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Elak, John
• 40 eop-l-A-4tFQtxc aG�� 0 c at o_ • _49!, 1000-115-8-3.5 (Vk/a 1000-115-8-p/o 3.3) Baseline Documentation Premises: 21140 Main Road (NYS Rte 25) Mattituck, New York 24.5418 acres Development Rights Easement JOHN ELAK ITII TOWN OF SOUTHOLD Deed dated August 25, 2003 Recorded September 19, 2003 Suffolk County Clerk - Liber D00012273, Page 138 SCTM #: Premises: Hamlet: Purchase Price: 1000-115-8-3.5 (Vk/a 1000-115-8-p/o 3.3) 21140 Main Rd (Rt 25) Mattituck $61395459000 (24.5418 buildable acres @ $25,000/acre) Funding: Community Preservation Funds (2% land bank) and Federal Grant Funding ($282,850.45 reimbursement) CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area #1: Reserved Area #2: Zoned: Existing Improvements: Yes 28.6496 acres 24.5418 easement acres 0.2215 acre 3.8863 acres A -C In June 2003 — Dirt farm road along easterly boundary line; well, tank & pump located on westerly boundary line 0 • 11 DESCRIPTION LAND The subject is a parcel of land having an area of 25.0± acres. It is a portion of a larger property described as follows: It is irregular in shape, although overall average, with 410±' of frontage on the southerly side of Main Road (SR 25). It has a maximum depth of 1,876±', which is also close to its average depth. The property's southerly border has 657±' of frontage along the northerly side of New Suffolk Avenue. The above dimensions are taken from the Suffolk County Tax Map, a copy of which has been included in the addenda to this report. The property has a level topography and is mostly cleared. It is situated at or near road grade. At the time of inspection it was in use as farmland. Utilities (electric and telephone) are available along the property's road frontage. There is public water in this area (along New Suffolk Avenue), however, according to the Suffolk County Water Authority, there exists a moratorium in the town of Southold which prohibits new projects from hooking up to a water main. Both Main Road (SR 25) and New Suffolk Avenue are two way, two lane, publicly maintained macadam paved roadways. FGIVEN 18 ASS 0 C I Si E DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is vacant land in use as farmland. • FGIVEN 19 A S 50 C I A i ES 0 0 is • o�gUFFO(,�co r o`Z Gy '.� Town Hall, 53095 Main Road P.O. Box 1179 GA 2 O Southold, New York 11971 Pax(516)765-1823 Telephone (516) 765-1800 LAND PRESERVATION COMMITTEE RN�BN�p TOWN OF SOUTHOLD N 0V' 0 . LAND PRESERVATION COMMITTEE MEETING MONDAY, NOVEMBER 13, 2000 AT 7:30 P.M. MINUTES "VA' .1,1 l Qq ' Present were: Dick RyanRay Huntington, Joe Krukowski, Fred Lee, Reed Jarvis, Brian Murphy, Melissa Spiro and Marian Sumner. The Minutes of the October 30, 2000 meeting were accepted as read. The Committee reviewed the application of John Elak. It is 29 acres and is located on the Main Road in Mattituck. A motion was made by Ray Huntington and seconded by Joe Krukowski to have an appraisal done on this parcel. All were in favor. 0 11 0 P R O P E R T Y O 1 $S.O41G1 ZS.:Ami oll Lel 21^3 xoe5� v:nan �P 3] 31.1 $7 16.9 Icl pan 9 al s 'l9 a 20x I 18 /1.1M0 16 -- 29n iau a e 17 - 0 SUFF OLS — •—meq �F. �- °l0 v i a° mnn t1.15rn 2�. 17.26 li.D � I ° Lldlcl 0 �1n �i a uo m ca 1° 26 �nn �F 27 2B' In 7l �n L1.2"21 y�^ m7va e . -�i.a. u 2 1 RA 25 1 n x 2.1N. 12dtcx �f 131dd W N a,z 91pN _ 17.20 Z�alv Y'23=m y .n m• °.n Spp1C\ \y 1l2} _ I �''�s •�� °t „ m zz : = d = L2dK1 .o e n li12 a8 < :.a l • I' A,. ((�:„.n ,,.. >m zA - - ..; ,Y 6 n x .r �yEE✓• ,. 6 E s ag 20e •`�%<v, 21e 5©' vd �1P c1 /,., Y• ]HP`„SG 13111 mm •�� �� � 5 23 lanc %1aO v\1}10 19 eAe lu •} -1 k e� 5 • 5� 1JP,ci v' n yv21 1]�l �10 90 I• - 0 Y20B ma .0 •p 1� A/YP1t 1'', 1x 16 8'170 r/ ld : I ^�. 10,E .' µ n ' •_ S 6.1is 10 �o \ l6• C: 11 I ,va19 .w Vl a t .Nth 11 s' N V, n - • e 5 1 j 10 \S. ~� i\ vay� 10 � � 11Plc p 11.16 P tB e n N 12µ iD 6I” � 'nL1c 6 2 12 \\fes S 9 � I�p y 14 Tax Map Location 62 L o 16_<nloi I vl O 1 $S.O41G1 ZS.:Ami oll Lel 21^3 xoe5� v:nan �P 3] 31.1 $7 16.9 Icl pan 9 al s 'l9 a 20x I 18 /1.1M0 16 -- 29n iau a e 17 - 0 SUFF OLS — •—meq �F. �- °l0 v i a° mnn t1.15rn 2�. 17.26 li.D � I ° Lldlcl 0 �1n �i a uo m ca 1° 26 �nn �F 27 2B' In 7l �n L1.2"21 y�^ m7va e . -�i.a. u 2 1 RA 25 1 n x 2.1N. 12dtcx �f 131dd W N a,z 91pN _ 17.20 Z�alv Y'23=m y .n m• °.n Spp1C\ \y 1l2} _ I �''�s •�� °t „ m zz : = d = L2dK1 .o e n li12 a8 < :.a l • I' A,. ((�:„.n ,,.. >m zA - - ..; ,Y 6 n x .r �yEE✓• ,. 6 E s ag 20e •`�%<v, 21e 5©' vd �1P c1 /,., Y• ]HP`„SG 13111 mm •�� �� � 5 23 lanc %1aO v\1}10 19 eAe lu •} -1 k e� 5 • 5� 1JP,ci v' n yv21 1]�l �10 90 I• - 0 Y20B ma .0 •p 1� A/YP1t 1'', 1x 16 8'170 r/ ld : I ^�. 10,E .' µ n ' •_ S 6.1is 10 �o \ l6• C: 11 I ,va19 .w Vl a t .Nth 11 s' N V, n - • e 5 1 j 10 \S. ~� i\ vay� 10 � � 11Plc p 11.16 P tB e n N 12µ iD 6I” � 'nL1c 6 2 12 \\fes S 9 � I�p y 14 Tax Map Location 62 Ll PHOTOGRAPHS OF SUBJECT 11 11 11 10 11 11 11 11 11 11 it 11 Subject - Facing North From New Suffolk Ave Subject - Facing South from Main Road FGIVEN 59 AIIIIIA T fS PHOTOGRAPHS OF SUBJECT Facing Easterly Along Main Road Facing Westerly Along Main Road V -GIVEN rat) AS: a: AILS PHOTOGRAPHS OF SUBJECT Facing Westerly Along New Suffolk Ave Facing Easterly Along New Suffolk Ave FGIVEN si ASS III I I IS SUBJECT PHOTOGRAPHS Too z. M View of Subject - Facing Southeasterly from Main Road View of Subject - Facing Norheasterly from New Suffolk Avenue F -GIVEN 73 SUBJECT PHOTOGRAPHS (Ir, ) View Easterly Along Main Road View Westerly Along Main Road F.GIVEN 74 Rt A, 4 +f. t Yyl _ pp :iiy y�`l� 0 [1 H ' Zoning Map)63 KI KI • urcvcl yr rr-K [ .r . :)M, SOUTfll"fUGK �, samaW XFaK carer, Nr N2r® a- e�oenee-o. b Y Y ^ rsesEmreo urFn wa�ae x ae 3mP3 Kms s d #a VAIR •PV[OVIN3n N.ur>R�NZPuvoaeurc ,9 N{A[ L �ECEINED RI yrtP4:n ,:plpl N W*E 5 .r . Y b Y Y ^ rsesEmreo urFn wa�ae x ae 3mP3 Kms s d #a ,9 yy� Y N W*E 5 Yg Y b Y Y ^ rsesEmreo urFn wa�ae x ae 3mP3 Kms s d #a ,9 ii sesv.�++ ippO' 1 kk N d napowP ca.rymPce d w.ebp•ei! i ra • P�]15[10 KRES w I,C64 2 t' �3 p4 Y 1 j}V 26 C Suffolk "" /4veYUYe gyp. \ �Y<_� New JOHN C. EIMERS LAND SURVEYOR [YAT�YANPIP�, YYOQM.ItY.lepl Ni11tN0.Ad➢ ]B-OMIYl6e ' Lb•Y, E • N V I R O N M E N � T A 10 R • Y F 'b Phase I Environmental Site Assessment Elak Property 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of a 24.5 -acre portion of a 28.6 -acre parcel of farmland. The property is located south of Main Road (NYS Route 25) and north of New Suffolk Avenue and approximately 665 feet east of Locust Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-115-08-3.3. The 24.5 -acre portion of the subject property that the Town is purchasing the development rights to is active farmland with a small wooded area along the southeastern property boundary. The 4.1 acre reserved area consists of active farmland. A 275 -gallon above ground gasoline storage tank was observed beneath a tree at the east central portion of the property. This tank was located in a concrete containment enclosure. A cut -open plastic one (1) gallon container which was filled with oil and a filter was observed beside the concrete enclosure. An irrigation well and pump engine which was wrapped in plastic were located adjacent to the storage tank. The engine was mounted on concrete and wood blocks. A minor stain was observed on the ground on the east side of the engine. No structures, foundations, staining or stressed vegetation were observed on the subject property, except as previously noted. No Sanborn map coverage was available for the subject property. Historic aerials from 1957, 1969, 1976, 1980 and 1994 were reviewed in order to determine past uses of the property. This review revealed the property has always been farmland. The USGS Mattituck Quadrangle maps dated 1956 depicted the subject property as cleared land. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) IHWS located within one mile of the subject property and two (2) closed spill incidents located within one-half (0.5) mile of the subject property. NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSULTING n i• i L i I Etak Property, Cutchogue Phase 1 ESA In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. 1. The one (1) gallon container containing oil and a filter should be removed from the property and properly disposed of. 2. The area of minor soil staining should be examined further to determine if a reportable quantity was released, and the stained soil should be removed and properly disposed of NELSON, POPE 6 VOORHIS. LLC ENVIRONMENTAL • PLANNING • CONSULTING Page 2 of 26 FIGURE I LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale *i NA:IN 6 1 16 LLC 6�NIFY3WIENTPL � q,PNNMG � CONSULTING+ Elak Property, Cutchogue Phase I ESA e.. NORTH 1 I I I FIGURE 2 SUE MAP Elak Property, Cutchogue Phase I ESA Source: John C. Elhers, Land Surveyor Scale: I"= 325' Ir� va:xsl w+ w Yixwa: u c FNYxx YSYFNfW •H6MIVi�1INi� IN. NORTH I FIGURE 3 L WATER TABLE MAP I Elak Property, Catchogue Phase I ESA U 0 5333�.--- ." 652' 53312r,* �° 5606 5 -3 53324 F, Cdr� at&,*-16w 3 5333 4 'k Source: SCDHS Water Table Map Scale: 1 5,000' NORTH Im Will W m ImW w m- m wow w w w w m m a MI, Toxics Targeting 1 Mile Radius Map Elak Property Culchogue, NY 11935 0 118 1!4 112 1 s mom im' d isi. A m Toxics Targeting \�--------� \� 1/2 Mile Radius Map Elak Property Cutchogue,NY 11935 \ 1 >0 L S 1 1 � I Suffolk County 4 e � 1 MTBE Gasoline pp 9 Elak Property { I� ® Additive Spill r n G • ( M j Hazardou ° s I p > II Mate dal Spill 1 o Lc � � i �' (I l�\� ' __ �--- • oatlon Walerbody Minor ,X' Roads County Border Expressways r Railroad — - Tracks 1 Milo Rk RrxiiMi le nil\ Radius us 1 le Ra Ra Mile — — u Rxiius Radius J� 12 0 1116 1m 114 112 Dislance In Miles In Mo IW Ow 9111111111111f, 1111111iffir WMEw- N .. mi- 0 - Toxics Targeting \\ a _ 1/4 Mile Radius Map <` Elak Property Cutchogue,NY 11935 II N a pY r I e 0 W f S yry l� ac Suffolk County d l � r y Elak Property u n '% t Chemical Storage ® Hazardous Waste Transp. p Facility Generator, w Toxic Air Release Release Y I p Wastewater 'J Enforcernent Dockel Facility Discharge Petroleum Bulk Storage Facility ageF w 1 Site Location WaterOody ." ......._ Minor RoadsI _ I ra. Rod orwrdy BG.'-=" -- / I\s Expressways ays Railroad -----_ Tracks 1 Mile R 1/2 ile Radius us 1/4 Mile _ _ 1/9 Mile 1 Radius Radius 114 a 1/8 114 Distance in Milas m m 4p M M i ft M i % Wi- it 1W i i. i' & M' \ \ Toxics Targeting �k _-' " g _ - �• _ e 1/4 Mile Closeup Map `, Elak Property • '` .a Cutchogue, NY 11935 I N ♦ I ` �y S 111\ Suffolk County �I t IJ'tf NPL, CERCLIS, NYSDEC Inactive Hazardous Waste Ytl tJ Disposal Registry or Registry Qualifying Site I II Hazanu Waste Tmater, �- MTBEGasoline � O 7 Elak Property 'i I Y Stares, Disposer Additive Spill Stow, Disposer j y Substance. Solid este CL Waste Disposal Sile ' Facility I OMajor OII Hazardous Storage Facility ' Material Spill " `� Chmnlcal Storage Hazardous Waste � "' ' 11 Facility Genomlor, TmnsP. I I �Y Toxic Air �� I 1 r Release •" Release Wast"ater Civil Enforcement \ V m Discharge *** Docket Facility yA �tl I < Petroleum Bulk Storage Facility e� I III Site 1 Location Walerbody J. _..__ Minta Roads ------ - i ,+� — — .. _ ..... alor County_ oads Border R B rd 't'�--y 11 r R \r I>�4 Expressways ... .-. NasSrY _ TRroad racks 1 Milo — — Mile Ra Radius Radius 1/4M �....... Radius RadiusMile 114 0_.............._.......__._......__._.___.___-__.._.tfa 1;4' 1 Mile Search Radprs " 1@ Mile Search Radgrs Distance in Miles "' 114 MM Search Radlus I C H E A G • OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 683 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22,2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday November 7, 2002, at 7:15 p.m., Southold Town Hall, 53095 Main Road, Southold New York as the time and place for a public hearing for the purchase of • development rights of agricultural lands for a certain parcel of property owned by John Elak. Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. C� o�OgUfFO�,�c O Oy ELIZABETH A. NEVILLE�.� �'� Town Hall, 53095 Main Road TOWN CLERK y P.O. Box 1179 • REGISTRAR OF VITAL STATISTICS T Southold, New York 11971 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER ,f. `� �Ql �a� Fax (631) 765-6145 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 683 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 22,2002: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday November 7, 2002, at 7:15 p.m., Southold Town Hall, 53095 Main Road, Southold New York as the time and place for a public hearing for the purchase of • development rights of agricultural lands for a certain parcel of property owned by John Elak. Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. C� • FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk • 0 • • 41 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday, November 7, 2002, at 7:15 p.m. Southold Town Hall, 53095 Main Road, Southold New York as the time and place for a public hearing for the Purchme of development debts of agricultural lands for a certain parcel of Property owned by John Flak Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre fame. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: October 22, 2002 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON OCTOBER 31, 2002, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following The Suffolk Timers Town Board Members Town Attorney Accounting Land Preservation Committee Department of land Preservation Elak Town Clerk's Bulletin Board • SOUTHOLD TOWN BOARD PUBLIC HEARING November 7, 2002 7:15 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS OF AGRICULTURAL LANDS OF JOHN ELAK, SCTM # 1000-115-8-3.3 Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski Absent: Councilman Craig A. Richter •COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Thursday, November 7, 2002, at 7:15 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by John Elak. Said property is identified as SCTM #1000-115-8-3.3. The property is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $25,000 (twenty-five thousand dollars) per acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. 0 Public Hearing-Elak Property 2 11/7/02 • COUNCILMAN WICKHAM: I have here a certification that it has been published as a legal in the Suffolk Times and it has also appeared on the bulletin board of the Town Clerk. I don't have any further information on this. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Good evening Supervisor Horton and members of the Town Board. I am Melissa Spiro, Land Preservation Coordinator, and I am here tonight on behalf of my Department and the Land Preservation Committee. The Elak farm is owned John Elak Sr. The farm is located on the south side of Main Road in Mattituck, west of the curve in the road, behind the Manor Hill Farm Stand, about 700' east of Locust Avenue. The property goes to the south all the way to New Suffolk Avenue. The property has over 400 feet of frontage on Main Road and over 650 feet of frontage on New Suffolk Avenue. I have two maps showing the Elak property. One is an aerial map, taken in the spring of 2001. This is the Main Road and this is Locust Avenue and New Suffolk. And outlined here in red, this is basically the Elak farm. And the other is a map that shows the location of the property and the preserved lands within the vicinity of the Elak farm. The Elak's have offered the development rights on approximately 25 acres of the 29 acre farm. An area of approximately 4 acres on the Main Road side of the property will be reserved from the sale of development rights. The reserved area will be set back from Main Road and the development rights will be sold along the Main Road frontage, except for an access area. The maps show an approximately 4 acre area for concept purposes, however, the exact location for the reserved area is still being reviewed by the Elak family and the Land Preservation Committee. As can be seen by these maps, the property is in the vicinity of many protected parcels. The Town owns the development rights on farms • across the street, and the county owns the development rights on farms to the east. In addition, the Elak farm is not far from the Downs Farm Preserve, which contains beautiful walking trails and an interpretive center. The property is located within the A -C Agricultural -Conservation Zoning District, and contains prime agricultural soils. It is included in the Town's Community Preservation Plan as a farm that should be preserved. The farm was purchased about 85 years ago by John's father, Frank Elak. Upon Frank's passing, John Sr. took over the farm. The farm has historically been planted in potatoes and vegetables. The acquisition price is 25,000 dollars per acre, which is approximately six hundred and twenty-five thousand dollars ($625,000) for the 25 acre development rights easement. The value of the purchase is supported by an appraisal. The purchase will be in accordance with Chapter 25, Agricultural Lands Preservation and Chapter 6, the Community Preservation Fund. It is likely that funding for the purchase will come from the 2% funding. The farm is included on awarded grants from both the 2002 Federal Farmland Protection Program and the New York State Department of Agriculture. Therefore it is likely that the Town will receive partial re -imbursement for the purchase from either one, or both, of these grants. I'd like to thank both the Peconic Land Trust and Suffolk County for their assistance towards preservation of this project. The Trust has been working for quite some time with the Elak family in regard to preservation options. The County was also working with the Elak family towards preservation. However, due to the fact that the Town has the potential to receive partial re -imbursement for the acquisition from the awarded grants, the County coordinated with the Town on the project so that the Town could proceed. Because of its agricultural value, its scenic value and its proximity to other existing productive farmland and preserved land, this property has a high eligibility for preservation. The Land Preservation Committee and I are unanimous in recommending this development rights acquisition as it furthers the town's goal of preservation of farmland and preservation of the rural character of the town. Thank -you. • • Public Hearing-Elak Property 3 11/7/02 SUPERVISOR HORTON: Would anyone else care to address the Town Board on this public hearing regarding this acquisition? Melissa Spiro is our Town's Preservation Coordinator and she comes before us often with acquisitions of this nature and of acquisitions of open space and I generally take this opportunity to personally thank -you. You were here at 9:20 tonight to present this to the Board and you were over in your office at 9:20 at night, often sifting through your paperwork and getting these deals done. I can't thank you enough for the effort that you put forth and I say that on behalf of the Town Board. Congratulations on another job well-done. We will close this public hearing. Elizabeth A. Neville • Southold Town Clerk 0 • • S E Q R A R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK • REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 Southold town. northfork. n et THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 743 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7,2002: WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights of a certain parcel of property of agricultural lands owned by John Elak, pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM 41000-115-8-3.3, and is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the • north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is 525,000 (twenty-five thousand dollars) per acre; be it RESOLVED that this action is classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED that the Town Board of the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further 0 • 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. • • q2Y 0" Elizabeth A. Neville Southold Town Clerk ?ROJELT LD. NUMBER 1117.20 _ SEQR Appendix C State Environ awrol Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only • kRT I—PROJECT INFORMATION (To be OO(nPleted by Applicant Of PTOJect 3pons0l) – 2. PROJE91 NAME ' Ila L- o 6 o-- —1v 3. ppOJ T"V We( .f-Uc� A. PRECISE LOCATION puce addws and road �Wwsectlwm plWdlfw Lvwm=M Uc.. /m W"m ,, yg -,P #C,.,(,, lib 16iHf01f 6661 eist '�6t il�'f4 (SeC�i•6Yt O't• /I,c.iN sc� —, (n 4 loon - 115- 5. IS pRopo3FO ACTION: 6. DEWME PROJECT BRIEFLY:_ n er-4 c-{ o><: as i t o ?u cc a 5e a� (�c tX, l e S u l as 7. AMOUNT OF LAW AFFECTM. 2S aehs ka"Y a. Wnl PROPOSED ACTION COMPLY WITH EVSSUNG ZONING OR OTHER EXISTING LAND USE RESTRICTIONS) tx ❑ No H H0. describe briefly • 9. WHAT i w TARO USE t VK,7NRY OF'Pf WAMW - - `j���-"��,��.��. ❑hMusLAal ❑(:ommadal Ly'...FaoKstrDPan space ❑Q1pM Desc,fbe: // 0 10. DOES ACTION INVOLVE A PERIMT APPROVAL. OR FUNDIM% NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE LOCAL)! Yes (+❑ No( M yes, List woeym rd pamll *,wo►al(s { �j �L �j A(}ip1[. nC1'NC 4f 14 cape -Cp yy\ �Q(jf L0.I IQ(M� 1L,���CkiAl `(�f4M LfYMC,,z 11. DOES ANY i1NCT OF THE ACTION HAVE A CURRENTLY. VAUD PERMIT OR MMIOWIL7 _ Oyes No N yes, w aymwy name and pamwappo(af t. 12. AS A RST OF WOPOSED ACTION VALL DBSTMLG PERMRIMPROVAL REQUIRE M ODWMTXW I CERTIFY THAT THE INFORMATION Pfi01R"ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Cz�i�i-�.ni,-tR � _ nate- 1��311a Z-- .- ApprWNWSP W name: If the action Is In the Coastal Area, and you are a state agOncy, complete the Coastal Assessment Form before proceeding with this assessmeift- as DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 W t PART 617.47 If yes, coordinate the review pros ,,< and use the FULL EAF. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 WcRR, PART 617-7 11 No, a negative declara[ior may Y,:u�pmeded AnoUier Involved agecy. . • COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be hmndvrttt.% H "b" . C1. Existing ala quality, surface or groundwater quality or quantity. noise levels, existing traffic patterns, solid waste production or disposal, potential ler erosion, drdknage or flooding pmbtenist Explain bdely. C2 Aesthetic agriculfu(at amhaedo91CAL historic. or other natural or cultural mo roes or conwaanity or uefgi oorgood donecteft Explain brielh No CJ. Vegetation or fauna, fish, shellfish or wildlife apectes, significant habit" or timestened Or endangered specks? Explain briefly: lUD C4. A conrmrrfuys adsti g plans «goals as officially adopted, ora charge N use or Intensity o1 use of land or other natural resoaees? Explain Warb C6. Gmwtk subsequent development, or related aetNNks likely to be Induced by tha proposed action? Explain Many- D C6. Long tam, fAOft gawk. eWrglat te,.or other Meds not identified In 01 -CS? Explain Many IV - C7. Other inPacts (Including flanges in use Of enlw * MY or type Of gmer9y)? Explain Many. N� • Yom THE Pgojor HAVE AN, IMPACT ON THE EWARONLIENTAL CHARACTERISTICS THAT CAus® THE ESTAaL1sHmiNT oF-A CEA? ❑ Yes No IS THERE, OR 1s THERE LIKELY TO m owroYERsY RELATED TO POTENTIAL ADVERSE Ewoo /aTENTAL IMPACTS? ❑ Yes No If Yes, explain beefy IT 111 -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS For each adverse effect Identified above, determine Wietller It Is substantial, large, important or otherwise Wgniffeant. Each effect slloM'be assessed M connection with Its h) Wit (LL wban or rural); (b) probabtitty-01.0opunk g. (a) dun#tion; (d► Irreversibility, (d sift scope fund M nwo*Ucla N necessary, add attachments a reference supporting materials. ¬e that ogAanaHons contain sufficient 6" to show that all rolevard adverse Impacts have i�ffl identified and adasMrM* addressed. If question D of Part II was checked yes the delenMnatlon and 60alficance must evaheate the potential knpact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box If you have Identified one or'more potentially large or significant adverse impacts which MAY . occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. 1$ Check this box if you liave-determined, based on the information and analysis.above.and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: (� Name of Lead Agency I1 )✓� Ro /unil��lSr7✓4A4brl Coefd/vl� n2 t or T Name o e O racer n Lead Agency fitTe91 Ke— Ie mxxx. • Signatwe of RespolisitAc Officer in Le / hire of RjZW(UTAt—w-RAraa— 7— Date `j 0 0 P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK • REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER n U r�L h�o�soFFot,�°oo co y� C40 at 1 • `� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 187 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 27,2001: WHEREAS, it is the policy of the Town Board of the Town of Southold to preserve prime agricultural soils and to protect the scenic, open space character of the Town; and WHEREAS, the Town Board on August 28, 1998, adopted a Community Preservation Project Plan in which prime agricultural parcels where listed as eligible parcels that should be protected; and WHEREAS, all of the following parcels are listed on the Community Preservation Project Plan; be it therefore RESOLVED that the Town Board is considering the purchase of the following properties: Robert Schreiber SCTM# 1000-95-1-4 Charles Simon Estate SCTM# 1000-86-1-10.9 John Elak SCTM# 1000-115-8-3.3 Ruth Pollio as Trustee SCTM# 1000-108-1-1.1 o -01 e04�& Elizabeth A. Neville Southold Town Clerk ELIZABETH A. NEVILLE TOWN CLERK • REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER P gUFF81/rCO y� G VJ Z. 1 • `g oy�01 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 744 OF 2002 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 7,2002: WHEREAS, John Elak, owner of the property know as SCTM #1000-115-8-3.3, located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck, has offered to sell the development rights on approximately 25 acres of the 29 acre farm; 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 purchase of the development rights on this property is in conformance with the Community Preservation Project Plan and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the property is in the vicinity of other farmland on which the development rights have been acquired; and WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights on the property owned by John Elak on the 7th day of November 2002, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and • Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and • WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the Development Rights of these agricultural lands, now therefore be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of agricultural lands owned by John Elak, pursuant to the provisions of Chapter 25 and Chapter 6 of the Code of the Town of Southold. Said property is identified as SCTM #1000-115-8-3.3, and is located on the south side of Main Road, approximately 665 feet east of the intersection of Main Road and Locust Avenue, and on the north side of New Suffolk Avenue, approximately 558 feet east of the intersection of New Suffolk Avenue and Locust Avenue, in Mattituck. The development rights easement comprises approximately 25 acres of the 29 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee, prior to the contract closing. The purchase price is $25,000 (twenty-five thousand dollars) per acre. The Town is eligible for grants from the 2002 Federal Farmland Protection Program and the New York State Department of Agriculture for partial purchase of this property • and part of the purchase price may be reimbursed from these agencies. Q2 s Elizabeth A. Neville Southold Town Clerk n • S T A T E M E N T • CLOSING STATEMENT JOHN ELAK to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-115-8-3.3 24.5418 acres @ $25,OOOlacre 21140 Main Road, Cutchogue (sls Main Rd & n/s New Suffolk Ave) Closing held on Monday, August 25, 2003, at 2:00 p.m. Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price: $ 613,545.00 Payable to John Elak - $306,773.00 • Payable to John Elak - $306,772.00 Expenses of Closing: Appraisal $ 1,900.00 Payable to Patrick A. Given Survey $ 4,000.00 Payable to John C. Ehlers Land Surveyor Environmental Report $ 1,500.00 Payable to Nelson, Pope & Voorhis • Title Report $ 3,206.00 Payable to Stewart Title Insurance Company Title policy $ 2971.00 Deed recording $ 160.00 Certified Deed $ 75.00 Title Closer $ 50.00 Payable to Mary Kolakowski Those present at Closing: • Joshua Y. Horton Southold Town Supervisor Gregory F. Yakaboski, Esq. Attorney for Town of Southold Lisa Clare Kombrink, Esq. Special Counsel for Town John Elak Seller Anne Elak Seller's spouse Abigail A. Wickham, Esq. Attorney for Seller Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Tim Caufield V -Pres, Peconic Land Trust Perry Youmans Peconic Land Trust John Sepenoski Land Preservation Committee 0 J!GIVEN S0 S PATRICK A. GIVEN, SRPA (631) 360-3464 BOX 5305 • 550 ROUTE•111 • HAUPPAUGE, N.Y. 11788-0306 FAX 360-3622 December 11, 2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Real Property of John Elak, Located South side of Main Road (SR 25), Mattituck, NY S.C.T.M.. #1000-115-8-3.3 $1,900.00 Appraisal #2000303 JOHN C. EHLERS LAND SURVEYOR 6 East Main Street Riverhead, NY 11901 1 Phone: 631-369.8288 Fax: 631-369-8287 sill To Town or Southold Town Hall Southold, N.Y. 11971 ATTN Melissa Your Client John Elak Date of Service Description 12/4/2002 Current survey of property described above and owned by John Elak Invoice Date Involce # 12141002 21430 REV SCTM# 1000-1158.3 Total Balance Due My Job # 2002-320 Amount 4,000.00 Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Greg YakabosE Property: 03213 Project: VA01219 Elak Property Manager: McGinn, Steven Invoice #: 1937 Invoice Date: August 26, 2003 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount ,$1,500,00 Contract Dated: June 16, 2003 Contract Item # 1: Phase I Enviromental Site Assessment Professional Services for this Period: 6/29 thru 7/08/2003 Contract Amount: $1,500.00 Percent Complete: 100.00% Fee Earned: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1,500.00 • *** Total Project Invoice Amount $1,500.00 Ad invoices are due net 30 days. A late charge of I % per month will be added to any unpaid balance after 30 days. Please make all checks payable to NELSON POPE &VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS 0 ........................................: STE WART TITLE INSURANCE COMPANY 125 BAYLIS ROAD,SUITE 201 MELVILLE NY11747 Phone: (631)501-9615 Fax: (631)501-9623 INVOICE TTLE NO.: 23-S-2309 DATE July 2, 2003 APPLICANT: Town of Southold, Office of Town Attorney CLOSING DATE: z 3 PREMISES: See note , District: 1000 ' Section: 115.00 Block: 08.00 Lot: 003.003 PURCHASER/BORROWER: Town of Southold Reference: CHARGES AMOUNT FEE INSURANCE S62tt16"U- (-o3 S9 Z 7 1- ✓ ***CLOSERS NOTE*** DEPARTMENTAL CHARGES MORTGAGE INSURANCE VARY PLEASE CALL FOR ALL MORTGAGE INSURANCE CHARGES BANKRUPTCIES - NONE 3 Day Recission I n ,rtmacL v amc ate. 1. Suryey Endorsement - 0 ENDORSEMENTS.• ENDORSEMENTS (TOTAL) A Environmental 8.1 $25.00 429 New Survey By: 13Waiver of Arbitration - $25.00.C43 1 Survey Inspection Q Variable Rate - $25.00 420 Locate Existing Survey or Order New Service Charge D Residential Morta e - $25.00 436 DEPARTMENTAL SEARCHES (TOTAL) - E) Revolving Credit - • (406) ***SEE CLOSERS NOTE*** * 402 -1 Search- (County) Survey - rFUCC (State) G Alta 9 - * 401 RECORDING FEE(s): Deed(s): t p Market Value Rider - ** 408 -mss); '�E s e c = I S cO 1 Satisfaction(s): * 10% of Straight Mortgage Premium Agreement(s): ** 10% of Strai t Owner's Premium Other: a �T µ Other: DEPARTMEN New York State Transfer Tax (usually paid by seller) a Certificate of NYC Transfer Tax OR CPF Tax (Peconic Bay) b Street Re A MORTGAGE TAX - (Mortgagor)) c Housin and 1 - (Mortgagee) d Emer enc R Other Exchange a Fire Search - ESCROW - To Hold ` - To Pay - ESCROW Service Charge ($50.00) TOTAL: TITLE CLOSED ON ITs a 3 SOCIAL SECURITY NUMBE TITLE CLOSER BUYER(s): •RECEIPTS DIRECT CHECKS: AMOUNT: STIC CHECKS: N AMOUNT: • • • R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Recorded: 09/19/2003 Number of Pages: 17 At: 01:16:30 PM TRANSFER TAX NUMBER: 03-06933 LIBER: D00012273 PAGE: 138 District: Section: Block: Lot: 1000 115.00 08.00 003.003 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $613,545.00 •Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $51.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA -STATE $50.00 NO TP -584 $5.00 NO Cert.Copies $11.05 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $177.05 TRANSFER TAX NUMBER: 03-06933 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 0 • t �,c2cr. (% • • VumWr ofpagis I� TORRENS Serial g Certificate N Prior Of. M Deed / Mortgage Instrument 4 RECORDED 2003 Seo 19 01:16:30 P11 Eduard P.Roaa:ne CLERK OF 9)FFOLK COUNTY L DM12273 P 138 DTg 03-06933 Deed / f4ortgage Tax Stamp I - Recording / Filing Stamps ovA-t.0tp /U B 1 Title Company Information , Name Title N 2. i _ _ a\ O 9 9 Suffolk County Recording & Endorsement Page This page forms part of the aUached —T ----->E E ,c)� �6vz106�r. �Zt Inaaaby: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the Township of ��a } >, o , o a w 01 SO `f `-Lo iQ In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVERT l 5 Page/Filing Fee _ Mortgage Amt. Handling 7 I. Basic Tax TP -564 7 2. Additional Tax Notation Sub Total EA -52 17 (County) �_ Sub Total Spec/Assit. EA-5217(State)Or Spec. /Add. RP.TS.A � � L v- ^Y� TOT. MTO TAR Can°' of FA. 5 04 _ _ to A Dual Town Dual County_ Held for Apportionment Affidavit • Transfer Tax Certified C oPY 11 Q 5 S(®� _ Mansion Tax _ __.- The property covtted by Ihis mortgage is or Reg. Copy will be improved by a one or two family r� Sub Total 10 5 I dwdlingonly. YES—or NO_ Other l ''1 GRAND TOTAL (� `t Q } If NO, see appropriate tax clause on page X of this instrument. 5 pgxxi Real Property Tax Service Agency Verification 6 Community Preservation Fund Dist. Section B lock Lol Consideration Amoun[00O .x00 1�g00 Op7-coy CPF Tax Due FlnitiWab Improved Vacant Landns/Discharges/Releases TD List Property Owners Mailing Addres RECORD & RETURN TO: TD rJ� SO�`�'lo Ip TD 5 --� �o9r f..A�-.. �-a-a5 ovA-t.0tp /U B 1 Title Company Information , Name Title N 2. i _ _ a\ O 9 9 Suffolk County Recording & Endorsement Page This page forms part of the aUached —T ----->E E ,c)� �6vz106�r. �Zt Inaaaby: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the Township of ��a } >, o , o a w 01 SO `f `-Lo iQ In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVERT l DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 25th day of August, 2003, BETWEEN JOHN FLAK, residing at 20730 Main Road, Mattituck, New York, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at 53095 Main Road (Route 25), Southold, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of SIX • HUNDRED THIRTEEN THOUSAND FIVE HUNDRED FORTY-FIVE ($613,545.00) U DOLLARS, lawful money of the United States and other good and valuable consideration paid by the party of the second part, DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises and any structures thereon for any purpose other than agricultural production, to the property described as follows: 1 • ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: SEE RIDER ATTACHED TOGETHER with the non-exclusive right, if any, of the parry of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are • concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein is granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the fust part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the fust part, and the heirs, legal representatives, successors and assigns of the party of the fust part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. This covenant shall run with the land in perpetuity. AND The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the fust part, and the heirs, legal `a • ' RIDER TO DEED OF DEVELOPMENT RIGHTS DATED AUGUST 25, 2003 BETWEEN JOHN FLAK and TOWN OF SOUTHOLD f4 BE N�G at a point own t� southerly the Mai a, no�a"st corner of the premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northweseterly comer of land of Dickerson; said point also marking the northwest corner of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning; RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; South 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE along land now or formerly of John and Anne Elak and along land now or formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of James F. Brush and Nancy J. Brush, Gerard Shaw and Susan Shaw and Anthony Lauro and Patricia Lauro, South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly side of New Suffolk Avenue; THENCE northwesterly and westerly along New Suffolk Avenue the following • two (2) courses and distances: North 65 degrees 10 minutes 37 seconds West, 75.12 feet; South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or formerly of Alma T. Suter; THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West, 1,721.34 feet to other land of John and Anne Elak; THENCE along said land the following two (2) courses and distances: North 83 degrees 22 minutes 44 seconds East, 125.00 feet; North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main Road (NYS Route 25); THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Magdalena Elak, dated March 28, 1979, and recorded in the Suffolk County Clerk's office on April 4, 1979, in Liber 8606, at Page 19. •' EXCEPTING THEREFROM THE FOLLOWING TWO (2) RESERVED AREAS: Reserved Area #1: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast comer of premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of land of Dickerson; said point also marking the northwest corner of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; North 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE South 02 degrees 18 minutes 57 seconds East, 25.17 feet; THENCE South 81 degrees 09 minutes 13 seconds West, 108.28 feet; THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 25.00 feet to the point or place of BEGINNING. Reserved Area #2: • ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast comer of the premises herein described; said point being 364.13 feet westerly as measured along the said southerly side of the Main Road from the northwesterly comer of land of Dickerson; from said point of beginning RUNNING THENCE southerly along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 40.00 feet; THENCE South 10 degrees 07 minutes 33 seconds East, 226.48 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 36.71 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 95.04 feet; THENCE South 04 degrees 48 minutes 39 seconds East, 535.00 feet; THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet; THENCE North 04 degrees 48 minutes 39 seconds West, 535.00 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 41.83 feet; THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 37.74 feet to the southerly side of Main Road (NYS Route 25); • THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING. • representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open lands actually used in bona fide agricultural production as defined in GML section 247 and shall remain lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. The SELLER acknowledges that it/he/she has been informed that neither the SELLER, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the property to be covered by these development rights, which shall not preclude minor soil disturbances resulting from normal plant, cultivation and harvest operations in accordance with an applicable conservation plan. A purpose of • this acquisition is to protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on the premises consists of prime/unique/important soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity. THE party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws • replacing or in furtherance of them. The underlying fee may be divided by conveyance of 3 • parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. If federal grants and/or funds are used and/or reimbursed to the Town for this acquisition, the following sub -paragraphs shall apply and shall be covenants that shall run with the land in perpetuity: 1) the underlying fee may not be divided by conveyance of parts thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Town unless each of the parcels of the property created by the proposed division or conveyance shall remain viable for agricultural production, either individually or as part of an established farming operation. 2) the United States Secretary of Agriculture shall be notified prior to such division or conveyance. • Nothing contained herein shall prohibit the sale of the underlying fee or any • portion thereof. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. TIE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so except those permitted in the course of agricultural production; (b) comply with all Federal, State and local laws and regulations; allow party of the second part and its agents reasonable access to the premises following Landowner Notification solely for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. (c) 0 • Where Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition, representatives of the United States Department of Agriculture shall also have the right to enter the property following Landowner Notification solely for monitoring conservation plan implementation. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold the United States of America and the Town of Southold and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may • arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by seller in this agreement/deed, (2) the breach or non-performance of any • covenants required by this agreement/ deed to be performed by the party of the fast part, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances not permitted herein, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of Development Rights; or (4) the acts or omissions or negligence of the SELLER. This covenant shall run with the land in perpetuity. 