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Duffy, Alice Grattan Estate
1000-63-2-6.2 (f/k/a 1000-63-2-p/o 6) Baseline Documentation Premises: 1135 Boisseau Avenue Southold, New York 7.13 acres Development Rights Easement THE ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD Deed dated November 18, 2004 Recorded December 9, 2004 Suffolk County Clerk - Liber D00012359, Page 554 SCTM #: 1000-63-2-6.2 (f/k/a 1000-63-2-p/o 6) Premises: 1135 Boisseau Avenue Hamlet: Southold Purchase Price: Funding: $196,075.00 (7.13 buildable acres $27,500/acre) Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 8.15 acres Development Rights: Set-off/Lot Line Change: 7.13 easement acres 0.930 acre lot created and 0.09 acre lot line change (approved by Planning Board) Zoned: R-40 Existing Improvements: none on easement in November 2004 VALUATION WITH DEVELOPMENT RIGHTS A. DESC____~RIPTION 1. LAND The subject is a parcel of land having an area of 7.00+ acres. It is part of a larger parcel which has an irregular shape with 152+' of frontage along the westerly side of Boisseau Avenue, an irregular southerly border which runs thence westerly 1024+', thence northerly 164+', thence westerly 270_+' to the easterly side of Youngs Avenue. It has a westerly border of 173_+' which fronts along Youngs Avenue. It has an irregular northerly border which runs thence easterly, 200+', thence northerly 140-+', thence easterly 473+', thence southerly 215+', thence easterly 681+'. The subject is a 7.00+ acre portion of the above described property. The appraisers have not been furnished a survey depicting the actual dimensions of the subject portion of the prope.r[y. We have been instructed to exclude a 1.15+ acre area, located at the westerly boL~ndary of the subject, which contains the existing improvements. The subject portion of the property would likely not retain any frontage on Youngs Avenue. The above dimensions are taken from the last deed of record and the Suffolk County Tax Map. Utilities (Publicwater, electric, and telephone) are available along the property's road frontage (Youngs Avenue). Boisseau Avenue and Youngs Avenue are two way, two lane, publicly maintained macadam paved roads. GIVEN A. DESCRIPTION (CONTINUED) 1. LAND (CONTINUED) In the addenda to this report, we have included a copy of the Suffolk County Tax Map which shows the entire property of which the subject of this appraisal is a portion. The property has a generally level topography and is mostly cleared. It is situated at or near grade with the abutting road and is vacant. Land use surrounding the subject is primarily vacant, or improved residential properties with some commerc!al/industrial uses nearby to the south. 2. IMPROVEMENTS The subject is vacant land. B. PRESENT USE AND OCCUPANCY The subject is presently vacant. _GIVEN ]9 C. ZONING The subject lies in the R~40 Residential zoning district of the Town of Southold. This zone permits primarily a single family residential usage on lots having a minimum size of 40,000 SF. We list below the major requirements of this zone: Zoning District Minimum Width Setback Front Yard Rear Yard Side Yard (both) Maximum Lot Occupancy Maximum Building Height : R-40 150' 50' 50' 35' none~ less than 15' : 20% : 2¼ stories or 35' We have included a copy of Southold's zoning map showing the subject and a Table of General Requirements, in the Addenda to this report. GIVEN 20 P R 0 P E R T Y V I S U A L S I I I I I I I ! ! I ! i I SUBJECT PHOTO§I~J~PH5 Aerial Photograph of Subject Area ~GIVEN vo I Tax Map Location "'1 71 SITUATF' SOUI'HOLD, TOWN OF' spUTHOLD suF'F'OLK COUNTY, 'N.Y. A--C R--80 ~ AHD , , / R--80 / / ~ / ?2 E N V I R O N M E N T A L S U M M A R Y I I I I I I I I I I I I I I I Phase I Environmental Site Assessment A. G. Duffy 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) on the subject property based on the four (4) basic components of a Full Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. The subject property lies in the Hamlet of Southold, Town of Southold, County of Suffolk, New York. The subject property consists of a 7.17 acre portion of undeveloped farmland of a parcel totaling 8.2 acres in size. The property is located on the west side of Boisseau Avenue, approximately 216 feet north of Hummel Avenue. The street address of the property is 1135 Boisseau Avenue. The property is more particularly described as Suffolk County Tax Map # 1000-063-02-p/o 6. The subject property consists of vacant fallow farm field with some wooded areas along the southern and northeastern property boundaries. The 1.03 acre out parcel contains a house and several accessory structures. This portion of the overall property is not considered part of this report since the Town is not purchasing the development rights of this out parcel. No irrigation wells or associated well pump engines were observed on the subject property. No structures, foundations, staining or stressed vegetation were observed on the subject property. Sanborn map coverage is available for the years 1920, 1929, 1947 and i965 for the subject property. These maps revealed the subject property was vacant in all of the maps. Historic aerial photographs from 1969, 1976, 1980, 1994 and 1999 were reviewed in order to deterrmne past uses of the property. This review revealed the property has always been vacant farmland. An extensive government records search found no potential sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, six (6) spill incidents are located within one-half (0.5) mile and one (1) RCRA Generator is located in close proximity of the subject property. In conclusion, this assessment has revealed no evidence of recognized environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. I I I I FIGURE I LOCATION MAP A. G. Duffy Property, Southold A. G. Duffy Property, Southold Phase I ESA I I I I I I I I I I 48 Beixedon £stateSo I I 0 mi 0.2 0.4 0.6 0.8 NELSON POPE & x/OORHIS LLC EN¥1RONMENTAt · PLANNING · CONSULTING Page 7 of 25 A. G. Dully Property., Southold Phase I ESA I FIGURE 2 I SITE MAP I I I I I I I I I I I NORTH Page 9 of 25 Toxics Targeting 1 Mile Radius Map 1135 Boisseau Ave Southold, NY 11971 N Suffolk C;ounly E~ NPL CERCLIS NYSDEC InactiveHazardousWaste Disposal Regisffy or Registry Qual fy ng S e ] Hazardous Waste Treater, Storer, Disposer i~ Hazardous Substance Solid Waste Waste Disposal Site [~ Facility Major Oil ~ Storage Facility Roads Roads Border Tracks Radius Radius Radius Radius Distance in Miles m 1135 Bois~eau Ave Jm llmm Im ~m ~ ~ mm Toxics Targeting 1/2 Mile Radius Map 1135 Boisseau Ave Southold, NY 11971 Suffolk County __ Major -- m Courlty 1/2 0 1/16 1/8 1/4 1/2 Distance in Miles / 1135 Boisseau Ave Toxics Targeting 1/4 Mile Radius Map 1135 Boisseau Ave Southold, NY 11971 w+, Suffolk County Chemical Storage Facility Toxic ~ Release Wastewater E)ische~le Petroleum Balk Storage Facility Location Major I Mile Radius 1/4 Mile Radius 1/2 Mile --- -- 1/8 Mile Radius Distance in Miles · 1135 Boisseau Ave 79 0 1/8 D~stance in Miles Toxics Targeting 1/4 Mile Closeup Map 1135 Boisseau Ave Southold, NY 11971 N Suffolk County ~r] NPL CERCLIS NYSDEC InactiveHazardousWas~e Hazardous Waste Treater, /',~,~1 MTBEOasoline Solid Waste (~ Hezardous Substance [~ Facility * Waste Disposal Site * Ma or Oil ~ Storage Facilty ~ Hazardous Chemical Storage Hazardous Waste ~ Facility *** [] Generator, Trensp Toxic Release *** ~ Discharge *** ~[~ Docket Facility Petrolet~m Bulk · Storage Facility '** Il * 1 Mile Search Radius ** 1/2 Mile Search Radius *'* 1/4 Mile Search Radius P U B L I C H E A R I N G ELIZABETH A. NEVTT,T,I~, TOWN CLERK HEGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 749 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 18, 2003: RESOLVED that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesdav~ December 2~ 2003, at 8:05 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 agricultural lands for a certain parcel of property owned by The Estate of Alice G. Duff¥. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue. The property is located on the west side of Boisseau Avenue, in Southold. The development fights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of thc development fights easement is subject to the survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre. Thc property is listed on thc 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk LEGAL NOTICE PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ December 2~ 2003, at 8:05 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 agricultural lands for a certain parcel of property owned by The Estate of Alice G. Duffy. Said property is identified as SCTM #1000-63-2-6 and 1135 Boissean Avenue. The property is located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is subject to the survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre. 