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Rowehl, Robert (2)
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 l 7 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ April 10, 2007, at 7:50 p.m, Southold Town Hail, 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 pumhase 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 right now is the right 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 hearing 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 farm 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 farm 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 ~Ne;ille Southold Town Clerk Town of Southold - Letter Bo~{~J~JMeeting o~f ~pril 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 I0, 2007: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of development fights 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 oppommity 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 27± acre parcel and 5± 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 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; and Generated April 11, 2007 Page 79 Town of Southold - Letter~ Bo~ 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 rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program (LWRP) and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights 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 (Aericultural Lands Preservation) 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 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 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 #1000-2-6.1 consisting of approximately 24± acres (subject to survey) of the 27± acre Generated April 11, 2007 Page 80 Town of Southold - Letter Bo~Meeting of April 10, 2007 parcel, and a development rights easement on the entire adjacem 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 easemem 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. Evans, 3ustice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski .Ir. Generated April 11, 2007 Page 81 Town of Southold - LetterO Boam Meeting o pril 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 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 244- acres (subject to survey) of the 274- acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 54- 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 244- acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 54- acre adjacent parcel, plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further Generated April 11, 2007 Page 67 Town of Southold - LetterO Bo~ Meeting of April 10, 2007 RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANZMOUS] MOVER: William P. Edwards, Councilman SECONDER: AlbeK( Krupski Jr., Councilman AYES: Evans, Wickham, Ross, Edwards Russell, Krupski Generated April 11, 2007 Page 68 #8314 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 5th dayof April, 2007. Principal Clerk Sworn to before me this 2007 day of '~'~_ CHRISTINA VOLINSKI NOTARY PUBLIC-$¥ATi~ OF NEW YORK No, 01-V06105050 Quollfiea ~n sufloik County Commission Expires February ~B, 30~B 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 thc Town Code, the Town Board of the Town of South#Id hereby ~ [0. 2007. at 7-50 p.m. Southold Town Hall. 53095 Main Road. Southold. New York as the time and olace for a oublic hearin~ for the DnFchflse of development by Robert Rowehl. Said properties are identified as part of SCTM #1(g)0-100- 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 Ore- gon 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 easter- ly from the intersection of Lloyds Lane and Sound View Avenue in Mattituck in the A-C zoning district. Tile proposed acquisition is for a development rights easement on a part of the property iden- tified as SCTM g1000-100-2-6,1 consist- lng of approximately 24± acres of the 27± acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM 01000-94~-2 consisting of 5± acres. The exa~t area of the purchase is subject to a Town-provided survey ac- ceptable to the Land Preservation Com- mittee and the property owner. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre (four hundred forty-eight thousand dol lars) for the easement on the entire 5± acre adjacent parcel plus acquisition costs. Both easements will be acquired using Comnmnity Preservation Funds. The 24_+ acre easement purchase may be eligible for partial funding from an awarded NYS Agriculture and Markets grant, Tile properties are listed on theTown'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 Depart ment, South#Id Town Hall Annex, 54375 Route 25, South#Id, New York, and may be examined by any interested person during business hour~ Dated: March 13, 2007 BY ORDER OFTHE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk ~33J.4-IT 4/5 617.20 Appendix C State Environmental Quality Review SHORT ENV/RONMENTAL ASSESSHENT FORM For UNLISTED ACITONS Only PART [-PRO3ECT INFORMAl/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLiCANT~SPONSOR: $outhold Town Board 3. PRO3ECT LOCAl/OH: Munedpality: ~o ~ %'~--c~/- ~ 4. PRECISE LOCAl/ON: (Street address and road Intersections, prominent landmarks, etc, or provide map) 5. IS PROPOSED ACT/ON: ~New ~ L~ Expansion Modification 6. DESCRIBE PRO.1ECT BRIEFLY: INITALLY acres ULTiMATELY '~ 7 __ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISI'~NG LAND USE RESTRICTIONS? ~Yes ~ No /f No, descr/be br/e/ly g. WHAT IS PRESENT LAND USE IN vrcINITY OF PRO3ECT? 'J~ Residential [-; Commercial j-: Industrial~ Agriculture ~ Par' [ ,e ~/:o st/Open space Other Descr/be; 10, DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? n/I ~ ~1. DOES ~NY ~SPE~ OF THE A~ON ~AVB A CURRENTLY VA~D PERM~ OR APPROVAL? ~ Yes ~ No if yeS, //b? a~en~(s) and pern/~appmvaZs 12. AS RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE PART ~-ENV/RONHENTAL ASSESSHENT (To be comp et:ed by Agency) Page 2 of 2 .