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Home My WebLink AboutRutkoski, Henry M & Helen S1000-108-2-3 and 1000-115-2-10.2 (f/k/a 1000-115-2-p/o 10) Baseline Documentation Premises: 1117 County Road 48 and 18005 Main Road (Rt 25) Mattituck, New York 25.1571 acres Development Rights Easement 4.0020 acres (1000-108-2-3) 21.1551 acres (1000-115-2-10.2) HENRY M. RUTKOSKI and HELEN S. RUTKOSKI to TOWN OF SOUTHOLD Deed dated April 7, 2003 Recorded June 4, 2003 Suffolk County Clerk - Liber D00012254, Page 671 SCTM #: Premises: 1000-108-2-3 and 1000-115-2-10.2 (f/kJa 1000-115-2-p/o 10) 1117 County Road 48 18005 Main Rd (Rt 25) Hamlet: Mattituck Purchase Price: Funding: $528,299.10 (25.1571 buildable acres at $21,000/acre) Community Preservation Funds (2% land bank) and Federal Funds ($264,149.55 reimbursemen0 CPF Project Plan: Yes Total Parcel Acreage: Development Rights: 27.1571 acres 25.1571 acres 1000-108-2-3 = 4.0020 acres 1000-115-2-10.2 = 21.1551 Reserved Area: 2.0 acres Zoned: A-C Existing Improvements: In December 2002 - Dirt farm roads DESCRIPTION LAND The subject is a vacant parcel of land having an area of 21.80+ acres. It is irregular in overall shape and is narrow (east-west). It has an estimated average width of 330+' and is approximately 3,000_+' north to south. The subject abuts the Long Island Railroad on its northerly border. The overall property, of which the subject is a portion of, has 87_+' of frontage along the northerly side of Main Road. The above dimensions have ail been approximated from the Suffolk County tax map and the deed of the overall property. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion of. The subject has an overall generally level topography and is mostly cleared. However, in the center there is a 1.0_+ acre kettle hole which is not currently farmed. Access to land north of this area is possible and it is believed that the depression could be filled without significant expense or difficulty. The majority of the subject is situated at or near road grade and is currently vacant. Utilities (electric and telephone) are available along Main Road. There is no public water along Main Road at the subject's frontage, although the Suffolk County Water Authority has indicated this area to be a potential future water main location. Main Road is a two way, two lane, publicly maintained macadam paved roadway. Land use surrounding the subject is primarily vacant and improved residential properties. _GIVEN DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is being appraised as unimproved vacant land. PRESENTUSEAND OCCUPANCY The subject is presently vacant farmland. I ie ~.GIVEN 2O A P P R A I S A L R E Q U E S T LAND PRESERVATION COMMITTEE MEETING · TUESDAY, OCTOBER 30, 2001 AT 7:30 P.M. MINUTES Present were: Dick Ryan, Ray Blum, Bill Edwards, Ray Huntington, Martin Sidor, Fred Lee, Reed Jarvis, Melissa Spiro, Tim Caufield and Maureen Cullinane. Hera'y Rutkoski - 115-2-10 & 108-2-3 - The Committee received an application on this property. Melissa will order an appraisal Ray Huntin~o~on will be in touch. 159 REGULAR MEETING A Regu. lar Meeting of the SoUthold .To~wn Board was held On March 3, 1998, at the Southold ToWn Hall, Main R~ad.' Southold~ New York. Deputy' SUpervisor WiUiam Moore oPer~e~ the meeting withl the Pledge Of Allegiance to ~he Flag.' ': Present: Councilman Willlam D. Moore Councilwoman Alice J. Hussle Justlce Louisa P. Evans Councilman John M. Romanel!! Councilman Brian G. Murphy Town Clerk Elizabeth A. Neville Town Attorney Laury L. Dowd Absent: Supervisor Jean W. Cochran 7.- MoVed by Justice Evans, seconded by Councilman: Murphy, it was RESOLVED that the Town Board of the T0wn of Seuthold hereby engages the serVices of-Andrew D[' StyPe,.. Cert!fled Real Estate Appraiser, at a total fee of $1:,000:00~ to:conduct !an:aPpraisal on.behalf of the Land PreserVation Committee on the folloWing Property.. Henry Rutkoski Main Road Mattituek, New York SCTM ~1000-:11S,2~10. & i08-2-3 ~ Acreage: ApProximately 26 acres 7.- Vqte of the Towp Board:' !'Ayes: :i C0unq!man Murphy, Councilman ROmanelli, Councilman Moore,'. Justice Evans,' 'COUncllwoman Hussle. This resolution Was duly ADOPTED; ;~ Town Hall, 53095 Ma~n Roa~ P.O. Box 1179 Southol~, Now York 11971 Telcp~n.e (516) 765-1800 LAND PRESERVATION COMMITTEE TOWN OF SOUTHOLD NAR 'I.0 1998 LAND PRESERVATION COMMITTEE MEETING FEBRUARY 23 1998 MINUTES Present were: Dick Ryan, Joe Krukowski, Noreen McKenna, Fred Lee, Jim PIm, Tim Caufield and Bob Rutkoski The committee reviewed the application of Henry Rutkoski. This property is Iocal~d on the Main Road, approximately I mile east of the high school in Mattituck. ^ motion was made by Jim Pim and seconded by Noreen McKenna to recommend to the Town Board that an appraisal be done on this property. All were in favor. Als0, Dick will solicit the 3 parcels near the Rutkoski property to see if they are interested in submitting their property for land preservation. P R 0 P E R T Y V I S U A L S .I FOR ~t.. NO. Tax Map LoCation ] 61 A--C R-=~O -LB, A-C / Zoning Map ) 6~ SALE P OTOGRAPH View Westerly A~ong Main Road View Easterly Along Main Road 59 i I i I i i I® I I I Subject - Faci~9 Northerly From Mair~ Road ~GIVEN State Route 2// I~w s~.f.foOc ~ve' Town of Southold ~roposed Development Rights Purchases [] Under Consideration ~ Protected Outreach Parcel Map Prepared by Town of Southold GIS July 9, 2002 Suffolk County Real Property Tax Service Agency GIS ~asemaD COPYRIGHT 2002 County of Suffolk N.Y E N V I R O N M E N T A L S U M M A R Y ! I I I I ! I I I I I I I I I Phase I Environmental Site Assessment Rutkoski Property 1.~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of two parcels of land totaling 26.99 acres. The property is bordered by Main Road (SR 25) on the south and Middle Road (CR 48) on the north, approximately 2,000 feet east of Mill Lane and is traversed by the Long Island Railroad right-of- way. The property is more particularly described as Suffolk County Tax Map # 1000-108-2-3 & 1000-115-02-p/o 10. The subject property consists mainly of farmland. The southern portion of the property contains houses, bams, a greenhouse and a multi-bay garage that are not part of this report. The parcels are b ordered b y Main Road ( SR 2 5) o n t he south a nd Middle Road on the north. The Long Island Raikoad (LIRR) hght-of-way runs between the two parcels of land that comprise the subject property. A large depression is located in the center of the larger portion of the property south of the Long Island Railroad right of way. A burned out 275-gallon above ground fuel oil storage tank and a 55-gallon storage dram were located along the eastern boundary of the depression. The soil surrounding the tank and dram was blackened by ash from the fire. The drums were used to burn yard waste. An old, improperly abandoned irrigation well and a large, rectangular duck blind in the ground that was covered with plywood were also observed in the depression. Irrigation pipes and old farm equipment and debris were observed at the southwest comer of the depression. An irrigation well, one (1) 275~gallon above ground fuel oil storage tank, a pump engine and two (2) box track bodies were observed above the northeast comer of the depressed area. Minor staining was observed beneath the pump engine. Some debris was observed in the wooded area just north of the Long Island Rail Road right-of-way. No structures or foundations were located on the portion of the subject property that is addressed by this report. An extensive government records search found no potential sources of environmental degradation on the subject property. State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) LUST incident and three (3) spill incidents located within one-half (0.5) mile of the subject property. I I I I I I I Rutkoski Property, Mattituck Phase I ESA In conclusion, tIns assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. 1. The old irrigation well should be properly closed in accordance with state and local requirements. The irrigation well pump engine should be maintained in order to prevent any future release and the minor staining observed beneath the engine should be examined to determine if it is a reportable spill and should further be removed and properly disposed of. 3. Equipment and/or debris/solid waste not in active use should be removed from the site. 4. If the property is to be utilized for residential purposes in the future, t he s oils should b e sampled and analyzed for the presence of pesticides, lead and arsenic. I I I I I I I I Page 2 of 27 I I I I I I I I I I I I I I FIGURE 1 LOCATIONMAP tl Source: USGS 7.5 Minute Quadrangle, Mat~ituck & Mattituck Hills Scale: l"= 1,500' I Rutkoski Property, Mattituck Phase I ESA NORTII I I I I I i I I I I I I I I FIGURE 2 SITE MAP ,ebfis $ Irri old farm and debris ® Source: Town of Southold Tax Map Scale: 1" = 400' I Rutkoski Property, Mattituck Phase I ESA Irri trucks and ~. tank tank and .~ NORTH 1 FIGURE 3 Rutkoski Property, Mattituck Phase 1 ESA I I I I I I I I I I I i I GROUNDWATER CONTOUR MAP Source: SCDHS, 1999 Scale: 1" = 9,000' NORTH + 1 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 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 669 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22, 2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday, November 7~ 2002, at 7:25 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by Henry and Helen Rutkoski. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2-10. SCTM# 1000- 108-2-3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elijah's Lane in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 acre farm. The exact area of the development fights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. 