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HomeMy WebLinkAboutEdson, Lewis L ~ ~~S~FFOt~~o ~~4 ~ 1000-102.-2-16.3 y. ~ (f/Wa 1000-102-2-p/o 6.6 & 16.1) ~ Baseline Documentation Premises: 30105 Main Rd & 740 Depot Lane Cutchogue, New York ~ 22.5048 acres Development Rights Easement LEWIS L. EDSON to TOWN OF SOUTHOLD Easement dated August 3, 2011 Recorded September 1, 2011 Suffolk County Clerk -Liber D00012670, Page 160 Correction Easement dated November 3, 2011 Recorded November 21, 2011 • Suffolk County Clerk -Liber D00012677, Page 183 SCTM 1000-102-2-16.3 (f/Wa 1000-102-2-p/o 6.6 & 16.1) Premises: 30105 Main Rd & 740 Depot Lane Hamlet: Cutchogue Purchase Price: $1,350,288.00 (22.5048 buildable acres @ $60,000/acre) Funding: Community Preservation Fund (2% land bank) CPF Project Plan: Yes Total Parcels Acreage: 27.7937 acres (merged lots) Development Rights: 22.5408 easement acres Reserved Area: 5.2889 acres Zoned: R-80 & R-40 Existing Improvements: In August 2011 - Within easement area: Dirt farm road; planted nursery tree stock; farm well in northeasterly corner; line of trees at n/w boundary line Within reserved area: Two story framed residential home; one story metal building with concrete patio; two fenced enclosures; one small shed 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, November 23, 2010 at 7:00 p.m. Members Present: John Sepenoski, Chairman _Lillian Ball Ray Huntington Chris Baiz Eric Keil Members Absent: Monica Harbes Maureen Cullinane Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary AI Krupski, Town Board Liaison Commencement: • The meeting began at 7:10 p.m. with five LPC members present. • Adoption of Meeting Minutes: • ACCEPTANCE OF MEETING MINUTES FROM NOVEMBER 9, 2010 HOLD -not prepared in time for meeting .~~~~e r pf -~~v~1 Land Preservation Applications and Inquiries: LPC I( jZ~'~O~~ ~1 i~-I 101~n~~% • SCTM #1000-102-2-16 & 6.6 (Edson) j Review new farmland development rights application. Landowner Lewis Edson has offered a sale of a development rights easement to all but 80,000 sq ft around residential home and Santa's Christmas Tree Farm shop (farmstand) to the Town. Since he is proposing to keep all road frontage along NYS Rt 25, access to the proposed easement area can be provided by an existing recorded right-of-way across a residential lot on Depot Lane, being part of an approved subdivision of Deborah Edson. Landowner is willing to also consider a sale of the development rights easement on residential lot he retained as a part of said subdivision, said lot having road frontage on Depot Lane. MOTION made by Ray Huntington, seconded by Chris Baiz, to direct Melissa Spiro, Land Preservation Coordinator, to commission an appraisal of the proposed development rights easement area as presented in Lewis Edson's application, and that the determined value of a buildable acre be the same for the approved residential lot on Depot Lane as development rights easement acreage when, and if, offer is presented to landowner. Motion carried: 5/0 P • R O P E R T Y V ~ I S U A L S • SITE DESCRIPTION • Soil Condition And Topography: Scenario I is level and being utilized as a "Christmas" tree farm. In Scenario II, Lot 16 is level and being utilized as a "Christmas" tree farm and Lot 6.006 is a level vacant lot. Soil conditions are assumed to adequately support the existing improvement. Brunswick Appraisal Corp. has not made any test boring and makes no conclusions as to the soil and subsoil conditions. Easements and Encroachments: Access to Lot 16 in Scenario I is via an exclusive 50 foot right-of--way easement over the northwesterly side of 1000- 102-2-6.008. (See Deed in Addenda) Utilities: Utilities are available at the site. Street maintenance, police and fire protection azea are provided by the Town of Southold. Gas and electric are provided by the Long Island Power Authority. Ingress and Egress: Currently, access to both scenarios is located on Depot • Lane. Flood Zone: The subject property lies in the X flood zone - An azea that is determined to be outside the 1% and 0.2% annual chance flood plains according to the flood map # 36103C0163G dated 5/4/1998. i • BRUNSWICK APPRAISAL CORP. AERIAL VIEW OF THE SUBJECT PROPERTY 1 ~ ~ ~ e~ r ~ Y~ l~ ~ ° ~ r g~ ~ ~ ' . ~ E~ ~ ,r~. t ~ ~ \ V ~ ~ ~ f ` w 4 V~ P V ~ of ~ ~ m~"',~p, r,.,4~~ • ~ ~ • ~ f, ~ ~ ~i' s ~ ~ ~ e '~U,`, V r~~? f " ~ ~ C.j' y ~ ~ t, Y~ ry ~ Z ~ shy ~ ~o ~ r ~ ~ a o~ 50' Access Wav b ~ ` . ~ r O~~~I' ~J~.~ ".ir ° ~4 ~ 4 ' "a f• 1 ' BRUNSWICK APPRAISAL CORP. PHOTOGRAPHS OF THE SUBJECT PROPERTY ~ Scenario I District 1000 Section 102 Block 2 Lot 16 ' inclusive of a 50' R-O-W located on Lot 6.008 ~ ~ 1 ;r _ u. ~ _ . , F r, 1 Lot 16 a , ~::,~U~.~,~, 1 ~ ~ _I t ~ ~ ~ r ~ ~ .rte _ a~~ty c a ~ w.~ 1 h.„+~f ~ i~ e,tf} ~ mnr n - ~ I5 4 ~ q~v`Y & i1 1 i ~ ' I K t y 1 r:. . M-- ~ yyy~y~f l , 1 i ,,,b22 ~ i ' M . p s; '4og r~ 5 ~ 't d ~ ~ a~ t e ,.l ~ • y s _ .•w > ' 1 ~ha ` ~ r ~ W E °•4±'' ~ al~^yg ,.y~'Kt "l i0.^`-'~~'. q.- v ~ 50' R-O-W located on Lot 6.008 BRUNSWICK APPRAISAL CORP. PHOTOGRAPHS OF THE SUBJECT PROPERTY 3 Scenario II District 1000 Section 102 Block 2 Lot 16 t & District 1000 Section 102 Block 2 Lot 6.006 1 ~ _ , 1 . r" r _ ~ ,..~w ~ r . erns- ~~i ~ --ve~>._ GMs -~.,~t .e .t ~ b, .p.. i Lot 6.006 ~ 1 ~ ~ 1 ' Y ~f~ ir~~l/ /fj ~ ~ ~ ~ r `fin d. ~ ~ ~ - ~ ~+y. ~ so . ` ' M 1 ~ J e'~w ~ 2 `*=.5~ ~ ~ I ;1 ~ ~ 4 1 X ~ _ r~ § ti. ' Facing northwest on Depot Lane BRUNSWICK APPRAISAL CORP. E • N V I R O N M E N • T A L S U M M A R • Y PHASE I ENVIROr~TNlENTAL SITE ASSESSMENT for the property located at: 30125 Main Road & 740 Depot Lane Cutcho ue New York 119 3 5 S Tax Map Nos. 1000-102-OZ-16 & 6.6 (portions of) prepared for: Town of Southold Department of Land Preservation P.O. Box 1179 Southold, New York 11971-0959 prepared by: Cashin Tec ica ervices, Inc. Engineering • Pl n • Co traction Management 1200 Veterans Memorial ~g a~ ew York 11788 - (631) 348-7600 / 9 • PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 30125 MAIN ROAD & 740 DEPOT LANE CUTCHOGUE, NEW YORK 11935 TAX MAP NOS. 1000-102-02-16 & 6.6 (portions of) EXECUTIVE SUMMARY Cashin Technical Services, Inc. (CTS) has performed an evaluation of the parcels identified on the Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Numbers 1000-102-02-16 & 6.6 (portions of) in accordance with the American Society for Testing and Materials (ASTM) E 1527-05, Standard Practice for Environmental Site Assessments: Phase I Environmental Site Assessment Process. CTS was authorized by the Town • of Southold De artment of Land Preservation to conduct this assessment in cones ondence P P dated May 6, 2011. The subject property is comprised of portions of Lots 16 and 6.6, totaling approximately 22.79 acres in size. An approximate five acre reserve area on the eastern portion of the lots is un- included. Lot 16 (larger lot): the included portion of this lot contains the following: a Christmas tree farm, with Douglas Fir, Blue Spruce, Concolour Fir and Frazier Fir trees rotated in the fields; a small pond with standing water and freshwater wetlands in the northwest corner; and an irrigation well and well-head located in the northwest comer near the pond. The owner, Mr. Lewis Edson, reported to CTS that aboveground irrigation piping is hooked into the well when needed, and that the pump for the well is stored on the un-included portion. The un-included • Cashin Associates, P. C. Engineering Planning Construction Management (eastern) portion of Lot 16, along Main Road, contains the following: atwo-and-one-half story house, with a 250-gallon heating oil aboveground storage tank (AST) in the basement (vent and I fill components are located along the western exterior of the house), and liquefied petroleum gas tanks along the western exterior; a private drinking water well; an on-site sanitary/septic system (owner did not know components); aone-story, slab-on-grade, commercial/retail building (built 1986 containin a Christmas retail store and e ui ment and truck stora e with a ravel arkin g q P g, g P g lot and liquefied petroleum gas tanks at the exterior; a deer feeding pen; and a tool shed, containing pesticides, herbicides, gasoline/diesel cans for equipment, and maintenance materials such as paint, motor oil, and automotive/engine fluids. Lot 6.6 smaller lot :the in luded ( 1 c portion of this lot, which is used for Christmas tree farming, is • currently comprised of an open field, as all tree stumps have been removed in order to plant and plow a cover crop. The owner reported that this practice is done every ten years. The un-included (eastern) portion of Lot 6.6 contains an unpaved access road to Depot Lane and several tree planting rows. CTS accessed the subject property from Main Road. Adjacent properties consist of: Cutchogue Cemetery to the north; the un-included portions of the lots and Main Road to the east; residential properties and dwellings along Depot Road to the south; and agricultural land to the west. • Casf,in Associates P.C. En ineerin PI g g anning Construction Management The review of the historical data for the past 73 years revealed that the subject property has been in use for agricultural purposes (planting fields) since before 1938. The property owner, Mr. Lewis Edson, reported to CTS that his family has owned the property since the early 1960'x, and that the property was used primarily for potato farming until switching to Christmas trees in approximately 1979 (current use). 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 area have negatively affected conditions at the subject property. • The results of the investigation found no recognized environmental conditions associated with the subject property. However, the following issues were identified: Current and Historic Agricultural Use: Due to the current and longtime historic agricultural i 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, Mr. Lewis Edson, reported to CTS that he had a NYSDEC pesticide applicator license in the past when it was required of him; however, according to Mr. Edson, he does not have a current license because the chemicals that he currently uses and applies do not require the license. 'T'hese chemicals, which include NuEarm Credit herbicide and Equus 720 SST fungicide, are stored within a tool shed on the un-included portion of Lot 16. Regional contamination of shallow • Caat~in Associates, P. C. Engineering Planning Construction Management II • 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 use. Site specific investigation, including sampling of soils and groundwater, would be needed to I I determine if long-term agricultural use has affected soils and possibly groundwater at the site. Water Supply ~'~'ell Abandonment: An irrigation well and well-head are located in the northwest corner of Lot 16, near the pond. The owner, Mr. Lewis Edson, reported to CTS that aboveground irrigation piping is hooked into the well when needed, and that the pump for the I well is stored on the un-included portion of Lot 16. The NYSDEC Division of Water recommends that any out-of--use private 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 report. i • I Cast,in Associates, P.C. Engineering Planning Construction Management • ~~p ~Y ~ BM ~ • '~s ~ yOa ° 0 0 29 \tt1 ~ • ~ ~ • \ ~ o'p ENE ° ~ ° ; • ~atchogue.1~ ~ • 98 • ° . ° Cutchoque East ~It ~4`' , ~ • BM ~ cF •r" Sacred Heart ~ or 'Im ~'t~' _ 1yF 1 ~ ~ ~ 2 ..1. 1?, It d ~ • ~ ~ ~ ly -'`1 Cutchoy e t ~ ,y r% E m S'i`b-, c ~ 61 ~utchogt °a ,4y~.d' o i ~tiI7 PO by ( Q c , h; • water o v~~ ~ ~ Ali C~ICFIp ~e ~ ~4 Off' Rj~~~ i' t ° t_ ~ t g EPS~ r :i. t ~o Cutchogue <l • 1 / Harbor • ~ North Fork ~ ~r ~ ° ~;~es ~ 2~ / Country C ~J Marsh a H°TaeBh°eI w .I . ~ ` y J ~ ~ ~ ~ I~ ~ _ ~ , s - ~ \ : I~ • . ~ - ~ y y~ ~ 1~ • New York State Department of Transportation Southo/d Quadrant/e New York - Suffo/k Co. 7.5 Minute Series 1991 • Di~ita/ Edition • Sca/e 1:24000 • ~ * ~ 1 -Z-ZO1-OnQI N~ v~ro,~ 1~~ n o~ '1cf. ~ ~`wA F r~~I ~ ~ti "~I~j C_ S` 1"N r' ~ ? M _ y` ' / t~ u ~ . of ay,~~'' r-~, ~ ~ i.a ~j,i y'4~~1 [ Jv ~ ~~r/~ ,q.~, ~ ~ ~Y ry ~ sue,., = 1 ~ t' ~ ~ ~ ` e} r / ` ~R F i~ s ~ N~ > I _ - tk A- f fig-' ,f .'r ` f ~ l 91, s £r e1~; Y, f' r# 1 i 'l,. ''jam;, 4~F ~ 's ! ~f ?rie i ~fi~ dF ~ ~~S` ? ! ! ~ ~sjj - ~ . • • • • y~-i ~ • ~ ~ ~ ~`hotograph #1 -View of Lot 16 (un- M ,~~r } portion) from Main Road, ~ Cutchogue. NY ~ • ~ -•Y e'y4~ ` ~$..-1' _ -i~ ?hoTOg raph ''F'\~V °~F ti Photograph #3 -View of commercial) ~e?ail bu~'d!ng on un-included portion of Lot 16 ~l • i I • _ Photograph #4 -View of liquefied ® petroleum gas tanks at store exterior (un-included portion). • ..t • , • , - f Photograph #5 -View of liquefied petroleum gas tanks at house exterior (un- included portion). ~ - , „ham • i Hw1~.1 } I - ~,,;L,~.~ . - _ - Photograph #6 -View of location of - sanitary/septic system between house and store (un-included portion). S • • . y~4 `fig _ _ Y „tiY t~n • ~ Photograph #7 -View of tool shed on • ~ ~ ~ l un-included portion of Lot 16. f ~ i - - ~ ' T`, i , ~ _ _ e _ ~ i P • ~ .l l I' ate' t ~ Photograph #8 -View of pesticides and _ _ r' _ herbicides stored within tool shed (un- ~ ~ included portion). w ~ - ~ ~ IM j (J a ~ • e Photograph #9 -View of herbicide label. • i I' • • _ _ ~ , ,1: • y r 1 - Photograph #10 -View of gasoline and diesel fuel containers within tool shed r ~ (un-included portion). ` ,~p - • ~ ~ _J - ~ - i ~ ' ~ - ~ r - ~ r ~ Photograph #11 -View of paints. i _ ~ automotive/engine fluids and other ` : i _a. materials stored within tool shed (un- - - - ~ ~ included portion] ~ ' y ~ J ~ ~r ~ • r • • ~ i Photograph #12 -View of eastern - `tion of subject property (tree farm), - :west. 1 L W.. l i 's' _ _ .-r- ~ w - r. • ~~~L ~f~. ~ Photograph #13 -View of trees _ ~.L: w. ,YY ' ~ ~ rpouglas Fir) at east end of subject ~ . property. ~a . • + - 4 - - • • r - Photograph #14 -View of trees (Blue r ~'.r r Spruce) at middle of subject property. _ ~ y'r_~~ ' a _ _'6 ~i. ..~,_'k, 'Y , • i.Y _ 1. ..sy'ibau~'~+-tyllF:=y/~~ ~i+~f, _ Photograph #15 -View of west end of _ , , ~ _ subject property. _ ~ ~ T ,.e ~ S v t.. ~ µ f. ' ~ j ` rY ~ _ ` ,,fir d ti _ ' Yr~.lLf I t k _ ~T it 1 - Photograph #16 -View of small pond _ and freshwater wetland in northwest r~ ~ .,1; ~ corner of Lot 16. r5' N } r . , _ ~ ~ \ i _ w L Y ' • . ~ s ~:r,.w~ _ ' ~ ''s~'~ Photo ra h #17 -View of irri ation well rz 9 P 9 b~• and well-head in northwest corner of Lot • • • ~ ~ Photograph #18 -View of northern _ _ ~ boundary of subject property, looking " ~ - . _ east toward Main Road. N _ - d r ~xh • A~ - - - ..q , _ ~-c - ~F, - ..i, y,M,., _ _4~ r ~ • L" I "~I- y~ { -9 1'~'~ r - _ ~ ~y - ~ Photograph #19 -View of northerly _ adjoining cemetery. u'ti. 1~ , r. r • • - ~L Photograph #20 -View of Lot 6.6 ~ . ,~,,f . ' looking south toward Depot Lane. - - _ ~ - ~ .b - _ _ „r'Y~ - • • "'ti ~ Photograph #21 -View of irrigation ~ piping stacked along un-included access road to Depot Lane. - - • Environmental FirstSearch •a rn.~t,::,: , 1 Mile Radius FIRSTS ;>j~ t' ASTM Map: NPL, RCRACOR, STATE Sites 30125 MAIN ROAD, CUTCHOGUE NY 11935 • ~i ~T i;~t 5+ / l i/ -h r-„ o T ~N .-M1 'J / S ' Frh ~ ~ ~ oP E~yenc'~ ~ d S. _•acred Heart Ceme~e-•: _ `Q/~ ~?J / ~e'/ya C~ A a ` Ina o•tQo 25• ~"t' ° Lo c • c = ~i i I ~ ~ 0,4'_ o '~n ,~i yr }a',v., qia~ r,';r / ~ ~ ' IF, o, y ~ v' I P~~ Cutchogue Schoo! i ~G~. ~ n ~ ~ Q ~ ;god - :~1 a aS , . / 4'e _ 1 i :7 o M1 / 3 y ~ dS^ vJ ~n /M1~ q= OOO• ~`OJ o F+~ ~!l~~$ Cedars Goli Club Vc,i ~ ~ Pd r ~ 3° x y`'' 0 r Stxn~~~c ~ Tclc -I ~1~~: Target Site U-atitude: 41.017268 Longitude. -7_'.-1856761 • tdrntifed Site. Multiple Sites. Receptor ® ~ ~ NPL. f)LI-NPL, Bruwnlield. Solid Waste Landfill ISW(.). Hazardous Waste R.-:•.' Yibailund B;a:k Riney Rupresenl 1:4 1~1i1c Radius: I.-.~' ~ ~ ~ + I-- • • ~ Environmental FirstSearch ~ 1 Mile Radius ems'` , ~ FIRSF~ 1 ASTM Map: NPL, RCRACOR, STATE Sites 30125 MAIN ROAD, CUTCHOGUE NY 11935 , w • A ~ \ . f • C ~t,A,~ l ` 4,,,~.~ ~ v ~ o v C ;ham x~ fF. - t y , . `1` ~~t~oe ~~Y' , b ~ ~ ~ a• a ,r? t 'Sacred Hearty rrtetc ~ Ste. ~ ti q. ,,~asat l ~ - w Qti tlar ln=~ t , Jcj \ , i pP o ti ~ ` . .y / ; ~,,d. t /"R 6' , ~ o'a O ~ pt ~ ~ "s Ttti, ~ V'- ° ~~,i f~ Wn L~,~~ s. E ~ti ~ ~ csst i;raek $ ~ ~ ~;Wilso ~ ~ ~ ~ ~ _ti : ~ ~ ~ K a/ ~eY, °o`C~ n ~ • :-..