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Home My WebLink AboutRowehl, Robert1000-94-4-2 Baseline Documentation Premises: 2755 Oregon Road Mattituck, New York 5.003 acres Development Rights Easement ROBERT ROWEHL to TOWN OF SOUTHOLD Easement dated May 9, 2007 Recorded May 23, 2007 Suffolk County Clerk - Liber D00012506, Page 555 DESCRIPTION LAND The subject is a pamel of land having an area of 5.00_+ acres. It has a rectangular shape with a westerly border of 556_+' which fronts along a private right of way, a northerly border of 386_+', an eastedy boundary of 557_+', and a southerly boundary of 397_+'. The above dimensions are taken from the Suffolk County Tax Map and the last deed of record for the subject. We have included a copy of the Tax Map in the addenda to this report. Utilities (electric and telephone) are available along the property's road (ROW) frontage. The right of way on which the subject fronts is paved in the subject vicinity. Sound View Avenue is a two-way, two-lane, publicly maintained macadam paved road. Public water is not available to the subject. In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is in use for agricultural purposes. .GIVEN DESCRIPTION (CONTINUED) LAND (CONTINUED) Land surrounding the subject is primarily vacant or improved residential properties. IMPROVEMENTS The subject is appraised as unimproved vacant land. PRESENT USE AND OCCUPANCY The subject is presently vacant farmland. GIVEN A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING MONDAY, DECEMBER 2, 2002 AT 7:30 P.M. MINUTES Present were: Ray Blulm, Ray Huntington, John Sepenoski, Bill Edwards, Erik Keil, Melissa Spiro, Tom Wickham, Tim Caufield, and Alan Connell. Melissa discussed the Robert Rowehl application with the Committee. He is offering approximately 25 acres for preservation. A motion was made by Ray Blum and seconded by Ray Huntington to have an appraisal done on this. All were in favor. LAND PRESERVATION COMMITTEE MEETING Minutes of Regular Meeting held Tuesday, August 22, 2006 Members Present: Membem Absent: Also present: Ray Huntington Chris Baiz John Sepenoski Lillian Ball (7:29 p.m.) Ray Blum, Chairman Michelle Zaloom Melissa Spire, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Eric Kelt (7:35 p.m.) Commencement: · The meeting began at 7:30 p.m. with four LPC members present. Adoption of Meeting Minutes: · Adoption of LPC meeting minutes from August 1, 2006 MOTION made by Ray Huntington, seconded by Chris Baiz, to accept the minutes of August 1, 2006. Motion carried 4/0. Applications: · ROWEHL PROPERTY SCTM #: 1000-100-2-6.1 Zoned: A-C Location: 2755 Oregon Rd, Mattituck F/MWet: 0 acres Total Acreage: 27.25 acres (GIS 27.35 acres) CPF: Yes Subdividable: Yes SCTM #: 1000-100-94-4-2 Zoned: A-C Location: 2755 Oregon Rd, Mattituck F/MWet: 0 acres Total Acreage: 5.0 acres CPF: Yes Subdividable: No fur[her subdivision (C&R's) Discussed status. Melissa Spiro met with Butch Rowehl to discuss land preservation options for his farm that is adjacent to the Shur property on which the Town recently purchased a development dghts easement and gave LPC members her view of the laodowner's present position. MOTION made by Ray Huntington, seconded by Lillian Ball, to direct Melissa Spiro to commission a new appraisal, or an update to the existing appraisal, on the Rowehl property and also to request value for PDR easement on Rowehl's adjacent 5 acm lot. Motion carried 5/0. P R 0 P E R T Y V I S U A L S 2 S.OA Tax Map Locat~o., 1 I ! I I I I I I I I I I I I S~B~ECT PHOTOGRAPHS Farm & Rowehl - 5 acres August 2006 VIEW FROM PRIVATE ROAD ADDITIONAL VIEW FROM PRIVATE ROAD ~GIVEN I ! I I I I I I I I I I I I I I SU~I~ECT PHOTOGRAPHS Farm & Rowehl - 5 acres August 2006 STREET SCENE ALONG PRIVATE ROAD FACING SOUTH STREET SCENE ALONG PRIVATE ROAD FACING NORTH ~_GIVEN ~ PHOTOGRAPHS I I I I I I I I ViEW FROM PRIVATE ROAD Rowehl - 5 acres & farm August 2006 I I I I I I I I ADDITIONAL VIEW FROM PRIVATE ROAD ~GIVEN I St~BJ~ECT PHOTOGRAPHS Rowehl - 5 acres & farm August 2006 I I I I I I I STREET SCENE ALONG PRIVATE ROAD FACING SOUTH I I I I I I I I STREET SCENE ALONG PRIVATE ROAD FACING NORTH ~GIVEN I I I I I I I I I I I I I ~UUJ~I ~MUIU~KIOI~M~ View of Subject - Facing Southeasterly Rowehl - 5 acr~s March 2003 I I I I I I I ! I I I I View Southerly Along Private Road View Northerly Along Private Road Rowehl - 5 acres March 2003 I ~_GIVEN 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 Rowehl 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 Commemial Real Estate) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject~property consists ol~two (2) adjacent parcets~that lie in the IIa.-det-of-Mattituck, Town of Southold, County of Suffolk, New York. At the request of the Client, a separate summary for each tax lot is provided below. Tax Parcel SCTM# 1000-94-4-2 The subject parcel is identified as Suffolk County Tax Map # 1000-94-04-2 and is part of a larger property whose address is 2755 Oregon Road. The site locatednorthwest of the intersection between Oregon Road and Elijah's Lane. The parcel which is the subject of this summary is more precisely located 400 feet south of Sound View Avenue and 1,200 feet north of Oregon Road. The subject parcel is rectangular in shape and consisst of five (5) acres of actively farmed land. No improvements or facilities were noted within the boundaries of the parcel. In addition, no evidence of spills, staining, or other environmental impact were observed. Sanborn Map coverage was not available for the subject property. Aerial photographs from 1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. All of the aerials provided show that the subject property has been used for agricultural purposes since prior to 1938. An extensive government records search found no potential sources of environmental degradation on the subject property. Review of several Federal, State and County regulatory databases revealed the presence of one (1) PBS facility within one-quarter (0.25) mile of the subject properly and one (1) closed spill incident within one-half (0.5) mile of the property. In conclusion, the assessment of this parcel has revealed no evidence of recognized environmental conditions in connection with the property, subject to the methodology and limitations of this report. However, the following recommendation is issued: 1. If the agricultural portions of the site are ever proposed for residential development, then the Town of Southold should be contacted to determine if sampling for pesticides or any other related compounds will be necessary. Rowehl Property, MaUituck Phase I ESA Tax Parcel SCTM# 1000-94-4-p/o 6.1 The subject parcel is identified as Suffolk County Tax Map # 1000-94-04-p/o 6.1 and is part of a larger property whose address is 2755 Oregon Road. This site is located northwest of the intersection between Oregon Road and Elijah's Lane. The parcel which is the subject of this summary is more precisely located 350 feet north of Oregon Road. The subject property is generally rectangular in shape and consists of approximately twenty-five (25) acres of actively farmed land. The only notable feature on the subject property consisted of an intermittent stream identified on the Suffolk County Soil Survey which was noted to traverse the northern end of the property. Inspection of this area did not reveal the presence of any draingeway, gully or intermittent stream. No improvements or facilities were noted within the boundaries of the parcel. In addition, no evidence of spills, staining, or other environmental impact were observed. Sanbvrnqvlap coverage wa~-not-avaitabte4or the~oubjeet-pmpegy. Aerial photographs--from 1938, 1955, 1966, 1978, 1984, 1996 and 2004 were reviewed in order to determine if any prior uses occupied the subject property. All of the aerials provided show that the subject property has been used for agricultural purposes since prior to 1938. An extensive government records search found no potential sources of environmental degradation on the subject property. Review of several Federal, State and County regulatory databases reveal the presence of one (1) PBS facility within one-quarter (0.25) mile of the subject property and one (1) closed spill incident within one-half (0.5) mile of the subject property. In conclusion, the assessment of this parcel has revealed no evidence of recognized environmental conditions in connection with the property, subject to the methodology and limitations of this report. However, the following recommendation is issued: 1. If the agricultural portions of the site are ever proposed for residential development then the Town of Southold should be contacted to determine if sampling for pesticides or any other related compounds will be necessary. Page 2 of 24 mil FIGURE 1 Rowehl Property, Mattituck Phase ! ESA I I I I I I I I I I I I I I I LOCATION MAP Source: DeLorme Street Atlas Scale: Not to Scale NORTH I I i I I i I I I I I I I I I I FIGURE 2 AERIAL PHOTOGRAPH Source: NYSGIS Orthoimage~'y Program, 2004 Scale: 1" ~ 20ff Rowehl Property, Mattituck Phase I ESA NORTH I I I I I I I I I I I I I I I I FIGURE 3 LAND USE MAP Source: NYSGIS Orthoimagery Program, 2004 Scale: l" = 800' Rowehl Property, Mattituck Phase I ESA NORTH FIGURE 4 ZONING MAP Rowehl Property, Mattituck Phase ! ESA I I I I I I I ! I I I I I I R i80 AC Source: Town of Southold Zoning Map Scale: 1" '" 800' I I I i I I I I I I I I ! I I I FIGURE 5 SOILS MAP Source: Suffolk County Soil Survey Scale: 1" = 800' Rowehl Property, Mattituck Phase I ESA NORTH i I I I I I I I I I I I I I I I FIGURE 6 TOPOGRAPHIC MAP Source: USGS Topographic Quadrangle, Mattituck Hills Scale: 1" = 800~ Rowehl Property, Mattituck Phase I ESA H O NORTH '1 FIGURE 7 Rowehl Property, Mattituck Phase I ESA I i I I I I I I I I I ! I I I WATER TABLE MAP $16756 06.98'",, ..... 