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 parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of thc Town Code, the Town Board of the Town of South#Id hereby sets Tharsda¥~ November 7, 2002, at 7:25 o.m.~ Soathold Town Hall~ 53095 Main Road~ SouthoM~ New York as the-time and place for s public hearin~ for the purchase of development rights of aericuffural lands for ~ certain parcel of orooerty owned by Henry and Helen Rutkoski Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-I 15-2-10. SCTM# 1000-108-2-3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elijah's Lane in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24~9 acres of thc 26.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. The property is listed on the Tow~a'$ Commu~ty 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 parcel of land is on file in the Land Preservation Department, South#Id Town Hall, Feather Hill Annex, South#Id, New York, and may be examined by any intcrasted person during business hours. Dated: October 22, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 31, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Thc Suffolk Times Town Board Members Town Attorney John Cushman, Accounting Land Praseiwation Committee Deparlment of Land Preservation Rutkoski Town Cl~rk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING November 7, 2002 7:25 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF HENRY AND HELEN RUTKOSKI, SCTM# 1000-108-2-3 & SCTM # 1000-115-2-10. Present: Absent: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Councilman Craig A. Richter COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday~ November 7~ 2002~ at 7:25 p.m.~ Southold Town Itall~ 53095 Main Road~ Sonthold~ New York as the time and place for a public hearing[ for the purchase of development rights of agricultural lands for a certain parcel of property owned by Henry and Helen Rutkoski. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2-10. SCTM# 1000-108-2- 3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elijah's Lane in Mattituck. SCTM# I000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre. 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 parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKFiAM: Notice has appeared in the Suffolk Times as a legal and in addition it has appeared on the bulletin board of the Town Clerk. Public Hearing-Rutkoski property 11/7/02 2 MELISSA SPIRO: Good evening Supervisor Horton and members of the Town Board. I am Melissa Spiro, Land Preservation Coordinator, and I am here tonight on behalf of my Department and the Land Preservation Committee. The Rutkoski's had hoped to be at tonight's hearing, but were unable to make it. The Rutkoski farm is owned by Helen and Henry Rutkoski. There are 2 parts to the farm that are the subject of tonight's heating. The main part of the farm is located on the north side of Main Road, about 1400 feet west of Elijah's Lane in Mattituck. The farm is separated by the LIRR, and the second part of the farm is to the north of the Rail Road, with frontage on CR 48. It is adjacent to land that the Town bought the development rights, probably about one year ago, Barney Sidors' farm. And it is down one parcel from the Ruland farm which goes on this side and then you can see on this map, also on the other side. You can see on this map from all the green, it is in the location of a lot of preserved land. The Rutkoski's have offered the development rights on approximately 24.9 acres of the 26.9 acre farm. I have up in front an aerial view of the property, and also a map showing the protected status of properties around the farm. The aerial was taken in the Spring of 2001. The parcel is located within the A-C Agricultural-Conservation Zoning District, and contains prime agricultural soils. The parcel is included on the Town's Community Preservation Plan as one that should be preserved. The farm has been in the family since the 1920's. The farm was owned by Henry's parents, and purchased by Hem'y in 1963. Historically, the farm was planted in potatoes and cauliflower. It is now planted in potatoes and vegetables that are sold at their farmstand. They are leaving out a two acre reserved area, which I neglected to point out there. It is down there on the Main Road. In this area there is an existing home and some agricultural structures. The acquisition price is 21,000 dollars per acre, which is approximately five hundred twenty-two thousand nine-hundred dollars ($522,900) for the 24.9 acre development rights easement. The value of the purchase is supported by an appraisal. The purchase will be in accordance with Chapter 25, Agricultural Lands Preservation and Chapter 6, the Community Preservation Fund. The funding for the purchase is likely to come from the 2% fund. The Town is eligible for a grant from the 2002 Federal Farmland Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The Land Preservation Committee is unanimous in recommending this development rights acquisition, as it furthers the town's goals of preservation of farmland and preservation of the rural character of the town. Since this is the last preservation project tonight, I would just like to add that the three farmland preservation projects that had heatings tonight total about 60 acres of additional farmland that will be preserved. Upon the closing of these three projects, the number of farmland acres preserved by the Town's farmland program will be 1,420 acres. Public Hearing-Rutkoski property 11/7/02 The Town has approximately 300 acres of farmland in various stages of discussion and negotiation. We would love to close on all of that next year but some of that we will be closing on very soon. Thank-you. SUPERVISOR HORTON: Again, Melissa, thank-you for your dedication and just the phenomenal amount of work that you put in that goes into all of this. So if there are any other comments from the public in regard to this public heating, the Rutkoski plot. We will close this public hearing. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTBAR OF VITAL STATISTICS MARRLAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 747 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights of a certain parcel of property of agricultural lands owned by Helen and Henry Rutkoski, pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2-10. SCTM# 1000- 108-2-3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road and Elijah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $21,000 (twenty-one thousand dollars) per acre; be it RESOLVED that this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk * ~-'~ f"*u:a~- ~ ex~ ~' ~* I 61T.20 State En~gonme~tal Quality Re~ ~ SHORT ENVIRONMENTAL ASSE~M~T FO~ F~ UNU~. A~NS ~Y ~RT I~PR~ INFORMA~ ~o ~ ~p~t~ ~ A~l~nt ~ ~ ~ SEQR OF THE AG'110~ HAlf~ A OURREI~LY VAUD PERMIT OR A~ePI~*~''L? 11. 12. AS ~ ..... OV~ 2 [] Checkthlsboxlfy~u..~_.~.,~a.~n~LLEAFand/orprepamaP°stt . . '.' x If na~ u~m,,,-,.-~ in mgnlfloam ~ -, ........ r'l ch~k Uds bo you .. WILl- NOT result any . .u~mvmtatiork, that the I~ action ....... ,,,,m~rting this determlnatkm: . AND pn~oe On ,'--'--"."7-~ - '.~., ~ (','-'--r-~ .,~^ ' '~.'~,4 C~ ~'i"~ ' . - ~,,,~ ,.,.- ~ ~,,,,, ~' ~ · . .... - ¢////,~ .~_ _~,,~.,,,,,,. .r: ,. - ,,--.'"-."--'-""'"'"--"--'."7~'*"''' - .. /' ¢4,',~- ,,' "¢ ~ ...... -'-' ~,,,, ~ ~ _______. P U R C H A 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. 748 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7, 2002: WHEREAS, Helen and Henry Rutkoski, owners of the properties know as S CTM# 1000-108-2- 3 and SCTM# 1000-115-2-10, located on the south side o£CR 48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elijah's Lane in Mattituck and on the north side of Main Road, approximately i428 feet ~vest of the intersection of Main Road and Elijah's Lane in Mattituck, have offered to sell the development rights on approximately 24.9 acres of the 26.9 acre farm; and WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to the agricultural value, and WHEREAS, the purchase of the development rights on this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the properties are adjacent to other farmland on which the Town has acquired the development rights; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights on the property owned by Helen and Henry Rutkoski on the 7th day of November 2002, 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, the Town Board deems it in the best public interest that the Town of Southold purchase the Development Rights of these agricultural lands, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by Helen and Henry Rutkoskk pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM #1000-108-2-3 and SCTM# 1000-115-2- 10. SCTM# 1000-108-2-3 is approximately 3.9 acres, and is located on the south side of CR 48 in Mattituck. SCTM# 1000-115-2-10 is approximately 23 acres, and is located on the north side of Main Road, approximately t 428 feet west of the intersection of Main Road and Elij ah's Lane in Mattituck. The development rights easement comprises approximately 24.9 acres of the 26.9 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The pumhase price is $21,000 (twenty-one thousand dollars) per acre. The Town is eligible for a grant from the 2002 Federal Farmland Protection Program for partial pumhase of this property and part of the purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT HENRY M. RUTKOSKI and HELEN S. RUTKOSKI to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-108-2-3 and #1000-115-2-p/o 10 25.1571 acres @ $21,000/acre sis Rt 48 & nls Rt 25, Mattituck, New York Purchase Price: $ 528,299.10 Payable to Henry M. & Helen S. Rutkoski Expenses of Closing: Appraisal Payable to Patrick Given, SRPA $ 1,900.00 Environmental Report Payable to Nelson, Pope & Voorhis $ 1,500.00 Survey Payable to John C. Ehlers Land Surveyor $ 3,250.00 Title Report Payable to LandAmerica*Commonwealth Title policy $ 2,633.00 Deed recording $ 198.00 $ 2,831.00 .GIVEN ASSOCIATES PATRICK A. GIVEN., SRPA box 5305 · 550 route 111 · hauppauge,,n.y. 11788-0306 (631) 360-3474 FAX 360-3622 November 26, 2001 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Real Property of Henry ~nd Helen Rutkoski, Located Norther y side of Main Road, Mattituck, NY S.C.