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 tha'. a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. Dated: November 18, 2003 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON NOVEBMER 25, 2003: AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: Traveler Watchman Melissa Spiro Town Clerk's Bulletin Board Town Board Members Town Attorney Estate of Duffy SOUTHOLD TOWN BOARD PUBLIC HEARING December 2, 2003 8:05 P.M. HEARING ON THE PURCHASE OF DEVELOPMENT RIGHTS OF THE DUFFY ESTATE, SCTM # 1000-63-2-6. Present: Supervisor Joshua Y. Horton Justice Louisa P. Evans Councilman William D. Moore Councilman Craig A. Richter Councilman John M. Romanelli Councilman Thomas H. Wickham Town Clerk Elizabeth A. Neville Town Attomey Gregory F. Yakaboski COUNCILMAN WICKHAM: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 25 (Agricultural Lands) and/or Chapter 6 Community Preservation Fund) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ December 2~ 2003~ at 8:05 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 agricultural lands for a certain parcel of property owned by The Estate of Alice G. Dully. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue. The property is located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is subject to the survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre. 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, Feather Hill Annex, Southold, New York, and may be examined by any interested person during business hours. This was published on the Town Clerk's bulletin board and it has appeared in the Traveler-Watchman newspapers and I have no further communications on it. Josh? SUPERVISOR HORTON: Thank you, Councilman Wickham. We are in a public hearing on purchase of development rights of about 7 acres, agricultural land in Southold. Are there comments from the floor? (No response) The hearing is closed. Elizabeth A. Neville Southold Town Clerk S E R E S 0 L U T I 0 N ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 780 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 2, 2003: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on part of a certain parcel of property of aghcultural lands owned by The Estate of Alice G. Duffy, pursuant to the provisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and is located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises approximately 7.168 acres ~f the 8.152 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre; be it therefore RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; be it further RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action. Elizabeth A. Neville Southold Town Clerk 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNI/STED ACTIONS Only PART ];-PRO3ECT ][NFORHAT/ON (To be completed by Applicant OR Project) Page I of 2 1. APPLICANT/SPONSOR: Southold Town Board . PRO3ECT LOCATION: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, ete~ or provide map) S. XS PROPOSED AC'I/ON: Expansion Modification 6. DESCRIBE PRO3ECT BR/EFLY: o~ 7. AMOUNT OF LAND AFFECTED: IN[TALLY :7, I~ ~ acres ULT[IqATEL~ ~,/~ ~ acres 8, WILL PROPOSED AL'q/ON COMPLY WTrH EXZS1/NG ZONING OR OTHER EXZSTJ[NG LAND USE RESTRICTIONS? No i£NO, de.ca/be bffeffy ~ 9. WHAT IS PRESENT LAND USE IN V/C~NITY OF PRO3ECT? R~entia~ Commerdal Industrial ~ DescnZ~e: Park/Forest/Open space Otter 10. DOES ACT/ON XNVOLVE A PERMIT APPROVAL, OR FUNDZNG~ NOW OR ULT/MATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? (/No~) if y~ Ii~t agency(s) and ~rmit/approval$ Y 11, DOES ANY ASPECT OF THE AC1/ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? 12. AS RESULT OF PROPOSED AC1/ON W~LL EX~S1/NG PERMZI'/APPROVAL REQUIRE MODXI~CAT~ON? CER1/FY 11~AT THE INFORMATION PROV/DED ABOVE/S TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor Name: /~ ~ Date: 11//~/~'~ If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment PART TT-ENV/RONHENTAL ASSESS, .,:NT (To be completed by Agency) Page 2 of 2 ~. DOES ACTLON EXCEED ANYTYPE 111.IRESHOLD t'N 6 NYCRP~ PART 617.47 Yes , (N,~o~ yes coordinate b~e re~ew proce~ and u~e ~;e ~ull EAF B. W][LL ACI'ZON RECEIVE CDORDI'NATED REVZEW AS PROV'i'DED FOR UNI TST~ED AC1/ONS TN 6 NYCRR, PART 617.67 Yes [No~ no, a ile~a~e dedamEon may be ~-usl~nded by ano~er invo/ve~ agency C. COULD ACT/ON RESULT IN ANY ADVERSE EFFECTS ASSZOCZAI~D W1TH THE FOLLOWZNG: Answers may be handwritten, if legible) Cl. Existing air quality surface or groundwater quality or quantity, noise levels, existing traffic patterns solid waste production or disposal, potenUal for erosion, drainage or flooding problem? Explain briefly: C2. Aesthetic, agficolturaf, archaeological, histodc or other natural or cultural resources; or community or neighborhood character? Explain briefly: /~) C3. Veggt~tlon or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as ofiqdally adopted, or change in use or intensity of use of land or other natural resources? Explain C5. Gro~.~subseqonnt development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Lon~ ~e ,~_, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity of type of energy)? Explain briefly: D. WILL THE PRO.1ECT HAVE AN ZMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABIESHMENT OF A CEA? Yes ~ E. XS THERE, OR ZS THERE lIKELY TO BE~ CONTROV. ERSY RELATED TO POTENTLa. L ADVERSE ENVIRONMENTAL ZMPACTS? PART [[][- DETERMTNAT'[ON OF STGNZFZCANCE (To be completed by Agency) INSTRUCT]OffS: For each adverse effect identified above, determine whether it is substantial, large, or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or nJral); probability of occurring; (c) duration; (dO irrevemibility; (e) geographic scope; and (0 magnitude, if necessary, add attachments or reference supporting materials. Ensure that explanations contain suffident detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of part B was checked yes, the determination and significance must evatuate the potential impact of the proposed action on the environmental charactedsfies of the CEA. Ched( this box if you have identified one or more potentially large or significant adveme impacts, which may occur. Then proc~ direcUy to the FULL ENV[RONMETNAL ASSESSMENT FORiVl and/or prepare a positive dedaration. Oneck this box if you have determined, basecl on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons sul~oorfing~:::>~\ c~this ~etermination:~.~c.~,~_~.~ ~ c~c~ ~ ~ , Name of Ireefl Agency /.-, · Print of type Name o'f Responsible Officer in Lead Agency ~.~~O~fi, cer Signature of Respoesibte Officer in ~ Signature of prepare(if diff~(/nt from of responsible officer) P U R C H A S E R E S O L U T I O N ELIZABETH Ao NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 799 OF 2003 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON DECEMBER 2, 2003: WHEREAS, the Town Board of the Town of Southold held a public heating on the question of the purchase of development rights on the property owned by The Estate of Alice G. Duffy on the 2nd day of December 2003, pursuant to the provisions of Chapter 25 (Agricultural Lands Preservation) and Chapter 6 (Community Preservation Fund) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and is located on the west side of Boisseau Avenue, in Southold; and WHEREAS, the development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is subject to the survey; 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 6 (2% Community Preservation Fund) and Chapter 25 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on these agricultural lands; be it therefore RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on part of a certain parcel of propert~? of agricultural lands owned by The Estate of Alice G. Duff¥, pursuant to the p~ovisions of Chapter 6 and Chapter 25 of the Code of the Town of Southold. Said property is identified as SCTM #1000-63-2-6 and 1135 Boisseau Avenue, and is located on the west side of Boisseau Avenue, in Southold. The development rights easement comprises approximately 7.168 acres of the 8.152 acre farm. The exact area of the development rights easement is subject to survey. The purchase price is $27,500 (twenty-seven thousand five hundred dollars) per acre. Elizabeth A. Neville Southold Town Clerk C L O S I N G S T A T E M E N T CLOSING STATEMENT ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD SCTM #1000-63-2-6 (n/k/a 1000-63-2-6.2) Development Rights Easement - 7.13 total PDR acres Total Parcel Acreage - 8.15 acres Lot created (approved by Planning Board) - 0.930 acre Lot line change (approved by Planning Board) - 0.09 acre Premises: 1135 Boisseau Avenue, Southold Closing took place on Thursday, November 18, 2004 at 1:00 p.m., in the Land Preservation Department located in the Southold Town Hall Annex Purchase Price: Payable to The Estate of Alice Grattan Duffy (7.13 acres @ $27,500/buildable acre) Check #79169 (11/18/04) $ 196,075.00 Expenses of Closing: Appraisal Payable to Given Associates Check #72851 (8/12/03) $ 2,200.00 Survey Payable to Stanley J. Isaksen, Jr. Check #77756 (8/24/04) $ 875.00 Environmental Report Payable to Nelson, Pope & Voorhis, LLC Check #75518 (3~9~04) $ 1,350.00 Title Report Payable to LandAmerica*Commonwealth Check #79170 (11/18/04) Fee Policy Premium $1,196.00 Deed Recording $ 250.00 $ 1,446.00 Title Closer Attendance Fee Payable to Karen Hagen, Esq. Check #79171 (11/18/04) $ 75.00 Those present at Closing: Joshua Y. Horton Lisa Clare Kombrink, Esq. Gary Olsen, Esq. Karen Hagen, Esq. Melissa Spiro Melanie Doroski Southold Town Supervisor Special Counsel for Town of Southold Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Administrative Asst TOWN OF SOUTHOLD 53095 MAiN ROAD $OUTHOLD. NEW YORK 11971-0959 DATE 11/18/2004 DUFFY ESTATE -TQ TOWN .o. 079169 CHECK NO AMOUNT 79169 $196,075.00 ONE HUNDRED NINETY SIX THOUSAND SEVENTY FIVE AND 00/100 DOLLARS ~AYTO THE ORDER OF ESTATE OF ALICE GRATTAN DUFFY C/O GARY OLSEN PO BOX 706 CUTCHOGUE NY 11935 00~00 N 0,' VENDOR 004772 ESTATE OF ALICE GRATTAN DUFFY 11/18/2004 CHECK 79169 ~TIRT~ ~ A~COT~qT P.O.