~ DOES ACT/OH EXCEED ANY TYPE ! THRESHOLD !FI 6 NYCRR, PART 6:1.7.47 S. WILL AC1/ON RECEZVE COORDZNATED REVIEW AS PROVZDED FOR UNLISTED ACTLOflS ZN 6 NYCRR, PART 617.67 [~ Yes~O No if no, a ne~abVe dedarat/on may be suspended by another invoNe~ agency C. COULD ACT[ON RESULT [N ANY ADVERSE EFFEC'FS ASSZOC][ATED wi'rd THE FOLLOWZNG: (Answers may be handwrltten~ If legible) CJ.. Existing air quality, surface or groundwater quality or quantity, noise levels, existiog traffic patterns solid waste production or dispo~,~ potential for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighberbood character? Explain briefly: C3. ~,lqoetation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as offldally adopted, or change in use or intensity of use of land or other natural resources? Explain briefly: C5. G,r~wth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts Cinduding changes in use of either quantity of type of energy)? Explain briefly: D. WZLL THE PRO3ECT HAVE AN IMPACT ON THE ENVZRONMENTAL CHAILRCTER[CS THAT CAUSED THE ESTABLISHMENT OF A CEA? ~ Yes~ No E. IS THEREf OR IS THERE L!KELY TO BEt CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? PART III- DETERMZNA'I'~ON OF SIGNIFICANCE (To be completed by Agency) [N~TRUCI ]©NS: For ead~ adverse effect identified above, determine wbether it is substantial, lar ge, or otherwise $igrdficant. ~ach effect should be assessed in connection with it~ Ca) setting Ci.e. urban or rural); probability of occurring; Cc) duration; Cd0 [rreversibility; (e) geographic scope; and Cf) magnitude, if ~ccessaw, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impa£t~ have been identified and adequately addressed. If q~estJon 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 CEA. Check this box if you have identified one or more potentially large or significant adverse impacts, which may occur. Then proceed directly to the FULL ENVIRONHETiNAL ASSESSrflENT FOR. H and/or prepare a positive declaration. Check this box if you have determined based on the informat on and analysis above and any supporting documentation t ~at the proposed action WILL NOT result in any significant adverse environmental mpacts AND provide on aLtachmen~s as necessary, the reasons supporting this determination: C-~ _ j~ Name of Ll!*c,~Agency Title of Re nsible Office~ $ignatu~of~,esponsible Officer in Lead Agency -- ' Sig'-r~at onsible #8294 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), commencing on the 29TM dayof Mamh, 2007. Principal Clerk Sworn to before me this 2006 day of I CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2008 Town of Southold - Letter{ 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 #2007- 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 Tuesday, 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 LEGALNOTICE 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¥~ April l0t 2007~ at 7:50 p.m.~ Southold Town Hall~ 53095 Main Road~ Southoid~ New York as the time and place for a public hearing for the purchase of development rights easements on properties owned b¥ Robert Rowehl. Said properties are identified as part of S CTM #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 244- acres of the 274- acre parcel, and a development rights easement on the entire adjacent parcel identified as SCTM # 1000-94-4-2 consisting of 54- 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 244- acre easement and $448,000 (four hundred forty-eight thousand dollars) for the easement on the entire 54- 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. 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 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold, New York being duly sworn, says that on the ~ \ ~ day of ~ ~rrc~ ,2007, she affixed a notice of which the annexed printed notice is a tree copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH Rowehl 4/10/07 7:50 pm · ~l~zabeth' A. Nevill~ - - Southold Town Clerk Sworn before me this ~ \ day of ~c~ct~_~ ,2007. * lqlotary Public LYNDA M. BOHI~I NOTARY PUBLIC, S~ate of NeIY~ No. 01BO6020932 Qualified in Suffolk County Term Expires March 8, OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 F~x: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: Town of Southold Town Board Melissa Spiro, Land Preservation CoordinfllO~ From: Mark Terry, Principal Planner LWRP Coordinator Date: March 19, 2007 RECEIVED 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 Local 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. 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¥~ March 27~ 2007~ at 4:55 p.m., gl~ Southold Town Itall~ 53095 Main Road, Sonthold, 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 fights 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 Commanity 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 22, 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 Town of Southold - Lette~ Boat~leet~g of March 13, 2007 RESOLUTION 2007-281 ADOPTED Item # 29 DOC ID: 2700 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-281 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13, 2007: 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,y~ March 27~ 2007~ at 4:55 p.m.~ Southold Town Hail~ 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 S CTM # 1000-100-2-6.1 (Parcel A) and the entire S CTM #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 274- 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 244- acre easement and $448,000 (four hundred forty- eight thousand dollars) for the easement on the entire 54- 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. 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 Generated March 14, 2007 Page 37 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: From: Date: Re: Elizabeth A. Neville Town Clerk Melanie Doroski Sr. Administrative Assistant April 7, 2010 ROBERT ROWEHL to TOWN OF SOUTHOLD Development Rights Easement - 5.003 acres SCTM #1000-94.