~ #1000-115-2-10+ Ap~p~'aisal #2001269 $1,900.00 real estate appraisers and consultants ve son, yope & voorn s, L. LC ~lt Whitman Road Phone: 631-427-5665 NY 11747 Fax: 631-427-5620 Invoice To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg Yakaboski Property: 03033 Project: VA010! Rutkoski Property, Mattituck Manager: McGinn, Steven Invoice #: 1655 Invoice Date: March 20, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS l~voice Amount $1,500.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 1/30 thru 2/12/03 Contract Amount: $1,500.00 Percent Complete: 100.00% Fee E~ed: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1,500.00 *** Total Project Invoke Amount JOHN (~. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 11/19/2002 21419 Bill To ~Town of S~;~i;0i~ Town Hall Southold, N.Y. 11971 Attn: Melissa Spire Your Client Helen & Henry Rutkoski SCTM~ My Job # 1000-108-2-3 Date of Service :; Description Amount 1/8/2002 I Current survey of property on south s de of County Road 48 i ' 750.00 ! 11/8/2002 [ 1 t/18/20o2 GLi08S 20 vendor,. TOWN OF SOUTHOLD ** Actual 005322 EHLERS/]OHN C. Y 3E Date Trx. Date Fund Account ............................. Begi 12/22/1998 12/22/1998 H 600 2/18/1999 Hi 600 2/18/1999 12/21/1999 3/28/2000 5/08/2001 10/09/2001 10/09/2001 12/04/2001 12/04/2001 12/04/2001 4/25/2002 8/27/2002 1/07/2003 2/25/2003 4/08/2003 and north of LIRR ~ Cu~ent su~ey of pmpe~ on north side of State Road 25 and i '~ ~ 2,OoO.00 so~h of LIRR (SCTM~ 10Oo-115-2~10 Prepare survey with 2 acre rese~e 5Oo. OO Disburs Inquiry by vendor Name Detai]--GL100N W-01072003-952 Line: .91 Formu]a: 0 Account,. H3 ,600 Acct Desc ACCOUNT5 PAYABLE Trx Date ..... 1/07/2003 SDT 1/08/03 Trx Amount... 3,250.00 Description.. ~URVEY-RUTKOSKI PROPERTY H2 600 H 600 H3 600 H3 600 H3 600 H3 600 H3 600 H2 600 H3 600 H3 600 H3 6O0 H3 600 12/21/1999 3/28/2000 5/08/2001 10/09/2001 10/09/2001 12/04/2001 12/04/2001 12/04/2001 4/25/2002 8/27/2002 1/07/2003 2/25/2003 4/08/2003 N3 600 ......................... Use Acti ect Record(s) or Use Action code vendor code.. vendor Name.. Alt vnd.. CHECK ........ 69894 Invoice code. 21419 VOUCHER ...... P.O. code .... 10133 005322 EHLERS/3OHN C. SCNB Project code. Final Payment F Liquid. 1099 F1 ag .... 7 Fixed Asset.. Y Date Released 1/07/2003 Oate Cleared. 1/31/2003 F3=Exit F12=Cancel F21=Image 0 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 TRANSFER TAX NUMBER: 02-42064 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 108.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $528,299.10 Received the Following Fees For Above Instrument Exempt Page/Filing $51.00 NO Handling COE $5.00 NO NYS SURCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $50.00 NO SCTM Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 02-42064 THIS PAGE IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County TO%¥N Al', TOF~NEY'S OFFICE '[OWN OF sobrl-~ iOLD 06/04/2003 03:23:55 PM D00012254 671 Lot: 003.000 Exempt $5.00 NO $15.00 NO $50.00 NO $8.5O NO $0.00 NO $0.00 NO $194.50 TORRENS Deed / Mortgage Tax Stamp 31 Recording / Filing Stamps Page / Filing Fee Handling 5. TP-584 Notation EA-52 17 (County)_ ~- -- EA-5217 (State) R.ET.S.A. Comm. of Ed. 5. 00 Affidavit ~'~itied Copy, Reg. Copy Other I SubTotal 41 District Real Property Tax Service Agency Verification Secfor~I ~.z-..::. ~ j Lot ~Q 03020767 1ooo xoeoo 0200 ooaooo 1000 11500 0200 010002 6~atisfactions/Discharges/Releases List Property Owners Mailing Address _2-1 RECORD & RETURN TO: Mortgage Amt. %o.T;Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town -- Dual County Held for Appointment ~ Transfer Tax Mansion Tax 'I~e prope~y covered by ~his mortgage is or will be improved by a one or two family dwelling only. YES__ or NO If NO, see appropriate tax clause on Commn~ty r~,,M~on ~a Con,lactation Amount $ ,:~-t~C~. lO rD 7 J Title Company Information ~co. N,~C~,~,~o-~,oe.~A L.,., .-! 7".,,,~ I Tiae #p/,~ d'~3,o?q 3 Suffolk County Recording & Endorsement Page This page forms part of the attached ,~ ~ b~/~/~/~/L P/~A¢( m~ by: ~ (SPEC~ ~E OF ~STRU~ ~ ~,.~d3~ '~ ~evc~sesbere~isfituat~in &, 7 or H~ of BO~ 6 T~U 8 MUST BE ~ OR PROD ~ BLACK ~K O~Y P~OR ~ ~CO~G OR ~G. DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this ~7~ay of April, 2003, BETWEEN HENRY M. RUTKOSKI and HELEN S. RUTKOSKI, residing at 18275 Main Road, Mattituck, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of FIVE HUNDRED TWENTY-EIGHT THOUSAND TWO HUNDRED NINETY-NINE AND 10/100 ($528,299.10) DOLLARS, lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: PARCEL #1 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: ~1 BEGINNING at a point on the southerly side of Middle Road (County Road 48) where same is intersected by the easterly side of land now or formerly of George Miaris and Sofia Miaris; RUNNING THENCE along the southerly side of Middle Road (County Rd 48) the following two (2) courses and distances: North 14 degrees 23 minutes 13 seconds East 257.30 feet; Easterly along the arc of a curve bearing to the right having a radius of 1909.36 feet a distance of 157.03 feet to land now or formerly of Casino Camcci; RUNNING THENCE along said lands South 36 degrees 29 minutes 49 seconds East, 637.18 feet to land now or formerly of LIRR; RUNNING THENCE along said lands South 46 degrees 14 minutes 21 seconds West, 332.50 feet to land now or formerly of Miaris first above mentioned; RUNNING THENCE along said lands North 35 degrees 53 minutes 50 seconds West, 422.96 feet to the southerly side of Middle Road (County Rd 48) at the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises identified as SCTM# 1000-108.00-02.00-003.000. PARCEL #2 ~,/ ALL that certain plot, piece or parcel of land situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly comer of the premises to be described, said point being distant North 26 degrees 00 minutes 00 seconds West 417.24 feet as measured along the easterly line of land now or formerly of Barney Sidor from the northerly side of Main Rd (State Rte 25); RUNNING THENCE along land now or formerly of Barney Sidor North 26 degrees 00 minutes 00 seconds West, 26.79 feet; RUNNING TIIENCE still along said land and along land now or formerly of Sidor and the Town of Southold North 31 degrees 15 minutes_40 seconds West, 105.28 feet; RUNNING Tl~2NCE still along land now or formerly of Sidor and the Town of Southold the following two (2) courses and distances: Noflh 34 degrees 57 minutes 40 seconds West, 952.60 feet; North 35 degrees 29 minutes 30 seconds West, 1299.37 feet to land now or formerly of the LIRR; RUNNING THENCE along said lands North 46 degrees 14 minutes 21 seconds East, 335.31 feet to land now or formerly of Agnes B. Graboski; RUNNING THENCE along said lands the following two (2) courses and distances: South 36 degrees 09 minutes 45 seconds East, 2672.93 feet; South 34 degrees 24 minutes 53 seconds East, 199.04 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said lands the following three (3) courses and distances: South 74 degrees 04 minutes 37 seconds West, 114.38 feet; South 21 degrees 27 minutes 33 seconds East, 17.55 feet; South 76 degrees 45 minutes 31 seconds West, 120.00 feet to land now or formerly of Henry Rutkoski; RUNNING THENCE along said lands North 21 degrees 27 minutes 33 seconds West, 4.29 feet; RUNNING THENCE North 21 degrees 27 minutes 33 seconds West, 319.88 feet; RUNNING THENCE South 68 degrees 32 minutes 27 seconds West, 243.15 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises identified as part of SCTM #1000-115.00-02.00-010.000. 3 TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abuffing the above described premises to the center lines thereo£ TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first pm covenants that the party of the first pm has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instmment solely for the purpose of agricultural production. This covenant shall mn with the land in perpetuity. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural 4 production as defined in GML section 247 and shall remain open lands actually used in bona fide agricultural production. This covenant shall mn with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The SELLER acknowledges that it/he/she has been informed that neither the SELLER, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these development rights. A purpose of this acquisition is to protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them The underlying fee may be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall mn wi~h the land in perpetuity. If federal grants and/or funds are used and/or reimbursed to the town for this acquisition, the following sub-paragraphs shall apply and shall be covenants that shall mn with the land in perpetuity: 1) the underlying fee may not be divided by conveyance of parts thereof to heirs and next of kin, by. will or by operation of law, or with the written recordable consent of the Town unless each of the parcels of the property created by the proposed division or conveyance shall remain viable for agricultural production, either individually or as part of an established farming operation. 