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Home My WebLink AboutTerry, Frederick ~~o ~y~ y z 1000-19-1-8.8 0 ~ (f/Wa 1000-19-1-p/o 8.4) Baseline Documentation Premises: 32210 Main Road (NYS Rt 25) i Orient, New York 30.2372 acres Development Rights Easement FREDERICK TERRY, as Trustee of THE FREDERICK TERRY REVOCABLE TRUST and ETHEL TERRY, as Trustee of THE ETHEL TERRY REVOCABLE TRUST to TOWN OF SOUTHOLD Easement dated November 3, 2011 Recorded November 17, 2011 Suffolk County Clerk - Liber D00012676, Page 903 SC"I'M 1000-19-1-8.8 (f/k/a 1000-19-1-p/o 8.4) Premises: 32210 Main Rd (Rt 25) Hamlet: Orient Purchase Price: $2,535,245.60 ~ (29.4796 buildable acres @ X86,000/acre) ~ Funding: Community Preservation Fund (2% land bank) Grant Information: USDA-NRCS grant eligibility $1,267,622.80 P C F Project Plan: Yes Total Parcel Acreage: 34.4387 acres Development Rights: 30.2372 easement acres Reserved Area: 2.5629 acres Subdivision Open Space: 0.7576 acre (requirement) Conservation Easement: 1.6386 acres (NYS DEC Open Space) Zoned: R-80 & R-200 Existing Improvements: In October 2011 - • Within Easement Area: dirt farm road; wooded area; small irrigation pond Within Reserved Area: four small farm buildings; one barn; one greenhouse VALUATION WITH DEVELOPMENT RIGHTS • PROPERTY DESCRIPTION LEGAL The subject is legally identified on the Suffolk County Tax Map as District 1000, Section 19, Block 1, Lot 8.4. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. LAND The subject contains an area of 35.32± acres and has 51±' of frontage along State Route • 25, running thence southerly along its westerly boundary a distance of 231±', thence easterly 46t', thence southerly 2,861±' (irregular), thence easterly 607±', thence southerly 346±', thence westerly 140±', thence southerly 155±', thence easterly 257±' (irregular) along Long Beach Bay, thence northerly 3,406±' (irregular?, thence westerly 142±', thence northerly 75±', thence westerly 129±', thence northerly 154±' to the place of beginning. The land is gently sloping and cleared. The property offers water views and has frontage along Long Beach Bay. Utilities (electric and telephone) are available to the site via Route 25. SR 25 (Main Road) is a two-way, macadam-paved road. Water would be provided by on-site wells. Sanitary flow would be handled by an on-site septic system. The southwesterly section of the property contains a small pond and the southerly portion of the property contains tidal wetlands. • LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING ~ PROPERTY DESCRIPTION (CONTINUED) • IMPROVEMENTS ' The subject is improved with 5 sheds with a total area of 1,284±SF, a barn with an area of 1,456± SF and a greenhouse with an area of 1,150± SF. ' • • LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING A P P R A I S A L 1'~- 0 i I o N • LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, August 31, 2010 at 7 00 p.m Members Present: John Sepenoski, Chairman Ray Huntington Chris Baiz Monica Harbes Lillian Ball (7:16 p.m.) Maureen Cullinane Members Absent: Eric Keil Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary AI Krupski, Town Board Liaison Dr. Damianos, landowner Andrew Stype, real estate broker for Damianos Patricia C. Moore, attorney for Venetis Commencement: • The meeting began at 7:03 p. m. with five LPC members present. • EXCERPT FROM 8/31/2011 LPC MEETING MINUTES • SCTM #1000-19-1-8.4 (Fred Terry) Discuss inquiry MOTION made by John Sepenoski, seconded by Chris Baiz, to direct Melissa Spiro to authorize an appraisal of the Terry Farm in Orient (SCTM #1000-19-1-8.4) subject to LPC's receipt of a formal ~ application. Appraisal shall be valued for the purchase of a development rights easement with a reserve area located at the northerly end of farm, with an appropriate access to the easement area from the Main Road. Values shall also be based upon allowable lot coverage for agricultural structures: 1) Lot coverage restrictions as per current Town Code; 2) 10% lot coverage; and 3) 2% lot coverage. Motion carried: 6/0 • ~I • LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, April 5, 2011 at 6:30 p. m. Members Present: John Sepenoski, Chairman (7:22 p.m - 9:30 p.m.) Ray Huntington Chris Baiz Maureen Cullinane Lillian Ball Eric Keil (7:30 p.m.) Members Absent: none Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary AI Krupski, Town Board liaison Tim Canfield, Peconic Land Trust (6:45 p.m. - 9:30 p. m.) Laura Klahre, Land Management Specialist II (6:30 p.m. - 7:15 p.m.) Commencement: • The meeting began at 6 35 p.m. with four LPC members present. • EXCERPT FROM 4/5/2011 ADOPTED LPC MEETING MINUTES Land Preservation Applications and Inquiries: • SCTM #1000-19-1-8.4 (Terry, Fred & Ethel) Update re: grant status and appraisal authorization Landowners have agreed to have their farm project included in the 2011 Federal Farm and Ranch Lands Protection Program (FRPP). Appraisal revisions needed to conform to FRPP standards and to eliminate multiple scenarios LPC requested prior to making offer. MOTION made by Chris Baiz, seconded by Maureen Cullinane, to direct Melissa Spiro to authorize an appraisal of the Terry to reflect FRPP requirements and to remove various scenarios which are no longer applicable. Motion carried: 4/1 (no -Ray Huntington) • P R O P E R T Y V I S U ~ A L S _ _ _ 1 _ _ _ _ - ~ Mul/ard M ~ % ~\'b~ 4 I I ~ M X18 ~ ~ IIL ~ L.~ 1 ~ ~ ORIENT P01l~IT _ ~ 25 ~ ~ I~~ //y 1 ~ Y ~ ~ ~ ~1 ' i~ B°~ f Ben's Pt un4 " / e°'~ ' ~ s,,; y" ems ' i 6.o»ns yr / i ' rs Neck Pf ~ ~ _ _ i- ~ ~j ' - ~ i / ~n .argent e~~~n ~ / , ~ ,l~ ~ 1 scdte ratty . ~ ee°~ ~ ii ~ ~ / y'< , I t~ Location Map ' t . s uua 1 Mrcr V 8'rlr ~ 9, $ S.R, x tzs qa•~~ lcr rye lsud u w )ZM~I 1 's R0. 4 us taA ^ OLO Le. ta. t.lz 44W R ` 1 V 11.5 Po } i T.1 11,31 rs E s3ur, ATF li .Ei Ypol~. _ ] 1101 tey ! 1Ae if.e \ ~ - - a eAe \ ~ ' eA 15~ O ]S.dld 1'e 1 lLT MSA lOF IAMB xoi0 m rtntu+~~aGnrv S S 1.1 LWAfd e ~ 9irw m ~vcn rtviv lO.t 1e ~µcl 1 OE'~E~ CMS! rKM51 J r ~ ~ eY xu \ / YI.lA nouc~--~ 1 I si~rr .S1.lE OF STArE a 'IE\ Ylge~ f0i Pr1..d /I r1 ~ _ _ ~ _ MFi Ybet SEE SFC ~ / _ _ on-m-rou JJ W 1 , ~ e ].Y.Id P.D. 65 srAres r 40 MA• 6U ~ rci ranl`. 5 __f~~. `D L _ ~ F D. ~ _z'~Jf ~ Tax Map Location ' SUBJECT PHOTOGRAPHS N~C~eJ3'!~~'~~ 4 ~ ,~E; ~ r ~ b 1 ti i' r It ~ j{~•l= ~ 4 'fly 4r ~ :4 a 1 ~ , I ~ , W k. 3' ~ r _ t._ t s:~ ~ . 1 y •41 ~~v ' _ MAIN ROAD FACING EAST 1 ~ Y ' ~i ~ 4: - . I a. .r ~ ~ " ti' j;. ...r 1 1 r _ ' , _ „ . , - - _ T}.a.. ,_Z s- . ~Y, r ~ L 'f, ,.yam.. .r~y~.. Y 1 MAIN ROAD FACING WEST ' SUBJECT PHOTOGRAPHS 1l 1lJOt~t,N,(~~X Z~Iv 1 t l ~ 'f 1t". ! "a .R~ ` • a ' ~G~ r { w._ VIEW OF SUBJECT ALONG MAIN ROAD 1 4 t:t~{.~R •<r . ~ . ~ ~ ~ ~ ~ ~ ~ r v:f ' SUBJECT'S WATER FRONTAGE/VIEW p~ ~i~1Jr``, f C ' SUBJECT PHOTOGRAPHS Uri? ~2Y 20/D ~ 1 q ;a,,,: . 4 ~ d V ~ Tw# W yYt`~,W ~ 1 N'F_y F cr '1#,~•F ~a-F~ ~1~~s ~'Ly qdd a..., _ I a~~- r _ ~ -e. in. .Y__•. 3- .a ~y,~~~ ..L h i.. , . - e` ~ y. hY F ..w . v i i ~ Y?.° y { ~ ~ - it r ~s .9'f'" lro,~ +r. P"' etia" "Y '-i t a t•- ~ -rRy. V : 4?~r a ,w ~ -fit - t ~`~sayl r 1 J ti's~~-~d.' _ ~ '~it~ ad~~'.if~ ~ ~`~4~'~,•~` ~,r N~ f.._ A ~ ~ _ . # ~y"~..= a « 6-- ~ j;. ' ~v~ of-' t . a ~a> ~ ~`1., ~'..+..f. ~~+5~'~ ~ S.-1, uy >~'Rfr'O \1°' w §~S{ wM W s -`tea, ~ Y ' ~~.'.yv~-. = yy ? Y~'~iy`~'~ +z,~ ?~i'~~, f7 .w~,'~ .:y ~ ~ .-be'a't -_ynvy~'~i,:,~'~' tv ~3~:.. - TYPICAL VIEW OF SUBJECT ' t~` K7; e <yi. s r n 'V Taw ~ C'.3..R .a~;~r ...~rryf n d L n Mk_ f4~r~t. ~ R. A - 16~'T}Pf ~ 'yf h 1 1. fA~f YS., F J ± ^ j d _ ~ - - 'I b J_~ _ _ I M? ~ r \ r.A~L .a~.y ..ice ~ ;TC `.V - ' ;4;. ~ ~ ' r d~Y 4} ~ t v ~ ~ ~ yr\ Y~5 ~ v`' ty - ~ .~'cl~,x,~;..."~ ~7~.,.``_-. ~ ~ 'lip"',., - :;Yy'=.v~~__'~.~~:. SUBJECT'S POND SUBJECT PHOTOGRAPHS ~`oven~h~v 2vio az` • L+ _ 1 1, i . _ { i l~' ~ r, ~ _ t ~ ~ . ` _ y Lr _ _f ' ')Tf SwF. ~ a~• y y ~ i . r SUBJECT'S BARN ~',n 2ese-uv~ ~Q~1 r L ~ ~ E ,wa,i~ ~ Kat f 7 t 1 _ ~ Y r y 5 ' ~ ~ ~ - (Mfg ~~YAa' Rf' ~ f"r ~!a Y •.a4 R ? 'z ~k ~->.=tg"~~,~1M ' ~ ~ .rte. ' •SUBJECT'S GREENHOUSE AND SHEDS i~ QESt~.vE ~12~ ~ ~ - ~ t 7; ;T-` - , ~ i i ~ ~I--- - ~ I _ ~ r~ i ~ ~ _ A~~ `u. ----~-~-L,~,~,r ~ ' ~ ; ~ ~ ~ . ~ ~ ~ _ ~ ~ p.~~.__~r 1 / ~ ~ ~ l ( ' ` ! y ~ ~ r- / lfJ t ~ e~~' y..ww......_ y --.w.*+,. ~ ~ J ---~L i ~ ~ ~ ~~I ~ 1 ~ ~ ~ ~ / 1 tV1aP zoning E N V I R 0 N E T A L S M 1 PHASE I ENVIROlOTNlENTAL SITE ASSESSMENT for the property located at: • 32210 Main Road Orient, New York 119 5 7 ~ Tax Map No. 1000-19-01-8.4 (portion of) prepared for: • Town of Southold Department of Land Preservation P.O. Box 1179 ~ Southold, New York 11971-0959 ~ prepared by: Cashin Tec c~a ervices, Inc. Engineering • PI n • Co traction Management ~ 1200 Veterans Memorial ~g a w ork 11788 - (631) 348-7600 JULY 15, 2Oll ~[~C~C~~d~® Jtlt i 821111 • j ii • • PHASE I ENVIRONMENTAL SITE ASSESSMENT • FOR THE PROPERTY LOCATED AT: 32210 MAIN ROAD ORIENT, NEW YORK 11957 TAX MAP NO. 1000-19-01-8.4 (portion ot) • EXECUTIVE SUMMARY ~ • Cashin Technical Services, Inc. (CTS) has performed an evaluation of the parcel identified on the Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Number 1000-19-01-8.4 (portion of) in accordance with the American Society for Testing I • 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 Department of Land Preservation to conduct this assessment in correspondence dated .Tune 20, • 2011. i 1 33-acre ortion of Lot 8.4 which is a roximatel 35 The subject ro ert is an a roximate p PP Y J P P Y PP Y • acres in size. The un-included 2-acre portion of the lot is located at the northeast section of the parcel and is developed with a large storage barn, greenhouse, small shed, with landscaped lawn areas and trees. The subject property is primarily comprised of an active farmland farmed by • Terry Farms, which also owns another farmland further east along Main Road. An unpaved I road/path located on the northeast corner of the parcel from Main Road serves as the entrance to the site. The farmland portion of the property is relatively level, subdivided into two sections. A • • small freshwater irrigation pond and associated freshwater wetlands are located on the I • ES-1 Cashin Associates, P.C. Engineering Planning Construction Management • • southwestern portion of the property. The southern boundary of the property contains an earthen it ~ berm and dense natural growth, mainly trees and brush. The southernmost portion of the property is comprised of a narrow strip of land that extends south towards Long Beach Bay, where there is about 400 feet of shoreline on the bay. This area contains an unpaved road/path ~ and an old boat basin, as well as natural growth including trees, brush and wetlands. The adjacent shoreline properties to the east and west of the bay are reportedly owned by the New York State Department of Environmental Conservation (NYSDEC). • The northwestern portion of the subject property contains four currently unoccupied, dilapidated structures, as described below: ~ Small Barn: A wood-framed, single-story structure currently utilized for storage of • miscellaneous items, mainly furniture. This structure reportedly was utilized as a stable for horses several years ago. • Three Small Structures: Wooden structures with wood siding, asphalt roof shingles, and wood plank flooring. These structures are currently vacant and were utilized for housing farm workers during the farming season from June through to November. The structures previously utilized • electricity and propane for small heaters. There are remnants of old furniture (bed frames, chairs, tables) and other miscellaneous items stored within these structures. • CTS accessed the subject property from Main Road, using an unpaved driveway which serves as the entranceway for the residential structure located along the northern boundary of the farm property. ~ ES-2 Cashin Associates, P. C. Engineering Planning Construction Management ' Adjacent properties consist of: residential properties and dwellings along Main Road to the ~ north; residential properties and dwellings and agricultural land to the east; Long Beach Bay to the south; and residential properties, dwellings and agricultural land to the west. The review of the historical data for the past 68 years revealed that the subject property has been ~ in use for agricultural purposes (i.e. planting fields) since sometime before 1940. According to ' the property owner, Fred Terry, the property/farm has been owned by his family since approximately the 1920's, and that historically they grew potatoes, cauliflower, cabbage, • tomatoes, wheat and other crops. 