The URL can be used to link to this page

Home My WebLink AboutNYS Federation of Growers & Processors Association, Inc.1000-74-4-4.9 Baseline Documentation Premises: 31800 County Road 48 Peconic, New York 4.6 acres Conservation Easement NEW YORK STATE FEDERATION OF GROWERS & PROCESSORS ASSOCIATION, INC. to TOWN OF SOUTHOLD Easement dated April 29, 2004 Recorded May 24, 2004 Suffolk County Clerk - Liber D00012320, Page 981 SCTM #: Premises: Hamlet: Purchase Price: Funding: Private Grant: CPF Project Plan: Total Parcel Acreage: Development Rights: Zoned: Existing Improvements: 1000-74-4-4.9 31800 County Road 48 Peconic $260,000.00 (per contract) Agricultural Lands ~ Preservation & Open Space Capital Funds $38,000.00 Yes 4.6 acres 4.6 easement acres A-C In 2004 - none Ilo Part 2. A. Description of the Subject Site: Site The subject parcel is located on the south side of Route 48, approximately 300' west of a private mad in the hamlet of Peconic, township of Southold, county of Suffolk. The subject was formerly two contiguous parcels and has been recently combined into one 4.6 acre parcel. The lot has development rights intact and appears to be buildable subject to the application process. The subject has a site plan to build a daycare/nursery school. The plan has not received final approval. This appraisal will concern the 4.6 acres. The subject is unimproved. It is level, open, with part fallowland and part planted in potatoes. The lot dimensions are 577' north on Route 4.8 by 496' east by 389' south by 428' west with an enmmce area fxom Route 48 of 65' x 320'. The lot is flag shaped and the entrance is to be from the northwest comer only (curb cut). The south boundary is on Long Island Railroad. This has very little adverse effect on market value. The soils are mostly haven loam HaA and HaB. The slopes are 0-6%. The hazard of erosion is slight and the soils are commonly used for the growing of crops and for housing developments. Route 48 is a macadam road publicly maintained. There are storm drains, cement curbing, and streetlights. The public utilities are underground electric (to the subject site), and telephone. There is Suffolk County water and private wells also. There would be private cesspools with septic systems. The subject is located in a predominately farm area. The area is also mixed~use with light commercial and residential subdivisions. The nearest commercial shopping area is Southold Village located approximately ½ mile to the southeast. Peconic hamlet has a very small commercial area with a post office and few stores. 13 P R 0 P E R T Y V I S U A L S (C.R. 48) ( ~:~'rH .0^~) LOT (~) LONG ISLAND RAIL ROAD L 0 N G I S L A ~ ~octon P~. THC PECONI, 11958 63 $ 074 08~1:1 08-1:1 \ \ 08--1~ ~oer~vAddress Route 48 Peeonic York Count. Suffolk ?~[ O~ 11958 [.encJers^ddress Main Road, Southold, NY 11971 Ao0ra~rs^ddre~ PO BOX 63, Mattituek, NY 11952 Subject Look Southeast Subject Look Southwest I 68 ~r~lie.~ T0~ ~f Sou~ ~;~es~ ~in Road, Southold, ~ 11971 ~;~;~w D ~e ~m~S~sA~e~ ~ BOX 63 ~ttituck, ~ 11952 subject Look West Subject Look Northwest Border I 69 York Town of Southold D. Stype Courtly Suffolk Zip C~ 11958 Le~de~$^~ldres~ Main Road, Southold, NY 11971 ApwsisefsAdd~ss ~0 Box 63, Mattituck, NY 11952 Subject South Boundary LI~LR Subject Street I 7O E N V I R O N M E N T A L S U M M A R Y Matthews & Matthews Attorney! At Law 191 New York Av~aue Hual~gmn, N~ Yo~ 11743 F~: 631~2~30 April 1, 20O4 VIA FAC, flMII~ Lisa Clar~ 235 Hampton Ecl Southampton NY 11968-50;27 Re: N~v YOl~ $la~ Fed~l'slion, ~. with Towa of 5oulllold 5al~ of De~'elopm~nt Rights, pm of 5CTM# 1000-74-4-4.9 D~r Ms. )Iombrink: The fucl taak in isauc has bm disposed of in accordance with applioable laws snd t~i~htions. The i~voioe is attached. Tb~ soil text has bean completed aud we have b~u v~rbally advised that the re~ul~ ~'~ negative. We will fot~an:t th~ ~uJta shortly. Oac~ thcse mattcr~ ar~ sa~isf~;~ily resolved, is thee any other impediment to scheduling the closing that you am aware Ttumk you for your artmfion to ~ malt~. Ve~ truly yours, Susan Toths f)[PT. OF LANO PRESERVATION Phase 1 Environmental Site Assessment Grace's Place 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conchtions (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 Peconic, Town of Southold, County of Suffolk, New York. The 4.6~acre agricultural property is located on the south side of Middle Road (CR 48), approximately 300 feet southwest of Paul's Lane, a private right-of-way. The property is mom particularly described as Suffolk County Tax Map # 1000-744)4-4.7 and 4.8. An inspection of the property revealed the site consists of fallow farmland. The western portion of the property is significantly more overgrown than the eastern section. Former crop rows were noticeable in the eastern half of the property. Some roadside debris was observed along Middle Road (CR 48). One (1) 550-gallon storage tank, on its side, was observed in the southeast corner of the property. The tank contained some sludge-tike material. This liquid was level with the bottom of an access hole on the top of the tank. It is unknown if this liquid is all rainwater or if the liquid was spilled on the ~ound when then tank was illegally disposed on the subject property. At present, there is no evidence of staining of spill, staining, odors or stressed vegetation indicative of a spill in the area of this tank. Utility poles with transformers were observed along the no,hem boundaD, of the subject property. No building footprints or evidence of former buildings were observed on the property. No staining, residue, odors, or stressed vegetation was observed on the property. A previous Phase I investigation conducted by Dvirka and Bartilucci in 2001 indicated that the subject property had been leased to Briarcliff Sod and has been used as a sod farm since approximately the late 1980's. Prior to this, the property was used as a potato farm and may have been used as a potato farm from the early 1900's. A Phase li site assessment was conducted by Freudenthal and Elkowitz (F&E) in 2002 in response to recommendations made in the Phase I site assessment. Soil and ~oundwater samples were collected and analyzed for chlorinated pesticides, herbicides, organophosphorus pesticides, perchlorate and RCRA metals. The groundwater samples were collected from a new monitoring well and an existing test well that was previously installed in conjunction with a subdivision application. No pesticides or metals were detected in the groundwater samples and nitrate concentration was below NYSDEC standard. It was reported in the Phase II that groundwater sample collected and analyzed in the early 1990's had concentrations of nitrate that were higher than NYSDEC standard. It was noted that the NYSDEC has reported that the groundwater in the vicinity of the Grace's Place, Peconic Phase I ESA subject property has been know to be contaminated with nitrates. Several chlorinated pesticides were detected in the soil samples below action levels, however. Dieldrin and Endosulfan sulfate and arsenic were detected at slightly above the Recommended Soil Cleanup Objective. No Sanborn map coverage was available for the subject properly. Aerial photographs from 1969, 1976, 1980, 1994 and 2001 were reviewed in order to determine if any prior uses occupied the site. This review revealed the property was farmland during this period. The USGS Southold Quadrangle map dated 1956 also depicted the subject property as vacant land. An extensive government records search found no potential sources of environmental de~adation on the subject property~ Several State and County documented regulated sites were noted within one-half (0.5) mile of the site. Specifically, one (1) PBS facility and one (1) closed LUST and one (1) active spill were noted in the vicinity of the property. In conclusion, this assessment has revealed evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The 550-gallon storage tank located in the southeast comer of the property should be removed and properly disposed of. Once the tank is removed, the area beneath and surrounding should be examined for the presence of volatile and semi-volatile compounds using a portable organic vapor analyzer or photoionization detector since the tank contained some liquid which was level with an access hole on the top of the tank. If the property is to be used for residential purposes in the future it is recommended that public water be obtained or a welt be installed to a depth where contamination from agricultural chemicals and nitrates have not had an impact on water quality. FIGURE 1 LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale Grace's Place, Southold Phase I ESA NORTH Graee~s Place, Soutbold Phase I ESA FIGURE 2 SITE MAP Source: NYSGIS Ortho~magery Prognun, 2001 Scale: t" = 200' NORTH + Grace's Place, ~outhold Phase ! ESA FIGURE 3 WATER TABLE MAP 61015" : ' ~.