891814 8.520 Source: USGS Water Resources Investigation Report, 2001 Scale: Not to Scale NORTH I FIGU~ 8 II l I I I I I mm I all Rowehl Property, Mattituck Phase I ESA I WATERMAIN MAP Source: SCWA Distribution Map Scale: Not to Scale NORTH FIGURE 9 Rowehl Property, Mattituck Phase I ESA I I I I I I I I I I I I I I I FRESHWATER WETLANDS MAP Source: NYSDEC Freshwater Wetlands Map, Mattituck Hills Scale: 1" = 800' \ \ ~U T I9 NORTH Rowehl Property, Mattituck Phase 1 ESA FIGURE 10 FLOOD MA~ ZONE X \ Town ~o~f aS~utha Map RowehlPrope~y/ , I Distance in Miles 1/'2 Toxics Targeting 1 Mile Radius Map Rowehl Property Mattituck, NY 11952 N ..~ N ational Priority List (NPL) Inacl~ve Hazardous Waste ~ Disposal R~Jistw Sito Site Location Suffolk Counby Inact Haz Waste Disp ~ Registry Qualifying RCRA Correc~ve ~'l Action Facility ~ Waterbody / ! :~owehl Propertey ~ , 1/2 0 1116 1/8 Distance in Mitas Toxics Targeting 1/2 Mile Radius Map Rowehl Property Mattituck, NY 11952 E~3 CERCLIS Superfund NomNFRAP Site Material Spill Suffolk County Rowehl Property Toxics Targeting 1/4 Mile Radius Map Rowehl Property Mattituck, NY 11952 N Major Oil ~ Storage Facility Chemical Storage Toxic ~ Wastewater Discharge Suffolk County ~ Dockel Facility L~ Air Petroleum Sulk Storage Facility Hazardous Waste Generator, Transp. Waterbody Radius 114 0 1/8 1t4 Distance in Miles Toxics Targeting 1/4 Mile Closeup Map Rowehl Property Mattituck, NY 11952 N Suffolk County .~National Pdodty O Delisted NPL Site *· List (NPL) CERHLI$ Superfund CERCLIS Supedund Inactive Hazardous Waste Inact Haz Waste Disp (~ Disposal Registw Site · ~,~ RegistryQualifying * [] H~zardousWaste Treater, ~ RCRACorrective i~ Hazardous Substance Site L(~ation County Border 1/4 Mile Radius [~ Solid Waste Brownfields Petroleum Sulk Storage Facility *** Hazardous Waste ~ Waterbody Railroad Tracks -- -- lis Mile Radius ** 1/2 Mile Search Radius · I Mile Search Radius 1/4 0 1/8 1/4 **' 1/4 Mile Search Radius Distance in Miles P U B L I C H E A R I N G Town of Southold - Letter Board Meeting'of March 27, 2007 RESOLUTION 2007-329 ADOPTED Item # 33 DOC ID: 2735 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-329 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 27, 2007: RESOLVED that the Town Board of the Town of Southold hereby amends resolution/12007- 281~ adopted at the March 13~ 2007 regular Town Board meeting: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April l0t 2007~ at 7:50 p.m.~ Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as S CTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre Generated March 30, 2007 Page 50 Town of Southold - Letter Board Meeting of March 27, 2007 easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr,, Councilman SECONDER: Daniel C. Ross, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .~r. Generated March 30, 2007 Page 51 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda,y~ April l0t 2007~ at 7:50 Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM # 1000-100-2- 6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: March 13, 2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON MARCH 29, 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 April 10, 2007 7:50 PM This hearing was opened at 8:36 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesda¥~ April 10, 2007~ at 7:50 p.m.~ Southold Town }Iall~ 53095 Main Ro~tl_~ Southold, New York as the time and place for a public hearing for the purchase of development rights easements on properties owned by Robert Rowehl. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address for the two adjacent parcels is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means ora right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM # 1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as S CTM # 1000-94-4-2 consisting of 5± acres. The exact area of the purchase is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I have a memo from Mark Terry, the LWRP coordinator, which after some preambles concludes, "That the proposed action is consistent with the policy standards and there for is consistent with the LWRP." Let's see, I have a notice that it has appeared on the Town Clerk's bulletin board outside, it has appeared as a legal in the local newspaper and I have a short environmental assessment form for unlisted action. What else do we have? I believe those are all of the communications in the file. SUPERVISOR RUSSELL: Would anybody like to come up to discuss this before the Town Board? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro, Land Preservation Coordinator. The Land Preservation Committee has been discussing preservation with Mr. Rowehl for several years. Recently he decided that tight now is the tight time for him to preserve his farm and that is why we are here tonight. In the 1990's, Mr. Rowehl applied for and received approval for a subdivision that subdivided two five acre lots from what was then his 37 acre farm. This left him with two vacant 5 acre residential lots and a 27 acre farm, which includes his house and barn. The 5 acre lots have access off of Soundview Avenue and the larger has access off both Soundview and Oregon Road. The 5 acre lots were not sold off and basically remained part of the active farm area. The preservation application before the Town will result in the development rights easement on 100% of the interior 5 acre lot and a development rights easement on 24 of the 27 acres of the larger farm parcel. The 3 acres not included within the easement are located on Oregon Road and include the existing dwelling and several barns. There were several conditions filed in a declaration of covenants and restriction when the 1990 subdivision was approved regarding common driveways and where a future road would be located should future residential development occur. The landowner has requested that these covenants and restrictions be amended now that the property is being preserved and there will not any future residential development. Covenants and restrictions can only be amended after public heating by the Planning Board and the Planning Board has scheduled a heating to amend those later in April. This amended C & R will reflect the change that there will never be any future residential development. The Town has received a grant award of approximately $723,000 from the New York State Ag and Markets and we believe that that grant will be eligible for the 24 acre part of this project. The Town recently preserved the farms to the east of the property and the County owns the development rights already to the fann to the west. The preservation of the Rowehl farm will fill in the middle and result in a block of over 60 acres of preserved farmland. As you can also see on the map, there is plenty of other preserved land both to the east, west and to the south of that fann in the vicinity of it. The north and south sides of Oregon Road are the largest blocks of active farmlands in the Town. Oregon Road is one of the Town's main areas of active farmlands. As I stood last week with Mr. Rowehl looking out at his farmland, it was a great feeling to know that his farm and the farms to the east and west will have the potential to remain in active farming forever. The Land Preservation Committee extends their thanks to Mr. Rowehl for preserving his farmland and both the Committee and I strongly recommend that the Town Board proceed with this important preservation acquisition on Oregon Road. Thanks. SUPERVISOR RUSSELL: Would anybody else like to come up and address the Town Board on this particular acquisition? This hearing was closed at 8:41 PM Elizabeth A. Neville Southold Town Clerk S ~E R E S 0 L U T I 0 N Town of Southold - Letter Board Meeting of April 10, 2007 RESOLUTION 2007-386 ADOPTED Item # 49 DOC ID: 2703 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-386 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase development rights easements on certain parcels of property owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said properties are identified as part of SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means ora fight of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as S CTM #1000-100-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 5± acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 24± acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further Generated April 11, 2007 page 67 Town of Southold - Letter