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Home My WebLink AboutSepenoski, John A & Patricia A1000-54-3-24.5 (f/k/a 1000-54-3-p/o 24.1) Baseline Documentation Premises: 1655 Old North Road Southold, New York 45.2410 acres Development Rights Easement JOHN A. SEPENOSKI and PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Easement dated November 13, 2008 Recorded November 14, 2008 Suffolk County Clerk - Liber D00012571, Page 833 SCTM #: Premises: 1000-54-3-24.5 (f/Ida 1000-54-3-p/o 24.1) 1655 Old North Road Hamlet: Southold Purchase Price: Funding: $3,575,512.00 (44.6939 buildable acres $80,000/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 53.7202 acres Development Rights: 45.2410 easement acres (includes 0.5471 acre right-of- way excluded from purchase price) Reserved Area: 8.4792 acres Zoned: A-C Existing Improvements: In November 2008 - Right-of-way of unknown width along southwesterly boundary line; woods and farm fields, farm road, various agricultural and non-agricultural equipment DESCRIPTION LAND The subject is a 40.00+ acre portion of a larger parcel of land described as follows: The property has an irregular but useable shape having a southerly border of 966+' with 671+' of frontage along the northerly side of Old North Road, an irregular easterly line of 2,875±', a northerly border of 1,113±', and an irregular easterly line of 2,651±', for a total area of 53.90± acres. The land is mostly cleared and is at or near read grade. There is a wooded area at the northerly side of the subject which is estimated tO be 10.00± acres. Within this area is an estimated 1.68± acres of freshwater wetlands. The above dimensions are taken from the Suffolk County Tax Map. Wooded and wetlands area are estimated using aerial photograph, wetland maps, physical inspection, and tax map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along the property's road frontage on Old North Road. Old North Road is a two-way, two-lane, publicly maintained, macadam paved road. Public water is not available in this area. Water supply is generally provided via on site wells. According to F.E.M.A. Flood Insurance Rate Map dated May 4, 1998 panel number 0158G, the subject is located in zone X (not a flood zone area). _GIVEN,' DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is improved with a barn of frame construction which was not inspected, but is judged to be in fair condition. It is to be in poor to fair condition. It is our opinion that the barn does not contribute value to the subject and would likely be demolished prior to development of the land. We feel the cost of the demolition would be offset by the value of interim use of the barn. PRESENT USE AND OCCUPANCY The subject is presently vacant land in use for agricultural purposes. A P P R A I S A L R E S 0 L U T I 0 N MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Yonngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD LAND PRESERVATION COMMI'FI'EE MEETING Minutes of Regular Meeting held Tuesday, March 20, 2007 at 7:00 p.m. Members Present: John Sepenoski, Chairman (left 9:50 p.m.) Michelle Zaloom Chris Saiz Lillian Ball Monica Harbes Members Absent: Ray Huntington Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary AJ Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust Commencement: · The meeting began at 7:10 p.m. with f'n/e LPC members present. Applic~ns: · SEPENOSKI PROPERTY SCTM #: 1000-54-3-24.1 Zoned: A-C Location: 1655 Old North Rd, Southold CPF: Yes Total Acreage: 53.9 acres (GIS 53.83 acres) Subdividable: Yes New Application. John Sepenoski recused himself (9:50 p.m.) from any discussion on this project due to family relationship. MOTION made by Lillian Ball, seconded by Monica Harbes, to direct Melissa Spiro to commission an appraisal for a development rights easement, according to conception plan of landsowners, on this property. Motion carried 4/0. (John Sepenoski absent from vote - recused) MELISSA A. SPIRO LAND PRESERVATION COORDINATOR ~-~ melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, February 5, 2008 at 6:00 p.m. Members Present: John Sepenoski, Chairman Chris Baiz Monica Harbes Michelle Zaloom (6:40 p.m.) Lillian Ball Eric Keil (6:30 p.m.) Members Absent: Also present: Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust (7:00 p.m.) Timothy Caufield, Peconic Land Trust (7:35 p.m.) Commencement: · The meeting began at 6:12 p.m. with four LPC members present. Applications and Inquiries: SEPENOSK! PROPERTY (Old North Road) SCTM #: 1000-54-3-24.1 Zoned: A-C Location: 1655 Old North Rd; Southold CPF: Yes Total Acreage: 53.9 acres (GIS 53.83 acres) Subdividable: Yes Reviewed appraisals [executive session]~ John Sepenoski absented himself from room during discussions on this project due to his family relationship to landowners. Landowners submitted their own appraisal of the property and counte~-offered with their appraiser's value. LPC reviewed both appraisals. MOTION made by Chris Baiz, seconded by Eric Keil, to direct Melissa Spiro to commission an updated appraisal report on the Sepenoski property. Landowners' appraisal will be send to Town appraiser for review also. Motion carried 5/0 John Sepenoski absent from vote. P R 0 P E R T Y V I S U A L S S EJECT PHOTOGIUIPHS ADDITIONAL VIEW OF SUBJECT FROM OLD NORTH ROAD SUBJEC~ PHOTOGRAPH~ 200~ STREET SCENE FACING EAST ALONG OLD NO H RO STREET SCENE FACING WEST ALONG OLD NORTH ROAD ~G~N mm mm m m m ,m, m mm m m m m m mm m WETLAND MAP Lo.nd P~BF z ~ l ~ Major ~ads i i! ~.~so~='"'= %'4~;~ '~ , D~I , I E N V I R O N M E N T A L S U M M A R Y Phas(l Environmental Site Assessment Sepenoski Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) 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 Southold, Town of Southold, County of Suffolk, New York. The subject property consists of approximately 46 acres of farmland located at 1655 Old Count~g Road, between Lighthouse Road and Horton Avenue. The property i.s more particularly described as Suffolk County Tax Map # 1000-0543-03-p/o 24.1. The subject property consists of active farmland and wooded land. At the time of the site reconnaissance, areas of agricultural field contained crops, while other areas were fallow. Numerous abandoned vehicles, farm equipment and tires were noted along the eastern, northern and western property boundaries in overgrown areas. According to Mr. John Sepenoski, a property owner, the abandoned vehicles are utilized for spare parts when necessary. The other vehicles include farm equipment which is utilized at various times throughout the year for planting and/or harvesting the crops. The numerous pickup tracks located on the property are owned by Mr. Sepenoski's brother, who repairs and sells the trucks. No spills were apparent at the time of the site reconnaissance; however, many of the vehicles were located in overgrown areas which could not be fully inspected. A pile of lumber was observed in the wooded area located in the northwest portion of the property. A 550 gallon fuel oil storage tank was secured to the bed of a tow track and is used at a different location leased by the property owner. The tank was intact and no staining was observed on the track bed or the soil beneath the track. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1954, 1960, 1976, 1980, 1994 and 2006 were reviewed in order to determine if any prior uses occupied the subject property. The subject property consisted of farmland in all of the aerial photographs. An extensive government records search found no potential sources of environmental degradation on the subject property or surrounding areas. Sepenoski Property, Southold Phase 1 ESA In conclusion, this assessment has revealed evidence of the following recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. The abandoned vehicles and farm equipment and other debris located on the property should be removed and properly disposed of. Once the vehicles and equipment have been removed, the area beneath the vehicles should be inspected to determine if a prior release has occurred. If the property is to be used for residential purposes in the future, soil samples should be collected and analyzed for heavy metals and pesticides. Page 2 of 24 l I I I Sepenoski Property, NP&V #08178 t Typical view of subject property View ~ ' ~ment observed on View of abandoned vehicles & farm equipment observed on property View of abandoned vehicles & farm equipment observed on property I I I I Sepenoski Property, NP&V #08178 I View of abandoned vehicles & farm equipment observed on Debris observed on View of wooded area along northern property boundary Abandoned vehicle in woods l I 1 ll I I I 1 I I I Sepenoski Property, NP&V #08178 I View of southwest fi'om subject property Typical view of subject property View from subject property to northwest Typical view of property Sepenoski Property, NP&V #08178 View of abandoned x, ehicles located along eastern property boundary View of fiat bed truck with secured 500 gallon I~el oil tank I I I I I I I i ~LL FDP P'A~P ~OCKEY r' - lOCATION MAP southo~ Source: DeLorme Street Atlas Scale: NTS FI'GURE 2 AERI'AL PHOTOGRAPH Sepenoski Property, Southold NORTH Source: NYSG1S Or~hoimagery Program, 2004 1 Scale: 1"-350' ~' Phase ! ESA FZGURE 3 [AND USE MAP Som'ce: NYSG1S Orthoimagm~ Program, 2004 Scale: I" = 800' NORTH + AC R~40 FZGURE 4 ZONZNG MAP Source: Town of Southold Zoning Map Scale: NTS NORTH Property, Southold Phase ! ESA FIrGURE S SO'I*LS MAP Source: Suflk~lk Couoty Soil Survey Scale: t" = 800' NORTH + ~) \ FIGURE 6 TOPOGRAPHIC MAP Source: USGS Topograhic Quadrangle, Southold NORTH Scale: I"= 800' 816780 3680 0 16783' 2.87 S52084 2.76 O S5t '176 S3846t 5.37 S53324 5 7o0 ! II; ! ! ! FI'GURE 7 WATER TABLE CONTOUR MAP Source: USGS WaterResources Investigation Repo~, NORTH 2002 + Scale: 1''= 8,00ff : O 38 62/ I //0 _'Z'" / 1632 ' S3392 2748 / Phas~ I ESA I ! FIGURE 8 WATER MAIN MAP NORTII + Sepenosk§ Property~ Southo~d Source: SCWA Distribution Map, 2007 Scale: NTS Pha$~ I ESR I I '-~.1ti'.~ ' ''"'~' ~ FIGURE 9 FRESHWATER WETLANDS MAP · NORTH Source: NYSDE( Freshwater Wetlands Map, Southold t cale: 1" = 800' FIGURE 10 NATIONAL WETLANDS INVENTORY HAP Source: National Wetlands Inventory Map, Southold Scale: 1" = 800' ZONE SOUND VIEW 4~- ZONE X Town of 360813 :ZONE FZGURE 11 FLOOD MAP Source: FEMA FIRM Map, Panel 154 & 158 Scale: l" = 600' NORTH + S~penost~i Proper~y, Southold OVERVIEW MAP - 2276597.2s Target Property · Sites at elevations higher than or equal to the target property e Sites at elevations lower than the target property ~. Manufactured Gas Plants ] Natio hal Priority List Sites ~ indian Reservations /N>/ Oil & Gas pipelines [] 100-year flood zone [~ 500-year flood zone ~ National Wetland Invento~J [] State Wetlands ISITE NAME: Sopenosld Property ADDRESS: 1650 Old North Road Southold NY 11971 LAT/LONG: 41.0788 / 72.4400 This report includes Interactive Map Laye~ display and/or hide map information. Tho teoend includes only those icons for the default map view. CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY #: 2276597.2s DATE: July 24, 2008 10:12 am DETAIL MAP - 2276597.2s ? / Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Manutac~Jred Gas Plants Sensitive Receptors Ne§onal Priority List Sites Dept. Defense Sites 1/16 ~ Indian Reservations BIA ?'~/ Oil & Gas pipelines [] 100-y~ar flood zone [] 500-year flood zone ~ National Wetland Inventory ] State Wetlands SITE NAME: Sepenosld Properly ADDRESS: 1650 Old Norlh Road Southold NY 11971 LAT/LONG: 41,0788 / 72.4400 This report includes Interactive Map Layers' display and/or hide map information. The legend includes only those Icons for the default map view. CLIENT: Nelson Pope & Voorhis LLC J CONTACT: Marissa Da Breo INQUIRY#: 2276597.2s DATE: July 24, 2008 10:12 am SSURGO SOIL MAP - 2276597.2s 2 'A' Target Property /',,/ SSURGO Soil ::',j Water SITE NAME: Sepenosld Property CLIENT; Nelson, Pope & Voorhis LLC ADDRESS; 1650 Old North Road CONTACT: Marissa Da Breo Southold NY 11971 INQUIRY#: 2276597.2s LAT/LONG: 41.0788 / 72.4400 DATE: July 24, 2008 10:12 am PHYSICAL SETTING SOURCE MAP - 2276597.2s ,/V County Boundary Major Roads Contour lines Earthquake epicenter, Richter 5 or greater Water Wells Pubtic Water Supply Wells Cluster of Multiple Icons Groundwater Flow Direction Groundwater Flow Varies at Location Closest Hydrogeological Data · Oil, gas or related wells 1 M ties SITE NAME: SepenosH Property ADDRESS: 1650 Old North Road Southold NY 11971 LAT/LONG: 41.0788/72.4400 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 2276597.2s DATE: July 24, 2008 10:12 am P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of July 15, 2008 RESOLUTION 2008-671 ADOPTED Item # DOC ID: 3928 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-671 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15, 2008: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 29~ 2008~ at 4:55 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase ora develol~ment riehts easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The addi'ess is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.94- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.94- acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and 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 Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Generated July 17, 2008 Page 17 Southold Town Board - Letter Board Meeting of July 15, 2008 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [5 TO O] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES; Ruland, Orlando, Wickham, Evans, Russell AllSTAZN; Albert Krupski Jr. Generated July 17, 2008 Page 18 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ July 29~ 2008~ at 4:55 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 property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as pan of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982'-feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and 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 Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: July 15, 2008 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JULY 24, 2008, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney SOUTHOLDTOWN BOARD PUBLIC HEARING July 29, 2008 4:55 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski Councilman Vincent Orlando Absent: Councilman William Ruland This public heating was called to order at 5:50 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 29~ 2008~ at 4:55 p.m. Southold Town Halk 53095 Main Road~ Southold~ New York as the time and place for a public hearin~ for the purchase of a development rights easement on property owned by John A. Sepenoski and Patricia Sepenoski. Said property is identified as part of SCTM #1000-54-3-24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The proposed acquisition is for a development fights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price is $80,000 (eighty thousand dollars) per buildable acre for the 45.9± acre easement plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and 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 Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have notice here that it has appeared as a legal in the local newspaper, it has also been posted out here on the Town Clerk's bulletin board. In the file there is a short Sepenoski DRE Public Hearing 2 July 29, 2008 environmental assessment form, duly signed and filled out. And what else do we have? That is all. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, I Melissa Spiro, the Land Preservation Coordinator. Before I start I would just like to note for the record that this property is owned by relatives of John P. Sepenoski, who is currently the chair of our Land Preservation Committee and John has not participated in, been in any of the rooms or voted on anything to do with this project. As read into the record, this hearing is for the Town's purchase of a development rights easement on close to 46 acres of a 53.9 acre farm. The average farm in Southold is under 20 acres, this farm is over twice that size making it its own significant block of farmland. Preservation of this farm as you can see or can't see on this map up front, extends an already preserved block of farmland to the north. The farm is planted in potatoes and traditional row crops, as it has for I believe three generations. Majority of the farm contains good agricultural soil worthy of protecting for its continued agricultural use. The landowners are reserving eight acres for an easement. This area includes some but not all of the frontage on Old North Road. I think it includes about half that frontage. The reserve area is shown on the map in front with the dotted white lines. Once the Town purchases the easement, over 85% of the farm will be preserved for agricultural purposes in perpetuity. The purchase price is supported by the appraisal and the purchase will be completed using funds from the Community Preservation Fund. If all goes smoothly, it is expected that we will close on this late September, probably more likely in October. The Land Preservation Committee, with the exception of John Sepenoski, are in support of this project and we recommend that the Town Board proceed with the resolution to purchase this easement. Of course, as usual, the Town could not have proceeded with preservation without the landowners and I wholeheartedly thank the landowners for allowing us the opportunity to preserve this valuable farmland. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to come up and address the Town Board on this particular acquisition? COUNCILMAN W1CKHAM: Are the landowners here tonight? SUPERVISOR RUSSELL: I don't see them. Okay, let's close the hearing. This hearing was closed at 5:54 PM Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-744 ADOPTED Item # DOC ID: 3929 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-744 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-54-3~24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane, in Southold, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9+ acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, 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 RESULT: ADOPTED [4 TO O] HOVER: Vincent Orlando, Councilman SECONDER: Louisa P. Evans, Justice AYES: Vincent Orlando, Thomas H. Wickham, Louisa P. Evans, Sco~t Russell ABSTAIN: Albert Krupski Jr. ABSENT: William Ruland 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~pIIcant or Project Sponsor) 1. APPLICANT/SPONSOR -- 2. PROJECT NAME 3. PROJECT LOCATION: Municipality ~O~.~ ~ County ~ 0'~ 1 ~ 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc.. or provide map) 5. PROPOSED ACTION iS: ~New ~ Expansion ~ Modifi~tion/alteration 6. DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF LAND AFE. ECTED: Initially /i/~', ? ~' acres Ultimately acres 8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~Yes [] No If No. describe briefly 9. VVHAT~ PRESENT LAND USE IN VICINITY OF PROJECT? b~Residential [] Industrial [] Commercial Describe: ~Agdculture ~ Park/Forest/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ~Yes L-J No If Yes, fist and agency(s) permit/approvals: name 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? U Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? []Yes [~No I CERTIFY THAT THE IN.I~ORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF ~Y KNOWLEDGE / Apphcaqt/sponsorname: /~t~,~ ~J}~([0 ~c,~'"~'~.~.~-Q Lc~r~)~'l'¢%'l~l~,~ec~,~,~Date: Signature: ./ IIf the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment I ~ART II - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. r~Yes ~No B. VV1LL ACTION RECEIVE C(X)RDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency, r'~ Yes E~No c. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED W~TH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Exisfing air quality, sur[ace or groundwater quality or quantity, noise levels, ex[sting traffic pattern, solid waste production or disposal, potentiat for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A ¢ommungy'$ e×isfing plan* or goals as officially adopted, or a change in use or intensg¥ of uso et land or other natural resources? Explain briefly: CS. Growth, subsequent development, or related actMfle$ likely to be induced by the proposed action? Explain bdefiy: C6. Long term, shod term, cumulative, or other effects not idengfled in C1-C57 Explain briefly: C7. Other impacts {including changes in use of either quantity or type of energy)7 Explain bdefiy: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [~ Yes [~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, detemline whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f~ magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed, if question D of Part Ii was checked yes, the determination of significance must evaluate the potential impact of the proposed action on !he environmental characteristics of the CEA. ] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULl. EAF and/er prepare a positive declaration, '~P Check this box if you have determined, based on the information and analysis above and any supp°rting d°cumentati°n, that the pr°p°sed acti°n WILL NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type N~~ Signatur~-of,,~esponsible Offic&r in Lead Agency Date · Tifle ~f Res risible Officer Sight ~m responsible officer) P U R C H A S E R E S 0 L U T I 0 N Southold Town Board - Letter Board Meeting of July 29, 2008 RESOLUTION 2008-749 ADOPTED Item # DOC ID: 3930 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-749 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 29, 2008: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by John A. Sepenoski and Patricia Sepenoski on the 29th day of July, 2008, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as par~ of SCTM #1000-54-3~24.1. The address is 1655 Old North Road and the property is located in the A-C zoning district and is .approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the purchase price for the easement is $80,000 (eighty thousand dollhrs) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; 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 purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold Generated July 30, 2008 Page 67 Southold Town Board - Letter Board Meeting of July 29, 2008 purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by John A. Sepenoski and Patricia Sepenoski pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of S CTM # 1000-54-3-24.1. The address is 1655 Old North Road the property is located in the A-C zoning district and is approximately 982 feet northeasterly from the intersection of Old North Road and Horton Lane in Southold, New York. The development rights easement comprises a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners. The purchase price for the easement is $80,000 (eighty thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ~IOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Orlando, Krupski .lr., Wickham, Evans, Russell ABSENT: William Rutand Generated July 30, 2008 Page 68 OV~ICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: July 14, 2008 Re: Town of Southold purchase of development rights easement on property owned by John A. Sepenoski and Patricia Sepenoski Location: 1655 Old North Road, Southold SCTM# 1000-54-3-24.1 Zoning District A-C The proposed action is for the Town.to purchase a development rights easement on the property owned by John A. Sepenoski and Patricia Sepenoski. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 45.9± acres (subject to survey) of the 53.9± acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Patricia Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator JUL 1 4 2008 DEPT OF LAND PR[SERVAIION C L O S I N G S T A T E M E N T CLOSING STATEMENT JOHN SEPENOSKI and PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Total Development Rights Easement- 45.2410 acres Total Parcel Acreage - 53.7202 acres Reserved Area - 8.4792 acres Right of Way - 0.5471 acre Premises: 1655 Old North Road, Southold SCTM #1000-54-3-p/o 24.1 Closing took place on Thursday, November 13, 2008 at 10:30 a.m., Southold Town .Hall Annex Purchase Price of $ 3,575,512.00 (based upon 44.6939 buildable acres @ $80,000/buildable acre) disbursed as follows: Payable to Patricia A. Sepenoski $ 1,784,006.00 Check #98615 (11/13/08) Asset Preservation, Inc. $ 1,784,006.00 Check #98612 (11/13/08) Charles R. Cuddy, Esq. $ 7,500.00 Check #98613 (11/13/08) Expenses of Closing: Appraisal Payable to Given Associates LLC Check #91181 (5~22~07) Updated Appraisal Payable to Given Associates LLC Check #95190 (3/25/08) $ 2,800.00 $ 1,800.00 Survey Payable to Peconic Surveyors, P.C. Check #98728 (11/18/08) $ 7,200.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #97901 (9~23~08) $ 1,400.00 Title Report Payable to Peconic Abstract, Inc. Check #98614 (11113108) Title insurance policy Recording easement & certified copy $ 13,936.00 $ 360.00 $ 14,296.00 Title Closer Attendance Fee Payable to Stephen Spanburgh Check #98616 (11113/08) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clars Kombrink, Esq. Charles R. Cuddy, Esq. John Sepenoski John P. Sepenoski Patricia A. Sepenoski Julie McGivney Stephen Spanburgh Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Attorney for Sellers Seller son of John Sepenoski Seller daughter of Patricia A. Sepenoski Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTHOLD VENDOR 019217 PATRICIA A. SEPENOSKI 1i/13/2008 98615 FUND & ACCOUNT P.O. ~ ~NVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 FNP-01506 CHECK 1/2 BAL PURCH-45.24 AC 1,784,006.00 TOTAL 1,784,006.00 TOWN OF SOUTHOLD VENDOR PRESERVATION INC. 003643 ASSET FUND & ACCOUNT 11/13/2008 CHECK 98612 P.O.$ TNVOICE DESCRIPTION ~ AMOUNT H3 .8660.2.600.100 111308 1/2 PURCH-45.24 ACRES 1,784,006.00 TOTtAL 1~J84,006.00~ TOWN OF SOUTHOLD ~ VENDOR 003715 CHARLES R CUDDY AS ATTORNEY 11/13/2008 CHECK 98613 FUND & ACCOUNT P.O.# ~ INVOICE AMOUNT H3 .8660.2.600.100 111308 DESCRIPTION ~. LEGAL FEES-SEPENOSKI TOTAL 7,5~0.00 $,500.00 GIVEN ASSOCIATES Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date - Invoice 4/30~2007 293 Bill To I Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC. File No. 2007184 Due Terms upon Receipt Description Appraisal of Real Property of Patricia Sepenoski Located 1655 Old North Road Southold, NY I.C.T.M. #1000-54-3-24.1 Amount GL108S View 1 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Nauae ** Actual Hi Detail--GL100N Vendor.. 007416 GIVEN ASSOCIATES LL : W-05222007-164 Line: 141 Formula: 0 : e......................... Use Acti =Shift Up F3=Exit F10=Prev View lect Record(s) or Use Action Code Y=Select : Account.. H3 .600 : - JE Date Trx. Date Fund Account : Acct Desc ACCOUNTS PAYABLE : ......................... Use Acti : Trx Date ..... 5/22/2007 SDT 5/18/07 : 1/30/2007 1/30/2007 H3 .600 : Trx Amount... 2,800.00 : 2/27/2007 2/27/2007 H3 .600 : Description.. APPRAISAL-SEPENOSKI : 3/13/2007 3/13/2007 H3 .600 : Vendor Code.. 007416 : 3/13/2007 3/13/2007 H3 .600 : Vendor Name.. GIVEN ASSOCIATES LLC : 3/27/2007 3/27/2007 H3 .600 : Alt Vnd.. : 5/22/2007 5/22/2007 H3 .600 : CHECK ........ 91181 SCNB : 5/22/2007 5/22/2007 H3 .600 : Invoice Code. 293 : 5/22/2007 5/22/2007 H3 .600 : VOUCHER ...... : 7/31/2007 7/31/2007 H2 .600 : P.O. Code .... 16912 : 7/31/2007 7/31/2007 H2 .600 : Project Code. : 8/14/2007 8/14/2007 H2 .600 : Final Payment F Liquid. : 9/25/2007 9/25/2007 H2 .600 : Type of 1099. M BOX. 07 Addl. : 10/09/2007 10/09/2007 A .600 : Fixed Asset.. Y : 10/23/2007 10/23/2007 H2 .600 : Date Released 5/22/2007 : 12/18/2007 12/18/2007 H2 .600 : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : : : _GIVEN ASSOCIATES Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date [ Invoice 2/22/2008 506 Bill To [ Town of Southold P.O. Box 1179 Southold NY 11971-0959 I Please make check payable to: GIVEN ASSOCIATES, L/C [ I Description Appraisal of Real Property of Patricia Sepenoski Located 1655 Old North Road Southold, NY ;.C.T.M. # 1000-54-3-24.1 File No. Terms 2008167 Due upon Receipt Amount GL108S 20 TOWN OF SOUTHOLD View'l ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti ,, 1/02/2008 ,, 1/02/2008 3/25/2008 ~ 3/25/2008 ., 4/08/2008 .. 6/03/2008 ,, 9/23/2008 1/02/2008 H2 600 1/02/2008 H2 600 3/25/2008 H3 600 3/25/2008 H3 600 4/08/2008 H3 600 6/03/2008 H2 600 9/23/2008 H3 600 F2=Shift Up F3=Exit F10=Prev View ect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03252008-127 Line: 153 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 3/25/2008 SDT 3/21/08 : : Trx Amount... 1,800.00 : : Description.. A~PRAISAI~-P.SEPENOSKI : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 95190 SC~TB : : Invoice Code. 506 : : VOUCHER ...... : : P.O. Code .... 17461 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 3/25/2008 : : Date Cleared. 6/30/2008 : : F3=Exit F12=Cancel : : : PECONIC SURVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765.1797 August 8, 2008 Town of Southold Department of Land Preservation Town Hall Annex Southold, NY. 11971 F~.' P"'R'(~F-I~S-I~iqlX~:~ERViCE$ RE~)ERED: JOB# 08-175 SURVEY W/DEVELOPMENT RIGHTS EASEMENT 53.9 ACRES/8ACRE RESERVE AREA $ 7,200.00 SUFFOLK COUNTY TAX MAP # 1000-54-O3-24.1 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti .. 2/13/2007 2/13/2007 H3 .600 .. 2/13/2007 2/13/2007 H3 .600 . . 4/24/2007 4/24/2007 H3 .600 .. 4/24/2007 4/24/2007 H3 .600 . . 4/24/2007 4/24/2007 H3 .600 . . 5/08/2007 5/08/2007 H3 .600 .. 5/08/2007 5/08/2007 H3 .600 8/14/2007 8/14/2007 H2 .600 ii 10/09/2007 10/09/2007 H .600 ,, 5/06/2008 5/06/2008 H .1620.2.4 ,, 6/17/2008 6/17/2008 H3 .600 L1/18/2008 11/18/2008 H3 .600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiz~ by Vendor Name .............. Detail--GL100N .............. : W-11182008-200 Line: 267 Fozmula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/18/2008 SDT 11/14/08 : : Trx Amount... 7,200.00 : Description.. sURvEY-SEPENOSKI : Vendor Code.. 016144 : Vendor Name.. PECONIC SURVEYORS, : Alt Vnd.. : CHECK ........ 98728 SCNB : Invoice Code. 08-175 : VOUCHER ...... : P.O. Code .... 18252 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. : Fixed Asset.. Y : Date Released 11/18/2008 Addl. : Date Cleared. 11/30/2008 : F3=Exit F12=Cancel 'ope & voorrllS, LLG 572 Walt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 08178 Project: VA02695 Seponoski Property, Southold Manager: McGinn, Steven To: Town of Southold Dept of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 ARention: Melanie Doroski Invoice #: 6080 Invoice Date: September 09, 2008 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,400. O0 Purchase Order #18889 - SCTM #1000-54-3-24.1 Contract dated July 10, 2008 - Item #h Phase I Environmental Site Assessment Work Performed thru 8/26/08 Contract Amount: Percent Complete: Fee Earned: Prior Fee Billings: Current Fee Total: $1,400.00 100.00% $1,400.00 $0.00 $1,400.00 *** Total Project Invoice Amount $1,400. O0 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 5/06/2008 5/06/2008 B .600 5/06/2008 5/06/2008 5/20/2008 6/03/2008 7/15/2008 7/29/2008 7/29/2008 7/29/2008 7/29/2008 7/29/2008 7/29/2008 8/12/2008 9/23/2008 5/06/2008 B .600 5/06/2008 B .600 5/20/2008 B .600 6/03/2008 H2 .600 7/15/2008 H3 .600 7/29/2008 B .600 7/29/2008 B .600 7/29/2008 B 600 7/29/2008 B 600 7/29/2008 B 600 7/29/2008 B 600 8/12/2008 B 600 9/23/2008 H3 600 9/23/2008 9/23/2008 H3 600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquir~ by Vendor Name .............. Detail--GL100N .............. : W-09232008-710 Line: 304 Fozmula: 0 : : Account.. H3 .600 : : Acct Desc AtCOUNTS PAYABLE : : Trx Date ..... 