-4-2 Betty: Enclosed for safekeeping in your office, please find the following documents: Suffolk County Clerk Records Office Recording Page · Suffolk County Recording & Endorsement Page · Original Grant of Development Rights Easement dated May 9, 2007, between Robert Rowehl and the Town of Southold, recorded in the Suffolk County Clerk's office on 5/23/2007, in Liber D00012506 at Page 555 · Title insurance policy #O-8901-009061 issued by Stewart Title Insurance Company on 5/9/2007 in the insured amount of $448,000.00 (title no. ST-S-8594) · Closing Statement Thank you. Melanie encs. cc: Assessors w/copy of recorded easement & survey map last dated 4/11/2007 by Peconic Surveyors, P.C. SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 15 Receipt Nu/nber : 07-0049949 TRANSFER TAX NUMBER: 06-34263 District: 1000 Deed Amount: Section: Block: 094.00 04.00 EXAMINED A/gD CHARGED AS $0.00 Recorded: At: LIBER: PAGE: FOLLOWS Received the Following Fees For Above Instrument Exempt Page/Filing $45.00 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 OEPT OF LAND PRESERVATION 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 $0.0o NO $114.75 Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Page / Filing Fee . Handling fi. 00 TP-584 , ( Notation EA-5217 (County) EA-5217 (State) R.RTS.A. Y Comm. of Ed. 5. 00 Affidavit Q.CertifiedC0py '.') 0 7~'~/ Reg. Copy Other ./~'/ __ Deed / Mortgage Tax Stamp FEES Sub Total RECORDED 2007 May 23 134:41:14 PM Judith fl. Pascale CLERK 0F SUFFDLK COUNT? L 000012506 P 555 DT~ 06-34263 Recording / Filing Stamps Sub Total Grand Total I°°OIsectiondq',/,aoI Oq. oo ILot ooo 4 District I Block ~90~, Real 1.000 09400 0400 002000 Property ~ Tax Service Agency Verification 6~ Satisfaction/Discharges/Release List Property Owners Address Mailing RECORD & RETURN TO: gl Consideration Amount Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. ! Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment __ Transfer Tax Mansion Tax The property covered by this 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. -fl-nq Community Preservation Fund $. CPF Tax Due $. Improved Vacant Land TD 71 Title Company Information Title S r- S- ea qq Suffolk County Recording & Endorsement Page This page forms part of the attached ~,t~X/7" ,9 F ~,ffv~e-Zo~rO,--~7-- ~/6/ff:r,5 ~4~Yoy~zr'r made by: (SPECIFY TYPE OF INSTRUMENT) l[~O !~...'r /~ow~'lqz.. The premisis herein is situated in TO SUFFOLK COUNTY, NEW YORK. In the Towaship of In the VILLAGE or HAMLET of XES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING Dear Taxpayers, Your satisfaction of mortgage has been filed n my office a. nd I am enclosing the original coPy for your records. Ifa portion of your monthlY mortgage paymef~t included your l~roperty [~xes, you will now need to contact your local Town Tax Receiver so that you may be billed directly for all future property tax bills. Local property taxes ~e payable twice a y6ar on or before Jangary l0th and on or before May 31st. Failure to make paym~ntg in a timely fashion could.result i,n a penalty. Please contact your local Town Tax Receiver with any qpes~ons regarding tax payments. Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (63 I) 957-300~4 Brookhaven Town Receiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (63 I) 473-0236 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324~2770 Riverhead Town Receiver of Taxes 200 Howell Avenue Rive/head, NY 11901 (631) 727-3200 Shelte? Island T0(vh Receiver of Ta, xes Shelter Island Town Hall Shelter l,sl~d, NY 11964 (631) 7.49r3338 Smithtown Town Receiver of Tax~s 99 West Main Street Smithtown, NY 1 I787 (631) 360-7610 Huntington Town Receiver of Taxes 100 Mgin Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) ~8,3-~514 Islip Town Receiver of Taxes 40 Nassau Avenue Islip, NY 11751 (631) 2¢4-5580 Southold Town Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-1893 Sincerely, Edward P. Romaine Suffolk Cou~nty Clerk GRANT OF DEVELOPMENT RIGHTS EASEMENT THTS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 9th day of Hay, 2007 at Southold, New York. The parties are ROBERT ROWEHL, having an address at 2755 Oregon Road, Hattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Hain 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 IT 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 Haster 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: 0.0! 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 Purpose 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 Recoqnition 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. 2 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 Markets 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 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 4 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. 5 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that 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 ARTTCLE 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 Landscaping 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 Markets 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 ]~mprovements. 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 6 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 production; (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 ~rovisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, ~n 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 Alienabi.lity 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 shall 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, all 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 8 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 Rights 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 (iii) 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. 