The URL can be used to link to this page

Home My WebLink AboutConway Estate ~ y~S~~FOt~-~o G~~ ~ = 1000-54-7-21.7 0 ~ (f/k/a 1000-54-7-p/o 21.4) ,f,~ ~ Baseline Documentation Premises: 4395 Horton Lane Southold, New York • 28.9932 acres Development Rights Easement CONWAY ESTATE (Julia D. & Robert M. Conway) to TOWN OF SOUTHOLD Easement dated August 3, 2011 Recorded August 16, 2011 • Suffolk County Clerk - Liber D00012668, Page 570 SCTM 1000-54-7-21.7 (f/Wa 1000-54-7-p/o 21.4) Premises: 4395 Horton Lane Hamlet: Southold Purchase Price: $1,812,075 (28.9932 buildable acres @ $62,500/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 30.8297 acres Development Rights: 28.9932 easement acres Reserved Area: 1.8365 acre (so,ooo sq. ft.) Zoned: A-C Existing Improvements: In June 2011 - Within Easement Area: Farm field, some woods in northeasterly corner; 3 framed storage buildings with irrigation pump Within Reserved Area: Residential two story framed home; framed two car garage; two framed barns; two small sheds • • DESCRIPTION LAND The property is irregular in shape having an easterly border of 2,484±' with 1,460±'of non-contiguous frontage along the westerly side of Horton Lane, a westerly border of 2,250±', a northerly border of 531 t', and a southerly border of 918±', for a total area of 34.00± acres. Although irregular, the property has a useable overall shape and is typical for the area. The land is mostly cleared and is at or near road grade. The above dimensions were taken from the Suffolk County Tax Map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along Horton Lane which is a two- • way, two-lane, publicly maintained, macadam paved road. Public water is not available in this area. Water supply is generally provided via on site wells. According to F.E.M.A. Flood Insurance Rate Map dated May 4, 1998 panel number 0154G, the subject is located in zone X (not a flood zone area). • GIVEN AS SOEIAtES • DESCRIPTION (CONTINUED IMPROVEMENTS The subject is improved with a 1,800± SF residence, and accessory storage structures (barns). The improvements are considered to be in fair to poor condition. We were unable to conduct a full interior inspection of the improvements. • • GIVEN RSSOCIRiES A • p P R A I S A L ~ M O T I O N • • LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, October 27, 2009 at 7:00 p.m. Members Present: John Sepenoski, Chairman Chris Baiz, Eric Keil Lillian Ball Ray Huntington Members Absent: Maureen Cullinane, Monica Harbes Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary AI Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust Tim Canfield, Peconic Land Trust (7:45pm-9:35pm) Commencement: • The meeting began at 7:25 p.m. with five LPC members present. EXCERPT FROM ADPOPTED 10/27/2009 LPC MEETING MINUTES • Applications and Inquiries: • CONWAY (Estate of Julia) PROPERTY SCTM 1000-54-7-21.1 Offered: dev rights Location: 4395 Hortons La, Southold Zoned: AC, R-40 (0.26 acre) Total Acreage: 34 acres (GPS 33.86) CPF: Yes Subdividable: Yes FWet: 0.52 acre John Sepenoski, LPC Chairman, was not present for a discussion of this project due to a family relationship. Stephen Searl (PLT) presented information re: potential PDR Stephen Searl presented a proposed project on land owned by the Estate of Julia Conway. Heirs have contacted Peconic Land Trust, Inc. with the purpose of preservation of the farm with the sale of the development rights and outright sale of fee title. Property includes a farmhouse and several barns and ag structures. Land has been planted in sod for the past 5 to 8 years. This project may be a candidate for the Town's $4 million bond program. PLT has ordered an appraisal to consider a potential purchase of fee title to the farm, selling the development rights to the Town. MOTION made by Lillian Ball, seconded by Eric Keil, to direct Melissa Spiro to commission an appraisal for fee title and development rights easement values on property owned by the Estate of Julia Conway. Property restrictions, if any, will be discuss at a later date and any such restrictions imposed that will affect the value of the property, will be subject to appraisal revisions. Motion carried: 4/0 (John Sepenoski not present for vote) • P ~ R O P E R T Y V ~ I S U A L S ' SUBJECT PHOTOGRAPHS . ''~4 ; - - f f ' F 3 a~ Y N.... 1 ~ er 4 ' I 3 lt` ~ z y ~ 1 ~ 4 h ~t Y iyw, t' l _ _ _J.- y ~-y~~~a •y~~JH.F'~'.i ~f~'~~i III-. ~ ~ ~.y~ i'1 ! ~,}'e" A~ ? .e a Y ~M4yf. ~,r R~ K t7t~ _ ~ AYp w f 1 rk}'! 'M ~-M_ , y~~:~F.~+~~'~ w{ r ~ 1 z &ri h~~w `$7~rf 4"+'~~t `"d sf~.4;. ate'' .?•r j '4f`{' .y,~~ .i."i,~.7~;~,."'y ~`erf 't:~ ",y y ~u.IM'r~t J ` "P 3 3 ~ - 5~~r-~Mr?,~~+„~ S. ` '+i~, > -..y ~ ,~i~,~y. + Y~r Y~ F ~ ~~yf' t' k1A i ~ «+-r,i 'i, ~ .rrA~'F~' .r"' , j,•s r - l~.tR- 7 t"~, ~4. r; .ti# u,,, y,~ ~ ,c ! .:r . ai!~ ? a . ' 1i'`r"a • d~ .,iL~ ~ 5c~~ t .-.c! ~ Sr as~ ~~r: c~T~7M": _ ,f'1!'~ ":,+Ar~` r Y'~~ V1~111t utl- 1iFi[,iafY ! F~CiFi i II.JI°J v<; 1 c. ~ ~ ~ _ II A ~e~,t . t ADDITIONAL VIEW OF VACANT PORTION ,J GIVEN A S S O C I A i E 5 ' SUBJECT PHOTOGRAPHS ' 3k. ~ u t.. 1 ~ ~ ~ ~,y[~ ~ ~ ~ t T ~ 'r ~ r~ ? ro i' ~ ~ ' VIEW OF RESIDENTIAL STRUCTURE f may. r+~~" ~ I~1~' ~ ~ ~ \ ~ ~1 ~ c _ r, . r! I~ ~ ~ ; ~ p,,,w i ;'*'F - -~a;6 rr _ _ a ~f~~ ~.R«N~' , _ r, ` y "'x,; - ~ . a ~ x'~ • VIEW OF ACCESSORY STRUCTURES ~ GIVEN A S S O C I A T E S SUBJECT PHOTOGRAPHS t _ . fir! ~,~1, _ ' ~I ~ f, ,J~. ~ ~ ~ t ~ f ~ r .~t'' 7 ~ 11 r~yit~. ~gw`',.:.. 'i'ce r.. W » 1 4 Y - f rW..aw. a y -aM•.. • ' STREET SCENE FACING SOUTH ALONG NORTON LANE 't ~ - { . ,"1~ ~~i ~ 7, y Y~ . r , f~°"- * ',fr~ ~ ~ ~ sic i . ~ 1~ rF 4 ,Sr'~i ti ~ j~ ` r-' t Eat ~ f~'i~~', l s ' L;: fI ~ ~!'py}.~'~y,-'` .tw 'b, N it NY T r i p '~r ~ f~ r , r + r . . ~ y, • ~ ~I C;.. Lam. h R T~~. ~ - i Hwy! ,~r`` may, ~ r rd . • s a r,:. STREET SCENE FACING NORTH ALONG NORTON LANE r ~ GIVEN associar[s au - xz +Le 5 13VC1 ~ It _ i a +ti ~ zc.s Z. a.aucl ry O w d vaw u• mn,va 4+a +w ~ t B + rcvuo-nevi namv ` s + Spy r t O ~ y ? \ + ~ a.~ q'kr + ? ~ e.aml ~r r i ~ ~ + \ 0j o ~+q'? L'4'' a ~++'R~rI ~ ~ I G )J I <S . " ~~Q N z 2 +I s J \ r +f ~y . +p +~ql 12 ~ '4 ~ v ~ 's . eJ yS ,t+~ y +qz ai3 qo ` A 4 ~ S`~ J 4 z~! F 1 I ' ~S y., y~i F a1J j; + O M ei T~ ~!j b o~ t~+r ~ ao II.1 ~ ` 4J ' aa..n ? 9aoucl ~ raw a saurxno 4 yy 4T 1 alr i.911c1 T ai ~ a16 vI b rm vn. w. i nw szc stc. w. z.nml M9-o9-azes 8 x MIrCX tl( _ 1 ~ ~ Tax Map Location 1 1 , o R 'iE N m ~ ~ o e a 1 ~ \ _ 5 ~ l~~ F. ~ ~ ~ ~H PGy~ _ ~ ~ y - ~ 1~ Uv PO \ ~ OHO a ~ ~ \ vo ~ F r 1 ¦ _ y ~ ~ ~ B r, RO Eb 1\ - ~ n ~ Zoning Map 97 E ~ N V I R O N M E N ~ T A L S U M M A R • y ~1 PHASE I ONMENTAL SITE ASSESSMENT • for the property located at: 4 3 9 5 Horton Lane Southold, New York 119 71 Tax Map No. 1000-54-07-21.1 (portion of) prepared for: Town of Southold Department of Land Preservation ~ P.O. Box 1179 Southold, New York 11971-0959 prepared by: Cashin Tec ca ervices, Inc. Engineering • Pl n • Co traction Management 1200 Veterans Memorial ig a ew York 11788 - (631) 348-7600 DECEMBER 13, 201 DEC 15 2010 DEPT.OF LAND R SE VAT i;,~ 6 y 1 ~ 1;'311 n a" ~ PHASE I ENVIRONMENTAL SITE ASSESSMENT . FOR THE PROPERTY LOCATED AT: 4395 HORTON LANE SOUTHOLD, NEW YORK 11971 TAX MAP NO. 1000-54-07-21.1 (portion ot) EXECUTIVE SUMMARY Cashin Technical Services, Inc. (CTS) has performed an evaluation of the parcel identified on the Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Number 1000-54-07-21.1 (portion of) in accordance with the American Society for Testing and Materials (ASTM) E 1527-05, Standazd Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. CTS was authorized by the Town of Southold Department of Land Preservation to conduct this assessment in correspondence dated November 12, 2010. The subject property is an approximately 31-acre portion of Lot 21.1, which is approximately 34 acres in size. The un-included 3-acre portion of the lot is woodland and cleared land at the northwest end of the property. The subject property is primarily comprised of an active sod farm, with Briarcliff Sod renting the farmland from the current property owner, Mr. Joseph Conway. The sod field is relatively level, with a slight incline at the northwest end. At the time of inspection, the field contained an aboveground irrigation piping system along the western boundary, and a goose hunting pit (plywood box set into the ground at grade), near the western • boundary. Cashin Associates, P.C. Engineering Planning Construction Management 1 l.i ~ I~ ;'i"lie southeastern portion of the property along Horton Lane contains eight (8) currently un- occupied structures, as follows: The Main House is awood-framed, two-story residential dwelling with a basement and crawl ' space(s). The house currently utilizes oil for heating purposes, is serviced by the municipal water ,6~:. ,supply company, and utilizes on-site septic system components (two cesspools/leaching pools) for the handling of sanitary waste. A new (installed 2010) 275-gallon heating oil aboveground storage tank (AST) is located in the basement. The Former Pump House is a small, wooden, empty, shed-like structure with cedar shingle siding and asphalt roof shingles located just outside the main house to the north. According to the owner, the former groundwater supply well components located below/within this structure were removed. Additionally, a 550-gallon heating oil underground storage tank (UST) has been i properly closed/abandoned (in 2010) at the eastern exterior of this structure. I The Gara>?e is an empty, wood-framed structure with wood siding, concrete flooring and asphalt I E roof shingles. The Main Barn is a wooden structure with wood siding, concrete flooring and asphalt roof shingles. This structure features some fiberboard interior walling (also present in Western Shed), a coal stove and chimney, and a workshop. The workshop contains wood, tools, equipment, work benches, table saws, drums of sawdust, and small-quantity containers of such materials as wood filler, plugging cement, paint, wood screw, caulk and silicone spray. A coal storage bin is located along the western exterior. • 3 1 Cashin Associates, P. C. Engineering Planning Construction Management "e Second Barn is a wooden structure with wood siding, asphalt roof shingles, and a brick and k . °~ement foundation, with open ground flooring. This structure is used for storage of such ~aterials as wood, tools, equipment, workshop materials, ladders, saws, shovels and plastic a.;;' containers of road salt. r t f,~i' . .The Western Shed is a wooden structure with wood siding and asphalt shingles on the roof and +aTx., some exterior walls. The interior features wood plank flooring and fiberboard walling and ceiling (with water damage and mold). The Middle Shed is a wooden structure with wood siding, asphalt roof shingles, and open ground flooring. Oil staining was apparent on the ground along the eastern exterior of the structure. The owner reported that this oil staining is from a diesel pump engine formerly located in that spot. The Well House is a wooden structure with wood siding and asphalt shingles on the roof and exterior walls. This structure is built above the irrigation well for the property. The interior features the well pump head and related machinery on concrete and open ground flooring, with some oil staining observed (on concrete). A 275-gallon diesel fuel AST is located along the eastern exterior. The owner reported that this fuel is used to power the pump engine, which is 5 brought on site by the sod company when needed. CTS accessed the subject property from Horton Lane, a paved roadway which serves as the eastern boundary of the farm property. Adjacent properties consist.of: woodland and residential properties and dwellings along Horton Lane to the north; residential properties and dwellings and agricultural land across Horton Lane to the east; residential properties and dwellings and agricultural land to the south; and vineyards and woodland to the west. • Cashin Associates, P. C. Engineering Planning Construction Management ~a~' ate review of the historical data for the past 72 yeazs revealed that the subject property has been s:=' i~ use for agricultural purposes (planting fields) since before 1938. The property owner, Mr. Joseph Conway, reported to CTS that his family has owned the property/farm since ;approximately 1956, and that historically they grew potatoes, cauliflower, cabbage, tomatoes, wheat and other crops. Mr. Conway reported that Briarcliff Sod has rented the property as a sod farm for the last 5-6 years. Some of the currently existing on-site structures appear to date back to at least 1938. The subject property was not listed in any of the reviewed environmental regulatory databases. CTS' investigation found no evidence that facilities/properties in the surrounding azea have • negatively affected conditions at the subject property. The results of the investigation found the following potential recognized environmental conditions associated with the subject property: M 5 Current and Historic Agricultural Use: Due to the current and longtime historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. The property owner reported that the sod company currently utilizes herbicide for weed control. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural • CasF,in Associates, P.C. Engineering Planning Construction Management Y~ f.. Site specific investigation, including sampling of soils and groundwater, would be needed to kS rv, t~etermine if long-term agricultural use has affected soils and possibly groundwater at the site. , ('round Staining Pump Machinery AST at Sheds: During the site inspection, oil staining ~~;"vas apparent on the ground along the eastern exterior of the Middle Shed. The owner reported , 'that this oil staining (few square feet in size) is from a diesel pump engine formerly located in that spot. The Well House is built above the irrigation well for the property. The interior features the well pump head and related machinery on concrete and open ground flooring, with some oil staining observed (on concrete). A 275-gallon diesel fuel AST is located on railroad ties (above open ground) along the eastern exterior of the Well House. The owner reported that this fuel is used to power an irrigation well pump engine, which is brought on site by the sod company when • needed. The ground staining described above is evidence of past releases, the pump machinery has the potential for release, and the AST location has the potential for spillage to open ground. As such, CTS recommends that surficial and shallow soil sampling be performed in the area of observable ground staining at -the Middle Shed, within the Well House, and around the diesel fuel AST 'c outdoor location in order to check for possible shallow soil contamination in these areas. Any contaminated soil which may be found must be properly removed from site and disposed of by a qualified contractor. Soil remediation of this type would be performed under the supervision of the SCDHS and the NYSDEC, and would be subject to any sampling requirements of the Departments. • Cashin Associates, P. C. Engineering Planning Construction Management ,AGlosed/Abandoned UST: A 550-gallon heating oil underground storage tank (UST) has been properly closed/abandoned (in 2010) at the eastern exterior of the Former Pump House. The tank closure documents provided by the owner state and certify the proper (as per all NYSDEC and SCHD recommendations) tank abandonment, including tank pump out, removal of aboveground piping, internal tank cleaning, and filling with two-part urethane expansion foam. The 4! documentation regarding this tank closure is provided in Appendix XI. These documents also state that prior leaks cannot be detected by this abandonment procedure, and that proper abandonment does not protect against leaks occurring prior to abandonment. As such, CTS recommends that subsurface soil borings and sampling be performed azound the UST location in order to check for evidence of residual subsurface soil contamination from possible tank leakage prior to proper abandonment. Any contaminated soil which may be found must be properly • removed from site and disposed of by a qualified contractor. Soil remediation of this type would be performed under the supervision of the SCDHS and the NYSDEC, and would be subject to any sampling requirements of the Departments. Sampled and Potential Asbestos Containing Materials (AGMs): A NYSDOL-licensed asbestos inspector from CTS collected five (5) bulk samples of potential ACM during the site k inspection (see Section 3.5.3). The laboratory analytical results for these samples found the following: all sampled materials were found to have No Asbestos Detected, except for the Main House Siding Shingle, which was found to contain 20% asbestos. This material, which was found to be positive for asbestos content and is considered ACM, must be properly removed and disposed of as ACM by a qualified, licensed asbestos abatement contractor prior to any . renovation and demolition work affecting this material. Cashin Associates, P.C. Engineering Planning Construction Management ~ v e active oil burner within the Main House basement is also suspected of containing potential ,,.r. ~CMs. The original age of the subject buildings indicates that additional potential ACM may be 'resent in older, interior and exterior, exposed and unexposed building materials and ",.,,components. As such, CTS recommends that a comprehensive asbestos survey be performed '',prior to any renovation or demolition activities in order to accurately identify the presence of -.ACM that may be impacted by such actions. Any confirmed ACM that will be impacted must first be properly removed and disposed of by a qualified, licensed asbestos abatement contractor. Water Supuly Well Abandonment: The Well House is built above the irrigation well for the property. The interior features the well pump head and related machinery. The NYSDEC Division of Water recommends that any out-of--use private drinking water supply wells be properly decommissioned. As such, if the use of this existing well is not required for the planned future use of the site, CTS recommends that this water supply well be properly decommissioned by a qualified contractor. The NYSDEC provides guidelines/recommendations for such well decommissioning activities. A copy of these recommendations is provided as an Appendix to this 4 report. Cashin Associates, P. C. Engineering Planning Construction Management - s, „ ' s'p°' mu~~~ +t to ra ak." s~~~ ~ xN F~'A^::We 4 H~.~ 2 'Gist Pnk~ ~ ~ ~)i6~~~. w A - e~ Fi`- - i/ x~ b ~ ~ a ~ u/~~ t Q - r~ ~ ICI yyoL \ _ 2' ~ O ~j ` 'Lv r / '~~E~ 9j. A /h / ' ~ ~t ~ a ~ i ; ~ I' !(~q e fit: °~M o / xv' t- dl 'Am ~ _ . r ~ . - ' ~ ~ i 6 b ~ ~ ~ Y ~ S u_ q ~(1~ 9 81~ ~ enr. ` ~x , ~ ~ _ ' .r ~ ~ y Y 0t; Sout6olJ m e + r6LJ i 25 HigF tieh ~ i~ ~ N`E :rt ~ ti; toy Cem// i ~ sr New York State Department of Transportation Southo/d Quadrang/e New York - Suffo/k Co. 7.5 Minute Series 1991 Digital Edition Sca/e 1:24000 4 r Jzis r h ~r r~ 1 S a F r,},s aa' tl~~ T° A~36>iF~+"'v, vn- „mkt x.M f 1 e t. a L ,x ,gy`p' ~ ~-,R. tF , +$r w'. f' ' ,n ~ ~ 1 ~ ~ ` ~ 5 Id ~ r v4'd N ~ 1~ ~P . nA 1 a Y y4 1 x s~ r ^ d i `w s ~n~ta~' ~S ° wr'i1L4d ~ 9 yi ~ tY :z ~ ~o R..