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HomeMy WebLinkAboutDubner (North) 1000-84-1-8.1 (f/Ma 1000-84-1-p/o 8) Baseline Documentation Premises: · 24515 County Road 48 Cutehogue, New York 20.9216 acres Development Rights Easement STEVEN DUBNER to TOWN OF SOUTHOLD Deed dated January 12, 2005 Recorded April 27, 2005 Suffolk County Clerk - Liber D00012384, Page 373 SCTM #: Premises: 1000-84-1-8.1 (f/k/a 1000-84-1-p/0 8) 24515 County Road 48 Hamlet: Cutchogue Purchase Price: Funding: $603,621.00 (20.1207 buildable acres $30,000/acre) Community Preservation Fund (2% land bank) Grant Reimbursement: $460,670.00 NYS Ag & Markets C800556 CPF Project Plan: Yes Total Parcel Acreage: 22.9216 acres Development Rights: 20.9216 easement acres (includes .8009 acre LIPA easement excluded from purchase price) Reserved Area: 2.0 acres Zoned: A-C Existing Improvements: In January 2005 - 6 concrete pads w/M.H. (irrigation); 1 concrete pad in westerly corner w/pump; 2 steel LIPA towers; wood & wire fence northerly boundary DESCRIPTION LAND The subject is a parcel of land having an area of 23.90+ acres· It has a generally regular shape with a southerly border having 542+' of frontage along the northerly side of Middle Road, an irregular westedy border which runs a total distance of 1,875+', a northerly border of 454+', and an eastedy border of 1,768+'. 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. Middle Road is a four lane, publicly maintained, macadam paved highway. Public water is not available to the subject. In the addenda to this report, we have included a copy of the Suffolk County Tax Map showing the subject property. 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 primarily vacant, or improved residential properties. Land abutting the subject on its northerly and easterly sides is preserved as open space (development rights owned by the County of Suffolk and/or Town of Southold) GIVEN DESCRIPTION (CONTIUNED) IMPROVEMENTS The subject is vacant land, PRESENT USE AND OCCUPANCY The subject is presently vacant farmland. ~.GIVEN eo A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING TUESDAY~ JULY 1, 2003 (~ 7:30 P.M. MINUTES Present were: Ray Blum, John Sepenoski, Bill Edwards, Fred Lee, Melissa Spiro and Tom Wickham. Dubner - 84-1-8 - he has accepted this offer on the south piece and is now offering the north piece,, which is approximately 23 acres. It is currently being used as an active nursery. A motion was made by Pay Blum and seconded by John Sepenoski to have an appraisal done on this for the preservation of farmland and open space. All were in favor. P R 0 P E R T Y V I S U A L S 8 Tax_Map Location I 73 I ! '74 2 0 0 3 P H O T O S I I I I I I I ! 1 ! ! ! 1 SUBJECT PHOTOGRAPHS View of Subject - Facing Northerly Year 2003 ~GIVEN TM I I I I I I I ! I I I 1 I SUBJECT PHOTOGRAPHS View Westerly Along Middle Road (CR 48) View Easterly Along Middle Road (CR 48) Year 2003 ~GIVEN E N V I R O N M E N T A L S U M M A R Y I I I I I I I I I I I I I I I I Phase I Environmental Site Assessment Dubner Middle Road Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order deternnne 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 23.8 acre pamel of undeveloped farmland of which approximately 21.9 acres will be the subject of this report. The property is located on the north side of Middle Road, approximately 975 feet west of Bridge Lane. The property is more particularly described as Suffolk County Tax Map # 1000-084-01-p/o 8. The 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 is located in the extreme northwest comer of the property. A 275 gallon above ground diesel fuel storage tank is located adjacent to the pump engine. No staining or stressed vegetation was observed beneath or surrounding the pump engine or storage tank. It should be noted this area of the property is located within a 4.0+ acre area which had been designated for "farm related structures". A second irrigation well is located in the east central portion of the property and has a submersible pump. No structures, foundations, staining or stressed vegetation were observed on the subject property. A two (2) acre parcel located on the west side of the property is being retained by the property owner for future use. Historic aerial photographs from 1957, 1969, 1976, 1980, 1994 and 2001 were reviewed in order to determine past uses of the property. This review revealed the property has always been farmland. 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. 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. NELSON, POPE, & VOORHIS, LLC ENVIRONMENTkL · PLANNING · CONSULTING I ! ! ! Dubner Middle Road Property, Cutchogue Phase I ESA FIGURE 1 LOCATION MAP Dubner Middle Road Property, Cutchogue I I I I I I 0°~'4° ~'~ ~Ugenes:R~ I Cutc~ogue ~$tation ~[o/'//))~,(O I 'n]/t"O/)6' ~O 25 '~/"60.~ I 0 mi 0.2 0.4 0.6 0.8 Canadian authorities © Her Maiesty the Queen in Right of Canada © Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd I I NELSON. POPE 8' VOORItIS LLC ENVIRONMENTAL * PLANNING * CONS ULTING Page 7 of 24 I I I I I I I I FIGURE 2 SITE MAP 275 Gallon AST Dubner Middle Road ProperW, Cutchogue Phase I ESA I I I I I NORTH Page 9 of 24 m ! m FIGURE 3 GROUNDWATER CONTOUR MAP Dubner Middle Road ProperXy, Cutchogue Phase I ESA I SITE I ! ! m °30' / NORTH Page 1Sa of 24 OVERVIEW MAP - 01126410.1r - Nelson, Pope & Voorhis LLC Target Property Sites at elevations higher than or equal te the target preperty · Sites at elevations lower than the target property Coal Gasification Si~es ~, Nahonat Priority Ust Sites Landfill Sites Dept. Defense Sites TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: LAT/LONG: % Oil & Gas pipelines t 00-year flood zone 500-year flood zone Federal Wetlands State Wetlands Dubner Properties Middle Road Cutchogue NY 11935 41.0330 / 72.4920 CUSTOMER: Nelson, Pope & Voorhis LLC CONTACT: Steven J. McGinn iNQUIRY#: 01126410.1r DATE: February 10, 2004 9:37am DETAIL MAP - 01126410.1r - Nelson, Pope & Voorhis LLC / / Target Property Sites at elevations higher than or equa~ to the target property Sites at elevations lower than the target property Coal Gasification Sites Sensitive Receptors National Priority List Sites Landfill Sites Dept. Defense Sites Oil & Gas pipelines 100-year flood zone 500-year flood zone 1116 1/8 TARGET PROPERTY: Dubner Prope~ies CUSTOMER: Nelson, Pope & Voorhis LLC ADDRESS: Middle Road CONTACT: Steven J. McGinn CITY/STATE/ZIP: Cutchogue NY 11935 INQUIRY#: 0112641(3.1r LAT/LONG: 41.0330 / 72.4920 DATE: February 10, 2004 9:38 am PHYSICAL SETTING SOU RCE MAP - 01126410.1 r Major F~oads Earthquake epicenter, Richter 5 or greater Water Welts Public Water Supply Wells Cluster of Multiple Icons TARGET PROPERTY: ADDRESS: CITY/STATE/ZIP: I-AT/LONG: 1,2 { Groundwater Flow Direction ~r~ Indeterminate Groundwater Flow at Location ~ Groundwater Flow Varies at Location (~ Closest Hydrogeologicai D=ta 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 P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWIq CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CI,F, RK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 5 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 Tuesday, January 20~ 2004, at 8:10 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 propert3~ owned b¥ Steven Dubner. Said property is identified as SCTM #1000-84-1-8 and 24515 CR 48. The property is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and/CR 48, in Cutchogae. The development rights easement comprises approximately 21 .c, acres of the 23.9 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill ~ ~Am~ex, 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 8:10 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 #1000-84-1-8 and 24515 CR48. The property is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. 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 1 4 2O04 SOUTHOLD TOWN BOARD PUBLIC HEARING January 20, 2004 8:10 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS ON AGRICULTURAL LANDS OF DUBNER~ SCTM//1000-84-1-8 AND 24515 CR 48. 