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Home My WebLink AboutFrank/Stackler Properties (Pipes Cove Preserve)Baseline Documentation 1000-45-5-7.3 (formerly known as lots 1000-45-5-7.1 & 7.2 1000-47-2-33 & 34 1000-53-1-18) "STACKLER' Properties to TOWN OF SOUTHOLD 35~418 acres - Open Space Acquisition Deeds dated March 26, 2008 Recorded May 12, 2008 Suffolk County Clerk- Liber D00012550, Pages 611-619 1000-45-5-7.3 (formerly known as lots 1000-45-5-7.1 & 7.2 1000-47-2-33 & 34 1000-53-1-18) Baseline Documentation Premises: 1650 Shore Drive (21.030 acres); No # Silvermere Road (3.681 acres); 1650 Shore Drive (0.22 acre); 2075 Shore Drive (0.231 acre); and 1653 Shore Drive (10.256 acres) Greenport, New York 35.418 acres Open Space Acquisition "STACKLER" Properties FRANK, STACKLER & HARDY and MID ISLAND SHOPPING PLAZA CO. to TOWN OF SOUTHOLD Deeds dated March 26, 2008 Recorded May 12, 2008 Suffolk County Clerk - Liber D00012550, Pages 611-619 SCTM #: 1000-45-5-7.1 (parcel 1 of 5) Premises: 1650 Shore Drive Hamlet: Greenport Purchase Price: $1,923,635.00 Total Purchase Price: $4,500,000.00 (5 parcels) Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Parcel Acreage: 21.030 acres Total Parcel Acreage: 35.418 acres Zoned: R-40 & R-80 Existing Improvements: In September 2007 - No improvements; wooded acreage and shoreline along Pipes Cove and Pipes Neck Creek; tidal wetlands in southwest quadrant; Drain pipe SCTM #: Premises: Hamlet: Purchase Price: Total Purchase Price: Funding: CPF Project Plan: Parcel Acreage: Total Parcel Acreage: Zoned: Existing Improvements: 1000-45-5-7.2 (parcel 2 of 5) No # Silvermere Drive Greenport $130,540.00 $4,500,000.00 (5 parcels) Community Preservation Funds (2% land bank) Yes 3.681 acres 35.418 acres R-40 & R-80 In September 2007 - Asphalt pavement of Shore Drive SCTM #: Premises: Hamlet: Purchase Price: Total Purchase Price: Funding: CPF Project Plan: Parcel Acreage: Total Parcel Acreage: Zoned: Existing Improvements: 1000-47-2-33 (parcel 3 of 5) 1650 Shore Drive Greenport $725,000.00 $4,500,000.00 (5 parcels) Community Preservation Funds (2% land bank) Yes 0.220 acre 35.418 acres R-80 In September 2007- wooded acreage and shoreline on Pipes Cove; wood bulkhead encroachment along northeasterly boundary SCTM #: Premises: Hamlet: Purchase Price: Total Purchase Price: Funding: CPF Project Plan: Parcel Acreage: Total Parcel Acreage: Zoned: Existing Improvements: 1000-47-2-34 (parcel 4 of 5) 2075 Shore Drive Greenport $725,000.00 $4,500,000.00 (5 parcels) Community Preservation Funds (2% land bank) Yes 0.231 acre 35.418 acres R-80 In September 2007 - Wooded acreage and shoreline along Pipes Cove SCTM #: Premises: Hamlet: Purchase Price: Total Purchase Price: Funding: Donation: CPF Project Plan: Parcel Acreage: Total Parcel Acreage: Zoned: Existing Improvements: 1000-53-1-18 (parcel 5 of 5) 1653 Shore Drive Greenport $995,825.00 $4,500,000.00 (5 parcels) Community Preservation Funds (2% land bank) $325,000 grant from The Nature Conservancy Yes 10.256 acres ("island") 35.418 acres R-80 In September 2007 - No improvements; upland wooded and shorelines along Pipes Cove (eastern boundary) and Pipes Neck Creek (western boundary); tidal wetlands (northern boundary) and tidal marsh (southern boundary) DESCRIPTION LAND The subject consists of an irregular shaped pamel of land located in the southerly portion of the hamlet of Greenport. Lot 7.2 is a road which is approximately 3,500+' long and 50-+' wide. Lots 7.1 and 18 have a northerly border with approximately 1,700±' fronting along railroad tracks of the Long Island Rail Road. It has a north-south depth of approximately 700±' and contains extensive frontage along both Pipes Cove and Pipes Neck Creek. The combined area of these two lots is 32.50-+ acres These parcels contain significant areas of both tidal and freshwater wetlands. The largest contiguous areas of upland are located near the southwestern most portion of the property and the northeastern portion. Lots 33 and 34 both have approximately 100-+' of frontage along the southerly side of Shore Drive (Private), and 100-+' of frontage along Pipes Cove. The depth of these lots is approximately 140±'. These lots also contain areas of wetlands (tidal). The above dimensions were taken from the Suffolk County Tax Map and from the survey provided by the client. We have included a copy of the tax map in the addenda to this report. The property is mostly wooded and gently rolling. The total area of wetlands is estimated by the appraisers to be approximately 11.00-+ to 15.00-+ acres (estimated by survey, aerial photography, discussions with the Town of Southold and tax map). Utilities available to the property from its road frontage on Shore Drive include public water, electric, telephone, and cable. EGIVEN DESCRIPTION (CONTINUED) LAND IMPROVEMENTS The subject is vacant land. BUILDING IMPROVEMENTS The subject is vacant land in an essentially natural state. PRESENT USE AND OCCUPANCY The subject is vacant land in an essentially natural state. ZONING The subject property has been zoned R-80 and R-40 Residence by the Town of Southold. We have included a copy of the Town of Southold zoning map showing the subject and a Table of General Requirements, in the Addenda to this report. The R-80 Residence zoning district allows primarily a single family residential use on plots having a minimum size of 80,000 SF while the R-40 district requires 40,000 SF. Allowed uses other than a single family use are a park, play ground or recreational area, fire station, municipal office or any governmental building, a school, agricultural uses, including a plant nursery and acc~ ~ory uses associated with the permitted use. It is estimated that the westerly 65% of the subject lies within the R-80 zone with the remainder lying within the R-40 zoning district. P R 0 P E R T Y V I S U A L S PHOTOGRAPHS OF THE SUBJECT PROPERTY View Of The Buiidable Upland From Shore Drive View Of The Wetlands 47 PHOTOGRAPHS OF THE SUBJECT PROPERTY View Of The Unbuiidable Uplands & Beach 48 PHOTOGRAPHS OF SUBJECT ~GIVEN PHOTOGRAPHS OF SUBJECT {CONT)NUED.~ ~GIVEN s2_ PHOTOGRAPHS OF SUBJECT PROPERTY Interior View Interior View Photos taken by Gerard Veitch 2006-4 4 PHOTOGRAPHS OF SUBJECT PROPERTY Shore Road Interior View Photos taken by Gerard Veitch 2006-4 5 PHOTOGRAPHS OF SUBJECT PROPERTY Waterfront View Photos taken by Gerard Veitch Waterfront View 2006-4 6 PHOTOGRAPHS OF SUBJECT PROPERTY Wetlands Photos taken by Gerard Veitch Beach Area 2006-4 7 PHOTOGRAPHS OF SUBJECT PROPERTY Water View of Pipes Cove Photos taken by Gerard Veitch 20O6-4 Beach Area PHOTOGRAPHS OF SUBJECT PROPERTY Pipes Neck Creek Photos taken by Gerard Veitch Pipes Neck Creek 2006-4 9 I I STIR lNG 83 Tax Map Location k 045 COUNTY OF SUFFOLK ~*~_..~;;~ Real Property lox Service Agency I~e~N~r SOUTHOLD ~ SECTION NO 1.3 cREEK COUNTY OF SUFFOLK I~Real Property Tax Service Agency ...... ~o,~ ~ SOUTHOLD %:::: ,ooo SECTION NO PROPERTY m ,mm m, m m m m m, m m m m USFWS NWl Wetlands 72-23-40 W 72-23-20 W 72-23-0 W 72-22~,0 W 72-23-40 W 72-23-20 W 72-23-0 W 72-22,40 W Map center: 4-1° 5' 33" N, 72° 23' 8" W Legend interstate Major Roads Scale: 1:16,842 This map is a user generated static output from an h~ternet mapping site and is for general reference only Data layers that appear on this map may or may not be accurate, current, or otherwise reliabte THIS MAP IS NOT TO BE USED FOR NAVIGATION. CoT] e Nature nservancy CELCP FY08 FUNDING APPLICATION STACKLER PARCELS: PIPES COVE, PECONIC ESTUARY, NY Project Site Owner: Stackler and Others Acreage: +/- 36 acres SCTM: 1000-45-5~7A, 7.2; 47-2-33, 34; 53-1-18 FEMA: AE, X500 0 Zoning: R40, R80 I Sources: Suffolk County Plannit3 Dept. Real Property TaxAgency NYS OFT Town of Southold, TNC D [¥oposed Project Site ~ Greater Pip~ Cove Target Acquisitions 1,000 2,000 4,000 Feet ~ Village~ Town Comity ()pen Space I I } I I I I E~ ]NC llndenvaterLand Prepared byThe Nature Conservancy, Long Island, October 2006 E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Stackler 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 Greenport, Town of Southold, County of Suffolk, New York. The overall property is comprised of approximately 38.1 acres of vacant wood and marsh land. The subject property is located on the west side of Shore Drive, east of Pipe's Creek and south of the LIRR. The property is more particularly described as Suffolk County Tax Map #'s 1000-45-05-7.1 & 7.2, 1000-47-2-33-34 and 1000-53-1-18. The subject property consists of vacant wooded land and marsh land. Debris including yard waste, a rusted appliance, vehicle seats, wood and other items were noted in proximity to Shore Drive. Several areas where ponding occurs on the site were noted. The possible location of a formerly cieared roadway was noted. No staining, stressed vegetation, odors or foundations were noted on the property. No Sanborn map coverage was available for the area of the subject property. Aerial photographs from 1938, 1954, 1960, 1976, 1980, 1994 and 2004 were reviewed in order to determine if any prior uses that occupied the subject property. Clearings for roadways were apparent in the 1954 and 1960 aerial photographs. Revegetation of the cleared paths was apparent in the 1976, 1980 and 1994 aerial photographs. No sign of the previous cleating was apparent in the 2004 aerial photograph. An extensive government records search found no potential sources of environmental degradation on or in the area of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. However, it is recommended that the debris observed on the property be removed and properly disposed of. mm m m m m mm m m m mm I I I ii I 1 V ie',~ ~f debris an d I I I I I ! I I I I I I I I FIGURE 1 LOCATION MAP 5;tackler Property, Greenpor~ Phase I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Stackler Proper~y (;reenpor! Phase I ESA I I I I I I I i Source Nh S(~l,q O~'thom~agcr? Prog~'~m, 2004 I I I I i ! FIGLRE 3 LAND USE MAP Smokier PropeV~y, Greenport Phase I ESA I I I I I I I I Scott I' 8(I0' mi i 1 FIGURE 4 ~tackler Prt~perty~ Greenpor~ Pha~, I ESA ZONING MAP I I I ! I ! I I I I I I FIGURE SOILS MAP Stackler Propert}~ Grtxenporl Phase I ESA I I I I i ! I i I I I i I I ~ IG1 rE 6 TOPOG RAPttiC MAP DF~ve~n Pipes Cove Pha~e I ESA FIGILJRE 7 Stackler Property~ (;reenpo 1 Phast~ I ESA I il ! I I I I I I I I I I I I WATER TABLE CONTOUR MAP $16780 3 580 ~o 5 76 FI(,[ RE 8 Stackler Properiy, (;reenpor~ Phase ! I~.qA I I I I I I I I i I I I I I I WATER MAIN MAP I I I I I I I I I I I I ! I Staekler Properl), (,reenpor Phase [ ESA I I I I I I FIGURE 10 TIDAL WETLANDS MAP Stackler Property, Grceap~vt Phase I ES4 I I I I I I I i I ! I I i I I I I I I I I~IGI RE 11 FLOOD MAP ZONEx .... )NE X Slackler Property, (;reenporl Phase I ESh BARRIER IDENTIFIED 11--16--90 COASTAL BARRIER LEGEND) OVERVIEW MAP - 1958952.2s ? ? Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Manutactured Gas Plants National Priority List Sites Dept. Defense Sites Indian Reservations BIA ~'~' Oil & Gas pipelines [] lO0-year flood zone [] 500-year flood zone [] NationaIWetiand Inventory ,~ State Wetlands This repod includes Inleractive Map Layers to display and/or hide map information. The legend includes only those icons for defaull map view. SITE NAME: Stackler Property ADDRESS: 1650 Shore Ddve Greenport NY 11944 LAT/LONG: 41.0936/72.3798 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 1958952.2s DATE: June 19, 2007 6:46 pm DETAIL It',AP - 1958952.2s Target Property Sites at elevations higher than or equal to the target property Sites at elevations lower than the target property Manufactured Gas Plants Sensitive Receptors National Priority List Sites Dept. Defense Sites i: Indian Reservations BIA ~'~,, Oil & Gas pipelines ] 100-year flood zone ] 500-year flood zone ] State Weth~nds This report includes Interactive Map Layers to display and/or hide map information. The legend includes only 1hose icons for fhe deiaull map view. SITE NAME: Stackler Property ADDRESS: 1650 Shore Ddve I LATtLONG: Greenpod NY 11944 41.0936 / 72.3798 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 1958952.2s DATE: June 19, 2007 6:46 pm SSURGO SOIL MAP - 1958952.2s i I TargetPropert~ SSURGOSoil Water SITE NAME: Stackler Property ADDRESS: 1650 Shore Drive Greenport NY 11944 LAT/LONG: 41.0936/72.3798 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY #: 1958952.2s DATE: June 19, 2007 6:46 pm PHYSICAL SETTING SOURCE MAP - 1958952.2s ,/~/ County E~oundary ~ Major Roads Contour Lines Earthquake epicenter, Richter 5 or greeter Water Wells Public Water Supply Wells Cluster of Multiple Icons Groundwater Flow Direction Inde terminate Gr our~dwater Flow at Location Grour~dwater Flow Varies at Location Ciosest H ydrogeological Data Oil, gas or related wells SITE NAME: StacklerPrope~y ADDRESS: 1650ShoreDHve GreenpoH NY 11944 LAT/LONG: 41.0936/72.3798 CLIENT: Nelson, Pope & Voorhis LLC CONTACT: Marissa Da Breo INQUIRY#: 1958952.2s DATE: June 19, 2007 6:46 pm 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) 765 571 I Fa(simile (63 I) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRE~SS: PO, Box 1179 Southold, NY 11971 -(t959 LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, June 13, 2006 Members Present: Members Absent: Aisc present: Ray Huntington John Sepenoski Lillian Ball (7:13 p.m.) Ray Blum, Chairman Michelle Zaloom (left 10:15 p.m.) Chris Baiz Eric Keil (7:33 p.m,) Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison (7:21 p.m,) Margot Booth, observer Tim Caufield, Peconic Land Trust (7:42 p.m.) Commencement: The meeting began at 7:10 p.m. with four LPC members present. The Members entered into EXECUTIVE SESSION. Applications: SCTM #: Location: Total Acreage: Zoned: CPF: STACKLER PROPERTY (Pipe's Cove area) [executive session] 1000-45-5-7.1 1650 Shore Rd (w/s Silvermere Rd), Greenport :1:22.1 (total acres) R-40/R-80 Yes SCTM #: 1000-45-5-7.2 (roads) Location: Silvermere Rd, Greenport Total Acreage: +4.0 (total acres) Zoned: n/a SCTM #: Location: Total Acreage: Zoned: 1000-47-2-33 & 34 (waterfront lots) 1650 Shore Rd & 2075 Shore Rd, Greenport ±0.66 (total acres) 14,000 sq ft each or 0.33 acre ea R-40 SCTM #: 1000-53-1-18 (Squirrel island) Location: 1653 Shore Drive, Greenport Total Acreage: +11.44 (total acres) Zoned: R-80 Reviewert updatert appraisal information [executive session]. Melissa explained issues that she had with the most recent appraisal prepared for the Town on the Stackler property. MOTION made by Ray Huntington, seconded by Eric Keil, to direct Randy Parsons of The Nature Conservancy, to commission another appraisal on the Stackler property. Motion carried: 6/0. END OF EXECUTIVE SESSION P U B L I C H E A R I N G Southold Town Board - Letter Board Meeting of June 19, 2007 RESOLUTION 2007-544 ADOPTED Item # 11 DOC ID: 2969 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-544 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 19, 2007: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 3~ 2007~ at 4:37 p.m.~ Southold Town Hall 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of properties owned by Stackler and others~ or the successors thereto. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #t000-47-2-34, #1000-45-5-7.1 and #1000~ 45-5-7.2. The total area of the properties is 38.2:t: acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2+ acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2-+ acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dxvellings. Once the acquisition is completed, the Town will own Generated July 2, 2007 Page 17 Southold Town Board - Letter Board Meeting of June 19, 2007 the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. 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. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, 3ustice SECONDER: Thomas H. Wickham, Councilman AYES: Krupski 3r., Edwards, Ross, Wickham, Evans, Russell Generated July 2, 2007 Page 18 LEGAL NOTICE NOTICE OF PUBLIC HEARING RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 3~ 2007~ at 4:37 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of properties owned by Stackler and others~ or the successors thereto. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2- 33, # 1000-47-2-34, # 1000-45-5-7.1 and # 1000-45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2_+ acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2+ acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty- five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 114- Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in I,and Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: June 19, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JUNE 28, 2007, 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 Land Preservation Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING July 3, 2007 4:37 PM COUNCILMAN WICKHAM: RESOLVED that pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ July 3~ 2007~ at 4:37 p.m.~ Southold Town Itall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of properties owned by Stackler and others~ or the successors thereto. Said properties are identified as SCTM # 1000-53 - 1-18, # 1000-47-2-33, # 1000-47~2-34, # 1000-45 -5 -7.1 and # 1000-45-5 -7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2+ acres known as the Stackler Property for open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2+ acre property is $4,500,000 (four million five hundred thousand dollars) and the purchase will be funded by the Community Preservation Fund, and a $325,000 (three hundred twenty- five thousand dollar) donation from The Nature Conservancy. The Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh m~d wetlm~d protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment ora nature preserve, passive recreational area with trails and limited parking for access purposes. The Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stcwardship and Management Plan for preserved properties within the Pipes Cove area. Stackler properties OS 2 As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the Town TDR Bank will not be finalized, and shall not occur, until the To~w~ closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. 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 a memo f~om Mark Terry, the LWRP coordinator. "The proposed action has been reviewed according to LWRP policy standards. The action involves the purchase of 38.2 acres of land for open space etc. Based upon the information provided on the consistency form assessment form submitted to this department, the proposed action is consistent with the policy standards of LWRP and therefore is consistent with the LWRP." It has appeared as a legal in the local newspaper and I have an affidavit that it appeared as a legal also on the Town Clerk's bulletin board outside. That is all. SUPERVISOR RUSSELL: Would anybody like to come up before the Town Board and comment on this acquisition? MELISSA SPiRO: Melissa Spiro, Land Preservation Coordinator. I would just give a little bit of background. Several years ago, the Town Board created what we are calling the Pipes Cove focus area. There is an area of land, it goes all the way from County Route 48 really almost from the Sound down to Pipes Neck Creek and it is the Pipes Cove area. it is quite, maybe Randy can point that out, and the Town Board, like I said, several years ago created this focus area and in doing so, we wanted to reach out to all the landowners in there to try to preserve that land. We hired the Nature Conservancy through a contract with the Town, funded through our community preservation fund, to have the Nature Conservancy go out, contact the landowners and bring perspective and potential projects to the Town and to the Town Land Preservation Committee and Town Board for us to work on that. The Nature Conservancy has been hard at work doing that over the years, we have purchased several large holdings and also some small holdings in that area. The county also has been partnering with us on some purchases in that area. The Stackler property is really one of the cornerstones or keystone pieces in this puzzle. It fronts on Pipes Neck Creek and also Pipes Cove. It is just a very environmentally sensitive and very important parcel in this whole focus area. Having said all that, I xvould like to turn it over to Randy Parsons from the Nature Conservancy to give you some more b:~.cl.: '.t> t~d :tbottt thc p~t!ticl~irt~' project. Randy has been i!!:4 r.i:t!~::ntal in he!ping tls this ~c:t. He and thc Natu:c Conservancy have been able to g,zt us some grant landing, quite a bit of it, and he will talk to that. And also the Nature Conse~wancy on its own has through private donations, donated funding towards this project and also to a project that wc purchased quite a Few years ago, tl~c Reese property. Stackler properties OS 3 RANDY PARSONS: Thank you. Greetings everybody. I wrote a letter, it is probably easier ifI read it. It is pretty short and it repeats a lot of what Melissa said. The story of this property really begins some 20,000 years ago at the end of the last ice age. COUNCILMAN KRUPSKI: You said it was short, right? MR. PARSONS: And the retreat of the glaciers from the eastern Long Island. At that time the soils and terrain of Long Island were formed, as you know, including those of the Stackler properties. According to the US Department of Agricultural soil survey of Suffolk County, the Stackler property is about 58 pement within an area of Canadis silt loam, a very unusual soil classification in Suffolk County which occurs almost entirely north and west of Greenport in a nearly continuous area of about 450 acres. This soil type provided an excellent source of clay for making bricks. And there is evidence of this former resource space land use just west of Pipes Cove, where Brickyard Road and Sage Street still exist. The remaining 50 percent or so of the Stackler property is made up of prime agricultural soils, tidal marsh and beaches. Environmentally, th/s site is part of the watershed of the Peconic Estuary. It makes up much of the eastern shore of Pipes Neck Creek, where the fresh water's draining south from Moores Woods flow into the tidal waters of Pipes Cove. And the large tidal marsh there helps purify the water, creating a unique habitat for rare plants and animals and is part of a panoramic, scenic view of a healthy coastal ecoqsystem. Many of the same attributes which make this site valuable from an environmental perspective also make it attractive for vacation and second home developments. On June 29, 1950, well before zoning existed in the Town of Southold, the map of Greenport shores section one was recorded in the Suflblk County Clerk's office. This old filed map divided tbe 38 acre property we come here today to consider acquiring, into 50 lots with over 3,200 linear feet of roads. And while most of this subdivision remains unbuilt; a road, water main and utilities are in place to support future development. Today, the Town, the Nature Conservancy, the County, the State and the federal government have all recognized Pipes Cove and the Stackler property to be of the highest environmental priority for the future health of the Peconic Estuary, the plants and animals that rely on the Peconic Estuary for survival and as a public resource for recreation and scenic enjoyment. The Stackler property was just ranked number 5 nationally among applicants for federal matching funds for acquisition to protect the coast and estuarine lands. With the Nexv York State Department of State, Congressman Bishop and Senator Schumer, with their continued support we are hopeful that the funding will be put in place to provide the Town with a $2,125,000 matching grant towards this pnrchase. We should have ~nore word on that sometime in the fall but the fact that this property ranked number 5 nationally certainly makes it within reach for the amount of funding Congress is considering for this year. And though it has taken nearly four years of work by the Town Preservation Department, the To~vn CPF Committee, the Town Board and tile Natnre Conservancy to reach an agreement with the two thmilies and multiple individuals from several states, who own this land, we now have a contract signed by all the owners, ready for execution by the Town Supervisor once he has received the authority from the Town Board. With a certain $325,000 grant from the Nature Conservaucy, a possible $2,125,000 grant federal grant in the wings and the approval of this Board attcr the close of' this hcaring, thc most important piece of open Stackler properties OS 4 space remaining in Pipes Cove can be put into public ownership. This acquisition effort would not be this far along without the continued support of this Board. You now have the power to finish the job. I urge you to use it. Thank you for the opportunity to address the Board and assist the Town with this project. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this acquisition? UNIDENTIFIED: We live along Shore Drive and Smith Road, there are so many animals, there are so many, my daughter takes my grandson through there. It is a beautiful, quiet place. (Inaudible) a copy of that map where the Town has it all built up with roads and homes and traffic .... SUPERVISOR RUSSELL: That is the old, proposed subdivision map that was done back in the 50's. Yeah. UNIDENTIFIED: Yeah. SUPERVISOR RUSSELL: Back in the days when you could create 50 foot wide lots. UNIDENTIFIED: Yeah. We have lived there for over 40 years and I have to say, coming up from New York, we have seen so many farms turned into subdivisions that when xve make that turn onto Shore Drive, it is as it was 40 years ago. There is one new house, i believe, right? One new house in 40 years. And so we certainly, we support this. We are so happy (inaudible). SUPERVISOR RUSSELL: I hate to put you on the spot. Can you just let us know your name for the record? BARBARA DAI: Oh, it is Barbara Dai. And Marie Scheck. SUPERVISOR RUSSELL: Would anybody else like to comment? (No response) Close the meeting. Linda J. Cooper Deputy Town Clerk S E R E S 0 L U T I 0 N RESOLUTION 2007-606 ADOPTED DOC ID: 3011 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-606 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2007: WHEREAS, the Town Board of the Town of Soutfiold wishes to purchase fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2- 34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR. The proposed acquisition is for the Town to acquire fee title to the entire 38.24- acres known as the Stackler Property for passive open space purposes. The exact area of the purchase is subject to a Town provided survey. The purcfiase price for the entire 38.2± acre property is $4,500,000 (four million fivc hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation froin The Nature Conservancy, and thc Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program; 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.; and, 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; and, 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, be it further RESOLVED that the Town Board of the To;vn of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: Resolution 2007-606 Board Meeting of July 3, 2007 Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Elisabeth Morgan NOAA/OCRM/Coastal Programs 1305 East-West Highway (N/ORM3) Station 11205 Silver Spring, MD 20910 Dennis Mildner Andrew Labruzzo NY Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Mark Copeland Office of Representative Tim Bishop 225 Cannon HOB Washington D.C. 20515 Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councihnan SECONDER: Louisa P. Evans, Justice AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 7/9/2007 11:22 AM by Linda Cooper Page 2 617.20 Appendix ¢ State Environmental quality Ray,ow SHORT ENVIRONMENTAL ASSESSMENT FORM For UNMSIT. D ACI'~OHS Only PART Z-PROJECT TNFORHATZON (To be completed by Applicant OR Project) Page 1 of 2 1. APPLZCAHT/SPONSOR: Soul:hold Town Board 2. PRO3ECT NAHE: ~'~..J~,,t'l~ gf ~ ~,~' , 3, PR.O~ECT LOCATION: ! 4, PRECISE LOC, AT/ON: (Street address and road intersections, prominent landmarks, etc, or provfde map) S. XS PROPOSED ACTZON: I~ N~w ~ Exp~nsioe -~ ModlficaUon 6, DESC~BE PROJE~ B~EFLY: 7. AHOUflT OF ~N~ IN.ALLY ~,~ ~ acres UL~MATELY 9, WHAT IS PRESENT ~ND USE IN VICIN~ OF PROJE~ AGENCY (FED~L, STATE OR LOCAl)? 11, DO~S ANY ASPE~ OF THE AC~ON HAVE A CURRENTLY VAnO PERM~ OR APPROVAL? ~ Yes ~ No if yes, list ~gen~(s) andpennl(/ap~rovals PART I*Z-ENVZRONHENTAL ASSESSHENT (To be c~,,~leted by Agency) Page 2 of 2 A. DOl~q ACI'ZON EXCEED ANY TYPE ! TH RF~HOLD Zfl 6 NYCRI~ PART 617.47 [] Yes~ Nolfye~cootdinatetherev/ewpmce~andu~ethefu//EAF B. W~LL ACIZON RECEZVE COORDENATED REVZEW AS PROVZDED FOR UNLL~'ED ACI'ZONS TN 6 NYCRI~ PART 617.67 YesI~ No if no, a negative dederation may be su~nded by another Involved agency C. COULD ACTION RESULT [N ANY ADVERSE EFFECTS AS~[OCIATF.