9/23/2008 SDT 9/23/08 : : Trx Amount... 1,400.00 : : Description.. PHASE 1-SEPENOSKI : : Vendor Code.. 014161 : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 97901 SCNB : : Invoice Code. 6080 : : VOUCHER ...... : : P.O. Code .... 18889 : : Project Code. : : Final Pa!naent F Liquid. : : T~pe of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 9/23/2008 : : Date Cleared. 9/30/2008 : : F3=Exit F12=Cancel : : : rlTL~E'CHARGES AMOUNT PURCHASER SELLER LENDER ~enc ~do~ement: ~ Yo~ Smc T~r T~ ~omtc ~ NOTICE OF STATEMENT The lender or othm' party may require the pa.ffonnarme of sddltiocel enndces which are not necessary services In connentlon with the lenuance of the tlbe pollw. Please note that the Issuance of t~e title pol~=y le not dependent upon the performance of such additional CERTIFIP.~ATION STATEMENT I, , of hereby certify that the TItle Premium(s) were properly c~lculated end found to be accurat~ I further certify that only penntlted, proper fees and other cherge~ have been made. '~, TOWN OF SOUTHOLD [ 016139 PECONIC ABSTRACT, INC. 11~3/2008 CHECK 98614 FUND & ACCOUNT P.O.# INVOICE Q~SCRIPTION I AMO~T H3 .8660.2.600,100 H3 .86~Q.2.600.100 18251 FNP-01506 18251 FNP-01506 TOTAL TITLE INS-SEPENOSKI 13,936.00 CERT COPY-SEPENOSKI 360.00 14,296.00 TOWN OF SOUTHOLD ~ VENDOR 019620 STEPHEN SPANBURGH 11/1~/:00~ J CHECK 986X6 FUND & ACCOUNT P. O. g INVOICE FNP-01506 H3 .8660.2.600.100 DESCRIPTION TITLE CLO~ER- SEPENOSKI TOTAL AMOUNT 100. O0 100.00 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT N~,m~er of Pages: 19 Receipt ~er : 08-0109243 TRANSFER TAX NUMBER: 08-08948 District: 1000 SDeedAmount: Recorded: At: LIBER :. PAGE: Section: Block: 054.00 03.00 E~MINED AND CHARGED AS FOLLOWS $3,575,512.00 '11/14/2oo8 10:33:23 AM D00012571 833 Lot: 024. 005 Received the Following Fees For Above Instrument Exempt Page/Filing $95.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $12.35 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 08-08948 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $0.00 $3O.O0 $0.00 $182.35 Exemp NO NO NO NO NO Judith A. Pascale County Clerk, Suffolk County DEC - 4 2O08 DEPT. OF LAND PRESERVATION This document will be public record. Please remove all Social SecuritY Numbers prior to recording. RECORDED 2008 Nov 14 10:S3:25 Judith R. Pa~cale CLERK OF SUFFOLK COUNTV L 000012571 P 833 DT# 08-08948 Deed I Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps Page / Filing Fee TP-584 Notation ~-52 17 (~n~) ~-5217 (S~e) R.~T.S.A. ~ of~. 5. ..' ~t ~S Sum~e O&er Sub Total Agency Verification 6 I zooo 05400 0300 024005 Saflsfactions/Discharges/Releas~ List Property Ownex~ Mailiug Address RECORD & RETURN TO: Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 Mortgage Amt. 1. Basic Tax 2, Additional Tax Sub Total Spec JAssit. or Spec./Add. TOT. MTG. TAX Held for Appo~tment Transfer Tax ~'~F,-~ r Mansion Tax The property cove~xl by this ~tgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate ~ax clause on .ag., o,,.r Con--unity Preservation Fund Consideration Amount $~ 3~_~.. CPF Tax Due $ Vacant Land TI) TD TD 7 I Title Company Information www. suffolkcountyny, gov/clerk sl Suffolk CoUnty Re. cording& EndOrsement Page ~ (sP~c~Y ~YP~ OF The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of ~--~,~O 7-,~c- In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORI~ING OR FILING. (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the /,3 day of November, 2008 at Southold, New York. The parties are .IOHN A. SEPENOSKI, 5600 Horton Lane, Southold, NY 11971, PATRICIA A. SEPENOSKI, 27965 Route 25, Orient, NY 11957 (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 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 part of SCTM #1000-54-3-24.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof (the "Property") and shown on the survey prepared by Peconlc Surveyors, P.C., dated August 4, 2008 and last revised November 7, 2008 (the "Survey'~; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold~ 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 part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for field crops and woodlands; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended In 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the New York Town Law (~Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; 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, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of THREE MILLION-FIVE HUNDRED AND SEVENTY-FJ[VE THOUSAND-FIVE HUNDRED AND TWELVE DOLLARS ($3,575,512.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provislons and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's 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 is authorized under Section 64 of Town Law and Section 247 of the New York General Municipal Law ("General Municipal Law") to acquire fee title or lesser Interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use 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. ~.'OV 12-2008 Peconic Abstract, Inc. Title No.: FNP-01506 Amended 11/10/08 Development Rights Schedule A Description ALL that certain plot, piece or pamel of land, situate North of the Village of Southold, in the County of Suffolk and State of New York, and in the Township of Southold, more particularly bounded and described as follows': BEGINNING at a point on the northerly side of Old No[th Road distant 1332.39 feet westerly from the corner formed by the intersection of the westerly side of Lighhouse Road with the northerly side of Old North Road; THENCE along the northerly side of Old North Road, South 33 degrees 29 minutes 28 seconds West, 311.39 feet to a monument and to land now or formedy of Stepnoski; THENCE along said land now or formerly of Stepnoski the following (2) courses and distances: 1) North 42 degrees 46 minutes 40 seconds West, 150.00 feet; 2) South 33 degrees 26 minutes 10 seconds West, 145.00 feet to land now or formerly of Suffolk County Water Authority; THENCE along said land, North 42 degrees 46 minutes 40 seconds West, 1489.58 feet to a pipe and to land now or formerly of Boyce; THENCE along said land now or formerly of Boyce the following (2) courses and distances: 1) North 44 degrees 02 minutes 50 seconds East, 270.67 feet to a pipe; 2) North 42 degrees 00 minutes 50 seconds West, 887.37 feet to a pipe and to Map of Northwood Estates, File #5675, filed 2/17/72; Continued page ~OV 12 20O8 THENCE along said land, North 39 degrees 47 minutes 10 seconds East, 1064.89 feet to a rod and to land now or formedy of Town of Southold; THENCE South 41 degrees 47 minutes 40 seconds East, 1151.49 feet; to a monument THENCE South 33 degrees 19 minutes 30 seconds West, 819.56 feet to the northwest corner of the. reserved area; THENCE~I'~.__42 degrees 19 minutes 40 secondsE~ 968.36 feet; THENCE ~,'o~33 degrees 29 minutes 28 secondS~ 71.94 feet; THENCE _,5~42 degrees 19 minutes 40 seconds~Z~', 237.65 feet to the northerly side of Old North Road and the point or place of BEGINNING. SUBJECT TO a right-of-way along the westerly line of the described premises. 