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% January 20~ 2004~ at 8:10 p.m, Southold Tow,~ ttall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for t6e purchase of a development rights easement on agricultural lands for a certain parcel of pr~)pertg owned by Steven Dubner. Said propert3, is identified as SCTM #1000-84-1-8 and 24515 CR 48. The property is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. I have a certification that it has appeared on the Town Clerk's bulletin board, it has appeared as a legal notice in the Traveler-Watchman and that is it. SUPERVISOR HORTON: Thank you, Councilman Wickham. Would anybody care to address the Board on this public hearing? Please, it is always a pleasure to have you speak to us about these transactions. [~]./~ (~ [~ ~ ~/TFE[} ] 2 200ZI ~__~ DEPT OF LAND PRESERVATION January 20, 2004 2 Public Hearing-Dubner, CR 48 MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Thanks. I am Melissa Spiro, the Land Preservation Coordinator. t will just step to the map for a minute and describe where the property is. The Dubner property is located on the north side of CR 48 in Cutchogue. It is located to the east of Graeb Greenhouses. Steve Dubner also owns the farm to the east, on which the development rights have already been sold to the County. He also owns the land across CR48, the subject of the next hearing. The farm is planted in active nursery stock. It is located within the A-C Zoning District, it is on our Farm Inventory and on our Community Preservation Plan. The total property area is approximately 23.9 acres. The landowner wishes to set-off one 2 acre lot to be located behind the existing lot on the westerly side of the property. The design layout for the 2 acre lot is subject to Planning Board review and approval. The acreage offered for preservation is approximately 22 acres. The LPC and applicant discussed a future area for ag structures, and it was agreed to allow a 4 (four) acre area for future Farm Related Structures to be located in the northwest comer of the property. The accepted purchase price for the development rights is $30,000 (thirty 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 farmland. I'd also like to thank the Peconic Land Trust for their initial work with Mr. Dubner. Both the Land Preservation Committee and I support this purchase and recommend that the Town Board proceed with the purchase. Thanks. SUPERVISOR HORTON: Thank you, Ms. Spiro. Would anyone else care to address the Board on this public heating? Yes, Ms. Taylor. MS. TAYLOR: What is the location? MS. SPIRO: Of that particular piece? On the 'north side, you know where Graeb's Greenhouses are? It is to the east of Graeb Greenhouse. SUPERVISOR HORTON: And it looks like it is, it is the third parcel west of Bridge Lane, on the north side of the road. At least, that is the way that it looks from the aerial. Would you like to view the aerial? We would be happy to bring it back to you. Would anyone else care to address the Board? (No response) Comments from the Board? COUNCILMAN EDWARDS: I would just like to say that this particular parcel is especially appealing to me as having been on the Committee because very rarely have we had a parcel where so much road frontage has been~ preserved as that stretch along Cox Lane. It is really a wonderful thing for scenic vistas. SUPERVISOR HORTON: Thank you, Councilman Edwards. We will close this public heating. Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVII,LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 65 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 pumhase a development rights easement on part of a certain parcel of property 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 property is identified as SCTM #1000-84-1-8 and 24515 CR 48, and is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre farm. The exact area of the development rights easement is subject to survey. The purchase' price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only I - PROJECT INFO~ corn leted by Applicant 1, APP=LICANT/SPONSO-~ ~ 12. PROJECT~,NAME 3 PROJECT LOCATION: 4. PRECISE LOCATION (Stree{ address ard road intersections, prominenl landmarks, etc., o~ provide map) · ~m ~lo~O- ~-I- 5. PROPOSED ACTION 7. AMOUNT OF LAND AFFECTED: B WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? !~ y~ ~ No If No, ~ ~ . W.AT,S PRESENT LAND USE,N V,C,N,~ OF pRO,EOT, Agriculture [] pa~FuesUOpen space .[--] Other / 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~Yes [] No If yes, list agency(s) name ar~ ~p~J~ aP~oeal$: - 11. DOES ANY ASPECT 0F THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No I¢ yes, ~ ~-mcy(s) name and perm~app~ovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? i CERTWY THAT THE INFORMAtiON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE '~ S~lure; ~ OVER 1 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 6t 7.47 If yes, coom'k~te Ihe rev~w~ p~ocees and use ~he FULL EAF. "° B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 RYcRR, PART 6t7.67 If No, a negatJve deslaratio~ r-]Yes J-~No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLL(~WlNG: (Answers may be handw~e~, If legible) C1. F._x~ing Idr quality, sudace or grousdwater quality or qua~, ix)4~ leve~s, exJsano Ira ff~c parle,m, solid waste ptoduc~:~ u dlSpOssl, pctefffial O. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? E] Yes [] No ' If Yes, eJq~aln brier~ E IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effec~ identified above, determine whether i~ is substan6al, large, important or othem~ise significant. Each effect shoed be assessed in connec~on v~h i~ (a) setting (i.e. urban or nx~l); (b) probability of occurring; (c) duration; (d) k'reversibility; (e) geographicscope; and (f) magnitude. Ifnecessary, addattachmentsorreferencesuppodJngmaterials. Ensurethatexplanationscontainsufficlunt detai~ to show that all relevant adverse impacts have been identified and adequately ad~essed. If question d of part ii was checked yes, the determioa§on of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. [] ~he~kthisb~xIfy~uha~eidenti~mdm~e~rm~¢epcten~a~y~arge~¢signi~ca~adverea~mpactswhichMAY~cur~ ThenpmceeddirectiytolheFULLEAI m~i/o~ prepare s po~lve des~ration. resu# i~ any sigrflficant advema enviro~me~si impacts AND p~ovfde, ~ ~ltachme~s es necessary, the reeao~s suing lhis delerml~alloo. Name of Lead Ager~cy P~nt~ o~ Type Name o~' Respo~bie Off~.a' in Lead Agency Signalure of Responsible Of I'll, er in Lead Agency Title of Resp~ible Of£~f · $ignatureotPreparei'(l[ditf'~en romrespoosi eo icer) P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Ma/n 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. 76 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 opporttmity to be heard; and WHEREAS, said property is identified as SCTM #1000-8f,~t-8 and 24515 CR 48, and is located / on the north side of CR 48, approximately 1,000 feet wes~ of the intersection of Bridge Lane and CR 48, in Cutchogue; and WHEREAS, the development rights easement comprises approximately 21.9 acres of the 23.9 acre farm. The exact area of the development rights easement is subject to the survey; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and WHEREAS, the property is adjacent to, 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 fights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $30,000 (thirty thousand dollars) per buildable acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; 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 property 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 property is identified as SCTM #1000-84-1-8 and 24515 CR 48, and is located on the north side of CR 48, approximately 1,000 feet west of the intersection of Bridge Lane and CR 48, in Cutchogue. The development rights easement comprises approximately 21.9 acres of the 23.9 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $30,000 (thirty thousand dollars) per buildable acre. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT STEVEN DUBNER to TOWN OF SOUTHOLD Development Rights Easement - 20.9216 acres (includes .8009 acre LIPA easement) 20.1207 buildable acres @ $30,000/acre Premises: 24515 County Route 48, Cutchogue, NY SCTM #1000-84-1-8 Closing held on Wednesday, January 12, 2005 at 12 noon, Conference Room, Southold Town Hall Purchase Price of $603,621.00 disbursed as follows: Payable to Steven Dubner Check #079716 (1/12/05) $ 603,621.00 Expenses of Closing: Appraisal Payable to Given Associates Check #072851 (8/12/03) Survey Payable to Peconic Surveyors, P.C. Check #075722 (3~23~04) Environmental Report Payable to Nelson, Pope & Voorbis, LLC Check #0761 '11 (4~20~04) Title Report Payable to Stewart Title Insurance Company Check #079718 (1/12/05) Fee insurance $ 2,931.00 Recording deed $ 300.00' *includes certified copy $ 2,000.00 $ 4,200.00 $ 1,100.00 $ 3,231.00 Title Closer Attendance Fee $ 75.00 Payable to Karen Hagen, Esq. Check #079717 (1/12/05) Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Steven Dubner Abigail A. Wickham, Esq. Karen Hagen Melissa Spiro Melanie Doroski Marian Sumner Tim Caufield Mark Terry Anthony Trezza Southold Town Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Peconic Land Trust Vice President, Peconic Land Trust Senior Environmental Planner Senior Planner VENDOR 004834 STEVEN DUBNER 01/12/2005 CHECK 79716 ~T~ ~ ~T~TT H3 .8660.2.600.100 P.O_~: T~VO T(TE 011205 DESCRIPTION AMOUNT DEV RIGHTS-20.120 603,621.00 TOTAL 603,621.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 _GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111' · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 July 29, 2003 Melissa Spire, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road $outhold, N.Y. 11971 Property of Steven Dubner, S.C.T.M. #1000-84-1-8 Located Northerly Side of Middle Road, Cutchogue, NY File~ 2003272 $2,000.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti 8/12/2003 8/12/2003 8/12/2003 8/26/2003 9/09/2003 9/23/2003 11/18/2003 Y 12/02/2003 Y 12/02/2003 8/12/2003 H3 600 8/12/2003 H3 600 8/12/2003 H3 600 8/26/2003 A 600 9/09/2003 H3 600 9/23/2003 H3 600 11/18/2003 H3 600 12/02/2003 H3 .600 12/02/2003 H3 .600 lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-08122003-452 Line: 106 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/12/2003 BDT 8/12/03 : : Trx Amount... 2,000.00 : : Description.. DUBNER APPRAISAL-84-1-8 : : Vendor Code.. 007416 : : Vendor Name.. GIVEN, SRPA/PATRICK A. : : Alt Vnd.. : : CHECK ........ 72851 SCNB : : Invoice Code. 2003272 : : VOUCHER ...... : : P.O. Code .... 10653 : : Project Code. : : Final Payment P Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : : Date Released 8/12/2003 : : Date Cleared. 