~ ~ THE FOLLOWZRG= (Answers may be handwritten, if legible) C~.. Existing air quality, surface or groundwater quality or quantity, noise levels, existing b'effic patterns solid waste production or disp~o~al, potential for erosion, drainage er flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural er cultural resources; or community or neighborhood character? Ex~a;n briefly: C3. Vegetation or I'auna fishes shellfish, or wildlife species, signlflcaet habitats, or threatened er endangered spedes? Explain briefly: C41,'~ ~'ommonity s existing plans cr goals as off~cially adopted, or cha~ge In use er intensity of use of land or other natural resoumes? Exp~,,ria fl~: CS.'J3~,~wth, subsequent development, or related activities likely to be i~duced by the proposed action? Explain briefly: D. WILL THE PRO3ECT HAVE AN iMPACT ON THE ENVlrRONM ENTAL CHAP, AL-TElL[CS THAT CAUSED THE ESTABI I'SHMENT OF A CEA? ~ Ye?:~ NO E. ;S THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENV][RONMENTAL IMPACTS? PART Iii- DETERMINATION OF SiGNiFICANCE (To be completed by Agency) INSTR. UCT[ONS: For eaffi adverse effect identified above, determine whether it is substanUa[, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO trreversibifity; (e) geographic scope; and (0 magnitude, tf 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 par/][ was checked yes, the determination a~d significance must evaluate tile potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potenfially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONME-FNAL ASSESSHEN~ FORM and/or pcepare a positive declaration. r~ Check this box il' you have detelmlned, based on tile information and analysis above and any supporting documentation, that the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments erin Ce~d Ag licy - ~ ,~ ~lfiJ~ Responsible Officer Signature of Responsible Offic~;r in Le~J Age,~cy ' ~3~gnat~e ~'l~repare(~ldifferent from of resbonsible P U R C H A S E R E S 0 L U T I 0 N RESOLUTION 2007-607 ADOPTED DOC ID: 3012 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-607 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 3, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-53-1- 18, #1000-47-2-33, #1000-47-2-34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvermere Road in Greenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive where Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of LIRR; and WHEREAS, the proposed acquisition is for the Towu to acquire fcc title to the entire 38.2± acres known as the Stackler Property tbr passive open space purposes. The exact area of the purchase is subject to a Town providcd survey. The purchase price for the entire 38.2± acre property is $4,500,000 (four million five hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy, and the Town may also be eligible for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program; and WHEREAS, the Stackler properties contain the existing road known as Shore Drive. Shore Drive provides access to existing residential dwellings. Once the acquisition is completed, the Town will own the road for purposes of access to the Town-owned open space. The existing residential dwellings will retain legal access over Shore Drive; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational arca with trails and limited parking for access purposes. The Nature Conservancy will bc working in partnership with the To~vn to prepare a Pipes Cove/Arshamomaque Park Stcwardship and Management Plan for preserved properties within the Pipes Cove area; and Resolution 2007-607 Board Meeting of July 3, 2007 WHEREAS, as per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 117-5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank; and WHEREAS, the purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold; 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 fee title to this open space acquisition; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase fee title on these properties; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase fee title to certain properties owned by Stackler and others pursuant to the provisions of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Code of the Town of Southold. Said properties are identified as SCTM #1000-53-1-18, #1000-47-2-33, #1000-47-2- 34, #1000-45-5-7.1 and #1000-45-5-7.2. The total area of the properties is 38.2± acres. The addresses of the properties are respectively 1653, 1650, 2075, 1650 Shore Drive and no # Silvcnnere Road in Grcenport. The properties are located within the R-40 and R-80 zoning districts. The Stackler properties begin approximately 569 feet south of Route 25, along the westerly side of Shore Drive whcre Shore Drive intersects with lands of Long Island Rail Road and are bordered on the east by Shore Drive, south by Pipes Cove, west by Pipes Neck Creek, and north by land of L1RR. The proposed acquisition is for the Town to acquire fee title to the entire 38.2± acres known as the Stackler Property for passive open space purposes. The exact area of the purchase is subject to a Town provided survey. The purchase price for the entire 38.2± acre property is $4,500,000 (fbur million five hundred thousand dollars) plus acquisition costs. The purchase will be funded by the Community Preservation Fund, a $325,000 (three hundred twenty-five thousand dollar) donation from The Nature Conservancy, and the Town may also be eligiblc for grant funding from The National Oceanic & Atmospheric Administration, Coastal Estuarine Land Conservation Program. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved for open space, park, nature prescrve and passive recreational purposes, fi'esh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Proposed uses of the property may include the establishment of a nature preserve, passive recreational area with trails and limited parking for access purposes. Thc Nature Conservancy will be working in partnership with the Town to prepare a Pipes Cove/Arshamomaque Park Stewardship and Management Plan for preserved properties within the Pipes Cove area. As per Chapter 117 (Transfer of Development Rights) of the Code of the Town of Southold, Section 11%5, the Land Preservation Coordinator has estimated that 11± Sanitary Flow Credits may be available for Updated: 6/28/2007 10:10 AM by Melanie Doroski Page 2 Resolution 2007-607 Board Meeting of July 3, 2007 transfer from the properties upon the Town's purchase of the properties. The transfer of the Sanitary Flow Credits into the TDR Bank will not be finalized, and shall not occur, until the Town closes on the properties, and the Town Board passes a resolution allowing the transfer in the Town TDR Bank. The purchase of fee title to these properties for open space purposes is in conformance with the provision of Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) 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 Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and, be it further RESOLVED that a copy of this Resolution shall be mailed by the Town Clerk to the following: Randall Parsons, Conservation Finance and Policy Advisor The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 Elisabeth Morgan NOAA/OCRM/Coastal Programs 1305 East-West Highway (N/ORM3) Station 11205 Silver Spring, MD 20910 Dennis Mildner Andrew Labruzzo NY Department of State Division of Coastal Resources 41 State Street Albany, NY 12231 Mark Copeland Office of Representative Tim Bishop 225 Cannon HOB Washington D.C. 20515 Elizabeth A. Neville Southoid Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Thomas H. Wickham, Councihnan AYES: Krupski Jr., Edwards, Ross, Wickham, Evans, Russell Updated: 6/28/2007 10:10 AM by Melanie Doroski Page 3 OFFICE 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 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Melissa Spiro, Land Preservation Coordinator Land Preservation Department From: Mark Terry, Principal Plmmer ~ LWRP Coordinator Date: June 27, 2007 Re~ The purchase of STACKLER & OTHERS properties SCTM# 1000-53-1-18; 47-2-33 & 34; 45-5-7.1 & 7.2 The proposcd action has been reviewed to Chapter 268, Waterfront Consistency Review of the To~vn of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The action involves the purchase of 38.2:[ acres of land for open space, park, nature preserve and passive recreational purposes, fresh and saltwater marsh and wetland protection, and the preservation of undeveloped beachland and shoreline. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the policy standards of the LWRP and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Last Southold Town Board elected to purchase about 38 acres of environmentally sensitive property at Pipes Cove in Greenport for $4.5 million. Pipes Cove a bit safer 38 acres of waterfront will be added to preserved By Rebecca Packard The Southold Town Board last week voted to spend $4.5 million for an envi- ronmentally sensitive 38-acre property adjoining Pipes Cove in Greenport. The town's land preservation office and The Nature Conservancy have worked on the deal for about five years, and the property has been ranked among the top five in the nation deserv- ing of protection with federal funding. "It's a very unique and significant purchase," said Melissa Spiro, land preservation coordinator for the Town of Southold. She also said that the un- developed bayfront and creekfront drain directly into Pipes Cove, making it environmentally sensitive. The property, known as the Stack- ler property, consists of about 38 acres bordering Pipes Cove and Shore Drive, Pipes Neck Creek, and the Long Island Rail Road right of way. It's part of a larger pres- ervation project the town is co- ordinating with the Nature Con- servancy to pre- serve a number Conservancy said that the land's drain- age into the cove impacts habitats of rare plant and animal speciex He said a USDA soil survey of Suffolk County also indicates the property is unique. 'The grant money's an uncertainty, but there's a lot of certainty in how important that entire area is environmentally and ecologically: --Southold Supervisor Scott Russell of properties in the Pipes Cove area. In a prepared statement read at the hearh~g before the purchase was autho- rized, Randall Parsons of the Nature The Nature Conservancy came up with $325,000 in do- nations to sup- port the pur- chase. The town will make up the difference from the Conununity Preservation Fund. However, both parties hope to recoup half the purchase price through a federal grant applied for with the help of Rep. 6 · The Suffolk Times · July 12, 2007 land Tan Bishop (D-Southampton) and the New York State Department of State. That funding depends on how much Congress authorizes for the National Oceanic and Atmospheric Adnfinistra- tion's coastal and estuarfl~e land conser- vation program. "While we do not yet have the grant, having been ranked fifth in the nation during the review process puts us in a good position for funding," Mr. Parsons stated in a recent e-mail. The timing of thc final decision on the federal grant remains uncertain, according Will Jen- kins. press secretary' for Mr. Bishop, but he said the office could get word on mi rial approwfl within the next few weeks. Southold Supervisor Scott Russell said the town didn't want to wait fix- word on the federal grant because the ready availability of public water makes the property more susceptible to development. "The grant money's an uncertainly," said Mr. Russell,"but there's a lot of cer- tainty in how important that entire area is environmentally and ecologically." C L O S I N G S T A T E M E N T CLOSING STATEMENT "STACKLER" Properties to TOWN OF SOUTHOLD Total Open Space Acquisition - 35.418 acres FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees u/w/o Leonard L. Frank, FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees ulw/o Eleanor O. Frank, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustees u/w/o Walter G. Stackler, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustee ulw/o Ida M. Stackler, and LENORE F. HARDY, as executor and trustee u/w/o Leonard L. Frank, and LENORE F. HARDY, as executor and trustee u/w/o Eleanor O. Frank to TOWN OF SOUTHOLD SCTM #1000-45-5-7.1 Open Space acquisition - 21.030 acres (vacant land) Premises: 1650 Shore Drive, Greenport FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees u/w/o Leonard L. Frank, FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees ulw/o Eleanor O. Frank, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustees u/w/o Walter G. Stackler, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustee ulw/o Ida M. Stackler, and LENORE F. HARDY, as executor and trustee u/w/o Leonard L. Frank, and LENORE F. HARDY, as executor and trustee u/w/o Eleanor O. Frank to TOWN OF SOUTHOLD SCTM #1000-45-5-7.2 Open Space acquisition - 3.681 acres (improved & paper roads) Premises: No # Silvermere Road, Greenport FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees u/w/o Leonard L. Frank, FRANKLIN L. FRANK and CHARLES L. FRANK, as executors and trustees u/w/o Eleanor O. Frank, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustees u/w/o Walter G. Stackler, ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustee ulw/o Ida M. Stackler, to TOWN OF SOUTHOLD SCTM #1000-47-2-33 Open Space acquisition - 0.220 acrs (waterfront lot) Premises: 1650 Shore Drive, Greenport FRANKLIN L. FRANK and CHARLES L. FRANK, as executors & trustees ulw/o Leonard L. Frank; ROBERT W. STACKLER and WALTER L. STACKLER, as executors and trustees u/w/o of Walter G. Stackler, ROBERT W. STACKLER and FRANKLIN L. FRANK, and LENORE F. HARDY, as executor and trustee u/w/o Leonard L. Frank to TOWN OF SOUTHOLD SCTM #1000-47-2-34 Open Space acquisition - 0.231 acre (waterfront lot) Premises: 2075 Shore Drive, Greenport MID ISLAND SHOPPING PLAZA CO., A Limited Partnership to TOWN OF SOUTHOLD SCTM #1000-53-1-18 Open Space acquisition - 10.256 acres ("island") Premises: 1653 Shore Drive, Greenport Closing held on Wednesday, March 26, 2008, at 11:00 a.m., Land Preservation Dept., Southold Town Hall Annex Total Purchase Price of $4,500,000.00 disbursed as follows: Payable to Cullen and Dykman LLP, As Attys (3~25~08) $ 4,500,000.00' SCTM #1000-45-5-7.1 SCTM #1000-45-5-7.2 SCTM #1000-47-2-33 SCTM #1000-47-2-34 SCTM #1000-53-1-18 $1,923,635.00 $ 130,540.00 $ 725,000.00 $ 725,000.00 $ 995,825.00 *eligible for a $325,000.00 property acquisition partial reimbursement from The Nature Conservancy Expenses of Closing: 2007-08 Real Property Tax Reimbursement Payable to Cullen and Dykman LLP, As Attys (3/25/08) SCTM #1000-45-5-7.1 SCTM #1000-45-5-7.2 SCTM #1000-47-2-33 SCTM #1000-47-2-34 SCTM #1000-53-1-18 $ 1,082.18 $ 32.79 $ 163.96 $ 196.76 $ 1,574.07 $ 3,049.76** **66 days @ $46.2086 per diem Appraisals & Updated Appraisals Payable to Stephen H. Schuster, MAI (8126/03) Payable to Frederick Wood Associates Inc. (2/24/04) Payable to Frederick Wood Associates Inc. (5123/06) Payable to Frederick Wood Associates Inc. (1118/06) Payable to Given Associates LLC (1118106) Payable to Given Associates LLC (3~27~07) $ $ $ $ $ 2,250.00 3,200.00 1,000.00 500.00 3,600.00 1,800.00 Survey Payable to Nathan T. Corwin III, L.S. (10/19/07) $ 4,575.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC (Phase I, Environmental Site Assessment) (7/31/07) $ 1,500.00 Title Report Payable to Stewart Title Insurance Company (3/25/08) Fee insurance $17,318.00 Recording deeds $ 1,500.00 Certified deeds $ 175.00 Owner Searches $ 250.00 Additional Searches $ 370.00 $ 19,613.00 Title Closer Attendance Fee Payable to Patricia Fallon (3~25~08) $ 100.00 2007-08 Real Property Tax (2nd half) Payable to George R. Sullivan, Receiver of Taxes $ (3/25108) 8,456.20 Those present at Closing: John P. Sepenoski Mary C. Wilson, Esq. Bob Stackler Ken Frank Franklin Frank Jeffrey Herz, Esq. Cynthia Augello Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Seller Seller Attorney for Seller Legal Intern for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst August 1, 2003 STEPHEN H. SCHUSTER, MAI 57 NOYAC HARBOR ROAD SAG HARBOR, HEW YORK 11963-1520 631 725-5060 FAX 631 725-5060 Town of Southold PO Box 1179 Southold, NY 11971-0959 FOR PROFESSIONAL SERVICES RENDERED Re; Appraisal Services Greenport, New York 11963 SCTM #s: 1000-45-5-7.1 & 7.2 47-2-33 & 34 53-1-7 53-2-4 & 5 53-3-15.1 53-4-44.1 Appraisal Fee ........................................................................... $2,250.00 FREDERICK WOOD ASSOCIATES INC. P.O. BOX 538 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2583 EMAIL fwaincl@optonline.net Frederick Wood Associates Inc. P.O. Box 538 Bellport, NY 11713 Town of Southold , NY Appraisal services, Stackler properly, Greenport NY Please return invoice in envelope provided with payment made payable to Frederick Wood Associates FEE $3,200.00 PREY. PAYMENT DATE PAlm $o.oo BALANCEDUE $3,200.00 FREDERICK WOOD ASSOCIATES INC. P.O. BOX 638 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2683 EMAIL fwaincl@optonline.net Frederick Wood Associates Inc. P.O. Box 538 Bellport, NY 11713 Nature Cons. Town of Southold East Hampton , NY ~ER NUMBER tBI[.LING DATE ' ~/5/2b06 Appraisal of Stackler property, Greenport NY (update FEE of prior appraial completed in 2003 Please return invoice in envelope provided with payment made payable to Frederick Wood Associates $1,000.00 PREV. PAYMENTS DATE PAID $0.00 BALANCE DUE $1,000.00 FREDERICK WOOD ASSOCIATES INC. P.O. BOX 538 BELLPORT, NY 11713 PHONE 631.776.2541 FAX 631.776.2583 EMAIL fwaincl@optonline.net Frederick Wood Associates Inc. P.O. Box 538 Bellport, NY 11713 Nature Cons. Town of Southold East Hampton , NY ER NUMBER BILLING DATE 5/5/2006 ~,ppraisal of Stackler property, Greenport NY (update FEE 3f prior appraial completed in May 2006, includes DEC :lata and update value Please return invoice in envelope provided with payment made payable to Frederick Wood Associates $500.00 PREV. PAYMENT,~ DATE PAID $0.00 BALANCE DUE $500.00 : &$ S 0 C IAT ES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Date Invoice # 10/19/2006 142 Bill To ] The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 IPlease make check payable to: GIVEN ASSOCIATES, LLC. I Descriptio.~.n Appraisal of Real Property of J~~r Located Shore Drive Greenport, NY S.C.T.M. #1000-45-5-7.1,7.2: #1000-47-2-33, 34, #1000-53-1-18 Terms Due upon Receipt File No. 2006210 Amount 3,600.00 _GIVEN 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 --'- Invoice 2/23/2007 247 Bill To The Nature Conservancy P.O. Box 5125 East Hampton, NY 11937 IPlease make check payable to: GIVEN ASSOCIATES, LLC. Description File No. 2007130 Terms I Due upon Receipt I Appraisal of Real Property of Walter G. Stackler, et al. Located Shore Drive Greenport, NY S.C.T.M. #1000-45-5-7.1 and 7.2, #1000-47-2-33 and 34, #1000-53-1-18 Amount 1,800.00 NATHAN T. CORWIN III INC 322 ROANOKE AVE. P.O. BOX 1931 RIVERHEAD, NY 11901 Statement Date 9/30/2007 TO: Town of Southold P.O. Box ! 179 Southold, New York 11971 Att: Melanie Amount Due Amount Eric. $4,575.00 Date Transaction Amount Balance 08/29/2007 INV #661. Orig. A~nount $4,575.00. 4,575.00 4,575.00 --- SURVEY $4,575.00 · OCT - 3 2O07 DEPT OF LAND Nelson, Pope & Voorhis, LLC 572 Walt Whitman Road Phone: 631-427-5665 Melville'NY 11747 Fax: 631-427-5620 Invoice ProperS: 07160 Project: VA02418 Stackler Properties, Greenport Manager: McGinn, Steven Town of Southold Devt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melanie Doroski Invoice #: 5047 Invoice Date: July 13, 2007 MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS Invoice Amount $1,500. O0 Contract Item #h Prepare Phase I Environmental Site Assessment Work Performed thru 6/30/07 Contract Amount: $1,500.00 Percent Complete: 100.00% Fee Earned: $1,500.00 Prior Fee Billings: $0.00 Current Fee Total: $1,500.00 *** Total Project Invoice Amount $1,500.00 : : STEWART TITLE INSURANCE COMPANY 125 Baylis Road, Suite 201, Melville, New York 11747 Phone: 631-501-9615 Fax: 631-501-9623 FEE INSURANCE COVERAGE FAIR MARKET VALUE RIDER {Optional} PREMHIM ~'/.,~ MORTGAGE INSURANCE COVERAGE PREMIUM_ ENDORSEMENTS: Environmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee) MORTGAGE TAX (Mortgagor)~ COMMUNITY PRESERVATION FUND SURVEY INSPECTION DEPAR'FMENTAI~ SEARCDES STREET REPORT_ ESCROW DEPOSIT ESCROW DEPOSIT FEE BAN~UPTCY SEARCII RECORI)~G FEES: ( ) SATISFA~qON(S) ( ) MORTGAGE(S) ( ) CONSOLH)ATION~ EXTENSION & MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAYIT(S) ( ) ASSIGNMENT(S)~ TOTALCH~GES i$ /~/d,~ (!LOSER CHARGES, IF ANY: PICK-IJI' FEE PATRICIA L. FALCON Title Closer OFFICE ADDRESS: DFFICE [POURS & PHONE 53095 ROUTE 25 - P.O BOX 1409 MON-FRI 8:00 AM TO 4:00 PM SOUTHOLD, NY 11971 0499 631-765-1803 FAX: 631-765-5189 473889 53.-1-18 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2007 NOVEMBER 30, 2008 - 'tAXES BEEOME A LIEN DECEMBER 1, 2007 iF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~ ON REVERSE SIDE, 239 17 5732 Shore Dr 11.44 311,084,310 2,693,854 311 Res vac land Mid-Island Shopping PIz C 550 W Old Country Rd Ste Hicksville; NY 11802 First Half: 5727 $4,259.92 12/29/06 Second Half: 5727 $4,259.93 5/17/07 LEVY DESCRIPTION Greenport School Greenport Library LEVY % TAXABLE VALUE 64.43% 9,600 3.06% 9,600 12/04/07 600 600 Mid-Island Shopping PIz Co, ASSESSED VALUE 100% OF FULL VALUE 9,600 960,000 FRLoEMV~oRCI~oARN~EEAR TAX AMOUNT TOTAL TAX AMOUNT 585.868 3.90% 5,624.33 27.800 3.10% 266.88 Suffolk County Tax 1.88% 9,600 '17:097 8.30% 164.13 Southold Town Tax NYS Real Prop TaxLaw E-W Protection FD Waste Water District Solid Waste District FIRST HALF TAX 4.364.48 DUE DEC I 2007 PAYABLE WITHOUT PENALTY TO JAN 10 2008 SEE REVERSE SIDE FOR PENALTY SCHEDULE 0.45% 5.53% 0.00% 1.57% 9,600 9,600 9,600 9,600 4.077 50.299 .033 141292 -57.90% 8.50% -82.20% -20.90% 39.14 482.87 0.32 137.20 f;~,;~ I =tvd I=1"~7 .~.~% !; I:e] ;ie]l I -' 1:1 -'i Il 1"'1 / ;t [~1 Il :'1 ~,~ ~ ISECOND HALF TAX 4,364.48 I TOTAL TAX LEVY ~ 8.728,96 DUEDEC 1,2007 PAYA{3LEWITHOUTPENALTYTOMAY31 20~ SEEREVERSE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS I SIOE FOR PENALTY SCHEDULE AND COUNTY TREASdRER'S NOTICE I OFFICE ADDRESS: OFFICE HOURS & PHONE 53095 ROUTE 25 - PO. BOX 1409 MON FRI 8:00 AiM TO 4:00 PM $OUTHOLD, NY 11971-0499 631 765-1803 FAX: 631-765-5189 473889 45.-5-7.1 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2007 - NOVEMBER 30, 2008 - TAXES BECOME A LIEN DECEMBER 1, 2007 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~ ON REVERSE SIDE. 239 17 5094 1650 Shore Rd 22.1 311,084,310 2,693,85 311 Res vac land Stackler Walter G Frank Leooar~ ~ 550 W~Oid COOl, ti7 Rd Ste Hicksville NY 11801 First Half 5092 $2.928.69 12/29/06 Second Half: 5092 $2 928.70 5/17/07 LE~ Greenport School Greenpor[ Library LEVY % TAXABLE VALUE 64.43% 6,600 3.06% 6.600 12/04/07 Stackler, Walter G ASSESSED VALUE 6,600 585.868 3.90% 27. 800 3.10% 600 600 TAX AMOUNT 100% OF FULL VALUE 660,000 TOTAL TAX AMOUNT 3,866.73 183.48 Suffolk County Tax 1.88% 6,600 17.097 8.30% 112.84 Southold Town Tax NYS Real Prop TaxLaw E-W Protection FD Waste Water District Solid Waste District 0.45% 5.53% 0.00% 1.57% 6,600 6,600 6,600 6,600 4.07; 50.299 .033 141292 -57.90% 8.50% -82.20% -20,90% 26.91 331.97 0.22 94.33 OFFICE ADDRESS: OFFICE HOUlqS & PHONE 53095 ROUTE 25 - P.O. BOX 1409 MON-FEI 8:00 2MM 'FO 4:00 PM SOU'FHOLD, NY 11971-0499 631 765-1803 FAX: 631-765-5189 473889 45.-5-7.2 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2007 - NOVEMBER 30, 2008 - TAXES BECOME A LiEN DECEMBER [, 2007 IF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~. 239 ON REVERSE SIDE. 17 5095 Silvermere Rd 311,084,310 692 Road/str/hwy Stackler Walter G Frank Leonard L 550 W O d: ~ Rd':~i~r :', Hicksville, NY 11801 12/04/07 Stackler, Walter G 200 2OO First Half: 5093 $88.75 12/29/06 Second Half: 5093 $88.76 5/17/07 LEVY DEl LEVY % TAXABLE VALUE Greenpod School 64.43% 200 Greenport Library 3.06% 200 ASSESSED VALUE 200 585:868 3.90% 3.1o% TAX AMOUNT 117.17 5.56 100% OF FULL VALUE 20,000 TOTAL TAX AMOUNT Suffolk County Tax 1.88~ 200 Southold Town Tax 200 NYS Real Prop TaxLaw E-W Protection FD Waste Water District Solid Waste District O.45% 5.53% 0.01% 1.57% 2OO 2OO 2OO 200 8.30% 1.88 209~801 9.00% 23.07% 4.077 -57.90% 50.299 8.50% .033 -82.20% i4292 ~20.90% 3.42 41.96 0.82 10.06 0.01 2.86 3.42 41.96 FIRST HALF TAX 90.93 SECOND HALF TAX 90.93 DUE DEC 1, 2007 PAYABLE WITHOUT PENALTY TO JAN. ~0, 2008 DUE DEC L 2007 PAYABLE WITHOUT PENALTY TO MAY 3N 2008 SEE REVERSE SIDE FOR PENALTY SCHEDULE SiDE FOR PENALTY SCHEDULE AND COUNTY TOTAL TAX LEVY I~ 181.86 THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS OFFICE ADDRESS: 53095 ROUTE 25 P.O. BOX 1409 SOUTHOLD, NY 11971-0499 473889 47.-2-33 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2007 NOVEMBER 30, 2008 TAXES BECOME A LIEN DECEMBER 1, 2007 iF THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE ~ 239 ON REVERSE SIDE. OFFICE HOURS & PHONE MeN FRI 8:00 AM TO 4:00 PM 631-765-1803 FAX: 631-765-5189 17 5146 350 Shore Rd 0.3 311,084,310 2,693 311 Res vac land Stackler Walter G Frank Leonard 550 W Old C0U~t~ Rd Ste Hicksville, NY 11801 12/04/07 Stackler, Walter G 1,000 1,000 First Half: 5144 $443.74 12/29/06 100% OF FULL VALUE Second Half: 5144 $443.75 5/17/07 100,000 LEVY DESCRIPTION LEVY % TAXABLE VALUE TOTAL TAX AMOUNT Greenport School 64.43% Greenport Library 3.06% Suffolk County Tax Southeld Town Tax NYS Real Prop TaxLaw E-W Protection FD Waste Water District Solid Waste District 0.45% 5.53% 0.00% 1.57% 1,000 1,000 1,000 1,000 -57.90% 50.299 8.50% .033 -82.20% 4.08 50.30 0.03 14.29 17.10J 209.80 FIRST HALF TAX 454.63 SECOND HALF TAX 454.64 TOTAL TAX LEVY ~' 909.27 DUEDEC 1 2007PAYABLE WTHOUTPENALTYTOJAN ~0 2008 DUEDEC 1,2007PAYABLEWITHOUTPENALTYTOMAY31.2008 SEEREVERSE SEE REVERSE SIDE FOR PENALTY SCHEDULE SIDE FOR PENALTY SCHEDULE AND COUNTY TREASURER'S NOTICE THIS TAX MAY BE PAID IN ONE OR TWO INSTALLMENTS 473889 47.-2-34 TOWN OF SOUTHOLD CONSOLIDATED REAL PROPERTY TAX BILL DECEMBER 1, 2007 - NOVEMBER 30, 2008 TAXES BECOME A LIEN DECEMBER 1, g007 ~F THE WORD "ARREARS" IS PRINTED HERE SEE COUNTY TREASURER'S NOTICE 1 ON REVERSE SIDE. 239 OFFICE HOURS & PHONE MON-FRI 8:00 AM TO 4:00 PM 631-765-1803 FAX: 631-765-5189 17 5147 5 Shore Rd 0.33 311,084,310 311 Res vac land Frank Leonard L Frank Ors 12/04/07 200 1,200 550 W Old Country Rd Ste Hicksville, NY 11801 Frank, Leonard L ASSESSED VALUE 100% OF FULL VALUE First Half: 5145 $532.49 12/29/06 Second Half: 5145 $532.49 5/17/07 1,200 120,000 LEVY DESCRIPTION LEVY% TAXABLE VALUE TAX AMOUNT TOTAL TAX AMOUN? Greenport School 64.43% 1,200 585.868 3.90% 703.04 Greenport Library 3.06% 1,200 27.800 3.10% 33.36 Suffolk County Tax 1.88% 1,200 17,097 8.30% 20.52 Southold Town Tax 23.07% 1,200 I 209.801 9.00% 251.76 NYS Real Prop TaxLaw E-W Protection FD Waste Water District Solid Waste District 0.45% 5.53% 0.00% 1.57% 1,200 1,200 1,200 1,200 4.077 50.299 .033 14.292 -57.90% 8.50% -82.20% -20.90% 4.89 60.36 0.04 17.15 [ SECOND HALF TAX 646 56 I TOTAL TAX LEVY · 1.09t.i2 [ ECI, 2007 PAYABLE WITHOUT PENALTY TO ~AN. 10, 2008 DUE DEC 1 2007 PAYABLE WITHOUT PENALTY TO MAY 31 20~}8 SEE REVERSE THIS TAX MAY ' ' - L BUED~C~~ToYHTEOD~I'~t~'0:08 JsBlUoEED~(~. PE'4ALTY SCHEDULE AND COUNTYTR£,~SURER'S NoTERcSEE[ THIS] BE .AID IN ONE OR TW(~ ;;;~/~L"L--MENTS-I GEORGE R. SULLIVAN iTAX RECEIVER BILL NUMBER: 005732 NANE: 1ST HALF TAX $4,364.48 TOWN OF SOUTNOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 SWIS: 473889 Mid-Island Shopping Plz C 2ND F~ALF TA3~ $4,364.48 03/27/2008 10:01 TAX MAP NUMBER: 53.-1-18 LOCATION: 1653 Shore Dr PENALTY TOTAL TAX TOTAL PAYMENTS $0~00 $8,728.96 $8,728.96 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD Mid-Island Shopping 1ST HALF 12/31/2007 $2,182.24 $0.00 4009 LOCKBOX Mid-Island Shopping 1ST HALF 12/31/2007 $1,091.12 $0.00 4009 LOCKBOX Mid-Island Shopping 1ST HALF 12/31/2007 $1,091.12 $0.00 4009 LOCKBOX TOWN OF SOUTHOLD 2ND MALF 03/27/2008 $4,364.48 $0.00 138 GEORGE R. SULLIVAN TAX RECEIVER TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 03/27/2008 10:02 BILL NUMBER: NAME: 1ST HALF TAxX $3,000.58 005094 SWIS: Stackler Walter G 2ND HALF TAX $3,000.59 473889 TAiK MAP NUMBER: 45.-5-7.1 LOCATION: 1650 Shore Rd PENALTY TOTAL TAX TOTAL PAYMENTS $0100 $6,001.17 $6,001.17 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD Stackler Walter G 1ST HALF 12/31/2007 $1,500.28 $0.00 4009 LOCKBOX Stackler Walter G 1ST HALF 12/31/2007 $750.15 $0.00 4009 LOCKBOX Stackler Walter G 1ST HALF 12/31/2007 $750.15 $0.00 4009 LOCKBOX TOWN OF SOUTHOLD 2ND HALF 03/27/2008 $3,000.59 $0.00 138 iGEORGE R. SULLIVAN TAX RECEIVER TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 03/27/2008 10:03 BILL NUMBER: NAME: 1ST HALF TAX $90.93 005095 SWIS: 473889 TAX MAP NUMBER: 45.-5 7,2 Stackler Walter G LOCATION: Silvermere Rd 2ND HALF TAX PENALTY TOTAL TAX TOTAL PAYMENTS $90.93 $0.00 $181.86 $181.86 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD Stackler Walter G 1ST HALF 12/31/2007 $45.47 $0.00 4009 LOCKBOX Stackler Walter G 1ST HALF 12/31/2007 $22.73 $0.00 4009 LOCKBOX Stackler Walter G 1ST HALF 12/31/2007 $22.73 $0.00 4009 LOCKBOX TOWN OF SOUTHOLD 2ND HALF 03/27/2008 $90.93 $0.00 138 GEORGE R. SULLIVAN iTAX RECEIVER BILL NUMBER: NAME: 1ST }{ALF TA~ $454.63 005146 SWIS: 473889 Stackler Walter G 2ND H3~LF $454.64 TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 TAX HAP NI/MBER: LOCATION: PENALTY $o.oo 03/27/2008 10:04 47.-2-33 1650 Shore Rd TOTAL TAX TOTAL PAYMENTS $909.27 $909.27 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD Stackler Walter G 1ST HALF 12/31/2007 $113.66 $0.00 4009 LOCKBOX Stackler Walter G 1ST HALF 12/31/2007 $113.66 $0.00 4009 LOCKBOX Stackler Walter G 1ST H3~LF 12/31/2007 $227.31 $0.00 4009 LOCKBOX TOWN OF SOUTHOLD 2ND ~LALF 03/27/2008 $454.64 $0.00 138 GEORGE R. SULLIVAN i TAX RECEIVER TOWN OF SOUTHOLD TAX PAYMENT RECEIPT CONSOLIDATED TAX LEVY 2007/2008 03/27/2008 10:05 BILL NI/MBER: NAME: 1ST HALF TAX $545.56 005147 SWIS: Frank Leonard L 2ND HALF TAX $545.56 473889 TAX ~UtP N~3MBER: 47.-2-34 LOCATION: 2075 Shore Rd PENALTY TOTAL TAX TOTAL PAYMENTS $0.00 $1,091.12 $1,091.12 **** PAYMENT **** PAYMENT PAYOR DESC DATE TAXES PAID PENALTY PAID BATCH METHOD Frank Leonard L 1ST HALF 12/31/2007 $272.77 $0.00 4009 LOCKBOX Frank Leonard L 1ST HALF 12/31/2007 $204.59 $0.00 4009 LOCKBOX Frank Leonard L 1ST HALF 12/31/2007 $68.20 $0.00 4009 LOCKBOX TOWN OF SOUTHOLD 2ND HALF 03/27/2008 $545.56 $0.00 138 R E C O R D E D D E E D S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 8 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26314 District: 1000 Oeed Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $1,603,157.41 Received the Following Fees Page/Filing $24.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 07-26314 For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 611 Lot: 007.001 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $254.00 DEPT OF LANO Ntunber of pages TORRENS Sedal # Certilicate g Pliol Cfi. it Deed / Mortgage Inst~nJment Deed / Mortgage Tax Stamp RECORDED 2008 Ma~ 12 12:!4:04 PM Judith A. Pascale CLERK OF SUFFOLK COUHT? L D00012550 P 6!1 DT# 07-26514 Recording / Filing Stamps ,I FEES Page / Fding Fee Handling 5~ 00 Notation EA-52 17 ~County) EA 5217 (State) R,P, TS.A. Comm. of Ed 5. 00 SubTotal SubTotal Grand Total Mortgage Amt. l, Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page# Z of this in.~/t~ ~.. ~ 080t0879 zooo 04500 0500 oo'~ooz Real Properl> Agency Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Title # 5 Community Preservation Fund Consideration Amount CPF Tax Due $ ,~, O, Bog I/7cl ,5'ot.trt~AO, fly Improved Vacant Land 'J TD TD TD Title Company Information si Suffolk County Recording & Endorsement Page This page toHns part of tbe attached /~d',¢//e RP/~ oO/?l~c~ ~ made b~: (SPECIFY TYPE OF INSTRUMENT) /~'~.~MK '¢- o~F, Oc~, _ Thc premises herein is situa{ed id SUFFOLK COUNTY. NEW YORK. TO In the Township of __ {d. ~ ~ ~ ~ ,TO ~ ~z~ In the VILLAOE CONSULT YOUR LAWYER ~EFORE SIGNING THIS INSTRUIVlENT - THIS INSTRI[mENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the '-~p,~q~ day of pTtC~r~/~ , 2008 and BETWEEN Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Leonard L. Frank, Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Eleanor O. Frank, Robert W. Stackler and Walter L. Stackler, as executors and trustees u/w/o Walter G. Stackler, Robert W. Stackler and Walter L. Stackler, as executors and trustees u/w/o Ida M. Stackler, all of 358B Broadway Mall, Hicksville, New York 11801 )ar~y oftbe first part, mid Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 ~arty oftbe second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings arid improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel of land more tully described herein shall remain in its cun'ent state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural slate in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the tbregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. BEING a part of the same premises conveyed to the party of the first part by deed by GreenPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29 and Liber 10266 at Page 33. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abuttiog the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in may way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Laxv, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the pa)anent of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party ofihe first part has duly executed this deed the day and year first above written. Fran~nt~. l~ra]~k, as ~xecutor--'~and trustee u/w/o E~/~Frank ///// Franklin~ri~,a~x~cutor alia/ ~ tmste~'-~ u/w/o Leonard L. Fral~k u/w/o Leonard L. Frank Charles L. Frank, as executor and trustee uJw/o Eleanor O. Frank as executor and trustee ~ . Stackler as executorand ~ackler Walter L, Stackler, as executor and trustee u/w/oWalterG. Stackler ~alt/~ executor and trustee u/w/o Ida M. Stackler STATE OF/'~/~,, COUNTY OF ~ On the ~ day of~. in the year 2008, before me, the undersigned, personalty appeared Franklin L Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument ant acknowledged to me tbat be executed the same in bis capaci~j, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that sucl individual made such appearance before the undersigned in hel~g.~(Insert the citym other political subdivision and the state or coutltry or other place the~ BTAT, o, ¥1trtll t cou*r OF On the ~ day of~n the year 2008, before me, the undersigned, personally appeared Charles L. Frank personally ~own to me or proved to me on the b~is of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledg~ to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, aqd that sucl individual made such appe~ance before the undersigned in the~e~Bb~ ~C~(I~[ ~ o~ other political subdivisidn and the state or country or ( ~th~r place the acknowledgment wos lak~). NOTARY P~ STATE OF ~ ~] , COUNTY OF ss: ss: On tbe~ day of ~Jr in the year 2008, before me, the undersigned, personally appeared Robert W. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, tbat by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made sucb itppearance before the undersigned in tile ~.[Pt<~q~P~0 . (Insert the city or other political subdivision and the state or country or other/~.~/]pi%ce the acknnwledgment~, was ta~[~.2ABETH BUSCARINO /~-,'~/,/)/b~, _~r-j NOTARV PUBLIC STATE OF NEW YOI ~ ' I.~.t'"ug.~4/~" ~ i_n~ nlBUS028817 NOTARY PUBI41~ALIFIEO FOR NASSAU COUN'P( I~ONIM~$~IOI't EXPIRES 08/09/2001 STATE OF I~'~ ?a~K, COUNTY OF .~ ~ On th ~e~day of~(~v~'~ in tile year 2008, befor~e, the undersigned, personally appeared Waiter L. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, file individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such. atl~pearance before the undersigned in the ~p~ ~_~/t~] . (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). NOTARY PUBLIC ELIZABETH BUSCARINO NOTARY PUBLIC STATE OF N[W YORK ID# 01SU6028817 QUALIFIED FOR NASSAU COUNTY.. COMMISSION EXPIRES 08/09/2001 Bargain atld Sale Deed With Covenant Agai~t Grantor's Acts Ti~!e No. FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O LEONARD L. FRANK; FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O ELEANOR O, FRANK; ROBERT W. STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O WALTER G. STACKLER; AND ROBERT W. STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O IDA M. STACKLER TO TOWN OFSOUTHOLD DISTRICT: 1000 SECTION: 045.00 BLOCK: 05.00 LOTS: 7.001 COUNTY OR TOWN: Southold RETURN BY MAIL TO: (AMENDED 3/24/08) Lot 7.1: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, and I'he State of New York, known and designated as lots 26-74 inclusive on a certain map entitled, "Map of Greenport Shores, Section One" and filed in the Office of the Clerk of the County of Suffolk on June 29t~, 1950 as Map No. 1759 and a described piece adjacent thereof, said lots and :lescribed parcel when taken together being more particularly bounded and described as follows: BEGINNING at a point at the Northwesterly corner of Shore Drive, said point being along the arc of a crave to the left with a radius of 2,832.00 feet and a length of 569.00 feet fi-om the intersection of the Westerly side of Silvermere Road with the Northerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 140.61 feet to a point and the Northeast corner of Franklin Avenue; THENCE along the Northerly, Westerly and Southerly sides of Franklin Avenue the following three (3) courses and distances: 1. Along the arc of a curve to the left with a radius of 2,707.00 feet and a length of 646.28 feet to a point; 2. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 3. Along the arc of a curve to the right with a radius of 2,657.00 feet and a length of 607.72 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 284.61 feet to a point and the Northeasterly comer of Walter Avenue; THENCE along the Northerly, Westerly and Southerly sides of Walter Avenue the following five (5) courses and distances: t. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to a point; 2. South 42 degrees 10 minutes 44 seconds West, 321.25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 4. North 42 degrees 10 minutes 44 seconds East, 302.23 feet to a point; 5. North 83 degrees 49 minutes 54 seconds East, 104.15 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive the following three (3) courses and distances: 1. South 06 degrees 10 minutes 06 seconds East, 210.22 feet to a point; 2. South 38 degrees 09 minutes 04 seconds West, 837.30 feet to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; THENCE South 51 degrees 50 minutes 56 seconds East, 159.91 feet to the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 2. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to a point; THENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point and the apparent high water mark of Pipes Neck Creek; THENCE along the apparent high water mark the following eight (8) courses and distances: 1. North 33 degrees 59 minutes 29 seconds East, 23.43 feet to a point; 2. North 09 degrees 32 minutes 40 seconds East, 133.32 feet to a point; 3. North 24 degrees 04 minutes 16 seconds West, 96.55 feet to a point; 4. North 06 degrees 58 minutes 34 seconds West, 126.95 feet to a point; 5. North 48 degrees 59 minutes 37 seconds West, 53.25 feet to a point; 6. North 69 degrees 41 minutes 54 seconds West, 92.83 feet to a point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet to a point; 8. North 85 degrees 21 minutes 17 seconds West, 24.06 feet to a point along the Southerly side of The Long Island Railroad (M.T.A.); THENCE along the Southerly side of The Long Island Railroad (M.T.A.) the following four (4) courses and distances: I. North 42 degrees l0 minutes 44 seconds East, 254.05 feet to a point; 2. South 47 degrees 49 minutes 15 seconds East, 16.50 feet to a point; 3. North 42 degrees 10 minutes 44 seconds East, 405.26 feet to a point; 4. Along the arc ora curve to the right with a radius of 2,832.00 feet and a length of 742.00 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD JOHN P. SEPENOSKI Deputy Town Supervisor STATE OF NEW YORK ) )SS~ COUNTY OF SUFFOLK ) On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrurr~nt... Notary Public PATRICIA L. FALLON Notary Public, St~,t¢, Of New York No, 01FA,.3~0146 ©u~h~:d In $.~! o',: County Commission Expires April 24, ~// SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 7 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26315 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $320,477.59 Received the Following Fees Page/Filing $21.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 07-26315 THIS For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 612 Lot: 007.001 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $251.00 DEPT OF LAND PRESERVATION Number of pages This document will be public record, Please remove all Social Security Numbers pdor to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp ] Recording / Filing Stamps 3 J FEES Handling 5, O0 Sub Total -- 08010881 ~ooo oa5oo osoo oo7oo~ 4 (~ ~o7,~o Tax ~EM^~~ Mortgage Amt. 1, Basic Tax 2. Additional Tax SubTotal Spec./Assit or Spec/Add, TOT. MTG. TAX Dual Town -- Dual County Held for Appointment __ Transfer Tax ~-' Mansion Tax The property covered by this mortgage is or will be hnproved by a one or two family dwelling only. YES ___ or NO If NO, see appropriate tax clause on Community Preserva on Fund Consideration amount Ar CPF Tax Due Improved__ 6 Satisfactlons/Disd~arges/Release$ List Prope[tyOwners Marling Address RECORD & RETURN TO: Vacant Land ~j ~../.~/~j //2_ /~) ,~(~JC / TD Mail to: Judith A. Pascale, Suffolk County Clerk ttj7,J. Title Company Information 31o Center Drive, Rlverhead, NY 11D01 Co. Name ~~ ~/~ Suffolk County Recording & Endorsement Page This page forms part of the a~tached ~ ~ made by: TO (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of ~ ~)/-~/'*~ 7~ ~-/~ In the VILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN gLACK INK ONLY PRIOR TO RECORDING OR FILING. [oveY) Form 8002 (3/00) Bargain and Sale Deed, with £ovenants against Grantods A~ts Individual or Co~poration {Single sheet) CONSULT YOUR LAWYER BEFORE SIGNING THI$1NSTRUMENT THIS INSTRt[MENT SHOULD BE tlSED BY LAWYER.q ONLY. THIS INDENTURE, made the 26~/~ day of March, 2008 m~d BETWEEN Lenore F. Hardy, as executor and trustee u/w/o Leonard L. Frank, and Lenore F. Hardy, as executor and trustee u/w/o Eleanor O. Frank with an address o1358B Broadway Mall, Hicksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the patty of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature aud open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. BEING a part of the same premises conveyed to the party of the first part by deed by GreenPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29 and Liber 10266 at Page 33. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines 1hereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said ~reinises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second ~art, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense oft}lis indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Lenore F. HardyT~.s' ex~cu'to/and trustee u/w/o Leonard L. Frank Lenore F. Hardy, as executo~and trustee u/w/o Eleanor O. Frank STATE OF NEW YORK ) ) SS.: COUNTY OF ./k'C~..h:>~-k.,k_A,~ ) On the t ltVlday of March in the year 2008, before me, the undersigned, personally appeared Lenore F. Hardy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Bargain and Sale Deed With Covenant Against Grantor's Acts Tide No. <d"i'~,qk LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O LEONARD L. FRANK AND LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O ELEANOR O. FRANK TO DISTRICT: 1000 SECTION: 045.00 BLOCK: 05.00 LOTS: 7.001 COUNTY OR TOWN: Southold RETURN BY MAIL TO: TOWN OF SOUTHOLD [AMENDED 3/24/08) Lot 7.1: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, and l'he State of New York, known and designated as lots 26-74 inclusive on a certain map entitled, · 'Map of Greenport Shores, Section One" and filed in the Office of the Clerk of the County of Suffolk on June 29*, 1950 as Map No. 1759 and a described piece adjacent thereof, said lots and :lescribed parcel when taken together being more particularly bounded and described as follows: BEGINNING at a point at the Northwesterly corner of Shore Drive, said point being along the arc of a curve to the left with a radius of 2,832.00 feet and a length of 569.00 feet from the intersection of the Westerly side of Silvermere Road with the Northerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 140.61 feet to a point and the Northeast corner of Franklin Avenue; THENCE along the Northerly, Westerly and Southerly sides of Franklin Avenue the following three (3) courses and distances: 1. Along the arc of a curve to the left with a radius of 2,707.00 feet and a length of 646.28 feet to a point; 2. South 47 degrees 49 minutes I6 seconds East, 50.00 feet to a point; 3. Along the arc of a curve to the fight with a radius of 2,657.00 feet and a length of 607.72 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 284.61 feet to a point and the Northeasterly corner of Walter Avenue; THENCE along the Northerly, Westerly and Southerly sides of Walter Avenue the following five (5) courses and distances: I. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to a point; 2. South 42 degrees 10 minutes 44 seconds West, 321.25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 4. North 42 degrees 10 minutes 44 seconds East, 302.23 feet to a point; 5. North 83 degrees 49 minutes 54 seconds East, 104.15 feet to a point along the Westerly side of Shore D ve; THENCE along the Westerly side of Shore Drive the following three (3) courses and distances: 1. South 06 degrees 10 minutes 06 seconds East, 210.22 feet to a point; 2. South 38 degrees 09 minutes 04 seconds West, 837.30 feet to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; THENCE South 51 degrees 50 minutes 56 seconds East, 159.91 feet to the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 2. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to a point; THENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point and the apparent high water mark of Pipes Neck Creek; THENCE along the apparent high water mark the following eight (8) courses and distances: I. North 33 degrees 59 minutes 29 seconds East, 23.43 feet to a point; 2. North 09 degrees 32 minutes 40 seconds East, 133.32 feet to a point; 3. North 24 degrees 04 minutes 16 seconds West, 96.55 feet to a point; 4. North 06 degrees 58 minutes 34 seconds West, 126.95 feet to a point; 5. North 48 degrees 59 minutes 37 seconds West, 53.25 feet to a point; 6. North 69 degrees 41 minutes 54 seconds West, 92.83 feet to a point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet to a point; 8. North 85 degrees 21 minutes 17 seconds West, 24.06 feet to a point along the Southerly side of The Long Island Railroad (M.T.A.); THENCE along the Southerly side of The Long Island Railroad (M.T.A.) the following four (4) courses and distances: 1. North 42 degrees 10 minutes 44 seconds East, 254.05 feet to a point; 2. South 47 degrees 49 minutes 15 seconds East, 16.50 feet to a point; 3. North 42 degrees 10 minutes 44 seconds East, 405.26 feet to a point; 4. Along the arc of a curve to the right with a radius of 2,832.00 feet and a length of 742.00 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: TOWN OF SOUTHOLD JOI~N P. SEPENOSKI Deputy Town Supervisor On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instru ~r1~ Notary Public PATRICIA L, FALLON Notary Public, State Of New York No. 01FA~,DS0146 Ouali!ied In Suffolk Country Commission Expires /',pr[I 24, ,.~,// SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 7 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26316 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $108,791.04 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 Cert. Copies Transfer tax TRANSFER TAX NUMBER: $21 $5 $5 $5 $o oo $o oo 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Notation NO RPT NO Comm. Pres Fees Paid 07-26316 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 613 Lot: 007.002 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $251.oo 14umber of pages TORRENS Serial # Certificate # Plior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RERORDED 2008 Maw i2 i2:14:04 CLERK OF ~JFFOLK COUNT? L [!00U~2550 F' 613 Recording / Filing S¢.mps 31 Page / Filing Fee Handling $. 00 TP-584 Notation EA-52 17 (County) EA-5217 (State) R.ET.S.A Conun. ot Ed. 5. 00 Affidavit Certified Copy NYS Smcharge 15. 00 Other FEES Real Property Tax Service Agency Verification Sub Tutal C~/6 i I 08010882 zooo 0,~500 0500 007002 I SatisfactionsfDischarges/Releases List Property Owners Mailing Address 6 I RECORD & RETURN TO: 5 Mortgage Amt. I. Basic Tax 2 Additional Tax Sub Total S'pec./Assit. or Spec./Add. TOT MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax ~ Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. ~'"~ YES or NO If NO, see appropriate tax clause on page #__ of thi~_~7~t/~?Ot> / t Community Preservation Fund Consideration Amount CPF Tax Due $ hnproved Vacant Land TD TD TD 7 I Title Company hfformation Co.N~m~ Smw~,<~ 77r~-/~-,& rte# Suffolk County Recording & Endorsement Page Thispagc formspa[toflheattached /~&d~/~ ~6 ~- ~ madeb3: (SPECIFY TYPE OF INSTRUMENT) The premises herePl is situaied ill SUFFOLK COUNTY, NEW YORK. ~t4! ~ o ~.. ~-0 ct 7~,~Kd~ In the VILLAGE Tills INDENTURE, made the 26th day of March , 2008 and BETWEEN Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Leonard L. Frank, Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Eleanor O. Frank, Robert W. Staekler and Walter L. Stackler, as executors and trustees u/w/o Walter G. Stackler, Robert W. Stackler and Walter L. Stackler, as executors and trustees u/w/o Ida M. Stackler, all of 358B Broadway Mall, Hicksville, New York 11801 ~arty of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 / of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by ire party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space except for that improved portion of Shore Drive, more particularly bounded and described on Schedule "B", which shall be an access driveway to open space lands sul~iect to the rights of others over said access driveway. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the rise of the open space areas for passive recreation purposes. BEING a part of the same premises conveyed to thc party of the first part by deed by GreemPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29 and Liber 10266 at Page 33. TOGETHER with all right, title and interest, if any, of thc party of the first part, in and to any ~nd roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said TO HAVE AND TO HOLD the premises herein granted unto the party of the second the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideratioo for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it rcad "parties" whenever the sense of this indeoture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Franklib/~t:,'~r&n~, as executor and trustee Franklin Ll~r~n.k, as executor ~e Charles L. Fr~, as executor ~d trustee Ww/o Leonard L. Fra~ Ch~e~~ u/w/o Ele~or O. Frank as executor and trustee Stackler Ctackler, as executor and Stackler Walter L Stackler, as executor and (/Ww/o Walter G. Stackler Walter ~xecutor and trustee u/w/o Ida M. Stackler STATE OF,V~,/lt~'COUNTY OF On the ~o'~day of//M~c,~./ in the year 2008, before me, the undersigned, personally appeared Franklin L. Frank, personally known [o me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the,.57*,~',~k' ~z~,~/. (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken). NOTARY PUBLIC f ,., qv~J( ,(prSS.~tl ss: STATE OF ~6"' ~ , COUNTy OF r. ss: On thea~day of ~/'in the year 2008, before me, the undersigned, personally appeared Robert W. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is snbscribed to the within instrument and acknowledged to ine that he executed the same in his capaci~j, thai by bis signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such3~ppearance before the undersigned in the ~'x4~t~ . (Insert the city or other political subdivision and tbe state or country or other place the acknowledgment was taken). ~---------' .,~ . ELIZABETH BUSCARINO ~' '[;./~'~/0 ~/j2-.,.4,.c4~3~ARY PUBLIC STATE OE NEW YORK PATRICIA L. FALLON ~,~r~'~^r~v m,m ,~- ;D~: 0~BU6028817 Notary Public, State Of New York ........ ~FIED FOR NASSAU COUN~ No. 01FA4~50146 COMMISSION EXPIRES 0~09~0~ Q a . ~d In Suffo;k County , the undersigned, personally appeared Charles L. Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such the undersigned, personally appeared Walter L. Stackler, personally known to me or proved to me on the basis of salisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in bis capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that snch individual made such appearance before thc ,3. ,^ i6.L~ individnal made such appearance before the nndersignedinthe~'0J~lns~r~[h~cl*t~or undersigned in the ~kl~/~t~ . (Iilsert the city or oth~ political subdivision and the state/or country or other political subdivision and the state or country or tGkheflplaee ttt¢ acknowledgment was ta~xen), t~ other place theAckno~v edgment was aken) NOTARY PUBLJ~2/ ~ NOTARY PUBLIC ~ ELIZABETH BUSCARINO ~- ~ ~'l NOTARY PUBLIC STATE OF NEW YORK V~ QUALIFIED FOR NASSAU COUNTY,.. ~r ~ ~ CHRISTINA MARIE JACKSON ~ COMMISSION EXPIRES 08/09/200'I Bargain and Sale Deed Wi~ Covenant Against Grantor's Acts FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O LEONARD L. FRANK; FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O ELEANOR O. FRANK; ROBERT W, STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O WALTER G. STACKLER; AND ROBERT W. STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O IDA M. STACKLER DISTRICT: 1000 SECTION: 045.00 BLOCK: 05.00 LOTS: 7.02 COUNt'/OR TOWN: Southold RETURN BY MAIL TO: TO TOWN OFSOUTHOLD (AMENDED 3/24/08) Lot 7.2 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the Northerly side of Shore Drive with the Westerly side of Silvermere Road; THENCE along the Westerly side of Sitvermere Road South 02 degrees 02 minutes 10 seconds West, 53.47 feet to a point; THENCE along the arc of a curve to the left with a radius of 2,782.00 feet and a length of 506.58 feet to a point; THENCE South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West, 700.00 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West 150.00 feet; THENCE South 20 degrees 44 minutes 04 seconds West 50.00 feet; THENCE North 51 degrees 50 minutes 56 seconds West, 52.40 feet; THENCE North 20 degrees 44 minutes 04 seconds East, 41.97 feet; North 38 degrees 09 minutes 04 seconds East 837.30 feet to the West side of Shore Drive; THENCE North 06 degrees 10 minutes 06 seconds West along the West side of Shore Drive 210.22 feet to the south side of Walter Avenue; THENCE along the Southerly, Westerly and Northerly side of Walter Avenue; 1. South 83 degrees 49 minutes 54 seconds West 104.15 feet; 2. South 42 degrees 10 minutes 44 seconds West 302.23 feet; 3. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 4. North 42 degrees 10 minutes 44 seconds East 321.25 feet; 5. North 83 degrees 49 minutes 54 seconds East 123.16 feet to the West side of Shore Drive; THENCE along the Westerly side of Shore Drive North 06 degrees 10 minutes 06 seconds West 284.61 feet to the South side of Franklin Avenue; THENCE along the Southerly, Westerly and Northerly sides of Franklin Avenue; 1. Westerly along an arc of curve which bears to the left having a radius of 2,657.00 feet a distance of 607.72 feet; 2. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 3. Easterly along an arc of a curve which bears to the fight having a radius of 2,707.00 feet a distance of 646.28 feet to the Westerly side of Shore Drive; THENCE along the Westerly and Northerly side of Shore Drive; 1. North 06 degrees 10 minutes 06 seconds West 140.61 feet; 2. Easterly along an arc of curve which bears to the right having a radius of 2832.00 feet a distance of 569.00 feet to the point or place of BEGINNING. Being and intending to be Shore Drive and an adjacent parcel, Waiter Avenue and Franklin Avenue as shown on Map of Greenport Shores, Section One and filed in the Office of the Clerk of the County of Suffolk on June 29~', 1950 as Map No. 1759 and not abandoned of record and subject to rights of others over said roads. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southoid OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. TOWN OF SOUTHOLD Deputy Town Supervisor STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK ) On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrur~nt. Notary Public PATR!CI& L. FALLON NotaW P~blic, St~,!e (.',~ ,::~w York SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26317 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 045.00 05.00 EXAMINED AND CHARGED AS FOLLOWS $21,747.96 Received the Following Fees For Above Exempt Instrument Page/Filing $18.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Conun. Pres Fees Paid TRANSFER TAX NUMBER: 07-26317 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 614 Lot: 007.002 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $248.00 JUN -3 2008 P~;ESEC:',~ Number of paBes This document will be public lecord. Please removeall ' Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp I Recording / Filing Stamps FEES 31 Handling 5, O0 EA 52 17 (County) _,~ Sub Total NYS Surcharge 1S. O0 SubTotal Other ~ 080~0883 *ooo 04500 o~oo oo~oo2 6 8 5atbfactlons/Oischarges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Mall to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.s u ffoikcou n t yny.gov/cler k Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal SpecJAssit. or Spec./Add, TOT. MTG, TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortga§e is or will be Improved by a one or two family dwelling only. YES _-- or NO If NO, see appropriate tax clause on page # of this Instrument. Community Preservation Fund Consideration Amount CPF Tax Due $ Improved__ Vacantkand TD lO 7 ] Title Company Information co. Name ~7-~--~,~Z T ~72~'f~ Suffolk County Recording & Endorsement Page This page forms part of tile attached by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. Form 8002 (3/00) Bargain m~d Sale Deed, with Covenants against Granlor's Acts, Individual or Corporation. (Single sheet CONSULT ¥OIIR LAWYER BEFORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 26th day of March, 2008 and BETWEEN Lenore F. Hardy, as executors and trustees u/w/o Leonard L Frank, and Lenore F. Hardy, as executors and trustees u/w/o Eleanor O. Frank, with an address of 358B Broadway Mall, Hicksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, *~LL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space except for that improved portion of Shore Drive, more particularly bounded and described on Schedu e "B", which shall be ma access driveway to open space lands subject to the rights of others over said access driveway. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain iii its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. BEING a part of the same premises conveyed to the party of the first part by deed by GreenPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29 and Liber 10266 at Page 33. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said prenfises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Lenore F. Hardy, as exect{for and trustee u/w/o Leonard L. Frank Lenore F. Hardy, as execu/or and trustee u/w/o Eleanor O. Frank STATE OF NEW YORK ) ) SS.: COUNTY OF ~¥~q ~-:~o,~,~ ) On thei'itVnday of March in the year 2008, before me, the undersigned, personally appeared Lenore F. Hardy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Bargain and Sale Deed Title No LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O LEONARD L. FRANK AND LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O ELEANOR O. FRANK TO TOWN OF SOUTHOLD DISTRICT: 1000 SECTION: 045.00 BLOCK: 05.00 LOTS: 7.02 COUNTY OR TOWN: Southold RETURN BY MAIL TO: (AMENDED 3/24/08) Lot 7.2 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the Northerly side of Shore Drive with the Westerly side of Silvermere Road; THENCE along the Westerly side of Silvermere Road South 02 degrees 02 minutes 10 seconds West, 53.47 feet to a point; THENCE along the arc of a curve to the left with a radius of 2,782.00 feet and a length of 506.58 feet to a point; THENCE South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West, 700.00 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West 150.00 feet; THENCE South 20 degrees 44 minutes 04 seconds West 50.00 feet; THENCE North 51 degrees 50 minutes 56 seconds West, 52.40 feet; THENCE North 20 degrees 44 minutes 04 seconds East, 41.97 feet; North 38 degrees 09 minutes 04 seconds East 837.30 feet to the West side of Shore Drive; THENCE North 06 degrees 10 minutes 06 seconds West along the West side of Shore Drive 210.22 feet to the south side of Walter Avenue; THENCE along the Southerly, Westerly and Northerly side of Walter Avenue; 1. South 83 degrees 49 minutes 54 seconds West 104.15 feet; 2. South 42 degrees 10 minutes 44 seconds West 302.23 feet; 3. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 4. North 42 degrees 10 minutes 44 seconds East 321.25 feet; 5. North 83 degrees 49 minutes 54 seconds East 123.16 feet to the West side of Shore Drive; TItENCE along the Westerly side of Shore Drive North 06 degrees 10 minutes 06 seconds West 284.61 feet to the South side of Franklin Avenue; THENCE along the Southerly, Westerly and Northerly sides of Franklin Avenue; 1. Westerly along an arc of curve which bears to the left having a radius of 2,657.00 feet a distance of 607.72 feet; 2. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 3. Easterly along an arc of a curve which bears to the right having a radius of 2,707.00 feet a distance of 646.28 feet to the Westerly side of Shore Drive; TItENCE along the Westerly and Northerly side of Shore Drive; 1. North 06 degrees 10 minutes 06 seconds West 140.61 feet; 2. Easterly along an arc of curve which bears to the right having a radius of 2832.00 feet a distance of 569.00 feet to the point or place of BEGINNING. Being and intending to be Shore Drive and an adjacent parcel, Walter Avenue and Franklin Avenue as shown on Map of Greenport Shores, Section One and filed in the Office of the Clerk of the County of Suffolk on June 29~h, 1950 as Map No. 1759 and not abandoned of record and subject to rights of others over said roads. TOGETItER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: TOWN OF SOUTHOLD DePuty Town Supervisor On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public PATRtCIA L. FALLON Notary Public, State C"¢ h]3w York Commission Expires /'.p~il 24, ¢t,¢//' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 6 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26318 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 047.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $604,215.00 Received the Following Fees Page/Filing $18.00 COE $5.OO EA-CTY $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 07-26318 THIS PAGE For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 615 Lot: 033.000 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $248.00 UN - 3 2008 ?gESER/ATiON Number of pages TORRENS Sedal # ~e~tificate # Pdot Ctf # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp 3 I FEES Page / Filing Fee Handling 5, 00 ['P 584 EA-52 17 (Count},)5' Sub Total EA ,: gtate, [ Corem of Ed 5. 