~.C' .i y. o .q, tot Cedars GoIE Club:,' q ~ a~ n~ ~ Path Way-°. ~ ~ A~ < ~~t,P \ ~ `DA's „p~_. ~ _ 2' • gel. ~ , Q 1 ~1 ~ l_ _,.)1. ~ ~ " , i Source: Tale rf>'las Target Site (Latitude: 41.017268 Longitude: -72.485646) • Identified Site, Multiple Sites, Receptar NPL, DELNPL. Brownfield, Solid Waste Landfill (SWL). Hazardous Waste Triballand ,.XK Black Rings Represent 1/4 Mile Radius; Rcd Ring Represcnrs Sfx1 h. Radiua • ~ Environmental FirstSearch .5 Mile Radius Fj` :J,.~ ASTM Map: CERCLIS, RCRATSD, LUST, SWL .i' 30125 MAIN ROAD, CUTCHOGUE NY 11935 • _ ~ rf ~ ~ F e/~ . • i~` l~ - ~ ~ ~ ~ d. ~ s, 4 °o^~ d' ~ Sacred Heart a tery re £ r~~ ~ ~ • w ~ . ` `'y • ~ ' ti -y ~ ~ ' `o t w o~ ~'n a i / o Cutcho"gu S~ o ~ 'fix , ~ 4'i ~ ~ r~. ti~•" ~c rt v, _I, * ` • Svurce: Tele dtlas Target Site (Latitude: 41.017268 Longitude: -72.485646) r • Identified Site. Multiple Sites, Receptor ® ~ ¦ VPL, DELNPL, Brownfield, Solid Waste Landfill (SWL), Hazardous Waste riballaud Blau Rings Represent I/4 Mile Radius; R.d Ring Rcptescnts 500 h. Rndiw I • ~ Environmental FirstSearch .25 Mile Radius en.».,,t FIRSTS / ~ ASTM Map: RCRAGEN, ERNS, UST, FED ICIEG METH LABS 30125 MAIN ROAD, CUTCHOGUE NY 11935 ~ , Sre` 7;,~~~ ~.`1 • '1` ~ • l' ~r ~ ? \,~`y • V t3 j / _ ~~a1=: y~~ 4 ~ H J 1' i~:' ~ J`~. - ~~1\ -f /i~ F: j l' 5 • V~` ~ ¢ .e Source: Tale Atlus Target Site (Latitude: 41.017268 Longitude: -72.485646) • Identified Site. Multiple Sites, Receptor PL, DELNPL, Brownfield Solid Waste Landfill (SWL), Harsardous Waste riballand Black Rings Represent 1/4 Mile Radius; R.d Ring Rcpresems SOU ft. Radio. • ~ ~ Environmental FirstSearch .25 Mile Radius Fj` Non-ASTM Map: RCRANLR, Spills 90 30125 MAIN ROAD, CUTCHOGUE NY 11935 • . ry~~~ . • ~ • r t ~ y~i~, 5 h r- ~ 4; v'. a. _ • . ~ z ~ o t Source: Tele,~~las Targa Site (Lazitude: 41.017268 Longitude: •72.485646) . Identified Site. Multiple Sits, Recepttn PL, DELNPL, Brownfield, Solid Waste Landfill (SWL), Ha7srdous Waste riballand Natioml Historic Sites end Landmark Sites Black Rings Represent U4 Mile Radius; Red Ring Represents Sfxl ft. Raditu ~ ~ Site Location Map Topo :0.75 Mile Radius FIRSFS ~,v ~ ~ 30125 MAIN ROAD, CUTCHOGUE NY 11935 - s ~ Q ~ ~ ~ _ ~ , i ~ ~ ~ r~ "°.""-tip .t ! • ~ ~ ~ _ f~ -.,rte x' Samar ea rt - ~ r~ ~ ~ _ ~ ..`ti ~ w ti+ -mil , . - • ~ ~ ~ . . = . , ~ ~ - +ar~ a ~ ` Jf Y Y µ f SOURCE: SCANNED USGS TOPOGRAPHIC QUADRANGLES SCANNED BY MAPTECH AND USGS ~ DISTRIBUTED AUGUST, 2005. / l . Black Rings Represent 114 Mile Radii; Rcd Rini{ Represents :r10 h. Radius _.l 0 495 990 1,980 2,970 3,960 Feet Data Supplied by: JOB NO. Prepared by FirstSearch Technology Corporation ~?r~s-~., ?1rt • Map Name: SOUTHOLD Datc Created: 1956- Date Revised: None- FIGURE NO. M~CCW~ Map Reference Code: 41072-A4-TF-024 Contour lntervaL• l0 feet Elevation: 1 " • ~w ~ ~ !ice ve> / ,3 T~ ~ '~94 e' W (n V t ~Y~` g~, ~R O Ir i~ ~ ~ ~ rrJ e!,- r' ~ ~e 4 } l ~ ~ Y' r , ~ ~ _ w _ a~,~~ it k '~~j ; ~,l v ,AN 3' i, 't'om ~ r s ilL~~.~!~. ~ -J~fi,~y ~ O ` • i; LM }J x"k~ i~~~ r S" ~ '1. ' _ ~ ~j 1 i . ~ gq~IIJ} p . . . f A~ ~ ~ n old r r ! - ~h~ ~ ~t ~ 4 t K f Le end ' ~ ~ ~y,~ 9 ~ ~..\h. Rte` ~ ~ SO-56 a .2 ,/elf r_y~ ~ ~ ~ ~ ~ . k 1 r~ • N Freshwater Wetlands Map New York State ~ Department of 0 350 goo ,,050 ,,aoo Environmental Conservation Feet I k r i ~ ~ ~ % b ~~~~OOO ~ 1~~ ~S ` ~ ~ ~ f ~ ~ y ~Q/'/ j ~jF f / t o ~f Q ~ y. / > ~ ~ ~ t ~ ~r~.':~, Y . ~ ~ tip' . : rs°' . i't A3. h. Legend ~ 'i Y~ ~ ~ is ~ s ~ _ ~ ~f r,° ~ a~* r = r, Yee iSl~ T ~C.'f S', ~7 ~fY IM t ~t }i e • 0 ' ~ _ ~t 1 SM - _f ~ ~ • N Tidal Wetlands Map • New York State • 0 aoo soo ,,200 , soo Department of Feet Environmental Conservation • 4 ~ _338 • • X6780 ~:1 ~';3 • ,71 forth ' 6524~'",`'~ ` t _ _,~,f~ 53326 '65606 t,`~ Q" _ ` _ ~ Y , ~ ~ "fir - b'F,. _ ~ _ ~i~`- 1J39U "53322 • ~ , 533~36~ 53327 ,~x~' ~•'S35 ~ • 325 ~ ~ ~ ~'6 5 5 8 ` r F3: ti ~3 ~~t~ ~eCQ~~LG , , • Suffolk County Department of Health Services ~ Water Table Contours and Location of • Observation Wells In Suffolk County, New York March 2002 • Approximate Scale: 1"=1 mile . J ~ ii I ~N_ ~t, r~' ,N~J/ J - W' ~ 7/~ to Q c-~ ~ff~~~-; ~r s C.U~I P• ~ O~P•'~~ Oe~ ~ f/~ , I ~ ov~• ,cam ^ r ..I s •o_ ~ r;c CTS •f ~ :~y C G V ^ ~ ~ / .r 2y m i " yY • ~-'~J ~r ' JY'~" i ~p i 0 ~t ~ m W ~ C~ ~ ~w~_~ ~ Gee :i ~ ~d 1~--1 ~~L/SF o ~ i / ~ U ~ ~ /f ~ n J6~, f ~'6Gk, ~ ~ • RbPp _ ~ _ ~ n / /J l-- p' , / O Pll \r\' y~ y Alta ~ 1*" - d _ }~CJ\ r v~ ~ ~ 7 / ~ ^ \ •a Off. ~ l~ ~ I/p~ ~?+ai~f ~ l I ~1p{ e, o` ~ ~ 1, /~y/~~/, ZU ~s / 0 ~ ~ t, ~ ~t ~ J~ u E ~.1~` ~ / l ~ MOOR i ~ ~ P • U B L I C H E A ~ R I N G • Southold fo~~~n Board -Letter Board y'Iecting of April 12. 201 I r~OwFPo4f p ~a?. RESOLUTION 2011-321 Item # ~}.A. 18 ADOPTED DOC ID: 6792 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-321 WAS ADOPTED AT THE REGULAR MEETING OF THE SOiJTHOLD TOWN BOARD ON APRIL ]2, 2011: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, April 26, 2011, at 4:37 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on properties owned bV Lewis L. Edson. Said properties are identified as part of SCTM # 1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-2-16 is located within two zoning districts with 25.1f acres being within the R-80 zoning district and 0.04f acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.791 acres (subject to survey) of the 27.791 combined parcels' total acreage. The exact area of the acquisition is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79f acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their 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. Elizabeth A. Neville Southold Town Clerk • RESULT: ADOPTED [UNANIMOUS] MOVER: William Ruland, Councilman SECONDER: Vincent Orlando, Councilman i ' AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell ~i I LEGAL NoT1cE NO"f1CE 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 "1"own Code. the Town Board of the 'town of Southold hereby sets Tuesday, April 26, 2011, at 4:37 '~I p m Southold Town Ha? 53095 Main Road Southold, New York as the time and place for a public hearing for the nurchase of a development rights easement on properties owned by Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined v~e situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-2-16 is located within two zoning districts with 25.11 acres being within the R-80 zoning district and 0.041 acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R-80 zoning district. The proposed acquisition is for a development rights easement on pans of the properties, located within the R-80 zoning district, consisting of approximately 22.79f acres (subject to survey) of i the 27.79f combined parcels' total acreage. The exact area of the acquisition is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired • using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79f acre casement plus acgmsition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values. FURTHEK 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: April 12, 2011 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON April 2l 2011 AND FORWARD ONE, (1) AFFIDAVIT OF PUBLICA"I"ION 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 so~!rllt~l rows lit>Aku Pl [3LIC IiL:~RING \pril ?6, tot 1 4: ,7 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski. Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot Town Clerk Elizabeth Nc~ ille Tow~1 Attorney Martin Finnegan -phis hearing was opened at 536 PM COUNCILMAN TALBO'l~: NOTICE. IS HEREBY GIVEN that pursuant to the prop°isions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Codc, the Town E3oard of the "town of Southold hereb}° sets 1'uesdav, April 26, 2011, at 4:37 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing fur the purchase of a development rights easement on properties owned by Lewis L. Edson. Said properties are identified as part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6. The addresses are 30105 Main Road (NYS Route 25) and 740 Depot Lane_ respectively, in Cutchogue, New York. The parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM # 1000-102.-2-16 is located within two zoning districts with 25.1f acres being within the R-80 zoning district and 0.041 acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R- 80 zoning district. The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79f acres (subject to survey) of the 27.791 combined parcels' iota] acreage. The exact area of the acquisition is subject to a'hown-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79f acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as properties that should be preserved due to their agricultural values. i FURTHER NOTICE is hereby given that a more detailed description of the above April ?6. ?01 1 I.dson I)RI[ Nuhlic I Marine mentioned parcel u1 land i., un ~ilc in L and Nresercation Deparllnent. Southold l own I tall Anne. ~-l,7> Route Southold. New Yuck and nuts b~ dammed be um nuerested person durine business hours. [ have a cope that it was posted on the Down Clcrl<~s hulletin board on April 14. ?Ol 1 . I hat it was posted in the Suftblk Times on April 21. 20l 1 and that is it. SUPERVISOR RUSSELL: Oka_v_ wotdd anvbod_v like to address the Town Board on this particular public hearing? MELISSA SP1R0. LAND PRESERVATION COORDINATOR: Melissa Spiro. Land Preservation Coordinator. As noted, this hearing is for the town to purchase the development rights easement for agricultural purposes and the farm is comprised of two separate tax parcels in Cutchogue. The land owner offered approximately all 5 acres to preservation. the 5 acre area fronts on the Main Road and will not be included within the easement. The area is shown on the map. that's included iu the white broken lines. It includes the residence. the existing retail area and the associated parking. In addition to an access way to Depot Lane, all of that is excluded from the proposed easement area. the farm contains almost 100% prime agricultural soils, the preservation of this farm adds to the existing contiguous block of over 100 acres of preserved farmland both to the n r h and to the east. It is located with one of the lar pest blocks of reserved farmland in of 6 p Southold Town and the block expands to the east across Cox Neck Road and to the north across the Long Island Railroad_ County Route 48 and Oregon Road and that block totals over 600 probably 700 acres of preserved land. The negotiated purchase pace of $60.000 per acre is within accordance of an appraisal which completed for that specitlc property and the purchase will be funded by the Community Preservation Fund. Both the Land Preservation Committee, its members and I all support this purchase and we thank the landowner for giving us the opportunity to preserve it. We recommend that the Town Board proceed with the purchase. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular acquisition? BENJA SCHWARTZ: Benja Schwartz, Cutchogue. Is the subject property which we are considering investing in and purchasing an interest in, development rights of, the subject of a lawsuit? SUPERVISOR RUSSELL: No longer to my knowledge? Martin? TOWN ATTORNEY FINNEGAN: There is a pending Article 78 proceeding based on the, challenging the Toning Board conditions. SUPERVISOR RUSSELL: Oh, the 7.oning Board of Appeals. TOWN ATTORNEY FINNEGAN: The Article 78. The enforcement action is over and the town prevailed in that action. ~~pril fib. X01 I 3 lidson I)RI: Puhlic I learine SUPIJZ~~ ISOR KUSSI:LL: l~he to~~n prevailed in the cnfbrccment. 10b\~' :AIIORNI~a' IINNf:G:AV: there is a ,cparate action b}~ the landowner (inaudihle) that ~~hich has been submitted to the court. SUPLKVISOR RUSS[~.LL: Okac. MR. SCI IWARI L: I have seen it on the executiee session agenda for many of the past Town Board meetings, so. where was I? Maybe I was thinking of the Heritage. Has the town every ptuchased the development rights on a property that is the subject of litigation against, the landowner has instituted an article 78 challenging the zoning on the subject parcel and yet we are investing in it. I am for land preservation but [see that as a conflict of interest that we are entering into here. And while 1 am not in favor of the housing development there. I think that issue should be resoh~ed first and that would give an incentive to, if the owner has the incentive, now we are going to pay him all the money and ~~~e still are going to be battling it out in court. COl!'VCILMAN KRUPSKI: That is an interesting obsetti°ation. I am the liaison to the Land preservation Committee and in all of our discussions in the meetings, that has never come to light. I don't know if the Committee was aware ol~ that or not. The Committee made a decision to recommend this purchase to the Town Board based on its location, it's contiguous to other active farmland, it is to west of the graveyard there. It is fbr preservation like Melissa said. it completes a large block of land. In addition. it leaves out a large enough reserve area tor. and don't forget. the current use today, we are preser~-ing this land for perpetuity. the current use today, in 100 years is it still going to he the same current use and the same owner? Of course not. So that is not why, maybe that is why it never came up. JUSTICE EVANS: Also, we are not purchasing the part that is the subject of this Article 78. COUNCILMAN KRUPSKI: No, it is separating that out. But it, so I don't think was part of that. MR. SCHWARTZ: It is one parcel. COlNCILMAN KRUPSKI: 7~hat wasn't part ofthe discussion. MR. SCHWARTZ: You are purchasing an interest. JUSTICE EVANS: The part that he is cutting out from the sale is the part I think where the Article 78 (inaudible). COUNCILMAN KRUPSKI: That is right. April ?fll I -4 Edson DRI~_ Puhlic Ilcaring l0\~~~ yl~ft)RNI:Y FINVI(~A?v` ;And it is not a chtllcnge to the zoning. it is a challcnec u~ a condwon in a ~ iuance. Ile has t certilicate of occupancy Ibr the use that is a la~~ fiill~ existing use right no~~ on the propertc. The part of the property that is subject of the ucyuisition is completelti separate and I am not sure that there would he any ahilih fur this Beard to condition a purchase ou... MR. SCH~rAKl7.: I appreciate your perspective. 1 have spoken with member's of the land use committee but it is not the case that we are buying land from a murderer who you know. despite the fact that he is a murderer which has nothing to do with the land. The land that we are buying the development rights of is used in agriculture, as agricultural land and that is the basis Cor the alleged, for the farmstand permit which this town has granted and the use of the farmstand is at issue in the Article 78, challenging the determination of this town that he cannot have a 10,000 square foot farmstand. Does he need a 10.000 square foot farmstand to sell Christmas trees? I don't think so. What does he want to do'? What was he doing there? He was running a retaih commercial operation. l~hat is not part of farming and yet it is based, his ability to run any commercial retail operation there is based on a regulation by the town as a farmstand. never investing in the Christmas trees. Enough about that. I low are we going to pay for this purchase? SUPERVISOR RUSSELL: [will ask the Land Preservation Coordinator to come up and address that issue with you but 1 have to assume that it is going to be Community Presen~ation funds. MR. SC([WART7: Which we had a resolution on the agenda that was put on in the middle of the day today. so I did not get a chance to review it but 1 looked at it while 1 was sitting here but I looked at it while I was sitting here and the whole Community Preservation Fund funding and use of that fund is in flux right now. There is also a recent issue which I think is relevant that the Community Preservation Fund income in East Hampton and Shelter Island is so far this year only half of what it was last year. In Southold, it is up 20°/0, so I am glad we are in Southold. I think that is great. But despite that it is up 20%, you still resolve to take action to restructure the program today in a resolution which 1 don't think was clearly written or explained and at the work session this morning, there was some joking around about who was going to explain that to the public. SUPERVISOR RUSSELL: No, there wasn't. No, that never took place. MR. SCHWARTZ: I don't, alright, whatever. Forget that. SUPERVISOR RUSSELL: That was not on the 2 that was a discussion on the Ag PDD. it is an entirely separate issue. MR. SCI IWARTZ: Ah, the Ag PDD. • \pril ?6. X011 ~ '~I Edson DRL Public IIcarin~ til~Pl[KVISUR Kt titiI I.L: I~hat is a rather merle prescribed program. I~herc is no ~I doubt about that but this. what tie did today was ~~c agreed to authorize ur to pursue the final $10.000.