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Dubner (South)
1000-84-4-6.4 (f/k/a 1000-84-4-p/o 6.1) Baseline Documentation Premises: 3670 Cox Lane Cutchogue, New York 46.222 acres Development Rights Easement STEVEN DUBNER to TOWN OF SOUTHOLD Deed dated June 14, 2005 Recorded June 30, 2005 Suffolk County Clerk - Liber D00012395, Page 581 SCTM #: Premises: Hamlet: Purchase Pricei Funding: Grant Reimbursement: CPF Project Plan: Total Parcel Acreage: Development Rights: Lots Created: Zoned: Existing Improvements: 1000-84-4-6.4 (f/k/a 1000-84-4-p/o 6.1) 3670 Cox Lane Cutchogue $1,294,216.00 (46.222 buildable acres ~ $28,000/acre) Community Preservation Funds (2% land bank) $889,330.00 NYS Ag & Markets Grant c8oo556 Yes 53.771 acres 46.222 easement acres Lot 1 -- 46.222 acres Lot 2 -- 3.0 acres Lot 3 = 1.496 acres Lot 4 -- 1.306 acres Lot 5 -- 1.747 acres A-C In May 2005 -well DESCRIPTION The subject is a parcel of land having an area of 41.20+ acres. It is part of a larger parcel which has an irregular shape with 1,652+' of frontage along the eastedy side of Cox Lane, an irregular northerly border which runs a total distance of 1,687±', 316_+' of which fronts along the southerly side of Middle Road (CR 48), an easterly border of 1,000_+', and an irregular southerly border running a total distance of 1,646_+'. This southerly border runs along tracks of the Long Island Railroad. The subject is a 41.20± acre portion of the above described property. The appraisers have been furnished a concept sketch that shows the two excluded areas, containing a total of 7.60_+ acres, located at the northerly portion of the above described property. According to the concept sketch, the subject would retain access to both Cox Lane and Middle Road. The above dimensions are taken from the last deed of record and the Suffolk County Tax Map. Utilities (electric and telephone) are available along the property's road frontage. Cox Lane is a two way, two lane, publicly maintained macadam paved road. Middle Road is a four lane, publicly maintained, macadam paved highway. Public water is not available to the subject. _GIVEN , DESCRIPTION (CONTINUED) LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is pdmadly vacant, or improved residential properties. Land abutting the subject on its eastedy side is preserved as open space land (development rights owned by the County of Suffolk; 35.00+ acres). IMPROVEMENTS The subject is vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant. .GIVEN 2o A P P R A I S A L M O T I O N LPc m- 5 LAND PRESERVATION COMMITTEE MEETENG TUESDAY, MAY 13, 2003 AT 7:30 P.M. MINUTES Present were: Ray Blum, Ray Huntington, John Sepenoski, Bill Edwards, Fred Lee, Melissa Spire, Scott Hughes, Tom Wickham, Tim Caufield, Carrie Cullen, and Randy Parsons. Dubner~VauderBosch - 84-4-6.1 - There are approximately 38 acres involved. A motion was made by Ray Huntington and seconded by John Sep to order an appraisal with the intention to purchase the development nghts. All were in favor. P R 0 P E R T Y V I S U A L S I I I Tax Map Location ?4 L. ONG Zoning Map.) 2 0 0 3 P H O T O S I I I I I I i I I I I I SUBJECT PHOTOGRAPHS View Southerly Along Cox Lane View Easterly Along Middle Road Year 2003 gGIVF, N ?? I I I I I I I ! ! I ! I SUBJECT PHOTOGRAPHS Year 2003 View of Subject - Facing Southeasterly from Cox Lane View of Subject - Facing Southerly from Middle Road ~_GIVEN 71 E N V I R O N M E N T A L S U M M A R Y Phase I I I Environmental Site Assessment Dubner Cox Lane Property 1.0 SUMMARY I I I I I I I I I I The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Cutchogue, Town of Southold, County of Suffolk, New York. The subject property consists of a 53.77 acre parcel of partially developed farmland of which approximately 46.17 acres will be the subject of this report. The property is located on the east side of Cox Lane, approximately 400 feet south of Middle Road. The property is more particularly described as Suffolk County Tax Map # 1000-084-04-p/o 6.1. The 46.17 acre subject property is vacant farmland which is utilized to grow ornamental landscaping species for Northeast Nurseries. Dirt access roads are located throughout the property. An irrigation well with an associated pump engine was observed on the southeastern portion of the property. A 275 gallon above ground diesel fuel storage tank is located adjacent to the pump engine. No staining was observed beneath or surrounding the pump engine or storage tank. A second irrigation well which is equipped with a submersible pump is also located on the subject property. No structures, foundations, staining or stressed vegetation were observed on the subject property. A total of 7.6 acres of the 53.77 acre parcel will be retained by the property owner for future development. Specifically, three (3) acre and a half lots are located on the northern property boundary in the western portion of the property and a 3.0 acre lot is located in the northeast comer of the overall property. A small wooded area is located on the northern portion of the property; this area contains a single story house which will be part of the area retained by the property owner. Historic aerial photographs from 1957, t969. 1976, 1980, 1994 and 2001 were reviewed in order to deterrmne past uses of the property. This review revealed the property has always been farmland. i An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, one (1) CERCLIS site, one (1) Solid Waste Facility (SWF) and two (2) spill incidents were located within one-half (0.5) mile of the subject property. NEt~SON, POPE & VOOPoHiS LLC i ENVIRONMENTAL * PLANNING * CONSULTING I Dubner Cox Lane Property, Cutchogue Phase I ESA I I I I I I I In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, if the property is developed residentially in the future, soil samples should be collected and analyzed for the presence of pesticides and metals. I I I I I I I NELSON }'OPE & VOORHIS. LLC ENVIRONMENTAL · PLANNING * CONSULTING Page 2 of 25 I Dubner Cox Lane Property, Cutchogue Phase I ESA FIGURE 1 I I I LOCATION MAP Dubner Cox Lane Property, Cutchogue I I I I I I I I 48 b mi 0.2' 0.4' 0.6' 0.8' Copyrtght© 1988-2001 Mlcrosolt Corp and/er ~ts suppliers At rights reserved htlp//w~w m~crosoft corn/streets © Cepynght 2000 by Geographic Data Technology, Inc Ali rights reserved © 2000 Nawgatlon Technologies All rights reserved Th~s dat~ mc udes mlormatlon taken with per.smart from Caned,an authorities © Her Majesty the Queen in R~ghl of Canada © Copyright 2000 by Compusearch M~cromarket ng Data and Systems Ltd Page 8 of 25 Dubner Cox Lane ProperW, Cutchogue Phase I ESA FIGURE 2 ! SITE MAP I I I I I I I I I I I NORTH Page 10 of 25 Dubner Cox Lane Property, Cutchogue Phase I ESA i FIGURE 3 I GROUNDWATER CONTOUR MAP l SITE I I I I I i 20' NOR'ill Page 16a of 25 OVERVIEW MAP - 01126410.1 r - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or e~ual to the target property Sites at elevations lower than the target property Coal Gasification Sims National Priority List Sites Landfill Sites Dept. Defense Sites Oil & Gas pipelines lO0-year flood zone 500-year flooci zone Federal Wetiands State Wetlands TARGET PROPERTY: Dubner Properties CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Middle Road CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutci~ogue NY 11935 INQUIRY#: 01126410.1r I_AT/LONG: z. 1.0330/72.4920 DATE: February 10, 2004 9:37 am DETAIL MAP - 01126410.1 r - Nelson, Pope & Voorhis LLC I / Target Property · Sites at elevations higher than I or equal to the target property * Sites at elevations lower than the target property ~. Coal Gasification Sims Sensitive Receptors National Priority List Sims -L Dept. ~efen~e Sites TARGET PROPER'FY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: 0 Oil & Gas pipelines 100-yearfiood zone 500-yeartlood zone 1/8 Dubner Properties Middle Road Cutchogue NY 11935 41.0330 / 72.4920 CUSTOMER: CONTACT: INQUIRY#: DATE: Nelson, Pope & Voorhis LLC Steven J. McGinn 01126410.1r February 10, 2004 9:38 am PHYSICAL SETTING SOURCE MAP - 01126410.1 r ,/~v~ County Boundary /, / Ma~or Roads I Contour Lines '~ Earthquake epicenter, Richter 5 or greater ~) Water Wells Public Water Supply Wells Cluster of Multiple Icons Groundwater Flow Direction Indeter minate Groundwater Flow at Location Groundwater Flow Varies at Looetion CJosest Hydrogeological Data TARGET PROPERTY: Dubner Properties CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Middle Road CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY#: 01126410.1r LAT/LONG: 41.0330 / 72.4920 DATE: February 10. 2004 9:38 am P U B L I C H E A R I N G ELTT,,~3Er/~I A. NEVTTJ.I~ TOWN CLERK lV'.-ARHI~G~. OFFICER RECORDS I~,NAGEMEN~ OFFICER I~.EEDOM OF ~FOI~,~L¥1'ION 0F~ICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 6 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2004: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ January 20~ 2004~ at 8:15 p.m, Southold Town HalL 53095 Main Road~ Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by Steven Dubner. Said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres. The exact acreage will be determined by the survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ January 20, 2004~ at 8:15 p.m, Southold Town Hall~ 53095 Main Road, Southold, New York as the time and place for a public hearing for the I~urchase of a development rights easement on agricultural lands for a certain parcel of property'owned by Steven Dubner. Said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue~ The development rights easement comprises between approximately 41.2 and 46.18 acres. The exact acreage will be determined by the survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from thai agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Armex, Southold, New York, and may be examined by any interested person during business hours. Dated: January 6, 2004 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 15, 2004, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Steve Dubner : JAN 1 4 2004 SOUTHOLD TOWN BOARD PUBLIC HEARING January 20, 2004 8:15 P.M. HEARING ON TItE PURCHASE OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF DUBNER~ SCTM #1000-84-4-6.1 AND 3670 COX LANE. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman John M. Romanelli Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda~h January 20~ 2004~ at 8:15 Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a pu,blic hearinl~ for the purchase/of a development rights easement on agricultural lands for a certain parcel of property own/d by Steven Dubner. Said property is identified as SCTM # 1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres. The exact acreage will be determined by the survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill gamex, Southold, New York, and may be examined by any interested person during business hours. We have a notice that it has appeared as a legal in the Traveler-Watchman and also on the Town Clerk's bulletin board outside. SUPERVISOR HORTON: Thank you. Ms. Spiro. FEB DEPT OF LAND PRESERVAi'~ON January 20, 2004 Public Hearing-Dubner Property, Cox Lane MELISSA SPIRO, LAND PRESERVATION COORDiNATOR: The Dubner property is located on the south side of CR 48 and on the east side of Cox Lane, in Cutchogue. As noted in the prior public hearing, Steve Dubner owns the property across CR48 also. The farm is planted in active nursery stock. The property is located within the A-C Zoning District, It is on our Farm Inventory and on our Community Preservation Plan. It is adjacent to, and in the vicinity of, many other properties with development right easements. The total property area is somewhere between 49 and 54 acres, there are some discrepancies as to the total acreage, which will be resolved once the survey is completed. The landowner wishes to do a subdivision as follows: · 3 northwest building lots, each approx. 1 ½ acres with access to Cox Lane; and · a 3 acre area on the CR 48 frontage side. It has been designed in such a way so as not to affect the most of the frontage on Cox Lane, there will be a small roadway in and three lots on there and the area is shown on the aerial. He is also looking to do a three acre lot on the CR 48 road frontage, so most of that road frontage will be reserved for something in the future. The design layout is subject to Planning Board review and approval. This leaves between approximately 41.2 and 46.18 acres for preservation, so it is a fairly large preservation project. The Land Preservation Committee and the applicant discussed an area for ag structures, and it was agreed to allow a 6 (six) acre area on the east side of the property. The accepted purchase price for the development rights is $28,000 (twenty-eight thousand dollars) per buildable acre. The purchase price is in accordance with an appraisal prepared by Given Associates. The landowner has signed and returned the purchase contract. A Town Board resolution electing to purchase this easement will allow the Supervisor to finalize the purchase contract. The Town has an awarded 1.35 million dollar grant from the New York State Department of Agriculture. This property is listed on the grant, so part of the purchase price may be reimbursed from that agency. The grant is a matching grant, 75% state, 25% town. I'd like to thank Steve Dubner for offering the development rights on this significant faru~land and the Peconic Land Trust for their initial work with Mr. Dubner. Both the Land Preservation Committee and I support th~s purchase and recommend tha, the TB proceed with the purchase. There is preserved land to the south, to the east and across the street to the west and it is a very large block of preserved land within the Town of Southold and I am really happy to have been able to work on this project so, I hope that it will come to completion fairly soon. It is a good project. SUPERVISOR HORTON: Thank you, Ms. Spiro. These are both preservation treasures, without a doubt. Would anybody else care to address the Town Board on this public hearing? (No response) Comments from the Board? (No response) We will close this hearing and we will move back to our agenda. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRJ_AGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 64 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2004: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part ora certain parcel of property of aghcultural lands owned by Steven Dubner, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres of the farm. The exact area of the development rights easement is subject to survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to thc SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk $t7.20 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) 1. APPLICANT/SPONSOR 2. PROJECT NAME PROJECT LOCATION: PRECISE LOCATION (Streel addres~ and road intersections, prominent landmarks, etc., o,' provide map) PROPOSEO ACTION ~ N~ D E~n~ ~ ~i~t~afle~t~ DESCRIBE PROJECT BRIEFLY; AMOUNT OF ~ND AFFECTED: In~ial~ ~/~ - ~¢,1~ acr~ UEimately ~ - ~,/~ acr~ WILL PROPOSED ACTION COMPLY WITH ~STING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS? WHAT ~S PRESENT ~ND USE IN V]CINI~ OF PROJECT? ~ Y~ ~ NO If Y~, I~ ~y(s) ~ a~ ~ap~o~ls: DOES ANY ASPECT ~F THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~ y~ ~ No If Y~, a~ ag~y(s) ~ a~ ~ap~o~ls: ~No I CERTIFY THAT THE INFORMATION P~ROVIDED, ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE - I If the action is ia the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with is assessment OVER A. DOES ACTION EXCEED ANY 'I"YPE I THRESHOLD IN 6 NYCRRo PART 61 ?.47 If y~, coo~nate Ihs review ~ and u~ the FULL EAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNUSTED ACTIONS iN 6 NYcRR, PART 617.6? If No, a negative declaratlo~ C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be ha~Nvriifen, If legible) C2. AestheUc, agric~ural, enchaeologlsal, hlsto~c, o( ~ natural or cuitu~d resoueces; or conlmufl~ o( nek~htx~nood char~er? Explain briefly:, c_,6. Long term, dxxt term, cure. alive, or olhe' eifec~ r~ tde~if~l in Cl-CS? ~ Ixielly: O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? E. IS THERE. OR IS THERE UKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified ~bove, determi~ whe~er it is subatorfJal, large, important o~ othef~ise ~igni~_anL Each effect should be assessed in connecl~on wi~ its (a) setting (i.e. urban or lursi); (b) pfobablfity of e<:cur~g; (c) duration; (d) iereversibiaty; (e) geographic scope; and (f) magnitude. If necessar/, add attachments or reference supporting materials. Ensure that explanations contain sufi~cient detail to show ~hat all relevant adverse impacts have been identified and adequately addressed. If question d of par[ i was she(;ked yes; the determination of significance must evaluate the potential impact of ~ proposed ac'Uon on the envirmlmental characteristics of the CEA. [] ~heckthlsb~xIfy~Jhave~dent~-~edm~o(mo(e~entia~ylsrge~rsign~IcantadverseimpactswhichMAY~ccor` Thenproceeddtrec~totheFULLEA~ and/o( prepare a positive declarat~. · , I~ Check this box it Y~ have delemllned, based on the ininmlaUo~ and analy'~s ab°~e and ~ ~ ~' ~l ~ ~ e~ ~ NOT i resu~ in any significant adverse envtro~ef~al impacts AND provide, of) aUachments as necessaf)', Ihs reasons r. uppafting this determination. Pdnt or'~ Name of Respon~ble Off~cef in Lead Ag no/ Signature of Responsibls Off~...er in Lead Agency Dale Title of R~pansi/bt~ Off~c.,er Signature of Preparer (if different fr~m responsible ofl'~ce~ P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork, net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 77 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 20, 2004: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of development rights on the property owned by Steven Dubner on the 20th day of January 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet east of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue; and WHEREAS, the development rights easement comprises between approximately 41.2 and 46.18 acres of the farm. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to, and in the vicinity of, other farms on which either the Town or the County have purchased the development rights; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $28,000 (twenty-eight thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of properS, of agricultural lands owned by Steven Dubner~ pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said properS, is identified as SCTM #1000-84-4-6.1 and 3670 Cox Lane. The property is located on the south side of CR 48, approximately 800 feet cast of the intersection of Cox Lane and CR 48 and on the east side of Cox Lane, approximately 400' south of the intersection of Cox Lane and CR 48, in Cutchogue. The development rights easement comprises between approximately 41.2 and 46.18 acres of the farm. The exact area of the development rights easement is subject to survey. The purchase price is $28,000 (twenty-eight thousand dollars) per buildablc acre. Thc Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of thc purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT STEVEN DUBNER to TOWN OF SOUTHOLD Development Rights Easement - 46.222 acres 46.222 buildable acres @ $28,000/acre Premises: 3670 Cox Lane (sis Rt 48), Cutchogue, NY SCTM #1000-84-4-p/o 6.1 Closing held on Tuesday, June 14, 2005 at 10:30 a.m., Land Preservation Department, Southold Town Hall Annex Purchase Price of $1,294.216.00 disbursed as follows: Payable to Steven Dubner Check #81862 (6/14/05) *total check -- $1,300,966.00 Expenses of Closing: Appraisal Payable to Given Associates Check #72315 (7/8/03) Survey John C. Ehlers Land Surveyor Payable to Steven Dubner Check #81862 (6/14/05) (reimbursement) Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #761'11 (4120104) Title Report Payable to Stewart Title Insurance Company Check #81865 (6/14/05) Fee insurance $ 5,587.00 Recording deed $ 300.00** **includes certified copy $ 1,294,216.00' $ 2,200.00 $ 6,750.00* $ 1,100.00 $ 5,887.