~ { ,37d i ~~X YAlr y ,.~•4,I.61 x ° ~ v.wrf `'LJ,ar~ ~A ~aa~ . _ PRn. '^k ~ rc 5~' ii _ '+~y, ~'s. n ~ P&.~~1,+~9~+t,~t s~~~ i~~ ~ 2f'S:~ Ys' ~>~~I' a° 1' r >•c ~r 5 t Y iPE ^uxa ye~*~kk. i 1 h la , s-g'~ ` K L! +r p{ ' Jf °q, v . i &J~ Y~ i++"tu'"'~^~F r~; n'~ Yy d w~a xarg 'h yrr . ^fif~ r ~ y r`"''"'~' ,~yb' '^+3 1'µi° +S' u}~~r 6 ~ ~ 1 \ r a~ 1 1 hf xtS+,,, ~yy?~a~m°E~~~.en$.W~~~s ~Y"~ Rr, l ,h r.ea`~y„+Y`r A ~ ! , ~ t~`4P~k ,ry~t„'u"`t~'i A4 ~,r#'1~~~ r tid4 ~,r ~d x 11~^., ea.rrd~~~~~ ~ pf br' r r.l- yn' n ,x,~,. ~ i swb a r ~ i ~ ~ t r i '+'SI 'd1~f ~ -et Y Y5~ yk 4 H •rYl Y 1 r 1 +m, 1 .3 M1F 1~4 OWW+Jy!" 12k2 a ~.l` r~ 'l.< ~r^-I~C,!u` e .A f f r d -c°, r, ~c r.*A'r ~ ^ ~ru~l i' J a ~'y~t ~ r 1 'v i ~ f i t ~ X t o f y f~~,{ '"4 'b~~'y'e ~f~~ iN`$n~~+~~~4. u t ~ aPoit~ `4~L• 1 % r f ^ C 1 6 d t h i - Y u o fa In~A A~u ~ V~ ~ a. ~s~ -;~~wi~" kr ~ ti'1. 4„~e " q' x d a ~ s, C^ri, a~'q"mp~~'~ ~ u ~ y+A F•1„ fib 4 ~•~~v di A ° .n r tc,~ #'i~.~rt"t~ry~~~ ~ '-•1-' ~ ` Y1 pp~v., ' ,K'1 Yj4~y.z ~ ~ t M ~°'E; r 1 t ~ j M 1Ja~Y v4 ~ 1'A n8"~f~tJ~'~\Fl~~~°,tiy°w~~r`~~ b + r ~ a +y+t 1 ~ ! y,.~.6zU a ~ °re Oi s2.f "~~fn°"~l ~K~° rn ~;r i = same 4g o- 1 Aux Imo °ta ~ h ~ v,e + r.~~° 4' ~"?9z'] v ~ , 4 ; a PI~~ h ~•`,,•t'i('' 'a,~v~f"%Y$.'+~~ ~y"yay'~'f+ . w.. R ~ ~ ""~,p ~.cn~'"~"~~`"<'~ t t ~ LZ C"h9 GO'Ob~'lN1'JS 1 7 c R } } r „C;~ a '~~,s1+ ~ a( Wr,' _ ^.e' p ~a ~I~ ~ K' v i ~ ~a~~~Q~n , r f#~ ~ v:.y~ W. a/ g. ~ s~µ~ :i ' '~.n tiY~^^"~h~G~ ~r,,~~TT~~.p 7 v r' ) ~.d tl" n `4 r; y 1 rt v fgkr'l''x~~, j~in~ Y~ A c e k Y ~'"~'~x-~7`+'~'" '+:*`~t N _ / ~ 1 e+l ltyp. ~~t °p , y ~,,y +X.'>'s, w4+ rP~r k^ fi~'a, 'e ,e v ,.a v?tsar_€ xS+- xYFf'"'~~'~"~ ~id'°~'~.',3*~'Yw+~ ~ys>n*, ~ '~C,. + ~ 1 . ~ w , f ,,,°~3 F * ;,r"~y, ,...n ° /'3 t"C` YV` iiTIC ~K4Yf•^{-i~AYdJPI'v~~~ < d~l+ 1 r i~ f 'd ~ r.4d ~Y ~ ~ pd~"L~'~t "~var' h '""".uQ2Y~ S ~ 1 , a way.' ~?~.e+..~ 4 ~M! f s S I° { x" w ~n ~ y$Lref 4'4'+~~(~5t~j"r'h"'M~P~'r~~V~xm'S~ y'~,T~ ~ra.Y u,. ° ~~?x 1'f :r h 1Y e X ~n ° b~ft~ Y st t y'~s~.J~..'~Ij°T'7 y~.t4S,r~L~~.4~ ~1At.'d' >~~t 1~. ~)y Y c t ~4 r + ° t } t° r ~srrYn `I'mo, y, ' • _m V 4 ~ V J ~~~NTTT'h''i? A ~~y' ~`k.%x~ YI'a ~ w4: ~e ~i .u~ 1 h v , a ; y C"y' 4+ ~ J r ~T ~sri h wr r'~f'~"~?x.~ ~m F~ ~ ~ ~fifiai !'y`'~'', F1 YM1,;»`"~i`~'a~Yt p~^4gj~ ix i +.r'¢ d r i. d L~ ly ~ f r`M~g- M1.,^ r 1 .ltY fNl~ t ~ "1'~y _ # ~ i a• ..2v'}~~w-4 ~ ~s"'T„5~Y^ ~.z ~ r ~ n 'S ° Y ~1 ~41~'~~~'~r Y~~n'6' y ~ ,•s" ti v ~ "'S+'nr~ ~ Rx S'~ . y r f ~ r ;=--vlr w n .i `x al¢ ~ i , , e a ~4 i S ••~~~~fr r r, M Y 'a~~ rf e>w*'*~'y~ ,~s}(:'~S«d ~,J1' - Y fr +u~,. I ~ !'("s;ry ~y" t m ~y y h 1 rid >z.{~. R y .f' ~s. ~ ',1{~~{?~1~1xi ~'M,,~ 1 r. i.,[~4+'F 41d ~0.!Cj f A,t v e 1 t ~ '[~''~y+. 1 - ~~°^°iti f i`'-„F ~ C:d s ~1 mnl } F.~~%~,Np,~ pl~,+iJ". VT • ~n ~ y ~ 3+n h`'f`~{ ~p^ u r st'~ ~~~6'tl.~19 tY X~iA l s 2 i ti r~~e rL~aF A i r + fv~i4~ger a.~vp~~! ,~R% a ~ ~ P i r '1 ~k4 14z~~xd~ L# t~ +i~,y f `~.y.yY°Y~v ,y.~x f .n. ~'tif .y4 ~ jz H` C f 'a ~4"m"n t fi~~..~'i~~s°~ H,o-F~a br y'~~° r b Yy °b 6.~ yy ~ 4 y ''.rl a`v t k., ` } v ! r ,a FlY _ d~ .;IyiW~° .r~93g4+ 11?t,~~ti`., 11 rd -M'!; + rr 4v ~ 'S l7 '~rr?~,.. A~ +y ~ ~ Aby 'f 1Y`"ti~'~.1s,~I1~~At~i~a%xr ln}j'~ - ,Y~t~:..f ~ i Y1`"° ~ ;.vt .s rii ti~i rtvr 1'v `°~n 8lr vd g{ °+ti'~ „K a°.: a. s .>v x~~ 'y x` ; r~, Sa; } .,y }t r l~ r 1 } 3 ~ ,;4 r 3 R ; ~ "~tb ~a s~z~~y~ik - } !~'~r~/1/'s.t~' r~,p Y~C ~ e ~ '~+'p rf o r .rxy/'. p~ o i is z;; tr z " sr -'.r~',a`' h - ~~L y~: p},k,f:,~x;~aC ~a~,'.`.'e"~' t )~~111 r {~1~p1k31~~UC,v T`~,ls°~~ ~ f ~i~ a ,rr / ~E"{ u,u y'''Pt; w / r. :3 ~ ~u1r* ^`~m..+~~~'~r~; r ' x ""~fa~~''°~ t~~ y'~~~+4~ ~ QC~ .il~'~}.R5",~ S.ro- as f.,~. h afw Ya Irx rv' i% ° [ ~ R 7 +d 6 ~ ~b~e~ ?.r• yr"X ^4K. aw53~ '~l~M >ti a'S 4 u°e,, L'9 !n y,. .I < 9 N ° ~ ~~r r ~~a~.I~rt"Aqq M °dc"sWy d s ~a l ats ~ sue. i *~Y~sY ~ s % r r t~>x n., -y~r ti x ~ ~ ~ .aYfn :71:"~wfi?3~>w.#'~ ' p 'v 4~y`t~e#ipa'fyw "3T~'~~{,v s'~~~'i vC.,~554,`NS3 Y+S~. v'1.1~ti,. ,x 3+Rrr ~r ~vu;".~~xa5,0:/x. nM~a"WrrYa"S~'"a^', yb.~.~' ~;~,e!,Rh~ik. e+•. ifjRk~Y.~'d'.....; .X s}. _ n,,, 1 Mile Radius FIRSTSEAIZGH ASTM Map- NPL RCRACOR, STATE Sltes • ' i r, . , _ .i - _ ~ o - - Po -.1 ~ I ~~ad _ ~ ac; a ~ ~ ~ I P ~ by ~i „ '~y ~ t, _ artR ~ - , i~ ~ 1 i r ( oa °4s c ~ ~ Oii ~ ~"a~ ~ ~ ' ~ ~ %o ( ~ as 'v ~ ~ i N i C ~ . ~ 3v~`.' ~`i`/ ~ i~ _ ~ of F ~ ~ a a, ~ i _ r i ~ r1 ~ - ~ i~~ ~ ~ i n I ~t ~ ~ _ ~ , ~ nje R~ a ~ ~ ~ ~ , i ~ o _ ~ ~ ~~~5~'~ C 1 ~ ! ~ I 1 hOry V N Y, ~ ~ ~e~ ~ YR~ _ 'a~ ~ ~'o. c , ~o ~ as v~~~ ~ ~ ~,e~, p~ l ~ " wad e~ ~ ~ ' . or, ~ ~ tao~i i ; o ( ~ ~ , Jio~jfe ~ P ~ i .m n 4~ - d0. Ae O ~ ~ _ ~ i i ' ~4 ssK ~ ~ er Lan ~d ~ i I /f~ nary- ~ y~~' i ~ `CFO ~~'4°` .Jasnin att~` , ~,rrs a ~otir ~ , ~iglfthgnn C,A I .IOCke Cree_4~,Dr , ~ .E7 - --r f - ~ 'rC is I i I ilrs Snc n.,ri i i .axis i n~a~-;, enni i s.,,~.~ i ~i a~ i ni; Sri. i~ i ii s,~i~n~ .~~~i.~~„urn s~~i ii,~~,~~a,.~„~~.~.~,~ ie~,a ca,~~. ~~~ii, ~,a.~r...,_., i s ~ Photograph #9 - Vlew of Horton Lane ,;,E looking northwesT, subject property and s~s."~ structures on left- z ~ r„ ~ ~ is ` f ~ ~ y i. ,.i-: ~,~4; r.~r ; z { a N • ~ Photograph #2 -View of structures, including main house. from Horton Lane. ~w. ;L y. ~ s.: ~t ry N. l x ,T. _ - x. _ Photograph #3 -View of structures,. ~«a--~-- including main barn, from Horton Lane. e..Y " x.. , ~sa~ • ~ ~ r , i. r. " ~ yi ~ ~ ~ ,ba~ Pho4©graph #4 -View of sheds from Horton Lane. ~ :.S ; 4 RN F 4~' ...2'., t ~ .$aY' d _ 't 'L~ •,T _ m n it .a.t~. ~ ,dd * i ~ t 1 ~ ° t ~ ~ Photograph #5 - Vlew of subject sod farm ~ srcj looking southwest from Horton lane- t- ' ~k, ~ x. 3 , ~ , = b ~ , r,. 3 ~ ~ ~ 7 ~~i~,`"..~:~ Wke a a ey;r t .Photograph #6 - Vlew of goose hunting , pit an western portion of sod field. r~ ~i !~b ' r~$ l Y xt ~ * 1 "'ffffffiiiiii 45 r ~ u=. "T ~ ~7w,+4ID` i 3 ~ a ~ i • J ~ ~ ~ ~ bRg 6f I yyyy~~ `x31, E .fi • 5~ f ~ i tJ. ~j Y I T ~ Y. 4~F~`ft~ 'ytLA~ t ..I w e hog®graph ~#7 -View of goose hunting pit. „ _ .x e- w = 'k.,. i ~fra lz} y SE~j'"~q r ,~f ` tf¢~~~~K,. ~ '~3.'e~N A " ~ r~`~t~ TM L"~ad~~t ~ flak r G ~~f// L.`~~T +Y i! y~ 1b b ~ d -"'if.'-~r .~-~4 S~Va\, _ P^ R»~ fir, t.. y d . 91~g¢~ a $ r` ~ 3~hotograph #8 -View of aboveground s> alon southwest ' ~ a,j°,t ~ irrigation piping 9 boundary of property. ?'%K~ s' } P a: i. ~.l f ~ P9aogogoaph #9 -View of southwest boundary looking into northwest corner. 1 ye t a ~P 1 .E`T I n V~'y ti ry. a' XS''~ 1. Photograph #10 -View of sod field + z . ~ looking southeast toward structures- i; ; F, ~ r ~'~i, Photograph #11 -View of western shed with asphalt shingles on roof and exterior - +3 f'" ~ wall ~ t ~~x ~ a~ ~ 3~ r. J~~ r<~ y _ . n b~ L ~~S ~~t~ if ~ s t .t Y Si F ~ 'k N ~~„r t 1yg2, i,~. t ro.~ _ . ar _ q3: am,. I~Ye~lii'i ih `two ~xv v-`fiik „ $ ~ r ~i ~ ~ 114~r~4 i ~ III y ~ j rt: ~5 o ~p~ Y ~ S ' Photograph #12 - Vlew of water damage and mold on fiberboard walling ^ "y 4: within western shed. dr ~ sr g ~ e ~ ~ ~ , e, ~ t `y ~ ' ~4 ~fi; ~ ~'t r ~ r ' f rr ~ E 4~ i rr~ ~ ~ ~ Photograph #13 -View of middle shed. i i ' h Li y ~~~i l~ L+~.~ p~I; ~ ~ ' 1 ~;,a~ s n: Y F "I9' • - ~ . ^ Y r F Yt ~ b _ t ? s~~q®graph -View of oil staining on v ground at eastern exterior of middle 7 ;,n ~ ~ ~ ~ " ~ ~ , t~ _ shed. e '~'d att.. s~ii ~'.{~f~fi'^;~s ~1a"vim'{ fi ~ £ N~ rt J n' .q .p„ ..'J. yeti aY X i;~ v 1µ ALL ~ t sr~.,~-.: +o- rva ` ":`i~~ rte... 'y~. .m*" . photograph #15 -View of well house f t • i with asphalt shingles on roof and exterior +ra walls. _ ~ x sz ~a ~ ~~w: 4`. ,~s~ fare: aJ _ ~ z r a e. k any{, ~ t~ Y S p ~ ~p. '~EEm 4 ~ t z1 ,a i i r . I & ~ ~ . I ~.Fx ~ JNY Y ~ 'r 5t M7 3 } "r'~ Photograph #16 -View of diesel fuel AST at eastern exterior of well house. ~k k, 7 , 1 v ti~lF I kkk--- ~ an >~x ~ A ~ ~.a N ~ , Y la Photognaph #17 -View of irrigation well machinery inside well house. ar, ~ r w ~ Y.. ~y fri ~ e it ~ d W L'. . fi.: - a - i ,I ~I • w"~0""~ ~ _ Photograph #18 -View of main barn. t ~ fi.', ~ n s. i ~ { ~ s x-y~r" r y Photograph #19 -View of coal storage ~'.t ~^"s ~ , s' i " * , x bin at western exterior of main barn. ~ - k~ S M1 f, tr iX~t! }r .w c ! i' i ~ ~ ~ ay,~ ~ T`f ~ yY ~ ~ P. a r ~ ~ ~ ei.L H f~~k~y ~ 7~ ~ ~a t ~tt,. w~, N ~ at~ . T'.-k K a t • k~v Z is 5 e ,~6: fS Y.k tr. er f r ; n ' J M1 a. {{1~- Photograph #20 -View of some materials in main barn workshop. .a, ~ ' ~'L ; ~ )fi t ,c. .~y t. e • and barn. _ f sec View o 21 n Photograph # 7p _ • • l 1 ~ Photograph #22 -View of storage in x.~ second barn. a ~ ~ 'a k§~~ ~ n;w e ~ +3, v ~ v + a. . - ss ,r~.rr,. - es - , , lei 'y 3. ~~-x.; • Photograph #23 -View of garage. Ac ~ ~'f ~ ' r. iJ? Photograph #24 -View of former pump house. . ~ a+ • y, t w ~ ~s ~ • t ~ c p 6. ""r 1 3 ~ 4 ~ ~ r~~; p9a®8ogcaph #2~n-View of ~ .~.~a ~ closedlabandoned UST location at _ exterior of former pump house. qy~ r 1 y'x~ '}~A4" Y ~ d ~ t ~ a~~ ~ ~ aAke ~ ~ "S W. 'ire Ji ~ tLy?ki' ~ ny, hj ~ ~ ~4 .Y f ia. r xt "xaxl. =4 .R x r~x'k ~,.4~? n x ~ k k r ~ o ~ ~ g~F~'y~J~P4` h~ -efl~Y # i r vF s ,sY: A h ~ h ~y~~l ~ t ~i ?3 photograph #26 -View of main house. • ~ T y~ '£AS" k h~ ? " 'i" i~ 3 J ~ ~ ~ ~ ~ ~ ~ photograph #27 -View of concrete- ~ covered sanitary system component at ,aglb ~ x r r t ~ western exterior of house. ryry s. S~~ ~1~ tf x^ ~~~1 ` i ~ ~ - ~ nK s ~ z X36 yP- ~ k z ,r. Ez ~x ~ r.% ~~`xn Kv~~r ~ N "q}~fi~ a ...5'v - T "`P' v" " P ~ 2 * K S ~ ~t # .kY e; ~SV~y i t • 9vi ~ p+ i ..y A 44 .r $ t ~ ~ ,a;~ ~„r ~ ~ Photograph #Z8 -View of concrete- - covered sanitary system component m ` yard to south of house. ~ : z, ~ ,`.,r, ,cam g~y~ y a fi a V.~ _ ~~~1~x ~ ~ 6 K4 T x~ f ~ Y + 1 1y ; k F ?4 ~ t` b.a tF l YLt ~~i'S(+ i _ Y+~ u..42 _ H _°~9Q. FS?R~ .P ~ ~ ~ ~ v. ~ ~ t. Photograph #29 -View of fill port and ~ - ~a,~w~,, vent pipe (at southern exterior of house) associated with heating oil AST in basement. ? M; ~ S y ~ z ~e`b a r r _ ..Y.'.. t a x u k beu.,'.,a:. S 1~ ter' r. Photograph #30 -View of new 275- 7. gallon heating oil AST in basement. s_- k~. t d~..,~a h.y 44 -1 S • , l r r, s 5 S~ • is g`, Photograph #31 -View of oil burner in basement. ~ ~ x a ~ ~ r ~ "v fin'€,~ rns ,a~ i i. i ~ •!f 'f~ HH J ~ Photograph #32 -View of pipe (fiberglass) and joint insulation In basement. ~~2 ~ ~ x i MR~~~ .r ~ t4 r p 4 ~ ~4~ • `Fx ~ F~ K Photograph #33 -View of sacks of cement in basement. • Environmental FirstSearch >:.,.~a.raa>nesW ,ti 1 Mile Radius FIRSTS ~ ASTM Map: NPL, RCRACOR, STATE Sites • '6 4395 HORTON LANE, SOUTHOLD NY 11971 a ~f d ~°,a bJ,a ~i ,r 1 _ O N G c d ay ~ 3 s coo v 9~ o~Da o r ~ ~ O y .c :c c o M~tl~l )mom s as ~ac~ ~ R <a ?o y'ok °es a~ a R a o ~ s ~ • o a o+ ~ R 0`c ay cm PJ ~o°'v oc J~F a ~ o~~ ~"o P ~ ~P o~°~c ~ a ~ ~ c3 Pn w a ~ ~ 04 oaa Cd ~ y~ 9 os ti Oa 4 ~ e d^~F'Q o er Len .'fi 9 ~ a` 9` .o °ad o~sr in m S 'Qa 20 Jocke Cree hwee: 2005 US. Census TIGER Fifes IuBq Site (LatiNde: 41.0]3015 LongsNde ]2 A38fi) - ~ ¦ identified Site, Multiple Sites, Receptor - i . ~L, ~ELNPL, Brawn6eld, Sohd Waste Landf ll (SWL~ Hazardous Wash i~ Ruhoads aleck Rmgs Represent 1/4 Mde Radius R I R u Rcp u'>~ tr P 1 us I Environmental FirstSearch ~~;,,,m,~~.E. 5 Mile Radius FIRSTS _ ; 'I ASTM Map: CERCLIS, RCRATSD, LUST, SWL _ • • ~ 4395 NORTON LANE, SOUTHOLD NY 11971 NY Roatl ~ r ~I Qa`' tg a~° a c e~ ~ t/~ R as `coq .2.,;` o C ~a L? ~ O N ~L A / O y; ~ ad • ~'~u Roaa ~o`~r~o e oc ~oF~` 0 ke~ne ROa :~urce: 2005 U.S. Census TIGER Files 'azgrt Site (Lafimde: 419"79015 Longi[ude'.-~49gb) 4nfified Site, Mul[iPle Sites, Receptor RL,DELNPL,Brownfield, Soitd Waste Landf ll (SWL), Hazardous Waste • `n6alland_... _ fiihoads l u. RxNux 91eck IGngs Represent 114 Mile Radius: Iced R . R V es<ms x ~._.~y 1 1 _ _ gI- ~pz::. 4 Lu`vyf ':nyyL'k A ~,a _ _ Environmental FirstSearch 25 Mile Radius L>rvr"~®®~k FIRSTS ~ Non-ASTM Map: No Sites Found = ' . ~S 4395 HORTON LANE, SOUTHOLD NY 11971 a 0 o` O 2 ~ ~ 0 • °'a 0 w 7~ as ~o ~r ~o vree: 2005 U. S. Census TIGER Files °Bet Ste (Latimde_4L07J015 Lovg~Nde'.-]2 t38fi) - - MtificdSite.MultipleSites,Recepmr P4 DELNPL, Brownfield. Solid Waste Landfill (SWL), Hazerdou k' ste r` 'balland___ atonal Hisroric Sites and Lxndmxrk SLLes !ailroads..__. Back Rings Represev[ U4 Mlle Radius; RcJ Hine ftcnecmms 900 il. R.~ihns 1 Environmental FirstSearch E~eav, 5 Mile Radius FIRSTS : Wetlands Sites ~t,~ • 4395 HORTON LANE, SOUTHOLD NY 11971 • ~l 3 1 - i 0 nurce: 20(15 U. S. Census TIGER Files ~ wcnands wget5ite (Latimde'41.033015 Longitud¢-323386) ~ ~ r Idrndfied Site, NUlnPle Sites, Receptor r • \P Ld Wastc Landoll (SW'L). n aIDaELdNPL Bmwnfiel~ So Havardo s W ste Y-~ Ncll[aadS Black Rrnes Represent 1 J Mile ftadws Red R~ e'P asam wo rt Rudms O h"~ ~ ~ ~ tSJ C ~ C" O ~ CrJ ~ 'TJ iC7 C ~ CC C ~ i PHASE II SUBSURFACE SOILS INVESTIGATION FOR THE PROPERTY LOCATED AT: = 4395 HORTON LANE SOUTHOLD, NEW YORK 11971 PREPARED FOR: TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION P.O. BOX 1179 SOUTHOLD, NEW YORK 11971-0959 PREPARED BY: CASHIN TECHNICAL SERVICES, INC. 1200 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK 11788 CTS Project #CATS.028 TASK 2 May 11, 2011 PHASE II SUBSURFACE SOILS INVESTIGATION FOR THE PROPERTY LOCATED AT: 4395 NORTON LANE SOUTHOLD, NEW YORK 11971 1.0 BACKGROUND AND PURPOSE This report presents the findings of a Phase II Subsurface Soils Investigation performed by Cashin Technical Services, Inc. (CTS) on March 11, 2011 at the above referenced site. This investigation was performed in accordance with a proposal dated January 11, 2011. The scope of work was based on CTS's Phase I Environmental Site Assessment dated December 13, 2010 which indicated several possible recognized environmental conditions (RECs) for the site including: stained soils in the vicinity of a well house; an area which contains an abandoned in place 550-gallon underground heating oil storage tank (UST); and the long term use of agricultural chemicals including pesticides and herbicides. This Phase II investigation was recommended to determine the nature and extent of residual contamination of soils at the site associated with these possible RECs and prior uses. CTS's investigation included the pertormance of a utility mark-out to identify the UST location; the advancement of soil borings in the vicinity of the abandoned in-place UST; the collection and analysis of soil samples from these borings; collection and analysis of soil samples from the observed oil stained grass areas (reportedly from well pump equipment); the collection and analysis of soil samples from the sod fields; and basement storage area within the main barn. The field investigation was performed by CTS Environmental Scientist Marc Califano on March 11, 2011. Access to the site was provided by Mr. Joseph Conway, owner of the subject property. The subject property (District 1000, Section 54, Block 7, Lot 21.1) is an approximately 31-acre portion of Lot 21.1 which is approximately 34 acres in size. The un-included 3-acre portion of the lot is woodland and cleared land at the northwest end of the property. The subject property is primarily comprised of an active sod farm, with Briarcliff Sod renting the farmland from the current property owner, Mr. Joseph Conway. The subject property is currently used as agricultural farmland and contains the following eight un-occupied structures: a main house; former pump house; garage; main barn; second barn; western shed; middle shed; and well house. The subject site is located in Southold, Town of'Rtvtrhead, Suffolk County, New York. 1 cShctj{no~c~ Cashin Associates, P. C. Engineering Planning Construction Management n `~V n/VV- J I~/IILLER ENUIR01~{Pti/IENTAL ~~C~UPwc, • COgpOtIATE HE/1DQLIARTERB 538 Edvrards Avenue, Catvarton, MY 11993 ti31-3~-4900 • Fax 83't-389-x908 T~4NK aBANDO.NME-hIT CER~1~fC/etTE - . PROJECT Mod-4698 cK.~ tlt.m.: Conway Rtas/dence _ Jn6 tike Locatlen: 4395 Hortoirq Lane, Southold, NY' 14971 RroJeetOate(a): 101t3M0 Tapk Dstcdptlnrr: ti60.WST Thb document certfies trial proper abandonment. of the aforalnentbned fuel storage tank vras oomplatad follovring all NYSDEC at)d SCHD rocommanda0ons. Proper @bendonmen4tndudea rlemoval of above ground plping, internal deaning, and fl1Ang vrtth tyro-part urethane expaneforl foam. prior leaks cannot be detected by this abandonment procxsluro. proper abandonment dohs not protect against bake acmumng prior to abaRdonmsnt Project Manager Attestetdon: PrIM Neme: J ogan, g. Manager - Stgnature & Data: / o i 2 / - ~ MAY 2 3 2011 DEPT.OF LAND' _ PRE ERVATION - • - - - - ~ SERVICE OFFICES 105 8auffi Albany,Road, Selkirk, NY 12158 • (51 ep75T-o2e5 • Fax (518)'787-0259 1300 Shame6 Drlve, Wealbury. NY 17590 • (518) 876-7840 • Fax (516) 87&7848 ~ ~ ~ ~ 188 Stone Ceatk Road, Rpek Tavern, NY 12575 • (845) 589.1200 • Fax (B95) 589-1288 - - ~ 4818 Newgata Avenue, 8a0inxrra, Md 21224 • (410)631-8169 •Fax'(410) 631.81 97 105 RWelview DrWs, PO Sox 365, Paulsboro. NJ 080@8 • (858) 224.1100 • Fax (B58) 224-1113 w ~ 40 Artlsan.Drlve;.Smyma, DE 79977•,(302)'~853.0833'•F9if (302)853.0334 BuRT~s RELIABLE ~ INVOICE • Wa11 Take Care o12" 1515 Youngs Ave. • P.O. Box 696 • Southold, IVY 11971 Tel: (631) 765J767 • Fex: (631) 765-1744 • www.burts.com Date 11/04/2010 Invoice k 1191 Customer. , . , - ~ ° 8253E MS. JULIA CONWAY 1 u,1j~I C\O JOSEPH CONWAY ~ ll' 6005 NORTON LANE ~ S!"'i SOUTHOLD, NY 11971 ; ~ X0,00 i Tear on dotted line end return top portion whh your payment. :i . 6253E 04 2010 4 95 NORTON LANE SOUTHOLD NY li/04/201tl ABATEMENT OF IN GROUND TANK 1.00 0.0000 PUMPED OUT 550 GALLAN FUEL OIL TANK AND FILLED WITH FOAM. LEGAL TANK ABATEMENT PERFORMED BY MILLER ENVIRONMENTAL GROUP, • 538 EDWARDS AVE., CALVERTON, NY 11933, (631)-369-4900. PLEASE FIND A COPY OF THE TANK ABANDONMENT CERTIFICATE ENCLOSED FOR YOUR RECORDS. MI AY 2 3 2011 DEPT.Of LAND PRESERVATIO TC3TAL.S ;0.00 r BuRT~?s RELIABLE HEATING • AIR CDNDmONING • PLUMBING. Natural Heating OiITM • BioDiesel • Kerosene • Diesel lhtt7l Take Cara oFR" Tel: (631J 765-9767 • Fex (637) 766-1744 • www,txnts.com P U B L I C H E A R ~ I N G ~'-iuin~'~'^ RESOLUTION 2010-889 s ADOPTED DOC ID: 6346 • THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-889 WAS ADOPTED AT THE KEGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4, 2010: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday, November 16 2010 at 4:35 n.?ri. Peconic Landing Brecknock Road, Greennort, New York as the time and place for a public hearing for the purchase of a 31 f acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. 