Board Meeting of April 10, 2007 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Edwards, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated April 11, 2007 Page 68 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSHENT FORH For UHI/S'rED ACITONS Only PART I-PRO3ECT INFORMATION (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT/SPONSOR: $outhold Town Board 3. PRO~ECT LOCATION: 4, PRECISE LOCATION: (Street address and road intersections, prominent landmarks~ otc, or provide map) 2. PRO.1ECT NAME: ,~<g*~,J'e~ " 5. ~S PROPOSED AC'q/OH: 6. DESCR/BE PROJECT BI~EFLY: 7. A~OU~T~F ~D AFFE~D: ZN~Y 2~ a~es ULnMATELY ~ ~ 8. WILL PROPOSED ACT/ON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RE~I%R/CITONS? ~O Yes [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~ Residential ~'~ Commercial ~ lndustriai~ Agriculture Park/Forest/Open space Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL~ STATE OR LOCAL)? t~l , ~ / 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~'~ Yes ~ No ~lyes, Iis~ agency(s) and permi~approva/$ 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE I~A~T ZZ-ENV~RONHENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 DOES ACT[ON EXCEED ANY'~'PE ! THRESHOLD iN 6 RYCRR,. PART 617.47 []_ Yes[~ ~o lf ye~ coordlna~e ~he m~lew ,oroce~ an# u~e ~he full ,~?, W~LL ACT[ON RECEZVE COORDZNATED REVIEW AS PROVZDED FOR UNLZSTED ACT!ORS !N 6 NYCRR~ PART 617.67 (kas'wers may be handwritten, If legible) C1, ExJstiog air quality, surface or groundwater quality or quantify, noise levels, exts~Jng b'afflc patterns solid waste production or dispo~,ll, potenUal for erosion, drainage or flooding problem? Explain bdefly: C2, Aesthetic, agricultural, archaeological, histodc or other naturat or cultural resources; or community or neighborhood character~ Expla/~obrleflY: C"3. ~g~tation or fauna fishes shellfish or wildlife spedes, significant habitats or threatened or endangered specles~ Explain bdefly' C4. A community's exJsfiog plans or goals as offidally adopted, or change in use or Intensity of Use of land or other natural resources? Expla~q brielty: C5. G/~wth, subsequent development, or related activities likely to be Induced by the proposed action? Explain bdefly: C6. Long term, short term, cumulative, or other effects not Identified in CI-C5? Explain briefly: C7. ~)~hler impacts (Induding changes in use of either quantity of type of energy)? Explain bdefly: D. WILL THE PRO3ECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTER/CS THAT CAUSED THE ESTABLISHMENT OF A . E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ['~ Yes~ Ho PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) iNSTRUCTIONS: For each adverse effect identified above, determine whether it is sbbstantial, large~ or othel~vise significant. Ead~ effect shou;d be asses~d in connection with its (a) setting (i.e. urban or rural); probability of occurring; (c) duration; (dO Irreversibility; (e) geographic scope; and (t) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that ail relevant adverse impacts have been identified and adequately addressed, if question D of part [] was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CE~A. Check this box if you have idenUfled one or more potentially large or significant adverse impacts, which may occur. }hen prcceed directly to the FULL ENV;[RONMETNAL ASSESSHENT FORM and/or prepare a positive declaration. C~eck this box if you have determined, based on the information and analysis above and supporting documentation, t~at the proposed action WiLL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: %t-o J~ ~-~- o ~'~ g L- Name of Lem,~Agency 50~¢g t~, $O ft._' Signature o~"~esponsible O~icer in Lead Agenc~ Signature of prepare(if diffelfent from of responsible officer) P U R C H A S E R E S 0 L U T I 0 N Town of Southold - Letter Board Meeting of April 10, 2007 RESOLUTION 2007-389 ADOPTED Item # 52 DOC ID: 2704 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-389 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON APRIL 10, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development rights easements on certain parcels of properties owned by Robert Rowehl on the 27th day of March, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said properties are identified as part of SCTM # 1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located at the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a right of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district; and WHEREAS, the development rights easement on Parcel A comprises approximately 24± acres (subject to survey) of the 274- acre parcel and 54- acres of Parcel B in its entirety. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre for the 244- acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. The 244- acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant; and Generated April 11, 2007 Page 79 Town of Southold - Letter Board Meeting of April 10, 2007 WHEREAS, the properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural value; and WHEREAS, the purchase of the development fights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easements; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase development rights easements on agricultural lands owned by Robert Rowehl pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 {Agricultural Lands Preservation) of the Code of the Town of Southold. Said properties are identified as part of S CTM # 1000-100-2-6.1 (Parcel A) and the entire S CTM # 1000-94-4-2 (Parcel B). The address is 2755 Oregon Road, Mattituck, New York. Parcel A is located on the northwesterly side of Oregon Road where Elijah's Lane intersects with Oregon Road, running northerly to Sound View Avenue in Mattituck in the A-C zoning district. Parcel B is accessed by means of a fight of way over Parcel A located approximately 3,500 feet easterly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM # 1000-2-6.1 consisting of approximately 244- acres (subject to survey) of the 274- acre Generated April 11, 2007 Page 80 Town of Southold - Letter Board Meeting of April 10, 2007 parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 5± acres. The exact area of the development rights easements is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) for the 24± easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 5± acre adjacent parcel, plus acquisition costs. Both easements will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The 24± acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Program (LWRP) and the Town Board hereby determines that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Albert Krupski Jr. SECONDER: Louisa P. fivans, Justice AYES: Evans, Wickham, Ross, I~clwards, Russell, Krupski Jr. Generated April 11, 2007 Page 81 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: Town of Southold Town Board Melissa Spiro, Land Preservation From: Mark Terry, Principal Planner LWRP Coordinator Date: March 19, 2007 Re: Proposed Purchase of Development Rights Easement on the ROWEHL Property SCTM # P/O SCTM #1000-100-2-6.1 (Parcel A) and the entire SCTM #1000-94-4-2 (Parcel B). Zoning District A-C The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the L~ocal Waterfront Revitalization Program (LWRP) Policy Standards. The proposed acquisition is for a development rights easement on a part of the property identified as SCTM #1000-100-2-6.1 consisting of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM #1000-94-4-2 consisting of 5± acres. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. MAR 1 9 2007 C L O S I N G S T A T E M E N T CLOSING STATEMENT ROBERT ROWEHL to TOWN OF SOUTHOLD Total Development Rights Easement- 5.003 acres Premises: 2755 Oregon Road SCTM #1000-94-4-2 Closing took place on Wednesday, May 9, 2007 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 448,000.00 disbursed as follows: Payable to Robert Rowehl Check #91097 (5/9/07) $ 448,000.00 Expenses of Closing: Appraisals & Updates Payable to Patick A. Given, SRPA Check issued (4/03) Payable to Given Associates, LLC Check #88194(10/17/06) $ 1,200.00 $ 1,900.00 Survey Le.qal Description Payable to Peconic Surveyors, PC Check ~91042 (5/8/07) $ 250.00 Title Report Payable to Stewart Title Insurance Company Check ;~31100 (5~9~07) Fee insurance $ 1,947.00 Recording easement $ 250.00 Certified easement $ 50.00 $ 2,247.00 Those present at Closing: John Sepenoski Lisa Clare Kombrink, Esq. Robert Rowehl Janice L. Snead, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Deputy Supervisor Attorney for Town of Southold Seller Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst TOWN OF SOUTHOLD 53095 MAtN ROAD SOUTHOLD. NEW YORK 11971~0959 5/9 CLOSING NO. DATE -' .... 05/09/2007 QRTY EIGHT THOUSAND A/qD 00/100 DOLLARS R~BERT] ROWEHL · ~'p~eR .. 