2) the United States Secretary of Agriculture shall be notified prior to such division or conveyance. Nothing contained herein shall prohibit the sale of the underlying fee or any portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection oftbe premises for compliance with this agreement. (c) Where Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property for monitoring conservation plan implementation. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first pa~t covenants and agrees that it shall indenmify and hold the United States of America and the Town of Southold and any of its officers, agents, employees, and, their respective successors and assigns, harmless f~om and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement/deed; (2) the breach or non-performance of any covenants required by this agreement/deed to be performed by the party of the first part, either prior to or subsequent to the dosing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights; or (4) the acts or omissions or negligence of the SELLER. This covenant shall run with the land in perpetuity. 7 The following representations and warranties shall be binding upon SELLER and its successors and assigns, and shall inure to the benefit of PURCHASER (and the United States of America if Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition) and its successors and assigns. Seller agrees to indemnify Purchaser ( and the United States of America if Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition) if the following representations and warranties shall prove untrue: a) The SELLER represents that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to the SELLER'S knowledge, has the premises been used for the generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. There are not now, nor have there ever been, underground storage tanks, to the SELLER'S knowledge, on the premises. b) The SELLER represents that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises or SELLER'S ownership or use of the premises. c) The SELLER represents that no consent or approval is needed from any governmental agency for the transfer of the development rights from SELLER to PURCHASER, and neither the execution of this agreement, nor the closing of title, will violate any Environmental Law. The SELLER shall also indemnify the PURCHASER and United States of America as to the following: Violations of any laws and regulations which are now or which may in the future become applicable and including, but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. {}1251, et seq., the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 US.C. 300f, et seq. (2) judgments, claims, demands, penalties or fees assessed against the United States; (3) costs, expenses and damages incurred by the United States of America, or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall mn with the land in perpetuity. The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall constitute a Baseline Data Report, in order to evidence the present condition of the premises (including both natural and manmade features) so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the listed documents shall remain on file with the PURCHASER and shall be made available to the SELLER. This covenant shall mn with the land in perpetuity. Exploration for, or development and extraction of minerals and hydrocarbons fxom the premises by any means is prohibited. This covenant shall mn with the land in perpetuity. Recreation consistent with the purposes of this easement, including protection of soils, agricultural production and open space, is permissible, activities that degrade or compact the soils or conflict negatively impact agricultural production and preservation of open space are prohibited. This covenant shall mn with the land in perpetuity. The following covenants shall run with the land in perpetuity: 1) utilities - the installation of utilities on or across the conservation easement shall be prohibited except the installation of utilities shall be permitted for the use and enjoyment of the parcel only. Such utilities must be placed underground only and not negatively impact or degrade the soils, agricultural production or open space of the parcel. Approval for the installation of such utilities must be received by the Land Preservation Committee of the Town of Southold. 2) renovation, maintenance and repairs of existing structures are not deemed to be new construction and are permitted subject to the following: the renovation, maintenance and repairs permitted may not enlarge or change the l0 3) footprint or change the primary purpose of the existing building to a non- agricultural production use. new construction (including but not limited to renting, paving and relocation of existing structures), erection, installation or placement of structures on the premises described herein is prohibited except that certain de minimus agricultural related structure(s) are permitted upon approval of the land preservation committee of the Town of Southold based upon meeting the following criteria: the proposed de minimus structure shall not have an adverse impact on prime soils, open space preservation, is necessary for agricultural production and is otherwise consistent with the purposes of the conservation easement which purposes include protection of prime and unique soils, protection of open lands used in bona fide agricultural production and protection of open space. Any amendments to this Deed, shall be in writing and executed in recordable form by the SELLER and the PURCHASER. This covenant shall run with the land in perpetuity THE following covenants shall run with the land in perpetuity and shall be deemed applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for the premises: (i) Contingent Right in the United States of America: In the event that the PARTY OF THE SECOND PART fails to enforce any of the terms of this easement (or other interests in land), as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigm shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PARTY OF THE SECOND PART attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) or extinguish the conservation easement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States of America, then, at the option of such Secretary, all right, title, and interest in this easement (or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation, the PARTY OF THE SECOND PART shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation. (iii) PARTY OF THE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R., Part 12, and is approved by the Suffolk County Soil and Water Conservation District. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART, any amendments to this Deed of Development Rights shall be authorized in writing by the United States of America. THE following covenants shall mn with the land in perpetuity and shall be deemed applicable, only if federal funds are in fact received by the PARTY OF TIIE SECOND PART for the premises: (i) After the DEVELOPMENT RIGHTS have been acquired by the PARTY 12 OF THE SECOND PART, any amendments to this Deed of Development Rights shall be authorized in writing by the United States of America. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the TownBoard after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amondment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall mn with the land in perpetuity. THE following covenants shall mn with the land in perpetuity and shall be deemed applicable, only if United States funds are in fact received by the PARTY OF THE SECOND PART for the premises: 1) If this deed of development rights is ever extinguished, for any reason, then the Town and the United States and its agents are entitled compensation in an amount equal to 67.74% of the fair market value of the property at the time of condemnation, this percentage represents the value, at the time of purchase, of this deed of development rights in relation to fair market value of the fee and shall remain constant. The Town of Southold and the United States agree to share this compensation so as to reflect the ratio of dollars contributed by each party to the acquisition of the conservation easement. The 13 contribution of the United States and Town to the purchase of this conservation easement/development rights deed is as follows: 50% and 50% respectively. The following covenants shall run with the land in perpetuity: Interpretation. "where state or local law is cited and incorporated by reference in this deed, such law shall be read into the document as if sot forth in the deed itself and shall constitute a term thereof, the version of the state or local law in effect at the time of deed recordation shall govern the interpretation of those incorporated terms. Consequently, subsequent amendment or repeal of any incorporated law will have no effect on the interpretation of this deed." IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Sellers: Henry M. Rutkoski Flelen S. Rutko~ki Purchaser: Town of Southold d/,~shua Y. H4rtork SuPervisor The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing development rights/conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. 14 in.O, rfiment, x~ecuted.~ e instmm%r~ ~~;~the u r;~' i tl STATE-"-d~NEW YORK STATE OF FLORIDA ) )SSi COUNTY OF On the ~ day of April, 2003, before me personally appeared HENRY M. RUTKOSKI, ~ersonally known to me or provided to me on the basis of satisfactory evidence t$M~< he individual whose name is subscribed to the within instrument and ackno..wt~ged t~ me that he executed the same and that by his signature on the in~'fim3nt~e/ md'yvid'ul~l~r the person upon behalf of which the individual acteo, .eq.