'fhe property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31 t acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29t acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fwd) and Chapter 70 (Agricultural Lands) of the Town Code. • The second purchase consists of the Town purchasing fee title to 31 t acres, of which 29t acres are subject to a Development Rights Easement and 2t acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the'fown's Community Preservation Project Plan as property that should be preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. E?izabeth A. Neville Southold Town Clerk RESULT: AllOYTED ~UNANIMOUSJ MOVER: Louisa P. F,vans, Justice SECONDER: Christopher'falbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski .lr., Evans, Russell • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, November 16, 2010, at 4:35 p.m., Peconic Landing, Brecknock Road, Greenport, New York as the time and place for a public hearing for thepurchase of a 31t acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31t acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29t acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31t acres, of which • 29f acres are subject to a Development Rights Easement and 2t acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty- two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: November 4, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville • Town Clerk • PLEASE PUBLISH ON November 11, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179. SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board • • • SOUTHOLD TOWN BOARD PUBL[C HEARING November 16, 2010 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot * * ~ Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 5:15 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural • Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday November 16 2010 at 4:35 p.m., Peconic Landing, Brecknock Road, Greenport New York as the time and place for a public hearing for thepurchase of a 31f acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 3lf acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29t acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31f acres, of which 29t acres are subject to a Development Rights Easement and 2f acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the . difference between the total purchase price and the total development rights easement purchase puce, with such purchase price estimated at $822,500 (eight hundred twenty- Conway Purchase Public Hearing 2 November I6, 2010 • two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. We have a notice that it was posted in the Suffolk Times on November 11, 2010, aftidavit that it was posted on the Town Clerk's bulletin board at Town Hall on November 5, 2010 and a letter from the LWRP coordinator stating that it is consistent with the policy standards and therefore is consistent with the LWRP. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As shown on the aerial in front, this property is located in Southold, to the north of CR 48, on the west side of Horton's Lane. The property, which is owned by an Estate, has historically been and is currently in active agriculture. The landowners are no longer in the business of fanning and to settle the Estate, a decision was made to sell the farm. Since the landowners are not farming, they were not interest in selling just the development rights and retaining the agricultural rights to the Town. Instead, the landowners approached the Town and offered 31 acres of the 34 acre farm for purchase by the Town. One of the landowners owns adjacent property and decided to retain 3 acres on the north side of the farm. He is currently before the Planning Board for a lot line change to accomplish this. The 31 acres includes an existing farmhouse and several accessory structures. With the exception of the area around the house, the property is all used for agriculture. The Land Preservation Committee reviewed the application and determined that purchase of the property together with extinguishing the development rights on all but approximately 2 acres around the existing dwelling, accomplishes the purposes of the Town's farmland preservation program. In 2007, a bond resolution was authorized by the Town Board and then approved at a biennial Town Election authorizing $4 million for the acquisition of agricultural lands. This funding source enables the town to acquire and preserve agricultural land and specifically allows the town, once development rights are removed from the property, to sell or lease the interest in the underlying agricultural lands. The Town Board adopted a Farmland Policy on November 4, 2010 to provide guidelines for use of the $4 million farmland bond. As noted in the hearing notice, the Town will be using both Community Preservation Funds and funds from the $4 million farmland bond • for this purchase. Upon completion of this purchase, the town will have preserved 29 acres of viable agricultural land. The Land Preservation supports this acquisition and Conway Purchase Public Hearing 3 November 16, 2010 recommends that the Town Board proceed with the acquisition. I'd like to thank the Peconic Land Trust for working together with us on this project and of course, the landowners for working with us and offering us the opportunity to preserve this important farm. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular acquisition. Another thumbs up from Hugh, for the record. (No response) The hearing was closed at 5:23 PM * * ~ Linda J. Cooper Deputy Town Clerk v~w0'~~ ~ a~C~Ux~v~w awv~Oa~F+~Oz i I r ~ ~ RESOLUTION 2010-920 ADOPTED DOC ID: 6362 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION N0.2010-920 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a 31t acre parcel of property owned by the Estate of Julia Conway on the 16th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the two part purchase comprises a total of 31t acres, subject to survey, including an existing farmhouse and accessory structures; and • WHEREAS, the total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31t acre acquisition; and WHEREAS, the first purchase consists of the Town purchasing a development rights easement on approximately 29t acres; and WHEREAS, the first purchase is to be funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs; and WHEREAS, the first purchase of the 29t acre development rights easement is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, and WHEREAS, the second purchase consists of the Town purchasing fee title to 31t acres, of which 29t acres are subject to a Development Rights Easement and 2t acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact; and WHEREAS, the second purchase is to be funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus • applicable acquisition costs; and Resolution 2010-920 Board Meeting of November 16, 2010 WHEREAS, the second purchase is consistent with the approved Farmland Preservation Bond (Bond Resolution 2007-715) and is being accomplished pursuant to and in conformance with the • Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and WHEREAS, the landowner's application and offer to the Town was to sell fee title to the entire 31 t acre property, and acquisition of a development rights easement only was not an option offered by the landowner; and WHEREAS, the 31t acre 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 proposed action, consisting of both purchases, has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee recommends that the Town Board acquire the entire 31t acre property in order to further accomplish the purposes of the Town's farmland protection program; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase this entire 31t acre property in order to further accomplish the purposes of the Town's farmland protection program; and • WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a 31f acre parcel of property, including an existing farmhouse and accessory structures, owned by the Estate of Julia Conway and identified as part of SCTM #1000-54-7-21.1. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31f acre acquisition which will occur in a two part purchase; and, be it further RESOLVED that the first purchase consists of the Town purchasing a development rights easement on approximately 29t acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus • applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second Updated: 11/16/2010 3:39 PM by Lynda Rudder Page 2 Resolution 2010-920 Board Meeting of November 16, 2010 purchase consists of the Town purchasing fee title to 31f acres, of which 29t acres are subject to • a Development Rights Easement and 2f acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact; and, be it further RESOLVED that the second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs; and, be it further RESOLVED that said acquisition is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and, be it further RESOLVED that the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the Town Board has determined that this action is consistent with the LWRP. ~~Q'~' Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell • Updated: 11/16/2010 3:39 PM by Lynda Rudder Page 3 617.20 Appendix C State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be coin leted b A licant or Pro ect S onsor 1. APPLICANT/SPONSO awn ~ ~~r~U, t~ 2. PROJECT NnAME ` p kg~~t OY urc~ngSt oY~fmWr~\CO~¢2~~ .'SJ~tat ~entAa 3. PROJECT LOCATION: ~ ( r Muniapalily ~o Q County ~J"Y•Fa l k 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) a~TM*k' P~o lood -$'i - 7 - 2t . I 5. PROP SED ACTION IS: New ~ Expansion ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 99 4 / f Itop q"I" vrchasf : ~1. ~/Ch4SC Ot' Ue?•/Zr[/I~ P9SPrnrsd~ o„t~~/ QC'flg . >ct~ ~ f~lG ~./Cti4k of 3/=gCr~S~ o-~ntr~tirJ'c~t a/c =Qc/r$ a>'r Sr~ijsc=I' lr5' Q~ 17r P~,S~~n~,rA"a~r/2^afns i4c~MC(k ~f4r»I~IOySf r f+'r.ruM sfi/~'Hwr ~ glum R/' in 1'. 7. AMOUNT OF LAND~FFECTEO: Initially 3 1 ~ acres Ultimately 3~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes ~ No It No, describe briefly • 9. WHAT II,S/PRESENT LAND USE IN VICINITY OF PROJECT? t~ nq Residential ~ Industrial ~ Commercial ,1'y.Agnwlture ~ark/ForestlOpen Space ~ Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE O_ R (,OCAL)? Yes o II Yes, list agency(s) name and pertniVapprovals: i t. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~No If Yes, list agenq(s) name and permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes ~No I CERTIFY THAT THE INFORMATppION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsornome: S o J`h^e)~Ul TO~tJTI / Date: r Z, / ~ Signature: ~ /Y [Odl1Gl If the action is in the Coastal Area, and you are a state agency, complete the • Coastal Assessment Form before proceeding with this assessment OVER 1 PART II -IMPACT ASSESSMENT To be com leted b Lead A enc A. GOES ACTION EXCEED ANY TYPE 1 THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL FAF. Yes ~ No • B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? It No, a negative dedaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED 1MTH THE FOLLOWING: (Answers may be handwritten, rf legible) Ct. Existing air quality, surface or groundwater quality or quanlfty, noise levels, existing traffic pattern, slid waste production or disposal, potent. i;fl for erosion, drainage or flooding problems? F~cplain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: r V f) - C3. Vegetation or fauna, fish, shellfish or wildlife spades, significant habitats, or threatened or endangered spades? Explain briefly: N~ C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain bdefly: N~ C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: a C6. Long tern, short term, cumulative, or other effects not identified in C1-C6? Explain briefly: N~ C7. Other,irnpads (inducting changes in use of either quantity or type of energy)? Explain briefly: • D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CFA)? Yes ~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes ~No If Yes, explain briefly: PART III -DETERMINATION OF SIGNIFICANCE (To be completed. by Agency) INSTRUCTIONS: For each adverse effect ident~ed above, determine whether it is substantial, large,. important or otherwise significant. Each effect should. be assessed in connection with its (a) setting. (i.e. urban or rural); (b) probability of occuring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) 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 II was checked yes, the determination ofsignficance must evaluate the potentialimpact of the proposed action orttheenvironmentalcharacteristics ofthe CFA. Ched<this boxffyouhave idenlRed one ormore potentially largeor significantadverseimpacts which MAYOCCUC Then proceed directly to the FUL FAF and/or prepare a positive dedaration Check this boz if you have determined, based on the information and analysis above and anysupporting documentation, that the proposed action WIL NOT re~slult in any significant adverse environmental impacts AND provitle, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Date Sv t ~sa2 ~uss{~` ~ KM 7fJ ~ J2 Print or Type of Responsi Officer in lead Agency Title of Responsible er t re of Responsi le fficer in Lead Agency Signa ure of Preparer (If differe responsible officer) • OFFICE LOCATION: ~QF SO(/l~, MAILING ADDRESS: Town Hall Annex Ol0 P.O. Box 1179 • 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1935 ~ ~ Fax: 631765-3136 ~y00UM'r,~~ LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: November 16, 2010 • Re: Purchase of a development rights easement of Estate of Julia Conway Location: 4395 Horton Lane, Southold, New York. SCTM# 1000-54.-7-21.1 The proposed acquisition is for a development rights easement on 31± acre parcel of property, including an existing farmhouse and accessory structures The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney pp Melissa Spiro, Land Preservation Coordinator °~j ~~~~U~~ ~ r~r ~ e ~ P. c • z 0 s I N G S T ~ A T E M E N T • • CLOSING STATEMENT JOSEPH A. CONWAY and ROBERT J. CONWAY, as Trustees of the Testamentary Trust of the ESTATE OF JOSEPH M. CONWAY, and JOSEPH A. CONWAY, individually and as Co-Executor and ROBERTJ. CONWAY, as Co-Executor of the Last Will and Testament of JULIA D. CONWAY to TOWN OF SOUTHOLD Total Development Rights Easement - 28.9932 acres Total Parcels Acreage - 30.8297 acres Reserved Area - 80,000 square feet Premises: 4395 Horton Lane, Southold Part of SCTM #1000-54.-7-21.4 Closing took place on Wednesday, August 3, 2011 at 10:00 a.m., Southold Town Hall Annex • Purchase Price of $ 1,812,075.00 (based upon 28.9932 buildable acres $62,500/buildable acre) disbursed as follows using CPF funds: Payable to Estate of Julia D. Conway $ 906,037.50 Check #110935 (8/2/2011) Payable to Joseph M. Conway Testamentary Trust $ 906,037.50 Check #110961 (8/2/2011) Expenses of Closing: Appraisal Payable to Given Associates, LLC $ 2,900.00 Check #103529 (12/15/2009) Survey Payable to Peconic Surveyors, P.C. $ 1,276.50' Check #108964 (2/15/2011) • • Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 879.75" Check #108381 (1/4/2011) Environmental Report (Phase II ESA) Payable to Cashin Technical Services, Inc. $ 4,071.00" Check #110104 (5/24/2011) Title Report Payable to Fidelity National Title Insurance Co. $ 7,853.00 Check #110938 (8/2/2011) Title insurance policy $ 7483 Recording easement $ 370 • Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 Check #110936 (8/2/2011) "represents 69% of total invoice charged to CPF funding Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Joseph A. Conway Seller (Co-Executor) Robert Conway Seller (Co-Executor) Thomas Conway Seller (son) Christine Conway Seller (daughter-in-law) Paul Caminiti, Esq. Attorney for Seller Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Administrative Asst • TOWN OF SO UTHOLD VENDOR 001918 ESTATE OF JULZA D. CONWAY 08/02/2011 CHECK 110935 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT HS .8660.2.600.100 080311 PROP TAX REIMBURSEMENT 1,085.15 H2 .6686.2.000.000 TBR920 060311 PURCHASE PRICE EASE.50& 906,037.50 HS .6660.2.600.100 TBR920 060311 P/O PURCH. PRICE FEE 50~ 396,290.00 TOTAY, 1,303,412.65 I ~ . ,y { I ~ { „ ~'"t :~~:J" ! ~ : ' j,y E,s , I o,~p. Rn , ,I I. ~ aisr?« - ~?tNf. ~ ~ . \ F O /4/ W / \ ~0 \ S \ ~ O o</ \ \ \O \ \ \b\ `°~Sa4\ od~~\\ \\~/%%a ~ \~a w~.~\\iw v~\`\e^i r,-.W\~` /ail\Op \\t1\` ^q ~ \ ~~\\pryK~w` \Ta `aa\\\\a`m\ roo.C.a\ ,\\\\a xo\\\//fi" ~ z", ~,,~':"xia\~ r~,~,~^.w.`.. b~. r r r/r~zm a ~ r>i / - //ir/~~,,i /pv~ 7r Hro~y,/pr .c9 Dim/H c~i~v "-°;~~Jd// iiv ^////r/ ter; ~ . °Kr~r~< (C r~ 2 ~K«kcd. "'y~c{tNw~ \ r! i~ ,K is - L~A.fiK GC X~- rlM}{~h°^ F ~ \ of ~ i.""~\\~\~ '"~\~l~.u \O \V`.Cm` \Nb `\i !w ~ ~ G~ o e u~'M~Y,ym'~'kiiill~\~ u.. :u,..m 'V~iiim iih,`3~deiuh'i~~i o~iUP~ ~VumYuju~im~il MU~ viii\IIII\`` m~~\'~k~~~'`uwiO\`\~^ ` i ~Wi ~ O, hir INd M Mua ~Jwp~ w4\~'P ~\~XMy~~irk~.vlflil iu irtl~~ ~p~dmm'•~ ~y ;i7''' mN x ~n\\apw nw~ i hll ^m" `\`dl#~'mUN~:~O\`~'1Nhi IWIW'~gV Nih' yi i ~ii .iV{~~BPRrni~~,~^; "h\\'a\~\ F~I~'H`,~..i .~'~a.\`c,\` i~ \~hl~i . \~~'N mul ymy '9p. AOm^i~IN((U~~I~i~WGdi~\~n~l I~j ~m~0'!i~li, V~ryi bmm~l ~ ''~m'M,,,. S~4i110 A =~I~himryl~~i +w4 m i~V~p~~u :~'~ylnY~wmti~\~\\`,:~tartnVlMd~m i~,wu rl{oi~\ Ntlmi~z7`~~ Ih ulp ~\~>nVu-"~~a~s\~~~~~~~~Sooa\ ^uY+~w ka~~.OmmWWl~lw ~~~~Nw t~"~u~~ I «r~INnUI#^ 19m~. Oataw ~\YO\\w, n ~ h^. ~ m w min ~ m~~ uu ~ x,wMPa~\i vwNlo~ ~\'~ti? \ ~ ~l~a ' , iii m`~, tk~u..'~ ~y rm`'wdd lW°~wWl Hi~~wW mw~'V II ll'lii I^V~~„~~~~ \~'r'imV~y~!VV Uq~,u,~~N~~itluNM'Vi,V~~uB~l~,ul ,'!"~riMN r,:~m0ip \`2\~o 3iuta,`~I'rR~>'rv"~,,:,,ra~»~,~i~~\\~\~C~ m mo!@7wi ~VU Wµ i IN i, I i Jm i NInII?Y PoI ,a, NV mwtiVV~d~ mIVY i~ ^@MVw 'mYR'I!YWi~lmu naNN ~m i ImI~V~ NMN',MNm mM';~V;WVm ti~m iVid@ ~mlh~MMlrv i>IOihWlo ~ _ °A'N~~I~ft" -wa~hl~hm wuuu Y~IPiI _ n Vj~dnn mMN'~~~"~~ Wf4m'"' uu4lNlly,V,iq '~~dVlN~ll r-~NIWii d0~~~= ~=!ii x I mu'p "mom=~ ? ~ ~ CHI' i u ~ - I ° ~ - ~ R ~I~ ~ m ~ dm ~ Imo`. WII I ~ IIII , o~ m d oV w m mh~~PmW^^ Ii4iY~iIM'IW~ - " v YVi 'mW I i nWu v multi +mn;W s r, NL nnV"i mWJVIMm~ ml~l~X ' ~IW~ iq~ylpaT Im. mn1V ~~tl*+ %ftm ^'^mi~i//Ja x'~--= °id~' w viI I `-~„1~~ - ~ yvo~' . ^a?/r~" / ba%S/6'? ' mWVm aoi~i iMmi 4x ~ ~,..e i uu~w "`°L}'~.-_ a °Dy~ /_,O/v GOr~ ~dr~s~'V~j~aNri ~ u~~°~',,i^MuWUnu'.11~"^"'N °'JINtn.~ ~~i//r~-, /~i1, 0 a,.. »i ~ v.,... , p,,. r.,.. i~'ii0935~~' ~02i405464~: 63'~~000004 Oii' ~ y TOWN OF SOUTHOLD VENDOR 098052 JOSEPH M. CONWAY TESTAMENT. TRST 08/02/2011 CHECK 110961 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT HS .8660.2.600.100 080311 PROP TAX REIMBURSEMENT 1,085.15 H2 .8686.2.000.000 TBR920 080311 PURCHASE PRICE EASE.50`k 906,037.50 HS .8660.2.600.100 TBR920 080311 P/O PURCH. PRICE FEE 50~ 396,290.00 TOTAL 1,303,412.65 i- ~ ..a t, ~ r,,~~. 4 R ~ Y* .A" f i m ~ 1 I ^++--5~ :,gin.. ~*c,,, ~M~ fir` , yi «a~ r f y ~~y ~e~Mi * 4~`~ $~o ' is ~~x0' 6 p ~~~'r_ un`... ~ o\~e` ' Vlnw' wa" OhNPVw .,.rvINM~'WJ... wn~rc~ mi~"' ^~i~Pu ~ ~,'m ~tta1 'yw, ~ ~ u idVw'w VI ~ ~NMu b~WV~~V~~"" u~ou ^,wv Uk~`O k~"owlia i!lio lfliiaNSBIDmw Mlim" ~i III ~',la~. ~ i ~ wO\\~,V' . ~vi °~;U~~i "~\\^'~l\Y\\\ti it ~ uw r ik.~.^ I a~INW "s\\a" \ M\34° \ ~MRM"8" a\\\~ ~V\\O. ~ \ ~w 1~MO~M m~M1Mi °"~iVu? i rn~iTiw' 'Ay~.~~~io~ii,'~Nyn W ^^~~~~omo i~;i0~~~ M ~~~o~M ulin i n .