2755 OREGON ROAD >' ~ :?' M3kTTITUCK NY 11952 "'oq].oq?,' ':O;~.l, 051~r~l,l: r=5 oooooI, CHECK MO 91097 0111 VENDOR 018578 ROBERT ROWEHL FL~;D & ACCOU~}T H2 .8686.2.000.000 050907 05/09/2QQ7 C~ECE PURCHASE-5 ACRES TOTAL 91 097 448,000.00 448,000.00 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971 0959 -GI'VEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 March 25, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, New York 11971 Property of Robert Rowehl S.C.T.M. #1000-94-4~2 Located (ROW) S0U~ of Sound View Avenue Mattituck, New York 11952 File~ 2003160 $1,200.00 real estate appraisers and consultants _GIVEN ASSOCIATES 548 Route 111 / PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Invoice Date I Invoice # 0/2/2006 127 Bill To Melissa Spiro Land Preservation Coordinator Town of Southold P.O. Box 1179 Southold, NY 11971 JPlease make check payable to: GIVEN ASSOCIATES, LLC, Description Appraisal of Real Property of Robert Rowehl Located I(ROW) South of Sound View Avenue Mattituck, NY S.C.T.M. #1000-94-4-2 Appraisal of Real Property of Robert Rowehl Located North side of Oregon Road Mattituck, NY S.C.T.M. #1000-100-L plo 6.1 File No. 2006236/2006235 Terms Due upon Receipt Amount 1,900.00 600.00 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select - JE Date Trx. Date Fund Account ......................... Use Acti 2/28/2006 2/28/2006 N3 600 3/28/2006 3/28/2006 H3 600 5/09/2006 5/09/2006 H3 600 7/11/2006 7/11/2006 A 600 7/25/2006 7/25/2006 H3 600 8/08/2006 8/08/2006 H3 600 9/05/2006 9/05/2006 H3 600 ~ 10/17/2006 10/17/2006 H3 600 , 11/08/2006 11/08/2006 H3 600 , 11/08/2006 11/08/2006 H3 600 ~/05/2006 12/05/2006 H3 600 ,~/16/2007 1/16/2007 H3 600 1/16/2007 1/16/2007 H3 600 1/16/2007 1/16/2007 H3 600 1/30/2007 1/30/2007 H3 .600 ......................... Use Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--OL100N .............. : W-10172006-167 Line: 161 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date ..... 10/17/2006 SDT 10/16/06 : : Trx An~ount... 2,500.00 : : Description.. ROWEHL UPDATES : : Vendor Code.. 007416 : : Vendor Name.. GIVEN ASSOCIATES LLC : : Alt Vnd.. : : CHECK ........ 88194 SCNB : : Invoice Code. 2006235-6 : : VOUCHER ...... : : P.O. Code .... 15939 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 10/17/2006 : : Date Cleared. 10/31/2006 : : F3=Exit F12=Cancel : PECONIC ~qURVEYOR$~ P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020 · Fax (631) 765-1797 aprilSm. 2007 Town of Southold LAND PRESERVATION P.O. Box 1179 Southold N.Y. 11971 FOR PROFESSIONAL SERVICES RENDERED: Attention: Ms. M. Doroski Meets & Bounds Description Re: Rowehl Property $250.00 SUFFOLK COUNTY TAX MAP 1000-94-04-02 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 016144 PECONIC SURVEYORS, Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 2/13/2007 2/13/2007 4/24/2007 4/24/2007 4/24/2007 5/08/2007 5/08/2007 2/13/2007 H3 .600 2/13/2007 H3 .600 4/24/2007 H3 .600 4/24/2007 H3 .600 4/24/2007 H3 .600 5/08/2007 H3 .600 5/08/2007 H3 .600 lhift Up F3=Exit F10=Prev View Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-05082007-058 Line: 276 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date ..... 5/08/2007 SDT 5/07/07 Trx Amount... 250.00 Description.. DESCRIPTION RDNG~ROWEHL Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. : Alt Vnd.. : CHECK ........ 91042 : Invoice Code. 040407A : VOUCHER ...... : P.O. Code .... 16523 : Project Code. : Final Payment P Liquid. : Type of 1099. N BOX. : Fixed Asset.. Y : Date Released 5/08/2007 : Date Cleared. : F3=Exit F12=Cancel SCNB Addl. STEWART TITLE INSURANCE COMPANy 125 Baylis Road, Suite 201, Melville, New York 11747 631-501-9615 fax 631~50i-9623 FEE INSURANCE COVERAGE~. FAIR MARKET VALUE RIDER MORTGAGE INSURANCE COVEP~GE ENDORSEI~ENTS: Environmen~al Waiver of Arbitration _PREMIUM _PREMIUM NEW YORK STATE TRANSFER/MANSION TAX MORTGAGE TAX (Mortgagee). MORTGAGE TAX (Mortgagor)_ COMMUNITy PRESERVATION FUND SURVEy INSPECTION DEP.q31TE~ENTAL SEARCHES STREET REPORT_~. BANKRUPTCY SEAllCH ESCEOW DEPOSIT FEE ESCROW DEPOSrF ( ) SATISFACTION(S)_._ ) MORTGAGE(S). ( ) CONSOLIDATION, EXTENSION & MODIFICATION AGP~EMENT(S) ( ) MORTGAGE TOTAL CNARGES CLOSER CHARGES, IF ANY: PICK-Lrp FEE OTHERi PATRICIA L. FALLON · Title Closer II'Oq]'OqC~I1' I-"O;]]'l~Oq~,l~l-~ f~3 O0000Li 011' V~,,NT~OR 01 cJ~;22 ~T~N~R~ ~TTT,~ TlNT~TTRANC~ H2 .8686.2.000.000 H2 .8686.2,000.000 H2 .8686.2.000,000 ST-S-8594 ST-S-8594 ST-S-8594 TITLE POLICY-ROWEHL 1,947.00 EASEMENT REC FEE-ROWE 250.00 CERT COPY EASEMNT-ROWE 50.00 TOTAL 2,247.00 ./ TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Nua%ber of Pages: 15 Receipt Number : 07-0049949 TRANSFER TAX NUMBER: 06-34263 District: 1000 bed Amount: Recorded: At: LIBER: PAGE: Section: Block: 094.00 04.00 EXAMINED AND C~ARGED AS FOLLOWS $0.00 Received the Following Fees For Above Instrument Exempt Page/Filing $45.60 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert.Copies $9.75 NO RPT SCTM $0.00 NO Transfer tax Comm. Pres $0.00 NO TRANSFER TAX NUMBER: 06-34263 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 05/23/2007 04:41:14 PM D00012506 555 Lot: 002.000 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $114.75 ~ [ DEPT OF LAND ?RESERVATION Number of pages K TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED Recording / Filing Stamps 3,I , FEES Page / Filing Fee Handling 5, 00 TP-584 ,,~ Notation EA-5217 (County) Sub Total . EA-5217 (State) R.P. TS.A. '~ Comm. of Ed 5. 00 Affidavit .cg. cop, Suh*o l Grand Total Other 4 D str ct Real Property 0?015120 ~_000 09400 0400 002000 Tax Servk:e ~ Agency Verification Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN 'FO: 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 I~) Mansion Tax The property covered by this motgage 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. Yq,o9 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD ~,, O, ,"3OX i/7c] 7 I Title Company Information Tte# g T_ 5_ g~ff-~,,~ Suffolk County Recording & Endorsement Page This page forms part of the attached (SPECIFY TYPE OF ~STRUMENT) The premisis herein is situated in ~f~ SUFFOLK COUNTY, NEW YORK. 1~ In the To.ship of '~ ~ ~ ~U ~k~ In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE T~ED OR PRINTED IN BLACK INK ONLY P~OR TO ~CORDING OR FILING GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 9th day of May, 2007 at Southold, New York. The parties are ROBERT ROWEHL, having an address at 2755 Oregon Road, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM# 1000-94-4-2 more fully described in SCHEDULE A attached hereto and made a part hereof and shown on the survey prepared by Peconic Surveyors, P.C., dated March 13, 2007 and last revised April 11, 2007, and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as ~* ~ ~¢~ ~-~ ; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of FOUR HUNDRED AND FORTY- EIGHT THOUSAND Dollars ($448,000.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Puroose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoanition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, a survey dated March 13, 2007 and last revised April 11, 2007 prepared by Peconic Surveyors, P.C., and a Phase I Environmental Site Assessment dated March 7, 2007 by Nelson, Pope & Voorhis, LLC. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Code") and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agricultural and ~larkets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or code. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities. The word "Grantor" when Stewart Title Insurance Company Title No: ST-S-8594 Schedule A Description (AMENDED 4/23/07) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being Lot 2 as shown on a certain map entitled, "Minor Subdivision for Robert G. Rowelal filed in the Suffolk County Clerk's Office on November 23'0, 1998 as Map No. 10209 more particularly bounded and described as follows: BEGINNING at a point on the Southeasterly comer of Lot 2 as shown on the aforesaid filed map, said point and place of beginning being the following two courses and distances from the intersection formed by the Northerly line of Oregon Road (North Road) with the Easterly line of Lot 3 as shown on the aforesaid field map. Said point in turn is North 53 degrees 08 minutes 10 seconds West a distance of 56.81 feet from the intersection formed by the Southerly line of Oregon Road with the Easterly l~ne of Elijah's Lane; 1. North 25 degrees 40 minutes 00 seconds West a distance of 2048.10 feet to a monument; 2. North 25 degrees 27 minutes 00 seconds West a distance of 323.77 feet to the point and place of beginning; RUNNING THENCE from said point and place of beginning along the Southerly line of Lot 2 South 65 degrees 36 minutes 20 seconds West a distance of 396.91 feet; THENCE North 24 degrees 23 minutes 40 seconds West a distance of 556.29 feet to a point in the Southerly line of Lot 1 as shown on the aforesaid field map; THENCE North 65 degrees 36 minutes 20 seconds East a distance of 386.32 feet to a point and lands now formerly of Randy Scott Shur; THENCE South 25 degrees 48 minutes 00 seconds East a distance of 55.50 feet to a point; THENCE South 25 degrees 27 minutes 00 seconds East a distance of 500.88 feet to a point or place of BEGINNLNG. 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. used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials; Mininq The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property or in connection with necessary drainage or soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser, 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices, including fertilization, composting and crop removal. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses The use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, shall be prohibited. For the purposes of this section, agricultural production, as defined in Chapter 70 of the Town Code, shall not be considered a commercial use. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Develooment Riahts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4.05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agricultural and Harkets Law, now or as it may be amended. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Drainage improvement structures, provided such structures are necessary for or accessory to agricultural prod uction; (iii) Renovation, maintenance and repairs of structures built or permitted pursuant to this Section 4.06. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as provided in Section 4.06 herein requiring permit or approval and shall file all necessary applications for approvals that may be required by this Easement or by the Town Code of the Town of Southold, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment and defer payment pending such action. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shalt be reasonable in amount and actually adjudicated arising from injury due to the physical maintenance or condition of the Property caused by such person's actions or inactions or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors, ali of which shall be reasonable in amount and actually adjudicated, resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production, then Grantor shall continue the current modes of landscaping, pruning and grounds maintenance. In the event Grantor fails to comply with the provisions of this section after reasonable notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such maintenance. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, not more frequently than annually, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within fifteen (15) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural and/or open space value of the Property and if the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties 10 concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under ].R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. This easement may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local law. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. ]Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. Tf any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by ali parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property, or to use images of the property for commercial gain. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above, ACKNOWLEDGED AND ACCEPTED: GRANTOR ROBERT ROWEHL ACKNOWLEDGED AND ACCEPTED: TOWN OF $OUTNOLD(Grantee) JOHN P. SEPENOSKI Deputy Supervisor / / STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 9th day of May, in the year 2007 before me, the undersigned, personally appeared ROBERT'~,OWEHL personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their ]2 capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public pA'rRICIA L FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified n Suffolk County Commission Expires April 24, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this 9th day of May, in the year 2007 before me, the undersigned, personally appeared .IOHN P. SEPENOSKI, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, Stat~- Of New York No. 01 FA4950146 Qual ed n Suffolk County Commission Expires Apr 24, For use outside New York State: State, District of Columbia, Territory, Possession, or ) Foreign Country ) SS: On the day of in the year 2007 before me, the undersigned, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that be his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (]nse~c the city or other political subdivision and the state or country or other place the acknowledgment was taken.) 13 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 other 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 pmpedy created, executed, withessed, 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 pmpedy filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defecfive judicial or administrative proceeding. (b) The lien of mai 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 cimumstance 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 dght of acoess 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 exemise of the dghts 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: 125 Baylis Road Suite 201 11747 Phone: 50.1-9615 ...,.o. o- 5o 009061 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800433-0014. If you make a claim under your policy, you must f~rnish wdtten notice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at htto:flw'ww.stewartnewvork,com File No.: RightF&x 5~9~2007 11:09:08 AN PAGE 002/vo4 Fax Server ALTA OWNEK'S POLICY (~17/06) SCHEDULE A File No.: ST-S-8594 Policy No.: O-I]901-9061 Amount of Insurance: $448,000.00 Premium: $1,947.00 Date of Policy: 5/9/2007 1. Name oflnsured: Town of Southold 2. The estate or interest in th~ land that is encnmbered by the Insured Mortgage is: Development Rights Easement 3. Title is vested in: Town of Southold, who acquired Dcvelopmant Rights by virtue of a deed from Robert Rowehl, by deed dated 5/9/2007 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. ALTA OWNER'S POLICY (6/17/06) File No.: ST-S-8594 SCHEDULE A DESCRIPTION Policy No.: O-8901-9061 (AMENDED 4/23/07) ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, Town of Southold, County of Suffolk and State of New York, being Lot 2 as shown on a certain map entitled, "Minor Subdivision for Robert G. Rowehl filed in the Suffolk County Clerk's Office on November 23ra, 1998 as Map No. 10209 more particularly bounded and described as follows: BEGINNING at a point on the Southeasterly comer of LOt 2 as shown on the aforesaid filed map, said point and place of beginning being the following two courses and distances from the intersection formed by the Northerly line of Oregon Road (North Road) with the Easterly line of Lot 3 as shown on the aforesaid field map. Said point in turn is North 53 degrees 08 minutes 10 seconds West a distance of 56.81 feet from the intersection formed by the Southerly line of Oregon Road with the Easterly line of Elijah's Lane; 1. North 25 degrees 40 minutes 00 seconds West a distance of 2048.10 feet to a monument; [ 2. North 25 degrees 27 minutes 00 seconds West a distance of 323.77 feet to the point and place ofbegirming; RUNNING THENCE from said point and place of beginning along the Southerly line of Lot 2 South 65 degrees 36 minutes 20 seconds West a distance of 396.91 feet; THENCE North 24 degrees 23 minutes 40 seconds West a distance of 556.29 feet to a point in the Southerly line of Lot 1 as shown on the aforesaid field map; THENCE North 65 degrees 36 minutes 20 seconds East a distance of 386.32 feet to a point and lands now formerly of Randy Scott Shur; THENCE South 25 degrees 48 minutes 00 seconds East a distance of 55.50 feet to a point; THENCE South 25 degrees 27 minutes 00 seconds East a distance of 500.88 feet to a point or place of BEGINNING. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I File No.: ST-S-8594 Policy No.: O-8901-9061 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the granto? and the Town of Southold. 2. Policy excepts the lien of restored taxes, plus interest and penalties, if any. 3. Declaration of Covenants and Restrictions recorded in Liber 11891 Page 457 4. Policy excepts unpaid water, sewer and/or street frontage charges to date, if any. 5. Boundary Line Agreement recorded in Liber 6712 Page 168 6. Right of Way and area to provide common driveway for Lot 1 and 2 as shown on filed map. - copy herein. 7. Premises under examination is an interior parcel which does not abut on a street or highway. No easement or right of way for access to and from said premises to a public street or highway is insured. (NOTE: AREA TO PROVIDE COMMON DRIVEWAY FOR LOTS 1 AND 2 (ON FILED MAP) AND RIGHT OF WAY (TO BE CONVEYED) AS MENTIONED IN DECLARATION IN LIBER 11891 PAGE 457) 8. No vehicular access as shown on filed map (affects Northerly part of Lot 1) COVERED RISKS (Continued) 9. Title being vested other than as staled in Schedure A or being defective (i) to be timely, or (a) as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a pumhaser for value or to a providing an alternative 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 Title or other matter included 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 insorvency, 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 Title as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the casts, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, 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 adse by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) 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; or the effect of any violation of these laws, ordinances, or governmental 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. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at 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 fraudulent conveyance or Eaudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental aulhority 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. 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. (i) The term "Insured" also includes (A) successors to the Tifie 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 Insured 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 grantee 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 beth 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 Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all dghts and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice 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 constitule real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abuffieg streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a dght of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other secudty instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the mcerds 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 ~tle or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. I Page 2 Sedal No.: O- File 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 ~nly so long as the Insured shall have liability by reason of warranties m 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. (b) NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company premptly 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 Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insemd 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, shall provide for the defense of an insured in litigation in which any third party 7. 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 pcticy. The Company shall have the dght to select counsel of its choice (subject to the dght 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 dghts shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its dghts 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 dght 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 CONDITIONS (Continued) I Page 3 Serial No.: O- File No.: Company all reasonable aid (i) in secudng evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting 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 litigation, 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 autbedzed 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 beadng a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authedzed 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 pady 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 Claimant 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 thai 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. 8. DETERMINATION AND F-X3'ENT OF I.IABIMTY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (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 dght to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled 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 dght of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully pedormed 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, including 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 court 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 prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment, 11. LIABILITY NONCUMULATIVE The Amount of Insurance 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 which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Titte, and the amount se paid shall be deemed a payment to the Insured under this 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETrLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other fights and remedies in respect to the claim that the Insured Claimant has against any person or properly, to the extent of the amount of any loss, 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, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these dghts and remedies, if a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company sha~l defer the exemise of its dght to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance1 or bonds, notwithstanding any terms or conditions contained in those instruments that 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 adsing out of or relating to this policy, any se~ce 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 prevision 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 asserting 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 person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modity 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 part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that prevision or such part held to be invalid, but all other provisions shall remain in fell 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. In neither case shall the court or arbitrator ~pply 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 flied 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 must be given to the Company at Claims Department at 300 East 42nd St, 10D Floor, New York, NY 10017. File No.: I Parle4 Sedal No.; O- N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of 5 acres of active farmland and/or 0 acres of non- farmland, situated as Suffolk County Tax Map No. 1000-94-4-2 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD By: JO~IN P. SEPENOS'KI, De~)uty ~upervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner ROBERT ROWEHL ROBERT ROWEHL 2755 Oregon Road MaEituck, New York11952 / // STATE OF NEW YORK COUNTY OF SUFFOLK ) )SS: On the ~ day of May, 2007, 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; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) COUNTY OFSUFFOLK ) )SS; pATRICIA L. FALLON NotarY Public, State O~ New'fork No. 01FA4950146 Quatified in Suffo k County Commission Expires Apd 24, ~ On the ¢'{~/~ day of May, 2007, before me personally appeared ROBERT ROWEHL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by his signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary Public QL alified In E u!f(.)H~ L,Odoty Oommission Expires April 24, ~ II Dtv~lon o.~ Agrtcultura! and Deve~opmen~ Services $18.457-7076 Fax~ $18-457-~716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive A~bany, New York 12235 July 10, 2007 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver - Suffolk County Agricultural District #1 - Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southoid Department of Land Preservation to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Robert Rowehl Landowner(s) The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those pamels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. RS:lad Cc: David Behm, NYS Dept. of Ag. & Markets Scott A. Russell, Supervisor, Town of Southold File: AP07/047-W Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @town. sonthold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Sonthold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 29, 2007 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 ROWEHLtoTOWNOFSOUTHOLD SCTM #1000-94-4-2 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agricultare and Markets" that was executed by Deputy Town Supervisor John P. Sepenoski and Robert Rowehl at time of closing on a development rights easement on agricultural farmland identified as SCTM #1000-94-4-2. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Robert Rowehl Town of Southold May 9, 2007 D00012506 555 2755 Oregon Road, Mattimck, NY 5.003 acres 1000-094.00-04.00-002.000 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation )ivision of Lands & Forests lureau of Real Property, 5m Floor 625 Broadway, Albany, NewYork 12233-4256 Phone: (518)402-9442 · FAX: (518)402-9028 Website: www.dec.state.ny.us Alexander B. Grannis Commissioner June 21, 2007 Melissa Spiro Department of Land Preservation Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro: We have received and filed in our office the following conservation easements: CE: Suffolk 476 Grantor: Robert Rowehl Liber: D12506 Page: 555 CE: Suffolk 477 Grantor: Robert Rowehl Liber: D12506 Page: 556 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, TAR:gm JUN 2 5 2007 DEPT OF LAND PRESERVATION Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property ? MELISSA A. SPIRO PRESERVATION COORDINATOR melissa.spko @town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 26,2007 Robert Rowehl 2755 Oregon Road Mattituck, NY 11952 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 476 SCTM #1000-94-4-2 (5.003 acre easement) NYSDEC Conservation Easements Registry CE: Suffolk 477 SCTM #1000-100-2-6.3 (24.108 acre easement) Dear Mr. Rowehl: Please be advised that the Town's purchase of development fights easements on your properties located in Mattituck have been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your properties' assigned identifiers. If you have any questions regarding the implementation of the new Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC and refer to the assigned identifiers - CE: Suffolk 476 & 477. ~Very truly yours, Melanie Do r-T'0~ki Sr. Administrative Assistant enclosures mlp MELISSA A. SPIRO RESERVATION COORDINATOR llssa.spiro @ town.sou~hold.ny.us . Telephone (631) 765-5711 Facsimile (631) 765-6640 OFI01CE 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 June 26, 2007 Robert Rowehl 2755 Oregon Road Mattituck, NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 476 SCTM #1000-94-4-2 (5.003 acre easement) NYSDEC Conservation Easements Registry CE: Suffolk. 