8/31/2003 : : F3=Exit F12=Cancel F21=Image PE. _co c SV_?E¥ORS, P.O. Boxg09 1230 Traveler Street Sou'hold, N.Y. 11971 (631) 765-5020 · Fax (631) 76.~-1797 M~RCH 4, 2004 PECONIC LAND TRUST P.O. BOX 1776 SOUTHAMPTON, N.Y. 11969 JOB #: 04-105 FOR PROFE$SIO~L SERVI~ RENDE~ED~ ~ OUTLINE SURVEY OF PROPERTY AT CUTCHOGUE, NEW YORK. SUFFOLK COUNTY TAX MAP NO. 1000-84-01-08 t~r,C?~j - FEE: $ 4200.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 016144 PECONIC SURVEYORS, Y JE Date Trx. Date Fund Account ......................... Use Acti ., 7/31/2001 7/31/2001 H3 .600 8/28/2001 8/28/2001 A .600 ,, 6/03/2003 6/03/2003 H3 .600 ,, 12/02/2003 12/02/2003 H3 .600 ,Y,3/23/2004 3/23/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03232004-910 Line: 315 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/23/2004 SDT 3/23/04 : : Trx Amount... 4,200.00 : : Description.. SURVEY-DUBNER PROPERTY : : Vendor Code.. 016144 : : Vendor Name.. PECONIC SURVEYORS, P.C. : : Alt Vnd.. : : CHECK ........ 75722 SCNB : : Invoice Code. 04-105 : : VOUCHER ...... : : P.O. Code .... 12075 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... N : : Fixed Asset.. Y : : Date Released 3/23/2004 : : Date Cleared. 3/31/2004 : : F3=Exit F12=Cancel F21=Image : : : 572.Y,/alt'~hitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 04038 Project: VA01431 Dubner Property, 24515 Middle Road(C Manager: McGinn, Steven Town of Southold Dem of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spire Invoice #: 2378 Invoice Date: April 07, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,100.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 2/6 thru 3/10/04 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Eatmed: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Amount S loo. oo GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE &VOOR JE Date Trx. Date Fund Account ......................... Use Acti 1/20/2004 1/20/2004 H3 600 1/20/2004 1/20/2004 1/~0/2004 1/20/2004 1/20/2004 2/24/2004 3/09/2004 3/09/2004 4/20/2004 4/20/2004 4/20/2004 5/20/2004 /18/2004 /18/2004 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 1/20/2004 A 600 2/24/2004 B 600 3/09/2004 H3 600 3/09/2004 H3 600 4/20/2004 H3 600 4/20/2004 H3 600 4/20/2004 H3 600 4/20/2004 H3 600 5/18/2004 A 600 5/18/2004 H3 600 Select Record(s) ........................ Use Acti or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W~04202004-235 Line: 291 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 : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 76111 SCNB : : Invoice Code. 2378 : : VOUCHER ...... : : P.O. Code .... 11748 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 4/20/2004 : : Date Cleared. 4/30/2004 : : F3=Exit F12=Cancel : TOWN OF SOUTHOLD ~3095 MAIN ROAD ~0UTHOLD, NEw YORK ~ 1971-09S9 DATE 01/12/2005 DUBNER CLOSe7 , · · "o. 0 97':3.8 - CHEOK NO AMOUNT 79718 $3,231.00~ THREE THOUSAND TWO' HUNDRED THIRTY ONE AND 00/100 DOLLARS PAY TO THE ORDER OF ST~WARTTtTL~'INSURANCE CO, 12,5 BAyLIS R0~D, SUITE MELVILLE NY i17~7 ~,:~ ODOOON 0"' VENDOR 019624 STEWART TITLE INSURANCE CO. 01/12/2005 CHECK 79718 ~T~T~ ~ ACC©I~T H3 .8660.2.600.100 H3 .8660.2.600.100 TkIVOICE 24-S-0177 24-S-0177 DESCRIPTION AMOLTNT~ FEE POLICY-DUBNER/T 2,931.00 REC EASEMENT-DUBNER/T 300.00 TOTAL '3,231.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 SEVENTY FIVE AND 00/100 DOLLARS TOWN OF SOL~THOLD 53095 MAIN ROAD SOOTHO!iD. NEW YORK 11971:-0959 DATE 0,1/12/2005 DU ER cLos¥ ?_ ? GHEGK NO. AMOUNT 79717 $75,00 PAY TO KAREN HAGEN IUE 2675 KER~;IN BOULEVARD ORDER OF GREENPORT- NY 11944 ~l'O?q?im?l~' i:O ~ ~ ~ O0000m, 0 Ilm VENDOR 007707 KAREN HAGEN 01/12/2005 CHECK 79717 H3 .8660.2.600.100 P.©.~ TN-VOICE 011205 DESCRIPTION AMOUNT TITLE CLOSER-DUBNER/TO 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 R E C O R D E D D E E D Number of pages TORRENS Serial # Cedificate # Prior Ct£ # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee ~)e) __ Handling ~ TP-584 3J Notation EA-52 17 (County) Sub Total EA-5217 (State) R.P.T.S.A. ~.~ 0 O Comm. of Ed. 5 OO Affidavit Ce.i*edCopy /~5 __ Rog, Copy Sub Total Other /,~ __ GRAND TOTAL ,I Stamp Date Real Property Tax Service Agency Verification Dist.I Section I B lockILot~ 1000 08400 0100 008001 - Satisfactions/Discharges/Releases List Property Owners Mailing Addres~ RECORD & RETURN TO: Lisa Clare Kombrink 235 Hampton Road; 2nd Floor Southampton, New York 11968 Mortgage Amt. .1. Basic Fax 2, Additional Tax Sub Total SpecJAssit. Ot Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Apportionment __ Transfer Tax Mansion Tax The properly covered by this mortgage is will be imp[oved by a oue or two fan dwelling only. YES or NO If NO, see appropriale tax clause on pag of this instrument. J 6 Community Preservation Frill Consideration Amount $ CPF Tax Due $ TD TD TD ] Title Company hlformation Suffolk County Recording & Endorsement Page Thlspagefom~partoftheattached Grant. off Dovolopmont. Right:$ Easement, made (SPECI FY TYPE OF INS'IR! JlvlENT ) DUBNER The premises herein is situated itl SUFFOLK COUNTY, NEW YORK To ~n the Tow~l~p of TO~N OS SOUTHOLD IntheVILLAGE or IIAMLET of BOXES 5 TItRU 9 MUST BE TYPED OR PRINIED iN BLACK INK ONLY PRIOR TO RECORDING OR FILING, SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instruanent: EASEMENT/DOP Number of Pages: 20 Receipt Number : 05-0045271 TRANSFER TAX N/JMBER: 04-38602 District: 1000 ~ed Amount: Recorded: At: LIBER: PAGE: Section: Block: 084.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $O.OO Received the Following Fees For Above Instr%unent Exempt PaGe/FilinG $60.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $13.00 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO TRANSFER TAX NUMBER: 04-38602 Fees Paid THIS PAOE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 1 3 2005 OEPT OF LAND PRESERVATION Edward P.Romaine County Clerk, Suffolk County 04/27/2005 03:03~38 PM D0001238~ 373 Lot: 008.001 Exempt $5.00 NO $15.00 NO $0.00 NO $3O.00 NO $0.00 NO $133.00 1/4/04 North 1000-84-1-8 DEED OF CONSERVATION EASEMENT THIS CONSERVATION EASEMENT ("Easement") is granted this /2~r~ day of January, 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 Hain Road, P.O. Box 1179, Southold, New York. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 20.9216 acres, in one parcel located at 24515 County Road 48, Cutchogue, 11935 in the Town of Southold, Suffolk County, New York, SCTH# 1000-84-1-8, more fully described in EXHIBIT A attached hereto and shown on the survey dated February 18, 2004, and last revised 12/3/2004 prepared by Peconic Surveyors; 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 consists primarily of productive agricultural land. The Property contains 20.9216 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 49-030! 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 of...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 #:[, 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...l~t 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, SIX HUNDRED and THREE THOUSAND-SIX HUNDRED and TWENTY ONE Dollars(S603,621.00) and the mutual covenants, terms, conditions and restrictions contained herein, 2 of 20 the parties agree as follows: 1. 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 ]~t 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. ]~t 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 20 "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 Markets 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 new 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 18 ("Permission"). 11. Maintenance and Tmprovement 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. ~[n 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 construct 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. 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 1) 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. Tf, 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 Maintenance -- 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) L/ability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and IVlarkets 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 ooi-zo~-JF~o LlbA ULA~E KUM~INK PAGE 82 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 Markets, 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 pdce 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 of this easement. The Proportionate Share is 6'7%. 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 herealter 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 us_e 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 Markets 29. 1nterpretation 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. 