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 the following potential recognized environmental • conditions associated with the subject property: Current and Historic A¢ricultural Use: The owner reported that he has reduced the use of I~ certain herbicides and/or pesticides. Nevertheless, due to the current and long-time historic agricultural use of the subject property as well as adjoining properties, it is assumed that esticides herbicides and fertilizers were used over a rolon ed time eriod. Re Tonal P g P g p • contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long- term agricultural use. Site specific investigation, including sampling of soils and groundwater, ~ ES-3 Cashin Associates, P.C. Engineering Planning Construction Management would be needed to determine if long-term agricultural use has affected soils and possibly ~ groundwater at the site. • • • • i• 1 • ES-4 CasF~in Associates, P.C. Engineering Planning Construction Management x , ~ ~ M Structures '~i~•. ~ ~ *r,~9F`~ G ~ 'i. • 4• ~~s ~y~ ~ y f ~,,T . ~ ~4. • ~1 tr ! . ~ ~ ~ ~,..r. " a_,a~ yi,,..wiea - ~ 4 3:, z ` i ~ -4 , ~ , d ' ~ k y~ • i .I Ii~ Ili il~~i~•,~ ~ 'u c`._ 1r~A,. x yfilik~a U k^ it i i ~i, ~ ~ , ' , ~ ~ t ~ ;Ilia l j . ~ '~~;I;~'I~~ .~t;. ~~?~.o Fresh Water I t~J i~ 4 -;v; Pond ~ it ,,:z~ a ` ~ y`4 Yjj M . ~It'.•., liT~ •y ~ S "s W i ~ . Y 1~ +1 p L yy ~ ~ ~ ~ Old Boat' ~ K; r'~ Basin ~ t~ ~.b _ ti: 0 400 Feet Site Detail • Photograph #1 -View of the northern portion of the subject property located at 32210 Main Road, Orient, NY. • • • Photograph #2 -View of the mid portion of the subject property looking south. • ~ ~.:~Y--~ - - - - - - Photograph #3 -View looking west. _ _ 4~ ~ - ' t ~u' a • ~ r ~ ~ •v S' } J~~~~^t r~ i. . A • Photograph #4 -View of tree hedge utilized as a windbreak for the farmland. • Photograph #5 -View of the southern ' ~ ~ _ _ portion of the subject property. • • Photograph #6 -View of the southern portion of the subject property along Long Beach Bay, looking west. Note: adjacent property further west is owned by the State of New York. • w • _,~.u~; '~'+t'I B f • ' ~ • ,Zfai~:Y~l: Photograph #7 -View of a portion of the subject property along Long Beach Bay. Note: adjacent property further east is owned by the State of New York. • • s,. ~ ~ i~,I~ • Photograph #8 -View of and old boat ~ basin located on the southern portion of the subject property. ~ + • • >`ograph #9 -View of access road to southern portion of the prorerfy 1 r 5 • Photograph #10 -View of the southern portion of the property looking northeast. • ~~Ay, ~c~'~ ~~v-"n11 S4+ r r Ti YYYY x. ~ ~ r' x4yt,'/~~, a 'a ~ , ~ , Photo ra h #11 -View of freshwater pond located on the southern portion of the property. • ~ _ • Photograph #12 -View looking northeast. • T ~ 4 ~ ~ , nif i d ~ ~c ~ • ~ } ~-1 w~ y`: i • ;:f ~ r. f~% , ry --i- ~ s a . ' , ,h, Photograph #13 -View of structure ~4 ~ ~ ~ current) vacant. f _ ~ ~ Y y~. ~ ! 'v`` 'ct`N~A#~' ct~`~'Y4 l +~r '('+I^`! ` D j~ ~ ` , ~",iV C,~ ~r ~ - - - ~ .r. 11~= ~ Photograph #14 -View of structure i, ~ currently vacant. - 9tso~..d r1 .r~ ,.c-• L `-'1~~~ • ~ ~ Photograph #15 -View of structure 1<~~t . currently vacant. _ ~ ` ply _ • ~ mot, , ~ . , r ~ - I ~ i F .r- ~ g ~ _ r ~v k s ,:,41;' 1~ ' Photograph #16 -Interior view of structure. ' ~ - ~ „ . , 1 . y' 6 iii, f ~l, • ~ ~F i. Photograph #17 -Interior view of structure. ~ Y • ~1_ ` 3i~ 4 • ~ Photograph #18 -View of small barn i used for storage. I . • _ 4 ~ M3{x" tM.a I ~ Q ~ ~l r ~ - • tt _ r 1 ' . . ~ ~ .w ; w ' < ~ t dF ~ R Photograph #19 -Interior view of barn. \ ; 4. r ' i, I. ~ ~ - • _r Photograph #20 -View of large barn t ~ located on the un-included two acre - ~ r" ' ' portion of the lot. s: ,,3, ~i: • • Photograph #21 -View of greenhouse located on the un-included two acre portion of the lot. - - .~J.... • ~ e i- ' ~ k f" Q:•G ~ 1 • r Environmental FirstSearch 1 Mile Radius ~II'-""nm' _ FIRSTSEA ~ ~ ASTM Map: NPL, RCRACOR, STATE Sites = ~ ' 32210 MAIN ROAD, ORIENT NY 11957 • • _ ester N ~ ~ V'n 3 ark ~~s •e+''~ ~ ~ r G Pt\• Y Per 7 of Latham i d - _ rte- = _ _ _ - \ ~ ; ~ , rq ~ Te ry~Cemetery a /~r^ e F ~G Off' • n~ c; a _ r • S~~~rn~~c~: 7~~1e _IN,,.~~ Target Site (Latitude: 41.148334 Longitude: -72.370439) • Identified Sile. Multiple Sites. Receptor PL. I]ELNPL. Brownfield, Solid Waste Landfill (SWL), Hazardous Waste E;=:•a riballand....._......_....... :'T~ Black Rings Represent 1!4 Mile Radius: Kcd Kin. Hcp~csrr.t, >!In !t N Ada -LL • ~ m x se es u D 77 ' 9 77 i ~ ~ ~ ~ i - _ ~ '~d ` o ° '-r-v ' ~ o ~ ~ ' ~ , Onent <~Qe~ ~ew r• N II 6M ~ ° ~i' \ Rose a Pomt~jiy i '.JRe e !T :1_~--'~_ X , of Airoc•~ a oe$ ~ ~ ~ ~ :'E2r y :~rz GA~,AE 1 ~M Y ~~~~b. ~ v a u,~.v a i ~5 5= o • AL) ~ ~ 'x . ~ ' ~ w ; 1 . ~ ~ _,~~~_~te ~ ~ q. e ~ ~Cent~a~ ~ r~/~~ ~ ~ L e (-fj qo0 6 C ~ ~ ! ~ ~ Y fy. ~ ~w r onan~no •i d+ , ~ ~ ~ ~ ~ R~~p~'~ ~-"v~'~~'a3'i, ~ ~I 6 , i r~a2 X "s c t ~ x pN~ ~ ~ ~ ai i"+ a,~F, ea 'V ~~-~-?1 ~ arking OE;ems y ~ at 1 ' a x ~ r.*r E"~ ' x iS ~ SW.~ {'f b. _ d ._r " - . , yam. .,,'`4`~>'vh' * > +"y'?~ .5x - ,a ts. ~ w kYs : + °.,..1 New York State ~ Department of Transportation Orient Quadrang/e New York -Connecticut 7.5 Minute Series 1991 ~ • Di~ita/ Edition Sca/e 1:24000 I• • ~ Environmental FirstSearch - y~ 1 Mile Radius F1RST ` wM~~," ~ ASTM Map: NPL, RCRACOR, STATE Sites ,S 32210 MAIN ROAD, ORIENT NY 11957 • 1 { h: I N L I t S t fy r x fd 1 3 slp L 1~ U rv y ~.r. ~t ~ ~ .nn :v w ~ ,'S~ _ • ~ ~ f J I. 2 ~At~`v. t ~ If ~ V C .f. ~ I d~M u i ~ 'E Y a ~ ~ z k d GYN. L,.{, ,3 M 1 i...%7r~` . ` 1 H,y, t ` 1(.. 1 ~ m I • (,y~ i` , Viz. az t ? ~7 ^ ~ ~ • d r 'a 3. ? mgr. i ma ~ t ~ n ~ ~ r ' ~ ~s s ~~,k x k tlz'"` ~ t~ z'I I~ i ~ ~~Pf: 3 ~ b'"'' i` r P~y~ ^.e'"'R' i ~7 l4, ~ P~ ,y ~M1 x p" ~ u~ '~t r t ;n44t ~~'h {f~ 1: 5",~C Fv e-?^I''~ 7,. "aa t I .I x , a I :r = w ~~a ' v v.. ' rl ,y ~ . e: ~ Eot ~ ~ = xY y - ~ i • a d ~ Z„ frxg BCxkffeY pi /P'I ~z Source: Tele Alas Target Site (Latitude: 41.148334 LongitlWe: -72270439).. _ • Identified Sirc, Multiyle Sites. Receptor ' VPL, DELNPL, Brownfie145olid Waste LandRll (SWL), Hazardcua Was¢ r~~y riballand...__..__......._..._..._ Black Rings Represent 1/4 Mile Radius; Red Ring Represents 5011 fi. Radius • ~ Environmental FirstSearch F...1.........ra) .5 Mile Radius FIRSTS , >v ~ ASTM Map: CERCL~S, RCRATSD, LUST, SWL F~ 32210 MAIN ROAD, ORIENT NY 11957 • l ~ ~ : A .,,~r ~i + c. z`ni'~ e •I ~ " r~ jt I ""y}. ~ isnl I h. ,S. ri. 1~ ~ f t o,. ~ 3`I • - t ' k- ; : t t _ , h.,. • • _ K. s~~. ~ ~ t Source: Te-7e d71us Target Site (Latitude: 41.148734 Longitude: -72.270439)_......... • Idrntified Site. Multiple Sius,Rtteptor...._._..........._ NPL, DELNPL, Brownfiel4 Solid Waste Landfill (SWL), Hazardous Wv[e riballarM........._.__._ ~ Black Rings Represent 1/4 Mile Radius; Rcd Ring Reprtsenrs Sfxl G. Ruditu ~ ~ Environmental FirstSearch .25 Mile Radius FIE~RST u ASTM Map: RCRAGEN, ERNS, UST, FED IC/EC, METH LABS r) 32210 MAIN ROAD, ORIENT NY 11957 • Ii _ f ~;dt xd~r-~ I) i 1 ~ i ~ ~ ti~ ~ I I~ ~ ti ~CBgppi 1+t +t `Oi - d~a,, ~ ~ i Source: Teleddas Targe[Si[e lLantude: 41.148334 Longitude: -72.270439) i • Identified Site,Muttiple Sites, Receptor...._........_.........._ ® r 4PL, DBLNPL, Brownfield, Solid Wage Landfill (SWL), Hazardous Weate ;~~q nballend._......__ Black Ringa Represent 1/4 Mile Radius; RcA Bing kepresems Anl fi. RnAlus • ~ Environmental FirstSearch .12 Mile Radius En""~'~` FIRST r P; P ~ ~ ~ ~ Non-ASTM Ma Sills 90 ra. ( 32210 MAIN ROAD, ORIENT NY 11957 • • • • f • s • Source: Tele ddus Target Site (Latitude:4L14g334 Longitude:-72270439) ii • Idevdfied Sim. Multiple Sites.Receptor......._ ~ M ¦ PL, DELNPL, Brownfield. Solid Wasm Landfill (SWL), Havardom Wasm nballavd x National Hisrotic Sims and Landmark Sims......._......._._._.. _ © 0 Black Rings Reprcsrnt 1/4 Mile Radius; R<A Ring Represcsu tfxl (r. Rxdins • Environmental FirstSearch Lnvirucu+~~ -i ~ .5 Mile Radius FIRSTS ~t ` Wetlands Sites ~ 32210 MAIN ROAD, ORIENT NY 11957 • ~ `y- fA~ ~°w ff~ ' G. m a l J/ /r t>. - Gld l.~,t,. 't n 7 0 f r / ~ ~ Terry j ~ - S ~ ~ J r r ~ ~ /~y / .ti~nurc~e: 7c~1~~ .ltlcr.~ largetSite(La[itude:41.148334 Longitude:-7?.?704?9) ~ Wellands........_.........................._.._..................._......._....._......._.....___.. • Identified Si[c', Multiple Sites, Rcceptor PL. DELNPL, Brownfield. Solid Waste Landfill (SW'L), Hazardous Waste lib,rlland ~.T~, Black Rings Represent 1.4 Mile Radius: t.~.~J~,~.~ Environmental FirstSearch EIIYI[[)IIR1t:At11 .5 Mile Radius FIRSTS ,''1~r~ ` Floodplains Sites 3221Q MAIN ROAD, ORIENT NY 11957 • -----~-r-;~ • , d ~ a • r ' - - - - -1- ~ -r- • 11.. .Sorn'~~c': Tc'le .~l tJ~r.~~ "target Site fLatitudr.41.148334 Longitude: -72270439) ~ Floodplains: IDO Year. 500 Year • Identified Site, Nluhiple Sites. Receptur 'PL. (IELNPL, Brownfield, Solid Waste Landfill (SWI,), Hazardous Waste Black kings Represent U4 Mile Radius; Kral h~.nc Rr~^t.rni~ wu Ka~L~~, _ ~ ~t~v '"ate .,g,~` ~ = ~~t v~~ } . Y. Fir ~ *j: ~ ~ ~ .V:~: -'e: _ ii 1~~, ~ ~ ~i ~ 3/ - d' ' ~ 1 ~ ~ , ~ r~ ~ ~ . ~ I i„ ~ ~ - ~ 'I r a x,t C'~ • ,iq ~ ~ f v~. y $~~rY~~. 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CLEARS Study Map P U B L I C H'~ E A R I N ~ G • RESOLUTION 2011-391 ADOPTED DOC ID: 6812 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-391 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 24, 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 June 7 2011 at 7'32 p m Southold Town Hall 53095 Main Road. Southold New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Frederick Terry Revocable Trust and Ethel Terrv Revocable Trust. Said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning designations: R-80 (17.88f acres) and R-200 (17.441 acres) and is on the southerly side of Main Road (NYS Route 25), approximately 330 feet east from the intersection of Main Road (NYS Route 25) and Old Main Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 33f acres (subject to survey) of the 35.32f total acres. • The exact area of the acquisition is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture -Natural Resources USDA-NRCS .The urchase rice is $86 000 ei ht -six thousand Conservation Service ( g y ( ) P P dollars) per buildable acre for the 33f acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values and for the protection of fresh and saltwater marshes and wetlands. 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 maybe examined by any interested person during business hours. ~f 7~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] • MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, ICrupski Jr., Evans, Russell LEGAL NOTICE LEGAL NOTICE of PUBLIC HEARING RESOLVEll 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, June 7, 2011, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Frederick Terry Revocable Trust and Ethel Terrv Revocable Trust. Said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning designations: R-80 (17.881 acres) and R-200 (17.44f acres) and is on the southerly side of Main Road (NYS Route 25), approximately 330 feet east from the intersection of Main Road (NYS Route 25) and Old Main Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 331 acres (subject to survey) of the 35.32E total acres. The exact area of the acquisition is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $86,000 • (eighty-six thousand dollars) per buildable acre for the 331 acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values and for the protection of fresh and saltwater marshes and wetlands. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: May 24, 201 I BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk * ~ ~ PLEASE PUBLISH ON June 2, 2011 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board Website • SOUTHOLD TOWN BOARD PUBLIC HEARING June 7, 2011 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councilman Christopher Talbot * + Town Clerk Elizabeth Neville Town Attorney Martin Finnegan Absent: Justice Louisa Evans This hearing was opened at 7:46 PM • COUNCILMAN TALBOT: 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, June 7, 2011, at 7:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearin¢ for the purchase of a development rights easement on property owned by Frederick Terrv Revocable Trust and Ethel Terry Revocable Trust. Said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning designations: R-80 (17.881 acres) and R-200 (17.44f acres) and is on the southerly side of Main Road (NYS Route 25), approximately 330 feet east from the intersection of Main Road (NYS Route 25) and Old Main Road in Orient, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 331 acres (subject to survey) of the 35.32f total acres. The exact area of the acquisition is subject to aTown-provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $86,000 (eighty-six thousand dollars) per buildable acre for the 331 acre easement plus acquisition costs. The properties are listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values and for the protection of Public Hearing, Terry DRE 2 June 7, 2011 fresh and saltwater marshes and wetlands. 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 maybe examined by any interested person during business hours. I have a copy that it was posted in the Suffolk Times on June 2, 2011. And I have notice that it was posted on the Town Clerk's bulletin board on May 25, 2011. And a letter from the LWRP coordinator, "The proposed acquisition is for development rights, the action has been reviewed to chapter 268 of the LWRP program policies. 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." And that is it. SUPERVISOR RUSSELL: Would anybody like to comment on this particular public hearing with regard to acquisition of development rights on this parcel? COUNCILMAN KRUPSKI: There is a map here if anyone would like to take a look at it. You can see the parcel is located on the south side of the Main Road. If you look to the west, towards Narrow River, it is surrounded by (inaudible) DEC open space. The • state has purchased quite a bit of property to the south also. So that to the east and to the north, most of the farmland has been preserved through either county or town development rights program, so this is really one of the last pazcels in that area and it makes up quite a nice block of active farmland. And it protects not only farming forever (inaudible). I would like to thank the Terry family, it is really a great piece. SUPERVISOR RUSSELL: It certainly has been a piece that has been at the top of the town's priority list for a long time. I want to also thank the Terry family. This preservation program works because of people like you and your willingness to work with the town and protect this in perpetuity. Would anybody like to comment? (No response) This hearing was closed at 7:48 PM II ICI Elizabeth A. Neville Southold Town Clerk • S E Q R A P U R C S A S E R E S O L 1J T 1 T i Southold Town Board -Letter Board Meeting of June 7, 201 1 RESOLUTION 2011-448 Item # 4.33 .E ~.r ADOPTED DOC ID: 6813 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-448 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 7, 2011: 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 pazcel of property owned by i Frederick Terry Revocable Trust and Ethel Teny Revocable Trust on the 7th day of June, 2011, ~ at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-19.-1-8.4. The address is 32210 Main Road (NYS Route 25), Orient. The property is located within two zoning designations, R- 80 (17.88f acres) and R-200 (17.441 acres) and is situated at the southerly side of Main Road j (NYS Route 25), approximately 330 feet easterly from the intersection of Main Road (NYS Route 25) and Old Main Road in Orient, New York; and • WHEREAS, the development rights easement comprises a part of the property consisting of approximately 331 acres (subject to survey) of the 35.32f acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. This project may become eligible for partial funding from a grant proposal submitted to the United States Department of Agriculture -Natural Resources Conservation Service (USDA-NRCS). The I purchase price is $86,000 (eighty-six thousand dollars) per buildable acre for the 331 acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and scenic values and for the protection of fresh and saltwater marshes and wetlands; 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 Generated June 7, 2011 Page 2 i Southold "Down Board -Letter Roard Meeting of hme 7, 201 1 WHEREAS, the Land Preservation Conunittec has reviewed the application for the acquisition. and recommends that the Town Board acquire the development rights easement. and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, ~i WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, ' WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Re ulations for this action; and, be it further g RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Frederick Terry Revocable Trust and • Ethel Terry Revocable Trust, identified as part of SCTM #1000-19.-1-8.a. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. I I ~ Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] ~ MOVER: Christopher Talbot, Councilman SECONDER: Albert Krupski Jr., Councilman AYES: Ruland, Orlando, Talbot, Krupski ]r., Russell ABSENT: Louisa P. Evans III • II Generated June 7, 201 1 Page 3 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be coin leted b A licant or Pro'ect S onsor 1. APPLICANTlSPONSOR 2. PROJECT NAME n owh'Turc~.t,.u cFOeu'e..5~~s~gs.mtr~-:Icrry ~ou~-,~.a~ \ owN 3. PROJECT LOCATION: Municipality l~ ~ (Y\~ SO v'<H-U L OW /J County ~ U i- F U l- l~ 4. PRECISE LOCATION (Stceet address and road intersections, prominent landmarks, etc., or provide map) 322 1 u N.a.a1`~ c` N `I 2ors~ 2.3J1 pr ~ t n't 5. PROPOSED ACTION IS: New ~ Expansion ~ ModificaGoNaltemtion 6. DESCRIBE PROJECT BRIEFLY: 1- Tow~n ~occV.4bc fm~L' ~ '"~,5~."~g ~4s<w~rr~ o~ 33- Qcres o-F 35.3Zt ccc~lP -tatm, 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 3'> acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? • ~ Yes ~ No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ~ Industrial ~ Commerdal ®Agricullure ~,Park/ForesVOpen Space ~ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ® Yes ~ No If Yes, list agency(s) name and pennlUapprovals: frlaY ^cecer~~ ~r~.al ~-'~r~S.in-S ~row~ ~~`Af~ ~Pav~ 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ®No If Yes, list agenq(s) name and permiVapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ~ ~ Yes ~ No I CERTIFY THAT THE INFORMATION PROVIDED q^g~OVE IS TRUE TO TH/E~ BEST OF M1Y KNOWLEDGE ApplicanUSponsor name: ~ o r(PS((Jq'~~roq `ppR~\~po~4,Q Date: S J f 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 1 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 ~lo • 8. IMLL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative dedaration may be superseded by another involved agency. Yes ~No it 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 traKc pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly. 1~ v C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood charade(? Explain briefly: w~ C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: U C4. A c,,((o'm((munity's existing plans or goals as officially atlopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: /vV C6. Growth, subsequent tlevelopmenl, or related activities Hkely to be induced by the proposed action? Explain briefly: ~V C6. Long term, short term, cumulative, or other effects not identifetl in C1-CS? Explain briefly: II /~o C7. Other impads (inducting Uanges in use of either quantity or type of energy)? Explain briefly: • D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? 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 I11 -DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should. be assessed in connection with its (a) setting (i.e. urban. or ruraq: (b). probability of ocarring; (c) duration; (d) irreversibility; (e) geographic swpe; 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 detertninatiom ofsignificance mustevaluate the potentialimpad. of the proposed action on the environmental characteristics of the CEA. Check this bozif you have identified one or more potentially large orsignificant adverse impads which MAYOaxrr. Then proceed directly to the FUL EAF and/or prepare a positive tledaration. ® Chedcthis boxifyou havedetermined, based on the information and analysis above and anysupporting tlocumentation, thatthe proposedaction WlL ((S,NOT result in any significant adverse environmental impads AND provide, on attachmen s necessary, t as~o~ns~suJpp~o rrtg this determination ~7Ck{rDt, ~ am~~ dNge~ OA 2~0 _ C'RS'-~ L~~~Le ~'>:C!/"' c ~~S -r,t_ lowN Sc,~'EtZ.~~5o~2 Print o e Name of sponsible Officer in Lead Agency Title of Responsi Officer PI~iGfT Signature o Responsible Officer in Lead Agency Signature of reparer (If differe from responsible officer) OFFICE LOCATION: ~~F SO(/j~, MAILING ADDRESS: Town Hall Annex Ol0 P.O. Box 1179 • 54375 State Route 25 ~ ~ Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Tele hone: 631 765-1938 Southold, NY 11971 cn Y P ~ ~p Fax: 631765-3136 ~~y00UNTV LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: May 31, 2011 Re: Purchase of a develoument rights easement on property owned by Frederick Terrv Revocable Trust and Ethel Terrv Revocable Trust Location: 32210 Main Road (NYS Route 25), Orient. Part of SCTM #1000-19.-1-8.4. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 331 acres (subject to survey) of the 35.321 total acres. 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~l G°3~(~[~~d[~D MAY 31 2011 DEPT.O ND P ES C L O? S I N G S T A T E i M E N T • i • CLOSING STATEMENT FREDERICK TERRY, as Trustee of The Frederick Terry Revocable Trust dated November 12, 2009, and ETHEL TERRY, as Trustee of The Ethel Terry Revocable Trust dated November 12, 2009, as tenants in common to TOWN OF SOUTHOLD Total Development Rights Easement - 30.2372 acres Total Parcel Acreage - 34.4387 acres NYS DEC Open Space Conservation Easement Area = 1.6386 acres Reserve Area - 2.5629 acres Required Subdivision Open Space - 0.7576 acre Premises: 32210 Main Road (NYS Route 25), Orient, New York Parts of SCTM #1000-19.-1-8.4 Closing took place on Thursday, November 3, 2011 at 2:30 p..m., Southold Town Hall Annex • Purchase Price of $ 2,535,245.60* (based upon 29.4796 buildable acres @ $86,000/buildable acre) disbursed as follows: Payable to Frederick Terry Revocable Trust $ 1,267,622.80 Check #112056 (11/2/2011) Payable to Ethel Terry Revocable Trust $ 1,267,622.80 Check #112055 (11/2/2011) eligible for USDA-NRCS grant funding = $1,267,622.80 Expenses of Closing: Appraisal Payable to Lawrence Indimine Consulting Corp $ 3,600.00 Check #108078 (11/30/2010) Appraisal for Federal Grant Purposes Payable to Lawrence Indimine Consulting Corp $ 3,200.00 • Check #109984 (5/10/2011) . Survev Payable to John C. Ehlers Land Surveyor $ 3,400.00 Check #111557 (9/27/2011) ' Environmental Report (Phase I ESA) Payable to Cashin Technical Services Inc. $ 1,080.00 Check #110907 (8/2/2011) Title Report Payable to Stewart Title Insurance Company $ 10,679.00 Check # 112054 (11/2/2011) Title insurance policy $ 10,129 Recording easement $ 275 Certified easement $ 50 Recording C&R's $ 175 • Certified C&R's $ 50 Title Closer A n tte dance Fee Payable to Patricia Fallon $ 100.00 Check #112053 (11/2/2011) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Fred Ter ry Seller Ethel Terry Seller Marcia Z. Hefter, Esq. Attorney for Sellers Patricia Fallon Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Sr Administrative Asst Stephen Searl Peconic Land Trust, Incorporated • TOWN OF SOUIFIOLD • VENDOR 012328 THE FREDERICK TERRY REVOCABLE 11/02/2011 CHECK 112056 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 TBR448 110311 50% TERRY 30.2ACR DEV 1,267,622.80 TOTAL 1,267,622.80 . . i r„ i ~x ~ ~ Fa ie F P ~ 5 T7i Y ti^. au. I - I r~ ' ~ ~ 9 TO~TNIb~~S~~J O~ E ~ ~l~f ~ ~ ~ P1XI 53085 RfhIN f1,~'P pp6' 8 !