~+"b~.. ~~!WImW Ai r~.wi I'+\\\Y YI~I~VIW NiWU~" i w~~~YII~iWVIi oli~~~ \3 "`o\\ \\\i\a~* il~~u ww ui u~iiilo VOtly{Illlu mi~0yM~ ~Md IOM i kv U. V mA4 MIS unr''wN iii w mn ~ up r ~'m ~ ~ uuJ hlllub~ w~41Mu wM u~ w ~r ,a ~ N ~u0 ~~uM~~ _ ~ -~Y~ryH'Im ' _~~~y ~ _ m r~~ IiyOhmm - 4h#` y it P ~30i ~`y a ~NPi i ~u _ d _ h I~~~: - R ~"y,` ` V'k~l~~„ `~`~'~I N'-~ut~ - ~ is I r tl mid n ~H _~Itli i~ i ~~V~~IV~ ai ndi PYl~ 4~'W~ ~I RUrR 1~1i~ nV m ~ o~~yp uVi o, - »sa~ r OPN i i i iii maul N mgii~u ii~lA<'D~J~N"~'~~' ~V~u MiwVh Ww IVJ Li wl0~m wi4hMJ~~~u oI~A'~w'W~N~uWUVof~~''~ ~."'~"';TM^4~#h ^~NVl~d~u W~,~OIa mId~4M w4i ~jVVIM uN~~ d',O~rypwv ri~MP mMii~VNb~'. ~ ~ ~ _ se, ~ ~ ~ ~ ~ ~a~._ i i ~ _ ~uu ~i,~ _ ~M;y w,~ ~w„~, s~ '-w~ ~ K2~%i"iii ~e;,Hi iii ~~i/?%O ~i%a"~1//' ",ti~~ ~'i!e~ mUU/v' ~ ~d 'M~~o oMIA ~ou ~O~i VMw•_, ~p ~~io'e2-~. /a~ ~/O~"'~`" -rte ~~6~ 'w!INm ioi'~!r ~z r v~ _ mYd 'fie °'Qii ° ~ ~ ~~wM~~~m ~ i - ~ _ ate` ~ ~ _ r r ~ / y a o \`A'\«" a ttm« mwi ~ ' sue-- ~~f1ml¢~ z '~i w ~ v ~~v ~OA~ Syr .~-~qm;'~`_ v ~ s~'~ ~\\~i l Zs~ r ul a~ ~MOr ' ~\\la`ri^ E*9 ~ _ is pR'> r~ ~~\~mT+ 1~9`~`~~r e + G~ 0 b X14 em~,,.~~ T'~ J ~ l~ T Invoice ASSOCIATES Date Invoice # ~48 Route 111, Suite 200 11/19/2009 789 Hauppauge, NY 71788 631-360-3474 Fax 631-360-3622 Bill To Tows of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2009228 Due upon Receipt Description Amount Appraisal of Real Property of the Joseph and Julia Conway 2,900.00 Located 4395 Horton Lope Southold, NY .C.T.M. #1000-54-7-21.1 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. Vendor.. 007416 GIVEN ASSOCIATES LL W-12152009-810 Line: 164 Formula: 0 Y=Select Account.. H3 .600 - JE Date Trx.Date Fund Account Acct Desc ACCOUNTS PAYABLE Use Acti Trx Date..... 12/15/2009 SDT 12/15/09 1/02/2008 1/02/2008 H2 .600 Trx Amount... 2,900.00 1/02/2008 1/02/2008 H2 .600 Description.. APPRAISAL-CONWAY HORT LN 3/25/2008 3/25/2008 H3 .600 Vendor Code.. 007416 Pay Method: 3/25/2008 3/25/2008 H3 .600 Vendor Name.. GIVEN ASSOCIATES LLC 4/08/2008 4/08/2008 H3 .600 Alt Vnd.. 6/03/2008 6/03/2008 H2 .600 CHECK........ 103529 SCNB 9/23/2008 9/23/2008 H3 .600 Invoice Code. 789 „ 11/18/2008 11/18/2008 H3 .600 VOUCHER...... 1/20/2009 1/20/2009 H3 .600 P.O. Code.... 20135 1/20/2009 1/20/2009 H3 .600 Project Code. 6/30/2009 6/30/2009 H3 .600 Final Payment F Liquid. . 11/04/2009 11/04/2009 H3 .600 Type of 1099. M BOX. 07 Addl. Y, 12/15/2009 12/15/2009 H3 .600 Fixed Asset.. Y 4/20/2010 4/20/2010 H3 .600 Date Released 12/15/2009 6/01/2010 6/01/2010 H3 .600 Date Cleared. 12/31/2009 Use Acti F3=Exit F12=Cancel -Shift Up F3=Exit F10=Prey View : elect Record(s) or Use Action Code TOWN OF SOUTHOLD • VENDOR 007416 GIVEN ASSOCIATES LLC 12/15/2009 CHECK 103529 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT ]I3 .8660.2.500.200 20135 789 APPRAISAL-CONWAY HORT LN 2,900.00 TOTAL 2,900.00 d i_ d' , J~ F . ~,;,FrJ~ ' y r~P rx..n y. 3 sa¢...., - ~~ar i m ~ ~ n ~ ; yy f¢~ 1 A4' Jk s-t' ~ NSn in { J • i,k#~ > 4t6x° W ~#x " ~ Fyy.~n ' w' . ~ -"aa, §i.:.M is 'e ~ vI+FP z ..t,~m~r i2jl~la~ J s ti~ o~~ir9t k .y~ ~ CIiQCK"~R 1 3529 1 V ~ ~ ~s.= i ~ U~ F,MY'~36135 3ps ~ • •`v ~b$~ ~ "'saa:en,s, ',.,"~2f'i'SX~aos ~ -~s.`sao.ao ; TN70 ~ T1~SOUSAC~tY~~JfNTi...I~Y(7NS11~8D ANU Pb~,k9a~~DdY'LY,AI~$~.,. v . . . , r W o, - a,, P . AY ,-GZYTXS ,Ab`S~~FA`~~5' "LLC ~ I, ]YJ1NG, ..~BO gd 53,Q5~ d~~ HAUPBA;Y)E~ d~Y kk785-D3pG C+'tX„~Jlf~"X! i~' ~03529i~' ~0 21405464: 63 000004 Ou' PECONIC SURVEYORS, P.C. InVOICe • 1230 TRAVELER STREET Date Invoice # P.O. BOX 909 SOUTHOLD, NY 11971 u3tnou is Bill To Town of Southold Department of Land Preservation P.O. Box 1179 Southold, NY 11971 Attn: Melanie Doroski P.O. No. Terms Project 21563 Net 30 Quantity Description Rate Amount 1 Conway Estate Survey 1,850.00 1,850.00 • GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. Vendor.. 016144 PECONIC SURVEYORS, W-02152011-080 Line: 332 Formula: 0 Y=Select Account.. H3 .600 - JE Date Trx. Date Eund Account Acct Desc ACCOUNTS PAYABLE Use Acti Trx Date..... 2/15/2011 SDT 2/14/11 2/13/2007 2/13/2007 H3 .600 Trx Amount... 1,276.50 2/13/2007 2/13/2007 H3 .600 Description.. SURVEY-CONWAY ESTATE 4/24/2007 4/24/2007 H3 .600 Vendor Code.. 016144 Pay Method: 4/24/2007 4/24/2007 H3 .600 Vendor Name.. PECONIC SURVEYORS, P.C. 4/24/2007 4/24/2007 H3 .600 Alt Vnd.. 5/08/2007 5/08/2007 H3 .600 CHECK........ 108964 SCNB 5/08/2007 5/08/2007 H3 .600 Invoice Code. 18 8/14/2007 8/14/2007 H2 .600 VOUCHER...... „ 10/09/2007 10/09/2007 H .600 P.O. Code.... 21563 5/06/2008 5/06/2008 H .1620.2.4 Project Code. 6/17/2008 6/17/2008 H3 .600 Final Payment P Liquid. „ 11/18/2008 11/18/2008 H3 .600 Type of 1099. N BOX. Addl. „ 12/15/2009 12/15/2009 H3 .600 Fixed Asset.. Y 2/01/2011 2/01/2011 H3 .600 Date Released 2/15/2011 Y, 2/15/2011 2/15/2011 H3 .600 Date Cleared. 2/28/2011 Use Acti F3=Exit F12=Cancel =Shift Up F3=Exit F10=Prey View : : lect Record(s) or Use Action Code _ TOWN OF SOUTHOLD • VENDOR 016144 PECONIC SURVEYORS, P.C. D2/15/2011 CHECK 108964 FUND & ACCOUNT P.O.q INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 21563 18 SURVEY-CONWAY ESTATE 1,276.50 - H .8660.2.600.100 21563 18 SURVEY-CONWAY ESTATE 573.50 TOTAL 1,850.00 - y% G~.~p.-.^ 1,t ...1... l are 1~ , ~ I'7 F ~ A: ,s A"p r~ ' ~i'~., I`~~ r ~ S' ry}k' "'~'h'. • "sv. yr,. ~~y9C~,a a §',.'^~fficyya, .F ,*YN,r" ^MUv x ~ 5 K '..k ~~+a!" ~ ~~aMR, qr SID' -4ida~, a a~ `y `4 qp4,. ~ ~ ~.~~•GJ „y,~^s+ .-i*-~kY~;yby~xey'i ~ " t ~ r ys M1 e. : xr a ~ j ~ .y ro- , ~ ,t a.~i i u xn,p ~...w-. ~ 4. r&cw- ~ xqv i': t ~ ~3~ Sr y~am-- q~~ ~y ...,r w. r,d„ ~ ~2~~ Y~ t~ M+'b1N,s~rl, v}~.~ w~;~ 3'~', w.~. ^c~ 'Led y.., vy... ..a,~' „ ,.M., ^ H - r *~#s~~E1f~ ~ r 4Ldi`~ibk,~'d' ~em~l`b`..*ti~r~"~k'`:'„~"yg"" `r b""~"~y'"""g~" 6 fa hf ~f^ ~I~IySj . ?K}tK My!¢ t^3^-: y ~ i a. 4j,f • uazP. ~ ' q. ~ a ~'aw,.~ xw „ '+y.R'k~ ~a,n N a `4es " ~,k~. _ N~°~'# J~ . -may ~ x, '^~ytM ~ a x ~'4y~~ `a+~ y.~~.~'P~" . ~ ~1Yyq.."Y t~ .~"~tr.~ )~`T` w nl .r,yµ Y~. %u.Y.4m' g~" ~'dF~•5~~. ...~.~i~~i%P+ F~ceY. 4 e. M` ..x r. n''lfY~ w°``~`"' ~4rv~~5~~~'~~ L`~OTJ~C74 tin " I~s~hin Te~hni~al €~r~~z~~a Ins, • 1200 Veterans MemDHal Hwy .Hauppauge . NY .11788 631.348.7600 phone / 631.398,7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 ~ December 13, 2010 Southold, NY 11971-0959 Project No: CATS.028 r ~ Invoice No: 99 s Phase I Environmental Site Assessment for property located at 4395 Horton Lane, Southold, NY 11971 Professional Services from October 30. 2010 to December 1 2010 Fee 1,275.00 Total this Invoice $1,275.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. Vendor.. 003079 CASHIN ASSOCIATES, W-01042011-649 Line: 47 Formula: 0 Select Account.. H3 .600 JE Date Trx.Date Fund Account Acct Desc ACCOUNTS PAYABLE Begi Trx Date..... 1/04/2011 SDT 1/03/11 „ 10/21/2008 10/21/2008 H3 .600 Trx Amount... 879.75 „ 10/21/2008 10/21/2008 H3 .600 Description.. PHASE 1 ESA/ASBSTS-CONWA „ 10/06/2009 10/06/2009 H3 .600 Vendor Code.. 003079 Pay Method: 5/04/2010 5/04/2010 H .600 Vendor Name.. CASHIN ASSOCIATES, P.C. „ 11/30/2010 11/30/2010 H .600 Alt Vnd.. „ 12/14/2010 12/14/2010 H .600 CHECFC........ 108381 SCNB Y, 1/04/2011 1/04/2011 H3 .600 Invoice Code. 99 1/04/2011 1/04/2011 H .600 VOUCHER...... 5/24/2011 5/24/2011 H3 .600 P.O. Code.... 22178 5/24/2011 5/24/2011 H .600 Project Code. 5/24/2011 5/24/2011 H .600 Final Payment P Liquid. 5/24/2011 5/24/2011 H5 .600 Type of 1099. N BOX. Addl. 6/21/2011 6/21/2011 H3 .600 Fixed Asset.. Y Date Released 1/04/2011 Date Cleared. 1/31/2011 E F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code • TOWN OF SOUTHOLD • VENDOR 003079 CASHIN ASSOCIATES, P.C. 01/04/2011 CHECK 106381 FUND & ACCOUNT P.O.~{ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22178 99 PHASE 1 ESA/ASBSTS-CONWA 879.75 H .8660.2.600.100 22178 99 PHASE 1 ESA/ASBSTS-CONWA 395.25 TOTAL 1,275.00 _y k. ' l~~t . ~ f . ~w. ~j; ,3 +C~„Ar, ' ~ ~ r. ~ ~ i~t 4y. s`' i ~ ~ -~Lvi~..-"~.,,yy~„wYaYr- . -~+W?"•wo.~• „pyr,,.~-~Yb,,,~y"wdw. `~y+w" ~-WIYr" .~Ip;~-•yiY~L•a!~ -wry ~ ~ i~if~ "'~~~~W .~Iw~-fir-nun-mow--+Yr~~-+~-wow- ~ -~+'~"-^wY~?~`-+y4e"`ocr„r~~`.~~'.*"~~"~ir-. . 'ate-~*-"'.~.""'tt"~°` -~"'W"': ~,,~"~•iw'- „,~'y~.p~^"y+,M.~M'„^'~p„'.,~"",y~yMw~~'~yy'~~A~?"~+~~'"~°"'yyk•' ~ a~- . s-+~Y?"y~~' ° "..,fig.'".,-'-~w.y'"~`-'"~°,mow-6a*,•~'.,-«I~~„-',,,,. - „a;: ~ ~"~A--!~~`-fl -wee-^-~Sw--~ado~ Cashin Teohno~i ~elrvioes, ilno. • 1200 Veterans Memorial Hwy .Hauppauge . NY .11788 fi31.348.7600 phone / 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 May 11, 2011 Southold, NY 11971-0959 Project No: OCATS.028 Invoice No: 107 Phase II Environmental Site Assessment for property located at 4395 Horton Lane, Southold, NY 11971 Professional Services from January 01, 2011 to May 11.2011 Fee 5,900.00 Total this Invoice $5,900.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. ~ndor.. 003079 CASHIN ASSOCIATES, W-05242011-017 Line: 65 Formula: 0 Select Account.. H3 .600 - JE Date Trx.Date Fund Account Acct Desc ACCOUNTS PAYABLE Begi Trx Date..... 5/24/2011 SDT 5/20/11 „ 10/21/2008 10/21/2008 H3 .600 Trx Amount... 4,071.00 „ 10/21/2008 10/21/2008 H3 .600 Description.. CONWAY EST.PHASE II ESA „ 10/06/2009 10/06/2009 H3 .600 Vendor Code.. 003079 Pay Method: 5/04/2010 5/04/2010 H .600 Vendor Name.. CASHIN ASSOCIATES, P.C. „ 11/30/2010 11/30/2010 H .600 Alt Vnd.. „ 12/14/2010 12/14/2010 H .600 CHECK........ 110104 SCNB 1/04/2011 1/04/2011 H3 .600 Invoice Code. 107 1/04/2011 1/04/2011 H .600 VOUCHER...... Y, 5/24/2011 5/24/2011 H3 .600 P.O. Code.... 22184 5/24/2011 5/24/2011 H .600 Project Code. 5/24/2011 5/24/2011 H .600 Final Payment P Liquid. 5/24/2011 5/24/2011 H5 .600 Type of 1099. N BOX. Addl. 6/21/2011 6/21/2011 H3 .600 Fixed Asset.. Y Date Released 5/24/2011 Date Cleared. 5/31/2011 E F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View Select Record(s) or Use Action Code • TOWN OF SOU7NOLD • VENDOR 003079 CASHIN ASSOCIATES, P.C. 05/24/2011 CHECK 110104 FUND & ACCOt1NT P.O.# INVOICE DESCRIPTION Ap~p(JNT H3 .8660.2.600.100 22184 107 CONWAY EST. PHASE II fiSA 4,071.00 H .6660.2.600.100 22189 107 CONWAY EST.PHASE II ESA 1,829.00 H .8660.2.600.100 22189 107 CONWAY EST. PHASE II ESA 1,829.00- HS .8660.2.600.100 22184 107 CONWAY EST. PHASE II ESA 1,829.00 TOTAL 5, 900.00 4 y~ ~rv~l cry ~ , . - -~~1~~ -wii~?wr~-• +ri -+Yk~" ."YY~~.+nla?~W1~"` ~ ^rY6A?-W~•-wiY-- i ~ '"µp...+iY~w _yy" ~k'*'",+~"` ~"~-~ka°'~~•- ,.,fin "~•~y"_+~'~+~iW°~~`w?•r11Y+.~y~.~+illw?~~-~iY.'~y`+w4w~"~`-+Y+M"~`-rWMp~°n~tii?-+p1w.•'tlW" "yyo+~ ~y,'+y6dw.~" TOWN OF SOUTHOLD • VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 08/02/2011 CHECK 110938 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT HS .8660.2.600.100 7404-80567 CONWAY-RECORDING DEED 370.00 HS .8660.2.600.100 7404-80567 CONWAY-C OF O SEARCH 70.00 H2 .8686.2.000.000 TBR920 7404-80567 CONWAY-TITLE INS. POLICY 7,483.00 H2 .8666.2.000.000 TBR920 7404-80567 CONWAY-RECORDNG EASEMENT 370.00 H5 .8660.2.600.100 TBR920 7404-80567 CONWAY-FEE TITLE INS POL 3,186.00 I a - TOTAL 11,479.00 q i ~ ~ 5 ` m ~ i}~t ' ~ e y ~~.;1"i3~4 i' aSC~. f- I J,I ~iwY ~ , ~ _ I . 4 ~ r tt I -''w; &4 ~'I:t{~~rx1-I#`~la}W-~yH;~k,xl ~ - „oO0'~v ~ ~ c'+~p`Y% r~~\~~'6`mw,~~l ~ -wo~rr~a\~ sue: ~es~\~i ~s ~a\u- ~p`mw \\m4YY/r r/r%fi` \7Jrr ws\'c>O\ °srrN,aoA~ "G\Otiaw ~\~'§~"//i - " y 'aw r,,"`\\w~ ~ 7\t \ ^e~ rom0/irw>o >a%irti s error wrrc~c//rte' ~r)» r ~ t t " r r~rri Ui~a ro~%/~ "fir - . - , r - " -.,zK~~' '~xc(K m~,rr«>r, >kCCCV~ a>A"-" Q(~ "=zl<_ ~I Rm e, '.~ma x aim. y ~ \ bw ~p\wa~ ~ \\\e w~p.,, And ~ ~e' t. nr p ~hV~ 'w~mC: a ~Wi RiNm^ hm~'MI Vun ~Jh ~ph~N, ~p ~Otre\ ti\ a \Ft. e""'oYa u' WN~I ~ ~ ~~.„.o wi +d "pww iiiw '4W m i fir: ~Q oq M x..\ ~cu".y w . i ~11o11V~` a ~ r Sn ~ti~ ~ t' Wn ~ w,yy Sw irl,~` ~ h nlh Yw ~+y w~' i I~~~I ~IVI"~oi \`~`\"~'i~~ ui~ \~~V\~A',i. '~~""fi\~ul >u~ wli u'iV li w mi...~w r~l ~\~i dlin~". fl~ \ ~ o IdJ~~~,NU~ I~~ ~ u16Nt'w ~~I~ ',u#mhw" u~#~~~, M'I Nh h~ tom IS ~~V~i mi WII~~14~V8~~~., . ~ Ma ......u "`i it \\,,.I., a ~JS~ a q..; yy,~m Nlp ~ I `a~ z~: ~ ~ I bl~Y N~ a~"; ~ P .,yy~~ :S~IioVWtl`~~~~e^~'llo~~Ly..~ii yalw!li ~~'\O~VU '7"~a\wWli IYVV~''"\Yam+\~~!~wn~~~~IVii I~q~9Y~~ SON w~~°v~ ~\~ll« caw x4AO~~m nM.~l~,r'~Vh~M~~WO h~~I'il!Wv~i~IViwµ~ '\w\~~ _ mm'iNNMNhWWI~drt pew v.. 3>~^ a~jOr ~ p~ `L a d NV \1~ 1T. l~l~ , _ ~~'Tw \~~uhM ~mmIw14VIW r~h,~uur~ ~~VNNwW mn~o'ul~Wuuw ,m .u ` w «a~. ~ .:w.t u1n~WINNhhm"~^ \hiIHIV~V~~a~i~~," Ww5»w~ NVi~tiN4ita ~lvw~".~WR ~tt»w\~°... a~~h,AVJWui ~vWVWhuYVU „q~~lutlwu ,mitlil'~W~'~~.. wwmKKl i rw~W,i~~'p°r lTk~`~*~'~M1l~,i~~~ m ~m .wol ~~~~~.~~.p. a M ~ i" ilhViihltlu W i m'f I pW i loll lNhh"" IdWr~Nlim ooNi w;d~ .s' k~ 1n~6m o~~AVNiI i ~ihiNW iMi~4l~lµ~`~1~^mMhl~hMM1N~~^~M""y" ~~hin^ um~iMiWNI ^&~'~ipUW iidVmihlti a ~u ^muliVUiVU oMWUU ju uV~pW wM1 im..~uuu iuYVw~ur pllm ~Vm eAm i ml w r ~ Ni~P 10dhiiN modal. ~ I~ m i w ~~o~~ N iW V~ -y4' ~ ,'~~"mIIT ~WWJO ~>r ~ ~ ~I~'F~.~ orb ilm~„~WL,N'uhy~-;wwm~Pii im omIN~ ii~~IW m~yyilNNuMIMi«I~uuNNIJW'iilll~ ~ 'mMMIN~'w o . a- "~,~fim" ,fin OhW ~ p I ;!r///r ~ rD~ r!%rl/' a~'u m uWV ~V'"mmmmA~ iO '~li' /r~~~ o0a ~ «,u°Rbl~ mM,~~ww Vu`~WW mINiµ,V~} ~V ~WNN_~ro~",r•,f. ~ ~ 1i0938ii ~7021405~464~: 63 000004 ~Oi~' TOWN OF SOUTHOLD • VENDOR 006013 PATRICIA FALCON 08/02/2011 CHECK 110936 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 TBR359 ST-11-11168 EDSON-TITLE CLOSER FEE 100.00 H2 .8686.2.000.000 TBR920 7404-80567 CONWAY-DEV RGHTS EASE. 100.00 HS .8660.2.600.100 TBR920 7404-80567 CONWAY-FEE TITLE 100.00 TOTAL 300.00 ~ ~ µ t., ,r~ 4 ~ ~ a .tea':,, j'~ ~'r~-~;+ a,~ <tµu. 3 T _ ~ p' 4} "`1i ~q ` L7, ~Z~ ~ Ana. ~-~~~~'°~O`~~ ~ -ate ~ ~ii/,~ yy„. - ~ ~ ` 'w/~//r7r z"^y~ ~ ~ ~lct'~~'~~" - v`~t~~I~ I~~~ #^t~~'6P'' ~w,a~~ti~ oMNm : ~ ~ . r" • „xmn , o b ~ ~.cufi ~~mm'h~W ~ ~~nN3'~ ~ a~u ~~IN~ ~.~~~~aVN~~ ~~i~~`~~"~~'o~~M4'~~~~ ~ ~ u~~^~ wow i.-. ~a~o~ ~u~~ i~ ~,w~~ua ~i~,~~~~~,'~w6aW~ a~~~~wm~m~..~~Y~w~ ~>u~~~ ~NN~~,~~c,~~~~~~a,~'~BMi~a~~'~~'~~~~~M~7~M°~~y~~~Muu.~~N,~. '"VA~~ ~ W llYi R~"~* V~ w'm iM1i o l ~ VAu y ~ bi ' ^WWi~l~la~ d~M" pe a ~ 0~ ~1~~ i ~ ~ ` Si ~ ~ 4w W ~ r~' 3w iml~i 2 'wuli~ . '^",~M~'u~'r'M~i1"~'~'#W~'''aM~'M#ill~~i~l~~m~ `~~'.,,i ~ ~ "ma~`~i~~~ ~ ~ ~,~„rp~~w~.a~, ~ ~@ u ~ of m W am ~°..1~ ~ m""^.~~i Uf@ o !'W~b~'~IIJ~ ~~~wXV~41NU i i~ wuµl~u 4N~~~~4~y ~1~'~0~ "'~'W~li~~i~-~V~'M''~"1~4 ' ~u~~"'~'tl~"~N~'°~"W~i ~ i ~ - ~ _ mm N mW4~uhhW a amV~d~im 48 - W " Y ilpM wia~+Wi _ I~ mip~ ~ ~ p'a'«°~la Syr - yr - ii'~iL0~36ii' ~.02L40546~~.~:~~ 6~3~~~~00~0004~Om` ~~d~ R ~ E C O R D E D E ~ A S E M E N T • i Ilillll IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII Illiil Ilill VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/16/2011 Number of Pages: 28 At: 04:01:59 PM Receipt Number 11-0091902 TRANSFER TAX NUMBER: 11-01185 LIBER: D00012668 PAGE: 570 District: Section: Block: Lot: 1000 054.00 07.00 021.007 EXAMINED AND CHARGED AS FOLLOWS ed Amount: $1,812,075.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $140.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG TP-584 $15.00 NO $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $215.00 TRANSFER TAX NUMBER: 11-01185 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL l JUDITH A. PASCALE Uti~~~~~~~~ County Clerk, Suffolk County SEP 1 6 Zp~~ DEPL OP(gND • PRESERVAT N 0~ Numbe[ of pages ~ RECOkGEt <'i ill Hua in Ua:01: `5 FI1 • ?UpITH G. F•u5r_uLE CLERI: nF This document will 6e public suFF~.Lr cr~ut.r, record. Please remove all L oonurz.~a F `70 Social Security Numbers oTU tt ul~` prior to recording. Decd /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 EEEs Page /Piling Fee Mongage Amt. 1. Basic Taz Handling 00 2. Additional Tax TP-584 ~ Sub Total Notation Spec./Assi[. / or EA-52 17 (County) Sub Total Spec. /Add. EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. ~ Dual Town Dual County Held for Appointment Comm. of Ed. 5. 00 + ~ Transfer Tax ~L{~'~_ Affidavit ' - ~ Mansion Tax Certified Copy ~ ~ The property covered by this mortgage is or will be improved by a one or [wo NYS Surcharge I5. 00 ~ family dwelling only. Sub Total YES or NO O[her _ • Grand Total~____~_~` If NO, see appropriate [ax clause on page # of this ins[mme t. 11017210 >ooo osaoo o~oo oz>oo~ ~ ~ 4 Dist. ppp P T S y. 5 Community Preservatio Fund Real Property REMC Tax Service gygOG_t Consideration Amount $ ~ l~ S. Agency Verification CPF Tax Due $ ti?X0 Improved 6 Satisfac[ions/Dischazges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land 076cA~viE Oozy s.e / TD I n TpaW,v a t S'D u~10~-0 D. SOX I~ ~`I TD ,S'eurr+n~b, NY //97/ ~ Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Co. Name www.suffolkcountyny.gov/clerk ~7D Ar~oniR~ TirZe Tide # Fie -7.¢ahC- 805b7-,f1lFf $ ~ Suffolk County Recording 8L Endorsement Page This page forms part of the attached 17,~i1/T eF ~EV~G/r1~~~/GHTS .~A fFm made b soh R. Conway, ~,+~rArvidt¢ally taS ~ypci*I-w (SPECIFI' TYPE OF INSTRUMENT) y~ -rr~~ ~ RdH k S CchwAay, as Ere[okr tTrus(e2 ~SfAli:. oc .Tu<iq rJ (~A, ~9Y ~.v0 The premises herein is situated in • /C-57An7Earrp,py j~ii s~-e< TpS~=/ /~'I CI~/tURy SUFFOLK COUNTY, NEW YORK. TO In the TOWN of ~DG7ffdl..Q ~D n/~F OU7Nr7 n In the VILLAGE ar HAMLET of ~OUn, feto _ BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. r~..o~, • GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on the ~ day of August, 2011 at Southold, New York. The parties are Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 individually and as Co-Executor of the ESTATE OF JULIA D. CONWAY, and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Executor of the ESTATE OF JULIA D. CON WAY, as to 50% interest, and Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Trustees of the Testamentary Trust of Joseph M. Conway, as to 50% interest (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, . identified as part of SCTM #1000-54-7-21.4 (formerly known as SCTM #1000-54-7-21.1) more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Peconic Surveyors, P.C., dated August 1, 2001 and last revised June 3, 2011 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #i, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for sod production; and • WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally • sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION EIGHT HUNDRED TWELVE THOUSAND SEVENTY-FIVE AND 00/100 DOLLARS ($1,812,075.00) 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 shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND 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 fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. 2 The Grantor, for itself, and for and on behalf of its legal • representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, 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 §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. • 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic and agricultural 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 Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. . 