9 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. Hailed 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. Hailed 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 Extinquishment/Condem nation 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 Properb/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. Tn 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. ART][CLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties lo 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 I.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. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, 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. TN W!TNESS 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 $OUTHOLD(Grantee) JOHN P. SEPENOSK! 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 COUNTY CLERK'S OFFICE capacit~ STATE OF NEW YORK SS.: ~), or the pe~ COUNTY OF SUFFOLK ~ I~I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of RecRecc}~d thereof, do hereby certify that I have compared the annexed with Notary 1~ ~.~IE .... ~'-~'~'~ '- mv office o~ ~ f2~.~..0....~- under ~;~ ~.~..0.~1 ,AGE~...~-. and, that the same isa true thereof, and of the whole of such original. seal of said County and Court on this .,,d~..'~. :.: clay ot ....... ~..x...~-.,-..~ ...... STATE 0% O[ appeared ............. satisfact¢~_ ............... ~ ,,,u~woua~/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), 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. PALLON Notary Public, Stat~- Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, o2~1! 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(les), 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 (Insert the city or other political subdivision and the state or country or other place the acknowledgment was taken.) C:~Documents and Settings~mn¢~vly Documents~mne\Towa of Southold Deeds of Development Rights~t. owchlwith townlanguageGrant of Development Rights Easement c 13 Stewart Title Insurance Company Title No: ST-S-8594 Schedule A Description (AMENDED 4/23/07) ALL that certa'm 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 23rd, 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 mm is North 53 degrees 08 minutes 10 seconds West a distance of 56.81 feet fi.om 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 of beginning; RUNNING THENCE fi.om 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 Kandy 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. 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. FALTA 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 properly created, executed, witnessed, sealed, ackcewledged, notarized, or delivered; (iv) failure to perform tbese acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or Iocafion 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 rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: 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 furnish written nelice in accordance with Section 3 of the Conditions. Visit our Word-Wide Web site at http://www.stewartnewyork.com File No.: COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in pad, or from a court order (b) (i) to be timely, or (ii) to impart notice of its existence to a purchaser 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 pdor 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 insolvency, or similar creditors' rights laws; or and prior to the recording of the deed or other instrument of transfer in the because the instrument of transfer vesting Title as shown in Public Records that vestsTitle as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, 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, attomeys' 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 fraudulent 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 authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. 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 Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an 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 wbelly-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 both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights 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. "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 constitute real property. The term "Land" does not include any properly beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy, (h) '*Mortgage": Mortgage, deed of trust, trust deed, or other security 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 records of the clerk of the United States District Court for the district where the Land is located. (j) ~Tifie": 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 Title 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. File No.: BightF&x 5/9/2007 11:09:08 AM PAGE~4 Fax Server ALTA OWNER'S POLICY (6/1 ?/06) SCHEDULE A File No.: ST-S-8594 Policy No.: O-8901-9061 Amount of Insurance: $448,000.00 Premium: $1,947.00 Date of Policy: 5/9/2007 1. Name of Insured: Town of Southold The estate or interest in the land that is encumbered by the Insured Mortgage is: Development Rights Easement Title is vested in: Town of Southold, who acquired Development Rights by virtue of a deed from Robext Rowchl, 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 23fa, 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 ofbegiuning 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 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 BEGINNING. ALTA OWNER'S POLICY (6/17/06) SCHEDULE B PART I File No.: ST-S-8594 PolicyNo.: 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 grantor 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. 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) CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shall have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in wdting (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. 4. 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 insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. 5. 