(1(10 of the $'_?.000.000 hoed that ~~e had proposed several tears ago to keep the Comnumitc Preservation Fund hrllthc. :At the same time. we arc cor~nizant of !i die poor pcrtbrmancc of other towns. so gee have created what we would consider a i resen'c. We have anticipated debt of about $?.4 million if we borrow that $10 million. We are aoine to set about $2.4 million to the side so that we have a cushion so that we ~ know at any time it the Comnnmih~ Preservation Fund does not perform ~~-ell. that we don't have to go to the general levy or collect tares to pay debt, that the Community I Preservation Fund will be able to pay its own debt. MR. SCHWARTZ: I am not sure, I think 1 understand what you just said. Can 1 put it in my words and tell me if I am correct here. Number one, this resolution tonight. earlier tonight, authorized, no. it was pre-authorized that you could bond, could issue the bond... COUNCILMAN KRUPSKI: In 2007. MR. SCHWAR~FZ: But you never actually issued the bond for the $10 million. It was an authorization for $22.5 million and $125 million was issued, so there is $10 million left and today you decided at the work session to issue the remaining $10 million. That was not clear in the resolution tonight. But that is what the first effect of the resolution tonight. The second effect was to set, to create a reserve fund. And I really don't quite understand, from what I understand, you are saying in here that the annual debt sere°ice on the $22.~ million, including the $10 million additional money which you are going out to borrow pursuant to this resolution tonight, is estimated to be $2.4 million a year of, then you say you are going to create the reserve fund to cover that for the rest of this year. Now, it may depend on how much exactly that is, may depend on when we actually borrow that money when those bonds are issued. But we are already 4 months into the year, so if we take the $2.4 million for the 75 % of the year that is left, that is $1.8 million and then you wanted to also, you agreed also to include in the reserve fund an amount 11 e the same as the sufficrent to cover the interest for next year which I assume it woi d b estimate for this year, the $2.416 million, so that's $4.2 million reserve fund. So we are borrowing $]0 million so we can put, so that you, we can put almost half of it into a reserve fund. SUPERVISOR RUSSELL: No. You really missed the discussion today. Let me just explain. First of all, we have debt service of I think about 831 anticipated to the balance of this year, $831,000. We are going to set aside, we have about $5 million right now available, already in the Community Preservation Fund. We are going to take $2.4 of that plus the $831,000 and we are going to make that a reserve fund. Alright? The problem is next year. After we sell $10 million worth of bonds, we will anticipate $2.4 million.... MR. SCHWARTZ: So you are going to.... SUPERVISOR RUSSELL: Let me finish please. April 'G_ _'OI I 6 I~dsun I)IZI: Public Ilearine Sl~l'I.IZ~ ISOK RL'SSFLL: l'~~e ~~ill anticip,ue 5'.-l million annual debt service on those prescn ?tion bonds. what ~yc would like to do is take $?.~l million. put that into a reserve I account in case the Conununit~ Preservation Fuud doesn~t perform well. You have to remember. that we are only anticipating revenue of about $2.8 million this year in the Community Preservation Fund. w"hen you talk about debt service of $2.4 million with a projected annual income of $2.8 million. that is too close for comfort for us. What we want to do is ensure that we hate enough money in account should the Community Preservation Fund do worse down the road. So that the Community Preservation Fund itself will have enough money to pay the annual debt service. We are not borrowing $10 million and sticking $5 million of it in the bank in a reserve, we already have $5 million in the account. We are committing some of those resources to a reserve fund, then we are going to go out and borrow the $]0 million and continue the assertive preservation program that Melissa Spiro has. with such success. MR. SCI[WARTZ: That is what the $10 million will he used for, then. SI!Pf:IZV ISOR RUSSELL: The $10 million will he used for preservation. Absolutely. MR. SCH WARTZ: To continue the assertive preservation program. SUPI~RVISOR RUSSELL: That is right. Mk. SCHWARTZ: And 1 have no complaints, except that I would like to know more, I would like to have more public information out there about and I am not saying that this property is not appropriate but I am saying that we need to continue to examine the goals, why we have the farmland preservation program in the beginning, in the first place. Which there is two reasons for it One, we would like to preserve the farmland so that we can have farms and two, we want to avoid the entire North Fork paved over with or built up with residential, commercial and industrial development. The preserving farmland, I think we could go a long way towards clarifying that and with all due respect I think the farmland agricultural advisory committee could use a lot more attention, not just from you the Board but from the public. I think the, I would like to see, I love, one of the reasons why I chose to live here when I was six years old I decided I wanted to come and live in Southold, so anybody that says that I don't appreciate Southold, I think I have appreciated it for 50 years. And I am continuing to appreciate it and I would like to continue to appreciate it for the next 50 years plus. This Community Preservation Fund is only being planned to last until 2030 but the intent behind having the Community Preservation Fund is to preserve the land for perpetuity. So we need to be looking down the road, taking the larger picture. One of the problems that I have with these parcels, this one included but not just this one is that there is very little control over what can be grown there for example. For example, if somebody started paying big money for an invasive species because they liked the way it looked or something, that could still be agriculture. It is still a plant. After you, if you authorize the purchase of this property, ~~nril X6_'011 7 I~:dsun f)KI: Puhlic I Icarine then there kill he a cu~enant ~~orl:al out that kill he tiled akmg ~~ith the decd and we ~~ill cunuul thr potential rocs of that property. That is not the hottom line. the linal word. 1 ou still hate power. ate still have po~ca. the to~cn government still ha~~e power to regulate and impose conditions on all farmland. whether it is prescr~rd or nut. It hasn~t heen tested vet whether or not the town could impose conditions on preserved farmland that was not part of the original. what is the word? SUPERVISOR RUSSELL: Conununit} preservation... COUNCILMAN KRUPSKI: Easement? MR. SCHWART7: Easement or. but these issues will come up. 1 just think that this is notjust another property added to the quiver, this is the first property after 1 have heard of serious comprehensive discussion this morning, I was pleased to be at the 'Down Board this morning and to hear what you were saying. But there was no tape, there was no minutes. so I think that we should, at least the positive things that were said should at least be brought out in the evening meeting. Some of the people at the work session this morning were saying that why do you bother to go to these evening meetings. everything happens at the work session. Well, no. that's, I don~t know why they call it a work session but one of the kind of arrangements that this town has worked out. the practice is that you are not going to accomplish, you are not going to actually do anything at the work session. You will not act. You will not take a formal action because a formal action has to be on the record and on the minutes and that is what we do at night, that is why we have the resolutions at night. So what 1 heard you talking about this morning was that we are looking now. we are getting to a point where we are running out of time in terms of the monies that are available, we can see the end of the line with the Community Preservation Fund income and if we have been borrowing against it we are up to $32 million against the anticipated income and probably it sounded like we are not going to borrow any more because we won't have rime to pay it back. So we have got a. now we have got a very limited fund or you know, we know how much we are going to have over the next 20 years, we have an idea of that... SUE E.RVISOR RUSSELL: That is absolutely untrue. COUNCILMAN TALBOT: You can get some big spikes in revenue coming in for the 2%. MR. SCHWARTZ: We can't foresee the possibility but if you were.... SUPERVISOR RLJSSF,LL: It is a fluid fund, it produces income every year. The question is how much. In more robust years, it will produce more income. All of that money continues, that will continue to be in play as we move forward. What we have done was we have identified the amount that we are willing to borrow against for those anticipated futures. But the Community Preservation Eund is very much a part of the economic landscape of this community until 2030. What we have done is we identified the obligations of borrowing, debt service, holding a reserving fiend but that program is April ~6. ?Ol I K lids~m UKI: Public I learim~ Mill cerc much finaudihlrl and will produce income (or this comnnmit~ liar the fiucsccahle tiiture Ibr prescnauon. Sccondlc. tha'e arc other a~~cnucs fbr presu~auon. I~raditional farmland purchuac of de~~elopment righU bonds. open space bonds. rUl those thin,_s that eet offacd to the public rcgularl~ and ocerwhclmincl} supported by dre public regularly to produce cet more revenue and income as we nu>ce into the flitw~c. COI~NCILMAN KRIiPSKI: And ~a~c have taken, since we made the decision in 2007 to borrow money against the Z°%o fund, we did that on a very, very conser~-alive basis. We didn't want to get in a position where we had no money for purchases in the future until 2030 or worse yet, had to take money out of the general fund to fund our debt. So we have taken an extremely conservative line and today we took another step kind of acknowledging that. hhat we are going to. in fact, keep money in reserve so that money never has to come out of the general fund. NIR. SCIIWART7: 1 was trying to say_ you took another step to acknowledge that you want to be conservative. coo didn~t want to overspend. Nobody has mentioned yet the reason of why the additional $10 million bond is being, was... COUNCILMAN KRUPSKI: Because there is a lot of, there are a lot of projects that the committee is reviewing currently that are very similar to this one in that they are active farmland, they are good quality soil, they are adjacent to land that has been preserved either by the town or the county, so they complete large blocks of farmland and for those reasons. you know, they are being considered. M R. SCH WARTZ: So they are being planned, five or six or half a dozen.... COtINC[LMAN KRUPSKC A number of them. Yes. MR. SCHWART7.: Other purchases and I heard this morning, correct me if I am wrong, that if we follow through with all that, we might not have had enough money to pay the debt service next year out of the Community Preservation Fund. Which would have required an increase in taxes. And therefore, you borrowed the $10 million to fund those purchases without causing a disruption of the financing of the fund. SUPERVISOR RUSSELL: I don't believe that this town is even close to being in the position of not being able to pay for the debt service through, with revenue created each year by the Community Preservation Fund. What we are trying to do is we are just trying to make sure, we are trying to underscore that and make sure that we are not going to get in that position. COUNCILMAN KRUPSKI: And the debt service there will be $2.4 million a year, there were years not too long ago where this town was taking in $6 and $7 million a year in the 2 % fund, so when those years come back, we will be well-positioned to have cash in hand to make future purchases. So the program will still be going forward. • April ~6. ?Ol I 9 lids~ui DRI: Public I learim~ \1 K. SCI IU':AIZ 17. I just didn~t yuite_ I mean especially when I saw this that are up 'I o~ri the budgeted e~pectcd income revenue. COIvCIL~-1:AN KKl1PSFl: Ri~~ht. MR. SCHWAKfI: Right So l~u this }'ear, the first Ibur munths of this year, we hate more money. we have got $80.000. we thought we were only going to have $600.000 coming in. COl NCILMAN KRUPSKL Right MR. SCHWART7: So but 1 am sure that 1 heard the comptroller talking this morning about that after we finish paying for the five or six purchases which were expected to make this year, the current reserve fund, the $5 million that is currently in the fund... i COUNCILMAN KRUPSKI: Will he spent. MR. SCHWARTZ: With those purchases plus the payment on the interest on what we borrowed already will he spent, was l COUNCILMAN KRUPSKI: Thafs right. SUPl~:RVISOR RUSSELL: Correct. MR. SCHW'ARIL: Okay and that was why we decided, you decided to borrow another $]0 million. COUNCILMAN KRUPSKL To authorize the last $10 million, yes. MR. SCHWARTZ: And that tells me that we are getting to a point where we have got to make tough decisions. Decide which projects we want to fund, which projects we cant afford... SUPERVISOR RUSSELL: We actually have already been in that position for some time now and I think we are making, we are putting a lot more vetting into each purchase and we are making tough decisions. We've turned down purchases that have been presented to Melissa's committee. We've turned down purchases in the past that were, you know, in a different economic environment might have been something we would have considered buying but we have to make those hard decisions. COUNCILMAN KRUPSKI: And don't forget, it is hard to, you can't look at the whole list of available properties in the town which was done at the very beginning, at the outset, there is a whole list of properties that were available to have money spent on them from this 2% fund. You can't say that with any great certainty that by the year 2030, any particular property will be either up for sale or the person who owns it will want to sell the development rights. So it is sort of a, the strategy is to act on what is in front of you April ~6. ?01 I Ip I~:dson I)RI~: Public I learim_ and to make a deci,iun on different critcria_ not to wait for one parcel because that might not nc~er happen. So con I:ind ul ha~c to plat with die cards that uni ~~erc dealt here. ASR. SCI IU~AKl7: U ell, Riverhead ~cus up 38°0. almost double our increase G<im c~hal they ezpccted. COUNCIL'~~IAN KRUPSKI: -then need it. MR. SCI IWARIZ: But they still got less than us but the fact that we are up ?I% means the market may be turning around and if that indicates that there ma} be more development occurring in Southold. That indicates that we need to step up the preservation and focus the preservation also and if you are doing that. that is fine but I think that its important for you not only to do it between yourselves and on the Land Preservation Committee but to inform the public on behalf oC whom you are acting, what is going on. So I thank you very much. COUNCILMAN KRUPSKI: Thank vou. SUPERVISOR RIiSSELL: Okay. I was just reminded that we are actually still in a public hearing. Would anybody else like to comment on this particular purchase? (No comment) This hearing was closed at S:y7 PM * * ~ + Elizabeth A. Neville Southold Town Clerk ~I S ~ E Q R A P U R C H A ~ S E R E S O L U T I O ~ N I RESOLUTION 2011-359 't.~?-, ADOPTEll DO(' ID: 679, • THIS IS TO CERTIFY THAT THE FOLLOWING KESOLUTU)N NO. 2011-359 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLll TOWN BOARD ON APR1L 26, 20L1: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcels of properties owned by Lewis L. Edson on the 26`x' day of April, 201]. at which time all interested parties were liven the opportunity to be heard: and WHEREAS, said properties are identified as parts of SCTM #1000-102.-2-16 and #1000-102.- 2-6.6. The addresses are 10105 Main Road (NYS Route 2~) and 740 Depot Lane, respectively. in Cutchogue. New York. 