00 Certified Cop}' NYS Surcharge 15. 00 Sub Total Real Property Tax Service Agency Velification 080i0910 looo 04700 0200 033000 Satisfactions/Discharges/Releases List Property Owners Mailing Add~ess RECORD & RETURN TO: Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add TOT. MTG. TAX Dual Town __ Dual Count} ____ Held for Appointment Transfer Tax __ Mansion Tax 'The property coveted by this mot(gage or ;','ill be improved by a one o~ two family dwelling only. YES--. or NO If NO, see appropriate tax clause on Community' Preservation Fund Consideration Amount CPF Tax Due $ [illproved VacaDt Land TD TD //q71- oq,_o] Suffolk County Recording & Endorsement Page This page fo(ms part of the attached /~.~'~'~A'/A/ ~,/gb ffO~- ~ . made by: (SPECIFY TYPE OF INSTRUMENT) ~K ( ~'~&L~ ~ The promises hmein is situaled itl SUFFOLK COL/NTS~ NEW YORK. Title Company Information 57---:- ?/;o~ TO In the Township of ,ff(J &/'7-//wz~ ~q~W or-,~'8~'7x~zz, ln the VILLAGE or HAMLET of ~'~:~,,.,'P~,.,~-r- BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. THIS INDENTURE, made the 26"' day of March ,2008 IETYVEEN Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Leonard L. Frank, Fra~;klin L. Frank and Charles L. Frank, as executors and trustees u/w/o Eleanor O. Frank, Robert W. Stackler and Walter L. Staclder, as executors and trustees u/w/o Walter G. Staclder, Robert W. Staclder and Walter L. Stackler, as executors and trustees u/w/o Ida M. Staclder, all of 358B Broadway Mall, Hicksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation BEING a part of the same premises conveyed to the party of the first part by deed by GreenPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29 and Liber 10266 at Page 33. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said >remises; TO HAVE AND TO HOLD the premises heroin granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered . anything whereby thc said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveym~ce and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the pa~nent of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "pm'ties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part b. as duly executed this deed the day and year first above written. Franklin""~. ~.z~nk, as exectftor anXdftmstee Fra~li~ ~ as executor and tr~ - ~stee ~w/o Leon~d L. Frank Charles L. Frank, as executor and trustee u/w/o Leonard L. Frank Charles L. Fr~, hs e~ecutoi ~d trustee ~w/o Eleanor O. Fr~k Ro~b%~~ W.5~ta~kler, as executor and trustee ~/o Walt~r G. Stackler Rffb"~"rt W. ~ckler, as executor and t~M. Stackler Walter L. Stackler, as executor and trustee u/w/o Walter G. Stackler Walter L. Stackler, as executor and trustee u/w/o Ida M. Stackler STATE Ole/'~l~, COUNTY OF~ On the ~ day o~- in the year 2008, before me~ the undersigned, personally appeared Franklin L. Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed tbe same in his capacity, tbat by his signature on the instrument, the individual, or the person upon behalf of whicb the individual acted, executed the instrument, and that such individual made suc~ppearance before the otber political subdivision and the state or country or STATE OF On tbe~'d~ay of ~V]l~0J~in the year 2008, before me, the undersigned, personally appeared Robert W. Stackler, personally known to me or proved to me on the basis of satisthctory 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, that by his signature on the instrument, fl~e individual, or the person upon behalf of which the individual acted, executed the instrument, m~d that such individual made sucl3t aipp~__pearance before the undersigned in the I'~ ~t~ . (Insert tile city or other political subdivision and the state or country or other place tbe ac~~s taken)., other pta.~t.t.t.t.t.t.t.~he/~cknowledgment was taken). , ~-~ /,/~. ~., r- .~, ELIZABETH BUSCAR ~&?~ R~ERTJ V~U~ [ ~ ' f ~~Y PUBLIC STATE OF [1E~ ~ KOT~L~ES:N0~em~ ~ ~ 0 I NOTARY PUBLIC I~ 01BU6028817 '~ ~' ~'~"~' COMMISSION EXPIRES 0~09~ ~-:-~ [] QUAL F ED FOR NASSAU CO~t~ STATE OF V~O~Y OF N~0~ STA~ OF ~ ,CO~Y OF On the~day of~/~in the year 2008~ before me, On the~ay of ~ in tbe year 2008, before me, the undersigned, personally appeared Charles L. Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed 1o the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the the undersigned, personally appeared Walter L. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual wbose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, tlmt by bis signature on the instrument, tbe individual, or the person upon behalf of which the individual acted, executed the instrument, and that such. individual acted, executed the instrument, and that such individual made such appearance before the· t .,~a ~,/x t0..Lndividual made such appearance before the undersigned in the ~)j~[~O/~se~tXt~¥c~½ %[t undersigned in tile ID/k~S t~ . (Inse~ the city or other political subdivision and the state or country or other political subdivision and the s~te or country or ~ place th~ ~cknowledgment was taket~ otber place th~ acknowledgment w~ token). 0 RY PUBLIC 0 - NOTARY PUBLIC ~'~TARY PUBLIC STATE OF NEW YORK ~ [~ ~ ~TI~RIE~ ID~ 01BU8028817 ~D ~ r14~ COMMISSION EXPIRES 0810g/20~ Tklo No. Bargain and Sale Deed With Covenant Against Grantor's Acts FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O LEONARD L. FRANK; FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O ELEANOR O. FRANK; ROBERT W. STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O WALTER G. STACKLER; AND ROBERT W. STACKLER AND WALTER L. STACKLER, AS EXECUTORS AND TRUSTEES U/W/O 1DA M. STACKLER DISTRICT: 1000 SECTION: 047.00 BLOCK: 02.00 LOTS: 033.000 COUNTY ORTOWN: Southold RETURN BY MAIL TO: TO TOWN OF SOUTHOLD ! / (AMENDED 3/24/08) Lot 33: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Shorn Drive Extension, said point being the following three (3) courses and distances fi.om the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the are of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 700.00 feet to the true point of beginning; THENCE South 51 degrees 50 minutes 56 seconds East, 108.50 feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 56 degrees 37 minutes 53 seconds West, 54.02 feet to a point; 2. South 38 degrees 28 minutes 02 seconds West, 48,77 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 91.11 feet to a point along the Southerly side of Shorn Drive Extension; THENCE along the Southerly side of Shore Drive Extension North 38 degrees 09 minutes 04 seconds East, 100.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. RIDER TO DEED BETVVEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: TOWN OF SOUTHOLD JOH~I P. SEPENOSK( Deputy Town Supervisor On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrurrAent. Notary Public PAT,,~L, IA L. FALLON SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26319 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 047.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $120,785.00 Received the Following Fees For Above Instrument Exempt Page/Filing COE EA-CTY TP-584 Cert. Copies Transfer tax TRANSFER TAX NUMBER: $15 $5 $5 $5 $0 00 $0 oo 00 NO Handling 00 NO NYS SRCHG 00 NO EA-STATE 00 NO Notation NO RPT NO Comm. Pres Fees Paid 07-26319 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 616 Lot: 033. 000 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $245.00 IL !,~ -3 2008 Number of pages ~'~ This document will be public record. Please remove all Social Security Numbers prior to recording. 200L:' Hau I? 1z:!4:04 PH Deed / Mortgage Instrument Deed / Mortgage Tax Slamp [ Reco[dlng / Filing Stamps 3 I FEES Handling 5. 00 Comm, of Ed. 5. O0 Affidavit Certified Copy NYS Surci~arge 15, O0 SubTotal Other Grand Tote, I I ...... IBIock no.~o I ~33'00 4 Dist. I~)00 .... Lot RealPropefty ~1 lO00 04700 0200 033000 Agency VerlRcation RECORD & RETURN TO: Mail to; Judith A, Pascale, Suffolk County Clerk 310 Center Drive, Rlverhead, NY 11901 www.suffolkcountyny.gov/clerk 5 Mortgage Amt. l. Bas c Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Mansion Tax or will be Bnproved by a one or two family dwelling only. YES or NO Consideration Amount CPF Tax Due $ Improved.__ Vacant Land ~'/ TD 70 TD ~itll Title Company Information co. Na,~ # Suffolk County Recording & Endorsement Page This page forms part of the attached by: TO (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET o f made BOXES 6 THRU a MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, Ioverl Fm~a 8002 (3/00) Bargain and Sale Deed, w~th Covenants against Gr'antor's A~ts - Individual or Corporation. (Single sheet) CONSULT YOUR LAWYER BE'FORE SIGNING THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. THIS INDENTURE, made the 26th day of March, 2008 and BETWEEN Lenore F. Hardy, as executor and trustee u/w/o Leonard L Frank, and Lenore F. Hardy, as executor and trustee u/w/o Eleanor O. Frank, with an address at 358B Broadway Mall, Hicksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration often dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the SEE SCHEDULE A ATTACHED HERETO Whereas, said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity, excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. BEING a part of the same premises conveyed to the party of the first part by deed by GreenPort Shores, Inc., dated January 5, 1987, and recorded March 9, 1987 in Liber 10266 at Page 29. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Lenore F. Hardy, as ~xecu~r and trustee u/w/o Leonard L. Frank Lenore F. Hardy, as execut°~'and trustee u/w/o Eleanor O. Frank STATE OF NEW YORK ) ) SS.: COUNTY OF ,3~rc,~ox_ ) On the I"l*~ day of March in the year 2008, before me, the undersigned, personally appeared Lenore F. Hardy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (lSl/ot a-r y Title No. Bargain and Sale Deed With Covenant Against Grantor's Acts LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O LEONARD L. FRANK LENORE F. HARDY, AS EXECUTOR AND TRUSTEE U/W/O ELEANOR O. FRANK TO DISTRICT: 1000 SECTION: 047.00 BLOCK: 02.00 LOTS: 033.000 COUNTY OR TOWN: Southold TOWN OF SOUTHOLD RETURN BY MAIL TO: (AMENDED 3/24/08) Lot 33: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of $outhold, County of SulTolk and The State o£New York, more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Shore Drive Extension, said point being the following three (3) courses and distances from the intersection o£the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc ora curve to thc le~ having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 700.00 feet to the true point ofbeg~ming; THENCE South 51 degrees 50 minutes 56 seconds East, 108.50 feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the £oIlowing two (2) courses and distances: 1. South 56 degrees 37 minutes 53 seconds West, 54.02 feet to a point; 2. South 38 degrees 28 minutes 02 seconds West, 48.77 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 91.11 feet to a point along the Soutlaerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension North 38 degrees 09 minutes 04 seconds East, 100.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. RIDER TO DEED BETWEEN ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; WALTER L. STACKLER and ROBERT W. STACKLER, as ancillary executors under LW&T of IDA M. STACKLER; and FRANKLIN F. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors of the LW&T of ELEANOR O. FRANK to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: TOWN OF SOUTHOLD JOH~I P. SEPENOSKI' Deputy Town Supervisor On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrurr~nt. ~- Notary Public P,&TRiC/~, L. FALt_ON SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26320 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 047.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $664,607.50 Received the Following Fees For Above Instrument Exempt Page/Filing $15.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-26320 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 617 Lot: 034.000 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $245.00 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED CLERK OF S~FFOLK COUNT? L 000012550 bT~ 07-26320 Recording / Filing Stamps Page / Filing Fee 11andling 5, 00 TP-584 Notatioll EA-5217 (State) __~]~ R.P.T S.A. Colnm. of Ed, 5, 00 Certified Cop.',' NYS Surcharge 15. 00 Sub Total (x~ (~'""- Grand Total __ Real Property Tax Service Agency Verification 08010912 3_ooo 04'700 0200 034000 [ Satisfactions/Discharges/Releases List Property Owners Mailing Address 6 RECORD & RETURN TO: Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment __ Transfer Tax ~ Mansion Tax The property covered by this mmtgage is or will be improved by a one o~ two family dwelling only. YES or NO If NO, see appropriate tax clause on page #__ of this inst~menl. {)<i Community Preservation Fund Consideration Amount $ (ff(Oy, Due CPP' Trax Improved Vacant Land TD TD c I Title Company Information o. Name .~TWx/,O.~7' 7~ rz~ /,cs,&. Ttle# ~'T-- 5 - '~/do~ Suffolk County Recording & Endorsement Page This page forms part of the attached /~.,¢~d.q,'x.' 4Ar~ ,5~.,qg~-- g~ made by: (SPECIFY TYPE OF INSTRUMENT) __ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. TO In the Township of _ ~dL/~',,Mg-z~ '7'~ql z/ fl .r- ,~0 ~ ~z~ In the VILLAGE or HAMLET of ~.e ~ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. THIS INDENTURE, made the 26th day of March ,2008 and BETWEEN Franklin L. Frank and Charles L. Frank, as executors and trustees u/w/o Leonard L. Frank, Robert W. Stackler and Walter L. Stackler, as executors and trustees u/w/o Walter G. Stackler, Robert W. Stackler and Franklin L. Frank, all of 358B Broadway Mall, Hicksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the See Schedule A Attached WhereasI said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel pf land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity~ excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation purposes. BEING the same premises conveyed to the party of the first part by deed by Christopher C. Knoller and Virginia I. Knoller, his wife,, dated January 3, 1969, and recorded January 15, 1969 in Liber 6489 at Page 478. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD tbe premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Frankli~., ~.,~ ~ Franklin~l~. Xi~ank, ~s ~xecutor an~l trustee u/w/o Leonard L. Frank Charles L. Franl~, a~ execi~tor and trustee u/w/o Leonard L. Frank l~e~t ~Stackler, as executor aud trustee u/w/o Walter G. Stackler ¢falter L. Stackler, as executor and trustee u/¢¢0 Walter G. Stackler RoiS'~r t W.'SJ~c~ler STATE OF/~, COUNTY .On the~[_ day o fill~ in the year 2008, before me, the undersigned, personally appeared Franklin L. Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such STATE OF Ixt , COUNTY OF On the ~y of ~4t~in the year 2008, before me, the undersigned, personally appeared Rober~ W. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made suclkappearance before the individual made such ap~p~arance before the undersigned in thet~6fZ.n~l~ ~ (Insert the city or undersigned in the ~>~:~. (Insert the city or other political subdivision and the state or country or other political subdivision and the state or country or other place the ackno.wl~ed~m.~w~_~agen), other place the acknowledgment was taken). · NOT~.RY PUBLIC STATE OF NEW YC ~O~R"t~P:I~L"I%~"~-~- NOTARY PUBLIC ID# 01BU6028817 i 'i, ReBERTJ VN~UEW ]~ QUALIFIED FOR NASSAU COUNT~ ; ' _EXC~S. No.~e~_~_~t~:~L~' II COMMISSION EXPIRES 08/09/200 STATE oFV'~[~i~COUNTY OF ~I,~STATE % J'~'~'~ , COUNTY OF On the ~day of ~J~(k }~the year 2008, before me, On the~day of~ in the year 2008, before me, the undersigned, personally appeared Charles L. Frank, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such avvearance befBre 0m~ I trl.[~ undersigned in the ~]~[h~ NP.)~(lns~r~ tl~ [[t~ ~r other political subdivisio~ and the state or country or NO;~ARY P,U.~B.~ Bargain all~ With Covenant aken). CHRISTINA MARIE ,.~CKSON Title No, FRANKLIN L. FRANK AND CHARLES L. FRANK AS EXECUTORS AND TRUSTEES U/W/O LEONARD L. FRANK; ROBERT W. STACKLER AND WALTER b STACKLER, AS EXECUTORS AND TRUSTEES U/W/O WALTER G. STACKLER; ROBERT W. STACKLER AND WALTER b STACKLER the undersigned, personally appeared Walter L. Stackler, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such at~pearance before the undersigned in the }'J ~l.) . (Insert the cty or other political subdivision and the state or country or other place the acknowledgment was taken). NOTARY PUBLIC ELIZABETH BUSCARINO NOTARY PUBLIC STATE OF NEW YORK ID# 01BU6028817 QUALIFIED FOR NASSAU COUNTY COMMISSION EXPIRES 08/09/200~J DISTRICT: 1000 SECTION: 47 BLOCK: 2 LOT: 34 COUNTY OR TOWN: Southold RETURN BY MAlL TO: TO TOWN OF SOUTHOLD (AMENDED 3/24/08) As to Lot 34: ALL that certain plot, piece Or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the Southerly side of Shore Drive Extension said point being the following three (3) courses and distances fi.om the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 800.00 feet to the true point of BEGINNING; THENCE South 51 degrees 50 minutes 56 seconds East, 91.11 feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove South 20 degrees 21 minutes 04 seconds West, 102.62 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 107.51 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension the following two (2) course and distances: 1. North 20 degrees 44 minutes 04 seconds East, 50.00 feet to a point; 2. North 38 degrees 09 minutes 04 seconds East, 50.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. RIDER TO DEED FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK and ROBERT W. STACKLER to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK COUNTY OF SUFFOLK TOWN OF SOUTHOLD By: Deputy Town Supervisor )SS: On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public PATR!CIA L, FALLON Notary PuhtiC. ~5~r't~ ~., ,~,,w York ;.'-..' SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26321 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 047.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $60,392.50 Received the Following Fees Page/Filing $15.00 COE $5.OO EA-CTY $5.00 TP-584 $5.00 Cert. Copies $0.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 07-26321 For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 618 Lot: 034.000 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $245.00 JUN - 3 2008 DE?T OF LAND ?R~S ]SVATION This document will be public ~ eco[d. Please remove all Social Security Numbers prior to Eecording. Deed / Mortgage Instrument Page,E,,ngEee LS-- Handling 5. O0 NYS Surcharge 15. O0 Sub Total Deed / Mortgage Tax Stamp FEES RealProperty 08010913 3.000 04700 0200 034000 6 8 RECuRDED Judith 9. pasca!e CLERK OF SUFFOLK C01JfIT? L POOO1255n Recording / FlUng Stamps 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax SubTotal 5pecJAssR. Spec./Add. TOT. MTG, TAX Dual Town -- Dual County Held for Appointment Transfer Tax ' Mansion Tan The property covered by this mortgage Is or will be Improved by a one or two YES__ or NO If NO, see appropriate tax clause Consideration Amount CPF Tax Due Improved__ VacantLand ~ TD 310 Center Drive, alverhead, NY 11g01 _~--~'~¢',-u)~ ~/~-/-~'~ www.$offolkcou ntyny.gov/cler k [Title# ~ ~'/~ , Suffolk County Recording & Endorsement Page This page forms part of the attached by: TO (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated In SUFFOLK COUNTY, NEW YORK, In the TOWN of In the VILLAGE made UOXES § THRU B MUST UE TYPED Off PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ~uve~) TItlSINDENTURE, madethe ~lqq~ '--~o-f~ 3~.~c5[~ ,2008and BETWEEN Lenore E. Hardy, as executor and trustee u/w/o Leonard L. Frank with an address at 358B Broadway Mall, Ificksville, New York 11801 party of the first part, and Town of Southold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 pan3, ofthe second pan, WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part /brevet, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the sm sc~mtn~ a ta-m~ mum'to Whereas~ said parcel shall remain in its natural state and be deemed open space. WHEREAS, this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space_areas shall be sterilixed and remain as open space for the express purpose of protecting the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity~ excepting only property maintenance activities as may be appropriate to effectuate the foregoing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recr~,at:~.ptrppon ur ses. BEiNG the stone ore~nises_convevec[4o lhe party of the first part by deed by ~ ~ TOGETHER with all right, title ~d interest, iffy, of the party of the first pa~, in ~d to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the pa~y of the first pm in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the paffy of the second para the heirs or successors and assigns of the pa~y of the second pa~ forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in an3, way whatever, except as afbresaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the pariy of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: Lenore F. Hardy, as executo(and trustee u/w/o Leonard L. Frank STATE OF NEW YORK ) ) SS.: COUNTY OF ffa*$g~.-x'-.~ ) On the 171Qday of March in the year 2008, before me, the undersigned, personally appeared Lenore F. Hardy, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Not~-Public ' With Covcnant Against GmntoPs ACB Tit]eNo. LENOREF. HARDY, ASEXECUTOR AND TRUSTEE U/W/O LEONARD L. FRANK TOWN OFSOUTHOLD DISTRICT: 1000 SECTION: 47 BLOCK: 2 LOT: ,~ ~ ~r COUNTY OR TOWN: Southold RETURN BY MAIL TO: (AMENDED 3/24/08) As to Lot 34: ALL that certain plot, piece Or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the Southerly side of Shore Drive Extension said point being the following three (3) courses and distances fi.om the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 800.00 feet to the true point of BEGINNING; THENCE South 51 degrees 50 minutes 56 seconds East, 91.1 t feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove South 20 degrees 21 minutes 04 seconds West, 102.62 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 107.51 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension the following two (2) course and distances: I. North 20 degrees 44 minutes 04 seconds East, 50.00 feet to a point; 2. North 38 degrees 09 minutes 04 seconds East, 50.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. RIDER TO DEED FRANKLIN L. FRANK, CHARLES L. FRANK and LENORE F. HARDY, as executors & trustees of LW&T of LEONARD L. FRANK; ROBERT W. STACKLER and WALTER L. STACKLER, as ancillary executors of LW&T of WALTER G. STACKLER; FRANKLIN L. FRANK and ROBERT W. STACKLER to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. STATE OF NEW YORK ) TOWN OF SOUTHOLD By: JOH~ P. SEPENOSKr Deputy Town Supervisor COUNTY OF SUFFOLK ) )SS: On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public PATR!CfA L. FALLON k ot~ry pr k ! r,. ,qt~'¢~ Of i',i~:W York SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 7 Receipt Number : 08-0043982 TRANSFER TAX NUMBER: 07-26322 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 053.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $995,825.00 Received the Following Fees For Above Instrument Exempt Page/Filing $21.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 07-26322 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/12/2008 12:14:04 PM D00012550 619 Lot: 018.000 Exempt $5.00 NO $15.00 NO $165.00 NO $0.00 NO $30.00 NO $0.00 NO $251.oo JUN - 3 2OO8 OEPl'. OF LAND I PRESER1/ATiON ~ Numbm of pages TORRENS Semd # Certificate # Pdo~ Cit. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp ,I FEES I RECORDED 200S May i2 12:14:04 P~ Recording / Filing Stamps Page / Filing Fee .... (~_tL - ltandling 5 00 R PTS A. ~_~0 i -- SubTotal NYS Surchalge 15. 00 Sub Total ~F~ t'{llel Grand Total C.T.~.5-7 . /t.~~ Real Property 080~09t4 1000 05300 0100 018000 Consideration Amount $ Ve~ilicadon ~t Improved Vacant Land Safisfactions/Discharges~eleases List Property Owners Mailing Add~ess RECORD & RETURN TO: TD TD &=~Z~, ~'V ~lq 7/- OqW~C 7o}Same Title ,Company Information Suffolk County Recording & Endorsement Page Thispagefixmspartofd~eattad~ed /f~RKazw 4~h ff8~ ~ madeby: (SPECIFY TYPE OF INSTRUMENT) SUFFOLK COUNTY. NEW YORK. ~ M ~ ~ ,~0 ~ ~ ]n d~e VILLAGE BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Mortgage Amt. I Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage ~s or will be improved by a one or two family dwelling only. YES or NO If NO, see appropdate tax clause on page # of this inst ent, THIS INDENTURE, made the 26th day of March ,2008 and BETWEEN Mid-Island Shopping Plaza, Co., a limited partnership, with its office at 358B Broadway Mall, Hieksville, New York 11801 party of the first part, and Town of Sonthold, a municipal corporation of the State of New York, having an address at 53095 Route 25, P.O. Box 1179, Southold, New York 11971 party of the second part, WlTNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever~ ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the sm scm t~ sa-rac~> mille Whereas~ said parcel shall remain in its natural state and be deemed open space. WI{EREAS~ this certain plot, piece or parcel of land more fully described herein shall remain in its current state and its open space areas shall be sterilized and remain as open space for the express ,urpose of protecti.g the aquifer and water supply and said open space areas shall be kept in a natural state in perpetuity~ excepting only property maintainee activities as may be appropriate to effectuate the foreg6ing purposes without impairing the essential nature and open space character of the open space areas. This paragraph does not preclude the use of the open space areas for passive recreation ff~rf~the same premises conveyed to the party of the first part by deed by Leonard L. Frank, Walter G. Stackler and Walter G. Stackler and Leonard L. Frank, et al., a Joint Venture, dated July 16, 1973, and recorded July 27~ 1973 in Liber 7452 at Page 585. TOGETHER with all right, title and interest, if any, of the party of the first part, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the state and rights of the party of the first part in and to said premises; 'fO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whateven except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and ,ear first above written. 1N PRESENCE OF: Robert W. 8tach~ler, Secretary STA~ OFt~'~, cota~rY oF 0~tO On the ~ day of~f~ in tbe ye~ 2008, before me, the undersigned, personally appeared Fra~iin L. Fra~, personally ~own to mc or proved to me on tbc basis &satisfactory evidence to be the individual whose n~c is subscribed to thc within instrument and acknowledg~ to me that he cxccute~ the same in his capacity, that by his signa~re on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made suchappearance before the undersigned in th~ (lnse~ the city or other political subdivision and the state or country or other place the~ Bargain and Sale Deed With Covenanl Against Grantoffs Acls MID-ISLAND SHOPPING PLAZA, CO. TO TOWN OF SOUTHOLD STATE OF ~J~2~v.~tor.~ COUNTY OF /4~r~ s'5,~ ss: On the~day of ~&n tbe ye~ 2008, before me, the undersigned, personally appeared Robe~ W. Stackler, personally known to me or proved to me on lhe b~is 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 bis capacity, that by h s s gna t re on the instrument, the individual, or the person upon behalf of whicb the individual acted, executed the instrument, and that such individual made such earance before lhe undersigned in the ~ .(Insen the city or other political subdivision and the state or country or other place the acknowledgment xv~ taken). NOTARY PUBLIC DISTRICT: 1000 SECTION: 53 BLOCK: 01.00 LOT: 018.000 ELIZABETH BUSCARINO NOTARY PUBLIC STATE OF NEW YORK ID# 01BU6028817 QUALIFIED FOR NASSAU COUNTY.,, COMMISSION EXPIRES 08/0g/2001' COUNTY ORTOWN: Sonthold RETURN BY MAIL TO: Stewart Title Insurance Company Title No: ST-S-9128 Schedule A Description (AMENDED 3/24/08) As to Lot 18: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the apparent high water mark of Pipes Cove said point being the following seven (7) courses and distances fi.om the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a point; 4. South 20 degrees 44 minutes 04 seconds West, 50.00 feet to a point; 5. South 51 degrees 50 minutes 56 seconds East, 107.51 feet to a point and the apparent high water mark of Pipes Cove; 6. Thence continuing along the apparent high water mark of Pipes Cove, South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to the true point of BEGINNING. THENCE continuing along the apparent high water mark of Pipes Cove and Pipes Neck Creek the following twenty six (26) courses and distances: I. South 20 degrees 35 minutes 18 seconds West, 214.53 feet to a point; 2. South 16 degrees 10 minutes 01 seconds West, 228.84 feet to a point; 3. South 36 degrees 28 minutes 29 seconds West, 78.69 reit to a point; 4. South 52 degrees 15 minutes 05 seconds West, 295.65 feet to a point; 5. South 40 degrees 14 minutes 05 seconds West, 151.86 feet to a point; 6. South 25 degrees 37 minutes 15 seconds West, 81.02 feet to a point; 7. South 61 degrees 05 minutes 04 seconds West, 127.51 feet to a point; 8. North 86 degrees 30 minutes 10 seconds West, 89.35 feet to a point; 9. South 79 degrees 51 minutes 24 seconds West, 70.16 feet to a point; 10. North 57 degrees 19 minutes 36 seconds West, 83.55 feet to a point; 11. North 41 degrees 41 minutes 05 seconds East, 47.51 feet to a point; 12. North 25 degrees 14 minutes 16 seconds West, 31.17 feet to a point; 13. South 77 degrees 12 minutes 05 seconds East, 214.43 feet to a point; 14. North 47 degrees 44 minutes 29 seconds East, 74.87 feet to a point; 15. North 15 degrees 39 minutes 10 seconds East, 52.97 feet to a point; 16. North 48 degrees 23 minutes 03 seconds West, 47.00 feet to a point; 17. North 12 degrees 28 minutes 43 seconds West, 55.79 feet to a point; 18. North 08 degrees 36 minutes 08 seconds East, 86.23 feet to a point; 19. North 64 degrees 10 minutes 16 seconds West, 54.96 feet to a point; 20. North 82 degrees 22 minutes 11 seconds West, 58.49 feet to a point; 21. North 37 degrees 32 minutes 40 seconds West, 84.60 feet to a point; 22. North 03 degrees 19 minutes 23 seconds East, 85.83 feet to a point; 23. North 26 degrees 10 minutes 22 seconds East, 315.55 feet to a point; 24. North 41 degrees 33 minutes 11 scc0nds East, 104.65 feet to a point; 25. North 52 degrees 39 minutes 00 seconds East, 144.81 feet to a point; 26. North 33 degrees 59 minutes 29 seconds East, 65.58 feet to a point; THENCE South 69 degrees 24 minutes 38 seconds East, 410.24 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. RIDER TO DEED MID ISLAND SHOPPING PLAZA CO., A Limited Partnership to TOWN OF SOUTHOLD DATED March 26, 2008 AS SET FORTH in Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold OPEN SPACE acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of those chapters shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in )SS: perpetuity. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) TOWN OF SOUTHOLD By: JOH'N P. SEPEN~SKI' Deputy Town Supervisor On the 26th day of March 2008, before me personally appeared JOHN P. 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 executed the same in his capacity as Deputy Supervisor of the TOWN OF SOUTHOLD, and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument. Notary Public PATR~CIA L. FALl_ON ~- ~ ,, ,w York T I T L E P 0 L I C Y ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY 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, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured be reason of: 1. Title being vested ether than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity~ or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii)a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining 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 (including those relating to building and zoning) restricting, regulating, prohibiting, or relating 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 subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part 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 if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: / City, State I 051997 Policy S.rial NO O'8901 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014 If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions, Visit our Word-Wide Web site at http://www.stewar[newyork.com File No.: ALTA OWNER'S I~OLIC'Y SCHEDULE A File No,: ST-S-9128 Policy No.: O-8901-51997 Amount of Insurance: $4,500,000.00 Premium: $17,318.00 Date of Policy: 3/26/2008 1, Name oflnsured: Town of $outhold 2. The estate or interest in the land described herein and which is covered by this po[icy is: Fee Siraple 3. Title is vested in; Town of Southold, who acquired title by virtue of thc following five (5) deeds: (1) deed fi.om Mid-Island Shopping Plaza, Co., a Limited Partnership (As to Lot 018,000) dated March 26, 2008 and to be recorded in the Suffolk County Clerk's Office; and (2) dced from Franklin L. Frank, Charles L. Frank and. Lcnorc F. Hardy, as executors and trustees of Last Will an.d T~stament of Leonard L. Frank, Robert W. Stackler and Walter L. Stackler as executors of Last Will and Testament of Walter G. Stackler, and Franklin L. Frank and Robert W. Sta~:kler (As to Lot 034.000) dated March 26, 2008 and to be recorded in the Suffolk County Clerk's Of Oce; and (3) deed from Robert W. Stackler and Walter L. Stackler as executors of Last Will and Testament of Walter G. Stack, lex, Franklin L. Frank, Charles L. Frank and Lenore F. Hardy, as executors and lxustees of Last Will and Testament of Leoaard L. Fraxtk, Walter L. Staeldcr & Robert W. Staclder as executors o~' Last Will and Teamment of Ida M. Staclder, and Franklin L. Frank, Charles L. Frank and L~nor~ F. Hardy, as ancillary executors of the Last Will and Testament of]Eleanor O. Frank (As to Lot 033.000) dated March 26, 2008 and to be recorded in the Suffolk County Clerk's Office; and (4) deed from Robea~ W. Stackler and Walter L. Stackler as executors of Last Will and Testament of Walter G. Stackler, Franklin L. Frank, Charles L. Frank and Lenore F. Hardy, as executors and trustees of Last Will and Tastament of Leonard L. Frank, Walter L. Stackler & Robert W. Stackler as executors of Last Will and Testament of Ida M. Smokier, and Franklin L. Frank, Charles L. Frauk and Lenore F. Hardy, as ancillary executors of the Last Will and Testament of Eleanor O. Frank (Az to Lot 007,001) dated March 26, 2008 and to be recorded i.n the Suffolk County Clerk's Officz; and ALTA OWNBR'$ POLICY (6/17/06) (5) deed fxom Robert W. Stac. klor and Walter L. gtae. kler as exccuto~s of Last Will and Testament of Walter G. Sta~kler, Franklin L. Frank, Charles L. Frank and Lcnore F. Hardy, as exeoutors and Ixu~tees of La.~t Will and Testament of Leonard L. Frank, Walter L, $tackler & Robert W. Sta~kler as executors of Last Will and Testament of Ida M. Stackler, and Franklin L. Frank, Charles L. Frank and Lenorc F. Hardy, as ancillary exccuto~ of the Last Will and Testament of Elcenor O. Frank (As to Lot 007.002) dated March 26, 2008 and to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this policy is described as follows: See Schedu]e A Description, attached hereto and made a part hereof. Stewart Title Insurance Company Tifl.e No: ST-S-9128 Schedule A Description (AMENDED 3/24/08) As to Lot 18: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGI1VNING at a point along the apparent high water mark of Pipes Cove said point being the following seven (7) courses and distances fi.om the inters~mfion of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc ora curve to the left having a radius of 2,782.00 fi~et and a langth of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a point; 4. South 20 degrees 44 minutes 04 seconds West, 50.00 feet to a point; 5. South 51 degrees 50 minutes 56 seconds East, 107.51 feet to a point and the apparent high water mark of Pipes Cove; 6. Thence continuing along the apparent high water mark of Pipes Cove, South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to the tree point of BEGINNING, THENCE continuing along the apparent high water mark of Pipcs Cove and Pipes Neck Creek the following twenty six (26) courses a~d distances: I South 20 degrees 35 minutes 18 seconds West, 214.53 feet to a point; 2. South 16 degrees 10 minutes 01 seconds West, 228.84 f~t to a point; 3. South 36 degrees 28 minutes 29 seconds West, 78.69 Feet to a pt)hat; 4. South 52 degrees 15 minutes 05 seconds West, 295.65 feet to a point; 5. South 40 degrees I4 minutes 05 seconds West, 151.86 feet to a point; 6. South 25 degrees 37 minutes 15 seconds West, 81.02 feet to a point; 7. South 61 degrees 05 minutes 04 seconds West, 127.51 feet to a point; 8. North 86 degrees 30 minutes 10 seconds West, 89.35 feet to a point; 9. South 79 degrees 51 minutes 24 seconds West, 70,16 feet to a point; l 0. North 57 degrees 19 minutes 36 seconds West, 83.55 feet to a point; 1 I. North 41 degrees 41 minutes 05 seconds East, 47.51 feet to a point; 12. North 25 degrees 14 mhautes 16 seconds West, 31.17 feet to a point; 13. South 77 degrees 12 minutes 05 seconds East, 214.43 feet to a point; 14. North 47 degrees 44 minutes 29 seconds East, 74.87 feet to a point; 15. North 15 degrees 39 minutes 10 seconds East, 52.97 feet to a point; 16. North 48 degrees 23 minutes 03 seconds West, 47.00 feet to a point; 17. North 12 degrees 28 m.J~utes 43 seconds West, 55.79 feet to a point; 18. North 08 degrees 36 minutes 08 seconds East, 86.23 feet to a point; 19. North 64 degrees 10 minutes 16 seconds West, 54.96 feet to a point; 20. North 82 degrees 22 minutes ! 1 seconds West, 58.49 feet to a point; 21. North 37 degrees 32 minutes 40 seconds West, 84.60 feet to a point; 22. North 03 degrees 19 minutes 23 seconds East, 85.83 feet to a point; 23. North 26 degrees 10 ~rfinutes 22 seconds East, 3!5.55 feet to a 24. North 41 degrees 33 minutes 11 seconds East, 164.65 feet to a point; North 52 degrees 39 minutes 00 seconds East, 144.8 feet to a point; 26. North 33 degrees 59 migrates 29 seconds East, 65.58 feet to a point; THENCE South 69 degrees 24 minutes 38 seconds East, 410.24 feet to the point or place of BEGENNING, Together with a~ easement over Shore Drive as laid out on Map of .areenport Shores to the nearest public way. (AMENDED 3/24/08) As to Lot 34: ALL that certain plot, piece Or parcel of land with the buildings and improvements thereoxt erected, situate, lying and being at Greenpert, Town of Southold, Couaty of Suffolk and The State of New York, more particularly bounded and described ~s follows: BEGINNING at a point along tl~e Southerly side of Shore Drive Extension said point b~ing the following three (3) courses and d/stances firom the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc ora curve to the left having a radius of 2,782.00 f~et and a length of 506,58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 800.00 feet to tl~ true point of BEGINNING THENCE South 51 degrees 50 minutes 56 seconds East, 91.l 1 feet to a point along the apparent high water mark of P pos Cove; THENCE along the apparent high water mark of Pipes Cove South 20 degrees 21 rn/nutcs 04 seconds West, 102,62 feet to a point; TI-IENCE North 51 degrees 50 minutes 56 seconds West, 107,51 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension thc follow/ng two (2) course and distances: 1. North 20 degrees 44 minutes 04 seconds East, 50.00 feet to a point; 2. North 38 degrccs 09 minutes 04 seconds East, 50.00 feet to the point or place of BEGINNING. Together with an easement and r/ght of way ov~r Shore Drive as laid out on Map of Gmenport Shores to the nearest public highway. (AMENDED 3/24/08) Lot 7.1: ALL that certain plot, piece or parcel of land with the b~IdJngs and improvements thereon erected, situate, lying and being at Gmenport, Town of Sou,thokl, County of Suffollq and The State of New York, known and designated as lots 26-74 inclusive on a certain map entitled, "Map of Crreenport Shores, Section One" and filed in the Office of the Clerk of the County of Suffolk on June 29*~, 1950 as MaP No. I759 and a described piece adjacent thereof, sa/d lots and described parcel when taken together being more particularly bounded and described as follows: BEGINNING at a point at the Northwesterly comer of Shore Drive, sa/d point being along the arc of a curve to the left with a radius of 2,832,00 feet and a length of 569,00 feet from the intersection of the Westerly side of Silvermere Road with the Northerly side of Shore Drive; TItENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 secon~ East, 140.61 feet to a point and the Northeast corner of Franklin Avenue; THENCE along the Northerly, Westerly and Southerly sides of Frargdin Avenue the following three (3) courses and distances: 1. Along the arc of a curve to the left with a radius of 2,707.00 fe~t and a length of 646.28 feet to a point; 2, South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 3. Along the arc ora curve to the right with a radius of 2,657,00 feet and a length of 607,72 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 284.61 feet to a point and the Northeasterly corner of' Walter Avenue; THENCE along the Northerly, Westerly and Southerly sides of Walter Avenue the following five (5) courses and distances: 1. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to a point; 2. South 42 degrees 10 minutes 44 seconds West, 32I .25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; & North 42 degrees I0 minutes 44 seconds East, 302.23 feet to a 5, North 83 degrees 49 minutes 54 seconds East, 104,I5 feet to a i:~oint along the Westerly sidc of Shore Drive; THENCE along the Westerly side of Shore Drive the following three (3) courses and distance: 1. South 06 degrees 10 minutes 06 seconds East, 210.22 feet to a point; 2. South 38 degrees 09 minutes 04 seconds West, 837.30 feet to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; TIIENCE South 51 degrees 50 minutes 56 seconds East, 159.91 feet to the apparent high water mark of Pipes Cove; TI. IENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 35 degrees 39 minutes 35 seconds West, 96.29 feet to apoint; 2. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to apoint; TEIENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point and the apparent high water mark of Pipes Neck Creek; T~ENCE along the apparent high water mm~k the following eight (8) courses and distances: t. North 33 degrees 59 m/nutes 29 seconds East, 23.43 feet to a point; 2. North 09 degrees 32 minutes 40 seconds East, 133.32 feet to a point; 3. North 24 degrees 04 minutes 16 seconds West, 96.55 feet to a point; 4. North 06 degrees 58 minutes 34 seconds West, ] 26.95 feet to a point; 5. North 48 degrees 59 minutes 37 seconds West, 53.25 feet to a point; 6. North 69 degrees 41 minutes 54 seconds West, 92.83 feet to a point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet to a point; 8. North 85 degrees 21 minutes 17 seconds West, 24.06 feet to a point along the Southerly side of The Long Islm~d Railroad (MT.A.); THENCE along the Southerly side of The Long Island Railroad (M.T.A.) the following four (4) courses and distances: 1. North 42 degrees 10 minutes 44 seconds East, 254.05 feet to a point; 2. South 47 degrees 49 minutes 15 seconds East, 16.50 feet to a point; 3. North 42 degrees I 0 minutes 44 seconds East, 405.26 feet to a point; 4. Along the arc ora curve to the fight with a radius of 2,832.00 feet and a length of 742.00 feet to the point or place of BEGI3r/h~ING. Togethex with an easement over Shore Dr/ye as laid out on Map of Greenport Shores to the nearest public highway. (AMENDED 3/24/08) Lot 33: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and be/ng at Oreenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded, and described as follows: BEGINNING at a point on the Southerly side of Shore Drive Extension, said point being the following three (3) courses and distances fro}~ the intersect/on of the Westerly side of Silveu~ere Road with the Southerly side of Shore Drive; I. Along the arc of a curve to the left having a radius of 2,782.00 fsct and a length of 506.58 feet to a point; 2. South 06 degrees I 0 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 700.00 feet to the true point of beginning; THENCE South 51 degrees 50 minutes 56 seconds East, 108,50 feet to a point along the apparent high water mark of Pipes Cove THENCE along the apparent high water mark of Pipes Cove the following m,o (2) courses and distances: 1. South 56 degrees 37 minutes 53 seconds West, 54.02 feet to a point; 2. South 38 degrees 28 minutes 02 seconds West. 48.77 feet to apoint: THENCE North 51 degrees 50 minutes 56 seconds West, 91.11 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension North 38 degrees 09 minutes 04 seconds East, 100.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as la d out on Map of Crreenport Shores to the nearest public way~ (AMENI)ED 3/24/08) Lot 7.2 ALL that certain plot, piece or parcel of land with the buildings aud improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the Northerly side of Shore Drive with the Westerly side of Silvermere Road; THENCE along the Westerly side of Silvermere Road South 02 degrees 02 minutes 10 secon&q West, 53.47 feet to a poim; THENCE along the arc ora curve to the left with a radius ~3f2,782.00 feet and a length of 506.58 feet to a point; THENCE South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; THENCE South 38 degrees 09 minules 04 seconds West, 700.00 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West 150.00 feet; THENCE South 20 degrees 44 minutes 04 seconds West 50.00 feet; THENCE North 51 degrees 50 minutes 56 seconds West, 52.40 feet; THENCE North 20 degrees 44 minutes 04 seconds East, 41.97 feet; North 38 degrees 09 minutes 04 seconds East 837.30 feet to the West side of Shorn Dhve; THENCE North 06 degrees 10 minutes 06 seconds West along the West side of Shore Drive 210.22 feet to the south side of Walter Avenue; THENCE along the Southerly, Westerly and Northerly side of Walter Avenue; I. South 83 degrees 49 minutes 54 seconds West 104.15 feet; 2. South 42 degrees 10 minutes 44 seconds West 302.23 feet; 3. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 4. North 42 degrees I0 minutes 44 seconds East 321.25 feet: 5. North 83 degrees 49 minutes 54 seconds East 123.16 fcet to the West side of Shore Drive; THENCE along the Westerly side of Shore Drive North 06 degrees 10 minutes 06 seconds West 284,61 feet to the South side of Franklin Avenue; THENCE along the Southerly, Westerly and Northerly sides of Franklin Avenue; 1. Westerly along an m'c of curve which bears to the left having a radius of 2,657.00 feet a distance of 607.72 feet; 2. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 3. Easterly along an are of a curve which hears to the right having a radius of 2,707.00 feet a distance of 646.28 feet to the Westerly side of shore Drive; THENCE along the Westerly and Northerly side of Shore ]:)rive; l. North 06 degrees I0 minutes 06 seconds West 140.61. feet; 2. Easterly along an arc of curve which bears to the right having a radius of 2832.00 feet a distance of 569.00 feet to the point or place of BEGINNING. Being and intending to be Shore Drive and an adjacent parcel, Walt:er Avenue and Franklin Avenue as shown on Map of Crreenport Shores, Section One and filed in the Office of the Clerk of the County of'Suffolk on Jane 29% 1950 as Map No. 1759 and not abandoned of record and subject to rights of others over said roads. TOGETHER with all right, title and interest of the party of the first part, in a. nd to the land lying in the street in front of and adjoining said premises. ALTA OWNER'S POLICY SCHEDULE B PART I File No.: ST,,S-9128 Policy No,: O-8901-51997 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' ~ or e. xpmses) that arise by ruaann of: 1. R~orvation, Agrecincnts, Easements and Covcnauts and Restrictions set forth in Libor 3400 Page 167. 2. Agreement set forth, in Libem 6489 Page 478 (contained in Last Deed of Record). 3. Right of Ways sot forth in Libor 3400 Page 167 and repeated in Liber 6489 Page 478. 4. Agreement(s) as set forth in Liber 3465 at Page 356. 5. Right of Way set forth in Libor 2683 Page 362 and r~yeated in Libor 10266 Page 29 (contained in Last Deed of Record). 6. Right of Way set forth in Libor 10266 Page 33 (contained in Last Deed in record). 7. Reservation(s) as set forth in Liber 2015 at Page 161. 8. Right of Way set forth in Libor 4286 Page 169 and repeated in Libcr 7452 Page 581, Libor 7452 page 583 aud Libor 7452 Page 585 (contained in Last Deed of record). 9. RIPAK1AN EXCEPTIONS: A) No title is insured to any land now under the waters of Pipes Cove. B) Subject to tho rights of others to navigate the waters of Pipes Cove. C) Subject to the riparian rights of others to Pipes Cove. D) Riparian rights of the owner of the subject premises are not insugd. E) Rights of the governmental authorities to improve navigation and change bulkhead and shorelines without o:~upcn.sation to upland owners. 10. Possible sower installation charges imposed by instruments recorded in Libor 3400 Page 167 & Libor 6489 Page 478. (As to Lot 34) l 1. Company insures con6guiiy of all parcels in this trausavtion as set forth on survey r~ad h~tein. ALTA O~Te.P,'~ POLICW 12. Survey by Nathan Tare Corwin IH Land Surveyor last dated September 21, 2007 shows all parcels of premises as vacant land, wooded upland located, tidal marsh located, tidal wetlands located a~d flagged, 12 inch drain pipe located, paving of shake drive located, guy wires and utility polas and wires located, asphalt, blue stone and gravel driveways ~ncroach onto Shore Drive, planter and plastic f~mce eneroach onto Shore Drive. Title No.: ST-S~9128 ATTACHED TO AND MADE A PART OF POLICY NUMBER STEWART TITLE INSURANCE COMPANY HEREiN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Date of Issue: March 26, 2008 O-8901-51997 1. Covered Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 3. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental atuhority 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 endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsernent is inconsistent with an 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. Signed on: Stewart Title Insurm~ce Company Authorized Office or Agent Stewart Title 125 Baylis Road~ Suite 201 Melville, New York 11747 STEWART TITLE ,resident Secretary STANDARD NEW YORK ENDORSEMENT (5/1/07) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) COVERED RISKS (Continued) 9. Tifie being vested other than as stated in Schedule A or being defective ti) to be timely, or (a) as a result of the avoidance in whole or n part, or from a court order (ii) to impart nodce of its existence to a purchaser for value or to a providing an alternafive remedy, of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 10 Any defect in or lien or encumbrance on the Tifie or other matter incruded vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy state inso vency, or similar creditors' rights laws; or and pdor to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting Title as shown in Public Records that vests Tifie as shown in ScheduleA Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insovency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of its recording in the Public Records provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, Old nance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to ti) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmentai regulations. This Exclusion l(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6 2. 2 Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8 3. Defects, liens, encumbrances adverse c aims or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance~: The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. ti) The term "insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an ~nsured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the granlee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudu~en~ conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not staled in Covered Risk 9 of this policy, Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching be[ween 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, Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (8), (C), and (D) reserving, however, all ngh[s and defenses as to any successor that the Company would have had against any predecessor Insured. "Insured C a mint": An Insured claiming loss or damage. (f) "Know~edge" or "Known": Actual knowledge, not constructive knowledge or nobce that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term Land does no incude any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads avenues, alleys lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security ins rument including one evidenced by electronic means authorized by law. (1) "Public Records": Records established under state statutes at Date o¢ Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title': Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Tifie or lender on the Title to be released from the obligation to purchase, lease, or Fend if there is a contractual condition requiring the delivery of marketable fitle. FiFe No.: .. CONDITIONS (Continued) CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, {ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the ~nsured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, sha~l provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy, (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently, (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order, DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the (b) Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or affecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any ~itigation, with regard to the matter or matters requiring such cooperation, The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the insured CJaimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant, (i) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay, Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS (Continued) II Pa~e3 Serial No.: O- File No.: 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual moneta~ loss or damage sustained or incurred by the insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy, (b) if the Company pursues its dghts under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have lhe loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is segled and paid, (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions, 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligect manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, incruding litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a coud of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the pdor written consent of the Company 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment lt. LIABILITY NONCUMULATIVE The Amount of ~nsurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to w~ich the Insured has agreed~ assumed, or taken subject, or which is executed by an Insured after Date of Policy end which is a charge or lien on the Title, and the amount so paid shaft be deemed a payment to the Insured under this policy. 12. PAYMENTOF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance witfl these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Ia) Whenever the Company shall have settled and paid a claim under this poficy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount ct any Ioss~ costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, cempromise, or sett~e in the name of the Insured Claimant and to use the name of the insured C~aimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the insured Claimant, the Company shall defer the exemise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's dght of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, noiwithstanding any terms or conditions contained in those instruments thai address subrogation rights, 14. ARBITRATION Either the Company or the insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the Amedcan Land Title Association ("Rules'). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asseding such claim shall be restricted to this policy, (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person1 or expressly incorporated by Schedule A of this policy, (d) Each endorsement to this policy issued at any time is made a pad of this policy and is subject to all of its terms and provisions Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in par[, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a} Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. Jn neither case shaft the coud or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction, 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy musl be given to the Company at Claims Department at 300 East 42"~ St, 10~h Floor, New York, NY 10017 II Page4 Serial No.: File No,: T N C G R A N T A G R E E M E N T THE NATURE CONSERVANCY NO. DATE: 26-~'-1~-08 CUST, ACCT. NO. VENDORNAME TO~T OF SOT,.!-~HOT,D VENDORNO. ].09020 408 24-JUN-08 CR00301-NYLGL PECONIC ESTUARY 0.00 325,000.00 PLEASE DETACH AND RETAIN THIS STATEMENT AS YOUR RECORD OF PAYMENT. '7~ ~r. 0.0 0 3 2 5,0 0 0.0 0 RESOLUTION 2008-644 ADOPTED DOC ID: 4021 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-644 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2008: RESOLVED that the Town Board of the Town of Southold authorizes and directs Supervisor Scott A. Russell to execute the Grant Agreement and Notice of Grant Agreement with The Nature Conservancy for acceptance of $325,000 in grant funding towards the purchase of the part of the "Stackler" property identified as SCTM #1000-53-1-18~ located in Pipe's Cove ~ Greenporh New York~ subject to review by the Town Attorney. The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre parcel being a part of the "Stackler' property acquired for conservation and passive recreation purposes pursuant to the Town's Community Preservation Fund Program. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Krnpski Jr., Wickham, Evans, Russell SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Number of Pages: 6 Receipt Number : 08-0069954 TRANSFER TAX NUMBER: 07-32639 District: Section: 1000 053.00 MORTGAGE TAX NUMBER: CZ021048 Amount: Recorded: At: Block: 01.00 LIBER: PAGE: EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees Page/Filing $18.00 COE $5.00 Affidavit $0.00 Notation $0.00 RPT $30.00 Comm. Pres $0.00 Mort.Addl $0.00 Mort. SplAsst $0.00 TRANSFER TAX NUMBER: 07-32639 For Above Instrument Exempt NO Handling NO NYS SRCHG NO TP-584 NO Cert. Copies NO Transfer tax NO Mort. Basic NO Mort. SplAddl NO Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 07~22/2008 11:32:48 AM D00012558 828 Lot: 018.000 Exempt $5.00 NO $15.00 NO $5.OO NO $7.50 NO $0.00 NO $0.00 NO $0.00 NO $85.50 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 41 Page / Filing Fee [~) -- Handling TP-584 Notation EA-52 17 (County) EA4217 (State) ~P.T.S.A. ~ 0O COmm. of Ed, 500 Affidavit Certified Copy Reg, Copy Other Deed / Mortgage Tax SIamp FEES Recording / Filing Stamps Mortgage Amt. SubTotal ~'7' ~'NDTOT^L Real Property 'Fax Service Agei]cy Verificatio, Section 1000 05300 0100 018000 I. Basic Tax 2, Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town Dual County__ Held for Apportionment __ Transfer Tax ~r}~ Mall$ion 'Pax The property covered by this morigage is or will be improved by a one or two fanfily dwelling only. YES orNO If NO, see appropriate tax clause on page # __ of this instrument. Conm~unity Preservation Fund Block Lot Consideration Amount $ .4~ Improved -- Vacant Land ~ Stamp Date Initials Satisfactions/Discharges/Releases List Property Owners Mailing RECORD & RETURN TO: -F~ mo~,A TD TD TD /~rk,~a,.fx.o.