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Home My WebLink AboutDroskoski, Estate of Anna T 1000-18.-4-7.7 1000-18-4- 7.7 (f/k/a 1000-15-4-p/o 7.1) Baseline Documentation Premises: 28105 Main Road (NYS Route 25) Orient, New York 18.8253 acres Development Rights Easement ESTATE OF ANNA T. DROSKOSKI, by Patricia A. Sepenoski, Executrix to TOWN OF SOUTHOLD Easement dated May 13, 2010 Recorded May 19, 2010 Suffolk County Clerk - Liber D00012625, Page 238 SCTM #: Premises: Hamlet: Purchase Price: Funding: Grant funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area (east): Reserved Area (west): Zoned: Existing Improvements: 1000-18-4-7.7 (f/k/a 1000-18-4-p/o 7.1) 28105 Main Rd (~¥s Orient $1,410,310.10 (16.8253 buildable acres $75,500/acre) Community Preservation Fund (2% land bank) Bond $748,305.65 USDA-NRCS FRPP awarded federal grant Yes 21.2558 acres 18.8253 easement acres 2.1120 acres 0.3185 acre (c&R's) R-80 In March 2010 - Farm road running along boundary lines; farmed field; wooded area along northerly boundary line; deer fencing around perimeter. PROPERTY DESCRIPTION .LEGAL The subject is legally identified on the Suffolk County Tax Map as District 1000, Section 18, Block 4, p/o Lot 7.:1. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. LAND The subject (the area considered in this appraisal) has 50+ feet of frontage along Route 25. It contains an area of 19.4+_ acres. The larger parcel, of which the subject is a portion, has 257+_' of frontage along the northerly side of SR 25 (Main Road), running thence westerly 300+_', thence westerly 260+', thence southerly 140+-', thence westerly :120+-, thence northerly :1,462+_', thence easterly 608+', thence southerly 1,819+-' (irregular) along Browns Hill Road (private) to the place of beginning. The land is gently sloping and cleared. The property is 4+_'-8+' above road grade along SR25. The property may offer distant water views. Utilities (electric and telephone) are available to the site via Route 25. SR 25 (Main Road) is a two-way, macadam-paved road. Browns Hill Road, which abuts the easterly boundary of the subject, is a private road and access to the subject could not be achieved from this roadway. Water would be provided by on-site wells. Sanitary flow would be handled by an on-site septic system. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, February 26, 2008 at 6:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman (6:12 p.m.) Monica Harbes Eric Keil (left 6:55 p.m.) Lillian Ball Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison (left 7:26 p.m.) Stephen Searl, Peconic Land Trust (6:13 p.m. to 7:42 p.m.) Michelle Zaloom Chris Baiz Commencement: · The meeting began at 6:10 p.m. with five LPC members present. Adoption of Meeting Minutes: · Acceptance of meeting minutes from February 5, 2008 MOTION made by Monica Harbes, seconded by Michelle Zaloom, to approve the Land Preservation Committee meeting minutes from February 5, 2008. Motion carried: 5/0 (John Sepenoski absent from vote) Applications and Inquiries: DROSKOSKIPROPERTY SCTM #: 1000-18-4.7.1 Zoned: R-80 Location: 28105 Rt 25, Odent CPF: Yes Total Acreage: 21.25 acres (22.0:4 GIS) Subdividabie: Yes New PDR application (staff report). John Sepenoski absented himself from room during discussions on this project due to his family relationship to landowners. New application discussed. Landowners have offered a +20 acre development rights easement for sale to the Town, requesting to retain an 80,000 sq. ft. area with road frontage on Route 25. MOTION made by Michelle Zaloom, seconded by Monica Harbes, to direct Melissa Spiro to commission an appraisal on the Droskoski property and value the easement area in two ways: 1) 2% to 5% lot coverage for future agricultural structures; and 2) with no restrictions for agricultural structures. Motion carried: 4/0 (Eric Keil and John Sepenoski absent from vote) LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, March 10, 2009 at 7:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman Monica Harbes Ray Huntington Chris Baiz Maureen Cullinane none Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust Fred Lee, Sang Lee Farms (LPC appointment 8:15 p.m.) Eric Keil Lillian Ball (7:11 p.m.) Commencement: · The meeting began at 7:09 p.m. with six LPC members present. Adoption of Meeting Minutes: · Acceptance of meeting minutes from February 10, 2009 and February 17, 2009 MOTION made by John Sepenoski, seconded by Maureen Cullinane, to adopt the February 10, 2009 and February 17, 2009 Land Preservation Committee meeting minutes. Motion carried: 6/0 (Lillian Ball absent from vote) Applications and Inquiries: DROSKOSKI PROPERTY SCTM #: 1000-18-4-7.1 Zoned: R-80 Location: 28105 Rt 25, Orient CPF: Yes Total Acreage: 21.25 acres (22.04 GIS) Subdividable: Yes Request to re-open PDR application John Sepenoski absented himself from the room due to a family relationship to property owners. Melissa Spiro gave background information on this application that had been submitted to the LPC on 2/15/08. A formal pumhase offer was made for the Droskoski development rights easement on May 29, 2008. No action was taken by landowner and offer expired. Melissa met with landowner and explained that if there was a desire to re-activate this application, then landowner should be aware that any offer made at this time may be lower than the 2008 purchase offer. Landowner understood and returned a signed letter to this affect. MOTION made by Eric Keil, seconded by Chris Baiz, to direct Melissa Spiro to contact the appraiser to commission an update to report dated April 10, 2008. Motion carried: 6/0 (John Sepenoski absent from vote) P R 0 P E R T Y V I S U A L S Tax Map Location I I I I i I I I I I i I I Subject Photographs View of subject looking north from southern property boundary View of subject looking southwest from Browns Road I I I I I I I I ! I I I I I I Subject Photographs View along State Route 25 looking east View along State Route 25 looking west I I I I I I I / I I ! I I I SUBJECT PHOTOGRAPHS SUBJECT'S WATER VIEW Zoning Map j E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment Droskoski Property 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order determine if potential environmental or public health concerns are present. This report is intended to identify Recognized Environmental Conditions (as defined in ASTM Standards on Environmental Site Assessments for Commercial Real Estate and the Target Protocol) on the subject property based on the four (4) basic components of a Full Phase ! Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Orient, Town of Southold, County of Suffolk, New York. The overall property is a 21.3-acre parcel of agricultural land. This report addresses the 19:~ acres from which the Town is purchasing the Development Rights. The subject property is located on the north side of Main Road (SR 25), approximately 100 feet west of Browns Hill Road. The property is more particularly described as Suffolk County Tax Map # 1000-018-04- 7.1. The subject property is utilized as farmland. Currently, the property is fallow but is utilized to grow vegetables. No irrigation well or pump engine were located on the subject property. No structures, staining or stressed vegetation was observed on the subject property. No Sanborn map coverage was available for the subject property or nearby area. Aerial photographs from 1938, 1954, 1957, 1961, 1969, 1976, 1980, 1985, 1994, and 2006 were reviewed in order to determine if any prior uses occupied the subject property. This review revealed the subject property was utilized as farmland in all of the aerials. An extensive government records search found no potential sources of environmental degradation on the subject property. Two (2) Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, two (2) spill incidents, one (1) active and one (1) closed, were located in close proximity to the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject properties, subject to the methodology and limitations of this report. FIGURE LOCATIO~ Sca~e: N'FS I I i I I I I I I I I I I I 1 A~ P~:AL PHOTOGRAPH Source: N¥SG[S Orthoin~age~y Program, 2007 Scale: 1': 300~ NOR]'[] + Oro~kosk~ ~st~te~ I I I I I I I I ! I I I I I I ! I LAND Source: NYSGIS Orthoimage~ Program. 2007 Scale: I' 700' NORTI~ + ! ! ! ! AC R~40 R-80 R-,120 R-200 R~400 HD AHD RR RO Residential/Office LB B Mil FIGURE 4 /:,9ricultural Conse~vauon Residential Low Denslt~ /~.A Residential Low Density A Reside_ntial Low Density B Residential Low Density C Residen~a Low Density D Hamlet Density Residential Affordable Housing District Resort/Residential L~m~ted Business General Business Marine I Marine Ltgn[ Industrial/Office Park I Scale:S°m'ce: Suff~tki ~: 800'C°m~b' Soil Survey +. TOPOGRAPH[~ So/[rce: US(~S Topographic Qaadmagle, Orient & Souihold Scale: 1' = 80(Y I I I I I I I $16783 $52O84 S75432 $9~279 1.45 ~$51186 1,98 S57371 ®9.80 ~7.16 / 12.5~ Source: USGS ~r(wisionat Water Resources NORTEI Investigations Repo~ + Scale: i" = 8,000' Orient Source: SC~?~;A D stI-blitiot Map 2007 Sca[e: NTS Drosko~ki E~tmtes~ I I I I I I I I I I Source: N¥SD~ (? Freshwater Wethmds Map, NORTtI Orient + Scale: ['~= 800~ % Eg $2'P NATIONAL WETLAN DS INVENTORY N~AP Source: Nadonal Wetlands h!ventoly Map NORTH Orienl + Scale: I I I I I I I I I I I I I I I NORTH + '\ Distance in Miles Toxics Targeting 1 Mile Radius Map Droskoski Estate Orient, NY 11957 N ON ational Pdonty List (NPL) QDisposal Registry Site Site Location Border Suffolk County Inact. Haz Waste Disp. H Registry Quali~ing 112 I ,/ / / / Toxics Targeting 1/2 Mile Radius Map Droskoski Estate Odent, NY 11957 N ~ CERCLIS Superf~nd Non-NFRAP Site Storer, Oisposer ~ Mater~al Spill MTBE Gasoline (~ Addi§ve Spill Site LocaUon Courlty Border 1 Mile Suffolk County Delisted NPL Site {~ CERCLIS Super'fund NFRAP Site Solid Waste Site ~ Waterbody Radius ! Toxics Targeting 1/4 Mile Radius Map Droskoski Estate Orient, NY 11957 N ~ Stora§e Facility Chemical Storage Toxic Wastewater ~ Discharge Location Border Radius Suffolk County Enforcement Docket Facility Petroleum Bulk · Storage Facility Hazardous Waste [] Generator, Transp. ~ Waterbody Radius Distance in Miles / / · Droskoski Estate / / Toxics Targeting 1/4 Mile Closeup Map Droskoski Estate Odent, NY 11957 N Suffolk County · CERCLIS Superfund ~ CERCLlSSuperfund ~ N. FRAPSde Non-NFRAP Site ** Inactive Hazardous Waste Inact. Haz Waste Disp (~ Disposal Registry Site ' ~ Regisb'y Qualitying RCRA Corrective [] H~zardous Waste Treater, ~ Ac§on Facility ' Storer. Disposer ** Waste Disposal Site ** Storage Fac ty Chemical Storage Toxic Wastewater V Discharge Enforcement ~ Sotid Waste Facility Brownfields Site Location ~ Waterbody ** 1/2 Mile Search Radius * 1 Mile Search Radius 1/4 Mile Search Radius P U B L I C H E A R I N G RESOLUTION 2009-803 ADOPTED DOC ID: 5322 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-803 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 6, 2009: 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~ October 20~ 2009~ at 4:45 p.m.