5 The following representations and warranties shall be binding upon SELLER and its successors and assigns, and shall inure to the benefit of PURCHASER ( and the United States of America if Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition) and its successors and assigns. Seller agrees to indemnify Purchaser ( and the United States of America. if Federal grants and/or funds are used and/or reimbursed to the PURCHASER for this acquisition) if the following representations and warranties shall prove untrue: a) The SELLER represents that the premises are agricultural land used for bona fide agricultural production as defined herein. At no time, to the SELLER'S knowledge, has the premises been used for the generation, storage, or disposal of hazardous substances, or, as a landfill or other waste disposal site. There are not • now, nor have there ever been, underground storage tanks, to the SELLER'S knowledge, on the premises. b) The SELLER represents that there are no actions, suits, claims or proceedings seeking money damages, injunctive relief, remedial action or any other remedy pending or threatened relating to a violation or non-compliance with any Environmental Law; or the disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent the same arise from the condition of the premises 0 or SELLER'S ownership or use of the premises. c) The SELLER represents that no consent or approval is needed from any governmental agency for the transfer of the development rights from SELLER to M • PURCHASER and neither the execution of this agreement, nor the closing of title, will violate any Environmental Law. The SELLER shall also indemnify the PURCHASER and United States of America as to the following: Violations of any laws and regulations which are now or which may in the future become applicable and including, but not limited to the Resource Conservation and Recovery Act, as amended, 42 U.S.C. 6901, et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251, et seq., the Comprehensive Environmental Response, Compensation and Liability Act as amended, 42 U.S.C. 9601, et seq., the Toxic Substances Control Act, as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f, et seq. (2) judgments, claims, demands, penalties or fees assessed against the United States; (3) costs, expenses and damages incurred by the United States of America, or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall run with the land in perpetuity. • The (1) Title report, (2) Environmental Site Assessment and (3) Survey shall constitute a Baseline Data Report, in order to evidence the present condition of the premises (including both natural and manmade features) so as to facilitate future monitoring and enforcement of the Development Rights. Copies of the listed documents shall remain on file with the PURCHASER and shall be made available to the SELLER. This covenant shall run with the land in perpetuity Exploration for, or development and extraction of minerals and hydrocarbons from the premises by any means is prohibited. This covenant shall run with the land in perpetuity. Recreation consistent with the purposes of this easement, including protection of soils, agricultural production and open space, is permissible. Recreational activities • that degrade or compact the soils or negatively impact the agricultural production or 7 • preservation of open space are prohibited. This covenant shall run with the land in perpetuity. The following covenants shall run with the land in perpetuity. 1) utilities- the installation of utilities on or across the conservation easement shall be prohibited except the installation of utilities shall be permitted for the use and enjoyment of the parcel only. Such utilities must be placed underground only and not negatively impact or degrade the soils, agricultural production or open space of the parcel. 2) renovation, maintenance and repairs of existing structures are not deemed to be new construction and are permitted subject to the following: the renovation, maintenance and repairs permitted may not enlarge or change the footprint or change the • primary purpose of the existing building to a non-agricultural production use. 3) new construction (including but not limited to paving and relocation of existing structures), erection, installation or placement of structures on the premises described herein is prohibited except that certain de minimus agricultural related structure(s) are permitted upon approval of the Land Preservation Committee of the Town of Southold based upon meeting the following criteria: the proposed de minimus structure shall not have an adverse impact on prime soils, open space preservation of the parcel in general, is necessary for agricultural production and is otherwise consistent with the purposes of the conservation easement which purposes include protection of prime and unique soils, protection of open lands used in bona fide agricultural production and protection of open space. 11 W • Any amendments to this Deed, shall be in writing and executed in recordable form by the SELLER and the PURCHASER. This covenant shall run with the land in M - THE following covenants shall run with the land in perpetuity and shall be deemed applicable only if federal funds are in fact received by the PARTY OF THE SECOND PART for the premises: (i) Contingent Right in the United States of America: In the event that the PARTY OF THE SECOND PART fails to enforce any of the term of this easement (or other interests in land), as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. • In the event that the PARTY OF THE SECOND PART attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) or extinguish the conservation easement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States of America, then, at the option of such Secretary, all right, title, and interest in this easement (or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation, the PARTY OF THE SECOND PART shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation. (iii) Conservation Plan • 9 • All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) conservation plan prepared by the U.S. Department of Agriculture. Natural Resources Conservation Service 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 Farmland 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. Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields will be mowed at least triennially or otherwise maintained, by the Grantor, in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems or in reversion of • significant portions of the property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. Conservation Compliance Provisions of the Conservation Plan The provisions of this section apply to the highly erodible land (`HELI) conservation compliance requirements of the Farmland Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. As required by section 1238I of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Protected 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 41 developed using the standards and specifications of the • NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on August 25, 2003. 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. In 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. If 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 Farmland Protection Program and are not intended to affect an other natural resources conservation requirements to which the Grantor may be or become subject. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART, any amendments to this Deed of Development Rights shall be authorized in writing by the United States of America. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that • 11 • chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. THE following covenants shall run with the land in perpetuity and shall be deemed applicable, only if United States funds are in fact received by the PARTY OF THE SECOND PART for the premises: 1) if this deed of development rights is ever extinguished, for any reason, then the Town and the United States and its agents are entitled compensation in an amount equal to 47.9 % of the fair market value of the • property at the time of condemnation. this percentage represents the value, at the time of purchase, of this deed of development rights in relation to fair market value of the fee and shall remain constant. The Town of Southold and the United States agree to share this compensation so as to reflect the ratio of dollars contributed by each party to the acquisition of the conservation easement. The contribution of the united states and town to the purchase of this conservation easement/development rights deed is as follows: qo-i % and59-a % respectively. The following covenants shall run with the land in perpetuity: Interpretation. "where state or local law is cited and incorporated by reference in this deed, such law shall be read into the document as if set forth in the deed itself and shall constitute a term thereof the version of the state or local law in effect at the time of deed recordation shall govern the interpretation of those incorporated terms. consequently, subsequent amendment or repeal of any • incorporated law will have no effect on the interpretation of this deed." 1t, • IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Seller: _ John Elak Purchaser: Town of Southold By_ oshua Y. Horton, Supervisor The Natural Resources Conservation Service, an agency of the United States • Government, hereby accepts and approves the foregoing development rights/conservation easement deed, and the rights conveyed therein, on behalf of the United States of • America. Print N fA R121 LylJ �l veogoat) Authorized Signatoryfort e NRCS STATE OF NEW YORK )ss: COUNTY OF SUFFOLK ) On tie Z' of ; 2003, before me personally appeared JOHN ELAK, personally known to me or &ovided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me 191 that he executed the same and that by his signature on the instrument, the individual, or • the persoxt upon behalf of which the individual acted, executed the instrument. /l n f AStGAIL A. WICK14AM Notary Public, State of New York No. 52-4642871 matified in Suffolk Coup Commission Expires Sept. 30AePQl STATE OF: NEW YORK )ss: COUNTY OF SUFFOLK ) prin On theAday of At.la o+ ; 2003, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on. the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. • \\,A Notary Public MARY KOl_AKOWSKI Notary Public, State of NY No. 01K0487006 Suffolk 01Y- (i01tN11. Expires Sept. 2, 2006 STATE OF NEW YORK ) STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, E%ARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF E% STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HERE B RTIFY THAT I HAVE COMPARED THE ANNEXED C PY OF DEED oc %U' AT PAGE j f RECORDED - D 3 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DEED AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, / I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS / � DAY OF /j t. r 200 3 CLERK 12-0156. MOM RECEIVED DEC 0 8 2003 PECONIC LAND TRUST, INC. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 10/20/2003 Number of Pages: 17 Exempt At: 08:54:55 AM TRANSFER TAX NUMBER: 03-11354 LIBER: D00012278 NO COE PAGE: 718 District: Section: Block: Lot: TP -584 1000 115.00 08.00 003.003 $0.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Deed Amount: $112,709.00 $30.00 NO Received the Following Fees For Above Instrument Edward P.Romaine County Clerk, Suffolk County Exempt Exempt Page/Filing $51.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $111.00 TRANSFER TAX NUMBER: 03-11354 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 12 Number of pages 11 RECORDED TORRENS 20173 Oct 20 08:54:55 WM Edward P.Romaine Serial N CLERK OF SUFFOLK COUNTY Certificate N L D00012278 P 718 Prior Ctf N DTS 03-11354 Deed / Mortgage Instmment 4 Page/Filing Fee Handling TP -584 Notation EA -52 17 (County) EA -5217 (State) RP.TS.A. Comm. of Ed. Affidavit Certified Copy Reg. Copy Other �T 500 Deed / Mortgage Tax Stamp Sub Total b Sub Total .7 GRAND TOTAL_ Real Property Tax ServiceAgency Verification D-7 --FS' ction B lock I Lot Stam'P 11000 115.00 1 08.00 JAM49 Initials/' 71 Satisfactions/Discharges/Releases List Property Owners RECORD & RETURN TO: PECONIC LAND TRUST, INCORPORATED 296 Hampton Road - PO Box 1776 Southampton, NY 11969 9 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. Or Spec. /Add. TOT. MTG. TAX Dual Town_ Dual County_ Held for Apportionment Transfer Tax Mansion Tax II - The property covered by this mortgagee or will be improved by a one or two family swelling only. YES_or NO_ If NO, see appropriate tax clause on page N of this instrument. Consideration Amount S CPF Tax Due $ Land TD TD g I Title Company Information Name '+ — S _ a.3 O This page forms part of the attached Conservation Easement made by: (SPECIFY TYPE OF INSTRUMENT ) John E 1 a k The promises herein is situated in SUFFOLK COUNTY, NEW YORK TO In the Township of Southold Pe onir rand Trust Trirorpniratpri In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) ,.# CONSERVATION EASEMENT TIES DEED OF CONSERVATION EASEMENT, is made on the 25" day of August, 2003 at Southampton, New York. The parties are John Elak, residing at 20730 Main Road, Mattituck, New York 11952 (herein called "Grantor'), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation, having a principal office at 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of 28.6496 -acres of certain real property located in the Agricultural Conservation (AC) zoning district of the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A attached hereto, made a part hereof, and hereinafter referred to as the "Property"; and WHEREAS, a 24.5418 -acre portion of the property herein after referred to as the Agricultural Area is subject to a deed in which the development rights were sold to the Town of Southold, said deed presently being offered to the Suffolk County Clerk's Office for recording; and WHEREAS, Grantor wishes to grant a Conservation Easement on all but a 0.2215 portion of the Property designated as the "Reserved Area" as shown on a survey made by John C. Ehlers land Surveyor, dated November 29, 2002, as amended on June 4, 2003 and June 26, so that a portion of the Property (hereinafter referred to as the "Agricultural Area", comprising 24.5418 -acres of the Property, more fully described in SCHEDULE B attached hereto) shall remain in its open and undeveloped state and be available for scenic, open space or agricultural purposes, and the remainder of the Property (hereinafter referred to as the "Development Area", comprising 3.8863 -acres of the Property, more fully described in SCHEDULE C attached hereto), may be further developed with no more than one (1) single-family residence with appurtenant structures, uses and improvements, and no more than one (1) building for a commercial agricultural operation such as but not limited to a wine processing facility and retail winery, and other appurtenant agricultural structures and improvements for agricultural uses; and WHEREAS, the Property contains soils classified as Class I and Class 11 worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is enrolled in the New York State Agricultural District #1, and the Grantor wishes to continue using the Agricultural Area in an agricultural capacity; and WHEREAS, the Property is currently planted in potatoes and com; 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 adapted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, New York State has recognized the importance of private efforts to preserve land in a scenic, natural and open condition through conservation easements by enactment of Environmental Conservation law, Section 49-0301, et.seq.; and WHEREAS, the Property in its scenic and open space condition protects and preserves the character of the Town and therefore protects and preserves the Town's resort and agricultural economy by reason of the fact 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 inherent, tangible and intangible values of the Property as an aesthetic, 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 Conservation Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantor's Warranty Grantor wan -ants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a 501(c)(3) qualified not-for- profit charitable organization under Section 170(h)(3) of the Intemal Revenue Code of 1986, (hereinafter called "the Code"), and incorporated under the Not -For -Profit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in New York State. 