1If 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 Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the PFoperty, 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 Markets 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 arising 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 WITNESS WHEREOF, Grantor and Grantee, intending to be legally Grantor:_~,C-_ jL~ -~' . _ STEVEN DUBNER (3-HUA Y. HORTON, SUPERVTSOR State of New York ) Cou.ty of Sa f(~/ k' ), ss: On the __day of c~g~_ in the year 2005 before me, the undersigned, personally appeared STEVEN DUBNER, persoiOilly known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature/office of in'd/-vffdual t i~ acknowledgement KAREN J. HAGEN 17 of 20 NOTARY PUBLIC, State ot New York No. 02HA4927029 ' Ouati~ied in Suffolk County ~ Commission Expires March 2.1, 20 ~ State of New York ) On the ]2~day of f~ q ~ in ~e yeax 2005 before me, the ~dersigned, person~ly appemed JOSHUA Y. HOR~, personally ~o~ to me or proved to me on the basis of smisfactou evidence to be the individual (s) whose name (s) is (me) subscribed to the wi~in instrument ~d ac~owledged to me that he/she/they executed ~e sine in hisSer/their capaciW (ies), ~d that by hisSer/their signature(s) on ~e inst~ent, ~e individual(s), or &e person upon behalf of which the individual(s) acted,~xecuted the inseam. Sign'a~ffice ~idfi~ ~i~g ac~owl~dgement Stewart Title Insurance Company Title 1~o: 24-S-0177 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48) as widened, distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the west side of Bridge Lane with the north side of Middle Road; RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30 minutes 00 seconds west 515 feet to other lands of Steven Dubner Landscaping; THENCE along said other lands of Steven Dubner: North 47 degrees 30 minutes 30 seconds West 190.41; South 42 degrees 29 minutes 30 seconds West 98.60 feet; North 47 degrees 30 minutes 30 seconds West 399.27; South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of Persistence Properties, LLC; THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30 minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and Michael Demchak; RUNNING THENCE along said lands of Maria and Michael Demchak and other lands North 70 degrees 26 minutes 30 seconds East 660.27 feet to a monument; THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of Middle Road, the point or place of BEGINNING. TOGETHER with all right, title and interest of the party of the first par[, in and to the land lying in the street in front of and adjoining said premises. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I, EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT ~F THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) "=~)O HEREBY CERTIFY THAT I I-lAVE COMPA~E_.,D~THE ANNEXED COPY OF'/"'7) DEED LIBER ~AT PAGE -.~ /,..~__ RECORDED ~/c //0'~ _ ~x~AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEMENT AND OF THE WHOLE THEREOF. MY HAND AND IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET , ,-~AFFIXED TH_..E SEAL OF SAID COUN-rY^N COU, 'r -H,S T I T L E P 0 L I C Y ALTA OWNER'S POLICY- 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 the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, 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 me,ers ere expressly excluded from the coverage of this polio/and the Compuny will not pay loss or domnpe, costs, attorneys' fees or expenses which arise by reason o[: ]. Ca) Any Iow, ordinance or governmental regulation (including but hal limited to building and zoning bws, ordinnnres, or regulations) restricting, regulating, prohibiting o~ relating to (i) the occupancy, use, or enjoyment of the land: (ii) the choroder, dimensions or location of coy improvement now or hereoffel eroded on the lend; (iii) a sepnrntion in ownership or o change in the dimensions or oreo of the land or any parcel of which the land is or wes a part; or (iv) environmenM protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that o notice aC the enforcement thereof or a notice of a defect, gan al encumbrance resulting from a violation or alleged violation affeding the land has been recorded in the public records at Date of Poticy. Cb) Any governmental police power not excluded by Ca) above, except to the extent that u notice of the exercise tbereof or a notice of a defect, lien or encumbrance resulting [rom a violation or alleged violation affecting the land has been recorded in the public records at Dote of Polio/. 2. Rigbi~ of eminenl domain unless notice of tbe exercise thereof has been recorded in ~he public records at, Date of Polio/, but not excluding Cram coverage any taking which has occurred prior to Date of Polio/which would be binding on the rights of a purchaser for value without knowledge. 3. Defeds, liens, encumbrances, adverse claims or other mailers: Ca) created, suffered, assumed or agreed to by the insured claimant; Cb} not known to the Company, hal recorded in the public Iecords at Date of Policy, but known to the insured cJoimm/t and ant disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this polio/; Cc) resulting in no loss or damage to the insured claimant; Cd) attaching or crealed subsequent lo Dote of Polio/; or Ce) lesulting in loss or damage which would not have been sustained if the insured daimanl had paid value for lhe agate or intmest insured bY this polio/ 4 Any c)aim which odses oul of the Uonsadion vesting in the insured tbe eslate m Jnlmest insured by this policy, by reason of the operation of federal bankluptcy, state insoJveno/, or similar cmdJlors' dghls laws, that is based on: (u) the tlansaction creating the estate m interest glsumd by this policy being deemed a fraudulenl conveyance m flaudulent trm/sler; or Ch) the lransactioa cleating the estate or interest Jnsmed by this policy being deemed a pmfelential lrmlsfm except wbme the prefmentiaJ tlansfer results flora the failure: (i) to timely record the instrument of transfm; or (ii) of such recordation to impaU notice to o purchaser for value al o judgnlenl or lien creditm 0--8831-- 3 2 8 2 7 5 NY 001 (10-17 92) Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (63D 501-9623 Date: January 7, 2005 Title No: 24-S-0177 Melanie Town of $outhold - Land Preservation Coordinator 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Premises: Town of Southold 24515 County Route 48 Cutchogue, New York 11935 In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OW~ER'$ POLICY SCHEDULE A Title No.: 24-S-0177 PolicyNo.: O-8831-328275 Date of Policy: JanuaD' 12,2005 Amount of Insurance: $603,621.00 1. Name of Insured: Town of Southold County: Suffolk 2. The estate or interest in the land described herein and which is covered by this policy is: E~Lsement 3. Title to the estate or interest in the land is vested in: l'own of Southold, who acquired Easement of Development Righls from Steven Du bner, dated 1/12/2005 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: 01.00 Lot: 008.000, 4612 (7/93) Page 2 STEWART TITLE INSURANCE COMPANY Stewart Title Insurance Company Title No: 24-S-0177 Policy No.: 0-8831-328275 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York, bounded and descfibed as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48) as widened, distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the west side of Bridge Lane with the north side of Middle Road; RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30 minutes 00 seconds west 543.36 feet to other lands of Steven Dubner Landscaping; THENCE along said other lands of Steven Dubner: North 47 degrees 30 minutes 30 seconds West 190.41; South 42 degrees 29 minutes 30 seconds West 98.60 feet; North 47 degrees 30 minutes 30 seconds West 399.27; South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of Persistence Properties, LLC; THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30 minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and Michael Demchak; RUNNING THENCE along said lands of Mafia and Michael Demchak and Other lands North 70 degrees 26 minutes 30 seconds East 660.27 feet to a monument; THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of Middle Road, the point or place of BEGINNING. AJ~TA OVv~ER'S POLICY SCHEDULE B Title No.: 24-S-0177 Policy N~ O-8831-328275 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Rights of tenant(s) or person(s) in possession, if any. Survey by Peconic Surveyors, last dated 12/03/2004 shows premises and more, survey reading'as to subject premises ("LOT 1") shows premises as vacant land, dirt farm roads located, concrete pads for inigation located, concrete pad for well pump and well located, 60 feet wide LIPA high tension line traverses premises , two steel towers for high tension wires lie within subject premises; fencing at north line varies up to 0.2 feet south of north line. Dirt farm road along easterly line appears to provide access to premises North and East and company excepts rights of others over said access dirt roads. Surveyor notes slight variations between record description and actual field measurements along east, south and west lines. 3. Street taking recorded in Liber 5752 at Page 70. 4. Street laking recorded in Liber 5830 at Page 236. 5. Easement set forth in Liber 10800 at Page 298 and Liber 14912 at Page 503. Policy excepts rights of others than the insured in, to, and over the unpaved dirt roads as shown on the survey herein as described in Schedule A, but policy will insure that use for Development Rights will not be disturbed by reason thereof. 7. Policy excepts rights of LIPA to maintain 60 feet easement, transmission wires and steel towers as set forth in survey reading herein and recited in Exception 4c above. 