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Home My WebLink AboutStarkie, George & John 1000-96-3-2.2 (f/k/a 1000-96-3-p/o 2) Baseline Documentation Premises: 830 Sterling Lane Cutchogue, New York 16.8252 acres Development Rights Easement GEORGE STARKIE and JOHN STARKIE to TOWN OF SOUTHOLD Deed dated November 14, 2001 Recorded January 14, 2002 Suffolk County Clerk - Liber D00012163, Page 329 SCTM #: Premises: 1000-96-3-2.2 (f/k/a 1000-96-3-p/o 2) 830 Sterling Road Hamlet: Cutchogue Purchase Price: Funding: $156,711.16 (16.6714 buildable acres $9,400/acre) Community Preservation Funds (2% land bank) CPF Project plan: Yes Total Parcel Acreage: 18.7628 acres Development Rights: 16.8252 easement acres (includes .1538 acre right of way to homestead excluded from purchase price) SCTM #1000-96-3-2.2 Lot Created (Planning Bd): 1.9376 acre SCTM #1000-96-3-2.1 Zoned: A-C Existing Improvements: In November 2001 - Nursery fields on development rights easement, 4 wells, small building, 3 utility poles, dirt roads I Il ie I / I I II ii ii ii I I I i / A. DESCRIPTION 1. LAND The subject is a parcel of land having an area of 16.90+ acres. It is irregular in shape with an east-west width ranging from 544.43+' to 630.76+'. Its north-south dimension is approximately 1,410+'. The property does not have road frontage but does have access from Main Road via two deeded right of ways which together are known as Sterling Lane. This unpaved right of way is 22' wide, of which 11' encumbers the westerly boundary of the subject. It provides access to and encumbers the subject and several other properties neighboring the subject. The above dimensions are taken from the Suffolk County Tax Map and the subject deed. We have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available to the subject along the Sterling Lane right of way. The property has a generally level topography, is mostly cleared, and is in use for cultivation of nursery plants. 19 IVEN i I I I I I A. DESCRIPTION (CONTINUED) 2. iMPROVEMENTS The subject is being appraised as unimproved vacant land. B. PRESENTUSEAND OCCUPANCY The subject is presently in use as a farm. I II ii II ii ! II ~.GIVEN ~o A P P R A I S A L M O T I O N Town Hall, 53095 Main Road P.O. Box I179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 LAND PRF~ERVATION COMM~'I'rEE TOWN OF SOLITHOLD LAND PRESERVATION COMMITTEE MEETING MONDAY, SEPTEMBER 25, 2000 AT 7:30 P.M. MINUTES Present were: Dick Ryan, Reed Jarvis, Ray Iluntington, Joe Krukowski Melissa 5piro, Brian Murphy, Marian Sumner, Ray Blum, Bob Jenkins, George Starkie, Sandra Scott ~, her son, Jason. George Starkie application - $CTM #1000-96-3-2 - Mr. Starkie said he would like to hold out approximately 2 1/2 acres, which is the house, barn and heliport. Dick asked the secretary to send both Mr. Jenkins and Mr. 5tarkie copies of Chapter 25 and 6 of tine Town Code. A motion was made bi/ Ray Huntington and seconded by Reed Jarvis to have an appraisal done on this property. All were in favor. P R 0 P E R T Y V I S U A L S ! Io PHOTOGRAPHS OF SUBJECT ! View of Subject - Facing Easterly I I View of Subject - a ' g y I ~GIVEN ~s I I I I I I15 View of Subject - Facing Northerly I I I I I I I I I I I I I I Tax Map Location I I I I I I I I I I Title: Subject Sketch (From Deed) Scale: 1 inch = 210 feet IFile: 2000275 - Starkie.des I Date: 10-10,2000 I ~_GIVEN ~ -80 Zoning Map] 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 Starkie Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The overall property is an 18.5 acre parcel of agricultural land with the exception of a single family dwelling and miscellaneous farm buildings. The part of the property that is the subject of this report is the 16.6 acres of vacant agricultural land only. The property is a landlocked parcel (i.e. does not lie adjacent to an improved road or right-of-way) that is located approximately 1,876 feet northwest of Main Road (SR 25), west of Cox Lane. The property is more particularly described as Suffolk County Tax Map # 1000-096-03-2. The field inspection revealed the property is utilized as a nursery for ornamental landscape species. An irrigation well located in the central portion of the property was operated by a diesel- powered pump. A 275 gallon above ground diesel fuel storage tank was located adjacent to the engine. Minor staining was observed on the ground beneath both the tank and the engine. The hand pump located on the top of the tank did not appear to be properly sealed causing fuel to mn down the side of the tank when used. An inspection of the subject property did not reveal any dumping or debris, staining, residue, odors, or stressed vegetation, except as previoUsly noted. According to Mr. Phil Horton, who was working at the time of the inspection, the land was utilized as farmland until converted to nursery fields approximately 18 years ago. A small shed was located adjacent to the above ground tank and engine was sided with suspected asbestos containing material. Aerial photographs from 1961, 1969, 1976, 1980, and 1994 were reviewed. The aerials identify the subject property as farmland throughout this period. An extensive government records search found no potential sources of environmental degradation on the subject property. One (1) State documented closed spill incidents was noted in the vicinity of the subject property. This closed spill incident is located approximately one- half (0.5) mile to the north and is not expected to adversely impact the subject property. Starkie Property, Cutchogue Phase I ESA In conclusion, this assessment has revealed evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The hand pump on top of the 275 gallon above ground diesel fuel storage tank should be properly connected to prevent any future releases from occurring and the tank and engine should be removed or relocated to inspect under this equipment for further assessment of staining. Any minor stained soil should be removed and properly disposed of. Based on inspection staining was noted as minor; however, if during removal major staining is found, the matter should be reported to the NYSDEC Oil Spill Hotline for corrective action. If the small wood framed shed that is sided with suspected asbestos containing shingles is to be renovated or demolished, the suspected asbestos containing shingles should be removed and properly disposed of in accordance with NYS Industrial Code 56. FIGURE 1 LOCATION MAP - 72 30' 59" 41 02' 58" I '~ ~ ~ ~/~ ~' ';'~ /' Source: Precision ~ppfng, 1995-96 Page 8 of 25 I I I I I I I I FIGURE 2 SITE MAP Starkie Property, Cutchogue Phase I ESA 275 Gallon Tamk and Engine for Well lo Source: Survey by Others NORTH Page 10 of 25 FIGURE 3 Starkie Property, Cutchogue Phase I ESA GROUNDWATER CONTOUR MAP ~ T ,,&',;~-,::-2: -./' 24o4 , ,'o:,:?.. ~: / ""- ~ , .. 6650l .-. %_.. ........... ..... ~ ......... S~, ...... ~ ............... :'~.,;" ;' ~' 3~o~' / ~ ~'~ I .............. ~ ,"' '~~'/ _,," / / ''' j6478 ,, 47746 ~ i ",~ J ~ ~~ ," ~1,~ ,'~' ~ ~ ~ ~ 3529 ..... Source: SCDHS, 1999 NORTH + Page 17 of 25 OVERVIEW MAP - 566703.3s - Nelson, Pope & Voorhis LLC Targe[ Properb/ Gasification S;tes (if requested) ~ 100-yea. r fl(~od zone flood per TARGET PROPERTY: Jenkics Property CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Depot La. ne CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY#: 566703.3s LAT/LONG: 41.0198 / 72.4928 DATE: November 22, 2000 12:29 pm DETAIL MAP- 566703.3s- Nelson, Pope &Voorhis LLC or equal to ~he tar§el property m) TARGET PROPERTY: ADDRESS: CITY/STATE/ZiP: m[~T/LONG: DO-year flood zone Wettands Inventory Jenkins Property Depot Lane Cutc~qogue NY 11935 41.0198 / 72,4928 CUSTOMER: CONTACT: iNQUIRY~: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 566703.3s November 22, 2000 12:29 pm PHYSICAL SETTING SOURCE MAP. 566703.3s / ,/ Major Rosd.s Water Wells Public Water Supply We I~ Cluster of Multiple [cons !/2 TARGET PROPERTY: Jenkins Property CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Depot Lane CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutc~ogue NY 11935 INQUIRY #: 586703.3s LAT/LONG: 41.0198/72.4928 DATE: November 22, 2000 12:29 pm P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 12, 2000: RESOLVED that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby sets Wednesday, January 3, 2001 at 5:02 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by George and John Starkie. Said property is identified as SCTM # 1000- 96-3-2. The development rights easement comprises approximately 16.9 acres of the 18.5 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $9,400.00 (nine thousand four hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby sets Wednesday, January 3, 2001 at 5:02 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property. owned by George and John Starkie. Said property is identified as SCTM #1000- 96-3-2. The development rights easement comprises approximately 16.9 acres of the 18.5 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $9,400.00 (nine thousand four hundred dollars) per acre. Said property to be purchased either outright by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: December 12, 2000 BY ORDER OF THE SOUTHOLD TOWN BOARD ELIZABETH A. NEVILLE SOUTHOLD TOWN CLERK PLEASE PUBLISH ON DECEMBER 21, 2000, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Land Preservation Committee Department of Land Preservation George & John Starkie Town Clerk's Bulletin Board STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the 13th day of December ,2000, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. NTOICE OF PUBLIC HEARING -- Wednesday, January 3, 2001 at 5:02 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by George and John Starkie. Said property is identified as SCTM #1000- 96-3-2. dJElizabeth A5 NevillS~ Southold Town Clerk Sworn before me this L~qDA M. BOHN NOT~ PUBUC, State of New York No. O1 B06020932 [~uallfled In Suffolk Coun~ Term Expires March 8, 20BI ON THE PURCHASE OF PUBLIC HEARING JANUARY 3, 2001 5:02 P.M. DEVELOPMENT RIGHTS, PROPERTY OF JOHN STARKIE, SCTM#1000-96-3-2 Present: Supervisor Jean W. Cochran Justice Louisa P. Evans Councilman William D. Moore Councilman John M. Romanelli Councilman Brian G. Murphy Councilman Craig A. Richter Town Clerk Elizabeth A. Neville Town Attorney Gregory A. Yakaboski COUNCILMAN ROMANELLI: "NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board of the Town of Southold hereby sets Wednesday, January 3, 2001 at 5:02 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights of agricultural lands for a certain parcel of property owned by George and John Starkie. Said property is identified as SCTM #1000- 96-3-2. The development rights easement comprises approximately 16.9 acres of the 18.5 acre farm. The exact area of the development rights easement is to be determined by a town provided survey, acceptable to the Land Preservation Committee prior to the contract closing. The purchase price is $9,400.00 (nine thousand four hundred dollars) per acre. Said property to be purchased either outfight by the Town of Southold, or acquired under the Suffolk County Preservation Partnership Program whereby Suffolk County may appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County may appropriate an amount up to 70% of the total cost of acquisition. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during business hours. Dated: December 12, 2000. I have an affidavit that it was inthe Suffolk Times, posted on the Clerk's Bulletin Board, and I have no correspondence in the file. SUPERVISOR COCHRAN: You have heard the reading of the legal notice in relation to the purchase of development rights on the property of John Starkie. Is there anyone that would like to address the Board either pro or con? Mr. Chairman? DICK RYAN: I think for the sake of brevity and time saving that I would be asked that my comments about the Scott development rights proposal be incorporated as though they were the same for my PH Starkie 2 remarks on Starkie. I would ask Melissa however if she had any other insights concerning the Starkie parcel, particularly that you wanted to speak to? MELISSA SPIRO: I would describe the Starkie property as about 18 acres, and (unintelligible) DICK RYAN: The exceptions to what I would say has to do again with the price. In this instance the price is $9,400 an acre approximating something in the order of $155,000 for the 16.9 acres, and that again the committee by unanimous recommendation would encourage the Town Board to adopt a resolution to accept these development rights pursuant to either Chapter 25 of the Town Code, or Chapter 6 of the Town Code. Thank you. I would be remiss also on not recognizing Mr. Starkie here tonight also, and we likewise thank him f/)r his forthrightness, and volunteer nature in coming forward with this proposal. SUPERVISOR COCHRAN: And also thank you on behalf of the Town Board and community at large. Thank you. Is there anyone else who would like to address the Town Board in relation to the purchase of development rights on the property of John Starkie? (No response) If not, I will close the heating. 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 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 69 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2001 · WHEREAS, the Town Board of the Town of Southold wishes to purchase the development rights in the agricultural lands of a certain parcel of property of agricultural lands owned by George and John Starkie, identified as SCTM# 1000-96-3-2, comprising approximately 16.9 acres, at the price of $9,400.00 (nine thousand four hundred dollars) per acre pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold; and 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, 6 NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk · PROIECT I D. NUMBER I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 12. PROJECT NAME 1. APPMCANT/SPONSOR 3. PROJE~ LOCA~ON; Municioal[ty ~HO6U 4. PRECISE LOCATION (Strut ~ddm~ an~ mad inters~tlons, prominent landmass, etc., or provide m~) SEQR 5. iS PROPOSED ACTION: ~New [~ Expansion 6. DESCRIBE PROJECT BRIEFLY: [] Modification/BUst ation 7. AMOUNT OF LAND AFFECTED: S. WILL PROPOSED ACTION COMPLY WITH E×iST. ING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 'l~Yes [] NO If No, describe briedy 9. ,~sSidPeRntE~Sa~NT LAND USE IN VICINITY DE PROJECT? ~'Describe: [] [ndustri3] ~mmercJ~,l griculture [] psrk.~ForestIOpe~ soace [] Other DOES ACT!ON IN'/OLV;- A PERM!',' APPRGVAL, CR FUNDING, :,lOW DP ULTIMATELY ~OM ANY OTHER GOVERNMENTAL AGENCY STATE OR LOCAL~? DOES ANY ASPECT OF THE ACTION HAVE A GURREN'[LY VAL!O PERMIT OR APPROVAL? ~Yes [] No ~f yes, li~ ~enc¥ name anti permit,~a~prova, · ~ Applicant/s~onsor Signature: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE If the action is in the Coastal Ama, and you are a state agency, ¢~mplete the Coastal Assessment Form before proceeding with this assessment- OVER 1 PART Ih--ENVIRONMENTAL ASSESSMENT (To be Dompleted by Agency) A. DOES ACTION EXCEED ANY TYPE I THRF ~LD IN 6 NYCRR PART 617.47 If yes, coordinate wiew process and use the FULL EAF, B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNMSTED ACTIONS iN 6 NYCRR, PART 617.67 If NO, a negative.declaration may be superseded by 8nether involved agency. [] Yes ~o ~ C. COULD ACTtON~RESULT IN ANY ADVERSE EFFECT~ ASSOCIATED WITH THE FOllOWING: (Answers may be handwritt~'~, if [eglb!e) C1. Existing air quality, surface or groundwater qualrty or quantity, noise leVels, existing traffic patterns, sotid waste produ~tion or disposal, potential for erosion, drainage or flooding problar~s? Explain briefly: C2. Aesthetic agricultural arc~laeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:. C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threateneg or enaange~eo species? Explain briefly: C~. A community's existing plans or goals as officially adopteo, or a cbange in use or intensity of use of land or other natural resources? Explain briefl C..5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C$. 3cng te~m, short term, cumulative, or other sttsct~ act ioefltifled in C1-C57 Explain briefly. C7. Other impacts (Including changes in use of either quantity or type of energy)? Explain briefly. iD. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? l'l¥~s ~,~o FART ;II--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) ;NSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should he assessed in connection with its (~) set~tng (i,e. urban or rural); (b) probahi[ity of occurring; (c) duration: (d) irreversibility; (e) geographic scope; anq (f) magnitude. If necessary, add attachments or, reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have b~aec iqentifieq anq adec~uately addressee, if question D of Part II was checked yes, the determination and significance must evaluate the. potential impact of the proposed action on the environmental characteristics of the CFA. [] Check this box if you have identified one or more potentially large, or significant adverse impacts which MAY occur. Then proceed directly to the FULL EAF and/or prepare e positive declaration. /~ Check this box if you have determined, on any based the information and analysis above and supporting documentation, ~hat the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: P U R C H A S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hal~ 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 70 OF 2001 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 3, 2001: WHEREAS the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights of agricultural lands for a certain parcel of property owned by George and John Starkie on 3rd day of January of 2001, pursuant to the provisions of Chapter 25 and/or Chapter 6 (2% Community Preservation Fund) of the Town Code the Town Board, at which time all interested parties were given the opportunity to be heard; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold purchase the Development Rights of these agricultural lands now therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase the development rights of a certain parcel of property of aghcultural lands owned by George and John Starkie, located on the East side of Sterling Lane (r-o-w), in Cutchogue, New York, comprising approximately 16.9 acres of a 18.74 acre parcel identified as SCTM# 1000-96-3-2, at the price of $9,400.00 (nine thousand four hundred dollars) per acre pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and/or Chapter 6 (2% Community Preservation Fund) of the Code of the Town of Southold; and be it FURTHER RESOLVED that the parcel is to be purchased either outright by the Town of Southold, or acquired under the Suffolk C6unty Preservation Partnership Program whereby Suffolk County would appropriate an amount equal to 50% of the total cost of acquisition; or under the Suffolk County Greenways Program whereby Suffolk County would appropriate an amount up to 70% of the total cost of acquisition. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT GEORGE STARKIE and JOHN STARKIE to TOWN OF SOUTHOLD SCTM #1000-96-3-p/o 2 Total Parcel Acreage -- 18.7628 acres Development Rights Easement -- 16.8252 acres (includes 0.1538 right of way) 16.6714 buildable acres @ $9400.00/acre 830 Sterling Lane, Cutchogue, New York Closing held on Wednesday, November 14, 2001 at 10:00 a.m. Southold Town Hall, 53095 Route 25, Southold, New York Purchase Price: Payable to George Starkie - $78,355.58 Check #64675 (11/14/01 ) Payable to John Starkie -$78,355.58 Check #64674 (11/14/01 ) $156,711.16 Expenses of Closing: Appraisal Payable to Patrick A. Given Check #59284 (11/7/00) $ 1,900.00 Survey Payable to Peconic Surveyors Check #60807 (2/13/01 ) $ 2,200.00 Environmental Report Payable to Nelson, Pope & Voorhis Check #63166 (7/31/01) $ 1,170.00 Title Report $ 1,120.00 Payable to Commonwealth Land Title Ins. Co. Check #64676 ( 11/14/01 ) Title policy $1,022.00 Deed recording $ 98.00 Title Closer Atendance Fee Payable to Karen Hagen, Esq. Check #64673 (11/14/01) $ 50.00 Those present at Closing: Jean W. Cochran Gregory F. Yakaboski, Esq. George Starkie John Starkie Anthony J. Addeo, Esq. Karen Hagen, Esq. Melissa Spiro Southold Town Supervisor Attorney for Town of Southold Seller Seller Attorney for Seller Title Company Closer Land Preservation Coordinator PAY TO QRDER OF ,,or~h&?hll, mlO2~,hOSh?,h~: ~,t OOOOOh O,m VENDOR #19761 JOHN STARKIE 11/14/2001 CHECK #64674 FUND/ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT H3.8660.2.600.100 111401 STARKIE TO TOWN OF SOUTHOLD SCTM #1000-96-3-2 78,355.58 TOTAL **$78,355.58** PAY TO THE ORDER OF GEOgGE S,T, ARKIE F~NGD~E,: 'NEW YORK 11 ~3~5 ,'O&h&?5"' ~:OB&hOShgh~: ~5 O0000h 0"' VENDOR #19759 GEORGE STARKIE 11/14/2001 CHECK #64675 FUND/ACCOUNT INVOICE # PO # DESCRIPTION AMOUNT H3.8660.2.600. 100 111401 STARKIE TO TOWN OF 78,355.58 SOUTHOLD $CTM #1000-96-3-2 TOTAL **$78,355.58** PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (516) 360-3474 FAX 360-3622 October 13, 2000 Town of Southold Land Preservation Committee 53095 Main Road Southold, NY 11971 Appraisal of Property of George and John Starkie, S.C.T.M. #1000-96-3-2 plo Located East Side of Sterling Lane (ROW), Cutchogue, NY $1,900.00 File #2000275 GL108S 20 TOWN OF SOUTHOLD ** Actual ~ndor.. 007416 GIVEN, SRPA/PATRICK JE Date Trx. Date Fund Account ......................... Use Acti 4/11/2000 4/11/2000 H2 .600 8/15/2000 8/15/2000 H2 .600 8/15/2000 8/15/2000 A .600 9/12/2000 9/12/2000 H2 .600 9/26/2000 9/26/2000 H2 .600 10/10/2000 10/10/2000 H2 .600 10/10/2000 10/10/2000 A .600 10/10/2000 10/10/2000 A .600 10/10/2000 10/10/2000 SA .600 10/24/2000 10/24/2000 H2 .600 11/07/2000 11/07/2000 H2 .600 ~ 11/07/2000 11/07/2000 H2 .600 ,, 11/14/2000 11/14/2.000 H2 .600 ,, 12/12/2000 12/12/2000 H2 .600 .600 ,, 1/03/2001 1/03/2001 H4 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. Detail7 -GL100N .......... W-11072000-667 Lane: 115 Formula: ' 6' Account.. H2 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 11/07/2000 SDT 11/13/00 Trx Amount 1,900.00 Description.. APPRAISAL-STARKIE PROP Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRiCK A. Alt Vnd.. CHECK ........ 59284 SCNB Invoice Code. 200O275 VOUCHER ...... P.O. Code .... 07358 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. N Date Released 11/07/2000 Date Cleared. 11/30/2000 F3=Exit F12=Cancel PECONIC SURVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 ® Fax (631) 765-1797 JANUARY 19, 2001 SOUTHOLD TOWN LPC P.O. BOX 1179 SOUTHOLD, NY 1971 JOB #: 00-274(B) FOR PROFE,$SI()NAI. SERVICES I~,ENDI*-RED, SURVEY OF PROPERTY AT CUTCHOGUE, NY S.C. TAX #: 1000-96-03-02 FEE: $ 2,200.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, JE Date Trx. Date Fund Account ............................. Begi 9/16/1997 9/16/1997 DB 600 1/2o/1990 2/18/1999 4/13/1999 8/lS/20o0 11/07/2ooo 11/07/2000 11/14/2000 12/12/2000 12/12/2000 12/12/2000 1/30/2001 1/30/2001 1/30/2001 1/20/1998 2/18/1999 4/13/1999 8/15/2000 11/07/2000 11/07/2000 11/14/2000 12/12/2000 12/12/2000 12/12/2000 1/30/2001 1/30/2001 1/30/2001 A 600 A 600 A 600 H2 600 DB 600 H2 600 H2 600 H2 600 H2 600 H2 600 H2 600 H2 600 H2 600 2/13/2001 2/13/2001 H2 600 ......................... Use Acti Disburs Inquiry by Vendor Nam~ .............. Detail--GL100N .............. W-02132001-589 Line: 253 Formula: 0 Account.. H2 .600 Aect Desc ACCOUNTS PAYABLE Trx Date ..... 