. "There's no doubt about that. I never would have~ belieVed you ' could Work so hard to lose so much." According toMr. Wells, potatoes have been grown continuously at the farm since 1661 When gi-otin.d, Was first broken by S0uthold settle~- William Wells. ~'This is the financially the worst season ever," he with farming, .thOugh ~ne does not grow potatoes. "He looks a little be~ter th~h we do this year," said Mr. Wells. "I don't think ~we:'re going to go into something else,~ he concluded. "'~e still have the interest. As long as we can get the banking, we're going to do ail we can to keep going." JEFF MILLER The KrUpskis o£ long Island FAMILY FARM- AND BUSINESS ~ .nyone who thinks that the family farm fflJs on the way out would do well to spend some time with the Krupski family of Cutchogue, N. Y. The Krupski farm on Long Island's North Fork, is just a healthy day's hike from the easternmost point in GLF terri- tort. It is a family farm in every sense of the word. ~mdrew Krupski, the father, has been growing Long Island potatoes since 191 $, whed he bought his first land. By/i944 the farm had grown to 175 acres. Pr/~sently it covers 350 acres, of which ab~;ut 330 acres are given over to katahdins, and the balance to cobblers. ~-adrew Krupskl is semi-retired, and the actual farm work falls to sons John, Stanley, Walter and Vincent. You begin to see the real mark of family farming at planting time. It takes just four weeks to seed the acreage. The Krupskl brothers all work at this job, and with the help of four hired men, turn planting'into a real precision operation. Two tractors plow the land, two more draw the planters. Two trucks loaded with seed potatoes and GLF fertilizer are in the fields keeping the .planters filled and two others are being loaded with seed. They use about 1,600 pounds of seed and 3,000 pounds of fertilizer to the acre. They won't be through harvesting the crop until the middle of November or th~ first oje December. In the meantime, potatoes have to be cleaned, graded and bagged, ready for ship- ment up and down the east coast and to foreign countries. They will put up as many as 2,000 bags of potatoes a day, and when bagging operations are at their peak, you'll find the brothers, and their sons, all pitching in to get the job done fast and efficiently. FAMILY :TEAM that has been growing p TE~ have to work fast. During the pick- tatoes for 46 years, the Krupskis, from le: lng season there may be as many as six Stanley, Vincent, Andrew, John and Walfe tractor-trailers waiting at their loading dock ' for Krupski potatoes. John Krupski points out that mechalai-. zation has changed harvesting work radical- ly. 'It used to take 25 men to do what five' can do now on a combine," he says. Mechanization of the Krupski land ex- tends to irrigation. All but about 14 acres of their farmland are co~ered by a system including seven pumps (three 600-gallon- a-minute, and four 400-gallon capacity units). Long Island potatoes are prey to aphids and' the Colorado potato beetle and to several diseases. To protect their crop, the Krupskis own two tractor-mounted spray rigs, which are kept pretty busy during the season. John Krupski really believes in spray control for insects. "It costs $1,200 every time we send the rigs out,' he notes, adding that they were out seven times last year Wand they'll go out any time we need them. It!s the only way ~o bring in a complete cropi" Their plans for crop needs are worked out with Jolm Koroleski of the Southold branch of Suffolk GLF Service. The Krupskis sit down with him in the fall to lay out their program for the next year. Koroleski helps them with soil tests and~ makes his recommendations. He is an ex- perienced potato grower himself, so his suggestions for use of fertilizers and sprays and other growing practices carrt weight. The Krupskis are regarded as some of the best potato farmers on Long Island. .They are good farmers, good businessmen,' and a good example of modern family farming. JoHN KOROLESKli left, GLF $alesmoni co suits regularly with the KrFpski family: He a grower himself. COMBINE and self-unloading truck all, five men to do the work 25 workers or did? du, ring harvest. M.~ 1964 FAa~X~C Wrm GLF E N V I R O N M E N T A L S U M M A R Y I l ] 1 ] 1 CERTIFICATION Property Location: 8900 Oregon Road/7155 Depot Lane District 1000, Section 95, Block 4, Lots 9 and 10 Town of Southold, New York 11935 Advanced Cleanup Technologies, Inc. performed a Phase I Enviromental Site Assessmem on the above-refekeneed property. The Assessment included a property inspection, research into the historical uses of the property and surrounding land, a review of regulatory agency files pertaining to the property, and an interview with the landlord regarding past and present conditions at the property. The Phase I Assessment was performed to meet the minimum requirements established by ASTM's Standard Practice for Environmental Site Assessments (E 1527-00). The Assessment has also considered other enviromental issues such as asbestos, radon and lead which are not covered by the ASTM standard. The results of the assessment are contained in this report. Based upon this assessment, Advanced Cleanup Technologies, Inc. makes the following conclusions and representations concerning the scope of the assessment and the environmemal quality of the property. The Phase I Environmental Site Assessment has revealed no Recognized Environmental Conditions at the subject property. We hereby certify that we have no interest, present or contemplated, in the properties inspected and that neither the employment to make the inspection nor the compensation is contingent on the value of the properties. The analyses, opinions and conclusions contained in this report are limited only by any reported assumptions or limiting conditions described herein, and are our personal unbiased professional opinions and conclusions. We further certify that this inspection was performed in conformity with the ASTM Standard and the scope outlined in this report. This inspection report accurately reflects current federal, state and local guidelines. Dated: August 20, 2004 ! ! By: William K. Sisco Senior Project Manager By: Paul P. Stewart President -i- 1 1 1 1 1 1 1 l ] ] l 2.0 PROPERTY DESCRIFrlON 2.1 Site Vicinity The subject property, 8900 Oregon Road/7155 Depot Lane, is located in the northeast portion of Suffolk County, New York. A Locational Diagram showing the site and its immediate vicinity is provided as Figure 1. The subject property is located along the eastern side of Oregon Road and the southern side of Depot Lane. The Long Island Sound is located approximately 4,500 feet to the northwest of the subject property. Residential properties and farmland are located to the north, south, east and west of the subject property. The topography of the property is level. The vicinity of the site is approximately 56 feet above mean sea level2. The ground surface in the vicinity of the property consists of farmland. The subsurface beneath the site consists of unconsolidated sand and gravel layers fi.om the ground surface to approximately 500 feet below ground surface. The major aq!~ifer system beneath the subject property, fi.om approximately 500 feet to 800 feet below ground su. cface, is the Magothy aquifer. The R~ritan confining unit is located fi.om approximately 800 feet to 1,000 feet below ground surface. The Lloyd aquifer is located from approximately 1,000 to 1,300 feet below ground surface. Bedrock beneath the subject property is approximately 1,300 feet below ground surface? Regional ground water flow in the vicinity of the site is toward the northwest. The New York State Departmem of Environmental Conservation (NYSDEC) Freshwater Wetlands Map #5-Mattituek Hills Quadrangle indicates the property does not comain any freshwater wetland areas. The NYSDEC Tidal Wetlands Map #708-544 indicates the subject property does not contain any tidal wetland areas. USGS 7.5 Minute Series Topographic Map, Mattituck Hills, New York Quadrangle. , From Hydrogeologic Framework Of Long Island, New York by Smolensky, D.A., Buxton, H.T., and Shemo~ P.K., 1989. 2 ] ] The subject property is located in Hydrogeologic Zone IV. This area encompasses the North Fork, Shelter Island and northern and eastern portions of the South Fork. The ground water underlying this area is generally of excellent quality. Zone IV contains shallow flow systems that disoharge to streams and marine waters. The subject property is not located in a Special Groundwater Protection Area (SGPA) 4. The ground water beneath the subject propertyis classified GA. The Soil Survey of Suffolk County was reviewed and evaluated with respect to the subject property. The property is located within the Haven Soil Series. These soils are well-suited for most crops commonly grown in the county. The hazard for erosion is slight for this soil series. 2.2 Site Details No structures or improvements were identified at the subject property. No evidence offormer structures or improvements were identified at the subject property. The subject property consists of vacm~;t, undeveloped farmland (Photographs 1 through 7). The property is rectangular shaped and is al~roximately 26 acres in area. The subject property is covered with cultivated soil. A grass area is heated between the subject property and Oregon Road and Depot Lane. Irrigation pipes are located along the central portion of the property. A Site Diagram is provided as Figure 2. No evidence of ha?ardous waste or hazardous materials was identified throughout the property. No stains, odors or evidence of spills were identified throughout the property. No solid waste was identified at the subject property. Farmland 1000-95-4-9 1000-95-4-10 Farmland N F~¢2 Site Lm Job No. 3845-CIINY Date: 8/19/04 Drawing No. 3845-02 Scale: NTS Distance in Miles 9 Toxics Targeting I Mile Radius Map 8900 Oregon Avenue / 7155 Depot Lane Cutchogue, NY 11935 Suffolk Couniy E~3 NPL, CERCLIS, NYSDEC inactive Hazardcus Waste Disposal Regist ~J or Re~st[~ Qualifying Site Hazardous Waste Treater, [] RCRA~ve Storer, Disposer Action Facility i~ Hazardous Substance Sc~id Waste Waste Disposal Site ~ Facility Major Oil ~ Stomgo Facility Site 1/4 Mile Closeup Map ~ ~ ~ ~ 8900 Oregon Avenue / 7155 Depot Lane ~ ~ // ~.~ · Cutchogue, NY 11935 ~ s Suffolk Coun[y # // ~ , ~ NP~ CERCUS. NYSDEC ,na~ H~s Waste ~ H~a~s W~te Triter. ~ RC~ C~five 00 Oregon Avenue/7155 De~t ~ H~a~s ~e ~id Waste ~ ~U~ Wate~ P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southaldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 656 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 7, 2004: RESOLVED that pursuant to the provisions of Chapter 6 (2 % Community Preservation) and/or Chapter 25 (Agricultural Lands) of the Town Code, the Town Board of thc Town of Southold hereby sets Tuesday, September 21, 2004, at 5:00 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Ann Marie Krupski/Peconic Land Trust (contract vendee). Said property is identified as SCTM #1000-95-4-9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane, approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development fights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement. The purpose of this purchase is for agricultural and scenic protection. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25 (Main Road), Southold, New York, and may be examined by any interested person during normal 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 6 (2 % Community Preservation) and/or Chapter 25 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets,Tuesda, y, September 21, 2004, at 5:00 p.m., Southold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Ann Marie Krupski/Peconic Land Trust (contract vendee). Said property is identified as SCTM #1000-95-4-9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane, approximately 508 feet southwesterly along Oregon Road and a total of appmximately¢l 11 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4- 10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement. The purpose of this purchase is for agricultural and scenic protection. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25 (Main Road), Southold, New York, and may be examined by any interested person during normal business hours. Dated: September 7, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON SEPTEMBER 16, 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, · TOWN~4_ALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Melissa Spiro (4) Town Clerk's Bulletin Board Town Board Members Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING September 21, 2004 5:00 P.M. HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EP,~ql~,MENTS ON AGRICULTURAL LANDS OF KRUPSKI~ SCTM #1000-95-4-9 AND 1000-954-10. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Palricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS ttEREBY GIVEN that pursuant to the provisions of Chapter 6 (2 % Community Preservation) and/or Chapter 25 (Agricultural Lands) of the Town Code, the Town Board of the Town of Sonthold hereby sets Tuesday~ September 21~ 2004~ at 5:00 p.m,~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a pu01ie hearing for the purchase of a development rights easement on agricultural land~ for a certain parcel of property owned by Ann Marie Krupski/Peconle Land Trust (contract vendee',~ Said property is identified as SCTM #1000-95-4-9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane, approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development dshts easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40~000 (forty thousand dollars) per build.hie acre for the 4.3 acre easement and $35~000 {thirty-five thousand dnllars) per buildable acre for the 20.4 acre easement. The purpose of this purchase is for agricultural and scenic protection. The property listed on the Town's Community Preservation Proiect Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25 (Main Road), Southold, New York, and may be examined by any interested person during normal business hours. September 21, 2004 Public Hearing-Krupski Purchase COUNCILMAN WICKHAM: I have notification here that it has appeared in the local newspaper as a legal and it has also appeared on the Town Clerk's bulletin board outside and I have no further communications on this hearing. SUPERVISOR HORtrON: Thank you, Councilman Wickham. And need I ask if there is anyone to address the Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi. Good evening, I am Melissa Spire, Land Preservation Coordinator. As noted, this is a public hearing for the Town's purchase of a development.rights easement on a total area of approximately 24 acres. The farm is a significant parcel in that it is within the middle of the Town's major agricultural area and it includes over 2,500 feet of fi'ontage on Depot Lane and quite a bit on Oregon Road. The property exists currently as two separate parcels, an approximately 20-acre parcel and an approximately 6-acre parcel. Therefore, under the current zoning, as the property exists, two separate residential permits could basically be issued today. The proposal before the Town Board is to reduce the residential density further to the potential for 1 new residential dwelling only, and to eliminate the potential for any further residential subdivision of this property. This, combined with the preservation of a total of approximately 24 acres, preserves almost 93% of the total property, and reduces the overall density by over 93%. Unlike some other properties that the town is involved in acquiring development right easements, this farm parcel was for sale with all fights intact. Because the parcel was for sale, the Town's Land Preservation Committee considered this farm significantly threatened by the possibility of development. Because this parcel contains 100% agricultural soils, is currently 100% in an agricultural use, contains extensive scenic road fi'enrage, and is in the middle of the Town's major agricultural area the Committee felt strongly that this farm should be preserved with as little development as possible. The Town's agricultural de),elopment rights program supports the Town purchasing development right easements, and for the u*derlying farmland to remain in private ownership. It is believed that private ownership of farmland Frovides the best method for keeping land in active agriculture with the individual farmers, rather then the town, being the stewards of the land. Since this property was for sale with all rights intact, the Town was lucky to be able to have the Peconic Land Trust facilitate a deal that allowed the landowner to sell the property with all rights intact to the Peconic Land Trust, allowed the Town to purchase the development rights from the Peconic Land Trust, and will allow a private landowner to purchase the restricted property from the Peconic Land Trust as preserved farmland. Before closing, I'd like to thank the Pecoulc Land Trust, and especially Tim Caufield for working with the Town on, this project to make this happen. This is a win/win situation for the landowner and the Town. Tim has spent many hours, probably days and months, facilitating this acquisition and making this happen. I'd also like to thank the landowner, Ann Marie Krupski for working with the Peconic Land Trust to make this happen. Thanks. SUPERVISOR HORTON: Thank you, Melissa. Would anybody care to address the Board on this particular public hearing? Yes, Mr. Caulfield. TRvl CAULFIELD: Thank you and good ~emoon. My name is Timothy Caulfield, I am with the Peconic Land Trust and here tonight on behalf of our Board of Directors and am very pleased to be part of the preservation effort and obviously very much in support of this preservation effort. I thought it might be helpful just to take a moment to clarify, for the public record, the Land Trust's role with this Uamaetion. We were aware that the property had been on the market pretty much for much of this September 21, 2004 Public Hearing-IC'upskl Purchase 3 current year, early this year is when we first became aware that it was on the market and we were concerned, as the Town was, that there would be development. It wasn't though, until the Town's Planning Department and the Town's Land Preservation Department and Committee contacted us that we got actively involved. And our initial efforts were towards acquiring just the purchase of development fights. When we contacted the landowner, it became clear pretty quickly, that there was an urgency to sell the entire property and that we really needed to find an alternative way to approach this project, so we began working on a plan to acquire the whole property. After a number of months of negotiation, we made an offer to purchase the property at a price of $1.65 million, at a bargain sale price, and the owner accepted that. The funds that we are using to purchase this property are coming fi:om a revolving fund. The Land Trust has received a restrictive grant fi:om the Peter J. Sharp Foundation, which is to be used solely for this purpose. To acquire properties that are immediately in danger of being developed, so that we can protect them and then get them back into the private sector. So we want to thank the Peter J. Sharp Foundation for supporting us in this acquisition. It is our intention, obviously, to just sell the property after it has been protected, to get it back into private hands and hopefully, back into production as soon as we can. And again, we want to thank the Town Board for your interest in the project, thank Ann Krupskl for her patience in working with us and obviously the Land Preservation Committee for helping make .t~is happen. So we look forward to bringing this to a conclusion. Thank you. SUPERVISOR HORTON: Thank you, Mr. Caulfield. Would anybody else care to address the Board on this specific public hearing? Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Jr., Southold. I would just like to support this purchase by the Town. I think it is exactly the kind of preservation the Town should be doing in the Town of Southold. Thank you. SUPERVISOR HORTON: Thank you, Mr. Nickles. Are there othe: comments fi:om the floor? (No response) We will close this hearing. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 678 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on certain parcels of property of agricultural lands owned by Ann Marie Kmpski/Peconic Land Trust (contract vendee), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said properties are identified as SCTM #1000- 95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; 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. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVZRONMENTAL ASSESSMENT FORM For UNLZSTED Ac'rzoNs Only PART Z-PRO3ECT ZNFORHAT/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLiCANT/SPONSOR: $outhold Town Board i 2. PRO3ECT NAME: '~'t'U~,~ 3. PRO3E~ LO~ON: ~ ~' ~;~ ~ u~ ;Y; ~, Mu.idpali~: ~ ~ Count: 4. PRE,SE L~ON: (S~et add~ and road inte~e~ons, prominent landman, etc, or provide map) 5. IS PRO~SED A~ON: ~ New ~nsion 6. DE~BE PR~E~ B~EFLY: 7. RMOU~ OF ~D AFFE~D: IN'ALLY g~'7 acres ULH~TELY 2~'7 aees 8. WZLL PROPOSED ACT/ON COMPLY W%TH EXZSTZNG ZONING OR OTHER EXZSTZNG LAND USE RESTR/CT/ONS? ~ Yes ~ No /fNo, de$cdbe briefly 9. WHAT %S PRESENT LAND USE %N VZCINITY OF PRO3ECT? ~ Residential ~ Commercial ~ Indus~ial ~ Agriculture ~ Park/Forest/Open space ~ Other 20. DOES AC'F[OH %NVOLVE A PERMrF APPROVAL, OR FUND%HG, NOW OR UL1/MA"rELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL}? ~ Yes ~ No ~lyes, Ii~t agency(s) andperm/t/approvaIs 11. DOES ANY ASPECT OF THE ACT/ON HAVE A CURRENTLY VALTD PERMIT OR APPROVAL? ~ Yes ~ No if yes,//st agency(s) andpermit/al~proval$ 12. AS RESULT OF PROPOSED AC1/ON IN[LL F.X~S'I/NG PERMIT/APPROVAL REQUIRE MODZF~CAT/ON? ! CERT/FY THAT TNE INPORMA'FJON PROVTDED ABOVE ~S TRUE TO THE BEST OF MY KNOWLEDGE Applicant/spensorName: ~4~-~C'~ L~.~.~ Coo . Date: Signature %f the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Fon~ before proceeding with this assessment _pART 1/-ENV~RONHENTAL ASSESSHENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE ir THRESHOLD tN 6 NYCRR, PART 617.47 ~ Yesr'~ Nolfyescoordinatethere~ewpro~e~andusethefull~F B. WtLL ACITON RECEIVE COORDtNATED REVIEW AS PROVIDED FOR UNIZSTED ACTIONS tN 6 NYCRR, PART 617.67 YesI¥' No If no, a negab~,e dedarabbn may be su~pended by another involved agency C. COULD ACI~ON RESULT ZN ANY ADVERSE EFFECTS ASSZOC~ATED ~ THE FOLLOW/NG: Answers may be handwritten, if legible) C1. ExisUng air quality, sun'ace or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or dispo,~l, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, arohaeological, histodc or other natural or cultural reseuroes; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna fishes shellfish, or wildlife spodes, significant habitats, or threatened or endangered species? Explain briefly: C . A community s exisbng plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5 Gro~v~n u .l~j ~,~ , s bsequent development, or related acfivities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other Impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. W~LL THE PROJECT HAVE AN tH PACT ON THE ENVIRONMENTAL CHARACI~I~CS THAT CAUSED THE ESTABLTSH HENT OF A CEA? ~ Yes~;;~ No E, 1'S THERE~ OR ZS THERE LTKELY TO BEt CONTROVERSY RELATED TO pOI~NTr_AL ADVERSE ENV/RONHENTAL ][[4 PACTS? Yes No PART ~to DETERHINATLON OF S%GN%FZCANCE (To be completed by Agency) IN~-R,~JCTIONS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be ascossed in connection with its la) setting (i.e. urban or rural); probability of occurring; lc) durabon; (dO irreversibility; (e) geographic scope; and (fi magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequate[y addressed. If question D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental charactedsUcs of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENV]RONHETNAL ASSESSHENT FORH and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action W~LL NOT result in any significant adverse environmental impacts AND provirie on attachments as necessary, the reasons supporting this detorminati~g~. Name of 14~ac~Agency Title,of Rt~J~nsible Officer S'gnat'ure o~'~ pr-epare(:f d'ff~nt ~rn of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 714 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 21, 2004: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on agricultural lands for certain parcels of property owned by Ann Made Krupski/Peconic Land Trust (contract vendee), on the 21st day of September, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as SCTM #1000-95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district; and WHEREAS, the development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as SCTM #1000-95-4- 10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to active farms, and is adjacent to and in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on certain properties of agricultural lands owned by Ann Marie Krupski/Peeonic Land Trust {contract vendee)~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said properties are identified as SCTM #1000-95-4-p/o 9 and #1000-95-4-10. The addresses are 8900 Oregon Road and 7155 Depot Lane, respectively, and are two separate adjoining lots beginning at the southwesterly comer of the intersection of Oregon Road and Depot Lane approximately 508 feet southwesterly along Oregon Road and a total of approximately 2111 feet southeasterly along Depot Lane in Cutchogue. Both lots are located in the A-C zoning district. The development rights easement comprises approximately 4.3 acres of the 6.3 acre parcel identified as SCTM #1000-95-4-9 and the entire parcel identified as S CTM #1000-95-4-10, that being approximately 20.4 acres. The exact area of the development rights easement is subject to survey. The purchase price is $40,000 (forty thousand dollars) per buildable acre for the 4.3 acre easement and $35,000 (thirty-five thousand dollars) per buildable acre for the 20.4 acre easement. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT PECONIC LAND TRUST (Ann Marie Krupski) to TOWN OF SOUTHOLD Development Rights Easements -- 24.038 acres Parcel 1 - SCTM #1000-95.4-p/o 9 Premises: 8900 Oregon Road, Cutchogue 4.2546 acres @ $40,000/acre = $170,184.00 (Right of Way = 0.0874 acre excluded from sales price) Parcel 2 - SCTM #1000-95-4-10 Premises: 7155 Depot Lane, Cutchogue 19.696 acres @ $35,000/acre -- $689,360.00 Closing took place on Thursday, September 23, 2004 at 12:30 p.m., Southold Town Hall Purchase Price of $ 859,544.00 disbursed as follows: Payable to Ann M, Krupski, as Trustee of the Ann M. Krupski Living Trust Check #78240 (9/23/04) $ 859,544.00 Expenses of Closing: Appraisal $ 2,600.00 Payable to Given Associates Check #77953 (9/7/04) Survey $ 1,725.00 Payable to Peconic Land Trust (50% reimbursement of John C. Ehlers Land Surveyor invoice) Check #78241 (9/23/04) Environmental Report $ 750.00 Payable to Peconic Land Trust (50% reimbursement of Advanced Cleanup Technologies, Inc. invoice) Check # 78241 (9123104) Title Report $ 4,855.00 Payable to Fidelity National Title Insurance Co. Check #78238 (9/23/04) Fee insurance (parcel #1) Recording deed (parcel #1) $1,082.00 $ 250.00 Fee insurance (parcel #2) Recording deed (parcel #2) $3,273.00 $ 250.00 Title Closer Attendance Fee $ 150.00 Payable to Karen Hagen, Esq. Check #78239 (9~23~04) Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Susan Tufts, Esq. Timothy Caufield Peri Grandone Ann M. Krupski Rudolph H. Bruer, Esq. Andrew Stype Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Attorney for Peconic Land Trust Vice President, Peconic Land Trust Sr. Projects Manager, PLT Property Owner Attorney for Property Owner Broker for Property Owner Title Company Closer Land Preservation Coordinator Peconic Land Trust, Incorporated 296 Hampton Road · Southampton, NY 11968 September 21, 2004 Town of Southold Main Road Southold, NY Re: Peconic Land Trust with Town of Southold Premises known as 8900 Oregon Road and 7155 Depot Lane, Cutchogue Ladies and Gentlemen: Please have the purchase price of development rights due at closing for the above properties paid directly to the current owner, Ann M. Kzupski, as Trustee of the ipinn M. Krupski Living Trust. Peconic Land Trust, Incorporated Vice President VENDOR 011669 ANN M. KRUPSKI,AS TRUSTEE 09/23/2004 CHECK 78240 P (] :~ T'kTVC~TC"R nnnCRTPTTON AMOT~T H3 .8660.2.600.100 092304 H3 .8660.2.600.100 092304 DEV RIGHTS-4.2546 170,184.00 DEV RIGHTS-19.696 689,360.00 TOTAL 859,544.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 .GIVEN PATRICK A. GIVEN, SRPA box 5305,550 route 111 ® hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 August 26, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southold Department of Land Preservation PO Box 1179 Southold, New York 11971-0959 Appraisal of Real Property of Ann Marie Krupski S.C.T.M. #1000-95-4- plo 9 and 10 $2,600.00 File #2004158 ~08S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti 8/12/2003 8/12/2003 H3 .600 .Y. 8/12/2003 8/12/2003 8/26/2003 9/09/2003 9/23/2003 11/18/2003 12/02/E003 12/02/2003 3/09/2004 3/23/2004 4/06/2004 4/20/2004 9/07/2004 8/12/2009 H3 .600 8/12/2003 H3 .6OD 8/26/2003 A .600 9/09/2003 H3 .600 9/23/2003 H3 .600 11/18/2003 H3 .600 12/02/2003 H3 .600 12/02/2003 H3 .600 3/09/2004 H3 .600 3/23/2004 H3 .600 4/06/2004 H3 .600 4/20/2004 H3 .600 9/07/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............ Detail--GLlOON .............. W-09072004-462 Line: 86 Formula: 0 Account.. H3 .600 Acct Des: ACCOUNTS PAYABLE Trx Date..;.. 9/07/2004 SDT 9/09/04 Trx Amount... 2,600.00 Description.. APPRAISAL-KRUPSKI PROP Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 77953 SCNB Invoice Code. 2004158 VOUCHER ...... P.O. Code .... 12745 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 9/07/2004 Date Cleared. F3:Exit F12=Cancel F21=Image TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 DATE 09/23/2004 KRUPSKI CLO ~ %. CHECK NO. AMOUNT 78241 $2,475 · O0 TWO THOUSAND FOUR HUNDRED SEVENTY FIVE AND 00/100 DOLLARS PAYTO PECONIC LAND TRUST, INC. THE 296 HAMPTON ROAD ORDER OF PO BOX 1776 sOUTHAMPTON NY 11969 DOOODN O,' VENDOR 016140 PECONIC LAND TRUST, INC. 09/23/2004 CHECK 78241 H3 .8660.2.600.100 H3 .8660.2.600.100 T~IVOTCR 2004358 3845-CUNY DESCRIPTION AMOUNT SURVEY-KRUPSKI PROP 1,725.00 ENVIRON RPT-KRUPSKI P 750.00 TOTAL 2,475.00 k TOWN OF SOUTHOLD · SOUTHOLD, NY 1197!-0959 09/21/2004 08:20 6312040711 PECONIC LAND TRUST PAGE O2 JOHN C. EHLERS LAND SURVEYOR 6 EastMain Street Riverhead, NY 11901 Phone: 631-369-8288 Fax:631-369-8287 IBill To .......... /-~CO'-~'La.d Trust ............ P.O. Box 1776 Southampton, N.Y, 11969 Your Client IL§il 3[~2e~f Service L DesCription 1000-95-.4-9 9/15/2004 Current survey of 20.4 ac vacant land described as 1000-95-4-10 Invoice _~ECEIVED ........... SEP 1 & 2004 PECONtC LAND TRUST, sc~,, I ..... '~-'."°-~-" ....... 1000-95-4-g&10.__[ 04-Z48 ...... l ...... _.,_.,,,_u._,.. 1,200.00 2,250.00 I Total $3,450,00 Balance Due $~.4so.oo August20,2004 Ms. Peri Youmans Peconic Land Trust P.O. Box 1776, 296 Hampton Road Southampton, New York 11969 Melissa Spiro Town of Southold P.O. Box 1179 Southold, New York 11971 Re: Phase I Envkonmemal Site Assessment 8900 Oregon Road/7155 Depot Lane, Town of Southold, New York 11935 District 1000, Section 95, Block 4, Lots 9 and 10 Dear Ms. Yomnans: As per July 26, 2004 Contract: ACTMTY --INVOICE, COST Performance of a Phase I Environmental Site Assessment at the above referenced property Amount Due: $1,500.00 $1,500.00 3845-CUNY 115 Rome Street · Farmingdale, New York 11735 ° Tel: 631/293-4992 · Fax: 631/293-4986 1000 7th North Street, Suite B-30 · Liverpool, New York 13088 ° Tel: 315/451-9720 · Fax: 315/451-9727 E-maih advancedcleanuptech.com TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 KRUPSKI DATE CHECK NO 09/23/2004 78238 FOUR THOUSAND EIGHT HUNDRED FIFTY FIVE AND 00/100 DOLLARS CLO 8238 NO. AMOUNT $4,855.00 PAY TO THE ORDER OF FIDELITY NATIONAL TITLE INS 24 COMMERCE DRIVE RIvERHEAD NY 11901 CO ,,078a~,8,, ,-'O;~i, hOShF=h,.' r.~, 00000~, 0,' VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 09/23/2004 CHECK 78238 P.©.~ TNVQTCE H3 .8660.2.600.100 092304 H3 .8660.2.600.100 092304 H3 .8660.2.600.100 092304 H3 .8660.2.600.100 092304 DESCRIPTION AMOUNT TITLE-KRUPSKI/PL 1,082.00 TITLE-KRUPSKI/PL 3,273.00 #1 REC EASEMENT-KRUPS 250.00 #2 REC EASEMENT-KRUPS 250.00 TOTAL 4,855.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 ONE HUNDRED FIFTY AND 00/100 TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 DATE 09/23/2004 DOLLARS CLO % 2 3 9 ~0. CHECKNO AMOUNT 78239 $250.00 PAY TO KAREN HAGEN THE 2675 KERWIN BOULEVARD ORDER OF GREENPORT NY 11944 ,'07825q11' 1==021,~OSl~61~m== ~-~ O00OOl~ Oil' VENDOR 007707 KAREN HAGEN 09/23/2004 CHECK 78239 P.0.# H3 .8660.2.600.100 H3 .8660.2.600.100 INVOICE 092304 092304 DESCRIPTION AMOUNT TITLE CLOSER-#i KRUPSK 75.00 TITLE CLOSER-#2 KRUPSK 75.00 TOTAL 150.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 15 Receipt Number : 04-0107819 TRANSFER TAX NUMBER: 04-09033 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 095.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $170,184.00 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 04-09033 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 09/28/2004 04:14:13 PM D00012346 0O6 Lot: 009.002 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $0.00 NO $0.00 NO $275.00 Edward P.Romaine County Clerk, Suffolk County OCT 2 6 20O4 DEPT. OF LAND PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed ! Mortgage Tax Stamp RECORDED 2004 Sep 28 04:14:i3 Edward P.Ro~aine CLERK OF SUFFOLK COUNTY L D000!2~46 P 006 DT# 04-09033 Recording / Filing Sta~ 31 Handling 5. 00 TP-584 q~'~ Notation EA-52 17 (County) q)~ R.P.T.S.A. , ~I~) 00 Comm. of Ed. 5, 00 Affidavit Certified Copy NYS Surcharge 15. 00 Other 4 Dist. · Block Real Property Tax Service Agency Verification FEES Grand Total 1000 09500 0400 009002 I Satisfactions/Discharges/Releases List Property Owners Address Mailing RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual Co~ Held for Appointment Transfer Tax ~ Mansion Tax The property covered by this or will be improved by a family dwelling only. YES __ or NO__ If NO, see appropriate tax cia page # __ of this instm~ 5 Oommunity Preservati~ Amo_unt_$ J~ Improved _ Vacant Lar TD TD 7 ] Title Company Informatior Co. Name ~r7 "~fl~,) ~b.,.,g' XJd~27v~ Suffolk County Recording & Endorsement TMs page fo~s p~ of me attached ~/./~d~/~3 ~X~/ (SPECIFY ~YPE OF ~TRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of ,~'oc-t~J'~O ~ In die VILLAGE or HAMLET of ~-k)-I-C.~OC~k) BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDING OR } GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ~ day of September, 2004 at Southold, New York. The parties are PECONIC LAND TRUST~ INCORPORATED, 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968 (herein collectively called "Grantor"), and the TOWN OF $OUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-95-4-9, more fully described in Schedule A and shown on a survey prepared by John C. Ehlers dated September 2, 2004 hereinafter referred to as the "Property"; and including an easement set forth in said Schedule A attached hereto and made a part hereof; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property as scenic open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE HUNDRED AND SEVENTY THOUSAND-ONE HUNDRED AND ETGHTY-FOUR ($170,184.00) DOLLARS and other good and valuable consideration paid to the Grantor, FOR DEVELOPMENT RIGHTS ~ PART OF TAX LOT 9: ~;~ ~)I,I.L ~ t~ ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the West side of Depot Lane 515 feet to the northerly line of other lands conveyed by Krupski to Peconic Land Trust and intended to be the recorded simultaneously herewith; THENCE along said aforementioned land South 51 degrees 46 minutes 41 seconds West, 235.90 feet to a point; THENCE North 38 degrees 31 minutes I0 seconds West along other lands of the grantor 282.85 feet; THENCE South 51 degrees 46 minutes 41 seconds West, 282.85 feet to lands now or formerly of Mattituck, }loldings LLC and Town of Southold; THENCE North 38 degrees 31 minutes 10 seconds West along said last mentioned lands and later along lands now or formerly of John G. Dmaleski and Karen A. Helinski 254.05 feet to the South side of Oregon Road; THENCE North 54 degrees 17 minutes 17 seconds East along the South side of Oregon Road, 505.77 feet to the point or place of BEGIN NING. RESERVING unto the grantor herein, its successors and assigns an Easement of 15 feet by 254.05 feet for ingress and egress to and from the lands of the grantor of 1.836 acres designated as "Building Parcel" on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004, to and from Oregon Road; the location of such Easement to be determined by grantor, or its successors and assigns. the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument, and reserving to Grantor the Easement set forth in Schedule A. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status ., Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Hunicipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's conservation, open space and agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated September 2, 2004 prepared by .lohn C. Ehlers and an Environmental Site Assessment dated August 20, 2004 prepared by Advanced Cleanup Technologies, [nc. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein calred the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than open space and/or agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapters 25 and 59 of the Town Code of the Town of Southold (the "Code"). 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by Section 4.06 and by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code. For the purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep ~ut predator animals Approvals for structures shall be as required by apm~cable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Grantee, provided that such subdivision does not defeat or derogate from the purposes of this Easement. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service the permitted structures. 3.07 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall be prohibited, except as permitted in Sections 4.03 and 4.06. For the purposes of this section, agricultural production, as defined in Chapter 25 of the Town Code shall not be considered a commercial use. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.9 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.:~0 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby grants to Grantee all existing Development Rights (and any further Development Rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre- existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. Grantor retains the right to use the Property for otherwise lawful passive recreational uses, including, but not limited to non-commercial hunting and horseback riding, provided that such uses are incidental to the purposes of this easement. 4.04 Landscapinq Activities Grantor shall have the right to contigue the current modes of landscaping, pruning and grounds mainte~ance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on Lhe Property with the prior written approval of Grantee, and as such approval may be required by the Town Code of the Town of Southold and the Town Land Preservation Committee or its successor committee. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easement or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and/or control stormwater runoff; (ii) Fences, if placed so as not to block or detract from the scenic view; and Agricultural structures that are necessary, incidental and accessory to the agricultural use of the property, limited to two (2%) percent lot coverage of the ProperLy; (iv) Structures that are necessary, incidental and accessory to passive recreation, limited to an aggregate of 400 square feet, which shall be included in the lot coverage limitation set forth in (iii) above; (v) Access drives, to provide access to the improvements permitted herein and to and from the lands of Grantor designated as "Building Parcel" on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004 over the easement set forth in Schedule A attached hereto and made a part hereof. B. Replacement of Tmprovements: '~n the event of damage resulting from casualty loss or normal wear and tear to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee. C. Environmental Sensitivity During Construction: The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not lir,lited to minimal removal of vegetation, minimal movement of earth and ;.ninimal clearance of access routes for construction vehicles. ~.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, pursuant to Sections 4.03 and 4.06, which could adversely affect the scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent OF temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the need for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, Liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowinq Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to Mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after 30 days notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection , Grantee shall have the right to enter ~Jpor~ the Property once each calendar year, upon prior notice to Grantor, and in a manner that will not Interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of Inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04, or to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have thi~ right to require the Grantor to restore the Property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement RIclhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by/ Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, To enter upon the Property and exercise reasonablc efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or 0ii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to en~ure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. ~-m',lw sha.. F~y Lu ...... ~ ther directly or by reimbursement, the prevailing party, as determined by a court of competent jurisdlction,]~l"---'--- reasonable attorneys' fees, court costs and other expenses incurred (herein 9 J called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall bE delivered by hand or registered mail, return receipt requested, or by certifiec mail, with sufficient prepaid postage affixed and with return receipts requested. Hailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Hailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE STX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment/Condemnation / This Easement gives rise to a property right and interest vested in the Grantee as of the effective date of this grant. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the effective date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is herein referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, this Easement may be terminated or extinguished by a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and after the satisfaction of prior claims and net of any costs or expenses associated with such sale, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time (minus any amount attributable to the value of the improvements made by Grantor after the effective date of this Easement, which amount is reserved to Grantor). In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement ]0 [f all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantor and Grantee shall be respectively entitled to compensation in conformity with the previous unnumbered paragraph of this Section 6.06 (with respect to the allocation of proceeds). Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN. MISCELLANEOUS 7.0:[ Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land, and according to other applicable provisions of state law and by mutual consent of the parties. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easemenl shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, TNCORPORATED (Grantor) B~Y3~. FIELD, Vice-President ACKNOWLEDGED AND ACCEPTED: TOWN OF ~(~ UTHOLD(Gra ntee) ]~h'ua Y. H~)rto~ ~upervisor ]2 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this~ d~a of.~ y · 'n u~e year zuu4 be~f,o~j~.j~e, the personally appeared ~o~ ~onally known to me undersigned, or proved to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, Notary Publi~ KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21.20 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On thi?-~V~ay of..~7[, i,n./~, evear. ~.~, / _ ,,~.,..200,4 befoEe me, the undersigned, personally aPpearecL/~;/~i/./-fz~/-,~l~ersonallv known to me or proved to me on the basis- ---'"~'~"~-- -of satisfactor~'~vidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed/the instrument, ~ ~ ~'"~ ~)_~)./~.~ KAREN J HAGEN C:\Ny Documents~Anne\Town of Southold Deeds of Development Rights\Lot 9 PLT DRE Final Version 922.do~ SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 15 Receipt Number : 04-0107819 TRANSFER TAX NUMBER: 04-09032 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 095.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $689,360.00 Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $30.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 04-09032 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 09/28/2004 04:14:13 PM D00012346 005 Lot: 010.000 Ex,~mpt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $0.00 NO $0.00 NO $275.00 OCT 2 6 2004 DIP'[ O~ LAND PRESERVATION TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED 2004 Sop 28 04:14:13 PM Edward P.Romaine CLERK OF SUFFOLK COUNTY L D00012346 P 005 DT# 04-09032 Recording / Filing Stamps Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) ~'~ Sub Total EA-5217 (State) [ R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. 00 Sub Totv, Other l Gr,~':d Total FEES I Section Real Property Tax Service Agency Verification I Bl~Tt'Tff~° Lot 10o0 09500 0400 olo00o I Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual Count3 Held for Appointment __ Transfer Tax ~-~r~h0 ~'' Mansion Tax The property covered by this mot or will be improved by a one family dwelling only. YES or NO If NO, see appropriate tax clause page # __ of this instmmer 5 Community Preservation Consideration Amount $ Due $ ~----~ Improved __ Vacant Land TD /~_ TD 7 I Title Company Information Co. Name ,~'a~/'.~ Title# '~'~>~'5~ Suffolk County Recording & Endorsement Pap This page forms part of the attaches ~ ~j~'~.O6-'~'~,rfcC~ (SPECIFY TYPE OF INSTRU1VIENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of x~ ~ff-~ In the ViLLAGE or HAMLET of QA/"~ ~{}O-[l~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILI GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the ¢~J day of September, 2004 at Southold, New York. The parties are PECONII LAND TRUST~ :~NCORPORATED, 296 Hampton Road, P.O. Box 1776, Southampton, New York 11968 (herein collectively called "Grantor"), and t TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SCTM #1000-95-4-10, more fully described in Schedule A, attached hereto and made a part hereof and shown on the survey prepared by .lohn C. Ehle dated September 2, 2004 hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold. WHEREAS, the Property is part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property as sceni open space as defined in the Town Code of the Town of Southold, or in an agricultural capacity as defined in this Easement; and WHEREAS, the Property is currently undeveloped and open; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, t protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values o the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to gra a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of SIX HUNDRED AND ETGHTY. NINE THOUSAND-THREE HUNDRED AND SIXTY ($689,360.00) DOLLARS and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby gran ~ ALL OF TAX LOT 10: (for development rights): ~_.~ C, ~'~ ~ ~ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Depot Lane distant 515.00 feet southerly from the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane as measured along the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East, 1596.06 feet to the northerly line of lands now or formerly of Suzanne M. Krupski and John P. Krupski, Jr.; THENCE South 47 degrees 48 minutes 50 seconds West along said lands now or formerly of Krupski and later along lands now or formerly of Joseph Matwieczyk and lands now or formerly of Thomas J. Matrick 544.74 feet to lands now or formerly of Mattituck Holding LLC and Town of Southold; THENCE North 39 degrees 07 minutes 20 seconds West along said last mentioned lands 1633.13 feet to the South side of Parcel I herein; THENCE North 51 degrees 46 minutes 41 seconds East along said South side of Parcel I herein 518.75 feet to the West side of Depot Lane the point or place of BEGINNING. transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part c this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forev6 reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shal constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0! Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status ,,Grantee warrants and represents to Grantor that Grantee is a mun!'cipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquil fee title or lesser interests in land, including development rights, easement~ covenants, and other contractual rights which may be necessary or desirab for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the natural, scenic and agricultural values of th~ Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Propert by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its scenic, agricultural and natural values by preventing the use or development of the Property for any purpose or in an manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoqnition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Sectiof 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting ti" Property's conservation, open space and agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activiti on the Property and ensuring compliance with the terms hereof, Grantee i' prepared, with Grantor's cooperation, a survey dated September 2, 2004 prepared by .lohn C. Ehlers and an Environmental Site Assessment dated August 20, 2004 prepared by Advanced Cleanup Technologies, ]nc. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein / called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall inclu( any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than open space and/or agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 25 and 59 of the Town Code of the Town of Southold (the "Code"). 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors an assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of thos< persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together wit all rights to enforce it. Grantee hereby accepts this Easement in perpetuity and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses an( practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except permitted by Section 4.06 and by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code. For the purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitatio~ fencing to keep out predator animals. Approvals ff~r structures shall be as required by applicable provisions of the Town Co~e. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, i prohibited. The remeval of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Grantee, provided that such subdivision does not defeat or derogate from the purposes of this Easement 3.04 Dumoina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude 4 materials used in the normal course of sound agricultural practices, includin fertilization and composting. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property o any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utilib, poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilitie: must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service the permitted structures. 3.07 Prohibited Uses The use of the Property for any residential, commercial or industrial uses and structures related to those uses, permanent or temporary, shall b~ prohibited, except as permitted in Sections 4.03 and 4.06. For the purpose~ of this section, agricultural production, as defined in Chapter 25 of the Towr Code shall not be considered a commercial use. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) thal are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.9 Drainage The use of the Property for a leaching or sewage disposal field shall prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby grants to Grantee all existing Development Rights (and any further Development Rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre- existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. Grantor retains the right t< use the Property for otherwise lawful passive recreational uses, including, but not limited to non-commercial hunting and horseback riding, provided that such uses are incidental to the purposes of this easement. 4.04 Landscapinq Activities , Grantor shall have the right to continue the current modes of la:~dscap~ng, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural activity as the term is referenced in Section 247 of the General Hunicipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement, 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property with the prior written approval of Grantee, and as such approval may be required by the Town Code of the Town of Southold and the Town Land Preservation Committee ol its successor committee. Approval may be granted if the structure or improvement does not defeat or derogate from the purpose of this Easemen or other applicable laws. These structures and improvements include: (i) Underground facilities used to supply utilities and/or control stormwater runoff; (ii) Fences, if placed so as not to block or detract from the scenic view; and 6 Agricultural structures that are necessary, incidental and accessory to th agricultural use of the property, limited to two (2%) percent lot coverag, of the Property; (iv) Structures that are necessary, incidental and accessory to passive recreation, limited to an aggregate of 400 square feet, which shall be included in the lot coverage limitation set forth in (iii) above. (v) Access drives, to provide access to the improvements permitted herein B. Replacement of Improvements: In the event of damage resulting fron casualty loss or normal wear and tear to an extent which renders repair of any existing improvements impractical, erection of a structure of comparab size, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approva of Grantee. C. Environmental Sensitivity During Construction: The use and location ¢ any improvement permitted hereunder shall be consistent with the purpos~ intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including bL not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, pursuant to Sections 4.03 and 4.06, which could adversely affect the scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein. Grantor shall provide Grantee with complete documentation including any applications, information on the nee for and use of such structures, and architectural plans of any proposed structures, if applicable. This notice is in addition to any other governmental aoplications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee. and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, Liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of a rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee ol any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injuw to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowinq Requirement In the event Grantor seeks to leave the Property open and fallow, an not perform or use the Property for agricultural production, then Grantor hereby agrees to How the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of tt section after 30 days notice is given to Grantor by Grantee, then, in additic to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RTGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property once each calendar year, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purpose,, and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04, or to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have the right to require the Grantor to restore the Property to the condition existing prior to the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open spa,Je values or otherwise to further the purposes of this Easement), Grantee sk, iall have the right at Grantor's sole cost and , / expense and at Grantee ~'election, (ii To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Gr;ntcr sh~!! pa;' to Grgntee,~ther directly or by reimbursement, the prevailing party, as determined by a court of competent jurisdiction,j~i~ reasonable attorneys' fees, court costs and other expenses incurred (hereir called "Legal Expenses") in connection with any proceedings under this Section. ~J I*~ p~; ~ or re, mbCrs~ 6.04 Notice All notices required by this Easement must be written. Notices shall b~ delivered by hand or registered mail, return receipt requested, or by certifie¢ mail, with sufficient prepaid postage affixed and with return receipts requested. Nailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Nailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shell not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment/Condemnation This Easement gives rise to a property right and interest vested in the Grantee as of the effective date of this grant. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the effective date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is herein referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, this Easement may be terminated or extinguished by a judicial proceeding in a court of competent jurisdiction. Unless otherwise required by applicable law at the time, in the event of any sale of all or a portion of the Property (or any other property received in connection with an exchange or involuntary conversion of the Property) after such termination or extinguishment, and after the satisfaction of prior claims and net of any costs or expenses associated with such sale, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time (minus any amount attributable to the value of the improvements made by Grantor after the effective date of this Easement, which amount is reserved to Grantor). In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purpose of this Easement If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting from the taking. All expenses ]0 reasonably incurred by the parties to this Easement in connection with suc~ taking shall be paid out of the recovered proceeds. Grantor and Grantee shall be respectively entitled to compensation in conformity with the previous unnumbered paragraph of this Section 6.06 (with respect to the allocation of proceeds). Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants rdnning with the land, and according to other applicable provisions of s~ate law and by mutual consent of the parties. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Tow Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to person or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validit! construction, interpretation, breach, violation and performance. ]! 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easeme shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict constructk designed to limit the breadth of the restrictions on use of the Property shal not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easemer which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted grant, to the public any right to enter upon the Property. 7.08 Warranties Tl'e warranties and representations made by the parties in this Ease~,ent shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office ol the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED (Grantor) By: t]:~O~CAUFIELD, Vice-President ACKNOWLEDGED AND ACCEPTED: TOWN OFZOUTHOLD(Grantee) dhua Y] ~6rtOd 12 Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrurp~t, Notary Public - ~ ~ '~ KAREN J. HAGEN NOTARY PUBUC, State of New York No. 02HA4927029 Qualified in Suffolk County Cemmission Expires March 21,20 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this~r~'~ay of.,~', in the year 2(~04~ bef,0[e,,me, the undersigned, personally appe' ared~J~44 ~(',/-)~2~r~r/sonally known to m / or proved to me on the basis of satisfactory'evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. NOTARY PUBLIC, State of New York NO. 02HA4927029 ~ Notary Qualified in Suffolk County Public ~ Commission Expires Ma~ch 21, 20 C:\Ny Documents~nne\Town of Southold Deeds of Development Rights\Lot 10 PLT DRE Final Version 922.doc 13 T I T L E P O L I C I E S O Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POLICY A Stock Company NUMBER 26'031'92' 9 5 ~ 2 5 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of lnsurance 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, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK (PLEASE PRINT NAME) FORM 26-031-92 (411193) ALTA OWNER'S POLICY - 1992 (Revised 10-17-92) OFidelity National Title Insurance Company Policy No.: 26-031-92-95125 Title No.: 04-3704-58855-SUFF Amount of Insurance: $170,184.00 1. Name of Insured: SCHEDULE A Date of Policy: September 23, 2004 at 9:00 AM Town of Southold The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: Town of Southold by means of a Grant of Development Rights from Peconic Land Trust Incorporated dated September 23, 2004 and recorded in the Suffolk County Clerk's Office on October 28, 2004. The land referred to in this policy is described as follows: See Schedule A-l (Description), following. Schedule A Owner's Policy Page 1 Rev. (02/04) Fidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 26-031-92-95125 of FIDELITY NATIONAL TITLE INSURANCE COMPANY 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." The following is added to Paragraph 7 to the Conditions and Stipulations of this policy: "(d) ~lf the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or incumbrances, 