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Sepenoski, John B Jr
1000-69-1-6.2 (f/k/a 1000-69-1-p/o 6) Baseline Documentation Premises: 37025 County Road 48 Southold, New York 35.0906 acres Development Rights Easement JOHN B. SEPENOSKI, JR. to TOWN OF SOUTHOLD Deed dated December 1, 2004 Recorded December 9, 2004 Suffolk County Clerk - Liber D00012359, Page 536 SCTM ii: Premises: 1000-69-1-6.2 (f/Ida 1000-69-1-p/o 6) 37025 County Road 48 Hamlet: Southold Purchase Price: Funding: $973,482.00 (32.4494 buildable acres $30,000/acre) Community Preservation Fund (2% land bank) and NYS Ag & Markets Grant ($310,451.00 reimbursement) CPF Project Plan: Yes Total Parcel Acreage: 40.0906 acres Development Rights: 35.0906 easement acres (includes 1.4129 acres LILCO easement and 1.2283 acres wetlands excluded from purchase price) Reserved Area: 5.0 acres Zoned: A-C Existing Improvements: none on easement in December 2004 A. PROPERTY DESCRIPTION LEGAL The property is legally identified for tax purposes on the Suffolk County Tax Map as being in District 1000, Section 69, Block 1, Lot 6 (part ot). LAND The appraised parcel is situated on the northerly side of Middle Road, just west of North Road. It has an irregular configuration with approximately 550+ feet (total) of paved road frontage along Middle Road. The appraised land area is 34-.3+ acres which does not include a 400+' x?00+' parcel (or 5 acres) which is to be retained with full ownership rights by the property owne~. This excluded 5+ acres of land is situated in the center portion of the tax parcel, fronting on Middle Road. The land size is taken from the Suffolk County Tax Map. The land has generally level topography, at or near road grade, and gradually slopes upward toward the northerly boundary. The soil conditions appear able to support development based on surrounding land development, and overall drainage appears adequate. The majority of the land is cleared farmland. There is a small wooded portion which runs along the northerly boundary, north of the utility easement, and a small wooded area in the northeast comer of the parcel. A. PROPERTY DESCRIPTION (CONTINUED) LAND (CONTINUED Middle Road is a two lane, macadam paved, publicly maintained roadway. There are no street improvements. Public utilities available to the parcel include electric, water, and telephone. However, application would have to be made for public water hookup. Water could also be provided via private, on-site well which is common in this area. Domestic waste is by private on-site septic system, as there are no sewers. There are high tension electric lines with towers traversing the appraised parcel in an east/west direction at its northerb' portion. The presence of this utility line easement would not likely have an effect on the potc~itial yield for residential subdivision use of the property. There is ample access from Middle Road to the entire parcel. In summary, the appraised parcel has an irregular shape, and contains a land area of 34.3+ acres of which is mostly cleared farmland with only a small wooded portion along the northerly boundary. The appraised parcel has extensive paved road frontage with access from Middle Road, and the land appears to be able to support development with a functional size and configuration. The presence of the utility line easement which is at the property's northerly boundary does not reduce overall market appeal. IMPROVEMENTS The appraised property is vacant land. P R 0 P E R T Y V I S U A L S ! ! I I I I I I I I I I I I I I SUB~JECT TAX MAP LOCATION N 5.0_+ acres Peconic Land Trust tile Lands of Sepenoski Town of ~)u thold Suffolk County, New York Concept Plan 'Fax Map Number: 1t~}9-69-1-6 Total Acreage: 39.9± acres ! ! SUBJECT PHOTOGRAPHS Year 2003 I I I I I I ! I I I I I I I I Subject's Westerly Road Frontage Sub. iect's Easterly Road Frontage ! ! SUBJECT PHOTOGRAPHS Year 2003 I I I I I I I I I I I I I View l.ooking N()rlheasterly Across Subject Parcel View Looking Southwesterly Across Subject From North Bounda~, SUBJECT PHOTOGRAPHS Year 2003 I I I I I I ! I I I I I I I North View Showing Utility Line Ease~nent m~d Wooded Boundary Somh View iI SUBJECT PHOTOGRAPHS Easterly View Along Middle Road From Subject Westerly View Along Middle Road From Subject Year 2003 Map Prepared by Town of Southold GIS September 29, 2003 Aerial Photographs Taken From Spring 2001 Flight Suffolk County Real Properly Tax Sen/he Agency GIS Basemap COPYRIGHT 2003, County of Suffolk, N.Y. I I I I I I I I I I I I I I I I Back To TerreServe? Ch~mge to ix] 7 Print Size Siiow Grid Lines CI ange t© Landsc~.~pe ;LAND soUND R , / SOUTHOLD ZONING MAP SHOWING SUBJECT E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Sepenoski 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 Southold, Town of Southold, County of Suffolk, New York. The 34 acre parcel of agricultural property is located on the northwest side of Route 48, approximately 1,769 feet southwest of Ackerly Pond Lane and is part of a larger 39.3 acre parcel. This report pertains to the 34 acre agricultural portion of the subject property only. The property is more particularly described as Suffolk County Tax Map # 1000-69-01- p/o 6. An inspection of the property revealed the site consists of active farm field. An electrical utility easement runs across the western portion of the property. Several pieces of old rested farming equipment, tires, pieces of wood and asphalt shingles were observed in a wooded area located at the northeast comer of the property. A wetland area, with standing water, was observed in the northeast quadrant of the subject property. A shallow ravine is located in the northwest quadrant of the subject property along the utility easement. Two (2) old tracks were observed in this ravine in the central portion of the site. No irrigation wells were observed on the property and there were no building footprints or evidence of former buildings observed. No staining, residue, odors, or stressed vegetation was observed on the property. No Sanborn map coverage was available for the site. Aerial photographs from 1938, 1969, 1976, 1980, 1994 and 2001 were reviewed in order to determine if any prior uses occupied the site. This review revealed the property was farmland in all of the aerial photographs. The USGS Southold Quadrangle Map dated 1943 and 1956 depicted the subject property as cleared land. An extensive government records search found no potential sources of environmental degradation on the subject property. Two Federal, State and County documented regulated sites were noted within one-half (0.5) mile of the site. Specifically, one (1) closed spill incident is located within one-half (1.0) mile of the subject property and one (1) RCRA generator is located in close proximity to the subject property. Sepeno~ki Property, Southold Phase I ESA In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, the following recommendations are issued: The tires, wood and shingles and other debris located in the northeast comer of the property should be removed and the debris properly disposed of. If any staining, residue or release is noted during the removal process, soil screening and/or sampling and analysis should be completed to verify if elevated concentrations are present. The old farm equipment and trucks located in the northern portion of the property should be removed and properly disposed of. The area should be inspected and soils screened as appropriate to ensure that no release has occurred. If property is to be used for residential purposes in the future it is recommended that the presently farmed areas of the property should be sampled for the presence of pesticides and metals. Page 2 of 26 ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG iSLAND NEW YORK 11952 631-298-8353 TEI,EFAX NO. 631-298-8565 wwblaw~aol.com December 1, 2004 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE I 1 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Ms. Melissa Spiro Town of Southold Department of Land Preservation Post Office Box 1179 Southold, New York 11971 Re: Sepenoski to Town of Southold - Sale of Development Rights Dear Melissa: This,is to confirm that the items on the Sepenoski storage pile area are permitted to remaiv following the Town's inspection. The area is depicted in the enclosed photos. Very truly yours, Abigail A. Wickham A A W/dm 30/shdtld FIGURE 1 LOCATION MAP I I I I I I I I I I I I Source: DeLorme Street Atlas I Scale: Not to Scale Sepenoski Property, Southold Phase I ESA NORTH I I I ! I I I I I I I i I ! FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program ,2001 Scale: 1" = 300' Sepenoski Property, Southold Phase 1 ESA NORTH FIGURE 3 Sepenosld Property, Southold Phase I ESA I I I I I I I I ! I I I I WATER TABLE MAP Approm Site Location 6101 t-~ E C 0 N t C B A Y Source: SCDHS Water Table Contour Map, 1999 iScale: 1" = 8,000' "8871~ ¥¥ °581 °58958 '~ I 20' ~ "48433 /'8] NORTH OVERVIEW MAP - 1162367.2s - Nelson, Pope & Voorhis LLC i, Target Property Sites at elevations higher man or equal to the targa[ property Oil & Gas D~oel~nes * Sites at elevations lower than lO0-year flood zone i__the t~rget property Coal Gasification Sites 500-vear flood zone Federat Wetlands ~-- National Priority List Sites State Wetlands Landfill Sites - Dept. Defense Sites TARGET PROPERTY: Sepenoski Property CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: 37025 Route 48 CONTACT: Marissa Da Breo CITY/STATE/ZIP: Southold NY 11958 INQUIRY#: t 162367.2s EAT/LONG: 41.0559 / 72.4570 DATE: March 31. 