# H3 .8660.2.600.100 TN-VOICE 1000-63-2-6 DESCRIPTION 7.13 ACRES @ $27. TOTAL AMOUNT 196,075.00 196,075.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971 0959 GIVEN ASSOCIATES PATRICK A. GIVEN, SRPA box 5305 · 550 route 111 · hauppauge, n.y. 11788-0306 (631) 360-347 FAX 360-362, May 20, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Property of Alice Grattan Duffy, S.C.T.M. #1000-63-2-6 Located Westedy side of Boisseau Avenue, Southold, NY File# 2003217 $2,200.00 J108S 20 TOWN OF SOUTHOLD ** Actual Vendor., 007416 GIVEN, SRPA/PATRICK Y JE Date Trx. Date Fund Account ......................... Use Acti Y 8/12/2003 8/12/2003 H3 600 8/12/2003 8/12/2003 8/12/2003 8/12/2003 8/26/2003 8/26/2003 9/09/2003 9/09/2003 9/23/2003 9/23/2003 11/18/2003 11/18/2003 Y !2/02/2003 12/02/2003 Y 12/02/2003 12/02/2003 H3 600 H3 600 A 600 E3 600 H3 60O H3 600 H3 600 H3 600 Select Record(s) or Use Action Code Trx Date ..... Trx Amount... Description.. Vendor Code.. Vendor Name.. Alt Vnd.. CHECK ........ Invoice Code. VOUCHER ...... P.O. Code .... Project Code. Disburs Inquiry by Vendor Name ............. Detail--GL100N .............. W-08122003-452 Line: 105 Formula: 0 : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : 8/12/2003 SDT 8/12/03 : 2,200.00 : APPPJ%ISAL-DUFFY PROPERTY : 007416 : GIVEN, SRPA/PATRICK A. : : 72851 SCNB : 2003217 : 10649 Final Payraent F Liquid. 1099 Flag .... 7 Fixed Asset.. Y Date Released 8/12/2003 Date Cleared. 8/31/2003 F3=Exit F12=Cancel F21=Image STANLEY J. ISAKSEN, JR. PROFESSIONAL LAND SURVEYOR P.O. Box 294 New Suffolk, N.Y. 11956 Topographic Title Surveys Surveys Telephone&Fax 631-734-5835 4 August2004 Town of Southold Land Preservation Dept. P.O. Box 1179 Southold, N.Y. 11971 ATTN: Ms. Melissa Spiro RE: DuffyEstate Railroad Avenue Southold, N.Y. TM#1000-063-02-006 Dear Ms. Spiro: The following is a bill for mapping and surveying servic¢'~ concerning the PDR at premised known as 205,) Railroad Avenue of property ~,wned by heirs of Alice Duffy. Fee for services to include all field work, data collection, computer time and reproduction expenses: Please remit ...... $875.00 at this time. CC: file 03R1245 AUG - 5 2OO4 D£PT OF LAND PRESERVATION AMERICAN CONGRESS NEW YORK STATE ASSOC. NASSAU-SUFFOLK ON OF CIVIL ENGINEERS,INC. SURVEYING AND MAPPING PROFESSIONAL LAND SURVEYORS, INC GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 009660 ISAKSEN,JR.,L.S./ST JE Date Trx. Date Fund Account ............................. Begi 5/18/2004 5/18/2004 H3 .600 8/24/2004 8/24/2004 H3 .600 Select Record(s) or Use Action Code Disburs Inquiry by Vendor ~ .............. Detail--GL100N .......... : W-08242004-336 Line: 170 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : : Trx Date ..... 8/24/2004 SDT 8/26/04 : : Trx Amount... 875.00 : : Description.. SURVEY-DUFFY ESTATE : : Vendor Code.. 009660 : : Vendor Name.. ISAKSEN,JR.,L.S./STANLEY : : Alt Vnd.. : : CHECK ........ 77756 SCNB : : Invoice Code. 03R1245 : : VOUCHER ...... : : P.O. Code .... 12741 : : Project Code. : : Final Payment F Liquid. : : 1099 Flag .... 7 : : Fixed Asset.. Y : :.Date Released 8/24/2004 : : Date Cleared. 8/31/2004 : : F3=Exit F12=Cancel F21=Image : l elson, Pope & Voorhis, LLC ~2 Walt Whilman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Invoice Property: 03435 Project: 1135 Boisseau Avenue Manager: McGinn; Steven VAO15 To: Town of Southold Town Hall, 53095 State Rte 25 P.O. Box 1179 Southhold NY 11971-0959 Attention: Patricia A Finnegan, AT Invoice #: 2302 Invoice Date: February 23, 2004 MAKE CHECKS PAYABLE TO NELSON POPE &VOORHIS Invoice Amount $1,350.00 Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed: 12/10/03 thru 1/7/04 Contract Amount: $1,350.00 Percent Complete: 100.00% Fee Earned: $1,350.00 Prior Fee Billings: $0,00 Current Fee Total: $1,350.00 *** Total Project InVoice Amou/nt $1,350.00 GL108S 20 TOWN OF SOUTHOLD ** Actual Vendor.. 014161 NELSON, POPE & VOOR Y ,Y, Disburs Inquiry by Vendor Name .............. Detail--GL100N .............. : W-03092004-727 Line: 283 Formula: 0 : : Account.. H3 .600 : : Acct Desc ACCOUNTS PAYABLE : JE Date Trx. Date Fund Account : Trx Date ..... 3/09/2004 SDT 3/10/04 : ......................... Use Acti : Trx Amount... 1,350.00 : 1/20/2004 1/20/2004 H3 .600 : Description.. PHASE I ESA-DUFFY ESTATE : 1/20/2004 1/20/2004 A .600 : Vendor Code.. 014161 : 1/20/2004 1/20/2004 A .600 : Vendor Name.. NELSON, POPE & VOORHIS, : 1/20/2004 1/20/2004 A .600 : Alt Vnd.. : 1/20/2004 1/20/2004 A .600 : CHECK ........ 75518 SCNB : 1/20/2004 1/20/2004 A .600 : Invoice Code. 2302 : 2/24/2004 2/24/2004 B .600 : VOUCHER ...... : 3/09/2004 3/09/2004 H3 .600 : P.O. Code .... 11752 : 3/09/2004 3/09/2004 H3 .600 : Project Code. : 4/20/2004 4/20/2004 H3 .600 : Final Payment F Liquid. : 4/20/2004 4/20/2004 H3 .600 : 1099 Flag .... 7 : 4/20/2004 4/20/2004 H3 .600 : Fixed Asset.. Y : 4/20/2004 4/20/2004 H3 .600 : Date Released 3/09/2004 : 5/18/2004 5/18/2004 A .600 : Date Cleared. 3/31/2004 : 5/18/2004 5/18/2004 H3 .600 : F3=Exit F12=Cancel F21=Image : ......................... Use Acti : : Record(s) or Use Action Code Select : ........................................ : TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 ONE THOUSAND FOUR HUNDRED FORTY SIX AND 00/100 NO. '"' J~&l U DATE CHECK NO. AMOUNT 11/18/2004 79170 ~1,446.00 DOLL~ARS PAY TO THE ORDED Of STEWART TITLE INSURANCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 "'O?q&?O"' ':O~hOSh~h~: ~ OO000L, O VENDOR 019624 STEWART TITLE INSURANCE CO. 11/18/2004 CHECK 79170 FLrND ~_. ACCOL~_Tm D o ~ H3 .8660.2.600.100 H3 .8660.2.600.100 1000-63-2-6 1000-63-2-6 D~SC~TPTT©N DUFFY TITLE POLICY RECORD DUFFY DEED TOTAL AMOUNT 1,196.00 250.00 1,446.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 SEVENTY FIVE AAiD 00/100 DOLLARS TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD NEW YORK 11971-0959 DATE 11/18/2004 CHECKNO. AMOUNT 79171 $75.00 PAY TO THE ORDER OF KARENHAGEN 2~'75KERWIN~BOULEVARD GREENPORT NY 11944 O0000N 0 III VENDOR 007707 KAREN HAGEN 11/18/2004 CHECK 79171 H3 .8660.2.600.100 1000-63-2-6 DESCRIPTION AMOUNT CLOSER FEE-DUFFY ESTAT 75.00 TOTAL 75.00 TOWN OF SOUTHOLD · SOUTHOLD, NY 11971-0959 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Depadment Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: November 19, 2004 Re: THE ESTATE OF ALICE GRATTAN DUFFY to TOWN OF SOUTHOLD SCTM #1000-63-2-6 Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 1135 Boisseau Avenue, Southold OWNER: The Estate of Alice Grattan Duffy PURCHASE DATE: Closing took place 11/18/04 PURCHASE PRICE: $196,075.00 (based on 7.13 buildable acres @ $27,500/acre) EASEMENT AREA: 7.13 acres FUNDING: Community Preservation Funds - 2% land bank MISCELLANEOUS: This farmland property is listed in the Town's Community Preservation Project Plan. Parcel was originally 8.15 acres. Landowner received Planning Board approval for subdivision (separation of existing house from farm) and lot line change before closing on 7.13 farm area easement with Town. R E C O R D E D D E E D I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Number of Pages: 14 Receipt Number : 04-0134693 TRANSFER TAX NUMBER: 04-19398 District: 1000 Ar~ount: Recorded: At: LIBER: PAGE: Section: Block: 063.00 02.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 Recei'~ed the Following Fees For Above Instrument Exempt Page/Filing $42.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT SCTM $0.00 NO Transfer tax Co~.Pres $0.00 NO TRANSFER TAX NUMBER: 04-19398 Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 12/09/2004 12:11:48 PM D00012359 554 Lot: 006.002 Exempt $5.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $102.00 FEB 1 8 2005 DEPT. OF LAND PRESERVATION Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp RECORDED CLERK OF SUKKOLK COUNTV L D00012359 P 554 Recording / Filing Stamps 31 Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-5217 (State) Comm. of Ed. 5. 00 Affidavit Certified Cop3, NYS Surcharge 15. 