~ Southold Town Hall, 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a develol~ment ri~,hts easement on property owned by the Estate of Anna T. Droskoskl. Said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19~ acres (subject to survey) of the 214- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 194- acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: William Ruland, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell 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 Tuesday~ October 20~ 2009~ at 4:45 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by the Estate of Anna T. Droskoski. Said property is identified as part of SCTM # 1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19' acres (subject to survey) of the 21' acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred'dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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: October 6, 2009 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON October 15, 2009 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING October 20, 2009 4:45 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Thomas Wickham Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This heating was opened at 4:45 PM COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ October 20~ 2009~ at 4:45 p.m.~ Southold Town Hall~ 53095 Main Road~ Southold~ New York as the time and place for a public hearing for the purchase of a development rights easement on proper ,ty owned by the Estate of Anna T. Droskoski. Said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 19± acres (subject to survey) of the 2 lq- acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19± acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. 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 short environmental assessment form duly filled out and signed in the file and those are the only notices in the file. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this public hearing ? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. Tom, just for clarification, the purchase price was $75,50O. COUNCILMAN WICKHAM: I read $75,000 but I will have to look again carefully. $75,500 per huildable acre. Thank you. MS. SPIRO: Okay. So as noted, the hearing is for the Town's purchase of development rights easement of agricultural purposes. The farm has been in the family for over one hundred years, the ownership is in a state. Patricia Sepenoski is the executrix of the estate and her son and extended family currently farm and plan to continue to farm the property. Patricia Sepenoski owns 10 acres of other farmland in East Marion and also she owned together with her brother-in-law, another 54 acres of farmland in Southold on which they sold the development rights easement to the Town in 2008. So she is a repeat participator in the Town's development rights program. The particular farm contains all prime ag soils and is adjacent to a preserved farm to the west. I am sorry the map doesn't have its easel, so I can't point that out. It is also in the vicinity of many other active farms. The purchase price is $75,000 per acre, it is in accordance with an appraisal which was completed for this specific property. The purchase is going to be funded with community preservation funds and 50 percent of the purchase price, which is over $700,000 will be funded by an awarded grant from the United States Department of Agriculture and the Natural Resources Conservation Service. The landowners are reserving about 2 acres on the southeast comer of the property fronting on Main Road. This allows for over 90 percent of the property to be currently preserved for agricultural purposes. The Land Preservation Committee and I both support this very important preservation, we hope that the Town Board proceeds with the acquisition. There are family members here tonight behind me and over on the other side of the room and I certainly thank them and I am sure the Town Board thanks them for giving us the opportunity to preserve this important farm and also to work with the federal government to get funding for this acquisition. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this local law? (No response) JUSTICE EVANS: I move to close the hearing. This hearing was closed at 4:50 PM Elizabeth A. Neville Southold Town Clerk S E P U R C H A S E R E S O L -U T I O N RESOLUTION 2009-869 ADOPTED DOC ID: 5376 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2009-869 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 20, 2009: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by the Estate of Anna T. Droskoski on the 20th day of October, 2009, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-18.-4-7.1. The address is 28105 NYS Route 25. The property is located in the R-80 zoning district and is at the northwesterly intersection of NYS Route 25 and Browns Hill Road in Orient, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 19± acres (subject to survey) of the 21± acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project is also eligible for partial funding fi.om an awarded grant fi.om the United States Department of Agriculture - Natural Resources Conservation Service ("USDA-NRCS"). The purchase price is $75,500 (seventy-five thousand five hundred dollars) per buildable acre for the 19~ acre easement plus acquisition costs. The purchase price is subject to a provision that the landowner satisfies and agrees to any and all Federal requirements imposed in connection with the awarded grant from USDA-NRCS; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold Resolution 2009-869 Board Meeting of October 20, 2009 purchase the development rights on this agricultural land; and, WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it 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; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by the Estate of Anna T. Droskoski, identified as part of SCTM #1000-18.-4-7.1. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman AYES: Ruland, Orlando, Krupski Jr., Wickham, Evans, Russell Updated: 10/20/2009 4:17 PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~3plicant or Project Sponsor) 1. APPLICANT/SPONSOR /2. PROJECT NAME · 3. PROJECT LOCATION: Municipality ~ t~ e,~;3 County 4. PRECISE LOCATION {Street address and road intersections, prominent landmarks, etc., or provide map) 5. PROPOSED ACTION IS: ~)New [] Expansion r~ Modification/alteration 7. AMOUNT OF LA~D.~FFECTED: In{fially ,/~ ~' acres Ultimately ~ a~s 8. ~LL PROPOSED ACTION COMPLY ~TH ~ISTING ZONING OR OTHER ~ISTING ~NO USE RESTRICTIONS? ~ NO If "O, des~ b~fly 10. ~ES ACTION I~OLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTI~TELY FROM ~Y OTHER GOVERNMENTAL AGENCY (FEDE~ STATE OR LO~L)? ~ Y~ ~ No If Y~, list agent(s) na~ and ~appm~ls: 11. ~ES ANY ASPECT OF THE ACTION ~ A CURRE~LY V~ID PERMIT OR APPROVAL? ~ Yes ~No If Y~, list agent(s) name a~ ~i~ap~ovals: 12. AS A RESULT OF PROPOSED ACTION ~LL EXISTING PERMIT/APPROVAL REQUIRE MODIFI~TION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE / / Signature: ~' '"~ .~- If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II - IMPACT ASSESSMENT {To be completed by Lead AgenCy) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 61 7.4? If yes, coordinate the review process and use the FULL FAF. [~Yes ~]~No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61 7.6? If No, a negative declaration may be superseded by another involved agency. [~Yes ~qO C. COULD ACT{ON RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain bdefly: C2. Aesthetic, agricoltural, archaeolegical, historic, or other natural or cuituml resources; or community or neighborhood character? Explain bdefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant bebitat~, or threatened or endangered species? Expleln briefly: G4. A communltlt's existing plans or goals as offi~all¥ *doptsd, or a change in use or inten$~ of use of land or other natu~l resources? ~plain bhefly: C6. Growth, subeoquent develegmant, or related acti~ties likely to bo thriuced blt the proposed action? E~lath bhefly: C~. Long term, short term. cumulaflve, or other effeols not iderditi~ti in C142:57 Explath briefly: C7. Ot~r impaols {including chaago* in use of either quantity or type of eaergy)? Explath bdefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes [~o if Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [~No If Yes, explain briefly: PART Ill - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: F~reachadverseeffectidenti~edab~ve~determinewhetheritissubstantia~~~arge'imp~rtant~r~them/isesigni~cant~ Each effect should be assessed in ~onnection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irrevemibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all m!evant adverse impacts have been ident;fled and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potentialimpact of the proposed action on the environmental characteristics of the CEA. ] Checkthisb~xify~uhaveidenti~ed~ne~rm~rep~tenfla~y~a~ge~rsigni~cantadverseimpactswhichMAY~ccur~ ThenproceeddirecttytotheFUU FAF and/or prepare a positive declaration. [~k~Oeck this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILl T result in any signiticant adverse environmental impacts AND provide, on attachments as necessaPj, the reasons supporting this determinaflor Name of Lead Agency Print or T~~cy Si~h~[~re of Respbnslble' Officer in Lead Agency Date -' ~Tit~131iile~mffir~rp o n! lie officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: October 19, 2009 Re: Purchase of a development rights easement on property owned Estate of Anna T. Droskoski Location: 28105 NYS Route 25 SCTM#1000-18.