0.03 Purpose The parties recognize the scenic, open space and agricultural values of the Property and have the common purpose of preserving these values to preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its agricultural open space character in perpetuity for its scenic, open space and agricultural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Government Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, or open condition through conservation restrictions by enactment of Environmental Conservation Law, Article 49-0301, et. seq. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Grantee's warrant Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to. the quality and characteristics of open land that should be protected and maintained as open land, as determined by the Board of Directors at a duly constituted meeting of that Board on November 10, 2002. 0.06 Documentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condition of the Property's scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation'). This Baseline Documentation includes, but need not be limited to, a Conservation Easement Map, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condition of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist in the resolution of the controversy. 0.07 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Conservation Easement (herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 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 GIFT GRANTOR, as an absolute gift hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be Prohibited forever upon or within the Property: 3.01 Structures Except as provided in Section 4.06, the construction or placement of residential, commercial, industrial or other buildings, structures, or improvements of any kind or nature (including, but not limited to mobile homes), permanent or temporary, on, over, or under the Property, shall be prohibited. 3.02 Excavation and Removal of Materials Minin The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or conduct agricultural or conservation operations, shall be prohibited without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes of this Easement. Mineral exploitation and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management or agricultural operations without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited, without the prior written consent of Grantee, which shall be granted if that subdivision or partition is consistent with the purposes of this Easement. In no event shall any subdivision result in the creation of more than one (1) residential lot as provided in Section 4.06 hereof. 3.04 Dumoine The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used or produced in the normal course of sound agricultural practices, including fertilization and composting. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, (d) to announce Grantee's conservation easement or e) to advertise, for commercial and/or retail purposes, the business conducted or products sold on the Property. Signs shall not be more than six square feet in size, and are subject to regulatory requirements of the Town. 3.06 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; provided that 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 US Department of Agriculture's National Resource Conservation Service, or to conditions existing prior to the execution of this easement. 3.07 Utilities The creation or placement of overhead utility transmission line, utility poles or wires on the Property shall be prohibited on the Property without prior written consent of the Grantee. The creation or placement of septic systems on the Property shall be prohibited on the Agricultural Area without prior written consent of the Grantee, except for drywells, drainage, or systems used to service permitted agricultural or conservation uses. 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 or uses. 3.08 Uses The use of the Property for any residential, commercial, commercial -recreational or industrial purpose shall be prohibited except as provided herein. Residential and agricultural uses permitted in Section 4.05 and 4.06 shall not be considered commercial or industrial uses. 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the pemtitted structures or uses. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riehts 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 any further development rights that may be created through a rezoning of the Property) and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscaping Activities Grantor shall have the right of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation in accordance with sound agricultural or horticultural practices. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural activity including the raising and cultivation of crops, livestock and livestock products as the term is defined in Section 301 of the New York State Agriculture and Markets Law, provided that such activity shall be conducted in accordance with the purposes of this Easement. Accessory structures, as provided in 4.06B and C., and as may be reasonably necessary in connection with agricultural use and the maintenance on the Property of horses, sheep, beef or dairy cattle, or similar domestic livestock, may be constructed, maintained or replaced by Grantor (if on the Agricultural Area, with the prior written consent of the Grantee) and are subject to appropriate governmental approval. 4.06 Structures Grantor shall have the right to construct and maintain the following residential and non- residential structures and improvements in the Development Area.. The aggregate footprint of all structures in the Development Area shall not exceed 20% of the total square footage of the Development Area: A. Allowable Residential Improvements in the Development Area Grantor shall have the right to construct no more than one (1) single-family residence with appurtenant structures and improvements reasonable necessary to serve such residence including, without limitation, a driveway, garage, storage shed, septic system and leaching field, swimming pool, pool house, tennis court, and other family -scale athletic facilities, and any other accessory structures and/or uses permitted under the Southold Town Zoning Code, including, without limitation, an accessory apartment or bed and breakfast operation. Grantor shall have the right to remove trees, shrubs, or other vegetation reasonable necessary to construct or replace the single-family residence and appurtenant structures and improvements. Such residence, structures and improvements shall be constructed, maintained and replaced within the Development Area as described in SCHEDULE C. B. Allowable Non-residential Improvements in the Development Area (i) Grantor shall have the right to construct one (1) Agricultural commercial structure with appurtenant structures and improvements necessary to serve such agricultural commercial structure, and any other agricultural uses on the Property, together with such access roads, parking areas, loading docks, and related improvements necessary to conduct allowable agricultural and/or winery related businesses. The front -facing fagade of the main agricultural building shall not exceed 120 feet in length. (ii) Agricultural structures including but not limited to stables, bams and sheds. (iii) Any structures and improvements permitted in the Agricultural Area. (iv) Greenhouses, limited to an aggregate of 10,000 square feet, including any located on the Agricultural Area. (See Section 4.06C. vi). C. Allowable Non -Residential Improvements in the Agricultural Area Grantor shall have the right to erect and maintain the following non-residential improvements in the Agricultural Area which are necessary to and consistent with the agricultural uses as permitted in Sections 4.03, 4.05, and 4.06: (i) Agricultural structures, including but not limited to stables, bams, sheds, and silos as are necessary for the agricultural uses of the Agricultural Area, placed so that they do not materially detract from the scenic value protected by this Easement, with the prior written consent of the Grantee. (ii) Access drives to provide access to the improvements permitted by this Section 4.06, with the prior written consent of the Grantee. (iii) Temporary unpaved farm roads. (iv) Underground facilities used to supply utilities, septic systems, leaching fields, and control stormwater runoff from the improvements permitted under the terms of this paragraph B. and C. (v) Fences, including typical corral fencing for horses Placed to the extent possible so that they do not materially block the scenic view. (vi) Vineyard, orchard, nursery or fruit posts, trellises and wires. (vii) Greenhouses, limited to an aggregate of 10,000 square feet, including any located on the Development Area. (See Section 4.06B. iv), with the prior written consent of the Grantee. (viii) Temporary tunnels or crop covers not exceeding three (3) feet in height. (ix) Irrigation structures over, on and underground, including pumps, motors, motor housings, pipes and connections, and structures for the provision of fuel therefor, constructed in accordance with regulatory requirements. The maximum aggregate of the Agricultural Area that may be covered by structures and improvements shall not exceed 10 %. (exclusive of items vi, viii, & ix) D. Replacement of Structures In -Kind In the event of damage resulting from casualty to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, bulk, use, and general design to the damaged structure shall be permitted within the same general location subject to the review and written approval of Grantee if such approval was required for the structure being replaced. E. Environmental Sensitivity During Construction The use and location of any improvement permitted to be constructed hereunder shall be consistent with the conservation purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, beforetaking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.06 herein which require Grantee's approval. Grantor shall provide Grantee with complete documentation including information on the need for and use of such structures if required by the municipality, and architectural plans of any proposed structures, which are subject to Grantee's approval. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. If, after 45 days, Grantor has not received any response from Grantee to such submission, then Grantor shall notify Grantee that is has not received any response to such submission. If Grantee fails to respond to such second notice with 10 days thereafter, then Grantee shall be deemed to have approved Grantor's proposed action or request. Whenever an action by Grantor requires the approval of Grantee, (a) such approval shall not be unreasonably withheld or delayed and (b) it is understood Grantor must also obtain any required governmental approvals for the action. 4.08 Alienability Grantor shall have the right to convey, encumber or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terns of this Easement, and shall incorporate this Easement by reference, specifically setting forth 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 or subject Grantor to any liability. 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. If Grantor fails to make such payments, Grantee is authorized to make such payments after the delinquency has continued for one (1) year, (but shall have no obligation to do so) upon ten days prior written notice to Grantor, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid would have become, and shall bear interest until paid by Grantor at two percentage points over the prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, reasonable attorneys' fees, judgments or necessary expenses to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, reasonable attorneys' fees, judgments, or necessary expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to an annual inspection by appointment with Grantor, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall also have the right to enter upon and inspect the Property, upon prior notice to Grantor, more often than once per year in the event Grantee reasonably suspects a violation of the easement. Grantee shall not have the right to enter upon the Property for any ether purpose without Grantor's consent, except as provided in Section 6.03 nor to permit access upon the Property by the public. In no event would an inspection include the interior of buildings without Grantor's consent. 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 shalt 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 are 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), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terns, 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, all reasonable attorneys' fees, court costs and other necessary expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 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 have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.05 Assiznability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called `the Assignee"). As used herein: the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, and is a qualified organization within the meaning of Section 170(h)(3) of the Code, which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to carry out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.06. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.06 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in the Town of Southold or if such Town will not accept this Easement, then in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. 