{p.{~' 7 ' ~ N, ~ ~ IHE 83`1-09$9,'4= : , iii ER .K NO ~k.. r ~~~C or FOLX iwQ i9P.FIdNA1 BARK m" ter, @%~ ~ ~ cwrewgF~€ ~r iN935 ° ; DATA. flNl w ~ t - _ ~ - ~ ~ a ~ _ 11J02/~011 ~ $I~_~g7~622 ~D S ,~-~ae74,a ' ONE MI'i,~.ION TWO I-tUNDRED SIXTX~SEYEN°.'~HO~JSAI~T~J ~SI~-kUNDRED TWENTY 'tWOAND 80/3dC7 ~ DOLLARS - . 'i d, ~,U6Fp1,~~, PAX- TIE $'REDERICI~ TERRY RE'~OCABLE ~ ~ ~ ~ x879 MT13N RD. ~ . pE 'r O&IENT 5.1.957 .z, a i i ~ ' ~ ~ ~ ' a:. n~,.~~~{3°56u• "i:0~~ i4~b5464~: 63' OOOb04 O~i' .mom TOWN OF SOUTHOLD VENDOR 012327 THE ETHEL TERRY REVOCABLE 11/02/2011 CHECK 112055 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT ' H2 .8686.2.000.000 TBR448 110311 50~ TERRY 30.2ACR DEV 1,267,622.80 TOTAL 1, 267, 622.80 h 'c by I" l V r _ ~ _ _ i . e , a~ ~ TO~~O~'S~f~T~'` ~alz~~~rr o Y •53q A~NXO'!CD ~ ~ PPt ~ v~~e - ~ „ SOUTIJ~L9 ~w.:~y~7 Q~59 q sa,? ~ ~ f , , o ~ `a ~ ~,ic~ S~~ i K „ ~ lYi~ 9UF~01K CO NATIONAL BANK ~ c z ~ ~ ~ x,. ~ aUT~~4~NAi•1~3Ts ~ i v. . ~ g1~IE ~tII,1,~,TgT~7; TWCf HL7ptDREb SIXTY'3~"U,E'1~" ~.HS~i23L1 .SIX 3~UNDR~D1TWE13TY~TWO~ ANb1$dYlOtj2a,$p DOLL71R9,: ~ . ~ 8~1~'~~ CF°~` PdY THE ETHEL. TERRY REUDt'AB~.E , 95870 M~1I~Y R~, ~ o.9L~ ~ ur"o , ~pY22~i~T A1Y 13957 ~ ~ w, 7 ~ 6 3 ~0~ ~ ~ iii'~l i~(~~55u• "i:0'2~i4`b546~.~: ~ e ~OD4 Offs, Lawrence Indimine Consulting Corp. ~ nvo i ce PO Box 1453 Date Invoice # Smithtown, NY 11787 nns~zolo zs7 (631) 979-2735 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 i Description Amount ail Appraisal of Rest Property of Frederick Terry Revocable Trust, et al 3,600.00 Located 32210 Stale Route 25, Orient, NY SCTM#L000-19-1-8.4 ile#10102 NOV 1 7 2010 DEPT. Of LAND PRESERVATION Thank you for your business. Total $3,600.00 TOWN OF SO UTHOLD . VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 11/30/2010 CHECK 108078 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 21567 257 32210 RT 25,ORIENT-TERRX 3,600.00 TOTAL 3, 600. D0 GL108S 20 TOWN OF SOUTHOLD Disburs In it b Vendor Name ~ ~ Y Y View 1 Actual Hi ..............Detail--GL100N.............. Vendor.. 011893 LAWRENCE INDIMINE C W-11302010-338 Line: 165 Formula: 0 Y=Select Account.. H3 .600 - JE Date Trx. Date Fund Account Acct Dese ACCOUNTS PAYABLE - Begi : Trx Date..... 11/30/2010 SDT 11/29/10 4/22/2008 4/22/2008 H3 .600 Trx Amount... 3,600.00 4/21/2009 4/21/2009 H3 .600 Description.. 32210 RT 25,ORIENT-TERRY 3/09/2010 3/09/2010 H3 .600 Vendor Code.. 011893 Pay Method: 4/20/2010 4/20/2010 H3 .600 Vendor Name.. LAWRENCE INDIMINE CONSUL 4/20/2010 4/20/2010 H3 .600 Alt Vnd.. 5/18/2010 5/18/2010 H3 .600 CHECK........ 108078 SCNB Y, 11/30/2010 11/30/2010 H3 .600 Invoice Code. 257 5/10/2011 5/10/2011 H3 .600 VOUCHER...... , P.O. Code.... 21567 • Project Code. Final Payment F Liquid. Type of 1099. N BOX. Addl. Fixed Asset.. Y ' Date Released 11/30/2010 Date Cleared. 12/31/2010 E F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prev View ' Select Record(s) or Use Action Code ' +fx :ery,~r -r.. r.W _.vu~`~"~Y".",~a".,y.,,. w. @i.. p.M._ s• ~ Ra.""- 4,. ..a..w" 'yyy"'Wik•` ~I a..a- .q, "'~Q""'~"^RWdn^ u'^ -c~gb'9~"'.+ryLbr. `SFr -e Vr ~ .,,~+op,...sy1{~,r,.„.w~w,Jp"~.., ~8'?;1:78' etp~ a r > ~ "'!i-:.wE'„p„-"ek'W"'.~PAw ..+.:<.^'wdY~" '.JdF.'^ 'aau Y,~~ 111 J~ as ~i+~ .y~y.. !~$kM " .f, a ..tip.. - a~ ~ "^'451~'+'~` ~ ~ . N ~ } -t ' ~ M ~JY''s~.. ^~.'~spW~'~'H.94~,e^"`M~'~_' '~..t ~a,•~' a4 ~ V.".C#s~°^`~4 ~ i'.sfas- k+ "+4a` 'wkr~R' ZS r '~D* ++a~ ^Wsa~rS~+~ `a .i *a,a~' ~ rN ~ }.".mR{~~-~'°~fl.~ 4.+sM _ " ~ ~ ~.rW { ro. C o3N~ ~r ;.a- , r~ t ~3 .cap ° x «q .a.Y A " s:. t1~„ a+e a met `Fl3w' +w +.,xs a $'a"~~rr'% mnAV ~eg"~s)y~'°~.``. '°da~°~~,"v~'" mE~ •z K - 'M,'rt~~ ~ a?#,~" ~.lr~~-s~a w wx,' i ~ • s...Yrvi ~5~ .5.~ P 3~' Y ` Y ~y 4Q~m fA" F4 Ate: -ate d ~6ta` a7 w . ~ ~ .ia a - w,~i^ -waA•. exy, °*fi.LM ^~^4l ~ rev ys <a x~' a -sr 9x`-- ~~'`L0807i7`;~02Y4054614~4~~63 OOOOC3~.'>~(Jn: ~ - - - Lawrence Indimine Consulting Corp. ' nvoice PO Box 1453 I • Smithtown, NY 11787 Date Invoice # (631) 979-2735 anai2ou 29s Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 I II Description Amount Appraisal of Real Property of Frederick Terry, et al 3,200.00 Located 32210 State Route 25, Orient, NY SCTM #1000-19-1-part of 8.4 File #11031 • it G°~[~~~OdC~D APR 2 0 2011 DEPT.OFLAND PRESERVATIO Thank you for your business. Total X3,200.00 TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 05/10/2011 CHECK 109984 • FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 22669 295 'PERRY PROP-RT 25 ORIENT 3,200.00 TOTAL 3,200.00 GL1085 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. Vendor.. 011893 LAWRENCE INDIMINE C W-05102011-884 Line: 151 Formula: 0 Y=Select Account.. H3 .600 i - JE Date Trx.Date Fund Account Acct Desc ACCOUNTS PAYABLE Begl Trx Date..... 5/10/2011 SDT 5/06/11 I 4/22/2008 4/22/2008 H3 .600 Trx Amount... 3,200.00 ~ 4/21/2009 4/21/2009 H3 .600 Description.. TERRY PROP-RT 25 ORIENT 3/09/2010 3/09/2010 H3 .600 Vendor Code.. 011893 Pay Method: 4/20/2010 4/20/2010 H3 .600 Vendor Name.. LAWRENCE INDIMINE CONSUL 4/20/2010 4/20/2010 H3 .600 Alt Vnd.. 5/18/2010 5/18/2010 H3 .600 CHECK........ 109984 SCNB ~ 11/30/2010 11/30/2010 H3 .600 Invoice Code. 295 Y, 5/10/2011 5/10/2011 H3 .600 VOUCHER...... P.O. Code.... 22669 Project Code. Final Payment F Liquid. • Type of 1099. N BOX. Addl. Fixed Asset.. Y Date Released 5/10/2011 Date Cleared. 5/31/2011 E F3=Exit F12=Cancel i F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code I, •~-~dm'.wak~~°+~,bt? •-'r4~;f^WUar''~^,~~,~',,,gAC~°';~"^`''"~yp"".~,~.~tSi~ ro.^,~y".°*~Nbf? w'Lw ^vt?r~- .-.yy~., ~,r-.,~yyw• .,a .+~s~~ . 1d~ P~n~y°~`q~~~i®i!!!~~`~'" F . ~P` awe.' ~ ..arm'~"~-.d~.~°'''-~n`..~m`~~-ar1a-~"~`•~1®?~ '~~-k~u""-.tom .,-wl`„r-'M~„~y,.+~,."`"'~+~M-•yll~r"`..c.,e~w~~~~.~.,~•«+i~~ ..°'".~"""~t!"y~""ay". , ~ -+vw'"~-~IY~^°r1A~ - ,•.~m. ^,~yhr~b~'^'~ W46w~..n~M°~ei4r~. ~ •~wa~-- -^kE .mow°..~,°.°,~y~.." ^''°"^~$Yr.."y~iF,N."'d~"-,'~u'~^~Yas'R~,,~ab+~'-Y46C'~*''~1~~^'~3~^"-uap~..q„~y~s.,~e"4'"u.' ~ u'~b"'~~84~~' ~:0 2 140 5464~: 63 000004 0~~' ~I JOHN C. EHLERS It1VOIC@ 6 East Main Street • Riverhead, NY 11901 Date Invoice # Phone: 631-369-8288 Fax:631-369-8287 s/1z/zo11 zoo72o6 Bill To Your Client Town of Southold Wesnofsky Dept. of land Preservation Town Hall Annex Southold, NY 11971 SCTM# MyJob# 1000-102-2-16 Date of Service Description Amount 9/13/2011 Current survey of property 32210 Main Road, Orient, N.Y. 3,400.00 with reserve areas calculated and shown on the survey for development rights purchase • G°3C~C~~~M~D SEP 1 3 2011 DEPL OE LAND PRESERV TIO Total $3,400.00 Payments Applied $o.oo p $3,400.00 Balance ue PLEASE MAKE CHECK OUT TO JOHN C. EHLERS: TOWN OF SOUTHOLD . VENDOR 005322 JOHN C. EHLERS O4J27/2011 CHECK 111557 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22675 2007205 TERRY PROP-SURVEY-33 ACR 3,400.00 TOTAL 3,400.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. i Vendor.. 005322 EHLERS/JOHN C. W-09272011-262 Line: 100 Formula: 0 Y=Select Account.. H3 .600 • - JE Date Trx.Date Fund Account Acct Desc ACCOUNTS FAYABLE Use Acti Trx Date..... 9/27/2011 SDT 9/24/11 „ 12/19/2006 12/19/2006 H3 .600 Trx Amount... 3,400.00 3/13/2007 3/13/2007 H3 .600 Description.. TERRY PROP-SURVEY-33 ACR 5/08/2007 5/08/2007 H2 .600 Vendor Code.. 005322 Pay Method: 7/03/2007 7/03/2007 H2 .600 Vendor Name.. EHLERS/JOHN C. 9/11/2007 9/11/2007 H2 .600 Alt Vnd.. • ' 4/08/2008 4/08(2008 H3 .600 CHECK........ 111557 SCNB 6/03/2008 6/03/2008 H3 .600 Invoioe Code. 2007205 „ 11/18/2008 11118/2008 H3 .600 VOUCHER...... „ 12/16/2008 12/16/2008 H3 .600 P.O. Code.... 22675 ~ • 12/15/2009 12/15/2009 H3 .600 Project Code. 2/15/2011 2/15/2011 H3 .600 Final Payment F Liquid. 7/05/2011 7/05/2011 H3 .600 Type of 1099. M BOX. 07 Addl. Y, 9/27/2011 9/27/2011 H3 .600 Fixed Asset.. Y Date Released 9/27/2011 Date Cleared. ' E F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View ~ Select Record(s) or Use Action Code ' - ~ -+-+rt+~~"~`W`~`•,,--? "gyp„" ~aNw-~Y?~,,~bw~,~,~wkw.,,~y,.asla?''~ mow- .,.?y~. "'•-"~wem*~"'~„-„-.~1}~'~"-"~"~"-~+1~' .fir""~,`-..~'~w"~"' -w' -ribr--^Wdlo»'"~Ww.-~„~p, ,'~N~'.,~'"'.,"°WM-md~,. '"~^"y6W~°~~'^" a+Wi gels -*~--gym"' • .,..my~r..,,u~d.. ~`"~"w~?--x~b`'4~e~-+~* ;^+~N~?~-+~-~Mr'-Wlt~`~Ir `"'.,.may-mow,,. ~*~'M~- ~"`~'~5'S~~ "?:1T2"'1"5t~`5~°~'~r; ~-~C]Of74`" C7nW" -*u~,,~ ~a~hin Te~hni~~l S~r~iG~~, Ins. II • 1200 Veterans Memorial Hwy .Hauppauge . NY .11788 631.348.7600 phone / 631.348.7601 fax James A. Richter Town of Southold Offce of the Engineer 53095 Route 25 June 29, 2011' Southold, NY 11971 Project No: 11 CTS.009 Invoice No: 116 ~ Phase I Environmental Site Assessment for property located at 32210 Main Road (NYS Route 25), Orient, NY 1000-19.-1-8.4 Professional Services from June 01.2011 to June 30. 2011 Fee 1,080.00 Total this Invoice $1,080.00 I • it G°~C~~~~d~D JUL 1 8 2011 ' DEPT. OF LAND ~ PRESERVAT • _ _ _ _ TOWN OF SOUTHOLD • VENDOR 003079 CASHIN ASSOCIATES, P.C. 08/02/2011 CHECK 110907 FUND & ACCOUNT P.O.f~ INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 22676 116 PHASE 1 ESA-TERRY PROP 1,080.00 TOTAL 1,080.00 i GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name View 1 Actual Hi ..............Detail--GL100N.............. I Vendor.. 003079 CASHIN ASSOCIATES, W-08022011-771 Line: 55 Formula: 0 Y=Select Account.. H3 .600 - JE Date Trx.Date Fund Account Acct Desc ACCOUNTS PAYABLE Begi Trx Date..... 8/02/2011 SDT 8/02/11 „ 10/21/2008 10/21/2008 H3 .600 Trx Amount... 1,080.00 „ 10/21/2008 10/21/2008 H3 .600 Description.. PHASE 1 ESA-TERRY PROP „ 10/06/2009 10/06/2009 H3 .600 Vendor Code.. 003079 Pay Method: 5/04/2010 5/04/2010 H .600 Vendor Name.. CASHIN ASSOCIATES, P.C. „ 11/30/2010 11/30/2010 H .600 Alt Vnd.. „ 12/14/2010 12/14/2010 H .600 CHECK........ 110907 SCNB 1/04/2011 1/04/2011 H3 .600 Invoice Code. 116 ~i 1/04/2011 1/04/2011 H .600 VOUCHER...... 5/24/2011 5/24/2011 H3 .600 P.O. Code.... 22676 5/24/2011 5/24/2011 H .600 Project Code. . 5/24/2011 5/24/2011 H .600 Final Payment F Liquid. 5/24/2011 5/24/2011 HS .600 Type of 1099. N BOX. Addl. 6/21/2011 6/21/2011 H3 .600 Fixed Asset.. Y Y, 8/02/2011 8/02/2011 H3 .600 Date Released 8/02/2011 Date Cleared. 8/31/2011 - E F3=Exit F12=Cancel F2=Shift Up F3=Exit F10=Prey View , CANNOT FORWARD. END OF FILE -Wlw- . -mow- ^~^aku?. ,w~? ~I^wlf'W`fK'y~'~?.y~~"wµ~""'~"~y"~`~° yyp~W,,. w.' ;~y~,.. 1~' ."~}°~+~IdF""p~m'""'~"'"~"+~W~:"~-'4M'~~ ~ "~M~J~"~fi?='~*,~y~w. miilr ~.w~.. ~kIJ+ -•4du-~'wr~?'~"~'~~-+W~? ,,,~y~,.,y~y""q~'.,"at~ir ~ ~ ~ ~+~~-xWe~ +r3r.~-~fil~? •+~?`~i*^~d~•'-e~W -m'Im. "'"~"''°'°~'•~4a-, -~--•46w-wig-~w6w-~"da~- , - M` "Kb~- °xtW~^`akY. `+WPr..°mql~• e~ .y.'nybk? •~i1~,. ~W1C,+ -r..a•.~id9~'".+°.`.++laM~- ~-W+~Cr-'d'b+.".-'~N1Cr''.. wJ~-•mrdy- i~'LLD9D7n• i:02~405464~: 63 000004 On' - Stewart r ~tltie insurance company INVOICE INVOICE NUMBER: 8675 DATE: 11/12011 TITLE NO.: III 1441 TITLE CLOSER: Fallon, Pat APPLICANT/CLIENT: Twomey, Latham, Shea, Kelly, CLOSING DATE/I'lME: 11/3/2011 1:30 PM Dubin & Quartararq LLP CLOSING LOCATION: Town of Southold Anncx -Land LENDER'S ATTORNEY: N/A Preservation SELLER'S ATTORNEY: Esseks, Hefter & Angel, LLP 54375 State Route 25 PROPERTY ADDRESS: 32210 Main Road (NYS Rt 25) Southold NY 11971 Orient NY 631-765-6640 District: 1000 Section: 019.00 Block: 01.00 Lot: 008.004 TRANSACTION TYPE: Easement SALES PRICE: $2,535,245.60 COUNTY: Suffolk PROP TYPE: Commercial PURCHASER/BORROWER: Town of Southold SELLER (S): Frederick Terry Revocable Tmst Ethel Terry Revocable Trust I @ 1 PREMIUM: Fee Insurance Liabili Amount: $2 535 245.60 $l0 129.00 $10 129.00 ENDORSEMENTS: SEARCH FEES: RECORDING FEES: Agreement(s) $50.00 $50.00 Certified Co of Covenant & Restriction Pos[ Closin s Agreement(s) $50.00 $50.00 Certified Co v of Easement Pos[ Closin • Agreement(s) $I75A0 $175.00 Covenant & Restrictions Agreement(s) $275.00 $275.00 Easement A reement & TP-584 ' TAXES: TRANSFER/MANSION/MORTGAGE NYS Transfer Tax (usually paid by seller) ($10,142.00) Exem [-See TP-584 Peconic Bay Regional Torm Transfer 9'as ($49,204.91) Exem t-See Peconic Ba Form ADDITIONAL: SUBTOTAL: $10,679.00 $10,679.