0.05 Baseline Documentation 3 Grantee acknowledges by acceptance of this Development Rights • Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated August 1, 2001, last revised June 3, 2011 prepared by Peconic Surveyors, P.C., a Phase I Environmental Site Assessment dated December 13, 2010 by Cashin Technical Services, Inc., a Phase II Subsurface Soils Investigation dated May 11, 2011 by Cashin Technical Services, Inc.; correspondence dated July 27, 2011 from Greg Menegio of Enviroscience Consultants, Inc. to Joseph Conway regarding soil remediation performed at the Property, and an aerial photograph dated 2004. Grantor and Grantee acknowledge and agree that in the event a • controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyge 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, 4 rights, terms and conditions. • 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as said Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration; Non-Meraer This Easement, which easement shall not merge with the fee but shall remain as a good and valid easement, separate and apart from any other interest of the Grantee, and is to remain and continue as an • existing and enforceable easement, shall be a burden upon and run with the Property in perpetuity. 5 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word °Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" and/or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION EIGHT HUNDRED TWELVE THOUSAND SEVENTY-FIVE AND 00/100 DOLLARS ($1,812,075.00) and such other good and valuable consideration, hereby grants, • releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, 6 surface or subsurface, is prohibited. Grantor shall not remove or fill • topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other • applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Such subdivision may not defect nor derogate from the purpose of this Easement or other applicable law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. • 7 3.05 Signs • The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The • Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development . rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No 8 improvements, uses or activities inconsistent with current or future • agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field • shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS • 4.01 Ownership 9 Subject to the provisions of ARTICLE THREE, Grantor shall retain • all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4,02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural • production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of l0 crops, livestock and livestock products as defined in §301(2)(a)-(j) of • the Agriculture and Markets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. • 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Existing irrigation well; (iii) New construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of • the structure remains agricultural; 11 (v) Notwithstanding anything to the contrary contained • in this Easement, lot coverage shall be limited to twenty (20) percent. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be • permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability 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, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such • conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this 12 Easement by reference, specifically setting forth the date, and that the • provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or • independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of 13 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 Grounds Maintenance Requirement If Grantor leaves the Property open and follow and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement an NRCS Plan (the "Plan") approved by the Land Preservation Committee. Grantor shall provide Grantee reasonable opportunity to initiate agricultural production or prepare the Property for agricultural production. Following the failure by the Grantee to reasonably comply after the completion of one growing season, Grantee shall have the right to enter the Property and restore, prepare and maintain the Property for future commercial agricultural use in order to protect the environmental, natural, scenic and agricultural values of the Property and to insure the Property remains viable for agricultural production. In the event Grantor fails to comply with the provisions of this section after the completion of one growing season, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property • to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem 14 necessary. However, Grantor shall not be liable for any changes to the • Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and • expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or • violation of any term, condition, covenant or obligation under this Easement. 15 Grantor shall pay either directly or by reimburserYient to • Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business . days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken . or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the 16 Property shall not be subject to the limitations and restrictions of this • Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby, in accordance with Section 7.11 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandina 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 is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. • 7.03 Alienation 17 No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by . this Easement. 7.04 Severabilitv Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governin4 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 18 this Easement shall be construed against the party whose attorney • drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordin4 Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The 19 Proportionate Share is determined by dividing the value of this • Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated November 18, 2009 and updated November 23, 2009. The Proportionate Share is 66.6%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). 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: EST E OF JULIA D. CONWAY, Grantor BY: t~-trr5 C/ l:~ Job ph A./Conway, Co-Executor BY: Robert .Conway, Co-Executor • seph A. Conway, Indiv' ually TESTAMENTARY TRUST OF JOSEPH M. CONWAY, Grantor .)~seph A. Conway, C -Trustee BY: Robert Cone, -Trustee ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: S tt A. Russell, Supervisor 20 State of New York ) County of S,u«c~k ss: On the day of Ait4us'f in the year 2011 before me, the undersigned, personally appeared Joseph A. Conway, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the inst/r~ument. y `l Q,~l~.it. ~T Signature%ffice of individual taking acknowledgement PATflIC1A L. FALCON Notary No~101 FA4950146 w York STATE OF NEW YORK ) Qualified In Suffolk County ~ COUNTY OF SUFFOLK ) SS: Commission Expires April 24, p~ On this ,3~day of AZlG . in the year 2011 before me, the undersigned, personally appeared Robert J. Conway personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they • executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L. FALCON Notary Public, State Of New York No. OtFA4950146 STATE OF NEW YORK ) Qualified In Suffolk County COUNTY OF SUFFOLK ) SS: Commission Expires April 24, ~'/S On this~~day of AuG , in the year 2011 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. -~~.c-~~ ~ fin, Notary Public PATRIGA L FALCON Notary Public, State Of New York No. OtFA4950146 Qualified in Suffolk Courtly • Commission Expires April 24, ~ FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. FIO-7404-80567SUFF SCHEDULE A-1 (Description) (Continued) DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; 1) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. C. Conway to the point or place of beginning; KUNNING "fHENCE the following two courses and distances along land now or formerly of T. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: South 40 degrees 28 minutes 30 seconds East, 93.05 feet; South 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet; 'fHENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet; THENCE South 37 degrees 13 minutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello; THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to land now or formerly of Damianos; TI{ENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. E POLICY TO BE /SSUED under this commitment wit/ insure the (it/e to such buildings and improvemen(s on the premises which y law consli(ule rea! property. FOR CONVEYANC/NC ONLY. Toge(her with a/l the right, (itle and interest of the part of the first part, of in and (o [he land lying in the s7ree! in iron( of and adjoining said premises. SG-(ED ULE A-7 (Description) • U v I? V r NNINCS PD. SURVEY FOR THE T-O WN -OF SO UTHOZD AT SOUTHOLD TOWN OF SOUTH4LD SUFFOLK COUNTY, N. Y. ~ ,1000-54-07-21.1 g SCALE.' 1"-7pp' ~ SITE ~ aueusr 1, zeal , AUGUS°',1,lioro (ApO n~)'~~s~-o)-al.l kRfNApv) SERiEMBER 1$ 1010 (Rf19gpNg) OC70BER 19, 200 (GEYflLI°MENT R/p/1S EASfMENiJ .A/Nf J, 1011 (RfNgdVS) I I ~~(~C~OM~D / JUN - a 20» SCALE ~ ~=600' P, D JENNINCS RD. i m A O N m O T b. JSIrn.. N, 0 N w 0 m U N ,gSEPH CONWAY ~O N/o/F S 47"34'00' W 20500, _ 59293' I 1 N 47'34'00' E to N ~ ~ N/0/F T. & L.W~"'Ar z m N ~ 0 `,y m E 197bb' h m mM N 4734'00' C ''i m m ~ ~ o m a peu Mid i Z~ N ~y a to I ~ m i ~ / 7 PREA m 7I 7 pIGHiS EASEM~ m 2 77EVELLPNEN m .3 pAEA=28.9932 AL(iE _ W ~ 1 ~ ' 4 y O LANE 527.E S 3713'19 E $ORTON na.or : 4 799.75' _ ~ S reg E ~~1~ ZE ~o UU ~ m HII IN ~ G i ~ NJTStB"W _ 1~ ~i Q • Y g~ y s 7 ~1\ x--x-.r-•~-"- •-r-s-•-r---x-e-•- - _ _ _ - - - _ -..rte-=~= N 34'18'58' V 451.87' N 35"8226' N 970.14' N.~O/F A9MIANOS • ~ 7 I~ f s RESERVED AREA i ` AREA=80,000 S0, FT, ! 0 O_ V 1 7 !0'. p MCC~S l u xxos 9:739' ( S 48'29'30' W ! p WO/F ABEA7TE~-L0 II I i I i y~lPt NC i g" i ~ CERTIFIED TO: TORY) OF SOUTROLD FfDfUTY NATIONAL DTL£ INSURANCE COMPANY r'f+~ AREA=30.8297 ACRES avr umwnav cw Amm~av ro txts su+ver Ir a VraAna 4' SECTIR! J209 Q- rIE rty yp~ STa1[ ERC4ifON LAU. EDDA'!C RVEYOR: CONTOUR LINES FROM TQ°(KRgPHlC MAP FNE EASTERN TOWNS Ki+EPV AflE vaLiu Fp~i~S ~ ~ ~tE,s' ~y ~1f°'~ L631 J 765 - 59?0 FAX SAID lN^ CR C~fES HEAR M 1K'IffSSED SEAL CF TFC SIRK~p4 • =MONUMENT P, D. BOX 989 YiU3E SfGW ILNC MPEggS hCREpt ~ =STAKE SET - 1?30 TRAVELER STREE ~ SWTFgLD, NY. 11971 • a .a, IF L ~'w~G o m ~ vuv RESERVED AREA a a I AREAs80, 000 S0, FT, ~ ~ I ~ m mcc a rows xaos 917.39' 1 ry.--r S 48'29'30' V N/O/F AHHATIELLO - ~ i I S~OF NEFyr 2SC ~yt.ME7iac~ a ~ k i CER77FlED TO: - IOWN Of SWTNOLO, \ FIDELITY NA AONAL ARE INSURANCE COMPANY 30'OG`~7 ACI lEU A4Y ALTERATI(Yy pp gpD7fIW TO TMS SWVCY IS A vICCAifCN 49618 ~ SECTION ]2D9 OF iFF AEV ro'a Sia TE EILCAitOV IAV. £CONIC RY6YORS, P. C. EXCEOi AS PEH SECTION T2D9-WBDIVISION 2 ALL GERTIDICATI6V5 (631) 765 - 5020 FAX (631) 765-1797 IVES FRCM TOPOGRAPHIC MAP F)VE EASTERN i0 WNS MERE[N AAE vq.ID FOR TWS WJ AYD CITIES ]~{q~ QV. Y fi ' SAf? HA^ O9 CO°!ES BEM ?pIFSSE? SEAL pf ih£ $LR VEYPR ¦ =MONUMENT P. D. BCX 909 ' I+TOrE sfavarLRE A°AEnRS rERron 1230 TRAVELER STREET - ~=STAK£ SE7 SWT{,OLD, NY. 11971 . Q ~-z2 0 i T ~ I T L E P O L I ~ C Y • Fidelity National Title Insurance Company • Policy Number: 27-031-06-33- 5 4 7 9 2 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 1S of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; • (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The tens "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing im- provements located on adjoining land. 3. Unmazketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating [o (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection FORM 27-031-0Cr33 (6/08) ALTA Owner's Polic 6-17- y ( 0~ w/New York coverage Endorsement Appended if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a govemmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extern of the • enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a govemmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the tide [o or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Tide as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i)~ to be timely, or - (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. ]0. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior [o the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by [his Policy, but only to the extent provided in the Conditions. • IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy [o be signed and sealed by its duly authorized officers. Fidelity National Title Insur/a//n~lce Company ~m~ By. n.1J~iI~~ FS 7 (J I(~ PresideN ATTEST r 1~----'--~. Secretary • Countersigned: Auhtorized Signature PORM 27-031-0633 (6/OR) t ALTA Owner's Policy (6-17-06) whew York coverage Endorsement Appended 14. ARBITRATION 16. SEVERABILITY Either [he Company or the Insured may demand that the claim or wntroversy In the event any provision of this policy, in whole or in pan, is held invali shall be submitted [o arbitration pursuant [o [he Title Insurance Arbitration Rules oC [he unenComeable under applicable law, the policy shall be deemed not to include American Land Title Association ("Rules"). Except as provided in the Rules, there provision or such part held to be invalid, but all other provisions shall remain in shall be no joinder or consolidation with claims or controversies of other persons. force and effect. Arbitrable matters may include, but are not limited [o, any controversy or claim between ~he Company and [he Insured arising out of or relating to this policy, any service in 17. CHOICE OF LAW; FORUM connection with its issuance or the breach of a policy provision, or [o any other (a) Choice of Law: The Insured acknowledges the Company has underwr controversy orclaim arising out ofthetransaction giving risem this policy. All arbirable the risks'covered bythis policy and determined the premium charged Chet matters when [he Amount of Insurance is $2,000,000 or less shall be arbitrated a[ the in reliance upon [he law affecting interests in real property and applic option of either the Company or the Insured. All arbitrable matters when [he Amount to the interpretation, rights, remedies, or enforcement of policies of of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both insurance of [he jurisdiction where the Land is located. [he Company and [he Insured. Arbitration pursuant to [his policy and under [he Rules Therefore, the court or an arbi[[aror shall apply [he law of the jurisdic shall be binding upon the parties. Judgment upon the award rendered by lheArbitta[or(s) where the Land is heated to determine the validity of claims against may be entered in any court of competent jurisdiction. Title that are adverse to the Insnred and to interpret and enforce the tern this policy. In neither case shall the court or arbitramr apply its conflic 15. LIABILITY LIMITED TO THIS POLIGY; POLICY ENTIRE CONTRACT law principles to determine the applicable law. (a) This policy together with all endorsements, if any, attached to it by the (b) Choice of Forum: Any litigation o[ other proceeding brought by the Ins Company is the entire policy and contract between the Insured and the against the Company must be filed only in a state or federal wort wi[hit Company. In interyreting any provision of this policy, this policy shall be United States oCAmerica or its territories having appropriate junsdiai constmed as a whale. (b) Any claim of loss or damage that arises out of the status of the Title or by 18. NOTICES, WHERE SENT any action asserting such claim shall be restricted m [his policy. Any notice oC claim and any other notice or statement in writing required t (c) Any amendment of or endorsement to this policy must be in writing and given to the Company under this policy must be given to [he Company at authenticated by an authorized person, or expressly inwrporated by Sched- ule A of [his policy. Fidelity National Title Company (d) Each endorsement [o this policy issued at any time is made a part of [his Attn: Claims Department policy- and is subject to all of its terms and provisions. Except as the en- P.O. Box 45023 dorsement expressly states, i[ does no[ (i) modify any of the terms and pro- Jacksonville, Florida 32232-5023 visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (Sv) increase the Amount of Insurance. • • FORM 27-031-06-33 (6/08) ALTA Owner's Policy (6-17-06) w/New York coverage Endorsemem Apl Fidelity National Title Insurance Company , , Policy No.: 27-031-06-33-54792 Title No.: F10-7404-80567SUFF SCHEDULE A Amount of Insurance: $1,812,075.00 Date of Policy: August 3, 201 I at 9:00 AM I . Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Grant of Development Rights Easement 3. Title to the estate or interest in the land is vested in: Town of Southold Grant of Development Rights Easement made by Joseph A. Conway, individually and as Co-Executor of the Estate of Julia D. Conway and Robert J. Conway, as Co-Executor of the Estate of Julia D. Conway as to 50% interest and Joseph A. Conway and Robert J. Conway as Co-Trustees of the Testamentary Trust of Joseph M. Conway, as to 50% interest dated August 3, 201 I, recorded August 16, 201 1 in Liber 12668 page 569. 4. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. • Schedule A Owner s Policy Paee I Rcv. (U2/04) Fidelity National Title Insurance Company Policy No: 27-03 I -06-33-54792 Title No.: F 10-7404-80567SU FF SCHEDULE A-1 Description AMENDED 06/15/11 OVERALL DESCRIP'T'ION ALL, that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; I) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. C. Conway to the point or place of beginning; RUNNING "THENCE the following two courses and distances along land now or formerly of T. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; TIiL-;NCF, the following 3 courses and distances along the southwesterly side of Norton Lane: 1) South 40 degrees 28 minutes 30 seconds East, 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East,799J5 feet; 3) South 37 degrees 13 minutes 18 seconds East, 527.03 feet to land now or formerly of Abbatiello; THENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West, 91739 feet to land now or formerly of Damianos; THENCE the following three courses and distances along land now or formerly of Damianos: I) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. DEVELOPMENT RIG11'I~S EASEMENT ARI?A ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Schedule A-1 (Description) Owner s Policy Paee 2 Rev. (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY PolicyNo.: 27-031-06-33-54792 TitleNo.: FLO-7404-80567SUFF • SCHEDULE A-I Continued BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; I j southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. C. Conway to the point or place of beginning; RUNNING THENCE the following two courses and distances along land now or formerly of T. & C. Conway: I) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: I) South 40 degrees 28 minutes 30 seconds East, 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet; THENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet; THENCE South 37 degrees 13 minutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello; THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to land now or formerly oCDamianos; THENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes SOseconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formcrly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. FOR INFORMATION ONLY - "Reserved Area" ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane where the same is intersected by the northerly line of land now or formerly of Abbatiello; RUNNING THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 193.77 feet: THENCE North 37 degrees 13 minutes 18 seconds West, 414.01 feet; THENCE North 48 degrees 29 minutes 30 seconds East, 193.77 feet to the southwesterly side of Horton Lane; Schedule A-I (DCSCnpuon) Owner's Policy Page 3 Rcv. (U2/U4) FIDELITY NATIONAL TITLE INSURANCE COMPANY PolicyNo.:27-031-06-33-54792 TideNo.: F10-7404-80567SUFF • SCHEDULE A-1 Continued THENCE along the southwesterly side of Holton Lane South 37 degrees 13 minutes 18 seconds East, 414.01 feet to the point or place of [3EGINNING. • • Schedule A-I (Description) Owner's Polley Page 4 Rcv. l02/04) Fidelity National Title Insurance Company Policy Number 27-031-06-33-54792 Title No.: FIO-7404-80567SUFF SCHEDULE B -PART I 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: 1. Survey made by Peconic Surveyors, P.C. dated 08/01/01 and last dated 06/03/11 shows part of premises as farm field and pair of premises improved with a 2 story frame house; frame garage; 2 frame barns; 3 frame buildings. Fences vary with part of westerly and part of southerly record lines. • • Schedule B Owner's Policy Page 5 Rev. (02/04) Fidelity National Title Insurance Company , , STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) I . The following is added as a Covered Risk: "I 1. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Nmnber 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as patt of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior • endorsements. Fidelity National Title Insurance Company ~ SEAL ATTEST ,/i~ SacrMary • Sl ANDARD NCW YORK GNDORSf M8N"f (I I / I /OR) FOR USF, WI"Fli AIaA LOAN POLICY (6-17-0F) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' Cees, or expenses [hat arise by reaso oL L (a) Any law, ordinance, permit, or governmenml regulation (including those relating m building and zoning) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of [he Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iu) [he subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or govemmemal regulations. This Exclusion 1(a) does no[ modify or limit the coverage provided node Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does no[ modify or limit the coverage provided under Covered Risk 6. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed [o by the Insured Claimam; (b) not Known to the Company, not recorded in the Public Records a[ Dale of Policy, but Known to [he Insured Claimant and not disclosed in writing to [he Compan by the Insured Claimam prior to [he date the Insured Claimant became an Insured under [his policy; (c) resulting in no loss or damage to tfie Insured Claimant; (d) attaching or created subsequent [o Dale of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and l0); or (e) resulting in loss or damage that would not have been sustained if [he Insured Claimant had paid value for the Title. 4. Auy claim, by reason of the operation of federal bankruptcy, state insolvency, or similar credirors'rights laws, that the transaction vesting [he Title as shown in Schedul A, is (a) a fraudulent conveyance or fraudulent transfer, or (b) a preferemial transfer for any reason not stated in Covered Risk 9 of this policy. 5. Aoy lien on [he Tide far real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and [he date of recordin of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS Covered Risk 5(d), "Public Records" shall also include environmental prc The following terms when used in this policy mean: tection liens filed in [he records of the clerk of [he United Sm[es Dis[ri~ (a) "Amount of Insurance": The amount stated in Schedule A, as may be in- Court for the district where [he Laud is located. creased or decreased by endorsement m [his policy, increased by Section (1) "Title": The estate or interest described in Schedule A. 8(b), or decreased by Sections 10 and l l of these Conditions. (k) "Unmarketable Tide". Title affected by an alleged or apparent matter [h. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. would permit a prospective purchaser or lessee of the Title or lender on th (c) "Entity": A corporation, partnership, tmst, limited liability company, or Title to be released from [he obligation to purchase, lease, or lend if there other similar legal entity. a contractual condition requiring the delivery of mazketable title. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes 2. CONTINUATION OF INSURANCE (A) successors to the Title of the Insured by operation of law as dis- The coverage of this policy shall continue in foroe as of Date of Policy in favor t [anguished from purchase, including heirs, devisees, survivors, an Insured, but only so long as the Insured retains an estate or interest in the Land, r personal representatives, or next of kin; holds an obligation secured by a purchase money Mortgage given by a purchaser froi (B) successors to an Insured by dissolution, merger, consolidation, [he Insured, or only so long as the Insured shall have liability by reason of warrantie distribution, or reorganization; in any transfer or conveyance of [he Title. This policy shall no[ continue in force i (C) successors to an Insured by its conversion to another kind of favor of any purchaser from the Insured of either (i) an estate or interest in [he Land, ~ Entity; (ii) an obligation secured by a purchase money Mortgage given to [he Insured. (U) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (I) if [he stock, shares, memberships, or other equity interests The Insured shall notify [he Company promptly in writing (i) in case of any litigatic of [he grantee are wholly-owned by [he named Insured, as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall wme to e (2) if [he grantee wholly owns [he named Insured, Insured hereunder of any claim of title or interest that is adverse to the Title, as insure (3) if the grantee is wholly-owned by an affiliated Entity of and that might cause loss or damage for which the Company may be liable by virtue ~ the named Insured, provided the affiliated Entity and the [his policy, or (iii) if [he Tifle, as insured, is rejected as Unmarketable Title. If 0 named Insured are both wholly-owned by the same person Company is prejudiced by the failure of the Insured Claimantto provideprompt notic or Emity, or the Company's liability to the Insured Claimam under the policy shall be reduced i (4) if the gran[ce is a t[ustee or beneficiary of a trust created the extent of the prejudice. by a written instrument established by the Insured named in Schedule A for estate planning purposes. 4. PROOF OF LOSS (ii) With regard m (A), (B), (C), and (D) reserving, however, all rights In the event [he Company is unable to determine the amount of loss or damage, d and defenses as m any successor that the Company would have had Company may, a[ its option, require as a condition of payment [hat the Insured Claims against any predecessor Insured. furnish a signed proof of loss. The proof of loss must describe the defect, lie (e) "Insured Claimant": An Insured claiming loss or damage. encumbrance, or other maser insured against by this policy [ha[ wnstitutes [he basis (f) "Knowledge"or "Known': Actual knowledge, not constructive knowledge loss or damageaud shall state, [o [he extentpossible, [hebasisofealcula[ing [he amou or notice [ha[ may be imputed m an Insured by reason of [he Public Records of the loss or damage. Or any o[he[ records that Impart eonstmc[ive notice of matters affecting [he Title. 5. DEFENSE AND PROSECUTION OFACTIONS (g) "Land": The land described in Schedule A, and affixed improvements that (a) Upon written request by [he Insured, and subject [o the options contained bylaw constitute real property. Theterm "Land" does not include any prolr Section 7 of these Conditions, the Company, at its own cost and witho erty beyond [he lines of the area described in Schedule A, nor any right, unreasonable delay, shall provide for [he defense of an Insured in litigatic • title, imues[, estate, or easement in abutting streets, roads, avenues, alleys, in which any third party asserts a claim covered by this policy adverse lanes, ways, or waterways, but [his does no[ modify or limit the extern that [he Insured. This obligation is limited to only those stated causes of attic aright of access to and from the Land is insured by [his policy. alleging matters insured against by this policy. The Company shall have tl (h) "Mortgage": Mortgage, deed of trust, wst deed, or other security instru- right m select eouosel of its choice (subject to the right of [he Insured ment, including one evidenced by electronic means authorized by law. object for reasonable cause) torepresent the Insured as to those stated taus (i) "Public Records": Records established under state statutes at Date of Policy of action. It shall not be liable for and will not pay [he fees of any o[6 for [he purpose of imparting constructive notice of matters relating [o real counsel. The Company will no[ pay any fees, costs, or expenses locum property m purchasers for value and without Knowledge. With respect to by the Insured in [he defense of those causes of action that allege matte FORM 74-03I-06-33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Append no[ insured against by this policy. [ized by [he Company up to [he time of payment and Ihaf the C (b) The Company shall have [he right, in addition to the options contained in pony is obligated to pay. Section 7 of these Conditions, a[ its own cost, N institute and prosecute any Upon the exercise by the Company oC either of the options provided (c action or proceeding or to do any other ac[ that in its opinion may be acres- subsections (b)(i) or (ii), [he Company's obligations to [he Insured m sary or desirable [o establish the Title, as insured, or [o prevent or reduce this policy for [he claimed loss or damage, other than the payments requ • loss or damage [o the Insured. The Company may take any appropriate to be made, shall terminate, including any liability or obligation to def action under the terms of this policy, whether or not i[ shall be liable ro [he prosecute, or continue any litigation. Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its S. DETERMINATION AND EXTENT OF LIABILITY rights under this subsection, i[ must do so diligently. This policy is a contract of indemnity against actual monetary loss or dart (c) Whenever the Company brings an action or asserts a defense as required or sustained or incurred by the Insured Claimant who has suffered loss or damage permitted by [his policy, the Company may pursue [he litigation to a final reason of matters insured against by this policy. determination by a wort of competentjurisdiction, and it expressly reserves (a) The extent of liability of the Company for loss or damage under this p< fie right, in its sole discretion, [o appeal any adverse judgment or order. shall no[ exceed the lesser of (i) [he Amount of Insurance; or 6. DUTY OF INSURED CLAIMANT TO COOPERATE (ii) the difference between the value of the Title as insured and the v (a) In all cases where [his pokey permi[sDr requires [he Company ro prosecute of the Title subject to the risk insured against by this policy. or provide for the defense of any action or proceeding and any appeals, the (b) If the Company pursues its rights under Section 5 of these Conditions ai Insured shall secure to the Company the right to so prosecute or provide unsuccessful in establishing [he Title, as insured, defense in the action or proceeding including the right to use, at its option, (i) [he Amount of Insurance shall be increased by IO%q and [he name of the Insured for [his purpose. Whenever requested by the Com- (ii) [he Insured Claimant shall have the right to have the loss or don pony, the Insured, at [he Company's expense, shall give [he Company all determined either as of the date the claim was made by the Ins reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or Claimam o[ as of the date it is settled and paid. defending the action or proceeding, or effecting settlement, and (ii) in any (c) In addition ro [he extent of liability under (a) and (b), [he Company will other lawful act [hat im the opinion of the Company may be necessary or pay those costs, attorneys' fees, and expenses incurred in accordance desirable to establish the Title or any other matter as insured. If the Com- Sections 5 and 7 of these Conditions. pony is prejudiced by the failure of the Insured to furnish the requited coop- eratioq the Company's obligations to [he Insured under the policy shall 9. LIMITATION OF LIABILITY terminate, including any liability or obliga[iom m defend, prosecute, orcon- (a) If the Company establishes the Title, or removes the alleged defect, lies time any litigation, with regard m the matter or matters requiring such co- encumbrance, or cures the lack of a right of access to or from [he Lam operation. tyres the claim of Unmarketable Title,all asinsured, in a reasonably dill (b) The Company may reasonably require [he Insured Claimant to submit to manner by any method, including litigation and the completion of examination under oath by any authorized representative of the Company appeals, it shall have fully performed its obligations with respect ro and [o produce for examinatioq inspection, and espying at such reason- matter and shall not be liable for any loss or damage caused to the Imsc able times and places as may be designated by the authorized representative (b) Ira the event of any litigating including litigation by [he Company or of the Company, all records, in whatever medium maim[ained, including the Company's wnswy the Company shall have no liability for Toss or G books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, age until there has been a final determination by a court of competent ji • tapes, and videos whether bearing a date before or after Date of Policy, that diction, and disposition of all appeals, adverse to the Title, as insured. reasonablypertain [o [he loss or damage.. Further, if requested by amy au- (c) The Company shall mot be liable for loss or damage [o [he Insured for li: thorized representative of [he Company, [he Insured Claimam shall gram its ity voluntarily assumed by the Insured in settling any claim or suit will permission, in writing, for any authorized representative of the Company to the prior written consent o(the Company. examine, inspect, and copy all of these records in [he custody or control oC a third party that reasonably pettxin to the loss or damage. All information 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF designated as confidential by the Insured Claimxn[ provided [o [he Com- ABILITY pony pursuant to this Section shall mot be disclosed m others unless, in [he All payments under this policy, except payments made for costs, attorneys' I reasonable judgmem of the Company, it is necessary in the administration and expenses, shall reduce the Amount of Insurance by the amount of the paymer of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or gran[ pennis- 11. LIABILITY NONCUMULATIVE slum to secure reasonably necessary information from third parties as re- The Amoum of Imaurance shall be induced by any amount the Company I quired in this subsection, unless prohibited by law or governmental regula- under any policy insu[ing a Mortgage to which exception is taken in Schedule B ~ lion, shall terminate any liability of [he Company under this policy as to which the Insured has agreed, assumed, or taken subject, or which is executed b [ha[ claim. Insured after Date of Policy and which is' a charge or lien on [he Title, and the am so paid shall be deemed a payment to the Insured under this policy. 7. OPTIONS TO PAY OR OTHERW ISE SETTLE CLAIMS; TERMINATION OF LIABILITY 12. PAYMENT OF LOSS In case of a claim under [his policy, [he Company shall have the following addi- When liability and the extent of loss or damage have been definitely tixe [fnal options: accordance with these Conditions, the paymem( shall be made within 30 days. (a) To Pay or Tender Payment of the Amount of Insurance. To pay or [ender payment of the Amount of Insurance under this policy 13. RIGHTS OF RECOVERY UPON PAYMENT' OR SETTLF,MENT together with any costs, attorneys' fees, and expenses incurred by the In- (a) Whenever the Company shall have settled and paid a claim under this po cured Claimant that were authorized by the Company up to the time ofpay- i[ shall be subroga[ed and entitled to the rights of the Insured Claimai mentor tender of payment and [hat the Company is obligated to pay. the Title and all other rights and remedies in respect to the claim lha'~ Upon the exercise by the Company of [his option, all liability and obliga- Insured Claimant has against any person or property, to the extern of Lions of the Company to the Insured under this policy, other than to make amount ofany loss, vests, auomcys' fees, and expenses paid by the Camp the payment required in this subsectiog shall terminate, including any li- Dreques'ted by [he Company, the Insured Claimant shall execute down ability or obligation to defend, prosecute, or continue any litigation. to evidence the transfer to the Company of these rights and remedies. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant shall permit the Company to sue, wmpromisc, or sett Insured Claimant. the name of the Insured Claimant and [o use the name of the Insured Claii (i) To pay or otherwise settle with other parties for or in [he name of am in any transaction o[ litigation involving these rights and remedies. • Insured Claimam any claim insured against under tltis policy. In addi- If a payment on acwum of a claim does not fully cover the loss of [ion, the Company will pay any vests, attorneys' fees, and expenses Insured Claimant, the Company shall defer the exercise of its right to rec inwred by the Insured Claimant that were authorized by the Com- mail after the Insured Claimant shall have rewvered its loss. pony up to the time of paymem and that the Company is obligated to (b) The Company's right of subrogation includes the rights of the Insure pay; or indemnities, guaranties, other policies of insurance, or bo'. (ii) To pay or otherwise settle with the Insured Claimant the loss or dam- notwithstanding any terns or conditions contained in those ins[mments age provided for under this policy, together with any vests, attorneys'' address subrogation rights. fees, and expenses incuaed by the Insured Claimant that were autho- FORM 74-031-06-33 ALTA Owner's Policy (6-17-Ofi) w/New York coverage Endorsement Appel _ FIDELITY NATIONAL TITLE INSURANCE COMPANY TM Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 S • O D L E A S E • • LEASE • This LEASE, made the ~ 1~day of August, 2011, between the Town of Southold, 54375 State Route 25, Southold, New York 11971 (hereinafter called the "Lessor', and Briarcliff Sod, Inc., 43635 Route 25, Peconic, New York (hereinafter called the "Lessee'. WITNESSETH: The Lessor hereby leases to the Lessee ±29 acres of certain real property located in the County of Suffolk, State of New York, further identified as part of S.C.T.M. # tooo-sa.