4613 (2/93 Page 3 S T E W A R T T I T L E INSUIDkNCE COMPANY STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY Title No.: 24-S-0177 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-328275 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 pr/or to the date hereof, and wh/ch 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 other~vise 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 January 12, 2005 Ste~w~,art Title Insurance C~mpany Signed b~ ~x ~ Authorized Office or Agent Stewart Title lusurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (9/I/93) FOR USE WlTH ALTA O~ NER'S POLICY (10/17/92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. The followin9 terms when used in this policy mean: (o) "insured": the insured named in Schedule A, nnd, subjed to any rights or defenses the Company would have hod against the named insured, those who succeed to the interest of the named insured by operation of Iow as distinguished from purahose indudinp, hut not limited to, heirs, distrJbutees, devisees, survivors, personal representatives, next of kin, or corpomle ar fiduciary successors. (h) "insured cJaimanr': an insured claiming loss al damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may he imputed to an insured by reaseo of the public records as defined in this policy or any othel recolds which impart construdive notice of mailers affecting the land. (d) "land": the land described or referred to Jn Schedule A, and improvements affixed lhereto which by law constitute 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 right, litle, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or wuterways, but nothing herein shall modify m limit the extent to which n right of access 1o and from the land is insured by this policy. (e) "mottgage'g modgage, deed of trust, trust deed, or other secug'ly instrument. (f) "public records'q records established under s~ate statutes at Date of Policy for the purpose of imparting constructive notke of mailers relating to real properly to purchasers for value nod without knowledge. With reaped tn Sedion l(a)(iv) of the Fxclusions From Coverage, "public records" shall also include environmental protection liens filed Jn the records of the clerk of the Uniled States dimid court for the district in which the land is located. (g) "unmalketahiJihj of the title": an alleged al apparent mailer nffecting the title 1o the land, not excluded or excepted from coverage, which would entille a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase hy virtue of a contradual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AI:TER CONVEYANCE OF TITLE. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate al interest in the land, al holds an indebtedness secured by a pumhase money modgage given by a purchaser from the insured, or only so long as the insured shall have liabihly by reason of covenants of warranly made by the insured in uny transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) oil indebtedness secured by a purchase money mortgage given to tim insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED ClfllMflNT. The insured shall notify the Company promptly in wdling (i) in case of nay litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come 1o 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 or damage for which the Company may he liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected ns unmarketable. If plompt notice shall ual be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the mabel or mattels for which prompt notice is required; provided, however, that failure to noti~j the Company shall in no case prejudice the rights of any insured under lhis policy unless lhe Compan~ shall he prejudiced by the failure and then only to the extent of the preiudice. 4. DEFENSE AND PROSECUTIOPl OF ACI'IONS; DUIY OF INSU RED C!.AIMANT TO COOPERATE. (a) IJpon written request by the insured uud suhjecl to the optimls contained in Sedion 6 of these Conditions and Stipulations, the Company, at its own cost and witJlont unreasonable delay, shall provide for the defense of an iasemd in liggation in which any third pady asserts a claim adverse to the title or interest as insured, bul only as to those stated causes of action alleging a defect, lien or encumhraace or other mdrer insuled against by this policy '[he Company shall have the right to select counsel of its own choice (subject to the right of the insured to object for reosenahle cause) to represent the insured as to those stated causes of action and shnJJ not he liable for and will not pay the fees of any other counsel The Company will not pay uny fees, costs or expaases incurred by the insured in the defense of those causes of action which allege matiels not insured against by this policy. (h) The Company shall have the right, at its own cost, to insgtule and prosecute any action at proceeding m to do any other act which ia its opinion may he necessary or desirable to establish the lille to the estate or interest, ns insured, or to preveol or reduce loss or damage to the insured. Tile Cmllpmry may take any appropriate action undel the lelma of this policy, whether or not it shall he liable hereunder, and shall not thereby concede liability or waive any provision nj tlgs policy. If the Company shall eXelCiSe il lights under this paragraph, it shall do so diligently. (c) Whenever the Company shall hove brought an action or interposed a defense as required ur permitted by the provisions of Ibis policy, the Company may pursue any litigation to final determination by a court of competent judsdidion a~ld expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In uti cases where this policy permits or requires the Company to prosecute ac provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute al provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name ef the insured for this purpose. Whenevm requested by the Company, the insured, at the Company's expense, shall give the Company all reaseaahle aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effeding settlement, and (ii) in any other lawful ad which in the opiuion of the Company may he necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the fadum of the insured to furnish the inquired cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or molters requiring such cooperation. 5. PROOF OF LOSS OR DflJ¥~GE. In addition to and after the notices required under Sedion 3 of these Conditions and Stipulations have been provided the Company, a proof of toss ur damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shnll ascertain the facts giving rise to the Joss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other mutter 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 er damage, if the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any Jiahihly or obligation to defend, prosecute, or continue any litigation, with repaid to the matter or matters reqeiring such proof of loss or damage. In addition, the insured claimant may reasenuhly be required to submit to examination under oath by any authorized representative of the Compuoy and shall produce for examinalion, inspection and copying, at such reasonable times and places as may he designated by any authorized replesentative of the Company, all records, books, ledgers, checks, colrespondence and memoranda, whether hearing a date before or after Date of Policy, which reasonably peltain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, Jn writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimnnt provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessep/ in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in this paragraph shall terminute any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SEFJLE C~IMS; TERMINATION OF LIABIUI~. In case of a claim under this policy, the Company shall have the following additional options: (o) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insulance under this policy together with any casts, aHorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or lender of payment and which the Company is obligated to pay. Upon the exercise by the Compnay of this option, nil liabdily and oblignlioas to the insmed under this policy, other than to make the payment required, shall terminate, including any liahiJily or obligation to defend, prosecule, or continue any litigation, nod the policy shall he surrendered to the Company for cnncellagon (b) To Pay or Olhenvise Settle With Parties Othec then the Insured oc With the Insured Claimant. (i) to pay or otherwise settle wiDi other parties for or ia the name of all insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expmlses iaculmd by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or othenNise sable with the insmed claimant tile loss or damage provided roi under this policy, together with any costs, attorneys' fees and expeases hmurred by the insured claimant which were authorized by lbe Company up to the time of payment and which lhe Company is" "-aled to pay. {continued and concluded on last page al this oolicv) I~UNUI I IUFI~/~NU ~ I II'UL/~ I IUri{~ t;onTIIIUeO (continued and concluded from reverse side of Policy Fact' Upon the exerdse by the Company of either of the op.~ns provLded for in paragraphs (b)(J) 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 mode, shall terminate, inchJdieg any liabilily or obligation to defend, prosecute or continue any IJlJgotion. 