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $10,679.00 $10,679.00 $0.00 $0.00 RECEIPTS D[RECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: ~il I *Taxablc at 8.625%. • NEW YORK METRO 800-853-4803 212-922-1593 fax 707 Westchester Ave, 4th FI 300 East 42nd Street, 10th Floor 150 Broadhollow Road, Suite 217 Stewartnewyork.com White Plains, NY 10604 New York, NY 10017 Melville, NY 11747 Page I of 2 TOWN OF SOUTHOI,D • VENDOR 019624 STEWART TITLE INSURANCE CO. 11/02/2011 CHECK 1].2054 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 TBR448 ST11-11441 TERRY-TITLE INS. POLICY 1.0,129.00 H2 .8686.2.000.000 TBR498 ST11-11441 TERRY-RECORD. EASEMENT 275.00 ' H2 .8686.2.000.000 TBR448 ST11-11441 PERRY-CERT. COPY OF ESNN7T 50.00 H2 .8666.2.000.000 TBR448 ST11-11441 TERRY-RECORDING C&R'S 175.00 ' H2 .8686.2.000.000 TBR448 ST11-11441 TERRY-CERT. COPY OF C&R'S 50.00 i roµ f i»~ TOTAL 10, 679.00 c~ 1~,.. ;rt r ag ' f ~ ~ k, j. , ' ~ t # u'a.~ ;,~F i -r.: _ 4 f 3v` ~F .4 -u , I l a.,_ - e i r~~~' ~v` \\`FL~~' ~ri,~\a vex ~aVh" / h,., ~ Y! ~ r \as°O/ii va\ ^par Mll\~2 dy.. r~$~f'p' Ck'/,rf~.... i ~ a `~a~ e ~ v~ vw?v~ p~~ ~ ~5~ ° Vv~" 2~' +'as~""'y+-W`~' w ~'d ~ r~~ 'a~fi otgg* S~ ~5 7ff ~ 0 9 r .d. ms c. ..ter ~ ap? ` ' ~6" ma? " _ a ,mow, ~rr~' ~ ~ ~r lc'~iayirr. ~i~ ~r/ti"" t~~` v ^e ,fr/~ r wi ii/ ~,^i v~r uc ~ ~ ~l f3 Go NSIIgNALBnNK~ ~ ~ ~ s i~ d `0r~~b f~ or u~ wVA~~" " 'G~ rP{6~~"'~Q9ab tH 1 ~~Wx' ue wu'a~.m wi ~ dW- ek~~ ary 1:^ Lek ~.~YV w;,~~~+ ^<.~aA! y I PK ~ ~!~W~ n~y~„~ ~im~ 19 i~ .n: m ice' :vim yyi ~uj ~ N' mi as Y ~ °s.o v WyJ ' ~ mix ~ ~ VLAv ~ anfMM@P ak- I u ^M 4~ i~ol ~wu0 ' ~ w ~i i"'O.l~` a~Yy mix ~ x.~,~'~'µy ~y~rc~o~ am N ~~V1 ~i'~ i ~Y ~.ry ~u~ vLid~~~a~~W,~~~~{{s~y~'~~~iy~y .~,a~ '"xya~ ~.'~u ipu7.'~~~~~"Y~°~~"'~h~ I~u ~ 1"~~oi+a14~ ~ w .~x~~_ ~~I~fV~$~~lY4MYSrP t'+~~/~alY~~MYV ~.~~l1tt(3H U~lA fgl~Lb\11L'lYaZ~W 04~V kll ~~I II 14 hfiO .L IN 4 I~~yy91YI w'~ aU S~ Yap k' ~i ~r ~e wC4" f i i~u~tim w\Ca i. ~o u,: i Y ~ l<~. ~v~ ii fik } w Ii IP xl' ~«A~ miY~,i4~u~ iWQk~9^ !I~W,~ ' u ~ gqr k i m 4 ~ 4 1, AA roar ~r h'ii ~ +t i Whir J + V Jpp I ~ oia'x a ~ ~ v 5~ o Yu s r xl 'iga~ Pli~ ra Sr'~ ~ ~ t ugtl~f0~'i~ ~ %h ` < rJ.w x @~i ~a ~c ~ ^kv~aw ~ V A ' ' i A " ~ ~ is'` ..may rAAv m~^ i ~ I 1M AI i u ' ~ i~ .1' ~ om~ x ~ u i m n ~ m9i9il~Pka uw#,~y M# 4 ~4 Wti1Ci i i ~4Ill d it ~Lk i~ ? N i iP ~ 5~ f'~9N ~I~~M ~u~rV' W{io :SG~~k~`~~TL~E I~1`6 k ` GO ~ u~ ~ Wd~i'~~ ji ~1iWd°yk,~p~ ~ ~'hyi a =.s~" Yi ~-z~WM Y Wn 'W~71>""~~r~AM1 ii~rl iWi'Hi fY~i tlitl~Wm +t'uyp Art - (4' .wWblh4i ~m ",~fk sue' m~W~+°t' wkq I~Rk iW~yJ i V~ i4 y A ~~4mi ,kry~y~~ l[~bl+ i~P M1iw eCG~N IL ur^ ~o rl iuki k~{¢m t~ -_.',;ra +~!mys 4 li a ~Nx ~ih ~Wi 'Ny kM'V@Piil- t _ < ' r,:~r~, 9.~" ~ ? e+i r ~ r 4x wu~~ - ~ od w "m a"~' ~ °„`a 7~,,,„~ .r9rr rc ry a rw ri .M.ip ~ s?r hr~ !i',,'0z`--'; ,,,%;f`, ~a~i TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALI,ON 11/02/2011 CHECK 112053 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H2 .8686.2.000.000 THR446 ST11-11441 TITLE CLOSER ATTEND FEE 100.00 TOTAL 100.00 { ~ ~ i m °m ,k~.r y_ iM ~ ~ ~ a~ c I i Fi,'I ~ ,1, i ~'fx~y# rh I v i3'~ E~ i ~ ~ r~ I 1'a r. ~ ;t r_, i,.' , I. ~ ~ ~ i~ ~ ~i a ~ ~ 4aa r i i p, ,.;r r v r 1~ i A ~ ~ i/ i,,, i.i ~~~~~H~~F9~~NA~T~~BANK ~ i~~f.~xv,I~ ~I.Z/„~'L~s ~ iO~.~> > I' v. 1SA~ ~ ~ ~ ~ tee. a..., ~ m .~.,.`-^.~..-~~--e ^^b'.mi .ee i0 ~12~. 2 ~ ~"1-^r ~ I~I.7NI~~~Y3;Z~iD,~ OOj10O L)QLLPRS a L _ Lt~i}' _ PATRY~IA FAi~Y,ON ~ ' . ' ~ Ap.. ~VTi~ISTE aAK I,At1E ` - i7&aE'R ~ " F O~ ~ i 6~IITH~ri7PT9N NY 1,1:68 y, .j ~~dci~ y~ CR~~'1~,~ I s^ ~-d ,-o v ~ -u„' ~ , a y. I~~i~~i~i053~~°~ `feQ`2 i405'4~4ti: ~63 00~~3004 ~ ~ G R A T I N o M A T I o ~ I OFFICE LOCATION: MELISSA A. SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR o~~OF SO(/l~ol 54375 Slate Route 25 me]issaspiro@townsouthold.ny.us ti O (corner of Main Road & Youngs Avenue) • # # Southold, New York Telephone (631)765-5711 Eacsirzule (63]) 765-6640 ~ ~ ~O MAILING ADDRESS: ~ly`,oU~ P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 3, 2012 Albert Jones Acting State Conservationist USDA-Natural Resources Conservation Service on behalf of the Commodity Credit Corporation The Galleries of Syracuse 441 5. Salina St-Suite 354 (5`h floor) Syracuse, NY 13202-2450 • Re: TERRY Farm Project FRPP FY2011 Cooperative Agreement 73-2C31-9-042, Amendment 3 Town of Southold Dear Mr. Jones: Our sincere thanks to you and those at the USDA-NRCS offices in Syracuse, especially the help of Michael Fournier, for all the assistance extended to us here in the Town of Southold that brought the Terry Farm Project to its closing on November 3, 2011. The Town is pleased to include an additional 30.2372 acres of protected farmland to its ever growing list of preserved lands. The $1,267,622.80 grant funds awarded by USDA-NRCS that helped to make this project possible have been received by the Town. Thanks again for your support and financial assistance. Sincerely, • Melissa Spiro Land Preservation Coordinator Bridge Business Connect Page 1 of 1 i Business Bill Pay Online Help Options Log Out /Home 4, BRIDCINALMP"I'ON ~ j ` k BANK C ~t~~ ~'~~"t~'~E„ Summary Accounts Funds Manaoemen[ Posil'ive Pay Administ2Clon Review Print '~i Balances Transactions Stop Paymen[s Documents Preservation `"z 580003119: Previous Statement TransacSions as of 03/03/2012 8:55 AM EST Transaction Date Number Description Debit Credit Balance 12/0]/2011 641 CHECK 0,209.96 5,044,022.33 i 12/08/2011 3103036151 M6C PAY 120811 116001939124016 RMT'IV`T/SOUTHOLO-FINAL\ 1,26],622.00 ],112,445.13 12/00/2011 642 CHECK 2,651.00 ],109,]94.13 12/09/2011 DEPOSIT 100.00 ],109,099.33 12)20/2011 DEPOSIT 4,039.00 ],137,928.13 II/21/201] 4~ CHECK 12,910.4] ],101,0 V.66 12/22/2011 DEPOSIT 2]9,640.41 ,380,666.0] 12/22/2011 ~ CHECK 9,109.25 ),3]6,4]6.02 12/30/2031 INTEREST AT .1000 562.95 J,3]],039.J] Totaf: 4 2] 960.60 5 1 051 968.16 ~*,~sIrusi j Contact Us Privacy Policy ~ ~~..w.aa.. p 2003-2012 Flserv, Inc. or ifs afflia[es. https://webl3.secureinternetbank.com/EBC EBC1961/EBC1961.ASP?WCI=Process&STU... 1/3/2012 Q1+IB APPRDVPL NO. PAGE OF REQUEST FOR ADVANCE 0348-o0oa 1 2 PAGES a. xaneaenn bores 2. BASIS OF REWEST OR REIMBURSEMENT , REIMBDRSE- TYPEOF ? ADVANCE ~ MENT ® CASH PAVMEM h. xMe applicaak Uox REQUESTED (See instructions on back) ~ FINAL ? PARTIAL ? ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATION ELEMENT TO 6. FEDERAL GRANT OR OTHER 5. PARTIAL PAVMEM REQUEST WHICH THIS REPORT IS SUBMITTED IDEMIFYING NUMBER ASSIGNED NUMBER FOR THIS REpUEST BV FEDERAL AGENCY US Commodity Credit Corp USDA NRCS -FRPP 73-2C31-9-042 Amend 3 i s. EMPLOYER IDENTIFlGATION RECIPIENTS ACCOUNT NUMBER a PERIOD COVERED BY THIS REQUEST NUh18ER OR IDENTIFYING NUMBER FROM fmmM, day, year) TO fmmM. Coy, yxn 11-6001939 e. REGPIENi ORGANIZATION 10. PAYEE (where check is ro ce sent is CirMrent Man rfem s) Nate Town of Southold Name . Number 53905 Main Rd (Rt 25), PO Box 1179 Number and Street and Street City, State Southold, NY 11971-0959 City, State and ZIP Code : and ZIP Code T 7. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED PROGRAMSlFUNCTIONS/ACTIVITIES ? FRPP TOTAL a. Total program (As o/date) outlays to date 11/28/2011 $ 2,535,245.60 $ $ $ 2,535,245.60 • b. Less: Cumulative program income O.Ot) c. Net program outlays (Line a minus 2,535,245.60 0.00 0.00 2,535,245.60 line b) d. Estimated net cash outlays for advance 0.00 period e. Total (sum of lines c & d) 2,535,245.60 0.00 0.00 2,535,245.60. f. Non-Federal share of amount on line a 1,267,622.80 0.00 0.00 1,267,622.80 g. Federal share of amount on line a 1,267,622.80 1,267,622.80 h. Federal payments previously requested i. Federal share now requested (Line g 1,267,622.80 0.00 0.00 1,267,622.80 minus line h) j, Advances required by month, when request- 1st month ed by Federal grantor agency for use in mak- 2nd month ing prescheduled ad- vances 3rd month T 2. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. Estimated Fetleral cash outlays that will be made during period covered by the advance $ b. Less: Estimated balance of Federal cash on hand as of beginning of advance period i • c. Amount requested (Line a minus line bJ $ 6'00 AUTHORIZED FOR LOCAL REPRODUCTION (Continued on Reverse) STANDARD FORM 270 (Rev. 2-92) Prescribed by OtOCe of Management and Budget Cir. No. A-102 and A-110 13. CERTIFICATION SIGNATURE OF AUTHO CERTIFYING OFFICIAL DATE REpUEST SUBMITTED • I certify that to the best of my knowledge and belief the data on the reverse are ~ 11/28/2011 correct and that all outlays were made in accordance WIIh the grant cond1110n5 Or TVPEO ORP INLED NAME AND TITLE TELEPHONE (AREA other agreement and that payment is due Scott A. Russell, Southold Town Su ervisor DcrENS ON6ER. and has not been previously requested. P 1 631-765.1889 This space for agency use Public reporting burden for this collection of information is estimatetl to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, includng suggestions for reducing this rb~~u[~~r~~de~~n55,ppto the Office of Management and Butlget, Paperwork Reduction Project (0348-0004), Washington, ' PCEASE3DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET, SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11c, 11e, 11f, 11g, 11i, 12 and 13 are self-explanatory; specifc instructions for other items are as follows: • Item Entry Item Entry 2 Indicate whether request is prepared on cash or accrued Ii additional columns are needed, use as many additional expenditure basis. All requests for advances shall be prepared forms as needed and indicate page number in space provided on a rash basis. in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total" column on 4 Enter the Federal grant number, or other identifying number the first page. assigned by the Federal sponsoring agency. If the advance or reimbursement is for mare than one grant or other 11a Enter in "as of date," the month, day, and year of the agreement, insert N/A; then, show the aggregate amounts. On ending of the accounting period t0 which this amount a separate sheet, list each grant or agreement number and the applies. Enter program outlays to date (net of refunds, rebates, Federal share of outlays made against the grant or agreement. and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash 6 Enter the employer identification number assigned by the disbursements for goods and services, the amount of indirect U. S. Internal Revenue Service, or the FICE (institution) code if expenses charged. the value of in-kind contributions applied, requested by the Federal agency. and the amount of cash advances and payments made to subcontractors and su6recipients. For requests prepared on an 7 This space is reserved for an account number or other accrued expenditure basis, outlays are the sum of the actual itlentifying number that may be assignetl by the recipient. cash disbursements, the amount of indirect expenses incurred, e Enter the month, day, and year for the beginning and ending and the net increase (or decrease) in the amounts owed by of the period covered in this request. If thereq uest is for an the recipient for goods and other property received and for advance or for both an advance and reimbursement, show the services performed by employees. contracts, subgrantees and period that the advance will cover. If the request is for 11b ~n~e~atYleeSCUmula Live cash income received to tlate, if reimbursement, show the period for which the reimbursement requests are prepared on a rash basis. For requests prepared on is requested. an accrued expenditure basis, enter the cumulative income Note' The Federal sponsoring agencies have the option of requiring earned to date. Under either basis, enter only the amount recipients to complete items 11 or 12, but not both. Item 12 applicable to program income That was required to be used for should be used when only a minimum amount of the project or program by the terms of }he grant or other information is needed to make an advance and outlay ' information contained in item 11 can be obtainetl in a timely 11d Only when making requests for advance payments, enter the manner from other reports. total estimated amount of cash outlays that will be made • 11 The purpose of the vertical columns (a), (b), and (c), is to during the period covered by the advance. provide space for separate cost breakdowns when a project has been planned and budgetetl by program, (unction, or activity. 