0.04 Governmental Recoonition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This baseline documentation includes, but need not be limited to a survey dated August 4, 2008 last revised November 7, 2008 prepared by Peconic Surveyors, P.C., a Phase ! Environmental Site Assessment dated August 22, 2008 by Nelson, Pope & Voorhis, LLC, an aerial photograph of the Property, approximately forty-four (44) 8 1/2" x 11" photographs of the Property, with cover sheet dated October 10, 2008 from "John Sepenoski,"and maps on file with the Town Land Preservation Department. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation in consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Nunicipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the New York Agriculture and Markets Law ("Agriculture and ~4arkets Law"), now or as these Laws and/or Code may be amended. No future restrictions in said Laws and/or Code or limitation in the definitions set forth in said Laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures 4 No structures may be erected or constructed on the Property except as permitted by the Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, nursery mats, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Minino The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or In connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision Except as provided herein, the Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the New York Real Property Law, as they may be amended, or any other applicable State or local law. The Property may be subdivided, provided that each resulting lot shall contain at least 10 acres of agricultural lands protected by a development rights easement or other instrument, subject to approval from the Land Preservation Committee and to such further approvals as may be required by the Town Code and other applicable laws. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. 3.04 Dumoina The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Siqns The display of signs, billboards, or advertisements 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: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Overhead utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, Including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and r4arkets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Any improvements, structures, uses or activities permitted by this Easement shall not be deemed to be inconsistent with agricultural production as defined above and shall not be prohibited. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices. 3.09 Drainage 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 in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described In this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 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, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional recreational uses, including but not limited to trapping, pursuing and shooting of game, skeet shooting, bird watching, sleigh riding, and the use of personal all terrain vehicles, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscapinq Activities Grantor shall have the right Lo continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property, as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Aoricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended. No future restrictions in said Laws and/or Code or limitation in the definitions set forth in said Laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Grantor may offer "U-Pick' operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code now or as same may be amended and subject to the approval of the Town Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iii) Right of way of undetermined width along the entire western boundary of the Property. If the owner of the adjacent parcel, designated as SCTM #1000-54- 3-5, makes an application to the Town and the use of the right of way is required by the Town or any Town agencies in connection with the use of the adjacent parcel, then the right of way shall not exceed 25' in width, and the improved portion of the right of way shall not exceed 16' in width; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or Improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and Purpose of this Easement as set forth in Section 0.03. 9 ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, except those arising solely from Grantee's negligence, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Re(~uirement A. If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. B. Grantor shall remove all items marked "2" on photographs contained in the Baseline Documentation and submitted to the Town in 10 October, 2008 (Section 0.05) within 5 years from the date of this Easement. All agricultural vehicles and/or agricultural equipment that can no longer be used for their intended purposes (spare parts and agricultural production, respectively) after the date of this Easement shall be removed from the Property. C. Grantor shall maintain a schedule of all items removed from the Property and referenced in Para. 5.04B above and provide proof of the removal and/or the disposal thereof to the Town upon request. D. in the event Grantor fails to comply with the provisions of this Section 4.06 after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to satisfy Grantor's obligations, including but not limited to implementation of the Plan and/or removal of vehicles and equipment, and to recover the costs of such action from Grantor, as provided in Section 6.03. ARTICLE SiX GRANTEE'S RIGHTS 6.01 Entry and Insoection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's 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 purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Maintenance Grantee shall have the right to require the Grantor to maintain the Property in the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather 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 or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (:LO) 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 Il the agricultural 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, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. I~ailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three (3) business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or 12 modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, his successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandino This Easement contains the entire understanding between the 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 may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement as set forth in Section 0.03 and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governino Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Intaroretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restdctad 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, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the property. Grantee may use images of the Property for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs ~4 The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. iN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. AC~OW~iEDGED AND f~)CCEPTED: .]OI~N A. SEPENOSK[, Grantor ~ATRICIA A.-SEP~OSKI, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTH/pLD, Grantee Scott A. Russell Supervisor STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this/~2 day of November in the year 2008 before me, the undersigned, personally appeared John A. Sepenoski personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the indivldual(s~cted, ex~ecuted the instrument. ~ ~_..~.L. ~___% ~ .~ STEPHEN P SPANBURGH Notary Public - State of New York Notary Pub,,c\ £ \ I _ _Ou...ed ,n Su.o,k Coun --[ My (-:ommission Expires Oct. 5, 2009 On this I/~3 day ~f N~ember in the year 2008 before me, the undersigned, personally appeared PatNcid A. Sepenoski personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which ~al~e.