'fhe parcels are adjacent lots and when combined are situated on the northerly side of Main Road (NYS Route 25) directly across NYS Route 25 from the entrance to Pequash Avenue. SCTM #1000-102.-6-16 is located within hvo zoning districts with 25.11 acres being within the R-80 zoning district and 0.041 acre being within the R-40 zoning district. SCTM #1000-102.-2-6.6 is located entirely within the R-80 zoning district: and WHEREAS, the development rights easement comprises a part of the properties. located within the R-80 zoning district, consisting of approximately 22.791 acres (subject to survey) of the 27J9f combined parccls~ total acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner: and WHEREAS the easement will be ac uired usin > Communit • Preservation Funds. The urchase q ~ y P price is $60,000 (sixty thousand dollars) per buildable acre for the 22.79f acre easement plus acquisition costs: and WHEREAS, the properties are listed on the Towns Community Preservation Project Plan as properties that should be preserved due to their agricultural values: and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement: and WHEREAS, the Mown Board deems it in the best public interest that the Town of Southold ~I I Resolution 201 1-;59 Board Meeting of -ypril 26. 201 1 purchase the development rights on this agricultural land_ and. WHEREAS, die fow~ Board of The Town of Southold clas~ifics this action as an [!misted ~~ction pursuant to the SL~)Ria Rule, and Regulations_ 6NYCKR 61 7.7 et. Sey.: and. WHF;REAS, the Town of Southold is the ont} im-ohed agency pursuant to SEQRA Rules and Regulations; and. WHEREAS, the Town Board of the Town of Southold accepted the Short Em~ironmental Form for this project that is attached hereto: now, therefore, he it RESOLVED that the 'hown Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action:. and.. be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural ]and owned by Lewis L. Edson. identified as parts of SC7~M #1000-102.-2-16 and #1000-102.-2-6.6. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Keview) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell • Updated: 4/26/201 1 3:10 PM by Linda Cooper Page 2 617.20 Appendix C State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be com leted b A licant or Pro'ect S onsor T 7~-- 1. APPLICANT/SPONSOR 2. PROJECT NAME%py/N P~try/}SF OF V/GV•~ri M7X ~+X/1 OWN ~ OC ~P ~ G-gS'6/U 7f ~ 3. PROJECT LOCATION: ~MM(-e}• c>t GEC ~GU(cr Munldpality )OWfJ O So\nµoln County SUFFOt.r 4. PRECISE LOCATION (Street address and road intersections, prominent lantlmarks, etc., or provide map) 7srm~I000_IOz-2-16 Flo scan d>~ooo_(pz-2-6. (d ,30105 n1a\N~pAD i 7'40 ~1+o-I- ~..ANgr C.r*C HO6u6/ N.y. 5. PROPOSED ACTION IS: New ~ Expansion ~ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: lowu ?o¢cw~5g- oc 'DEa t21~t+TS k''ASQMENT oN- 22,791 AG~S OF ,27,79 CoMEfN6D -'i"tZOPF2"\'Y. 7. AMOUNT OF LAND AFFECTED: ~ Initially 22.7gf aces UOimatery 22,79 ~ acres 8. WILL,I -P~R'OPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 1.,f~Yes ~ No If No, describe briefly • 9. WHA`TTI~S PRESENT LAND USE IN VICINITY OF PROJECT? ~II Residential ~ Industdal Commercial ~4gdculture ~ Park/FOmsUOpen Space ~ Other De tribe: CGA1E7'B'RY 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE ~O7R LOCAL)? Yes Ipl No If Yes, list agenq(s) name and pertniVapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~ No If Yes, list agency(s) name and permiUapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? I Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUEE TO T1HE BEST OF MY KNOWLEDGE ApplicanUsponsor name: O h ~{P ~tA7ft C+(nc~lpQ Date: Signature: If the action is in the Coastal Area, and you are a state agency, complete the • Coastal Assessment Form before proceeding with this assessment OVER t I PART II -IMPACT ASSESSMENT To be com leted b Lead A enc A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.4? If yes, coordinate the review process and use the FULL EAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? It No, a negative dedaralion may be superseded by another involved agency. Yes ®No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potentpial~for erosion, tlrainage or flooding prohlems? Explain bdefly: t VD C2. Aesth~et~ic~, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: r`C7 CB. Vegetation or fauna, fish, shellfish or wildlife spedes, significant habitats, or threatened or endangered spedes? Explain bdefly: ~a C4. A comAmunity's existing plans or goals as officially atlopted, or a change in use or intensity of use of land or other natural resources? Explain bdegy: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? 6kplain bdefly: C6. Long~n`te1rhm, short term, emulative, or other effects not identified in C1-C5? Explain briefly: IV' C7. Other impacts (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 ESTABLISHMEM 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 identfiied above, determine whether it is substantial, large,important orotherwise.significant. Each effect should be assessed in connection with its (a) setting (i.e. urban. or rural); (b) probability of occurring; (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 of significance mustevaluatethe potentialimpad of the proposed action on the environmental charaCeristics of the CFA. Chedkthis boxit you have identified one ormore potentially large or significant adverse impacts which MAY OCCUr. Then proceed directly to the FUL EAF and/or prepare a positive dedaration. ® Chedk this boxifyou have determined, based onthe information and analysis above and anysupporting documentation, that the proposed action WlL NOT result in any significant adverse environmental impacts AND provide, on attach~~ImAAlIents as neceAAssary'l, the reasons supporting this determination -~~(ShHOI-~ i~WU ~ATC'p nl~A/~. Jr p[-~ Name of Lead Agency Date hell ~ i z _DP: towAy Sc.~~u~st+2 Print or Typ ame of Resp Bible Officer in Le' d Agency Title of Responsible Officer Signature of Responsibl tfcer in ad Agency Sgnature of Preparer (If di a from responsible officer) • oFF1cE wcaTio:v: ~pf SOUT,y >vrvrlNC anDxESS: Town Hall Annex 0~ Y.O. Box 1179 54375 State Route `L5 ~ ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) # J~( Southold, NY 11971 -~n ~ Telephone: 631 765-1938 • ~O Fax: 631765-3136 ~1y00UNT'1,~~ LOCEjyI, WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator • Date: April 25, 2011 Re: Purchase of a development rights easement on proaerties owned by Lewis L. Edson Location: $30105 Main Road (NYS Route 25) and 740 Depot Lane, respectively, in Cutchogue, New York. Part of SCTM #1000-102.-2-16 and SCTM #1000-102.-2-6.6 The proposed acquisition is for a development rights easement on parts of the properties, located within the R-80 zoning district, consisting of approximately 22.79± acres (subject to survey) of the 27.79± combined parcels' total acreage. 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 • Melissa Spiro, Land Preservation Coordinator C • L O S I N G S T ~ A T E M E N T • • CLOSING STATEMENT LEWIS L. EDSON to TOWN OF SOUTHOLD Now known as SCTM #1000-102.-2-16.1 Total Development Rights Easement - 22.5048 acres Total Parcels Acreage - 27.7937 acres Reserved Area - 5.2889 acres I Location: 30105 Main Rd NYS Rt 25 Cutcho ue ( 9 Part of SCTM #1000-102.-2-16 (25.5037 acres) 740 Depot Lane, Cutchogue Part of SCTM #1000-102.-2-6.6 (2.2890 acres) Closing took place on Wednesday, August 3, 2011 at 1:00 p.m., Southold Town Hall Annex Purchase Price of $ 1,350,288.00 (based upon 22.5048 buildable acres • $60,000/buildable acre) disbursed as follows: Payable to Lewis Lefferts Edson $ 1,350,288.00 (8/2/2011) Expenses of Closing: Appraisal Payable to Elinor Brunswick, MAI $ 2,500.00 (2/112011) Survey Payable to John C. Ehlers Land Surveyor $ 2,200.00 (715/2011) • • Environmental Report (Phase 1 ESA) & revisions Payable to Cashin Technical Services, Inc. $ 1,080.00 (6/21/2011) Title Report Payable to Stewart Title Insurance Company $ 6,117.00 (8/2/2011) Title insurance policy $ 5792 Recording easement $ 275 Certified Copy $ 50 Title Closer Attendance Fee Payable to Patricia Fallon $ 100.00 (8/2/2011) • Those resent at Clo in p s g. Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Lewis L. Edson Seller Hon. Rudolph H. Bruer Attorney for Seller Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Administrative Asst ~I I • BRUNSVI'ICK APPRAISAL CORP. REAI. ESTATE APPRAISERS AND CONSULTANTS 44 Elm Stree[, Suite 8 IRTNTINGTON, NEW YORK 11743 (63 L) 421-2344 • FAX (631) 424-9246 E-Mail: elnor@brunswickappraisl.com Sanford S. Brunswick Armand Brunswick, MAI Elinor Brunswick, MAI 1881-1960 State Certified General Appraisers January 20, 2011 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: Development Rights Easement Acquisition Lewis L. Edson Property Tax Map Number: 1000-102-2-p/o16 & 6.006 • Location: 30105 Main Road Cutchogue, New York 11935 INVOICE# 1000-1 9 Real Estate Appraisal $2,500 JOHN C. FREERS STATEMENT 6 East Main Street • Riverhead, NY 11901 DATE INVOICE # 6/30/2011 2007166 Town of Southold i Dept. of Land Preservation Town Hall Annex _ Southold, NY 11971 I i TEL:516-369-8288 FAX: 516-369-8287 TAX MAP NUMBER MYJOB NUMBER 1000-102-2-16 I]-129 DATE DESCRIPTION CHARGES BALANCE ~~I 6!30/2011 Current survey of properties for dev. rights easement, 30125 Main 2,200.00 2,200.00 Road & 740 Depot La • Gashin Tcchnlcal Siervlces Inc, 1200 Veterans Memorial Hwy .Hauppauge . NY .11788 • 631.348.7600 phone / 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 June Os, 2011 Southold, NY 11971-0959 Project No: 11CTS.007 Invoice No: 112 Phase 1 Environmental Site Assessment for property located at 30125 Main Road and 740 Depot Lane, Cutchogue, NY ~1000-1 oz.2-1 s i 1000-1 o2-z-s.s> Professional Services from April 30. 2011 to June 06.2011 Fee 1,080.00 Total this Invoice $1,080.00 ' -Stewart ---title insurance company INVOICE IN VOICE NUMBERc 7630 DATE: 7/112011 TITLE NO.: IIIII6H TITLE CLOSER: Fallon, Pay .APPLICANT/CLIENT: Twomey, Latham, Shca. Kelly, CLOSING DA'Z'E/TIME: 813[201 1100 PM Dubin & Quartarnrq LLP CLOSING LOCATION: Town of Southold Annex-Land ~ LENDER'S ATTORNEY: NIA Preservation Dept. 'I SELLER'S AT"CORNEY: Law Office of Rudolph H. Bnrer 54375 Main Road 2nd Floor ~ OWNER'S POLICY N'O: 0-891 I-569382 Southold NY 11971 PROPERTY ADDRESS: 30105 Main Road ,Cutchogue (631)765571 I i, N}. TRANSACTION TYPE: Development Rights 740 Depot Lane ,Cutchogue NY SALES PRICE: $1,350,288.00 District 1000 Section: 102.00 Block 02.0 Lot 016.000 COUNTY: Suffolk District Section: 131ock: Lot 006.006 PROP TYPE: Vacant PURCHASER/BORROR'ER: Town of Southold Land Preservation De t P SELLER (S): Lewis Edson g 6 ' PREMIUM: Fee Insurance Liabili Amount: $l 350288.00 $5 792.00 $5 792.00 I ENDORSEMENTS: Standard Endorsements $25.00 each $0.00 $0.00 SEARCH FEES: Other $50.00 $50.00 Certitied copy of Developemnt Rights Easement (Post Closin RECORllING FEES: Agreement(s) $275.00 $275.00 Dev. Ri ~hts Easement based on l5 a es + TP584 _I TAXES: TRANSFER/MANSION/MORTGAGE NYS Transfer Tax (usually paid by seller) ($5,402.00) Exem [ -Closer to verif Peconic Bay Regional Town Transfer Tax ($25,505.76) Exem t -closer to verity ADDITIONAL: I~~ Escrow Service Char e $75.00 SUBTOTAL: $6,117.00 $6,117.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $6,117.00 $6,117.00 $0.00 $0.00 RF('P_IPTS DIRECT CHECKS: AMOUNT. STIC CHECKS: AMOUNT: "Taxable at 8.625%- Please note that we provide our estimates, as stated, based on the information we receive from [he parties and usually without having been provided final documentation to be used at closing. Should there be a "change in circumstances" as defined in RESPA rules, Stewart 1 itle reserves the right as allowed under [he RESPA roles' to revise our estimated closing costs at any nme and we reserve [he right to charge a fee for re-scheduling the closing should it be adjourned on shoe nobce- NEW YORK METRO 800-053-4803 212-922-1593 Fax 707 Westchester Ave, 4th FI 300 Easi 42nd Street, 10th Floor 150 Broadhollow Road, Suite 217 Stewartnewyork.com White Plains, NY 10604 New York, NY 10017 Melville. NV 11747 Pa e 1 of 2 g R C O R D E D C O R R E C ~ T I O N ' E A S E M E _ N T ~ CC # : C11-43593 ~ • COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original EASEMENT recorded in my office on 11/21/2011 under Liber D00012677 and Page 183 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 11/21/2011 • SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL • IIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIVIIIVIIIIIIIIIII IIIIII VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 11/21/2011 Number of Pages: 25 At: 11:50:04 AM Receipt Number 11-0127208 TRANSFER TAX NUMBER: 11-07944 LIBER: D00012677 PAGE: 183 District: Section: Block: Lot: 1000 102.00 02.00 016.003 EXAMINED AND CHARGED AS FOLLOWS ~ed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.50 NO Cert.Copies $31.25 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $231.75 TRANSFER TAX NUMBER: 11-07944 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • Please be advised this document will be public record. Remove Social Security Number(s) prior to recording. 1 Number of pages r,`„~~f,,_t.: • TORRENS t ~ ~ i i4 r'1 Serial # i L r p__. Prior C[f. # DTN 12-p??aS Deed /Mortgage Instmmen[ Deed !Mortgage Tax Stamp Recording /Filing Stamps i 3 PEES Page /Filing Fee ~ Mongage Amt. 1. Basic Taz Handling f- g~ 2. Additional Tax Tp_Sgq ) ~ Sub Total Notation ~ Spec./Assn. of EA-52 17 (County) Sub Total Spec. /Add EA-52]7 (State) TOT. MTG. TAX 30 . Dual Town Dual County R.P.T.S.A. Held for Appointment ~ Comm. of Ed. 5~ ~ ~ Transfer Tax Affidavit + _ ~ Mansion Tax ~ The property covered by this mongage is /Lrertified Co~ or will be improved by a one or two NYSSurchazge 15. 00 family dwelling only. Sub Total yFS or NO Other 'T Grand Total ~ 31 ' J ~ If NO, see appropriate tax clause on . A r~ page # of this instrument. 4 Dist.10o0 11024867 >_ooo >ozoo ozoo 016003 1, g Community Preservation nd Real Property P T S IIII~~~~~I~ Consideration Amount $ Tax Service R POL A - _ - Agency is-NOV-1 CPF Tax Due $ Verification Improved Vacant Land/ 6 Satisfacfions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: TD I U J Twomey, Latham, Shea, Kelley, Dubin R TD Quartararo CLP TD P.O. Box 9398 Riverhead, NY 11901 Attn: Lisa C. Kombrink, Esq. 7 15t1e Com an Information Co. Name Title # 8 ~ Suffolk County Recording & Endorsement Pale This page forms pan of the attached Grant of Development Rights Easement made by: (SPECIFY TYPE OF INSTRUMENT) Lewis Edson, a/k/a Lewis L. Edson The premises herein is situated in SUFFOLK COUNTY, NEW YORK. • TO In the Township of Southold Town of Southold m the VILLAGE or HAMLET of CUfChogue ' BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) CORRECTION • GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 3rd day of November, 2011 at Southold, New York. The parties are L@wis L. Edson, a/k/a Lewis Edson, residing at 30105 Main Rd., P.O. Box 939, Cutchogue, New York 11935 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). 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 #1000-102-2-16.1 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 John C. Ehlers Land Surveyor, dated June 22, 2011 and last revised September 16, 2011 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, this document is a correction Grant of Development Rights • Easement and is being recorded to correct an error in the survey and in the description of the Development Rights Area as set forth in Schedule "A", both ? attached to the previously recorded Easement, originally dated August 3~d, 2011 and recorded on September is`, 2011 at Liber D00012670, Page 160. As shown on the survey, the course along the Reserve Area which is a distance of 200.63' should have read 240.07'. A corrected Survey and Schedule "A" are attached herein and made a part of this Correction Grant of Development Rights Easement. WHEREAS, the Property is located in the R-80 and R-40 Zoning Districts 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 i Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and • WHEREAS, the Property is currently used for field crops; and it is the olic of the Town of Southold the "Town" s • WHEREAS, p y ( a 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 THREE HUNDRED FIFTY THOUSAND TWO HUNDRED EIGHTY-EIGHT AND 00/00 DOLLARS ($1,350,288.00) 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. T HAVE AND T H O O OLD said Develo ment Ri hts Easement and the P 9 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 I i 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 i 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. • 3 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present I, 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 prepared by John C. Ehlers Land Surveyor, dated June 22, 2011 and last revised September 16, 2011, a Phase I Environmental Site Assessment dated June 7, 2011 prepared by Cashin Technical Services, Inc. and a 2004 aerial photograph. 