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HomeMy WebLinkAboutHarbes, Ed1000-112-1-7.5 & 7.6 (f/k/a 1000-112-1-p/o 7) Baseline Documentation Premises: 715 Sound Avenue Mattituck, New York 30.54 acres Development Rights Easement EDWARD W. HARBES III to TOWN OF SOUTHOLD Deed dated April 29, 2004 Recorded August 3, 2004 Suffolk County Clerk - Liber D00012334, Page 644 SCTM #: Premises: 1000-112-1-7.5 & 7.6 (f/k/a 1000-112-1-p/o 7) 715 Sound Avenue Hamlet: Mattituck Purchase Price: Funding: $909,300.00 (30.31 buildable acres $30,000/acre) Agricultural Land Capital Funds and grant from NYS Ag & Markets ($689,549.00) CPF Project Plan: Yes Total Parcel Acreage: Development Rights: 42.376 acres 30.54 easement acres (includes 0.23 wetlands excluded from purchase price) Reserved Area: 11.828 acres Zoned: A-C Existing Improvements: In April 2004 - None on easement area DESCRIPTION LAND The subject is a parcel of land having an area of 31.00+ acres. It is part of a larger parcel which has an area of 42.38_+ acres. We have been instructed to exclude two areas totaling 11.28_+ acres (3.0_+ acres at the northerly end, and 8.28_+ acres at the southerly end). We have'not'been furnished a survey depicting the actual dimensions of the subject area. We have however, been furnished rough sketches and dimensions of the excluded areas. Based on these sketches and dimensions from the Suffolk County tax map, the approximate dimensions of the subject area are described as follows: The subject has an irregular but usable shape with a southerly border of 360_+'; an irregular westerly border which runs northerly 1,076_+', then westedy 336_+', then northerly 1,662_+'; a northerly border of 582_'; an easterly border of 2,676_+'. We are basing our appraisal upon the subject retaining sufficient access (50' wide right of way) over the excluded area to Sound Avenue to permit development of a residential subdivision. There is a paved, private right of way (Hallock Lane) running along the subject's eastedy border which provides access to properties located to the north. This is somewhat common of large acreage properties in the subject area, particularly those which can provide access to water front building lots as the subject does. Utilities (electric and telephone) are available along Sound Avenue which is a two way, two lane, publicly maintained macadam paved road. in the subject area. Public water is not available GIVEN 19 DESCRIPTION (CONTINUED) LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a gene,rally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties. IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant land in use for agricultural purposes. GIVEN 2o P R 0 P E R T Y V I S U A L S Map PrePared by Town of Southold GIS September 29, 2003 Aerial Photographs Taken From Spring 2001 Flight Suffolk County Real Property Tax Service Agency GIS Basemap COPYRIGHT 2003, County of Suffolk, N.Y. HARBES 112-1-7 Spring 2001 aerial Harbes Farm SCTM #1000-112-1-7 30.54 acres dev rights Premises: 417 Sound Ave Tax Map Location 68 R4~:80 MATTFrlJCK t t R~-80 LIO Zoning Map ] 69 I I I I I I SUBJECT PHOTOGRAPHS View of Subject - Facing Northerly View of Subject - Facing Southerly ~GIVEN I I I I I I I I I I I ! I SUBJECT PHOTOGRAPHS View southerly along Hallock Lane (Private ROW) View Easterly Along Sound Avenue ~GIVEN ~? E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Harbes Property 1.._~0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The approximately 30.54-acre parcel of agricultural property is located on the north side of Sound Avenue, approximately 427 feet west of Aldrich Road, and is part of a larger parcel of approximately 42 acres. The property is more particularly described as Suffolk County Tax Map # 1000-112-01- 7. This report pertains to the approximately 30.54-acre agricultural portion of the subject property only. At the time of the inspection the site consisted of tilled farmland. Dunrzg the growing season a mix of corn, pumpkins, grapes and other crops are grown on the prop,Srty. A wooded wetland area is located along the west central boundary of the site. The wetl~ind area is designated as MT-28 on the NYSDEC wetlands map. An irrigation well, pump engine and 275 gallon, above ground, fuel oil storage tank were noted along the eastern property boundary. No staining, leaks or stressed vegetation were observed in the vicinity of the irrigation well. A pole-mounted transformer is present south of the irrigation well on the eastern side of the property. No building footprints or evidence of former buildings were observed on the property. No staining, residue, odors, or stressed vegetation of any kind was observed on the property. No Sanborn map coverage was available for the subject property. Aerial photographs from 1938, 1957, 1969, 1976, 1980, 1994 and 2001 were reviewed in order to determine if any prior uses occupied the site. This review revealed the property was farmland in all of the aerial photographs. The USGS Mattituck Hills Quadrangle map dated 1947 and 1956 depicted the subject property as cleared land. An extensive government records search found no potential sources of environmental degradation on the subject property. A few Federal, State and County documented regulated sites were noted within one-half (0.5) rrfile of the site. Specifically, one (1) RCRA and three (3) PBS facilities and two (2) closed LUST incidents were noted in the vicinity of the property. Harbes Property, Mattituck Phase I ES^ In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, if the property is to be used for residential purposes in the future it is recommended that the farmed areas of the property be sampled for the presence of pesticides and metals. Page 2 of 27 FIGURE 1 LOCATION MAP Harbes Property, Mattituck Phase I ESA Source: DeLorme Street Atlas Scale: Not to Scale NORTH FIGURE 2 Harbes Property, Mattituck Phase ! ESA AERIAL PHOTOGRAPH Source: NYSGIS Orthoimagery Program, 2001 Scale: 1" = 600' NORTH + FIGURE 3 Harbes Property, Mattituck Phase I ESA WATER TABLE MAP ., ~'~-" '-~% ,., .." / ~. ~ /"t,/ / ' ,":~:' '~ !~. ~ .,' / j A~''~ ..'~ .... ~: . ~ / .,.~,-~ - v ~ ...... ~ . / .f .-~ ~ .~.,-' . ........ ...~' ....o ~ 53333 ~---'A'~A~ '-~...~..~ ...... ...X: ......... ....... ....... ..-~'~ X ~[~-' ..... ........ .<... ~,,~,,_ ~7:~' .' "~ "~ ." ~. Fl ~ .......... '"~7 "... ~' X." ,/" x, / ".,,x /'X ~ // :,., ,, y5~58~ N ,..~' "~'x 'X PECONIC BAY 30 "... Source: SCDHS Water Table Contour Map, 1999 Scale: 1" = 8,000' NORTH OVERVIEW MAP - 1165725.2s - Nelson, Pope & Voorhis LLC National Priority Ust Sites Landfill Sites Dept. Defense Sites 100-year flood zone 500-y~ar flood zone Federal Wetlands State Wetlands TARGET PROPERTY: ADDRESS: CITY/STATE/ZtP: LAT/LONG: Harbes Property CUSTOMER: Nelson, Pope & Voorhis LLC 714 Sound Avenue CONTACT: Marissa Da Breo Mattituck NY 11952 I INQUIRY#: 1165725.2s DETAIL MAP - 1165725.2s - Nelson, Pope & Voorhis LLC Target Property Sites et elevations higher ttian or equal te the target property Sites at elevations lower than the target property Coal Gasification Sites Sensitive Receptors Nstionai Priority List Sites Landfill Sites Dept. Defense Sites 0 Indian Reservations BIA Oil & Gas pipelines 100-year flood zone 500-year flood zone Federal Wetlands State Wet~ands TARGET PROPERTY: ADDRESS: CITY~TATE~IP: LAT/LONG: Harbes Property 71A Sound Avenue Ma~tuck NY 11952 40.9898/72.583z, CUSTOMER: CONTACT: INQUIRY #: ._L._..~TE: Nelson, Pope & Voorhis LLC Marissa Da Breo 1165725.2s April 06, 2004 2:00 pm PHYSICAL SETTING SOURCE MAP - 1165725.2s t (~5 i / County Boundary bta~o r Roads Corltour Lines Water Wells Public Water Supply Wells Cluster of Multiple Icons Groundwater Flow Direction Indeterminate Groundwater Flow at Locatie n Groundwater Flow Varies at Location Closest Hydrogeologi=~l Dat~ TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: Harbes Property 714 Sound Avenue Ma~tuck NY 11952 40.9898/72.5834 CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Brae INQUIRY#: 1165725.25 DATE: April 06, 2004 2:01 pm P U B L I C H E A R I N G ELIZABETH A. NEV~T,T,F, TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 276 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 23, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April 6~ 2004~ at 5:05 p.m.~ Southold Town Hall, 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Harbes Mattituck Farm~ LLC. Said property is identified as part of SCTM #1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue, in Mattituck. The development rights easement comprises approximately 31.9 acres of the 42.376 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 6~ 2004~ at 5:05 p.m.~ Southold Town Itall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lauds for a certain parcel of property owned by Harbes Mattituck Farm~ LLC. Said property is identified as part of SCTM #1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue, in Mattituck. The development rights easement comprises approximately 31.9 acres of the 42.376 acre parcel. The exact area of the development fights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: March 23, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON APRIL 1~ 2004~ AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Suffolk Times Town Board Members Town Clerk's Bulletin Board Melissa 4 Town Attorney SOUTHOLD TOWN BOARD PUBLIC HEAR1NG April 6, 2004 5:05 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF HARBES MATTITUCK FARM~ LLC, SCTM #1000-112-1-7, 714 SOUND AVENUE, MATTITUCK. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman Wilham P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 6, 2004, at 5:05 p.m., Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of properW, owned by Harbes Mattituck Farm, LLC. Said property is identified as part of SCTM #1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue, in Mattituck. The development rights easement comprises approximately 31.9 acres of the 42.376 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. I have notice that it has appeared as a legal in the local newspaper and it has appeared outside on the Town Clerk's bulletin board. That is it. SUPERVISOR HORTON: Thank you, Councilman Wickham. The floor is open to the public. April 6, 2004 2 Public Hearing-Harbes MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I am Melissa Spiro, the Land Preservation Coordinator. As noted, this is a farmland development rights easement of approximately 31 acres. The farm is on the Community Preservation Plan and also on our town's farmland inventory. The Harbes family will be reserving from the easement approximately three acres around their existing house on the north side of the property. They are also reserving about 7.5 acres along Sound Avenue from the development rights easements, that is the area that contains their farm stand and their greenhouses. The Harbes family is before the Planning Board for a minor subdivision to subdivide the farm into two farms, so once the subdivision is approved, there will be a building envelope around the existing house. It will be attached to 22 acres of preserved farmland and the other building envelope will be around the 7.5 acres I described before and that will be attached to about 8 acres of preserved farmland on the south side of the property. The Harbes family owns the adjacent farm on the lower west side of the property. The preserved Keyspan property, which everyone has been hearing about lately, is property which is about 500 acres it is adjacent to and to the west of the Harbes farm. In addition, the Town owns the development rights to about 100 acres to the east side of the Harbes farm. The Harbes have been thinking about selling their development rights for a long time and recently they decided that it is the correct time to do so now, for their purposes. I am glad that the Town's development program is here for the Harbes family and I thank them for making the commitment to preserve their farmland. Both the Land Preservation Committee and I strongly recommend that the Town proceed with this significant purchase. Thanks. SUPERVISOR HORTON: Are their other comments from the public in regard to this public heating? Yes, Ms. Norden. MELANIE NORDEN: Well, I would like to say that not only is this wonderful but you, both Ed and Monica have done such a beautiful job at creating wonderful beauty out here on the North Fork. Your farm stands are gorgeous, everything is very plentiful, it is beautiful and we can't thank you enough. SUPERVISOR HORTON: Are there other comments from the floor? (No response) We will close the hearing. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLO'vVING RESOLUTION NO. 306 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: WHEREAS, thc Town Board of thc Town of Southold wishes to purchase a development rights easement on part ora certain parcel of property of agricultural lands owned by Edward W. Harbes III., pursuant to thc provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 (2% Community Preservation Fund) of the Code of thc Town of Southold. Said property is identified as part of SCTM #1000-112-1-7. The address is 714 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue, approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue in Mattituck. The development rights easement comprises approximately 31± acres of the 42.376 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Comxnunity Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Aghculture for partial pumhase of this property and part of the purchase price may be reimbursed from that agency; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Enviromental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no sienificant imoact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENV/RON MENTAL ASSESSMENT FORM For UNLXSTED ACI/ONS Only PART I-PROJECT INFORMAl/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLZCANT/SPONSOR: So.thold Town Board ~ ~. - 12. PRO3ECTNAME: ~r0wb~. [~[O~R¢~'~it(-~ 3, PROJECT LOCATION: 4. PRECISE LOCAT/ON: (Street address and road intersections, prominent landmarks, etc, or provide map) 5. IlS PROPOSED ACT/ON: Expansion Modification 6. DESCR/BE PROJECT BR/EFLY: 7. AMOUNTOF LAND AFFECTED: INITALLY ~ t ~- a~ ULTIHATELY"',,~{~ acres · W/LL PROPOSED ACTION COMPLY W/11J EX/STING ZONI~NG OR OTHER EXZS1/NG LAND USE RESll~C1/ONS? ~ Yes~ No ifNo, deco'ibebriefty WHAT IS PRESENT LAND USE JN VXCINTrY OF PROJECT? i~ Residential~ Commercia,~ lodustda,~ Agdcd,t~Jre/~ Park/Focest/Openspace~ Descdbe: Other 101 DOES AC'I/ON INVOLVE A PERMIT APPROVAI~ OR FUNDING~ NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL 1.1. DOES ANY ASPECT OF THE AC1/ON HAVE A CURRENTLY VAL/D PERMTT OR APPROVAL? Yes~ No if yes, list agency($) and perm~approval$ 12. AS RESULT OF PROPOSED ACT'JON WiLL EX~STJNG PERMI'r/APPROVAL REQUIRE MODJFJCA'FJON? Yes [~) No I CERTIFY THAT THE INFORMATION PROVXDED ABOVE 1rS TRUE TO THE BEST OF MY KNOWLEDGE Signature Zf the action is in the Coastal Area, and'you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART IZ-ENVZRONHENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 .... A. DOES ACTION EXCEED ANT TYPE ! THRESHOLD ]rN 6 NYCRR, PART 617.47 Yes~ No/£yes c~inate the re~iewprocess and use the ~ull EA? B. WZLL AC1/ON RECEIVE COORDlrNAI~D REI//EW AS PROVIDED FOR UNLISTED ACITONS IN 6 NYCRR, PART 617.67 Yes~ No If no, a negative dedarab~n may be su~nd~ by another involved agency C. COULD ACTZON RESULT ZN ANT ADVERSE EFFECTS ASSZOCT_ATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disp~l!potenUal for erosion, drainage or flooding problem? Explain briefly: C2.~.JL)Aesthetic, agricultural, archaeological, histudc or other natural or cultural resources; or community or neighborhood character? Expla)~efly: C3. V~etaUon or fauna fishes shellf~h, or wildlife spedes, significant habitats, or threatened or endangered speoes? Explain bdefly: C4. A community's existing plans or goals as officially adopted, or change in use or intensity of use of land or other natural resources? Expla~r~fly: C5. G,ro~h_, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. L~n.~. term, short term, cumulative, or other effects not identified in C1-C57 Explain boefly: C7. Ot~,~r impacts (induding changes in use of either quantity of type of energy). Explain briefly: D. WILL THE PRO3ECT HAVE AN ZHPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ "o E. TS THERE OR ZS THERE LIKELY TO BE, CONTROVERSY RELATED TO PO11;FlTIAL ADVERSE ENVZRONblENTAL Xt4PACTS? Yes~''/No 7 PART III- DETERMINATION OF $IGNZFICANC~ (To be completed by Agency) INSTRUCTIONS: For each adverse effect identffie( above, dotermifie whether it is subs?ntial, ,arge~ or oth..~se si.g.~!~..c..a.n.t..Each eff3e~i~ ~[Id. bo assessed in connection with its (a) setting (i.e. urban or rural); probabdlty of eccomng; (c) duration; (dO lrreversmi,ty, (.e) geograpn c pe, and (f~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part II was checked yes, the determination and signif~ance must evaluate the potential impact of the proposed action o~ 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 direct~ to the FULL ENV[RONMETNAL ASSESSMENT FORM and/or prepare a positive declaration. Check th s box if you have determined based on the informabon and anatysis above and any supporting documentation, that the proposed action WILL NOT mselt in any skjnificant adverse environmental impacts AND provide on attachments as necessary, the reasons~.~ this determinatJon: / S[g~atur~'of l[aspons/ble Officer in Lead Agent-' Sig,~t~m o! prepay(if differer~frcm of responslble officer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 325 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 6, 2004: WHEREAS, the Town Board of the Town of Sonthold held a public hearing on the question of the purchase ora development fights easement on agricultural lands for a certain parcel of property owned by Edward W. Harbes III, on the 6th day of Apfil, 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to bc heard; and WHEREAS, said property is identified as part of SCTM #1000-112-1-7 and 417 Sound Avenue, Mattituck, New York, and is located on the north side of Sound Avenue approximately 2,174 feet west of the intersection of Bergen Avenue and Sound Avenue in Mattituck; and WHEREAS, the development fights easement comprises approximately 31 ± acres of the 42.376 acre farm. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to over 400 acres of active farmland parcels on which the development fights have been purchased; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of property of agrleultural lands owned by Harbes Mattituek Farm~ LLC~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-112-1-7 and 714 Sound Avenue~ Mattituek~ New York~ and is located on the north side of Sound Avenue approximately 2~174 feet west of the intersection of Bergen Avenue and Sound Avenue in Mattituek. The development rights easement comprises approximately 3 lq- acres of the 42.376 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT EDWARD W. HARBES III to TOWN OF SOUTHOLD Development Rights Easement - 30.54 total PDR acres (minus .23 wetlands -- 30.31 buildable acres) Premises: 417 Sound Avenue, Mattituck SCTM #1000-112-1-p/o 7 (n/k/a SCTM #1000-112-1-7.3) Closing took place on Thursday, April 29, 2004 at 3:30 p.m., Southold Town Hall Purchase Price: Payable to William F. Farrell, As Trustee (30.31 acres @ $30,000/buildable acre) Check #75955 (4/29/04) $ 909,300.00 Expenses of Closing: Appraisal Payable to Given Associates Check #75474 (3/9/04) $ 2,200.00 Survey Payable to Stanley J. Isaksen, Jr. Check #76289 (5/4/04) $ 2,000.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #76680 (5118/04) $ 1,500.00 Title Report Payable to LandAmerica*Commonwealth Check #75957 (4~29~04) Fee insurance $ 4,149.00 Recording deed $ 200.00 $ 4,349.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #75956 (4~29~04) $ 50.00 Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Edward W. Harbes III Monica Harbes James Spiess, Esq. Karen Hagen, Esq. Melissa Spiro Melanie Doroski John Sepenoski Southold Town Supervisor Special Counsel for Town of Southoid Seller Seller's wife Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Land Preservation Committee member "'O?Ciqci5,' ':081,1,051,6(d-' &:, ]001, 0,' VENDOR 006027 WILLIAM F FARRELL,AS TRUSTEE 04/29/2004 CHECK 75955 WT~n ~ ACCOT~T P_O.~ INVOICE H2 .8686.2.000.000 042904 H3 .8660.2.600.100 042904 DESCRIPTION HARBES/TOS-30.31' HARBES/TOS-30.31 TOTAL 200, 000.00 709,300.00 909,300.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 Y ,GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 February 20, 2004 Melissa Spiro, Land* Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Harbes Mattituck Farm, LLC. S.C.T.M. #1000-112-1-7 Located Northerly side of Sound Avenue, Mattituck, NY File# 2004024 FEB 2 3 2004 DEPT. Ol: LANO PRESERVATION $2,200.00 GL108S 20 TOWN OF SOUTHOLD ** Actual · Vendor.. 007416 GIVEN, SRPA/PATRICK : : Account.. : Acct Desc Y JE Date Trx. Date Fund Account : Trx Date ..... .......................... Use Acti : Trx Amount... ,, 8/12/2003 8/12/2003 H3 .600 : Description.. ,, 8/12/2003 8/12/2003 H3 .600 : Vendor Code.. 8/12/2003 8/12/2003 H3 .600 : Vendor Name.. ., 8/26/2003 8/26/2003 A .600 : Alt Vnd.. ., 9/09/2003 9/09/2003 H3 .600 : CHECK ........ ., 9/23/2003 9/23/2003 H3 .600 : Invoice Code. ,, 11/18/2003 11/18/2003 H3 .600 : VOUCHER ...... .. 12/02/2003 12/02/2003 H3 .600 : P.O. Code .... ., 12/02/2003 12/02/2003 H3 .600 : Project Code. ,Y, 3/09/2004 3/09/2004 H3 .600 : Final Payment ,, 3/23/2004 3/23/2004 H3 .600 : 1099 Flag .... 4/06/2004 4/06/2004 H3 .600 : Fixed Asset.. 4/20/2004 4/20/2004 H3 .600 : Date Released : Date Cleared. _ : F3=Exit Select Record(s) Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-03092004-727 Line: 106 Formula: 0 : H3 .600 ACCOUNTS PAYABLE 3/09/2004 SDT 2,200.00 APPAISAL-HARBES 007416 GIVEN, SRPA/PATRICK 75474 SCNB 2004024 11753 F Liquid. 7 Y 3/09/2004 3/31/2004 F12=Cancel F21=Image 3/10/04 MATT FRM A. or Use Action Code : ........................................ : STANLEY J. ISAKSEN, JR. PROFESSIONAL LAND SURVEYOR P.O. Box 294 New Suffolk, N.Y. 11956 Topographic Surveys Title Surveys Telephone & Fax 631-734-5835 22 April 2OO4 Town of Southold Land Preservation Department C/O Miss Melissa Spiro P.O. Box 1179 Southold, N.Y. 11971 Dear Miss Spiro: Purchase of Development Rights, From Mr. Edward I-Iarbes of Property Located at Mattituck, N.Y. TM# 1000-112-01-07 The following is a bill for professional services concerning the preparation of a map as prepared for Mr. Edward Harbes III in the matter of him giving up Development Rights to the Town of Southold. Fee is for related field work, survey map preparation, consultations with the Preservation personnel, computer time, and f'mal maps supplied. Fee for the above services please remit....$2,000.00 at this time. CC: file 01 R996 Very ~onrs, ~ ~'~diesn'ur~Jre'yor APR 2 3 20O4 AMERICAN CONGRESS NEW YORK STATE ASSOC. NASSAU-SUFFOLK ON OF CIVIL ENOINEERS,INC. SURVEYING AND MAPPING PROFESSIONAL LAND SURVEYORS, INC, GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 009660 ISAKSEN, JR./STANLE JE Date Trx. Date Fund Account ............................. Begi 8/04/1998 8/04/1998 H1 .600 12/21/1999 12/21/1999 H2 .600 5/04/2004 5/04/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-05042004-354 Line: 88 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment : 1099 Flag .... : Fixed Asset.. : Date Released : Date Cleared. 5/04/2004 SDT 5/D5/04 : 2,000.00 : SURVEY/HARBES-30.54 ACRE : 009660 : ISAKSEN, JR./STANLEY J. : 76289 SCNB : 01R996 : : 12258 : : FLiquid. : 7 : Y : 5/04/2004 : 5/31/2004 : : F3=Exit F12=Cancel F21=Image : NelSon, Pope & voornts, LLU 572 Walt Whitman Road Phone: 631-427-5665 Melvllle Ny 11747 Fax: 631-427-5620 Invoice Property: 04110 Project: VA01485 Harbes Property, 714 Sound Avenue, Ma Manager: MeGrim, Steven To: Town of Southold De~t of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2435 Invoice Date: May 14, 2004 MAKE CHECKS PAYABLE TO ' NELSON POPE &VOORIIIS Invoice Amount $1,500. O0 Contract Item #1: Phase I Environmental Site Assessment Work Performed: 4/1 thru 4/21/04 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 $1,500. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR v JE Date Trx. Date Fund Account ......................... Use Acti 6/01/2004 6/01/2004 H3 .600 iYi 6/01/2004 6/01/2004 H3 .600 .. 6/15/2004 6/15/2004 H2 .600 CANNOT FORWARD. END OF FILE SCNB Disburs Inquiry by Vendor .............. Detail--GL100N .......... : W-06012004-631 Line: 261 Formula: 0 : Account.. H3 .600 :Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 6/01/2004 SDT 6/02/04 : Trx Amount... 1,500.00 : Description.. PHASE i ESA-HARBES PROP : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : Alt Vnd.. : CHECK ........ 76680 : Invoice Code. 2435 : VOUCHER ...... : P.O. Code .... 12085 : Project Code. : Final Payment F Liquid. : 1099 Flag .... 7 : Fixed Asset.. Y : Date Released 6/01/2004 : Date Cleared. : F3=Exit F12=Cancel F21=Image : ~, 00000~ Oil' VENDOR 003350 LANDAMERICA*COMMONWEALTH 04/29/2004 CHECK 75957 H3 .8660.2.600 H3 .8660.2.600 P.O.~ 100 12086 100 12086 TNV©TCR RH80040598 RH80040598 DESCRIPTION AMOUNT TITLE POLICY-HARBES 4,149.00 RECORD DEED-HARBES/TO 200.00 TOTAL 4,349.00 o,.oo "'07595¢,,' 1:021,1, o51, r=~,~.' c,~, 000001~ 0"' VENDOR 007707 KAREN HAGEN 04/29/2004 CHECK 75956 VTWn g ACCOT~T H3 .8660.2.600.100 P.O.ff INVOICE 042904 DESCRIPTION AMOUNT TITLE CLOSER-HARBES/TO 50.00 TOTAL 50.00 G R A N T I N F O R M A T I O N NYS AG & MARKETS FARMLAND IMPLEMENTATION GRANT 694?396? NOTICE: To.accessremlttanc, informationonanyoneofyourNYSpayment$, vlsllhltp$:llwwel.osc.slate.ny, uslpaY Agency Code and'Descrrpl~on Tele Inquiry No Voucher No Payee Ref. rmnce/Invoice No Ref/Inv Dali 'Paymont Amount 06000 AGRIC & Hi(TS 5).8-457-2080 10127 C800591 10/08/04 ~'~'/21~ 68~J,549,0; 10128 C500591 12/20/04 ~'El~Or_~ 310,451,0~ R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD N~m~er of Pages: 17 Receipt Number : 04-0085614 TRANSFER TAX NUMBER: 04-00175 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 112.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $909,300.00 08/03/2004 08:4~:40 ~ D00012334 644 Lot: 007.002 Received the Following Fees For Above Instrument Exempt Page/Filing $51.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Cert. Copies RPT $50.00 NO SCTM Transfer tax $0.00 NO Conun. Pres Fees Paid TRANSFER TAX NUMBER: 04-00175 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $5.00 NO $15.00 NO $50.00 NO $0.00 NO $0.00 NO $0.00 NO $186.00 Edward P.Romaine County Clerk, Suffolk County TORRENS Serial 4/ Certificate # Prior Ctf. # Deed / Mortgage InsU'ument Deed / Mortgage Tax Stamp RECORDED 2004 g~u9 03 08:48:40 Edward P.Romaine CLERK OF SUFFOLK COUNTY L D00012354 P 644 DT# 04-00175 Recording / Filing Stamps 3 I FEES Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) Comm. of Ed. 5. O0 Affidavit Certified Copy Reg. Copy Sub Total Other Grand Total RealP/ol001 04018465 1000 11200 0100 .~ff07001 Property 1000 11200 0100~07002 Agency Verification ~--~ ] Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: LISA C. KOMBRINK, ESQ. 149 Hampton Road Southampton, New York 11968 Mortgage Amt. ? :&~ ,~'Y~ ©_ 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax ~ Mansion Tax The property covered by this mortgag or will be improved by a one or family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. 5 Community Preservation Fu: Consideration Amount $ qOc]. 3( CPF Tax Due $ ,~ ~¢<L~ Improved Vacant Land lTD ~'~ 7I Title Company Information Co. Same ~ronoo~,~/~/f~ Z~I/ ~7~ Title # /~/7/ 7z9~75"~ 81 Suffolk County Recording & Endorsement Page This page forms part of the attached DEED made (SPECIFY TYPE OF INSTRUMENT) EDWARD W. HARBES III The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of S 0UTHOLD TOWN OF SOUTHOLD In the VILLAGE or HAMLET of MATT IT UCK BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING (O1 GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the Z-~'7~ day of April, 2004 at Southold, New York. The parties are Edward W. Harbes III, residing at 715 Hallock Lane, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in SCHEDULE A attached hereto, made a part hereof, and as shown on a survey dated September 20, 2001 and updated March 16, 2004 (Sheets 1 of 2 and 2 of 2), prepared by Stanley .1. Isaksen, Jr., hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section :100-30. The Property is designated as part of Suffolk County Tax Map Parcel Number 1000-112-'J.