~&' " LF~'~ '-' ~'-''', .' ,' ,'~ ~' ',~ t125~ ,:.' .~&., ,. ~ , , 51171 ADprox mate '~ ,~. 53338 ,q,/ '-, -, ,.'.,, ,/ ,..y., , -, )~ ., -,. , - ' ~z / ~'. ~ ........ ~ ~ %, / ." r' -, ~, ~- .... - '}, ~ ~871] &REAl .............. 20' Source: SCDHS Water Table Contour Map, 1997 Scale: l" = 8,000' NORTH P U B L I C H E A R I N G ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 835 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 16, 2003: 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 6~ 2004~ at 5:05 p.m.~ Southold Town Hall~ 53095 Main Road, Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place). Said property is identified as SCTM #1000-74-44.9 and 31800 CR 48. The property is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The development rights easement comprises the entire approximately 4.6 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. The Town may be eligible for a grant from the New York State Department of Agriculture for partial purchase of this property and part of the purchase price may be reimbursed from that agency. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk SOUTHOLD TOWN BOARD PUBLIC HEARING January 6, 2004 5:05 P.M. HEARING ON THE PURCHASE OF THE PURCHASE OF A DEVELOPMENT RIGHTS EASEMENT ON AGRICULTURAL LANDS OF NYS FEDERATION OF GROWERS & PROCESSORS ASSOCIATION (A/K/A GRACE'S PLACE)~ SCTM#1000-74-4-4.9. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman Thomas H. Wickham Councilman Daniel C. Ross Councilman William P. Edwards Town Clerk Elizabeth A. Neville Town Attorney Patricia A. Finnegan Absent: Councilman John M. Romanelli 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 Tuesday~ Januarv 6~ 2004~ at 5:05 p.m. Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on agricultural lands for a certain parcel of property owned by NYS Federation of Growers & Processors Assoc. Inc. {a.k.a. Grace's Place'}. Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48. The property is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The development rights easement comprises the entire approximately 4.6 acre parcel. The exact area of the development rights easement is subject to survey. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fired $38,000 of the development rights purchase with funds from a private grant. 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 confirmation that is has appeared as a notice on the Town Clerk's bulletin board and a legal notice in the Traveler-Watchman and there is no further correspondence in our file. January 6, 2004 2 Public Hearing-NYS Federation of Growers SUPERVISOR HORTON: Thank you, Councilman Wickham. Are there comments from the floor? Ms. Spiro, if you would like to address the Board. MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator, I would like to just point out some things about this purchase. As Councilman Wickham mentioned the farmland is 4.6 acres. It was originally 2 lots of an 8 lot subdivision, which was approved by the Planning Board in the early 90's. Once the subdivision was approved, the 8 lots continued to be farmed for awhile while the lots were listed for sale. Then, I believe, the farmland was left fallow. In 2002, the town purchased a 12.25 acre development rights easement on 6 of the 8 lots. The restricted 12.25 acres were purchased by a new owner, who then leased the land to a traditional farmer and it has been farmed since then. The remaining 2 lots were purchased by the NYS Federation of Growers & Processors Association and that owner received approval from the Planning Board for a site plan known as Grace's Place. In June of 2003, the NYS Federation of Growers submitted an application to the Land Preservation Committee offering the development rights on the 4.6 acres, that is, the remaining 2 lots. The plan is for the Town to pumhase the development rights easement, and for the restricted land to be sold by the NYS Federation of Growers to the adjacent landowner who currently owns the restricted 12.25 acres of farmland. The adjacent landowner is in contract with the NYS Federation of Growers to purchase the restricted land and the NYS Federation has signed the landowner's part of the Town's contract for the purchase of the development rights. The purchase price is in accordance with an appraisal prepared by Andrew Stype. Both the Land Preservation Committee and I recommend that the Town Board proceed with the purchase of this development rights easement. Thanks. SUPERVISOR HORTON: Thank you, Ms. Spiro. Are there comments from the floor on this public heating? (No response) We will close the heating. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVIIJ.E TOWN CLERK REGISTHAR 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. 26 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2004: WItEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on the entire, approximately 4.6 acre parcel of agricultural lands owned by the NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Grace's Place), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant. The Town may be eligible for an additional 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 P U R C H A S E R E S O L U T I O N ELIZABETH A. NEVII.LE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 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. 38 OF 2004 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 6, 2004: WHEREAS, the Town Board of thc Town of Southold held a public hearing on the question of the purchase of development rights on the property owned by the NYS Federation of Growers & Processors Assoc. Inc. (a.k.a. Gracc's Place) on the 6th day of January 2004, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-74-4-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic; and WHEREAS, the development rights easement comprises the entire, approximately 4.6 acre parcel, and the exact area of the development rights easement is subject to 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 12.25 acres of farmland on which the Town owns a development rights easement; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development rights purchase with funds from a private grant; 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 the entire~ approximately 4.6 acre parcel of agricultural lands owned by the NYS Federation of Growers & Processors Assoc. Inc. {a.k.a. Grace's Place), pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-744-4.9 and 31800 CR 48, and is located on the south side of CR 48, approximately 1300 feet west of the intersection of Peconic Lane and CR 48, in Peconic. The purchase price for the development rights easement is $260,000 (two hundred and sixty thousand dollars). The Town will fund $222,000 of the development rights purchase with Town funds, and will fund $38,000 of the development r/ghts purchase with funds from a private grant. The Town may be eligible for an additional 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 NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION, INC. to TOWN OF SOUTHOLD Development Rights Easement - 4.6 acres Premises: 31800 County Rd 48, Peconic SCTM #1000-74-4-4.9 Closing took place on Thursday, April 29, 2004 at 12:30 p.m., Southold Town Hall Purchase Price $ 260,000.00' disbursed to Seller as follows: Payable to New York State Federation of Growers and Processors Association, Inc. Check #75953 $ 240,432.00 Payable to Century 21 Agawam Albertson Check #75950 (seller's broker fee) $ 19,320.00 Payable to Fidelity National Title Check #75951 (seller's title closing fees) $ 248.00 *private grant of $38,000,00 (check #894523) received from Thomas Hubbard towards development rights purchase Town's Expenses of Closing: Appraisal Payable to Andrew Stype Realty, Inc. Check #72797 (8/12~03) Survey Payable to Peconic Surveyors, P.C. $ Check #76337 (5/4/04) **Split 50/50 with T. Hubbard = $350.00 check #2504 Environmental Report Payable to Nelson, Pope & Voorhis, LLC $ Check #76501 (5/18/04) $ 1,000.00 700.00** 1,250.00 Title Report Payable to Fidelity National Title Check #75951 Title insurance Recording deed Closer Payable to Karen Hagen, Esq. Check #75952 $1,471.00 $ 199.00 $ 1,670.00 $ 50.00 Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. James F. Matthews, Esq. Susan Tuths, Esq. Peri Youmans Karen Hagen, Esq. Melissa Spiro Melanie Doroski Frank Murphy Southold Town Supervisor Special Counsel for Town of Southold Attorney for Seller Attorney for Peconic Land Trust Peconic Land Trust Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst Real Estate Broker · ~&3095~ MAIIq ~OAD ~ ~bUTH~I~D, ~ETM YbRK 13a~i -09~9 DATE CHEOK NO. AMOONT 04/29/2004 75959 $24 ' 432 00 .