00 Other G md Total ~ DisL $~¢tto~ FEES Real Propert' Tax Service 1000 06300 0200 006002 Agency ~ Verification 6--~[Satisfactions/Discharges/Releases List Ih operty Owners Mailing Address RECORD & RE~ URN TO: L/ Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County Held for Appointment Transfer Tax Mansion Tax The property covered by this mortga or will be improved by a one or family dwelling Olfly. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fu Consideration Amount $ -mt CPF Tax Due $ ~:~ Improved Vacant Lm~d TD TD TD Title Company Information ITitle~ 2~ -~-~J 8 ] Suffolk County Recordin. t ]ffil tln~ page loruls prat oI rte attactled C~t~Ct~x T ca/ ~M3k/~ra.~Qj2./)-~-t,~/~tet./&~(.d~4~> v , fnade (SPECIFY TYPE OF INSTRUMI~...._ The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In the Township of (~) t-'~/TL ~ In the VILLAGE Ct9 ]L~/ or HAMLET of ~'~ ~ BOXES 6 THRU 8 MUST BE TYPED Oi, PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILIN( (O GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the I~ day of )~.,l-~d~l~r~,., 2004 at Southo d, New York. The parties are THE ESTATE OF ALICE (;RATTAN DUI:FY, c/o Eugene O. Dully, 2160 Michelle Drive, Brookfield, WI (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, more fully described in Schedule A attached hereto and made a part hereof and shown on a survey dated July 16, 2003 and last revised August 4, 2004, prepared by Stanley J. Isaksen, Jr., and hereinafter referred to as the "Property"; and WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 100-30. The Property is designated as part of Suffolk County Tax Map Parcel Nut*her 1000-63-2-6; and WHEREAS, the PrcCerty contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #.~, and the Grantor wishes to continue using the Property in an agricultural capacity and as scenic open space as defined in the Town Code of the Town of Southold; and WHEREAS, the Property is currently in agricultural use as row crops; and WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and Section 272-a of the Town Law to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic, agricultural and open condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any extensive 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 gran 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 Hundred Ninety-Six Thousand Seventy-Five Dollars ($196,075.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shal be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A' annexed hereto and made a part of this instrument. TO HAVEAND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the exclusive right of occupancy and use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenanas and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York General Municipal Law to acquir( 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 open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic or agricultural values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Development Rights Easement on the Property bv Grantor to Grantee, e×ctusivelv fnr the purpose of nreservin( ILS Cll~raccel la p~rpe[u,cy [or its enViFOlhFl~eilkdi~ 5Cel/iC~ ag llCUl[_Ural and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recoqnition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law Section 247. Similar recognition by the federal government includes Section 170(h) of the Tnternal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficien documentation to establish the condition of the Property at the time of the delivery of this Development Rights Easement. 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 1.0Z Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for anything other than agricultural production as presently defined in Chapter 25 or open space as defined in Chapter 59 of the Town Code of the Town of Southold. 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, ner$onal representatives, successors and used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under ground or upon another structure or building, including berms, driveways or walkways. Structures shall not include trellis, posts and wiring, farm roads or farm irrigation systems, used in connection with bonafide agricultural production. 3.02 Excavation and Removal of Materials; Mining The excavating or filling of the Property 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 for purposes of erosion control and soil management, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired int:o two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 3.04 Dumpinq The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage sawdust, ashes or chemical waste on the Propertvshall be prohibited. This prohibition shall exclude fertilization and composting. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants, (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) to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and must be used solely to service permitted structures, if any. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial uses shall be prohibited, except as permitted in Section 4.03. For the purposes of this section, agricultural production, as presently defined in Chapter 25 of the Town Code, shall not be considered a commercial use. 3.08 Soil and Water i\ny use or activity that causes or is likely to cause soil degradation or erosirm or pollution of any surface or subsurface waters shall be prohibited. This/'~rohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the U.S. Department of Agriculture's National Resource Conservation Service. 3.9 Drainaqe The use of the Property [or a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibitedf except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor hereby grants to Grantee all existing Development Rights (and any further Development Rights that may be created through a rezoning of the Property) on the Property. The parties agree that such rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all ether customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement as well as applicable local, New York, State, or federal law. 4.04 Landscapinq Activities Grantor shall have the right to continue the current modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, to thin and prune trees to maintain or improve the appearance of the property, and to mow the property. 4,05 Aqricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently defined in Chapter 25 of the Town Code, in accordance with the purposes of this Easement. 4.06 Structures and Zmprovements No structures shall be constructed on the Property. 4.07 Notice Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property, which could adversely affect the environmental, scenic, open space, and agricultural values which are the subject of this Easement. This notice is in addition to any other governmental applications and/or approvals that may be required by this Easement or by the Town Code of the Town of Southold. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, Liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors arising from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third PaEty Claims Grantur shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: (a) from injury to persons or damages to property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Annual Mowinq Requirement In the event Grantor seeks to leave the Property open and fallow, and not perform or use the Property for agricultural production, then Grantor hereby agrees to mow the Property on an annual basis at least once during the growing season so as to prevent successional field growth to predominate. In the event Grantor fails to comply with the provisions of this section after 30 days notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to perform such mowing. 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. Grantee shall not: have the right to enter upor the Property for any other purposes, except as provided in Section 5.04, or to permit access upon the Property by the public. 6.02 Restoration In the event of any violation of this Easement, Grantee shall have th( right to require the Grantor to restore the Property to the condition existinc_ prior to the claimed violation and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, floo~ storm, and earth movement, 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 resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition t( and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes o this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred (herein called "Legal Expenses") in connection with any proceedings under this Section. 