~ecu(ed3heijt~lrv/men~ a_nd'~that~.m~h individual made such appearance before O~~~of W6st Palm Beach, State of Florida. -~;7,~ /X ~ ) t!~,c~,.[~.~'F ' SI%TE OF FLORIDA ) ) ~ __ ~ ~ )SS: county oF--6T~;n On the }~ day of April, 2003, before me personally appeared HELEN S. RUTKOSKI, 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 ~ to me that he executed the same and that by his signature on the /[he individual or the person upon behalf of which the individual acted, and that such individual made such appearance before city of West Palm Beach~ State of Florida. ) COUNTY OF SUFFOLK ) On the £q~ day of ~'~ 2003, 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, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. ,-- y~RE 'State ot New'~ God, Sion ~qOtr~'~ "'-- 15 STATE OF NEW YORK ) COUNTY OF ~}/~-~/~'~,J ) On the ~ day of April, 2003, before me personally appeared MARILYN CASSIDY STEPHENSON, personally known to me or provided to me on the basis of safisfactor~j evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity as a Representative of the NATURAL RESOURCES CONSERVATION SERVICE, and that by her signature on the instrument, the individual, or the organization upon behalf of which the individual acted, executed the instxument. Notary Public 16 T I T L E P 0 L I C Y ISSUED BY COMMONWEALTH LAND TrrLE INSURANCE COMPANY Commonwealth 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 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, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused iq corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment 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 part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of 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, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been 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 laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) 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: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page ORIGINAL Valid Only If Schedules A and B and Cover Are Attached .,.,--MAY. 29.2003- l:36PM~ICLTIC RIVERHEAD' N0.924 P, 2 ~le No.: RH80030193 SCHEDULE A LandAmerica Commonwealth Amount of XnsuranCe: $~;28,299,10 Date of Policy: Nay 29, 2003 Policy No.: RH80030193 Name of Znsured: THE TOWN OF $OUTHOLD The estate or intereSt in the land which is covered by this policy is: Development Rights T~tle to the estate or interest in the land is vested in; THE TOWN OF $OUTHOLD By deed mede by HENRY RUTKOSK/and HELEN RUTKOSK! to the INSURED dated May 29, 2003 and to be recorded in the Office of the Clerk/Register of sUFFOLK County. The land refenred to in this policy is described on the annexed Schedule A - Description, Cou ntersigned: Fee Policy Insert .... MAY. 29.200 - I: 6?M 'CLTIC RIVERHEAD- NO, 924 P. 3 SCHEDULE B Exceptions from Coverage · does not insure against loss or damage (and the Company will not pay costs, attorneys' fThe le_ss :°rliexCY[ enses) which arise by reoson ofthe following: P Rights of b~nantS or persons in possession. Right of Way (to the Long Island Pail Road) recited in Deed recorded in U~r 5704 page 452. Receipt and Release (Map No. 36) filed by The County of Suffolk for the Widening of Middle Road & Middle Road Extension recorded in tiber 70[8 page 585. Agricultural Assessment reCOrded in tiber 8830 page 413. Agricultural Assessment recorded in tiber 8995 page Agricultural Assessment recorded in tiber 9[87 page Z65. Agricultural Assessment recorded in Uber 9525 page 13.7. Agricultural Assessment recorded in tiber 9525 page ltg. Agricultural Assessment recorded in Liber 9750 page 506. Agricultural Assessment recorded in Uber 9750 page 5Z0. Agricultural Assessment: recorded in Uber 9322 page 484. Agricultural Assessment recorded in Liber 11663 page 125. Survey made by .lohn C. Ehlers, Land Surveyor last dabad ~2/0[/02 covering premises and more shows subject premises as vacant land; a)roeds or trails On or along easterly record lineS; b) Hedge encroaches an undet:ermined distance NorLh of the southerly record line. No other variations or encroachments. Subject to possible easement right of others than the insured in, to and over the marls or trails as shown on the survey used herein. 2002/03 2"a half Town and School t:axes. Fee Policy Znser~ File No.: RH80030193 ZZ.0_ TAX L T_LO_T_OQ3_.QO_.QO3), SCHEDULE A - DESCRIPTION ALL that certain plot, piece of parcel of land situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Middle Road (County Road 48) where same is intersected by the easterly side of land now or formerly of George Miaris and Sofia Miaris; RUNNING THENCE along the southerly side of Middle Road (County Rd 48) the following two (2) courses and distances: North 14 degrees 23 minutes 13 seconds East, 257.30 feet; 2. Easterly along the arc of a curve bearing to the right having a radius of 1909.36 feet a distance of 157.03 feet to land now or formerly of Carucci; Casmo RUNNING THENCE along said lands South 36 degrees 29 minutes 49 seconds East, 637.18 feet to land now or formerly of LIRR; RUNNING THENCE along said lands South 46 degrees 14 minutes 21 seconds West, 332.50 feet to land now or formerly of Miaris first above mentioned; RUNNING THENCE along said lands North 35 degrees 53 minutes 50 seconds West, 422.96 feet to the southerly side of Middle Road (County Rd 48) at the point or place of BEGINNING. Fee Policy Insert Policy/File No: 80030193 PART OF ~ ALL that certain plot, piece or parcel of lend situate lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the southwesterly corner of the premises to be described, said point being distant North 26 degrees O0 minutes O0 seconds West 417.24 feet as measured along the easterly line of land now or formerly of Barney Sidor from the northerly side of Main Rd (State Rte 25); RUNNING THENCE along land now or formerly of Barney Sidor North 26 degrees 00 minutes O0 seconds West, 26.79 feet; RUNNING THENCE still along said land and along land now or formerly of Sidor and the Town of Southold North 31 degrees 15 minutes 40 seconds West, 105.28 feet; RUNNING THENCE still along land now or formerly of Sidor and the Town of Southold the following two (2) courses and distances: 1. North 34 degrees 57 minutes 40 seconds West, 952.60 feet; 2. North 35 degrees 29 minutes 30 seconds West, 1299.37 feet to land now or formerly of the LIRR; RUNNING THENCE along said lands North 46 degrees 14 minutes 21 seconds East, 335.31 feet to land now or formerly of Agnes B. Graboski; RUNN'rNG THENCE along said lands the following two (2) courses and distances: South 36 degrees 09 minutes 45 seconds East, 2672.93 feet; 2. South 34 degrees 24 minutes 53 seconds East, 199.04 feet to land now or formerly of Edward F. Rutkoski; RUNNING THENCE along said lands the following three (3) courses and distances: 1. South 74 degrees 04 minutes 37 seconds West, 114.38 feet; 2. South 21 degrees 27 minutes 33 seconds East, 17.55 feet; 3. South 76 degrees 45 minutes 3:~ seconds West, 120.00 feet to land now or formerly of Henry Rutkoski; RUNNING THENCE along said lands North 21 degrees 27 minutes 33 seconds West, 4.29 feet; RUNNING THENCE North 21 degrees 27 minutes 33 seconds West, 319.88 feet; RUNNING THENCE South 68 degrees 32 minutes 27 seconds West, 243.15 feet to the point or place of BEGINNING. ALTA Owner's Policy Date Printed Nay 22, 2003 Schedule A - Description .' · File No.: RH80030193 LandAmerica Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) ATTACHED TO AND I~tADE A PART OF POLI'Cy NO. RH80030193 ISSUED BY COMMONWEALTH LAND TITLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may herealter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: Hay 29, 2003 Issued at: Commonwealth Land Title Insurance Company 185 Old Country Road, PO Box 419 Suite 2 Riverhead, NY 11901 /? By Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92 TQ~.0037NY (07/00) CONDITIONS AND STIPULATIONS (Continued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This polic~ :s a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by f..ason of matters insured against by this policy and only to the extent herein scribed. (a) The liability of the Company under this policy shall not exceed the least ~, (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest ~insured and the value of the insured estate or interest subject to the defect, lien tencumbranca insured against by this policy. j (b In the event the Amount of Insurance stated in Schedule A at the Date or'Policy is less than 80 percent of the value of the insured estate or in eras or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, them 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 insured 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 insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8, APPORTIONMENT. If the land deecdbed in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance 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 subsequent to Date of Policy, unless a liability or value has .t, herwise been agreed upon as to each parcel by the Company and the insured at e time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF UABILITY. (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, 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 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 pdor 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 modgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on 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 