-7; consisting of 8.08 acres (proposed portion of Lot 1) and 22.46 acres (proposed portion of Lot 2), for a total of 30.54 acres, and / WHEREAS, the Pr~.;perty contains soils classified as Class I and Class II worthy of conservatiQq' 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 part of the New York State Agricultural District #7, and the Grantor wishes to continue using the Property for agriculture; and WHEREAS, the Property is currently in use for agricultural production; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, pursuant to Section 272-a of the Town Law to preserve prime agricultural soils, protect environmentally sensitive areas, to protect the scenic character of the Town and protect the Town's agricultural economy; and WHEREAS, the Property in its present condition has substantial and significant value as an agricultural resource; 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 tangible and intangible values of the Property as an agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of NZNE HUNDRED AND NINE THOUSAND-THREE HUNDRED Dollars ($909~300.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Gra'ntor's Ownership Grantor represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens except as may be set forth in Commonwealth Land Title Insurance Company Title Policy #RH80040598 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Hunicipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agriculture, open spaces and natural or scenic resources. 0.03 Purpose It is the primary Purpose of this Easement to: a) enable the Property to remain in agricultural use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural values, use and utility, including its prime and statewide important agricultural soils; and b) prevent any use of the property that would significantly impair or interfere with its current or potential viability. It is the secondary purpose of this Easement to conserve and protect the property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 0.04 Governmental Recoonition New York State has recognized the importance of private efforts to preserve rural land in agriculture through conservation restrictions by enactment of Article 49, Title 3 of the Environmental Conservation Law, and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated September 20, 2001, updated March 16, 2004 prepared by Stanley .1. ][saksen, Jr. and a Phase i Environmental Site Assessment dated April 15, 2004, prepared by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type '~ lhis instrl~ment conveys a Development Rights Easement (herein called the "Ea~ament"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, dght$, terms, and conditions recited herein. Re~:erence to this "Easement" or its "provisions' shall include any and all of those IimEations, covenants, use restdctions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property to anything other than those uses primarily related to a "farm operation", as defined in New York State Agriculture and Markets Law {}301 or any successor statute. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as provided in 4.06. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including berms, driveways or walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with a farm operation, as defined in 1.02, including without limitation fencing to keep out predator animals.' Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal o~ Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. 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 agricultural production, erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision Grantor reserves the right to subdivide the entire parcel designated as SCT~4 1000-112-01-007 into two lots consisting of one lot with a total lot area of approximately :~5.6:~ acres, of which 8.08 acres are the subject of this easement, and a second lot with a total lot area of 26.76 acres, of which 22.46 acres are the subject of this easement. The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Grantee, provided each of the parcels so created by the proposed subdivision shall remain viable for agricultural production, either individually or as a part of an established farming operation. 3.04 Dumoino The dumping or accumulation of materials including, but not limited to trash, garbage, sawdust, or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. "Sound agricultural practices" are defined as those practices necessary for on-farm production, preparation and marketing of crops, livestock and livestock products, provided such practices are legal and necessary, achieve the intended results in a reasonable and supportive way, and do not cause bodily harm or property damage on or off the farm property. 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 agricultural character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, including a description of the agricultural activities and/or the sale of agricultural products on the Property (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) temporary signs, such as political signs, (~) with the consent of the Grantor, to announce Grantee's easement. All signs are subject to applicable regulatory requirements of the Town. 3.06 Prohibited Uses The use of the Property for any permanent or temporary commercial or industrial use shall be prohibited. For the purposes of this section, a farm operation, defined in 1.02, shall not be considered a commercial use. Further activities accessory to a farm operation, as defined in 1.02, including but not limited to hayrides and corn maizes, shall not be considered a commercial use. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural practices, as defined in 3.04, and applicable law. 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural practices, as defined in 3.04, and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and as provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTTCLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR, 4.02 Possession Grantor shall continue to have the right to exclusive p(~;~session of the Property. ./ 4.03 Use Grantor shall have the right to use the Property in any manner and for any Purpose, as defined in 0.03, consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. This use includes the right to conduct hayrides, corn maizes and other similar activities accessory to a farm operation. 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed, damaged or interfering with a farm operation, as defined in 1.02. 4.05 Aqriculturai Activities Grantor shall have the right to engage in any activity related to a farm operation, as defined in 1.02, provided that such activity shall be conducted in accordance with 0.03. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, in accordance with the procedures in this Section and with such other approvals or limitations as may be applicable under the Code of the Town of Southold, now or as it may be amended, provided the structure or improvement does not defeat or derogate from the Purpose of this Easement as defined in 0.03, or other applicable laws: (i) (ii) (iii) (iv) Access drives, to improve access to the improvements permitted by this 4.06; Underground facilities used to supply utilities and control stormwater runoff from the improvements permitted under the terms of this paragraph(s) A and B; Fences; Structures and buildings used for purposes of a farm operation, as defined in 1.02, including but not limited to barns, sheds and storage facilities. B. Notice. This Subsection (B) shall apply to the first five (5) percent of coverage on the Property. Tn order to facilitate the monitoring of this Easement, to ensure continuing communication, and to determine that new or modified permitted structures conform to the terms of this Easement, Grantor shall submit to Grantee sufficient written information (depending on the size and nature of the structure(s), such as surveys showing the location of the proposed structure, and building plans, if relevant. Such materials shall be submitted to Grantee not less than forty-five (45) days prior to the anticipated site work/disturbance or commencement of construction. Such information shall allow Grantee to confirm that the structure proposed (1) conforms to the use or uses permitted on the Property; (2) does not exceed the 5 percent lot coverage for such uses permitted on the Property; and (3) does not violate any of the terms and conditions of this Easement. C. Permission. For structures in excess of the first five (5) per cent of coverage on the Property, Grantor shall apply in writing for permission to erect such structures. Grantee shall grant permission unless it determines that such action would (1) violate the Purpose of this Easement as defined in 0.03; (2) impair the potential for long-term agricultural viability associated with the Property; or (3) unnecessarily impede the use of the Property's prime, state-wide important or unique soils. Grantee shall respond within forty-five (45) days of receipt of the Grantor's written request. Grantee shall not be liable for damages for any failure to grant permission to Grantor. D. Replacement of Improvements. in the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use and general design to the damaged structure shall be permitted within the same general location, subject to the procedures set forth in this 4.06. E. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the Purpose (as defined in 0.03) intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including, but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental and agricultural values maintained in accordance with the Purpose of this Easement, as defined in 0.03. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its 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, the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GP~NTOR'S OBLIGATIONS; 5.01 Taxes and Assessments Grantor shall continue to pay ali taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. This provision shall not preclude Grantor from contesting such amounts from deferring payment during such contest period. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee and the State of New York harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount arising from injury due to the physical maintenance or condition of the Property not caused by such person's actions or inactions 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 and the State of New York harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount 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 from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEE'S RIGHTS 6.0i Entry and Inspection Grantee shall have the right to enter the Property upon reasonable advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement and which cure period is extended to a reasonable time if such restoration cannot reasonably be accomplished within 15 days), 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 enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or TO seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or {herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. ?4ailed notice to Grantee shall be addressed to its principal office, recited ;Terein, marked for the attention of the SuperviSor and the Town Attorney?~r to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the 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"). Tn 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 at the request of the Grantor and Grantee, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time upon the sale or other transfer of the property. 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 lo 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 Purpose hereof as defined in 0.03, 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 from any extinguishment in a manner consistent with Purpose of this Easement, as defined in 0.03. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.0t Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment/RiQhts of State of New York This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code (the"Code") Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to modification of easements and covenants running with the land and according to other applicable provisions of State Law. If the parties seek to amend this Easement, and such amendment does not alienate any property rights acquired by Grantee herein, the Grantee shall hold a public hearing with due notice to consider the amendment. Such an amendment may be approved by a majority of the Town Board, provided, however, that Grantee shall hav( no right or power to approve 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 Ne~ York, as the same may be hereafter amended, any regulation issued 1! pursuant thereto, or to Section 170(h) of the Code governing "qualified conservation contributions". Any termination, modification or amendment to this Easement must be authorized by the New York State Department of Agriculture and Markets, if State grant monies are received to fund this Purchase of Development Rights, in whole or in part. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except upon the adoption of a local law authorizing the alienation of said rights and interest, by a majority plus one vote of the Town Board of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of this property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effectiy~!. 7.05 Governinq Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 InterDretation 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. ]2 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. i'N WITNESS WHEREOF, Grantor has executed and delivered and Grante~ has accepted and received this Deed of Easement on the day and year se forth alcove. ACKNOWLEDGED AND ACCEPTED: EDWARD W. HARBES [~! ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantee) ~hua Ho~ton't -bupervisor ]3 STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this 2-~ay of April, in the year 2004 before me, the undersigned, personally appeared EDWARD W. HARBES i'[[, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individuai(s), or the person upon behalf of which the individual(s) acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County /~//~ Commission Expires Ma~ch 21, 20[/~ J STATE OF NEW YORK) COUNTY OF SUFFQLK) SS: O13 this2.~l~d~ay of April, in the year 2004 before me, the undersigned, personally appeared .1OSHUA HORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the withi'n instrument and acknowledged to me that he/she/they executed the sar~le in his/her/their capacity(les), and that by his/her/their signature(s) or, the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. .. KAREN J. HAGEN  NOTARY PUBLIC, State of New York No. 02HA4927029 Commission Expiresin SuffolkMa, rchCOUn21, ~0 Notar;/Public C/ Qualified ~- ~.~ C: /Anne/Town of $outhold Development Right$/Kenemail 14 AMENDED 04/16/04 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, bounded and described as follows: BEGINNING at a point in the Northerly side of Sound Avenue, distant westerly 2182.50 feet as measured along same from the intersection of the Southerly side of Sound Avenue with the Westerly side of Bergen Ave.; RUNNING THENCE along the Northerly side of Sound Avenue the following three (3) courses and distances: 1. North 89 degrees 53 minutes 00 seconds West 22.27 feet; 2. South 88 degrees 14 minutes 50 seconds West 260.28 feet; 3. South 85 degrees 36 minutes 00 seconds West 68.58 feet to land now or formerly of Edward W. Harbes; THENCE along said last mentioned land North 22 degrees 18 minutes 50 seconds West 67]..35 feet to the true point or place of BEGINNING; RUNNING THENCE from said point or place of BEGINNING North 22 degrees 18 minutes 50 seconds West, 1682.83 feet; RUNNING THENCE South 69 degrees 36 minutes 40 seconds West, 292.44 feet; RUNNING THENCE South 70 degrees 02 minutes 40 seconds West 44.00 feet; RUNNING THENCE North 28 degrees 39 minutes 20 seconds West 252.51 feet to a monument; RUNNING THENCE North 19 degrees 38 minutes 20 seconds West 1,485.86 feet; RUNNING THENCE North 68 degrees 05 minutes 56 seconds East, 371.43 feet; RUNNING THENCE South 39 degrees 49 minutes 31 seconds East, 369.61 feet; RUNNING THENCE South 65 degrees 05 minutes 40 seconds East, 72.19 feet; RUNNING THENCE South 38 degrees 41 minutes 05 seconds East, 55.55 feet; RUNNING THENCE South 24 degrees 33 minutes 43 seconds East 633.20 feet; RUNNING THENCE South 20 degrees 12 minutes 22 seconds East 88.21 feet; RUNNING THENCE South 15 degrees 57 minutes 03 seconds East 53.49 feet; RUNNING THENCE South 09 degrees 51 minutes 40 seconds East, 61.24 feet; RUNNING THENCE South 11 degrees 09 minutes 16 seconds East, 79.04 feet; RUNNING THENCE South 16 degrees 00 minutes 44 seconds East, 119.04 feet; RUNNING THENCE South 18 degrees 34 minutes 37 seconds, East, 88.86 feet; RUNNZNG THENCE South 24 degrees 02 minutes 54 seconds East, 178.56 feet; RUNNZNG THENCE South 27 degrees 09 minutes 26 seconds East, 1~.8.02 feet; RUNNZNG THENCE South 28 degrees 54 minutes 23 seconds East, 248.72 feet; RUNNING THENCE South 3! degrees 28 minutes 33 seconds East, 55~..39 feet; RUNNZNG THENCE South 22 degrees 20 minutes 2! seconds East, ~.43.73 feet; RUNNIN~ THENCE South 67 degrees 4/. minutes /.0 seconds West, 240,2J..feet; RUNNING THENCE South 12 degrees 35 minutes /.9 seconds East, 363.48 feeL; RUNNING THENCE South 77 degrees 24 minutes 4/. seconds West, 104.~.2 feet to the point or place of BEGINNZNG. T I T L E P 0 L I C Y ISSUED BY COMMONWE&LTH [d~/D TrlZE INSURANCE COMPANY Commonwealth OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, COMMONWEALTH LAND TITLE INSURANCE COMPANY, a Pennsylvania corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused it~ corporate name and seal to be hereunto affixed by its duly authorized officers, the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY Secretary President EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this r blicy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: I. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alIeged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without know/edge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant bad paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferentiat 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 ben creditor. NM I PA10 ALTA Owner's Policy (10-17-92) Form 1190-1 Face Page Valid Only If Schedules A and B and Cover Are Attached APR. 29,2004 2:39PM CLT~ RIVERHEAD N0.948 P. 2 , ,le No,i RH80040~98 SCHEDULE A LandAmerica Commonwealth Amount of Znsurence; $90g,300.00 Date of Policy: April 29, 2004 Policy No.; RH80040598 Name of Znsured: TOWN OF SOUTHOLD The estate or interest in the land which is covered by this policy Development Rights Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD By deed made by EDWARD W. HARBES ZZ! to the ~[NSURED dated April 29, 2004 and to be recorded in the Office of the Clerk/Register of SUFFOLK County. The land referred to In this policy is described on the annexed Schedule A - Description. Countersigned: ,~uth~rize~ O~Agent Fee Policy Insert File No.: RH80040598 SCHEDULE B Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of the following: 1, Rights of tenants or persons in possession. 