2/13/2001 SDT 2/14/01 Trx Amount... 2,200.00 Description.. SURVEY-STARKIE PROPERTY Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. Alt Vnd.. CHECK ........ 60807 SCNB Invoice Code. 00-274(B) VOUCHER ...... P.O. Code .... 07681 Project Code. Final Payment F Liquid. Type of 1099. N BOX. Addl. Fixed Asset.. N Date Released 2/13/2001 Date Cleared. 2/28/2001 F3=Exit F12=Cancel Pope & Voorhis, LLC 572 Welt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 01122 Project: Starkie Propert3, Manager McGinn, Steven VA585 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Grog Yakaboski Invoice #: 532 Invoice Date: June 21, 2001 Invoice Amount 70.00 ~V~AraC C~IEC~ PAVABI~E TO ~a~LSON l'OP~ &voomiIS ~'~,' Professional Services for the Period: 7/'1/00 to 6/14/01 Contract Item #1:' Prepare Phase I - Environmental Site Assessment $1,170.00 Specified Fee: *** Total Project Invoice Amount $1,17O. O0 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y JE Date Trx. Date Fund Account ......................... Use Acti 4/10/2001 4/10/2001 B .600 4/26/2001 4/26/2001 H3 .600 5/22/2001 5/22/2001 H2 .600 7/31/2001 7/31/2001 H3 .600 8/14/2001 8/14/2001 H3 .600 8/14/2001 8/14/2001 B .600 8/14/2001 8/14/2001 B .600 8/1~/2001 8/14/2001 B .600 8/28/2001 8/28/2001 H3 .600 9/25/2001 9/25/2001 a .600 10/09/2001 10/09/2001 H3 .600 10/09/2001 10/09/2001 H3 .600 11/08/2001 11/08/2001 A .600 12/04/2001 12/04/2001 A .600 12/18/2001 12/12/2001 H2 .8686.2.0 ......................... Use Acti ~¢t Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GL100N W-07312001-319 Line: 252 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 7/31/2001 SDT 7/30/01 : Trx Amount... 1,170.00 : Description.. PHASE 1-ESA-STARKIE/TOS : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOOR/{IS, : Alt Vnd.. : CHECK ........ 63166 SCNB : Invoice Code. 532 : VOUCHER ...... : P.O. Code .... 08017 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. N : Date Released 7/31/2001 : Date Cleared. 8/31/2001 : F3=Exit F12=Cancel : : PAY TO THE ORDER OF PO BOx 4t~9 RIVERHEAD, NEW YORK 11901 ~'Ogt, g?g,' ~:OS;hOSh~h': ga O0000t, 0"' VENDOR #3350 COMMONWEALTH LAND TITLE INSURANCE CO. FUND/ACCOUNT INVOICE # PO # DESCRIPTION 11/14/2001 CHECK #64676 AMOUNT H3.8660.2.600.100 111401 STARKIE TO TOWN OF SOUTHOLD FEE POLICY RECORD 7 PAGE DEED 1,022.00 98.00 TOTAL **$1,120.00'* TOWN OF SOUTHOLD . SOUTHOLD, NY 11971-0959 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 003350 COMMONWEALTH LAND T Date Trx. Date Fund Account ...................... Use Acti 10/23/2001 10/16/2001 H3 ,, 10/23/2001 10/16/2001 ~ 12/04/2001 11/14/2001 12/04/2001 11/14/2001 12/18/2001 12/12/2001 12/18/2001 1/29/2002 1/29/2002 3/26/2002 4/25/2002 4/25/2002 4/25/2002 5/21/2002 5/21/2002 12/12/2001 1/16/2002 1/16/2002 3/26/2002 4/15/2002 4/15/2002 4/15/2002 5/21/2002 5/21/2002 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H2 .8686.2.0 H2 .8686.2.0 H2 .8686.2.0 H2 .8686.2.0 H3 .600 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .600 H3 .600 8/13/2002 8/06/2002 H3 .8660.2.6 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name Detail--GLl00N : H-12042001-636 Line: I Formula: 0 : : Account.. H3 .8660.2.600.100 : :Acct Desc LAND ACQUISITIONS : : Trx Date ..... 11/14/2001 SDT 12/03/01 : : Trx Amount... 1,022.00 : : Description.. FEE POLICY-STARKIE : : Vendor Code.. 003350 : : Vendor Name.. COMMONWEALTH LAND TITLE : Alt Vnd.. : CHECK ........ 64676 SCNB : Invoice Code. 111401 : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. N : Date Released 11/14/2001 : Date Cleared. 12/31/2001 : F3=Exit F12=Cancel : GL108S 20 TOWN OF SOUTHOLD ** Actual 003350 COMMONWEALTH LAND T Y JE Date Trx. Date Fund Account ......................... Use Acti ,, 10/23/2001 10/16/2001 H3 .8660.2 6 ,, 10/23/2001 10/16/2001 ,, 12/04/2001 11/14/2001 ~ 12/04/2001 11/14/2001 12/18/2001 12/12/2001 12/18/2001 12/12/2001 1/29/2002 1/16/2002 1/29/2002 3/26/2002 4/25/2002 4/25/2002 4/25/2002 5/21/2002 5/21/2002 1/16/2002 3/26/2002 4/15/2002 4/15/2002 4/15/2002 5/21/2002 5/21/2002 H3 .8660.2 6 H3 .8660 2 6 H3 .8660 2 6 H2 .8686 2 0 H2 .8686 2 0 H2 .8686 2 0 H2 .8686 2 0 H3 .600 H3 .8660.2.6 H3 .8660.2.6 H3 .8660.2.6 H3 .600 H3 .600 8/13/2002 8/06/2002 H3 .8660.2.6 ......................... Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : H-12042001-636 Line: 2 Formula: 0 : : Account.. H3 .8660.2.600.100 : : Acct Desc LAND ACQUISITIONS : : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. : Fixed Asset.'. N : Date Released 11/14/2001 : Date Cleared. 12/31/2001 : F3=Exit F12=Cancel 11/14/2001 SDT 12/03/01 : 98.00 : RECORD DEED-STARKIE : 003350 : COMMONWEALTH LAND TITLE : 64676 SCNB : Addl. : ,'O&L,r~?:hl' ,:08&1,051~,1,~: r~, O000Ol, 0,' VENDOR #7707 KAREN HAGEN, ESQ. FUND/ACCOUNT 11/14/2001 INVOICE # PO # DESCRIPTION CHECK #64673 AMOUNT H3.8660.2.600.100 111401 TITLE CLOSER FEE STAILKIE TO TOWN OF SOUTHOLD 50.00 **$50.00** Karen J. Hagen Attorney and Counselor at Law 2675 Kerwin Blvd. (516) 477-3466 Greenport, N.Y. 11944 Pager # 263-0062 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007707 KAGEN/KAREN Y JE Date Trx. Date Fund Account ............................. Begi 9/15/1998 9/14/1998 A .1620.2.2 1/12/1999 H1 .8686.4.0 1/13/1999 H1 .8686.4.0 2/05/1999 H1 .8686.4.0 3/20/2000 H2 .8686.2.0 6/21/2000 H2 .8686.2.0 12/20/2000 H3 .8660.2.6 2/12/2001 H2 .600 2/23/2001 H3 .600 3/05/2001 H3 .8660.2.6 3/15/2001 H3 .8660.2.6 4/27/2001 H8 .8160.2.6 5/01/2001 H3 .8660.2.6 6/25/2001 H3 .8660.2.6 1/19/1999 1/19/1999 2/18/1999 3/28/2000 7/06/2000 12/22/2000 2/12/2001 ~/23/2001 ~/13/2001 ~/27/2001 5/o8/2OOl 5/08/2001 7/03/2001 12/04/2001 11/14/2001 H3 .8660.2.6 ......................... Use Acti Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : H-12042001-636 Line: 3 Formula: 0 : : Account.. H3 .8660.2.600.100 : : Acct Desc LAND ACQUIS%TIONS : : Trx Date ..... 11/14/2001 SDT 12/03/01 : : Trx Amount... 50.00 : : Description.. TITLE CLOSER FEE-STARKIE : : Vendor Code.. 007707 : : Vendor Name.. HAGEN/KAREN : : Alt Vnd.. : : CHECK ........ 64673 SCNB : : Invoice Code. 111401 : : VOUCHER ...... : : P.O. Code .... : : Project Code. : : Final Payment P Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. N : : Date Released 11/14/2001 : : Date Cleared. 12/31/2001 : : F3=Exit F12=Cancel : Dated: November 14, 2001 Closing at Southold Town Hall Starkie to Town of Southold The Sale of development rights from Starkie to Town of Southold closed this date, with all documents including the deed and checks being executed, subject to the following escrow agreement: All documents, including deeds and checks, will be held in escrow by Gregory F. Yakaboski, Esq., Southold Town Attorney, pending receipt of subordinations covering two (2) mortgages and the recording fees for same. Gregory F. Yakaboski, Esq., Southold Town Attorney, agrees to forward two (2) Southold Town checks, each in the sum of $78,355.58 payable to John Starkie and George Starkie, to Anthony Addeo, Esq., attorney for John & George Starkie, upon delivery of two (2) subordination agreements in proper recordable form regarding mortgage set forth in mortgage schedule of title report prepared by Commonwealth Land Title Insurance Company #RH80012195. Gregory F. Yakaboski, Esq. is authorized to release all documents including the deed for development rights to the title closer for recording upon receipt of a letter from Anthony Addeo, Esq. acknowledging receipt of the two (2) separate Town checks ($78,355.58 p..Egy_able to John Starkie and George S tar~~ G°rregory FT. Yakabosl(~, Esq. .~ 1101 03:53p DEC TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD R E C O R D E D D E E D Su~'~'OLK COUNTY CLERK RECORDS 0~-£ CE RECORDING PAGE Tl~e of Instrument: DEEDS/~DD · ~,~er of Pages: 8 TRANSFER TAX NUMBER: 01-22437 District: Section: 1000 096.00 Deed Amount: Block: 03.00 Recorded: At: LIBER PAGE EXAMINED ~ CHA~ GED AS FOLLOWS $156% ,711.1.6 ~' 01/14/2002 04:14:40 PM D00012163 329 Lot: OO2.OOO Received the Following Fees For Above Instrument Page/Filing $24.00 NO H~nc%ling COE $5.00 NO EA-CTY EA-STATE $25.00 NO TP-584 Cert. Copies $0.00 .. NO RPT SCTM $0.00 - NO ~ ~Transfer tax Comm. Pmes $0.00 NO · Fees Paid TRANSFER TAX NUMBER: 01-22437 THIS PAGEi~ A PART OF TRE' ~NSTRUMENT Exempt $5.00 NO $5.00 NO $5.00 NO $50.00 NO $0.00 NO $ q~.O0 Edward P.Romaine County Clerk, Suffolk County Number bf p~ges TORRENS Prior Cfi. # Affidavit Certified Copy Rt'~g. Copy l~ed /Mongage Tax Slamp FEES Real Pro ~erty 'C~.x Service Agency Verificati~ Dist. Section B lock I ,t?l I~ot SatisfacliondDischargc~Releas~s List P~pe~y Owne~ Mailing Addr~s~ RECORD & RETURN TO: ~E~OP, I)EP EOoarcl P. Rc~line CL~ OF ~UFFOLK CO~4W Igi0012163 P Y29 01-22437 Recording,/Filing Stamps Mortgage Amt. l, Basic Tax 2. Additional 'fax $pecdAasit. Spcs:./Add. Dual Town Dual Courtly__ Held for Appo~i°nln/mt. 'lYansfer Tax ~ IVlansion Tax .. The propcrly covered §y tMs n{o~lgagc is or will be improved by a one or two family dwe!}ing only. If NO, see approp~:iate lax clause on page Of this ins~ainent. tonsideration Amount TD TD / ] Title Company Information Suffolk County RecOrding & Endorsement Page ~_~(.SPECI F Y TYPE OF IN S'IT(UMEN I' ) '7, ~¢~r-~f~- .~'Tt"cx~/~." C 1he premiss herein is ~it~ed in :q¢~/~ SUFFOLK mum', NI~W YO~ ~U ~ ~S'I' BE TYPED OR PI~D 1N BLACK INK O~I.Y PI~OK TO ~C~)RD~O O~ FILINg. (OVER) .,DEED OF DEVELOPMENT RIGHTS TI-US IN'DENTURE. madethis 14~'dayofNovember. 2001, BETWEEN GEORGE STARKIE and JOHN STARI,2.E.,. residing at 141 S. Main Street, Farmingdalo, New York, party oftb. e llrat part. AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of budness at Main Road~ Town ot'Southold. County of Suffolk and State o£ .'New York, party oflhe second part: WITNESSETH, that the party of the first part, m consideration o£ One hundred fil~,-six thousand seven hundred eleven and 16/100 I$156.711.16) lawlhl money of the Unit~ States and ofl~cr good and valuable consideration paid by the parly of the socond part. DOES HEREBY GRANT AND'RELEASE unlo the party of thc second part. its successors and assi~m-ts forever. THE DEVELOPMENT RIGHTS, by which is meant Ihe permanent legal interest and right, as authorized by seclion 247 of tl~e New York State General Municipal Law, as amended, to permit, require or reslrict the use o£the premises exclusively for a~icultural production as that term is presently defined in Chapter 25 of the Town Code of thc Town of Southold. and the right to prohibit or restrict the use of the premises and any structures tl:ereon for any purpose other than agi'icnltura! production, to the property described as follows: ALI. that certain plot, piece o~: parcel of land, sittmte, 134rig mid being in the Town of Southold, Cotmty of Suffolk and State 'of New York, bounded and described as follow~: ALL that ¢~.qlain plot. piece or par,~cl of land, situate, lying and being at C:utchogo¢, Town Sonthold, County of Suffolk and State of New York, being Lot 2 as shown on a ce~lam map entitled "Se]off I'or George & John Starkic pm twularly bounded and described as t'ollows: BEGINNING al a point in the center line ora right o~'Way where ihe s0uther]y line of I,ot 2 as show~l on the albresaid also being in the northerly line of Lot I as sho~va on a map entitled "S.II. Fricman Others" filed in thc Office of thc Sul'£o]k County Clerk as amp #9436. is intersected by thc center line of said fight of way, said poinl and place of beginning being North 43 degrees 24 minutes ] 0 seconds Weal a distance o~' 1876.00, feet as,mens]u-ed along ]be center line of said right of way from the intersection tOrn]ed by the northerly line of Main Road (lxrYS Route 25) with the cen~r line of said fight of ss;ay: RUNNING TIt~N(:E t~]m said point and place ofbeg/n.ning along said ccnlcr line or,id right of way and file easterly line el'lands now or formerly of lin]ds of Scott and the Town of Sou]hold North 43 degrees 24 minutes 10 seconds West a distance of 609.20 feet to a point and thc southerly linc of Lot I shown on nvtp entitled ".qetoft'fo~-George & John Starkie"; THENCE North 46 degrees 35 minutes 50 seconds East a distance of 211.00 feet to a point; THENCE North 43 det-wees 24 minu~eS I 0 seconds W~.