2004. 5:45 pm DETAIL MAP - 1162367.2s - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Coal Gasification Sites Sensibve Receptors Oil & Gas pipelines 100-yearflood zone 500-yearflood zone Federal Wetlands -- Nation~{ Priority List Sites ! ! Landfill Sites De0t. Defense Sites State Wetlands TARGET PROPERTY: Sepenoski Property CUSTOMER: Nelson, Pope & Voornis LLC ADDRESS: 37025 Route 48 CONTACT; Marissa Da Breo CITY/STATE/ZIP: Southold NY 11958 INQUIRY#: 1162367.25 LAT/LONG: 41.0559 / 72.4570 DATE: March 31. 200z~ 5:45 pm PHYSICAL SETTING SOURCE MAP - 1162367.2s County Boundary Major Fteads Water Wells Public Weter Supply Wells Cluster of Multipte Icons Groundwater Flow Direction Indeterminate Groundwater Flow at Location Groundwater Flow Varies at Location Closest Hydrogeolog~cal Data TARGETPROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Sepenoski Property 37025 Route 48 Southold NY 11958 41.0559 / 72,4570 CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Bree INQUIRY #: 1162367,2s DATE: March 31, 2004 5:46 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town 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. 183 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 9, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ March 23~ 2004~ at 8:00 p.m. Southold Town Hail~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by John B. Sepenoski~ Jr. and others. Said property is identified as part of SCTM #1000-69-1-6. The address is 37025 County Road 48, Sonthold, New York, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ March 23~ 2004~ at 8:00 p.m.~ Southold Town HalL 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by John B. Sepenoski~ Jr. and others. Said property is identified as part of SCTM #1000-69-1-6. The address is 37025 County Road 48, Southold, New York, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. NOTICE IS HEREBY FURTHER GIVEN that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: March 9, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 11~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Melissa Spiro (4) Town Clerk's Bulletin Board Town Board Members Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING March 23, 2004 8:00 P.M. (actual 8:16 P.M.) HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF SEPENOSKI~ JR. AND OTHERS~ SCTM #1000-69-1-6~ 37025 COUNTY ROUTE 48~ SOUTHOLD. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Fiunegan Absent: Councilman William P. Edwards COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ March 23~ 2004~ at 8:00 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by John B. Sepenoski~ Jr. and others. Said property is identified as part of SCTM #1000-69-1-6. The address is 37025 County Road 48, Southold, New York, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Sonthold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thir .ty thousand dollars) per buildable acre. The property is listed on the Town's Communi ,ty Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. NOTICE IS HEREBY FURTHER GIVEN that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. I have a notification that the public heating has been published in the local newspaper and it has appeared on the Town Clerk's bulletin board outside. I have no further communications on this subject. March 23, 2004 2 Public Hearing-Sepenoski SUPERVISOR HORTON: Okay, thank you, Councilman Wickham. The floor is open to the public on this public hearing. And our ever faithful, hardworking Land Preservation Coordinator is here. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, good evening. I am Melissa Spiro and as the Supervisor mentioned, the Land Preservation Coordinator. As noted in the public heating notice, this is a farmland development rights easement of approximately 34 acres. The land owner is reserving about 5 acres from the development rights easement and the five acre reserved area is located in the general area of the existing house and improvements and sort of behind it. The approximate location is shown on the aerial map, if anyone wants to take a closer look. The Sepenoski farm is adjacent to other active farms, starting a few parcels to the east, there is a block of about 60 acres, made up of several farms with Town or County development rights easements. Across the street and across the railroad tracks, there is another large block of preserved farms. The farm is on the community preservation plan, it is on the Town's farmland inventory and the farm contains prime agricultural soils. I would also like to note that the land-owners family owns about 60 acres in the vicinity of the subject parcel. Both the Land Preservation Committee and I feel that this is an important farm to protect under the Town's development right program and I thank Mr. Sepenoski for participating in the program and I recommend that the Town proceed with this significant development rights purchase. Thanks. I would also like to note for the record, I know we also have a John Sepenoski on our Land Preservation Committee; it is not the same person. SUPERVISOR HORTON: Thank you, Melissa. I believe he is the first cousin, once removed from this John Sepenoski. Would anyone else care to address the Board on this public hearing? (No response) We will close the heating at 8:20 P.M. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEV]T,I,F, 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. 231 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by John B. Sepenoski, Jr. & others, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM //1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48) in Southold. The development fights easement comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial pumhase of this property and part of the pumhase price may be reimbursed from that agency; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNL/STED A~'r~ONS Only PART I-PRO3ECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPL/CANT/SPONSOR: ~outhold Town Board 2. PRO.1ECT NAME: 3. PROJECT LOCATION: 4. PRECISE LOCA~N~ (Street address and road inte~e~ions, promi.eot landmarks, etc, or provide map) 5, ~s PROPOSED A~ON: ~ ~ New ~ Expansion ~ Modifl~tion ~ ~( 0 e ~e ~6, DE~BE PRO3E~ B~EFLY: IN.ALLY ~ ~,~ acr~ UL~MATELY ~q ~ acres 8. WILL PROPOSED ACT/ON COMPLY WFFH EX~ST/NG ZONING OR OTHER EX/S'rZNG LAND USE RESTR/C110NS? I~; Yes ~ No if No, dear~be bHerTy 9. WHAT IS PRESENT LAND USE IN vIczNrrY OF PRO3ECT?. ~"/Residential r~ Commercial r' Industrial~ Agriculture F Park/Forest/Open space ['~ Other Describe: 10. DOES AC'DION INVOLVE A PERM~r AFPROVAL~ OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL ] AGENCY (FEDERAL, STATE OR LOCAL)? ~.~'~4'~ '~V~GL'~ ~../~'~ S'~r,a.,~ '~.¢~', ~ 4v,.¢~.,~.~'"~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No /£ 12. AS RESULT OF PROPOSED AC1/ON W~LL EX~SI'JNG PERMIT/APPROVAL REQUIRE MODIFICAITON? [-- Yes r~ NO I CERT/FY THAT THE INFORMAT/ON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART II-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 i.A, DOES ACTION EXCEED ANY TYp,E ! THRESHOLD IN 6 NYCRP~ PART 617.47 Y~s~ NO [£yes coordinate.(he rev/ew process end use the ~11 ~ . , . B, WILL A~ON RE~E~E ~OORDINA~D RENEW AS PROVIDED FOR UNLI~D A~ONS IN 6 NY~R~ PART Yes'~ No lf no, a negative d~lara~bn may ~ suspended by another involv~ agen~ C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSIOCZATED WI-FH THE FOLLowING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disposal, potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, h~stonc or other natural or cultural resources; or community or ne~ghEorhoed character. Explain briefly: C3. Ve~,e~at_ion or fauna fishes shellfish, or wildlife species, significant habitats, or threatened {?r endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C5? Explain briefly: C7. Other impacts (including changes in use of either quanUty of type of energy)? Explain briefly: D. V~ZLL THE PRO.1 ECT HAVE AN IMPACT ON THE ENVZRONMENTAL CHARACTERZCS THAT CAUSED THE ESTABLISHMENT OF A CEA? r- Yes~ No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT'r_AL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yesr'~ No PART III- DE~:RMINATION OF SIGNIFICANCE (To be completed by Agency) IflSTRUCT[Oi~ ~: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed ii connection with its (al setting (i.e. urban or rural); probability of occurring; (c) duration; (dO irreversibility; {el geographic scope; and (f} magnitude. [f necessary, add aU. achments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part [I was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmentaJ characteristics of the CEA. r" Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENWRONMETNAL ASSESSHENT FORfll and/or prepare a positive declaration. Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessa~, the reasons supporting this determination: Southold Town Board !Officer in Lead Agency ,/,~e_~.~le or__officer Signature of prepare(if different from of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVH.LE 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. 283 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2004: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by John B. Sepenoski, Jr. on the 23rd day of March, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold, and WHEREAS, the development rights easement comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to active farms, and in the vicinity of other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of property of agricultural lands owned by John B. Sepenoski~ Jr. & others, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-69-1-6 and 37025 County Road 48, and is located on the north side of Middle Road (C.R. 48), approximately 500 feet west of North Road at its intersection with Middle Road (C.R. 48), in Southold. The development rights easement comprises approximately 34.3 acres of the 39.3 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase 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 JOHN B. SEPENOSKI, JR. to TOWN OF SOUTHOLD Development Rights Easement - 35.0906 total PDR acres (1.4129 acres LILCO easement area and 1.2283 acres wetlands area excluded from purchase price) Premises: 37025 County Road 48, Southold SCTM #1000-69-1-6 Closing took place on Wednesday, December 1, 2004 at 12 noon, in the Conference Room located in the Southold Town Hall Purchase Price: Payable to John B. Sepenoski, Jr. (32.4494 acres @ $30,000/buildable acre) Check #79335 (12/1/04) $ 973,482.00 Expenses of Closing: Appraisal Payable to Carol S. Sweeney, MAI Check #74390 (12/2/03) $ 2,200.00 Survey Payable to John C. Ehlers Land Surveyor Check #77329 (7/27/04) $ 4,250.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #76680 (6/1 ~04) $ 1,400.00 Title Report Payable to LandAmerica*Commonwealth Check #79334 (1211/04) Fee Policy Premium Deed Recording (easement) *includes certified copy of deed $ 4,404.00 $ 250.00* 4654.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79333 (12/1/04) $ 75.00 Those present at Closing: Joshua Y. Horton Lisa Clam Kombrink, Esq. John B. Sepenoski, Jr. Rita Sepenoski Abigail A. Wickham, Esq. Karen Hagen, Esq. Melissa Spiro Melanie Doroski John Sepenoski Southold Town Supervisor Special Counsel for Town of Southold Seller Seller's wife Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Land Preservation Committee member and cousin to Seller VENDOR 019220 JOHN B. SEPENOSKI,JR, 12/01/2004 CHECK 79335 H3 .8660.2.600.100 P.O.g INVOICE 120104 DESCRIPTION ~OHNT DEV RGHTS-32.4494 973,482.00 TOTAL 973,482.00 TOWN OF SOUTHOLD ° SOUTHOLD, NY 11971-0959 CAROL S. SWEENEY, MM 127 Swan Lake Drive Patchogue, New York 11772 Phone and Fax (631) 654-0030 October 30, 2003 Ms. Melissa A. Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 RE: Fee for Appraisal Services - Sepenoski Farm S.C.T.M #1000 - 69 - 1 - 6 Complete Appraisal of property located at N/S Middle Road (C.R. 48), west of North Rd. Southold, NY ............................... $2,200.00 TOTAL FEE AMOUNT DUE ................................... $ 2,200.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 019840 SWEENEY, MAI/CAROL JE Date Trx. Date Fund Account ............................. Begi 9/23/2003 9/23/2003 H3 .600 12/02/2003 12/02/2003 H3 .600 4/20/2004 4/20/2004 H3 .600 8/10/2004 8/10/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor .............. Detail--GL100N .......... : W-12022003-566 Line: 313 Formula: 0 : Account.. H3 .600 :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 12/02/2003 SDT 11/26/03 : Trx Amount... 2,200.00 : : Description.. APPRAISAL-SEPENOSKI FARM : : Vendor Code.. 019840 : : Vendor Name.. SWEENEY, MAI/CAROL S. : : Alt Vnd.. : : CHECK ........ 74390 SCNB : : Invoice Code. 103003 : : VOUCHER ...... : : P.O. Code .... 11341 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 12/02/2003 : : Date Cleared. 12/31/2003 : : F3=Exit F12-Cancel F21=Image : ****************************************** JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Invoice # 5/5/2004 2004-161 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Attn: Melanie Doroski Your Client ~John B. Sepenoski, Jr. Date of Service 5/6/2004 Description Survey of approximately 39.3 acres for the purchase of development rights on 34.3 acres. SCTM# ~ My Job # / 1000-69-1-6 L 04-142 Amount 4,250.00 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. Y JE Date Trx. Date Fund Account ......................... Use Acti 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .6OD 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 9/23/2003 9/23/2003 H3 .600 2/24/2004 2/24/2004 H3 .600 4/06/2004 4/06/2004 DB .600 7/27/2004 7/27/2004 H3 .600 8/24/2004 8/24/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor N..a.me. .............. Detail--GL100N .......... : W-07272004-123 Line: 80 Formula: 0 : : Account.. H3 .600 : :Acct Des: ACCOUNTS PAYABLE : : Trx Date ..... 7/27/2004 SDT 8/03/04 : Trx Amount... 4,250.00 : Description.. SURVEY-SEPENOSKI PROP : Vendor Code.. 005322 : Vendor Name.. EHLERS/JOHN C. : Alt Vnd.. : CHECK ........ 77329 SCNB : ~nvoice Code. 2004-161 : VOUCHER ...... : P.O. Code .... 12076 : Project Code. : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 7/27/2004 : Date Cleared. 7/91/2004 : F3=Exit F12=Cancel F21=Image vel u., rupe vuufHl 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04099 Project: VA01478 Sepenoski Property, 37025 Route 48 Manager: McGinn, Steven To: Town of Southold De~t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2434 Invoice Date: May 14, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,400. O0 Contract Item #1: Phase I Environmental Site Assessment Work Performed: 3/25 thru 4/21/04 Contract Amount: $1,400.00 Percent Complete: 100.00% Fcc Earned: $1,400.00 Prior Fee Billings: $6.00 Current Fee Total: $1,400.00 *** Total Project Invoice/lmount $1,400. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR JE Date Trx. Date Fund Account ......................... Use Actl 6/01/2004 6/01/2004 H3 .600 Y ,, 6/01/2004 ,, 6/1S/2004 ,, 7713/2004 ., 7/27/2004 ,, 7/27/2004 ,, 8/10/2004 ,, 8/10/2004 ,, 8/10/2004 8/10/2004 i: 10/19/2004 ,, 11/16/2004 ,, 11/16/2004 6/01/2004 H3 .600 6/lS/2004 H2 .600 7/13/2004 B .600 7/27/2004 H8 600 7/27/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 8/10/2004 A 600 10/19/2004 H3 .600 11/16/2004 H3 .600 11/16/2004 H3 .600 Select Record(s) Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. w-o6o12a04-631 Line: 260 Formula: a : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 6/01/2004 SDT 6/02/04 : Trx Amount... 1,4oo.00 : Description.. PHASE i ESA-SEPENOSKI Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : : : : Alt Vnd.. CHECK ........ 76680 SCNB Invoice Code. 2434 VOUCHER ...... P.O. Code .... 12084 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 6/01/2004 Date Cleared. 6/30/2004 F3=Exit F12=Cancel F21=Image or Use Action Code : ........................................ : ]ON 0"' VENDOR 003350 LANDAMERICA*COMMONWFJtLTH 12/01/2004 CHECK 79334 H3 .8660.2.600.100 H3 .8660.2.600.100 RH80040531 RH80040531 DESCRIPT~Q~ AMOUNT TITLE POLICY-SEPENO 4,404.00 RECORD DEED-SEPENOSKI 250.00 TOTAL 4,654.00 TOWN OF SOUTHOLD · $OUTHOLD, NY 11971-0959 ,'o?q~,~,~,,' i:Oi?l, LOSl~r.L~: P,% 0 I01~ 0,' VENDOR 007707 KAREN HAGEN 12/01/2004 CHECK 79333 ~W~ & ACCOIINT H3 .8660.2.600.100 P.O.~ INVOICE 12104 DESCRIPTION AMOUNT TITLE CLOSER-SEPENOSKI 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 21 Receipt NLu~ber : 04-0134667 TRANSFER TAX NUMBER: 04-19388 District: 1000 Recorded: At: LIBER: PAGE: Section: Block: 069.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $973,482.00 Received the Following Fees Page/Filing $63.00 COE $5.00 TP-584 $5.00 Cert. Copies $26.25 SCTM $0.00 Com~.Pres $0.00 TRANSFER TAX NUMBER: 04-19388 For Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Transfer tax NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 12/09/2004 11:42:35 AM D00012359 536 Lot: 006.000 Ex,~apt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $149.25 Number of pages ¢ TORRENS Serial # Certificate # Prior Cfi. ti Deed / Mortgage Instrument 4 Deed ! Mortgage Tax Stamp FEES Page / Filing Fee Handling ~) Notation EA-52 17 (County) __ Sub Total EA-5217 (State) Comm. of Ed, 5 0O Affidavit Other GRA~' RECORDED 2004 Dec 09 !1:42:35 Eduard P.Romaine CLERK OF SUFFOLK COUNTV L O00012559 P 536 DT# 04-19388 Recording / Filing Stamps Mortgage Amt, I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__Dual County__ Held for Apportionment Transfer Tax , ~ Mansion Tax ~ , The property covered b))~his moagag will be improved by ? one or two dwelling only. /or NO YES . If NO, see apprc~fiate tax clause on of this instrument. 