6.07 Extineuishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.08, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby (such difference, divided by the fair market value of the Property unencumbered by this Easement, is hereinafter referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.08 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandin This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the patties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment 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 10 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. This Easement can be terminated or modified in accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth in the Introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto, or Section 170(h) of the Code governing "qualified conservation contributions". 7.03 Severabilit 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. OXI!- kNrT J_: 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 7.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York Law applicable to deeds and conservation 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 Interoretation 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. 11 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. 12 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: BY: y Joh lak (Grantor) ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST, INCORPORATED(Gmntee) BY: Ti a r d Vice en STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 25' day of August in the year 2003 before me, the undersigned, personally appeared John Elak , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary ublic ,Noo- 52 6421887/ Commmton Ett fires 0uWSuffSept, 3l%—Oa STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 25`s day of August in the year 2003 before me, the undersigned, personally appeared Timothy J. Canfield, personally known to me or proved to me on the basi_ satisfactory evidence to be the individual whose name is subscribed to the within instrument acrd acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. MARY KOLAKOWSKI Notary Public _ INIMY Pubk State of My NO. 01KO487008 Sattoie OV Comm. Expires Sept, 2. iia SCHEDULE A: Metes and Bounds Description of the Property SCHEDULE B: Metes and Bounds Description of the Agricultural Area SCHEDULE C: Metes and Bounds Description of the Development Area 13 SCHEDULE "An -- - AMENDED 8/192003 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast coma of the premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of laud of Dickerson; said point also marling the northwest coma of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; North 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE along land now or formerly of John and Anne Elak and along land now or formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of James'. .. Brash and Nancy J. Brash, Gerard Shaw and Susan Shaw and Anthony Laum and Patricia Lauro, q South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly side of New Suffolk Avenue; THENCE northwesterly and westerly along New Suffolk Avenue the following two (2) courses and distances: North 65 degrees 10 minutes 37 seconds West, 75.12 feet; South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or formerly of Alma T. Suter, THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West, 1,721.34 feet to other land of John and Anne Elak; THENCE along said land the following two (2) coutses and distances: North 83 degrees 22 minutes 44 seconds East, 125.00 feet; THENCE North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main Road (NYS Route 25); IIIENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING. Subject to 25 foot right of way .0--p emisea_to. the_ East.. EXCEPTING THEREFROM TBE FO •LOWING RRtiMM.AREAS Reserved Area #1: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast comer of premises herein desar[bed; said point being 175 feet westerly as measured along the said southerly aide of the Main Road Brom the northwesterly coma of land of Dickerson; said point also marking the northwest oorner of lands of John and Anne Elak as contained in dead liber 7934 page 481; from said point ofboginning RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds Bast, 276.18 feet; North 81 degrees 09 minutes 13 seconds Past, 85.21 feet; THENCE South 02 degrees 18 minutes 57 seconds Bast, 25.17 feat; THENCE South 81 degrees 09 minutes 13 seconds Wast, 108.28 feet; THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly, side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds Bast, 25.00 feet to the point or place of BEGONING. SCHEDULE`B" Agricultural Area All that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road, approximately 665 feet from the intersection of the easterly side of Locust Avenue and southerly side of Main Road (State Route 25); and running thence from said point or place of beginning along the southerly side of Main Road (State Route 25) North 83 degrees 22 minutes 44 seconds East, a distance of 153.26 feet; RUNNING THENCE through the lands of Elak the following eleven courses and distances: 1) through a curve concave to the South (right) having a radius of 25.00 feet a distance of 37.74 feet; 2) thence South 10 degrees 07 minutes 33 seconds East, a distance of 223.16 feet; 3) thence along a curve to the right having a radius of 25.00 feet, a length of 41.83 feet; 4) thence South 85 degrees 44 minutes 35 seconds West tangent to said curve, a distance of 124.54 feet; 5) thence South 04 degrees 48 minutes 39 seconds East, a distance of 535.00 feet; 6) thence North 85 degrees 44 minutes 35 seconds East, a distance of 300.00 feet; 7) thence North 04 degrees 48 minutes 39 seconds West, a distance of 535.00 feet; 8) thence South 85 degrees 44 minutes 35 seconds West, a distance of 95.04 feet to the beginning of a curve tangent to the said line; 9) thence along said curve to the right having a radius of 25 feet, a distance of 36.71 feet; 10) thence North 10 degrees 07 minutes 33 seconds West tangent to said curve a distance of 226.48 feet to the beginning of a curve tangent to said line; 11) thence along said curve to the right having a radius of 25.00 feet, a distance of 40.80 feet along the curve to the southerly line of Main Road (State Road 25); RUNNING THENCE along the previously mentioned mad, North 83 degrees 22 minutes 44 seconds East, a distance of 164.13 feet to a reserved parcel; thence along the reserved parcel, the following two courses and distances: 1) South 06 degrees 44 minutes 37 seconds East, a distance of 302.17 feet; 2) Thence North 81 degrees 09 minutes 13 seconds East, a distance of 108.28 feet to other land of John Elak; RUNNING THENCE along said land and lands of others, South 02 degrees 18 minutes 57 seconds East, a distance of 1,734.37 feet to the northerly side of New Suffolk Avenue; thence along the northerly side of New Suffolk Avenue, 65 degrees 10 minutes 37 seconds West, a distance of 75.12 feet; thence South 83 degrees I I minutes 30 seconds West, a distance of 593.63 feet to land now or formerly of Alma T. Suter; thence along said land, North 02 degrees 07 minutes 26 seconds West, a distance of 1,721.34 feet to other land of Anne Elak and John Elak; thence along said land, the following two courses and distances: 1) North 83 degrees 22 minutes 44 seconds East, a distance of 125.00 feet; 2) thence North 02 degrees 07 minutes 26 seconds West, a distance of 275.00 feet; to the point or place of beginning. Containing 24.5418 acres, more or less Re/etakdes SC®DISE "C" Development Area ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main, Road at the northeast comer of the premises herein described; said point being 364.13 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of land of Dickerson; from said point of beginning RUNNING THENCE southerly along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 40.00 feet; THENCE South 10 degrees 07 minutes 33 seconds East, 226,48 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 36.71 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 95.04 feet; THENCE South 04 degrees 48 minutes 39 seconds East, 535,00 feet; THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet, THENCE North 04 degrees 48 minutes 39 seconds West, 535.00 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 41.83 feet; THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet; 'WHENCE along the are of a curve bearing to the left having a radius of 25.00 feet, a distance of 37.74 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly side of Main Road (ISYS Route 25) North 83 degrees 22 minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING. ALTA OWNER'S POLICY - 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE INSURARNCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A; -against foss or damage; not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason iof: 1. Title to the estate or interest described in Schedule A 2. Any defect in or lien or encumbrance�on the title; therein; 3. Unmarketability of the title; 4. Lack of a right of access to and fromthe land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® (� INSURANCE COMPANY Countersigned by! F , 1%SUR ti 4opPogN. yF President a; 1987 l+J'•••.....: •r **r, Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any low, ordinance or governmental regulation (including but not limited to building and toning laws, ordinances, at regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (it) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dote 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. Z. 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 oc prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Dafads, liens, encumbrances, adverse claims or other matters: (a) creaf6d,9 fend, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became on insured under this polity; (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 orises 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. i No 0 -8831 - NY -001 (10.17-92) Stewart Title ALTA OWNER'S POLICY • • • Title No.: 23-S-2309 Date of Policy: 8/25/03 1. Name of Insured: Town of Southold 8/25/2003 3:'L�J PAUL c/0 nisn�ran SCHEDULE A Policy No.: 0-8831-277459 Amount of Insurance: $613,545.00 County: Suffolk 2. The estate or interest in the land described herein and which is covered by this policy is: Development Rights 3. Title to the estate or interest in the land is vested in: Town of Southold, who acquired title by virtue of a deed from John Elak, by deed dated and recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 115.00 Block: 08.00 Lot: 003.003 4612(7/93) Page 2 S T E W A R T TITLE INSURANCE COMPANY ALTA OWNER'S POLICY • Title No.: 23-S-2309 • is SCHEDULE B Policy No.: 0--8831-- EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs , attorney's fees or expenses) which arise by reason of: 1. Rights of tenant(s) or person(s) in possession, if any. 2. Subject to water charges, if any. 3. Commitment of Land to Continued Agricultural Production Agreements recorded in Liber 8243 page 576, Liber 8435 page 112 and Liber 8633 page 91. 4613(2/93 Page STEWART TITLE INSURANCE COMPANY • Stewart Title Insurance Company Title No: 23-S-2309 Policy No.: 0--8831--277459 • Schedule A Description AMENDED 8/19/2003 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast corner of the premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of land of Dickerson; said point also marking the northwest comer of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning RUNNING THENCE along said land of John and Anne Elak the following two (2) • courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; North 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE along land now or formerly of John and Anne Elak and along land now or formerly of Frances J. Bogut and John F. Bogut and along lands now or formerly of James F. Brush and Nancy J. Brush, Gerard Shaw and Susan Shaw and Anthony Lauro and Patricia Lauro, South 02 degrees 18 minutes 57 seconds East, 1,759.54 feet to the northerly side of New Suffolk Avenue; THENCE northwesterly and westerly along New Suffolk Avenue the following two (2) courses and distances: North 65 degrees 10 minutes 37 seconds West, 75.12 feet; South 83 degrees 11 minutes 30 seconds West, 593.63 feet to land now or formerly of Alma T. Suter; THENCE northwesterly along said land North 02 degrees 07 minutes 26 seconds West, 1,721.34 feet to other land of John and Anne Elak; THENCE along said land the following two (2) courses and distances: North 83 degrees 22 minutes 44 seconds East, 125.00 feet; North 02 degrees 07 minutes 26 seconds West, 275.00 feet to the southerly side of Main Road • (NYS Route 25); • THENCE easterly along said southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 422.54 feet to the point or place of BEGINNING. EXCEPTING THEREFROM THE FOLLOWING TWO (2) RESERVED AREAS: Reserved Area #1: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast corner of the premises herein described; said point being 175 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of land of Dickerson; said point also marking the northwest corner of lands of John and Anne Elak as contained in deed Liber 7934 page 481; from said point of beginning RUNNING THENCE along said land of John and Anne Elak the following two (2) courses and distances: South 06 degrees 44 minutes 37 seconds East, 276.18 feet; North 81 degrees 09 minutes 13 seconds East, 85.21 feet; THENCE South 02 degrees 18 minutes 57 seconds East, 25.17 feet; THENCE South 81 degrees 09 minutes 13 seconds West, 108.28 feet; THENCE North 06 degrees 44 minutes 37 seconds West, 302.17 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22 • minutes 44 seconds East, 25.00 feet to the point or place of BEGINNING. Reserved Area #2: ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of the Main Road at the northeast corner of the premises herein described; said point being 364.13 feet westerly as measured along the said southerly side of the Main Road from the northwesterly corner of land of Dickerson; from said point of beginning RUNNING THENCE southerly along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 40.00 feet; THENCE South 10 degrees 07 minutes 33 seconds East, 226.48 feet; THENCE along the arc of a curve bearing to the left having a radius of 25.00 feet, a distance of 36.71 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 95.04 feet; THENCE South 04 degrees 48 minutes 39 seconds East, 535.00 feet; THENCE South 85 degrees 44 minutes 35 seconds West, 300.00 feet; THENCE North 04 degrees 48 minutes 39 seconds West, 535.00 feet; THENCE North 85 degrees 44 minutes 35 seconds East, 124.54 feet; is THENCE along the arc of a curve bearing to the left having a radius of 25,00 feet, a • distance of 41.83 feet; THENCE North 10 degrees 07 minutes 33 seconds West, 223.16 feet; THENCE along the are of a curve bearing to the left having a radius of 25.00 feet, a distance of 37.74 feet to the southerly side of Main Road (NYS Route 25); THENCE along the southerly side of Main Road (NYS Route 25) North 83 degrees 22 minutes 44 seconds East, 80.15 feet to the point or place of BEGINNING. • is • • STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: 23-S-2309 ATTACHED TO AND MADE APART OF POLICY NUMBER 0--8831-- 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when signed below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on 8/25/03 Stewart Title Insurance Company Signed by: Authorized Office or Agen Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STANDARD NEW YORK ENDORSEMENT (911193) FOR USE WITH ALTA OWNER'S POLICY (10/17192) NY -1002 STEWART TITLE INSURANCE COMPANY tom`` sua,�yo n Q 1987 ga 7� President A,/."