~W© HLrNDRED FORTY TI{©[3S~.I~D .FOUR HUNDRED THIRTY TWO .A2~TD 00./1D, · D.OL~S "'075q55,' ~:0~,05~,~,': &~, OOOOOh VENDOR 014563 NYS FEDERATION OF GROWERS AND 04/29/2004 CHECK 75953 Hi .8686.4.000.000 TB 38 042904 H2 .8686.2.000.000 TB 38 042904 DESCRIPTION AMOUNT DEVELOP RGHTS-4.6 44,337.28 DEVELOP RGHTS-4.6 196,094.72 TOTAL 240,432.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 TOWN OF-SOUTHOLD 53095 f~A~N ROAD ). NEW YORK t1971-0959 PREPAID DATE CHECK NO, o4/29/2oo' 7s so HUNDRED TWENTY ~%ND 00/100 DOLLARS 3 ~ gENTUR¥ 2 1 ~AGAWAM ,~BERTSON AMOUNI' $19,320.00 0IlI VENDOR 003172 CENTURY 21 AGAWAM ALBERTSON 04/29/2004 CHECK 75950 ~r~Tl~ ~ ~,oc'©ITN]T H2 .8686.2.000.000 P,O,# INVOICE TB 38 042904 DESCRIPTION AMOUNT BROKERS FEE-NYS FE 19,320.00 TOTAL 19,320.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 PAY '(O THE . TOWN OF SO-Grt~OLD ACCOUN~ OF OJPMorcjan Private BanR ThJr[y-Elght Thoasaad And No/100 Dollars I:O;~&OOOOS~,~-' DOb% ith JP MORGAN CHASE BANK Payable At JP MOR(3AN C~ASE BANK NEW YORK~ NY ,'DO,°, q h S PB 8945 DATE 0 4/2 3 ~t04: FROM: Andrew Stype Realty, Inc. Box 63 Mattituck, NY 11952 516-298-8760 TO: For professional appraisal services rendered. real estatet appraisal 1000-74-4-4.9 Grace's Place, Rte. 48, Peconic real estate appraisal 00 miles @ $0.25 per mile 00 miles '@ $0.25 per mile Subtotal: State Tax: Total: $: ~:::~:~::i~: service charge of 2% per month will be applied to I A all accounts more than thirty days past due. Thank you very mu~h for your business. Andrew D. Stype SRA PECONIC ~URVEYORS, P,C. P.O. Box 909 1230 Traveler Street Souflaold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 APRIL 7TH, 2004 Attention: Ms. M. Doroski NYS FEDERATION OF GROWERS & PROCESSORS ASSOSIATION, INC. (Grace'S Place) to TOWN OF sOUTHOLD FOR PROFESSIONAL SERVICES RENDERED~ JOB #: 01-135 (B) FINAL SURVEY SUFFOLK COUNTY TAX MAP# 1000-74-4-4.9 FEE: $ 700.00 APB 12 11104 DEPT. Ol~ [AND PR£S[RVAIION 2504 THOMAS J. HUBBARD DA DOLLAP~ OjpMorgan Private Bank ,Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 02084 Project: Grace's Place, Southold Manager: McGinn, Steven VA01444 To; Town of Southold Deot of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 2415 Invoice Date: April 29, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORtlIS Invoice Amount $1,250.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 2/19 thru 3/17/04 Contract Amount: $1,250.00 Percent Complete: 100.00% Fee Earned: $1,250.00 Prior Fee Billings: $0.00 Current Fee Total: $1,250.00 *** Total Project Invoice Amount $1,250. O0 Please make all checks payable to NELSON POPE & VOORHIS Please include invoice number on check NELSON POPE & VOORHIS NOW ACCEPTS CREDIT CARDS VISA - MASTERCARD - AMERICAN EXPRESS MAY - 5 2004 DEPI OF LAND PRESERVATION TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 DATE 04/29/2004 PR .PAID.o.--cHE? 759-" bl CHECKNO AMOUNT 75951 $t,918.00 ONE THOUSAND NINE ~Lr~CDRED EIGHTEEN AND 00/100 DOLLARS PAY TO THE ORDER OF cO ,'075q5~,' ,:08~hOS~F=l,,: F=~> O00OOh 0,' VENDOR 006182 FIDELITY NATIONAL TITLE-- INS .G~,-04/29/2004 FL~.!D r_. ACCOT3!3~T P iq :~ · T]9"[Tf~T~' DESCRIPTION CHECK 75951 AMOUNT-- H2 .8686.2f00g. 000 'H2 .8686.2.000.000 H2 .8686.2.000.000 TB 3~ 042904 3704-55%06-SU 370~255~;~6-SU TITLE FEES/NYS FED GR 248.00 TITLE-NYS FED GROWE 1,471.00 RECORD DEED-N¥S FED G 199.00 TOTAL 1,918.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 F%FTY AND 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW YORK 11971-0959 DATE 04/29/2004 PR~.PAIO c~g~7 5 9 5 2 NO. CHECK NO, AMOUNT 75952 $50.00 PAY TO THE ORDER OF O0000N VENDOR 007707 KAREN HAGEN---~ 04/29/2004 CHECK 75957 H2 .8686.2.000.000 p.o,# .~NVOICE 042904 DESCRIPTION _ AMOUNT TITLE CLOSER-NYS FED G 50.00 -- TOTAL 5 ~:' ~0 TOWN OF SOUTHOLD " SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 14 Receipt Number : 04-0059578 TRANSFER TAX NUMBER: 03-44042 District: 1000 )eed Amount: Recorded: At: LIBER: PAGE: Section: Block: 074.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $42.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Com~.Pres $0.00 NO TRANSFER TAX NUMBER: 03-44042 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 05/24/2004 03:51:01 PM D00012320 981 Lot: 004.009 Exempt $5.O0 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $102.00 Edward P.Romaine County Clerk, Suffolk County Serial # Certificate # Prior Cfi. # Deed / Mortgage Instrument 31 Handling 5, 00 TP-584 Deed / Mortgage Tax Stamp FEES Notation f-~/-} EA-52 17 (County) Sub Total ,~)d55~-' EA-5217 (State) Coram. of Ed. 5. 00 Affidavit Certified Copy Grand Total RECORDED 200~ ~ay 24 03~51~0! PM Eduard P,Ro~Mne CLERK OF SUFFOLK COUNTV L D00012320 P PT# 03-44042 Recording / Filing Stamps Mortgage Amt. 1, Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town Dual County Held for Appointment Transfer Tax ~](,~m Mansion Tax The property covered by this mortgage is or will be improved by a one or two 4 Dist. ReM Property Tax Service Agency Verification I Bl°ck~'~:rL9 I L°[~O t.//t:t57q I Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: family dwelling only. YES or NO If NO, see appropriate tax clause on 5 Commumlty Pre~rvatlon leund Consideration Amount $ 2d~ ~0~ CPF Tax Due Improved Vacant Land TD (SPECIFY TYPE OF INSTRUMENT) fl.~e.,.~/~/~ ~7/-~2Lo_~ ~e~/~[ gn~tg~ The presses he~in is si~at~ in ~ ~ ~ p~~ / s~o~ co~, ~w ~o~. or H~T of BO~S 6 ~U 8 MUST BE ~ OR P~D ~ BLACK ~K O~Y P~OR ~ ~CO~O OR ~G. 7co.l~ame Title ~ompany Information . , Suffolk County Recording & Endorsement Page ~is page fom, s ,,. of the attached ~;~~ Z~~ made by: / (ovgr) CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT, is made on the,~Jay of April 2004 at Southoid, New York. The parties are the NEW YORK SI'ATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION, INC., having a principal office at 1576 State Street, Schenectady, New York 12304 (heroin call "Grantor'9 and the TOWN OF SOUTHOLD, a Municipal Corporation, having a principal office at 53095 Main Road, P.O. Box 1179, Southold, NY 11971 (herein called Grantee). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as SC-I'~ #'s 1000-74-4-4.~'~,~1x.~ d s more fully descnbed In SCHEDULE A ....................... ~ ........ ~.~i'~13Tl~ ~' '~," bsa'h, attached hereto and made a part hereof, and heroinafter referred to as the / "Property"; and WHEREAS, Grantor wishes to grant a Conservation Easement on the Property to extinguish the development rights on the Property so that it shall remain in its open, undeveloped, natural and scenic state; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is located in the Agricultural Conservation Zoning District which, according to the Town Code of Southold, Article III, Section 110-30, is to prevent the unnecessary loss of those currently open lands within the Town containing la,~ge, contiguous areas of prime agricultural soils and provide the open rural ~,'nvironment valued by the Town's residents and tourist population; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's comprehensive planning documents to protect environmentally sensitive areas, preserve pflme agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agflcuitural economy; and WHEREAS, Article 57 of the New York State Environmental Conservation Law, Section 57-010:1., et.seq., entitled "Long Island Pine Barrens Maritime Reserve Act," declared it to be in the public interest to protect and manage the Pine Barrens/Pec0nic Bay maritime system, including the Property; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, open space, and natural resource; and WHEREAS, Grantee has determined it to be desirable and benefidal and has requested Grantor, for itself and Its successors and assigns, to grant a Conservation Easement to Grantee in order to rostrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE: 0.01 Grantors Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in SCHEDULE A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and authorized under Sec'don 64 of the New York Town Law and Section 247 of the New York General 1'4unicipal Law to acquire fee title or lesser interests in land, Including development rights, easements, covenants, and other contractual rights, which may be necessary or desirable for the preservation and retenUon of open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its open space character in perpetuity for its environmental, scenic, open space, and natural values by preventing the usc or development of the Property for any purpose or in any manner contrary to the provisions hereof, In furtherance of federal, New York State and local conservation policies. 