5 Real property T~x Service Agency Verification Dist. Section B lock 1000 06900 0100 ~(~6~00 Stamp Satisfactions/Discharges/Releases List ProperVj Lisa Clare Kombrink 235 Hampton Road, 2no Floor Southampton, New York 11968 , Preservation Lot Consideration Aroount $ __ PF Tax Due TD /~ TD TD Title Company Information Co, Name Commonwealth Title# RH80040531 Suffolk Count}, Recording & Endorsemem Page This page forms part ofthe attached Deed of Conservation Easement (SPECIFY TYPE OF INSTRUMENT ) Sepenosk i Thc premises herein is situated in SUFFOLK COUNTY, NEW YORIC Southold In the Township of TO Town of $~uthol. d IntI~VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR T~) RECORDING OR FIL 11/24/04 DEED OF CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ( Easement ) is granted this __ day of ~)e6g. cn 2004, by JOHN B. SEPENOSKI, JR. ( Grantor ) ~'~ having an address of P.O. Box 120, Peconic, New York 11958 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1179, Southold, New York. WHEREAS: A. Grantor is the owner of certain real property (the "Property") Consisting of 34.3 acres, in I parcel located at 37025 County Road 48 in the Town of Southold, Suffolk County, New York, more fully described in EXHIBIT A attached hereto and shown on the survey dated April 14, 2004 and last revised September 28, 2004 and prepared by John C. Ehlers land Surveyor; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation ,Jasements. C. The Property consists primarily of productive agricultural land. The Property contains --+30 acres of prime soils, and --+5 acres of soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and dectared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement 1 of 20 of...balanced economic growth and the quality of life in all areas of the state;" F. The Property is located within Suffolk County's Agricultural District #:t, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. fn Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...Tt is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...ft is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 32:L of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets, fn an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priori,~y to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a sigmficant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southotd, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continues its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. f. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. 2 of 20 NOW, THEREFORE, in consideration of the foregoing, NINE HUNDRED- SEVENTY-THREE THOUSAND-FOUR HUNDRED AND EIGHTY-TWO ($973,482) Dollars and the mutual covenants, terms, conditions and restrictions contained herein, the parties agree as follows: :~. Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose It is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of agricultural products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long-term agricultural and forestry viability, zt is the secondary purpose of this Easement to conserve and' protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3, Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains subject to all applicable local, state and federal laws and regulations. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the 3 of 20 original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. if necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6, Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 4 of 20 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use fields, orchards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined herein. In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section l0 ("Construction of Buildings and Other Improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 9. Mainten~ace Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. If Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. :[0. Construction of Buildings and Other [mprovements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 5 of 20 lO(a) Fences -- Existing fences may be repaired, removed and replaced, and new fences may be built on the Property for purposes of reasonable and customaw management of livestock and wildlife and to prevent trespassing on the Property. :[0(b) New Agricultural Structures and Improvements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products, (ii) the storage of equipment used for agricultural production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of processed farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover more than 5% of such area. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section :LO(c) above, on up to 5% of the property. With advance written permission of the Grantee, pursuant to Section 18 (Permission), Grantor has the right to construct such Farm Labor Housing within the remaining Property. The land on which these structures stand shall not be subdivided. 10(d) Any one or more new recreational improvements proposed for Ithe Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 6 of 20 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary ,.rmprovements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). 11. Maintenance and Tmprovement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soi',~, reduce soil erosion, provide irrigation for the Property or improve the,/ agricultural or forest management potential of the Property, provide(, such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12, Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such' water rights from title to the Property itself. 13. Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" 7 of 20 shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. In order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. Excavation and removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Hineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the 8 of 20 Property and for farm operations, erosion control and soil management, without the prior written consent of Grantee. Nothing herein shall prohibit normal and minimal soil removal customarily associated with horticultural and sod farming conducted in accordance with sound agricultural practices. 16, Road Construction Grantor may construct roads for barnyards, farm markets, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or' debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, the storage of supplies and old farm equipment used for p.~,,'ts, temporary storage of trash or household waste in receptacles for period"lc off-site disposal, and composting or re-use of biodegradable materia!s as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would l) violate the primary Purpose of this Easement, 2) impair the potential for long- term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request which shall include building plans identifying the 9 of 20 use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any failure to grant permission to Grantor. 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have~ ao obligation for the upkeep or / maintenance of the Property. , 19(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Propert~ or any other property. 10 of 20 21. Baseline Documentation By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps [and photographs], describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Inspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. This conse/nt to inspection does not extend to consent to inspect by or use of the results of the inspection by other local, state or Federal agencies or enforcement authorities. ~'n the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, through temporary or permanent 11 of 20 injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its reasonable and necessary expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, either party may seek reimbursement for all its reasonable and necessary expenses, including, but not limited to attorneys' fees, in an amount to be determined by the court. 24. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to Town of Southold by instrument dated , and recorded in the office of the Clerk of Suffolk County at Liber at Page "Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Harkets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such 12 of 20 amendment shall be duly recorded. 26. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of the property rights or interests which were acquired by the Town prior to any such amendment. 27. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntaw conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28 ("Proceeds") herein. 28. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date,t~er-~:~, by the unencumbered value of the Property, also calculated as of the Cate ~ The Proportionate Share is o ,'~f~_/ 13 of 20 / / ¢' ~,/.o %. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- use, Grantee must notify the New York State Department of Agriculture and Markets. 29. Znterpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. If any provisiol~ in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 30. Successors Every provision of this Easeme,r,L that applies to Grantor or Grantee shall also apply to their respective agents; heirs, executors, administrators, assigns, and other successors in interest, ar,d shall continue as a servitude running in perpetuity with the Property. 31. Severability Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 32, Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in'the case of personal delivery, 14 of 20 and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Marl<ets, 10B Airline Drive, Albany, New Yorl< 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 33. Title. The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 34. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 35. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited except with the permission of Grantee. 36. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby 15 of 20 promises to indemnify Grantee, and New York State Department of Agriculture and Harkets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. :37. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 38. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 39. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 16 of 20 40. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 41. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have hereunto set their hands on the date first above written. Grantee: TOWN OF $OUTHOLD /OSHUA Y. H'C)RT~3N, SUPERVTSOR State of New York ) On the day of ~/_~r~'~;P---4/ _~n the yem 2004 before me, the undersigned, personally appe~ed (~ g, ~3~ ~ , personally ~om to me or proved to me on ~e basxs of satishcto~ evidence to ~e the indivi3ual (s) whose name (s) is (~e) subscribed to the within instrument ~d ac~owledged to me ~at he/she/they execmed the sine in hisSer/their capaci~ (ies), and thru by his~er/~eir signature(s) on the ins~em, ~e individual(s), or the person upon behalf of which ~e individual(s) acted, executed ~e insmmem. 17 of 20 State of New York Coa. ss: KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County ~.~ Commission Expires March 21, 20 satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf o f which the individual(s) acted, ex?uted thefifi~[ru___Tm^?(.t. Signature/officefi~dtq ~RENJ. HAGENfin vid takin acknowledgement NOTARY PUBLIC, State of New York No, 02HA4927029 Qualified in Suffo k County /() ~/ Comm ssion Expires March 21, 20 ~ l) STATE OF NEW YORK COUNTY OF SUFFOLK SS: I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPARED THE ANNEXED COPY OF DEEDLIBER /,~L-~5"-'~ ATPAGE .,~""."~(--~ RECORDED /o~,-~-~)~/ AND THAT IT IS A JUST AND TRUE CO~'Y OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID CLERK ~2-o~60.. ma~ 18 of 20 State of New York ) County of ), ss: On the day of in the year 200__ before me, the undersigned, personally appeared ., personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whoselname (s) is (are) subscribed to the within instrument mad acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, execmed the instrument. Signature/office of individual taking acknowledgement C:LMy Documents\Anne\Town of Southold Deeds of Development RightskSepenoski 112304.doc 19 of 20 AHENDED ~0/05/04 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNTNG at a point on the Northerly side of North (Middle Road) Road, C.R. 48, at the Southwest corner of the premises herein described and the Southeast corner of land now or formerly of Herman J. and Joseph H. Hofer, formerly Smith; RUNNING THENCE North 45 degrees 39 minutes 20 seconds West along said land now or formerly of Herman J. and Joseph H. Hofer and later along land now or formerly Stamatios and Nicoletta Maliarakis and land now or formerly of Robert Laub, 1658.01 feet to a monument and land now or formerly of Vito A. and Alice Cardo; RUNNING THENCE North 45 degrees 13 minutes 20 seconds East along said land now or formerly of Vito A. and Alice Cardo, 63.~.0 feet to a monument and land on the minor Subdivison IVlap of "Beechwood Acres" filed November :~4, :!.989 as Map No. 8852; RUNNJNG THENCE along said last mentioned land the following four (4) courses and distances: 1} North 45 degrees ~.6 minutes 34 seconds East, 215.95 feet; 2) North 45 degrees 15 minutes 40 seconds East, 216.04 feet; 3) North 44 degrees 45 minutes 20 seconds West, 50.00 feet; and 4) North 46 degrees 25 minutes 20 seconds West, 51.88 feet to land now or formerly of Jacqueline Hoeller; RU~N]'NG THENCE North 54 degrees 25 minutes 20 seconds East along said land now or formerly of Jacqueline Moeller, 536.15 feet to land now or formerly of Hors "N" Around Realty Ir.c.; RUNNING THENCE South 43 degrees 28 minutes 50 seconds East along said land now or formerly of Hors "N" Around Realty Inc., 1825.23 feet to the Northerly side of North (IVliddle Road) Road, C.R. 48; RUNNING THENCE South 54 degrees :L2 minutes 20 seconds West along the Northerly side of North (Hiddle Road) Road, C.R. 48, 284.00 feet; RUNNING THENCE through land of the party of the first part the following three (3) courses and distances: :L) North 45 degrees 39 minutes 20 seconds West, 552.67 feet; 2) South 54 degrees 12 minutes 20 seconds West, 400.00 feet; 3) South 45 degrees 39 minutes 20 seconds East, 552.67 feet to the Northerly side of North (IVliddle Road) Road, C.R. 48; RUNNING THENCE South 54 degrees 12 minutes 20 seconds West along said Northerly side of North (Middle Road) Road, C.R. 48, 284.03 feet to the point or place of BEGINNING. T I T L E P 0 L I C Y ISSUED BY COMMONW~r~LTH LAND TITLE INSURMqCE 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. 1N WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the 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. Co) 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 I PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ORIGINAL Valid only if Schedules A and B and Cover are attached P~le No.: RH80040531 SCHEDULE A LandAmerica Commonwealth Amount of Insurance: $973~482.00 Date of Policy: December 1, 2004 Policy No.: RH80040531 Name of Insured: TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD By deed made by JOHN B. SEPENOSKI to the INSURED dated December 1, 2004 and to be recQrded in the Office of the Clerk/Register of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: Fee Policy Insert File No.: RH80040531 SCHEDULE A - DESCRI'PTTON AMENDED 10/05/04 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the Northerly side of North (Middle Road) Road, C.R. 48, at the Southwest corner of the premises herein described and the Southeast corner of land now or formerly of Herman J. and Joseph H. Hofer, formerly Smith; RUNNING THENCE North 45 degrees 39 minutes 20 seconds West along said land now or formerly of Herman J. and Joseph H. Hofer and later along land now or formerly Stamatios and Nicoletta Maliarakis and land now or formerly of Robert Laub, 1658.01 feet to a monument and land now or formerly of Vito A. and Alice Cardo; RUNNING THENCE North 45 degrees 13 minutes 20 seconds East along said land now or formerly of Vito A. and Alice Cardo, 63.10 feet to a monument and land on the minor Subdivison Map of "Beechwood Acres" filed November 14, 1989 as Map No. 8852; RUNNING THENCE along said last mentioned land the following four (4) courses and distances: 1) North 45 degrees 16 minutes 34 seconds East, 215.95 feet; 2) North 45 degrees 15 minutes 40 seconds East, 216.04 feet; 3) North 44 degrees 45 minutes 20 seconds West, 50.00 feet; and 4) North 46 degrees 25 minutes 20 seconds West, 51.88 feet to land now or formerly of Jacqueline Moeller; RUNNING THENCE North 54 degrees 25 minutes 20 seconds East along said land now or formerly of .lacqueline Moel,'.er, 536.15 feet to land now or formerly of Hors "N" Around Realty Inc.; RUNNING THENCE South 43 degrees 28 minutes 50 seconds East along said land now or formerly of Hors "N" Around Realty Inc., 1825.23 feet to the Northerly side of North (Middle Road) Road, C.R. 48; RUNNING THENCE South 54 degrees 12 minutes 20 seconds West along the Northerly side of North (Middle Road) Road, C.R. 48, 284.00 feet; RUNNING THENCE through land of the party of the first part the following three (3) courses and distances: 1) North 45 degrees 39 minutes 20 seconds West, 552.67 feet; 2) South 54 degrees 12 minutes 20 seconds West, 400.00 feet; 3) South 45 degrees 39 minutes 20 seconds East, 552.67 feet to the Northerly side of North (Middle Road) Road, C.R. 48; RUNNING THENCE South 54 degrees 12 minutes 20 seconds West along said Northerly side of North (Middle Road) Road, C.R. 48, 284.03 feet to the point or place of BEGINNING. Fee Policy Insert SCHEDULE B Exceptions from Coverage File No.: RH8004053~. This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: Rights of tenants or persons in possession. 