-4-7.1 Zoning District R~80 The proposed acquisition is for development rights easement comprising a part of the Estate of Anna T. Droskoski property consisting of approximately 19+ acres (subject to survey) of the 21+ acre parcel. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Melissa Spiro, Land Preservation Coordinator OCT 1 9 2009 OEPT OF [AND PRESERVATION C L O S I N G S T A T E M E N T CLOSING STATEMENT PATRICIA A. SEPENOSKI, as Executrix under the Last Will and Testament of ANNA T, DROSKOSKI, deceased to TOWN OF SOUTHOLD Total Development Rights Easement- 18.8253 acres Total Parcel Acreage - 21.2558 acres Reserved Area (east) - 2.1120 acres Reserved Area (west) - 0.3185 acre Total Reserved Areas Acreage - 2.4305 acres Premises: 28105 Main Road (Rt. 25) Orient Part of SCTM #1000-18.-4-7.1 Closing took place on May 13, 2010 at 1:00 p.m., Southold Town Hall Annex Purchase Price of $1,421,310.10 (based upon 18.8253 buildable acres $75,500/buildable acre) disbursed as follows: Payable to Estate of Droskoski Check #105310 (5113/10) $ 1,421,310.10' *eligible for partial reimbursement from USDA-NRCS awarded grant 73-2C31-9-042 Expenses of Closing: Appraisal, Updates and Supplemental Payable to Lawrence Indimine Consulting Group $ Check #95585 (4/22/08) Payable to Lawrence Indimine Consulting Group $ Check #10016 (4/21/09) Payable to Lawrence Indimine Consulting Group $ Check #104499 (3/9/10) Payable to Lawrence Indimine Consulting Group $ Check #105408 (5118/10) 3,600.00 1,400.00 3,200.00 1,500.00 Survey Payable to John C. Ehlers Land Surveyor Check #103513 (12115/09) $ 2,650.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #103213 (11/17/09) $ 1,100.00 Title Report (title #641-S-03665) Payable to Peconic Abstract, Inc. Check #105311 (5/13/10) Title insurance policy $ 6052 Recording easement $ 350 Certified Copy $ 20 Recording C&R's $ 200 $ 6,622.00 Title Closer Attendance Fee Payable to Stephen Spanburgh Check #105312 (5/13/10) $ 100.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Patricia A. Sepenoski Abigail A. Wickham, Esq. Kristen Rishe Stephen Spanburgh Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller/Executrix Attorney for Seller Seller's daughter Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst TOWN OF SOUTttOLD VENDOR 004656 ESTATE OF DROSKOSKI 05/13/2010 CHECK 105310 FI/ND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686~.2.000.000 TBR869 051310 18.8253 ACRES OPEN SPA 1,421,310.10 TOTAL 1,421,310.10 ,'0':155.q. 5,' ¢0;'i. 1.05t. 61.~: 63. 000001, Oil' H3 .8660.2.500.200 18242 31 APPRAISAL-DROSKOSKI 3,600.00 TOTAL 3,600.00 )8S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 011893 LAWRENCE INDIMINE C Y=Select - JE Date Trx. Date Fund Account ............................. Begi ~ 4/22/2008 4/22/2008 H3 .600 , , 4/21/2009 4/21/2009 H3 .600 ,, 3/09/2010 3/09/2010 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-04222008-363 Line: 247 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/22/2008 SDT 4/18/08 : Trx Amount... 3,600.00 : Description.. APPRAISAL-DROSKOSKI : Vendor Code.. 011893 : Vendor Name.. LAWRENCE INDIMINE CONSUL : Alt Vnd.. : CHECK ........ 95585 SCNB : Invoice Code. 31 : VOUCHER ...... : P.O. Code .... 18242 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 4/22/2008 : Date Cleared. 6/30/2008 : F3=Exit F12=Cancel : TOWN OF SOU1HOLO · SOUTHOLD, NY 11971~959 TOWN OF SOUTHOLD ~"~/q~R 011893 LAWP~ENCE IN~DIMINE CONSLrLT CORP 04/21/2009 CHECK 100616 FUND & ACCOUNT P.O.~ IbF~OICE DESCRIPTION AMOUNT H3 .8660.2.500.200 19290 114 A~PP~AIS~J~-DROSKOSKI 1,400.00 TOTAL 1,400.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 011893 LAWRENCE INDIMINE C Y=Select JE Date Trx. Date Fund Account ............................. Begi 4/22/2008 4/22/2008 H3 .600 ~ 4/21/2009 4/21/2009 H3 .600 , , 3/09/2010 3/09/2010 H3 .600 F2=Shift Up F3=Exit F10=?rev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-04212009-659 Line: 200 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 4/21/2009 SDT 4/17/09 : : . 1,400.00 : : . APPRAISAL-DROSKOSKI : : . 011893 : : . LAWRENCE INDIMINE CONSUL : : : : SCNB : : : : : : : : F Liquid. : : N BOX. Addl. : : Y : : 4/21/2009 : : 4/30/2009 : : F12=Cancel : : : Trx Amount.. Description. Vendor Code. Vendor Name. Alt Vnd.. CHECK ........ 100616 Invoice Code. 114 VOUCHER ...... P.O. Code .... 19290 Project Code. Final Payment T~rpe of 1099. Fixed Asset.. Date Released Date Cleared. F3=Exit TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 03/09/2010 CHECK 104499 FUND & ACCOUNT P,0,# INVOICE DESCRIPTION H3 .8660,2.500.200 20140 000195 DROSKOSKI ESTATE-ORIENT TOTAL AMOUNT 3,200.00 3,200.00 GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 011893 LAWRENCE INDIMINE C Y=Select JE Date Trx. Date Fund Account ............................. Begi ,, 4/22/2008 4/22/2008 H3 .600 4/21/2009 4/21/2009 H3 .600 ~ 3/09/2010 3/09/2010 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-03092010-720 Line: 93 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... : Trx Amount... : Description.. : Vendor Code.. : Vendor Name.. : Alt Vnd.. : CHECK ........ : Invoice Code. : VOUCHER ...... : P.O. Code .... 20140 : Project Code. : Final Payment F Liquid. : Type of 1099. N BOX. : Fixed Asset.. Y : Date Released 3/09/2010 : Date Cleared. : F3=Exit F12=Cancel 3/09/2010 SDT 3/09/10 : 3,200.00 : DROSKOSKI ESTATE-ORIENT : 011893 : LAWRENCE INDIMINE CONSUL : : 104499 SCNB : 000195 : : : : : Addl. : : : : ~,~, OO000N 0~' : . Lawrence Indimine Consulting Corp. PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Invoice I Date I Invoice # I 4/14/2010 207 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 APB 1 9' goto Description Amount 1,500.00 Prepare Supplemental Report for Properiy of Anna T. Droskoski Located 28105 State Route 25, Orient, NY SCTM #1000-184 part of 7.1 i1¢ # 10020A Hours ~ $150 per hour GL108S 20 TOWN OF SOUTHOLD View 1 ** Actual Hi Vendor.. 011893 LAWRENCE INDIMINE C Y=Select - JE Date Trx. Date Fund Account ............................. Begi .. 4/22/2008 4/22/2008 H3 .600 .. 4/21/2009 4/21/2009 B3 .600 ,, 3/09/2010 3/09/2010 H3 .600 . . 4/20/2010 4/20/2010 H3 .600 4/20/2010 4/20/2010 H3 .600 5/18/2010 5/18/2010 H3 .600 F2=Shift Up F3=Exit F10=Prev View lect Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-05182010-473 Line: 200 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 5/18/2010 SDT 5/18/10 : Trx Amount... 1,500.00 : Description.. SUPP A~PRAISAL-DROSKOSKI : Vendor Code.. 011893 : Vendor Name.. LAWRENCE INDIMINE CONSUL : Alt Vnd.. : CHECK ........ 105408 SCNB : Invoice Code. 207 : VOUCHER ...... : P.O. Code .... 20143 : Project Code. : Final Palrment F Liquid. : Type of 1099. N BOX. Addl. : Fixed Asset.. Y : Date Released 5/18/2010 : Date Cleared. : F3=Exit F12=Cancel Total $1,500.o0 I TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/18/2010 CHECK 105408 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 20143 207 SUPP APPRAIS~J~-DROSKOSKI 1,500.00 TOTAL 1,500.00 TOWN OF SOUTHOLD VEA~DOR 005322 JOF~N C. EHLERS 12/15/2009 CHECK 103513 FLTND & ACCOLTNT P.O.~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600,100 20133 2007143 DROSKOSKI ESTATE SURVEY 2,650.00 TOT;LL 2,650.00 GL108S 20 TOWN OF SOUTHOLD View I ** Actual Hi Vendor.. 005322 EHLERS/JOHN C. Y=Select - JE Date Trx. Date Fund Account ......................... Use .. 12/19/2006 12/19/2006 H3 .600 3/13/2007 5/o8/2oo7 7/03/2007 9/11/2007 4/08/2008 6/03/2008 11/18/2oo8 12/16/2008 ~2/15/2009 3/13/2007 H3 .600 5/08/2007 H2 .600 7/03/2007 H2 .600 9/11/2007 H2 .600 4/08/2008 H3 .600 6/03/2008 H3 .600 11/18/2008 H3 .600 12/16/2008 H3 .600 12/15/2009 H3 .600 Acti F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-12152009-810 Line: 126 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 12/15/2009 SDT 12/15/09 : : Trx Amount... 2,650.00 : : Description.. DROSKOSKI ESTATE SURVEY : : Vendor Code.. 005322 : : Vendor Name.. EHLERS/JOHN C. : : Alt Vnd.. : : CHECK ........ 103513 SCNB : : Invoice Code. 2007143 : : VOUCHER ...... : : P.O. Code .... 20133 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : :.Fixed Asset.. Y : : Date Released 12/15/2009 : : Date Cleared. 12/31/2009 : : F3=Exit F12=Cancel : : : ~ 3 00000 N TOWN OF $OUTHOLD VENDOR 014161 NELSON, POPE & VOORHIS, LLC 11/17/2009 CHECK 103213 FUND & ACCOUNT P.O.~ INVOICE DESCRIPTION AMODNT H3 .8660.2.600.100 20132 7052 PHASE 1 ESA-DROSKOSKI 1,100.00 TOTAL 1,100.00 GL108S 20 View i TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual Hi .............. Detail--GL100N .............. Vendor.. 014161 NELSON, POPE & VOOR Y=Select JE Date Trx. Date Fund Account ......................... Use Acti 5/19/2009 S/19/2009 6/16/2009 6/30/2009 7/14/2009 8/11/2009 5/19/2009 A 5/19/2009 B 6/16/2009 A 6/30/2009 a 7/14/2009 B 8/11/2009 H3 ~, 11/17/2009 11/17/2009 H3 ,, 1/19/2010 1/19/2010 A 600 60O 600 60O 600 600 60O 600 F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code : W-11172009-536 Line: 176 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 11/17/2009 SDT 11/16/09 : : Trx Amount... 1,100.00 : : Description.. PHASE I ESA-DROSKOSKI : : Vendor Code.. 014161 : : Vendor Name.. NELSON, POPE & VOORHIS, : : Alt Vnd.. : : CHECK ........ 103213 SCNB : : Invoice Code. 7052 : : VOUCHER ...... : : P.O. Code .... 20132 : : Project Code. : : Final Payment F Liquid. : : Type of 1099. M BOX. 07 Addl. : : Fixed Asset.. Y : : Date Released 11/17/2009 : : Date Cleared. 11/30/2009 : : F3=Exit F12=Cancel : : : ~lOUl TOWN OF SOU'IIfOLD VENDOR 016139 PECONIC ABSTRACT, INC. 05/13/2010 CHECK 105311 FI/ND & ACCOUNT P · 0 . ~t INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 TBR869 641-S-03665 DROSKOSKI EST-REC FEES 6,622.00 TOTAL 6,622 . 