0.04 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this ConservaUon Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land that should be protected and maintained as open la~U. / 0.05 Documentation Grantee acknowledges by acceptance of this Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condiUon of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the present condlUon of the Property's resources and otherwise to aid in idenUfying and documenUng the Property's open space values as of the date hereof, to assist Grantor and Grantee with monitoflng the uses and activities on the Property and ensuring compliance with the terms hereof, Grantor has prepared, with Grantee's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline DocumentaUon'~. This Baseline Documentation includes, but need not be limited to, a Conservation Easement Map marked EXHIBi-f A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures and an acknowledgment page signed by Grantor and Grantee which verifies that the Baseline Documentation report accurately represents the condiUon of the Property at the time of the easement. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors uses of the Property or its physical condition as of the date he,of, the parties shall not be foreclosed from uUlizing any other relevant or material documents, surveys, reports, photographs, or other evidence to assist In the resolution of the controversy. 0.06 RecitaUon In consideration of the previously recited facts, mutual premises, undertakings, and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 TYPe This instrument conveys a Conservation Easement (herein called the "Easement. This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those covenants, restrictions, dghts, terms and conditions. 1,02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee si;,all also be deemed granted to each and every one of its subsequent agents, successor~ and assigns, and the word "Grantee" when used herein shall include all of those/' persons or entities. GRANTOR, for $222,000.00 and other good and valuable consideration hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all dghts to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures or non-agricultural improvements are permitted on the Property including, but not limited to residential, commercial, or industrial buildings, permanent or temporary, except as specifically allowed in Section ~-.06. 3.02 Excavation and Removal of Materials: Hinin~ The excavating or filling of the Property shall be prohibited without the pdor written consent of Grantee, which shall not be withheld If the activity does not defeat or derogate from the purposes of this Easement. Hlneral exploitation, and extraction by any method, surface or subsurface, Is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, without the prior written consent of Grantee, which shall not be withheld if the activity, structure, or improvement does not defeat or derogate from the purposes of this Easement. 3.03 Subdivision The subdivision or partitioning of the Property shall be prohibited without the prior written consent of Grantee, which shall not be withheld If the subdivision or partition does not defeat or derogate from the purposes of this Easement. 3.04 DumDing The dumping or accumulation of unsighUy or offensive materials including, but not limited to trash, garbage, sawdust, ashes, or chemical waste on the Property shall be prohibited. 3.05 SlqrJ~ The display of signs, billboards, or adverUsemen~s shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: la) to state the name of the Property and the name and address of the Grantor and/or Grantee, lb) to post the Property to control unauthorized entry or use, or lc) to announce Grantee's conservaUon easement. Signs shall not be more than six square feet in size and are subject to regulatory requirements of the Town of Southold. 3.06 Soil and ¥~]ater Any use or activity that causes or I;¢ likely to cause soil degradation or erosion or pollution of any surface or subsurface w?Jters/'' shall be prohibited; provided that this prohibiUon shall not be construed as ey~ending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the US Department of Agriculture's National Resource ConservaUon Service. 3,07 LandscaDina Activities The cutting or harvesting of timber on the Property, and the cleadng or removal of trees, shrubs, or other vegetation is prohibited, except for the following purposes: (a) to clear and restore forest cover that has been damaged or disturbed by farces of nature or human activity, (b) to prune and selectively thin trees to create limited vistas in accordance with good forest management pracrJces and the purposes of this Easement, as determined by the Grantor in its sole discretion, (c) to remove or restore trees, shrubs, or other vegetaUon when dead, diseased, decayed, or damaged, and (d) to create and maintain the permitted structures and Improvements. 3.08 Uses Non agricultural uses of the Property are prohibited, including but not limited to residential, commercial, commercial recreational, or industrial uses; The use of the Property shall be restricted to open land actually used In bona fide agricultural production. 3.09 DraJnaae The use of the Property for a leaching or sewage disposal field shall be prohibited. The use Of the Property for a drainage basin or sump shall be prohibited except to control flooding or sou erosion on the Property. The use of' the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohlbltocl. GrantOr hereby grants to Grantee all existing development rights (and any ~urU3er development fights that may be created through a rezoning of' the Property) on the Property and the parties agree that such Hghts shall be terminated and extinguished and may not be used or transferred to any other parcels. 4.01 Ownershln Subject to the provisions of ART[CIE THREE, Grantor shall re~aln all oU',er customary rights of ownership in the Proper~y, some of which are more parti~blarly described In this ARTICLE FOUR. . Grantor shall ConUnue to have the right to exclusive possession of Une Propedcy. 