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Dorset Farms, Inc
1000-100-4-8.2 (f/k/a 1000-100-4-P/o 8) Baseline Documentation Premises: 4100 Oregon Road Mattituck, New York 31.1843 acres Development ~ghts Easement DORSET FARMS, INC. to TOWN OF SOUTHOLD Easement dated February 18, 2005 Recorded March 8, 2005 Suffolk County Clerk - Liber D00012375, Page 384 SCTM #: Premises: 1000-100-4-8.2 (f/k/a 1000-100-4-plo 8) 4100 Oregon Road Hamlet: Matttituck Purchase Price: Funding: $1,021,077.80 (30.0317 buildable acres ~ $34,000/acre) Community Preservation Funds (2% land bank) and USDA-NRCS awarded grant ($510,538.90 reimbursemen0 CPF Project Plan: Yes Total Parcel Acreage: 33.0208 acres Easement Acres: 31.1843 acres (includes 1.1526 acre LIPA easement) Reserved Area: 1.8365 acre Zoned: A-C Existing Improvements: In January 2005 - Planted vineyard, two LIPA towers, frame barn, frame garage, well, concrete platform and concrete wall, dirt road DESCRIPTION LAND The subject is a parcel of land having an area of 31.52+ acres. It is part of a larger pamel which has an irregular shape with 481+' of frontage along the southerly side of Oregon Road. It has an irregular eastedy border which runs southerly from the southerly side of Oregon Road a distance of 255-+', then easterly 142+', then southerly 30+', then eastedy 133-+', then southerly 1,602-+'. It has a southerly border of 839-+' and a westedy border of 1,861. The subject is a 31.52-+ acre portion of the above described property. The appraisers have not been furnished a survey depicting the actual appraised portion but have received a rough sketch showing the excluded areal of 1.50-+ acres at the northeasterly comer. The above dimensions are taken from the last deed of record and the Suffolk County Tax Map. Utilities (electric and telephone) are available along the property's road frontage. Oregon Road is a two way, two lane, publicly maintained macadam paved road. Public water is not available to the subject. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is in use for agricultural purposes (vineyard). Land use surrounding the subject is primarily vacant farmland, or improved residential properties. _GIVEN DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is being appraised as unimproved vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland. ~.GIVEN 2t A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes Of Regular Meeting held Tuesday, November 23, 2004 Members Present: Members Absent: Also present: Ray Blum, Chairman John Sepenoski Craig Arm Ray Huntington Fred Lee Eric Keil (7:45 p.m.) Michelte Zaloom Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Commencement: · The mealing began at 7:11 p.m. with five LPC members present. The Members entered into F_.X~CUTIVE Applications: DORSET,FARMS ('FPDR): [executive session] $CTM #: 1000-100-4-8 LOcation: 41,00 Oregon Rd (s/s), Mattituck Total Acreage: +33.0 acres PDR Acreage: - +31.0 acres Zoned: A-C CPF: Yes Review.e~d status of offer. [executive session] ~e¥iewed environmental site aasessmen~ repert. .Malissa instructed, te send copy of'envtrenmental sk~e aese~en~ ~ to applicant and his attorney, Gall Wickham to deal with environmental issues revealed in said report ii barn is to remain in reserved PDR area. Provided landowner agrees to the more restrictive federal language, LPC members agreed to increase price per acre end to schedule a public hearing. Closing to be held within six (6) months of resolution adopted electing to pumhase development rights on this parcel. MOTION made by John Sepenoski, seconded by Eric Keil, to increase offer providing appraisal update supports the increased price per acre and conditional upon applicant accepting the federal deed language, dea!ing with environmental issues that ESA report prepared by Nelson, Pope & Voorhis, LLC revealed or to change the reserve area, and-~to close as soon as possible thereafter. Motion carried 6/0. P R 0 P E R T Y V I S U A L S I 73 ~ A--C R~-80 A~C Zoning Map) '74 2 0 0 3 P H O T O S ! I I I I I I : ! ! I I ! I SUBJECT PHOTOGRAPHS View of Subject - Facing Southerly Year 2003 ~GIVEN ?1 I I I I I I I SUBJECT PHOTOGRAPHS View Easterly Along Oregon Road View Westerly Along Oregon Road Year 2003 ~GIVEN ?~ 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 Dorset Farms 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 concems are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of a 33.02 acre parcel of land that is utilized as a vineyard. This report is being completed on 31.52 acres of the site and excludes a 1.5 acre parcel located in the northeast comer of the property. The property is located on the south side of Oregon Road, 768.56 feet east of Elijah's Lane. The property is more particularly described as Suffolk County Tax Map # 1000-100-04-8. The portion of the property that is the subject of this report consists of vacant land that is currently utilized as a vineyard. The 1.5 acre reserve parcel located in the northeast corner of the property contains a wood framed barn and garage. These two (2) structures are not included as part of this report. No irrigation wells or associated irrigation well pump engines were observed on the subject property. No structures, foundations, staining or stressed vegetation were observed on the subject property. A 60 foot wide Long Island Power Authority (I JIPA) easement traverses the center of the property from west to east. This area of the property is not utilized as vineyard in order to allow access to the overhead power lines. A makeshift wood burning stove consisting of one and a half 55 gallon drums was observed in the l .IPA easement area. No other drums or storage tanks were observed on the subject property. Historic aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994 and 1999 were reviewed in order to determine past uses of the property. This review revealed the property has always been utilized as farmland. An extensive government records search found no potential sources of environmental degradation on the subject property. No Federal, State and County documented regulated sites were noted in the vicinity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. NIEL~ON~ F~OPE ~, VOORHISj LLn Melissa Spiro Town of 8outhold Office of Land Preservation Town Hall, 53095 Main Road. P.O. Box 1179 Southold, New York 11971 November 10, 2004 1 7 2004 ~EP'f Of LAND PRESERVATION Rc: Dorset Farms Property, Mattituck Phase I Environmental Site Assessment (ESA) Supplement Site Reconnaissance - Former Preserve Area NP&V Jobg 04258 Dear MS. Spiro: As requested, Nelson, P, ope& Voorhis, LLC conducted a site reconnaissance of the area formerly identi/~ied as a 'reserve parcel" on the map of the above referenced site used for the previously prq/pared Phase l ESA. Given this notation, this area was not reviewed as a part of the Phase I ESA." The site reconnaissance, which w~ conducted on November 9, 2004, revealed that a la'ge barn, a wood framed garage and a subsurface well enclosure were present on this portion of the property. The barn consisted of an odginal wood framed structure that had a basement which accessible by a ramp. The barn basement had a dirt floor and contained rolls of black plastic pipe, netting and sixteen (16) plastic 55 gallon drums and five (5) steel 55 gallon drums. Several of the plastic drums had labels indicating the drums contained Roundup a herbicide and JMS Stylet Oil which is used to spray the grapevines to ward off insects. No visible staining was observed in the basement. The top floor of the barn w~s utilized as a storage area for in'igadon pipes and other materials. Three (3) 55 gallon drams of motor oil and hydraulic fluid Were present. Two (2) plastic 55 gallon drums were also present in portion of the barn. A building addition had been added to the west side of the barn which is utilized to store farm equipment and as a workshop. No floor drains were observed in this area of the barn. Two (2) steel 55 gallon drums are situated on their sides on the east side of the ramp leading to the basement of the barn. One (1) drum was found to be empty and the second dram'had a spigot and vent on the top of the drum. A small area of staining was observed beneath this drum. A circular concrete slab is located off the southwest corner ~f the barn. This slab covers a subsurface irrigation well situated within a four (4) deep pre-cast concrete leaching pool ring. Dorset Farm~ Property, ivla£t~tac~ Stt~ Reconnaissance L~ner The wood framed garage located off the east,side of the barn contained numerous mils of netting used to cover the grapevines. An old gas pump is located on the south side of the garage. According to a farm hand, an underground gasoline storage tank was removed. Since the Suffolk County Departmem of Health Services (SCDHS) did not maintain any records regarding the subject property, it appears SCDHS personnel did not witness the removal of this tank. In conclusion, this supplement has revealed evidence of the following recognized environmental conditions in connection with the subject property, subiec~ to the me~hodology and limitations of this report. The quantity of drum storage present in. the barn would require a drum storage permit and proper containment area design from SCDHS. It is recommended that the volume stored be maintained at less than five (5) dmrm. Any material not in use should be remoYed from the site and pr6perly disposed of. It is recommended that soil samples be collected from the area of the for/ncr underground gasoline storage' tank to determine if a prior release had occurred prior to removal. These ~Jll s, amt~,c,o shouia be l'i~ici sc~ee~led using a .kooto lomzauon Detector (l-qD) and thc, sample with highest reading should be sent to a certified laboratory for analysis based on USEPA Test Method 8021 for ¢olatile organic compounds and USEPA Test Iq'lethod 8270 for semi-volatile organic compounds· The small area of staining beneath the drum situated on the east sade of the ramp accdssing the barn b~ement should be investigated to determine the natare trod quantity of material spilled. Drum leakage shvmd be stopped and the stained area cleaned up and disposed of properl?. / / lhe dirt floor of the barn's basemeiit should be sampled'and analyzed 'for ~he presence of pesticides, herbicides and metals if the property is to be utilized for residenOal purposes in the future. Please do not hesitate to contact our office should you'have any questions. · Very truly yours, NEL$Or4, POPE & VooRItls, LLC SJM/tbs TOTAL P.03 NELSON~ POPE & VOORHIS~ LLC CHARLES J. VOORHIS, CEP. AJCP · ARTHUR J. KOERBER, P.E. · VICTOR BER~ P.E JOSEPH R. EPIFANIA, RE. · ROBERT G. NELSON, JR,, P.E. PAUL M. RACZ, RES. · THOMAS F. LAMBO, Melissa Spiro Town of Southold Office of Land