-~-zi .u ,and located at 4395 Horton Lane, Southold, New York, as described on Schedule A, and hereinafter referred to as the "Premises"; The Premises consist of relatively flat terrain and an irrigation well and piping; The Premises are to be used and occupied for the growing and harvesting of sod and cover crop, in accordance with State and County agricultural district parameters and for no other purpose. The term of this Lease shall commence on August 3, 2011 and terminate February 29, 2012 unless otherwise extended or earlier terminated pursuant to the further provisions of this Lease. • Lessee shall not use the Premises or any part thereof for any purpose other than the purpose stated above or in violation of any law or ordinance. The Lessee will pay to the Lessor for the use of the Premises a rent of $500.00 per month. This Lease shall be subject to the following conditions: FIRST: Lessee shall maintain, at its stile cost and expense, the irrigation well and piping on the Premises. SECOND: Prior to the termination of this Lease, Lessee shall harvest the existing sod crop and thereafter shall plant a suitable cover crop. THIRD: At Lessee's sole option, this Lease may be extended beyond February 29, 2012, to continue on a month-to-month basis. In such event, Lessor may terminate the Lease upon 30 days' written notice. FOURTH: If Lessee wishes to plant a new sod crop in 2012, Lessee shall provide Lessor with at least 60 days' prior written notice. Upon receipt of such notice, Lessor may, at its sole option, terminate this lease prior to the expiration of its term and upon 30 days' written notice. • FIFTH: Lessee covenants that working, storage, digging or packaging material or equipment shall only be left about the Premises on a temporary basis in accordance • with normal agricultural practices. In no event is dumping permitted on the Premises or adjoining property. SIXTH: The failure of Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies that the Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. SEVENTH: Lessee shall indemnify the Lessor against and save Lessor harmless from any and all claims, demands and lawsuits or judgments arising out of the use of the Premises during the term of this Lease. Lessee agrees to carry and maintain at his awn cost and expense throughout the entire term of this Lease a policy or policies of insurance in which the Lessor shall be named as an insured, insuring against death or injury to persons and damage to property in an amount not less than $2,000,000.00 combined single limit for both bodily injury and property damage liability type claims. Prior to taking possession of the demised Premises, Lessee shall deliver to Lessor a certificate of the insurance company issuing such insurance, evidencing such coverage. EIGHTH: In the event Lessee defaults in performing or observing any of the covenants or conditions of this Lease and does not cure such default after thirty (30) days written notice thereof by Lessor, Lessor may, at Lessor's option, terminate and • cancel this Lease, re-enter the Premises and dispossess the Lessee•or any other occupant of the Promises and remove their effects and take possession of the Premises and hold the same as if this Lease had not been made, and the Lessor shall not be precluded from any other remedy in law or in equity. NINTH: Lessee shall not make any additions or improvements to the Premises, including but not limited to wells and irrigation piping, without the prior written consent of Lessor. Upon the termination of this Lease, the Premises shall be returned to its original condition and any improvements made by Lessee pursuant to this Lease shall be removed from the Premises by Lessee at its sole cost and expense, unless otherwise agreed by the parties. TENTH: Lessee shall at the expiration, or sooner termination, of the term of this Lease, yield up the Premises in good condition and order to the Lessor. ELEVENTH: Lessee may not assign this Lease nor sublet any portion of the Premises. TWELFTH: Lessee must, at Lessee's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, insurance carriers, or Board of Fire Underwriters, or similar group. • z THIRTEENTH: If Lessee fails to correct a default after notice from Lessor, Lessor may correct it for Lessee at Lessee's expense. The sum Lessee must repay to Lessor • will be additional rent payable to Lessor within fifteen days after written demand. FOURTEENTH: If any provision of this Lease is invalid or unenforceable as against any person or under certain circumstances, the remainder of this Lease and the applicability of such provision to other persons or circumstances shall not be affected thereby. Each provision of this Lease, except as otherwise herein provided, shall be valid and enforceable to the fullest extent permitted by law. FIFTEENTH: Any bill, statement or notice must be in writing and delivered or mailed to the Lessee at the address shown on the first page of this lease and to the Lessor at the address shown on the first page of this lease. It will be considered delivered 3 business days after mailing, or if not mailed, when left at the proper address. Any notice must be sent by certified mail and return receipt requested. Lessor and Lessee must send written notice to the other party if their respective address changes for purposes of notices under this Lease. Notices to Lessor shall also be sent to Melissa Spiro, Land Preservation Coordinator, Department of Land Preservation, Town of Southold, 54375 State Route 25, P.O. Box 1179, Southold, New York 11971. SIXTEENTH: This Lease can be changed only by an agreement in writing signed by the parties to the Lease. • - SEVENTEENTH: The Lessee covenants to pay reasonable attorney's fees and other legal expenses made necessary by the breach of any covenant or term of this Lease, or any default in the performance of any act or duty agreed to be performed. This covenant shall survive the termination and/or expiration or the lease term. EIGHTEENTH: Each party represents to the other no broker brought about the signing of this agreement. NINETEENTH: The parties acknowledge that the Premises will be offered for sale by Lessor. Nothing herein shall prohibit Lessor from entering the Premises to show same to prospective buyers, and Lessee shall cooperate with Lessor to make the Premises available to prospective buyers and their agents. TOWN OUTHOLD BY: Scott A. Russell, Supervisor RIARCLIFF SOD, IN . BY: C~ • Donald . W' censki, President 3 OFFICE LOCATION: MELISSA A. SPIRO ~F $OUjy Town Hail Annex LAND PRESERVATION COORDINATOR O~~ 0~ 54373 State Route 25 • melissaspiro@[ownsouthold.ny.us h O (corner of Main Road & Youngs Avenue) Telephone(53l)765-5711 ~ ~ Southold, New York Fecsindle (631) 765-6640 ~ Q • ~O MAILING ADDRESS: ~I.fCOU~ P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION - TOWN OF SOUTHOLD August 15, 2011 Donald J. Wilcenski, President Briarcliff Sod, Inc. 43635 Route 25 P.O. Box 180 Peconic, NY 11958 Re: Sod Lease @ Conway Farm, Southold • Dear Mr. Wilcenski: Enclosed, please find your copy of the fully executed sod lease,. dated August 11, 2011, between Briarcliff Sod, Inc. and the Town of Southold on property formerly known as the Conway Farm located on Horton Lane in Southold. Sincerely, ~ iXj~ ~C~ Melanie D ki Sr. Administrative Assistant enc. cc: Southold Town Clerk w/ original sod lease Southold Town Attorney w/ sod lease copy • ASSIGNMENT OF LEASE AGREEMENT • KNOW THAT Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 individually and as Co-Executor of the ESTATE OF JULIA D. CONWAY, and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Executor of the ESTATE OF JULIA D. CONWAY, as to 50% interest, and Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Trustees of the Testamentary'Trust of Joseph M. Conway, as to 50% interest (collectively, the "Assignor") in consideration of TEN ($10.00) DOLLARS paid by the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 ("Assignee', and for other good and valuable consideration, hereby assigns unto the Assignee, its successors and assigns, a certain Lease Agreement Made Between Julia Conway & Briarcliff Sod, Inc. ("Briarcliff") dated August 6, 2007 (the "Lease', for premises known as 4395 Hortbn's Lane, Southold, New York, together with the use of the irrigation well and piping. TO HAVE AND TO HOLD, the same unto the Assignee, its successors and assigns, from the 3rd day of August, 2011, subject to the rents, terms, covenants, provisions and conditions contained therein. • IN WITNESS WHEREOF, the Assignor has caused this instrument to be executed on the date set forth. Dated: August,, 2011 ESTATE OF JULIA D. CONWAY, Assignor BY: seph A. Conway, Co-Executor BY:1~~~~ Robert J. Conway, Co- xec r ~ ~ seph A. Conway, dividually TESTAMENTARY TRUST OF JOS H M. C~O}NWAY, Assignor BY: ~ Jose A. Conway, Co-T ustee Robert J. onway, C~rrust-~---ee State of New York ~ ) Countyof-ems ss: On the 3~ day of KLG(t . in the year 2011 before me, the undersigned, personally appeared Joseph A. Conway personally known to me or proved to me on the basis ofsatisfadory evidence to be the individua/ (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/theirsignature(s) on the instrument, the individual(s), or the person upon beha/f of which the individual(s) ailed, executed the instrument. ~ Signature%~ce of individual taking acknowledgement State of New York ) PATRICIA L. FALCON County of 1 FCOrX ss: Notary Public, State Of New York No. Ot FA4950146 Qualified In Suffolk County Commission Expires April 24, old/S~ On this 3~day of ~clG • in the year 2011 before me, the undersigned, persona//y appeared Robert J. Conwaypersona/ly known to me or proved to me on the basis ofsatisfadory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknow/edged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument ~~,s/~>a ~ ~~ID.P~, Notary Public PATRICIA L. FALCON Notary Public, State Of New York No. 01FA4950146 Qualified In Suffolk County ~ Commission Expires April 24, oZD is Z N • y S A G M K ~ T S W A I V E R • _y. WAIVER • NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner ofd'8, 993aL acres of active farmland and/or ~ acres of non-farmland, situated at Suffolk County Tax Map No. 1000-54-7-21.4 (formerly known as Suffolk County Tax Map No. 1000-54-7-21.1) that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner • TOWN OF SOUTHOLD ESTATE OF JULIA D. CONWAY, Grantor BY: ~ ~ Q SCO A. RU SELL, Supervisor seph A. Conway, Co-Executor 53095 Route 25 P.O. Box 1179 BY: ` Southold, NY 11971-0959 (631) 765-1889 ert .Conway, o-Executor J seph A. Conway, Individually TESTAMENTARY TRUST OF SEPH M. O AY, Grantor BY: _ ~j l~~ seph A. Conway, Co rustee BY: ~rtaii Rober .Conway, o-TCy rustee • A. • STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the day of 2011, before me personally appeared SCOTT A. RUSSELL, 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 ) PATRICIA L. FALCON Notary public, State Of New York SS: No. O1FA4950146 County of FGd,cK Ctualifiad In Suffolk County Commission Expires April 24, oZ0/,5~ • On the day of ~u~, in the year 2011 before me, the undersigned, personally appeared Joseph A. Conway, personally known to me or proved tome 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 helshe/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. -l'Q.~ i dro ~ -Q~°~ Notary Public STATE OF NEW YORK PATRICIA L. FALCON ) Notary public, State Of New York SS: No. O1FA4950146 COUNTY OF SUFFOLK Qualitied In suffolk County i ) Commission Expires April 24, ~/S On this~~day of At[6, in the year 2011 before me, the undersigned, personally appeared Robert J. Conway personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public Notary Pub ic' State Of New York No. 01 FA4950146 t?u siiiied !n ~:uTtoik County Commission Expires April 24, olio ~S STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS lOB Alrllne Drive Albany, Nea York 12235 Division oJAgricultuml Protection and Development Services 618457-7076 Fax. 51 845 7-2 71 6 September 19, 2011 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Bax 1179 Southold, NY 11971-0959 Re: Waiver -Suffolk County Agricultural District #1 -Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: • Estate of Julia D. Conway, Joseph A. Conway, Co-Executor Robert J. Conway, Co-Executor Joseph A. Conway, Individually Testamentary Trust of Joseph M. Conway, Grantor Joseph A. Conway, Co-Trustee Robert J. Conway, Co-Trustee The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, ~ ROBERT SOMERS, Ph.D Mana er A ricultural Protection Unit Cc: I Ken Schmitt, Suffolk County AFPB Chair W ~ ~ ~ ~ U File: AP11/044-W SEP 2 3 2011 DEPT. OF LAND PRESERVATION N • Y S D E C R E ~ G I S T R Y • New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property, 5~h Floor ~25 Broadway, Albany, New York 12233-4256 hone: (518) 402-9442 • Fax: (518) 402-9028 Website: www.dec.nv.oov Joe Martens Commissioner September 13, 2011 Town of Southold Department of Land Preservation P.O. Box 1179 Southold, NY 11971-0959 Attn: Melissa Spiro Dear Ms. Spiro: We have received in our office the following conservation easements: ~ CE: Suffolk 552 Grantor: Joseph A. Conway et al. Liber: D12668 Page: 570 The conservation easements cited above have been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about these parcels, please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, ~ Carmen L. Masters SEP ~ 6 2011 Acting Land Acquisition Section Chief Bureau of Real Property • DEPT.OF LAND CLM:gm PR SERVAI!ON OFFICE LOCATION: MELISSA A. SPIRO QF SCUT Town Hall Annex .LAND PRESERVATION COORDINATOR y~ 54375 State Route 25 melissa.spiro@town.sou[hold.ny.us ~ l~ (come[ of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 ~ ~ ~O MAILING ADDRESS: OlyCO~~ P.O. Box 1179 + Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 8, 201 I NYSDEC Bureau of Real Property 625 Broadway, 5`s Floor Albany, NY 122334256 Attention: Cazmen Masters Re: Conservation Easements Registry CONWAY ESTATE to TOWN OF SOUTHOLD Dear Ms. Masters: Enclosed please find a certified copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: • GRANTOR: Ioseph A. Conway, individually and as Co-Executor of the ' Estate of Julia D. Conway, and Robert J. Conway, as Co- Executor of the Estate of Julia D. Conway, as to 50% interest, and Joseph A. Conway and Robert J. Conway, as Co-Trustees of the Testamentary Trust of Joseph M. Conway, as to 50% interest GRANTEE: Town of Southold SUFFOLK CO RECORDMG DATE: August 16, 2011 LIBER: D00012668 PAGE: 570 LOCATION: 4395 Horton Lane, Southold EASEMENT ACREAGE: 28.9932 acres SUFFOLK CO TAX MAP p/o 1000-054.00-07.00-021.004 n/k/a 1000-054.00-07.00-021.007 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Be advised that fee title [o this property with the easement thereon, and the adjoining Reserve Area, were sold at a simultaneous closing to the Town of Southold. Sincerely, Melissa Spiro Land Preservation Coordinator • enc. P ~ R O P E R T Y R ~ E C O R D S • ESTATE OF CONWAY to TOWN OF SOUTHOLD Fee Title Property Acquisition SCTM #1000-54.-7-21.4 Total Parcel Acreage - 30.8297 acres Reserved Area - 80,000 square feet Development Rights Easement - 28.9932 acres Premises: 4395 Horton Lane, Southold, New York Closing held on Wednesday, August 3, 2011 at 10:00 a.m., Southold Town Hall Annex Sitting: Robert Conway, Thomas Conway Standing: Supervisor Scott A. Russell, Joseph A. Conway, Christine Conway t~ " _ ? i r NV .r a ~ ' u- ~ f;„ ' ~i ~1 r _ i. M ~ - _ m - ~ ~ II' x , ~ i ~ - - - s ._,y ~ ~~r ~ ` ~ ~ ~ _ e~ . ~ a ' ~ MELISSA A. SPIRO O~~S~FFO(~-COG OFTown Ha011 AnneON: LAND PRESERVATION COORDINATOR hZ. y~ 54375 State Route 25 . melissa.spiro@[own.southold.ny.us o= < (comer of Main Rd & Youngs Ave) va ~ Southold, New York Telephone (631) 765-5711 Facsimile (631) 765-6640 ,j.~ ~ O~~ MAILING ADDRESS: Oj .fL ~a P.O. Box 1 I79 'R Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Managers Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: August 3, 2011 Re: CONWAY ESTATE to TOWN OF SOUTHOLD Part of SCTM #1000-54.-7-21.4 Please be advised that the Town has acquired a development rights easement on the agricultural property listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 4395 Horton Lane SCTM part of1000-54: 7-21.4 PROPERTY OWNER: Estate of Joseph M. Conroy, Estate of Julia D. Conway, and Joseph A. Conway, individually and as co-executor CONTACT DATE: November 18, 2010 PURCHASE DATE: August 3, 2011 PURCHASE PRICE: $ 1,812.075 (based on 28.9932 buildable acres @ $62,500/buildable acre) TOTAL PARCEL ACREAGE: 30.8297 acres EASEMENT ACREAGE: 28.9932 acres RESERVE AREA: 80,000 sq. ft. ZONING: A-C FUNDING: CPF 2% Land Bank MISCELLANEOUS: At a simultaneous closing, the Town purchased fee title to the parcel subject to the 28.9932 acre development rights easement. Lying within the parcel is an 80,000 square foot Reserve Area, not subject to the easement, in which the lwo-story residential dwelling, two-car garage, two barns, and two small storage sheds are located. See fee title purchase closing memo dated August 3, 2011 -,r ~0(J MAILING ADlllt[iSS: YLM'NING BOAIIll MEMI31sltS „it~t ~h' I'.O. faux 1179 ~ MAIt'1'IN li. tiIUnH " fC, Southt,tld. NY ll517I (16rtir ~b a ~ oF~rrr r.ocA~~roN: N'll.l-11T1 Clttr: n7 L•'HS 'Town H:dl 1~1111CY x til:NNl I li I . L:Ut\',1Hnti r^~`~} - O ~~Y ~ 5937b Stale Itoult'?S J.MILS II. f;ICI-I III ~ ~ r'1 ,1~ 4~nr. M;»n Rd. & Youn Avi~.l I1t)NeALD d. WIL('I?N5}il ~''~~I~I t ~ .i ' I,,. . Suuthold. NY 'I'ule~honu: (r'il 765-If)38 I~'tu:: 63I 765-31 Sfi PLANNING BOARD OFE'ICE ~r~~a~n~ ot~ ~ou~rHOLn July 12, 2011 Mr. Garrett A. Strang, Architect P.O. Box 1412 Southold, NY 11971 Re: Final Approval - Re-Subdivision for Joseph and Margaret Conway Located at the wiclo the intersection of Horton La. & Old North Rd., Southold SCTM#1000-54-7-21.1 & 21.2 Zoning District: A-C Dear Mr. Strang: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, July 11, 2011: WHEREAS, this proposed lot line change will transfer 3.3 acres from a 34.2 acre parcel to an adjacent 1 acre parcel. SCTM#1000-54-7-21.1 will be 30.9 acres. SCTM#1000- 54-7-21.2 will be 4.3 acres. The Town of Southold will purchase the 30.9 acres for farmland preservation; and WHEREAS, an application for a Lot Line Modification was submitted on August 24, 2410 by Joseph A. and Margaret Conway for the property located at the west side of Horton Lane, at the intersection of Norton Lane & Old North Road, Southold, SCTM#1000-54-7-21.1 & 21.2, in the A-C Zoning District; and WHEREAS, on November 15, 2010, the Southold Town Planning Board acting under the State Environmental Quality Review Act, performed and made a determination of non-significance and granted a Negative Declaration; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56 Waivers of Certain Provisions, may waive certain elements of the subdivision review if • in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the ERSAP, the Primary and Secondary Conservation Area Plan, and the Sketch Plan and Preliminary Plat steps of the subdivision process for the following reasons: Conway Page Two July 12 2011 • 1. No new lots are beiny created. 