4.03 Use Grantor shall have the right to use the Property In any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New YorkSt~te, or federal law. Grantor shall have the right to continue the current modes of landscaping, pruning and grounds malntonance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged. Grantor shall have the right to engage In all types of agricultural activity including the relsing and culUvatlon of crops, livestock and livestock products as set forth in Chapter 25 of the Southold Town Code, Agricultural Lands Preservation, provided that such ectk4L-y shall be conducted In accordance with the purposes of this Easement and subject to other restrictions set forth In this conservation easement (or deed of development rights), Including bu~ not limited to the restrictions set f~orth irt Section 3.01 herein, The use of the Property shall be restricted to open land actually used In bona fide agricultural producUon. Grantor shall have the right to erect and maintain the following non-residential improvements on the Property that are necessary to and consistent with the agricultural uses as permitted In Section 4.05 heraof~ with the prior written consent of Grantee: (I) IntenUonally omitted. (ii) Access drives, to provide access to the Improvements permitted by this ~ction 4.06; and must be permeable surfaces. Underground fadllfles used to supply utillUes, septic systems, leaching fields, Irrigation systems, and wells, and control stormwater runoff from the Improvements permitted under the terms of' this Section ~I.06. (iv) Fences, If' they are placed se that they do not block or detract fi'om the scenic view, may be constructed but require the prior wdtten approval of the Land Preservation Committee of the Town of Southold. · ~.07 Notice / Grantor shall notify Grantee, in wrlUng, before taking any action or before,,J exercising any reserved right with respect to the Property, which could adversel~ affect the envfronmentel, ~cenlc, open space, and agricultural values which are the subject of this Easement- Such approval, disapproval or comments of Grantee shall be given ~o Grantor within 4S days after all necessary documentation and Information Is submitted to Grantee. 4.08 Allenabilltv Grantor shall have the right to convey all or any part of its remaining interest In the Property but only subject to this Easement. Grantor shall promptly noUfy Grantee of any conveyance of any Interest In the Property, including the full name and mailing addro~ of any transferee, and the indMdual pflnc~pals thereof, under any such conveyance. The Insl~ument of any such conveyance shall spedfically set forth that the interest thereby conveyed Is subject to this Easement, without modlflcauon or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically set~ng for the date, office, Ilber and page o1' the recording hereof. The failure of any such Instrument to comply with the provisions hereof shall not at,act Grantee's rights hereunder. Grantor shall indemnify and hold Grantee harmless for any Ilabllltv, costs, attorneys' fees, Judgments or expenses to Grantee or any of Its officers, employees, agents or Independent contractors arising from the physical maintenance or condition of the Property or from any taxes, I~vlss or asseJ~mants upon It or resulting fTom this Easement, all of vvlllch shall be considered Grantors obligations. 5.02 Thir P ils Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulUng: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (bi from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or Independent contractors. ARTICLE SIX GP-,}MNTEE'S RIOHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable Umes, upon prior notice to Grantor, and in a manner that will not Interfere with Grantors quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purpose, except as provided in Section 6.03, nor to permit access upon the Properb/by the public. 6.02 Restoratior~ Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantors control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. .6.03 Enforcement Riohts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantors part to be observed or performed pursuant to this Easement is not cured by Grantor within forty five (45) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable Judgment, requires Immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (ii To Institute a suit to enjoin or cure such breach, default or violaUon by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other broach, default or violation of any term, condition, covenant or obligation under this Easement. In the event that Grantee prevails in any legal proceeding brought under the provisions of this Section 6.03, Grantor shall pay, either directly or by rolmbursement to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by Grantee (heroin called "Legal Expenses'3 in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one romedy or relief under this ARTICLE SiX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any romedy shall not have the effect of waiving or limiting the use of any other romedy or roller or the use of such other remedy or rolief at any other time. 6.05 Assianability Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of i/':s rights, title and interest in and to this Easement only to a qualified organizatiq~] (herein called "the Assignee'9. As used heroin: the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which i~ qualified to receive such Interosts pursuant to Article 49 of the New York Environmental Conservation Law, and Is a qualified organization within the,~fieanlng of the [RS Code, Section 170(h)(3), which is organized or operated primarily c~r substantially for one of the conservation purposes spedfied in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require the Assignee or Assignee's successors to cam/out the purposes of this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section 6.05. 6.06 Succession If at any time Grantee or any Assignee is unable to enforce this Easement, or if Grantee or any Assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section ~.70(h)(3), then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and rosponsibilities under this Easement shall become vested In another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. This Easement gives rise to a property right and interost immediately vested in the Grantee. For purposes of this Section 6.07, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumberod hereby (such differonce, divided by the fair market value of the Property unencumbered by this Easement, is hereinalter referred to as the "Proportionate Share'3. In the event a material and potentially unforeseeable change in the conditions surrounding the Properb/makes impossible Its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a Judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the power of eminent domain, the sale pdce or condemnation award shall establish fair market value. Absent such a sale, the Property's fair market value shall be established by independent appraisal. [f all or any part of the Property Is taken under the power of eminent domain by public, corporate, or other authority, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably Incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth In this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modificaUon or terminaUon of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. AR'I'ICL~ SEVEN ER ' This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be terminated or modified In accordance with the common and statutory law of the State of New York applicable to the termination and modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement that are not inconsistent with the purposes of this Easement set forth In the introduction hereof; provided, however, that Grantee shall have no right or power to agree to any amendments hereto that would result in this Easement failing to qualify as a valid Conservation Easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, any regulation issued pursuant thereto. 7.03 Severabllltv Any provision of this Easement restricting Grantors activities, which Is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make It enforceable and effective. Any other provision of this Easement that is determined to be Invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04. Notice All notices required by this Easement must bO written. Notices shall be delivered by hand or registered mall, return receipt requestec~, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by noUce in accordance witll this Section 7.04-. Hailed notice to Grantee shall be addressed to its principal office, r~ited herein, marked for the attention of the Town Attorney, or to such other address as Grantee may designate by noUce in accordance with this Section 7.04. Notice ishall be deemed given and received as of the date of its manual .delivery or the date of its mailing. New York Law applicable to deeds and cons6rvaUon easements pertaining to land located within New York shall govern this Ease~ment in all respects, including validity, construction, interpretation, breach, violation and performance. m 7.06 Interuretatiorl Regardless of any contrary rule of constructi,on, no provision of this Easement shall be construed in favor of one of the parties beqause it was drafted by the other party's attorney. No alleged ambiguity in this Ease~qent shall be construed against the party whose a(/torney drafted it. If any provision or'this Easement is ambiguous or shall be subject ~.