477 SCTM #1000-100-2-6.3 (24.108 acre easement) Dear Mr. Rowehl: Please be advised that the Town's purchase of development fights easements on your properties located in Mattituck have been officially registered with the New York State Department of Enviromental Conservation. Enclosed is a copy of the information we received fi:om NYSDEC with your properties' assigned identifiers. If you have any questions regarding the implementation of the new Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Tim Reynolds at NYSDEC and refer to the assigned identifiers - CE: Suffolk 476 & 477. ~Very truly yours, Melanie D o-To~ki Sr. Administrative Assistant enclosures MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Ynnngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD June 11, 2007 NYSDEC Bureau of RealProperty 625 Broadway, 5~ Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry ROBERT ROWEItL to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please fmd a copy of the recorded Grant of Development Rights Easement on agricultural property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Robert Rowehl Town of Southold May 9, 2007 D00012506 555 2755 Oregon Road, Mattituck, NY 5.003 acres 1000-094.00-04.00-002.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator eric. cc: Robert Rowehl - 2755 Oregon Road, Mattituck, NY 11952 w/o enc. P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: May 9, 2007 Re: ROBERT ROWEHL to TOWN OF SOUTHOLD SCTM #1000-94-4-2 Development Rights Easement - 5.003 acres Please be advised that the Town has acquired a development rights easement on the agricultural farmland listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNER: PURCHASE DATE: PURCHASEPRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: FUNDING: MISCELLANEOUS: 2755 Oregon Road, Mattituck 1000-94-4-2 Robert Rowehl Wednesday, May 9, 2007 $448,000.00 (per contract) 5.003 acres 5.003 acres CPF 2% Land Bank This property is listed on the Town's Community Preservation Project Plan. The development rights easement is identified as part of Lot #2 on an approved "Minor Subdivision for Robed Rowehl" filed in the Suffolk County Clerk's Office on 11/23/98 as Map No. 10209. ROBERT ROWEHL to TOWN OF SOUTHOLD SC'TM #1000-94-4-2 (5.003 acres) SCTM #1000-I00-2-p/o 6.1 (24.108 acres) Development Rights Easement = 29.111 acres Location: 2755 Oregon Road, Mattituck Closing held on Wednesday, May 9, 2007 Department of Land Preservation (from left to right) John P. Sepenoski, Deputy Town Supervisor Robert "Butch" Rowehl File View Toolbar Help ~ .,~'N T~T''~O~ ~. ~TICE ~ COUNTY OF SUFFOLK ~ ~ ~ x-m -. S~THOLD PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAIIJNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY PLANNING BOARD OFFICE TOWN OF $OUTHOLD April 10, 2007 Janice Snead, Esq. Twomey, Latham, Shea, Kelley, Dubin and Quartararo, LLP 33 West 2nd Street P.O. Box 9398 Riverhead, NY 11901 Telephone: 631 765-1938 Fax: 631 765-3136 APR 11 2007 OEPl. OF LAND FR~SERV,~TION Re: Subdivision for the Property of Robert Rowehl The properties are located on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck. SCTM#1000-94-4-1,2 and 1000-100-2-6.1 Zoning Districts: A-C Dear Ms. Snead: The Southold Town Planning Board, at a meeting held on Monday, April 9, 2007, adopted the following resolutions: WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision of Robert Rowehl. The proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1.; and WHEREAS, this proposal is in connection with the proposed Development Rights Sale to the Town of Southold involving the properties identified as SCTM#1000-100-2-6.1 (Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the subdivision map of Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998; and WHEREAS, Parcel A is approximately 27 acres, upon which the Development Rights to 24 acres are proposed to be sold to the Town of Southold, and Parcel B is 5 acres upon which all of the Development Rights are proposed to be sold to the Town of Southold; and WHEREAS, because Parcels A and B will no longer have residential development potential, the proposed modifications to the Declaration of Covenants and Restrictions are designed to provide access that is appropriate for preserved land, while ensuring that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and Robert Rowehl Subdivision Page Two April 10, 2007 WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their work session on January 16, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public hearing and approval by majority plus one of the members of the Board; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination that the proposed action is a Type II and not subject to review; and be it further RESOLVED, that the Southold Town Planning Board set Monday, April 23, 2007 at 4:00 p.m. for a public hearing on the proposed amendments to the Declaration of Covenants and Restrictions originally recorded on May 4, 1998 (liber 11891, page 457) in connection with the Subdivision for the Property of Robert Rowehl. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND the signed green return receipt cards before 12:00 noon on Friday, April 20th. The si.qn and the post need to be returned to the Planninq Board Office after the public hearin.q. if you have any questions regarding the above, please contact this office. Very truly yours, 3erilyn B. Woodhouse Chairperson cc: Melissa Spiro, Land P~'eservation Coordinator ; A. TWOME¥, JR+ STEPHEN B. t. ATHAbl JOHN F. SHEA, III CHRISTOPHER D. KELLEY TWOMEY, LATHAM, SHEA, KELLEY, DUBIN & QUARTARARO LLP Attorneys at Law Post Office Box 9398 Riverhead New York 11901-9398 33West Second Street Riverhead New York 11901-9398 Telephone: 631.727.2180 Facsimile; 631.727.1767 www. suffolklaw.com April 12, 2007 OF COUNSEL KENNETH P. LAVALLE JOAN C. HATFIELD A PHIUP D. NYKAMP Town of Southold Planning Board P.O. Box 1179 Southold, New York 11971 Attention: Jerilyn B. Woodhouse, Chairperson Re: Property of Robert G. Rowehl SCTM#1000-94-4-1,2 and 1000-100-2-6.1 Application to Modify Declaration of Covenants and Restriction~ and Filed Subdivision Map #10209. APR I 3 2007 DEFT OF LAND PRESERVaTiON Dear Chairperson Woodhouse and Members of the Board: This firm represents Robert G. Rowehl, who resides at 2755 Oregon Road, Mattituck, New York. Mr. Rowehl is the fee owner of the three parcels referenced above that were created pursuant to minor subdivision approved granted by the Planning Board subject to a Declaration of Covenants and Restrictions dated April 2, 1998, recorded May 4, 1998 at Liber 11891, Page 457. Mr. Rowehl has recently accepted the Town of Southold's offer to purchase the development rights for lot 94-4-2 consisting of approximately 5 acres as well as the development rights for 24 of the 27 acres of lot 100-2-6.1 subject to modification of the existing Covenants and Restrictions as well as the Filed Map. Because residential development will no longer be permitted on lot 94-4-2 or part of lot 100-2-6.1, it is respectfully requested that the Planning Board approve the proposed modification as contained in the proposed Declaration of Covenants and Restrictions attached hereto, after public hearing. The proposed Covenant will permit lot 94-4-1 to have direct access from Sound View Avenue as opposed to a shared driveway with lot 94-4-2 as required by the existing Covenant. The proposed Covenant will permit lot 94-4-2 to have access over lot 100-2-6.1 instead of lot 94-4-1 as required by the existing Covenant. 20 MAIN STREET 51 HILL STREET 105 ROUTE 112, FL 1S 400 TOWNLINE ROAD 56340 MAIN ROAD, P. O. BOX 325 EAST HAMPTON, NY 11937 SOUTHAMPTON, NY 11968 PORT JEFFERSON STA. NY 11776 HAUPPAUGE, NY 11788 SOUTHOLD, NY 11971 631.324.1200 631.287.00S0 631.928.4400 631.265.1414 631.765.2300 Page --2- Finally, the proposed Covenant shall render void the notations on the Filed Map which (a) identify the "area to provide common driveway access for Lots 1 and 2" and (b) state that "no vehicular access" for Lot 1 shall be permitted. On behalf of our client, it is requested that this matter be scheduled for public hearing. Respectfully, Janice L. Snead JLS:jan Cc: Melissa Spiro Land Preservation Coordinator Lisa Kombrink, Esq., Special Counsel PROPOSED DECLARATION OF COVENANTS AND RESTRICTIONS This Declaration, by ROBERT G. ROWEHL, Mattituck, New York "Declarant". made and dated the day of , 2007, an individual residing at 2755 Oregon Road, 11952, hereinafter referred to as the WITNESSETH: WHEREAS, Declarant is the owner in fee simple of a certain parcel of land designated on the Suffolk County Tax Map as District 1000, Section 94, Block 4, Lots 1 and 2, and Section 100, Block 2, Lot 6.1 described in Schedule "A" annexed hereto and made a part hereof, hereinafter referred to as the "premises"; and WHEREAS, the Declarant has applied to the Planning Board of the Town of Southold for approval to modify certain provisions of the Declaration of Covenants and Restrictions applicable to the premises dated April 2, 1998, recorded in the Office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457; NOW, THEREFORE, in consideration of the premises, the Declarant herein declares that with the consent of the Planning Board of the Town of Southold after public hearing, that the Declaration of Covenants and Restrictions applicable to the premises dated April 2, 1998, recorded in the Office of the Suffolk County Clerk on May 4, 1998 at Liber 11891, Page 457, is hereby modified as follows: Avenue. 