*t a distanc, e of 4tl0.00 feet to thc point; THENCE Soutb 46 degrees 35 minutes 50 secnnds West a distance of211.00 t~et to a point: TI4ENCK North 43 degrees 24 mi.nutes I0 seqonds W6St a distance of 41)3.49 feet to a point and lands now or formerly of Goerler and thc To~,.'n of Southold: TIIRNCE North 52 degrees 50 minutes 31.1 s~.'con01s £ast a distauee of g3 I.'46 feet to a point: THENCE South 44 degrees 50 m nutes 20 seconds East a dista]~ce of 695.93 feet to a point and land now or formerly oflmbriano: THENCE South 47 degrees 07 minutes l0 seconds We~t, 104.29 feet; 'IIIEN('E South 43 degrees 44 minutes 50 seconds East a d/,qtance of 653.87 feet W a point and the northerly I/ne of Lot 1 as showo on a certai!,~ map ·entitled "S.H.l.'rlenmn & Others" filed in the Office of ti]c Sult;.~lk Count3-' Clerk as Map #9436; ' TII-ENCE South 47 degrees 04 minuies 50 se'conds west. 5-14.72 feet to thc center line ~f the right of way and the point nr place of BEGINNING. TOGETHER ,,,,'/th a Right of Way I I tk:et in width runaing between thc northerly linc of the Main Road, and the southerly line of Ifc Long Island Raih'oad, thc casl~:Hy I~n¢ of which is thc x~esterly line of the abox'e described premises and direcl prt, longatio~l there]il' norlhcrly and southerly. SUIIJE(.'T to a Right of Way I l:f~et in Width running between Ihe northerly line of the Main Road aud thc s~}utherly line of the Long [,qland Railroad. thc westerly line of which is the westerly line of the above described premises and direct prolongs]tim thereof northerly and southerly. Said two Rights of Way together constitute a 22 [~ot wide private road sometimes called "gterling Lane". 2 TOGETHER with the non-exclusive right, if any, of tho party of the first part as to thc use lbr ingress and ogress of any streets and roads abutting tho above described premises to the center lines thereol: TOGETHER with the appurtenances mid. all the estate and rights of the party et' the first part in and to said premises, insofar as the fights granted hareunder are concerned. TO HAVE AND TO HOLD the said Development Rights in tho premises herein granted uarto the party of the seexmd part, its successors and assigns, forever: AND the pm~y of the lirst part covenants that the party of the first part has not done or suffered anything whereby the said premises have been :enctunbered in any way whalever, except as aforesaid. The party o£the first part, as a covenant rmming with the land in perpetuity, fi~rther covenants and agrees for the part~ Of the first pan. and the heirs, legal representatives,; successo~ alud as~igng~ of the pm~y of the lirst pat't, to use the premises on and after the date of this insmm~ent solely lbr the purpose of agricullural production. AND The p~'trty office first parL as a covenant rmmmg with the land in perpetuity, further covenants and agrees for the party of file firsl part, and the heir's, legal representatives, successors and assigns of the party of the first part. that the parcels of real properly described herci~ are open lands actually used in bona fide agricultural production as defined itt GML section 247 and shall remain op~.n lands actually used in bona fide agricultural prodnctJ6n. This co¥cnant shall rmi with thb land itt perpetuity. AND the pany or' the first part. covenants~in all aspects to comply with Section 13 el'thc Lien Law, as same applies with said conveyance. THE party of tile first part and the patJy of tho second part do hereby covenant and agree in perpetuity that either of thom or their ?espective lloirs, suecessors, legal rep~scn[tatives or assigns, shall only usc fl~e pr~.nnises on and after this date for the purpose of such a~iculmia[ production and the grantor covc~ants and agrees that the tmderlying fee title may not bc subdivided into plots by the filing of a subdivision illap pursuant to Sections 265. 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of sud~ sections of the To~ or Real Properly Law or any laws replacing or in ftmherancc'of thent. The underlying t~¢ may be divided by conveyanc~ of parts thereof to heirs and next of kin, by will or by operation of law, or ~vith the writlen recordabl~ consent 'of thc Purchaser. '- This co~,enant sha~f run with the land in perpetuity. Nothing contained herein 'stlall prohibit the sale of th~' m~dorlying llec or any portion thereo~ THE word "party" shall be construed as flit reads '~partieS" whenever tho sense o£ this indehture so r~uires. THE party of thc first part, th'e heirs, legal representati~;es, successors and assigns of the party of the first part covenants and agree~ that it will (a) not generate, store or dispose of hazardous substances on the prtm~ises, nor allow others to do so; (b) comply with all of thc Envirotm~ental Laws; allow party of the sec6nd part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement: Tiffs covenant shall rmt with the land in perpetuity. 4 THE par~y of the first part, its he,rs, l~gal represenlatives~ successors and assigns of the parry o£the first part covenants and agrees tha~ it shall indcmnil~ and hold parry of the second part and any of it~ officers, agents, employees, and, their respcctive s~ccessors mtd assigns, harmless £rom and against any and a~l damages, claims, losses, liabilities and exp~nses, including, without limitation, responsibility lbr legal, consulting, en~neering and other costs and expenses which may arise out of (1) any inaec~racy or m~sreprcsentation m any representation or warranly made by seller in this a~eement; (2) ~he breael~ or non-performance of any covenants required by this agree, men! to be perlbm~exl by the party, of the first part, either prior to or subs~luent to the closing of title herein; or ~3) any action, suit, claim, o~' pr0ceeding'see~ing mo~ey damages, h~janctive relief, remedial action, or o~ei' remedy by r~ason of a violati0n or non-compliance with any envirom~ental law; or the ~i~spo~al, discharge ~r release of s611d wastes, pollutants or hazardous substanoes; or exposure to ~n~ chemical~sulJstances, noises or vibrations to the ex,out they arise from the ownership, operatio~, and/or condition of the premises prior to or subsequent 1o the execution of the deed of Development Rights. This covenant shall run with tho land in perpetuity. AS sot forth in Chapter 25 Of the Town Code 'of the Town of Southold DEVELOPMENT RIGIT['S acquired by the Towu pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the aftSnnatlve vote ora majority of the Tow~ Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or bicmfia[ town election. No subsequent amendment of the provisions of this subsection shall alter the lhnitations imposed upon the alienation o£ development fights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. THE TOWN, by its purchase of this parcel, is eli~bte for a grant t?om the Ne~v York State Department ofAgriculttu, e. A requirement oflhis grant is that the contract and deed must contain the following language: "all anaendments to the approved easement (the covenants and restrictions set forth Ja~ Ihe Deed) must be authorized by the New York State Department of Agriculture". This covenant shall mn with the land ht perpetuity. 1N WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. Sellcrs: Purchaser: !ohn Star~e/ Town of Southold 16~n W. Cochran, Superx isor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the 14'h day of November. 2001, before mc personally appem~:l GEORGE STAKKIE. personally known lo me or provided to me on the basis of satisfactory evide, nc. to be the individual whose name is subscribed to the within instrmneat and acknowledged to me that he executed the same and fl~at by his signature on the mstrun~¢nt, thc individual, or the person upon belhalf of which the individual acted, execuled the instrument. , Notary Public ~ (_..) KAItEN J. HAGEN NOTARY PUBUC, State of Ne~ ~ork NO. 021'~4927029 O~n .Ou.~l[~ied In Suffolk Courtly ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the 14th day of November, 200I, before me personally appeared JOHN STARK1E. personally known to me or provided to mc on the 'basis of satisfactory evidence to be the individual whose ]~ame is ~ubscribed to the within instrument and ackumwledged to me that he exeCuted the; same and flint by his s~gnature on the instrument, the individual, or the pemon upon beh~tf of which the indioidual acted, STATE OF NEW YORK ) c0lrNTY OF SUFFOLK ) ')ss: K~REN J, HAGEN NOTARY PUBLIC, State of NewYor~ No. 02HA4927029 Qualified in Suffolk County Commissio{l ;Expires Matctl 21.20 On thc 14th day of November, 2001, before me personally appeared JEAN W. COCHRAN, personally known to me or'provided Io me on thc basis o£ satisfactory evidence to be the individual whosc n~c is subscribed to the within instrumcnt acknowl~ged to me that she executed tl~e same in her capacity as Supe~isor of the TOWN OF SOUTHOLD, m~d ~at by her signature ou ~c i~ment, the individual, or thc mmficipal co~oration upon behalf of Milch the indi*idual actM, executed the ins~ment. Qualified in Suffolk Coun~ Commission ~pires March 21,20 7 RECORDED 20_~"z .Jan 14 04:14:40 PM Edward P. Rm~a'ine O_F_.RK OF SUFFOLK COUNTY L I)0001216,3 DT~ 01-224.