2. Right of Way in Liber 4606 page 593. 3. Receipt and Release in Liber 6266 page 558. Survey made by .lohn C. Ehlers dated April 14, 2004 and last amended September 28, 2004 shows premises as unimproved vacant land; a) fill easement "B" and "C" to the County of Suffolk shown over Southerly part of premises; b) wire fence varies with West line up to 0.5 feet East; c) sixty (60) feet wide Lilco easement with steel towers and overhead wires shown across rear of premises; d) drainage swale, wetlands, open fields and wooded areas depicted thereon; e) dirt roads traverse premises and enter upon premises adjoining Northwest and West. 5. Policy excepts any state of facts from the date of the survey read herein. Company excepts possible rights of others than the insured, in, to, and over the unpaved dirt roads as shown on the survey herein as described in Schedule "A", but policy will insure that the use for "Development Rights" will not be disturbed by reason thereof. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. 8. Unpaid water charges to date, if any. 9. 2003/04 2nd half Town and School taxes. 10. 2004/05 Town and Schooltaxes. Fee Policy Insert LandAmerica Commonwealth Pile No.: RH80040531 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) AI-I'ACHED TO AND MADE A PART OF POLI'Cy NO. RH80040531 ZSSUED BY COMMONWEALTH LAND TI'TLE ?NSURANCE 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 hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments 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 par~ of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: December 1, 2004 Tssued at: Commonwealth Land Title Znsurance Company 18S 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/~.7/92) Tq10037NY (07/00) CONDI'I'IONS AND STIPULATIONS 1. DEFINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which imparl constructive notice of matters 9fleeting the land. (d) "land": the land described or referred to in Schedule A, and ~mprovements affixed thereto which by law constitute real property. The term "land" does not include any property beyond Ihe lines of the area described or referred to in Schedule A~ nor any right , title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of Irust, trust deed, or other security instrument. (0 "public records": records established under state statutes at Date of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a) (iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land. not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE, The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured relains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land. or (ii) an indebtedness secured by a purchase money mortgage given to lhe insured 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Thc insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the eslate or interest, as insured, is rejected as unmarketable, If prompt notice shall not be given to Ihe Company. then as to the insured all liability of the Company shall lerminale with regard to the mailer or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the righls of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF I~SURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contfiined in Section 6 of these Conditions and Stipulations. the Company. at its own cost and without unreasonable delay, shall provide for the d6fense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured al~ainst by this policy. The Company shall have the right to select counsel ot its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not ay any fees, costs or expenses incurred by the insured in the defense of t~ose causes of action which allege mattersnot insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured The Company may take any appropriate action under the terms of Ihis policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1A (c) Whenever the Company shall have brought an aclion or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. lo appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company Io tPnrOSecute or provide for the defense of any action or proceeding, the sured shall secure to thc Company the right to so prosecute or provide defense in Ihe action or proceeding, and all appeals therein, and permil the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, al the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperalion, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on thc title, or other matter insured against by this policy which constitutes the basis of loss or damage and shah state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to Ibc mailer or matters requiring such proof of loss or damage. In addilion, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company. all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company , the insured claimant shah grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records, books, ledgers, checks, corre pondence and memoranda in the custody or control of a third party. ~tehich reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursua:a to this Section shall not be disclosed to others unless, in the reasonab~? judgemenl of the Company. it is necessary in Ihe administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or g~'ant permission to secure reasonably necessary informalion from third part,es as required in Ibis paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the 6me of paymant or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the poli0y shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by lbe Company up to time of payment and which the Company is obligated to ay; or (ii) to pay or otherwise settle wit~ the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured ctaimant which were authorized by the Company up to the time of payment and which the Company is obligated lo pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the paymenls required to be made, shall terminate, including any liability or obligation to defend, prosecule or continue any litigation. 'ions and Stipulations Continued Inside Cover 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by ?f..ason of matters insured against by this policy and only to the extent herein cribed. (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 as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at lhe Date of Policy is less than 80 pement of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases lhe value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subiect 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, aitomeys' tees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of tw~ or more pamels 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 it 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 ~therwise been agreed upon as to each parcel by the Company and the insured at time of the issuance of this policy and shown by an express statement or by 'endorsement attached to this policy. 9. LIMITATION OF LIABILITY. / (a) If the Company establishes the title, or removes the aitsged defect,'lien or encumbrance, or cures the lack of a dght of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent r, ~nner 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 prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, aitomeys' 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 mortgage ta 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 Company. CONDITIONS AND STIPULATIONS (Continued) (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffectett by any act of the insured claimant. The Company shall be subrogated to and be entitled to al~ rights and remedies which the insured claimant v,~uld have had against any person or proper~y in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to pedect this right of subrogation. The insured claimant shall permit the Company to sue. compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these dghts or remedies. Il a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss, If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation, (b) The Coropany's Rights Against Non-Insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those insttuments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim betwgen the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include affomeys' fees only if the lav~ of the state in which the land is located permit a court to award afforoeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POMC¥ ENT1RE CONTRACT. (a) This policy together with all endorsements, if any. attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any c~aim of loss or damage, whether or not based on negligence, and which arises out of the status of the titte to the estate or interest covered hereby or by any action asserling such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or valiriattng officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shal~ be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of Ibis policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PAIO ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 85368O6 GARDEN CITY 1399 Franklin Ave. Suite 300 Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 FAX: (845) 634-8513 PJVERHEAD 185 Old Country Road, Ste 2 Riverhead, New York 11901 (631) 727-7760 FAX: (631) 727-7818 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949-OO02 FAX: (914) 949-0180 NATIONAL TITLE SER'~ICE 655 Third Avenue New York, New York 10017 (212) 949-0100 Form B 1190-3 OWNER'S POLICY OF TITLE INSURANCE American Land Title Association (10/17/92) Issued by Commonwealth Land Title Insurance Company Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance ~nde[w~ers. LandAmerica Commonwealth. LandAmerica Financial Group, Inc. 101 Gateway Ce~tm Parkway Richmond, Virginia 23235-5153 w',wdandam.com THANK YOU. ~tie insurance provides for the protection of your real estate investment. We suggest you keep this policy in a safe place where it can be readily available for future reference. If you have questions about title insurance or the coverage provided by this policy, contact the office that issued this policy, or you may call or wdte: Commonwealth Land Title Insurance Company Consumer Affaim RO. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800 446-7086 web: www.landam.com We thank you for choosing to de business with Commonwealth Land Title Insurance Company, and look forward to meeting your future title insurance needs. Commonwealth Land Title Insurance Company is a member of the LandAmerica family of title insurance unde~wdters. LandAmerica Commonwealth N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 32.4494 acres of active farmland and/or 0 acres of non- farmland, situated at Suffolk County Tax Map No. 100-69-1-p/o 6 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 my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: //~oshua ¥. t-I~rton, Supervisor Southold, NY 11971-0959 (631) 765-1889 Landowner SEPENOSKI P.O. Box 120 Peconic, New York 11958 STATE OF NEWYORK ) COUNTY OF SUFFOLK ) )SS: On the 1st day of December, 2004, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary PulSe/ ~_~ KAREN J- HAGE~I NoTAFh' PUBLIC, State of NeW Yo~ No. 02HA4927029 Qua ifled in Suffolk County Commission Exp reS M~'~3h 21, 20~G;;~ STATE OF/(,/~COy/JY~ ) COUNTY OF ~c~,~OI J~- ) )SS: On the 1st day of December, 2004, before me personally appeared JOHN B. SEPENOSKI, 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/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New Yor~ No, 02HA4927029 Qualified in Suffolk County Commission Expires Mar~h 21,2(~ Dtvi~on o.f ~lgr~cultur~z! Protect/on ~nd Development Se~ces $~8-457-?076 ~'~x. $~8-~S?-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive ilbany~ New York 12235 June 28,2005 Joshua Y. Hodon Supervisor Town of Southold 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 ,JUL - 7 2005 Re: Waiver - Suffolk County Agricultural District #1 - Town of Southold - Acquisition of Land Dear Supervisor Horton: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: John B. Sepenoski Landowner The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. File: 05/041-W ROBERT SOMERS, Ph.D Chief, Agricultural Protection Unit SUPERVISORS Oi FiCE ~OWN OF $OUTHOLD JUL 1 2005 DEPTOF LAND PRESERVATION i G R A N T I N F O R M A T I O N 69473967 NOTICE: To access remittance information on any one of your NY$ payments, visit https:l/wwel.osc.state, ny*us/paY ency Code and'Description Tete Inqmry No Voucher No Payee Reference/Invoice No Ref/Inv Date 'P~-[/m.nl Amount O~OO ASRZC A HKTS 518-457-2080 10127 C800591 10/08/04 ~l~f~S 689,549.0~ 10128 C800591 l Z/Z0/Q4. ~A)O&rJ310,451. O~ MELISSA A. SPIRO LAND PRESERVATION COORDINATOR raelissa.spiro @ town.southold.ny.u s Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD FedEx 848319321205 December 20, 2004 Meg McCabe NYS Department of Agriculture and Markets Division of Agricultural Protection 1 OB Airline Drive Albany, NY 12235 Re: Town of Southold Contract No. C800591 ($1,000,000) Dear Ms. McCabe: I am pleased to advise you that on December 1, 2004, the Town of Southold acquired the development rights on the Sepenoski Farm located on County Road 48 in Southold, New York. The easement comprises 35.0906 acres of agricultural farmland, including 1.2283 wetlands acreage and a 1.4129 LILCO easement area. The total purchase price of $973,482.00 was based upon 32.4494 buildable acres at $30,000/acre. I am, therefore, submitting the following documents regarding the Town of Southold's request for State payment under contract #C800591 due to expire on March 31, 2006, for the development rights easement purchased from: John B. Sepenoski, Jr. Farm SCTM #1000-69-1-6 · State of New York - Standard Voucher · Executed Purchase and Sale Agreement dated 3/24/04 (copy) · Budget report · Form B - Budget Information · Two copies of Appraisal dated 10/24/03 · Title Insurance Policy #RH80040531 in the amount of $973,482.00 (copy) · Recorded Grant of Development Rights Easement dated 12/1/04 (copy) · Monitoring Plan · NYS Dept. of Agriculture and Markets Waiver executed 12/1/04 (copy) Page 2 December 20, 2004 Meg McCabe NYS Department of Agriculture and Markets Division of Agricultural Protection Re: Town of Southold Contract No. C800591 ($1,000,000) Upon your review and approval, kindly submit the voucher for payment. Please call me if you have any questions regarding the enclosed information. Thank you. Sincerely, /~ Land Preservation Coordinator /md encs. P R O P E R T Y R E C O R D S ClOsing on development rights easement - SuperviSor H°rton, John B. Sepenoski, Jr. and his wife, Rita Sep~nQsk! MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: December 3, 2004 Re: JOHN B. SEPENOSKI~ JR. to TOWN OF SOUTHOLD SCTM #'1000-69-I-6 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 37025 County Road 48, Southold OWNER: John B. Sepenoski, Jr. PURCHASE DATE: Closing took place 12/1/04 PURCHASEPRICE: $973,482.00 (based on 32.4494 buildable acres @ $30,000/acre) EASEMENT AREA: 35.0906 acres (includes 1.2283 wetlands area and 1.4129 LILCO easement area) FUNDING: Community Preservation Funds (eligible for a partial funding reimbursement of approximately $310,000+ from a grant from NYS Dept. of Agriculture & Markets) MISCELLANEOUS: This property is listed in the Town's Community Preservation Project Plan. The landowner left out a 5-acre reserve area from the development rights easement acreage. See attached sketch for clarification. File View Toolbar Help 69 -1-6 2 ~738~ old ~i;,,-Act!Ve ' R/S:1 $chod: SouthOldSchool Ham~;~ ;A~hn B Sepeno~kmJ~-:m "~::~' _ . ~t~ ,~ Book: 12~ *.~ ~: ~;~: : ' ~i~ ;~ 100 Page: 536 ~,~,: _ v ~;'~;~ 4 ':: , ~bh~k 100 City ~con C, HY ZIP:' !~e58- Sch~aff :~: 10 Acer,No: 34 S:ale ~ Total: 1 ~: ~kk~ ; ]: Si~e 1:0f1 Land 0 ot 0 7: ::~ ~ U iRe~ : 41720 AGDIST 8~000 O': 0 5pecialDishict To[al: 3 Value~ ~ Impm~ent To~al: 0 Code' Unib Pc~ Type: Uove Ta~ ~ Type Name Dim1 Dim2 SQFT Yr Bull[ FD028 Southold FD 00 ~.00 .00 ~ PKOT0 5outhold Par~ .00 00 .00 . Prints. the scieen 1000-69-1-6.2 2005 Suffdk County Tax Map Book SEPENOSKI F(~ PCL. NG, L 0 C A L H I S T 0 R Y 2 · The Suffolk Times ° August 26, 2004 -INSIDE Dining Guide 32 Legal Notices 42A Obituaries 12 Police Report 31 Real Estate News 21A Business Beat 15 Business News 15 Business Profile 15 Editorials & Letters _8 Joanne Sherman ArtBeat 7A Calendar 2A Classifieds 31A Community Columns 18A Crossword Puzzle 12A Focus on Nature 8A Health 13A Movie Guide. 4A Oeno File 10A Service Directory 43A Theater Review 6A Auto Dearer Directory 40 High Tides 33 ~r{E SUFFOLK TIMES (USPS S42-940) is pub lished ever/Thursday exoept the Thursday lowing Chnstrnas for $35 per year in Suffolk County, $44 per year out of county and $40 per vea~ dual address (in/out of Suffolk County) by Suffolk Times photo by Cindy Caprise Three generations of the Sepenoski family (from left): Alice Krupski of Riverhead, Jeanette Swotkiewicz of Mattituck and 7-month-old Ca;son Comell of Soathold at the family gathering in Peconic Saturday. Times/Review New~papers, 7785 Main Road, RO. Box 1900, Mattituck, NY 11952 Periodicals po~tage paid at Mat~tuck, NY, and additional mailing of~ces All conten~ are ~r2004 THE SUPFOLK TIMES POSTMASTER: Send address changes to THE SUFFOLK TIMES, RO BOX 1500, MAI~ITUCK, NY 11952 Phone: 631-29~3200 Fax: 631 298- 3287 Ecnai~: mail~mesreview corn -PUBLIC MEETINGS-- Thursday, Aug. 26 7 p.m.--Greenport Hamlet Stake- holders, Peconic Landing. Monday, Aug. 30 10 a.m.--Southold Transportation Commission, Town Hall. 4:30 p.m.--Southoid Planning Board work session, Town Hall. Tuesday, Aug. 31 7 p.m.--Southold Land Preservation Commission, Town Hal/. Wednesday, Sept. 1 7:30 p.m.