7. DETE~INATION, EXI'ENT OF UABILrlY AND COINSURANCE. This policy is o conttod of indemnily against adual monetary less or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of maHem insured against by this policy and only to the extent herein described. Ca) The liabiliw of the Company under lhis policy shall not exceed the least oft (i) the Amount of Iosulance stated in Schedule A; al, (ii) the difference be~een the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. Cb) In the event the Amount of Insurance stated in Schedule A ct the Date of Policy is less than 80 percent or the value of the insured estate or interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of insurance stated in Schedule A, then this Policy is subject to lhe fallowing: (i) where no subseqoent improvement has been made, as to any padial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insamnce at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Cempcey shall only pay the loss pro cora in the proportion that 120 percent of the Amouot of Insurance stated ia Schednln A bears to the sum of the Amount of Insurance stated in Schedule A and lhe amount expended for the improvement. The provisions of this paragraph shall not apply to costs, aMomeys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percenl of fhe Amount of insurance stated in Schedule A. Cc) The Company will pay only those costs, attorney's fees and expenses incurred in accordance with Section 4 cf these Conditions cod Stipulations 8. APPORTIONMENT. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed cnd settled on a p~o rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel fo the whole, exclusive of any improvements made subsequent to Dote of Policy, unless a liabilily or value has otherwise been agreed upon as to each parcel by the Company and the insured al the time of the issuance of this policy and shown by an express statement or by an endorsement aMached to this policy. 9. LIMITATION OP LIABILI'I'/. Ca) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures lhe lack of a right of ocsess to or from the land, or cures the claim of cnmarkntabilJh/of title, oil os insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals thereftom, it shall have fully pe6ormed its obligoUons with respect to that mattec and shall not be liable for any loss or damage caused thereby. Cb) in the event of any litigation, including litigation by]he Company or wilh the Company's consent, the Company shall have no liabilih/for loss or damage until there has been c final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insuled. Cc) The Company shall not be liable for loss al damage to any iosumd for liabilih/ voluntarily assumed by tile insured in seltling any claim or suit without the prior written consent of the Company. 10. REDUCTION 01: INSURANCE; I~EDUCTIO~I OR TE~INATION OF LIABILITY. All payments under this policy, except payments made fur costs, aMnrneys' fees and expenses, shall reduce the amount o( the insurance plo tanto. 11 LIABILIT'Y IlO NCUMULATIVE. tt is expressly understood that the amount of insurance undel this pa/ky shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which taken in Schedule B al to which the insured has agreed, assumed, or taken or which is hereafter executed by aa insured and which is a charge or lien on the estate or inlemst described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured ownel 12. PAYMENTOF LOSS. Ca) Nu paymenl shall he made without producing this policy fei 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 Cb) When liabilily u,,~ 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 day~ lhereafleL 13. SUBROGATION UPON PAYMENT OR SE'ITLEMENT. Ca) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, nil right of subrogation shall vest in the Company unaffeded by any ad of the insured claimant. The Company shall be subrogated to and be entiUed to all rights and remedies which the insured claimant would have had against any person or properly ie rasped to the claim had lhis policy not been issued. If requested by the Company, the insured claimant shall lransfer to the Compcny all rights and remedies against coy person or properh/necessary in ordul to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle Jn the name of the insured claimant end to use lbe name of the insured claimant in any transadion or litigation involving these rights or remedies. If a payment on account of a claim does nut fully cover the Joss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amoont of the Joss. If loss should result from any act of the insured claimant, as stated above, that ad shall not void this policy, but the Company, in that event, shall be required to pay only that part of any Josses ioscmd against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. Cb) The Compo ny's Righls Against Non-insured Obligols. The Company's right of subrogation againsl non-insured obligors shall exist and shall include, without limitation, the ~ights 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 rigbls by reason of this policy. 14. ARBITRATION Unless prohibited by applisebJe law, either the Company or the insured may demand arbitration pureeaot tn the Title insurance Arbittctioe Rules of the American Arbitration Association. Arbitrable mclters may include, but are not limited to, any controversy or claim be~veen the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance o~ the breach of a policy prnvisian or other obligation. All arbitrable matters, when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of eithm the Company or the insured. All arbitrable mailers when the Amount of Insurance is in excess of 51,000,000 shall be arbitrated only when agreed tn by both the Company and the insured ArbitlaUen pursuant to this policy and under the Rules in erred on the date the demand for arbitration Js made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include aHomeys' fees only if the laws of the slate in which the Icnd is located permit a court tn award attorneys' fees to a prevailing parly. Judgment upon the award rendered by the Athihator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the load shall apply to an arbitration undm the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITEI) TO THIS POLICY; POLICY ENTIRE CONTRACT. Ca) This policy together with all endolsements, if any, attached hereto by the Compnny is the entire policy and contrad between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. Ch) 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 intelest covered hereby or by any action asserting such claim, shall be restricted to this policy. Cc) No ameodmenl of or endorsement to this policy can be made excepl by a wilting endolsed hereon or oi~ached hereto signed by either the President, a Vice President` the Secretary, an Assistant Secretary, or validating officer aT authorized signatory of the Company. 16 SEV£RABILI'P/. la the event any provision or the policy is held invalid al unenforceable undm applicable law, the policy shall he deemed not to include that provision and all other provisions shall remain in full force and effod 17 NOTICES, WHERE SENT. All notices required tn be given the Company end any statement in writing required to he furnished the Company shall include the nmnhm of this policy and shall be addressed to the Conlpa ny at 300 East 42 nd Street, New York, New York 100] 7 ST E~ART TITLEc"r 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 New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New 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 20.1207 acres of active farmland and/or 0 acres of non- farmland, situated at Suffolk County Tax Map No. 1000-84-1-8 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Proiect Sponsor ,' Landowner TOWN OF SOUTHOLD By' /'Joshu~ Y'. Horton, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STEVEN DUBNER 140 Half Hollow Road Dix Hills, NY 11746 STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the ~day of Jc~'zz,_/~¢._, 2005, before me personally appeared JOSHUA '¥. HORTON, personally known to meter provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. LINDA J COOPER NOTARY PUBUC, State of New Yolk NO. 01 CO4822563, Suffolk T~.rm I=~,nll'e8 December 31, 20.Y.~ STATE OF ~k~O~ ) COUNTY OF~DC¢O~-I~ ) )SS: On the ~"~'~['~ day of January, 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. WENDY DUBNER Notary Public, State of New York No. 02DU5062654 Qualified in Nsssau Coun~ _ Commission Expires July 1 ~ G R A N T S U B M I S S I 0 N ? 7 56811967 JUNE 01 2006 ~tate 0[ ~'~£~l~tl ~131'[t Check No. 70745214 KNow YOUR ENDORSER Pay hi AndrewS. Erisloff, Commissioner, Tax& Finance ""707h5 ~l,h," ":OI2, q00LL5,: MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Via FedEx 848526109504 August 15, 2005 David H. Behm, Program Manager NYS Department of Agriculture & Markets Division of Farmland & Agricultural Protection 10B Airline Drive Albany, NY 12235 Re: Project: Town of Southold Contract No. C800556 ' $1,350,000 DUBNER (north) Farm SCTM #1000-84-1-8.1 Dear Mr. Behm: I am pleased to advise you that on January 12, 2005, the Town of Southold acquired the development rights on the Dubner (north) Farm located along County Road 48 in Cutchogue, New York. The easement comprises 20.9216 acres of agricultural farmland that includes an .8009 acre LIPA utilities easement. The total purchase price of $603,621.00 was based upon 20.1207 buildable acres at $30,000/acre. I 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 #1000-84-1-8.1 - Dubner (north) Farm · State of New York - Standard Voucher · Budget Report Form B - Budget Information Executed Purchase and Sale Agreement dated 12/19/03 (copy) Recorded Grant of Development Rights Easement dated January 12, 2005 (certified copy) Two copies of Appraisal dated July 17, 2003 Title Insurance Policy #0-8831-328275 issued by Stewart Title Insurance Company, title #24-S-0177 (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 The Town of Southold anticipates a State Funding reimbursement for the Dubner (north) Farm project in the sum of $460,670.00 provided the above documentation is approved after your review of same. If acceptable as is, a balance of $889,330.00 will remain on this grant award contract. The remaining funding available will be used for the Dubner (south) Farm project reimbursement submitted together herein. 