~7 T I T L E P 0 L I C Y ISSUED ]BY COMMONV~oALTH LAND TITLE INSURANCE COMPANY Commonwealth A LANDAMERICA COMPANY 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 othe~ 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 Attest: By: President EXCLUSIONS FROM COVERAGE The following matters arc expressly excluded from thc coverage of this policy and thc Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmentaI regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (il the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improve- ment now or hereafter erected on thc land; (iii) a separation in ownership or a change in thc dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. Co).Any governmental police power not excluded by (al above, except to thc extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting 'fror6 a violation or alleged violation affecting thc land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of thc exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (al 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 (el resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (al thc transaction creating thc estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (il to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM I PA10 ALTA Owner's Policy (10-17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page LANDAMERICA PRIVACY POLICY NOTICE Dear LandAmerica Customer: The Financial Services Modernization Act recently enacted by Congress has brought many changes to the financial services industry, which includes insurance companies and their agents. One of the changes is that we are now required to explain to our customers the ways in which we collect and use customer information. The statement attached to or on the reverse side of this letter is the privacy policy of the LandAmerica family of companies. The three largest members of the family - Commonwealth Land Title Insurance Company, Lawyers Title Insurance Corporation, and Transnation Title Insurance Company - may issue policies and handle real estate closings in virtually every part of the country. A number of other companies in the family provide other real estate services, and some operate more locally. You may review a list of LandAmerica companies on our website (www.landam.com). You may also visit our website for an explanation of our privacy practices relating to electronic communication. Our concern with the protection of your information has been a part of our business since 1876, when the company that is now Commonwealth Land Title Insurance Company issued its first policy. We will continue to protect the privacy, accuracy, and security of customer information given to us. No response to this notice is required, but if you have questions, please write to ns: LandAmerica Privacy P.O. Box 27567 Richmond, VA 23261-7567. LandAmerica Companies Title Insurance Companies: Commonwealth Land Title Insurance Company, Commonwealth Land Title Insurance Company of Now Inr~y, Industrial Valley Title Insurance Company, Land Title Insurance Company, Lawyers Title Insurance Corporation, Title Insurance Company of America, Trananation Title Insurance Company, Transnation Title Insurance Company of New York Relocation andMort~ages: Commonwealth Relocation Services, CRS Financial Services, Inc., LandAmerica Account Servicing, Inc. Title Agents: Austin Title Company, ATACO, Inc., Albuquerque Title Company, Atlantic Title & Ab~n~ct Company, Brighton Title Services Company, Capitol City Title Services, Inc., CFS Title Insurance Agency, Charleston Title Agency; Charter Title Company of Fort Bend, Galveston, and Sugarland; Commercial Settlements, Inc., Commonwealth Land Title Company; Commonwealth Land Title Company of Austin, Dallas, Fort Worth, Houston, Washington, Congress Abs~act Corp., Cornerstone Residential Title, Cumberland Title Company, First Title & Escrow, Inc., Gulf Atlantic, Hasbour Title, ItL Title Agency, Lawyers Title Company; Lawyers Title of Arizona, El Paso, Galveston, Nevada, Pueblo, San Antonio, Lawyem Title SeOlemant Company, Lion Absh-act, Longworth Insured, Louisville Title Agency of Central Ohio, Lorsin County Title Company, M/I Title Agency, NIA/Lawyers Title Agency, Oregon Title, Park Title, Par~ers Title Company, Pikes Peak Title Services, RIWAffirm Title Agency, Rainier Title Company, Residential Absh'aet, Residential Title, Rio Rancho Title, Texas Title Company, Title Transfer Service, Inc., TrsnsOhio Residential Title Agency, Transnation Title & Escrow, Union Title Agency, University Title Services, Wilson Title Company .~ppraisalsand.~ncillaryServices: LandAmerica OneStop, Inc. FORM 3391-6 (May 2001) NO,V, 14, 2001 IO:21AM. CLTIC RIVERHEAD NO. 010 P, File No.: RH800:~2195 Commonwealth SCHEDULE A Amount of Tnsurance.' $156,711.16 Date of Policy No,; RH80012195 Policy: November 14, 2001 Name of Znsured: TOWN OF SOUTHOLD, a municipal corporation The estate Or interest in the land which ia Covered by this policy is: Development Rights Title to the estate or interest in the land is vested in: TOWN OF SOUTHOLD, a municipal corporation Dy deed made by GEORGE STARKZE and 3ONN STARKZE~ joint tenants to the ZNSUP, ED deted November 14, 2001 and to be recorded in the Office of the Clerk/P, egister of SUFFOLK County. The land referred to in this policy is described on the annexed Schedule A - Description. Countersigned: /~-'-~' ~ Authorized Officer or Agent Fee Policy Insert DEC, 12.2001_ 9:50AM--- CLTIC RIVERHEAD- NO, File No,: RH80012195 P, 2/2 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 r~eason of the following: Rights of tenants or persons in possession. 2. Right of Way recited in deed recorded in Uber 1325 page 321. Repeated in deeds recorded in Liber 8840 page 417, Liber 9194 page 399 and Liber 10346 page 31. Declaration recorded fn Liberl10596 page 510. Terms~ Covenants, Conditions and provisions of Development Rights contained in the deed to be recorded from the CerUfied Owners herein to the Town of Southold, Survey made by Peconic Surveyors P.C. last dated 11/3/01 Covering premises and more shows subjec~ premises as vacant land. (a) nursery fields (b) utility poles and overhead wires in westerly area (c) 1t foot wide right of way over westerly portion of the premises (d) dir~ roads traverse the premises and at variation to record lines. No other variations or encroachments. Company excepts possible rights of others than the insured, in~ to, and over the unpaved dirt roads as shown on the survey herein as described in Schedule "A", but policy will insure that the use for Development Rights will not be disturbed by reason thereof and that fee title remains in the insured. (For use where the County of Suffolk is the purchaser) 7. Unpaid water charges to date, if any. Fee Policy Inser~ NOV. 14,2001 11:02AM, CLTIC R]VERHEAD 2 NO, 024 P, File No,; RHS0012195 SCHEDULE A - DESCRZPTZON AMENDED 1:1./14/01 ALL that certain plot, piece or parcel of land~ situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York~ being Lot 2 as shown on a certain map entitled "Setoff for George & 3ohn Starkie" particularly bounded and described as follows: BEGINNING at a point in the center line of a right of way where the southerly line of Lot 2 as shown on the aforesaid also being the northerly line of Lot ~. es shown on a map entitled "S.H. Fdeman Others" field in the Office of the Suffolk County Clerk as map #9436, is intersected by the center line of said right of way, said point and place of beginning being NoAh 43 degrees 24 minutes 10 seconds West a distance of 1876.00 feet as measured along the center line of said right of way from the intersection formed by the northerly line of Hain Road (NYS Route 25) with the center line of said right of way; RUNNING THENCE from said poinL and place of beginning along said center line of said right of way and the easterly line of lands now or formerly of lands of Scott and the Town of Southold North 43 degrees :24 minutes 10 seconds West a distance of 609.20 feet to a point and the southerly line of Lot 1 shown on map entitled "Seteff for George & John Starkie"; THENCE North 46 degrees 35 minutes 50 seconds East a distance of 211.O0 feet to a point; THENCE north 43 degrees 24 minutes 10 seconds West a distance of 400,00 feet to the point; THENCE South 46 degrees 35 minutes 50 seconds West a distance of 2[:1.00 feet to a point; THENCE North 43 degrees 24 minutes 10 seconds West a distance of 403.49 feet to a point and lar~ds now or formerly of Gnarler and the Town of Southold; THENCE North 52 degrees 50 minutes 30 seconds East a distance of 631.36 feet to a point; THENCE South 44 degrees 50 minutes 20 seconds East a distance of 695.93 feet to a point and land now or formerly of Xmbdano; THENCE South 47 degrees 07 minutes 10 seconds West~ :104.29 feet; THENCE South 43 degrees 44 minutes 50 seconds East a distance of 653.87 feet to a point and the northerly line of Lot ! as shown on a certain map entitled "S.H. Frieman & Others" filed in the Office of the Suffolk County Clerk as Map # 9436; THENCE South 47 degrees 04 minutes 50 seconds WesL, 544,72 feet to the center line of the right of way and the point or place of BEGXNNTNG, TOGETHER with a Right of Way 11 feet in width running between the northerly line of the Main Roedt and the southerly line of the Long island Railroad, the easterly line of' which is the westerly line of the above described premises and direct prolongation thereof northerly and southerly, ' SUB3ECT to a Right of Way ~.1 feet in width running between the northerly line of the Hain Road and the southerly line of the Long [sland Railroadt the westerly line of which is the westerly line of the above described premises and direct prelongation thereof northerly and southerly, Said two Rights of Way together constitute a :22 foot wide private road sometimes called "Sterling Lane". Title Report Commonwealth File No.: RH80012195 STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ATTACHED TO AND MADE A PART OF POLTCY NO. RH80012195 ISSUED BY COMMONWEALTH LAND T1'TLE I'NSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a pace of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: November 14, 2001 Issued at: Commonwealth Land Title Tnsurance Company 177 Old Country Read, PO Box 419 Riverhead, NY 11901 By, Authorized Officer Standard New York Endorsement (9/1/93) For Use With ALTA Owner's Policy (10/17/92) TQ10037NY (07/00) 1. DEFINITION OF TERMS. Thc following terms when used in this policy mean: (al "insured": thc insured named in Schedule A. and. subject to any rights or defenses the Company would have had against thc named insured, those who succeed to the interest of thc named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributces, devisees, survivors, personal representatives, next of kin. or (b) "insured claimant": an insured claiming loss or damage, (c) "knowledge' or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters a~ffecting thc land. (dj "land": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond thc lines of the area described or referred to in Schedule A. nor any right , title, interest, estate waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (el "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (fl "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect ? Section l(a) (iv) of thc Exclusions From Coverage, "public records' shall also include environmental protection liens filed in the records of the clerk of thc United States district court for thc district in which the land is located. (gl "unmarketability of the title": an alleged or apparent matter affecting the title to thc land, not excluded or excepted from coverage, which would entitle a purchaser of thc estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. Thc coverage of this policy shall confinuc in force as of Date of Policy in in thc land~ or holds an indebtedness secured by a purchase money mortgage given by a p. urchaser from thc insured, or only so long as thc insured shall have ]iabdity by reason of covenants of warranty mede by thc insured in any transfer or conveyance of thc estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (il an estate or interest in the land. or (ii) an indebtedness secured by 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. Thc insured shall notify the Company promptly in writing (il in case of any litigation as set forth in Section 4(al below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interesl which is cause loss or damage for which Ibe Company may be liable by virtue of this policy, or (iii) if title Io the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company. then as to the insured all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided. however, that failure lo 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 extenl of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE. (al Upon written request by the insured and subject to the options con.tained in Section 6 of these Conditions and Stipulations, the Company. al 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 against by this policy. The Company shall have the riehl to select counsel x>f its choice (subject to the right of the insured to objecl for reasonable cause) to represent the insured as to those slated causes of action and shall not be liable for and wi[[ not pay the fees of any other counsel. The against by this policy. (b) The Company shall have the right, at its own cost, to institute and opinion may be necessary or desirable to establish the title to the estate or The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. B 1190-1 (c) Whenever the Company shall have brought an action or intcrposed a defense as required or permitted by ti~e provisions of this policy, the Company may .