Preservation Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 119'71 January 20, 2005 Re: Dorset Farms Property, Mattituck Document Review Letter NP&V Job# 04258 Dear Ms. Spiro: As requested, Nelson, Pope & Voorhis, LLC personnel reviewed the information sent to our office regarding the above referenced project. Specifically, the information was sent to the Town of Southold in response to the NP&V Site Reconnaissance Letter dated November 10, 2004. The review of the information provided revealed the plastic drums observed in the basement of the barn had contained JMS Styler Oil which reportedly is a food-grade mineral oil that is combined with an emulsifier to enable easy mixing in a spray solution. The empty drums were reportedly removed from the property and returned for recycling. With regard to the former underground gasoline storage tank located on-site, information from the Suffolk County Department of Health Services (SCDHS) was reviewed and revealed the property owner was issued a violation and signed a Consent Order to remove the tank. The tank removal was reportedly completed under the auspices of the SCDHS personnel and no contamination was found. Finally, the property manager reportedly removed the stained soil from beneath the 55 gallon drum located on the east of the ramp that accesses the basement of the barn. However, the property manager did not indicate where the soil was disposed of. Based on the information reviewed, no further sampling or remedial work is recom~nended for the subject property. Please do not hesitate to contact our office should you have any questions. SJM/tbs Very truly yours, NF/0SON, POPE & VOORHIS, LLC FIGURE 1 Dorset Farms, Inc., Mattituck Phase 1 ESA LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale NORTH ~..~o~ ~_= a ~x,s ~_~c Page 7 of 25 FIGURE 2 Dorset Farms, Inc., Mattituck Phase I ESA AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2001 Scale: 1" = 100' NORTH 11 FIGURE 3 WATER TABLE MAP Do~'~et Farms, Inc. Matfituck Phase I ESA 1 '_1 sas3,~- ~ 4] Approximate -' '""~o,~/ /"'" ~ Site .,." / · ,~ ~ -.~ / '~ '~,~ ~~e: S~HS Water Table COntour Ma~ 1~ NOR~ 1" = 8,~' Page 16 of 7.5 OVERVIEW MAP - 1243467.2s - Nelson, Pope & Voorhis LLC ,/ Target Property - Sites at elevations higher [nan or eoual to the target property Sites at elevations lower than [ne targa[ property :: Coal Gasification Sites National Priorlt~ List Sites ] Landfill Sites Deer, Defense Sites CITY/STATE/ZIp: bAT/LONG; ndian Reservations BIA Oil & G~zs oloellnes 100-year flood zone 500-year flood zone Federal Wetlan(~s State Wetlands Dorset Farms Inc. CUSTOMER: Nelson, Pope & Voorhis LLC 4100 Oregon Road CONTACT: Marissa Da Breo Mattituck NY 11935 INQUIRY ~/: 1243467.2s 41,0180/72.5246 DATE: August 04, 2004 1:22 pm DETAIL MAP - 1243467.2s- 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 Sensitive Receptors ;._.~I National Priority List Sites Landfill Sites Dept. Defense Sites ~ 1 TARGET PROPERTY: ' ADDRESS: CITY/STATE/ZIP: · LAT/LONG: Dorset Farms Inc. 4100 Oregon Road Msttituck NY 11935 41.0180 / 72.5246 Indian Reservations BIA Oil & Gas pipetines 100-year flood zone 500-year flood zone CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Marissa Da Breo 1243467.2s August 04, 2004 1:22 pm PHYSICAL SETTING SOURCE MAP - 1243467.2s County Boundary Msjor Roads Earth~ua. Ke eDlcer~ter Richter 5 or§rea[er Public Water Supply Wells Cluster of Multiple Icons ~ Closest Hydrogeologlcal D~ta TARGET PROPERTY: ADDRESS: C,T,/S~ ~ ~_~ZIP LAT/LONG: Dorset Farms Inc. l 4~00 Oregon Road Mattituck NY ~ 1935 CUSTOMER: CONTACT: iNQUIRY :7: DATE: Nelson. Pope & Voorhis LLC Marissa Da Breo 12,~3467.2s August 04. 2004 1:22 pm NY -,t P U B L I C H E A R I N G S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 477 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 15, 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¥~ June 29, 2004, at 5:05 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 develovment riehts easement on agricultural lands for a certain parcel of property owned by Dorset Farms~ Inc. Said property is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 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 is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program 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 the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, 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 Tuesda¥~ June 29~ 2004~ at 5:05 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 proper ,ty owned by Dorset Farms~ Inc_ Said property is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development fights easement comprises approximately 31.5 acres of the 33 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 is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program 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 the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: June 15, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 24~ 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 Land Preservation Town Clerk's Bulletin Board Town Board Members Town Attorney SOUTHOLD TOWN CLERK PUBLIC HEARING June 29, 2004 5:05 P.M. HEARING ON THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS FOR PROPERTY OWNED BY DORSET FARMS~ INC.~ SCTM #1000-100-4-8~ 4100 OREGON ROAD~ MATTITUCK. Present: Absent: Supervisor Joshua Y. Horton Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Justice Louisa P. Evans 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~ June 29~ 2004~ at 5:05 Southold Town Hali~ 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 Dorset Farms~ Inc. Said property is identified as part of SCTM # 1000- 100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 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 Communit3r Preservation Proiect Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program 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 the Land Preservation Department~ Southold Town Hall Annex~ 54375 Route 25~ Southold~ New York~ and may be examined by any interested person during business hours. June 29, 2004 2 Public Hearing-Dorset Farms COUNCILMAN WICKHAM: I have a notice that it has been published in the local newspaper and it has also appeared on the Town Clerk's bulletin board out here. I don' t believe I have any additional correspondence on this heating. SUPERVISOR HORTON: Thank you, Councilman Wickham. Other than, I do believe, that it was supported by the Land Preservation Commission. Our Director of Land Preservation can't be with us tonight but she did convey to me personally that she and the Committee support this. And I will open the floor to public comment on this public hearing for the purchase of development rights. TOWN ATTORNEY FINNEGAN: Josh, there is also a map out in the hall if anybody wants to look at it. SUPERVISOR HORTON: The Town Attorney advises me that there is a map, it has been out in the hall for a couple of hours. I see a map indicating the specific parcel. Is there public comment on this hearing? Mr. Nickles. JOHN NICKLES, JR.: John Nickles, Jr., Southold. I am very happy to see another property on Oregon Road being preserved. I support this, I think that the community should support this and I hope that the Town Board supports this. This is exactly the type of preservation that we should be spending money on in the Town of Southold. Thank you. SUPERVISOR HORTON: Thank you. Are there other comments on this public hearing? The preservation of the Dorset parcel? (No response) Comments from the Board? (No response) We will close this hearing. Elizabeth A. Neville Southold Town Board ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 903 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 28, 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 Tuesday~ January 18, 2005 at 8:05 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 Dorset Farms, Inc. Said property is identified as part of SCTM #1000- 100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development tights easement is subject to survey. The purchase price is $34,000 (thirty-four 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 is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Preservation Committee and the landowner have negotiated a new pumhase price since the landowner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re-imbursement. The change in purchase price requires a new public hearing. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, 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~ January 18~ 2005 at 8:05 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 Dorset Farms~ Inc. Said property is identified as part of SCTM #1000-100-4-8. The address is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $34,000 (thirty-four 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 aghcultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency. The Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Preservation Committee and the landowner have negotiated a new pumhase price since the landowner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re- imbursement. The change in purchase price requires a new public heating. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: December 28, 2004 BY ORDER OF THE TOWN BOARD OF'THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 6~ 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 Land Preservation Town Clerk's Bulletin Board Town Board Members Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEARING January 18, 2005' 8:05 P.M. HEARING ON TItE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS FOR A CERTAIN PARCEL OF DORSET FARMS~ INC. SCTM #1000-100-48-8. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan CO'.JNCILMAN WICKHAS~': NOTICE IS HEREBY G!VEN tllat p'..~rsuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Ftmd) of the Town Code, the Town Board of the Town of, Southold hereby sets Tuesday~ January 18~ 2005 at 8:05 p.m, Southold Town HalL 53095 Main r~oad~ Southold~ New York as the time and place for a public hearing for the purchase of a de,.celopment rights easement on agricultural lauds for a certain parcel of property owned by Dorset Farms~ Inc. Said property is identified as part of SCTM #1000- 100-4-8. The ad&ess is 4100 Oregon Road (North Road), Mattituck, New York, and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. The exact area of the development fights easement is subject to survey. The purchase price is $34~000 {thirty-four thousand dollars) per buildable acre. The property is listed on the Town's Communi ,ty Preservation Pro[eet Plan as property that should be preserved due to its agricultural value. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property, and part of the purchasi~ price may be reimbursed from that agency. The Town Board had a hearing for this proposed purchase of a development rights easement and passed a resolution to purchase the development rights on June 29, 2004 (Res. No. 519 of 2004). However, the Land Preservation Committee and the landowner have negotiated a new purchase price since the landowner has agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant re-imbursement. The change in purchase price requires a new public heating. January 18, 2005 2 Public Hearing - Dorset Farms Development Rights Easement FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. COUNCILMAN WICKHAM: I have certification that it has appeared on the Town Clerk's bulletin board outside the door and it has appeared in the Suffolk Times newspaper as a legal. That is all that I have on this. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anyone care to address the Board on this public hearing? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. As Councilman Wickham mentioned, the Town Board held a hearing on this project in June but since that time the purchase price has increased and that required another heating. The property is located on the south side of Oregon Road, the farm is planted just about 100 percent as a vineyard. Peter Carroll, the landowner, has reserved from the development rights easement about one acre, excuse me, two acres, with approximately 175 of frontage on Oregon Road. The rest of the property, just over 31 acres, will be within the development rights preservation area. The Town will receive, as Councilman Wickham mentioned, over $294,000 and perhaps as much as 50 percent of the purchase price from funding that has already been awarded to the Town under the Federal Farm and Ranchlands Protection Program. The farm is adjacent to and across the street from over 100 acres of farmland on which the Town and county own the development rights. The purchase will add a significant amount of protected farmlands to its already protected large block of fannlaud. Both the Land Preservation Committee and I are glad that Peter Carroll chose to offer the development rights on this parcel and I would like to extend our thanks and appreciation to him for doing so. I anticipate once the Town Board elects to proceed with this, closing by the end of February o~ this project. So it has been a long time before us and I hope we can bring it to closure soon and I an; happy that we will be able to use federal funding for this property. I think it helps the Town leverage the fimding that we have from the 2 % transfer tax. It is a good thing. Thanks. SUPERVISOR HORTON: Thank you. Are there other comments in regard to this public heating? (No response) As it pertains to this heating and the hearing just prior, you think about the purchase price and the mount of property we have acquired or we will be hopefully acquiring this evening, with permission of the Town Board, over $1.3 million worth of the funding to make these two happen came from state and federal agencies and that is a real testament to the Town's ability to preserve land, the credibility and strength of the Town's programs and the quality of the properties that we are seeking to preserve and why we are preserving them. I just wanted to point that out, that a lot of preservation money is flowing to Southold from the state and federal governments and we have to keep that coming. We will close this hearing. eville~ Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 500 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 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 owned by Dorset Farms, Inc., 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 #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 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. This pumhase may be eligible for partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets; 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 P U R C H A S E R E S O L U T I O N S ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 519 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 29, 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 Dorset Farms, Inc. on the 29th day of June, 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 #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road), in Mattituck; and WHEREAS, the development rights easement comprises approximately 31.5 acres of the 33 acre parcel. 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. This purchase may be eligible for partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets; 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 Dorset Farms, Inc., 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 #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road) in Mattituck. The development rights easement comprises approximately 31.5 acres of the 33 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 partial reimbursement from a grant from the 2003 Federal Farm and Ranch Lands Protection Program or the New York State Department of Agriculture and Markets. Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 34 OF 2005 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 18, 2005: 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 Dorset Farms, Inc. on the 18th day of January, 2005, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Ftmd) 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 #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elij ah's Lane at its intersection with Oregon Road (North Road), in Mattituck; and WHEREAS, the development rights easement comprises approximately 31.18 acres of the 33.02 acre parcel. 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 $34,000 (thirty-four 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. This Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program for partial purchase of this property and part of the purchase price may be reimbursed from that agency; and WHEREAS, the Town Board had a heating for this proposed pumhase of a development rights easement and passed a resolution to pumhase the development rights on June 29, 2004 (Res. No. 519 of 2004); however, the Land Preservation Committee and the landowner had negotiated a new purchase price since the landowner had agreed to the more restrictive easement language required by the Federal Farm and Ranch Lands Protection Program, therefore allowing the project to become eligible for Federal grant reimbursement. The change in purchase price required a new public heating. WItEREAS, 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 Dorset Farms~ Inc., 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 #1000-100-4-8 and 4100 Oregon Road (North Road), and is located on the southerly side of Oregon Road, approximately 769 feet easterly of Elijah's Lane at its intersection with Oregon Road (North Road) in Mattituck. The development rights easement comprises approximately 31.18 acres of the 33.02 acre farm. The exact area of the development rights easement is subject to survey. The pumhase price is $34,000 (thirty-four thousand dollars) per buildable acre. The Town is eligible for a grant from the 2003 Federal Farm and Ranch Lands Protection Program 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 DORSET FARMS, INC. to TOWN OF SOUTHOLD Premises: 4100 Oregon Rd, Mattituck SCTM #1000-100-4-plo 8 Total Parcel Acreage = 33.0208 acres Total PDR Acreage -- 31.1843 acres (PDR acreage minus 1.1526 LIPA easement = 30.0317 buildable acres) Closing took place on Friday, February 18, 2005 at 3:00 p.m., Land Preservation Department, Town Hall Annex, 54375 Main Road, Southold, New York Purchase Price of $1,021,077.80 based on 30.0317 buildable acres at $34,000/acre disbursed as follows: Payable to Dorset Farms, Inc. Check #79932 (2/14/05) *eligible for 50% reimbursement from USDA-NRCS grant Expenses of Closing: Appraisal Payable to Given Associates $ Check #71759 (5/20/03) $ 1,021,077.80' 1,900.00 Appraisal Updated Payable to Given Associates Check #80430 (3/1/05) **not paid at time of closing Survey Payable to John C. Ehlers Land Surveyor Check #77724 (8~24~04) $ 1,900.00'* $ 4,250.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Phase I, ESA report Check #78637 (10/19/04) Payable to Nelson, Pope & Voorhis, LLC Reinspection, Inspection letter & review of documents Check #80480 (3/1/05) **not paid at time of closing $ 1,300.00 $ 562.50** Title Report Payable to Stewart Title Insurance Company Check #79934 (2/14/05) Fee insurance $ 4558.00 Recording deed $ 310.00 Certified copy $ 50.00 Bankruptcy search $ 20.00 $ 4,968.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79933 (2/14/05) $ 75.00 Those present at Closing: Martin Sidor Lisa Clare Kombrink, Esq. Abigail A. Wickham, Esq. Peter Carroll Karen Hagen, Esq. Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Attorney for Seller Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst ONEMILLION TWENTY TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971~O959 DATE CHECK NO 02114/2065 79932 .o. 079932 AMOUNT $1, 021,077 . 80 ONE THOUSAND SEVENTY SEVEN AND 80/100 DOLLARS PAYTO DORSET FARMS, INC. ~ POBOX 28 owen PECONIC NY 11958 ~ O0000N VENDOR 004555 DORSET FARMS, INC. 02/14/2005 CHECK 79932 H3 .8660.2.600.100 P.O.# INVOICE 021405 DESCRIPTION AMOUNT DEV RIGHTS-30.0 1,021,077.80 TOTAL 1,021,077.80 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 .GIVEN A~ $ 0 C IAT E S PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 April 8, 2003 Melissa Spire, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Dorset Farms, Inc., S.C.T.M. #1000-100-~8 Located Southerly side of Oregon Road, Mattituck, NY File~ 2003170 · $1,900.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y Y JE Date Trx.Date Fund Account ......................... Use Acti 12/03/2002 12/03/2002 H3 .600 12/03/2002 12/03/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 12/17/2002 12/17/2002 H3 .600 1/07/2003 1/07/2003 H3 .600 1/07/2003 1/07/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/11/2003 3/11/2003 H3 .600 3/25/2003 3/25/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 4/08/2003 4/08/2003 H3 .600 5/20/2003 5/20/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 6/03/2003 6/03/2003 H3 .600 7/08/2003 7/08/2003 H3 .600 ~ ........................ Use Acti ect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. W-05202003-473 Line: 143 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE Trx Date ..... 5/20/2003 SDT 5/19/03 : 'Trx Amount... 1,900.00 Description.. APPRAISAL-DORSET FARMS Vendor COde.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK ........ 71759 SCNB Invoice Code. 2003170 VOUCHER ...... P.O. Code .... 10641 Project Code. Final Payment F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 5/20/2003 Date Cleared. 