2. Access to Lot 94-4-1 shall be permitted from Sound View Access to Lot 94-4-2 shall be provided over a single common access over Lot 100-2-6.1. The common access or right-of- way over Lot 100-2-6.1 from Sound View Avenue shall be build according to Town of Southold requirements. 3. The construction and maintenance of a common access or right-of-way providing access to Lot 94-4-2 and Lot 100-2-6.1 from Sound View Avenue shall be the responsibility of the fee owner of the said lots. 4. Run-off associated with the future construction of the common access shall be contained on site. 5. There shall be no further subdivision of Lot 94-4-1 or Lot 94-4-2 in perpetuity. 6. These amended Declaration of covenants and Restrictions shall render void the map notations which (a) identify the "area to provide common driveway access for Lots 1 and 2" and (b) state that "no vehicular access" for Lot 1 shall be permitted, as shown on the approved subdivision map (Filed Map #10209). 7. That all of the covenants, conditions and restrictions contained herein shall be construed as real covenants running with the land and shall continue and remain in full force and effect at all times as against the owner of the premises or any portion thereof in perpetuity. Said covenants, conditions and restrictions shall be binding upon, inure to the benefit of and be enforceable by the Declarant, his heirs, successors and assigns, any owner of any portion of the aforementioned premises, their heirs, successors and assigns, and the Town of Southold and its successors and assigns, and the failure of any of the foregoing to enforce any of such covenants, conditions and restrictions shall in no event be deemed a waiver of the right to do so thereafter. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to inspect any areas designated as open space, common areas or similar nomenclatures so as to insure continued compliance with the covenants, terms and provisions designated herein in regard to same and to insure that such covenants, terms and provisions have not been violated. The Declarant grants the continuing right in perpetuity to the Town of Southold or any of its designated representatives to enforce the conditions and restrictions of the covenants. These rights of inspection and enforcement shall be binding upon Declarant, his heirs, legal representatives, distributes, successors, assigns and transferees. ~ In addition to the rights of other parties to enforce the conditions and restrictions of these covenants, the Planning Board shall also have the authority, through appropriate legal action and after due notice to the Declarant, his heirs, executors, legal representatives, distributes, successors and assigns, to enforce the conditions and restrictions of these covenants. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority of the Planning Board of the Town of Southold, or its successor body, after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to such modification shall not be required. Robert G. Rowehl STATE OF NEW YORK ) ) ss: COUNTY OF SUFFOLK ) On the day of , 2007, before me personally came ROBERT G. ROWEHL known to me or proved to me on the basis of satisfactory evidence to be the individual(s) 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. Notary Public C PLANNING BOARD MEMBEIRS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND April 24, 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING Al)DRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765~3136 Janice Snead, Esq. Twomey, Latham, Shea, Kelley et al. 33 West 2"d Street P.O. Box 9398 Riverhead, NY 11901 Re: Subdivision for the Property of Robert Rowehl Located on the south side of Sound View Avenue and the north side of Oregon Road in Mattituck SCTM#1000-94-4-1 & 2 and 1000-100-2-6.1 Zoning Districts: A-C Dear Ms. Snead: The Southold Town Planning Board, at a meeting held on Monday, April 23, 2007, adopted the following resolution: The public headng was closed. WHEREAS, this proposal is to amend the filed Declaration of Covenants and Restrictions that were recorded on May 4, 1998 (Liber 11891, Page 457) in connection with the Subdivision of Robert Rowehl; the proposed amendments will allow SCTM# 1000-94-4-1 to have direct access from Sound View Avenue and provide for access to SCTM#1000-94-4-2 over SCTM#1000-100-2-6.1; and WHEREAS, this proposal is in connection with the proposed Development Rights Sale to the Town of Southold involving the properties identified as SCTM#1000-100-2-6,1 (Parcel A) and SCTM#1000-94-4-2 (Parcel B) as shown on the Subdivision Map of Robert Rowehl, approved by the Southold Town Planning Board on October 26, 1998; and WHEREAS, Parcel A is approximately 27 acres upon which the Development Rights to 24 acres are proposed to be sold to the Town of Southold and Parcel B is 5 acres upon which all of the Development Rights are proposed to be sold to the Town of Southold; and C Robert Rowehl Subdivision Pa,qe Two April 24, 2007 WHEREAS, because Parcels A and B will no longer have residential development potential, the proposed modifications to the Declaration of Covenants and Restrictions are designed to provide access that is appropriate for preserved land, while ensuring that access to SCTM#1000-94-4-1 from Sound View Avenue is permitted; and WHEREAS, the Southold Town Planning Board discussed these proposed modifications at their Work Session on January 16, 2007 and agreed that said changes to the Declaration of Covenants and Restrictions requires a public headng and approval by majority plus one of the members of the Board; and WHEREAS, on April 13, 2007, the applicant submitted the final draft amended Declaration of Covenants and Restrictions which contained all of the modifications as agreed to by the Planning Board; be it therefore RESOLVED, that the Southold Town Planning Board hereby approves the amended Declaration of Covenants and Restrictions and authorizes the agent and/or applicant to file the document in the Office of the County Clerk, subject to the following: In the event that the Development Rights Sale to the Town of Southold does not occur, this approval shall be rendered null and void and the amended Declaration of Covenants and Restrictions will be reverted back to the original as filed In connection with the Subdivision of Robert Rowehl (Liber 11891, Page 457), This approval is valid for six (6) months from the date of the resolution unless an extension of time is requested by the applicant and approved by the Planning Board. If you have any question~ regarding the above, please contact this office. Very truly yours, Chairperson cc: Melissa Spiro, Land Preservation Coordinator TOTAL AREA = 37.2518 Acres ZONING DISTRICT: AC FIRE DISTRICT~ 30T SCHOOL DtSTRIC ~ 9 MINOR SUBDIVISION FOR ROBERT ROWEHL A T MA TTITUCK TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 100 - 02 - 08 · . .Scale, I,~' Dec. 7. 1995 ROAD flOaERT. RO A E R I A L S ! I ! I I I ! I I I I i I I AERIAL PHOTO 1996 I I I ! I ! I I I I I I ! ! I AERIAL PHOTO 1984 I I I I t I I I I I i I i I I AERIAL PHOTO 1978 i I i I I I I i I ! I I I I I AERIAL PHOTO 1966 I i I I I I I I i' I I I I I I I I AERIAL PHOTO 1955 S U R V E Y LOT (~ 5 25'48'00' E 55.50' S 25°27'00' E N/O/F RANDY SCOTT SHUR sOUTHOI.D TOWN DEVELOPMENT RIGHTS 824.8-5' S 25'40'0o' E N/O/F ALLAN ARRIETA N/O/F ANN & RALPH BADAGLIACCA ELIJAH'S LANE 500.88' LOT DEVELOPMENT RIGHTS TO BE TOWN OF SOUTHOLD SOLD TO THE $25.77' DE VEL OPMEN T RIGHTS TO BE SOLD LOT (~ AREA = 2zt,108 Acres TO THE TOWN OF SOUTHOLD RESERVED AREA 3.140 Acres ~ ~ IE II _~.~ ~a ...'~oo'~-...'. :-t~ ~ ~' ~ "'~ .' ~ "-" """""~ "" ~ '~.~'~'~°'~'"~ ~ ~'''''''''-' ~ ~'~' ~ ~ N/O/F BRIAN PESSIN N/O/F KELL ~KAELINI & COUNTY OF SUFFOLK SUR VET OF PROPER TY A T//,A TT/TUC.~, TO WN OF SOUTHOLD SUFFOLK COUNTY ,N. Y. 1000-94-04-02& 1000- 100-02-P/06.1 StCALE4"= IO0' M[ARCH ~3,2007 A~PR/L I1: 200? (revfsionsJ FINAL SURVEY CER T/FlED TO' ROBERT G. RO~'EHL~ TOWN OF SOUTHOLD, STEVIART TITLE INSURANCE COMPANY, NYS DEPARTMENT OF ADR/CUL TURE AND MARK£TS ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION TOT, AL AREA = 32.251 Acres E ONIC SU~/EYO~ P. O. BOX 909 ' 1230 TRAVELER ST~ SOUTHOLD, N.Y. 1197~~ 07-121