~ursu¢ any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion. to appeal from any adverse judgment or order. (dj In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the. name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense shall give the Company all reasonable aid (il in any action or proceeding, securing evidence, obtaining witnesses, prosecutmg or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opimon 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 to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company. a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, fhe Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shaft produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks. correspondence and memoranda, whether bearing a date before or after Date of Policy. which reasonably pertain to the loss or damage. Further, if requested by any authorized repx?sentative of the Company , the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine , inspect and copy all records. books, ledgers, checks, correspondence and memoranda in the cuslody 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 the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim, Failure of the insured claimant to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessa[y information from third parties as required in Ihis paragraph shall terminate any liability of the Company under this policy as lo that claim. 6. OPTIONS TO FAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY. In case of a claim under this policy, the Company shall have the following additional options: (alTo Pay or Tender Payment of thc Amounl of Insurance. To pay or tender paymenl of the amount of insurance under this policy together wilh any costs, altorncys' fccs and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of peymant or tender of payment and which the Company is obliga- led to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under Ibis policy, other lhan to make the payment requital, shall terminate, including any liability or obligation to defend, prosecule, or continue any litigatmn, and the policy shall be surrendered to the Company for cancellation, (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (il to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, atlorneys' fees and expenses incurred by thc insured claimant which were authorized by the Company up Io time of payment and which the Company is obligated ~o pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy. Iogetber with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up Io lhe time of payment and which the Company is obligaled to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), Ihe Company's obligations to the insured under this policy for the claimed loss or damage, other than the paymenls required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. Conditions and Stipulations Continued Inside Cover CONTROL NO. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. 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 value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. 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 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in thc proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii} where a subsequent improvement has been made, as to any partial loss, the Company shall only pay' the loss pro rata in the proportion that 120 percent otthe Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. 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 parcels but not all, the loss shall be computed and settled on a pro rata bas~s as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each paree by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY. la) If the Company establishes the title, or removes tbe alleged defect, lien or eflcumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. lb) In the event o.f any litigation, including litigation by the Company or with the Company s consent, the Company shall have no liability for loss or damage until there has been a final determinafion 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 prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro rants. 11. UABIUTY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured ownen 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless Ihe policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. NM 1 PA 10 ALTA Owner's Policy (10-17-92) CONDITIONS AND STIPULATIONS (Continued) (b) Wben liabi[ity and thc extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, thc loss or damage shall be payable within 30 days tbereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. la) Thc Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant, The Company shall be subrogated to and be entitled Is all righls 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 shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrc~gation. The insured claimant shall permit the Company to sue, compromise or seHie in the name of ihe insured claimant and to use the name of lhe insured claimant in any transaction or litigation involving these rights or remedies. ff 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 amounl of the loss. If loss should result from any act of the insured claimanL as stated above, that act shall not void this policy, bul the Company, in that event. shall be required Is pay only that purl 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 claimanl 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 ~nsurance or bonds, notwithstanding any terms or conditions contained in those instrumenls 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 lhe Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $I,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbiteahon is made or, at the option of the insured, the Rules in effect at Date of Policy shah 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. la) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. lb) Any ~:laim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. lc) 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 thai provi- sion andall other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing requked to be furnished the Company shall include the number of this pohcy and shall be addressed to: Consumer Affah's Department, P.O. Box 27567, Richmond, Virginia 23261-7567. Form 1190-3 Cover Page ORIgINAl Valid Only If Face Page, Schedules A and B Are Attached NEW YORK OFFICES NEW YORK CITY 655 Third Avenue New York, New York 10017 (212) 949-0100 FAX: (212)983-8430 BUFFALO 37 Franklin Street, Suite 100 Buffalo, New York 14202 (716) 853~800 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 City, New York 10956 (845) 634-7070 FAX: (845) 634-8513 RIVERHEAD 177 Old Country Road Riverhead, NewYork 11901 (631) 727-7760 FAX: (631) 727-7818 ISLANDIA 1777-6 Veterans Memodal Hwy Islandta, 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) ~x4ERIC~q LAND ~[¥1%E ASSOCIATION Issu~o BY COMMONWE~.LTH LAND ~ I;~SHRANCE COMPANY Commonwealth Ri~hraorut, Virgiafa 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 you r faith in Commonwealth Land Title Insurance Company. Thoro 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 TAle Insurance Company P.O. Box 27567 Richmond, Virginia 23261-7567 TOLL FREE NUMBER: 1-800-446-7086 R E L E A S E A G R E E M E N T S Numberofpag~ TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page / Filing Fee Handling TP-584 Deed / Mortgage Tax Stamp FEES Notation F~t-52 17 (County) Sub Total EA-5217 (State) Cotton. ofFAl. 500 Affidavit Cenified Copy Reg. Copy Sub Total Other GRAND TOTAL ,I Real Propen'y Tax Service Agency Verification Dist. Section B lock Lol Stamp 1000 096.00 03.00 Date Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. AdditionaI Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County_ Held for Apportionment Transfer Tax Mansion Tax The prope~y covered by this mortgal will be improved by a one or twe dwelling only. YES or NO If NO, see appropriate tax clause or __ of this instrument. C0rrmaunity Preservation 1 Consideration Amount $__ CPF Tax Due $ Initials Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: WILLIgM F. BATES, ESQ. 120 Court Street, Box 1463 Riverhead NY 11901 ±1 Vacant Land TD TD TD Title Company Information Suffolk County Recording & Endorsement Page ]]fispagefonmpa~of~eat~hed Release of Part of Mortgaged Premises for Development Rights ~FY TYPE OF INSTRUMENT ) FIRST PIONEER FARM CREDIT, ACA TO GEORGE STARKIE a/k/a GEORGE Tne pmmiseshem~issimat~ SUFFOLKCOUNTY, NEWYORIC M~eTownsNpof SOUTHOLD ~theVILLAGE ma H. S'l'a~xm and duma S'~'a~±~, as Joint Tenants with Right of orHAMLETof CUTCHOGUE Survivorship BOXES 5 THRU 9 MUST BE TYPED OR PPdN/ED ~q BLACK INK ONLY PP~OR TO RECORDrNG OR FILIB RELEASE OF PART OF MORTGAGED PREMISES This Indenture made this 4th day of December, 2001, between FIRST PIONEER FARM CREDIT, ACA, a Corporation organized and existing under the Laws of the United States under the Farm Credit Act of 1971, as Amended, and having its principal place of business at 1281 Route 58, Riverhead, New York 11901, ("Mortgagee") and GEORGE STARKIE a/k/a GEORGE H. STARKIE and JOHN STARKIE, As Joint Tenants with Right of Survivorship, residing at 721 Main Street, Famfingdale, New York 11735, ("Mortgagor"). WITNESETH: That the Mortgagee is the owner and holder of the below-listed Mortgages (ail hereinafter called the "Mortg~tges"); (a) Mortgage dated August 10, 2000, in the amount of $251,000.00 from the Mortgagor, GEORGE STARKIE a/k/a GEORGE H. STARKIE and JOHN STARKIE, As Joint Tenants with Right of Survivorship, to the Mortgagee, FIRST PIONEER FARM CREDIT, ACA, recorded in the Office of the Suffolk County Clerk on August 28, 2000, in Liber 19752 of Mortgages at Page 996; NOW THIS INDENTURE WITNESSETH, that the Mortgagee, in consideration of THIRTY TWO THOUSAND THREE HUNDRED EIGHTY SEVEN AND 00/100'**** Dollar(s) ($32,387..00) lawful money of the United States, and other good and valuable consideration paid by the Mortgagor to the Mortgagee, does hereby grant and release unto the Mortgagor, its successors and assigns forever, any lien or interest the Mortgagee has under the Mortgages, or any of them, DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, m~d Local Law 16-1981 of the County of Suffolk, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, and the right to preserve open space as that term is defined in Section 247 of the New York State General Municipal law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production to all that part of said mortgaged lands situate thereon located in the Town of Riverhead, Suffolk County, State of New York more particularly described on SCHEDULE "A" attached hereto and made a part hereof. Together with the hereditaments and appurtenances thereunto belonging, and all the right, title and interest of the Mortgagee of, and to the same, to the intent that the lands hereby released may be discharged from said Mortgages and that the rest of the land in said Mortgages, not heretofore released, may remain mortgaged to the Mortgagee. To have and to hold the lands and premises hereby released and