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 Originating Agency 3_.] Payee ID 116001939 (MM) SEE INSTRUCTIONS ON REVERSE SIDE BEFORE COMPLETING STATE OF STANDARD VOUCHER NEW YORK Orig. Agency Code Interest Eligible (Y/N) (DO) (YY) ~Y 4A ddiJ°~ al 00703790 Zip Code Route 11971-0959 4J Payee Name (Limit to 30 spaces) Town of Southold Payee Name (Limit to 30 spaces) Address (Limit to 30 spaces) 53095 Route 25 Address (Limit to 30 spaces) P.O. Box 1179 City (Limit to 20 spaces) Southold Voucher No. P-Contract C800556 (Limit to 2 spaces) ..~ Zip Code 11971-0959 Liability Date (MM} (OD) (YY) Payee Amou.t I MIR Da/te (MM)/(DD)(YY) IRS Code I IRS Amount Stat. Type] Statistic Indicator-Dept. Indlcator-Statewide 5_.J Ref/Inv. No. (Limit to 20 spaces) Dubner north Ref/Inv. Date (MM) (OD) (YY) Agricultural Land Development Rights DUBNER (north) Farm - formerly known as S. DUBNER & E. VANDER BAASH Farm 20.9216 acres - development rights easement Contract No. C800556 - $1,350,000.00 75% reimbursement requested $889,330.00 balance remaining on contract to be used toward Dubner (south) Farm project Payee Certification: I certify lhat the a e bill is iust, true and correct; that no part thereof has been paid except as stated and that 8/15 /05J Town of Southold Date Name of Company Date Page No By FOR AGENCY USE ONLY I certify that this voucher is correct and just, and payment is approved, and the gocds or services agency Authorized Signature Date Tgle Expenditure · Cost Center Code Accum Object Amount Cost Center Unit 670. 00 STATE COMPTROLLER'S PRE-AUDIT Venfied Audited Special Approval (as Required) By Liquidation Orig Agency PO/Contract Bud.qet Report - New York State Dept. of A.q & Markets Contract No. C800556 DUBNER (north) FARM - Steven Dubner SCTM #1000-84-1-8.1 Payee Check No. Description Amount Steven Dubner 79716 Given Associates 72851 Nelson, Pope & Voorhis, LLC 76111 Peconic Surveyors~ P.C. 75722 Stewart Title Insurance Company 79718 Stewart Title Insurance Company 79718 Karen Hagen 79717 development rights appraisal environmental assessment survey title insurance deed recording fee closer attendance fee 603,621.00 2,000.00 1,100.00 4,200.00 2,931.00 300.00 75.00 Total Budget $ 614,227.00 Sepenoski Farm Project Actual Cost of Development Rights Administrative Costs $ 603,621.00 $ 10,606.00 Total Project Costs = $ 614,227.00 Fundinq Local Match 25% = State Funding '75% = Total Funding $153,557.00 $ 460,670.00 $ 614,227.00 Form B Project Budget For the Purchase of Development Rights Farm Name: DUBNER (north) Farm Town of Southold PROJECT COSTS Value of Development Rights Administrative Costs Title Insurance Survey(s) Appraisal Outside Legal Fees Recording Fees Stewardship Fee ($7,500 max.) Other: Phase I - ESA Other - Closer attendance fee Subtotal Administrative Costs (in-kind) Staff Time Travel/office expense Other: Town's Legal Counsel Subtotal 603,621.00 I(= $30,000/acre) $ 2,931 $ 4,200 $ 2,000 $ $ 300 $ $ 1,100 Identify: $ 75 Identify: $ 10,606 Identify: TOTAL PROJECT COSTS 614,227 I 153,557 153,557 25% FUNDING SOURCES Local Match Municipal Funds Landowner Donation In-Kind (from subtotal above) Other (foun~dation, federal, etc.) Subtotal % of total project costs State Funding State Funding % of total project costs above $ 460,670 Identify: LISA CLARE KOMBRINK, ESQ., P.C. 235 Hampton Road Southampton NY 11968 tel 631-287-3939 fax 631-287-3790 3uly 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 Southo d Sale/Purchase of Development Rights, County Road 48, Cutchogue, NY SCTM #1000-84-1-8 -- Contract #C800556 Dear Mr. Behm: I am Special Counsel to the Town of Southold (the "Town") for matters involving the purchase of development rights from agricultural lands. I also represented the Town in the above transaction. I have reviewed the following information from the Stewart Title Insurance Company Title Report No. 24S-0177: Street takings (L. 5752, page 70 and L. 5830, page 236). In my opinion, the above documents do 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 these documents 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 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 raelissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (63 ! ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: January13,2005 Re: STEVEN DUBNER to TOWN OF SOUTHOLD SCTM #1000-84-1;~ (Lot #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 purchase, please feel free to contact me. LOCATION: 24515 County Road 48, Cutchogue PROPERTY OWNER: Steven Dubner PURCHASE DATE: Closing took place 1/12/05 PURCHASE PRICE: $603,621.00 (based on 20.1207 buildable acres @ $30,000/acre) EASEMENT AREA: 20.9216 acres (includes 0.8009 acre LIPA easement area) FUNDING: Community Preservation Funds (eligible for a partial funding reimbursement from a grant from NYS Dept. of Agriculture & Markets) MISCELLANEOUS: This property is part of a conservation subdivision approved by the Planning Board dividing the 22.9216 acre pamel into Lot 1 (20.9216 acres development rights easement to Town) and Lot 2 {2.0 acres). This property is listed in the Town's Community Preservation Project Plan. Supervisor Joshua Y. Horton and Steven Dubner Closing on development rights easement = 20.9216 acres SCTM #1000-84-1-8 Premises: 24515 County Route 48, Cutchogue, NY Melissa Spirot Land Preservation Coordinator Joshua Y, Horton, Southold Town Supervisor Steven Dubner, Property Owner Marian Sumner, Peconic Land Trust File Vie~ Toolbar Help ' · ' 84-1-81 473889:Southold ActYe R/S:1 School: HaUituckSch IDubne, ste~n Bo}lYe? ~Cu. Yr F~ld =,~P, LandAV: 5.200 24515 ~CR 48 Lend Siz~ 20_92 acres To[~AV: 5;200: OWne[ Tot~ ~ ; Ta~able Value Miscellaneous ""'~ nubnbr C~n:y ~ 00 ; Book A~dl Add~: ~un~ 1 Page: P0 Box: . ~. ank: Qty: DxHI~.N~ ZiF ~1!7~4G: Sch afler ~r: !uu Acer No~, 13 sac ~]~ o Ste 10~ Land Book Page ~abD~te Sale'ice ~,~ Prpcls Field~o~ ~h~ Cd: 0 Cp~ ~nt Ye~ PC~ ' ~ :~ a1720AG DIST 5;10,0 0 0 Double click to open a ~window 2 0 0 P H O T O S Supervisor Joshua Y. Horton and Steven Dubner Closing on development rights easement = 20.9216 acres SCTM #1000-84-1-8 Premises: 24515 County Route 48, Cutchogue, NY Melissa Spiro, Land Preservation Coordinator Joshua Y. Horton, Southold Town Supervisor Steven Dubner, Property Owner Marian Sumner, Peconic Land Trust DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo taken from s/w entrance at Rt 48 facing north easterly DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo taken from s/w side facing north (reserved area) DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo of concrete slab with pump ~n n/w corner DUBNER (north) SCTM #1000-84-t-8 n/s Rt 48, CutCh0gue photo taken from n/w corner facing south easterly DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo taken from dirt road in center n/s facing south to Rt 48 DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo taken from n/e corner fence post facing south westerly DUBNER (north) SCTM 81000-84-1-8 n/s Rt 48, Cutchogue photo taken from s/e corner facing northwesterly DUBNER (north) SCTM #1000-84-1-8 n/s Rt 48, Cutchogue photo taken from s/e corner facing ~st along Route 48 2 0 1 0 U S E R E V I E W R E Q U E S T Suffolk County Farmland Committee c/o Suffolk County Planning Department 100 Veterans Memorial Highway, PO Box 6100, Hauppauge, NY 11788-0099 T: (631) 853-$191 F: (631) 853-4044 Chairman Bennetl S. Orlowski, Jr. Russell Barnett Ronald Bush Note Corwin Lee Fosler Daniet Frlcke O[ney M. Gardiner Alfred Kilb, Jr. Joseph Krukowski Dale D. Moyer Eugene Murphy Jeffrey Rotlkarnp Charles F. Scheer, Jr. Albert Schmitl John Turner Counsel Thomas Young Advlsor~ Allan S. Connell Joseph M. Gergelo, III William Sanok Jessico L. Kalmbacher Andrew Amokawa Karen Timlin April 22, 2010 Mr. Eugene VandenBosch Northeast Nurseries County Road 48 P.O. Box 1158 Cutchogue, New York 11935 RE: "Northeast Nurseries'.' ( 1000-084.00-01.00-007.003 & 1000-084.00-01.00-007.004) Development Permit Application - Deer Fence Structure FC-4-2010 Dear Mr. VandenBosch: The Suffolk County Farmland Committee ("Committee") met on April 6, 2010. At that meeting, the Committee reviewed your request to install deer fence structures for the purpose of curbing potential crop damage caused by a growing deer population in recent years. The Committee approved, with conditions, your request for a permit to install and maintain the aforementioned structure, as outlined in the enclosed.permit. Please contact me if you have any questions. Sincerely, Bennett S. Orlowski, Jr. Chairman Andrew Amakawa Research Technician Enclosure