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 asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy, (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the (b) Company ail 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 authorized representative of the Company and to produce for examination, inspection, and copying, al such reasonable times and places as may be designated by the authorized representative of the Company. all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage, Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. OPTIONS TO PAY OR OTHERWISE SE'I-rLE 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 obligafions 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 Othenvise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To pay or cthenvise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. CONDITIONS (Continued) II Pa~e3 Serial No.: O- II File No.: 8. DETERMINATION AND EXTENT OF LIABILITY 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 dsk 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 liabitity under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company sha~l 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 er 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 insudng 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 Title, and the amount so paid shall be deemed a payment to the Insured under this policy, 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 SE~-rI.EMENT (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 dghts and remedies in respect to the claim that the Insured Claimant has against any person or property, 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 dghts 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 rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise 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 pcticies of insurance, 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 American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with ctaims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction, 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this pe[icy 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) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect, 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enfome the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction, 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42~ St, 10~ Floor, New York, NY 10017. I Parle4 Serial No.: O- 1 File No.: 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(10117~06) $ 1,200.00 $ 1,900.00 Survey Legal Description Payable to Peconic Surveyors, PC Check #91042 (5/8/07) $ 250.00 Title Report Payable to Stewart Title Insurance Company Check #91100 (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 SOUTHOLD, NEW YORK 11971-0959 5/9 CLOSING DATE CHECK NO. 05/09/2007 91097 FOUR HUNDRED FORTY EIGHT THOUSAND AATD 00/100 DOLLJ~RS PAY TO THE ORDER OF ROBERT ROWEHL 2755 OREGON ROAD MATTITUCK NY 11952 "'0q~Oq?"' 1:02~1,05[,[:~,1: ~:~ 000001~ 0"' VENDOR 018578 ROBERT ROWEHL H2 .8686.2.000.000 050907 05/09/2007 CMRC~ PURCHASE-5 ACRES TOTAL 91~97 448,000.00 448,000.00 TOWN OF SOUTHOLD · SOUTHOLD. NY 11971-0959 _ J GI'VEN 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) Soutl~ of Sound View Avenue Mattituck, New York 11952 File# 2003160 $1,200.00 real estate appraisers and consultants A $ $ 0 C I A ? E $ Date [ Invoice I 548 Route 111 / PO Box 5305 10/2/2006 127 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Melissa Spire Land Preservation Coordinator Town of Southold P.O. Box 1179 Southold, NY 11971 Please make check payable to: GIVEN ASSOCIATES, LLC. [ [ Appraisal of Real Property Description of Robert Rowehl Located (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. #1000-100-2- p/o 6.1 File No. 2006236/2006235 Terms Due upon Receipt Amount 1,900.00 600.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 007416 GIVEN ASSOCIATES LL Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 2/28/2006 3/28/2006 5/09/2006 7/11/2006 7/25/2006 8/08/2006 9/05/2006 10/17/2006 11/08/2006 11/08/2006 12/05/2006 1/16/2007 1/16/2007 1/16/2007 2/28/2006 H3 .600 3/28/2006 H3 .600 5/09/2006 H3 .600 7/11/2006 A .600 7/25/2006 H3 600 8/08/2006 H3 600 9/05/2006 H3 600 10/17/2006 H3 600 11/08/2006 H3 600 11/08/2006 H3 600 12/05/2006 H3 600 1/16/2007 H3 600 1/16/2007 H3 600 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--GL100N .............. : W-10172006-167 Line: 161 Formula: 0 : : Account.. H3 .600 : :Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 10/17/2006 SDT 10/16/06 : : Trx Amount... 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 ~URVEYOR8, PoC. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-~020 · Fax (631) 765-1797 April 5m. 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 F2=Shift Up F3=Exit F10=Prev View Select 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 SCN-B : Invoice Code. 040407A : VOUCHER ...... : P.O. Code .... 16523 : Project Code. : Final Paylnent P Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 5/08/2007 : Date Cleared. : F3=Exit F12=Cancel : STEWART TITLE INSURANCE COMPANy 125 Baylis Road, Suite 201,- Melville, New York 11747 631-501-9615 fax 631-50i-9623 FAIR MARKET VALUE RIDER. PREMFUI~ MORTGAGE INSURANCE COVERAGE PREMIU~ ENDORSEMENTS: Envlronmen~zl Waiver of Arbitration RECORDING FEES: ( ) WED(S) ( ) SATISFACTIOn(S) ()MORTGAGE(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) xss/o~vtE~rr(s) TOTAL CHARGES $ CLOSER CHARGES, IF ANY: PICK-UP FEE OTHERi PATRICIA L. FALLON · Title Closer ,'Oq~OqC~,',:OBi, l~OSl~r~l~l: r~3 ooooo~ oil, V'RN'DOR O] 9~2~ ,qT~WA'RT TTTT,F, T1g,qTI~A1gC'R ~N 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 ./ MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hail 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: PURCHASE PRICE: TOTAL PARCEL ACREAGE: EASEMENT ACREAGE: FUNDING: MISCELLANEOUS: 2755 Oregon Road, Mattituck 1000-94-4-2 Robed 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 Robert Rowehr' filed in the Suffolk County Clerk's Office on 11/23/98 as Map No. 10209.