quitclaimed to the Mortgagor, its successors and assigns, for their own proper use, benefit and behoof, forever, free, clear and discharged of and from all lien and claim under and by virtue of the aforesaid Mortgages. NYSBA PILa, CTICE FORMS 12/95 YCET093 1 S~HEDULE "A" S~O]~ C~ of S~f~ ~ ~ oo~d~ ~d described a~ follow~: BEO~G ~t a po~t m Ffi~ O~ors" filed ~ ~ Offi~ of~e S~fo~ Co~¢ Clgk ~ ~ ~9436, h ~t~ted by ~ ~r line ofs~d fight of way, said ~t ~ pl~e of~g bctng N~ 4~ d~ec~ 24 light of way ~o~ ~ ~/~co~on fo~ by ~ nobly linc of ~ ~ ~S Ro~ 2~) ~ ~ cmt~ lae of said fi~t R~G i'~NCE ~m ~iid poinl ~d place of. being slon~ ~ad c~tcr 1~ of s~d fight of way ~d thc ~I~1), ]~e ofl~ds now or fo~erly ofl~ of Scott and thc T~ of Sou~old N~ 43 dc~ 24 ~mtos T~N~ No~ g6 de~,~s 3! ~nutes ~0 T~H~ No~ ~3 d~ ~ ~nut~ l0 T~N~ $~ ~6 de~e~l ~5 m~u~s 50 scc0~s ~%:c~ a d~t~;c cf21 ! .00 f~l to ~ ~t; T~N~ NOr~ 4~ ge~ 24 n~u~ l0 seconds %Vc~ a distance of 403.49 feet to a ~int ~d 1~ ~OW or f~l~ly of Oo~l~ and the To~ of ~ou~oJd; T~ No~ 52 dc~ccs f0 ~uteg 30 s~on~ ~st a ~i~ce of 631.36 f~t to a point; T~NCE South ~ de~ce~ ~O m/nut~ 20 1~ ~w or fo~erly of THENCE Sou~ 47 de~ee~ 07 m/nu~e I0 ~on~ Wes~ 1~.29 TIEENCE Sou~ 43 de~s ~ minutes 50 ~econ~ East a dis~n~ 0f653,87 ~et to a ~tnt ~d · c northerly line of Lot 1' ~ show~ on & oc~in ~mp s~tRled "S.H Friem~ & O~er~" fii~ ~ ~ Offic~ of ~e Suflblk Co~ Cl~k a~ Map #9435; T~g~CE Somh 47 ~, 04 mnut~ $0 scolds W~t, ~4.72 ~ to ~¢ ecn~r I~e of~e fig~ of ~*y ~d ~ point m place of BEgINnING. Dis. 1000 Sec. 096.00 Blk. 03.00 hot 002.000 p/o . ~ ~OG~ItER ~I~ ~ltE DE~EI~OPMEN~ RIG~S ~O a Right of 11 feet in width, running between the ~ortheri7 line of the Main Road and the Southerly l£ne of the Bonq Island Railroad, the ~asterly line of which is the ~esterly line of the above described premises and direct prolongation thereof Northerly and Southerly. SPECIFICALLY EXCLUDING ALL Rights of ingress and egress to and from the Main Road and Long Island Railroad. 1N WITNESS WHEREOF, this Instrument has been duly year and date above mentioned. FIRS~E~~ BY: . . _ ex/~/ited by the Mortgagee the ,ACA PATRICK K. WILES, Vice-President STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On this 4th day of December, 2001, before me, the undersigned, personally appeared PATRICK K. WILES, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public CYNlHIA CANNON I~OTAI~ PUBLIC, STATE OF NEW YORK NO. 01GA4508729 OUALIFIED IN SUFFOLK COUNl~-~ ~ISSION r:~iR,rr.s, ~c~ ~o, ~0~ RET093 N'~ SBA P KACTICE l;Ol~X.lS 12i95 2 Number of pages TORRENS Serial g Certificate #. Prior Cfi. # Deed / Mortgage lnstrament 41 Page / Filing Fee Handling TP-584 Notation EA-5217 (County) EA-5217 (State) Comm. of Ed. Affidavit Certified Copy Reg. Copy 500 Other 51 Stamp Deed/Mortgage Tax Stamp FEES Date 1000 096.00 Sub Total Sub Total GRAND TOTAL Real Property Tax Service Agency Verification Dist. Section B lock Lot p/O 03.00 002.000 Satisfictions/Discharge~Rele~es ListPropertyOwnersMailing Address RECORD& RETURN TO: WILLIAM F. BATES, ESQ. 120 Court Street, Box 1463 Riverhead NY 11901 Recording / Filing Stamps Mortgage Amt. l. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual County __ Held for Apporlionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page g of this instrument. I~ Preservation Fund Community Consideration Amount $ CPF Tax Due $ improved __ Cacant Land TD TD TD Title Company Information Co. Name Yitle # Suffolk County Recording & Endorsement Page Thspagefom~pmlofthea~ached Release of Part of Mortgaged Premises for Development Rights On£Y(sPECiFYTYPEOFiNSTRLFMEN~) FIRST PIONEER FARM CREDIT, ACA . successor in ±n~erest Eo The prennses herein is sJtuated in SOUTHERN NEW ENGIA~ND FARM CRED]~gJ~FFOLKCOUNYY, NEWYORK. ACA TO In the Townsl~p of SOUTHOLD GEORGE STARKIE and JOHN In~e VILLAGE made by: BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. RELEASE OF PART OF MORTGAGED PREMISES This Indenture made this 4th day of December, 2001, between FIRST PIONEER FARM CREDIT, ACA, Successor in Interest to SOUTHERN NEW ENGLAND FARM CREDIT, ACA, a Corporation organized and existing under the Laws of the United States under the Farm Credit Act of 1971, as Amended, and having its principal place of business at 1281 Route 58, Riverhead, New York 11901, ("Mortgagee") and GEORGE STARKIE and JOHN STARKIE a/ida JOHN W. STARKIE, residing at 721 Main Street, Farmingdale, New York 11735, ("Mortgagor"). WITNESETH: That the Msrtgagee is the owner and holder of the below-listed Mortgages (all hereinafter called the "Mortgages"); (a) Mortgage dated July 29, 1992, in the amount of $210,000.00 from the Mortgagor, GEORGE STARKIE and JOHN STARKIE a/ida JOHN W. STARKIE, to the Mortgagee, SOUTHERN NEW ENGLAND FARM CREDIT, ACA, recorded in the Office of the Suffolk County Clerk on August 13, 1992, in Liber 17985 of Mortgages at Page 29; NOW THIS INDENTURE WITNESSETH, that the Mortgagee, in consideration of ONE HUNDRED AND 00/100'**** Dollar(s) ($100.00) lawful money of the United States, and other good and valuable consideration paid by the Mortgagor to the Mortgagee, does hereby grant and release unto the Mortgagor, its successors and assigns forever, any lien or interest the Mortgagee has under the Mortgages, or any of them, DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by Section 247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, and the right to preserve open space as that term is defined in Section 247 of the New York State General Municipal law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production to all that part of said mortgaged lands situate thereon located in the Town of Riverhead, Suffolk County, State of New York more particularly described on SCHEDULE "A" attached hereto and made a part hereof. Together with the hereditaments and appurtenances thereunto belonging, and all the right, title and interest of the Mortgagee of, and to the same, to the intent that the lands hereby released may be discharged from said Mortgages and that the rest of the land in said Mortgages, not heretofore released, may remain mortgaged to the Mortgagee. To have and to hold the lands and premises hereby released and quitclaimed to the Mortgagor, its successors and assigns, for their own proper use, benefit and behoof, forever, free, clear and discharged of and from all lien and claim under and by virtue of the aforesaid Mortgages. NYSBA PRACTICE FORMS 12,95 RET093 1 S~HEDULE ALL that ce.,°caJn plot, piece o~ parcel of lan~, dtuatc, lyfn~ and bein$ ~ Outcho~ve, Town Of Southold, Coumy of Suffolk a~d Stare of New York, b~ing Lot-2 aS ~hown on a ce~mn map entitled "$eWff ,"or George & BRG~INNI~G at a point m the ceoter llue of a ~t cf~y w~e ~e so~o'ly ~ of Lot 2 ~ ' ~ on ~e ~fo~*~d also being m ~e n~}y line 0fLo~ Ffi~ O~or~' tiled ~ ~ O~ of~e S~f~ Co~ ~k ~ ~ ~9~36, ~ ~ted by ~e ~ line of s~d right of way, said ~t ~ pl~e of ~g bc~ No~ 4~ d~ee~ 24 ~nu{~ I0 scc~ W~: a ~s~ of 1876,~ f~ m meas~ al~ ~c c~ ~e or.id fight of way ~om ~ ~t~seo~on fo~ by fie no~h~ly lin~ o~ ~h ~ ~ Ro~ 25) ~ ~ o~t~ lm~ of said ~ght of ~y; RUN'NENG 'r/~KNCE from rdd poinl and place of beginning alo%g rind c~cr line of ~d ~ght of way ~d Ih~ ~st~ly line of l~ds now or fo~erly of 1~ of Scott and tho To~ of Sou~old N~ 43 dc~ 24 ~utes sou~13' line of Lot I'~ENCE North a6 degrees 35 rmnutes 50 sea0qds East a distance o f 211.00 f~t to a point; THENCE Nor~.h 43 de~e~ ~ minute, s l0 seconds We~ s dist~qce of,~00.O0 feet to the point; TI-flrNC~ South 46 dcD-ecs 35 minutes 50 secor~ds ',ve~t a distance cf211.00 f~ to ~ poet; THENCE North 43 degr~* 24 m~qute~ 10 seconds We,,l a distance of 403.49 feet to a point and lands nOW or forn~tly of'Ooa-l~t and the Town of Sou%hold; TH~qCE North 52 degree.~ 50 minutc~ 30 seconds East s_di~tance of 631.36 feet to a point; THENCE South no, deg-tee~ 50 mi~ute~ 20 seconds E~e~ a d/~anc¢ c;f695.9) feet to a point and land now or fon'v_erly of Imbriano 'TE[ENCE South 47 degree0 07 rninute~ I0 seconds West, I0a.29 feet; T.E~NCE Sou~ 43 degrees 44 minut~ 59 sec0n~ EI~t a dis~tnee 0f653.87 f¢¢~. to a point and t~c ntn~herly !ins of Lei 1 as shown on a oertsin map ~-n0tled "S.H Frieman & Others" filed in THgNCE Souxha7 &Uees0armnut~ 50scolds W~t, 544.72 ~ ~ ~eoen~rl~eof~e fight of~y~ad ~epoimorplaceofBEGIN~2NG. Dis. 1000 Sec. 096.00 Blk. 03.00 Lot 002.000 p/o AND TOGETHER WITH THE DEVELOPMENT RIGHTS TO a Right of Way, 11 feet in width, running between the Northerly line of the Main Road and the Southerly line of the Long Island Railroad, the Easterly line of which is the Westerly line of the above described premises and direct prolongation thereof Northerly and Southerly. SPECIFICALLY EXCLUDING ALL Rights of ingress and egress to and from the Main Road and Long Island Railroad. IN WITNESS WHEREOF, this Instrument has been duly executed by the Mortgagee the year and date above mentioned. FIRST PIONEER FARM CREDIT, ACA Successor in Interest to SOUTHERN NEW ENGLAND PATRICK K. WILES, Vice-President STATE OF NEW YORK COUNTY OF SUFFOLK SS.: On this 4th day of December, 2001, before me, the undersigned, personally appeared PATRICK K. WILES, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. I Notary Public CYNTHIA GANNON NOTARY PUBLIC, STATE OF NEW YORK NO. 01GA4508729 OUALIFI£D IN SUFFOLK COUNIY COMMISSION [7~'IRES, MARCH Pd2T093 NYSBA pRACTICE FORblS 12/95 2 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS I am the owner of 16.6714 acres of active farmland and/or -0- acres of non-farmland, situated at Suffolk County Tax Map No. 1000-96-3-2, that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1. Pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, I hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: · Cochran, Supervis~or 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631)765-1889 Landowners 44-1 S. Main Street Farmingdale, NY 11735 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )ss: On the 14th day of November, 2001, before me personally appeared JEAN W. COCHRAN, 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 she executed the same in her capacity as Supervisor of the TOWN OF SOUTHOLD; that she knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by her signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffo!k County CommiSsion Expires March 21, 20 )ss: On the 14th day of November, 2001, before me personally appeared GEORGE STARKIE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public ~ (-~ NOTARY No. 02HA4~:/u,~ Qualified in Suffolk County STATE OF NEW YORK Commission Expires March 21, 20 )SS; COUNTY OF SUFFOLK ) On the 14th day of November, 2001, before me personally appeared JOHN STARKIE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, ~0 (~'~--- P R O P E R T Y R E C O R D S File Vie,'.~ Toolbar Help ]G.-3-2.2 47'3889 Southald Active R/S:I School: Mattituck Scho Starkie Famil,9 Farmx LLC Roll Year: [~' Cult y~r Land ~ighls Land ~)/: 2.1 O0 830 Sleding Ln LandSize: 16~83 ac~e~ TotalAV: 2.100 Owner Toe I Site Toe "1 Name: , $1a[kie Familg Fmmx LLC P~pcl~: Ubhd'~ Cd: Server: We~er: Utilities: AddlAd~: .and lighls 0 Skeet: 721 Main SI PO Bo~: , Cit~: Fa~mingdale. NY Zip: 11735- Taxable Value Miscellaneous Land To,al: 0 counly: 100 Boo~: 12465 T~pe: FF: Deplh: Acres: Sq~t: Muni: 100 Page: 568 School: 1 O0 Mortg: Village: 0 Bank' Sch a~er ~ar' 100 cet~do 3~ Safe T dial: 2 B uildi~g Tokai: Book Page SaeDate Seep ce Owner 124~5 568 06/20/06 I Sta~ki~ Famil~ F : 12183 329 11~14/0! t5~711 Sla~km. Geome :, Exempt'on -Tarsal. 