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #81867 (6/14/05) $ 100.00 Those present at Closing: Martin H. Sidor Lisa Clare Kombrink, Esq. Steven Dubner Karen Hagen Melissa Spiro Melanie Doroski Marian Sumner Southold Deputy Town Supervisor Attorney for Town of Southold Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Peconic Land Trust OF SOUTHOLD ~3095 MAIN ROAD NEW Y~K 1;i 971-0959 DATE · CHE~DKNO. AMOUNT - ~ / .. ~., .? . 06/14/200~.~ ' 81862 $1,300,966 00 ONE MILLION ~HRE~,~RE~'~R0US]62~DNINE HUNDRED SIXTY SiX ]LN]D 00/100 DOLL~ARS PAY TO THE ORDER OF STEILENDUBNER 140 HALF HoLLow :ROAD DIX HILLS NY 11746,' O0000N 0,' VENDOR 004834 STEVEN DUBNER 06/14/2005 CHECK 81862 H3 .8660.2.600.100 H3 .8660.2.600.100 TBR77 TBR77 061405 21685 DESCriPTION AMOUNT DEV RTS-46.222 1,294,216.00 SURVEY REIMB-COX LA 6,750.00 TOTAL 1,300,966.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 1197%0959 JUN-3-2005 14:54 FROM:JOHN C EHLERS 631 369 828? T0:7656640 P.2/2 JOHN C. EHLERS LAND Sl ~RVEYOR 6 East Main Street Riverhead, NY 11901 Phone: 631-369-8288 Fax: 631-369-8287 Invoice Date i Invoice # 7, 7/2o03 j Bill To Town of Southold Town Hall Southold, N.Y. 11971 Your Client ;teven Dubner Date of Service 7/17/2003 Description ~urr~nt su~e~ of two parcels for purchase of de'~ ,l~pm-e~ dghts from Steven Dubner JUN - 6 2005 My Job # 2003-210 Amounl 6,750.00 Tolal $6,750,00 Ba ~ance Due WE ACCEPT VISA, MASTERCARD, AMERICAN EXP ;[ESS AND PAY PAL! CALL ]'ODAY TO PAY THIS INVOICE! _GIVEN PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 May 28, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Steven Dubner, S.C.T.M. #1000-84-4-6.1 Located Easterly Side of Cox Lane, Cutchogue, NY File# 2003211 $2,200.00 / DEPT. OF LAND PRESERVATION GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y Y JE Date Trx.Date Fund Account ......................... Use Acti .600 .600 .600 .600 1/07/2003 1/07/2003 .600 1/07/2003 1/07/2003 .600 3/11/2003 3/11/2003 .600 3/11/2003 3/11/2003 .600 3/25/2003 3/25/2003 .600 4/08/2003 4/08/2003 .600 4/08/2003 4/08/2003 .600 5/20/2003 5/20/2003 .600 ~6/03/2003 6/03/2003 .600 6/03/2003 6/03/2003 .600 7/08/2003 7/08/2003 .600 12/03/2002 12/03/2002 H3 12/03/2002 12/03/2002 H3 12/17/2002 12/17/2002 H3 12/17/2002 12/17/2002 H3 H3 H3 H3 H3 H3 H3 H3 H3 H3 H3 H3 ........................ Use Acti Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-07082003-011 Line: 164 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 7/08/2003 SDT 7/09/03 : : Trx Amount... 2,200.00 : : Description.. APPRAISAL-DUBNER : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 72315 SCNB : : Invoice Code. 2003211 : : VOUCHER ...... : : P.O. Code .... 10648 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 7/08/2003 : : Date Cleared. 7/31/2003 : : F3=Exit F12=Cancel F21=Image : lelson, Pope& Voorhis, LLC ,72Walt ~hitman Roa~l Phone: 631-427-5665 leNille NY 11747 Fax: 631-427-6620 Invoice Property: 04039 Project: VA0143: Dubner Property, 3670 Cox Lane, Cute Manager: McGinn, Steven To: Town of Southold Dem of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2377 Invoice Date: April 07, 2004 I~sAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,100.00 Contract Item gl: Prepare Phase I Ehvironmental Site Assessment Work Performed: 2/11 thru 3/10/04 Contract Amount: $1,100.00 Pe~:ce6t ~omplete: 100.00% F6e Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Atnount $1,100.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y ,~ 1/20/2004 1/20/2004 A .600 1/20/2004 1/20/2004 A .600 . . ' 1/~0/2004 1/20/2004 a..600 . . 1/20/2004 1/20/2004 A .600 .. 1/20/2004 1/20/2004 a .600 .. 2/24/2004 2/24/2004 B .600 .. 3/09/2004 3/09/2004 H3 .600 3/09/2004 3/09/2004 H3 .600 ~ 4/20/2004 4/20/2004 H3 .600 . . 4/20/2004 4/20/2004 H3 .600 . . 4'/20/2004 4/20/2004 H3 .600 .. 4/20/2004 4/20/2004 H3 .600 .. 5/18/2004 5/18/2004 A .600 . . 5/18/2004 5/18/2004 H3 .600 Select Record(s) JE Date Trx. Date Fund Account ......................... Use Acti 1/20/2004 1/20/2004 H3 .600 ......................... Use Acti or Use Action Code : Vendor Code.. 014161 : Vendor Name.. NELSON, : Alt Vnd.. : CHECK ........ 76111 : Invoice Code. 2377 : VOUCHER ...... : P.O. Code .... 11748 : Project CSde. : Final Payment P Liquid. : Type of 1099. M BOX. 07 : Fixed Asset.. Y : Date Released 4/20/2004 : Date Cleared. 4/30/2004 : F3=Exit F12=Cancel Disburs Inquiry by Vendor N~ .............. Detail--GL100N ............ : W-04202004-235 Line: 288 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 4/20/2004 SDT 4/21/04 Trx Amount... 1,100.00 Description... PHASE I ESA-DUBNER PROP POPE & VOORHIS, SCNB Addl. TOWN OF SOUTHOLD .~ PREPAID 6/~1 · -SOtlTHOLD. NEW YORK 11971~0959 ' ' '" r* DATE CHECK NO' AMOUNT 81865 $5,887.00 ,'ivE THOUSAND EIGHT R/JNljl}i~D EIGHTY SEVEN AND,I)0/100 DOLLARS PAY TO THE ORDER OF STEWARTT~TLE"INSURANgE CO. 125 BAYLIS ROAD/~SU~E 20i MELVILLE NY ii747' ~ ,'081,.°.r-5,' ~:08~,hOShr-~,': r~:~ O0000h Oil' VENDOR 019624 STEWART TITLE INSURANCE CO. 06/14/2005 CHECK 81865 H3 .8660.2.600.100 H3 .8660.2.600.100 P 0.# TNV©TCE 11750 24-S-0181 11750 24-S-0181-A DESCRIPTION AMOUNT TITLE/INS POLICY-DU 5,587.00 REC EASEMENT-DUBNER 300.00 TOTAL 5,887.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF SOUTHOLD ONE HUNDRED AND 0 0 / 10 0 DOLI~RS DATE CHECK~O 06/14/200~3 ~8X866 AMOUNT -' $100.00 PAY TO THE ORDER OF ICAREN HAGEN 2675 KERWIN BOULEVARD GREENPORT N~f 11944 O0000h 0 Ill VENDOR 007707 ICAREN PLAGEN 06/14/2005 CHECK 81866 ~'T]TxTi~ ~ Af~f~OTT~T H3 .8660.2.600.100 TN~v~OT~R 24-S-0181-2 DRMCRIPTION AMOUNT TITLE CLOSER-DUBNER 100.00 TOTAL 100.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 DUBNER to TOWN OF $OUTHOLD Development Rights Easement SCTM #1000-84-4-p/o 6.1 46.222 acres Closing held: June 14, 2005, Land Preservation Department Southold Town Hall Annex from left to riqht: Lisa Clare Kombrink, Special Counsel for Town of Southold Melissa Spiro, Land Preservation Coordinator Martin H. Sidor, Southold Town Deputy Supervisor Steven Dubner, Seller R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrtument: EASEMENT/DOP Number of Pages: 21 Receipt Nun%her : 05-0068808 TRANSFER TAX NUMBER: 04-47292 District: 1000 Deed Azaount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 04.00 EXAMINED AND CF~kRGED AS FOLLOWS $0.00 06/30/2005 02:52:07 PM Received the Following Fees For Above Instrument Exempt Page/Filing $63.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $13.65 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO Fees Paid TRANSFER TAX NUMBER: 04-47292 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012395 581 Edward P.Romaine County Clerk, Suffolk County Lot: 006.004 $5.00 $15.00 $0.00 $30.00 $0.00 $136.65 Exempt NO NO NO NO NO Number of pages Ce~ I 4 TORRENS Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. 3~) ~ Comm. of Ed. 5. 00 Affidavit . , Certified Cop~/ / 3 ~ NYS Surcharge 15. 00 SubTotal__ Other Grand Total 4 Dist. ISection I B'oc~k''/'' ~t9 Real Property 1000 08400 0400 0060O4 Tax Service Agency Verification Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETLrRN TO: Lisa Clm'e Kombrink, Esq. 235 Hampton Road Southampton, New York 11968 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total -- Spec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County Held for Appointment : . Transfer Tax Mansion Tax The property covered by this 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 # ___ of this instrument. CPF Tax Due Oommunity Preservation Fund Consideration Amount $ //~ ~9~,;~/d Improved Vacant Land -- TD TD TD 7 ] Title Company Information Co. Name ,-~'~ ,~/--t Suffolk County Recording & Endorsement Page Tbis page fom~s part of the attached ~eV~100me~f ~l'~h~ ~srmen~ madeby: (S~CI~ TYPE OF ImTRUMENT) ~ 0 ¢ a e ~ The premises herein is situated ii~ ' SUFFOLK COUNTY, ~W YORK, TO In ~e Township of or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRIN~D IN BLACK INK ONLY PRIOR TO ~CO~ING OR FILING. (over) · 6/7/05 South 1000-84-4-6.1 DEED OF CONSERVATZON EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this J~/~-' day of June, 2005, by STEVEN DUBNER ("Grantor") having an address of 140 Half Hollow Road, Dix Hills, New York 11746 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1:~79, Southold, New York. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 46.222 acres, in one parcel located at 3670 Cox Lane, Southold, in the Town of Southold, Suffolk County, New York, SCTH# 1000- 84-4-6.1, more fully described in EXHIBIT A attached hereto and shown as Lot #1 on the Conservation Subdivision Map of Steven Dubner dated July 7, 2003, and last revised//,(~.~ ~! 2.