5/31/2003 : F3=Exit F12=Cancel F21=Image : GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road $outhold, N.Y. 11971 Property of Dorset Farms, Inc., S.C.T.M. #1000-100-4-8 Located Southerly side of Oregon Road, Mattituck, NY File# 2005001 real estate appraisers and consultants February 15, 2005 $1,900.00 16 2005 DEPT. OF LAND PRESERVATION GLi08S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRIC.K Y JE Date Trx. Date Fund Account ......................... Use Acti ., 11/30/2004 11/30/2004 H3 .600 ,, 12/28/2004 12/28/2004 H3 .600 3/01/2005 3/01/2005 H3 .600 3/01/2005 3/01/2005 H3 .600 Disburs Inquiry by Vendor Name ............. ;Detail--GL100N .............. : W-03012005-123 Line: 153 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/01/2005 SDT 3/02/05 : : Trx Amount... 1,900.00 : : Description.. APPRAISAL DORSET FARMS : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 80430 SCNB : : Invoice Code. 2005001 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 3/01/2005 : : Date Cleared. : : F3=Exit F12=Cancel : JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date Invoice # 8/9/2004 2004318 Bill To Town of Southold Town Hall Southold, N.Y. 11971 Attn: Melanie Your Client Dorset Farms, inc. Date of Service 8/10/2004 Des~c_riptio~n Current survey of parcel containing approximately 33 acres with the intention of transferring 31.5 acres of development Jrights to the Town of Southold Approximate time for completion is 3 weeks SCTM# My Job # 1000-100~.-8 04-234 Amount 4,250.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 005322 EHLERS/JOHN C. Y .Y. JE Date Trx. Date Fund Account ......................... Use Acti 4/08/2003 4/08/2003 9/23/2003 9/23/2003 9/23/2003 2/24/2004 4/06/2004 7/27/2004 8/24/2004 4/08/2003 H3 600 4/08/2003 H3 600 9/23/2003 H3 600 9/23/2003 H3 600 9/23/2003 H3 600 2/24/2004 H3 600 4/06/2004 DB 600 7/27/2004 H3 .600 8/24/2004 H3 .600 ; Select Record(s) Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-08242004-336 Line: 95 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/24/2004 SDT 8/26/04 : : Trx Amount... 4,250.00 : : Description.. SURVEY-DORSET FARMS,INC : : Vendor Code.. 005322 : : Vendor Name.. EHLERS/JOHN ¢. : : Alt Vnd.. : : CHECK ........ 77724 SCNB : : Invoice Code. 2004318 : : VOUCHER ...... : : P.O. Code .... 12264 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 8/24/2004 : : Date Cleared. 8/31/2004 : F3=Exit F12=Cancel F21=Image : : or Use Action Code : ........................................ : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04258 Project: VA01569 Dorsett Farms Property, Mattituck Manager: McGinn, St6ven To: Town of Southold Dent of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2701 Invoice Date: October 01, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORItIS Invoice Amount $1,300. O0 Contract Item #1: Prepare Environmental Site Assessment - Phase I Work Performed: 8/4 thru 8/31/04 Contract Amount: $1,300.00 Percent Complete: 100.00% Fee Earned: $1,300.00 Prior Fee Billings: $0.00 Current Fee Total: $1,300.00 *** Total Pr/Oject InVoice Amount $1,300. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR 6/01/2004 6/01/2004 6/15/2004 7/13/2004 7/27/2004 7/27/2004 8/10/2004 8/10/2004 8/10/2004 8/10/2004 .. 10/19/2004 11/16/2004 11/16/2004 2/28/2004 1/18/2005 Y JE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 H3 .600 6/01/2004 H3 .600 6/15/2004 H2 .600 7/13/2004 B .600 7/27/2004 H8 .600 7/27/2004 A .600 8/10/2004 A .600 8/10/2004 A .600 8/10/2004 A .600 8/10/2004 A .600 10/19/2004 H3 .600 11/16/2004 H3 .600 11/16/2004 H3 .600 12/28/2004 H3 .600 1/18/2005 B .600 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-10192004-891 Line: 228 Formula: 0 : : Account.. H3 .600 : :Acct De$c ACCOUNTS PAYABLE : : Trx Date ..... 10/19/2004 SDT 10/20/04 : : ?tx Amount... 1,300.00 : : Description.. PHASE I ESA-DORSET FARMS : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 78637 SCNB : : Invoice Code. 2701 : : VOUCHER ...... : : P.O. Code .... 12268 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 10/19/2004 : : Date Cleared. 10/31/2004 : : F3=Exit F12=Cancel F21=Image : Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Melville, NY 11747 Phone: 631-427-5665 631 427-5620 March 01, 2005 Statement of Account Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold, NY 11971 Attention: Melissa A Spiro VA01569 Dorsett Farms Property, Mattituck Invoice Due Current Payments/ Amount Invoice Type Reference Date Da~e Credits/Discounts Due 3015 Invoice 2/11/2005 3/13/2005 0.00 562.50 Project Totals: 0.00 562.50 Report Totals: 0.00 $562.50 IF YOU HA VE ANY QUESTIONS REGARDING THIS STATEMENT PLEASE CONTACT HEATHER AT 631 427 5665 XT 504 ~GL108S 20 TOWN OF SOUTHOLD ** Actual dor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 1/18/2005 1/18/2005 B .600 .. 1/18/2005 1/18/2005 B .600 2/15/2005 2/15/2005 SR .600 iYi 3/01/2005 3/01/2005 H3 .600 CANNOT FORWARD. END OF FILE Disburs Inquiry by Vendor ~ .............. Detail--GL100N .......... : W-03012005-123 Line: 253 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/01/2005 SDT 3/02/05 : : Trx Amount... 562.50 : : Description.. PHASE I ESA-DORSET FARMS : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 80480 SCNB : : Invoice Code. 3015 : : VOUCHER ...... : : P.O. Code .... 13452 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. Addl. : : Fixed Asset.. Y : : Date Released 3/01/2005 : : Date Cleared. : : F3=Exit F12=Cancel : TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEWYORK 11971-0959 DATE o2/14/2o05 .o. 079934 T~E SU FFOL~ COUN%' NATIONAL RANK CHECK NO, ~,MOUNT s4,s s.oo FOUR THOUSAND NINE H~DRED SIXTY EIGHT AND 00/100 DOLLARS PAYTO LANDAMER I CA* COMMONWEALTH THE 185 OLD COUNTRY ROAD ORDER OF PO BOX 419 , R'I~RHEAD NY li901~: iii' ,'0 ?qq ~,' ,:08~1,05~,f:1~,: &3 OOOOO[, 0,' 02/14/2005 CHECK 79934 VENDOR 003350 LANDAMERICA*COMMONWEALTH FI~D & ACCOII~IT P.O. ~ INVOICE H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 H3 .8660.2.600.100 12271 RH04301552 RH04301552 RH04301552 RH04301552 DESCRIPTION AMOUNT TITLE POLICY-DORSET 4,588.00 RECORD DEED-DORSET/TO 310.00 CERT COPY/DEED-DORSET 50.00 BANKRUPTCY SEARCH-DORS 20.00 TOTAL 4,968.00 k. TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 S~.'~TY FTV~ AND 00'/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW YORK 11971-0959 DATE 02/14/2005 No. 079933 CHECK NO AMOUNT 79933 $75.00 PA~TO KAREN HAGEN · ~E ' 26~ ~ CKEt~wIN' BOULEVARD ORDER VENDOR 007707 KAREN HAGEN 00000~ 0"' 02/14/2005 CHECK 79933 H3 ,8660,2.600.100 P.O.~: INVOTCE 021405 DESCRIPTION AMOUNT TITLE CLOSER-DORSET/TO 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 G R A N T I N F O R M A T I O N Bridge Business Connect 'r~a ~ ~ Bndgthamp~(m Naliom~! B~mk The ban[: yo,~ c~n t~Ik t~ Page i of 1 BHdge Business Connect Summary I Accounts I Funds Management I Administration I Review I Balances I Transactions I Stop Payments I Documents Preservation 580003119: Current Statement Transactions as of 04/05/2005 3:12 PM Print Date Number Description Debit Credit 04/01/2005 16 TREAS 310 MISC PAY 116001939124016 216,538.90 8,10 04/01/2005 16 TREAS 310 rqI$C PAY 116001939124016 294,000.00 8,39 Total: (0) 0~00 (2) 510,538,90 Equal Opportunity Lender Contact Us Privacy Polk IViember FDIC Equal Housing Lender Copyright Information Technology, Inc. 2001 - 2005 https://www.securccashmgnl.com,'EBC L: BCI 9(il/EBC1961 .ASP?WCi=Process&WCE=Transcrip... 4/5/2005 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: 16 Receipt Number : 05-0024382 TRANSFER TAX NUMBER: 04-31708 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 100.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $48 COE $5 TP-584 $5 Cert.Copies $10 SCTM $0 Comm. Pres $0 00 NO Handling 00 NO I~-YS SRCHG 00 NO Notation 40 NO RPT 00 NO Transfer tax 00 NO TRANSFER TAX NUMBER: 04-31708 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County MAR 2 4 2005 DEPT OF LAND PRESERVATION 03/08/2005 09:07:35 AM D00012375 384 Lot: 008.002 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $118.40 TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 3 I FEES Handling 5. 00 TP-584 ~,~ Notation EA-52 17 (County) Sub Total R.P.TS.A. Comm. of Ed. 5. 00 Affidavit Certified Copy.~ NYS Surcharge 15. 00 Sub Total Other Grand Total 4 Dist. Real Property Tax Service Agency Verification Section 05009327 looo lOOOO 0400 008002 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Lisa Clare Kombrink, Esq., P.C. 235 Hampton Road Southampton, NY 11968 Mortgage Amt. l. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax 0 -- Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on ~age # __ of this instmmenL ~ommunity Preservation Fund Consideration Amount CPF Tax Due $ ~ hnproved Vacant Land TO TD TD 7 [ Title Company Information Co. Name ~e'~,~ev'l'nrY g~Q Co~,/~ 81 Suffolk County Recording & Endorsement Page Grant of Development Rightsc:Easement This page fom~s part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) DORSET FARi'4S, INC. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of SOUTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK iNK ONLY PRIOR TO RECORDiNG OR FILING. (over) 1/28/05 GRANT OF DEVELOPMENT RIGHTS EASEMENT ,- THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the i~ day of 2005at Southold, New York. The are DORSET FARMS, INC., P.O. BOX parties ONIC, NEW YORK 11958 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). tNTRODUCi-ION W/-IERE,4~,, Grantor is the owner in fee simple of certain real properly located at 4100 Oregon Road, Mattituck in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-100-4-8, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "Property"; and as shown on the survey dated July 8, 2004 and last revised January 14, 2005 prepared by John C. Ehlers. WHEREA,q, the Property is located in the AC Zoning District of the Town of ~ Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural 'soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-100-4-8; and WHEREAS, the Property contains soils--~D acres of soil classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United Sta,t,.es Departme_n,[ of,~gricu?re Natural Resources Conservation Service (hereinaffer the United States or NRCS ) has provided $294,OOu-'to the ~ Grantee and for the acquisition of this Easement, entitling the United States tothe, J rights identified herein. ,~ ,~/~), ~-~,~/~O WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property in an agricultural capacity; and WHEREAS, the Property is currently in agricultural use as a vineyard; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION-TWEN~'-ONE THOUSAND- SEVENTY-SEVEN DOLLARS AND EIGHTY CENTS ($i,021,077.80) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.0~. Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as set forth in Land America Commonwealth Title Report # RH04301552 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in lahd, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the agricultural values of the Property which foster environmental, natural and scenic benefits and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its agricultural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoonition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated July 8, 2004 and last revised January 14, 2005 prepared by John C. Ehlers and an Environmental Site Assessment dated August 20, 2004, prepared by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than the agricultural production as that term is presently referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 25 of the Town Code of the Town of Southold and any additional uses permitted by amendment of such Law or Code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor"when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuib/, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, 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 Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property 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. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 DumDina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the property, including fertilization, composting and crop removal. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. All signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, except for drywells, drainage or systems used to service permitted agricultural or conservation uses on the property. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures on the property. Said utilities may service an adjacent property if the adjacent property is owned by Grantor and is subject to a Development Rights Easement and said Easement permits utilities. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in Section 247 of the General Municipal Law ~and /or defined in Chapter 25 of the Town Code, shall not be considered a commercial use. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural productions be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.1.0 Conservation Compliance Provisions of the Conservation Plan As required by Section 12381 of the Food Security ACt of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on t~'~ /~' .2005. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. Tn the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. ~[f the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural ~ resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace the pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this AR'F[CLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed damaged or interfering with agricultural production. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General IVlunicipal Law and/or defined in Chapter 25 of the Town Code, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, limited to de minimus structures, provided such structures are used for agricultural production; (iii) Renovation, maintenance and repairs of existing structures which require a building permit, provided the existing footprint is not increased and the primary purpose of the structure remains agricultural production. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. 4.07 Alienability Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. This provision shall not preclude Grantor from contesting such amounts and from deferring payment during such contest period. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Liability and Indemnification. Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America 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. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of any and all environmentally hazardous or toxic substances or materials whatsoever on or under the Property. 5.03 Annual Mowing Requirement In the event Grantor seeks to leave the Properb/open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. ARTICLE SIX GRANTEE'S RIGHTS 6.0! Entry and Insoection. Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor and not more frequently than annually without Grantor's consent and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Rights of Grantee. Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement and which cure period is extended to a reasonable time if such restoration cannot reasonably be accomplished within :~5 days), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section _6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation~',¢ ~!V~c~A?6tate Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement At the mutual request of Grantor, Grantee, and United States of America, 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 0.03, 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 approved in advance by the United States Department of Agriculture NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary 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 7.12 ("Proceeds") herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the Secretary of the United States Department of Agriculture. 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 amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, 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. The United States of America shall also consent to any such alienation. in addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.11 (Contingent Rights of United States of America) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under Section 170(h) of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmantal organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution, 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Continqent Riqhts of the United States of America In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, the said Secretary and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. Further, in the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretary, all right, title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a properb/right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 ("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 hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is ~'2.~/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). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are --'-'-'-'-'-'-'-'-'-~-O %, and ~ %, respectively, representing the proportion each party contributed to the purchase price of the easement. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: DORSET'.ARMS, TNC., PETEP~ CARROLL President Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU~HOLD, Gra, ntee D~ur,7 Supervisor Acceptance of Property interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed therein, on behalf of the United States of America. By: Marilyn Cassidy Stephenson State of New. York ,) ~ County of ~ ), ss: On the ~/z/:~day of .~,~.~ in the year 2005 before me, the undersigned, personally appeared Marilyn Cas~(dy Stephenson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. LAUREL DEYOE Notary Public State of New YorJ( No. 5071323 Qualified in Saratoga County Commission Expires January 6, 200/ Signature~ice 0l~in(~ividual .(alking acknowledgement STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this/a~/~day of,'~'~v~]'in the year 2005 before me, the undersigned, personally appeared /r~r~ ~¢,/~,~ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed NOTARY PUBLIC, State of New YOt*K NO. 02HA4927029 Qualified in Suffolk Cou STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this J,~;/~day of~-e~/~e year 2005 before me, the undersigned, personally appeared/~-~-6",srrP!-...-. ·, personally known to me or proved to me on the basis of satisfactory evidence to be the indMdual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the i~ividual(s) acted, executed the instrument. ~t~ ~'~ol t~ew~o~ Nora C:\My Documents\Anne\Town of Southold Deeds of Development Rig hts \ Dorsettfa rms£asement 1280S.doc SCHEDULE A - DESCR,TPT/ON ANENDED 01/2~/05 AL[, that certain plot, piece or parcel of land, situate, lying and being at Hattituck, In the Town of Sou:hold, Coun~ of Suffolk and State Of New YC~rk/ more particularly bounded and described as follows: BEGINNING at a monument on the Southerly side of Oregon Road distant the following two (2) courses and diStances as measured along the SoutheHy s{de of Oregon Road from tho comer formed by the inte~section of the Southerly side of Ore,on Road with the Easterly side of Eli.lab's Lane; ,<1. North 63 degrees 53 minutes 30 seconds East, 365.08 feet and; 2. North 63 degrees 58 minutes ;10 seconds East, 403.48 feet, and from said point of beginning; RUNNING THENCE Nod:h 63 degrees ~8 minutes 10 seconds East along the S~utherly side of' Oregon Road, 305.69 fee~; THENCE South 26 degrees 07 minutes 30 seconds East, 460~25 feet; THENCE North 61 degrees ~2 minutes 30 seconds East, 175.00 feet; THENCE North 28 degrees 07 minutes 30 seconds West, ~.99.25 feet to a monument and )and now or formerly of Joanna & Thomas Haguire; THENCE No~h 57 degrees 14 minute~ 30 ~conO$ East, along said lend, 142.38 feet; THENCE 50uth 28 degrees 07 minu~cs 30 seconds East, still along said land, 30.00 THENCE No~h 62 degrees 02 minutes lO seconds Eas~, ~ill along said land and tater along lan~ now or formerly of 3ose~h A. Deerkoski & Waiter P. Sco~t, 172.91 fee~ to a monument and land now or formerly of EOith 3. & Ro~ D. SCudellari; THENCE South 28 degrees 07 minutes 30 seconds East, a~ong said land now or formerly of Scudellan, 47.23 f~t to lan~ now or formally cf Andrew 5. Bergen, ~a~ Bar,man & Deborah Berkman; THENCE along said ta~d now or formeny o~ 5erkman the ~lowing three (3) courses and d~stances; 1.South 28 degrees 05 minutes 40 ~ccnds East, 838.59 fee[; South 28 degrees 00 m~nut~ 50 seconds East, 522.34 feet; and 3. Sou~h 29 degrees 0S minutes 30 seconds East~ ~93.36 feet to land now or ~or~edy of L Vineyards ~sociates; THENCE South B4 degrees 02 minutes 50 seconds We~ along sold land now or ~rmer~y of L & R Vineyards ~s~iate$, 838.6~ feet; THENCE No~h ~6 degrees 51 minutes 50 Seconds West still along said )ast mentioned )ands~ ~86[.33 ~eet to the monument on the southerly side of Ore,on Road an~ the Doint or piece of BEGINNING. Ceddficate of Titte R E C O R D E D R E L E A S E A G R E E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Number of Pages: 4 Receipt Number : 05-0024382 District: Section: Block: 1000 100.00 04.00 Oe EXAMINED AND CHARGED AS FOLLOWS ceived the Following Fees For Above Instrument Exempt Page/Filing $12.00 NO Handling COE $5.00 NO NYS SRCHG Affidavit $0.00 NO Notation Cert.Copies $5.00 NO RPT SCTM $0.00 NO Fees Paid Recorded: At: 03/08/2005 09:07:35 AM LIBER: PAGE: Lot.' 008.002 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $5.00 $15.00 SO.SO $30.00 $72.50 M00020994 712 Exempt NO NO NO NO Edward P.Romaine County Clerk, Suffolk County MAR 1 0 2005 DEPT OF LAND PRESERVATION Se al # Cc ificate # Pr r Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Recording / Filing Stamps Pa, / Filing Fee H; dling 5. 