oompany. b) When liability and the extent of loss or damage has been definitely ixed in accordance with these Conditions and St puatons, he 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 thi: policy, all right of subrogation shall vest in the Company unaffected by any act c the insured claimant. The Company shall be subrogated to and be entitled to all rights an, remedies which the insured claimant v~uld have had against any person c property in respect to the claim had this policy not been issued. If requested b the Company, the insured claimant shall transfer to the Company all rights an~ remedies against any person or properly necessary in order to perfect this right c subrogation. The insured claimant shall permit the Company to sue, compromis, or settle in the name of the insured claimant and to use the name of the insure, claimant in any transaction or litigation involving these rights or remedies. if a payment on account of a claim does not fully cover the loss of th, insured claimant, the Company shall be subrogated to these rights and remedie in the proportion which the Company's payment bears to the whole amount of th, loss. If loss should result from any act of the insured claimant, as stated abov~ that act shall not void this policy, but the Company, in that event, shall be require, to pay only that part of any losses insured against by this policy which sha exceed the amount, if any, lost to the Company by reason of the impairment b 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 exi.. and shall include, without limitation, the rights of the insured to indemnitie., guaranties, other policies of insurance or bonds, notwithstanding any terms ¢ conditions contained in those instruments which provide for subrogation rights b mason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the 'Company or the insured ma demand arbitration pursuant to the Title ~_nsurance Arbitration Rules of th American Arbitration Association. Arbitrabl{~--r~atters may include, but are nc limited to, any controversy or claim between the Comgany and the insured arisin out of or relating to this policy, any service of the Company in connection with it issuance or the breach of a policy provision or other obligation. All arbitrabl matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated ~ the option of either the Company or the insured. All arbitrable matters wheal th Amount of Insurance is in excess of $1,000,000 shall be arbitrated only whe agreed to by both the Company and the insured. Arbitration pursuant to this polic and under the Rules in effect on the date the demand for arbitration is made or, ~ the option of the insured, the Rules in effect at Date of Policy shall be bindin upon the parties. The award may include attomeys' fees only it the laws of th state in which the land is located permit a court to award attorneys' fees to prevailing party. Judgment upon the award rendered by the Arbitrator(s) may b entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Titl Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POUCY ENTIRE CONTRACT. (a) This policy together with all endomements, if any, attached hereto b the Company is the entire policy and contract between the insured and th Company. In interpreting any provision of this policy, this policy shall b construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, an which arises out of the status of the title to the estate or interest covered hereby ( 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 b a writing endorsed hereon or attached hereto signed by either the President, Vice President, the Secretary, an Assistant Secretary, or validating officer c authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenfomeable und( applicable law, the policy shall be deemed not to include that provision and a 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 writin required to be furnished the Company shall include the number of this policy an shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmon( Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attache N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owners of 25.1571 acres of active farmland and/or 80,000 square feet acres of non-farmland, situated at Suffolk County Tax Map No. 1000-108-2-3 and part of 1000-115-2-10, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive our rights to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN OF SOUTHOLD By: J3~9~a Y. Horton, Supervisor 5 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowners Henry M./~utkoski 18275 Main Road Mattituck, NY 11952 Helen S. Rutkoski 18275 Main Road Mattituck, NY 11952 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the O~]~ day of A~rn~e% , 2003, before me personally appeared JOSHUA Y. HORTON, personally known to r 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 ~ UELANIE DOROSKI NOTARY PUBLIC, State of Ne~ Yo~ No. 01D04634870 Oualified n SuffoJk Counlv _ Commission Expires September ~0~ :uOO_ G STATE OF FLORIDA ) )SS: On the,?-~5 day of April , 2003, before me personally appeared HENRY M. RUTKOSKI, 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 an owner of the subject premises, and that by his si,gn~,~e--~ 1~ the instrument, the individual, or the persons upon behalf of which the indivi.du~.c,t.e~,~, ~(ecuted the instrument, and that such individual made such appearance befor~h~und~ i§~ the city of West Palm Beach, State of Flori,a. N0tafYP,,~blic C-7~ ~ ~¢'~:'~NomYP.b'~-StamofF~id.!~ ~ [ / I % t · %~,,,~? My Corem ExptresApr 25, 2007 !~ /. %;,*,.~ ~.~/, ~,-' : ' L / t STATE OF FLORIDA ) COUNTY oF 'm )ss: On the ~ day of April , 2003, before me personally appeared HELEN S. RUTKOSKI, 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 sh.e-executed the same in her capacity as an owner of the subject premises, and that b.y.4'i~ signature on the instrument, the individual, or the persons upon behalf of which the hl'dividual/acted, executed the instrument, and that such individual made such appearance bj~ore/~nd, e~i~d in the city of West Palm Beach, State of Florida. ' [ -- ' ' ~ ]~'~ ~.~ NolaryPublic-Sla/eofFIorida [ G R A N T I N F O R M A T I O N THE SUFFOLK COUNTY NATIONAL BANK P.O. BOX 9000 RIVERHEAD, NY 11901 Page: 2 D PERIODIC STATEMENT Account #: TOWN OF SOUTHOLD Jul 31, 2003 Transaction Information (continued) Date Check# Description Amount Automated Clearing House / 07/02 ACH Deposit NY ACH PMT, TRACE 941.63 '- 07/07 ACH Withdrawal USATAXPYMT, EFTPS - CHICAGO ID: 104,568.25- 07/07 ACH Withdrawal WITHHOLD, NEW YORK STATE ID: 19,141.93- 07/ � ACHc.: ._.$, SP Rc3TkOSKf 2b4,-149.55 07/18 ACH Withdrawal USATAXPYMT, EFTPS - CHICAGO ID: 116,204.82- 07/18 ACH Withdrawal WITHHOLD, NEW YORK STATE ID: 19,104.88- DiFeci flectron�c[;ander finc�utne 1k a Na+ona�Barf�.S3Pe�atkws[�epa�tme 8`0 9d16��rc�ra�d'�IY f �4 SEE REVERSE SIDE FOR IMPORTANT INFORMATION REOUEST FOR ADVANCE OR REIMBURSEMENT CCC and USDA-NRCS ,Town of Southold. 53095 Route 25 ,PO Box 1179 ,c~*l,~'&~.~ Southold, NY 11971-0959 Approved by Office of Management and PAGE OF Budget, No. NO-ROI83 Request #1 PERIOD COVERED 9/30/02 Town of Southold COMPUTATION Ot~-,AMOUNT OF REIMBURSEMENTS/ADVANCES UESTED (~) (b) (e) PROGRAMS/FUNCTIONS/ACTIVITIES ~. FPP TOTAL .. ouU,y, tod,t, 5/29/03 $528,299. tO $ $ $ .. ~, 528,299. l~ ~* Federal sh.re of ~mount on ~tne e 264,149.5~ , ~i,~ ~(,, ~) 264,149.5[ 264,149.55 CERTIFICATION I certRy that to the best of my knowledge and belial the data above ara correct and that all outlays were mede In accordance SIGNATURE OF HORIZED~G OFFICIAL Jos'~hua Y. ltorton Sun~rvisor (631)765-1889 ,,1 ACCOUNTING & FINANCE DEPT. John A. Cushman, Town Comptroller Telephone (631) 765-4333 Fax (631) 765-1366 E-mail: accounting@town.sour hold.ny.u s TOWN HALL ANNEX Feather Hill, Building 10 620 Traveler Street P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD OFFICE OF THE SUPERVISOR June 10,2003 Marilyn C. Stephenson United States Department of Agriculture Natural Resource Conservation Service Lee O'Brien Federal Building, Room 333 Albany, NY 12207-2350 Re: SF-270 Request for Reimbursement Rutkoski PDR Dear Ms. Stephenson: Enclosed please find the completed and signed SF-270 Request for Reimbursement for the Rutkoski purchase of development rights which closed May 29, 2003. A photocopy of the deed and related recording documentation is also included to provide proof of the recording. Please feel free to contact me should you require any additional information. Your assistance with this matter is appreciated. Very truly yours, Town Comptroller cc: Melissa Spiro, Land Preservation Department'/' 2 0 0 3 P R E S S C O N F E R E N C E United States Department of Agriculture NRC5 Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 NEWS FOR IMMEDIATE RELEASE contact: Joseph R. DeIVecchio, State Conservationist Phone 315-477-6504 Marilyn C. Stephenson, FPP Program Manager Phone 518-431-4110 ext. 100 Joshua Horton, Supervisor, Town of Southold Phone 631- 765-1800 Melissa Spiro, Land Preservation Coordinator Phone 631-765-5711 Town of Southold and NRCS Protect the Rutkoski Family Farm SYRACUSE, NEW YORK (06/19/2003) - NRCS State Conservationist Joe DelVecchio announced today that the Town of Southold has used the federal Farmland Protection Program (FPP) to purchase the development rights on the Henry and Helen Rutkoski Farm, Mattituck, Suffolk County, New York. DelVecchio said "NRCS is pleased to work in partnership with Town Supervisor Joshua Horton to protect Southold's prime farmland. The Farmland Protection Program will enable the Town to protect the most threatened farmland, while providing the commumty with significant environmental