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 Tvoe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, s 4 covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") 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. • 5 1.03 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities 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 THREE HUNDRED FIFTY THOUSAND TWO HUNDRED EIGHTY-EIGHT 00/00 DOLLARS ($1,350,288.00) 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. tease-~T~.e~''a~s~y,~zo~e vr~l~~ «S~ Doooia~~d , ons~ /lco, 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 • 6 Preservation Committee") and other applicable provisions of the Town Code and Section 1.02 and Section 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not I limited to from the Land Preservation Committee. Mineral exploitation, and extraction of any mineral, including but not limited to soil, gravel, sand and hydrocarbons, by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 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. Grantor may also make application to subdivide the Property from the "Reserve Area" shown on the Survey, subject to applicable State, Town and other governmental laws. Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or operation of law. 7 _3.04__Dumpin~c 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. 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 sole) to service the ermitted struct r Y p u es 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 8 • amended and including the production of crops, livestock and livestock roducts as defined in 301 2 a - ' of the A riculture and Mark P § ( ) U) 9 ets 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, and Grantor's use of the Property as of the date if this Easement to raise and harvest Christmas trees, shall not be considered a commercial use. Uses im r v n p o eme is and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument includin but not limited to f r g a mstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. 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, • 9 exce r _ pt fo the ri ht to construct maintain and re lace n 9 p a re existin YP 9 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 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particular) Y 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. l0 4.04 Landscaoing Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as ' evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, 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 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 I 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 • 11 i • 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 and well head; I (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. • 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. • 12 i • 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 the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 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, 13 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, I 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 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 I independent contractors. 5.04 Grounds Maintenance Re uirement 4 If Grantor leaves the Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Land Preservation Committee, to maintain or restore the Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic and agricultural values of the Property. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to • ]4 recover the costs of such implementation from Grantor, as provided in Section 5.02 and 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 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, I 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 • 15 • 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. Grantor shall pay either directly or by reimbursement 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 • 16 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 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 • 17 • 7._01 Entire Understanding 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 may be amended only with the written consent of Grantee and current Grantor and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. This Easement is made with the intention that it shall qualify as a • Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. 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 • 18 • 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 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by • 19 • 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 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. • 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 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 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 January 20, 2011. The Proportionate Share is 62%. 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). • 20 • IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWL GED AN PTED: , l i ` LEW S L. EDSC~N ~-e`^~i5 ~$6i'~ ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Sc A. Russell, Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the L ~ day of [~C ~ in the year 2011 before me, the undersigned, w , g ersonall a eared LEWIS L. EDSON ersonall known to me r P Y PP or oved to me on the o P Y P ~IK~a ~heiwi~hina nstrument a~d acknowled ed ~ovme that he she the executed th)e same bred to 9 / / Y . his/her/their capacity (ies), and that byhis/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.' S'i ~l', Sign ture/ ffice of individual taking acknowledgement STATE OF NEW YORK ) nt1ti0! PH H. 6RUER COUNTY OF SUFFOLK ) SS: ND(ARY Pf39LfC, sT,?re a? ,?ty~d }-~pk . N0.52-0-^,G"5,0, SUF(t?LK fir,'Upd1Y COMMIS40Ff fi'r~,i~~'+.1!'fP ~ O { On this 3 ~ day of oVkwl ~~-v in the year 2011 before me, '~he'iJf#~ler~ned, 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 byhis/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the nstrnument. MELANIE DOROSKI ~ , _ , r,1 ' NOTARY PUBLIC, State of New York ~LI}~ L¢.t No. 01 D04634870 Qualified in Sutfolk County Notary Pub ' Commission Expires September 30,~ • 21 so,~vs~rae~raoe~zr eot~o a~~ B~ZC0WilY.I~WY0R[ S~Fak ccuNlr rAx a y~ 1000-102-2-16 1000-102-2-6.6 SURVEYED:.l1NE 22, 2011 REVISED: AW. 2, 2011 REVISION: SEPT. 16, 2011 C®t7N!®17'6 ' 9 I9WLS HUSON k ~"r'~~:s' TOWN OPSOUIHOLD ?+~nz•ipg SISWAATTI138II750RANC8 COb1PANY - _ - _ _ 182803' d i{ " 3Q'02'bF i a~ +l ~ ~ j - x _ it ~ ~ _ 4`'_------------------ ~ _ j f; " g. f j '~2'IagC.Y~,_ p Ilia f 1 ~ ~ ~ -11.9.42'._ _ P~li ~ IJ' y 7~1~~~ ~ w i N ~28A1 ~1i ' ~I ~ N ll ~43~i i _ _ ,I ARFAS TA% LpT 6b a PLRES - - TAX lOT Ib .255091 AU9T3 TOTIL Pf1fA a 31.1931 ACFF EFMINY FLR LOf 6 GF 51.BOIVISI0N W.P GF ~yo ® 0@OFN1 ®90N• TA% l4T bb W39E POfA1FD Ar:v.9~nea Acras m• a•w~ 30• ro rer+s w1N ae.•rs~xbs ar TA% IOHN C. "7-Ti i~RS LAND SURVEYOR ~ewo OEV. R16H155AlG IfSA,3350M IGRES LOI Ib AS RELII®INO®uSfil CP593 .vs.uc ~u mn 6flVlNAM6'IFffiP _ YIVdffiAD.NY.IIAI I bi0L 4ss M0.VHt 3~1.`:J.'aNtln:?,gm~~l~l-L'91m uR^ I NEW YORK METRO stewarf -~Mp: 800-853-4803 212-922-1593 (ax -tlf~e If1SUr3r1C0 COfil(~3f1~/ stewartnewyork com SCHEDULE A -DESCRIPTION Title No.: STll-11768 AMENDED 10/11/2011 DEVELOPMENT RIGHTS AREA I ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County of Suffolk and State of New York, known and designated as par[ of Lot No. 6 as shown on a certain map entitled, "Subdivision Map of Deborah Edson", filed June 7, 1988 in the Office of the Clerk of the County of Suffolk as Map No. 8537 and described land; said part of lot and described land when taken together are more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Depot Lane; said point also being the division line between Lo[s 5 and 6 as shown on above mentioned map; RUNNING THENCE North 49 degrees 50 minutes 00 seconds East, 465.79 feet to land now or formerly of Lewis Edson; THENCE along said lands known as Lot Nos. 1, 2, 3, 4 and 5 as shown on abovementioned map and ~I along lands now or formerly of Marian Columbus Club, Inc., and lands formerly of Bailey and now or i • formerly of Gekee Wickham, and lands formerly of Kurczowski and now or formerly of Jeffrey i Campbell and Sara Campbell, and lands formerly of Doroski and now or formerly of Joseph Grattan, and lands now or formerly of Rober Jenkins and Jean Jenkins, the following two (2) courses and distances: North 40 degrees 10 minutes 00 seconds West, 990.34 feet; North 40 degrees 54 minutes 30 seconds West, 483.40 fee[ to other lands now or formerly of Rober Jenkins and lean Jenkins; THENCE along said land North 46 degrees 53 minutes 30 seconds East, 549.09 feet to land now or formerly of Cutchogue Cemetery Association; ~ THENCE along said land South 42 degrees 02 minutes 10 seconds East, 1,587.99 feet to a point; THENCE the following three (3) courses and distances: South 47 degrees 31 minutes 00 seconds West, 476.96 feet South 36 degrees 19 minutes 50 seconds Wes[, 130.00 feet; South 42 degrees 27 minutes 40 seconds West, 459.41 feet to the northeasterly side of Depot Lane; THENCE the following two (2) courses and distances along the northeasterly side of Depot Lane: I North 40 degrees 48 minutes 00 seconds West, 151.52 feet; 1 I Nonh 39 degrees 24 minutes UO seconds West, 4234 feet to the division line between L,ot Nos. 5 and 6 as shown on abovementioned map, the point or place of BEGINNING. Z T • I T L E P O L I ~ C Y • ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY • Stewart ~tftle insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section YS oT the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the °Company'") insures, as of Date of Policy and, to the extent stated in Covered Risks 9~and 70, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason ot: 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 limed to insurance against loss from (a) A defect in the Title caused by i (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 Tile not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to pertorn 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 rrot properly filed, recorded, or indexed in the Public Records includirg failure to pertorm 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 TPoe by a govemmental authorHy due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land, and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. ' ' 4. No right of access to and from the land. 5. The violation or enforcement of any law, ordinance, permit, or govemmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to • (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or I (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power rat covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of [he exercise, describing any part of the Land, is recorded in the Public Records. ' 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned; 1NSl/gq¢ 4~ ~~4X ? oso _ g' 1987 :z ;s~FW Y6Qitaa I°resident Stewart Title Insurance Company ~M New York, New York retary Pan 1 of Policy serial No. 0-8911-569382 ' • It you want information about coverage or need assistance to resoWe complaints, please call our toll free number: 1-800-933-0074. If you make a claim untler your policy. you must tarnish written notice in accortlance with Section 3 of the Contlitions. V5i7 our Wortl-W itle Web site al h0o7/www.StewanNewYOrk.com File No.: ST71-71168 COVERED RISKS (Continued) i • 9. Title being vested other than as stated in Schedule A w being defective (i) to be timely, or la) as a resuk of the avoidance in whole or in part, or hom a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien aedkor. ' title to or any interest in the land occurting prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Title as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been weated or attached or has constituted a fraudulent or preferential transfer under federal been filed w recorded in the Public Records subsequent to Date of Policy bankruptcy, state insolvency, or similar creditors' oghts laws; or and prior to the recording of the deed or other instrument of transfer in the (b) bemuse the instrument of transfer vesting Title as shown in Public Records that vests Title as shown in Schedule A. Schedule A censtitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of Rs recerding in the Public Records provided in the Cond@ions. EXCLUSIONS PROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company, not recorded in the Public Records at and the Company will not pay loss or tlamage, costs, attorneys' fees, or Date of Policy, but Known to the Insured Claimant and not disclosed expenses that arise by reason of: in writing to the Company by the Insured Claimant prior to the date 1. (a) Any law, ordinance, permit, or govemmental regulation (induding the Insured Claimant became an Insured under this policy; those relating to building and zoning) restricting, regulating, prohibiting, or (c) resuking in no loss or damage to the Insured Gaimant; relating to (d) attaching or weated subsequent to Date of Policy (however, this (i) the occupancy, use, or enjoymem of the land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensbns, or location of any improvement 9 and 10); or erected on the Land; (e) resulting in loss or damage that would rwt have been sustained if (iii) the subdivision of land; or the Insured Claimant had paid value for the 7Rte. (iv) environmental protedion; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insovency, or simAar credtors' rights laws, that the transadion vesting regulations. This Eadusbn 1(a) dces not modify or IimR the coverage provided the TRIe as shown in Schedule A, is under Covered Risk 5. (a) a fraudulent conveyance or fraudulent transfer; or ' (b) Any govemmerrtal police power. This Exdusion 1(b) dces not (b) a preferential transfer for any reason not stared in Covered Risk 9 of .modify w limit the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exdusion dces not modify or limk the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8. govemmental authority and created or attaching between Date of Policy 3. Defects, liens, encumbrances, adverse daims, or other matters and the date of recording of the deed or other instrument of transfer in the (a) created, suffered, assumed, or agreed to by the Insured Claimant; Public Records that vests TRIe as shown in Schedule A. • CONDITIONS 1. DEFINITION OF PERMS Insured named in Schedule A for estate planning The following terms when used in this policy mean: purposes (a) "Amount of Insurance": The amount stated in Schedule A, as (ii) WRh regard to (A), (B), (C), and (D) reserving, however, all ' may be increased or decreased by endorsement to this policy, rights and defenses as to any successor that the Company ' increased by Section 8(b), or decreased by Sedions 10 and 11 would have had against any predecessor Insured of these Conddions. (e) "Insured Gaimant": An Insured Gaiming loss or damage. (b) "Date of Policy": The date desgnared as "Date of Policy" in (f) "Knowledge" w "Known": Actual knowledge, not constructive Schedule A. knowledge or notice that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limked liability reason of the Public Records or any other records that impart company, or other similar legal emky. constructive notice of matters affecting the Title. (d) "Insured^: The Insured named in Schedule A. (g) "Land": The land descrtbed in Schedule A, and affixed (i) The term "Insured" also includes improvements that by law constitute real property. The term (A) successors to the Trtle of the Insured by operation of "land" dces not indude any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, tRle, interest, devisees, survivors, personal representatives, or estate, or easement in abutting streets, roads, avenues, alleys, next of kin; lanes, ways, or watervrays, but this dces not modify or limn the (B) successors to an Insured by dissolution, merger, extent that a right of access to and from the Land is insured by consolidation, distribution, or reorganization; this poFCy. (CJ successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of EntRy; security instrument, induding one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by taw. without paymem of actual valuable consideration O "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting construdive notice of (1) it the stock, shares, memberships, or other equity matters relating to real property to purchasers for value and ~i interests of the grantee are wholly-ovmed by the without Knowledge. WRh respect to Covered Risk 5(d), "Public named Insured, Records" shall also indude environmental protedion liens filed (2) if the gramce wholly owns the named Insured, in the records of the Berk of the Unked States District Court for (3) if the grantee is whollyowned by an affiliated the district where the land is boated. Entity of the named Insured, provided the affiliated (j) "TRIe": The estate or interest described in Schedule A. j Entity and the named Insured are both whollybwned (k) "Unmarketable Title": Title affected by an alleged or apparent I by the same person or Entity, or matter that would permR a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust the Title or lender on the Ttle to be released from the obligation created by a written instrument established by the to purchase, lease, or lend if there is a contradual conddion requidng the delivery of marketable tRle. • Pa e 2 Serial No.: 0-8911-569382 ~ File NO.