2. Private Well Covenants in Liber 11574 page :].88. 3. Agricultural Commitment in Liber 11664 page 447. 4. Subject to a certain right of way described in a Boundary Line Agreement in Liber 6007 page 117. 5. Subject to the use by Paul L. Ballot, Eleanor K. Kirkup, ~lary P..lonathan, Helene Holtz, and the successors in Title to Richard and Helen Price of a right of way along the easterly line of the premises. 6. Survey made by Stanley, ~1. ]saken, .Ir., last dated 03/16/04 covering premises and more shows vacant land; a)Wetlands located; b)Pump house and catch basin in easterly area; c)Asphalt driveway, access easement to others and right of way easement in easterly area and at variation to easterly record line. No other variations or encroachments. 7. The tax search herein shows a partial or full exemption from taxation. The exemption from taxation will terminate immediately upon the transfer of title to the insured. Policy excepts the lien of restored taxes, plus penalty and interest, if any. 8. Unpaid water charges to date, if any. 9. 2003/04 2nd half Town and School taxes. Fee Policy Insert 3. W. Harbes; F,,e No.: RH80040598 SCHEDULE A - DESCRt'PTTON AMENDED 04/1.6/04 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, bounded and described as follows: BEGZNNZNG at a point in the Northerly side of Sound Avenue, distant westerly 2182.50 feet as measured along same from the intersection of the Southerly side of Sound Avenue with the Westerly side of Bergen Ave.; RUNN~'NG THENCE along the Northerly side of Sound Avenue the following three (3) courses and distances: North 89 degrees 53 minutes 00 seconds West 22.27 feet; South 88 degrees 14 minutes 50 seconds West 260.28 feet; South 85 degrees 36 minutes 00 seconds West 68.58 feet to land now or formerly of Edward THENCE along said last mentioned land North 22 degrees 18 minutes 50 seconds West 671.35 feet to the true point or place of BEGINNING; RUNNZNG THENCE from said point or place of BEGINNING North 22 degrees 18 minutes 50 seconds West, 1682.83 feet; RUNNZNG THENCE South 69 degrees 36 minutes 40 seconds West, 292.44 feet; RUNNI'NG R~NNING ,RUNNXNG RUNNXNG RUNNXNG RUNNXNG RUNNING RUNNING RUNNING THENCE South 20 RUNNING THENCE South 15 RUNNZNG THENCE South 09 RUNNZNG THENCE South 11 RUNNXNG THENCE South 16 RUNN~'NG THENCE South 18 RUNNING THENCE South 24 RUNNXNG THENCE South 27 Fee Policy Insert THENCE South 70 degrees 02 minutes 40 seconds West 44.00 feet; THENCE North 28 degrees 39 minutes 20 seconds West 252.51 feet to a monument; THENCE North 19 degrees 38 minutes 20 seconds West 1,485.86 feet; THENCE North 68 degrees 05 minutes 56 seconds East, 371.43 feet; THENCE South 39 degrees 49 minutes 31 seconds East, 369.61 feet; THENCE South 65 degrees 05 minutes 40 seconds East, 72.19 feet; THENCE South 38 degrees 41 minutes 05 seconds East, 55.55 feet; THENCE South 24 degrees 33 minutes 43 seconds East 633.20 feet; degrees 12 minutes 22 seconds East 88.21 feet; degrees 57 minutes 03 seconds East 53.49 feet; degrees 51 minutes 40 seconds East, 61.24 feet; degrees 09 minutes 16 seconds East, 79.04 feet; degrees 00 minutes 44 seconds East, 119.04 feet; degrees 34 minutes 37 seconds, East, 88.86 feet; degrees 02 minutes 54 seconds East, 178.56 feet; degrees 09 minutes 26 seconds East, 118.02 feet; Policy/File No: 80040598 RUNNZNG THENCE South 28 degrees 54 minutes 23 seconds East, 248.72 feet; RUNNZNG THENCE South 31 degrees 28 minutes 33 seconds East, 55~..39 feet; RUNNZNG THENCE South 22 degrees 20 minutes 21 seconds East, 143.73 feet; RUNN]NG THENCE South 67 degrees 41 minutes :1.0 seconds West, 240.2:Lfeet; RUNNZNG THENCE South :~2 degrees 35 minutes :1.9 seconds East, 363.48 feet; RUNNZNG THENCE South 77 degrees 24 minutes 41 seconds West, 104.12 feet to the point or place of BEGZNNZNG. ALTA Owner's Policy Schedule A - Description File No.: RH80040598 LandAmerica Commonwealth STANDARD NEW YORK ENDORSEMENT (OWNER'S POL~[CY) ATTACHED TO AND MADE A PART OF POLZCY NO. RH80040598 ZSSUED BY COMMONWEALTH LAND TTTLE ZNSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is Icter than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. / Dated: April 29, 2004 Issued at: Commonwealth Land Title Znsurance Company 185 Old Country Road~ PO Box 419 Suite 2 Riverhead, NY 11901 Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TC~10037NY (07/00) 1. D~FINITION OF TERMS. The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and. subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to. heirs. oiStributees, devisees, survivors, personal representatives, next of klm or rporate or fiduciary successors. (bi "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land": the land described or referred ~o in Schedule A. and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right ~ title, interest~ estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and fram Ihe land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (fl "public records": records established under state statutes al Date of Policy for thc purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a) (iv) of the Exclusions From Coverage. "public records" shall also include environmental protection bens filed in the records of the clerk of the United States district court for ~he district in which the land is located. (g) "unmarketability of the tille": an alleged or apparent matter affecting the tide to the lan& not excluded or excepled from coverage, which would entitle a purchaser of the estate or interest described in Schedule A Ia be re]eased from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable litle 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. Thc coverage of this i.~]icy shall continue m force as of Date of Palicy in favor of an insured onb/'so long as the insured relains an estate or interest in the land or hold,? an indebtedness secured by a purchase money mortgage g~ven by a/purchaser from the insured, or only so long as the insured shall have f~bility by reason of covenams of warranty made by the isured in any transfer or conveyance of the estate or interest. This policy not continue in force in favor of any purchaser from the insured of (ii an estate or interest in the land· or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. The insured shall notify the Company promptly ;n writing (ii m case of any litigation as set forth in Section 4(at below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or imerest which is adverse to the title to the estate or interest, as insured, and which migh~ cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estale or interesL as insured, is rejected as unma,ketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminale with regard to the matter or matters for which prompt notice is required: provided· however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the preludice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company. at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insure& but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right ~o select counsel of its choice (subject ~o the right of the insured to object for reasonable ca,se) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees. costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured .against by this policy. (bi The Company shall have the right, at its own cost, to institute and tosecute any action or proceeding or to do any other act which in inion may be necessary or desirable to establish the title to the estate or crest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the lerms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1 X (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiclion and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the righl to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the, name of the insured for ~his purpose. Whenever requested by the Company. the insured, al the Company's expense, shall give the Company all reasonable aid (ii in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting seltlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation, 5. PROOF OF LOSS OR DAMAGE. In addition ~o and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days alter the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in. or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall sta~e, to the extem possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, wilh regard Ia the matter or matters requiring such proof of loss or damage. In addifiom the insured claimant may reasonably be required to submi~ to examination under oath by any authorized representative of the Company and shali produce for examination, inspection and copying, at such reasonable times and places as may be designated by any aulhorized representative of the Company, all records, books, ledgers, checks· correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requesled by any authorized representative of the Company , the insured claimant shall grant its permissmn, m writing, for any authorized representative of the Company to