~~ prepared by John Ehlers; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consist.s primarily of productive agricultural land. The Property contains 46.222 acres of prime soils, and 0 acres of soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49~0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement ofl..balanced economic growth and the quality of life in all areas of the state;" 1 of 20 F. The Property is located within Suffolk County's Agricultural District #:L, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. :In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results._It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, ONE MILL:ION- TWO HUNDRED-NINETY-FOUR THOUSAND-TWO HUNDRED and SIXTEEN Dollars ($1,294,216.00) and the mutual covenants, terms, conditions and 2 of 20 'restrictions contained herein, the parties agree as follows: Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3 of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose It is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability. It is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided-herein. The Property remains subject to all applicable local, state and federal laws and regulations. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term 3 of 2tt "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Ivlarkets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 4 of 20 7, Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said farming practices shall be carried out in accordance with Sound Agricultural Practices as defined herein. In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. If Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. :LO. Construction of Buildings and Other Improvements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 10(a) Fences -- Existing fences may be repaired, removed and replaced, 5 of 20 and ne'w fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. 10(b) New Agricultural Structures and Improvements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products, (ii) the storage of equipment used for agricultural production, (iii) the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover more than 5% of such area. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(c) above, on up to 5% of the property. With advance written permission of the Grantee, pursuant to Section 18 (Permission), Grantor has the right to construct such Farm Labor Housing within the remaining Property. The land on which these structures stand shall not be subdivided. lO(d) Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables 6 of 20 or.other facilities providing electrical, gas, water, sewer, communications, or 'other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary Improvements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section :[8 ("Permission"). 11. Maintenance and Improvement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the 7 of 20 · development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest plan) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation· In order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the current forest management plan and harvest plan. 15. Excavation and removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to 8 of 20 donst'ruct and maintain the permitted structures and improvements on the Property and for farm operations, erosion control and soil management, without the prior written consent of Grantee. 16. Road Construction Grantor may construct roads for barnyards, farm markets, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, ' statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would l) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request which shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any 9 of 20 failure.to grant permission to Grantor. 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney,s fees. If, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Naintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement, Grantee shall have no obligation for the upkeep or maintenance of the Property. 19(c) Liability and ]ndemnification- Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 21. Baseline Documentation 10 of 20 By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Inspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. in the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such 11 of 20 violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to Town of Southold by instrument dated , and recorded in the office of the Clerk of Suffolk County at Liber at Page ." Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder'. Any such amendment shall be duly recorded. 26. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code 12 of 20 shall alter the limitations placed upon the alienation of this property rights or interests which were acquired by the Town prior to any such amendment. 27. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and lVlarkets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28("Proceeds") herein. 28. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated at the price per acre set forth in the Purchase/Sale Agreement, by the unencumbered value of the Property, calculated as of the date of the appraisal obtained by Grantee prior to execution o'f this easement. The Proportionate Share is 71%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- 13 of 20 use, Grantee must notify the New York State Department of Agriculture and Mbrke~:s 29. Interpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 30. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 31. Severability Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 32. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 14 of 20 33. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 34. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 35. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. 36. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and IVlarkets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance.. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and Harkets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of 15 of 20 environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. 37. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 38. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 39. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights ~irising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 40. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and 16 of 20 . any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 41. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. IN WTTNESS WHEREOF, Grantor and Grantee, intending to be legally bound here~nds on the date first above written. Grantor~~ ~~ ~ STEVEN DUBNER ~ Grantee: TOWN OF SOUTHOLD H. S DOR, DEPU SUPERWSOR State of New York ) County of ff~/9~-zgf/C ), ss: On the ! ~] Ptdday of c"f'~'~._ in the ye~ 2005 before me, the undersigned, personally appeared STEVEN DUBNER, personally known to me or proved to me on the basis of satisfacto~ evidence to be ~e individual (s) whose name (s) is (are) subscribed to the within instrument and ac~owledged to me that he/she/they executed the stone in hisSer/their capacity (ies), and that by his/her/their signature(s) on the instrumem, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. SignatureA~ ftic~div~ml ~ing acknowlcdgcment ~¢EN J ~4~,~''~ l~of20 NOTARY PUBLiC, Sta~ec;t' "- ~ No, Qualified in Suffolk Cvur~t> Oommissio~ Expires March 21,20 State of New York ) County of ~(bo~ l< ), ss: On the /C/~day of ~c.L~'~--~ in the year 2005 before me, the undersigned, personally appeared MARTIN It. SIDOR, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the sane in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~ ~ignaturelo~f ind~dual ~king acknowledgement NO~', )[ ,~,low York KAgtEN 3. HAGEN '29 NOTAFIY PUBLIID, 8tato of Now York .;aunty No. 02HA4927029 21, 20 Oualifiocl in Suffolk Oounly Commission Expires March K/UP CSDocuments and Settings~mne~Vly Documents~mne\Town of Southold Deeds of Development Rights~Dubner DDR South.doc 18 of 20 ISTATE Of NEW YORk SS: COUNTY Of SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFYATHAT I HAVE COMPARED THE ANNEXED COPY ?F. =/., ~' DEED LIBER /~q~C/~ AT PAGE ~/ RECORDED AND THAT IT Ii A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS ~O~ DAY Of CLERK ~v~ r ~" ~ 12-0158.. 4/98Cb Stewart Title Insurance Company Title No: 24S-0181 Schedule A Description AMENDED 6/14/200~5 ALL that 'certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 798.34 feet northeasterly, as measured along the same, from the easterlS~ end of the curve connecting the northeasterly side of Cox Lane with the southeasterly side of Middle Road (C.R. 48), said point being also at the northeasterly side of land formerly of Homan and ~ow or formerly of Ann and Eugene Berger; RUNNING THENCE along the southeasterly side of Middle Road (C.R. 48) North 70 degrees 19 minutes 20 seconds East 54.63 feet to Lot 2 as shown on Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land the following (2) courses and distances: South 43 degrees 26 minutes 50 seconds East 544.80 feet; North 70 degrees 19 minutes 20 seconds East 262.58 feet to the southwesterly side of land formerly of Damianos and now of formerly of Eugene and Marie Vandenbosch; THENCE along said land the following two (2) courses and distances: South 43 degrees 32 minutes 50 seconds East 334.06 feet; North 60 degrees 31 minutes 10 seconds East 494.30 feet to land now or formerly of Herodotus Damianos and The County of Suffolk; THENCE along said laud South 43 degrees 48 minutes 10 seconds East, 999.77 feet to land now or formerly of the Long lsland P, ailroad; THENCE along said land the following three (3) courses and distances: South 59 degrees 47 minutes 20 seconds \Vest, 350.00 feet; South 43 degrees 48 ~ninutes 10 seconds East, 20.58 feet; TOGETIfER with all right, title and interest of the party of the first part, in and to the land lying in the street in 1¥o ~t of and adjoining said premises. South 59 