00 TI 584 E/ 52 17 (County) Sub Total / 7 ~'~ E,. 5217 (state) Ce tm. of Ed. 5. Ce ified Copy N' ¢ Surch~ge 15. ~ Sub Tot~ Grand Total .~4 1D~st. Re ] Property Ta Service · ;ency Ve fication 1000 10000 0400 008002 6 : Satisfactionst~ischarges~eleases List Propemj Owners Mailing Address RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec. lAdd. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this mortgage or will be improved by a one or t~ family dwelling only. YES or NO If NO, see appropriate tax clause on page # -- of this instrument. 5 Community Preservation Fun Consideration Amount $ CPF Tax Due $ Improved __ Vacant Land TD TD 7 I Title Company Information Co. OXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of ~tOc.g 7L/q~ In the VILLAGE t~g_g f~ yk~.Z or HAMLET of This page forms par~ of the attached g o~ O v~l/~?~Ttg~ //r(~l~ aj~W~qlt~O P made (SPECIFY TYPE OF INS TR-UMEI'~I¢) Suffolk County Recording & Endorsement Page CONSULT YOUR LAWYER eEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY SUBORDINATION AGREEMENT/RELEASE AGREEMENT made the / 7~'' day of February, 2008 BETVVEEN FIRST PIONEER FARM CREDIT, ACA, with offices at 1281 Route 58, Riverhead, New York 11901, party of the first part, and TOWN OF SOUTHOLD, a municipal corporation of the State of New York having its principal office at 53095 Main Road, Southold, New York 11971, party of the second part, WITNESSETH: WHEREAS, the said party of the first part now owns and holds the following mortgage and the bond or note secured thereby: Mortgage dated the 25m day of August, 1999, made by DORSET FARMS, INC. to FIRST PIONEER FARM CREDIT, ArA in the principal sam of $950,000. and recorded in Liber 19593 of Mortgages, Page 884 in the office of the Clerk of the County of Suffolk on September 14, 1999, covering premises hereinafter mentioned or a part thereof, and WHEREAS, Dorset Farms, Inc., a New York corporation with offices at 38535 Main Road, P.O. Box 28, Peconic, New York 11958, the present owner of the premises hereinafter mentioned and described in said mortgage is about to execute and deliver to said party of the second part, a Grant of Development Rights Easement conveying and granting an easement upon a portion of the mortgaged premises described in Schedule "A" annexed hereto; and also described in said easement; and WHEREAS, said party of the second part has refused to accept said easement unless said mortgage held by the party of the first part be subordinated in the manner hereinafter mentioned, oNOW THEREFORE, in consideration of the premises and to induce said party of the second part to accept said easement and also in consideration of one dollar paid to the party of the first part, the receipt whereof is hereby acknowledged, the said party of the first part hereby covenants and agrees with said party of the second part that said mortgage held by said party of the first part be and shall continue to be subject and subordinate in lien to the lien of said Grant of Development Rights Easement dated February 14, 2005 about to be delivered by Dorset Farms, Inc. to the party of the second part hereto and to be recorded in the Suffolk County Clerk's Office simultaneously herewith (the "Easement"). The Easement consists of the limitations, agreements, covenants, use, restrictions, rights, terms, and conditions set forth therein, intended to restrict further development of the property while permitting use of the property for agdculturel production and compatible uses thereof as set forth in said Easement. RELEASE OF PART OF MORTGAGED PREMISES: WHEREAS, the party of the first part, at the request of the party of Dorset Farms, Inc., has agreed to give up and surrender the interest in the Easement on lands described in Schedule "A" annexed hereto, unto the party of the second part, and to hold and retain the fee title and residue of the mortgaged lands as security for the money remaining due on said mortgage, NOW THIS INDENTURE WITNESSETH, that the party of the first part, in pursuance of said agreement and in consideration of one dollar, lawful money of the United States, paid by the party of the second part, does grant, release and quitclaim unto the party of the second part, only on the Easement on a portion of the mortgaged lands described in Schedule ~A" annexed hereto, the mortgage lien to continue on all remaining interest in said lands. This agreement may not be changed or terminated orally. This agreement shall bind and enure to the benefit of the parties hereto, their respective heirs, personal representatives, successors ~ construed as if it read "parties" whenever the sense of this agreement so req6il IN WITNESS WHEREOF, the said party of the first p~ has~ul~ execu,d tlis IN PRESENCE OF: FI 'R F M ~ ,~0~/}~q% PATRICK K. WILES, Vice-President issigns. The word "party" shall be Iement the day and year first 9IT, ACA f/$ubagmtl Standard N.Y.B.T.U. Form 8030 - Subordination Agreement (of Mortgage) - Unifom~ Acknowledgment Form 3263 T~.I~ No: RH0430'1552 SCHEDULE A - DESCR/PTZON AMENDED 01/21/05 ALL that cer[ain plot, piece or parcel of land, situate, lying and being at Hat'dtuck, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southerly side of Oregon Road distant the following two (2} courses and distances as measured along the Southerly side of Oregon Road from the comer formed by the intemection of the Southerly side of Oregon Read with the Easterly side of Elijah's Lane; ~ :[. North 63 degrees 53 nlinutes 30 seconds East, 365,08 feet and; 2. North 63 degrees 58 minutes/.0 seconds East, 403.48 feet, and from said point of beginning; RUNNZNG THENCE North 63 degrees 58 minuses ;ID seconds East along the southeriy side of Oregon Road, 305.69 feet; THENCE South 28 degrees 07 minutes 30 seconds East, 460.25 feet; THENCE No~h 61 degrees 52 minutes 30 seconds East, ;[75,00 feet; THENCE North 28 degrees 07 minutes 30 seconds West, [99.25 feet to a monument and land now or formerly of 3oanne & Thomas lViagulre; THENCE North 57 degrees :k4 minutes 30 Seconds East, along said land, :[42.38 feet; THENCE South 28 degrees 07 minutes 30 seconds East, still along said land, 30.00 feet; THENCE North 62 degrees 0~- minutes ).0 seconds East~ still along said land and later along land now or ferrneHy of Joseph A. Deerkeski & Waiter P. Scott, 172.gl feet to a monument and land now or formerly of Edith 3. & Robert D. Scodellari; THENCE South 28 degrees O7 minutes 3O seconds East, along said land now or formerly of $cudeliari~ 47.23 feet to land now or formerly of Andrew S. Berkman, Barry Berkman & Deborah Berkman; THENCE along said land now or formerly of Berkman the following three (3) courses and distances: 1. South 28 degrees 05 minutes 40 seconds East, 838.59 feet; 2. South 28 degrees 00 minutes 50 seconds East, 522.34 feet; and 3. ~outh 29 degrees 05 minutes 30 seconds East, 3.93.35 feet to lar~l now or formerly of L & R Vineyards Associates; THENCE South 64 degrees 02 minutes 50 seconds West along said lend now or formerly of L & R Vineyards Associates, 838.69 feet; THENCE North 26 degrees 5;[ minutes 50 seconds We~ stfll along said last mentioned lands, 186~..33 feet to the monument on the southerly side of Oregon Read and the point or place of BEGINNING. Certificate of Title TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York, County of SUFFOLK ss: State of New York, County of ss: On the / ~' day of February in the year 2 0 0 5 On the day of in the year before me, the undersigned, personally appeared before me, the undersigned, personally appeared PATRICK K. WILES personally known to me or proved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individual(~[ whose name(~) is satisfactory evidence to be the individual(s) whose name(s) is ~e~csubscribed to the within instrument and acknowledged to (are) subscribed to the within instrument and acknowledged to me that he/sb~JJ~ey executed the same in his/b~tt~K me that he/she/they executed the same in his/her/their capacity(~, and that by his~.~h~- signature~) on the capacity(les), and that by his/her/their signature(s) on the instrument, the individual~), or the person upon behalf of which instrument, the individual(s), or the person upon behalf of which the individuat/~) acted, executed,the instrument, the individual(s) acted, executed the instrument. (si~ature and office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) Notary Public NOT~b~I' DUBLIG, 8'rA3E OF NEW NO. Ot ¢-,A4~87~ SUBORDINATION AGREEMENT/ RELEASE AGREEMENT FIRST PIONEER FARM CREDIT, ACA To TOWN OF SOUTHOLD SECTION BLOCK LOT COUNTY OR TOWN STREET ADDRESS Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: WILLIAM F BA~S, ESQ. 120 Court Stre~ R0. Box 1463 Riverhead, NY 11901 T I T L E P 0 L I C Y ISSUED BY COMMON~/EALTH LAND TITLE INSURANCE COMPKNY Commonwealth A LANDAMERICA COMPANY OWNER'S POLICY OF TrrLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 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 in~ured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its 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 Attest: Secretary By: President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the C~mp~ny will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b} Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which wou}d 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 claimam became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy (10/17/92) Face Page Form 1190-1A ORIGINAL Valid only if Schedules A and B and Cover are attached FEB. 18. 