6.04 Notice All notices required by this Easement must be written. Notices shall b delivered by hand or registered mail, return receipt requested, or by certifie mail, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or two business days from the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment This Easement gives rise to a property right and interest immediately vested in the Grantee. For purposes of this Section 6.06, the fair market value of such right and interest shall be equal to the difference, as of the date hereof, between the fair market value of the Property subject to this Easement and the fair market value of the Property if unencumbered hereby {such difference, divided by the fair market value of the Property unencumbered by this Easement, is herein referred to as the "Proportionate Share"). In the event a material and potentially unforeseeable change in th( conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, resulting in an extinguishment of this Easement by a judicial proceeding, Grantor shall pay to Grantee an amount equal to the Proportionate Share of the fair market value of the Property at such time. In the event of a sale by Grantor to an unrelated person subsequent to such extinguishment, or a transfer made on account of the exercise of the Power of eminent domain, the sale price or condemnation award shall establish fair market value. Absent such as sale, the Property's fair market value shall be established by independent appraisal. if all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority other than Grantee or otherwise acquired by such other authority through a purchase in lieu of a taking, Grantor and Grantee shall join in appropriate proceedings at the time of such taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the property subject to the taking and all incidental or direct damages resulting from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall beenti~red shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.06 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. 9 ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement can be modified in accordance with the common and statutory law of the State of New York applicable to the modification of easements and covenants running with the land, and according to other applicable provisions of State law and by mutual consent of the parties. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the I-own of Southold. No subsequent amendment of the provisions of the To!vn Code shall alter the limitations placed upon the alienation of these prope~'ty rights or interests which were acquired by the Town prior to any such &mendment. 7.04 Severability If any provision of this Easement or the application thereof to any person or circumstance is found to be invalid, the remainder of the provisions of this Easement and the application of such provisions to persons or circumstances other than those as to which it is found to be invalid shall not be affected thereby. 7.05 Governinq Law New York Law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provisions of this Easement is ambiguous or shall be subject to two or more provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has l0 restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted t grant, to the public any right to enter upon the Property. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordinq Grantee shall record this Easement in the land records of the office o the Clerk of the County of Suffolk, State of New York. 7.10 Headinqs The headings, titles and subtitles herein have been inserted solely roi convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ACKNOWLEDGED AND ACCEPTED: TOWN OF~OUTHOL~/Grantee) ~:~h-ua Y. Ho~-tonv ~ upervisor STATE OF NEW YORK) COUN~ OF SUFFOLK) SS: On this~day of~ in the year 200~before me, the undersigned, personally appeared ~ ~ or proved ~o me on the basis of satis~ctory evidence to be the individual(s~ whose name(s) is (are) subscribed to the w~thin instrumen~ and capacity(les), and that by his/her/their signature(s) on ~he instrument, the individua/~r ~he person upon behalf of which the individual(s) execute~ ~h~ins~ru ment. Oualifi~ in Suffolk Cou~ Commission Expires March 30, STATE OF NEW YORK) COUNTY OF SUFFOLK) SS: On this '~ day of/~"~ in the year 2004 before me, the undersigned, personally appeared ~J]~-~ ~/"/. ~/'~, personally known to m or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and th~ by his/her/their signature(s) on the instrument, the individual(s), or the//p~rson upon behalf of which the individual(s) acted, executed the Notary Publi~-/ ~y ~l.~l~R OLSEN Notary Public State O! New York No. 020~ 9959600 Queidied in Suffolk Co[~flty STATE OF NEW YORK) Commission Expires March 30,~0~ COUNTY OF SUFFOLK) SS: On this ./~':~ay of jl~/. in the year 2004 before me, the undersigned, personally appearecL~'~$/,~4)/, ~'~'/'~ personally known to m or proved to me on the basis of satisfactory evidence to be the individuai(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, t, ihe individual(s), or the person upon behalf of which the individual(s) actLa, ~..~i,l,t'ed the in.<f~lrn~ent. KAREN J. HAGEN No. 02HA4927029 , Oualif~e~ in Suffolk Coun~ Not C~on Expires t~an:h 21, C:\H¥ Documents\Anne\Town of Southold Deeds of Development Rights\Dully Deed of Development Rights 1019.doc ]2 Stewart Title Insurance Company Title No: 23-S-3871 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York known as and by part of Lot 006.000 in District 1000 Section 063.00 Block 0200 on the Suffolk County Land and Tax Map, and being bounded and described as follows: Beginning at the corner formed by the intersection of the northeasterly side of Raikoad Avenue (f/k/a Youngs Avenue) and the northwesterly side of Hmnmel Avenue distant 365.25 feet on a tie tine; Thence North 72 degrees 49 minutes 10 seconds East, 269.50 feet to the true point ?~ oeginning; Running Thence North 13 degrees 13 minutes 20 seconds West, lz~8.66 feet; Thence South 73 degrees 37 minutes 40 seconds West, 70.09 feet; Thence North 13 degrees 29 ~ninutes 00 seconds West, 160.03 feet; Thence North 73 degrees 37 minutes 40 seconds East, 472.92 feet; Thence South 07 degrees 17 minutes 30 seconds East, 215.30 feet; Thence North 78 degrees 24 ~ninutes 00 seconds East, 680.60 feet; Thence South 02 degrees 30 ~ninutes 40 seconds West, 151.50 feet; Thence South 70 degrees 45 minutes 10 seconds West, 1023.88 feet; Thence North 15 degrees 07 ininutes 20 seconds West, 10.89 feet; Thence North 13 degrees 13 minutes 20 seconds West, 145.00 feet to the point or place of Beginning. ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY STEWART TITLE® INSURANCE COMPANY SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED iN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized officers as of the Date of Policy shown in Schedule A. STEWART TITLE® Countersigned by: Secretary EXCLUSIONS FROM COVERAGE The following moilers are expressly exdaded from the coverage of this policy and the Company will not pay loss or damage, costs, aHomeys' fees or expenses which arise by reason 1. Ca) Any law, oldiaance or governmental regulalion (including bur not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the charader, dimensions or tocation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was o part; or (iv) environmental protection, al the effed of any violation of these laws, ordinances or governmental regulations, except to the exienl that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation aJ~eding the land has been lecorded ia the public records at Date of Policy. Ch) Any governmeetal police power not excluded by Ca) above, except to the extent that a notice of the exercise thereof or a nntice of a defect, lien or encumbrance resulting from a violation or alleged violation ofleding the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at, Date of Policy, hut not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser fei value without knowledge 3. Detecis, liens, encumbrances, adverse claims or other malters: Ca) created, suffered, assumed or agreed to by the insered claimant; Cb) 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 re the Company by the insured claimant prior to the date tile insured claimant became an insured under this policy; Cc) resulting in no loss or damage to the insured claimant; Cd) aHaching or created subsequent to Dote of Policy; or Ce) resulting in loss or damage which would not have been sestnined if the insured claimant had paid value for the estate or interest insured by this polky. 4. Any claim which arises out of the transaction vesting in the Insured the estate or inlerest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (o) the transaction creating the estate or interest insured by lhis policy being deemed a fraudulent conveyance or fraudulent transfer; or Cb) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except whom the preferential tlansfer results ftom the failure: (i) to timely record the instrumenl of tfansfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgmenl or lien creditor. Pa e 1 of 0-8831- 321620 Serial NO Phone: Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville New York 11747 (631) 501-9615 Fax: (631) 501-9623 Date: November 17, 2004 Title No: 23-S-3871 Melanie Town of Southold, Office of Town Attorney 53095 Route 25 P.O. Box 1179 Southold, New York 11971 RE: Borrower/Current Owner: Premises: Reference: Town of Southold 1135 Boissau Avenue Southold, New York In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. RightFax 11 1/2004 1:19 PAGE 002/003 Fa.x Server SCHEDULE A Title No.: 23-S-3871 Date of Policy: Novcml)cr 18. 