~vo or more interpretations, one of which would render that provision invalid, theq that provision shall be given such interPretation as would render it valid and be ccdslstent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by r)ature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate Its purposes. 7.07 Public Access Nothing contained in this Easement grants, rior shall be interpreted to grant, the tight of the public to enter upon the Property withobt the express permission of Grantor. 7.08 Warranties The warranUes and representations made by the parUes in this Easement shall survive its execution. 10 7.09 Recg~ino Grantee shall record this Easement: In the land records of Lhe office of the Clerk of the County of Suffolk, State of New York, The headings, titles and subtitles herein have been Insed:ed solely for convenient reference, and shall be Ignored in its construction, iN W~rNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Conservatlee Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: NEW YORK STATE ~EDERA'F[ON OF GROWERS AND PROCESSORS AS,SOC'[AT[O N, INC. (Grantor) Margal~lt M. Evans, Executive Director ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD (Grantee) ErA'rE OF NEW YORK ) COUNTY OF.~ SS: On this ZC, day of~2 in the year 2004 before me the undersigned, persona ~y appeared Margaret M. Evans, personally known to me or proved to me on the basis of satisfactory evidence to be the Individual whose name is subscribed to the ~ithIn instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the pemon upon behalf of which the individual acted, executed the Instrument. ~-.'~ ~, ~ N Carol A, Preston STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On thiS2f'/~d~Y of/~/~ ~¢ y~ar 2004 before mc, thc undersigned, personally appeared Joshua Horton, personally known to me or proved to me on the basis of satisfacto~ instna'aent, the individual, or the person upon behalf of which the individual acted, executed the insmmaent. Nota[3' Public ('~ vT`/' ' /~ '~tOTARYNo 02HA4927029 ~ .~ t ~ ( ~/ x Quel~i~d tn Suffolk Count~/_ ~ /~//CAP,,~ ~./,~-~'~ Commission Expires Maroh gl, 20 ~ SCHEDULE A: .~. Description of the Property 12 FIDELITY NATIONAL TITLE INSURANCE COMPANY SCHEDULE A-1 (Descriptlon) ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 7 and 8 as shown on "MaI) of Nicholas Aliano" and filed in the Suffolk County Clerk's Office on 10/8/93 as Map No. 9417, said lots being bounded and describgd as follows: BEGINNING at a point on the southeastei'ly side of Middle Road (CR 48) distant 298.52 feet southwesterly as measured along the southeasterly side of Middle Road from the comer formed by the intersection of the southeasterly side of Middle Road and the southwesterly side of Paul's Lane, said point of beginning also being the division linc between the herein described premises and land now or formerly of Krupski; RUNNING THENCE South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 feet to the LIRR; THENCE South 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIRR 389.06 feet to the division line between Lots 6 and 7; THENCE along the last mentioned division line the following TIIREE courses and distances: 1. North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc of a curve to the right having a radius of 2989.79 feet a distance of 320.00 feet to a point; 3. North 21 degrees 41 minutes 20 seconds West 65.0l feet to the southeasterly side of Middle Road; THENCE northeasterly along the southeasterly side of Middle Road the following TWO courses and distances: 1. Along the arc of a curve to the left having a radius of 2924.79 feet a distance of 577.15 feet to a point; 2. North 56 degrees 07 minutes 20 seconds East 76.56 feet to the point or place of BEGINNING. THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL E' Together with all the right, title and interest of the party of the first part, of in and to the land lying in the street in Jkont of and adjoining said premises. SCHEDULE.4-1 (Description) T I T L E P 0 L I C Y Owner's Policy of Title Insurance Fidelity National Title Insurance Company of New York POLICY A Stock Company NUMBER 26'03'1'92' 7 0 9 ') 9 OWNER'S POLICY OF TITLE INSURANCE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, 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 lnsurance 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, FIDELITY NATIONAL TITLE INSURANCE coMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized offi¢/ers as of Date of Policy shown in Schedule A. FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK Authorized Signature (PLEASE PRINT NAME) FORM 26-031-92 (4/1193) ALTA OWNER'S POLICY - 1992 (Revised 10-17-92) OFidelity National Company Title Insurance Policy No.: 26-031-92-70929 Title No.: 04-3704-55406-SUFF Amount of Insurance: $260,000.00 1. Name of Insured: Town of Southold SCHEDULE A Date of Policy: April 29, 2004 at 9:00 AM The estate or interest in the land which is covered by this policy is: Easement Title to the estate or interest in the land is vested in: Town of Southold by means of a Conservation Easement from New York State Federation of Growers' and Processors' Association Inc. dated April 29, 2004 and recorded in the Suffolk County Clerk's Office on May 24, 2004. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. P~el Schedule A Owner's Policy Rev. (02/04) OFidelity National Title Insurance Company OWNER'S POLICY Attached to and for~ning a part of Policy No. 26-031-92-70929 of FIDELITY NATIONAL TITLE INSURANCE COMPANY The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of th's pol'cy. ' The following is added to Paragraph 7 to 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 incumbrances, except real estate taxes, assessments, water charges and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of said policy unless otherwise expressly stated. This endorsement, when countersigned below by validating signatory, is made a part of the policy and is subject to all the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by the provisions hereofi IN WITNESS WHEREOF, the Company has caused its corporate name and seal to be hereunto affixed by its duly authorized signatory and countersigned on the date hereinafter set forth. ,/ Signed and Sealed: April 29, 2004. Fidelity National Title Insurance Company Standard Owner Policy (9/1/93) w/ALTA Owner's (10/17/92) Rev. (02/04) (Owner Policy93) ) Fidelity National Title Insurance Company Policy No: 26-031-92-70929 Title No.: 04-3704-55406-SUFF SCHEDULE A-1 Description AMENDED 3 / 16/04 ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known and designated as Lots 7 and 8 as shown on Map of Nicholas Aliano and filed in the Suffolk County Clerk's Office on 10/8/93 as Map No. 9417, said lots being bounded and described as follows: BEGINNING at a point on the southeasterly side of Middle Road (C.R. 48) distant 298.52 feet southwesterly as measured along the southeasterly side of Middle Road from the corner formed by the intersection of the southeasterly side of Middle Road and the southwesterly side of Paul's Lane, said point of beginning also being the division line between the herein described premises and land now or formerly of Krupski; THENCE South 35 degrees 00 minutes 00 seconds East along the land now or formerly of Krupski 495.78 feet to the LIRR; THENCE South 58 degrees 29 minutes 10 seconds West along the land now or formerly of the LIRR 389.06 feet to the division line between lots 6 and 7; THENCE along the last mentioned division line the following three courses and distances: 1. North 29 degrees 36 minutes 20 seconds West 428.05 feet to a point; 2. Southwesterly along the arc ora curve to the right having a radius of 2989.79 feet a distance of 320.00 feet to a point; 3. North 21 degrees 41 minutes 20 seconds West 65.01 feet to the southeasterly side of Middle Road; THENCE Northeasterly along the southeasterly side of Middle Road the following two courses and distances: 1. Along the arc of a curve to the lefi~ having a radius of 2924.79 feet a distance of 577.15 feet to a point; 2. North 56 degrees 07 minutes 20 seconds East 76.56 feet to the point or place of BEGINNING. Schedule A-I (Description) Owner's Policy Page 2 Rev. (02/04) Policy Number: 26-031-92-70929 Fidelity National Title Insurance Company Title No.: 04-3704-55406-SUFF SCHEDULE B - PART I 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 tenants and persons in possession. 