Cc: Thomas A. Isles, Director, SC Department of Planning Ms. Heather Lanza, Director, Town of Southold Department of Planning SC Real Property Acquisition and Management Division, Inventory Unit Suffolk County Farmland Committee c/o Suffolk County Planning Department i00 veterans Memodal Highway, PO Box 6100, Hauppauge, NY 11788-0099 T: J6311 853-5191 F: (6311 853-4044 PERMIT Pursuant to the Suffolk County Farmland Committee resolution number FC-4-2010, the landowners, Eugene VandenBosch and Steven Dubner, owning the underlying fee to the parcels for which the County of Suffolk has purchased the development rights to 30.2 acres, identified by the Suffolk County Real Property Tax Map (SCRPTM) lot numbers 1000-084.00-01.00-007.003 and 1000-084.00-01.00- 007.004 (hereinafter referred to as the "PREMISES"), or their designee(s), are hereby authorized to modify the premises by installing deer fence structures as delineated in the Suffolk County Soil and Water Conservation District site plan and specifications submitted by the applicant, copies of which are held on record in the Office of the Planning Department of Suffolk County (hereinafter referred to as the "SITE PLAN"), and subject to the conditions herein. WHEREAS, pursuant to Chapter 8 of the Suffolk County Administrative Local Laws, a proposal to modify the property known as "Northeast Nurseries," owned by Eugene VandenBosch and Steven Dubner, has been received by the Suffolk County Farmland Committee; and WHEREAS, "Northeast Nurseries" is located on land situated north of Middle Road (CR 48), east of Cox Lane, and west of Bridge Lane in the hamlet of Cutchogue, identified by SCRPTM numbers 1000-084.00-01.00-007.003 and 1000-084.00-01.00-007.004; and WHEREAS, the applicant is seeking a permit authorizing the installation and maintenance'of deer fence structures; and WHEREAS, the proposed deer fence structures shall not exceed a height of eight feet and shall consist of wooden posts and galvanized high tension woven wire; and WHEREAS, the proposed deer fence structures shall enclose a portion of the property and shall not exceed a total linear length of 4,250 feet, as delineated in the submitted site plan, and subject to the conditions herein; and WHEREAS, the applicant has applied for a United States Department of Agriculture grant to assist in covering the costs for the proposed deer fencing; and WHEREAS, this proposed modification to the property is intended to curb potential crop damage caused by a growing deer population in recent years; and WHEREAS, said application was considered by the Suffolk County Farmland Committee at its meeting on April 6, 2010; now, therefore, be it 1st RESOLVED, that the Suffolk County Farmland Committee hereby finds and determines that this proposal constitutes a Type II action pursuant to 6 NYCRR {}617.5(¢)(3)(1995), which completes the SEQRA review; and be it further 2nd RESOLVED, that the proposed action complies with chapter 8 of the Suffolk County Administrative Local Laws; and be it further 3~d RESOLVED, that the proposed action complies with all adopted Suffolk County Farmland Committee guidelines; and be it further PermilstSouthold~10~O0840001CO007003 (04-2010) PMT(deer fence)doc Page 1 of 2 4th RESOLVED, that the proposed action will not alienate the development rights acquired by the County of Suffolk; and be it further 5th RESOLVED, that the proposed action will not undermine the long-term viability of the natural resources; and be it further 6th RESOLVED, that the proposed action limits the negative impacts to groundwater, soils, and view sheds as is practicable; and be it further 7th RESOLVED, that the proposed action will not negatively impact adjacent properties; and be it further 8th RESOLVED, that the proposed action minimizes all negative externalities as is practicable; and be it further 9th RESOLVED, that the County of Suffolk hereby grants permission to erect and maintain the structures described herein subject to the following conditions: 1. that no construction activities associated with the above listed improvements shall be made prior to issuance of the permit; 2. that any soil disturbance shall be minimized to the greatest extent practicable; 3. that soil disturbed in conjunction with the installation of the aforementioned improvements shall be revegetated upon completion of installation activities; 4. that the County of Suffolk and/or its agents reserve the right to inspect the premises; that the landowner(s), lessee(s), and farm operator(s) shall agree to the terms herein and shall comply with all local, county, state, and federal statutes, rules, regulations, and guidelines; and that failure to comply with the regulations of chapter 8 of the Suffolk County Administrative Local Laws, as may be amended, the terms of the contract of sale, as may be amended, the deed of development rights, as may be amended, and the terms and conditions specified in this permit shall be subject to the penalties defined in said documents, as may be amended, and the County of Suffolk reserves the right to pursue any and all legal remedies herein mentioned or otherwise available at taw including administrative, civil, and criminal actions. All landowners and interested parties, whether present or future, shall be subject to the terms specified in this permit. The relocation, modification, expansion, or demolition of said structures shall require prior approval by the County of Suffolk. DATED: April 22, 2010 APPROVED BY: Thomas A. Isles, AICP Director of Planning Planner Andrew Amakawa Research Technician L:~armland Preservatic~t Program~SC Farmland Cornmittee~FC Me.ling Page 2 of 2 Northeast Nurseries COUNTY ROAD 48 P,O. BOX 1158 CUTCHOGUE, NY 11935 (631i 734-6196 Fax {631) 734-7896 February. 14, 2010 Mr. Thomas Isles, Director, Suffolk County Dept. of Planning H. Lee Dennison Building - 4~h Floor Veterans Memonal Highway- P.O. I~ox 6100 Hauppauge, NY 11788-0099 De, ar Mr. Isles, I am writing this letter to request permission to install deer fencing on land enrolled in the Suffolk County Farmland Preservation Program. The tax map nambers of the plots in the progr~n that are to be fenced are as follows: 473889 84.- 1-7. I through -7.4. The enclosed aerial photograph, supplied by Suffolk COUnty Soil and W~er. shows the proposed location of the fence. The fence will also enclose land not enrolled in the County Preservation Program. The entire fimce is approximately 7442 ft. long with 4250 ft on County preserved land. Th~ fence is approximately 8 ft. high galwni:,ed high tensile woven wire, The fence will be installed by Romanski Irrigation as per the ~ecifications required by Suffolk County Soil and Water. Pa~ of the funding for this project c~omes from grant money obtained by Suffolk County Soil and Water. The rest of the money will come from Northeast Nurseries. The land to be enclosed and Northeast Nurse6es is owned by me, Eugene VandenBosch and my partner Steven Dubner. Deer fencing is a last resort for Northeast. Our yearly losses to deer damage combined with labor and materials required to prou~ct plants individually anmunt to close to $29,000.00 per year. Deer taken on a nui~e~ ~t helps bat i~creased deer population combined with irate neighbors does not solve the problem. ! thank you for your attentiun on this matt~, Sincerely, Eugene VandenBosch, Manager and Partner D£PT Of LAN9 ~R~SERVATION N 0 500 1 inch = 500 feet Feet 1,000 Northeast Nurseries Operator: Gene Vandenbosch 2007 Aedal Photography Suffolk County Soil & Water Conservation District 423 Griffing Ave., Riverhead, NY 11901 Created by: Sharon Frost February 8, 2010 A E R I A L S 2001 Aerial DUBNER (north) Property 24515 County Road 48, Cutchogue Total Acreage: 22.9216 acres S U R V E Y TEST HOLE 517104 SLtFFOL. K COUNT)' DEPARTbIENT OF' H~-AL 7'11 SERVICES fIAUPP~US'~, N. Y. O~TE THIS ~S 70 CERTIFY TH~ T THE PROPOSED ~L TY SL~t~tSION ~ DEVELOPMENT F~ ................ 4~ ~ THE .......... · tTH A TOTAL OF LOTS ~A~.~PPROVED ON ~ ABOVE DA YE. ~A TER SUPPLES AND S~AGE ~SPDSAL FACILITIES ~US[ CONFORM TO CONSTRUCTION ST~,~ ~ EFFEC~ ~ o LIPx~- CONe P~,D / LOT 2 AREA-2.0000 ACRES LOT 1 PURCHASE OF SOUTHOLD TOWN DEVELOPMENT RIGHTS KEY MAP SCALE.: 1 "=$00' FINAL SURVEY SETOFF STEVEN DUBNER LANDSCAPINO AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-84-01-08 SCALE: 1'--i00' Feb. 18, 2004 June 25x 2004 [tidal/lions) Nov, I~ ::?.00'~ (revldons) De~. ~ ~.00~t (cerllficoflotls) / ~tEREBY CERTIFY THAT THIS SUBDIVISION PLA T WAS MADE FROM ACTUAL SURVEYS COMPLETEL~ ~:/1~/o4 , THAT ALL MONUMENTS SHOWN THUS, ~ ACTUALLy EXIST AND THEIR POSITIONS ARE CORRECTLy SHO~N ARC ALL DIMENSIONAL AND GEODETIC DETAILS ARE CORRECT. ~NN F METZG~ N.Y.S. L,S. LIC. NO, 496/8 / HEREBY CERTIFY THAT THE WA TER SUPPL Y(SI AND, OR SEWAGE DISPOSAL SYSTEM{SI FOR THIS PROJECT WERE DESIGNED BY ME OR UN~JER ~tY DIRECT/ON. BASED UPON A CAREFUL ~ND THROUGH STUDY OF THE SOIL, SITE AND GROUNDWATER CONDITIONS. ALL LOT$; AS PROPOSED, CONFORM TO THE SUFFOLK COUNTY DEPARTMENT OF HEAL TH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF THIS DA TE. CERTIFIED TO, THE TOIFN OF SOUTHOLD STEICART TITLE INSURANCE COMPANY 'l ROAD TYPICAL PLO T PL,~N OFCNEI~i l'tO ,HALF HOLLOW ROAD DIX HILLS, NY 117~6-' ZONING DtSTRICTr A~-C SCHOOL Ot$~tCT: 9 ~7~E'D~$11~CT. CUTCHO~U~ 2004 OEP? P~ESERWTION 765-5020 FAX (63L) R.O. BOX 909 t2JO '' : SOU TNOLD,