degrees 47 minutes 20 seconds West, 1274.22 feet to the northeasterly side of Cox's Lane; THENCE along the northeasterly side of Cox Lane, North 44 degrees 05 minutes 50 seconds West 1624.73 feet to a point; THENCE along said land, North 67 degrees 37 minutes 50 seconds East 107.65 feet to the southeasterly side of Lot 3 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005; TItENCE along said land and Lot Nos. 4 and 5 as shown on above referenced Conservation Subdi-~ision of Steven Dubner, last dated 5/24/2005 the following two (2) courses and distances: South 44 degrees 05 minutes 50 seconds East, 242.45 feet; North 67 degrees 05 minutes 10 seconds East, 768.12 feet to the southwest corner of Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 THENCE along Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 and along land formerly of Homan and now or formerly of Ann and Eugene Burger North 43 degrees 26 minutes 50 seconds West, 700.41 feet to the southeasterly side of Middle Road (C.R. 48), the point or place of BEGINNING. TOGETIII:~R with all rigl~t, title and interest of the party of the first part, in and to the land lying in thc sl~eet in fi'ont of and adjoining said premises. T I T L E P 0 L I C Y ALTA OWNER'S POLICY o 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of tl)e 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, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE The following matters are expressly excluded [rom the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason o|: J. (a) Any law, ordinance or governmental regulation (including but net limited tn building and zoning laws, ordinances, or regulations) lestriding, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the choradur, dimensions or location of any improvement now or hereafter erected on the land; (iii) a seperation in ownership or a change in the dimensions or aree of the land or any parcel of which the land is ar was a part; or (iv) environmental protection, al the e~ed of uny violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dele of Policy. Cb) Any governmental police power not exclnded by Ce) above, except to the extent that a notice of the exercise thereof or a notice of a deled, lien or encumbrance resulting from e violation or alleged violation effeding the lend has been recorded in the public lecords at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at" Date of Policy, but not excluding J¥om coverage any taking which has occulted prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge· 3. Defeds, liens, encumbrences, adverse claims or other marlins: Ca) created, seffered, assumed or agreed to by the iasuled claimant; Cb) not known to the Company, not retained in the public records at Bate of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the dote the insuled claimant became an insured under this policy; Cc) resulting in no Joss or damage to the insured daimant; Cd) attaching or created suhsequenl to Date of Policy; or Ce) resulting in loss or damage which would not have been sustained if the insured claiment had paid value for the estate or interest insured bY this Policy. 4. Any claim which erises out of the transadion vesting Jn the Insured the estate or interest insured by Ibis policy, by reason of the operotien of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: Ca) the transaction creating the estate or interest insured by this policy being deemed a fraudulenl conveyance or fraudulent trunsfm; or Cb) the transaction creating the estate or interest insured by this policy being deemed a preferential lransler except where the Preferential hansfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Pa elof SeriaIP°~CY.o 0-8831-327210 NY-O01 (10-17 92) Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (63D 501-9615 Fax: (631) 501-9623 Date: June 13, 2005 Title No: 24S~0181 Melanie Doroski' Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Premises: Reference: Town of SouthoM 3670 Cox Lane Cutchogue, New York 11935 In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY SCHEDULE A Title No.: 24S-0181 Date of Policy: June 14, 2005 PolicyNo.: O-8831-327210 Amount of Insurance: $1,294,216.00 1. Name of Insured: County: Suffolk Town of Southold 2. The estate or interest in the land described herein and which is covered by this policy is: Development Rights Easement 3. Title to the estate or interest in the land is vested in: 'Town of Southold, who acquired Development Rights from Steven Dubner, by instrument dated 6/14/2005 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 084.00 Block: 04.00 Lot: 006.001, 4612 (7/93) Page2 S T E W A R T T I T L E INSURANCE COMPANY Stewart Title Insurance Company Title ~o: 24S-0181 Schedule A Description AMENDED 6/14/2005 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 798.34 feet northeasterly, as measured along the same, from the easterly end of the curve connecting the northeasterly side of Cox Lane with the southeasterly side of Middle Road (C.R. 48), said point being also at the northeasterly side of land formerly of Homan and now or formerly of Ann and Eugene Berger; RUNNING THENCE along the southeasterly side of Middle Road (C.R. 48) North 70 degrees 19 minutes 20 seconds East 54.63 feet to Lot 2 as shown on Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land the following (2) courses and distances: South 43 degrees 26 minutes 50 seconds East 544.80 feet; North 70 degrees 19 minutes 20 seconds East 262.58 feet to the southwesterly side of land formerly of Damianos and now of formerly of Eugene and Marie Vandenbosch; THENCE along said land the following two (2) courses and distances: South 43 degrees 32 minutes 50 seconds East 334.06 feet; North 60 degrees 31 minutes 10 seconds East 494.30 feet to land now or formerly of Herodotus Damianos and The County of Suffolk; THENCE along said land South 43 degrees 48 minutes 10 seconds East, 999.77 feet to land now or formerly of the Long Island Railroad; THENCE along said land the following three (3) courses and distances: South 59 degrees 47 minutes 20 seconds West, 350.00 feet; South 43 degrees 48 minutes 10 seconds East, 20.58 feet; TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. South 59 degrees 47 minutes 20 seconds West, 1274.22 feet to the northeasterly side of Cox's Lane; THENCE along the northeasterly side of Cox Lane, North 44 degrees 05 minutes 50 seconds West 1624.73 feet to apoint; THENCE along said land, North 67 degrees 37 minutes 50 seconds East 107.65 feet to the southeasterly side of Lot 3 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005; THENCE along said land and Lot Nos. 4 and 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 the following two (2) courses and distances: South 44 degrees 05 minutes 50 seconds East, 242.45 feet; North 67 degrees 05 minutes 10 seconds East, 768.12 feet to the southwest comer of Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 THENCE along Lot 5 as shown on above referenced Conservation Subdivision of Steven Dubner, last dated 5/24/2005 and along land formerly of Homan and now or fom~erly of Ann and Eugene Burger North 43 degrees 26 minutes 50 seconds West, 700.41 feet to the southeasterly side of Middle Road (C.R. 48), the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. ALTA SCHEDULE B Title No.: 24S-0181 Policy No 0-8831-327210 EXCEPTIONS FROM COVE1;L~GE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees Or expenses) which arise by reason of: 1. Survey made by $okn C. Eiders Land Surveyor dated July 7,2003 and last dated May 24,2005 shows premises as vacant land, dirt roads located near southerly and easterly lines, well located in center of property. 2. Company excepts p.ossible fights of others than the insured in, to and over the unpavod dirt roads as ~hown on survey herein, but the policy will insure that the use for Farmland protection will not be disturbed by re4~son theroofi 3. Declaration ~et forth in Liber 12369 at Page 976. 4. Unpaid water and/or sewer charges to date. if any. 5. Policy excepts the lie~ ofr~store, d taxe~, plus interest and penalties, if any. 6. Policy will except the torres and conditions of the Grant of Development Rights E~ernemt to be executed by SteV~ Dubne. r and the Town of Southold 4613 (2/93 Page 3 STEWART TITLE INSURANCE COMPANY L0/90 39Vd 333IA93N39±I±±~3±S ~E9610§I£9 6~:EI §00C/§0/00 ST'EWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 24S-0181 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831~327210 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Signed on June 14, 2005 ~[~t~wa~ ~itle Insuran/ompany , Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANY ' 1987 ~ President Secretary STANDARD NEW YORK ENDORSEMENT (9/I/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The fallowing terms when used in this polky mean: Ca) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would hove had against the named insured, those who succeed to the interest ef the named insured by operation of law os distinguished from purchase/ncludieg, but not limited to, heirs, distributeea, devisees, survivors, persenol representatives, next of kin, or corporate or Dduciah' successors. Cb) "insured dnimnnt": an insured claiming loss or damage. Cc) "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 mutters offeding the lend. Cd) "land": the land described ac referred to in Schedule A, and improvements affixed thereto which by law conslituto real properly. The term "land" does not include any properly beyond the lines of the area described or referred to in Schedule A, nor any Tight, title, interest, estate or easement in abutting streets, Toads, avenues, uJJeys, June& ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. Ce) "mortgage": mortgage, deed of trust, trust deed, or uther security instrument. Cf) "public records": records established under state statotes at Date of Policy for the purpose of imparting coestmctiv~ notice of matters relating to real properly to purchasels for value and without knowledge. With resped to Sedion I(u)(iv) of the Exclusions From Coverage, "public records" shall also ieclnde enviroementnl protedion liens filed in the records of the clerk of the Ueited States distrid coud for the district in which the land is lecotod. (g) "unmarketnbility of the title": an alleged or apparent matter affeding the flue to the land, not excluded or excepted from coverage, which would entitle n purchaser ef the estate ur interest described in Schedule A to be released from the obligation to purchase by virtue of a coetraduaJ condition requiring the delivery of marketable gila. 2. cohq'INUATIOId OF INSURAtlCE AFTER CONV~ANCE OF TITLE J'be coveloge of this policy shall continue in force as of Date of Policy in favor of an insured oeiy so lu~qg as the insured letains an estate or interest in the land, or holds en iedebtedeess secured by o purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranly mode by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in falce in favor of any purchaser from the insured of either (i) an estate or interest in the lend, or (ii) an indebtedness secured by o purchase money modgage given to the insured. 