1 ~ ~ ~ ,- mproveme~t ~oa 0 ~ . _ ~?m ~ [yce Name Dim1 Dim2 S~FT Y~ Buill AG o ST .ooo o SpeCie O~st~ct Toe 3 : Vaue~ Code: Un~s Pc[ T~pe FD029 CutChogue FE :00::; ~00: : PKO90 Cutch-~e~ S~ 00 : O0 . .00 5W011 Solid ~asle I -~00 .00 Double click to open a v,,~noow i illin lEI mlllifl HII[HI] Hlffl[m [Jill ~ Ill ilmlllJlillHilll]ll ~ o£ T',,-tz'u~lants I)~BDG/DDD 2th3nd:)e~ o£ l~lgolt 3 ltooeq)t NuMbs: : 06-008204:2. 'L'RJ~SF~R TAX HUNBBlt: 06-02643 ~000 Reaorded; 096.00 03.00 $0.o0 08/21/2006 02sS6f48 DOOOL2465 568 002 · 002 ReceL'v'ed ,the Fo~lotr:Lng Feeu FOE AbOVO Znatz~uo~t Pege/F:L].:Lng $9. o o ~o bridling COZ $5.00 ~O I1L-CTY $5.00 TIP-S84 $S.0O HO Cert. Cop/es ~ $30.00 'TToms£er te3c $0.00 NO C~um. Pz~ee Fees PeJ.d TRANSFER TAX HUMBER; 05-02643 Ex,..,..~.~ $5.00 $L$.00 NO $7S.00 NO $0.00 NO $0.00 NO $0.00 NO $~49.00 d'ud:LthA. Paecalo Count~Clerk, Su££olk County EA-S217 (~) Xaoo 09~00 O3OO OO20O2 C'mtddmdmAmoum.$ S Armofly J. Addoo, Etq Fa~r,;,-,t~-~Je, NY 11735 GEORGE H. SI'&RI~F. IR, RESIDI~3 AT~ 49 DOUD ST~I'. FA.qML~ODAL~ NY pmyor thc tim pa~ und ~A~IE FAM~Y FARM~ L~ ~ 721MMN ~. F~I~GDAI~ Bargain and Sale Deed Db~b,~ By Chimigo Tide blauranco Company ANTHONY J. AD~.EO. ES~. 2005 Suffolk County Tax Map Book 096 File View TooJbar Help 98.-3-2_2 473889: Southold Acbve R/S1 SJarkio Family From= LLC. RollYew; ~ Cu.Y~ Land llghJt 830 Stei~ Ln L~d S~: 16.83 acres : N~: Slal~Fa~!~ From LLC : C~ 100 Slreet: ~3 HadSt Schoo: lO0 Mo g Po 8o~:. C~ Fmm~dMe. NY Zip 11735- 1~63 329 ; 1i/14/01 ~5G.~1 Sta~ie. Georoe , : : Otili~:: E~ptbb : ~oL~ ~: : ' , Te~ Own : ., ,,, , Double click to open a window I III IIIIIIII IIIIIIIIIIIUIIIIIIIIIIIIIIlIIII IIIll SUFFOLK COU~'~'Y CLERX RECORDS OFFICE RECORD3~q~ PAGE Type o£ T.',et'.rume.n',','Cs DF~DS/DI~ lq~nl:)o= o£ Page,.: 3 Roce:Lpt Number ~ 06-0082041 TP,.A.~SFEI~ TAX HUHBERz 06-02643 1000 Deed Amount~ Sections Blocks 096.00 03.00 EXAHIB'RDAHDCIIARGEDAS FOLLOWS $o.oo Received ~ Follow~ Feec For Above :Lu~trunont TRANSFER TAX HUMBER: 06-02643 THIB PA(~ IS A PART OF %-tus INSTRUMENT TI~B IS NOT A BILL Judith A. Paicale County Clerk, Suffolk County Recordeds 08/21/2006 Ars 02~56s48 PM LIBER; D00012465 PAGE: 568 Lot; 002.002 $5.00 NO $15.00 NO $75.00 NO $0.00 NO $0.00 NO $0.00 No $149.00 Cmiflcd Copy Hdd h' Ap~{~m~mm{7 818] Tllk Cmpan}' Informaflen 9 [ ~UFFOI,K COUNTY I~,ECORDZNG & ENDORSF~MI~TI~ PACE I~Y of the s~cond pan. WITNESSL'TII. that thc ~ of the I'~t pa~ in consideration ofTEN ($10,001 DOLLARS ~nd other ~'aluabl~ consstemion pald by ~he party of the second part, does hereby ltrant and ~elease ~ ~ ~ of ~ ~ ~ ~c belts or succer~lorz end assigns of I1~ par t~ or' thc sccond p~rl fore vet, Coumy Clcrk't Office on July 2 I. 200~ in Liber D. 12399 m f~c 120. IN PRESENCE OF: Bargain and Sale Deed Di~ln~uted By Chicago Title Insurance Company ANTHONY $. ADDEO, ESQ. 145 M ERRI'FTS R{~AD FARMINGDAI.E, NY 11735 ' MELISSA A. SPIRO oLAND PRESERVATION 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: Supervisor Cochran Town Board Town Clerk Planning Board Tax Assessors Building Department Data Processing FROM: Melissa Spiro, Land Preservation Coordinator Development Rights Acquisition DATE: December 19, 2001 Please be advised that the Town has purchased the Development Rights on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. SCTM#: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: MISC: I000-96-3-2 George and John Starkie November 14, 2001 $156,711.16 ($9,400 per acre) 16.8252 acres The development rights were purchased on 16.8252 acres of the 18.7628 acre parcel. The development rights remain intact on the 8.4,400 square foot reserved area. The property owner is before the Planning Board to set-off the 84,400 square foot lot from the area on which the development rights have been purchased. encl. CC2 ~4~own Attorney Land Preservation Committee Peconic Land Trust 9 TOWN ATTORNEY'S OFFICE TOWN OF SOUTHOLD N U ~ $ £ R Y ~ FIEL~ S 47'0 S 47'i: mm PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman RICHARD CAGG1ANO WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN SIDOR . P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Januaw 14,2003 Mr. George Starkie 49 Doud Street Farmingdale, NY 11735 RE: Proposed Set-off of George and John Starkie Located north of the Main Rd., between Cox's La. & Depot La., Cutchogue SCTM # 1000-96-3-2 Zoning District: A-C Dear Mr. Starkie: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, January 13, 2003: The final public hearing was closed. WHEREAS, this proposal is to set off a 1.94-acre lot with an existing house from a 18.76-acre lot, north of the Main Road between Cox's Lane and Depot Lane in Cutchogue; and WHEREAS, on November 14, 2001, the Town of Southold purchased the Development Rights on the remaining 16.82 acres of property; and WHEREAS, the Southold Town Planning Board granted sketch plan approval to the subdivision map, dated March 9, 2001, on May 14, 2001; and WHEREAS, the Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, performed a review of this Unlisted Action, made a determination of non-significance and granted a Negative Declaration on May 14, 2001; and WHEREAS, due to the fact that Lot 1 is improved with a residential structure and the Development Rights have been sold on Lot 2 to the Town of Southold, the Park and Playground Fee is not applicable and therefore waived; and WHEREAS, all conditions and requirements of the Subdivision Regulations of the Town of Southold have been met; and Starkie - Pa.qe Two- 1/14/05 WHEREAS, the applicant has received approval from the Suffolk County Department of Health, dated October 18, 2002; be it therefore RESOLVED, that the Southold Town Planning Board grant final approval on the maps, dated June 11,2002, as revised, and authorize the Chairman to endorse the final surveys. Enclosed please find a copy of the map that was endorsed by the Chairman. The mylar maps, which were also endorsed by the Chairman, 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 (60) days of the date of final approval shall become null and void. Please contact this office if you have any questions regarding the above. Very truly yours, Bennett~ Chairman Encl. CC: Land Preservation Dept. Tax Assessors Building Dept. 3ook Page Sale D~ ~Sale Code- : Un ~ Pc l~,:~ ~ I m~:~ .... /Dm1 ,Dm2 SQFTY~uu,~ FD029 ,C~tchogue FC .00 .00 PK~O Cutch:New S~ .00 .00 .... ~ -~,, _? ,:~ - Prims the screen ~-r ~ar~ g.~,~ ,~ ~ ~; ~, ~ ~ ' Acc No. 36 S~le ~T~ 1 ~. SRe lei 1 Land 0ego Bbbk ~-}~age S~e Da lo Pnce Owner P~p~*~l'Famil~ Re~ Sp~lalDm~i~ .. TQt~.~~ ..... , ~Value/ ~ Im~mv ":~Tbtal: O C -U ~ype ~ M~e Ta~ T~Pe N~h~ :O~1 D~2 SOFT :Y~ Bu~ PK090 W -~ - 00 ~ Prinb the screen ~star~ TOWN OF SOUTHOLD OWNER FORMER 'i~WNER ':ES. LAND SEAS. VL~oTAL IMP. /(6 :) FARM DATE AGE BUILDING CONDITION N ETM ' N O RMAL BELOW ABOVE FARM Acre 'illable /8 ¢oodland ~eadowland louse Plot Value Per Value Ac re PROPERTY RECORD CARD VILLAGE COMM. CB. MICS. Mkt. T. SUB. LOT IJ~-.....~.~-. ,-,..~ ,, d TYPE OF BUILDING / / /alue REMARKS . _ _ ~r,(¢& '," 52,'t~b- ',;u :' ~/,I~ ,, ', FRONTAGE ON ROAD DEPTH BULKH~D DOCK COLOR TRIM Bldg. ~xtensJon :xtension ]xtension J Foundation 'arch ,, ! . 2- '~,~ !Basement 'arc. iExt. Walls ;reezewoy ] ~,_ t/ ~ (~ 'aria [ ~'re Place 2.~;'!Type Roof Recreation Room Interior Finish Heat Rooms 1st Floor , Rooms 2nd Floor Driveway i Dinette [ !LR. !DR. I '~BR. !FIN 2 0 1 0 U S E R E V I E W R E Q U E S T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 14, 2010 George Starkie Starkie Family Farms 721 Main Street Farmingdale, NY 11735 RE: SCTM # 1000-96.-3-2.2 STARKIE Property Request for Land Preservation Committee Review of "as built" pesticide mixing pad on property on which Town owns a development rights easement Dear Mr. Starkie: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code, reviewed your formal request at a Land Preservation Committee meeting held on October 12, 2010, for an "as built" pesticide mixing pad structure upon land on which the Town owns a development rights easement. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5-C. (2) [3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Committee is formally approving the use you requested, as listed and clarified below, as an allowed use within the development rights easement area: An "as built" covered pesticide mixing pad that, constructed under government regulatory advice and requirement, extends beyond reserved land onto preserved land by approximately 11 feet. Please note that the Committee's approval of this use within the easement does not mean that such use has been approved or permitted by other Town Departments or agencies as all improvements are subject to all applicable Town Code requirements. Please feel free to call me if you have any questions regarding the above. Melissa Spiro Land Preservation Coordinator encs: copy of application MELISSA A. SPIRO LAND PRESERVATION COORDINATOR m¢lissa.spiro~towa.southold.ny, us Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Rodte 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, Ny 11971-0959' REQUEST for Agricultural Structure Placement on PDR Land~ Tax Map No. 1000- , ~ -~ '2,. ?., I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about //,/'/~/"~Oo/ (date}. Name of Owner {please print): Name(s)'of previous owner: (if applicable) Mailing Address: Phone Number: Property Location: in 2008 was inadvertently placed about 11 feet into preserved land per sketch attached. Since no other e~ement requirement w~ or wilt bc ¥iolated, t,l~:a~v r~t/t, acfivvly aglnuv~ the an-built ?egticide mixing pad dtmcture at its present location. *Attach location map (survey, tax map, or sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines, and any readily available information relating to your request. You may talk with the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee. Applicant Please return the completed form with attachments to: Town of $outhold - Land Preservation Department *All attachments must be signed and dated by property owner. AREA DF PRI~.DSED CDNVEYANCE DF A ~EVELBPNENT RIGHTS EASEHENT TI3 THE TD~N DF SDUTHDL~) = 16.$'Z, SP. ACRES A E R I A L S 2004 Aerial STARKIE Property 830 Sterling Lane, Cutchogue 16.8252 acres development rights easement purchased by Town of Southold on 11/14/01 2001 Aerial STARKIE Property 830 Sterling Lane, Cutchogue 16.8252 acres development rights easement purchased by Town of Southold on 11/14/01 S U R V E Y N $P°56,..~,0. e N $e'~o,3o, £ e~oq. 76, 6aI.i6, EboruAt) N U R S E AREA OF RIGHT OF W~Y NORTHJI ' .... - RESERVED AREA 0.1017 Acre~ ' ' ' or 4~431 sq. ft. ' N 46'35'50' g AREA RESERVED AREA 1i ' r WITH R.O.W. = ~4~400S,F WITHOUT R.O,W. 80~000 S,F. D AREA DF PROPOSED CONVEYANCE OF A DEVELOPMENT RIOHT$ EASEHENT TO THE TO~N DF SOUTH)LO = 16.8E5~ ACRES N U R S E ,9 Y GEORGE STARKIE & JOHN STARKIE 'AREA OF RIGHT OF ~IA ~ SOL'TH OF RESERVED AREA = 0.1538 Acre~ or 6~701 sq. ft. 47*04'50' 47'II'I0' ~o~ 47'07'10' V 47'13'30' ~/ · 544,7P' (ACTUAL) 544.4~' (DEED) 104,£9' (ACTUAL) 104,06' (DEED) LOT S,H, FRIEMAN & ORS FILE # 9436 NOV. 30, 1993 ~/"SITE / ,/,, .I KEY HAP SCALE, I'=600' armor ~o~ ¢0.~. aa) SURVEY FOR GEORGE dc JOHN STARKIE AT CUTCHOGUE TOFN OF SOUTHOLD SUFFOLK COUNTY, NEF YORK 1000-96-03-02 I00 0 100 £00 300 Scale, 1' = I00' JAN, 17, 2001 MARCH g, 2001 (MINOR SUB) APRIL 11, 200I SITE DATA LOT i AREA=B4,400 S,F, (INCLUDING AREA=80, O00 S,F, CEXELUDIN6 ROY> LOT ~ AREA=16,8£5~ ACRES (INCLUDING AREA=16,5697 ACRES (EXCLUDING ROV) TOTAL AREA=18.7628 ACRES OER TIFIED rG: THE TD~/N OF ~DUTHOLD CDMHDN~/EALTH LAND TITLE INSURANCE ~R (;EOROE g JOHN ~TARKIE 17~0 STERLING ROAD CUT~HDOUE~ N.Y 11935 · =~ONUMEN T ~ ~=~oNUMENT TO BE I '~ =OVERHEAD VIRES COMPANY SET FINAL SURVEY NOV - 7 200;