~x~cutc~l the instrument. r~otary Public- State o~ New York ) ( )1 No.0! SP4906864 I Oualifieo in Suft STATE OF NEW/YORK [ ) ] M-C ' olk County COUNTY OF SL~FOLK ~,~/SS: Y omm~ssion Expires Oct. 2009 On this/ '~ day of November in the year 2008 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (am) 15 subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the instrument. Notary 5, 2009 115 T I T L E P 0 L I C Y Fidelity National Title Insurance Company NY2451-10-FNP-01506-2008.2730632-76751865 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17~}6) With New York Coverage Endorsement Appended Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corporation (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 1 O, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the lnxured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in ~r ~ien ~r encumbrance ~n the Title This C~vered Rizk includes but is n~t ~imited t~ insurance against l~ss fr~m (a) A defect di the I~tle cau~ed by (i} forgery, fraud, undue influence, duress, incompetency, incapaciq/, or impersonation; (ii) fadure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, ackanowledged, notarized, or delivered; (iv) failuret~perf~rmthaseactsnece~saryt~createad~cumembye~ectr~nicmean~auth~rizedby~aw; (v} a document executed under a falsified, expired, or otherwise invalid power of attorney; (vO ad~cumentn~tpr~per~y~ed,rec~rded,~rindexedinthePublicRec~rd~vinclndingfaduret~perf~rmth~seactsbye~ectr~nicmeanaauth~rizedbylaw;~r (vii} a defective jndicial or ndmtmstrative proceeding. (b) The lien of real estate tc~es or a~sessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, viohttion, variation, or adverse circumstance affecting the Title that woald be disclosed by an accurate and complete land survey of the [~nt~ The term "encroachment" includes encroachments of exizting improvements located on the Land onto adjoining land, and encroachments onto the Landor existing improvements located on adjdintng land 3. Unmarketable Title. 4. No right of access to and from the Land 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (mclnding those relating to building and zoning} restricting, regulating, prohtbaing, or relatmg to (a) the occupancy, use. or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdiul~ion of land; or (d) environmental protection ifa notice, describing any Fart of the Land. is recorded tn the Public Records setting forth the violation or intention to enforce, but only to the extent of the vialatton or enforcement referred to in that notice. 6 An enforcement action basedon the exercise ofa governmentalpolicepowernot covered byCoveredRisk5 ifa nolice of the enforcement action, ds$cribinganypart of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice, 7 The exercise of the rights of eminent domain ifa notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taMng by a governmental body that has occurred and is binding on the rights ora purchaser for value withoul Knowledge. 9. Title being vested other than as stated Schedule A or bemg defective (a) a~aresult of the avoidance in whole or inpart, or from a court orderproviding an alternative remedy, of a transfer ofalloranypart of the title toor ony interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer cor~tituted a frandulent or preferential transfer under federal banla~uptcy, state insolvency, or similar creditors 'rights htws; or (b) because theinstrument~ftransfervestingTtt~eassh~wninScheduleAc~n~atutesapreferentialtransferunderfedera~bankruptcy~stateinsalvency, or similar creditors' rights laws by reason of the failure of tis recording in the public Records (0 to be timely, or (ii) to impart notice of its existence to a purchaser for value or to ajndgrnent or lien creditor. 10~ Anydefectinorlienorencumbranceonthe Tit~e~r~thermatterinchtdsdinC~veredRisk~~thr~ugh9thathasbeencreated~rattached~rhasbeen~led~rrec~rdsdin the Public Records subsequent to Date of policy and prtor to the recording of the deed or other instrument of transfer in the Pubhc Records that vests Title as shown in Schedule A. Ihe Company will also pay the costs, attorneys 'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers Countemigned: Authorized Signatory NY245l FNP-01506 Peconic Abstract, Inc. R05 Ostrander Avenue iverhead, NY 11901 Tel:(631 ) 369-0222 Fax:(631 ) 369-4020 2730632 (5/07) ALTA Owner's Policy (6/17/06) w/New York coverage Endorsement Appended SCHEDULEA TITLE NO. FNP-01506 POLICY NO. 2730632-76751865 AMOUNT OF INSURANCE: $ 3,575,512.00 DATE OF POLICY: 11113108 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DEVELOPMENT RIGHTS 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTI.=D IN: TOWN OF SOUTHOLD by a Grant of Development Rights Easement dated 11113/08 and recorded 11114/08 in the Suffolk County Clerk's Office in Liber 12571 page 833. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000-054.00.03.00.024.001 n/ida 024.0(~5 Peconic Abstract, Inc. Title No.: FNP-01506 Amended 11/10/08 Development Rights Schedule A Description ALL that certain plot, piece or parcel of land, situate North of the Village of Southold, in the County of Suffolk and State of New York, and in the Township of Southold, more particularly bounded and described as follows: BEGINNING at a point on the northerly side of Old North Road distant 1332.39 feet westerly from the corner formed by the intersection of the westerly side of Lighhouse Road with the northerly side of Old North Road; THENCE along the northerly side of Old North Road, South 33 degrees 29 minutes 28 seconds West, 311.39 feet to a monument and to land now or formerly of Stepnoski; THENCE along said land now or formerly of Stepnoski the following (2) courses and distances: 1) North 42 degrees 46 minutes 40 seconds West, 150.00 feet; 2) South 33 degrees 26 minutes 10 seconds West, 145.00 feet to land now or formerly of Suffolk County Water Authority; THENCE along said land, North 42 degrees 46 minutes 40 seconds West, 1489.58 feet to a pipe and to land now or formerly of Boyce; THENCE along said land now or formerly of Boyce the following (2) courses and distances: 1) North 44 degrees 02 minutes 50 seconds East, 270.67 feet to a pipe; 2) North 42 degrees 00 minutes 50 seconds West, 887.37 feet to a pipe and to Map of Northwood Estates, File #5675, filed 2/17/72; Continued page THENCE along said land, North 39 degrees 47 minutes 10 seconds East, 1064.89 feet to a rod and to land now or formerly of Town of Southold; THENCE South 41 degrees 47 minutes 40 seconds East, 1151.49 feet; to a monument THENCE South 33 degrees 19 minutes 30 seconds West, 819.56 feet to the northwest corner of the reserved area; THENCE South 42 degrees 19 minutes 40 seconds East, 968.36 feet; THENCE South 33 degrees 29 minutes 28 seconds West, 71.94 feet; THENCE South 42 degrees 19 minutes 40 seconds East, 237.65 feet to the northerly side of Old North Road and the point or place of BEGINNING. Subject to a Right of Way along the westerly line of the described premises. SCHEDULE B POLICY NO.: 2730632.76751865 TITLE NUMBER: FNP-01506 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Rights of tenants or persons in possession. 2) Survey by Peconic Surveyors, dated last 10/20/08 and 1/17/08 shows vacant land; Farm Road extends onto subject premises. Also shows a Right of Way (width unknown) on the westerly side of premises. Possible rights of others in, through and over said Farm Road. Rights of others in, through and over said Right of Way. 3) Right of Way in Liber 12111 page 916. 