�, ecretary YVI\YIIIVI\V /Y\Y V111 YLI\I TVI\V VV......... (continued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for in paragraphs • (b) When liability and the extent of loss or damage hos been definitely fixed in (b)(i) of (ii), the Company's obligations to the insured under this policyfor the claimed loss or accordance with these Conditions and Stipulations, the loss or damage shall be payable damage, other than the payments required to be made, shall terminate, including any within 30 days thereafter. liability or obligation to defend, prosecute or continue any litigation. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. 7. DETERMINATION, EI(IENT OF LIABILITY AND COINSURANCE. (a) The Company's Right of Subrogation. policy is a contract of indemnity against actual monetary loss or damage sustained Whenever the Company shall have settled and paid a claim under this policy, all right of •This incurred by the insured claimant who has suffered loss or damage by reason of matters subrogation shall vest in the Company unaffected by any act of the insured claimant, insured against by this policy and only to the extent herein described. The Company shall be subrogated to and be entitled to all rights and remedies which the (a) The liability of the Company under this policy shall not exceed the least of: insured claimant would have had against any person or property in respect to the claim had (i) the Amount of Insurance stated in Schedule A, or, this policy not been issued. If requested by the Company, the insured claimant shall transfer (ii) the difference between the value of the insured estate or interest as insured to the Company all rights and remedies against any person or property necessary in order to and the value of the insured estate or interest subject to the defect, lien or encumbrance ' perfect this right of subrogation. The insured claimant shall permit the Company to sue, insured against by this policy. compromise or settle in the name of the insured claimant and to use the name of the insured (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is claimant in any transaction or litigation involving these rights or remedies. less than 80 percent of the value of the insured estate or interest or the full consideration paid If a payment on account of a claim does not fully cover the loss of the insured claimant, for the estate or interest, whichever is less, or if subsequent to the Date of Policy an the Company shall be subrogated to these rights and remedies in the proportion which the improvement is erected on the land which increases the value of the insured estate or interest Compony's payment bears to the whole amount of the loss. by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is If loss should result from any ad of the insured claimant, as stated above, that act shall subject to the following: not void this policy, but the Company, in that event, shall be required to pay only that pad of (i) where no subsequent improvement has been made, as to any partial loss, the any losses insured against by this policy which shall exceed the amount, if any, lost to the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Company by reason of the impairment by the insured claimant of the Company's right of Date of Policy bears to the total value of the insured estate or interest at Date of Policy, or subrogation. (ii) where a subsequent improvement has been made, as to any partial loss, the (b) The Compatph Rights Against Non-insured Obligors. Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of The Companys right of subrogation against non-insured obligors shall exist and shall Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in include, without limitation, the rights of the insured to indemnities, guaranties, other policies Schedule A and the amount expended for the improvement. of insurance or bonds, notwithstanding any terms or conditions contained in those The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for instruments which provide for subrogation rights by reason of this policy. which the Company is liable under this policy, and shall only apply to that portion of any loss 14. ARBITRATION which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Unless prohibited by applicable law, either the Company or the insured may demand (c) The Company will pay only those costs, attorneys fees and expenses incurred in arbitration pursuant to the Tilde Insurance Arbitration Rules of the American Arbitration accordance with Section 4 of these Conditions and Stipulations. Association. Arbitrable matters may include, but are not limited to, any controversy or claim 8. APPORTIONMENT. between the Company and the insured arising out of or relating to this policy, any service of If the land described in Schedule A consists of two or more parcels which are not used as the Company in connection with its issuance or the breach of a policy provision or other wright site, and a loss is established affecting one or more of the parcels but not all, the loss obligation. All arbitrable matters, when the Amount of Insurance is $1,000,000 or less shall all be computed and settled on a pro rata basis as if the amount of insurance under this be arbitrated at the option of either the Company or the insured. All arbitrable matters when policy was divided pro into as to the value on Date of Policy of each separate parcel to the the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or by both the Company and the insured. Arbitration pursuant to this policy and under the Rules value has otherwise been agreed upon as to each parcel by the Company and the insured at in effect on the date the demand for arbitration is made or, at the option of the insured, the the time of the issuance of this policy and shown by an express statement or by an Rules in effect at Date of Policy shall be binding upon the parties. The award may include endorsement attached to this policy. attorneys' fees only if the laws of the state in which the land is located permit a court to 9. LIMITATION OF LIABILITY. award attorneys' fees to a prevailing party. Judgment upon the award rendered by the (a) If the Company establishes the title, or removes the alleged defect, lien or Arbitrotor(s) may be entered in any court having jurisdiction thereof. encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of The law of the situs of the land shall apply to an arbitration under the Title Insurance unmarketability, of fitie, all as insured, in a reasonably diligent manner by any method, Arbitration Rules. including litigation and the completion of any appeals therefrom, it shall ha4e fully performed A copy of the Rules may be obtained from the Company upon request. its obligations with respect to that matter and shall not be liable for any loss or damage 1 S. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. mused thereby. (a) This policy together with all endorsements, if any, attached hereto by the Company (b) In the event of any litigation, including litigation by the Company or with the is the entire policy and contract between the insured and the Company. In interpreting any Companys consent, the Company shall have no liability for loss at damage until there has provision of this policy, this policy shall be construed as a whole. beena fi I determination by a court of competent jurisdiction, and disposition of all appeals (b) Any claim of loss or damage, whether or not based on negligence, and which arises therchain se to the title as insured. out of the status of the tide to the estate or interest covered hereby or by any action asserting (c) The �pany shall not be liable for loss or damage to any insured for liability such claim, shall be restricted to this policy. voluntarily assumed by tthhe insured in settling any claim or suit without the prior written (c) No amendment of or endorsement to this policy can he made except by a writing consent of the Company. — endorsed hereon or attached hereto signed by either the President, a vice President, the 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION Of LIABILITY. Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. All payments under this policy, except payments" mode for cash; attorneys' fees and 16. SEVERABILITY. expenses, shall reduce the amount of the insurance pro tanto. In the event any provision of the policy is held invalid or unenforceable under applicable 11. LIABILITY NONCUMULATIVE. law, the policy shall be deemed not to include that provision and all other provisions shall It is expressly understood that the amount of insurance under this policy shall be reduced remain in full force and effect. by any amount the Company may pay under any policy insuring a mortgage to which 17. NOTICES, WHERE SENT. exception is taken in Schedule B or to which the insured has agreed, assumed, or taken All notices required to be given the Company and any statement in writing required to be bject,'or which is hereafter executed by an insured and which is a charge or lien on the & furnished the Company shall include the number of this policy and shall be addressed to the estate or interest described or referred to in Schedule A, and the amount so paid shall be Company of 300 East 42nd Street, Newyork Newyork 10017. deemed a payment under this policy to the insured owner. 12. PAYMENT OF IHSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been last or destroyed, in which case proof of loss or STEWART TITLE destruction shall be furnished to the satisfaction of the Company. INSURANCE COMPANY • • • N Y S M K T S Vil A I v E 0 0 E F�-I LJ • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 24.5418 acres of active farmland and/or —0- acres of non-{ f -he [�t V21c+�nlQv C r �rfS ('0111d farmland, situated at Suffolk County Tax Map No. 1000-115-8-3.3,4hatlis 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, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Laws Lv A I^csP�zci rents o»1� Project Sponsor TOWN OF SOUTHOLD By: 7 r--- oshua Y. orlon, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) Landowner 2LJL hn Elak 20730 Main Road Mattituck, NY 11952 On the 25th day of August, 2003, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF • SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK MARY KOLAKOWSKI Notary Public, State of NY No. 01KO48700t; Suffolk Cty. Comm. Expires Sept. 2 20M On the 25th day of August, 2003, before me personally appeared JOHN ELAK, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the • individual acted, executed the instrument. ABIGAIL A. W ICKHAM Notary No.162sIateo7tNow York Qualified in Suffolk CountV Commission Expires Sept. 30, a3 0 • • • G R A N T • • REOUEST FOR ADVANCE OR REIMBURSEMENT CCC and USDA-NRCS 6. EMPLOYER IDENTIFICATION 7. REOIPIENPS ACCOUNT NUA NUMBER OR IDENTIFYING NUMBER 9. RECIPIENT ORGANIZATION ' Nem' (Town of Southold Neat 53095 Route 25 .n( alntl I CITr But' PO Box 1179 ..r imr ..,Southold, NY 11971-0959 11. COMPUTATION Od.AMO1INT Op wed by Office of Management and PAGE o at, No. 80—RO183 1 bel laza 2. BASIS 01 OF ❑ ADVANCE ® MENT UR54 ❑ CAEN I Request #2 a. PERIOD COVERED BY THIS REQUEST FROM (max A, 4v. v..r) 0 tm.n1M v. ve.rl 5/30/03 8/25/03 I0. PAYEE (WAen MuA 4 la a mnl Ia.ran. Lbs Ile. I) Nem, Town of Southold N..s.v nr Be ... I I 1 ALIENNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made during period covered by the advance $ PROGRAMS/FUNCTIONS/ACTIVITIES ► PPp e. Amount requested (Line a.ninu, line b) TOTAL a. Total Dmgrem (Aa a data) SIGNATURE AUTH OmZEO CERTIFYING Of FICIAL lull. stodate 8 8/25/03 *13,545.00 s s $ b. Leas: Cumulative program Income q all outlays were made In accordance c. Not grogram outlays (Lina a minus 6.13,545.00 Nlth the grant conditions or other agree- TY OR PRINTED NAME O TI TL d. Estimated net cash outlays for advance IT artend that payment Is due end hes not Joshua Y. Horton CODE. NUMBER. EXTENSION) period a. Total (SU. of linead&d) 613,545.00 f. Non -Federal share of amount on line a 330, 694.55 C. Federal share of amount on line a 282, 850.45 h. Federal payments previously requested I. Federal share now requested (Line 1, 2$2,$50.45 minus line h) 2$2,850.45 I. Advances required by month, when request. 