examine · respect and copy ali records, books, ledgers, checks· correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to Ihe Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminate any liability of the Company under this policy as to that claim 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following oplions: (a)To Pay or Tender Paymem of thc Amount of Insurance. To pay or tender payment of the amounl of insurance under this policy Iogethcr with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company. up to thc time of paymant or tender of payment and which the Company is obliga- ted to pay. Upon the exercise by the Company of this option, ag liability and obligations to the insured under this policy, other than to make the payment require& shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation (bi To Pay or Otherwise Settle With Parties Other than the Insured or With thc Insured Claimant. (ii to pay or otherwise settle with other parties for or in the name of an insured c[aiman~ any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by ~he insured claimant which were authorized by the Company up to time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together wi~h any costs· attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up ~o the lime or payment and which the Company is obligated to pay. Upon the exercise by the Company of either of Ihe options provided for in paragraphs (bi(i) or (ii), Ihe Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation, ~tions and Stipulations Continued Inside Cover ~.~ · CONTROL NO. ~3 0 [3 -1~' b 14'3 ~ q (Oontinued) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary toss or damage sustained or incurred by the insured claimant who has suffered loss or damage by of matters insured against by this policy and only to the exlent herein la) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the velue of the insured estate or interest as insured and the velue of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. lb) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 pement over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shell only pay the loss pro rata in the proportion that 120 pement of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 pement of the Amount of insurance stated in Schedule A. lc) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the pamels but not ali, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate pamel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has therwise been agreed upon as to each parcel by the Company and the insured at e time of the issuance of this policy and shown by an express statement or by ~i endorsement at[ached to this policy. 9. LIMITATION OF LIABILITY. la) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a dght of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. lb) In the event of any litigation, including litigaben by the Company or with the Company's consent, the Company shali have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. lc) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the ppor written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LJABIMTY NONCUMULATIVE. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insudng a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shell be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. la) No payment shell be made without producing this policy for endorsement of the payment ueless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the ompany. ~: lb) When liability and the extent of loss or damage has been definitely '~r~xed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. la) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shell vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogatad to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shell transfer to the Company all rights and remedies against any person or property necessary in order to perfect this dght of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not veld this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. lb) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. ARBITRATION. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obfigation. All arbitrable mat[ers when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters whed the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT. (a) This policy together with all endorsements, it any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this poticy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that prevision and all other provisions shall remain in full force and effect. 17. NOTICES WHERE SENT. Alt notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia 23261-7567. NM1 PA10 ALTA Owner's Policy (10/17/92) Form 1190-3 Cover Page ORIGINAL Valid only if Face Page and Schedules A and B are attached NEW YORK OFFICES NEW YORK STATE OFFICE 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212) 983-8430 BUFFALO 37 Franklin StreW, Suite 100 Buffalo, New York 14202 (716) 853-6800 FAX: (716) 853-6806 GARDEN CITY 1325 Franklin Ave. Suite 160A Garden City, New York 11530 (516) 742-7474 FAX: (516) 742-7454 NEW CITY 17 Squadron Boulevard, Suite 302 New York, New York 10956 (845) 634-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road I~iverhead, New York 11901 (631)727-7760 FAX: (631) 727-7818 ISLANDIA 1777-6 Veterans Memorial Hwy Islandia, New York 11722 (631) 232-3503 FAX: (631) 232-3617 WHITE PLAINS 50 Main Street White Plains, New York 10606 (914) 949.-0002 FAX: (914) 949-0180 NATIONAL TITLE SERVICE 655 Third Avenue New York, New York 10017 (212) 949-0100 OWNER'S POLICY OF TITLE INSURANCE (10/17/92) AMEmCAN LAND Trc~ ASSOCIATION Commonwe~.~ Title Insurance Since 1876 101 Gate:~ay Centre Parkway, Gateway One Richmond, Virginia 23235-5153 B 1190-3 A WORD OF THANKS ..... As we make your policy a part of our permanent records, we want to express our appreciation of this evidence of your faith in Commonwealth Land Title Insurance Company. There is no recurring premium. This policy provides valuable title protection and we suggest you keep it in a safe place where it will be readily available for future reference. If you have any questions about the protection provided by this policy, contact the office that issued your policy or you may write to: Consumer Affairs Department Commonwealth Land Title Insurance Company P,O, Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 N Y S A G & M K T S W A I V E R Division of Agrtcultura! Protection and Development Ser~ces $18-457-7076 Fa~ Joshua Y. Horton, Supervisor Town of Southold 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 STATE Or .EW ¥ORX DEPARTMENT OF AGRICULTURE AND MARKET~J~ w,..., c .c,e UtJ] November 8, 2004 Re: Waiver - Suffolk County Agricultural District #1 - Town of Southold - Acquisition of Land Dear Supervisor Horton: The Department has reviewed documentation submitted by Joshua Y. Horton, Town Supervisor, for the Town of Southeld, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Edward W. Harbes, III Landowner The above waiver meets the requiremen(s of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, RO~O~MERS, Ph.D Chief, Agricultural Protection Unit cc: File: 04/060-W /- EC p- 1 D£ T OF LAND PRESERVATION WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 38.068 acres of active farmland and/or 4.308 acres of non-farmland, situated at Suffolk County Tax Map No. 1000-112-1-7 of which 30.54 acres that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural Distdct #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: .,,fmsnua ¥. rton, Supervisor - 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowners Edward W. Harbes III 715 Hallock Lane Mattituck, NY 11952 (631) 298-9773 STATE OF NEW YORK ) COUNTY OF. SUFFOLK ) )SS: On the 29th day of April, 2004, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidenCe to be the individual whose name is subscribed to the within instrumen[ 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 an.d affixed the seal thereto by like order. NotarY~ ~ KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 COUNTY OF S~O} ~< ) )SS: On the 29m day of April, 2004, me personally appeared EDWARD W. HARBES Ill, 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 the owner of the subject premises, and that by his signature on the instrument, the individual, or the persons upon behalf of ?¢hich the individual acted, executed the instrument. / KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 l Qualified in Suffolk County ,,~L, Commission Expires March 21, 20 ~ P R O P E R T .y R E C O R D S EDWARD W. HARBES III to TOWN OF SOUTHOLD 30.54 acres Development Rights Easement SCTM #1000-112-1 -p/o 7 417 Sound Avenue, Mattituck, New York Closing held on Thursday, April 29, 2004 Southold Town Hall Conference Room Monica Harbes Joshua Y, Horton, Southold Town Supervisor Edward W, Harbes III (from left to right) MELISSA ,~ SPIRO 'RESERVATION COORDINATOR 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: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spiro, Land Preservation Coordinator April 30, 2004 EDWARD W. HARBES III to TOWN OF SOUTHOLD SCTM #1000-112-1-p/o 7 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 417 Sound Avenue, Mattituck Edward W. Harbes III Closing took place 4/29/04 $909,300.00 (based on 30.31 buildable acres @ $30,000/acre) 30.54 acres (includes 0.23 wetlands area) Open Space Capital and Community Preservation Funds (May be eligible for a grant from NYS Dept. of Agriculture & Markets) This property is adjacent to over 400 acres of active farmland parcels on which development rights have been pumhased and is listed in the Town's Community Preservation Project Plan. 112.