[ ST71-11168 CONDITIONS (Continued) • 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an ac[ that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured, or the Company is prejudiced by the failure of the Insuretl to ' only so bng as [he Insured shall have liabilRy by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liabilRy or oblgation to defend.. prosecute, or continue any (i) an estate or interest in the Land, or (ii) an obligation severed by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require [he Insured Claimant to ' 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submR to examination under oath by any authorized ' The Insured shall notify the Company promptly in venting (i) in case of representative of the Company and to produce for examination. ~ any litigation as set forth in Section 5(a) of these Condtons, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the ' title or interest that is adverse to the Title, as insured, and that might Company, all records, in whatever medium maintained, ' cause loss or damage for which the Company may be liable by virtue inducting books, ledgers, checks, memoranda, correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes. and videos whether bearing a ~ Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to i Insured Claimant to provide prompt notice, the Companys liabilRy to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company, the Insured Claimant shall grant ' of the prejudice. its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the even[ the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage, the Company may, at Rs option, require as a condi5on of confidential by the Insured Claimant provided to the Company ' paymern that the Insured Gaimant tarnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgmem of the Company, R is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state, to the extant possible, the basis of to submR for examination under oath, produce any reasonably tabulating the amount of the bss or damage. requested infomla5oo, or gmrn permission to secure reasonably necessary information from third parties as required in this 5. DEFENSE AND PROSECUTION OF ACTpNS subsection, unless prohibded by law or govemmernal regulation, (a) Upon written request by the Insured, and subject to the optons shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions, the Company, at its to that claim. own cost and without unreasonable delay, shall provide for the • defense of an Insured in IRigation in which any third party 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS, asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation islimifed to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company following adddional options: shall have the right to select counsel of its choice (subject to the (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause) to represern or tender payment of the Amoum of Insurance under this policy the Insured as to those stated causes of action. I[ shall not be together with any vests, attomeys' tees, and expenses incurred liable for and will cwt pay the fees of any other counsel. The by the Insured Claimarn that were authorized by the Company Company will not pay any fees, costs, or expenses insured by up to the time of payment or tender of payment and that the ' the Insured in the defense of those causes of action that allege Company b obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, instdute and prosecute any action or poceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle WRh Parties Other Than the Insured damage to the Insured. The Company may take any or WRh the Insured Claimant. appropriate action under the terms of this policy, whether or not (i) To pay or othervrise cettb with other parties for or in the it shall be liable to the Insured. The exercise of these rghts name of an Insured Gaimanf any claim insured against I shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attomeys' fees, and expenses incurred by the subsection, it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever fhe Company brings an action or asserts a defense to the time of payment and that the Company is obli ated I as requred or permitted by this policy, the Company may to pay, or 9 I, pursue the litigation to a final detertnina5on by a court of (ii) To pay or oihervrise settle with the Insured Claimarn the competent jurisdictioq and it expressly reserves the right, in its loss or damage provided for under this policy, together sole disaetioo, to appeal any adverse judgmern or order. with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT 70 COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permHs or requires the Company obligated to pay. to prosecute or provide for the defense of any action or Upon the exercise by the Company of either of the options proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss action or proceeding, including the right to use, at its option, the or damage, other than the payments required to be made, shall name of the Insured for this purpose. Whenever requested by terminate, inducting any liability or obligation to defend, the Company, the Insured, at the Companys expense, shall prosecute, or continue any litigation. • give the Company all reasonable aid (i) in securing evidence, Page 3 Serial No.: 0-8911-569382 File No-: ST7 t-t 7168 CONOfTIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does • This policy is a centraG of indemnity against actual monetary bss or not fully cover the IO55 of the Insured Claimant, the Company tlamage sustained or inwrred by the Insured Claimant who has shall defer the exercise of ds right to recover until after the suffered loss or damage by reason of matters insured against by this Insured Claimant shall have recevered its loss. policy. (b) The Companys right of subrogation includes the rights of the (a) The extent of liability of the Company for loss or damage under Insured to indemnities, guaranties.. other policies of insurance, this policy shall not exceed the lesser of or bonds, notwithstanding any terms or conditions contained in (i) the Amount of Insurance; or those instruments that address subrogation rights. (ii) the difference between the value of the Title as insured and the value of the Idle subject to the risk insured 14. ARBITRATION against by this policy. Edher the Company or the Insured may tlemand that the claim or (b) If the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the TBIe Conditions and b unsuccessful in establishing the Tdle, as Insurance Arbtration Rules of the American Land Title Association insured, ("Rules"). Except as provided in the Rules, there shall be no joinder I, (i) the Amount of Insuranceshall be increased by 10%, and or wnsolidation with claims or wmroversies of ottler persons. ii (ii) the Insured Claimant shall hAve the rgM to have the loss Arbitrable matters may inGude, but are rat limited to, any cemroversy i or damage determined either as of the date the claim was or Gaim between the Company and the Insured arising out of or III made by the Insured Claimant or as of the date d is settled relating to this policy, any service in connection with its issuance or and paid. the breach of a policy provision, or to any other cerrtroversy or claim (c) In addition to the extent of liability under (a) and (b), the arising out of the transaction giving dse to this Policy. All arbtrabfe Company will also pay those vests, attomeys' fees, and matters when the Amount of Insurance is $2,000,000 or less shaA be expenses incurred in acceNance with Sections 5 and 7 of these arbitrated at the option of edher the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbihated only when agreed to by both the 9. LIMITATION OF LIABILITY Company and the Insured. Arbitration pursuant to this policy and (a) If the Company establishes the TRIe, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect, lien, or encumbrance, or tyres the lack of a dgM of the award rendered by the ArbRrator(s) may be entered in any ceurt access to or from the Land, or cures the claim of Unmarketable of competent judsdiction. Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it 15. LIABILITY LIMfIED TO THIS POLICY; POLICY ENNRE shall have fully performed its obligations with respect to that CONTRACT matter and shall not be liable for any bss or damage caused to (a) This policy togetiler vrith all endorsements, 'rf any, attached to tt the Insured. by the Company is the entire policy and centract between the (b) In the event of any litigation, includ"vig litigation by the Insured and the Company. In interpreting any provision of th5 Company or with the Companys consent, the Company shall policy, this policy shall be construed as a whole. have no liability for loss or damage until there has been a final (b) Any claim of bss or damage that arises out of the status of the determination by a court of competent jurisdiction, and Tdle or by any action asserting such claim shall be restriGed to . disposition of all appeals, adverse to the Title, as insured. this policy. (c) The Company shall not be liable for loss or damage to the (c) Any amendmem of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settling wdting and authenticated by an authorized person, or expressly any Gaim or suit without the prior written consent of the incorporated by Schedule A of this policy. Company. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF provisions. Except as the endorsement expressly states, it LIABILITY does not (i) modify any of the terms and provisions of the policy, All payments under this policy, except payments made for costs, (ii) modify any prior endorsement, (iii) extend the Date of Policy, attorneys' fees, and expenses, shall reduce the Amount of Insurance or (iv) increase the Amwnt of Insurance. by the amount of the payment 16. SEVERABILITY 11. LIABILITY NONCUMULATIVE In the event any provision of this policy, in whole or in part, is held The Amount of Insurance shall be reduced by any amount the invalid or uneMorceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to indude that provision or such part held to be invalid, I, exception is taken in Schedule B or to which the Insured has agreed, but all other provisions shall remain in full force and effeG. assumed, or taken subject, or which is executed by an Insuretl after Date of Policy and which is a charge or lien on the Title, and the 17. CHOICE OF LAW; L-0RUM ~i amount so paid shall be deemed a payment to the Insured under this (a) Choice of law. The Insured acknowledges the Company has i policy. underwritten the dsks covered by this policy and determined the I premium charged therefore in reliance upon the law affecting i 12. PAYMENT OF LOSS interests in rea! property and applicable to the interpretation, i When liability and the extent of bss or damage have been definkety rights, remedies, or enforcement of policies of title insurance of fixed in accerdance with these Conditions, the payment shall be thejudsdiGion where the Land is located. made wthin 30 days. Therefore, tt1e court or an arbitrator shall apply the law of the v judsdbtbn where the Land is located to determine the validity of 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT claims against the Title that are adverse to the Insured and to (a) Whenever the Company shall have settled and paid a daim interpret and enforce the terms of this policy. In neither case under this policy, H shall be subrogated and entNed to the rgMs shall the court or arbdmtor apply its conflicts of law principles to of the Insured Claimant in [he Title and all other dghts and determine the applicable law. remedies in respect to the Gaim that the Insured Claimant has (c) Choice of Forum: Any litigation or other proceeding brought by against any person or property, to the extent of the amoum of the Insured against the Company must be filed only in a state or any loss, costs, attorneys' fees, and expenses paid by the federal court within the United States of America or its territories Company. If requested by the Company, the Insured Claimant having appropriate jurisdiction. shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant 18. NOTICES, WHERE SENT shall permit the Company to sue, compromise, or Settle in the Any notice G claim and any other ratite or statement in writing required to • be given to Me Company under this policy must be given to the Company at name of the Insured Claimant and to Use Me name of the Insured Gaimanl in any iranSaC[ien of Idiga4o0 involving these Claims Depanmenl at 300 Eazl 42 St, 10"' Floor, New York. NV 10017. Pa e 4 Serial No.: o-8911-569382 File No.: ST11-11168 ALiA U WNER'S PGIT~ Y (tii17/G67 SCHEDULE A • File No.. STll-11168 Policy No . 0-8911-569382 Amount of $1,350,288.00 Insurance: ' Date of August 3, 2011 Policy: 1. Name of Insured: Town of Southold ~ 2. The estate or interest in the Land that is insured b this olic is: Y P Y Easement 3. Title is vested in: Town of Southold who acquired Development Rights by Grant of Development Rights Easement from Lewis Edson as to lot 016.000 and Lewis L. Edson as to lot 06.0006 dated 8/3/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this 6c is described as follows: Po Y • See Schedule A Description, attached hereto and made a part hereof. Section: 102.00 Block: 02.0 Loc 016.000 Lot: 006.006 I • I ~ ~stewart -}~oM NEW YORK METRO 800-853-48 W title insurance company zt2-szz-tssarax stewannewyork.com SCHEDULE A -DESCRIPTION Title No.: STI l-ll 168 AMENDED 10/11/2011 DEVELOPMENT RIGHTS AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in [he Town of Southold, County of Suffolk and State of New York, known and deli Hated as art of Lot No. g 6 as shown P on a certain map entitled, "Subdivision Map of Deborah Edson", filed June 7, 1988 in the Office of the Clerk of the County of Suffolk as Map No. 8537 and described land; said part of lot and described land when taken together are more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Depot Lane; said point also being the division line between Lo[s 5 and 6 as shown on above mentioned map; RUNNING THENCE North 49 degrees 50 minutes 00 seconds East, 465.79 feet to land now or formerly of Lewis Edson; THENCE along said lands known as Lot Nos. 1, 2, 3, 4 and 5 as shown on abovementioned map and along lands now or formerly of Marian Columbus Club, Inc., and lands formerly of Bailey and now or • formerly of Gekee Wickham, and ]ands formerly of Kurczowski and now or formerly of Jeffrey Campbell and Saza Campbell, and lands formerly of Doroski and now or formerly of 7oseph Grattan, and lands now or formerly of Rober Jenkins and Jean Jenkins, the following two (2) courses and distances: North 40 degrees 10 nunutes 00 seconds West, 990.34 feet; North 40 degrees 54 minutes 30 seconds West, 483.40 fee[ to other lands now or formerly of Rober Jenkins and Jean Jenkins; THENCE along said land North 46 degrees 53 minutes 30 seconds East, 549.09 feet [o land now or formerly of Cutchogue Cemetery Association; THENCE along said land South 42 degrees 02 minutes 10 seconds East, 1,587.99 feet to a point; THENCE the following three (3) courses and distances: South 47 degrees 31 minutes 00 seconds West, 476.96 feet; South 36 degrees 19 minutes 50 seconds West, 130.00 feet; South 42 degrees 27 minutes 40 seconds Wes[, 459.41 feet to the northeasterly side of Depot Lane; - THENCE the following two (2) courses and distances along the northeasterly side of Depot Lane: North 40 degrees 48 minutes 00 seconds West, 151.52 feet; • t North 39 degrees 24 minutes 00 seconds West, 42.34 feet to the division line between Lot Nos. 5 and 6 ~ as shown on abovementioned map, the point or place of BEGINNING. ii it i • 2 ALTA OWNER'S POI~CY16/17/06) RESERVE AREA i i ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and ~ State of New York, known and designated as part of Lot No. 6 as shown on a certain map entifled, "Subdivision Map of Deborah Filson", filed June 7, ] 988 in the Office of the Clerk of the County oC Suffolk as Map No. 8537 and described land: said part of lot and described land when taken together are more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Main Road (SR 25) where the same is intersected by the southwesterly side of land formerly of W. Kaelin and now or formerly of Ellen Vanname and Jeanne Vanname; i RUNNING THENCE southwesterly along the northwesterly side of Main Road (SR 25) South 28 degrees 48 minutes 10 I seconds West, 118.25 feet to land formerly of A. Zaneski and now or formerly of Emily G. Victoria Trust; 'CHENCE along said land and land formerly of C. Zaneski and now or formerly of Farrukh Baig the following three (3) courses and distances: South 63 degrees 25 minutes 50 seconds West, ]25.00 feet; South 27 degrees 00 minutes 40 seconds West, 90.