00 TOWN OF SOUTHOLD VENDOR 019620 STEPHEN SPANBURGH 05/13/2010 CHECK 105312 FUND & ACCOUNT P.O. ~ IN%fOICE DESCRIPTION AMOUNT H2 .8686,2.000,000 TBR869 641-S-03665 DROSKOSKI EST-ATTEND FEE 100.00 TOTAL 100.00 R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT N~mher of Pages: 27 Receipt Number : 10-0059513 TRANSFER TAX NUMBER: 09-23564 District: 1000 ODeedAmount: Recorded: At: LIBER: PAGE: Section: Block: 018.00 04.00 EXAMINED AND CHARGED AS FOLLOWS $1,421,310.10 05/19/2010 11:15:41 AM D00012625 238 Lot: 007.007 Received the Following Fees For Page/Filing $135.00 COE $5.00 TP-584 $5.00 Cert. Copies $17.55 Transfer tax $0.00 TRANSFER TAX NUMBER: 09-23564 Above Instrument Exempt NO Handling NO NYS SRCHG NO Notation NO RPT NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $227.55 JUDITH A. PASCALE County Clerk, Suffolk County Number of pages This document will be public record. Please remove ali Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mtmgage Tax Stump [ Recording / Filing Stamps 31 Page / Filing Fee Handling 5. O0 TP-584 Notation FA-52 17 (County) EA-5217 (State) R.P.T.S.A. '~ ~ Comm. of Ed. 5. O0 Affidavk Ce~ed Copy NYS Surcharge 15. O0 Other 4 [ Dist. Tax Service Agency Verification 8 Sub Total Sub Total 1000 01800 0400 007007m/ SatisfactionsfDischa~ges/Releases List Property Owners Mailing Address RECORD & ~u~-rURN TO: Mai{ ~o: Judith A. Pasta{e, Suffo{k County 310 Center Ddve, Riverhead, NY 11901 www. suffolkcou ntyny, gov/cler k Mortgage Amt. 1. Basic Tax 2. Additional Tax lub Total SpecJAssitl or Spec./Add· TOT. MTG. TAX Dual Town -- Dual County Hcld for Appoinm~ent Transfer Tax Mansion Tax The propeoT cove~ed by this mortgage is or will be improved by n one or two family dwelling only. YES or NO If NO, ~ee a~ tax clause on pa§e # __ of this insmnnent. Conniderafion Amount $ CPF Tax Due $ 'vacant Land BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORI~ING O.P. FILING. (SPECIFY TYPE OF INSTR~ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In~ TOw~ of ~'~oo 7~o. In the VILLAGE or HAMLET of ~ Suffolk Coun Recording & Endorsement Paae 7 [ Title Company Information co. S.m~ ~C~o~,c ~4cr ._~,~c. Title# ~:,¢Y- -~. ~'~-~'3'- GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the / :3 day of May, 2010 at Southold, New York. The parties are Estate of Anna T. Droskoski, by Patricia A. Sepenoski, Executrix, 27965 Route 25 (Main Road), Orient, NY 11957 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O.. Box 1179, Southold, New York 11971 (herein called "Grantee") and the United States of America (''United States'') by and through the United States Department of Agriculture (''USDA'') Natural Resources Conservation Service (''NRCS'') acting on behalf of the Commodity Credit Corporation, as its interest appears herein. ]rNTRODUC'I'ION · WHERF__,4S, 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 #1000-18-4-7.1 more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey dated November 11, 2009 and last revised March 26, 2010 prepared by John C. Ehlers Land Surveyor (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"; and WHEREA~, the Property is located in the R-80 Zoning District of the Town of Southold; and WHERE,4S, the Property contains soils classified as Class I and Class worthy of conservation as identified by the United States Department of Agriculture, Natural Recources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHERF__,4~, The Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture, Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has SEVEN HUNDRED FORTY-EIGHT THOUSAND THREE HUNDRED FIVE DOLLARS AND 65/100 ($748,305.65) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for row crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York Town Law (''Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION FOUR HUNDRED TWENTY-ONE THOUSAND THREE HUNDRED TEN DOLLARS AND 10/100 ($17,21,310.10) 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 HA VEAND 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 2 and use restrictions hereinafter set forth, which shall constitute and shall be perpetual servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule "A", free of any mortgages or liens, as set forth in ~tle Report No. 641 - S -03665 of Peconic Abstract, Inc. and possesses the right to grant this Easement. .0.02 _Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law (''General Municipal Law'~ to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural and natural values by preventing the use Or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 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 §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code and other federal statutes. 3 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation'S. This Baseline Documentation includes, but need not be limited to, a survey prepared by .]ohn C. Ehlers Land Surveyor dated November 11, 2009 and last revised March 26, 2010, an aerial photograph of the Property, photographs maps on file with the Town Land Preservation Department, and a Phase 1 Environmental Site Assesment dated October 29, 2009 prepared by Nelson, Pope & Voorhis, LLC. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement'S. This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") and including the production of crops, livestock and livestock products as defined in §301(2)(a)-0) of the New York State Agriculture and Markets Law (''Agriculture and Markets Law''), now or as such Laws and/or Code may be amended. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a .use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town 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, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include ail of those persons or entities. Any 5 dghts, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" or "Grantee" when used herein shall include all of those persons or entities, ARTICLE 'I-VVO SALE GRANTOR, for ONE MILLION FOUR HUNDRED TWENTY-ONE THOUSAND THREE HUNDRED TEN AND 10/100 ($1,421,310.10) and such other 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 (''Land Preservation Committee'~ and other applicable ~rovisions of the Town Code and 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining 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. 6 3.03 Subdivision Except as prOvided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 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. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by apPlicable law, subdivide the property, or reconfigure lot lines, provided that one of the resulting parcels contains at least 18.8253 acres of preserved agricultural land and all resulting parcels remain preserved agricultural land and are subject to a development rights easement or other conservation instrument. 3.04 Dumping 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 Signs 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, 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. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-0) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. 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 NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan'9 prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.10 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, its, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan (the "Conservation Plan'g prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is Consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised alter the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.12 Development Riqhts 9 The use of the acreage of this Property for purposes of calculaUng 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 use the property for agricultural production as set forth in ARTICLE FOUR below and 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 or elsewhere in this Easement, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S R~GHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this AR'I'~CLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities that are not inconsistent with the purpose, and that are not prohibited by, this Easement and that are permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands and for educational or training programs related to agricultural production or activities. 4.04 Landscaoing Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, l0 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. ~,05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in §301 (2)(a)-(j) of the Agriculture and Markets Law, now or as such Laws and/or Code may be amended, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current Law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do no interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farm stands. 4.06 Structures and Improvements A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Property, as they may be permitted by the Town Code now or as same may be amended and subject to the approval of the Land Preservation Committee, provided the structures 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, and for the use and enjoyment of any adjoining properties solely for use in agricultural production. (ii) Construction of new structures, provided such structures are necessary for or accessory to agricultural production and lot coverage does not exceed ten (10) percent of the Property; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the pdmary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "Structure" in Section 1.02; 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. No new construction is permitted outside of the area described in paragraph 4.06A(ii) above. C. Environmental Sensitivity Dudng 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. Grantors shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in wdting, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability 12 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 and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, 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 forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. AR-I-~CLE 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 Grantors right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States of America, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject to or incur relating to the Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantors breach of any representation, warranty, covenant, agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property, as such substances and wastes are defined by applicable Federal and State law. 14 Moreover Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other pdor owner of the Property. Grantors indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan'~ approved by Grantor (which approval by Grantor shall not be unreasonably withheld) and by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written 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 implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, 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. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Propert7 for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantors control, including, without limitation, fire, flood, storm, 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 as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (:[0) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To enforce any term, provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 10 days. Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be wdtten. Notices shall be delivered by hand or registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Mailed notice to the United States shall be addressed to the State Conservationist, Natural Resources Conservation Service, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202 - 2450. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment/Condemnation At the mutual 'request of Grantor, Grantee and the United States of Amedca, 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. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture NRCS, 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. lin 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 value of the Property. 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 transfer, red hereby, in accordance with Section 7.12 (Proceeds). ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor(s) and with the written approval of the Secretary of the United States Department of Agriculture, and in accordance with all applicable State and local laws. Any such amendment shall be consistent with the Town Code and any regulations promulgated thereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantors to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the dght, to transfer all or part of this Easement to any public agency, or private non- governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRC, S, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 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 Governing Law ]9 New York Law applicable to deeds to and easements on land located within the State of 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 §hall 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 affect 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 their right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording 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 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction 2O 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee and the United States, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 76%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under §170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 45%, and 50%, respectively, representing the proportion each party contributed to the purchase price of the Easement IN WI'I-NESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ESTATE OF ANNA T. DROSKOSK[, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee Supervisor Acceptance of Property Interest by the Natural Resources Conservation Service 2] The Natural Resources Conservation Service, United State Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. ~utho~'ized Signat~ot~'h~NRC~~''. . Astor F. Boozer, State Conservationist State of New York ) County of ~,~-~ ), ss: On the ! 3~ day of /'~2~,-f' in the year 2010 before me, the undersigned, personally appeared Patricia A. Spenoski, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, as Executrix, execute~ o~_n b~~t~f Anna T Droskoski. ' ~igna~ n~dividua~ ~f i ~g cknowledgement I ~ Stephen P. Spanburgh I ~. Notmy Publlo-8~te a~ New York RK ~o os~P~oe~e4 STATE OF NEW YO ) ~ ~i~ ~ s~ c_~ COUNTY OF SUFFOLK ) SS: On this/3 day of/~4'¥ in the year 2010 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the Town of Southold, and that by his signature on the_above instrument executed this instrument on behalf of the outho, Notary PublJ~ NYORK lt~ STATE OF Nt~ COUNTY OF .,..~.., publ~State of New York reu~,~ 01SP49068~4 22 On this/~day of/,.('~/t/ in the year 2010'before me, the undersigned, personally appeared Astor F. Boozer, personally knoWn to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as State Conservationist, and that he signed the above instrument on behalf of the United States of America, ~,'~t~"" '~ Not~ Public No. 01ST50892,52 County of Madison, Stat~ of N.Y. Con~nission F_~ircs: December 8, ~.~/~ ~itie No,, 641,S.03665 Amended 5i6i10 SChedule A Description - DEVELOPMENT RIGHTS EASEMENT ALL that certain Plot, piece or parcel or land, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument located on the northerly side of Main Road S.R. 25 from the corner formed by the intersection of the westerly side of Brown's Hill Road with the northerly side of Main Road S.R. 25; RUNNING THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20 minutes 40 seconds West 203.35 feet to the development rights easement area about to be described and the true point or place of BEGINNING. THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20 minutes 40 seconds West 53.65 feet to land now or formerly of Sepenoski; THENCE along said land now or formerly of Patricia Sepenoski North 31 degrees 54 minutes 50 seconds West, 300.00 feet; THENCE South 75 degrees 08 minutes 20 seconds West, 260.25 feet; THENCE South 47 degrees 20 minutes 30 seconds West, 134.50 feet; THENCE North 42 degrees 39 minutes 30 seconds West 1377.39 feet to a monument; se ,a-,~. THENCE North 60 degrees 49 minutes 40 conds ~t 330.24 feet; THENCE North 55 degrees 33 minutes 10 seconds East 277.71 feet to the westerly side of Brown's Hill Road; THENCE along the westerly side of Brown's Hill Road South 42 degrees 39 minutes 30 seconds East 1274.12 feet; --page THENCE South 47 degrees 20 minutes 30 seconds West 182.13 feet; THENCE South 42 degrees 39 minutes 30 seconds East t17.29 feet; THENCE South 31 degrees'54 minutes 50'seconds East 319.45feet to the northerly side of Main Road S.R. 25 and the TRUE POINT OR PLACE OF · BEGINNING. C 0 V E N A N T S R E S T R I C T I 0 N S SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION N~ber of Pages: 6 Receipt N~mBer : 10-0059513 Recorded: At: LIBER: PAGE: District: Section: Block: 1000 018.00 04.00 EXAMINED AND CHARGED AS FOLLOWS eceived the Following Fees For Above Instrument Exempt Page/Filing $30.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $0.00 NO Notation Cert. Copies $7.50 NO RPT Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL 05/19/2010 11:15:41 AM D00012625 239 Lot: 007.007 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $107.50 JT/DITH A. PASCALE County Clerk, Suffolk County Number of pages This document wiii be public record. Please remove ali Social Security Numbers ~i'~or to ~c-::-;~ Deed / Mol~gagc Instnunent RECOROED 2010 May 19 11:15:41 JUDITH ~. PASCALE CLERK OF SUFFOLK COUNTV L ~00012625 P 239 Page / Filing Fee Handling TP-584 Notation EA-52 17 (County) EA-5217 (State) R.P.T.S~A. Comm. of Ed. Affidavit O~ber 15. 00 Vm-ificafiou Satisfactious/Discha~ges/Releases List Property G~,,c,~ Mailing Address 6 RgCORI) & ltl~'IVRN ~O: ~'~ . //~'~/ CPF TaXx Due Sub Total _ Sub Total Mortga, g9 Amt. ~ ~ 1. Basic Tax 2. Additional Tax Sub Total SpeeYAssiL or Spec. lAdd. Dual Town Dual County Held for Appoinm~nt ~ Tnmsfor Tax The prope~y covered by fids mot~agc is or will be improved by a one or two family dwelling only. YES · orNO , If NO. see appmptinte tax clanee on age # of this instrument. ?~......,.ni~ preae~mtion I~md )naidm'ation Amount $ $, Improved Vacant Land ~.~l~U~w.~/~erk ~ ~ ~V/- ~. & ~is ~ge fo~s ~ of ~e a~ch~ - (S~ ~ OF ~~' S~LK CO~, ~ YO~. In ~ ~GE Deed / Mo~gagc Tax~Og / Filing Stmn~=_._~ DECLARATION OF COVENTANTS AND RESTRICTIONS DECLARATION, made May 13, 2010, by PATRICIA A. SEPENOSKI, as Executrix under the last will and Testament of Anna T. Droskoksi, deceased, residing at 27965 Route 25, Orient, New York 11957, hereinafter referred to as the Declarant. WHEREAS, the Declarant is the owner of certain real property situate at Main Road, Oreint, Town of Southold, County of Suffolk and State of New York, known as SCTM # 1000-18-4-7.1. (the "Farm Parcel"), and WHEREAS, the Declarant is conveying the development rights to 18. 