-1-7 47388 City: Mathtuck; NY ZIF1 Sale ~ ~ ~ 321~ ~ 79 04/24~ E~empti& Prints the screen ~ StartI [] ~nbo× - M~cro~of~ Ou~oo~ .11 e ..~ ~.~o. ~,- [S.a.... PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair RICHARD CAGGIANO WILLIAM J. CREMEHS KENNETH L. EDWARDS MARTIN H. SIDOR MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFb'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 14, 2004 Mr. Edward Harbes P.O. Box 1524 Mattituck, NY 11952 DEPT. OF LAND PRESERVATION Re: Proposed Conservation Subdivision of Edward Harbes III Located on the north side o.f Sound Avenue, 2,174' west of Aldrich Lane in Mattituck SCTM#1000-112-1-7 Zone: A-C & R-80 Dear Mr. Harbes: The Southold Town Planning Board, at a meeting held on Monday, December 13, 2004, adopted the following resolutions: WHEREAS, this proposal is to subdivide a 42.37 acre parcel into two lots where Lot 1 is equal to 15.61 acres, inclusive of a 7.52 acre building envelope and 8.08 acres of which Development Rights have been sold to the Town of Southold and Lot 2 equals 26.76 acres, inclusive of a 2.85 acre building envelope and 22.46 acres of which Development Rights have been sold to the Town of Southold; and WHEREAS, the Planning Board classifies this subdivision as a Conservation Subdivision pursuant to Chapter A106; and WHEREAS, the Southold Town Planning Board granted sketch plan approval on the maps dated, as revised, March 16, 2004; and WHEREAS, pursuant to Chapter A106, Section A106-18, the preliminary plat review is hereby waived for this conservation subdivision; and WHEREAS, pursuant to Chapter A106, Section A106-60, the Park and Playground Fee for Conservation Subdivisions has been reduced to $3,500.00 per buildable lot not improved with an existing single family residence; and WHEREAS, the Suffolk County Department of Health issued an exemption stamp on August 27, 2004; and Harbes - Pa.qe Two - 12/14/04 WHEREAS, the Mattituck Fire District issued a letter on November 24, 2004 releasing the applicant of the installation of a fire well; and WHEREAS, the Mattituck Fire District requests that the 25' common right-of-way is to be maintained at a minimum of 15' X 15' clear; and WHEREAS, the showing of the reserve area upon Lot 2 as per Condition Number 2 as outlined in the conditional final approval resolution is unnecessary; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore, be it RESOLVED, that ingress and regress to the residential structure on Lot 1 will be over the existing 25 foot common right-of-way only; and be it fur[her RESOLVED, to rescind Condition Number 2 as outlined in the conditional final approval resolution dated November 8, 2004; and be it further RESOLVED, that the Southold Town Plannirlg Board grant final approval on the plat, last revised on May 4, 2004, and authorize the Chairperson to endorse the plat. Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. Please call my office with any questions. Very truly yours, ~odhouse Chairperson encl. CC: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Department Division of Agricultural Protect/on and Development Services 518.457-7076 Fo~. $18~57-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 109 Airline Drive Albany, 1/ew York 12235 June 28, 2005 Joshua Y. Horton Supervisor Town of Southold 53095 Route 25 PO Box 1179 Southold, NY 11971-0959 JUL - ? 2005 Re: Waiver - Suffolk County Agricultural District #1 - Town of Southold - Acquisition of Land Dear Supervisor Horton: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Edward W. Harbes, III Landowner The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBERT SOMERS, Ph.D Chief, Agricultural Protection Unit File: 05/042-W DEPT OFLAND PRESERVATION Suffolk Times photo by Judy Ahrens Ed Harbes checking the progress of his super-sweet corn Monday. 112.-1-7 § 47380SI Southold .~cliYe R.,S 1 Sdlo-,I Idottituck School Horbes Family Eslale LLC. R,:,If fea 2007 Cull W Land rights Land a,'y': 2.800 715 Sound Ave Lord ~L..-"-~' 22.4G ~cre~ T:,talA"~' 2.800 Owne~ Total: 1 Tax,bio V~lue Miscellaneou~ fJame Ha~be= Family Estate LLC Court? 100 8,_,,~ 12334 &.dd Add~ Muni 100 Fag~ 644 Slr~t 715 Hallock Ln ~uhooL 100 Molly FU B ,.~ Village: 0 Ban~: Sale T_,tal 2 Site 1 ot 1 iand 0 or 0 ~.~lv E =t~ .~al~ Pn:~ Owne~ Prpck: Land rights 12~05 g2O 07]01]05 1 Ha~be~ F~milv 12334 ~44 04~29/04 909.300 Town o~ Southol C d~ An'ounl Yea~ ~1720 AG DIST 2.700 0 0 Speciol Di~hict Tot~h 4 Vslue / Improvement T ~, al 0 C:o~e Un~ts Pet T.~pe Move T~x F~e N~n-~ Dirn~ D m2 SOFT 'Q Bu~t FD030 M~ttituck FD _00 .00 .00 PK071 M~ttituck P~ _00 .00 .00 Bathes Farm ~ettituck LLC. RollYear 2007 Curt Yr Lend rights LandAV: 1.000 715 Sound Ave Ldrd a~e O.0O acre~ Total ~.V; 1~000 Owner Total: 1 Taxable Value Miscellaneou~ Nar,~e: Ha[bes Farm Mattiluck LLC County~ O B,:,o~: 12405 ,~,ddl Addr: Mur, i 0 Fa;e. 827 S~reet: 715 Halleck Ave ~ uhoul. 0 FU E, ,.: Village: 0 Bank: Cit,,: Mattituck. NY Zip: 11952 Schl ~ Sta~: 0 AcctNo: 14 Sale Tot,~l 1 Site 1 ,-,J F',~qe S.~le Date ':'- - ¢~lu Pn ~ Owner Prpcls: Land rights ~2405 827 07/15/85 I 0tilities: Exemplior~ Totel: I Terrn Own Building Total; 0 41728 AG DIST 1.000 0 Special District Total: 4 Value / Impmyeaent Total: 0 Code Units Po( T~,pe Move Ta~ Type Name E)im~ Dim2 SOFT '" Buil~ ~D030 ~attituc[ ED _oo .oo :00 ' PKO71 ~attituck Pall .00 0O 00 E:,ouble ,:lid,: I-,3 epcn ,~ wind,:,w SECTION NO ~12 A E R I A L S Development Rights Easement - 30.54 acres - sold to Town of Southold at a closing held on April 29, 2004 2001 Aerial HARBES Property 30.54 acre development rights easement 417 Sound Avenue, Mattituck S U R V E Y I HEREBY CERTtPi* THAT TRIS MAP WAS MADE BY ME E ACTUAL SURVEYS COMPLETED IB MARCH 2DD4 AND THAT ALL C NCR MONUMENTS SHOWN MINOR SUBDIVISION FOR EDWARD W, HARBES III IdATTITUCK, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEYED FOR: EDWARD W. HARBES III ZONED A-C OWNER AN DEVELOPER. EDWARD W, HARBES tll 7'/5 HALLOCK LANE MA7%ffUCK, N.Y. 11952 CHAIRMAN, PLANNING BOARD, LOT 2 S '7¢ XEY MAP SOUND AVENUE 600' TEST HOLE 1,3' LOT I N 2W54'25"W 24B,72' LOT WELL 50' 6D' TYPICAL LOT LAYOUT 551.6g" 1 TOTAL LOT AREA = 42.376 ACRES DEDUCTIONS. WET~ANDS AREA NORTH PARCEL ..... 0 23 ACRES RIGHTS OF WAY LOT1 ............. S ,3§ ACRES LOT 2 ......... LO6 ACRES TGTAL RIGHTS OFFERED MINUS DEDUCTIONS- .40.696 ACRES 40 696 ACRES X 75 = 30 522 ACRES TO 6£ PRESERVED. LOT 1: TOTAL LOT AREA = 679,971 6 S,F, OR 15.61 ACRES AREA TO BE RETAINED, Z528 ACRES DEVELOPMENT RIGHTS OFFERED = 8,08 ACRES LOT £: TOTAL LOT AREA -- 1,165,665 SF OR AREA TO BE RETAINED AREA OF RIGHT OF WAY THROUGH LOT 26,76 ACRES 2, B5 ACRES 1.45 ACRES DEVELOPMENT RIGHTS OFFERED = 22,46 ACRES AREAS OF RIGHTS OF WA Y THROUGH LOT 2 . AREA THROUGH LOT TWO. 1,45 ACRES TOTAL DEVELOPMENT RIGHTS OFFERED. 30.54 ACRES PERCENTAGE OF RIGHTS OFFERED = 75.0~ S 67'41'10"W z N 24'51'10"W 285.86'1.L ~, .wi TYPICAL WELL GALLON GREEN N 19'41'00"W 821,77' NYT3 LOT P O.D LOT S 85'36'00"W S 86'14'50','? rte -~ 2,174' 68.58' 260.28 N zz.z/ N 8g'53'OO"W SOUND AVENUE 650' ELEVATIONS TAKEN FROM FAST END TOPD MAPS AS FILED IN THE SUFFOLK COUNTY DEPARTME~ OF PUBLIC WORKS EL, 35 0 FINISHED WALL 4 "/FOOT PffCH SANITARY GRADE DETAIL (TYPICAL) ~ 'BIN, 2'MAX, BASED UPON DEPAfi THIS DAT~ THE WATER SUPPLY(S) AND/OR SEWAGE DISPOSAL UNDER MY DIRECTION P.E FINAL SURVEY SUFFOILK COUNTY DEPARTMENT OF HEALTH SERVICES APR - 8 2004 SCALE 1"= 100' AREA = ],B45,glJ 5 S,F. OR 42,576 ACRES SURVEYED BY STANLEY J ISAKSEN, JR. P,O. BOX 294 NEW ~UFFOLK, N.Y. 11956 01Rg96 SHEET 7 O~'''~' ~ ~-- ~F 2 LoNG iSLAND SOOND SOUND AVENUE 1"= 600' BY FINAL EDWARD W. HARBES III MATFITUCK, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. SURVEY SURVEYED FOR: EDWARD W. HARBES TOTAL LOT AREA = 42.376 ACRES DEDUCTIONS, WETLANDS AREA LOT 2 ........... 0.2.3 ACRES A~PHALT DRIVE OWNER AN DEVELOPER: EDWARD W. HARBES Ill 7'15 HALLOCK LANE MATFffUCK, N.Y. t lg52 40 896 RIGHTS OF WAY. LOT 1 ............ 0..39 ACRES LOT 2 .......... 1 06 ACRES TOTAL BUtLDABLE ACRES ........... 40.696 ACRES ACRES X .75 = .50.522 ACRES TO BE PRESERVED. LOT 'L' TOTAL LOT AREA = 5,79,971 6 SE DR 1,5.61 ACRES AREA TO BE RETAINED. Z528 ACRES DEVELOPMENT RIGHTS OFFERED = 8 08 ACRES LOT 2: TOTAL LOT AREA = 1,165,665 S,F, OR AREA TO BE RETAINED: AREA OF RIGHT OF WAY TNROUGH LOT. 2E. 76 ACRES 2 85 ACRES 145 ACRES (Bow EASEMENT) DEVELOPMENT RIGHTS OFFERED = 22 46 ACRES AREAS OF RIGHTS OF WAY THROUGH LOT 2 . AREA THROUGH LOT TWO. I 45 ACRES (ROW EASEU-E~0 TOTAL DEVELOPMENT RIGHTS OFFERED: 30.54 PERCENTAGE OF RIGHTS OFFERED = 75.0~ ACRES '- '* TYPICALWELL AREA OF PROPOSED CONVEYANC'E ~ OF DEVELPOMENT RIGHTS EASEk~ENT ~ ~ TANK42 GABON OFFERED TO THE TOWN OF so~THOLD ~ ~ ~P~ = 22,46 ACRES, MINUS 23 ACRES (W~NDS) ~ ~_~' ~ 12" TOTAL THIS AREA = 22.25 AOCES 53,49 (ROW ('BOW FOR SCDHS USE ONLY TEST HOLE WELL PROPOSED RESIDENCE TYPICAL LOT LAYOUT ELEVATIONS TAKEN FROM E~ST END TOPO MAPS AS FILED IN TNE SUFFOLK COUN]Y DEPARTMENT OF PUBLIC W'IDBKS s7O' LOT 2 WETLANDS AREA AREA = 023 ACRE S B8,86' N B'OO'44"W (Row EASE~E~rr) LOT 1 d~ SANITARY ? ~4'/FOOT PITCH P.E DETAIL (TYPICAL) l 'MTN, 2'WAX. ~ COVER SUFFOLK COUN]Y DEPARTMENT OF HEALTH SERVICES Hauppauge, Ne~ York DEPF 0£ LAr, D SURV~r'ED 20 SEPTEMBER 2001 UPDATED- 16 MARCH 2004 SURVEYED BY STANLEY d ISAKSEN, JR P.O. BOX 294 NEW SUFFOLK, NY 11956 01R996 SHEET 2 DF 2