and economic benefits. We support the Town's goal of protecting an additional 7,000 acres of farmland and look forward to working with the Town on future Farmland Protection Program projects." The Rutkoski Family has been fanning thc land for three generations. The farm is a ~'adifional Long Island farm producing mainly truck crop vegetables. Through the Farmland Protection Program, 25.9 acres were permanently protected fxom development. NP,.CS awarded the Town of Southold $547,000 in federal financial assistance last year in an effort to protect the most threatened farmland in their community. A portion of the federal funds were used to protect the Rutkoski Farm. The Farmland Protection Progznm allows landowners to be compensated for voluntarily limiting future development on their land. Landowners retain many property rights, according to the provisions specified in the deed of development rights. The deed of development rights restricts non-farm development and subdivisions, thereby protecting farmland from development pressure, ggtt "The U.S. Department of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis of race, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status. (Not all prohibited bases apply to all programs.) Persons w/th disabilities who require alternative means for communication of progeam information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720- 5964 (voice or TDD). USDA is an equal opportunity provider and employer." JOSHUA Y. HORTON SUPERVISOR Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 1t971-0959 Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FOR IMMEDIATE RELEASE CONTACT: Supervisor Josh Horton 631/765-1889 Melissa Spiro Land Preservation Coordinator 631/765-5711 RUTKOSKI FAMILY FARM IN MATTITUCK PRESERVED SOUTHOLD, NY - The Rutkoski Family has been fanning in Mattituck for three generations. Utilizing funding provided by the Farmland Protection Program (FPP), the Town of Southold was able to purchase the development rights on 25.9 acres from Henry and Helen Rutkoski and protect this precious farmland forever. In October 2002, the Natural Resources Conservation Service (NRCS) awarded the Town $547,000 in federal financial assistance in an effort to protect and preserve farmland. The FPP offers a matching grant of 50% of the fair market value ora conservation easement. A portion of these funds were used to protect the Rutkoski farm. "The preservation of the Rutkoski Farm marks the dawn of a new era of partnership between our Federal Government and Southold Town," said Southold Town Supervisor Josh Horton. "Every time we work together to move farmland through the preservation pipeline into permanent protection, we're preserving a way of life that defines Southold Town." According to NRCS State Conservationist Joe DelVecchio, "NRCS is pleased to work in partnership with Town Supervisor Joshua Horton to protect Southold's prime farmland. The Farmland Protection Program will enable the Town to protect the most threatened farmland, while providing the community with significant environmental and economic benefits. We support the Town's goal of protecting an additional 7,000 acres of farmland and look forward to working with the Town on future Farmland Protection Program projects." John v.H. Halsey, President of Peconic Land Trust, said, "It is very gratifying to know that another generation of the Rutkoski family will be able to continue farming on their family-owned land. The Rutkoskis' long-time commitment to conservation and farming in Mattituck is commendable, and Peconic Land Trust is pleased to have played a role in their sale of development rights to the Town of Southold." For more information, contact Supervisor Horton at 631/765-1889 or Land Preservation Coordinator Melissa Spiro at 631/765-5711. Rutkoski Farm Development Rights Easement Acquisition Owners: Helen and Henry Rutkoski Location and acreage: Rutkoski development rights easement purchase involved 2 parcels: The larger parcel is located on the north side of Main Road, approximately 1428 feet west of the intersection of Main Road (State Route 25) and Elijah's Lane in Mattituck. The development rights easement is on 21.1551 acres of the 22.99 acre parcel. A 2 acre area, including the Rutkoski's home and agricultural structures, was not included in the development rights easement. The second parcel is located on the south side of CR48 in Mattituck, approximately 1094 feet west of the intersection of CR48 and Elijah's Lane. This parcel is to the north of the first parcel, on the north side of the Long Island Rail Road. This parcel is 4 acres. The development rights easement is on the entire parcel. Purchase Date: The Town acquired the development rights easement on May 29, 2003. Purchase Price: The purchase price for the total acquisition was $528,299, which was $21,000 per acre. Federal Funding: In 2002, the USDA Natural Resources Conservation Services selected the Town's application for funding under the 2002 Federal Farmland Protection Program. The Town was awarded $547,000 for the top ranked farms on the application. The Rutkoski Farm was the Town's top ranked farm. The Farmland Protection Program is funded through the Commodity Credit Corporation. The Federal share of the easement acquisition is 50 percent of the purchase price. The Town will be receiving re-imbursement for 50% of the Rutkoski easement acquisition, in the amount of $264,150. Misc. In 2001, the Town acquired a development rights easement on 18 acres of the adjacent property to the west (Barney Sidor's farm). Henr M. & Helen S. Rutkoski during press conference at farm - June 2003 Rutkoski Farm - June 2003 June 2003 Press Conference Marilyn Stephenson speaking Henry & Helen Rutkoski Joe Gergela speaking Melissa Spiro speaking Rutkoski Farm Joshua Y. Horton Town Supervisor Rutkoski & Horton 16 ~ Traveler Watchman ~ Thursday, June 26, 2003 Rutkoski Farm Preserved Becomes Contiguous 83 Acre Holding By Gary P, Joyce -- A three-generation Mat- tituck farm family officially t~ansferred the development rights of 25~9 acres of their Main Road-abutting proper- ty using federal Farmland Protection Program funds to become par~ of a contiguous 83~9 acres of farmland to be protected from develop- ment. "I didn't want the land to end up looking like that," said Henry Rutkoski, point- ing to several houses loom- ing over the farmland to his east. This was Rutkoski's answer for the whys of transferring the develop- ment rights. tn a short presentation attended by federal, state and local officials, Marilyn Stephenson, of the National Resources Conservation Service of the Department of Agriculture, presented Henry and Helen Rutkoski with a brass clock in commemoration of the trm~sfer, noting that "We closed this deal in record time; only nine months. Farmland is threatened." She further added that speed in preservation was essential. "The preservation of the Rutkoski Farm marks the dawn of a new era of partnership between the Federal Government and Southold Town," said Horton. "Ever3, time we work together to move farmland through the preservation pipeline into permanent protection. we're preserving a wa3, of life that defines what Southold Town is." Photos by Gary p, Joyce/Traveler Watchman Left to right are Henry Rutkoski, John v. H. Halsey, Helen Rutkoskl, Josh Horton, Marilyn Stephenson and Melissa Spiro. "It's important to acknowledge that what we're working on is a partner- ship that bears fruit," said John v. H. Halsey of the Peconic Land Trust. "It's not just about preserving land, it's about preserving the lamas." Called the "heartbeat of the land preservation program" by Town Supervisor Josh Horton, the town's Land Preservation Coordinator, Melissa Spiro, added, "1 know now that each time I drive by this farm, for however long that may be, it will be agricultural land no matter what." Southold Town GIS map showing the preserved parcel. All aboard for Hooterville buy Town & leeds team up on $5~8K Mattituck £arm rights purchase ~I/Tim Kelly MATTITUCK--With the sun on his shoulders and a halo of town officials m'ound him, Henry Rutkoski stood at the edge of the rows of leafy potato plants running in parallel lines straight up to the northern horizon. And he smiled. On a rare rain-flee day he and his wife, Helen, together with representatives of the town, agricul- rural and local conservation groups, celebrated the permanent preservation of a part of the farm his family has worked for three generations. Why, Mr. Rutkoski was asked toward the end of Monday's press conference, did he decide to sell some of his land's development rights? Motioning toward a row of houses just east of his fields, he answered. "I didn't want it to look like that over there," he said. By accepting the payment of $528,200 lot the rights to just under 26 acres, the Rutkoskis added their farm to a belt of previously protected land to the west that includes parcels owned by, and worked by, the Sidor and Ruland families. The Rutkoski fm'm is perhaps best known for the family's "Hooterville" farmstand on the north side of Main Road. It's named after the fictitious small town featured on "Petticoat Junction," a classic tel- Su~ol~ Tit-nos p~to oy dudy Ahmn$ Marllyn Stephenson of the USDA shaking hands with Henry and Helen Rutkoskl at Monday's cern- See Hootervllle, page 33 mony In Mattltuck, with other regional officials looking on. Hooterville buy. ~.