2. 50 foot buffer as shown on filed map no. 9417. 3. 160 foot setback line as shown on filed map no. 9417. 4. Declaration of Covenants and Restrictions in Liber 11591 cp 310. 5. Declaration of Covenants and Restrictions in Liber 11631 cp 638. 6. Declaration of Covenants and Restrictions in Liber 12207 cp 910. 7. Declaration of Modification of Covenants and Restrictions in Liber 12207 cp 911. 8. Survey made by Peconic Surveyors dated March 3, 2004 shows premises as vacant land. 9. i~ Policy excepts any state of facts an accurate survey made since March 3, 2004 would show. / Schedule B Owner's Policy Page 3 Rev. (02/04) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, atthrneys' fees or expenses which arise by reason of: L (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating lo (i) the occupancy use, or enjoyment of he and; ( ) he character dimensions or Ioc~tion of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protect on, or the effect of any violation of these laws, ordinances or governmental regulations, except te the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Dale of Policy. (b) Any governmental police power nol excluded by (a) above, excepl to the extent thai a notice of the exercise thereof or a notice of a defecl, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded.in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the pob]ic records at Date of Policy, bul not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without kn.owledge. 3. Defects, liens, encnmbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Datg of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured clalmanl prior lo the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interesl insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state iasolvency, or similar creditors' rights hiw, that is based on: (i) the Iransaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) Ihe transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who suc- ceed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, per- sonal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant": an insured claiming loss or damage. (c) "knowledge" or "known": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mat- ters affecting the land. (d) "land": the land described or referred to in Schedule A, aed improvemems ~m~fixed thereto which by law constitute real property. The term "land'; does t include any property beyond the lines of the ~rea described or referred to in. ~ednle A, nor any right, title, interest, estata or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage": mortgage, deed of trust, trust deed, or otber security instrumem. (t) "public records": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l(a)(iv) oftbe Exclusions From Coverage, "public records" shall also include environmen- tal protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to he released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE 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 or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a pur- chaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any pur- chaser from the insured of either (i) an estate or interest in the land, or (ii) an in- dehiedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litiga- tion as set forth in Section 4(a) below, (ii) in case knowledge shall come to an in- sured 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 o~ terest, as insured, is rejected as ummarketabhi. If prompt notic~ shall not he g~vcn to the Company, then as to the insured all liability of the ~o~opany ~hail term?ate with regard to the matter or marters for which pro~t not,ce is reqtar~d; provided, however, that failure to notify the Company shall in no case prejndtce the rights of any insured under this policy unless the Company shall be prejudic~t by thc failure and then only to the extent of the prejudice. , DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPEILAFE (a) Upon written request by the insured and subject to the options contained in Section 6 of the~e Conditions and Stipnlatlons, the Company, ~t its oven ~st ~nd without unreasonable delay, shall provide for the defense of an insured In htlgatlon in which any third party asserts a claim adverse to th~ title or interest as insurod, but only as to those stated cau~e~ of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Co ~y shall have the right to select counsel of its own choice (subject to the right ~ ~ insured to object reasonable cause) to represent the insured as to those stated causes of action and shall not he liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may he necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not tbeteby concede liability or waive any provision of this policy. If thc Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and ex- pressly reserves the right, in its sole discretion, to appeal from any adverse judg- ment or order. (d) In all eases where this policy permits or requires the Company to prosect~le or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or,~ro- ceeding, and ail appeals therein, and permit the Company to use, at its optio!i, the name of the insured for this pu~osc. Whenever requested by the Company( the insured, at thc Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act whibh in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue aoy litigation, with regard to the matter or matters requiring such cooperation. g. PROOF OF LOSS OR DAMAGE In addition to and after the notice~reqlnlred under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of lass or damage signed and sworn to by the insured claimant shai~ be furnished to the Company within 90 days ai%r the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss ot damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which con- stitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amotmt of the loss or damage. If the Company is prejudiced by the failure of,t~ insured claimant to provide the required'proof of loss or damage, the Company s obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with reg&rd to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably he required to submit to examina- tion under oath by any authorized representative of the Company and shail produce for examina, tion, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers checks correspondence and memoranda, whether bearin~ a date before or after Date of Pplicy, which reasonably pertain to the loss or aamage. Fu~ber, if requested by any authorized representative of the Company, the insured claimant shall grant its ~rmis.sion, in writing, for any authorized representative of the Company to exarmne, inspect and copy ail 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 {:onfidemial · by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment, of the Company, it is necessax3z in the administration of the claim. Failure of the insured claimant to sub- mit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above para h shall terminate any liability of the Company under this policy as to that cl~ ,~ . - 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, thc Company shall have the following addi- tional options: (a) To Pay or Tender Payment of the Amount of Insurance. pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon thc exercise by the Company of this option, all liability aed obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured Or With the Insured Clainmm. (i) to pay or otherwise settle with other parties for or in the. name of an insured claimant any claim insured against under this policy, together with any costs, at- torneys' fees and expenses incurred 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 otherwise settle with the insured claimant the loss or damage pro- vided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the ~ime of payment and which the Company is obligated to pay. Upon the exercise by thc Company of aither of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to bc mede, shall tcr- minata, including any liability or obligation to defend, prosecute or continue.any litigation. 