4) Premises herein are listed as partially exempt from taxation at the present time, but may be subject to discontinuance of such exemption and possibly the imposition of an additional tax by reason of transfer or death of title from the exempt owner. FIDELITY NATIONAL TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and made a part of Policy Number I. Covered Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk 1 I. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafl, er gain priority over the estate or interest of the insured as shown in Schedule A of this policy. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for read estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsemants, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with ao express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. DATE: Countersigned: By: 27EI67 (5/01/07) STANDARD NEW YOR~K ENBORSEMENT FOR USE WITH ALTA OWNER'S POLICY (6-1%06) N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of- fD acres of active farmland and/or acres of non-farmland, situated at Suffolk County Tax Map No. 1000-54-3-24.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with Agriculture and Markets Law. Proiect Sponsor TOWN OF ~OUTHOLD By: §~'OTT A. RU~'SELL, Supervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK COUNTY OF SUFFOLK On the/3, day of )SS: 2aragraphs (b) and (c) of section 305(4) of the Landowner By: t¢OHN A. SEPENOSKI 5600 Horton Lane Southold, New York 11971 By: PATRICIAA. SEPENOSKI 27965 Route 25 Orient, New York 11957 , 2008, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument ~ ~m,,,.~ _d the ther ike order. Nota~~ ""- STATE OF N'~J ¢'#: ~ ~' )ss: COUNTY OF %0 o~r¢~- ) Notary Public State of Ne ~, No.01SP49 .... w York On the ! -~ day of /4,/o¢ ,2008, before me personally appeared JOHN A. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. STEPHEN p SPANSu NOtary Public - S¢-* ..... R6tN NO.01Sp~%~6~6~ew York Qualified in Suffo k C My Corem ss~ :..-. ounty or, ~*p~res 0~. 5, 20~ N°tary Fublicl _~ ¢// STATE OF ~ Cz~ ~k,~~' COUNTY OF ~ j,cr~.~ ) )ss: On the / ~ day of /"J¢¢' ., 2008, before me personally appeared PATRICIA A. SEPENOSKI, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. - STEPHEN p SPANBURGH Notary Public State of New York ~,Jo,0"/SP4906864 Qualified m Suffolk County My' Cor~]rn*s~s~orl Expires Oct. 5, 2009 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 D/v/s/on ofA/p'/cultura/Protect/on and Development Services 518457-7076 Fax. 518~t57-2716 November 20, 2008 Melissa Spire Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Waiver - Suffolk County Agricultural District #1 - Acquisition of Land Dear Ms. Spire: The Department has reviewed documentation submitted by the NYS Department of Environmental Conservation, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: John A. and Patricia A. Spenoski Landowner The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, Manager, Agricultural Protection Unit RS:lad File: APO8/O68-W NOV 2 4 2008 DEPTOF[AND PR~S[RVATION MELISSA A. SPIRO e AND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 17, 2008 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 Re: JOHN A. SEPENOSKI and PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Part of SCTM #1000-54.-3-24.1 n/k/a SCTM #1000-54.-3-24.5 Dear Mr. Somers: Enclosed please fred the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell, John A. Sepenoski and Patricia A. Sepenoski, at the time of closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-54-3-24.1. Details regarding this easement are as follows: GRANTORS: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: John A. Sepenoski & Patricia A. Sepenoski Town of Southold November 14, 2008 D00012571 833 1655 Old North Road, Southold 45.2410 acres p/o 1000-054.00-03.00-024.001 n/k/a 1000-054.00-03.00-024.005 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests ~ureau of Real Property, 5t" Floor 625 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · FAX: (518) 402-9028 Website: www.dec.ny.~lov Alexander B. Grannis Commissioner December 2, 2008 Melissa Spiro Town of Southold Dept. of Land Preservation P.O. Box 1179 Southold, NY 11971-0959 Dear Ms Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 505 Grantor: John A. & Patricia A. Sepenoski Liber: D12571 Page: 833 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very. much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property DEC - 5 2008 DEPT. OF LAND PRESERVATION MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631 ) 765-571 l Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 5, 2008 John A. Sepenoski 5600 Horton Lane Southold, NY 11971 Patricia A. Sepenoski 27965 Route 25 Orient, NY 11957 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 505 SCTM # 1000-54.-3 -24.5 Dear Landowners: Please be advised that the Town's purchase of a development rights easement on your property located at 1655 Old North Road in Southold has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 505. cry truly y~urs, Melanie Doroski Sr. Administrative Assistant enclosures MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 17, 2008 NYSDEC Bureau of Real Proper~y 625 Broadway, 5th Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry JOHN A. SEPENOSKI & PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: John A. Sepenoski & Patricia A. Sepenoski Town of Southold November 13, 2008 D00012571 833 1655 Old North Road, Southold 45.2410 acres 1000-054.00-03.00~024.005 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: John A. Sepenoski - 5600 Horton Lane, Southold, NY 11971 w/eric. Patricia A. Sepenoski - 27965 Route 25, Orient, NY 11957 w/enc. P R O P E R T Y R E C O R D S JOHN A. SEPENOSKI and PATRICIA A. SEPENOSKI to TOWN OF SOUTHOLD Development Rights Easement - 45.2410 acres Premises: 1655 Old North Road, Southold, New York Part of SCTM #1000-54-3-24.1 Closing held on Thursday, November 13, 2008 Land Preservation Department Southold Town Hall Annex (from left to right) Scott A. Russell, Town Supervisor Patricia A. Sepenoski John A. Sepenoski John MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa, spiro~town.southold.ny.us Telephone (631) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From; Melissa Spiro, Land Preservation Coordinator Date: November 13, 2008 Re: SEPENOSKI to TOWN OF SOUTHOLD plo SCTM #1000-54-3-24.1 Please be advised that the Town has acquired a development rights easement on the property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 1655 Old North Road, Southold SCTM #: part of 1000-54-3-24.1 PROPERTY OWNERS: John A. Sepenoski and Patricia A. Sepenoski PURCHASE DATE: Thursday, November 13, 2008 PURCHASEPRICE: $3,575,512.00 (based on 44.6939 acres (~ $80,000/buildable acre) TOTAL PARCEL ACREAGE: 53.7202 acres EASEMENT ACREAGE: 45.2410 acres (includes 0.5471 acre right-of-way) RESERVED AREA: 8.4792 acres ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: This property is listed on the Community Preservation Project Plan list. The land is actively farmed and includes some wooded area. File View Toolbar Help A E R I A L S I= 491' ! 1 750' 750' t=750' ! 750' I I I I i I I I I I I I ! i ! I 1938 AERIAL PHOTOGRAPH S U R V E Y SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-54-03-24.1 SCALE: i'--100' AUGUST 4, 2008 SEPTEMBER 26, 2008 (REVISION.) OCTOBER 20, 2008 (REViSION) NOVEMBER 7, 2008 (REVISION) FINAL SURVEY LoT 7 27O EsTA,TES" FILED F~BRUA ' LoT 1 LoT 5 LoT 4, LoT 3 ~~"~'~ LOT 1 ~ DEVELOPMENT RICH'IS EASEMENT AREA=45.2410 ACRES RESERVED AREA AREA=8.4792 ACRES I NO~T~ ~OAD CERTIFIED TO: TOY,,N OF SOUTHOLD FIDELITY NATIONAL HTLE INSURANCE COMPANY JOHN A. SEPENOSKI PATRICIA SEPENOSKI NOV 10 20,3,fi TOTAL AREA=53.7202 ACRES · =MONUMENT · =PIPE ~'N.Y:S. LIC. NO. 4.,°~ P.C. 5020 FAX (651) 765-179- p,( 909 12J0 TRAVELER SIREETI SOUTHOLD, N.Y~ 11971 l O,.,_l,,_m Tt A E R I A L M A P John Patricia Sepenoski Sepenoski Town Development Rights Purchase Map Prepared by Town of Southo]d July 24, 2008