2. The lots involved are either already developed or are being preserved as open space. 3. No changes will occur as a result of this Lot Line Change that would affect the character of the neighborhood; and WHEREAS, the Planning Board has determined that the proposed action meets the necessary requirements of Town Code §240 for a Lot Line Modification; and WHEREAS, on May 9, 2011, the Planning Board waived the requirements of §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plan and Preliminary Plat steps; and WHEREAS, on May 9, 2011, the Southold Town Planning Board granted Conditional Final Approval on the maps entitled 'Re-Subdivision (Lot Line Change) for Julia Conway", dated August 1, 2001, last revised April 30, 2011, and prepared by Garrett A. Strang, Architect, subject to the following condition: 1. Submit draft deeds (prior to filing with Suffolk Counfy) that contain the following: • a. a reference to this Planning Board approval of the Lot Line Modification; and b. a schedule (or schedules) with legible illustrations of the lot line changes made and that will be filed as a page (or pages) in the deed; and WHEREAS, the applicant fulfilled the above conditions placed on Final Approval by the Southold Town Planning Board; be it there#ore RESOLVED, that the Southold Town Planning Bvard grants Final Approval on the maps entitled "Re-Subdivision {Lot Line Change} for Julia Conway", dated August 1, 2001, last revised April 30, 2011, and prepared by Garrett A. Strang, Architect. Enclosed is a map which has been endorsed by the Chairman. Please submit a copy of the recorded deed to the Southold Town Planning Departmen#. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor , • Chairman Encl. cc: Building Dept. w/map; Assessors w/map File '.~irr:;~ Tnol6ar Halp i5d__7r 21.7 - 473889 5atilhold Active f~1S;1 ScfiouL-'SoutholdSchor : !Town of Southold f3ollYear.'r2012 Cun Yr ! Land nghts LaridA~l: 3.600 Harkon Ln'`: L`ar~d Size 29200 acres ' Tofal ~V: 3.600 gwner i^= ~ Yotal: l ° Sife Tofal ` 1 theme, Sown of Sputhofd PrpCl~: ` . N6hd Cd .Seu~ar_ ` k~ater.' , IJfilitias: .4ddlAddr; Land~ghLs fP Streat. FD Bou 1179 tarty Snut~jold f+FY; dip 11971 r z ANafke alpe MMSCeltaneous Land ' ~ Tola]: 0 iti~ _ ~ou`ntg ~ kE` 3 60f~ f?golw 12668 Type. - Ff ??fleptft rs~z 5gft~ 3 ~0~ Page: 569 ~ hiunl s jip xri+ ~ ~ ~ ~ 5n}rfink`~ r..>; ~ RN~ f~to~kg - x Vlll~gr ~ ~ s !sa Ps }~s~ x ~ a, f:~hlaffe7,~~36t1 ~ AgokPlo p3 ~";,tf r x52d t~"~"hr'r~srF d4'rr T!?kgl 2°. Buddrng~ ci J' {~TDt; Q; ~s„rT~., r""~ i x „ 3e rte. a r i : a, Book P~g~Fr 53~~Date S`a[ePrim 17l+Jner , ; ~g3"e~~~'s5 ~ ~ ~ r w s ~ zr ~~ii R-- i~ + ` 1~~8# a F~~~IJSEIi ~ 808 d,50 Town nt 9qut}to 'zr" ~i > >r rra ~ ~ #s' ra ~ ~~'TMC 1 ~6fi~~7~q, ~ i1,~031~t 1 812 f175Thwn nE $outFto'ri c ~ I~~~~ -%`=~~''r px : a ~ e x'r ,y. r x t ~ aF ~r e~ k 4'.-'k m~'~~ nr 'Ar~: ~ i veu ~ ~ t~'~`-~: s t 'E's p1~~~a" ~ T'ota(D T~'r~t Y 0wij " 7mPeA~~m~nl ir~,~~v~~ S4~PT~uiit ~e` r~~-,#,~~4~; f pdc ~ ';x- ~-Flmqunt Y'e~7' Pct • * ! ~ ~ z ~ : i : v- ~ I 4 i e r § 7 r a~ € e + ~ s 'i~- z ' $~d.CPat IFtsltJrcl~' Tokal d 'VaUae 1 ' r w ~ ~ ~'`'F a . i ~r ! ~a x~: E s I1JI~rb Prl Type fvte~ a TaF 3 x v l~ ~ ~~r is 9 F¢~2B' Sgntfial F4 ptl ~ 00 4Q ' ` „'x,', " sa ~ ' ! r~x ~ P1C070' ~1au~F`io~~Park, ~ PP' 00 `.Oft u ~ ~ S~Ihll. 9nL~ Ufa"St~¢e~ ~ f10 ( 00 _00 ~ ~ ! ~r „'t ` sn. ~ k'` s~ Sys t ~S~ tVWp20~~ k~astrr'a~ Oft ' 00. -_4D ~ ~ x 4 Y r d ~'2 r tP~~-" t tp ~y ~ ~ e " 3 : c "~irrf. " " 7f s,~ i ~ t `2.~r k {~F C~' Z~'4f"~- f {d n~ S~{{5 x,,,,... ~a au ~d:- ~ f a.G°.,?~Y-~i 'rst~ r ice" ~'x~ ~ 5x u ~ tr ,r-T Y ~ d i~~ ~rtt. t~`r ~ ~ ~ 3 zz~„~rk" .ty ' ri ~ ~ r„ 5'~ _ ant ~fp +r _y~ ~ .~-r rn ~ a rte.. . r~-`' "ry`~~~~ , rz ~~ir Fs` ~X x ~ t{,~ w3 ~ u ~,~~5~' ~~`€~,a ~y~ n ~ G~ ;yS~ ~ ~ L ~ a ~ d J a ,T ~ s ~ xa 3F~t .rv t r s t d a `L xt w~'~ ~5~ #sn r~k""1*,'s pt ~ ~ "d ~ ~ ~ e~r~i~^ r `s°.~,'r i !R, k x' s r a e L" .~4.. t x4k§+x z a s s ~ ~ #"7~a+i.~ t z it 3ti Dui~61e dickto open a ~r!indow f~, ~ • FINAL CLOSING STATEMENT SELLER: Town of Southold PURCHASER: Bhavana Berries LLC PROPERTY: 4395 Horton's Lane, Southold, New York SCTM No. 1000-54-7-21.6 & 1000-54-7-21.7 TITLE COMPANY: American Land Services, Inc. Title No. AL-42047 LENDER: N/A LENDER'S ATTY: N/A CLOSING DATE: Thursday, March 22, 2012 at Noon CLOSING Town of Southold, Annex Building LOCATION: 54375 Main Road, Southold, NY 11971-0959 Capital One Bank Buildin~ Melissa Spiro's Office, 2" floor (631) 765-1939 Purchase Price $1,051,000.00 Parcel Lot 21.6 = $326,170.00 Parcel Lot 21.7 = $724,830.00 Less Down Payment - 102,500.00 Less Property Condition Disclosure Credit - 500.00 $ 948,000.00 Adjustments Due Seller: Real Property Taxes $ 4,775.20 2011-12 Total Taxes = $6,861.38 Paid in Full for Year 254 days @ $18.80/day Fuel 900.48 Balance Due Seller at Closing: $953,675.68 PAID AS FOLLOWS: Official check #101537291 payable to the Town of Southold in the sum of $900,125.20 Official check #101537288 payable to Town and Country Real Estate in the sum of $ 26,275.00 Officia? check #101537290 payable to Brown Harris Stevens in the sum of $ 13,137.50 Official check #101537289 payable to The Corcoran Group in the sum of $ 13,137.50 Check #1859 payable to the Town of Southold In the sum of $ 900.48 Cash to Edward Hughes, Title Closer Title Attendance Fee $ 100.00 $953,675.68 SELLER'S EXPENSES Town and Country Real Estate -broker commission $26,275.00 The Corcoran Group -broker commission $13,137.50 Brown Harris Stevens Westhampton, LLC -broker $13,137.50 commission American Land Services, Inc. -Title Attendance Fee $100.00 2 NY 005 -Bargain end Sale Deed v avenant against Grantor's Acts Individual or Coryora[io gle Sheet) (NYeTU 8002) CONSULT YOUR LAW VER BEFORE SIGNING THIS INST//RUMENT -THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the day of~aKh, in the year a O (d BETWEEN / '~O w!I O T ~O c~l'f'I~ ~O ~ S-I~ w i -F~G, ©~-c c es q S3o~S~(ct~n PO_ Qox C(7Y, So~tf ~oL~ N~ ([Y?[-o~s~ party of [he first part, and o.-E-a( ~~-e~~. i4ve; /~mr~~i`CCe, ~tJY [r7v~ party of [he second part, ~$s~ WITNESSETH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by J the party of [he second part, does hereby gran[ and release unto the parry of the second part, the heirs oc successors and O O ~ assigns of the party of the second part forever, ALL that certain plot, piece 99r pajc~~~l of land, with thy,buildings an~dynprovep~nts thereon erected, si [e, l ing~ar~d ~L.~p~j being iwihe a~'.SocetFv,oK~'~o lsl/f ~ ,.SO Gt-f'h o(d~ COGC~Z~ a~~~ct i-~l'o ~l~ S~- ~j o un d ec( ~ v>~ des ~e~,on .S~ ~ n ~i~/~x col ~tocK he~e~ Q~~ Mae c~ Pa-ct (~ere~ 8~/d6 RND TFivOsO `7~ !3E 'tie 60.~?~ P?'eYY1(SPs ~ Ob CA n ~ e.~ ed ~o -fit, ~ !Ja-I o-r ~ e 'i=, ~~s~f- ~ail-iL (o~ to~ ~-E~d s~3(c,lreeShc-dad t~ ~[be~ ra~~sr Pale s~ 'a[ S(,~dSECT T'~ 7~own o~' Sovl~yoldl~~~~~ of la l - oo ~ ~ e ~ e_~o ~t e~rt~y~-fs ~a-s~~n~af efe- °~-s e.l~~` an ~de~wrt~ fri-e_ S~~`'F~li~ Go~r~I`1. D/l ~ [!i in 6 ~ [a~~ ~ Pam S2~- TOGETHER with all right, title and interest, if any, of the parry of the fust par[ of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the parTy of the second part, the hews or successors and assigns of the party of [he second part forever. AND the party of the first part covenants that the party of the first patt has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of [he Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same firs[ to the payment of the cost of the improvement before using any part of [he total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: ~ O 1 Coo 'C-F - c-tSSe- S~~e~r?rso r- ~nrvvwecuoMGnr PORMBELOWWIT lNNEWYORXSTATEONLY.• USEACXNOWLEDGMENTFORA}BELOWWITN/NNEIYYORXSTATEONLY: State of New York, County of.-$ntP~s~.: State of New York, my of } ss.: On the day of/{~vr.(,in the year dG ~ 2 An the day of in [he year before me, [he undersigned, personally appearedS~~~~ersonally before me, the undersigned, personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence known to me or proved to me on the basis of satisfactory evidence to be the individual(al whose name( is (are) subscribed to the to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that hekhekhcq within instrument and acknowledged to me that he/she/they executed the same in his/hedllreir_ capacity(iesj, and [hat by executed the same in his/her/[heir capacity(ies), and that by his/1terlNteir signature( on the instrument, the individual(1;1, or the his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf w ' h the individual(1J acted, executed the person upon behalf of which the individual(s) acted, executed the instrument. instrument. ,At'' WARD HUGHE3 lv ~ of 61~2809~a~ Qualified in Nassau County Commission Expires t21812Q~ S ACKNOWLEDGMENTFORM FORUSEW/THINNEWYORK STATEONLY: ACKNOWLEDGMENTFORM FOR USEOUTSIDENEWYORKSTATEONLY: (New York Subscribing Witness Acbiowledgmenl Cerufimte) (Our ofSrale or Foreign General Acbiow/edgmem Cer(ijcate) State of New York, County of } ss.: } ss.: On the da of Nthe ear Y y (Complete Venue with Sra(e, Cwnlry. Province or MuneclpaliryJ before me, [he undersigned, personally appeazed On the day of in the year the subscribing witness to the foregoing instrument, with whom I before me, the undersigned, personally appeared am personally acquainted, who, being by me duly sworn, did personally known to me or proved to me on the basis of satisfactory depose and say that he/she/they reside(s) in evidence to be the individual(s) whose name(s) is (are) subscribed [o the within instrument and acknowledged to me [ha[ he/she/they (ijthe place ojresidence is in a city, include the so-eet and street number, if executed the same in his/her/their capacity(ies), [hat by his/her/ arty, thereof; that he/she/they know(s) to be the individual described their signature(s) on the instrument, the individual(s), or the person in and who executed the foregoing instrument; that said subscribing upon behalf of which the individual(s) acted, executed the witness was present and saw said instrument. execute the same; and [ha[ said witness a[ the same time subscribed his/her/[hea name(s) as a wifiess thereto. BARGAIN & SALE DEED WITH COVENAMS AGAMST G0.ANT00.'S ACTS T/TLE NO. /f ~ - CFaQ SG ~ DISi7tICT ~ 000 SECTION 0.S`E. 00 ! OGJ/~ F~ SOIiC~'l'1 ~C~ e~ 00 o IAT oa 1. Dolt, Oa2 t70 'I COUNTYOR TOWN SO uf(-t ~o CC-( TO /J ~ ~ 0.~ a ~~~C. f ~S / / ~ RECORDEDATREQUFST OF Ll (~1 I'~Y~ Fdelity NaNonel Title Insurance Company RER/RNBY/MAfL,TO FIDELTTY NATIONAL TITLE ~d UJ 0. C~ j't~C lLl~ 2y Fi. INSURANCE COMPANY a ( Cs r e~1//~ e~/- /RCnssoRUm7918 ~C(~j (C~O( dYt/~tlr ~J "cxfyf,~~ ~ Fidelity ~i' xa.r,v~. rme saz raa nm aa~ro, 0 a 0 fH 0 U ryQ N W~ T 2 C FIDELITY h,,T/ONAL TITLE INSURANCE C.,~JIPANY SCHEDULE A DESCRIPTION OF PREMISES Title No. AL-42047 ALL that certain plot piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane: 1) Southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. & C. Conway to the point or place of beginning; RUNNING THENCE the following two courses and distances along the land now or formerly of T. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: 1) South 40 degrees 28 minutes 30 seconds East 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East 527.03 feet to land now or formerly of Abbatiello; THENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West 917.39 feet to land now or formerly of Damianos; THENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. 1 2 • p 1 1 S I T E ~ V I S I T • . CONWAY ESTATE to TOWN OF SOUTHOLD Development Rights Easement - 28.9932 acres Part of SCTM #1000-54.-7-21.4 4395 Horton Lane, Southold Photos taken August 1, 2011 Southerly view of Agricultural Storage & Equipment Buildings. .,,r,, ti. ~ F ~ n „ >u ^ ~ . ~ ~ ~ ~ ~ I .R,' i u. ~r y - ~ ,,c.."*~ rt~w"^~ . • ,~..T w~ Easterly view of Agricultural Storage & Equipment Storage Buildings. _ p.r+ y~ ~ ~ ' , i~ ~ r r i r ~ f m.,. _ I~~• ; ,,,,u ~ .p ~ ~ „ ~^~1~' A~J ~I! _ ~~yy ~ bYr ~ wn,~. z r n x ~ . g~o t r ~ M r ~ _ ~ ~ ' _ a~$n-~ } > k" fix ~ X.~ , ~rY, ~N ti ~ s> nom. ~.~-u~ = Irrigation Pump. ~ ,I•~ ice. ~ - f. a r 3.:; . Irrigation Pump. t~1~,~1 ,7 µk '~v~fi.- ~ Sri,,- _ _ I~f 1~III I111f~ 1I111[ ,lil Sl if1 'u1, 1 1 'Y U' IC1 HI 111 li i1~ i ~ n"} 111111 e i Ilo 1 111 i~' ",y~ ~'I,I~ '1;~7 . ]I HII.. . i I;,,,, ~r w~ _ ~ ; Y ~ ~ R View of farm facing southwesterly. ~ ~ ~ ~ ~ a !o M _ ~i ~ n , a ~ View of farm from Horton Lane, facing northwesterly. ;i +fi~~ h' r; ~ - ~ _ t - ~ ~A . ' k ~ ~ ~ ^ psi r ~ , ~ ~ ~j;~ ~ i q x. Lv N E W S A R T I C L E 22 I APRIL 5. 2012 I SUFFOLKTIMES.COM Farm rotection with a twist p Unique preservation effort concluded, clearing the way for a blueberry business BY BETH YOUNG I STAFF WRITER F - ~1~, i Southold Town has sold the Conway farm on Hor- I~ ton Lane to an Amityville-based bluebeny farmer ~ n I ~-s r for $1.05 million. iw ~ - It was the first property acquired by the town through a $4 million farmland bond, approved byvot- ers in 2007 with the purpose of purchasing farmland ~ outright to cleaz up estate issues and selling it with - _ _ _ " assurances that the land will confinue to be fanned. ~ The 31-acre farm was owned by the estate of Julia Conway, whose son, former Southold Town police e _ Wiz. ~ ' chief Joseph Conway, handled the sale to the town ~ in the fall of 2010. Under ' Y _ _ x ' v . _ , , . The fdrm~dnd that agreement, the town ~ - - ` purchased the development ~ I i~ 1~ bond program rights to 29 of the farm's 31 _ ~~r,~a WOr~Ced eXBCt~ acres for $1.8 million, using ,.,r ~ ~ Pa, y money from the Commu- ''1. es I envisioned it' nity Preservation Fund. The ~ town then purchased the scan Russell property outright for another $822,500. On?tlarch 22, Bhavana Berries LLC ofAmityville closed on the property, 29 acres of which can now BETH YOUNG PHOTO never he developed, returning both the town's in- This property on Horton Lane in Southold, purchased through the farmland bond program by Southold Town in 2010, was vestment from the farmland bond and an additional sold to a blueberry farmer on March 22. $227,500 to the preservation programs coffers. "The farmland bond program worked exactly as buyer of Horton Lane Farm and help bring this tart role in the success of this deal." I envisioned it," said Supervisor Scott Russell. "I am transaction to a close, helping a farmer find his The farm, at 4395 Horton Lane, just north of the pleased to be part of a Town Board that offered this farm, and the North Fork and Southold Town stay Lucas Ford dealership, had been planted with pota- to the voters and proud to be part of a board that rural," the company said in a press release_"Nicho- toes,cauliflower and cabbage bythe Conway family, implemented the program." las Planamento, associate broker and selling agent, who purchased the land in 1953. The land was most Town & CountryReal Estate brought the buyer to the has been interested in fazmland preservation in the recently planted with sod. town, which had listed it with The Comoran Group. North Fork for many years. His passion for preserva- "Town & Country was delighted to procure the tion and his expertise in the area played an impor- byoung@timesreview.com A • E R I A L S • • I \ t • } ' ' " t a ~ , ~ M ~ t~ , r V ^ z m i Y. ~ ~ y z ~ ~ _ ~ w i ~~~4 'w 'R i ~ ~y ~ ~ _ ~ ` r ~ ^a ~ ~ ~ ~ ~ ~ w • ~ ~ a ~ - r F ~ ~ r ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ h~ - } - _ ~ s , / ~ ' - ~ h ~ ~ L T Ti . l y w ~ as vs, ~ t i ~ ~ ~ ~ ~ a. ; ~'~}ti r y P ~ a ~ .i~ ~ t ~-1 New ~ . s, 4 ~ fir, a Av& ;,r, y~ i$'-. ~ ter" s fi ~ i • z*a~ ~ - w, a a- ~C ,ea \ .a{ row" ~ _ ~ ~ ~ 3 ~ ~ f ~k ~ b 5 ~ _ ~ . -,apt ~ ~ ~ Y. ~ ~ ~ . . e ~ Me • • ' ''JMaW'F ~ f Y. tr ~ e~ ~y aS!s.L ~ ~ 'i"' Sri zt,'i f - y "'tip f 3 x ~ c` ~ 0. ~ .;,F a k ~ a" ~ . F r.+ J :r t „ ~T ' ~ 4 s; Y^ ~~l r ~ ~r • Year.• 2008 4395 Horton Lane, Southo/d, New York Site: Conway Prope~y~ Y ii Y ~ Y~' >P ~'~a . ~ M,~ . r~t a<• • k..y:. ~ 7~ a;, ~wp rv, +K. ~ ~ ~ yN a ~ „ ~ ~bsl i q F~!r9 ~ i ice-. ~ ,r~` 'r, i+~ <,.~ro'~Y x~ ;qtr }...n r° •'ra ~ : 'o-; r `'F ~1; '1 ._s:~ ~ ~ _ M1 .w:-x..r N..,...,"~;~..~~.aM?a w+riwm ,,jr c«, `~'rW 4 b 4y4, ~J. =k3~°~i ' k mot, Z ~ y n~ ~ k 4 1 rylf V f F;.. ~ 4 ~ : ' ~R. Y d '9' ~ { ~1 y ~ :1~ J r`y ~ 4 . . ~ . il'~' ~ it . .W !,:r SSA S :'....r, d sv" o 1'~Ii•V. J ~ . .r.. .;la"?k'.: ACA :~;a r ' ~ <-..; ~ a ix"` ~t r YC.~ ~ . 4 ~ f' ~r a .t , jFd^`• sy_ 'b~'r+Y ~ 4 N ~ ~ ~ J ~ .Cd 1 ~ rE K$ 'x ~ 7 ry .r ''fir 5 ;r ¢ 1 i~lll I I 7{. ~y ~i~e ~..ryi .5n ,F`fs ~T.. J''' 4 'T A~1~`t.' y~~^r :~.a A~,fti ~t \y"ly; i ` ' N~ ~ v~v4 'idS~ A r ~ n _ ,fix<... ~ A~ Q 3'R ~A6 S c " h ,r ~ Y Y i~:~ .oft ~F •'.yy,R ;mac . ~ ~ ~ ~ ~ ~ ~ r, / ' • ~ ~ ~ A y { r 1 i i 1~~1 e 1* i t r, ~ ~ F• a. ,L ~ ~ n ~ ~ `t ~ ' ti ~ 4= y,~~'; ~ • t 'fir ..,.~C tp • 4395 Horton Lane, Southo/d, New York Year.• 1994 Site: Conway Prope~y, x p: { ~ - r - 4.. - - ~ .4 tom, ,A `t A .ii a~s~ t f~~+Y i^ ~a :S f( ~ ~i, , ~ ~p t. r iif `F`~~]] y y ~~rq. ~y~.+ 1 t: i(i .fir .,.;r .K ~ ~ • ~`1 N :j 1 31i ` l • 4«~~ ~ ss - ~ ~ f a ~ . w 1 y • y~,;• 1985 4395 Horton Lane, $OUtho/d, New York Site: Conway Property ' .,'st~'~ ~ r • ` t. s ~ # !h P '~f "+'i. F ¢v ~ 64 w ~ Q ~ 1~_ ~ .af, F-; i J= ~1 . . ~ ~ i / .+y.. ~ jFti k a ~ ~ . t _ 1 t ~ ' ~'A 'lt t ~ ~ Z'G 5, atsn t ~ 4 ~ ~ F„ S4. r `j P x 4~ e i ' ~ 'I~~ ~ a. t~ ~~r"1~r, ' nx,;. ~ ~ i s ' 7"3 'i~z` i ~ v • 95 /-/orton Lane, Southo/d, New York Year.• 1957 Site: Conway Property' 43 _ ' ~ iii k ' ~y ,..;tom- - 1k j~'' ~ yi ~ ~:ddx, ;1;:51 't 'x?' ~ i - - v x l sh ` j a u~, t.. • t, h. L ~ • V ~ v a `~~k;~ ~ l >l r ~h rr i c~, ~ 1 ~ r.:9. 4LI" J yY 1 n~ S.V q,.: ~ l ri G ~`:'n a v , 4395 Horton Cane, Southo/d, New York Year.• 1947 Site: Conway Prope~y, 4 r.. r i`.f~, J'.r d~ , n~ C t, sk ~h `n> . r,. t i 3f 4 ` , j ' v es~,. `w~ ; ~ ' F v6 P' t iP ~ I, -ti•J d~ .(~~e ? .~1t~ FY ~'~4 j ~ - ~ 1 ~ ~ ~ t t' F ~i~ S ,'tea Y 5 x , ~ t ~ . * a r r f ~ f~, ,Y~ ` f ti J ~ y, .5~;. z- - - '"A~'a~ ,.t . rk year.• 1938 4395 Horton Lane, Southo/d, New Yo Site: Conway Prope~y~ S 1 U R V E Y • • SURVEY FOR THE TOWN OF SOUTHOLD AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-54-07-2 I. 1 SCALE: I"=100' AUGUST I, 2002 JUNE 50, £010 (SURVEY OF 1000-$4-07-£1.2 ~ RE~ISION) AUGUST 3, ~010 (ADDI770N) SEPTEMBER 15, £010 (RE~1SIONS) OGTOBER 29, ~010 (DEVELOPMENT RIGHTS EASEMENT~ JUNE ~, 2011 (RE~SIONS) sITE JUN - 8 2011 DEPT. OF [AND PRESERVATION FINAL SURVEY KEY NAP $CALE~ I jENNINGS ~D. m N/O/F josEPH CCtV/AY S 47'3.4'0B' V/ 2~ N N/o/F T, & C,CONV/AY RIGHTS ~AS~NENT AREA DEv£LOPMA~R~A=~8,9932 ACRES zoNING DISTRICT A-C RESERVED AREA AREA=80, OOO,,,xSO, FT, S 48'~9'30' v/ N/O/F ABi~ATIELLO 917,39' AREA=30.8297 ACRES CONTOUR LINES FRON TOPOGRAPHIC NAP FiVE EASTERN TO~VNS CERTIFIED TO: TOWN OF SOUTHOLD FIDELITY NATIONAL TITLE INSURANCE COMPANY · =MONUMENT · =STAKE SET (631.) 755 - 502~ P, O, BOX 989 2236 TRAVELER STREET SOUTHOLD, N,Y, 2297~ 00-220