- From page 3 evasion show from the 1960g "Our kids named it," Mrs. Rutkoski said. Of theft five children, their son, Bobby, still works the farm and grows 60 acres of potatoes, 135 acres of field corn, plus peas and beans. The elder Mr. Rutkoski described himself as "semi-retired." Southold Supe~:~isor Josh Horton said the farm is a "national treasure" and the farm business is "a rooted tra- dition and part of the cultural history of the town." The town and the U.S. Department of Agriculture's Natural Resources Conservation Service split the cost of the Rutkoski farm's development rights, which sold for $21,000 :an acre. The federal share came~ from the $550,000 given to the town lust fall. The land Sale dosed on May 29 a/tot rune months of work. That's "record time,? said Maril~,n Stephen- son, the Conservation-Service's pro~ gram manager. Speaking of the town's pleased that we can work with a part- ner so quickly because farmland is threatened." The Peconic Land Trust assisted the town in negotiating the deal. "It's not just about preserving land, it's about preserving farmers," said Land Trust president John Halsey. Throughout the East End the.own- ers of 5,000 agricultural acres are will- mg to participate in ~variou~ preserva- tion programs, but more money is needed/rom beyond the town's bor- ders, said ,Joe Gergela, executive director of the Long .Island Farm Bureau. The price for purchasing the development rights from willing farm- land owners is about $60 million statewide, said Mr. Gergela. But the $550,000 Southold Town reCeived in federal funding last year was all that was given to the entire state. Although officials from various lev- | els ~,.ave. spoken out in rcqu, es~g addR~on~ aid; ,','we need to make'that voice stronger, Mr. Gergela said. P R O P E R T Y R E C O R D S Henry Rutkoski By Riverhead News-Review Henry Rutkoski of Mattituck died Dec. 22, 2013, in West Palm Beach, Fla. He was 87. He was born July 14, 1926, to John and Laura(Wagner) Rutkoski. He graduated from Mattituck High School in 1944 and married Helen Penski in Hudson Heights,N.J., on Oct. 17, 1953. A lifelong farmer and North Fork resident, Henry ran the Hooterville Farm Stand for 45 years. In the community, he was a communicant of Our Lady of Ostrabrama R.C. Church and a member of the Knights of Columbus, the Polish American Club in Riverhead and Mattituck Fire Department, where he served as a chief and commissioner. He is survived by his wife, Helen; his children, Patricia Deerkoski of Florida, Thomas Rutkoski of Colorado, Robert (Marilyn)Rutkoski of Mattituck and David (Mary) Rutkoski of Delaware; seven grandchildren, Brian Slaga, Greg Deerkoski, Michael Rutkoski, Jennifer Rutkoski, Jessica Rutkoski, Christopher Rutkoski and Noah Rutkoski; and a great-grandson, Robert Slaga. He was predeceased by a son, John Rutkoski, in 2003 and by nine siblings: Stanley Rutkoski, Jean Hauck, Bertha Bokina, Helen Simchick, Ann Dixon, John Rutkoski Jr., Josephine Gevinski, Mary Kaider and Edward Rutkoski. The family received friends Dec. 27 at DeFriest-Grattan Funeral Home in Mattituck, where firematic services were held. The Liturgy of Christian Burial was celebrated Dec. 28 by Father Stan Wadowski at Our Lady of Ostrabrama R.C. Church. Interment was at Sacred Heart R.C. Cemetery in Cutchogue. Memorial donations to the Mattituck Fire Department Rescue Squad would be appreciated. 2005 Suf~k Co ,~ax Map'~k 7.36 File View Toolbar Held J108.-2-31 " 473BBgSouthold ', Active BZS:,I, $~i: M~ttituek~h~ol~', Rutkosk. Hem~ RollYea: ~ Cqn Yr Land rightJ :~,:;/:,~ L~d:Av: 500 11170 CR 48 Land Size: 4.00 acres , : ~: ~; ~alAV:- 5~;, :;~ ~,; Ownm Total: 2 ~ Taxable Value ? : ~j~eela~S Name: Hem~ M Rutkoski ~ Co~ty: 0 : B~' 3: ~ddlAddr: M~i'. 0 ~ ~ Pa~[ o0181 PO eo~: ? : e~: ~ity: Mattituck. NY Zip: 11952- ~ Sohlafler~ar: 0 ~ A~No: i~?':, Sale Total:0 ~ Si~elo~l ~d 0otO ~ Book Page Sa~eDate SalePfice Owner PrpcE: Land~ght~ : Nbhd Cd: 0 ~ ~ Sewer: ~: Water: ~ U61~ie~ Exemption Tolal: 1 Term Own Bullring Total: 0 Code Amoun[ Year Pct 41730 AGR-INDAPP 500 0 0 Special District To[al: 4 Value/ * Improvement T~al: 0 ~ Type Name Dim1 Dim2 SQFT Code Units Pot Type Move Tax ~ FD030 Maltituck FD _00 .00 .00 PR071 Mattituck Pad .0O .0g .00 ~ Prints the screen -? StartJ ~!~ Inbox - Microsoft Outlook J: I~/,.~1 RPS Version 4 - [Soap... ~":I File View Toolbar Help Rutkoski. Henry M RollYea~:J2006 £un Yr Land lightt 18005 Route 25 : Land size!21.16 acres Owner Tota 2 ..,. fa~ableVaoe Name: Henr.~ M autkoski r'- 6ount~ Street: 18275 Route 25 Sc~ol PO Bo~: City: Hattituck. NY Zip: 11952- ~ Sc~taffer ~ar: 100 . Ac~'NO: 14 Sale Total: 0 Site 1 Book Page Sale Date Sale P[ice Owner PrPo~ Nbhd ~& 0 5ewer~ Utilities: Exemption Total: 1 Te~ O~n Building Tot~ Code Amount Year Pot 41720 AG DIST 2.500 0 0 Special Oishict Total: 4 Value / * Improvement Total: 0 Code Units Pct Type Move Tax ~ T~pe Name Dim1 Dim2 SQFT Yr Built FD030 Mattituck FD .00 .00 _00 PK071 Mattituck Pml _00 .00 .00 ~ Prints the screen ....¢ St:arti ~ ,nbox-r'4icroso¢[ Ou'dook J[ e RP~; Var,ion 4-[,nap... M O N I T O R I N G R E P 0 R T S DEVELOPMENT RIGHTS EASEMENT MONITORING REPORT Date of last visit: June 2003 Date of this visit: May 18, 2006 Tax Map #1000-108-2-3 & 115-2-10.2 Easement acreage: 25.1571 acres Location of Property: Purpose of Easement: 1. Current Owner(s): Address: 1117 CR 48 and 18005 Rte 25 Mattituck, NY agricultural value Henry M. & Helen S. Rutkoski 18275 Main Road Mattituck, NY 11952 Telephone No. 631-298-4229 2. Contact Person, if different from above: fda 3. Prior notification required before visit? Specific terms? none Did owner/representative accompany the monitor? (names). No No 4. Were you able to walk the easement boundaries? Yes 5. Condition of Property: plowed and planted 6. Land use: What are the present land use practices? What are the future land use practices contemplated by the landowners? Describe. Are they consistent with the terms of the easement? (check if disallowed by easement) o Top Soil removed No [] Hazardous substance generation No [] Hazardous substance storage No [] Hazardous substance disposal No [] Landfill No [] Waste disposal No [] Exploration/extraction of minerals No ~ Exploration/extraction of hydrocarbons No ~ Recreational activities degrading/compacting soil No 7. Man-made alterations: Have there been any additions or deletions of man-made alterations to the property? Fences No Ponds No Road No Trails No Buildings No Power lines No Other No If so, has the LPC been notified of the activity as per the easement? Describe. n/a 8. Natural events: Have any natural events occurred since the last visit? Describe. Flood No Plant Disease No Other No Erosion Yes Vegetation No (non-native/invasive vegetation) Natural erosion appears to be occurring in low level area where nurservy tree stock has been planted. Are the restoration procedures, if any, consistent with the terms of the easement? No restoration procedures appear to be undergoing at this time. 9. Outline any specific monitoring procedures required for this easement, if necessary. None 10. Describe the use and conditions of the surrounding properties. Are any threats imposed upon the easement by the current use of the adjacent properties? Exotic Species Stormwater Runoff No New Structures No No Other No Land Steward(s) Comments: Allan Connell, District Conservationist for USDA-NRCS, accompanied us on this field inspection. He had concerns with erosion problem in low lying area and suggested possible restoration procedures. Landowner(s) Comments: n/a I(We), Melissa Spiro, Land Preservation Coordinator and Melanie Doroski, Administrative Assistant, Monitor(s) for the Southold Town Department of Land Preservation and/or Land Preservation Committee for the above property, agree that this report is an accurate representation of the physical condition of the property under the easement. Signature: s/ Signature: s/ Date: May 18, 2006 Date: May 18, 2006 I(We), n/a [print], Owner(s) and/or Representative for the Owner(s) of the above property, agree that this prepared report is an accurate representation of the physical condition of the property under the easement. Signature: Date: Signature: Date: S:\Feather_Hill\Land Preservation\LPC agenda and status\monitoring report form.doc RUTKOSKI FARM 1117 County Road 48 & 18005 Route 25, Mattituck SCTM #1000-108-2-3 and #1000-115-2-10.2 Development Rights Easement - 25.1571 acres Field Inspection for Property Monitoring Thursday, May 18, 2006 Allan Connell, District Conservationist - USDA-NRCS Melissa Spiro, Land Preservation Coordinator - Southold Town Melanie Doroski, Administrative Assistant- Southold Town 1. Photo taken from southwesterly corner of easement along property boundary line behind ag buildings that are located within reserved area, facing in a northeasterly direction. 2. Photo taken from westerly dirt farm road looking northeasterly into Iow level erosion area. 3. Photo taken in Iow level erosion area facing easterly towards planted nursery tree stock. 4. Photo taken from east-west dirt farm road facing in a northwesterly direction showing cover crop of oats, wheat. A E R I A L S Map Prepared by Town of Southold GIS July 9, 2002 Aerial Photographs Taken From Spring 2001 Flight S~JffOlk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2002, County of Suffolk, N.Y. S U R V E Y % ~ILDIN~ DETAIL ~ole: I"= 50' · h-fONUr"fENT o PiPE AREAS: NORTH PARCEL = 4.00 ACRES SOUTH PARCEL : 22.qq ACRES ®RAPHIC SCALE I"= IOO' JOHN C. EHLERS LAND SURVEYOR 6 F~ST MAIN S 2REET N.Y.S, LIC. NO. 50202 RIVERItEAD, N,Y. 11901 369-8288 Fax 369-8287 REF-\'&Ip servefid~PROS\02-315.pro Moin N SITUATE, MATTITUCK TO~N: SOUTHOLD SUFFOLKCOUNTY, AMENDED 12 OI 02 ~UFPOLK COUNT% TAX IO©O - lib - 2 - IO CBRIllefED TO~ OF SOU~OLD ~S~CE CO~ FINAL SURVEY 2 0 0 1 A E R I A L M A P Henry & Hde R tkosk[ SCTM# 1000 ~ 108.-2-~3 & 1000 ~ I 15. ~2 Approximately 24.9 Total Acres Map Prepared by Town of $outhold ~6i 2003