7. DETE1EVIINATION, EXTENT OF LIABILITY AND COINSURANCE ' This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encum- brance insured against by this policy. Co) In the event the Amount of Insurance stated in Schedule A .at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the ~fuil consideration paid for the estate or interest, whichever is less, or if subsequent the Date of Policy an improvement is er6cted on the land which increases the ~°alue of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the estate or interest at Date of Poticy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insura~:ce stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvem6nt. The provisions of this paragraph shall not apply to costs, attorneys' fees and ex- penses for which the Company Is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stuted in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. $. 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 compuled and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subse- quent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title or otherwise establishes the lien of the insured mortgage, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals there from, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage Ontil there has been a final dcterminatinn by a courl of competent jurisdiction, and isposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or d~nage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under an~ policy insuring a mor- ' tgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is bereaf~er executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorsement of the payment ualess the policy has been lost or destroyed, in which case proof of oss or destruction shall be furnished to the satisfaction of the Company. (b) When liabilily and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafler. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of.Subrogation. Whenever the Company shah have settled and paid a claim under this policy, ail fight of subrogation shall vest in the Company unaffected by any act of the in- sured claimant. The Company shall be subrogated to and be entitled ~o all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this poling( not been issued. If requested by the Company, the in- sured claimant shall transter to the Company all rights and remedies against any person.or property necessary in order to perfect this right of subrogation. The in- sured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transac- tion or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the pro- po[tinn which the Company's payment bears to the whole amount of the loss. f loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company~ in that event, shall be required to pay only that part of any losses insured against by this. policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities,guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions con- rained in those instruments which provide for subrogation rights by reason of this policy. 1'4, ARBITRATION Unless prohibited by applicable law, either the Company or the insured may de maud arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association, Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this pohcy, any service of the Company in connection with ~ts issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by beth the Com- pany and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall he biedulg upon the parties. The award may include attorneys' fees only if the laws of the state m which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereo£ The law of the situs o~ the land shalI apply to an arbitration under the Title In- surance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Corn party is the entire policy and contract between the insured and the Company. In inteq~reting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on neglige~ce, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. · (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Sccr~ary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, V(HI~RE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016 Fidelity National Title Insurance Company of New York 2 Park Avenue New York, NY 10016 N Y S A G & M K T S W A I V E R L~ CL~ PA~E 82 NY8 DEPARTMt:f4'T OF AGRIGUL?URE AND The undemigned, owner of 4.8 acme of active farmland and/or 0 acres of non- fam~e~.cl, sl~lated at Suffolk C. eun~ Tax Map No. 1000-74-4-4.6 that is propose~ to be acflulrad by ~e Town of Soutt~dd in Suffolk Counb/Agricultural Disb'ict #1, pumuant to Section ~(4Xd) ol the New York State ~gfl~ultur8 and Markete Law, hereby waiw my rigm to require the Town of $o~thold to ~ with the Comnl~r af Ag~oulture arid Ma,,eta and the County Ag~cultu~al and Farmland Praeaoflon Boan~ a Pmllmlnaey and Rnal Notj~e of Inle~t in acaxdance with paragr~ha (b) and (¢) of SeCUon 305(4) ef the Agricu~m and Markets Law. TOWN OF SOUTHOI.D NEW YORK STATE FEDERATION OF By: GROWF..E~ AND PROCESSORS ASSOCIATION, INC. By: /53095 Route 25 P.O. Box11?'~ Schne~ady, NY 12304-1528 Southold, NY 11971-0959 (631) ~65-188g STATE OF NE'~ YORK ) COLINTY OF SUFFOLK ) )$$: On the 29m day of April, 2004, befem me ~ly ap~mmd JO~ Y, HOR~N, pemo~lly ~ m me or p~ld~ ~ me on ~ ~sis ~ ~s~ ev~n~ ~ ~at he ~c~ ~e same In h~s ~a~ a~ 8u~r ~e TOWN OF SO.HOLD; munl~l ~ u~ ~ ~ ~1~ ~ ~1 ~, ~ ~e In~t and ~d ~e aeal ~e~ by I1~ ~t. Notary '" No, 02HA4927029 / /_ NOTARY PUBLIC, State of New York Qualified in Suffolk County Commission Expires March 21, 20C/ STATE OF~ ) COUNTY OF//fo/t/~,..,) )ss: I~]vldual ~oee name Is au~ ~ ~e w~in In~me~ end a~g~ ~ ~ ~A~ F~D~QN OF GR~ERS ~D PR~OR$ ~C~ON. INC. ~tl~ u~n ~h~ ~ whi~ ~e IndNl~al a~, e~ ~e in.merit and NANCY MANCUSO Notary Public in the StYe of New Yo~k Monroe ~uoty, N.Y., Commission Ex,res ~/~//~ - ;. P R O P E R T Y R E C O R D S MELISSA A. SPIRO ~LND PRESERVATION COORDINATOR Town Hall, 53095 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-5711 Fax (631) 765-1366 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: From: Date: Re: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attomey Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Melissa Spire, Land Preservation Coordinator April 30, 2004 NEW YORK STATE FEDERATION OF GROWERS AND PROCESSORS ASSOCIATION~ INC. to TOWN OF SOUTHOLD SCTM #1000-74-4-4.9 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the pumhase, please feel free to contact me. LOCATION: OWNER: PURCHASE DATE: PURCHASE PRICE: EASEMENT AREA: FUNDING: MISCELLANEOUS: 31800 County Rd 48, Peconic New York State Federation of Growers and Processors Association, Inc. (a/k/a Grace's Place) Closing took place 4/29/04 $260,000 (this purchase was not based on a per acre figure) 4.6 acres Ag Land Preservation & Open Space Capital Funds and $38,000 private grant This property is adjacent to 12.25 acres of farmland on which the Town owns a development rights easement and is listed in the Town's Community Preservation Project Plan. File View Toelbar Help Doub e d ck tO OPen a ~'~'indow A E R I A L S 2001 Aerial SCTM #1000-74-4-4.9 Premises: 31800 County Rd 48, Peconic 4.6 acres S U R V E Y ( NORTH ROAD ) N. 56°07'20~ E. 76 56' SURVEY OF PROPERTY AT PEGONIG TOWN OF SOUTHOLD SUFFOLK GOUNT¥, N.Y. 1000 - 74 -04 - 4.9 Scale: 1" = 50' March 3, 2004 LOT ~ LIC NO 49618 631) 765 - 1797 230 TRAVELER STREET ;OUTHOLD~ N.Y. 11971 NOTE: LOT NUMBERS ARE REFERENCED TO "MINOR SUDIVISION MADE FOR NICHOLAS ALIANO "FILED IN THE SUFFOLK COUNTY CLERK'S OFFICE ON OCT 8~ 1993 AS MAP N0.9417 LOT (~ LOT ~ AREA = 4.5945 ACRES LONG ISLAND RAIL ROAD Z R = 29B9.79' 74~. 79' MIDDLE L = 320.00' CERTiFiED/ TO' TOWN OF SOUTHOLD THOMAS J. HUBBARD F~DELITY NATIONAL TITLE iNSURANCE COMPANY Of NEW YORK ROAD (C.R. 48) 577.15 , ( NORTH ROAD ) N. 56°07'20° E, 76.5,6' · cT ® LoT ® ,cT ® SURVEY OF PROPERTY AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. , 1000 - 74 -04 - 4.9 Scale: 1" = 50' March 3, 2004 FINAL SURVEY AREA S. 58o29'10" W. 4.5945 ACRES 389,06' 298.52' m (631) RO, 1230 TRAVELER SOUTHOLD , LIC. NO. 49618 (631)765- 1797 STREET 11971 NOTE: LOT NUMBERS ARE REFERENCED 70 "MINOR SUDIVISION MADE FOR NICHOLAS ALIANO "FILED IN THF SUFFOLK COUNTY CLERKS OFFICI~ ON OC'E 8t 1993 AS MAP N0,9417 LONG ISLAND RAIL ROAD 0,1 - 135