--Mattituck-Cutchogue School Board, MHS library. Correction The Aug. 12 account of the town Planning Board decision on the Mattituck CVS incorrectly attributed comments critical of the board, including calling the proceedings "a sham," to Thomas Gilroy of Mattituck. Another speaker made the statement. Correction Last weekls Oysterponds school board story incorrectly attributed the proposal to form a foundation to raise money for after-school and summer programs to board member Tim Frost. The idea was proposed by Dick Leslie, who runs the summer library reading and geography program. Their century together Sepenoskis celebrate farm family's founding By Julie Lane PECONIC--"It's about family and closeness," says Rita Sepenoski of last Saturday's party at the farn} she and her husband, John, operate m Peconic. The party saw about 220 rel- atives from six generations and sever- al states gather to celebrate the 100th anniversary of the founding of the first family farm on the North Fork by Boleslaw (Bert) and Michalina Szczepankowski. The party was prompted by a trip to Poland last November to visit groups of cousins they had never met, says Ms~ Sepenoski. She called it a "vacation of the heart." "I felt so touched being on this land that my grandfather had farmed," said Mr. Sepenoski about visiting the original farm in Poland. And when he asked for some small token to mark the visit, he received a 150-year-old wooden scoop ins grandfather had carved and used to feed the chickens. The many cousins the couple met during their trip received them with open arms, says Ms. Sepenoski. Every night, there were dinners at the home of one or another of the cousins, she says. Knowing that Bert Szczepankowski had left Poland with a "heavy and sad heart," the visit to the first family farm was particularly moving, says Ms. Sepenoski. She par- ticularly reme~nbers a midnight tour of Warsaw with its spectacular lights. As late as it was, she says, "How could I not go?" What the Sepenoskis wanted to do in planning Saturday's party was to share memories of their trip and fam- ily memorabilia. The day started with a 1 p.m. walk through the farm and woods to the water. Following a late afternoon cocktail reception, family members gathered under a tent for dinner as they traded stories about their lives and their memories of their ancestors. "They were very loving -- very Notice to readers Due to the Labor Day holiday, deadlines for the Thursday, Sept. 9, edition of The Suffolk Times will be advanced as follows: · Display advertising: 4 p.m. Friday, Sept. 3. · Classified advertising: Display: 4 p.m. Friday, Sept. 3. Regular ads: 10 a.m Tuesday, Sept. 7. · Community news and Community Calender: 10 a.m Frida% Sept. 3. · Columnists and correspondents: 10 a.m. Friday, Sept. 3. The Times/Review office in ivlatti- tuck will be closed Monday, Sept. 6, and will reopen at 8:30 a.m. Tuesday, Sept. 7. gentle, kind people," said Jeanette Swotkewicz about her grandparents. Mr. Szczepankowski and the former Michalina Kutniewska immigrated separately to the United States from Poland in 1895, according to Ms. Sepenoski. They met here but were married in Brooklyn in 1895 because of what they perceived as discrimina- tion against Polish people by the Catholic church on the North Fork, according to research her husband, John Sepenoski Jr., did about his fam- ily's history. She and her husband speculate that the discrimination was what prompt- ed Mr. Szczepankowski to work with three other area men to found Our Lady of Ostrabrama R.C. Church in Cutchogue. It became known as "the Polish church," says Ms. Sepenoski. She also notes that her husband's grandfather donated the stained glass window at St. Isidore's R.C. Church in Riverhead. That was the church where she and Mr. Sepenoski were married, she said. Mr. and Mrs. Szczepankowski easily entered into the spirit of the North Fork, where neighbors readily help other neighbors, says Ms. Sepenoski. Ms. Szczepankowski was known for preparing trays of sandwiches and people in need would knock at her door and she would give them food, See Their century, page 38 3,8 · The Suffolk Times · August 26, 2004 Suffolk Times photo by Cindy Caprise An early photo (left) of the first Sepenoski children. Above, Rita and John Sepenoski, the organizers of Saturday's party, with a collection of family memorabilia and photos. Their century together... ~-From page 2 The farm on the North Road in Peconic that Mr. · says Ms` Sepenoski. The Szczepankowskis had eight children -- Mary, John~ Frank, Stanley, Alice, Anthony, Sophie and Bertha. There are a total of 197 descendants, includ- Lng the eight children and 18 grandchildren, 50 great-grandchildren, 71 great- great-grandchildren, 45 great-great-great grandchildren and five great- great-great-great grandchildren. Sepenoski works today is the one his grandfather purchased and worked back in 1903. Then, Mr. Szczepankowski grew cabbage seed for sale to other farmem He also grew cauliflower, potatoes and Brussels sprouts, and the original sprout house still stands on the property. When his grandfather worked the land, after the sprouts were picked, he would work until 2 or 3 a.m; crating them to go to market the next morning, Mr. Sepenoski rexalk~ His father took over the farm from his grandfather in 1930 and John Jr. took the helm in 1966. Today, he grows Christmas trees, nursery stock and strawberries, A second Sepenoski farm -- this one on Route 48 in Southold -- belongs to two brothers who mar- ried two sisters` John Sepenoski Sr. married Julia Poliwoda and Stanley Sepenoski married her sister, Philamena. Great grandson Leo Strebel of Eastport describes visiting the original farm when he was a child. He remembers animals, pickles and lots of old-fash- ioned equipment. Of his great-grandparents, he says they were "very loving." 2 0 0 4 P H O T O S SEPI~NOSKi FARM SCTM #1000-69-1-6 photo taken 11/30/04 from S/E corner facing northly along eastern boundary line SEPENOSKI FARM SCTM #1000-69-1-6 photo taken 11/30/04 from dirt road N/W area facing northeasterly towards tree line SEPENOSKI FARM SCTM ~1000-69-1-6 photo taken from dirt road in N/W section facing northeasterly direction 11/30/04 photo taken !I/30/04 from N/W section facing northerly direction A E R I A L S M 0 N I T 0 R I N G R E P 0 R T S DEVELOPMENT RIGHTS EASEMENT MONITORING REPORT Date of last visit il [3o (0 ~L Tax Map # [000- ~ ~.- [- (~, Z- Location of Property Date of this visit Easement acreage 3' oz Purpose of Easement: 1. Current Owner(s): t,~h~q 3-c.5~?¢rzox~,', Address: ~0. ~0x Telephone No. '7~' 3 ~ [ ~ 2. Contact Person, if different from above: 3. Prior notification required before visit? C_Ye~ No Specific terms? 4~ ~vs actlya~ced ~OPl~ / O~-~P~ ~ee~da~k~ Did owner/representative accompany the monitor? Yes (names) 4. Were you able to walk the easement boundaries? Yes ~'~ 5. Condition of Property: '-~{6coed o~k [p{O. Jc4, t ~/ h.e Cl. I/~f 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) a Top Soil removed Yes Q Hazardous substance generation Yes a Hazardous substance storage Yes a Hazardous substance disposal Yes a Landfill Yes [] Waste disposal Yes [] Exploration/extraction of minerals Yes Q Exploration/extraction of hydrocarbons Yes a Recreational activities degrading/compacting soil Yes 7. Man-made alterations: Have there been any additions or deletions of man-made alterations to the property? Fences Yes Road Yes Buildings Yes , Other Yes Ponds e~~ Trails Power lin If so, has the LPC been notified of the activity as per the easement? Describe. 8. Natural events: Have any natural events occurred since the last visit? Describe. Flood Yes Plant Disease Yes ~._~.o ~ Other Yes Erosion Yes , ~.~, Vegetation Yes (non-native/invasive vegetation)-- Are the restoration procedures, if any, consistent with the terms of the easement? 9. Outline any specific monitoring procedures required for this easement, if necessary. 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 Yes New Structures Yes Other Yes N~5 Land Steward(s) Comments: Landowner(s) Comments: I(We), /~di-~ S?;~o ~, {lanl'c_t Ll'lprintl, 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: //~ ~ Date: Signature: ~.~ 0.~./~l'' Date: I(We), .[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: Signatnre: Date: S:\Feather_ltill\l.and PreservationkLP£ agenda and status\monitoring report form.doc ~.VE¥ OF F:~OPEP.'I-'T' IN, · ~2f..K EZ2UNTY, FINAL SURVEY 2004 SEPENOSKI FARM SCTM #1000-69-1-6.2 '18, 2006-field in From reserved area facing northeasterly. 2. From reserved area facing northerly. 3. 4. westerl S U R V E Y 5UP-.VE'¢ OF PROPER'FT' 51TUATE~ 50UTHOLD TOINN.' 500THOLD .SUt=f=OL F-. 60UNTT, ~URVB'F~D 04-14-2004 5U?POL~ C, OUNT¥ TAX ~ FINAL SURVEY Lono NoH or Porm¢cly oF, N54o25,20,,~ 8EP 29 2004 ~ N54°12'20"I~ 400.00' ~ 2g~4,0~' ~54° 12'20"p~ (Middle ®F~A?HIC ~CALE I"= IOO' 0 I00 200 ~00 JOHN C. EHLERS' LAND SURVEYOR 6 EAST ~ STREET N.Y.S. L[C. NO. 50202 RIVER~IEAD, N.Y. 11901 369-8288 Fax 369-8287 REF:\~-Ip server~dkPROS~04-142A.pro 2 0 0 1 A E R I A L M A P Town of $outhold Town Board P u bi lc Hea ri n g Town Development Rights Purchase Map Prepared by Town of $outhold G IS March 11, 2004 B. Sepenoski, SCTM# 1000-69.-1-6