13 Complete the certification before submitting this request. STANDARD FORM 270 BACK (Rev. 2-92) R E C R D E D E A S E i ~ E T 11111111 IIII IIIII IIIII IIIII IIIII VIII VIII VIII IIII IIII IIIlII IIIII IIIII IIlI IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 11/17/2011 Number of Pages: 33 At: 11:34:20 AM Receipt Number 11-0126069 TRANSFER TAX NUMBER: 11-07730 LIBER: D00012676 PAGE: 903 District: Section: Block: Lot: 000 019.00 01.00 008.008 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $2,535,245.60 Received the Following Fees For .Above Instrument Exempt Exempt Page/Filing $165.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO ' TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $21.45 NO RPT $30.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $261.45 TRANSFER TAX NUMBER: 11-07730 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • I ~0~ ,lrber of p RFfCiRU~r~ z0i1 Nc+.~ 17 I1:>c::0 R1 ,iUf~ITH H. F'H'=~_W F This dac ent will 6e public c_e~x e~F record. Please remove all °uFrou eoatJT4 L DOOn12c?+. Social Security Numbers F ao= priorta recording. °rn ii-°'''-' Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 EEBS Page /Filing Fee Mortgage :Rmt. 1. Basic Tax _ lmg _ 2. Ad&[ional Tax ' TP-584 ~ _ Sub Total No Spec./Assn. - / or EA-52 17 (County) Sub Total Spec. fAdd. _ EA-5217 (State) TOT. MTG. TAX R.P.T.S.A. Dual Town, Dual County , ~ Held for Appointment Cornm. of Ed. 3. 00 ~ ' Transfer Tax Affi ~ • • Mansion Tax - _ p ~ y~ ~ ~ The property covered by this mortgage is Certified Co -t ' ~ / or will be improved by a one or two rchazge 15. 00 / `y 1 family dwelling only. Sub Total yES or NO ' Oth r ''1 / ~ ~ ' (1 / Grand Total ~ If NO, see appropriate tax clause on V page # of this instnunen[. Q 11024816 iooo 0].900 oioo oosooe 4 Dist. /BOD P T S 5 Community Preservation Fund ~ RealProperty RJME P` Consideration Amotant $ Tax Service 75-NOV-1 Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Dischazges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Vacant Land Tw,~ aG ~ounfo44 -~Rud PKESEeURricnY _ .5"375 kau~ ~jS 0 . Pax //79 TD Seundo•w, A/y //9'7/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 1 ~ 901 Co. Name Src-w.r,er Ti rce wwwsuffolkcountyny.gov/clerk Title# S7U-rfy~i ~>u~~oiK fount tT'cecornin r`~ ~ndlo~sem,~ntt<. This page forms part of the attached ~?R,IFf 0>`= ~~Yd6~t~`l 7CtG//Y~S .~A~f~i3E'NT ma " (SPECI).yTYPEOFIIQSTRUMENT) ~.ffD EX/Gi' T~CY asT'QUSrEEOF riYC r,C['l1Q' eta The premises hereinis siNated in T2CY .CBVlK9BLE r1~s>r~,ry,,,ra'' ",F`r~,vE~ T~,Py ,pS SUFFOLK COUNTY, NEW YOR • OG THE ETMEZ TEXCY .,.cyccAycs T,EjjS~r it ¢ i t r ~ r ~ yz,~ I ~ ,TO i. ~ t ~,rt'"~, of c~6un+au~ ac Saurs~uxt 1 r<%.-r~z,t~r ri ' r' AGE ~ ,y. T of ~.PIF~r/"r i BOXES 6 THRU 8 MUST BE TYPED 6R PRIIV'(•~D~j~3~;P,CK INK ONLY PRIOR TO REC 5 r-., GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on "the .3~ day of ~!o?o~sE-~. , 2011 at Southold, New York. The parties are FREDERICK TERRY, AS TRUSTEE OF THE FREDERICK TERRY REVOCABLE TRUST, AND ETHEL TERRY, AS TRUSTEE OF THE ETHEL TERRY REVOCABLE. TRUST, with an address of 35870 Main Road, Orient, New York 11957 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein. called "Grantee") and the United States of America ("United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service ("NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, 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 #1000-19-1-8~, 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. August 31, 2011. and last revised October 31, 2011 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the R-80 and the R-200 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 Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk Cqunty, i New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation easements on land with prime, unique, or other productive soil for the • purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 38381). Under the authority of the Farm and III Ranch Lands Protection Program, the United States Department of . Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided ONE MILLION TWO HUNDRED SIXTY-SEVEN THOUSAND SIX HUNDRED TWENTY-TWO AND 80/100 DOLLARS ($1,267,622.80) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used for field crops; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York 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 development; and .WHEREAS, Grantor and Grantee recognize the value and special j 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 TWO MILLION FIVE HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED FORTY-FIVE AND 60/100 DOLLARS ($2,535,245.60} and other good and valuable consideration paid to the Grantor, the receipt of which is hereby 2 r' acknowledged, the Grantor does hereby grant, transfer, bargain, sell . ; and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns. forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the Property, and the exclusive right of occupancy and of use of the Property,. subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which. shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and. agrees as follows: 0.01.. Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is I the owner of the Property described in Schedule "A", free of any mortgages or liens, as set forth. in Stewart Title Insurance Company Title Report No. STll-11441 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 {ands, open spaces and natural or scenic resources. 0.03 Purpose 3 i, The parties recognize the environmental, natural, scenic, • conservation and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of .federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Documentation • Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated August 31, 2011, last revised October 31, 2011, prepared by John C. Ehlers Land Surveyor and a Phase 1 Environmental Site Assessment dated Jufy 15, 2011 by Cashin Technical Services, Inc. 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. 4 r~ ,y 4~'J~ 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, ~I intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Tyoe This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, , ~ agreements, covenants, use restrictions, rights, terms, and conditions r, 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 i • "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 Municipa{ Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as 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 §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 5 tm, groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration 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 'i 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 TWO MILLION FIVE HUNDRED THIRTY-FIVE THOUSAND TWO HUNDRED FORTY-FIVE AND 60f 100 DOLLARS ($2,535,245.60) 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. 6 r;~~ . , ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the foNowing acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable i provisions of the Town Code and Section 1.02 and Section 4.06 of this Easement. 3 02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, • surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to ~ be placed or constructed on the Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an KRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or § 335 • of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of ~y. ti ~ at the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Such subdivisioh may not defeat or derogate from the purpose of this Easement or other applicable law. The United States Secretary of Agriculture shall be notified prior to such division or conveyance. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop • removal. 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. th2 Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent ' of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. • Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be 8 , used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §301 (2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development • rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No 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 NRCS. 3.09 Conservation Plan 9 Jj~ F All agricultural operations on the Property shall be conducted in a• manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.10 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall • conduct all agricultural operations on the Property in a manner consistent with a conservation plan (the "Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have. the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following • written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, ?o l (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appea{ rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to i affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Property. I 3.12 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to use the Property for agricultural production as set forth in Article Four below and the !i right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR r GRANTOR'S RIGHTS 4.01 Ownership I1 Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. ~ 4.03 Use I' 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 !I 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 commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping_Aetivities Grantor shall have the r'sght 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 12 Municipal Law and/or defined in Chapter 70 of the Town Code, now, or f, as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the j,! Agriculture and Markets Law, now, or as §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. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do 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. Notwithstandin the definition of a ricultural roduction in 9 9 P Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands • protected by a development rights easement or other conservation. instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Im rovements. Grantor shall have the ri ht to ~ P 9 erect and maintain the following structures and improvements on the i Property, as may be permitted by the Town Code, now or as may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) ~0 foot wide right-of-way along the entire eastern property line, recorded in Liber 3328 page 93; (iii) Construction of new structures, provided such • structures are necessary for or accessory to agricultural production; all new construction, 13 except drainage improvement structures, shall be ' located within the designated "Agricultural Structure Area" shown on the Survey and } described in the attached Schedule "B"; Lot 1 . coverage of structures within the "Agricultural Structure Area" shall be limited to 2% of the entire buildable area of the Property. (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; (v) Any improvement excluded from the definition of "structure" in Section 1.02. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. • 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. I 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. i 4.07 Notice 14 ,w,.