825 acres of the Farm Parcel to the Town of Southold, and is reserving from the development rights sale, inter alia a portion of the Farm Parcel shown as "Development Rights Intact Area of 13,872 square feet or 0.3185 acre" on a survey dated November 11, 2009 and last revised March 26, 2010, prepared by John C. Ehlers Land Surveyor, a reduced cop~, of which is attached hereto and made a part hereof, and described on Schedule A annexed hereto, hereinafter referred to as the "Southwest Corner Area"; and WHEREAS, the Declarant has requested that the Southwest Corner Area be excluded from the sale of development rights so that an application can be made to the appropriate municipal agencies to modify the lot line of the Farm Parcel and merge the Southwest Corner Area with the adjacent residential parcel to the Southeast or to the South; and WHEREAS, if approval for such lot line change is not granted, the Southwest Corner Area will remain part of the Farm Parcel; and WHEREAS, the Southwest Corner Area is not intended or designed for residential use; and WHEREAS, for and in consideration of the sale of development rights to a portion of the Farm Parcel, the Town of Southold has required a covenant that the Southwest Comer Area be restricted from future construction of a dwelling or from a dwelling use, and that the within Declaration be recorded in the Suffolk County Clerk's Office, and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interests of the Town, the Declarant and subsequent owners of said parcels. NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, in consideration of the intentions above expressed, does hereby covenant and agree that the Southwest Comer Area described in Schedule A shall hereafter be subject to the following covenants and restrictions which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: 1. No dwelling or accessory dwelling, guesthouse or other residential dwelling structure shall be constructed on the Southwest Corner Area, whether same remains part of the Farm Parcel or is merged with other adjoining property. 2. The Southwest Corner Area may not be subdivided from the Farm Parcel, except to be merged via lot line change with an adjacent residential parcel; 3. This Declaration shall not preclude the imposition by the Declarant of additional restrictions on the use of the Southwest Comer Area. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Patricia A. Sepenosl~i, l~xecutrix ' STATE OF NEW YORK, COUNTY OF SUFFOLK, ss.: On May 13, 2010, before me the undersigned, a Notary Public in and for said State, personally appeared Patricia A. Sepenoski, personally know to me or proved to me on the basis of satisfactory evidence that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person or enti~,~tch the individual acted, executed the instrume~L-~-------~. No5 ~y Public -5,2013 inC. Amended 516110 Schedule A Description - FOR INFORMATION ONLY- RE~SERVED AREA ON THE WEST ALL that certain plot, piece or parcel or land, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument on the northerly side of Main Road S,R. 25 from the corner formed by the intersection of the of the westerly side of Brown's Hill Road with the northerly side of Main Road S.R. 25 and running the following three (3) courses and distances: 1) South 79 degrees 20 minutes 40 seconds West 257.00 feet to land now or formerly of Patricia Sepenoski; 2) North 31 degrees 54 minutes 50 seconds West, 300.00 feet; 3) South 75 degrees 08 minutes 20 seconds West, 260.25 feet to the northeasterly corner of the reserved area about to be described and the true point or place of beginning; THENCE southerly along the westerly side of land now or formerly of Droskoski, South 31 degrees 54 minutes 50 seconds East, 140.00 feet; THENCE South 73 degrees 05 minutes 50 seconds West, 120.38 feet to a monument; ~ THENCE North 42 degrees 39 minutes 30 seconds West, 85.25 feet; THENCE North 47 degrees 20 minutes 30 seconds East, 134.50 feet to the northeasterly corner of the reserved area and the true point or place of BEGINNING. JOHN C. EHLERS LAND SURVEYOR T I T L E P 0 L I C Y Owner's Policy Owner's Policy of Title Insurance ISSUED BY First American Title Insurance Company of New York POLICY NUMBER 5111436-0001458e 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 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, FIRST AMERICAN TITLE INSURANCE COMPANY OF NEW YORK, 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 Po[icy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: Title being vested other than as stated in Schedule A. 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 Tifle not preperly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not propedy 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, encumbrence, violation, variation, or adveree circumstance affecting the Title that would be disclosed by an accurate and complete land si~rvey 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. (Covered Risks Continued on Page 2) In Witness Whereof, First American Title Insurance Company of New York has caused its corporate name to be hereunto affixed by its authorized officers as of Date of Policy shown in Schedule A. First American Title Insurance Company of New York ~" ~'~%? O/t¢"' "~c~ *~, Steven Napoldano '% ~£W ¥g%% J AntonioVozza Policy is valid only when Schedules A and B are attached) For Reference: File #: 641-S-03665 This Jacket was created electronically and constitutes an original document Copyright 2006-20(19 Amelican Land TB[e Asscciation. AIl rights reselYed. The uso of this form is restricted to ALTA licensees and ALTA members in good staodlng as of the date of uso IForm 5111436 (8/1/09) Page 1 of 5 [ ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy #: 5'111436-0001458e COVERED RISKS (Continued) 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 ocoupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any imprevernent 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 enfome, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the dghts of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the dghts of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in wh~le or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that pdor transfer constituted a fi'audulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' dghts laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or {ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been tiled or recorded in the Public Records subsequent to Date of Policy and pdor to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, 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. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. 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. I Form 5111436 (8/1/09) Page 2 of 5 I ALTA Owner's Policy of Title insurance (6-17-06) New York Policy #: 5111436-0001458e CONDITIONS DEFI~IITION 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, sun~ivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are 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 dghts and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or 'Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law 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 Distdct Court for the district where the Land is located. (j) "Title': The estate or interest described in Schedule A. (k) "Unmarketable Title': Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the 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. 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but onry 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 writing (i) in case of any litigation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 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 wdtten 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 dght 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 I Form 5111436 (8/1/09) Page 3 of 5 I ALTA Owner's of Title Insurance Policy (6-1 7~06) New York Policy #: 5'111436-0001458e CONDITIONS (Continued) 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, ifthe Company exemises 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 Ia) In all cases where this poticy 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 Company all reasonable aid Ii) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or elfecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desireble 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. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or govemmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: {a) To Pay or Tender Payment of the Amount of Insurence. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. Ii) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attomeys' 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. 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 rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, Ii) the Amoont of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the dght to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under Ia) and (b), the Company will also pay those costs, attomeys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. I Form 5111436 (8/1/09) Page 4 of 5 I ALTA Owner's Policy of Title Insurance (6-17-06) New York Policy #: 5111436-0001458e 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cores the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, ali 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 shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be tlable for Ices or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attomeys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the insured under this policy. 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. '13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (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 rights 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 rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exemise of its fight to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. ARBITRATION Either the Company or the Insured may demand that the claim or CONOITIONS (Continued) 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 claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controvemy 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 adsing out of the transaction giving dse 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 pumuant 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 adses cot of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and previsions. 