~. I"-~ [,'~,c:~O~- Title Company bformaliol! Tirt~# ~-FIg¢O~-C 7q-n-¢ Suffolk County Recording & Endorsement Page ms page fomts part of the attached [,jb-~h'C~ d)~-~ D:~ ~rc2Ce_q ~ TO Pa_b,t% Cj:, ~scr ~¢c,c ~ (SPEaFY rVVE OF INs~v, tm~rr) The premises herein is situated in SUFFOLK COUNTY, NEW YOR[ In the Township of In the VILLAGE or HAMLET of BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. made by: Notice of Grant Agreement June 27, 2008 The Town of Southold, a municipal corporation with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York, and its successors and assigns (hereinafter referred to as the "Town") acknowledges that the property described in Schedule A attached hereto, further identified as Suffolk County Tax Map Parcel Number: 1000-053- 00-01-00-018-000 (10.256 acres), (hereinafter "the Squirrel Island Property"), is acquired in part with a $325,000.00 grant from The Nature Conservancy, Inc. (hereinafter called the "Conservancy"), a non-profit corporation incorporated under the laws of the District of Columbia, having its headquarters at 4245 North Fairfax Drive, Arlington, Virginia 22203 and maintaining a New York State office at 195 New Kamer Road, Albany, New York 12205. The Toxvn acknowledges that the Squirrel Island Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-term conservation of open space, wildlife habitat, preserving the Peconic Estuary watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any activity on, or use of, the Squirrel Island Property that is inconsistent with these purposes and shall restore such areas or features of the Squirrel Island Property that may be damaged by any inconsistent activity or use. The Town acknowledges and agrees that the Squirrel Island Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Squirrel Island Property for conservation purposes, and the restrictions contained herein are extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Squirrel Island Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of the Conservancy: either (I) acquire title to another parcel of real property of equal value that serves the same or similar purpose as the original property and manage the newly acquired real property for same or similar purposes specified in the original Grant Agreement, or (2) repay the Conservancy, in cash, its proportionate share of funds invested in the original purchase price (The Conservancy's proportionate share is hereby determined to be 32.6% of the total), or repay the Conservancy, in cash, its proportionate share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third- party designated or approved by the Conservancy. IN WITNESS WHEREOF, the Town of Southold and The Nature Conservancy, Inc. have set their hand and seal on the dates set forth below. Town of Southold By: .__~ Scott A. Russell Town Supervisor The Nature Conservancy, Inc. By: Shauna M. DeSantis Assistant Secretary State of New York ) ).SS.: County of ) On the c~~ day of ~.gCp~ in the year 2008 before me, the undersigned, personally appeared Scott A. R~sserl personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. No~ry'Public~ Record & Return To: The Nature Conservancy Attn: Legal Department 195 New Kamer Road Albany, New York 12205 State of New York ) .... ER NOTARY P~J:: 't:,ta of New York LINDA J c;uur' ..... vino 01CO4~,i f_ofk Couilty ) UBLIC, State o~ p~uw ,~,,.' County of ) Term Expires December 81,20~ On the~q day of June in the year 2008 before me, the undersized, personally appeared Shauna M. DeSantis personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument ~d ac~owledged to me that s/he executed the same in her~is capacity, and that by her/his si~ature on the instrument, the individual, or the person upon behalf of ;vhich the individual acted, executed the instrument. · - -'.. o1KO602az/* OU~fi~mn ~Y~'- "~ c~mission Expires ~pn, · , Stewart Title Insurance Company TitleNo: ST-S-9128 Schedule A Description (AMENDED 3/24/08) As to Lot 18: ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of S outhold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the apparent h/gb water mark of Pipes Cove said point being the followiug sevon (7) courses and distances flora the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to thc left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3~ South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a point; 4. South 20 degrees 44 minutes 04 seconds West, 50.00 feet to a point; 5. South 51 degrees 50 minutes 56 seconds East. 107.51 feet to a point and the apparent high water mark of Pipes Cove; 6. Theuce continuing along the apparent high water mark of Pipes Cove, South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to the true point of BEGINNING. TIIENCE continuing along the apparent high water mark of Pipes Cove and Pipes Neck Creek the following twenty six (26) courses and distances: I. South 20 degrees 35 minutes 18 seconds West, 214.53 feet to a point; 2. South 16 degrees 10 minutes 01 seconds West, 228.84 feet to a point; 3. South 36 degrees 28 minutes 29 seconds West, 78.69 feet to a point; 4. South 52 degrees 15 minutes 05 seconds West, 295.65 feet to a point; 5. South 40 degrees 14 minutes 05 seconds West, 151.86 feet to a point; 6. South 25 degrees 37 minutes 15 seconds West, 81.02 feet to a point; 7. South 61 degrees 05 minutes 04 seconds West, 127.51 feet to a point; 8. North 86 degrees 30 minutes 10 seconds West, 89.35 feet to a point; 9. South 79 degrees 51 minutes 24 seconds West, 70.16 feet to a point; I0. North 57 degrees 19 minutes 36 seconds West, 83.55 feet to a point; 11. North 41 degrees 41 minutes 05 seconds East, 47.51 feet to a point; 12. North 25 degrees 14 minutes 16 seconds West, 31.17 feet to a point; 13. South 77 degrees 12 minutes 05 seconds East, 214.43 feet to a point; 14. North 47 degrees 44 minutes 29 seconds East, 74.87 feet to a point; 15. North 15 degrees 39 minutes 10 seconds East, 52.97 feet to a point; 16. North 48 degrees 23 minutes 03 seconds West, 47.00 feet to a point; 17. North 12 degrees 28 minutes 43 seconds West, 55.79 feet to a point; 18. North 08 degrees 36 minutes 08 seconds East, 86.23 feet to a point; 19. North 64 degrees 10 minutes 16 seconds West, 54.96 feet to a point; 20. North 82 degrees 22 minutes 11 seconds West, 58.49 feet to a point; 21. North 37 degrees 32 minutes 40 seconds West, 84.60 feet to a point; 22. North 03 degrees 19 minutes 23 seconds East, 85.83 feet to a poinl; 23. NorO~ 26 degrees 10 minutes 22 seconds East, 315.55 feet to a point; 24. North 41 degrees 33 minutes I 1 s n0s East, 10q.65 fcct t0 a point; 25. North 52 degrees 39 minutes 00 seconds East, 144.81 f~t to a point; 26. North 33 degrees 59 minutes 29 seconds East, 65.58 feet to a point; THENCE South 69 degrees 24 minutes 38 seconds East, 410.24 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. PRIVATE GRANT AGREEMENT Accountin,q Information TNC Center No: 2320219'185 Subcenter: -0019 TNC Account No: June 27, 2008 Town of Southold Scott A. Russell, Supervisor 53095 Route 25, P.O. Box 1179 Southold, New York 11971 Re: Grant No.: FY08SoutholdStackler062708 Dear Supervisor Russell, We are very pleased to inform you that The Nature Conservancy (the "Conservancy") has agreed to make this Grant to The Town of Southold ( the "Town") in the amount not to exceed $325,000. The grant is made pursuant to the attached Notice of Grant Agreement which will be recorded by the Town in the appropriate County Clerk's Office. I. OBJECTIVE AND CONDITIONS The purpose of this Grant is to fund 32.6% of the cost of the purchase by the Town of Southold of the 10.256 acre Squirrel Island Property in Pipe's Cove, Greenport, NY, (hereinafter the "Property") for conservation and passive recreation purposes and pursuant to the Town's Community Preservation Fund Program. The Town acknowledges that the Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-term conservation of open space, wildlife habitat, preserving the Peconic Estuary watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any actMty on, or use of, the Property that is inconsistent with these purposes and shall restore such areas or features of the Property that may be damaged by any inconsistent activity or use. The Town acknowledges and agrees that the Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the Property to ensure that the Property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of The Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Property for conservation purposes, and the restrictions contained herein are extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of The Conservancy: either (1) acquire title to another parcel of real properly of equal value that serves the same or similar purpose as the original property and manage the newly acquired real property for same or similar purposes specified in the original Grant Agreement, er (2) repay The Conservancy, in cash, its proportionate share of funds invested (The Conservancy's proportionate share is hereby determined to be 32.6% of the total) in the original purchase price, or repay the Conservancy, in cash, its proportionate share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third-party designated or approved by The Conservancy. II. TERM The start date of this Grant is July 3, 2008 and shall remain in effect pursuant to the terms and conditions of this Agreement. III. REPORTING The Town shall submit to The Nature Conservancy on Long Island a recorded fully executed copy of the attached Notice of Grant Agreement and the recorded deed for the Property. IV. PAYMENTS A one time disbursement in full of $325,000 will be made on or about July 3, 2008. V. EXPENDITURE LIMITED TO DESIGNATED PURPOSES Grant funds may be spent only for the purpose of acquiring the Property. Expenditure of Grant funds is subject to modification only with the Conservancy's prior written approval. Any Grant funds not expended or committed for the purposes of this Grant must be returned to the Conservancy. The Conservancy and the Town of Southold have previously agreed, as set forth in Town Board Resolution #770 of 2004 dated 10/19/04 to work together on a management plan for the entire Pipe's Cove Area, including the Squirrel Island Property after it has been placed in Town ownership. The Conservancy may monitor and evaluate the Property to insure that it is being managed for the purposes agreed to in the attached Notice of Grant Agreement. This may include visits by Conservancy personnel and agents to the Property, discussions with the Town's personnel, and review of financial and other records and materials related to the purchase of the Property, financed in part by this Grant, in an effort to determine whether the Town's activities meet the Conservancy's funding objectives. VI. PROVIDING FUNDS TO OTHERS The Town is prohibited from using the Conservancy's funds and/or assets for grants to others without the Conservancy's written permission. VII. DISCLOSURE OF INTERNAL CONFLICTS OF INTEREST The Town must disclose to the Conservancy any proposed use of funds and/or assets for activities in which there is an apparent or actual conflict of interest between the Town and its employees, board members, or close relatives of the Town's employees or board members and make such expenditure subject to prior Conservancy approval.; VIII. PROCUREMENT The Town will follow its own policies with regard to documentation of closing and maintain that documentation in their organization's files. IX. RECORDS AND AUDITS The Town agrees to maintain books, records, documents and other evidence pedaining to all costs and expenses incurred in connection with the acquisition of the Property. These records shall be maintained for a period of three years after the final expenditure repod is submitted. The Conservancy and its auditors (internal and external) will have access to all records relating to the award for three years after the final financial and programmatic reports for the award have been submitted to the Conservancy, unless local law requires a longer retention period. X. SEGREGATION OF COSTS The Town will segregate the costs of the project described herein from other projects that it currently administers. Xl. JUSTIFICATION OF SALARY EXPENSES N/A Xll. TITLE TO AND USE OF PROPERTY Title to any property purchased with Award funds vests in the Town. XlV. ACKNOWLEDGMENTS The Town agrees to acknowledge the Conservancy's support of the project on appropriate media announcements, programs and publications. XV. ASSIGNMENT This Award may not be assigned by the Town in whole or in part without the prior written consent of the Conservancy. XVl. NO AGENCY No legal partnership or agency is established by this Award. Neither party is authorized or empowered to act as an agent, employee or representative of the other, nor transact business or incur obligations in the name of the other party or for the account of the other party. Neither party shall be bound by any acts, representations, or conduct of the other. XVll. LIABILITY The Town shall be solely responsible for the payment of any and all claims for loss, personal injury, death, property damage, or otherwise, arising out of any act or omission of its employees or agents in connection with the acquisition of the Property. The Town agrees to indemnify and hold the Conservancy harmless from any and all claims, loss, damages, costs and expenses, including attorney fees through the appellate levels, made against or incurred by the Conservancy arising out of this acquisition performed by the Town under this Award, or arising out of any act or omission of the Town. XVIII. USE OF CONSERVANCY NAME/LOGO The Town may not use the Conservancy's logo in any way without prior written consent from the Conservancy with the exception of acknowledgement the Conservancy's support of the project on appropriate media announcements, programs and publications. XlX. TAXES The Town agrees to be responsible for any and all filing and payment of taxes and for compliance with any and all provisions and requirements arising under any applicable tax laws. Neither federal, nor state, nor local income tax, nor payroll tax of any kind shall be withheld or paid by the Conservancy on behalf of the Town, or employees of the Town. If appropriate, the Conservancy shall report all fees paid to the Town to the IRS on Form 1099. XXIV. COMPLIANCE WITH LAWS The Town represents, warrants, and agrees that, in connection with the transactions contemplated by this Award: (a) the Town shall obtain, at its own expense (except to the extent otherwise explicitly stated in this Award) any permits or licenses required for the Town's services under this Award; and (b) the Town shall comply with all statutes, laws, ordinances, rules, regulations, court orders, and other governmental requirements of the United States, the State of New York and any other jurisdiction(s) in which the Town is organized or authorized to do business, including but not limited to any applicable anti-bribery statutes, which are applicable to the work to be done by the Town under this Award (in each case, an "Applicable Law"). The Town shall not take any actions that might cause the Conservancy to be in violation of any of such Applicable Laws. XXV. CERTIFICATION FOR CONFLICT OF INTEREST DETERMINATION The Town certifies that the information it has provided on the Attachment entitled "Disclosure Form" is true and correct to the best of the Town's knowledge. In the event that any material misrepresentation in the Disclosure Form is discovered during the term of this Award, the Conservancy may elect to declare this Award null and void and immediately terminate it. Notice of termination shall be given to The Town's address listed on page 1. XXVIII. CHOICE OF LAW/FORUM This Award shall be interpreted, construed and governed by the laws of New York and such laws of the United States as may be applicable, in the event of any litigation over the interpretation or application of any of the terms or provisions of this Award, the Conservancy and the Town agree that litigation shall be conducted in the State of New York. XXlX. BINDING EFFECT/AMENDMENTS This Award shall become binding when signed by the parties. This Award supersedes all prior or contemporaneous communications and negotiations, both oral and written and constitutes the entire Award between the parties relating to the work set out above. No amendment shall be effective except in writing signed by both parties. XXX. SEVERABILITY If any provision of this Award is held invalid, the other provisions shall not be affected thereby. TOWN OF S~HOLD By: Scott A. Russell Its: Town Supervisor THE NATURE CONSERVANCY By: Shauna M. DeSantis Its: Attorney/Assistant Secretary Date: 7- ~,- ~o¢ Date: EXHIBIT A Notice of Grant Agreement June 27, 2008 The Town of Southold, a municipal corporation with principal offices at Southold Town Hall, 53095 Main Road, Southold, New York, and its successors and assigns (hereinafter referred to as the "Town") acknowledges that the property described in Schedule A attached hereto, further identified as Suffolk County Tax Map Parcel Number: 1000-053- 00-01-00-018-000 (10.256 acres), (hereinafter "the Squirrel Island Property"), is acquired in part with a $325,000.00 grant from The Nature Conservancy, Inc. (hereinafter called the "Conservancy"), a non-profit corporation incorporated under the la~vs of the District of Columbia, having its headquarters at 4245 North Fairfax Drive, Arlington, Virginia 22203 and maintaining a New York State office at 195 New Kamer Road, Albany, New York 12205. The Town acknowledges that the Squirrel Island Property, which is the subject of this Notice of Grant Agreement, is acquired for the purpose of long-term conservation of open space, wildlife habitat, preserving the Peconic Estuary watershed including its fresh and tidal wetlands and natural shorelines and these multiple, interrelated land and water features. The Town shall prevent any activity on, or use of, the Squirrel Island Property that is inconsistent with these purposes and shall restore such areas or features of the Squirrel Island Property that may be damaged by any inconsistent activity or use. The Town ackno~vledges and agrees that the Squirrel Island Property shall be administered for the long-term conservation of said lands and the wildlife, hydrology and open space resources dependent thereon. The Town further acknowledges and agrees that it is responsible for exercising sufficient control over the property to ensure that the property is used and will continue to be used in perpetuity for the purposes for which it is acquired and that the property may not be conveyed or encumbered, in whole or in part, to any other party or for any other use, whatsoever, without the written consent of the Conservancy. When a change in conditions takes place which makes impossible or impractical any continued protection of the Squirrel Island Property for conservation purposes, and the restrictions contained herein are extinguished either by mutual written agreement between the Town and the Conservancy or by judicial proceeding, or the Squirrel Island Property is taken in an exercise of eminent domain, the Town shall, with the prior written consent of the Conservancy: either (1) acquire title to another parcel of real property of equal value that serves the same or similar purpose as the original property and manage the newly acquired real property for same or similar purposes specified in the original Grant Agreement, or (2) repay the Conservancy, in cash, its proportionate share of funds invested in the original purchase price (The Conservancy's proportionate share is hereby determined to be 32.6% of the total), or repay the Conservancy, in cash, its proportionate share of the current fair market value of the property, or any portion thereof, whichever is higher, or (3) as a last resort, if agreed to by the Conservancy, transfer the subject property to the Conservancy or to a third- party designated or approved by the Conservancy. IN WITNESS WHEREOF, the Town of Southold and The Nature Conservancy, Inc. have set their hand and seal on the dates set forth below. Town of Southold The Nature Conservancy, Inc. By: By:. Scott A. Russell Town Supervisor Shauna M. DeSantis Assistant Secretary State of New York ) ).SS.: County of ) On the day of 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 whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public State of New York ) County of ) On the day of June in the year 2008 before me, the undersigned, personally appeared Shauna M. DeSantis personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that s/he executed the same in her/his capacity, and that by her/his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Record & Return To: The Nature Conservancy Attn: Legal Department 195 New Kamer Road Albany, New York 12205 Notary Public 05/20/2008 15:17 ' 0G/2072008 15:10 6313298215 NATURE CONSERVANCY 83~785~840 LAND PEEg PAGE 85/08 Stewart Title Insurance Company Schedule A Description (A~EENDED 3/~4/08) Lot tS: ALL that ccrta~t plot, piece or pa'eel of l~d with the build r~gs m'~d im~ov~ mcn~ ~n ~ slate, I~g ~d b~ng at ~po~ To~ of Southol~, Coun~ ot Su~o~ ~d Stye of N~ York, more p~i~l~ly bo~d~ ~d des~bcd ~ follows: BEGINNING al a point along the apparent high water mark of Pipes Cove ~aicl point being the following seven (7). oours~q and dlslances f,'oni the intersection of thc W~ ~erly side of Silvermere Road with ~e Southerly side of Shor~ Drive; 1. Along thc arc cfa curve to the left havlag a radius of 2,782.00 feet and a length ~ f506.5g feet to · poling :2. South 06 degree.g l 0 minutes 06 sm Ea.qt, 732.70 foet to a point; South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a pnim; 4. South 20 degrc,~ 44 minut~ 04 seconds W~st, 50.00 fret to a point; 5. South 51 degrees 50 minutes 56 zeooads E~t, 107.51 feet to a point and thc app~ rant high water mark of Pipes Cove; Thence conti~alng along the apparent h~gh weter mark of Pipes Cove, South 35 (~ ¢gtee~ 39 minutes 35 .qeeends We~t, 96.29 feet to a point; 7. Scud, ~0 degrees 35 minutes 18 seconds W~t, 165,82 £~t to the true point of BI :GINNII~G, THENCE continuing along the apparent high waicr mark of Pipes Cove md Pipes Neck Cr~k the following twenty six (26) cour~e,~ ~d distances: South 20 degrees 35 mioutes 18 seconds We~, 214.53 feet to a point; 06/20/2008 15:17 6313290215 NATURE CONSERVANCY PAGE 86/00 2. South 16 d~ec~ 10 minute~O1 senonds W~t, 228.84 f~t to npoint~ 3, South 36 de~ ~ ~ 29 s~ W~ 7~.69 f~ to ~ point; 4. Sout~ 52 d~ 15 mlnu~ 05 s~on& W~ 295.65 f~ ~ 5, 5omh 40 de~e~ 14 m~u~ 05 s~& W~t, 151.86 fe~ ~ a ~int; 6. So~th 25 ~e~ 57 ~ut~ 15 s~ads We~, 81.02 f~ ~ a 7. South 61 de~s 05 ~in~ ~ sc~n~s W~ ]27.51 fe~ to n point; 8. No~h 86 de~s 30 ~au~ 10 ~nds W~t, 89,35 f~ct to a point; 9. $ou~ 79 de~ees 51 ~nut~ 24 ~n~ West, 70.16 ~t to a point; I0. NoRh 57 de~ 19 minutes 36 s~nd5 We~ 83.55 ~et ~ a po{uR 11. No~ 41 d¢~ 4l minMes 05 ae~n~ E~, 47.5[ f<t to a point; ] 2. No~ ~ de~ 14 m~u~ 16 ~e~nd$ W~t, 3 I.~ 7 ~eet to a point; 13. Sou~ 77 de~ 12 minutes 05 se~nds ~ 214.4~ f~t t~ a point; 14. No~h 47 do~s ~ miuut~ 29 s~nda ~t, 74.g7 fa~ to 15. NoRh 1 ~ de~ 39 mMut~ l0 s~nds R~t, 5Z.97 feet to a 16. NoRh ~8 d~e~ ~3 minut~ 03 s~nds W~t, A7.~ feet to a point; 17. No~ 12 de~s 28 mMuies 43 s~on~ W~I 35.~ f~ to a ~int; 18, N~h 08 de~s 30 minutes 08 s~n~ ~t 86.23 f~t to a poMt; 19. N~b fi4 d~ 10 minut~ 16 sounds West, 54.96 feet to a point; 20, No~ 8~ de~s 2~ mJBmm 11 secon~ W~, 58.49 fe~ to a point; 21, No~h 37 de~e~ 32 minme* 40 *~nds W~t, 84.~ fe~ to a point; 22. No~lx 03 dc~cs 19 minutes 23 ~nd$ East, 85.8~ ~t to a point; 23, No~ 26 dc~s I 0 minutes 22 s~con~ ~st, 3 } 5.55 fe~t to 24, NoHh 41 d~ 33 minutes II s~da ~a, 164,0~ ~t0 a point; 0G/20/2008 15:17 GB13250215 NATURE CONSERVANCY PAGE 0?/00 ~/~0/~008 1~:10 G~175~66~0 LAND ~ ~A~E 07 25. North 52 dc~s 39 minut~ 00 ~e, conds East, 144.gt fe~t. to a ~in~ 26. ~o~h 33 dc~s 59 min~ 29 ~nds ~ 65.5~ f~ m a pai~t~ T~EN~ ~o~ 69 de~s 24 ~nU~cS 38 se~s B~t, 410.24 f~t ~ th~ point or pla~ of BEG~N~G. Togeth~ ~th a~ e~m~t ov~ Shore ~ve ~ l~d o~t ~ Map of Or~ Sh~ ~ t0 ~c ~re~t p~bI{c way. N 0 A A C E L C P G R A N T Page I of 1 Spiro, Melissa From: Doroski, Melanie Sent: Monday~ October 19, 2009 9:53 AM To: Spiro, Melissa Subject: FW: Stackler grant From: Cushman, 3ohn Sent: Monday, October 19, 2009 9:48 AM To: Dorosld, Melanie Subject: RE: Stackler grant Subject: 5ta¢lder grant 63~-765-57u 1 O/19/2009 RESOLUTION 2009-774 ADOPTED DOC ID: 5290 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-774 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 22, 2009: WHEREAS, pursuant to a Grant Agreement NA08NOS4190479 entered into between the Town of Southold and the National Oceanic and Atmospheric Administration in which the Town will be provided with financial support fi.om the Coastal and Estuarine Land Conservation Program (CELCP) for the Town's acquisition of the properties formerly and more commonly known as the "Stackler" properties (SCTM #1000-45.-5-7.1 & 7.2, 1000-47.-2-33 & 34, and 1000-53.-1- 18). Said properties will be maintained in perpetuity for conservation purposes and consistent with any other purposes identified in the Grant Agreement. The Town confirms its obligations with regard to these properties and the terms of the Grant Agreement, and acknowledges that it may not dispose of, exchange, encumber its title or other interest in, or convert the use of the properties without the approval of the National Oceanic and Atmospheric Administration or its successor agencies; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute a Notice of Grant Agreement and Deed Restrictions on proper .ty formerly and more commonly known as the "Staekler" properties {SCTM #1000-45.-5-7.1 & 7.2~ 1000-47.-2-33 & 34~ and 1000-53.-1-18} that were acquired by the Town pursuant to Grant Agreement NA08NOS4190479 between the Town of Southold and the National Oceanic and Atmospheric Administration - Coastal and Estuarine Land Conservation Program funds. Upon its execution, said Notice of Grant Agreement and Deed Restrictions will be forwarded to the Office of the Suffolk County Clerk for recording purposes. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [IJNANIMOUS1 MOVER: William Ruland, Councilman Board Meeting of September 22, 2009 SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell COUNTY CLERK'S OFFICE STATE OF NEW yoRK COUNTY OF SUFFOLK CC #: C09-42762 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original AGREEMENT recorded in my office on'1011912009 under Liber D000'12603 and Page 478 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this '10/'1912009 SUFFOLK COUNTY CLERK JUDITH A. PA$CAL~: SEAL SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: AGREEMENT Number of Pages: 11 Receipt N,,mher : 09-0120367 TRANS~'.:R TAX NUMBER: 09-06456 Recorded: At: Deed Amount: LIBER: PAGE: District: Section: Block: 1000 045.00 05.00 ORT~.GE TJ~N~tBER: DA034905 EXAMINED AND CHARGED AS FOLLOWS $0.00 Received the Following Fees For Above Exempt InstrUment Page/Filing $55.00 NO Handling COE $5.00 NO NYS SRCHG Affidavit $0.00 NO TP-584 Notation $0.00 NO Cert. Copies RPT $30.00 NO Transfer tax Comm. Pres $0.00 NO Mort. Basic Mort.Addl $0.00 NO Mort. SplAddl Mort. SplAsst $0.00 NO Fees Paid TRANSFER TAX NUMBER: 09-06456 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County lO/19/2oo9 04:28:05 PM D00012603 478 Lot: 007. 003 Exempt $20.00 NO $15.00 NO $5.00 NO $7.15 NO $0.00 NO $0.00 NO $0.00 NO $137.15 .Numbero~pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage instrument Page / Riling Fee Handling _. TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T_~,. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 4 I Dist. j~' Real Property Tax Service Agency, Verification 20, O0 RECORDED 2009 Oct 19 04:28:05 PM Judith R. Pascale sOFFOLK COUI~ L D0g0t2603 p 478 ~,49~ DT# 09-06456 FEES SubTotal 15. O0 SubTotal_ 1000 04500 0500 007003 ~ses Ust Property Owne~ddress R~CORD & ]~ETTJ~,N TO: ~.o. ESox ~x'~~, Recording / Filing Stamps Mortgage Amt. _. 1. Basic Tax 2. Additional Tax. Sub Total Spec/AssR. or Spec./Add. TOT. MTG. TAX. Dual Town. Dual County Held for Appointment ~ Transfer Tax Mansion Tax 11~e property covered by this mortgage is or wtU be Improved by a one or two famlJy dwelling only. YES. or NO If NO, see appropriate tax clause on page # of this Instrument. 5 j Community Preservation Fund ..Consideration Amount $ CPF Tax Due Improved_ Vacant Land Mail to: Judith A. Pascale, Suffolk County Clerk itle COmpany Inform~afion 310 Center Drive, Riverhead, NY 11901 ~~[.~. ~-~ www-suffolkcountyny.gov/clerk , ~~~1~ ~. ' -':--- - Suffolk Cou_EE Recording & Endorsement Pa_g This page forms part of t[he attached ~:~J~C~ by: (SPECIFY 'lYpE OF INSTAlmENT) _~_Z_Z_Z_Z_Z_Z_Z_~ O~ ~.,J~.,~, ~ The premises herein b situated in ~- SUFFOLK COUNTY, NEW YORK. TO ,n the TOWN of _ In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN ~LACK INK ONLY PRIOR TO RECORDING OR FLUNG. NOTICE OF GRANT AGREEMENT AND DEED RESTRICTIONS The Town of Southold is the owner of certain pieces or parcels of land located in the Town of Southold, County of Suffolk, State of New York, more particularly described in Exhibit A attached hereto and made part hereof (the "Property"). Notice is hereby given that the Town of Southold acquired the property with Coastal and Estuarine Land Conservation Program funds pursuant to Grant Agreement NAONOS4190479 between the National Oceanic and Atmospheric Administration and the Town of Southold, copies of which are kept at the National Oceanic and Atmospheric Administration offices, 1305 East-West Highway, Silver Spring, Maryland 20910 and Town of Southold, Town Hall, 53095 Route 25, P.O. Box 1179, Southold, New York 11971. The purpose of the Grant Agreement was to support the Town of Southold in the acquisition of the Property, which must be maintained in perpetuity for conservation purposes and consistent with any other purposes identified in the Grant Agreement. The Town of Southold hereby confirms its obligations with regards to the property and the terms of the Grant Agreement, and acknowledges that it may not dispose of, exchange, encumber its title or other interest in, or convert the use of the Properties without the approval of the National Oceanic and Atmospheric Administration or its successor agencies. In witness whereof the Town of Southold has set its hand and seal this ~day of~ 20o_~. By: Name: Scott A. Russsell Title: Town Supervisor STATE OF COUNTY OF On this ~0 day of ~ 20~ before me personally appeared.fo~4+/~, t{,.~.~e~/to me personally ~om, whd, being by me duly sworn did say ~at ~is ~e~~e co¢oration nmed in ~e foregoing ins~ent; ~at ~e seal affixed to sai~ins~ent is ~e co¢oration seal of s~d co~oration; ~d ac~owledged said ins~ent to be ~e free act ~d deed of s~d co¢oration. ~ [~ ~. No~y Pu¢~ ~ My co~isslon expires: BONHIEJ. DORO$~ No~ Public, S~ Of N~ ~ No. 0]D06095328, S~lk ~un~ Tern ~piresJu~ 7, 20 ~ , Stewart Title Insurance Company Title No: ST-S-9128 Schedule A Description (AMENDED 3/24/08) As to 1000-45.-5-7.1 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk, and The State of New York, known and designated as lots 26-74 inclusive on a certain map entitled, "Map of G-reenport Shores, Section One" and filed in the Office of the Clerk of the County of Suffolk on June 29th, 1950 as Map No. 1759 and a described piece adjacent thereof, said lots and described parcel when taken together being more particularly bounded and described as follows: BEGINNING at a point at the Northwesterly comer of Shore Drive, said point being along the arc of a curve to the left with a radius of 2,832.00 feet and a length of 569.00 feet from the intersection of the Westerly side of Silvermere Road with the Northerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 140.61 feet to a point and the Northeast comer of Franklin Avenue; THENCE along the Northerly, Westerly and Southerly sides of Franklin Avenue the following three (3) courses and distances: 1. Along the arc ora curve to the left with a radius of 2,707.00 feet and a length of 646.28 feet to a point; 2. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 3. Along the arc of a curve to the right with a radius of 2,657.00 feet and a length of 607.72 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive South 06 degrees 10 minutes 06 seconds East, 284.61 feet to a point and the Northeasterly comer of Walter Avenue; THENCE along the Northerly, Westerly and Southerly sides of Walter Avenue the following five (5) courses and distances: 1. South 83 degrees 49 minutes 54 seconds West, 123.16 feet to a point; 2. South 42 degrees 10 minutes 44 seconds West, 321.25 feet to a point; 3. South 47 degrees 49 minutes 16 seconds East, 50.00 feet to a point; 4. North 42 degrees 10 minutes 44 seconds East, 302.23 feet to a point; 5. North 83 degrees 49 minutes 54 seconds East, 104.15 feet to a point along the Westerly side of Shore Drive; THENCE along the Westerly side of Shore Drive the following three (3) courses and distances: 1. South 06 degrees 10 minutes 06 seconds East, 210.22 feet to a point; 2. South 38 degrees 09 minutes 04 seconds West, 837.30 feet to a point; 3. South 20 degrees 44 minutes 04 seconds West, 41.97 feet to a point; THENCE South 51 degrees 50 minutes 56 seconds East, 159.91 feet to the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 2. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to a point; THENCE North 69 degrees 24 minutes 38 seconds West, 410.24 feet to a point and the apparent high water mark of Pipes Neck Creek; THENCE along the apparent high water mark the following eight (8) courses and distances: 1. North 33 degrees 59 minutes 29 seconds East, 23.43 feet to a point; 2. North 09 degrees 32 minutes 40 seconds East, 133.32 feet to a point; 3. North 24 degrees 04 minutes 16 seconds West, 96.55 feet to a point; 4. North 06 degrees 58 minutes 34 seconds West, 126.95 feet to a point; 5. North 48 degrees 59 minutes 37 seconds West, 53.25 feet to a point; 6. North 69 degrees 41 minutes 54 seconds West, 92.83 feet to a point; 7. North 05 degrees 42 minutes 13 seconds West, 234.37 feet to a point; 8. North 85 degrees 21 minutes 17 seconds West, 24.06 feet to a point along the Southerly side of The Long Island Railroad (M.T.A.); THENCE along the Southerly side of The Long Island Railroad (M.T.A.) the following four (4) courses and distances: 1. North 42 degrees 10 minutes 44 seconds East, 254.05 feet to a point; 2. South 47 degrees 49 minutes 15 seconds East, 16.50 feet to a point; 3. North 42 degrees 10 minutes 44 seconds East, 405.26 feet to a point; 4. Along the arc of a curve to the right with a radius of 2,832.00 feet and a length of 742.00 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. (AMENDED 3/24/08) As to 1000-45.-5-7.2 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at the intersection of the Northerly side of Shore Drive with the Westerly side of Silvermere Road; THENCE along the Westerly side of Silvermere Road South 02 degrees 02 minutes 10 seconds West, 53.47 feet to a point; THENCE along the arc of a curve to the left with a radius of 2,782.00 feet and a length of 506.58 feet to a point; THENCE South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West, 700.00 feet to a point; THENCE South 38 degrees 09 minutes 04 seconds West 150.00 feet; THENCE South 20 degrees 44 minutes 04 seconds West 50.00 feet; THENCE North 51 degrees 50 minutes 56 seconds West, 52.40 feet; THENCE North 20 degrees 44 minutes 04 seconds East, 41.97 feet; North 38 degrees 09 minutes 04 seconds East 837.30 feet to the West side of Shore Drive; THENCE North 06 degrees 10 minutes 06 seconds West along the West side of Shore Drive 210.22 feet to the south side of Walter Avenue; THENCE along the Southerly, Westerly and Northerly side of Walter Avenue; 1. South 83 degrees 49 minutes 54 seconds West 104.15 feet; 2. South 42 degrees 10 minutes 44 seconds West 302.23 feet; 3. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 4. North 42 degrees 10 minutes 44 seconds East 321.25 feet; 5. North 83 degrees 49 minutes 54 seconds East 123.16 feet to the West side of Shore Drive; THENCE along the Westerly side of Shore Drive North 06 degrees 10 minutes 06 seconds West 284.61 feet to the South side of Franklin Avenue; THENCE along the Southerly, Westerly and Northerly sides of Franklin Avenue; 1. Westerly along an arc of curve which bears to the left having a radius of 2,657.00 feet a distance of 607.72 feet; 2. North 47 degrees 49 minutes 16 seconds West 50.00 feet; 3. Easterly along an arc of a curve which bears to the right having a radius of 2,707.00 feet a distance of 646.28 feet to the Westerly side of Shore Drive; THENCE along the Westerly and Northerly side of Shore Drive; 1. North 06 degrees 10 minutes 06 seconds West 140.61 feet; 2. Easterly along an arc of curve which bears to the right having a radius of 2832.00 feet a distance of 569.00 feet to the point or place of BEGINNING. Being and intending to be Shore Drive and an adjacent parcel, Walter Avenue and Franklin Avenue as shown on Map of Greenport Shores, Section One and filed in the Office of the Clerk of the County of Suffolk on June 29th, 1950 as Map No. 1759 and not abandoned of record and subject to rights of others over said roads. TOGETHER with all right, title and interest of the party of the first part, in and to the land lying in the street in front of and adjoining said premises. (AMENDED 3/24/08) As to 1000-47.-2-33 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point on the Southerly side of Shore Drive Extension, said point being the following three (3) courses and distances from the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 700.00 feet to the tree point of BEGINNING; THENCE South 51 degrees 50 minutes 56 seconds East, 108.50 feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove the following two (2) courses and distances: 1. South 56 degrees 37 minutes 53 seconds West, 54.02 feet to a point; 2. South 38 degrees 28 minutes 02 seconds West, 48.77 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 91.11 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension North 38 degrees 09 minutes 04 seconds East, 100.00 feet to the point or place of BEGINNING. Together with an easement and right of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. (AMENDED 3/24/08) As to 1000-47.-2-34 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the Southerly side of Shore Drive Extension said point being the following three (3) courses and distances from the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 800.00 feet to the tree point of BEGINNING; THENCE South 51 degrees 50 minutes 56 seconds East, 91.11 feet to a point along the apparent high water mark of Pipes Cove; THENCE along the apparent high water mark of Pipes Cove South 20 degrees 21 minutes 04 seconds West, 102.62 feet to a point; THENCE North 51 degrees 50 minutes 56 seconds West, 107.51 feet to a point along the Southerly side of Shore Drive Extension; THENCE along the Southerly side of Shore Drive Extension the following two (2) courses and distances: I. North 20 degrees 44 minutes 04 seconds East, 50.00 feet to a point; 2. North 38 degrees 09 minutes 04 seconds East, 50.00 feet to the point or place of BEGINNING. Together with an easement and fight of way over Shore Drive as laid out on Map of Greenport Shores to the nearest public highway. (AMENDED 3/24/08) As to 1000-53.-1-18 ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Greenport, Town of Southold, County of Suffolk and The State of New York, more particularly bounded and described as follows: BEGINNING at a point along the apparent high water mark of Pipes Cove said point being the following seven (7) courses and distances from the intersection of the Westerly side of Silvermere Road with the Southerly side of Shore Drive; 1. Along the arc of a curve to the left having a radius of 2,782.00 feet and a length of 506.58 feet to a point; 2. South 06 degrees 10 minutes 06 seconds East, 732.70 feet to a point; 3. South 38 degrees 09 minutes 04 seconds West, 850.00 feet to a point; 4. South 20 degrees 44 minutes 04 seconds West, 50.00 feet to a point; 5. South 51 degrees 50 minutes 56 seconds East, 107.51 feet to a point and the apparent high water mark of Pipes Cove; 6. Thence continuing along the apparent high water mark of Pipes Cove, South 35 degrees 39 minutes 35 seconds West, 96.29 feet to a point; 7. South 20 degrees 35 minutes 18 seconds West, 165.82 feet to the true point of BEGINNING. THENCE continuing along the apparent high water mark of Pipes Cove and Pipes Neck Creek the following twenty six (26) courses and distances: 1. South 20 degrees 35 minutes 18 seconds West, 214.53 feet to a point; 2. South 16 degrees 10 minutes 01 seconds West, 228.84 feet to a point; 3. South 36 degrees 28 minutes 29 seconds West, 78.69 feet to a point; 4. South 52 degrees 15 minutes 05 seconds West, 295.65 feet to a point; 5. South 40 degrees 14 minutes 6. South 25 degrees 37 minutes 7. South 61 degrees 05 minutes 05 seconds West, 151.86 feet to a point; 15 seconds West, 81.02 feet to a point; 04 seconds West, 127.51 feet to a point; 8. North 86 degrees 30 minutes 10 seconds West, 89.35 feet to a point; 9. South 79 degrees 51 minutes 24 seconds West, 70.16 feet to a point; 10. North 57 degrees 19 minutes 36 seconds West, 83.55 feet to a point; 11. North 41 degrees 41 minutes 05 seconds East, 47.51 feet to a point; 12. North 25 degrees 14 minutes 16 13. South 77 degrees 12 minutes 05 14. North 47 degrees 44 minutes 29 15. North 15 degrees 39 minutes 10 seconds West, 31.17 feet to a point; seconds East, 214.43 feet to a point; seconds East, 74.87 feet to a point; seconds East, 52.97 feet to a point; 16. North 48 degrees 23 minutes 03 seconds West, 47.00 feet to a point; 17. North 12 degrees 28 minutes 43 seconds West, 55.79 feet to a point; 18. North 08 degrees 36 minutes 08 seconds East, 86.23 feet to a point; 19. North 64 degrees 10 minutes 16 seconds West, 54.96 feet to a point; 20. North 82 degrees 22 minutes 11 seconds West, 58.49 feet to a point; 21. North 37 degrees 32 minutes 40 seconds West, 84.60 feet to a point; 22. North 03 degrees 19 minutes 23 seconds East, 85.83 feet to a point; 23. North 26 degrees 10 minutes 22 seconds East, 315.55 feet to a point; 24. North 41 degrees 33 minutes 11 seconds East, 164.65 feet to a point; 25. North 52 degrees 39 minutes 00 seconds East, 144.81 feet to a point; 26. North 33 degrees 59 minutes 29 seconds East, 65.58 feet to a point; THENCE South 69 degrees 24 minutes 38 seconds East, 410.24 feet to the point or place of BEGINNING. Together with an easement over Shore Drive as laid out on Map of Greenport Shores to the nearest public way. stewart title CERTIFICATE OF ACKNOWLEDGMENT Pursuant to RPL 309-a (Within NYS) STATE OF NEW YORK COUNTY OF '~'u~c-O[['L- SS.: On the .~(~'~ day of ~~ in the year ~ before me, the unde~igned, personally appeared ~o~--~ u ~ { ~ , personally known to me or proved to me on the basis of satisfacto~ evidence to be the individual(s) whose name(s) is (am) 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 pemon upon behalf of which the individual(s) acted, executed the instrument. BOHHI£ J. OOROSKI Hetary Public, State Of NewYork No. 01D06095328, Suffolk Fount/ Term Expires July 7, 20 [ \ . UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE a` OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring, Maryland 20910 6.16.08 MHJUN Ms. Melissa Spiro 2 3 2C'Land Preservation Coordinator Town of Southold 53095 Main Road EPT.OF LAND RESERVATION Southold,NY 1 071 Subject: Projects Selected for FY 2008 CELCP Competitive Funding Dear Ms. Spiro: Congratulations! The Peconic Estuary/Pipe's Cove project proposal,nominated for consideration for FY2008 Coastal and Estuarine Land Conservation Program(CELCP) funds in Fall 2006,has been selected to receive$1;996,822,pending review and approval of a final grant application. To complete the application process, you will need to submit a final grant application to NOAA through Grants.gov by June 20,2008. I will serve as the program officer for this project. The following information explains how to apply for the funds,what information is needed,and special award conditions that apply to these funds. Please review it carefully and contact me as soon as possible if you have any questions regarding the application process or circumstances'of the project itself. Also, please contact me as soon as possible if there have been any significant changes to the scope,timing, or costs of the project from the pre-proposal. SUBM17TING FINAL GBANTAPPLICATIONS: Final grant applications for CELCP funding must be submitted elgsctronically through Grants.gov,the Federal grants application program website. A new non-competitive Federal funding opportunity(FFO) announcement has been set up for projects selected for funding through the FY 2008 CELCP competition. Using the"apply for grants"tab,enter NOS-OCRM-2008-2001351 on the line for Federal funding opportunity number.(Note: Do not use the"search for grants"tab;this FFO is not a competitive announcement and it will not show up in a regular search.) A complete grant application consists of the following materials(see Attachment I for more information on each of the required materials): 1. Standard forms for applications for Federal financial assistance(i.e., SF-424;SF-424A, SF-424B, and CD-511); 2. A Scope of Work/Project Narrative,which consists of the Scope of Work submitted for the competition. The project status should be updated if anything has changed since the pre-proposal,as l 4 ot + ®Printed m Recycled Paper °o-"*r.,,.✓r' W41 as the project timeline,which should incorporate the requested grant period and be fleshed out / with appraprriaate details• J� I A Oadga lY4rrstive"tW describes the overall costs of the project,ft speellkuse(s)of the Cflt�Gp finals,and how the non-Fede lmatch will be met,updated as appropriate tomthe pre prop el. rf another lam"u sition or doaat"ion was proposed as in-kind match,the parcel(&)and oosts should be deswtllecl here, 4. 3te orSerlal Phoflta 13gion Map,and Svrwey Prat for each propettyto be acgoir eft '1a\i� J�.x 5. >het;l P projectt-hWd that was submitted for the competition; - 6. aYAgreenremtxvltl "a aIft Saller forpuM,base of", property; I. dee � �# C3rdw prtoetty to be aaquir $. � l � rif =: prplsal�j3resaated to.tltc l*ecler�(afw�!g�tst�td )' t �YYa flttr aro% 160kl�y baacgSnrridor i s"rne h.apd 9 A X41 aeefor,410 v VA l�brtlsod its rgatnTt Ebr r £eta$>.eog tltG d. cit :1s1rtis. fl !�foteach"ptpp 'at��'��t'� rP�� e a� ill as web id as tttt ' match ifnot all the t7tle ar'stl� a�s��-#�S u4' I t� t '�i tpli.�ita r v ,We'reail Fre t oft to a, Awatxl ysil aepLte llbg mt;tb eooralhcimswi ", a1F dost ttalottto s�tbmtizcd,z �wed nub appro+ed ono£mss citti be"rri, ma to cltamss tb�pa4je?�'a o+ireitatrc�es so we.can ctetemtine wl�t�attirit�p[� �` uti#�`�" itit�t iwadic Itpasible� x glaouldgot close a puntil atier9rlP hss apoved i�r�ta�'rortoi fhe meats alto$ld 'tI*tqI days for ole v of>t d hl�^ aip�tewhtaonpr'Qpe�i�a�thoutfnstS#� � 4 �f'fh " .eintuatiutt�oao�tl3tq�krlsk.i+tOr>;Aeanwrat u�ttsnt�ardlle��i . �dith�c�i�t81f fire projsret.oi"flim syppgitt�g due cliti$elnced4piGfis�sfundto be EvkB$ este atllt4d-thetlt will asst youvitti piepa #g aaaFgtttlioetibrt and o • .�trtwrtlt!a�,�1;'l?asrsz"btu�r1"t3�doeurnezrtsregmued�trste�above�antiotb� rddr,nation ta4 to s+rtsEdit a eonigtS�C�iplicatirm • Aitacttrxaitr.2 ��?�iartiple of a title opitti4n letter; * ,tia�im�it 3� Includes tke list oFstandard Special AwardC,tartd�dsts art nay apply to SCP + AdasCkment 4z Contains a table that will be submitted withyow p4to repo'[that is"usoa acres acoodorprotecte4,by land type,through fire CV CP. final grantapplic applications are due to NOM through Gmamgov by loo :Mg,. lu o 'tu ettpeftdi& approval ,}t3ease.pt atfde*'tZs,of the ap04Mtien pact t't #e r:o►ttside Gmtugo Ptef to subbA fd In Grants4ov. You may use Gmats gov to heratt i e forms,but please dpi UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE P fOrr„rs O,d� OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring, Maryland 20910 not submit a draft application through Grants.gov. Please send drafts to me by e-mail at Rina.Aviram@noaa.gov or in hard copy(delivery service such as Fed-Ex,UPS, or DHL is best)to: Rina Aviram NOAA Office of Ocean&Coastal Resource Management Station 11212 1305 East-West Highway(N/ORM3) Silver Spring,MD 20910-3281 If the application is complete, we will strive to have it reviewed by NOAA's Real Property Division prior to approval of the final grant application, so you will be free to draw the funds once the award period begins. However;=it may be necessary to put a special award condition on the grant and complete the review later. If you do not have all the documentation in hand at this time, we will review just the project and budget narratives. Once NOAA receives the final application, it can take up to 120 days before the award is made. If you have special circumstances that affect the time needed for processing(i.e.,an expiring option date),please bring them to my attention and begin preparing the final grant application immediately. Other Agency Reviews/Consultations Awards of financial assistance through the CELCP are Federal actions that are subject to the consistency provisions of the Coastal Zone Management Act of 1972, as amended as well as Section 106 of the National Historic Preservation Act of 1966. You should be consulting with your State Coastal Zone Management Program and State Historic Preservation Officer(SHPO)as you are preparing your due diligence documentation to be submitted to NOAH, so that the timing of these reviews can be coordinated. Federal consistency and SHPO review must be completed(e.g.concurrence or clearance received from the State)before you may purchase the property. We would expect these reviews to either be completed or occurring concurrently with the NOAA review of the due diligence documents. 1. The state coastal program for Federal consistency review, if applicable. Contact the Federal consistency coordinator in your state to determine whether they review CELCP projects for consistency(to view a list of state coordinators,go to: http://coastalmanagement.noaa.gov/consistency/media/statepmfccontactsl7Mar2003.pdf). The state Federal consistency coordinator will also be able to provide instructions on how to submit your project for review and what information will be required. The CELCP grant award documents include a special award condition that projects be certified as consistent before funds can be drawn(the text of the special award condition can be found in Attachment 3). 2. The State Historic Preservation Officer for clearance(for more information on your state historic preservation office,go to: http://www.nps.goy/history/nr/shpolist.htrn). The State Historic Preservation Officer will also be able to provide instructions on how to submit your project for review and what information will be required. ®Priarcd on Recycled Paper GR4WMAMWEVMT AM REPORTING.- Once a grant is awarded,all future grant management activities(such as submittingproject documentation or provess/financial reports)are conducted electron catty through 140AA's grauts tnanagMant system,NOA A Grants Online (htt*:/f ntsonlinesdc.noaagovlflow eUgin UginController jpt). If your agency is not already cegistereat as a Chants Online user,an arc t will be established alar a awl l as been awarded. You will need to be.ableto submit all dents eloot onita(lty,prefmmy as At(elEtc 131r or werosott Word mss;piotutes ombe jpg format. Thud fotsauatoeperiodsia 18aadon ra butnraybeetttexulrx(nptoa4 tll nmal16tuottltsif ettGu StatlCe a g4deutousu s is being made and*A*'e*in ton all 6ttannlnl.att�isnee��'. r� enw Aa�td.payrnents"are made elouie farads tanal`or ttheTJ.,S•T)epar�,ient o#'the T a 1u#} at�d standard t A t . ; 014601 en �r Ybit w l ne e&to ltavea "Mount in ordsrtod��teet�onily; te�baveaasA �l�it� l�ovide i rueb Or #silir g crtA$ wbl�p i zirna l b w "P9,�k"an ASAP aeotmtrdad�at#lsiiupyrl3olrrozdd4�ge�unt�to`lam '# l�ivisipp. If et ftlddti iefis than six vt the"aiartl Is due to ami.ttt� �rk#e3o x+`tluest fire �s+ g" 770(i gue t£or a t t Witmalb at t*es l©'businoss daysie use ofA is andt = f#Itepr3ajeots,cirstat s w1 gttiak a6coss to-the 's,epleaSe.contactme as soon as pl b dg.lirogrs reports amxe?it� siac months from tlteasre mta starts until it is clod. V1/ittd8t� a� tbeeoa�lus�umf aTrc��onib:peFiwitstsmb�-, " �w�ing �, ii�pdz�tsttpp�#ttf t1� 2r�ixanotrtbs, , �p#'t �nclusi�eftblastr�pmtittgpe�or#,�orrs�mitaSnairepsu3�t asuyal'flte (ifmJ sitr)tta ties proofsFtboanyyiiztt (its deedzrreptrsetvatic gasdr#teatt licagrlrt WAA Iang$j,� ft a-nigra was" x: aAf• t,eype feteatceh patnel acghltr�.olF:�d as match(fie ., snrstc ` ; e si1�� dterretl); x NOS A'a or**lwtanageasecn -ro"res tial reporting e tttORA$, Noweuer, these.po"are submitted onalb 0befto #`et�t ttt ) ifOreaward fps,from`goober 1,the sa�t�ln �ttwlIl ciov�onlira , xs .,� 1 to ;�rrr�ttThe cash tta€isaaixion"n�t,� +�7�)ds the ort � � yre�pori�`seinivaily;the �dl status (�-26�)isonit�'dne 9>et tb�e conclusion�afkhe Atvatd> l�'a C,rants 1vI DivisionwIll pmeide� €or its scant-amtual� , t` +urefnetits: Grant Closeout:A groat is pot considered Complete when the propeaty©losing oo geant teoipi wtt head to"ate;tintwt� �.and�trant`$ai i 6liattcazd eond'itans have%io mot before an award span be elosed.Reeipient$must keep;rVGftg UM tete erdofthe official award performance period. a�,cxr osc� UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration ` NATIONAL OCEAN SERVICE P OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring, Maryland 20910 OTHER INFORMATIONAND REQUIREMENTS: Program Guidelines: A copy of the Coastal and Estuarine Land Conservation Final Guidelines(June 2003)can be found at http://www.coastalnianagement.noaa.gov/land/media/CELCPfinalO2Guidelines.pdf Match: By statute,the CELCP requires a 1:1 cost-share on projects. Information regarding costs and contributions that are acceptable match can be found in the CELCP Guidelines and at 15 CFR 24.24(the Department of Commerce's codification of the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments,Chapter on Matching or Cost-Sharing). The preferred source of match is an equal cash contribution from the Recipient,another state or local public entity involved in the project,or private source of funding.However, other acquisition-related costs(e.g., appraisal and attorney fees,closing costs)and,under certain circumstances,the value of donated lands(e.g., another similar conservation property purchased by or donated to the grant recipient) may also be eligible as in-kind match.In-kind match must be accrued during the award period with the exception of land acquisitions,which can have occurred up to three years prior to the date of final application. Match parcel(s)are eligible if they: • Meet the same eligibility criteria,ownership, and stewardship conditions as would be required for a CELCP-funded acquisition; • Are adjacent or proximate to the CELCP property; or have another strategic relationship such as being within the same system(e.g., wetland,watershed)if you can show that both sites are identified as targets for acquisition to fulfill a plan or strategy(e.g., open space plan,habitat protection plan),or otherwise will be cooperatively managed; and • Are managed for the same objectives as property purchased with CELCP funds. For further details,please review the CELCP Guidelines or match provisions in the Federal Funding Opportunity notice(available online at: http://www.coastahnanagement.noaa.gov/land/media/ffc celcp_fy2008.doc). Public Ownership: Any fee title property or conservation easement purchased with CELCP funds or used as in-kind match for CFLCP funds must be held by a public agency. Special Award Conditions: Recipients must comply with special award conditions as a term of accepting the funds.A sample list of the conditions is contained in Attachment 3.Additional conditions may be placed on a grant if any of the required documentation was not submitted with a final grant application„We will need to review a copy of the draft property deed or conservation easement showing the required language regarding use and disposition of the property. DUNS Number: The Office of Management and Budget has directed Federal agencies to require all applicants to provide a Dun and Bradstreet Data Universal Numbering System(DUNS)number when applying for Federal grants or cooperative agreements.This is to improve the statistical reporting of Federal grants and cooperative agreements, and will be used for tracking purposes and to validate address "a ®Printed an Recycled Paper and point of contact information. This number is required on the SF-424, Please contact me if you need information on how to obtain a DUNS number. If YM haw qws4m about this process ort#ie intbmration contained in this package,please contact me as soon as possible at(3111)563-1179 or Rina.Avinun&oaa.gov.. I look forward to working with you on this worth project.. SMIyR Cc: Rldk r New York Drep t'a State Al*ew Labr zzol,NOW Yom POW134M Of state e Ovo*4 Town ott',outhold dpt,.c„i Ofi.�y '+^ UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring. Maryland 20910 Attachment 1: Required Documentation for CELCP Applications The following items are required for a complete grant application. If all the required documents,such as appraisal,title or survey plat), are not available at the time of final grant application,NOAA can make an award based on a less-than-complete application.However, access to funds will be restricted(through special award conditions)until NOAA has reviewed and approved all the documentation. Items 4-9 will be required for each property acquired with CELCP funds under the grant, as well as each property used as non-Federal match. Documents for each parcel can be submitted in the same application;please identify each as a separate task. As a reminder, recipients should not close on a property until after they have submitted and NOAA has approved documentation for the project,unless necessary.Recipients who close on properties without first,getting NOAA approval of due diligence documentation do so at their.own risk.NOAA cannot guarantee reimbursement for these costs if the project or the supporting due diligence documentation is found to be unacceptable.Recipients should allow 90 days for review of a complete due diligence package prior to closing. 1. Standard Federal forms Prepare and submit the following Federal standard fomes: SF424, SF424A, SF424B,and CD-511. Electronic copies of the forms and instructions for filling them out can be found on the Grants.gov website. CFDA Number: On the SF-424 form, Item 10(Catalog of Federal Domestic Assistance Number) is 11.419. The title is Coastal Zone Management Administration Awards. 2. Scope of Work The project narrative submitted with the pre-proposal should be used and updated as appropriate to account for any developments or changes that have occurred since the original proposal was submitted,particularly with regard to the timeline. This should not include any significant changes to the nature of the project as proposed. If there have been any significant changes in scope or approach for the project,please contact the program officer as soon as possible. Specifically,please update the timeline for the executing the project,including the proposed start and end dates for the award(minimum of 12 and a maximum of 18 months). The requested start date of the award should be at least 90 days from the date you submit the application unless there are special circumstances(see below for information). The requested award period must begin on the first day of the month and end on the last day of the month. The start date for the award period may not be any later than October 1 2008. Please identify dates for benchmarks for project implementation, especially if you are not submitting the due diligence documentation with the final grant application. For example,please �LF ®Printed an Recycled rarer include estimated timeline for securing an appraisal,title documentation and survey,and closing on the property. If you complete the project and xrod all the award requirements early,you may request to close out the award early. The program offlcercan$iw guidance on how to do this. To view a sample Scope of Work doeuutaegt,go to: http://www.ooastalmanagment.noaagoy/land/medie/exonVIo sr,ope_worILdoc. 3.Project Budget V,P The b4pt,narrative submitted with illi p(e prcpowl sfiozlldhe usa4atd updated as needed to CAS SJy n: act urt(for"y wed eirCOO SWaes srnoe-st�tj3ltual�ea slthmatal(A'41 a stmeuts to project 16(�o►Og costs lased on obtaitdrtg an apps ?-sttce slid t of other grant tndg, j. Oe budget / should Aoeeet tthe 'l��l,,n n-3" t byy Stu Y. v4pywtc,Tise-o&doi,iatloyn�of hM'�}ilOnj( 'prtlpkl.�i Wlttg Wcxa a$ifi paw{i aA� %, Ai lLLtGA1W.'r�1J.t14+. q MA .00✓ per ,tWpbcperty agd its reiev eh et prgletd stttrtttld 1 'ad here. 1 V TIxe following inforntation should be included sboutthe matchparcel(s)sty that use may determine its eligibility: a R description of the pr*"add itk:features; • An etanation oftlmtclaiiotp'pf to,and consistency with,the proposed CF.LCP acquisition that justif m*useas tita* Evidettee that the land was ptltoliased within thrcc years of the(late.ofthegrant applicationor will be purchased widdo site award period;and 0 Dctcmontation that shows puaoo-paid*4 proof of value at*time of-acquisition(if actluired previously)or,forUO&or. deiMW to'youragency by a third party, the current value of the donated land twoont. Vinally,as with CFLCP sites,WWW similar to thsteotttaixteri in special award condition in tuber 3 Om Anter 3)mttst.hehtoluded-iii;the mcordedpmperty dad,or easennent to reflect the FMeral interest in die!property 40 to to use as match AM ft f6dOW CEL,CP fimdmg To view a sample Budget document,'Pcto: ht(p://www;�uastalmagagememt.aoaa:goyllaad/taedia/exainpte budgex,cbo. 4. Maps and Surveys The following visual dgncdors of eats prqwdy amrequined:(1).a ze care map that I S EP itrd nates the general locationefthea (1)a site tmtp err attrial - h'that provided an prop "u of the$ite including the des pl si l ad}aeent f prop "ed s,proximity to coal t 1 ;dte.„and(3)a plat'iiu p, Sep n-ce dl o ;` V ,Kb�vrAJ�- t i �o SQ4ve ctA cy�l9 bM�,��nv2 1 �VWcl�� 4c� r 1 :ria 04 Mv5t Sobm(f-T�e� t 0.