(10 feet, South 37 degrees 49 minutes 30 seconds West, 90.00 feet to Land formerly of E. Rosenfeld and now or formerly of Carol House and James House; THENCE along said land the following (3) courses and distances: North 42 degrees 43 minutes 50 seconds West, 442.14 feet; I ~ South 36 degrees 19 minutes 50 seconds West, 131.42 feet to land formerly of William Lappe and now or formerly of Joseph Dunne; Along said land and along land now or formerly of Dorothy Lozowski, Mary Lozowski and Wanda Lozowski South 42 degrees 27 minutes 40 seconds West, 467.72 feet to the northeasterly side of Depot Lane; I THENCE along said northeasterly side of Depot Lane North 40 degrees 48 minutes 00 seconds West, 50.32 feet to a point; THENCE the following three (3) wurses and distances: North 42 degrees 27 minutes 40 seconds East, 459.41 feet; North 36 degrees 19 minutes 50 seconds East, 130.00 feet; North 47 degrees 31 minutes 00 seconds East, 476.96 feet to land now or formerly of Cutchogue Cemetery Association; THENCE along said land South 42 degrees 02 minutes 10 seconds East, 200.63 feet to land now or formerly of Lillian Hamid; THENCE along said land South 35 degrees 58 minutes 20 seconds West, 19.14 feet to land formerly of W. Kaelin and now or formerly of Ellen Vanname and Jeanne Vanname; THENCE along said land the following three (3) courses and distances: South 39 degrees 50 minutes 00 seconds West, 113.15 Ceet; III AI,TA OWNER'S POLICY (6!17/061 South 42 degrees 47 minutes 00 seconds East, 130.51 feet; South 40 degrees 26 minutes 00 seconds East, 134.38 Feet to the northwesterly side of Main Road (SR 25) at the point or place of BE(UINNING. Ii I I • I • AL'IA OWNER'S POLICY (6/I7/OF) COMPOSITE DESCRIPTION ALL that certain lot, iece or arcel of land, situate, I in and bein ~ in the Town of Southold, Count of Suffolk and P P P Y g b Y • State of New York, known and designated as part of Lot No_ 6 as shown on a certain map entitled, "Subdivision Map of Deborah Edson", filed June 7, 1988 in the Office of the Clerk of the County of Suffolk as Map No. 8537 and described land; said part of lot and described land when taken together are more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Main Road (SR 25) where the same is intersected by the southwesterly side of land formerly of W. Kaelin and now or formerly of Ellen Vanname and Jeanne Vanname; RUNNING THENCE southwesterly along the northwesterly side of Main Road (SR 25) South 28 degrees 48 minutes 10 seconds West, 11825 feet to Land formerly of A. Zaneski and now or formerly of Emily G. Victoria Trust; THENCE along said land and land formerly of C. Zaneski and now or formerly of Farrukh Baig the following three (3) courses and distances: Soutkt 63 degrees 25 minutes 50 seconds West, ]25.00 feet; South 27 degrees 00 minutes 40 seconds West, 90.00 feet; South 37 degrees 49 minutes 30 seconds West, 90.00 feet to land formerly of E. Rosenfeld and now or formerly of Carol House and James House; THENCE along said land the following (3) courses and distances: North 42 de tees 43 minutes 50 seconds West 442.14 feet g , • South 36 degrees i9 minutes 50 seconds West, 131.42 feet to land formerly of William Lappe and now or formerly oC Joseph Dunne; Along said land and along land now or formerly of Dorothy Lozowski, Mary Lozowski and Wanda Lozowski South 42 degrees 27 minutes 40 seconds West, 46272 feet to the northeasterly side of Depot Lane; 'PHENCE along said northeasterly side of Depot Lane the following two (2) courses and distances: North 40 degrees 48 minutes 00 seconds West, 201.84 feet; North 39 degrees 24 minutes 00 seconds West, 42.34 feet to the division line between Lots 5 and 6 as shown on above mentioned map; RUNNING THENCE along said division line North 49 degrees 50 minutes 00 seconds East, 465.79 feet to land now or formerly of Lewis Edson; THENCE along said lands known as Lot Nos. 1, 2, 3, 4 and 5 as shown on abovementioned map and along lands now or formerly of Marian Columbus Club, Ina, and lands formerly of Bailey and now or formerly of Gekee Wickham, and lands formerly of Kurczowski and now or formerly of Jeffrey Campbell and Sara Campbell, and lands formerly of Doroski and now or formerly of Joseph Grattan, and lands now or formerly of Rober Jenkins and Jean Jenkins, the following two (2) courses and distances: North 40 degrees 10 minutes 00 seconds West, 990.34 feet; North 40 degrees 54 minutes 30 seconds West, 483.40 feel to other lands now or formerly of Rober Jenkins and Jean Jenkins; ALl'A OWNER'S POWCY (6/17/06) THENCE along said Land North 46 degrees 53 minutes 30 seconds East, 549.09 feet to land now or formerly of Cutchogue Cemetery Association; THENCE along said Land South 42 degrees 02 minutes 10 seconds East. 1,828.06 feet to land now or formerly of Lillian Hamid; THENCE along said land South 35 degrees 58 minutes 20 seconds Wesi, 19.14 feet to land formerly of W. Kaelin and now or formerly of Ellen Vanname and Jeanne Vanname; 'PHENCE along said land the following three (3) courses and distances: South 39 degrees 50 minutes 00 seconds West, 113.15 feet; South 42 degrees 47 minutes 00 seconds East, 130.51 feet; South 40 degrees 26 minutes 00 seconds East, 13438 Ceet to the northwesterly side of Main Road (SR 25) at the point or place of BEGINNING. I • • AL:rA OWNER'S POLICY f6/17/06) ALL OF'fAX LOT 016.000 . ALL that certain plot, piece or parcel of land, sihtate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the northwesterly side of Main Road (SR 25) where the same is intersected by the southwesterly side of land formerly oC W. Kaelin and now or formerly of Ellen Vanname and Jeanne V anname: RUNNING "THENCE southwesterly along the northwesterly side oC Main Road (SR 25) South 28 degrees 48 minutes 10 seconds West, 118.25 feet to land formerly of A. 7aneski and now or formerly of Emily G. Victoria Trust: 'THENCE along said land and land formerly oC G Zaneski and now or formerly of Farrukh Baig the following three (3) courses and distances: I South 63 degrees 25 minutes 50 seconds West, 125.00 fee[; South 27 degrees 00 minutes 40 seconds West, 90.00 feet; South 37 degees 49 minutes 30 seconds West, 90.00 feet to land formerly of E. Rosenfeld and now or formerly of Carol. House and James House: THENCE along said land the following (2) courses and distances: North 42 degrees 43 minutes 50 seconds West, 442.14 feet South 36 degrees 19 minutes 50 seconds West, 131.42 feet to Land formerly of William Lappe and now or formerly of Joseph Dunne; THF,NCE along said lands known as Lot Nos. 1, 2, 3, 4, 5 and 6 as shown on Subdivision Map of Deborah Edson, filed 6/7/1988 as Map No. 8537 and along lands now or formerly of Marian Columbus Club, Inc., and lands formerly of Bailey and now or formerly of Gekee Wickham, and lands formerly of Kurczowski and now or formerly of Jeffrey Campbell and Sara Campbell, and lands formerly of Doroski and now or formerly of Joseph Grattan, and lands now or formerly of Rober Jenkins and Jean Jenkins, the following two (2) courses and distances: North 40 degrees 10 minutes 00 seconds West, 1,174.48 Ceet North 40 degrees 54 minutes 30 seconds West, 483.40 Ceet ro other lands now or formerly of Rober Jenkins and Jean Jenkins; THENCE along said land North 46 degrees 53 minutes 30 seconds East, 549.09 feet to land now or formerly of Cutchogue Cemetery Association; THENCE along said land South 42 degrees 02 minutes 10 seconds East 1828.06 Ceet to Land Connerly oC Boyd and now or formerly of Lillian Hamid; THENCE along said Land South 35 degrees 58 minutes 20 seconds West, 19.14 feet to land formerly of W. Kaelin and now or formerly of Ellen V anname and Jeanne V anname; THENCE along said land [he following three (3) courses and distances: South 39 degees 50 minutes 00 seconds West, 1 ] 3.15 feet: South 42 degrees 47 minutes 00 seconds East, 13051 IeeC .ll,TA OWNER'S POLICY Ifi/17/U6) South 40 degees 26 minutes 00 seconds Fast, 134.38 feet to the nonhwestedy side of Main Road (SR 25) at the point or place of BEGINNING. • • II .1L CA OWNER'S FGLICY i6/i7lOfi~ ALL OF TAX LOT 006.006 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, in the Town of Southold, County oC Suffolk and State of New York. known and designated as Lot No. 6 as shown on a certain map entitled, "Subdivision Map of Deborah Edson", filed Juue 7, 1988 in the Office of the Clerk of the County of Suffolk as Map No. 8537: said lot being more particularly bounded and described as follows: BEGINNING at a point on the northeasterly side of Depot Lane; said point also being the division line between Cots 5 and 6 as shown on above mentioned map; RONNING THENCE North 49 degrees 50 minutes 00 seconds East, 465.79 feet to land now or formerly of Lewis Edson; THENCE along said land South 40 degrees ]0 minutes 00 seconds East, 184.14 feet to land formerly of William Lappe and now a' formerly of Joseph Dunne; THENCE along said land and along land now or formerly of Dorothy Lozowski, Mary Lozowski and Wanda Lozowski South 42 degrees 27 minutes 40 seconds West, 467.72 feet to the northeasterly side of Depot Lane; THENCE along said northeasterly side of Depot Lane the following two (2) courses and distances North 40 degrees 48 minutes 00 seconds West, 201.84 feet; North 39 degrees 24 minutes 00 seconds West, 42.34 feet to the division line between Lot Nos. 5 and 6 first abovementioned, the point or place of BEGINNING. • it • v;t'n owrvt;a's voi.icv iamnu,t • SCHEllULE B PART I File No.: STIl-11168 Policy No.: 0-8911-569382 This policy does not insure against Loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of: 1. Survey exceptions set forth asfollows: Survey Exceptions as shown on survey made by John C. Ehlers, Land Surveyor, last dated 6/30/2011 (Job No. 11- 129). ~i (a) Northeasterly line: No variations. (h) Northwesterly line: Farm well vazies with record fine. (c) Southeasterly line: No variations. (d) Southwesterly line: No variations. 2. Rights of tenants or parties in possession, if any. 3. Policy excepts the terms and conditions of the Grant of Development Rights Easement made by Lewis Filson as to Lot 016.000 and Lewis L. Edson as to lot 06.0006 to the Town of Southold dated 8/3/2011 to be duly recorded in the Suffolk County Clerk's/Registers Office . • 4. As to Lot 016.000: The premises is currently benefited by the Waz Veterans and Agricultural Exemption. Policy will except the lien which may attach by reason of any restoration of real property taxes after transfer of title by the owner entitled to the exemption_ I • STEWART TITLE • INSURANCE COMPANY LIEREIN CALLED'1'1IE COMPANY STANDARll NEW YORK ENDORSEMENT (Owner's Yo(icy) "Citle No.: .STll-11.168 Date oC Issue: August 3, 2011 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-569382 1. The following is added as a Covered Risk: "11. Any statutory lien Cor services, labor or materials furnished prior to [he datc hereof, and which has now gained or wlvch may hereafter gain priority over dre estate or interest of the insured as shown in Schedule A of this policy." 2. P.xclasion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water chazges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and [he dale oC recording of the deed or other instrument of transfer in the Public Records that vests "Citle as Shown in Schedule A. This endorsement is issued as pari 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. DATED: August 3, 2011 STEWART TITLE rNSIIAANCE COMPANY Countersigned By: `1`7~,~Pp~'+Yi~`" ti ~ ' a 1987 a $ e. a President Secretary Authorized Office or Agent - - _ _ Stewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 111(117 STANDARD NEW YORK ENDORSEMENT (1111 /OS) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) N ! y S A G M K ~ T S W A I V E R • • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner ofd~.SD~i~ acres of active farmland and/or acres of non-farmland, situated at Suffolk County Tax Map No. 1000-102-2-16.1 (formerly known as Suffolk County Tax Map Nos. 1000-102-2-16 and 1000-102-2-6.6) that is proposed to be ac uired b the Town of Southold in Suffolk Count A ricultural District #1, ursuant to q Y Y 9 P 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 ~I I S OTT A. RUSSELL, Supervisor LEWIS L. EDSON 53095 Route 25 P.O. Box 939 I P.O. Box 1179 Cutchogue, NY 11935 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) ' )ss: COUNTY OF SUFFOLK On the day of /a2(C~ 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. ~al~cuc. ~r? Notary Public PATRICIA L. FALCON Notary Public, State Of New York ~ No. 01FA4350146 STATE OF NEW YORK Qualified In Suffolk County ) S ' 24 ! )SS: Commission Expires Apnl pZd COUNTY OF SUFFOLK) On the ~ day of l~ZC6i _ , 2011, before me personally appeared LEWIS L. EDSON personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same as owner of the subject premises; and that by her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument. • Notary Public PATRICL4 L. FALCON Notary Public, State Of New York No. 01 FA4950146 _ Qualified In Suftalk County Commission Expires April 24, o~/-~ I 'i • STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 108 Airline Drlve Albany, New York 12235 Diutsion oJAgricultural Protection and Development Services 518457-7076 Fax. 518-457-2716 September 19, 2011 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 1 1 971-0959 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: Lewis L. Edson Owner 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. Sincere) , Y OBERT SOMERS, Ph.D Manager, Agricultural Protection Unit RSaad Cc: Ken Schmitt, Suffolk CountyAFPBChair ~~v~~v+~D File: AP11/043-W SEP 2 3 2011 DEPT.OFIAND RE ERVATI 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 ureau of Real Property, 5"' Floor v ~25 Broadway, Albany, New York 12233-4256 _ Phone: (518) 402-9442 • Fax: (518) 402-9028 Website: www dec n o_v Joe Martens Commissioner December 6, 2011 Department of Land Preservation Town of Southold P.O. Box 1179 Southold, ice' 11971-6959 Attn: Melissa Spiro, Land Preservation Coordinator Dear Ms. Spiro: We have received in our office the following correction to conservation easement: • CE: Suffolk 551 Grantor: Lewis L. Edson Liber: D00012677 Page: 183 Our file for CE Suffolk 551 has been updated to include the correction grant of development rights. Your cooperation in this matter is very much appreciated. Very truly yours, Carmen L. Story Acting Land Acquisition Section Chief Bureau of Real Property CLS:gm G°~C~C~C~~d~D • DEC 9 2011 DEPT.OFLAND PRE ERVATION OFFICE LOCATION: MELISSA A. SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR ~OF SOS TyOI 54375 State Route 25 mclissaspiro@town.southold.ny.us h O (comer of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 ~ Facsimile 631 765-6640 G Q .n • O MAILING ADDRESS: i O y ~ P.o. Box 1179 C~~~+~ Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 30, 2011 NYSDEC Bureau of Real Property 625 Broadway, Sa' Floor ~I. Alban NY 1223 -4 y, 3 256 Attention: Carmen Masters Re: CE: Suffolk 551 ! LEWIS L. EDSON to TOWN OF SOUTHOLD Dear Ms. Masters: Enclosed please find a copy of the recorded "Correction" Grant of Development Rights Easement on • property located within the Town of Southold that had been registered with the New York State Department of Environmental Conservation as CE: Suffolk 551. A survey error was found in the original recorded easement resulting in a change to the legal description reading [hat necessitated the filing of a correction document. Please take note of the following revisions regarding this easement: GRANTOR: Lewis L. Edson GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: November 21, 2011 LIBER: D990-1-,~.1~78 D00012677 PAGE: I6g 183 LOCATION: 30105 Main Rd (NYS Rt 25) & 740 Depot Lane, Cutchogue EASEMENT ACREAGE: 22.5048 acres SUFFOLK CO TAX MAP p/o 1000-102.00-02.00-0(6.001 & 006.006 n/k/a 1000-102.00-02.00-906-096 016.003 Kindly amend your easement registry accordingly and send me an acknowledgement ofyour revisions to me. I am truly sorry for any inconvenience to you [hat [his error may have caused. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Lewis L. Edson - P.O. Box 939, Cutchogue, NY 1 1935 w/ enc. OFFICE LOCATION: MELISSA A. SPIRO OF SQU Town Hall Anncx LAND PRESERVATION COORDINATOR O~~ TyOI 54375 Stale Route 25 melissa.epiro@towasouthold.ny.us ~ O (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 'i Facsimile (631) 765-6640 ~ ~ ~O MAILING ADDRESS: ~~'YOOUNT'1 P.o. sox ~ i 79 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 9, 2011 Lewis L. Edson P.O. Box 939 Cutchogue, NY 11935 Re: NYSDEC Conservation Easements Registry CE: Suffolk 551 Part of SCTM #1000-102.-2-6.6 & 16.1 • Dear Mr. Edson: Please be advised that the Town has had your conservation easement registry with the New York State Department of Environmental Conservation revised with information from the November 21, 2011 recorded Correction Grant of Development Rights Easement. Enclosed is a copy of the notice we received from NYSDEC with your property's updated information that includes the Suffolk County Clerk's recording information for Liber and Page of the recorded correction easement. The assigned identifier has remained the same. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Masters at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 551. Very truly yours, i ° G Melanie Doro Sr. Administrative Assistant • enclosure New York State Department of Environmental Conservation Division of Lands & Forests _ Bureau of Real Property, 5~h Floor v 25 Broadwa Alban New York 12233-4256 Y, Y. hone: (518) 402-9442 • Fax: (518) 402-9028 _ Website: www.dec.ny.gov 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 551 • Grantor: Lewis L. Edson Liber: D12670 Page: 160 The conservation easements cited above have been so identified for our indexing and filing purposes. This number maybe 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 $EP 1 6 2ui1 Acting Land Acquisirion Section Chief Bureau of Real Property DEPT. OF LAND CLM:gm PR S VATIDN OFFICE LOCATION: MELISSA A. SPIRO QF $t7(/ Town Hall Annex j ~ l LAND PRESERVATION COORDINATOR ~ ~Yo 54375 Stale Route 25 • melissaspiro@townsouthold.ny.us ~ l~ (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 H ~ Facsimile (631) 765-6640 ~ ~ ~O MAILING ADDRESS: P.O. Box 1179 ~~~~UMV,~~ Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 9, 2071 i NYSDEC Bureau of Real Property 625 Broadway, Sei Floor Albany, NY 12233-4256 Attention: Carmen Masters Re: Conservation Easements Registry i LEWIS L. EDSON 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: Lewis L. Edson I GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: September 1, 2011 LIBER: D00012670 PAGE: 160 LOCATION: 30105 Main Rd (NYS Rt 25) & 740 Depot Lane, Cutchogue EASEMENT ACREAGE: 22.5048 acres SUFFOLK CO TAX MAP p/o 1000-102.00-02.00-016.001 & 006.006 /k a 1000- (02.00-02.00-006.006 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land I reservation Coordinator • enc. cc: Lewis L. Edson w/enc. P.O. Box 939, Cutchogue, NY t 1935 OFFICE LOCATION; MELISSA A. SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR O~~OF SDUTyOI 54375 State Roue 25 melissaspiro@towasoutt~old.ny.us ~ O (corner of Main Road & Youngs Avenue) Telephone (631)765-5711 ~ ~ Southold, New York Facsimile (631) 765-6640 ~ ~ ~p MAILING ADDRESS: ~ly`,oU~ P.O. Box 1179 Southold, NY 1(971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 16, 2011 Lewis L. Edson P.O. Box 939 Cutchogue, NY 11935 Re: NYSDEC Conservation Easements Registry CE: Suffolk 551 Part of SCTM #1000-102.-2-6.6 & 16.1 • Dear Mr. Edson: Please be advised that the Town's purchase of a development rights easement on property located at 30105 Main Rd & 740 Depot Lane in Cutchogue has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Masters at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 551. Very truly you s, V Melanie Doroski Sr. Administrative Assistant enclosure • P R O P E R T Y R E C O R D S • LEWIS L. EDSON to TOWN OF SOUTHOLD Development Rights Easement 22.5048 acres Part of SCTM #1000-102.-2-16.1 (merged lots) Location (merged lots): 30105 Main Rd, Cutchogue Part of SCTM #1000-102.-2-16 740 Dept Lane, Cutchogue Part of SCTM #1000-102.-2-6.6 Closing held on Wednesday, August 3, 2011 Southold Town Hall Annex from left to right: Lewis L. Edson Supervisor Scott A. Russell ~.:Yt t I ~ t - ' i t I t:<2?'rs ?i? 'u i ~'g~fFO~~- oFF1cE LocAT1oN: MELISSA A. SPIRO CO To~sn I loll Mncx LAUD PRESP.RVAIION COORDIAATOR @~ °y'"~ Sd375 State Route 2~ melisaspiro uto~cn.sowhold.m.us ~ ~ <'; (ammr of Hain Rd K Youngs Ave) y y ~ Southold. New York Tele hone (631) 76~-711 p ~ O ~ ~ Facsimile 1631) 76~-6640 } ~j ~ MAILING ADDRESS: ;.'hpl ~ ~a,,. ~ P.o 13~>a 1 v9 ~ Southold. NY 11971-0959 - zc~. DEPAR"r1~1ENT OF LAND PRESERVATION TOWN OF SOUTHOLU To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing Land Preservation Committee Town Comptroller Town Attorney Stewardship Managers 'i Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy ~ From: Melissa Spiro, Land Preservation Coordinator Date: Au ust 3, 2011 9 Re: LEWIS L. EDSON to TOWN OF SOUTHOLD Part of SCTM #1000-102.-2-16.1 I • 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: 30105 NYS Rt 25 & 740 Depot Lane, Cutchogue SCTM parts of 1000-102.-2-16 & 6.6 (n/k/a part of 1000-102.-2-16.1) PROPERTY OWNER: Lewis L. Edson CONTACT DATE: May 3, 2011 PURCHASE DATE: August 1, 2011 d on 22.5048 buildable acres i PRICE: $ 1 350 288.00 base @ PURCHASE ( $60,000/buildable acre) TOTAL PARCELS ACREAGE: 27.7937 acres EASEMENT ACREAGE: 22.5048 acres RESERVE AREA: 5.2889 acres ZONING: R-40 & R-80 i FUNDING: CPF 2% Land Bank MISCELLANEOUS: The landowner offered a development rights easement on part of • a 25.5037 acres farm and on part of a 2.2890 acre lot. The iwo original lots were merged prior to closing. Lewis L. Edson i PO Box 939 Cutchogue, NY 11935 I II Jul 21 2011 Y , Robert I. Scott, Jr. Town of Southold Board of Assessors PO Box 1179 Southold, NY 11971 RE: SCTM# 1000-102.-2-6.6 & 1000-102.-2-16 Dear Bob, Please merge the above-referenced parcels and assign a new tax map number as per the request of the land preservation department. Thank you for your consideration in this matter. Sincerely, ~Q,I~~LIM Vl~gf,~ ~ ewis L. Eds" on ~IV1 1000- 1022- G°~C~C~~OM~D n Jt1L 21 20 DEPT.Of D E Lewis L. Edson Lewis L. Edson of Cutchogue died June 20, 2013, surrounded by his loved ones. He was 72 years old. He was born in New York City Jan. 17, 1941, to Lefferts P. and Grace (Riley) Edson and attended Southold High School and Syra- cuse University. Lew served in the United States Marine Corps and for the past 25 years had owned and operated Santa's Christmas Tree Farm with his family. Prior to that, he ran First Towne Realty for 30 years. He was a member of the New York State Christmas Tree Grow- ers Association and North Fork Country Club. Left to mourn his passing are his wife, Sheila McCarthy-Edson, whom he married May 24, 2013; three children: Lisa Christine Edson, Evans Munro Edson and Channing Virginia Edson; and five grandchildren: Hawke Edson, Sloane Edson, Oliver Edson, Gray- son Han-inan and Liv Harrinan. The family received friends June 23 at DeFriest-Grattan Fu- neral Home in Mattituck. Grave- side services were conducted June 24 by the Rev. Richard Boyer at Cutchogue Cemetery. Military honors were rendered by the U.S. Marine Corps. Memorial donations to Island Gift of Life Foundation, P.O. Box 532, Shelter Island Heights, NY 11965 would be appreciated. The Island Gift of Life Foundation is a nonprofit organization that pro- vides awide range of services to the people on the East End who are struggling both financially and emotionally with serious ill- nesses. n_.J a. 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P ru PROPERN MAP • ~ _ _ y..,. _ vf[T 'r v v r11 vi yr File +iiew Toolbar Help ~l © 11 1 ? ?I GJ 102.-2-16 473889 Southold Active RJS:1 School: Mattituck Schn • Edson; Lewis Rolll'ear: 2011 CurrYr Field crops Land AV. 6;600 301 D5 Route 25 bend Size:22.50 acres TotaL~V. 79.000 Owner Total: 1 Site Total: 1 Name.` Lewis Edson Prods: Nbad Cd: Sawar. 1+Jater. Utilities. .~ddlAddr. Field crops D Streak ' 30105 Route 25 PO Bo•.•. 939 City - ".Cutchogue_ NY Zip. 11935- Taxa6leYalue Mrscellaneotis Land Total:0 County- 13.717 Book 12557 Typa FF" Depth:" Acres: $qfk ' Muni 136711 Page- $82 Schoa~; 1d.300 Morfg. SeYd after Star. 14,3011 Bank: Aect No: 13 ' . Sale Total t Building 7otat! 0 Beak .:Page ~ Sala Date sSala Price i~7wner ` 1255?:: ,_5@~ ~IGI'D4JD$ ' 1:Edsop;'Lewis 7 Exemption .Total; 2 ~ 1'emt ~ (mprovament 'Total 0 Code Amaunt . fear pct TyGe Name Dim1 Dtm2 SDFT Yr Bu1t 41127;Vi!AR YET~• ! ~ 589 Q `_.D 4172U AG DIST ' ` I 4,70D 0 ~'D r $RecialDistrict - Total: 4 Vatuel Code: ~ i ! ~ Units pct Type tdoae Yax (062,9' Cut~Hoyue~C .00 OD~ ~;'r p0 PKk90 ,CutoFwN~vr:~r .96 .00 :00 SWQ71 Solid was1~ I ,06 eDQ WLV020 i`4Vaste Wate .00 AO `OD Doutledicktoopenawindow ev i • ~n:r.n~•cawyrnica~ixyrmwnr~rn~~~~~scrirrc~nr~L'~% File '~/ierv T2rlbar H?p - - h 02-2-6.6 473889 Southold Active R/S:1 School. Mattituck Scho • Edson. Lewis L Roll Year 12011 Curr Yr Res vac land LandA.'•1' 1.800 7d0 Depot Ln Land Size 2.29 acres Total AV. 1,800 Owner Total:l Site Total: 1 Name Lewis L Edson Prpcls: tdbad Cd: Ser~rer. b~/atec : UtiliFies~ .4ddlAddr. Res vac lai 0 Street: PD Box. 939 Crty:' Cutchogue_ NY' Zip; 11935 Taxable Yalue Miscellaneous Land Total: 0 Countyk, .1.800 `Book. '11730 - ; Type:- FF: Depth: Aores: Sgft ; Muni, 1,80D Page: '963 Schaof .7.800 Mgrtg Village 0 Bank: ~ah1 after-Star. Y,8D0 ' AcctPlo: 13 Sale , , >7otab D Buildingl Total 0 Book Page, ~Salel)ate '$alePrice Dwrer ~ - m m . ~ ~ E>tehyplron~ ,,i ~ T ar D ~ ~ ~ Improvement ~ Trtah. A ~ ~ . ~ ~ PF Teiei O+,pea; ~ Type 1.1ame f Oxrr1 Dim2 ~5'DFT 1ti Built "ts . , Code ~ ' -Amount-. Year. Pct L ti - i i ~3 5pertal Drsttrct "Total 4 Valua • Cosie ~ , Unrts Pct Type Move Tax Fp ~ C4tcho°gue FG 00 ° ~ ,00 AO r~Y90 i:riec~i New .Ob ~°:DD ~ -00 ~ : ? , S{iiLDll ~ata3id, Waste3 - -DD .00 ,Ob V7Vil0''cU W~3te W`~te ~ :`.130 .00 : -00,: - i; r_ Double dick toopenawindow • A ~ E R ~ I A L S i I• fi3 ~ y. 7',,. J~. ,rte} .~r~.I _ ~ . t - r'• ? - , i .r l / T. • • •~Ii ~ . 1F_ _ ~i ~ V `R 4` . t- ~ ~ ' ' 1 • Site: Edson Property, Cutchogue, N. Y. Yea~• 2008 • * ~ L mod, ~ "f~r11± ~ y ~~;fie ~~.e1f 1`~ I r ~ ~ y'~ y1"~'~ A 'J ~y .L ~1!: y~~:~.. Vii, f~. tt''-. r+K JF k 'w;s t'~R ~'t~'~• it _n i.~ ~ ~ ~ ~ # ` ~ ~ ~ ~ •L O z. M'F'R ~i"`~+ ~ - ''M~@ .::`.~.,dr ~tf d' ~ ~ j~ f~ ~'~rf}~`°" ` :'~,,~I~ ~ `V r ~ ~ t rv a l,.~ w~ ..y, ~2~~,4.,, *tif'317~~A~ ri, ~ _•'~sv. t ° e r ~ ~"r' ~.t.T S'~ ~ f qty ' * ~ ~ ~ .j., 1, 1. _ _ '.•r~ ~ T^ ~ f' F.. ~ ' i i ~ _ r ~ ~la~ ~ ~ ,~x ^ a , 3'~ . ~ _r~r. r f~_~~.t±..r¢Y~ p'~ ~ "Z1. IFPi w ~i~ ~ y ~ hd ~ jlI ~N ~ IF' F . ' ~'M r~ 1 ' : k~.X'y~ • ~\7//~ ~ I al ~ ~k*' ` ~ 'r1y,,, '~1- !P ~ R j ..g a ~'~L ' 5... ~ -_2T '1~~'^-:nr F 1 ~y.~~ p"4~E~' ~ ,f:~w'~'`<,~,'~ r ~~.,_~'7,.'1~ _ ~ ~3~,~ Q9;~°.~J. ~ i ^E' =~~!Np~~F • ~ e~ {fr..3' f A~ ,X ~~j~,'~~~~. ~A ff x r: ~'MA1~. fRc?r~~'. y,-,~ 1 A:: - 1 %1 t~ 4~ Mph Y. fRY:`M•~'~~. Its. N _'i ~ , Wit. ~ ~ 4 F,;;;. r; L ~ r... 'tt T~y.~, M ~M.~. { ~ . .vt ~.y~ ~°`,',4 _ ~.A~ .x,•15; _~~ii y~",~~ii. ` e, tea' k'~ f ~ ~ f i~ ~'i r ~ ~ a. i.- s ~ Q ,~h C s~ y ,ri ,~~?turf C • ,w ~ ~ ~ h' . ~ ~ ~ h .y ~ elf s , J rl ? i .S" S ~ii~~ ' 'x~'"- lam,-... ~ ; t y ~ ~ Y a. • , b • 3 '5--~~~~I ~ :y Tom'` ~ _ ~ yF ~Y y ~ ~ ~ I * r.i TT ~,J~} s ~ -N ~ r ~ rd. ~ I 1. • ~ ~ r~ ° d'~~, , ~ `~f I ~ 'f ~ e ` t' ~ ~ ~ yet 4 , ~r 4a . w R t. ~ j. ~ ~ ~ _4~ 'tip • Site: Edson Property, Cutchogue, N. Y. Year:• 1994 • ~ 3} ' 1^ p M~! ~ I ?4.R ' ` ~ li I~ll~~l~~ •f k:`~ +x' _ ~ ~ ~ ~ ~"4 .~~1 ^ r~. '7 ~ 0 - + `N ~ x ~ ~ `ri i • • - k ~ ~ ~ ~ . • . .S Q ~ r7~~ s' _ ~ i iti r ~ `i ~ ~ \ r e ~ ~ _ .b 'i . 'e. ' , k r~ t t Sf' r< _r . ~ •~',{1 ~ , ~ q~ ~ 1 • t ~ 'r • t ~ ~ .j _ - ' ter. ' T ~ ;,4~ • ~ , ~ J w , ~ ~ • r .v ~ ~4 q ~ r • Site: Edson Property, Cutchogue, N, Y. Year.• 7 969 • ` iii' ~ ~ qtr." ~ . ~~Ir i' ~ ' _ ' ~ ~ $rF f 7 ~ L fK ~ ` y: 'fir 5.+~ /P ' L ~ .tea ',C h~.. ..h M r -,s- ^q, , may., rs ~ _ 'I f ' f .s a J~yyy,,7,,,.'~,,,_~ /T. r i.t1 l ~ ~ A r P' N ~i~ 9v AyiZ~+/f „ ~ ~ L .i~ ~ y6 ~ ' t rL a ~'`a ~ ~kp ~ ,',jam/ " ~ ' s: n - ~ ~ r r 1 _ „ ,1 , ~ _ J.- ~~ba ~ /fir °i' 4 v i~.4y~ . '~i • • ~ f ~ Y' • ' - . , a ~ - • ' ~ F y r r ~ ~ :-A~. ~ • ~ ~ r ~ i 4 !1 . ~ l r~ a,. ~ ~ ' it ~ . . ~ I r • ,1 ~ Sy { r~ • Site: Edson Property, Cutchogue, N. Y. Year.• 1938 • S • U R V E Y $I~V6YONP~TY 80~T1'BQ~ ~ ~ S~OLZ Od[A~TI'Y.I~W YiOR[~ SUFFOLK COUNTY TAX ~ ~ 1000- 102-2-Ib 1000- 102-2-6.6 SURVEYED: JUNE 22, 2011 REVISED: AUG. 2, 2011 REVISION: SEPT. 16, 2011 i ~ CffitTIFI~D TO: ~~1 %.SWIS SON ~ ~ _ _ TOWN OFSOUTHOLD - - - _ _ _ S42°D2•Ip°P 3 STSWART Td7LE INSURANCE COMPANY ~ ~ - - - - - _ g b" ~ _ y~~^ I `~92°02'IOf " 240.07' ~ y~ I ~ 2°47'ao°z k e I______ ~ a . 114.3 a I ' 81 tee.. ~ry}___ I S. ~ ^~j~i _ 1 f(~11 ^J y1 X 1, I _ _ - U MJ~1 ~ ~ ~ fir' E~ ys 40°S4' _ i I I R a.w.,,, - s '483.40' W ~I401p' 'ppllii I 3 6 6 - ~j' 11 ? 442.:4' 6 1111 11 ~°lo•op'~11 i 484.14' 11 ~ e„ _ ~olN e.~ r ~zr 5 wti3 ii ~ 8 i n 'I g~31 iii ~ X311 ° ~ ii ~ 1.84' AREAS TAX LOT 6.6 = 228°10 ACRES ?'-->`5 TAX LOT Ib = 255037 ACRES -°_g=.~ ewxn~0 xve r- as 9EARIN65 POR LO7 6 OF "r.AIBDNISION MAP OF 70TAL AREA = 27.7937 ACRES DEBORAH FDSON' 7AX LOT bb VERE ROTATED ar orlo' 30' To AGREE WITN BEARIN65 of rAx JOHN C. EHLERS LAND SURVEYOR ~ erwx roles RESERVED Af~A 5.2689 ACRES ° 100 ~O° LOT Ib A5 RECITED IN DffD L.12551 GP.562 a vAST eum sTaarr rlne rqw DEV. RI6HT5 SALE AREA = 225048 AGISS n.vs. Isc, No. scrzln. ° RN[RIiTAL, N.1' JI~>UI L'9-R'UL9 I'nx 1~5'N~'H/ HI:1~-C:J'~crvU~olacpeux+ll~lt-119 K.iQ Viul,n~ A E R I A L M A P • • SURVEY OF PROPERTY S1TUAT~: CUTCHOGUE TOWN: SOUTHOLD SU~OLK COUNTY, NEW YORK SUFFOLK. COUNTY' TAX ~ I000 - 102- 2 - I0 I000 - 102 - 2 - 6.0 tREVIBION:~EPT. 16, 20ti ~ ~ON '~}WN OF aOu'l~OLD I8EP 21 2011 DEPL OF LAF]D PR[SERVAflOff F/NAL SURVEY LOT I LOT 2 LOT ~ LOT 4 LOT ~ =1 442.I4' ~ONU~NT FOU~ STAR POUND PIPE POUND AREAS TAX LOT 6.6 = 2.28qO ACRES TAX LOT 16 = 25.505~ ACt'S TOTAL AREA = 2~.7q57 ACRES ~ESE~V~ A~EA 5.288q AO~ES DEV. ~IGHTS SALE AREA = 22.5048 ACRES ®P. APHIO SO~E I"= ]OO' 0 IOO 200 ~00 tDEAF. INGS FOP. LOT 6 OF "SUBDIVISION NAP OF: PEBOF-AH EPSON" TAX LOT S.S !AIEP-.E F. OTATEP BY' O1°10' 50" TO AGREE !A!ITH BEAF-JNGS OF TAX Co 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 LAI~ SUR'~, EYOR N.Y.S. LIC. NO. 50202 REF-C:\User sUohn\d3ropbox\ 11\11-129.pro Co Deve 1 Rig a R I Town County Open Development Space Rights 0 Si Es 0 County Development Rights h d� Town z�jo no Development Zee Rights • • • P'i Town Development �s Rights Town dP To County Development Rights Development ` LPIo��t ' " Rights Town Development ` Rights OS �t r d low a._ Parts - III - III YV ,to z. 1 / ` * 10 E 6 Ytl C' d�L�loo�h�� 1001 nt ,