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 dsks covered by this policy and determined the premium charged therefor in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) 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 Amedca 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 First American Title Insurance Company of New York, Attn: Claims National Intake Center, '1 First American Way; Santa Ana, CA 92707. Phone: 888-632-'1642. I Form 5111436 (8/1/09) Page 5 or 5 I ALTA Owner's Policy of Title Insurance 7-06 (6-1 New Yorl SCHEDULE A TITLE NO. 641-S-03665 POLICY NO. 5111436-0001458e AMOUNT OF INSURANCE: $1,421,310.10 DATE OF POLICY: 5113110 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: DEVELOPMENT RIGHTS 3. TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: PATRIClA A. SEPENOSKI, EXECUTRIX UNDER THE LAST WILL AND TESTAMENT OF ANNA T. DROSKOSKI DATED 1/27/71 AND RECORDED 1/27/71 IN LIBER 6876 PAGE 395. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: TAX MAP DESIGNATION: 1000-018.00-04.00-PART OF 007.001 NOW KNOWN AS 007.007 STREET ADDRESS: 28105 ROUTE 25, ORIENT, NY Peconic Abstract, Inc. Title No.: 641-S-03665 Amended 5/13110 Schedule A Description - DEVELOPMENT RIGHTS EASEMENT ALL that certain plot, piece or parcel or land, situate, lying and being at Orient, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a monument located on the northerly side of Main Road S.R. 25 from the corner formed by the intersection of the westerly side of Brown's Hill Road with the northerly side of Main Road S.R. 25; RUNNING THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20 minutes 40 seconds West 203.35 feet to the development rights easement area about to be described and the true point or place of BEGINNING. THENCE along the northerly side of Main Road S.R. 25 South 79 degrees 20 minutes 40 seconds West 53.65 feet to land now or formerly of Sepenoski; THENCE along said land now or formerly of Patricia Sepenoski North 31 degrees 54 minutes 50 seconds West, 300.00 feet; THENCE South 75 degrees 08 minutes 20 seconds West, 260.25 feet; THENCE South 47 degrees 20 minutes 30 seconds West, 134.50 feet; THENCE North 42 degrees 39 minutes 30 seconds West 1377.39 feet to a monument; THENCE North 60 degrees 49 minutes 40 seconds East 330.24 feet; THENCE North 55 degrees 33 minutes 10 seconds East 277.71 feet to the westerly side of Brown's Hill Road; THENCE along the westerly side of Brown's Hill Road South 42 degrees 39 minutes 30 seconds East 1274.12 feet; --page2.. THENCE South 47 degrees 20 minutes 30 seconds West 182.13 feet; THENCE South 42 degrees 39 minutes 30 seconds East 117.29 feet; THENCE South 31 degrees 54 minutes 50 seconds East 319.45 feet to the northerly side of Main Road S.R. 25 and the TRUE POINT OR PLACE OF BEGINNING. SCHEDULE B POLICY NO.: 5111436-0001458e TITLE NUMBER: 641-S-03665 EXCEPTIONS FROM COVERAGE This Policy does not insure loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: Special Exceptions: 1) Survey by John C. Ehlers, LS, dated 11111/09 and 3126110 shows vacant land; variations between fences and all record lines; also shows the area of the farm road on the west and north side of property. Company excepts changes made since date of said survey. 2) Grant of Development Rights dated 5113110 and recorded 5/19110 in Liber 12625 page 238. 3) Covenants and Restrictions dated 5/13/10 and recorded 5/19110 in Liber 12625 page 239. First American Title insurance Company of New York STANDARD NEW YORK ENDORSEMENT (OWNER'S POLZCY) ~tle No. 641-S-03665 Attached to and made part of First American Title Insurance Company of New York Policy 1. Covered Risk Number 2(c) is deleted. 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. 3. The following is added as a Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. IN W~'I'NESS WHEREOF, First American Title Insurance Company of New York has caused this Endorsement to be signed and sealed on its date of issue set forth herein. Dated: 5/13/10 Countersigned First American Title Insurance Company of New York Authorized Signatory ]ames M. Orphanides, President STANDARD NEW YORK ENDORSEMENT (1/1/07) FOR USE WITH ALTA OWNER'S POLICY (6-06) G R A N T I N F O R M A T I O N ~History Page 2 of 3 6/18/2010 Deposit $ 181.00 $14,009,835.08 6/17/2010 DePosit $ 127.00 $14,009,654.08 6/17/2010 Deposit $ 600.00 $14,009,527.08 6/17/2010 Deposit $ 201.00 $14,008,927.08 6/17/2010 DePosit $ 25.00 $14,008,726.08 6/16/2010 Deposit $ 60.00 $14,008,701.08 6/16/2010 Deposit $ 50.00 $14,008,641.08 6/16/2010 Deposit $ 210.00 $14t008,591.08 6/16/2010 Deposit $ 130.00 $14,008,381.08 6/16/2010 DeDosit $ 91.00 $14,008t251.08 6/16/2010 Deposit $ 195.00 $14,008t160.08 6/15/2010 Deoosit $ 161.00 $14,007,965.08 6/14/2010 Deoosit $ 117.00 $14,007,804.08 6/14/2010 Deposit $ 700.00 $14,007,687.08 6/14/2010 Deposit $ 34.00 $14,006,987.08 6/14/2010 Deposit $ 149.00 $14,006,983.08 6/11/2010 Deposit $ 506.00 $14,006,804.08 6/11/2010 Deposit $ 200.00 $14,006,298.08 6/10/2010 Deposit $ 105.00 $14,004,788.08 6/10/2010 Deposit $ 268.00 $14,004,683.08 6/9/2010 DePosit $ 143.00 $14,004,415.08 6/9/2010 DePosit $ 10.00 $14,004,272.08 6/9/2010 Deposit $ 244.00 $14,004,262.08 6/9/2010 DeDosit $ 138.00 $14,004,018.08 6/8/2010 Depo~it $ 490.00 $14,003,880.08 6/8/2010 Deposit $ 131.00 $14}003,390.08 6/8/2010 Deposit $ 212.00 $14,003,259.08 6/7/2010 Deposit $ 76.00 $14,003,047.08 6/4/2010 lqlSC PAY, 16 TREAS 3 10 RMT*IV*FRPP-T/SOUTHHOLD\ $ 748,305.65 $14,002,971.08 ID; 116001939124016 ~)~t~ S~6 s ~ i ~t ICRPP 6/4/2010 DePosit $ 139.00 $13,254,665.43 6/4/2010 Deposit $ ~31.00 $13,254,526.43 6/4/2010 DePosit $ 150.00 $13,252,585.43 6/4/2010 Oeoosit $ 25.00 $13,252,435.43 6/4/2010 Depg~i~ $ 70.00 $13,252,410.43 6/4/2010 Oeoosit $ 172.00 $13,252,340.43 6/4/2010 Deposit $ 252.00 $13,252,168.43 6/3/2010 Refund DeluxeCharges $ 67.50 $13,251,916.43 6/3/2010 Deposit $ 476.00 $13,251,848.93 6/2/2010 Deoosit $ 281.00 $13,25L372.93 https//online.scnb.com/servtet/Teller?requestType=vhtmt&id=65.51.250.162^ 10257982423... 7/6/2010 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 ! 1971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 25, 20~0 Astor F. Boozer State Conservationist USDA-Natural Resources Conservation Service on behalf of the Commodity Credit Corporation The Galleries of Syracuse 441 S. Salina St -Suite 354 (5th floor) Syracuse, NY 13202-2450 Re: DROSKOSKI Farm Project FRPP FY2009 Cooperative Agreement 73-2C3:1-9-042 Town of Southold ($771,150 grant award) Dear Mr. Boozer: I am pleased to advise you that at a closing held on May 13, 2010, the Town of Southold acquired an 18.8253 acre development rights easement on active farmland in Orient, New York. As the Droskoski Farm was selected for a grant awarded to the Town of Southold, a reimbursement of funding in the amount of $748,305.65 (less than the actual award) is respectfully requested at this time. Said amount represents 50% of the $1,496,611.30 appraised value of the easement area. I have enclosed SF-270 "Request for Advance or Reimbursement" for processing that was been signed by Town Supervisor Scott A. Russell on May 21, 2010. Also enclosed, you will find the following documentation. The appraisal, survey, environmental and title reports, and other required forms were previously forwarded to USDA-NRCS for pre-closing review. Copy of a fully executed Farmland Development Rights Purchase and Sale Agreement between Patricia A. Sepenoski, as Executrix for the Estate of Anna T. Droskoski, deceased, and the Town of Southold dated October 23, 2009. Certified Copy of Grant of Development Rights Easement dated May 13, 2010, between the Estate of Anna T. Droskoski, by Patricia A. Sepenoski, Executrix and the Town of Southold, and the United States Department of Agriculture Natural Resources Conservation Service. · RP-5217 Real Property Transfer Report · TP-584 Combine Real Estate Transfer Tax Return Copy of title Insurance Policy No. 5111436-0001458e issued by First American Title Insurance Company of New York on 5/13/10 (title #641-S-03665) in the insured amount of $1,421,310.10. · Vendor Code Form (existing account- no changes have been made) · Town of Southold Monitoring Plan with contact information · Copy of letter dated 5/24/10 to NYSDEC requesting easement registry number · Baseline Documentation Report prepared by my office (incomplete as of 5/24/10 as awaiting further documents) I trust you will find everything to be in order for processing the Town's reimbursement request. If you should require additional information, please contact Melanie Doroski in my office. Let me take this time to thank you and all those who provided assistance to me, especially Mike Fournier and Don Pettit, in helping to bring this project to its rewarding conclusion. Sincerely, Melissa Spiro Land Preservation Coordinator enclosures cc via e~mail: Michael Fournier, FRPP Program Manager w/o attachments NUMAR :)MB APPROVAL NO. PAGE OF 0348-0004 I PAGES FOR ADVANCE BURSEMENT 4. DADVANCE [] REIMBURSE- ~t'pE OF MENT [] CASH ictions on back) REQUESTED [] FINAL [] PARTIAL [] ACCRUAL Corp. USDA~NRCS-FRPP 73-2C31-9-042 ;'. RECiPIENtS ACCOUNT NU MB ER 8. PERIOD COVERED BY THIS REQUEST 5/21 /2010 REQ OR REIM (See ins~uctions US Commodity Credit 11-6001939 Name: Town of Southold Name: and Street: 53095 Main Rd (Rt 25), PO Box 1179 and Street: CEIl. State City, S~ate and ZIP Code: Southold, NY 11971-0959 and ZIP Code: il. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED PROGRAMS/FUNCTIONS/ACTIVITIES ~. ~ FRPP TOTAL ouUays to date 5/21/2010 $ 1,496,611.30 $ $ $ 1,496,611.3(: b. Less: Cumulative pragmm income 0.00 0.0C ~ne b) 1,496,611.30 0.00 0.00 1,496,611.3(~ pe~od 0.0C e. Total(Sumoflinesc&d) 1,496,611.30 0.00 0.00 1,496,611.3(3 t'. Non-Federal shara of amount on line e 748,305.65 748,305 65 ~). Federal shara of amount on line e 748,305.65 748,305.65 h. Federal payments previously recluested 0.00 0.00 minuslineh) 748,305.65 0.0( 0.00 748,305.65 month, when requested lstmonth 0.00 agency for use in making 2nd month 0,00 3rd month 0.00 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Federal cash outlays that will be made dudn~ period covered by the advance b. Less: Estimated balance of Federal cash on band as of beginning of advance period TION (Confinued on Reverse) 0.00 STANDARD FORM 270 (Rev 7-97) Prescdbed by OM B Circulars A-102 and A-I 10 13. :erlify that to the best of my know~edge belief the data on the reverse are correct and that all outlays were made in accordance with the grant conditions or other agreement and that payment is due and has not been previously requested, This space for agency use /J~TIFICATION SIGNATURE OR AUTHORIZED lNG OFFICIAL Scott A. Russell, Southold Town Supe~tisor DATE REQUEST SUBMITTED 5/21/2010 (631)765-1889 Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of infocmation. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. Item INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11 e, 1 If, 11 g, 1 li, 12 and 13 am self-explanatory; specific instructions for other items am as follows: Entq/ Item Entry 2 Indicate whether request is prepared on cash or aocmed expenditure basis. All requests for advances shall be prepared on a cash basis. 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal sham of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. thtemal Revenue Sen/ica, or the FICE (institution) code if requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. 8 Enter the month, day, and year for the beginning and ending of the pedod covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request is for reimbumement, show the period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns am needed,use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on the first page. 11a 11b 11d 13 Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays am the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and submcipients. For requests prepared on an accrued expenditure basis, outlays am the sum of the actual cash disbursements, the amount of indirect expenses incurred, and the net incteass (or decrease) in the amounts owed by the recipient for goods and other property received and for sen/ices performed by employees, contracts, subgrantees and other payees. Enter the cumulative cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other agreement. Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made dudng the pedod covered by the advance. Complete the certification before submitting this request. STANOARD FORM 270 (Re~ 7-97) Back N Y S A G & M K T S W A I V E R Division of Agricultural Protection and Development Services 518-457-7076 Fax. 518-457-2716 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 June 14, 2010 Re: Waiver - Suffolk County Agricultural District #1 - Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Patricia A. Sepenoski, Executrix The Estate of Anna T. Droskoski The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of properly by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: AP10/037-W ~[Pf. OF LAND PI~ES£R'VATIOI~ WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of +_ 19 acres of active farmland and/or __ acres of non- farmland, situated at Suffolk County Tax Map No. plo 1000-18-4-7.1 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor TOWN OF SOUTHOLD S~upervisor 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 Landowner THE ESTATE OF ANNA T. DROSKOSKI PATRICIA A. SEP~N~)SKI, Executrix 27965 Route 25 Orient, NY 11957 STATE OF NEW YORK ) )SS: COUNTY OF SUFFOLK )h I\ On the .~'day of \~,.~J~ , 2010, before me personally appeared soo'Ir A. RUSSELL, personally knov~ to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument ffixed the seal ther,~ by I~e,.,order. ~ ~ '~~ LyNDAU ~'-~'''e'¢*'~'''~ ,,,-~ "-fl'ot~ry ~blic STATE OF/~/gu2 ~//~,/d_ ) COUNTY OF ~/~ ) )SS: NOTARY PUBLIC, State of New Yo~ NO. 011~6020932, Suffolk County Term Expires Mmch 8, 20.gL. On the ~-v~ day of 7~/'~_ , 2010, before me personally appeared Patricia A. Sepenoski, personally know~/'to me or provided to me on the basis of satisfactory evidence to be the individual whose n~me is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. Notary PUblic State of New ~ No. 52-4642871 Qualified In Suffolk County ~)rnmis$1on Expire8 ~ept. ~0,~o/-~11~ 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 June 3, 2010 Bob Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235 ESTATE OF ANNA T. DROSKOSKI to TOWN OF SOUTHOLD Part of SCTM #1000-18.-4-7.1 Dear Mr. Somers: Enclosed please find the original "Waiver - NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Patricia A. Sepenoski, Executrix of the Estate of Anna T. Droskoski, for a closing on a developmem rights easement on active farmland formerly identified as part of S CTM # 1000-18.-4-7.1. Details regarding this easement are as follows: GRANTOR: Patricia A. Sepenoski, as Executrix under the Last Will and Testament of Anna T. Droskoski, deceased GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Town of Southold May 19, 2010 D00012625 238 28105 Main Road (NYS Route 25), Orient 18.8253 acres p/o 1000-018.00-04.00-007.001 n/k/a 1000-118.00-04.00-007.007 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land Preservation Coordinator /md enc. N Y S D E C R E G I S T R Y New York State Department of Environmental Conservation Division of Lands & Forests oB2ureau of Real Property, 5th Floor 5 Broadway, Albany, New York 12233-4256 Phone: (518) 402-9442 · Fax: (518) 402-9028 Website: www.dec.ny.flov Alexander B. Grannis Commissioner May 27, 2010 Melissa Spiro Town of Southold P.O. Box 1179 Southold, NY 11971-0059 Dear Ms. Spiro: We have received and filed in our office the following conservation easement: CE: Suffolk 530 Grantor: Estate of Anna T. Droskoski, By Patricia A. Sepe. noski, Executrix Liber: D00012625 Page: 238 The conservation easement cited above has been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Timothy A. Reynolds Real Estate Specialist 2 Bureau of Real Property 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 June 7, 2010 Patricia A. Sepenoski 27965 Main Rd (NYS Rt 25) Orient, NY 11957 Re~ NYSDEC Conservation Easements Registry CE: Suffolk 530 SCTM #1000-18.-4-7.7 Dear Mrs. Sepenoski: Please be advised that the Town's purchase of a development rights easement on property located at 28105 Main Road (NYS Route 25) in Orient has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Tim Reynolds at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 530. ~[Very truly yours, , Melanie Doroski Sr. Administrative Assistant enclosures MELISSA Ao 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 May 24, 2010 NYSDEC Bureau of Real Property 625 Broadway, 5ta Floor Albany, NY 12233-4256 Attention: Re: Tim Reynolds Conservation Easements Registry ESTATE OF ANNA T. DROSKOSKI to TOWN OF SOUTHOLD Dear Mr. Reynolds: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southotd to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Estate of Anna T. Droskoski, by Patricia A. Sepenoski, Executrix Town of Southold May 19, 2010 D00012625 238 28105 Main Road (NYS Route 25), Orient 18.8253 acres p/o 1000-018.00-04.00-007.00I n/k/a 1000-118.00-04.00-007.007 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator eric. cc: Patricia A. Sepenoski, Executrix w/enc. 27965 Main Road (NYS Route 25), Orient, NY 11957 P R O P E R T Y R E C O R D S MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro~town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: May 13, 2010 Re: ESTATE OF ANNA T. DROSKOSKI to TOWN OF SOUTHOLD Part of SCTM #'1000-18.-4-7.1 Please be advised that the Town has acquired a development rights easement on the agricultural property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 28105 Main Road (Route 25), Orient SCTM #: PROPERTY OWNER: part of 1000-18.-4-7.1 Patricia A. Sepenoski, as Executrix under the Last Will and Testament of Anna T. Droskoski, deceased PURCHASE DATE: PURCHASE PRICE: Thursday, May 13, 2010 $1,421,310.10 (based on 18.8253 buildable acres @ $75,500/buildable acre) TOTALPARCELACREAGE: 21.2558 acres EASEMENTACREAGE: 18.8253 acres RESERVED AREA (east): RESERVED AREA (west): 2.1120 acres 0.3185 acre - Landowner intends to apply for a lot line change to merge this area with existing residential lot ZONING: R-80 FUNDING: MISCELLANEOUS: CPF 2% Land Bank (bonded funds) and partial reimbursement ($748,305.65 anticipated) from a USDA-NRCS awarded FRPP grant This property is listed on the Community Preservation Project Plan list. The property is located to the east of farmland on which Peconic Land Trust, Inc. holds a conservation easement, and is across the street from Town preserved agricultural land. The farmland is planted in row crops. PATRICIA A. SEPENOSKI, as Executrix under the Last Will and Testament of ANNA T. DROSKOSKI, deceased to TOWN OF SOUTHOLD Development Rights Easement- 18.8253 acres Part of SCTM #1000-18.-4-7.1 Premises: 28105 Main Road (Rt 25), Orient Closing took place on May t3, 20t0 at 1:00 p.m., Southold Town Hall Annex from left to right: Supervisor Scott A. Russell Patricia A. Sepenoski, Executrix/Seller Kristen Rishe, Seller's daughter ~ Eile ¥ie~ Toolb~r Help OWN ER OWNER =~wm ur .~UUTHQi. D PROPERTY RECORD CARD STPJ:ET VILLAG]~ SU B, -. TYPE OF BUILDING R~S SD~,S. VL /~0 'CO~v~'M.. CB. ' MISC. Mkt. Var,.ze RAND 1MP. TOTAL DATE REMARKS LOT BUILDING CONDITION it //' . I,,, ._~,~..:~;~. i,, -..~. ~, j.~.. NORMAL I BELOW ABOVE '~bble ~ .2, t//0 " ~a-~ ~,',/~ ~ ~ .~ Jwampla~d ~RONTAGE ON WATER :. Sr~h]and FRONTAGE ON ROAD ' ffause Plot D~(H : BULKH~D t.g~G 3.! J~ A E R I A L S QUIRY#: 2620087.3 I I = 604' I ' I = ~ooo' I' QUIRY #: 2620087.3 YEAR: 1980 } I = 750' I I = 750' ! I '1 = 750' I ! ! I = 750' I I = z5o, I I I I I I I i i I I I I I I I 1938 AERIAL PHOTOGRAPH A E R I A L M A P FINAL SURVEY ~URYE¥ O~= ORIENT TO~N OF: SOUTHOLEV SUFFOLK COUNTf, NEI~I 'CORK SUP-.VtE'r'[512: NOVEMBER II, 200q AP. tEA P.E'x/ISIONS MAP. CH 2,0, 2oio SUFFOLK COUNT¢ TAX MAP NUMBER IOOO - 18 - 4 - ~',1 TO: APR-6 zolo % DEVELOF~MENT 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 j esm'vey @ optonline.net N.Y.S. LIC. NO. 50202 369-8288 Fax 369-8287 I?EVELOPMENT RI®HTS I1' AREA ID,872 OP--- O.DI85 ACRE AREA TABLE TOTAL AREA q25,qOO S.F. OR 21.2558 ACRES DEVELOPMENT RI®HTS SALE AREA 020,028 S.P. OR 18.825D ACP-..~S DEVELOPMENT RI®HTS INTACT AREA IO5,8-i2 S.F. OR .2.4DO5 ACRES 0 60 120 180 DEVELOPMENT RI®HTS INTACT AREA q2,OOO S.F. OR 2.1120 ACRES S U R V E Y Estate of T, Dmskoski Estate of Aaaa T. Droskoski SCTM 1 ~@8~ Towa Deve opmeat Rights Purchase Map Prepared by Town of Southo~d GIS October 13, 2009