2004 Policy No.: O-8831-1321620 Amount of Insurance: S196.075.00 1. Name oflnsured: Town of Southold County: Suffolk 2. The eslate or interest in the land described herein and which is covered by this policy is: 3. Title to the estate or interest in the land is vested in: Easemextt made to Town of Soothold from Eugene O. Dull3: and Alice M. Grant. as ( o-Exec ~ c rs oi lhe Esmle of Alice ('L Dllfl}' and to be recorded in lhe S,ffolk Counly Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedole A Dcscriplion, arlached hereto and made a parl hereof. District: 1000 Section: 063.00 Block: 02.00 Lot: 006.000. 4612 (7/93) Page 2 $ T E W A R T T I T L E INSURANCE COMPANY RightF~x 11 1/2004 1:19 PAGE 003/003 F&x Server Al ,IA OWNER'S POI,ICY SCHEDULE B TitleNo.: 23-S-3871 PolicyNo O-8831-321620 EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: Rights of tenant(s) or person(s) in possession, if any. 2. Survey made by Stanley J. Isaksen, Jr., daled 6/24/2003 and last dated 08/04/2004, in which covers premises and more; shows subject premises as unimproved vacant land, and as a cultivated field; Wooded at'cas at~d earth drive as shown thereon; Fence varies up to 2.5 feet north along par~s of southerly line; Tree on westerly line. Company excepts any changes since the dale of the survey used herein. 3. Policy excepts any unpaid water, sewer or street frontage charges. 4. Policy excepts the lien of restored taxes, plus interest and penalties, if any. 4613 (2/93 Page 3 S T E W A R T T I T L E INSURANCE COMPANY RightFax 11 712004 1:10 PAGE 002/003 Fax Server Stewart Title Insurance Company TitleNo: 23-S-3871 Policy No.: 0 8831 321620 Schedule A Description Amended 11/17/2004 ALL that certain plot, piece or parcel of land with the bnildings and improvemenls thereon creeled, situate, lying and being at Southold, Tow~ of So,thold, County of Suffolk and Slale of New York known as and by part of Lol 006.000 in District 1000 Section 063.00 Block 02.00 on lhe Suffolk County Land and Tax Map, and being bounded and described as follows: Beginning at the comer formed by the intersection of the noflheasterly side of Railroad Avenue (17k/a Youngs Avenue) ,'md the northwesterly side of Hummel Avenue distant 365.25 feet on a tie line; ']?hence North 72 degrees 49 minutes 10 seconds East, 269.50 feet to the tn~e poinl of beginning; Running Thence North 13 degrees 13 minutes 20 seconds West, 148.66 feet to a point; Thence South 73 degrees 37 minutes 40 seconds West, 70.09 feel to a point; Thence the following ~wo (2) courses and distances: (1) North 13 degrees 29 minutes 00 seconds west, 20.03 feet to a concrete monument; (2) North 13 degrees 29 minutes 00 seconds West, 140.00 feet to a concrete monnment; Thence North 73 degrees 37 nfinules 40 seconds easl, 472.92 feet to a concrete monumenl; Thence South 07 degrees 17 minutes 30 seconds easL 215 30 feel to a concrele monumenl; Thence North 78 degrees 24 minutes 00 seconds east, 680.60 feel lo a concrele monumenl; Thence South 02 degrees 30 minutes 40 seconds west, 151.50 feel lo a point; Thence South 70 degrees 45 minutes 10 seconds wesl, 1023.88 feet to a point; Thence North 15 degrees 07 minutes 20 seconds west, 10.89 feet to a point; Thence North 13 degrees 13 minutes 20 seconds west, 145.00 feet to the point or place of Beginning. STEWART TITLE INSURANCE COMPANY HEREiN CALLED THE COMPANY Title No.: 23-S-3871 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) ATTACHED TO AND MADE A PART OF POLICY NUMBER O-8831-321620 1. The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material famished 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." 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the insmunents creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges, and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory is made a part of the policy and is subject to the Exclusions from Coverage, Schedules, Conditions and Stipulations therein, except as modified by'the provisions hereof. Signed on November 18, 2004 Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 Melville, New York 11747 Agent No.: 327005 STEWART TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT (9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CONDITIONS ). DEFINITION OFTERMS. The following terms when used in this policy meam Ca) "insured": the insured named in Schedule A, and, subiect to any rights or defenses othu Company would hove had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, se~vivors, personal representatives, next of kin, or corporate or fiduciary successors. Cb) "insured doimanP': aa insured claiming loss nc damage. Cc) "knowledge" or "known": acrual knowledge, not constructive knowledge ur notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of mattms affeding the land Cd) "land": the land desclibed or referred to in Schedule A, and implovements affixed thereto which by law constitute real property. The term "land" does not include any properh/ beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the exlent to which a dgbt of access to and from the land is insured by this policy. Ce) "mortgage": mortgage, deed of lmst, trust deed, or othel security instrument. Ct) "public records": records established under state statutes at Dote of Policy for the purpose of imparting constructive notice of matters relating to real properh/lo purchasers fur value and without knowledge. With resped to Sedion l(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of tho IJnited States district court for the disttict in which the land is located. (g) "unmarketobdily of the title": an alleged or apparent matter affeding the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contradaal condition requiring the delivery of malketable title. 2. CONTINUATIOI't OF INSLIRAHCE AFTER COt'IYEYANCE OF TITLE. Jhe coverage of this policy shot continue in force as of Date of Policy in favor of an insured nary se long as the insured retains an estate or intmest in the land, or holds an indebtedness secured by a pumhase money morigage given by a pulchaser from the insured, )r only so long as the insured shall have liabilily by reason of covenants of worranly made by insured in any transfer or conveyance of the estate or interest. This policy shall oat continue in force in favor of any purchaser from the insured of either (i) on estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CtAIM 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 4Ca) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse 1o the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejeded as unmarketable. If prompt notice shall not be given to the Company, then as to the iesemd all liabili~/of the Company shall terminate with regard to the mailer or moilers for which prompt notice is required; provided, however, lhot failure to notify tho Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIOPlS; DUIY OF INSURE[~ CLAIMANT TO COOPERATE. Ca) Upon wriHen request by the insured and subject to the options contained in Sedion 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third pa~ asserts a claim adverse to the title m interest as insured, but only os to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subject to the right of the inseled to objed for reasonable caose) to represent the insured as to those stated causes of adion and shall not be liable for and wUJ not pay the fees of any other counsel. The Company will oat pay any fees, costs or expenses incmled by the insured in the defense oE those causes of action which allege matters not insured against by this policy. Cb) The Company shall have the right, at its own cost, 1o institute and plosecute any or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or inlerest, as insured, or to prevent or reduce loss or damage to the insured. Fha Company may take any appropriate action undel the*terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liabdiiy or waive any provision of this policy, tf the Company shall exercise it tightv under this, paragraph, it shall do so diligently. AND STIPULATIONS Cc) Whenever the Company shall have brought an action or interposed a defense as required or permgted by the provisions of this policy, the Company may pursue any litigation to final determination by o court of competent jurisdiction and expressly Ieserves the right` in its sole discretion, to appeal from any adverse judgment or order. Cd) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to gee, at its option, the name of the insured for this purpose. Whenevel requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, plosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful oct which in the opinion of the Company may be necessary or desilahle 1o establish the title to the estate or intmest as insured. If the Company is prejudiced by the failure of the insured to furnish the inquired coopelation, the Company's obligations to the insured under the policy shall terminate, including any liabilih/ or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. 