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 validating signatory, is made a part of the policy and is subject to all the Exclusions fi.om 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 signatory and couotersigned on the date hereinafter set forth. / Signed and Sea'led: September 23, 2004. Countersigned: Fidelity National Title Insurance Company Stmadard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92) Rev. (02/04) (Owner Policy93) Fidelity National Title Insurance Company Policy No: 26-031-92-95125 Title No.: 04-3704-58855-SUFF SCHEDULE A-1 Description PARCEL I FOR DEVELOPMENT RIGHTS - PART OF TAX LOT 9: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the corner formed by the intersection of the South side of Oregon Road with the West side of Depot Lane; RUNNING THENCE South 40 degrees 01 minutes 47 seconds East along the West side of Depot Lane 515 feet to the northerly line of other lands conveyed by Krupski to Peconic Land Trust and intended to be the recorded simultaneously herewith; THENCE along said aforementioned land South 51 degrees 46 minutes 41 seconds West, 235.90 feet to a point; THENCE North 38 degrees 31 minutes 10 seconds West along other lands of the grantor 282.85 feet; THENCE South 51 degrees 46 minutes 41 seconds West, 282.85 feet to lands now or formerly of Mattituck, Holdiogs LLC and Town of Southold; THENCE North 38 degrees 31 minutes 10 seconds West along said last mentioned lands and later alo~ns lands now or formerly of John G. Dmaleski and Karen A. Helinski 254.05 feet to the South side of Oregon Road;,/ THENCE North 54 degrees 17 minutes 17 seconds East along the South side of Oregon Road, 505':77 feet to the point or place of BEGINNING. RESERVING unto the grantor herein, its successors and assigns an Easement of 15 feet by 254.05 feet for ingress and egress to and from the lands of the grantor of 1.836 acres designated as "Building Parcel" on survey prepared by John C. Ehlers, Land Surveyor dated September 2, 2004, to and from Oregon Road, the location of such Easement to be detemained by grantor, or its successors and assigns. Fidelity National Title Insurance Company Policy Number: 26-031-92-95125 Title No.: 04-3704-58855-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason off 1. Rights of tenants and persons in possession. 2. Survey by John C. Ehlers dated 9/2/2004 shows premises as vacant land, edge of cultivated field varies with record lines. 3. Premises heroin are listed as exempt/partially exempt from real estate taxes. Upon transfer of title, premises are subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of death or the transfer from the owner entitled to the exemption and to whom such exemption was duly granted. Schedule B Owner's Policy Page 4 Rev. (02/04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay ~oss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restriedng, regalating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the characler, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parent of which the land is or was a part; or (iv) environmental protection, or the effect of any violafion of these laws, ordinances or governmental regulations, except lo the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded hy (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value 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, nut recorded in the public records at Date of Policy, but known lo 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 pnlicy; (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 sustained 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 insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance 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 results 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. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, aed, subject to any rights or defenses the Company would have had against the named insured, those ~vho sac- ceed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distrihatees, devisees, survivors, per- sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constraedve knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mat- ters affecting the land. (d) "land": the land described or referred to in Schedule A, and improvements 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 nothing ,b~ieta shall modify or limit the extent to which a right of access to and from the add s nsured by th s po cy. (e) ~'mortgage": mortgage, deed of trust, trust deed, or otber security instrument. (0 "public records": records established under ~iate statutes at Date of Policy for the purpose of imparting constructive notice of r~ utters relating to real property to purchasers for value and witho,u,t knowledge. With respect to Section l(a)(iv) of the Exclusions From Coverage, public records" shall also include environmen- tal protection liens filed in the records of the 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 title. 2. CONTINUATION OF INSURANCE AI~FER 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 pur- chaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by th~ insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any par- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- debtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an tn sured 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 damage for which the Company may be liable by vistue of this policy, or (iii) if title to the estate or in- terest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured ail liability of the Company shall terminate with regard to the matter or matters for which prompt 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 Comgany 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 contained in Section 6 of these Conditions and Stipolafions, the Company, at its 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 encumb~rance or other matter insured against by this policy. The Company shall have the right to select counsel of its own 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 w Il not pay any fees costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured aga nst by th s po cy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or prcceeding or to do any other act which in its opinion may ha necessary or desirable to establish the title to the estate or interest, as insured, 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 habitity 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 permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and ex- pressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (d) In all case~ where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or pro- ceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this puq~ose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company rr~y be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation 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 r-ealuired under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which con stitotes the basis of loss or damage and shall state, to the extent possible, the basis of calculating thc 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 obiigations to the insured under the policy shall terminate, including any Iiabiltly or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examina- tion under oath by any authorized representative oftha Company and shall produce for examination, inspection and copying, at such reasonable times and places as may ha 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 uss or oamage. Further, if requested by any authorized 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, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to sub- mit for examination under oath, produce other reasonably requested informatinn or grant permission to secure reasonably necessary information from third parties as required in the above paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TI~aMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional options: i(t~) To Pay or Tender Payment of the Amount of Insurance. o pay or tender payment of the amount of insurance under this policy together any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liabiliiy and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With parties Other than the Insured Or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, at- torneys' 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 pro- vided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon 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 ter- minate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETE1LMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein descfibed. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent the Date of Policy an improvement is erected on the land which increases the ~n~urance stated in Schedule A, then this Policy is subject to the following: hie of the insured estate or interest by at least 20 percent over the Amount of (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of lnsurm:ce stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and ex~ penses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expanses incurred in accordance with Section 4 of these Conditions and Stipulations, 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as f the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subse- quent 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 statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketabil!ty of title or otherwise establishes the lien of the insured mortgage, 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 thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage til there has been a final determination by a court of competent jurisdiction, and ~l~pesition 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 It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mor- tgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafler executed 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. 12, pAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement 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. Co) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or danmge shall be payable within 30 days therea~r. 13. SUBROGATION UPON PAYMENT OR SETYLEMENT (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 in- sured 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 propotty in respect to the claim had this policy not been issued. If requested by the Company, the in- sured claimant shall transfer to the Company all fights and remedies against any person or property r~cessary in order to perfect this right of subrogation. The in- sured claimant shall parmit 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 transac- tion or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the pro- portion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company~ in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) lhe Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include without limitation the rights of the insured to indemnities,~uaranties, other policies of insurance or bonds, notwithstand ng any terms or conatt ons con- rained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may de- mand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this pohcy, any service of the Company in connection with ~ts 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. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Corn pany and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the 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 m which the land is located peImit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sims of the land shall apply to an arbitration under the Title In surance 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, if any. attached hereto by the Com- pany is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negfigence, and which arises out of the status of the title to the estate or interest 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. SEVERABILITY 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 effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016 Fidelity National Title Insurance Company of New York 2 Park Avenue New York, NY 10016 O Owner's Polic,v of Title Insurance Fidelity National Title Insurance Company of New York poucv A Stock Company NUMBER 26-031-92- 9 5'] 2 6 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of lnsurance 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 ufa 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 WITN~2SS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has cau/,'ed this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Countersigned ~ ~-~f~Authorized Signature ~ (PLEASE PRINT NAME) FORM 26-031-92 (41tl93) AL?A OWNER'S POLICY - 1992 (Revised '10-17-92) O! Fidelity National Title Insurance Company Policy No.: 26-031-92-95126 Title No.: 04-3704-58855-SUFF Amount of Insurance: $689,360.00 1. Name of Insured: Town of Southold SCHEDULE A Date of Policy: September 23, 2004 at 9:00 AM The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: Town of Southold by means ora Grant of Development Rights from Peconic Land Trust Incorporated dated September 23, 2004 and recorded in the Suffolk County Clerk's Office on October 28,2004. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page 1 Rev. (02/04) Fidelity National Title Insurance Company OWNER'S POLICY Attached to and forming a part of Policy No. 26-031-92-95126 of FIDELITY NATIONAL TITLE INSURANCE COMPANY 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." The following is added to Paragraph 7 to 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 incumbrances, 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 validating signatory, is made a part of the policy and is subject to all the Exclusions fi.om 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 signatory and cpqntersigned on the date hereinafter set forth. / Signed and ~;ealed: September 23, 2004. / Countersigned: Fidelity National Title Insurance Company Standard Owner Policy (9/lt93) w/ALTA Owner's (10/17/92) Rev. (02/04) (Owner Policy93) OiFidelity National Title Company Insurance Policy No: 26-031-92-95126 Title No.: 04-3704-58855-SUFF SCHEDULE A-1 Description PARCEL II FOR DEVELOPMENT RIGHTS - PART OF TAX LOT 10: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the West side of Depot Lane distant 515.00 feet southerly from the comer formed by the intersection of the south side of Oregon Road with the west side of Depot Lane as measured along the west side of Depot Lane; RUNNING THENCE South 40 degrees 0t minutes 47 seconds East 1596.06 feet to the northerly line of lands now or formerly of Suzanne fyi. Kmpski and John P. Kmpski Jr. THENCE South 47 degrees 48 minutes 50 seconds West along said lands now or formerly of Krupski and later along lands now or formerly of Joseph Matwieczyk and lands now or formerly of Thomas J. Matrick 544.74 feet to lands now or formerly of Mattituck Holding LLC and Town of Southold; THENCE North 39 degrees 07 minutes 20 seconds West along said last mentioned lands 1633.13 feet to the south side of Parcel I herein; THENC]-~ North 51 degrees 46 minutes 41 seconds East along said south side of Parcel 1 518.75 feet to the west side of Depot ~ane the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev. (02/04) O! Fidelity National Title Insurance Company Policy Number: 26-031-92-95126 Title No.: 04-3704-58855-SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights of tenants and persons in possession. 2. Survey by John C. Ehlers dated 9/2/2004 shows premises as vacant land, edge of cultivated field varies with record lines. 3. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer of title, premises are subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of death or the transfer from the owner entitled to the exemption and to whom such exemption was duly granted. Schedule B Owner's Policy Page 3 Rev. (02/04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regn]ntion (including bnt not limiled to building and zoning laws, ordinances, 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 ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a parl; 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 encumbrance resulting from a violation or alleged violation affecting the land has been ~corded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except nt the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless nntice 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) no1 known to the Company, nnt recorded in the public records at Dale of Policy, but known to the insured claimant and nnt 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 subsequenl ta Date of Policy; or (e) resulting in loss or damage which would not have been sustained 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 insured by 1his policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, thai is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance 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 resulls from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice 1o a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS Thc 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 v ho suc- ceed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distribmees, devisees, survivors, per- sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or dan~ge. (c) "knowledge" or "known": acntn] knowledge, not consrtuctive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mat- ters affecting the land. (d) "land": the land descrihed or referend to in Schedule A, and improvements affixed thereto which by law constitute rea] property. Thc 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 nothing here. shall modify or limit the extent to wh ch a right of access to and from the land ~ls insured by this policy. (e) "mortgage ': mortgage, deed of trust, trust deed, o 7other security instrument. (1) "public records": records established under sta~ statutes at Date of Policy for the purpose of imparting constructive notice of ma ~ers relating to real property to purchasers for value and without knowledge. With res0cct to Section I a)(iv) of thc Exc us ons From Coverage, "public records" shall also include environmen tal protection liens filed in the records oftbe clerk of the United States district court for thc 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 title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a pur- chaser from the insured, or only so long as the insured shall have liability by reason of covenants of wmranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pot- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- debtndness secured by a purchase money mortgage given to thc insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an in- sured 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 damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or in- terest, as insured, is rejected as unnxarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of thc Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy un]ess the Company shall be prejudiced by the failure and then only to thc extent of the prejudice, .__ DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but oaly as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have thd right to select counsel of its own choice (subject to the right of the insured to ob~ :ct 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 matiers not insured against by this policy, (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company ma take an appropriate action under the terms of this policy, whether or not it sha{l 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 permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and ex- pressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (d) In all cases where this policy permits or requires the Company Io prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or pro ceeding, and all appeals therein, and permil the Company to use, at its option, the name of the insured for this puq~ose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company ail reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, proseculing or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful scl 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 the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation 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 Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured clairnam 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 con- stitutes 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 terafinate, including any liability or obligation to defend, prosecnt~, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examina- tion under oath by any authorized representative of the Company and shall produce for examinntion, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or afier Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized r epresentativ e 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, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others un]ess, in the reasonable judgment of the Company, it is necessary in the administration oftbe claim. Failure of the insured claimant to sub- mit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties ar required in the above paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TI~VHNATION OF LIABILITY In case of a claim under this policy, the Company shall have the following addi- tional 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 Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancel ation. (b) To Pay or Otherwise Settle With Parties Other than the Insured Or With the Insured Clainmnt. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, at- torneys' 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 pro- vided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon th6 exercise by the C ,omgany of either of the options provided for in paragraphs Co)(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 ter- minate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 Percent of the value of the insured estate or interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 Percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 Percent of the Amount of lnsurai:ce stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and ex- ponses for which the Company ~s liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 Percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Slipulndons. 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 lo~s is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amounl of insurance under this policy was divided pro rata ~s to the value on Date of Policy of each separate pamel to the whole, exclusive of any improvements made subse- quent 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 statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title or otherwise establishes the lien of the insured mortgage, 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 thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liabilily for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage 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 It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mor- tgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is bereaRer executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the mount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement 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 in- sured 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 property in respect o the claim had this policy not been issued. If requested by the Company, the in- sured claimant shall transfer to the Company all rights and remedies aga nst any Person or property necessary in order to perfect this right of subrogation. The in sured claimant shall permit the Company to sue, compromise or settle in the name of tbe insured claimant and to use the name of the insured claimant in any transac- tion or litigation involving these rights or remedie~. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the pro- portion 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 sba I not void this policy but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions con- rained in those instnanents which provide for subrogation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may de mand arbitration pursuant to the Title Insurance Arbitration Rules of thq American Arbitration Association. Arbitrable matters may include, but are not li~ted to, any con rovers), or claim between the Company and the insured arising out of or relating to this pohcy, any service of the Company in connection with tts i',suance or the breach of a policy provision or other obligation. All arbitrable ma~:ers when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Com- pany and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Ru es n 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 Athitrator(s) may be entered in any court having jurisdiction thereof. The law of the sitos of the land shall apply to an arbitration under the Title In- surance Arbitration Rules. A copy of the Rules may he obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Com- pany is the entire policy and contract between the insured and the Company. In intetpredng 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 negligeuce, and which arises out of the status of the title to the estate or interest 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 ha made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisiona shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall include the number of this policy and shall ha addressed to the Company at: 2 Park Avenue, New York, NY 10016 Fidelity National Title Insurance Company of New York 2 Park Avenue New York, NY 10016 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 4.342 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map Nos. and, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #7. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: ,,J'oshua Y. Horton, Supervisor J53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner PECONIC LAND TRUST, INCORPORATED Southampton, NewYork 11968 . STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) On the~":3 day~ o.tD~-_ccm, bc.,-7-~z'z'z'z'z'z'~, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public ~ ' KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 STATE OF NEW YORK ) )ss: Qualified in Suffolk County COUNTY OF SUFFOLK ) Commission Expires March 21,20 _ .. ..~,rr~u ~.. /_On.r-t.,h~-'~'~J~day of September, 2004, before me personally appeared ~)'~J./__-z~.z/,q~5[.z~ personally known to me or provided to me on the basis of satisfactory -evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 ,~..,/ Qualified in Suffolk County ~- ~ Commission Expires March 21, 20v ~ WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 19.696 acres of active farmland and/or-0- acres of non-farmland, situated at Suffolk County Tax Map Nos. and, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #7. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: /~Joshua'Y. Norton, Supervisor .//'53095 Route 25 ~' P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowner PECONIC LAND TRUST, INCORPORATED B~? T~II~I(pTH~(J. CAUFIELD 296 Har~pton',Road, P.O. Box 1~76 Southampton, New York 11968 . STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the/-'"" day of : , befdre me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the se~ll thereto by like order. Notary Public ("' ~/ //'~ No LIC~toaote~°,,f~New York Commissior~ STATE OF NEW YORK ) March ~, ~o..(:~=.~ )SS: COUNTY OF SUFFOLKt ) O~.~,/~p..h f tember 200 ,j Qn the,/ day o Sep , 4, before me personally appeared ,)-/,r~g~.f"~ .~tJ~Yl~/_~ersonally known to me or provided to me on the basis of satisfactory e'(idence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon i behalf of which the individual act/ed, executed the instrument. KAREN j HAGE' Notar;/P~blic ~ ~_~ NOTARYPUBuc'°'-''N... .N..o. 02HA4927029' ,~,,~[e ot New Yor--~k ~ualified Commission Exp,res March 21, P R O P E R T Y R E C O R D S JOshUa Y. HortOn~ SOutho!d TOwn Su MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro Land Preservation Coordinator Date: November 1, 2004 Re: PECONIC LAND TRUST (Krupski) to TOWN OF SOUTHOLD SCTM/#1000-95-4-p/o 9 and #1000-95-4-10 Please be advised t~at the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 8900 Oregon Rd & 7155 Depot Lane, Cutchogue OWNER: Peconic Land Trust (Ann M. Krdpski) PURCHASE DATE: Closing took place 9/23/04 PURCHASE PRICE: EASEMENT AREA~ $859,544.00 4.2546 acres@$40,000/acre(#1000-95-4-p/o 9) 19.696 acres@$35,000/acre (#1000-95-4-10) The two easements equal 23.9506 acres [Correction - Total easement area 24.038 acres that includes 0,0874 acre right of way] FUNDING: Community Preservation Funds MISCELLANEOUS: Two (2) acre Reserve Area was retained on SCTM# 95-4-9. (See attached sketch for clarification.) Peconic Land Trust purchased the property from Ann M. Krupski on 9/23/04, with funds from a revolving fund the PLT has access to. On the same day, PLT sold the development rights to the Town. PLT will be selling the farmland, on which the development rights are now owned by the Town, on the open market. SEE SEC. NO. OB3 ~ -- UN~[ MATCH FOR PARCEL SEE 18,16 Krupski Farmland in Your support enables the Trust to be proactive in its conserva ~i0n work as evidenced by this most recent successfld ef'~brt to pro tecta l:arm on tbe Nortb Fork. Wben Am~ Marie Krupski decided to sell her Grmland in Cutchogue, it was not surprising that a oumber of buyers expressed interest. Tbe two sites (a 20.4 acre pt~ .e! md 6,3 acre pared) cm the southwest corner of Depot/.ane md Oregou Road made up a total of 26.7 acres all extraordiuary exp~se of Grmbmd at risk of being subdivided. Ms. Krupski, who;e ~'oots u-e deep in the area, has countless mctxlories of grow kag up h~ a farm ~kmfily, many of whom sliii Grin the adiacent ~;ekk She explains,~[ Mt a protbund responsibility to protect the bud h~t bad been in my Gmily since my grandfatber~ Andrew [A'upski cm~e fi'om Poland in the e~rly part of the last centur}C She d~d ~/o~ war~l to see it developed. A ~esident of upstate New ¢)~k ~,ls K~'upsk~ was not Gmiliar with Peconic Land ]?ust and its ct~n~,e ,;ifi)n work w~th Grmers and other landowners. However, ~xl~el~ )[5 Vice President Tim Caufield contacted her to describe options 5~ he~' consideration, sbe was impressed and agreed to work wit? us. Oregon Road rm~s parallel to County Road 48, just to the south, but it is a world aparL Most of the land is farmed hy krug time North lo~k ~ mfiiies living in homes tbal several generations of ancestol's bare ,>coupled. Tim Caufidd views the Krupski parcels as the %tsiern gateway to the Oregon Road corridor7' and as an essential part of Sottthold's agricultural future, particularly since adjacent [and i~ protected, as are sevend properties to the west. [ortun ~eb/. the Peconic land ]~'ust was able to act quickly to pt*rcbase the agricnllural kind and simultaneously sell the develop- 71e2 fi~b~ (i 21.7 ac~es lo the Town of Southold. The Trust i~rc~ ~ ~ ~ sel~ the protected f~rmland and a 2 acre development :ue:~ ~7 the properw tu keep the land in private ownership ai~d pro~ d~ct o~. ['he ~D'ust mate the purchase using its Revolving Fund was es!ab!ished hy the Pete~ Jay Sharp Foundation specifically t> acquire ~and thal is in immineot danger of development. ['he knd will be replenished by proceeds &om the sale of development ~ ghts to the R>wn of Southokt and sale of the restricted md the olxe borne site. The last time the Ikust utilized tbe kind the Norlh lol'k was to acquire Dam Pond in East Marion in 2000. According to lira CatdSdd, "The impact of developmeot is pa~dn}l7 obvi ms tl~e loss of scenic vislas, the increase in traflic, not only o~ ~u higbwta's hut also on ~m'al hack roads. When we discussed th,* < o~cepi of ~ revolving fired wi~h The Peter }ay Sharp Fonndafi~l~, tb? im~led lcb tmder~:tood the importance of being able b~ ~cl quickly when x ulnerabb open space comes on the market." i{~ ids, 'Fhe Ore?n Road cowidor is key to maintain- lug the a~easa?cuhural witageand Peconic Land Trust will con tinueJse rsto prese eworki~g Cutchogue Protected File View TooJbar Help File View TooJbar Help 473889 SOUTHOLD 95.-4-9 8900 OREGON RD OWNER & MAILING INFO ~PSKI ANN MARIE IRS-SS SKYLINE DR 1 LIVINGSTON MANOR NY 12758 BANK NYSRPS ASSESSMENT INQUIRY DATE : 08/11/2004 SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 120 FIELD CROPS TOTAL RES SITE TOTAL COM SITE ACCT NO 36 I======== ====== ASSESSMENT DATA =========== ~ **CURRENT** RES PERCENT ~LAND 1,500 **TAXABLE** ~TOTAL 1,500 COUNTY 0 **PRIOR** TOWN 0 ~LAND 1,500 SCHOOL 0 ~TOTAL 1,500 ==DIMENSIONS ===N======= SALES INFORMATION ================================== ACRES 6.00 ~BOOK 11712 SALE DATE 01/23/95 SALE PRICE 1 NPAGE 011 PR OWNER KRUPSKI JOHN P & WF =======TOTAL EXEMPTIONS I =============~== TOTAL SPECIAL DISTRICTS 3 CODE AMOUNT PCT INIT TERM PCT TYPE VALUE 41720 1,500 04 VLG HC OWN CODE UNITS ~FD029 ~PK090 ~SW011 F3=NEXT EXEMPT/SPEC TO INVENTORY F9=GO TO XREF Fl=NEXT PARCEL F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO F10=GO TO MENU 473889 SOUTHOLD 95.-4-10 7155 DEPOT LA OWNER & MAILING INFO JPSKI ANN MARIE SKYLINE DR LIVINGSTON MANOR NY 12758 NYSRPS ASSESSMENT INQUIRY SCHOOL MATTITUCK SCHOOL PRCLS 120 FIELD CROPS DATE : 08/11/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 36 ~======== ====== ASSESSMENT DATA =========== ~ **CURRENT** RES PERCENT ILAND 5,000 **TAXABLE** ITOTAL 5,000 COUNTY 200 **PRIOR** TOWN 200 ILAND 5,000 SCHOOL 200 ITOTAL 5,000 ===I=MISC IRS-SS 1 BANK ==DIMENSIONS ===1======= SALES INFORMATION ACRES 20.00 IBOOK 11712 SALE DATE 01/23/95 SALE PRICE IPAGE 011 PR OWNER KRUPSKI JOHN =======TOTAL EXEMPTIONS i =============1== TOTAL SPECIAL DISTRICTS CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE 41720 4,800 04 IFD029 IPK090 ISW011 I Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF VALUE F4=PREV EXEMPT/SPEC F10=GO TO MENU ,~..- ,/_? TOWN OF $OUTHOLD ~_z~PliiRTY RliCOKl; OWNER ~ STREET ~/~ 7' C-, ~..) Vl~ .~,GE DIST. SUB. ~ES. /~ SEAS. COMM. CB.-"- MISC. Mkt. Value ~N D IMP. TOTAL DATE REMARKS FAR~ Acre VaJ~ Pe~ '/~O~ ~ ;w~mpl~nd FRONTAGE ON WATER ;rushl~nd FRONTAGE ON ROAD(///~ ~o~,~ P~o, D~PTH ~b~ -,', ,~ ,, , ~ TOWN OF $OUTHOLD I~OPERTY RECORD CARD OWNER STREET -7 / ~-,~' VILLAGE DIST. SUB. LOT W b' TYPE OF BUILDING J · . RES. S~S. VL. : F~ CO~. CB. MlCS. ~ND IMP. TOTAL DATE R~ RKS~/~Z~ ~ ~ ~ ~/~- ~ ~ ~ ~,,~'~ ~cre / ~ll/pF " '/ ~6o0 ~t720 Tillable ~ 0 ~ z' ~ ,o ~ ~ ~ FRONTAGE ON WATER Wo~lan8 FRONTAGE ON ROAD Meadowl~d ~1'}~ C?i 7~)~ 7~ DEPTH Total ~ [/Jo ~ I/ 4 ~0 0 D~K 2 0 0 4 P H O T O S I I i I I I I I I ! I ! I SUBJECT PHOTOGRAPHS View of Subject - Facing Southeasterly July 2004 ~GIVEN ss I I I I ! i I 1 1 ! ! 1 I SUBJECT PHOTOGRAPHS View Westerly Along Oregon Road View Easterly Along Oregon Road July 2004 ~GIVEN August 2004 Photograph 1:8900 Oregon Rd./7155 Depot Lane, Cutchogue, NY Photograph 2: Subject Property August 2004 Photograph 3: Susject Property Photograph 4: Subject Property August 2004 Photograph 5: Subject Property Photograph 6: Subject Property August 2004 Photograph 7: Subject p operty I [ Tax ~ap L(~cation_~ 9O KRUPSKI (Peconic Land Trust) SCTM #1000~95-4~10 faCing northwesterly from Depot Lane from s/e corner facing southeasterly from n/w corner on Oregon Rd KI~UPSKI (Peconic Land Trust) $CTM #1000-95-4-9 & 10 facing southeasterly from n/w corner on Oregon Rd A E R I A L S EDR Searched Historical Sources: Photography August 10, 2004 Target Property: Oregon Road/Depot Lane Cutchogue, NY 11935 PUR ID Year Uses 1957 Aerial Photograph. Scale 2 1969 Aerial Photograph. Scale: 1"=833' 3 1976 Aerial Pholograph. Scale: l"=750' 4 1980 5 1994 Aerial Photograph. Scale: 1"=833' Aerial Photograph, Scale: 1"=833' Portion-Findings (FIM Information Only) Panel #: 2441072-A5/FlighlDate: March 3 I, 1957 Panel #; 2441072-AS/FlightDate: Oclober 6. 1969 Panel #: 2441072-AS/FlighlDat e: April 6. 1976 Panel #: 2441072-A5/FlightDate: Seplember 8, 1980 Panel #: 2441072-A5/FlightDate: April 8, 1994 1245740.2 2 2001 Aerial SCTM #1000-95.-4-9 8900 Oregon Rd, Cutchogue 6.3 acres KRUPSKI/PLT 2001 Aerial SCTM #1000-95.-4-10 7155 Depot Lane, Cutchogue 20.4 acres KRUPSKI/PLT KRUPSKI PROPERTY 2001 Aerial SCTM #1000-95-4-9 & 10 Premises: 8900 Oregon Rd, Cutchogue _+6 acres 7155 Depot La, Cutchogue _+20 acres S U R V E Y SEE SEC. FOR PARCEL SEE 14.2 9 6.3A(c) 5.2 5.0A 2.2A ?.2 12,3A(C) ? 6 8.3A(C) 20,4A(c) SEE SEC. N0.083 1.1 S1.2A(c) 18,11 FOR PARCEL NO, SEE SEC. NO. 8.EAIc) N ~Ut::P..VI="'r' OF: Pt:P-..OPt=t~.T"r' 51TUATF.. C, UTGHOU®E TOI~IN .. GOUTHOI_IS> ..~UFI=OLK. GOUNTY, NY' ~U~FOL~ OOUNTY TAX IO00-q~ I00© q5 zj I0 FINAL SURVEY JOHN C. EHLERS LAND SURVEYOR 6 BAST MAIN STREET N.Y.S. LIC. NO. 50202 ILWERI-IF~kD, N.Y. 11901 369-8288 Fax 369-8287 REF:\kI-Ip serveBd~PROS\04-248.pro M A P S Town of Southold Town Board Public Hearing Town Development Rights Purchase Protected Lands Under Consideration Protected Land Map Prepared by Town of Southold GIS September 13, 2004 ~Ann Marie Krupski/Peconic SCTM# 1000-95. 4 9 & 10 Town of Tow Southold Board Public Hearing Town Development Rights Purchase Develop~eat Ann Land Marie Krupski/Peeonie ~ Trust (contract vendee) SCT~ ~oo0-9s.-4-9 & ~o / / / / / DevelOPment Map Prepared by Town of $outhold GIS September 8, 2004