1st month ed by Federal grantor agency for use In mak- Ing preschaduled ad- 2nd month vances 3rd month ALIENNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made during period covered by the advance $ b. Les,: Estimated balance or Federal cash on hand as or beginning of advance period e. Amount requested (Line a.ninu, line b) $ 13. CERTIFICATION SIGNATURE AUTH OmZEO CERTIFYING Of FICIAL DATE REQUEST certify that to the best of my knowledge 000, i SUBMITTED and belief the data above are correct and '.het q all outlays were made In accordance / ti I Nlth the grant conditions or other agree- TY OR PRINTED NAME O TI TL TELEPHONE (AREA IT artend that payment Is due end hes not Joshua Y. Horton CODE. NUMBER. EXTENSION) Man previously requested. Supervisor (631) 765-18 This apace for agency use 270-102 E Message Spiro, Melissa From: Marilyn Stephenson [marilyn.stephenson@ny.usda.gov] Sent: Thursday, October 23, 2003 4:04 PM To: 'Spiro, Melissa' Subject: FW: Payments For Your information. Marilyn Stephenson -----Original Message ----- From: karen.ninemire [mailto:karen.ninemire@ny.usda.gov] Sent: Thursday, October 23, 2003 3:07 PM To: Marilyn.stephenson@ny.usda.gov Subject: Payments *�ICLk- Page 1 of I This is to inform you that a payment was made on 10/17/03 in the amount of $282,850.45 to Town of Southold for FPP. • If you have any questions, please contact me. KAREN E. NINEMIRE Budget Technician Phone(315)477-6516 FAX (315) 477-6560 0 r, • R E C O R D S MELISSA A. SPIRO *-AND PRESERVATION COORDINATORGO ae h�oSUFFOI/rco COG y2 �ol � Sao Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax(631)765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD TO: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing John Cushman FROM: Melissa Spiro, Land Preservation Coordinator Farmland Development Rights Easement Acquisition Flak Property SCTM# 1000-115-8-3.3 DATE: August 28, 2003 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISC: • Encl. SCTM# 1000-115-8-3.3 John Elak Town closed on development rights easement on 8/25/03. $613,545 ($25,000 per acre) 24.5418 acres The development rights easement was acquired with Community Preservation (2%) funds. This purchase is eligible for federal funding from an awarded grant from the USDA Natural Resources Conservation Service. The Town will receive a re- imbursement of $282,850 from NRCS. The development rights were purchased on 24.5418 acres of the 28.6496 acre parcel. The reserved area (3.8863 acres) remains part of the 28.6496 acre parcel. The location of the reserved area is shown on the attached survey. After the Town's purchase of the development rights, the Elak's entered into an additional conservation easement with the Peconic Land Trust on both the PDR land and the reserved area. N W*E 5 New -mss. JOHN C. EHLERS LAND SURVEY 6ElRMM>TlBI' N.Ye.11!'.Ma h • • '1 ,I'_�JJ .� ti File i v. Tuolbar Help 115.-B-3.5 473009 Southold Active WS':1 School Mattituck School Elak, Anne -M Roll Year 2008 Next Yr Land rights Land,A :3,100 21140 Route 25 Land Size: 24.54 acres TotalAV: 3,100 Owner Total. 3 Taxable Value -- Miscellaneous Name: Anne M'Elak Coi.rrdy 100 Book: 12471 A.ddlAddr Muni 100 Page: 423 Street: 20730 Route 25 School: 100 Mortg. PO Box: Bank: City: Mattituck, NY Zip: 11952- Schl 9fler Star: 100 Acct No: B Sale Total 1 Site 1 of 1 Land 0 of 0 Book Page Sale Date Sale Prioe Ovdner Pipc.ls: Land rights 12471 423 03123106 I Elak, Anne M NL,hd Cd:0 'Sev,er Water Utilities: Exemption Total: 1 Term Oran Building Total: 0 Code Amount Yoar Pct 41720 AG DIST 3.000 0 0 .Special District Total. 3 Value! IMprovement 'Total: 0 Code Units Pct Type hove Tax Type Narrie Diml Dim2 SQFT Yr Built FD029 Cutchogue FC- 00 00 .00 PK090 Cutch -New Sir .00 .00 .00 Double. dirk to open o kndo! l File View Toolbar Help Ila INR30 14 4 ► ►1 41720AGDIST 3.UDu'U It Special District Total. 3 Value/ Impjr vcment Total: Q Code Units Pct Type Move TaR Type NameDimt 1?im2 SQFT rBuilE; FD029 Cutchogue FC .00 `i 00 .00 PK090 Cutch New St -00 00 :00 . • Prints the screen -�„ Stark kg, Inbox - Microsoft outlook w RPS Version 4 - [Snap... KI IVT. r;erro , J RD• }'° .cNl GREENPORT " '2 , C FJ O b qT 5 E to P 13.2 3.3 —6V — 16.UIc1 3 � 19.0241,1 9 o: _ A r F ELAK ,,.W 1 rr r r \ L}Alcl 6 m. B 0 O 0 r l] © 1 V.DA g zs.um� zoos Suffolk County Tax Map Book M1M1 • O C] a M1 24 ° 20A `^'t tJAlcl \ d 29 '. 241,1 _ vc �\ zalR [¢E IE o zu t}.1 21 , _ 163A(c) O - n14 "sie �z� of zrs 9 " } S.6A10 ll i z 30 1. s , SUFFOLK q.xs ' ' pe o P n 26 1 ' zue. e ' eo 25 2Plcl1 C� A 11.18 2 i P •. l pplc 1, 2 a, 3 0 4 } 12P1d 1 ti 12 R. 6 Np . -Q„ 6 2}' l o n 20 6 , 1l llcl 9 ll 1 0 0 p� 6 ,� l9 _ 6 •" r�22 Ylp 10 6 l l0 l .:r 0 11p' ++ 1q 19 ry ll s e 11 .. 10 }JBL f e _a l6' 10 46.1 19 N 10 15 'i 11 l6 F. •o 1, l l 0 4] 10cl 6 n 15 _ 12 10 }124\ m> 1 a'�l4PZG' c0, x ae ll 1 l ♦ o, 15 1} ll ; 9 e U _ :.. 1115 aw Sl2 a 1Y 1] =10, - %NW 13241 � ll p OR. FOR FCL N9. .p1. .. ❑ _ SEE SEC. NO. 121-03-026 z (1NE M1P ,� e t5 [�.1 16 iz a L6 1\l llp 00.• •3 4zv HOLE CTICN NO ti,a l 11 1 6 c l Property Tcx Service Agency �' - 6.N 6E SOU THOLD E s s�➢y E Real Property F 115 a ��• LE - �� ¢a A ascan 1000 - PROPERTY MPP NYSRPS ASSESSMENT INQUIRY DATE 09/07/2004 473889 SOUTHOLD SCHOOL MATTITUCK SCHOOL ROLL SEC TAXABLE PRCLS 120 FIELD CROPS TOTAL RES SITE 115•-8-3.3 TOTAL COM SITE 21140 MAIN RD INACTIVE ACCT NO 36 OWNER & MAILING INFO===1=MISC 1======== ====== ASSESSMENT DATA WK JOHN IRS -SS I **CURRENT** RES PERCENT 30 MAIN RD 1 1 ILAND 71300 **TAXABLE** MATTITUCK NY 11952 1 BANK ITOTAL 71300 COUNTY **PRIOR** TOWN I ILAND 71300 SCHOOL I ITOTAL 71300 ==DIMENSIONS===1=====_= SALES INFORMATION ACRES 29.00 [BOOK 3 SALE DATE 00/00/00 (PAGE 00053 PR OWNER =======TOTAL EXEMPTIONS 1 _____________1== TOTAL SPECIAL DISTRICTS 3 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41720 71100 04 IFDO29 IPK090 ISW011 I F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU • • I 2 40 0 0 3 P R E S S 40 C O N F E R E N C 40 E United States Department of Agriculture • 0 n I DCS Natural Resources I v I \ Conservation Service The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 NEWS FOR IMMEDIATE RELEASE Contact: Joseph R DelV"ehio, State Conservationist Joshua Horton, Supervisor, Town of Southold Phone 315-477-6504 Phone 631-765-1889 Marilyn C. Stephenson, FPP Program Manager Melissa Spiro, Land Preservation Coordinator Phone 518-4314110 est. 100 Phone 631-765-5711 Town of Southold and NRCS Protect the Elak Family Farm SYRACUSE, NEW YORK (09/22/2003) - NRCS State Conservationist Joe DelVecchio announced today that the Town of Southold has used the federal Farm and Ranch Lands Protection Program (FRPP) to purchase the • development rights on the John Elak Farm, Mattituck, Suffolk County, New York DclVecchio said' NRCS is pleased to work in partnership with Town Supervisor Joshua Horton to protect Southold's prime farmland. The Farm and Ranch Lands Protection Program will enable the Town to protect the most threatened farmland, while providing the community with significant environmental and economic benefits. We support the Town's goal of protecting an additional 7,000 acres of farmland and look forward to working with the Town on future Farmland Protection Program projects." Southold Town Supervisor Josh Horton said: "This partnership has brought Southold Town money to permanently preserve invaluable farmland. I am deeply appreciative to the Elak family for keeping farming a viable business in Southold and to the federal government for helping us expand our preservation successes." The Elak Family has been farming this land for three generations. The farm is a traditional Long Island farm producing mainly truck crop vegetables. Through the Farm and Ranch Lands Protection Program, 25 acres were permanently protected from development. NRCS awarded the Town of Southold $547,000 in federal financial assistance last year in an effort to protect the most threatened farmland in their community. A portion of the federal funds were used to protect the Elak Family Farm. The Farm and Ranch Lands Protection Program allows landowners to be compensated for voluntarily limiting future development on their land. Landowners retain many property rights, according to the provisions specified in the deed of development rights. The deed of development rights restricts non-farm development and subdivisions, thereby protecting farmland from development pressure. ### • "The U.S. Deparm eat of Agriculture (USDA) prohibits discrimination in all its programs and activities on the basis ofmce, color, national origin, sex, religion, age, disability, political beliefs, sexual orientation, and marital or family status (Not all prohibited bases apply to all progams) Persons with disabilities who require alternative means for communication ofprogram information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and TDD). To file a complaint of discrimination write USDA, Director, Office of Civil Rights, Room 326-W, Whitten Building, 14th and Independence Avenue, SW, Washington, DC 20250-9410 or call (202) 720-5964 (voice or TDD). USDA is an equal opportunity provider and ertployer." 0 11 0 %,af F01/r ea JOSHUAY.HORTON CD SUPERVISOR C* ax OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD DATE: September 19, 2003 FROM: Supervisor Josh Horton SUBJECT: Elak Farm Press Conference Town Hall, 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 766-1823 Telephone (631) 765-1889 Attached is the press release regarding Southold Town's purchase of development rights on the Elak Family Farm. Press Conference will take place as follows: Date: Monday, September 22, 2003 Time: 11:30 a.m. Place Flak Family Farm Directions: The Elak farm is located on the south side of Main Road in Mattituck. From the west: Go slightly more than I mile past the Mattituck High School. The Elak farm is on the right, approximately 500 feet past the intersection of Locust Avenue and Main Road. From the east: The farm is on the left, approximately 1.25 miles west of the stop light in Cutchogue Village OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FOR IMMEDIATE RELEASE CONTACT: Supervisor Josh Horton 631-765-1889 Melissa Spiro Land Preservation Coordinator 631-765-5711 ELAK FAMILY FARM IN MATTITUCK PRESERVED SOUTHOLD, NY — The Elak Family has been farming in Mattituck for three generations. Utilizing funding provided by the federal Farm and Ranch Lands Protection • Program (FRPP), the Town of Southold was able to purchase the development rights on 24.5 acres on the John Elak Farm and protect this precious farmland forever. In October 2002, the Natural Resources Conservation Service (MRCS) awarded the Town $547,000 in federal farmland assistance in an effort to protect and preserve farmland. The FRPP offers a matching grant of 50% of the fair market value of a conservation easement. A portion of these funds were used to protect the Elak farm. "This partnership has brought Southold Town money to permanently preserve invaluable farmland," said Southold Town Supervisor Josh Horton. "I am deeply appreciative to the Elak family for keeping farming a viable business in Southold and to the federal government for helping us expand our preservation successes." According to NRCS State Conservationist Joe DelVecchio, "NRCS is pleased to work in partnership with Town Supervisor Josh Horton to protect Southold's prime farmland. The Farm and Ranch Lands Protection Program will enable the Town to protect the most threatened farmland, while providing the community with significant environmental and economic benefits. We support the Town's goal of protecting an additional 7,000 acres of farmland and look forward to working with the Town on future Farmland Protection Program projects. For more information, contact Supervisor Horton at 631-765-1889 or Land Preservation Coordinator Melissa Spiro at 631-765-5711. JOSHUA Y. HORTON p Town Hall, 53095 Route 25 • SUPERVISOR co = O P.O. Box 1179 New York 11971-0959 y Southold, Off' Fax (631) 765-1823 Telephone (631) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FOR IMMEDIATE RELEASE CONTACT: Supervisor Josh Horton 631-765-1889 Melissa Spiro Land Preservation Coordinator 631-765-5711 ELAK FAMILY FARM IN MATTITUCK PRESERVED SOUTHOLD, NY — The Elak Family has been farming in Mattituck for three generations. Utilizing funding provided by the federal Farm and Ranch Lands Protection • Program (FRPP), the Town of Southold was able to purchase the development rights on 24.5 acres on the John Elak Farm and protect this precious farmland forever. In October 2002, the Natural Resources Conservation Service (MRCS) awarded the Town $547,000 in federal farmland assistance in an effort to protect and preserve farmland. The FRPP offers a matching grant of 50% of the fair market value of a conservation easement. A portion of these funds were used to protect the Elak farm. "This partnership has brought Southold Town money to permanently preserve invaluable farmland," said Southold Town Supervisor Josh Horton. "I am deeply appreciative to the Elak family for keeping farming a viable business in Southold and to the federal government for helping us expand our preservation successes." According to NRCS State Conservationist Joe DelVecchio, "NRCS is pleased to work in partnership with Town Supervisor Josh Horton to protect Southold's prime farmland. The Farm and Ranch Lands Protection Program will enable the Town to protect the most threatened farmland, while providing the community with significant environmental and economic benefits. We support the Town's goal of protecting an additional 7,000 acres of farmland and look forward to working with the Town on future Farmland Protection Program projects. For more information, contact Supervisor Horton at 631-765-1889 or Land Preservation Coordinator Melissa Spiro at 631-765-5711. 6 Y &A u N 1 J C W L _V O N E Y • • SURVEY OF PROPERTY SITUATE: MATTITTUCK TOWN: 5OUTHOLD SUFFOLK COUNTY, NY SURVEYED II -29-02, AMENDED 06-04-03,06-26-03 SUFFOLK COUNTY TAX u 1000-115-8-3.3 CERTIDP® TO: TOWN OF SoirmoL➢D STEWART TTTLF INSURANCE COLPANY TMB 023-42309 SOHN MAR JUL 14 2003 NOTES. ■ MONUMENT FOUND o PIPE FOUND AREA = 1,241,978 S.F. or 28.6496 ACRES 6RAPHIG SGALE I"=100' Irb 665`1 r Wan UI >Z pump 3F N GC p - O N� N3 �N G State Route 25 30' � I Nrn �rn A_ c' Tl a ND In rn rn\ lP \`1sCb. N8,5°44'35"E 95.04' N 0 Z A D A A 9 U rn RESERVED AREA 169,28 8 5F OR 3.8863 AGREE Area of Proposed Conveyance of Development RIgh24 5418 AGRE5 Or 1 069�042Of S 5F. old dl'l n5' I I I I11 I I UI lP N O N O p - O Area of Proposed Conveyance of Development RIgh24 5418 AGRE5 Or 1 069�042Of S 5F. old dl'l n5' I I I I11 I I I I I 1 II I 183 0 Avenue 71—o f� .dW. ��� an�1a JOHN O. EH➢LERS LAD SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fe 369-8287 REF:\\Hp semer\d\PROS\02-320.pro • • C 2 0 0 1 A E R I A L M A P R�f,< n�a Ym L x� i.$ F y yY LJVWIJV ?M.i n @@@ '41;A4'r ^Oe \ K� John Elk a rte. t MC W ,t w, SCTM# 1000-115.-8-3.3 Approximately 25 Acres 4 ` 9 • n .x +a 0 vah- CA 02, I County De - elopment Rights b 4 Y, a t e F R�f,< n�a Ym L x� i.$ F y yY LJVWIJV ?M.i n @@@ '41;A4'r ^Oe \ K� John Elk a rte. t MC W ,t w, SCTM# 1000-115.-8-3.3 Approximately 25 Acres 4 ` 9 • n .x +a 0 vah- CA 02, I County De - elopment Rights F x r 4 r y y„ y • • '1 Ilk - 0 y ; i �.. r¢ e�'1•wf �1 a � # h �r b 4 Y, a t F x r 4 r y y„ y • • '1 Ilk - 0 y ; i �.. r¢ e�'1•wf �1 a � # h �r 4 Y, a t e v D • C Vr .�` } fifi , d' P Town Purchase of Development Rights Map Prepared by Town of Southold GIS September 18, 2003 Aerial Photographs from Spring 2001 SUXOIk County Real Fopwly Tar SeMce Agency GIS Bexmap COPVRIGM iN2, CourR/NSUNOIk, N Y.