� / �� $ Scwrt� g�NaX St)tvuJ, v �� I °'4+�,rt orcq�4+w UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration '+ J NATIONAL OCEAN SERVICE h' P +Oar�rrs or +� OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring, Maryland 20910 5. Project Checklist The CELCP project checklist submitted with the pre-proposal should be updated as needed. Please ensure that the signature section, which attests to the accuracy of the information contained in the checklist, is filled out and signed. Do not leave this section blank. The project checklist assists NOAA in satisfying NEPA requirements as well as determining other important information about the project. Because this is a Paperwork Reduction Act- controlled document,please enter responses only where indicated or and do not provide excessively,lengthy responses. If needed, additional pages can be attached with supplemental response information. In addition,if an Environmental Assessment or Environmental Impact Statemenf has been prepared for the project,please include a copy with the grant application. To view a sample Project Checklist,go to: http://www.coastahnanagernent.noaa.gov/land/media/checklisL-fy2008.doc. 6. Evidence of Agreement with a Willing Seller Properties acquired using CELCP funds must be acquired from a willing seller. CELCP funds cannot be used to pay"just compensation"for properties taken by eminent domain.Applicants must submit documentation that the current owner is a willing participant in a process of negotiation for possible sale of property, or interests in property,for conservation purposes and that the landowner has been advised of the applicability of Public Law 91-646,Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970(refer to section 6.8 of the CELCP Guidelines).This documentation may be in the form of a letter of willingness or intent to sell,option letter,contract,or other similar form. If the project involves a third-party transaction,that is the original landholder has sold/will sell the property to a third party(such as a land trust),who in turn will sell it to you, we will need documentation verifying both transactions.That is,we will need to see evidence of agreement and sale price between the original seller and the third party,as well as between you(as the grant recipient) and the third party. 7. Evidence of Marketable Title Evidence of marketable title is documentation proving that the seller of the property(or easement)is the current legal owner and has clear title to sell the property. This may come in the form of a title commitment/policy or attorney title opinion based on a title search abstract. Copies of the chain of title are not needed.Evidence of title must be less than one year old from the date it is submitted to NCAA. If the title opinion or title policy shows that there are easements or other encumbrances on the property,we may asked for additional information about them and explanation of how the encumbrances would not be expected to interfere with the proposed use of the land after the acquisition(if necessary). ®Aimed on Recycled Paper i To view a sample Title Opinion document,go to: http://www.coastWmanagemenLuoaagDv/land/medialexarnpl4ctitle_opihion;doc. ms 8. Appraisal &laev. °fl uts.4 rvto 200-7 b I,9y6�� A complete and self-contained appraisal prepared by an ind Went,state-certified appraiser `AGM &Wµ based upon the i1JSPAP and the ilnifdrm Appraisal Standards fnr ed.)'ai land AcquisitYons(ak1. e- •fe (/-Isshr "the Follow Book'),which establishest f*m value of the and$upparts the le�e4 �P�""' o h o p eC:r°usl ba for;each property'to be acgoirel Gl✓ A funding or used. as tivalr for CLCIt apraisal mustbe froru the tune You a QQp�kr o,.t a sabmft [#uIq()AA ttrdeg t e' ttl poSute time of the pro is greater than l3 tryotttlts: . O,Qet w�sAppraisals thatate oldecibaaotteylar maybe accepted withletter fi utheotiginal Appraiser, .l3ttu¢eWOrthereis;reasontoW,41hf3tmast€etconditionsorthe ofthesito have caused the value of the PrOPOW tq significantly,a new appraisalmaYbdno - `hisvuiir0'ationiarlybettueiabnat - tel*Mue(fomaba€gata We)is to be used for nu". The,negofiiated purchase price for the pmpert3'should be:bassd on-agmnsed value. if tha ogwy owner will not sell,fits dial gpp%mi value or less abd l'ou st l wish to acquire the property,a seooad appr*A' shquldb'd done or the original appraisal should be updated/revised to ttt account for 40Y a& itil'ori*loa or cbanged eir+cumstan+t`s abut did she that Wotrld be exp6ted to ehrrttgethe volute. #due putuhase price still exoeedaate appraised value after nations atikl/ora seetnrd apprt;misal,you may cilher pT the,di�oc over appraisal using othtar tlutAa or subunit a fttea regndsf tb NOAA sig to ruse t - fonds to W the diffavayce. The wt'itted tepi st would deed to includea justiOutics,a uonstratiag reasonable effort's to negotiate to obtain €he property for its appraised value,phtstint titcplarration of why WOW price is kgitimate,based on reasonab 1poess,pntdeme,the publ o interest,multiple appraisals,andlor valuation. if fitere are muttiple%pmpetmg (NOAA toquuw ooly r you will treed to, _ to f4d"Odut th d-pat'tyreview apprsiaet to evaluate all the alrp sisals and cost,tit with a Siggjo'value conclusion. 9. Draft deed or conservation easement PJ A copy of the drAft proper deed or conservation easement mug be submitted for each property to beactluhed with Cf i,CP Awdlag or used as snatch for C$LCP'fmdiug. This is to ensure that fY1at y (`sed 5 the NOAA restriction f contained in the document in an acceptable form. -r caDatv55 'R�' s blab e-Ajj ALry.nv� b 6" 104'/�' ��s «. )a4 a9b«sse.� . o�+c+'orroM1y UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration oe NATIONAL OCEAN SERVICE `O ,.+` OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT l jr"r'°' Silver Spring,Maryland 20910 Attachment 2 Title Opinion-Example Date: RE: (Project Name) I hereby certify that I am a member in good standing of the bar of [State or Territory], and have been requested to determine record ownership for the parcel(s)of property to be acquired or for which an easement will be obtained, [insert name and brief description of land]. After thoroughly examining the public land records or other appropriate records in accordance with laws of [State or Territory], I hereby certify that record title to the parcel is held by in(check one) Fee simple absolute _Other(specify) I have determined that there are(check one) _No easements or other encumbrances on the property _Easements or other encumbrances on the property(list below or attach) Other Comments: Signature Bar Number(must include) Name: Address: Telephone Number: Printed m Recycled Paper Attachment 3-Spacial AwardCcn�litions Special Award Condtlorrs:Any or all of the following special award conditions could be placed on the award. These are typical for NOAA-funded lend acquisition projects. They may be modified slightly or omitted from an award as appropriate for the circumstances of the project. I- Federal funds are not permitted to be expended-on this award until NOM reviews and approves the projeot(s). Specifically,no Federal fiords may be expended on the project until.the Recipient has'submittedto MAA site maps,a complete and signed project CUddist,ovideape of agreement with'a willing seller,evidence oftitte,and appraisal for each site,Pad MAA has agprov tlierri: 2. lfmqu+rdby,tbea t*ltr Age,ftRwiptexrt will Aced la prepw a conaiatemy=MdaUeo when thecorapleteatxl sYl Y'n2lect dist faq$ant'anotherother required iglbrmation)fok eat ptojecf stttami#etito 1t1t�AA. lf�e state ag�tidj'lespuAsfixle for Fe�sral consistencgravleiws itnetids ro r +�e aeushq,itisvigated,tb�aft^C3rtbt~•'I€e$ipiartt a�di�t1;4. Thel�csipient X11 providefins informationtn agrespom4lb'le'forFedetpl consi4tet�y reviewsat the same tir3xe it is.subted to' 3AA. l�f}AA wil �`tbei release af'�ral furu3s until the state agency reviews theprorect and concurs that it is consistent with the enforceable policies of the staters boasts!,Management Program: 3. Pursuant to 15 CFR 24,31(b)(1),the doe*)for the real ptoperty(ies)or the:eonserviition essemeut(s)acquired with funds from this award shall contain substantially the following provision: heeds: "This property has been acgairsxl[in pa al with funds from a Federal Rennes!assistance award(NAGON0841 Ot)tbrouOxNOAiVs Codstal and Estuarine Land Conservation Program (QELCP).Title to the propertyeanveyed by this deed shall vest upon aoquisitum in the trecipient ofthe awardor other V$ropriate public agency]subject to the CondWwns Int thepii y shall; be managed for conservation purposes and eonsistenowtth the purposes for which it was enteral! WO the eUCP'TOO[ReCipientlpubhc CA*]shall not dispose of,exehavge.OWMA)er its tatle or other itrterest in or Convert the user of this propertywitheutthe approval ofNOAA or its successor agencies!' Easements: '"this conservation easement has beet acquired lin part]with fonds forma Federal financial assistance award(NAft&M i419x=)tbtougit NOAA's Coastal and Estuarine Land Conservation Program(CELCP). The rights conveyed by this easement shall vest in[came of giant recipient or other appropriate public entity]subject to the conditions thatthe property be managed for conservattcin purposes wd,consistent with the purposes fbr which it was entered into ft CELCP. [nue-rebiplea ttpubtit;entity]is responsible-for monitoring and er£Orcing the terms of this easement and shall not dispose of or exchange it,or melt the terms,without the approval of NOAA or its successor agencies." e'4+iMi Orf�y+9n UNITED STATES DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration `t 7 NATIONAL OCEAN SERVICE P �ry%gs CO r.+� OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT Silver Spring, Maryland 20910 4. The Recipient shall cause to be erected at the project site a permanent plaque or sign satisfactory to NOAA that identifies the project and credits the"National Oceanic and Atmospheric Administration through the Coastal and Estuarine Land Conservation Program"as a funding source. 5. The Recipient's final report to NOAA/OCRM should include a copy.of the recorded deed or easement showing language pursuant to special award condition#3 and proof(pictures)that a sign was installed at the site pursuant to special award condition#4. 6. Pursuant to 15 CFR 24.31(c),in the event NOAA becomes aware that: the property or easement has been disposed or exchanged; there are title discrepancies or encumbrances that NOAA deems interferes:with the purpose for which these funds were granted;or if NOAA determines that the property has ceased to be used for the original purposes as approved by NOAA,the Recipient shall reimburse NOAA for the share of the Federal funds received for the project based on the fair market value of the interest in the land at the time of disposal. NOAA shall consult with the Recipient before deciding to exercise this right regarding disposition of the property and may in its discretion consent to other alternatives provided for under 15 CFR 24.31(c). For Awards Using In-kind Land Purchase as Match 7. The deeds for the real property(ies)or conservation easement(s)used as in-kind match for this award shall contain substantially the following provision: "The acquisition/donation value of this property/conservation easement has been used as match for Federal financial assistance award[insert number] through NOAA's Coastal and Estuarine Land Conservation Program.The land must be maintained for conservation purposes and consistent with the purposes for which it was approved as match. (For real property) [Name of public entity] shall not dispose of, exchange,encumber its title or other interests in; or convert the use of this property without notifying NOAA or its successor agencies.(For easements) [Name of public entity] is responsible for monitoring and enforcing the terms of this easement and shall not dispose of the easement or modify the terms without notifying NOAA or its successor agencies." 8. The Recipient's final report to NOAA/OCRM should include a copy of the recorded deed or easement for each property used as in-kind match showing the NOAA match language. 9. In the event NOAA becomes aware that the match property or easement has been sold or transferred,there are title discrepancies or encumbrances that NOAA deems interfere with the eligibility of the property or easement for use as match,or if NOAA determines that the property has ceased to be used for the purposes for which it was approved as match,the Recipient shall reimburse NOAA for the match share of the project. ok V%wjel ®Printed on Recycled Paper Attacbniettt 4-.Habitat Classification Cateeorles for Acres Acauiretl/Protected The following table is to be used for repotting by acres the types of habitat protected(via fee title or easement)through the CELCP. Please provide an estimate of the acreage for each applicable habitat type,if available,for cad property or easmentacquire& Descriptions and photos of habitat types within the following land classification system,can be found at httpst/www.esc-noaa.gov/crwlcdtoch–els.htW t iassific Acreage Othbrl9Lggi wtehas eARWO)$Od Estuatitie 6 wetland 1?attte4ne Emergent,Wtdatid e i:.led BeacW—nconsolidattatl Whore Water TUtidi Perennial miaow Mos Lich,gns Develop,H%hor Medium Intetisity , RTSi a Love>;ntenai.:.. Dovelopod,QM ft. e Cultivated Crops Fla; Giasslan us Sed e/Herbaeev�s Deciduous Forest i UNITED STATES DEPARTMENT OF COMMERCE. National Oceanic and Atmospheric Administration NATIONAL OCEAN SERVICE �Oireres +� OFFICE OF OCEAN AND COASTAL RESOURCE.MANAGEMENT Silver Spring,Maryland 20910 Evergreen Forest Mixed Forest Scrub/Shrub Dwarf Scrub Barren Land Other ®Printed an Recycled Paper P R O P E R T Y R E C O R D S STACKLER, FRANK, et al. and MID ISLAND SHOPPING PLAZA CO. to TOWN OF SOUTHOLD 35.418 acres open space Pipes Cove Area, Greenport SCTM #1000-45-5-7.1 - 21.030 acres (vacant land) Location: 1650 Shore Drive, Greenport SCTM #1000-45-5-7.2 - 3.681 acres (improved & paper roads) Location: No # Silvermere Road, Greenport SCTM #1000-47-2-33 - 0.220 acre (waterfront lot) Location: 1650 Shore Drive, Greenport SCTM #1000-47-2-34 - 0.231 acre (waterfront lot) Location: 2075 Shore Drive, Greenport SCTM #1000-53-1-18 - 10.256 acres ("island") Location: 1653 Shore Drive, Greenport Closing held on Wednesday, March 26, 2008 (from left to right) Franklin Frank, Ken Frank, Deputy Supervisor John P. Sepenoski, Bob Stackler MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spim @ 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) Southoid, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Town Comptroller The Nature Conservancy Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Planning Board Trustees Director of Public Works Peconic Land Trust, Inc. From: Melissa Spiro, Land Preservation Coordinator Date: March 26, 2008 Re: STACKLER, FRANK et al & MID ISLAND SHOPPING PLAZA CO to TOWN OF SOUTHOLD Open Space Acquisition - Pipes Cove Area, Greenport Please be advised that the Town has acquired the open space properties listed below. If you would like any additional information regarding this purchase, please feel free to contact me. LOCATION: Greenport - 1650 Shore Dr (21.03 acre); No # Silvermere Rd (3.681 acres); 1650 Shore Dr (0.22 acre); 2075 Shore Dr (0.231 acre); and 1653 Shore Dr (10.256 acres) PROPERTY OWNERS: Stackler & Frank, et al. and Mid Island Shopping Plaza Co. PURCHASE DATE: Closing took place March 26, 2008 PURCHASE PRICE: $1,923,635.00 - SCTM #1000-45-5-7.1 $ 130,540.00- SCTM #1000-45-5-7.2 $ 725,000.00- SCTM #1000-47-2-33 $ 725,000.00- SCTM #1000-47-2-34 $ 995,825.00- SCTM #1000-53-1-18 $4,500,000.00 - Total Purchase Price OPEN SPACE ACREAGE: Total Acreage - 35.418 acres FUNDING: CPF 2% Land Bank. The Town will receive a $325,000 property acquisition partial reimbursement as a donation from The Nature Conservancy. MISCELLANEOUS: This parcel is located within the Pipes Cove target area. MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsinfile (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 March 26, 2008 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971'0499 Re: Notice of New Owner SCTM #1000-45-5-7.1 SCTM #1000-45-5-7.2 SCTM #1000-47-2-33 SCTM #1000-47-2-34 SCTM #1000-53-1-18 Dear George: Please be advised that the Town of Southold acquired the five (5) parcels identified above that are located along Shore Drive/Silvermere Road in Greenport for open space pnrposes by deeds dated March 26, 2008. The Tmvn purchased the properties fi'om Stackler, Frank, et al., and Mid Island Shopping Plaza Co. All future real property tax bills should be forwarded directly to the Town of Southold Accounting Department for payment, at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959, until such time as the properties are declared exempt by the Town Assessors. Very truly yours, Melissa Spiro Land Preservation Coordinator /md Southold Town Assessors Town Comptroller 45 -5-7.1 473888 Soulhold AciiYe R/S I o--_ho~l Greenpor! School Stackler. Waller G Roll ~"ea~ 2008 Cu. Yr Re~ vac land ~trft LandAV: 1G50 Shme Rd L~nd ~l~e. 22 10 ac,es Total AV: G.GO0 O~ne[ T,z, tal: 4 Taxable Value Miscellaneous ~arne: ~altef G Stackle[ Count): B.60O Book: Addl Addr: Muei B.600 Page: Stree~ 550 ~ Old Country Rd School: 6,600 klorkg: Pfl Be~: Village: 0 Bank: Cib,: Hicksville. NY ~ip 11801- Schla~e~Staf: G.600 AecrNo: 17 Sale T,_,L~I 0 S~e ] of 1 Land 0 ~[ 0 Boot: F'age Sale E a~e ~1~ P~,_~ 0,,,n~r Prpcls: Res vac land r,.~bhd Cd: 0 U tili~ies: Exemption ToLd. 0 Tern, Own Building To~al: 0 E:ode Art ount Year Pc~ Special Dist~ic~ Tu~dl. 3 VaL~e / Improvement ToLd. 0 Code Uni[s P,::~ T;,pe Mo'-'e Ta~: F~pe h~ame Dim1 Dim2 SOFT Y[ Built FD031 E-~ P~otectie _00 .00 SN011 Solid ~aste I .0O .00 . File ',/Jew Ioc, lbsr Help 45.-5-7.2 473889 Southold Reactivated R/S 1 ._,d uul Gfeenport School Stack er. Walter G R,:,II "ea: 2008 Cu. Y~ Road/~tr/h~$' Land,&V: 200 Si vefmefe Rd Land Size: 4.00 aches TotalAV 200 O~nef ToMI: 4 Taxable Value ~iscellaneou~ Name: Walte~ G Stacklef Eounty: 280 Beak: Addl Addr: Muni: 200 Pa~e: Sheet: 550 W Old Eount~ Rd Schout. 200 Mort9 P0 Box: v'illagv: 0 Bank: City: Hicksville. NY Z~p: 11801- Schlaff..roluh 200 AoctMa: 17 ~ale Tolal: 0 Site I o[ 1 I_and 0 of 0 ~ook P,~ge SaleDate SalePrice Owner P~pols: Road/sb/hw~ Nbhd Fd: 0 Utilities: E~emption Total: 0 Term Own ~uilding: Sectien: Total: 0 Code Amouet 'fear Pct Special Bi~tfict Total: ~ Value / Improvement Total: 0 Code Un,ts Pct T~,pe b ave Tax Type Name Dim1 D m2 SQFT Yr Built FD031 E-W Pfote~liu _go _OO .O0 S~011 S~lid~te I .00 _00 .00 47 -2-33 4?3889 Southold Active Fl/S:1 School: Greenport School S~ackle[. Waiter G a011¥'ear: 2008 £urr Y[ Res vac land ZWtrft LandAV: 1 000 1650 Shore Rd Land Size: 0 30 acres TotalAV: 1.000 Owne~ Total: 4 Taxable Value ~iscellaneous N,srae: Walte~ G Stacklei IZount~: 1.000 Book: ~,ddl Addr: Mur, i 1 .O00 Pa~e: Slre~l' 550 ~ Old ~ounl[y ~d PI3 Box Vdiage: 0 Bank City: Hicks~ille. NY Zip: 11801- Schl after Sale To,al' 0 Site 1 of I Land 0 o[ 0 Book P.sge S~leDate SalePrice Ov,,ner Prpck: Res vac land Nbhd Cd. 0 Utilities: Exemplion ToC~I' 0 Tern', Own Building Total; 0 Special District T~ al' 3 Value / ImpmYement To~al: 0 Code Units Pc[ Type MoveTax Type Hame Dim1 Dim2 SQFT Y Bu FO031 E-W Pmlecli~ .00 .00 .00 S~011 Solid ~a~te I .O0 .00 .00 ::'l File ',.,'le,.,',, Toolba~ Help 47.-2-34 473885 'Southold Active R/'S:Io~_1--'- Jol.--' Greenport School Frank. Leonard L RollYear; 2008 Curt Yr Res vac land .-"~w'trft LandAV. 1.2B0 2075 Shore Rd Land Size; 0.33 acres TolalAV: 1.200 Owner Total: 2 Taxable Value Miscellaneous Name: Leonard L Frank COUtl~y: 1.200 Book. 4 AddlAddr: i'4uni 1.200 Page: 00078 Streel' 550 'w' Old Country Rd School. 1.200 Mortg F U Et_,< \/illage: 0 B ~nk. City: Hicks¥ille. NY Zip: 11801- Schl after ~ar: 1.200 Acct 14o: 17 Sale Total: 0 Site 1 of 1 Land 0 of 0 Book Page Sale Date Sale Piice Owner Prpcls: Res vac land Nbhd Cd: 0 Sewer: \¥ater: Utilities: Exemption Total: 0 Term Own Building Total: 0 Code Amount Year Pot SpecialDistdct Total: 3 Value/ , Improvement Total: 0 Cvde Units Pet Type Move Tax Type Name Dim1 Dirn2 SQFT Yr B FD031 E-'W' Protectie _00 .00 S'W'011 Solid'~aste I ~00 .00 .00 53-1-18 473080 Southold Active R/S:I School:" Greenpo~l School ~did-I~land Shopping PIz Co. Rollh"e~: 2008 Cu~ Y~ Re~ ~ac land ~l~lt LandAU: 9.600 1653 Shore Df Land Size: 11.44 ac[es TotalAV: Owne[ Total: I Ta~able Value ~i~ceii~neou~ Nme: ~id-lsland Shopping PIz Co County: 9.GOO Book: 4 Addl Addr: Muni: ~.600 Page: 000~5 Street: 550 ~ Old Count~ Rd School: 9.600 Mo~tg: P0 Box: Bank: Cil~,: Hicksville. NY Zip: 11802- Schl a~er Star: 5.GOO Acct No: 17 Bale Total: 0 Site 1 of 1 Land 0 of 0 ~ook Psge Sale Date SalePrice Owner Prpcb: Res vac land Nbhd E:d: Utilities: Exemption Total: 0 Term Own Building Tote[ 0 Code ,Arnour~t Year Pot Special District Total: 3 Value / mp~ovement Total: 0 Code Units Pc( Type Move Ta;-: Type f'tame Dim1 Birn2 SOFT Yr Built FO031 E-~ P~otectie ~00 .00 .00 S~011 Solid ~asle I .00 .00 Double click ~-o open a ,/,,indot..., S A N I T A R Y F L O W C R E D I T S RESOLUTION 2008-382 ADOPTED DOC ID: 3782 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-382 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 22, 2008: WHEREAS, on March 26, 2008, the Town of Southold purchased Fee Title to parcels known as the "Stackler" properties and identified as: SCTM # 1000-45-5-7.1 (1650 Shore Drive, Greenport) SCTM # 1000-45-5-7.2 (No # Silvermere Road, Greenport) SCTM # 1000-47-2-33 (1650 Shore Drive, Greenport) SCTM # 1000-47-2-34 (2075 Shore Drive, Greenport) SCTM # 1000-53 - 1-18 (1653 Shore Drive, Greenport); and WHEREAS, said properties total 35.418 acres and were surveyed, mapped and calculated as being 21.03 acres (SCTM #1000-45-5-7.1), 3.681 acres (SCTM #1000-45-5-7.2), 0.22 acre (SCTM #1000-47-2-33), 0.231 acre (SCTM #1000-47-2-34), and 10.256 acres (SCTM #1000- 53-1-18), as per a survey prepared by Nathan Taft Corwin III Land Surveyor, Inc. surveyed February 7, 2002 (file #21-647A), with revisions and survey updates dated May 8, 2002, June 29, 2007, and September 21, 2007; and, WHEREAS, said designated properties are located within the following Zoning Districts: SCTM #1000-45-5-7.1 - R-40 (6.79 acres) / R-80 (14.24 acres), SCTM # 1000-45-5-7.2 - R-40, SCTM # 1000-47-2-33 - R-40, SCTM # 1000-47-2-34 - R-40, SCTM #1000-53-1-18 - R-80; and WHEREAS, said properties are located within the Greenport School District; and WHEREAS, the deeds recorded as part of the purchases prohibit the use of the properties for any residential, commercial or industrial uses and prohibits the use of the properties for anything other than open space; and WHEREAS, as per Section I 17-5 (Determination of Sanitary Flow Credit to be Deposited in the TDR Bank) of the Town Code, the Land Preservation Coordinator provided the Town Board with a calculation of the estimated sanitary flow credits available for transfer from the above- Resolution 2008-382 Board Meeting of April 22, 2008 mentioned parcels prior to the Town Board public hearing on the purchases; and WHEREAS, the Land Preservation Coordinator provided the Town Board with a final calculation of the sanitary flow credits available for transfer from the above-mentioned parcels following the closing on the parcels; and WHEREAS, a total of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits are available to be placed into the Town TDR Bank as a result of these purchases, calculated as follows: SCTM #1000-45-5-7.1 9.85 credits SCTM # 1000-45-5-7.2 0 credits (road area) SCTM #1000-47-2-33 1 credit SCTM #1000-47-2-34 1 credit S CTM # 1000-53-1-18 0 credits (TNC grant toward purchase does not allow for sanitary flow credit transfer;) be it therefore RESOLVED that the Town Board of the Town of Southold hereby places 11.85 (eleven and eighty-five one hundredths} sanitary flow credits into the Town TDR Bank from the Town's fee title purchases of the properties identified as SCTM #1000-45-5-7.1~ #1000-47-2- 33~ and #1000-47-2-34: and, be it FURTHER RESOLVED that the Town Clerk shall enter this transfer of 11.85 (eleven and eighty-five one hundredths) sanitary flow credits into the Sanitary Flow Credit Log; and, be it FURTHER RESOLVED that the Town Clerk shall forward this resolution to the Tax Assessors Office, the Land Preservation Department, the Special Projects Coordinator and the Planning Department for inclusion into the Town database and GIS system. Elizabeth A. Ne~'ille Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Vincent Orlando, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickha~n, Evans, Russell N E W S A R T I C L E A E R I A L S YEAR: #: 1~.589~2 5 994 1976 4: 75o I I I I I I I I I I I ! I ! 1938 AERIAL PHOTO 2 0 0 7 P H O T O S Photos taken in 2007 of "Stackler" Properties Photos taken in 2007 of "Stackler" Properties Photos taken in 2007 of "Stackler" Properties Photos taken in 2007 of "Stackler" Properties Photos taken in 2007 of "Stackler" Properties Photos taken in 2007 of "Stackler" Properties 2 0 0 8 P R E S S C O N F E R E N C E VOL. CLII No. 28 THE OFFICIAL NEWSPAPER OF SOUTHOLD TOWN THURSDA~'U July 10, 2008 Another piece of the 38-acre Pipes Cove parcel will be part of a 600-acre By Christina Rizzo Lapping waves and blue skies set the scene as U.S. Congressman Tim Bishop (D-Southampton) presented Southold Town officials with a check for nearly $2 million to complete a purchase that will preserve the 38-acre ecological treasure-trove called the Stackler property. Sunlight shined down on those who made their way through sandy drifts Thursday morning to a stretch of sand overlooking the Stackler property, nestled in Pipes Cove in Greenport. Before the purchase closed on March 26, the prop- erty owned by the Stackler, Frank and Hardy families was the largest private holding in the Pipes Cove area, according to the town's land preservation office. Ne- gotiations have been under way for several years to conserve this sensitive, centralized wetland area. The total sale price was $4.5 million. The Coastal and Estuarine Land Conservation Program, a federal program established in 2002 that provides state and local governments with matching funds to purchase and protect wetlands, awarded a $1,996,822 grant to off- greenbelt set the Stackler purchase, Mr. Bishop stated in a press release. The Nature Conservancy, another major non- for-profit player in the purchase, raised an additional $325,000, said Randy Parsons, the organization's con servation finance and policy adviser. Southold Town's Community Preservation Fund covered the remain lng portion of the purchase. The Stackler property contains red-tailed hawks, ospreys and box turtles, among other wildlife, said Mr. Parsons. See Pipes Cove parcel, page 30 Suff~)lk Times photo by Randee Daddona Nearly $2 million was awarded to Southold Town to complete the purchase of the Stackler property in Greenport last Thursday. On hand for the presenta- tion were (from left) southold's land preservation coordinator, Melissa Spiro; The Nature Conservancy's policy adviser, Randy parsons; Congressman Tim Bishop; TNC director Nancy Kelley; Supervisor Scott Russell; and TNC's con- servation program coordinator, Megan Kelley. Pipes Cove parcel ~..-From page 1 Moreover, the property lies within the 250-acre Pipes Cove wetland, one piece within a 600-acre puzzle from Peconic Bay to Long Island Sound that officials are trying to conserve, said The Nature Conservancy director Nancy Kelley. With the Stackler property now pre- served, already-protected open space like the Arshamomaque Wetlands and Moore's Woods can be connected to form a large greenbelt, said land preservation committee member Ray Huntington. The open space would be used for such passive recreation activ- ities as swimming and hiking, he said. However, several unprotected prop- erties remain in the Pipes Cove wet- lands. "We're working on the estuary as a whole," Mr. Parsons said. "There has to be federal and state coopera- tion to accomplish this." Longtime North Fork summer resi- dents Patti and David Gerstung of Buffalo, who were walking down Pipes Neck Road after Thursday's press conference, spoke about the Stackler property purchase. "Since the 1970s, we used to go out on the creek and crab all the time," Ms. Ger~tung said. "It's good to see [officials] are going to preserve it." Another onlooker, summer resident Larry Severini of Tappan, N.J., said that the community had been "very vigilant" about seeing this purchase go through. Additional high-priority parcels will be acquired through the joint ef- forts of the town's land preservation department and committee, ~uffolk County, The Nature Conservancy and the federal government, said Melissa Spiro, the town's land preservation coordinator. S U R V E Y .%. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS DF RECORD, ANY, NOT SHOWN ARE NOT GUARANTEED. Nathan Taft Corw,n III Land Surveyor PHONE (631)727-2090 Fox (651)727-1727 SCALE N tts' 83.4~9,54'' 12_3.16' O O 104.15 pOL£ LAND NOW OR FORMERLY: SHEET 2 OF 2 SURVEY OF PROPERTY LEONARD L. FRANK, ELENOR O, FRANK, WALTER G, STACKLER MID-ISLAND SHOPPING PLAZA, CO. S]TUA TED A T GREENPORT TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-45-05-7.1 1000-45-05-7.2 1000-47-02-33 1000-47-02-54 1000-53-01-18 SCALE 1"--50' FEBRUARY 7, 2002 MAY 8, 2002 ADDED S.C. TAX LOT No, 1000-45-05-7.2 JUNE 29, 2007 UPDATE SURVEY SEPTEMBER 21, 2007 REVISED ENDING OF SHORE DRIVE FINAL SURVEY end IDA M. STACKLER m PREPARED IN ACCORDANCE W[?H THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Nathan Taft Corwin III Land Surveyor PHONE (651)727-2090 Fex (651)727 1727 Z 58.49' 54,96' N 08'86'08" 86.23' 55.79' N 15'39'10" E 52.87' UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW yORK STATE THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT SHOWN ARE NOT GUARANTEED, SEE SCALE N 48'59'87" R DETAIL/ 1 "=50' Z S.C. TAX No. 1000-45-05-7.1 916,0516 sq. ff, 21.030 sc. @ @ @ @ @ TAX No. 1000-47-02-53 9,570 sq. ff. 0.220 oc. TAX No. 1000-47-02-34 10,077 sq. ff. 0.231 ac. FLA6 TAX No. 1000-55-01-18 446,755 sq. ff. 10.256 ac. FL&G LARD NOTES' 1. THIS SURVEY IS IN THE 1927 NEW YORK STATE PLANE ,COORDINATE SYSTEM. 2. TOTAL AREA 1,542,805 sq. ff. (TO TIE LINE) 55,418 ac. UPLAND AREA = 1,077,624 sq. ff. 24,759 dc. WETLAND AREA 465,181 sq. ff. (TO TIE LINE) 10.679 oc. 8. LOT NUMBERS SHOWN THUS: (~) REFER TO MAP OF GREENPORT SHORES, SECTION ONE FILE IN THE OFFICE OF THE CLERK OF SUFFOLK COUNTY ON JUNE 29, 1950 AS FILE No. 1759 CERTIFIED TO' TOWN OF SOUTHOLD STEWART TITLE INSURANCE COMPANY US NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NOW OR FINAL SURVEY SHEET i OF S SURVEY OF~ PROPERTY FORMERLY: LEONARD L. FRANK, ELENOR O. FRANK, WALTER MID-ISLAND SHOPPING PLAZA, CO. SITUA TED A T GREENPORT IOWH OF SOUIHOLO SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-45-05-7.1 1000-45-05-7.2 1000-47-02-53 1000-47-02-54 1000-53-01 -18 SCALE 1"=100' FEBRUARY 7, 2002 2002 ADDED S,C, TAX LOT No. 1000-45-05 7 2 JUNE 29, 2007 UPDATE SURVEY 21, 2007 REVISED ENDING OF SHORE DRIVE MAY 8, SEPTEMBER G. STACKLER and IDA M. STACKLER APR - 7 2008 E