5. PROOF OF LOSS OR DAMAGE. In addition to and after the notices required under Sedion 3 of these Conditions and Stipulations have been provided the Company, o proof of Joss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the deled in, or lien or encumhlance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of cafculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liobilgy or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized repmsentatrye of the Company and shall produce for examination, inspedion and copying, at such reasonable times and places as may be designated by any authorized representative of lhe Company, all records, books, ledgers, checks, correspondence and memoranda, whether heariqg, date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured ,iaimant shall grant its permission, in writing, for any authorized representative of the Cam?any to examine, insped and copy ail records, books, ledgers, checks, correspondence and memmanda ia lhe cuslody al control of a third pady, which 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 othecs 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 unde~ oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third patties as required in this paragraph shall terminate any tiabilJly of the Company under lhis policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SEITLE CLAIMS; TERMINATION OF UABILI~. In case of a claim under this policy, the Company shall have the following additional options: a) To Pay er Tender Payment of the Amount of Insurance. To pay or tender payment o the amount of insurance under this policy together with any costs, aHomeys' fees and expenses incurred by the insured claimant, which were aulhorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liabiJgy and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liahilgy or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. Cb) To Pay or Otherwise S~Je With PeJlies Other than the Insured er With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company op to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insmed claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is o ad to pay. (continued and concluded on last page of this policy) bUff UI mtinued and concluded from reverse side of Policy Face) Upon the exercise by the Company of either of the options provided for in ~)aregraphs (b)(i) or (ii), the Company's obligations to the insured under this policy [or the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or ohfigation to defend, prosecute or continue (]ny litigalion. 7. DETERMINATION, EXTENT OF UABILI'J'( AND COINSURANCE. This policy is a contrad of indemnity against adual monetary Jess or damage sustained er incurred by the insured claimant who has suffered Joss al damage by reason of matters insured against by this policy nod only to the extant herein described. Ca) The liability of the Company under lhis policy shall not exceed the least of: (i) the Amount of lesurance stated in Schedule A; aL (ii) the difference between the value of the insured estate or interest as insured nod the value of the insured estate or interest sohjed Io the defect, lien or encumbrance insured against by this policy. Ch) In the event the Amouat of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the voice of the insured estate al interest or the full consideration paid for the estate or interest, whichever is less, or if subsequent to the Date of Policy an improvement is eroded on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this Policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the propodion that the amount of insurance at Dale of Policy hears to the total value of the insured estate or interest at Date of Policy; or (ii) where o subsequent improvement has been made, as to any partial loss, the Company shall only Day the loss nco rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A hears Io the sum of the Amount of insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shell eot apply to costs, attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply 1o that go~tion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. Cc) The Company will pay only those cost& attorney's fees and expenses incurred in accordance with Sedion 4 of these Conditions and Stipulations. 8. APPORTIONMENT. If the land described iff Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or mole of the parcels but not all, the loss shall be computed and settled on a pro rata basis us if the amount of insurance under this policy was divided pro rata es to the value on Dote of Policy of each sepalate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an expless statemenl al by an endorsement attached to this policy. 9. LIMITATION OF LIABIUff. Ca) If the Company establishes the title, or removes the alleged defect, lien al encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigatiou and the completion of any appeals therefrom, it shall have fully performed its obligations with resped to that matter and shall not be liable for any loss or damage caused thereby. Cb) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liabilily for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, odveme to the title as insured. Cc) The Company shall not he liable for loss or damage to any insured for liabilily voluntarily assumed hy the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABIUIY. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro fanta. 11. LIABIU'ff NONCUMU!.ATIVE. It is expressly understood that the amount of insurance under this policy shaft be reduced by any emounf the Company may pay 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 hereafter executed by on insured end which is a charge or lien on lhe estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS. Ca) No payment shod be made without producing this policy for endorsement o[ the payment unless the policy has been lost or destloyed, in which case proof of loss or destrudion shall be furnished to the satisfaction of the Company. Ch) When liability an extent of loss or damage has been definitely fixed il accordance with these Conditions and Stipulations, the loss or damage shall be pnynhl, within 30 days thereafter. 13. SUBROGATION UPON PAYMENTOR SEITLEMENT. Co) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right o subrogation shall vest Jn the Company unaffeded by any act of the insured claimant. The Company shall he suhrogated to and he entitled to all rights and remedies which th( insured claimant would have hnd against any poison al property in respect to the claim hal this policy not been issued. If requested by the Company, the insured claimant shall transfe to the Company all righls and remedies against any person or ploperty necessary in older h perfect this righl of seblogation. The insuled claimant shall permit the Company to sue compromise or settle in the name of Um insured claimant and to ose lhe name of the insure( claimant in any transection al liggagon involving these rights or remedies If a payment on account of a claim does not fully cover the loss of the insured claimant the Company shall be subrognted fo these rights and remedies in the proportion which th~ Company's payment hears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shal not void lhis policy, bat tho Company, in lhat event, shall be required to pay only that part o any losses insured against by this policy which shall exceed the amount, if any, lost to fh~ Company by reason of the impairment hy the insured claimant of the Company's right o subrogation. Cb) The Comport,Jo Rights Against Naa-insured Obligors. The Company's right of subrogation against non-insured obligors shall exist and shal include, without limitation, the rights of the insured to indemnities, guaranties, other polide~ of insurance or bonds, notwithstanding any terms or conditions contained in thos~ instluments which provide for suhrogetion lights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, either the Company or the insured may domain arbitration pursuant to the litle Insurance Athitration Rules of the American Arhitratim Association. Arbitrable maHem may include, but are not limited to, any controversy or clain helween the Company and the insured arising nut of or relating to this policy, any service o the Company in connection with its issuance or the breach of a pobcy provision or othe obligalion. All arhitlahle mattels` when the Amount of Insurance is $1,000,000 or less shal be arbitrated at the option of either the Company or the insured. All arhilrable matters whel the Amount of Insurance is in excess of 51,000,000 shaft he arbitrated only when agreed t( by both the Company and the insured. Arbitration pursuant to this policy and under the Rule in effect on the date the demand for arbitration is made or, at the option of the insured, ti' Rules in effect at Date of Policy shall be binding upon the parties. The award may inciud~ attorneys' fees only if the laws of the state in which the land is located pelmit a court h award attorneys' fees to a prevailing party. Judgment upon the award rendered by th~ Athittator(s) may he entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Tide Insuranct Arbitration Rules. A copy of fha Rules may he obtained from the Company opon request. 