3, NOTICE OF CLAIM TO BE GIVEN BY INSUREO C~AIMANT. The insured shall nog~ the Company promptly in writing (J) in case of any litigation es set forth in Section 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss al damage far which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected us unmarketable. If prompt notice shall not he given to the Company, then as to the insured all liabilil? of the Company shall terminate with regard 1o the matter or matters for which prompt notice is required; provided, however, that failure to nogJ? the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure end then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUIY OF INSURED CLAIMANT TO ~COOPERATE Ca) Upon wriHen request by the insured and sebject to the opgons contained in Sedioo 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall plovide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, hut only as to those stated causes of action alleging adefad, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subjed to the right of the insured to object for masenahle cause) to represonl the insured as to those stated causes of action end shall not he liable fal and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which nrlege matters not insured against by this policy. Cb) The Company shall have the right, at its own cosl, to institute and prosecute any adion or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estnte or interest, as insured, or to prevent or reduce Joss or damage to the insured. The Company may take any appropgate action under the telms of this policy, whether or not it shall be liable hereunder, and shal! nut thereby concede liability or waive any provision of this pohcy. If the Company ? "exercise it rights undm this paragraph, it shall do so diligently. Cc) Whenever the Company shall have brought on adion or interposed a defense as required or permitted by the previsions of this policy, the Company may pursue any litigation to final determination by o court of competent jurisdiction (md expressly reserves the right, in its sole discregon, tn appeal from any adverse judgment or order. Cd) la all cases where this policy permgs or requires the Company to prosecute er provide for the defense of any edion or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and ali appeals therein, and permit the Company to use, at ils option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expeose, shall give the Company all reasonable aid (i) in aey action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the adion or proceeding, or effecting settlement, and (ii) in aey other lawful act which in the opinioe 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 flJilure of the insured to furnish the required cooperation, the Company's obligagons to the insured under the policy shall terminate, including any liability or obligation to defend, prusecule, or (ontinne any litigation, with regard to the molter al matters requiring such cooperation. 5. PROOF OF LOSS OR DA/~AGE. In addition to and after the notices required under Sedioe 3 of these Condilions and Stipulations have been provided the Company, a proof of loss or damage signed end sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shell ascertain lhe fads giving rise to the loss or damage. The proof of loss or damage shall describe the deled 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 Cempnny is prejudiced by the failure of the insured claimant to provide the reguired proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any JJobilDy or obligagon to defend, prosecute, or continue any litigation, with regard to the molter 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 [epresentalive of the Company and shall produce for examination, inspedion and copying, at such reasonable times and pieces as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before er after Date of Policy, which reasonably pettain ta the loss or damage. Fudher, if requested by ney authorized representative uf the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy nil records, beaks, ledgers, checks, correspondence and memoranda in the custody or central of a third party, which reasonably pertain to the loss or damage. All information desigoated as confidential by the insured cfaimanl provided to the Compaey pursuant te this Section shall net be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration uf lhe claim. Failure of lhe insured claimant to submit for examination under oath, produce other reasonably requested information or graet permissioo to secure reasonably necessary information from third parties as required in this paragiaph shall terminate any Dabilily ef the Company under this pobcy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SET[L~ CLAIMS; TE~INATION OF LIABILIIY. In cnse of a claim under this policy, the Company shug have the following additional options: Ca) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorney' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shull he surmedemd to the Company for cancellation. Ch) To Pay or Othenviso Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name af an insoled claimant any claim insured against undef this pohcy, together with any costs, attorneys' fees and expenses incurred by the insuled claimant which were authorized by the Company up to the time of payment and which the Company is obligated 1o pay; or (ii) to pay or othe~Jse settle with the insured claimant the loss or damage provided for under this pohcy, together with any costs, attorneys' fees and expenses incurred by the insured claimant whirh were authorized by the Company up to the time of payment and which the Company i ,ated to pay. Upon the exercise by the Company of either of the ~ (b)(i) or (ii), the Company's obligations to the insured under this, policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or conlinae any litigation. 7. DETERMINATION, EXENT OF UABILI'IY AND COINSURANCE. This policy is a contract of indemnity eqainsl adual 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. Ca) The liabiDty of the Company under this policy shall oat exceed lhe least of: (i) the Amount of Insemnce xtated in Sshedule A; m, (ii) the differeeee belween the value ef the insured estate ar interest es insured and the value of the insured estate or interest subjed ta the deled, lien or encumbrance insured against by this policy. Ch) In the event the Amount of Insurance stated ia Schedule A at the Dote of Policy is less than 80 percent of the value of lhe iesured estate or interest m the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Date of Policy on improvement is eroded on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of lesumnce stated ia Schedule A, then this Policy Js subject to the following: (i) where no sebsequeot Jmpreeement has been mede, ea ta any pattJal leas, the Company shall only pay the loss pro rata in the proportiee that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Dote of Policy; or (JJ) where a subsequent improvement has been mede, os to any partial loss, the Company shall only pay the loss pm rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum af the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shad eel apply to costs, attorneys' foes 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 Insemnce stated in Schedule A. Cc) The Company will pay only those costs, attorney's foes and expenses incurred ia accordance with Sedion 4 of these Conditions and Stipulations. 8. APPORJlON~NT. If the land described in Schedule A consists of two or more parcels which are not used os a single site, and a loss is established affectiag one or more of the parcels but not oil, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy wes divided pm rata os Io lhe ealue on ffete of Pobcy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otheeeise been agreed upon as to each parcel by the Company and the insured et the time of lhe issuance of this policy end shown by aa express statement ar by un endorsement attached to this poficy. 