-.. if Grantor shall notify Grantee, in writing, before the construction f~ of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all j" 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 and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shalt 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 subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, 15 levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights ar interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the ~ United States of America, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, i fines, fees, penalties, suits, proceedings, actions and costs of actions, • sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject to or incur relating to the Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant; or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, State, focal or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to- know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land • use as may now or at any time hereafter be in effect. 16 "Hazardous Materials" means any petroleum, petroleum products, fuel J oil, waste oils, explosives, reactive materials, ignitable materials, 1 corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials r' and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the United States against all • litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided,. however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Property open and does not engage in agricultura! production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") I~' 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, conservation and agricultural values of the Property. In the 17 event Grantor fails to comply with the provisions of this section after % reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as / provided in Section 5.02 and Section 6.03. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring conservation plan implementation, upon prior notice to Grantor and not more • frequently than annually without Grantor's consent. Grantee shall .not have the right to enter upon the Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, 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, 18 in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' written notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or II • (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 j a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within 10 days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called ~~Legal Expenses") in connection with • any proceedings under this Section, as approved by the Court. I' 19 Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the Secretary) or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southo{d fails to enforce any of the terms of this instrument, as determined in ~ the sole discretion of the Secretary. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, j 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. • Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, MRCS, cJo Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 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 and the United • States of America, a court with jurisdiction may, if it determines that 20 i 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 i" not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture MRCS, 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 7.01 Entire Understanding This Easement contains the entire understanding between the parties concerning its subject matter. Any prior-agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement. may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. I • 21 This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 7.03 Alienation 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 i, subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a'qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 22 ~~~<F - 7.04 Severability An r vision f this Easement restrictin Grantor's activities YPo 0 9 ~ i which is determined to be invalid or unenforceable by a court, shall not j 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 the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because ~I ~ 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 consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties, The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein, be construed at all times and by a{I 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. Iii I~ 23 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recordino 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 and the United States, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated April 13, 2011 (valuation date April il, 2011). The Proportionate Share is 73°t°. 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). If any part or all of this Easement is extinguished pursuant to ' 'Section 6.06, the proportional shares of the Grantee and the United States of America are 50°!0, and 50%, respectively, representing the proportion each party contributed to the purchase price of the Easement. 24 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: THE FGR~EDERICK TERRY REVOCABLE TRUST, GRANTOR FREDERICK TERRY, TRUSTEE THE ETHEL TERRY REVOCABLE TRUST, GRANTOR BY: 4 ~~rv~~. ETHELTERRY, TRUSTEE ACKNOWLEDGED AND ACCEPTED: TOWN OF SOU OLD, Grantee BY: • SC A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. Authorized Signatory for the NRCS ALBERT JONES, Acting State Conservationist STATE OF NEW YORK ) COUNTY OF O11t0~~S19 SS: On this ~ day oflU0~k7tI?~k~in the year 2011 before me, the undersigned, personally appeared Albert )ones, personally known to me or proved to me on the ba is of satisfactory evidence to be the • individual(s) whose names is re) subscribed to the within 25 ono-~~ ~~~t~y ct~ar~` lalbe-x~ t~~3-r~tt`~ ~xs~,,~r~ ~Fa r~ cr y~o.re~`~ n-e. pn+1-e baste o~~~~c+o y ~Ulderxa~ ~b,~e.-N-~ Ir~d~~t vci wl~c~~ rya-~~,-,e is ~l~rl1-z instrume~-and acknowledged to me tha h~she/whey executed the same infhis'herjtheir capacity(ies), and th'3t by II~S/"her/their signatur~ on the instrument, the individual(s), or the person upon behalf of which the ' dividual(s) acted, executed the instrument. Q~ KIMBERLEY A. STINSON ota ry P i is Notary Public No. O1ST5089252 STATE OF NEW YORK ) County of Madison, State of N.Y. COUNTY OF SUFFOLK ss: Commission Expires; December 8, ~ On the J1~ day of IVaK~3~- in the year 2011 before me, the undersigned, personally appeared Frederick Terry, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Signature/office of individual taking acknowledgement pATRICIA L. FALCON STATE OF NEW YORK) Notary Public, state Of New York No. 01FA4950146 COUNTY OF SUFFOLK) SS: Oualified In Suffolk County Commission Expires April 24, o`LO~~ On this 3'~day of Ada?. in the year 2011 before me, the undersigned, personally appeared Ethel Terry, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. Notary Public PATRICIA L. FALCON STATE OF NEW YORK Notary P~bl~c, State 01 Newyork ) No. OtFA4950146 COUNTY OF SUFFOLK) SS: Qualified In SuffoeS APrt 24 ,Zo/~ Commission Exp • On this ~~day of Y• in the year 2011 before me, the undersigned, personally appeared Scott A. Russell, personally known 26 ~-l~,ls 3~~ ~ o~ 1~~-.les~-r,~~- ,r,~~r~ ~e~- ~J1~ ~Fore_ 7~, to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ~Q~S.r_Ge.~ ~2~ Notary Public PATRICIA L. FALCON Notary Publiq State Of New York No. O1FA4950146 ~i Qualified In Suffolk County Commission Expires April 24, ~4/5 I • ~1~~- l ~bC~ O1.C~`J L-~- oc~ .COI--E ~l r~ a~ " .ll NEW YORK METRO • ~ Stewarf o ~ w~,.` 800-853-4803 212-922-1593 taz title insurance company stewartnewyork.com SCHEDULE A -DESCRIPTION Title No.: STll-11441 AMENDED 11/1/2011 DEVELOPMENT RIGHTS EASEMENT ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and Slate of New York, bounded and described as follows: BEGINNING at a point mazked by a monument set on the southerly side of Main Road (State Route 25); said point also being the division line between premises about to be described and land now or formerly of Latham Farms Property LP and County of Suffolk; RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 minutes 50 seconds East, 50.70 feet to a point; THENCE South 06 degrees 48 minutes 40 seconds Wes[, 154.00 feet to a point; THENCE South 75 de ees 45 minutes 00 seconds East 129.00 feet to a oint ~ r THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point; THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber; THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber (Town of Southold Development. Rights) South OS degrees 41 minutes 10 seconds West, 297.42 feet to the true point or place of beginning; RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of Southold Development Rights) and [he Slate of New York the following five (5) courses and distances: (1) South O5 degrees 41 minutes 10 seconds West, 848.82 feet; (2) South OS degrees 27 minutes 10 seconds West, 594.05 fee[; (3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet; (4) South OS degrees 17 minutes 10 seconds West, 574.34 feet; (5) South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C. Open Space Conservation Easement as set forth in Liber 11155 Page 454; THENCE along said land and land now or formerly of the State of New York the following two (2) courses and distances: (1) North 74 degrees 14 minutes 54 seconds West, 740.00 feet; ~I 1 r. ' (2) North 06 degees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line between premises being described and land now or formerly of Latham Farms Property LP and the County of Suffolk; ~ THENCE along said land the following three (3) courses and distances: (1) North 54 degees 00 minutes 00 seconds East, 95.83 feet; (2) North 15 degees 20 minutes 00 seconds East, 2,067.00 feet; (3) North 14 degees 44 minutes 30 seconds East, 194.53 feet to a point; THENCE South 81 degees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights), the true point or place of BEGINNING. • I • 2 H _ s 1VA'~:OR~iY p $ ~ N SOPPOfZO0i1AT1Y.N6WY4o~+ R 'n•,e \ ~ x f wu ~ W~E ~.~+p ~ a..3 ~ E S R 8e ~oN .sue, ~ E yiyt+p n M y' W x Xl IT ^ f~ AREAS JJ TOTAL AGREA6E 3~143B1 ARRES RESERVE PARLEL • ]5624 ALRE6 DE`/ELOPNENT RI6Hi5 EASEMENT AREA = 30.]312 ARRAS ~~y ~j ,y ~•^yl} I I I ~ • A- 8 y R s ~ 1 ~ ~ ~ } s ~ 7 ~p4 ,d ~~R / 0 F f M~.~19' b4r ~L O ~kbq x E _Y r. n. • - ' ~ we-nom}. a..r • •~tTy y' 'e. 'a.' m+r. A3sA w. i~ _ ]OHN C. EFEBRS LAND SURVEYOR a.. m.w :r ~Aiai WYOgl 1p~~d~pWpN/9:~8y0~1'l p~~y N BY~iVLA WVi~i ijl~~I 1Vid ~ 5j3 =1D. ~ ~ ~ 54fPOLK G04NTY tax • ~ I RCt yy E IQ~O-M-1-0.{ .~.se..uun! owu ~ tj "gam ' Q'rf. ]O. ]OII OCl. fl. ml P ! T s)s•,s P f S ®®1Q ) uvq~ ,p~~ li Nmal=x+our }~~T t ) ! 5)/. ~ 19.x. I; /4/Sj~ E T m l,~ ~Y>~' ~x ~g AREAS TOTAL AGREA6E 34.438"1 AGRES ~ t~~ RE5ERVE PARGEL = 2.5629 AGRES ~ P~ DEVELOPMENT RIGHTS EASEMENT AREA = 30.2312 AGEES ~~r~, ~`~MMT1 \ ~~i JS t •x• (ey'g{~ • ;+?t 6 Q ! r h~ a8 ~ ~ I ~ ~ s r,`' ~i~ ~ ~ i ~ s N ~ ,r`~ agW a°~ n N g N)s•/~~~ ~ ~f N),y~~ )~opp, _ _ r sir ~ _ d` r w . , , :v: v: ND099511v 109.9?' ~ ~ •4.~~b)'~B Mr ~C9t '~-F_==~ '99• 3'~ia'E:rig ~4~~i - JOHN C. FREERS LAMA SURVEYOR fllMliWNER~I N.Yd L1C.N0.~0]pl ' O tlD ]]O 'tae lWq~4V. N.L IIWI N ALTA Owner's Policy (6-17-06) POLICY OF TITLE INSURANCE ISSUED BY ~ ~stewart ~~title 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 78 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the ' extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding [he Amount of Insurance, sustained or incurred by the insured by reason of~ 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on [he Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) lailure of any person or Entity to have authorized a transfer or conveyance; ~ (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notadzed, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly iiled, recorded, or indexed in the Public Records including Failure to perorm those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a govemmental auihorHy 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 locatetl 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 (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention [o enforce, but only [e [he extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmemal police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred In in that notice. 