15. UABILI?/LIMITED TO THIS POLICY; POLiCY ENTIRE CONTRACT. Ca) This policy together with all endorsements, if any, attached hereto by the Compan! is the entire policy and contract between the insured and the Company. In intefpreting on! provision of this policy, this policy shall he construed as a whole. Cb) Any claim of loss or damage, whether or not based on negligence, and which alisel out of the status of lhe title to tho estate or interest covered hereby or by any action assedinl such claim, shall be restricted to this policy. Cc) No amendment of or endorsement to this policy can he mode except by a wlitin~ endorsed hereon or atieched hereto signed by either the President, a Vice President, tht Secretary, on Assistant Secretary, or validating officer or outhorieed signatocy of the Company 16. SEVERABJLff'(. In the event any provision of the policy is held invalid or unenforceable under applicahh law, the policy shall he deemed not to include that plovision and all other provisions shal remain in full force and effect 17. NOTICES, WHERE SENT. All notices reqoired to he given the Company and any statement in writing required to hi furnished the Company shell include the number of this poticy and shell he addressed to th~ Company at 300 East 42nd Streeh New York, New York 10017 STEWART TITLE® STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 S T EWAR~_V TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 STEWART TITLE® POLICY OF TITLE INSURANCE STEWART TITLE® 300 East 42nd Street New York, New York 10017 N Y S A G & M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS We, as Co-Executors of the Estate of Alice Grattan Duffy, are the owners of 7.13 acres of active farmland and/or _--k ¢ acres of non-farmland, situated at Suffolk County Tax Map No 1000-63-2-6 and, 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, I 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. Pr~act Sponsor Landowners -~ OWN OF SOUTHOLD By: /Joshua Y. Horton, Supervisor / 53095 Route 25 ,/ PO. Box 1179 Southold, NY 11971-0959 (631)765-1889 THE ESTATE OF ALICE GRATTAN DUFFY By: y, Co-Exe< BY'~XA-Iice M. ' ' Co-Executor - STATE OF NEW YORK ) COUNTY OF SUFFOLK ) )SS: On the day of ,2004, before me personally appeared JOSHUA Y. HORTON, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. Notary Public STATE OF NEW YORK ) )SS; COUNTY OF SUFFOLK ) On the ~ day P~--~,~.~,, 2004, before me personally appeared EUGENE O. DUFFY, personally known to me o~: Crovided 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/~ same in his capacity as owner of the subject premises; and that 'by his signature on ],t'fe ~strument, the individual, or the persons upon behalf of which ~he individual acte~ed the~strument. ~0~ STATE OF NEW YORK ) )SS: COUNTY SUffOlK On the ?/~ day ~, 2004, before me personally appeared ALICE M. GRANT, personally known t~ m~ or p~ovided to me on the basis of satisfactoq 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 as owner of the subject premises; and that by her signatu~on the instrument, the individual, or the persons upon behalf of which the individ~executed the instrument. ¢omOSsl P R O P E R T Y R E C O R D S PLANANNG BOARD M~MBERs JERI'LYI~ B. WOODHOUSE Cha/r HICI-L~RD CAGGIA~O PLANN~G BOARD OFFICE TOWN OF SOUTHOLD P.O. Box 1179 Town HaH, 53095 State P~oute 25 $outhold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 September 14, 2004 Gary F. Olsen, Esq. P.O. Box 706 32495 Main Road Cutchogue, New York 11935-0706 Re; Proposed Set-Off and Lot Line Change for the Estate of Alice Duffy Located on the east side of Railroad Ave., 365.25 north of Hummel Ave,, in Southold SCTM#1000-63-2-5 & 6 Zone: R-40 Dear Mr, Olsen: The Southold Town Planning Board, at a meeting held on Monday, September 13, 2004, adopted the.following resolutions: WHEREAS, this proposal is to set off a .93 acre improved lot from a 8.15 acre parce[; and WHEREAS, in addition, a lot line change is proposed to transfer .09 acres from SCTM# 1000-63-2-6 to SCTM#1000-63-2-5 and, following the transfer, SCTM#1000-63-2-5 will equal .502 acres; and WHEREAS, the Town of Southold is in contract to purchase Development Rights on 7.13 acres of the 8.15 acre parcel; therefore be it RESOLVED, that due to a delay of the submission of additional plats approved by the Suffolk County Department of Health, the required time frame to file the resolution with the Town Clerk has expired and therefore, the Southold Town Planning Board rescinds the August 9, 2004 resolution; and be it further RESOLVED, that the applicant has submitted the required additional plats and, therefore, the Southold Town Planning Board grants final approval on the plat, dated as last revised January 27, 2004, and authorizes the Chairperson to sign the plats. Estate of Alice Duffy - Paqe Two - 9/14/04 Enclosed please find a copy of the map that was endorsed by the Chairperson. The mylar maps, which were also endorsed by the Chairperson, must be picked up at this office and filed in the Office of the County Clerk. Any plat not so filed or recorded within sixty (60) days ofthe date of final approval shall become null and void. In addition, the Planning Board requires that new deeds refle~ng the lot line change be flied with the O~fice o[ the Suffolk County Clerk and, upon filing, a filed copy must be subm[ttedto this office. Please contact this office if you have any questions regarding the above. Very truly yours, Chairperson CC: Melissa Spiro, Land Preservation Coordinator Tax Assessors Building Dept. KEY MAP 7 "~600' SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. File View Toolbar Help 63.-2-6.2 473889 Sauth~id Active R,,~l ,uhuul Southold School Founde[s Landing Vme?ard LLCRollYear: 2007 Cu[~ Y[ Land [ights Land A"¢': g00 Boi~seau Ave Lar, d Size: 7 13 ac[es Total AV: 900 Owne[ To~.d: I Taxable Value Miscellaneou~ Name: Founde[s Landing Vinepard LLC I~o1.11~: 900 Book: 1 Addl Ad*~: Muni: 900 Page: 575 Street S eho,:~l: 980 Mortg F'O B,:,>: 931 BarS= E;it,,: Remsenbu[g. NY Zip: 11960 Schla~_r =,ta~ 9D8 A:ctNo' Sale Total 3 Site 1 of 1 Land O of O B~oL Page >,=to [ d[~ .~dl~ Pn,_~ Owner Prpcb: Land dghts 12362 575 11/23/04 170.500Founders Landir NbhdCd:O 12359 554 11/18/84 1 G[attan Buttv. A Sewer: 12348 859 09/24/04 1 Duffu. [uqene [ *Water: IJtilities: Exemption Total: 8 Term Own Building Total: Code ,&,mour~t~"-~a Pot Special Distdct Tc,(al: 4 Value/ Improvement Total: 0 Code Units Pct ~. p. Move Ta',< Type Name D~rnl Din~2 SQFT Yr Built FD028 Southold FD .OO .00 .00 PK070 Sou~hold Pa[~ .00 .00 .00 473889 SOUTHOLD NYSRPS ASSESSMENT INQUIRY SCHOOL SOUTHOLD SCHOOL PRCLS 130 MUCKLANDS 63.-2-6 1135 BOISSEAU AVE WNER & MAILING INFO ===I=MISC FY ALICE GRATTAN IRS-SS 0 YOUNGS AVENUE 1 SOUTHOLD NY 11971 BANK DATE : 08/11/2004 ROLL SEC TAXABLE TOTAL RES SITE TOTAL COM SITE ACCT NO 08 I======== ====== ASSESSMENT DATA =========== I **CURRENT** RES PERCENT ILAND 3,200 **TAXABLE** ITOTAL 6,100 COUNTY 1,200 **PRIOR** TOWN 1,200 ~LAND 3,200 SCHOOL 6,100 ITOTAL 6,100 ==DIMENSIONS ===1======= SALES INFORMATION ================================== ACRES 8.15 IBOOK 11782 SALE DATE 05/20/96 SALE PRICE 97,500 IPAGE 908 PR OWNER GRATTAN JEROME F & =======TOTAL EXEMPTIONS 2 =============1== TOTAL SPECIAL DISTRICTS 4 ===== PCT PCT TYPE VALUE CODE AMOUNT INIT TERM 41854 920 99 41101 4,900 01 VLG HC OWN CODE UNITS IFD028 IPK070 IWW020 ISW011 Fl=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=GO TO INVENTORY F9=GO TO XREF F10=GO TO MENU 2 0 0 1 A E R I A L 2 0 0 3 P H O T O S I I I I I I I I I I I I I SUBJECT PHOTOGRAPHS View of Subject - Facing Westerly View Southerly Along Boisseau Avenue Year 2003 ~_GIVEN '/0^ 2 0 0 4 P H O T O S a rx 600' into property, facing east 1000-63-2-6 DUFFY Property - photo taken from concrete monument pp ....... ~.v~_. ~ ....... ~ .... DUFFY Property - photo taken from concrete monument apprx 600 ft into property, facing southeasterly 63~2~6 DUFF¥ P~operty - photo taken from Youngs Ave, Southold facing easterly 1000-63-2-6 DUFF¥ Pr0pert¥ ~hOto taken from COnCrete monument at southeast corner along Boisseau Ave: Southo!d; faCi~g west S U R V E Y AUG - 5 2004 FINAL SURVEY 055 05 17 KEY MAP 1"=600' N/F SUFFOLK HOSTELS SURVEY OF DUFFY SET-OFF & LOT LINE CHANCE SITUATE SOUTHOLD, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. OR 8059 ACRES GUARANTEED TO: ESTATE OF ALICE DUFF'/ TOWN OF SOUTHOLD SURVEYED FOR: ESTATE OF ALICE DUFF'( SURVEYED BY STANLEY J. ISAKSEN, JR. P,O, BOX 294 NEW SU, N.Y, 1195 Dc. No 49275 03C1245