9. UMITATION OF UABILIIY. Ca) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of e right of access to or from the lend, ar cures the claim of uamarketabdily of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals thmefi'em, it shall have fully performed its obligations with respect to that matter add shell not be liable for any loss or damage caused thereby. Cb) In lhe event of any litigation, including litigation by the Company or with the Company's consent, the Compeoy shell have OD liability for loss or demage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. Cc) The Company shall not be liable far loss or damage to aay insured for JiahiDty voluntarily assumed by the insured in settling any claim or suit wilhout the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILI'ff. All paymeats under this pabcy, except payments made for costs, aHmeeys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. UABILI'It' NO NCUMU~ATIVE. It is expressly understood that the amount of insurance undm this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which e~ception is taken ia Schedule B or to which the insured has agreed, assumed, or taken sublet fi or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred ta in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. (a) No paymeet shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (continued and concluded from reverse side of Policy Fac," ,s provide~.~or in, pma~rephs' '' Cb) When liability . the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENTOR SE1TLEMENT. Ca) The Compon~s Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, oil right of subrogation shall vest in the Company unaffeded by any act of the iasured claimant. The Company shall be subrogotad to and be entitled to all rights and remedies which the insured claimant would hove had against any person or properly in respect to the claim had this policy not been isseed. 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 peaced this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle iu the name of the iosured claimant and to use the name of the insured claimant in aay traasection or litigation iavolviog these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogatad ta these rights aed remedies in the proportion which the Company's payment hears to the whole amount af the loss. If loss should result from any act af the insured claimant, as stated above, that oct shall eot void this policy, bul the Company, ia that event, shall be required ta pey only that patt of aay losses Jasamd against by this policy which shall exceed the amouut, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. Ch) The Company's Rights Against Non-insured Obligo~s. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, lhe rights of the insured to indemnities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason ef this policy. 14. ARBITRATION Unless prohibited by applicable Iow, either the Company or the insured may demand arbitration pursuant ta the Title Insurance Arbitration Rules of the American Arbilraflon Association. Arbittable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the broach of a policy provision or other obDgation. All arbitrable matters, when the Amounl of Insurance is S1,000,000 or less shall be arbitrated al the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of S1,000,000 shall be arbitrated only when agreed to by both the Cnmpaay and the insured. Arbitration pursuant to this policy and under the Rules ia effect on the dote the demand for arbitration is made or, at the option of the insured, the Rules in effed at Date of Policy shall be bidding epee the parties. The award may include attorneys' fees only if the laws of lhe state in which the land is located permit a court lo award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitratm(s) may be entered in any corot having jurisdiction thereof. The law of the situs of the land shaft apply to an arbitration under the Title Insurance Arbitration Rules. A copy of lhe Rules may be obtained from the Compaoy upeo reqoest. 15. UABIU'I'/UMITED TO THIS POLICY; FOUCY ENTIRE CONTRACT. Ca) This policy together with ali eedorsements, if any, attached hernia 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 es a whole. Cb) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. Cc) 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. SEVERAIIILIff. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force end effect. 17. NOTICES, WHERE SENT. All notices required to be given the Company and any statement in writing required to be [umished the Company shall include the number of this policy and shall be addlereed to the Company at 300 East 42nd Street, New York, New York 10017. STEWART TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street ~ York 10017 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of "~.2.-2-~' acres of active farmland and/or 0 acres of non-farmland, situated at Suffolk County Tax Map No. 1000-84-4-6.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor TOWN OF SOUTHOLD By: ~1~'~. t".~/~ , r Martin H. Sidor, DepUty Sup~rv'so 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner 140 Half Hollow Road Dix Hills, NY 11746 STATE OF NEWYORK ) )SS: COUNTY OF SUFFOLK ) On the J~flL'day of ~'Od-~.-- , 2005, before me personally appeared MARTIN H. SlDOR, 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 Deputy $upervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk County Commission Expires March 21, 20 ~ STATE OF ~¢~/~-k. ) )SS: COUNTY OF ~'g,~J~gt~k ) On the J(-!~ day of June, 2005, before me personally appeared STEVEN DUBNER, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. KAREN J. HAGEN NOTARY PUBLIC, State of New York No. 02HA4927029 Qualified in Suffolk Count-/ Commission Expires March 21, ~"0 ~ G R A N T S U B M I S S I O N 5681196'7 JUNE 01. 2006 ~tate of _~et~ ~orl~ CheckNo. 70745214 DEPARTMENT OF TAXATION AND FINANCF ~ DIVISION OF THE TREASURY BANK OF AMERICA 119 KNOW YOUR ENDORSER "'?O?I, SBI. I,,' I:O~,rlOOht, S~: MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (63 I) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hail 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 Via FedEx 848526109504 August 15, 2005 David H. Behm, Program Manager NYS Department of Agriculture & Markets Division of Farmland & Agricultural Protection 10B Airline Dxive Albany, NY 12235 Re~ Project: Town of Southold Contract No. C800556 - $1,350,000 DUBNER (south) Farm SCTM #1000-84-4-6.4 Dear Mr. Behm: I am pleased to advise you that on June 14, 2005, the Town of Southold acquired the development rights on the Dubner (south) Farm located on Cox Lane & County Road 48 in Cutchogue, New York. The easement comprises 46.222 acres of agricultural farmland. The total purchase price of $1,294.216.00 was based upon 46.222 buildable acres at $28,000/acre. ! am, therefore, submitting the following documents regarding the Town of Southold's request for State payment under contract #C800556 due to expire on July 1, 2006, for the development rights easement purchased from: Steven Dubner SCTM #1000-84-4-6.4 - Dubner (south) Farm · State of New York - Standard Voucher · Budget Report · Form B - Budget Information · · Executed Purchase and Sale Agreement dated 1/28/04 (copy) · Recorded Grant of Development Rights Easement dated June 14, 2005 (certified copy) · Two copies o£Appraisal dated May 21, 2003 · Title Insurance Policy #0-8831~3272105 issued by Stewart Title Insurance Company, title #24-S-0181 (copy) · Original letter from Town's Special Counsel dated 7/26/05 re: title exceptions no negative impact · Executed NYS Dept. of Agriculture and Markets Waiver (copy) · Monitoring Plan · Baseline Documentation report (copy) that includes survey Although calculations of expenses incurred by the Town for this project reflect a 75% State Funding reimbursement in the amount of $982,690.00, the Town anticipates collecting only the balance remaining ($889,330.00) on this grant contract after Dubner (north) Farm project has been reviewed and approved by your department. Please make any necessary adjustments to the payment voucher, if any, to reflect the funding balance remaining for distribution. Thank you. Very truly yours, Melissa Spiro Land Preservation Coordinator /md encs. bc: John Cushman, Town Comptroller w/ voucher & budget info AC 92 (Rev. 6/941 STATE or STANDARD VOUCHER NEW YORK Interest Eligible (WN) SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING 3_aPayee lc Additional I Zip Code 116001939 4703790001 11971-0959 4.~ Payee Name (Limit to 30 spaces) Town of Southold Payee Name (Limit to 30 spaces) Address (Limit ~ 30 spaces) 53095 Route 2~ P.O. Box 1179 Route Payee Amount IRS Code I IRS Amount Stat. TypeI Statistic ~ Ret/Inv. NO. (Limit (o 20 spaces) Dubner south City (Limit to 20 spaces) Southold (MM) 2 P-Contract 800556 (DO) (YY) IMIR D;te (MM) (DD) (YY)/ Indicator-Dept.. Ret/Inv. Date (MM) (DD) (YY) (Limit to 2 spaces) -~ State Zip Code NY { 11971-0959 Agricultural Land Development Rights DUBNER (south) Farm 46.222 acres - development rights easement Contract No. C800556 - $1,350,000.00 75% reimbursement = $982,690.00 reimbursement funding requested equals balance remaining on contract after disbursement for Dubner (north)Farm project JIndicator-Stalewlde $ 889,330:00 Payee Ceditication: I certify that the~fo~abo biff is just, true and correct; that no part lhereof has been paid except as stated and ha the balance is act II), due owing, and that taxes from which the State is exempt are excluded. Town of Southold FOR AGENCY USE ONLY Merchandise Received I cerlily that 1his voucher is correcl and just, and payment is approved, and Ihe goods or services rendered or lurnished ale {or use in the performance of the official functions and duties ol this $ 889,330. 00 $ 889,330. 