2005 3:13PM CLT'~ RIVERHEAD LandAmerica Commonwe NO, 859 P. 2/3 File Ne: R.04301552 SCHEDULE A Ammll~t of ~'nsurence.. $1,021,077.80 Date of Policy: February 14, 2005 1. Name of ~'nsured: Policy No.: RH04501552 Town of S;outhold and The United States of America (each as to 50% interest) The estate or interest in the land which is covered by this policy: Development Rights Title to the estate interest in the lend is vested in: By deed made by DOrset Farms Inc. to the ]INSURED dated 2/18/2005 and to be recorded in the Office of the Clerk of the City/Register Suffolk County, 4. The land referred to in this policy is described on the annexed Schedule A - Description, Countersigned: Authorized Officer or Agent ALTA OwneFs ~olicy (10-17-92) File No: RH04301552 SCHEDULE A - DESCRTpTTON AMENDED 01/21/05 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument on the Southerly side of Oregon Road distant the following two (2) courses and distances as measured along the Southerly side of Oregon Road from the corner formed by the intersection of the Southerly side of Oregon Road with the Easterly side of Elijah's Lane; 1. North 63 degrees 53 minutes 30 seconds East, 365.08 feet and; 2. North 63 degrees 58 minutes 10 seconds East, 403.48 feet, and from said point of beginning; RUNNTNG THENCE North 63 degrees 58 minutes 10 seconds East along the southerly side of Oregon Road, 305.69 feet; THENCE South 28 degrees 07 minutes 30 seconds East, 460.25 feet; THENCE North 61 degrees 52 minutes 30 seconds East, 175.00 feet; THENCE North 28 degrees 07 minutes 30 seconds West, 199.25 feet to a monument and land now or formerly of .loanne & Thomas Maguire; THENCE North 57 degrees 14 minutes 30 seconds East, along said land, 142.38 feet; THENCE South 28 degrees 07 minutes 30 seconds East, still along said land, 30.00 feet; THENCE North 62 degrees 02 minutes l0 seconds East, still along said land and later along land now or formerly of.loseph A. Deerkoski & Waiter P. Scott, 172.91 feet to a monument and land now or formerly of Edith J. & Robert D. Scudellari; THENCE South 28 degrees 07 minutes 30 seconds East, along said land now or formerly of Scudellari, 47.23 feet to land now or formerly of Andrew S. Berkman, Barry Berkman & Deborah Berkman; THENCE along said land now or formerly of Berkman the following three (3) courses and distances: 1. South 28 degrees 05 minutes 40 seconds East, 838.59 feet; 2. South 28 degrees 00 minutes 50 seconds East, 522.34 feet; and 3. South 29 degrees 05 minutes 30 seconds East, 193.36 feet to land now or formerly of L & R Vineyards Associates; THENCE South 64 degrees 02 minutes 50 seconds West along said land now or formerly of L & R Vineyards Associates, 838.69 feet; THENCE North 26 degrees 51 minutes 50 seconds West still along said last mentioned lands, 1861.33 feet to the monument on the southerly side of Oregon Road and the point or place of BEGTNNTNG. ALTA Owner's Policy (10-17-92) File No: RH04301552 SCHEDULE B EXCEPTI'ONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of the following: 1. Rights of tenants or persons in possession. 2. Telephone agreement recorded in Liber 1283 Page 578. Subject to agricultural commitments set forth in Liber 10866 Page 554, Liber 11268 Page 267, Liber 11423 Page 155, Liber 11619 Page 540 and Liber 11665 Page 368. Survey made by John C. Ehlers dated 07/08/04 and last amended 01/14/05 shows premises as improved with vineyards and frame barn; a)$ixty (60) foot wide LIPA easement with towers that traverse premises; b)Detached frame garage; c)Variations between fence and East line at northeast corner of premises. No encroachments shown. 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. 6. Unpaid water and sewer charges to date, if any. 7. 2004/05 Town and School taxes. ALTA Owner's Policy (10-17-92) FEB, 18, 2005 3:j3PM CL='m RIVERHEAD LandAmerica Commonwealth NO. 859 P, 3/3 File No: RH0430155~. STANDARD NEW YORK ENDORSEMENT (OWNER'S POL?CY) A'I-rACHED TO AND MADE A PART OF POL¥cY NO, 0430:1352 ]~SSU E D BY COMMONWEALTH LAND Tt'TLE INSURANCE COMPANY 1. The following is added to the insuring proviaions on the face page of this policy: "5. Any ~atutory lien for services, I~bor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate OF interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this polk:y: "(d) Tf the recording date of the instrernents cre~ting the insured interest is later than the policy d~e, such polic~/shall also cover intervening liens er encumbrances, except real estate taxes, assessments, w~ter charges and sewer rents," Nothing herein contained shall be construed as ex'tending or changing the effe~ive date of the policy unless Otherwise expressly atated, This endorsement, when countersigned below by a validating signato~, is mede a part of the policy end is subject to the I~xclusion$ from Coverage, Schedules, Conditions and Stipuletions therein, except as modified by the provisions hereof. Dated: February' 14, 200S Countersigned: Authorized O~cer or A~ Commonwealth Land Title Tnsurance Company President Attest; ~ Secretary CONDITIONS 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 impart constructive notice of matters affecting the land, (dj "land": thc land described or referred to in Schedule A. and improvements affixed thereto which by [aw constitute real property. The term "land" does not include any property beyond the lines of the area described or referred Io 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 trust, trust deed, or other security instrument. (f) "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 ~espect to Section l(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 districl 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 retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as lhe insured shall have liability by reason of covenants of warranty made by lhe 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 ti) an estate or interest in the lan& or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly m writing ti) in case of any ]itigalion as set forth in Section 4(a) below, 0il in case knowledge shall come to an insured hereunder of any claim of title or interesl which is adverse to the Lille to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt nollee is required; provided. however, thai failure ID notify the Company shall in no case prejudice thc rights of any insured under this policy unless Ihe Company shall be prejudiced by the failure and then only to Ihe extent of the prejudice, 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (~t) Upon written request by the insured and subjecl to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subjecl to the righl of the insured to object lbr 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 wi]] not pay any fees, costs or expenses incurred by the insured in the defense of those causes of acbon which allege matters nol insured against by this policy (b) The Company shall have the right, at its own cost. to mslflute and prosecute any action or proceeding or to do any other act which in tls ~ opinion may be necessary or desirable to establish' the Idle ID the estate o~ interesl, as instlred, or ID prevenl or reduce loss or damage 1o the insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy [f the Company shall exercise its rights under this paragraph, it shag do so diligently B 1190-1A (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a courl of competent jurisdiclion and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (dj In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proeeeding~ the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid ti) in any action or proceeding, securing evidence, obtaining wilnesses, 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 ol'lhe insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or conlinue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after thc notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage, The proof of loss or damage shall describe the defect in. or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If Ihe 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 the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shah 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 shall grant its permission, in writing, for any authorized representative of the Company to examine . inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a lhird party which reasonably pertain o he DSS or damage All lnformafion cleslgha ed as confiden iai by he ~nsured c almant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company. it is necessary in the administration of the claim. Failure of Ihe insured claimant to submit for examination under oath, produce other reasonably requested information or granl permission to secure reasonably necessary information from third parties as required in this paragraph shah 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 tire following additional options: (a)To Pay or Tender Payment of the Amount of Insurance. 1o 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 thc Company, up to the time of paymanl 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 policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant (i) to pay or otherwise settle with other parties fbr or in Ihe name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' l~es and expenses incurred by the insured claimant which were authorized by thc Company up to time of paymem and which the Company is obligated to pay; or (ii) to pay or otherwise settle with thc insured claimant the loss or damage provided for under this po]icy, together with any costs, attorneys' fees and expenses incurred by thc insured claimant which were authorized by the Company up to the time of payment and which the Company :s obligated tn pay Upon thc exercise by Hie Company of either ol Ihe options provided for in paragraphs (b)(i) or (ii), the Company's obligations to file insured under this policy for the claimed loss or damage, olher than the payments required to be made, shall terminate, including any liabildy or obligation to defend, prosecute or continue any litigation oas and Stipulations Continued Inside Cover CONTROL NO. P n k- n n q 1 1 h 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy iS a contract of indemnity against actual monetary loss or damage ined or incurred by the insured claimant who has suffered loss or damage by jn of matters insured against by this policy and only to the extent herein ~'ribed. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured end 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 the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Pcticy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the propodion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Cate 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 thls policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of tw~ or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any i ovements made subsequent to Date of Policy, unless a liability or value has ise been agreed upon as to each parcel by the Company and the insured at ~e of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a dght of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability vctuntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10, REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. lt. LIABILITY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a modgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction ol the 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 unaffected by any act of the insured claimant. The Company shall be subrooated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this po?icy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these dghts or remedies. g a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these dghts 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 Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the 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 Cpmpany 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 shell be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (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 conslrued as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number ct this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only il 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) 853-6806 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 RIVERHEAD 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-OOO2 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 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 T~e Insurance Company is a member of the LandAmerica family of title insurance unde~aters. LandAmerica Commonwealth LandAmerica Financial Group, Inc. 101 Gateway Cenlre Parkway Richmond, Virginia 23235-5153 www.landam.com THANK YOU. Title 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 write: Commonwealth Land Title Insurance Company Consumer Affairs P.O. Box 27567 Richmond, Virginia 23261-7567 telephone, toll free: 800 446-7086 web: www. landam.com We thank you for choosing to do 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 underwdtem, 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 30.0317 acres of active farmland and/or 0 acres of non- farmland, situated as part of Suffolk County Tax Map No. 1000-100-4-8 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: ~,~sh,',,~ ',' Hw,,,,,, 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner DORSET FARMS, INC. STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) on day of February, 2005, before me personally appeared HOR-TON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribedtQ tfte within instrument and acknowledged to me that he executed the same m h~s capac~t~as ~"~erv sor 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. STA'~'E OF /(,F_./.~J~ ) COUNTY OF ~U~f~ ) KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 ¢~ Qualified in Suffolk County Commission Expires March 21, 20 )SS: On the /¢'' day of February, 2005, before me personally appeared PETER CARROLL, 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. Notary'~Pu~ ~ KARFN J HAGEN NOTARY PUBLIC, State of New York No 02HA4927029 lifted in Suftoik County ,~-~ CommiOs;,~n Exp,res March 21,20 P R O P E R T Y R E C O R D S L fy Tox Service SECTION NO 100 PROPERTY 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 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Sc, uthold, NY J 1971 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: February 22, 2005 Re: DORSET FARMS, INC. to TOWN OF SOUTHOLD SCTM #1000-100-4-p/o 8 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: 4100 Oregon Road, Mattituck OWNER: Dorset Farms, Inc. PURCHASE DATE: Closing took place 2/18/05 PURCHASEPRICE: $1,021,077.80 (based on 30.0317 buildable acres @ $34,000/acre) EASEMENT AREA: 31.1843 acres (includes 1.1526 LIPA easement area) FUNDING: Community Preservation Funds (eligible for a 50% funding reimbursement of approximately $510,538.90 from a grant from USDA-NRCS) MISCELLANEOUS: The total area of the Dorset Farms parcel is 33.0208 acres. The landowner reserved an area of 80,000 sq ft (1.8365 acres) from the easement. The location of the reserve area is shown on the attached survey. Town of Southold Monitoring Plan The Town of Southold has purchased the development rights on over 1500 acres of farmland. Southold Town has a Land Preservation Committee (LPC) consisting of seven members appointed by the Town Board. The Committee members are volunteers, all living within Southold Town. General monitoring occurs on almost a daily basis due to the fact that the amount of land on which the development rights have been purchased is not large, the majority of the parcels are visible from the road and all LPC members live within the Town. The LPC maintains a file for each property on which the development rights have been sold. Included within the file is a survey for the specific site. Specific site monitoring will occur on an annual basis. The inspector(s) will inspect the site as to any changes in the use of the land and as to whether any new structures have been added to the site. Contact Person: Melissa Spiro, Coordinator Land Preservation Department Town of Southold Town Hall Annex, NFB Bldg 54375 Main Rd (Route 25) P.O. Box 1179 Southold, NY 11971-0959 (631) 765-5711 (631) 765 -6640 fax 100.-4-8 2 473009 Southold Active R./F'I School: Idattituck School Dorset Farms Inc. R,:,i[h'e.~r: 2007 Curt Yr Land rights LandAV: 41 O0 Oregon Rd Land Yize: 31 18 acres To~aIAV: 5.900 Owne~ Tetal. I Taxable Value Miscellaneous r'J~me: Dorset From= Inc Eounty: 2.200 Book: 12375 Add Addr Mur,~ 2.200 Page: 384 Sr~ee~ :.choul. 2.200 Mortg: F'O B,:,~' 28 Bank: CJly: Peconic. NY Zip: 11958- Sdd u~el ~at 2.200 a. cct Mu' 14 Sale T,¢al 1 Site 1 of I Land 0 of 0 Bo,:4' Page S~I~ Da(e Sale Price O,,.rn~f Prpu. lx Land ~ighls 12375 384 02/18/05 1.021.077 Town of 5outho Nbhd Ed. O Utili[i~.< Exemption Total 1 Terrn Owr, Building Total: Cude An ount "r'ea~ Pct 41720 AG DIS1 3.708 O Special District Total 4 Va)Lie/ Improvement Total. Code Units Pct Type Mo'./e Ta:.: [ype Name Din~l Bin~2 SQFT Yr Buil~ FD03O Mattituck FD .OO .00 PKO71 Mattituck Pml .00 _00 .00 2 0 0 P H O T O S DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from northwest corner of property on Oregon Road facing southerly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from easterly side of property following the LIPA easement facing westerly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from southwest corner facing northeasterly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from southeast corner facing northwesterly OORSET FARMS, NC. SCTM #1000-I00-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from southeast corner of property facing northerly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from north most easterly corner of property facing westerly towards framed garage and framed barn DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from north most easterly corner of property facing westerly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Qregon Road, Mattituck Photo taken from north most easterly corner of property facing westerly towards framed garage and framed barn DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from north most easterly corner facing southwesterly DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from curve in dirt farm road facing easterly towards framed barn DORSET FARMS, INC. SCTM #1000-t 00-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from Oregon Road facing in a southerly direction along dirt farm road DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres 4100 Oregon Road, Mattituck Photo taken from Oregon Road facing in a southwesterly direction from northeastern corner of property DORSET FARMS, INC. SCTM #1000-100-4-8 Development Rights Easement 31.1843 PDR acres Photo taken from Oregon Road across from northeast corner of property facing towards northwest corner of property 2 0 1 1 A G S T R U C T U R E R E Q U E S T 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 (corner 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 December 19, 2011 Peter Carroll Dorset Farms Inc. P.O. Box 28 Peconic, NY 11958 Re: $CTM #1000-100.-4-8.2 Dorset Farms, Inc. Request for "as is" deer fencing on property with Town Development Rights Easement Dear Mr. Carroll: The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code and the easement on your property, reviewed the request you submitted on November 19, 2011, for deer fencing "as built" on the above mentioned property. Section 70-5 C. (2) [3] of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. Your request is for Land Preservation Committee approval of the placement of "as built" deer fencing along the perimeter of the easement area that was built to specification of the NYS DEC grant program. The Land Preservation Committee did review and approve your request for the placement of said deer fencing within the development rights easement area. Please note that the Committee's approval of this use within the easement does not mean that such use has been approved or permitted by other Town Departments or agencies as all improvements are subject to all applicable Town Code requirements. If you have any questions regarding the above, please call me. Sincerely, Melissa Spiro Land Preservation Coordinator /md eno: cc w/enc: landowner's formal request and sketch plan Planning Dept. Building Dept. LAND PRBSBRVAT[ON COORDINATOR m~ir~W~.~old.~y ~ Tc~nc (631)'7~-5711 F~ile (631) 765~ Dg. PARTME2qT OF E. AND PI~SIgRVATtON TOWN:OF SOUTHOLD · OFFICE I.,OCATION: Town Hall Ann~ 54375 8tote Route 25 (cornet of Mi~ Rd & Youn~gs Ave) Soufi~old, New York MAILING ADDRESS: P.O, Box 1179 Soulhold, Ny 11971-095~ REQUEST for Agricultural Structure'Placement on PDR TfixMap. No."i000-_ 100 - q' . 8.2 ! am. the. *~wner Of the' properW, 'described below and on which· the Town purchased a deoelopment - dghts/c0nsehtationeasement off or about., 2/.18/-2005 , [datet, e 0f Owner (pleaseprl6t): : :' Do rset ,*Fa rm s ;.~ I nc. -' ~lar~e($){~prevto'us owhe~...'. " ' ' . (ifappllcablel ': ' '- Marling Address: . Phon~Number~- ' Property Loc~tion: . '' ' ' ' Mattituck~,NY 11952 . '~st ~YPe;'size* a.r~l~ i{~of e~/cb. ~gHcuJ~ural structure proposed:~ . ' --_.. -- :'dee~ .fenci.0g ,asbuil.,t,., .ahd Show.n"on ia:ttached a~r[al A ' . ' % :. \. ~. ~ (~urve¥,. tax' map, or sketc~ plsn]t' showing I~l}tcement .... ' "dis~nce~m ~e~.bo~nd~Wljnes' and'shy ~sdil¢sv~ilsbJe info~atJon ml~ting toyo~ YOa m~'talk ~it~ the COordinator'at ($31)TfiS~571.1.to[ discuss q~stions or · the~og~ $[meetin~ ofthe~ Prese~t o~ COmm~e~. .. ,, Rppli~nt- / ~"~'?'{* Date ' Pl~semtur6 the compl~ed~fo~ with a~aehmen~ to: Town of~uthbld -rand P~s~afidn Depa~ment [a~chmen~ mu~b~ signed and:~dat~ bg pro~ owner. A E R I A L S 2001 Aerial SCTM #1000-100-~'-8 DORSET FARMS, INC. 4100 Oregon Rd, Mattituck 31.1843 PDR acres S U R V E Y 5UP--.VE"r' OF PROt°EP--."'I"'f ,51TUATI=, MA f I'ITUC.,t( TOINN.. 50FFOLK (.,OUNT'¢, NY FINAL SURVEY % \ © Z TABLE OF AREAS TOTAL AREA OP PAP-OEL - 1,4~,~qO S.F OF~ ~.020D ACP-.ES AREA OP EASEmeNT TO LIRA = DO,2Oq B.P. O~ I.Ib2¢ ACRE5 A~EA OF PARCEL ~INUB R~B~VE PARCEL - I,~DD,~qO BP OR ~1.1~44 AC~5 NOT~5 ®RAPHIC BE, ALE I"= lO0' 0 I00 200 ¢00 /v JOHN C. EHLERS LAND SURVEYOR 6 ~ST MAIN STREET N.Y.S. LIC, NO. 50202 RIVERI-IF~d3, N,Y. 11901 369-8288 F~ 369-8:287 REF:\~-Ip s¢rveCxt~PROS\04-234.pro 2 0 0 1 A E R I A L M A P Town of Town Public Southo d oard Hearing Town Development Rights Purchase Dorset Farms, Map Town of June 15, Prepared by Southold 2004 GIS Public $outho d H ing Town Development Rights Punch e 4~