00 STATE COMPTROLLER'S PRE-AUDIT Certified For Paymenl Vedfied Ne{ Amount Audited Cost Center Code Accum Cost Center Unit Object Amount Orig, Agency Liquidation PO/Contract Budget Report - New York State Dept. of AR & Markef-~ Contract No. C800556 DUBNER (south) FARM - Steven Dubner Payee Check No. Description Amount Steven Dubner 81862 Given Associates 72315 Nelson, Pope & Voorhis, LLC 76111 Steven Dubner 81862 (survey reimbursement) John C. Ehlers Land Surveyor Stewart Title Insurance Company 81865 Stewart Title Insurance Company 81865 Karen Hagen 81867 development rights 1,294,216 appraisal 2,200 environmental 1,100 assessment survey 6,750 title insurance deed recording fee closer attendance fee 5,587 300 100 Total Budget $ 1,310,253 Sepenoski Farm Project Actual Cost of Development Rights Administrative Costs $ 1,294,216 $ 16,037 Total Project Costs = $ 1.310.253 Fundinfl Local Match 25% = State Funding 75% -- Total Funding $ 327,563 $ 982,690 1~253 Fi'iSf se l Project Budget Farm Name: DUBNER (south) Farm Municipality: Town of Southold PROJECT COSTS Estimated Value of Conservation Easement [ $1,294,216 J (= $28,000/acre) Administrative Costs Title Insurance Survey(s) Appraisal Outside Legal Review Recording Fees Stewardship Fee Other Subtotal $5,587 $6,750 $2,20O $300 $1,200 $16,037 Identify: Phase I, ESA -- $1t00 and title closer attendance fee = $100 Administrative Costs (in-kind) Staff Time Travel/office expense Other Subtotal $0 Identify: Total Project Costs $1'310'253I $327,563 $0 $327,563 25% FUNDING SOURCES Local Match Funding Municipal Funds Landowner Donation In-Kind Other (foundation, federa!_, etc.) Subtotal % of total project costs Identify: State Funding State Funding % of total project costs above $982,690 75% LISA CLARE KOMBRINK, ESQ., P.C. 235 Hampton Road Southampton NY 11968 tel 631-287-3939 fax 631-287-3790 .luly 26, 2005 David Behm Program Manager New York State Department of Agriculture and Markets 103 Airline Drive Albany, New York 12235 Re: Steven Dubner to Town of Southold Sale/Purchase of Development Rights, Cox Lane, Southold, NY SCTM #1000-84-4-6.! -- Contract #C800556 Dear Mr. Behm: ! am Special Counsel to the Town of Southold (the "Town") for matters involving the purchase of development rights from agricultural lands. ! also represented the Town in the above transaction. ! have reviewed the following information from the Stewart Title !nsurance Company Title Report No. 24S-0181: Declaration of Covenants and Restrictions (L. 12369, page 976). In my opinion, the above document does not interfere with the agricultural and farmland protection purposes for which the development rights were acquired. This opinion is based solely on my review of this document and the Grant of Development Rights Easement executed by the parties. Please let me know if you require anything further. Thank you for your anticipated professional courtesy and cooperation. Very truly yours, Lisa LISA CLARE KOMBRINK LCK/ar P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Suffolk County Division of Real Estate Melissa Spiro, Land Preservation Coordinator June 14, 2005 STEVEN DUBNER (south) to TOWN OF SOUTHO! n SCTM #1000-84-4-plo 6.1 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the pumhase, please feel free to contact me. LOCATION: PROPERTY OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 3670 Cox Lane, Cutchogue Steven Dubner Closing took place June 14, 2005 $1,294,216.00 (based on 46.222 buildable acres @ $28,000/acre) 46.222 acres Community Preservation Funds (eligible for a partial funding reimbursement from a grant from NYS Dept. of Agriculture & Markets) This property is part of a conservation subdivision that received conditional final approval from the Planning Board on June 13, 2005, dividing the 53.77 acre parcel into Lot 1 (46.222 acres development rights easement to Town), Lot 2 (3.0 acres), Lot 3 {1.496 acres), Lot 4 (1.306 acres) and Lot 5 (1.747 acres) This property is listed in the Town's Community Preservation Project Plan. DUBNER to TOWN OF SOUTHOLD Development Rights Easement SCTM #1000-84-4-p/o 6.1 46.222 acres Closing held: June 14, 2005, Land Preservation Department Southold Town Hall Annex from left to ri.qht: Martin H. Sidor, Southold Town Deputy Supervisor Steven Dubner, Seller 2005 Suffolk County Tax Map Book 1000-84.-4-6.4 DUBNER (south) File View fooJber Help I84.-4-6.1 473889 Soothold ; by 3670 C~ Lo L~d S~ze. 53.~8 acres ::; ¢ u nar ~,_~ ~o~ty: 7200 Sale Total'. 0 Site :1 of i: Book Page SaeDate SalePnce Owne ~rp~:' Fieldcrop~ E~em¢ion Tote[ 1 Tern Own Building Code _ Amo~t Year bet Special District 2 Total:: 3 ~ue / ~ ' ~ ; Un~s Pct Type Mo~eTa~ Type Nabe FDO29: CutchogueFC :.00 00 ::00~' '' PK090 Cutch-NewS, .00 .00 .00 . % =rints the ~creer' PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave3 Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 13,2006 Ms. Marian Sumner Peconic Land Trust P.O. Box 1776 Southampton, NY 11969 JUN 2 1 2006 DEPT OF LAND PRESERVATION Re: Proposed Clustered Conservation Subdivision for Steven Dubner Located on the s/s/o County Road 48 and the e/s/o Cox's Lane, approximately 1,320' west of Bridge Lane, in Cutchogue SCTM#s1000-84-4-6.1 Zone A-C Dear Ms. Sumner: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, June 12, 2006: WHEREAS, this proposal is for a clustered conservation subdivision to subdivide a 53.77-acre parcel into five lots where Lot 1 equals 46.22 acres, upon which the development rights have been sold to the Town of Southold, Lot 2 equals 3 acres, Lot 3 equals 1.5 acres, Lot 4 equals 1.3 acres and Lot 5 equals 1.7 acres in the A-C Zoning District; and WHEREAS, on September 13, 2004, the Southold Town Planning Board granted conditional sketch approval upon the map prepared by John C. Ehlers, LS dated as last revised September 5, 2003; and WHEREAS, on June 13, 2005, the Southold Town Planning Board granted conditional final approval upon the map prepared by John C. Ehlers, LS, dated as last revised May 24, 2005; and WHEREAS, on November 16, 2005, the applicant submitted copies of the recorded Declaration of Covenants and Restrictions and the Road and Maintenance Agreement; and WHEREAS, on April 12, 2006, the applicant paid the park and recreation fee in the amount of $10,500; and Steven Dubner Subdivision Page Two June 13, 2006 WHEREAS, the applicant has requested that the Town of Southold accept the Certificate of Deposit #5200009277 in the amount of $34,185, in lieu of an Irrevocable Letter of Credit, pursuant to Section A106-39(A)(1 ) of the Town Code; and WHEREAS, on June 9, 2006, the applicant submitted five (5) mYlars and eight (8) paper prints of the final plat prepared by John C. Ehlers, L.S. dated July 7, 2003 and last revised on October 6, 2005, each containing the Health Department stamp of approval; be it therefore RESOLVED, that the Southold Town Planning Board finds that all of the conditions of conditional final approval have been satisfied by the applicant; and be it further RESOLVED, that the Southold Town Planning Board accepts the Certificate of Deposit #5200009277 in the amount of $34,185 and recommends same to the Town Board; and be it further RESOLVED, that the Southold Town Planning Board grant Final Plat Approval upon the map prepared by John C. Ehlers, L.S. dated July 7, 2003 and last revised on October 6, 2005, and authorize the Chairperson to endorse the final maps, after the Town Board accepts the Certificate of Deposit by formal resolution. Upon endorsement by the Chairperson, the mylar maps must be picked up at this office and filed in the Office of the Suffolk County Clerk. Any plat not so filed or recorded within sixty-two (62) days of the date of final approval shall become null and void. If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson enc: map CC: Assessors w/enc. Building Department w/enc. Land Preservation w/enc. 2 0 0 P H O T O S STEVEN DUBNER to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-84-4-6.4 (f/k/a SCTM #1000-84-4-p/o 6.1) 46.222 acres 3670 Cox Lane Cutchogue, New York Closing held on June 14, 2005 View from southwest corner of property from railroad tracks November 2005 STEVEN DUBNER to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-84-4-6.4 (f/k/a SCTM #1000-84-4-p/o 6.1 ) 46.222 acres 3670 Cox Lane Cutchogue, New York Closing held on June 14, 2005 View facing northeasterly from farm road along Cox's Lane November 2005 STEVEN DUBNER to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-84-4-6.4 (f/k/a SCTM #1000-84-4-p/o 6.1 ) 46.222 acres 3670 Cox Lane Cutchogue, New York Closing held on June 14, 2005 View facing northerly from farm road along Cox's Lane November 2005 STEVEN DUBNER to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-84-4-6.4 (f/k/a SCTM #1000-84-4-p/o 6,1) 46.222 acres 3670 Cox Lane Cutchogue, New York Closing held on June 14, 2005 View facing southeasterly from right of way perpendicular to Cox's Lane November 2005 STEVEN DUBNER to TOWN OF SOUTOLD Development Rights Easement SCTM #1000-84-4-6.4 (f/k/a SCTM #1000-84-4-p/o 6.1) 46.222 acres 3670 Cox Lane Cutchogue, New York Closing held on June 14, 2005 View from Route 48 facing southerly from private road November 2005 A E R I A L S 2001 Aerial DUBNER (south) Property 46.222 acres development rights easement 3670 Cox Lane, Cutchogue 28-1070 Scale 1:16207 t999 AERIAL PHOTO SHOWING SUBJECT S U R V E Y C, ON'SE:~.',/AT I ON 61.,1~Z21",/1'51 ON SITUATE: CUTCHOGUE TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUPFOLI< COUNTY TAX ~ I000 8,4-4 ©.1 FINAL SURVEy- . JUN 1 4 2005 Df T¥1cqC~,-,L F~I_OT PL,qN DEP1 OF LAND PRERERVAUON 600' · 0 0 I00 200 300 JOHN CS. 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 EHLERS LAND SURVEYOR N.Y.S. LIC. NO. 50202 REF-\~rIp server\d\PROS\03 -210.pro