7. The exercise of the rights of eminent domain iF a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental hotly that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: ~~iN5L8g4^ 1;r oPPOfj4~ ~ i ~ 1987 e3°y 'a L''~ FK. VOP~~ President Stewart Title Insurance Company ~ ~'I New York, New York etary i Patl t of Policy • sepal No. 0-8911-584224 If you want information about coverage or need assistance to resolve complaints, please call our roll free number: 1-800-433-0014. If you make a claim under your policy, you must furnish writlen notice in accordance with Section 3 of the Conditions. Visit our Wortl-Wide Web site at hno://wrw?.StewanNewYOrk.com File No.. ST11-11441 STEWART TITLE • INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARll NEW YORK ENDORSEML+'NT (Owner's Policy) Tide No.: STLl-11441 Date of issue: November 3, 2011 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8911-584224 1. The following is added as x Covered Risk: "11. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion 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 the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as pazt 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 [he policy or a previous endorsement is inconsistent with an express provision of [his endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior eudorsements. DATED: November 3, ZOlI STEWART TITLE INSURANCE COMPANY Countersigned By: 1~c~~7Nn~" c`' 1987 3 : . , ysyFW ~O~i-' . President ~~~i~~~~ ~V ~ Authorized Office or Agent cretary Stewart Title Insurance Company 300 East 42nd St., 10th FI New York, New York 10017 • STANDARD NEW YORK ENDORSEMENT (11/1/08) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) ~-stewart . title insurance company SURVEY EXCEPTIONS Title No.: STl ]-11441 ~ AMENDED 11/2/2011 Survey Exceptions as shown on survey (covering premises and more) made by John C- Ehlers Land Survey, last dated 10/31/20] 1 (Job No. 1000-19-1-8.4) as to Developmental Rights Easement Area only. Northerly line: No vaziations; Easterly fine: Utility poles and right of way vary with part of record line; Southerly line: Benrt varies with record Line; Westerly line: No vaziations. I FOR IlVFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSES): Survey made by John C. Ehlers Land Survey, last dated 10/31/2011 shows the following as to Developmental Rights Easement Area only: Conservation Easement, ponds, wooded area, dirt road, edge of wetlands and berm- . I ~I • ~i NEW YORK METRO 800-853-4803 i 212-922-1593 fax 707 Westchester Ave, 4th FI 300 Eas[ 42nd Street, 4th FI 125 Baylis Road. 2nd FI slewartnewyork.com White Plains, NY 10604 New York, NY 10017 Melville, NY 11747 ALiA OWNER'S POLICY (6/J 7/067 • SCHEDULE B PART I File No.. STll-11441 Policy No.: 0-8911-584224 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: I 1. Declaration of Covenants and Restrictions in Liber 11493 Page 225. 2. Covenants and Restrictions in Liber 11621 Page 872. 3. Open Space Conservation Easement in Liber 1 1155 Page 454.. 4. 10' Right of Way Easement in Liber 3328 Page 93 and Liber 11155 Page 466. 5. 16' Right of Way reserved in Liber 11650 Page 587. 6. Survey Exceptions as shown on survey (covering premises and more) made by John C. Ehlers Land Survey, last dated 10/31/2011 (Job No. 1000-19-1-8.4) as to Developmental Rights Easement Area only. Northerly line: No variations; Easterly line: Utility poles and right of way vary with part of record line; • Southerly line: Berm varies with record line; Westerly line: No variations. 7. Rights of tenants or pazties in possession, if any. i 8. Policy will except water and sewer charges not entered and/or water and sewer charges entered subsequent to date of last actual reading. 9. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the grantors and the Town of Southold. I 10. An agricultural exemption is shown and upon cancellation of the exemption the taxing authority may reinstate taxes for periods prior to the date of transfer of the premises and/or prior Co the date of cancellation of the exemption. • ncrn owrvaa~s eoucY r~irnoet SCHEllULE A llESCRII'TION File No.: ST11-11441 Policy No.: 0-8911-584224 DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25); said point also being the division line between premises about to be described and land now or formerly of Latham Farms Property LP and County of Suffolk; RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 minutes 50 seconds East, 50.70 feet to a point; THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point; II THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point; THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point; THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber; • THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights) South OS degrees 41 minutes 10 seconds West, 297.42 feet to the true point or place of beginning; RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of Southold Development Rights) and the State of New York the following five (5) courses and distances: South OS degees 41 minutes 10 seconds West, 848.82 feet; South OS degrees 27 minutes 10 seconds West, 594.05 feet; South 04 degrees 52 minutes 30 seconds West, 487.44 feet; South OS degrees 17 minutes 10 seconds West, 574.34 feet; South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C. Open Space Conservation Easement as set forth in Liber 11155 Page 454: TIIENCE along said land and land now or formerly of the State of New York the following two (2) courses and distances: North 74 degrees 14 minutes 54 seconds West, 740.00 feet; North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebar set at the division line between premises being described and land now or formerly of Latham Farms R'operty LP and the County of Suffollc; THENCE along said land [he following three (3) courses and distances North 54 degrees 00 ntinutes 00 seconds East, 95.83 feet; • North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet; North 14 degrees 44 minutes 30 seconds East, ]94.53 feet to a point; THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert E. Weber and Eleuior C. Weber (Town of Southold Development Rights), the true point or place of BEGINNING. AL"CA OWNER'S POLICY (6/17/06) SCHEDULE A • File No.: STll-11441 Policy No_: 0-8911-584224 Amount of $2,535,245.60 Insurance: Date of November 3, 2011 Policy: 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that ' i is nsured by this policy is: Easement i 3. Title is vested in: Town of Southold who acquired Development Rights by Grant of Development Rights Easement by Frederick Terry, as Trustee of The Frederick Terry Revocable Trust dated November 12, 2009 and Ethel Terry, as Trustee of The Ethel Terry Revocable Trust dated November 12, 2009, as tenants in common dated 11/3/2011 to be duly recorded in the Suffolk County Clerk'sBegisters Office. • 4. The Land referred to in this policy is described as follows: i See Schedule A Description, attached hereto and made a part hereof. Section: 019.00 Block: 01.00 Lotpb~41(18.004 ~I • CONDITIONS (Continued) ' 8. DETERMINATION AND EXTENT OF LIABILITY rights and remedies. If a payment on account of a claim does • This policy is a contract of indemnity against actual monetary loss or not fully cover the loss of the Insured Claimant, the Company damage sustained or incurred by the Insured Claimant who has shall deter the exercise of ds right to recover until after the suffered loss or damage by reason of matters insured against 6y this Insured Clamant shall have recovered ifs 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 ii and the value of the Trtle subject to the risk insured 14. ARBTIRATION against by this policy- Either the Company or the Insured may demand that the claim or (b) Ii the Company pursues its rights under Section 5 of these controversy shall be submitted to arbitration pursuant to the Title Conditions and is unsuccessful in establishing the Thle, as Insurance Arbtration Rules of the American Land Tdle Association insured, ("Rules"). Except as provided in the Rules, there shall be no joinder (i) the Amount of Insurance shall be increased by 10%, and or consolidation with claims or controversies of other persons. (ii) the Insured Claimant shall have the rght to have the loss Arbirable matters may include, but are not limited to, any wntroversy I or damage determined either as of the date the claim was or claim between the Company and the Insured arising out of or ' 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 provison, or to any other wntroversy 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 arbitrable Company will also pay those vests, attorneys' fees, and matters when the Anrount of Insurance is $2,000,000 or less shall be expenses.incuned in acwrdance vAth Sections 5 and 7 of these arbitrated at the option of ether the Company or the Insured. All Conditions. arbitrable matters when the Amount of Insurance is in excess of 52,000,000 shall be arbitrated only when agreed to by both the 9. IJMITA71ON OF LIABILITY Company and the Insured. Arb@raion pursuant to this policy and (a) If the Company establishes the Title, or removes the alleged under the Rules shall be binding upon the parties. Judgment upon defect. lien, or encumbrance, or cures the lack of a right of the award rendered by the Arbitrator(s) may be entered in any court aceess to or from the Land.. or cures the claim of Unmarketable of wmpetent jurisdiction. Title, all as insured, in a reasonably tliligent manner by any method, incudirg litigation and [he wmpletion of any appeals, it 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE 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 together with all endorsements, if any, attached to it the Insured. by the Company is the entire policy and wntract between the (b) In the event of any litigation, including litigation by the Insured and the Company. In interpreting any provision of this Company or with the Company's consent, the Company shall policy, this policy shall be wnstrued as a whole. have no liability for loss or tlamage 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 judsdiction, and Title or by any action asserting such claim shall be restricted 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 amendment of or endorsement to this policy must be in Insured for liability voluntarily assumed by the Insured in settling writing and authenticated by an authorized person, or expressly any claim or suit without the prior written consent of the inwrporated 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 entlorsement expressly states, it ' LIABILITY does not modify any of the terms and provisions of the policy, All payments under this policy, except payments made for vests, (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 Amount 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 a unenforceable under applicable law, the policy shall be Company pays under any policy insuring a Mortgage to which deemed not to include that provision or such part held to be invalid, exception is taken in Schedule B or to which the Insured has agreed, but all other provisiws shall remain in full lorce and effect. assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the 17. CHOICE OF LAW; FORUM amount so paid shall be deemed a payment to the Insured under this (a) Choice of Law The Insured acknowledges the Company has policy. underwritten the dsks wvered by this policy and determined the premium charged therefore in reliance upon the law affecting 72. PAYMENT OF LOSS interests in real property and applicable to the interpretation, When liability and the extent of loss or damage have been definitely rights, remedies, or enforcement of policies of title insurance of fixed in acwrdance with these Conditions, the payment shall be the jurisdiction where the Land is located. ~ made within 30 days Therefore, the wurt or an arbitrator shall apply the law of the v jurisdiction 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 claim interpret and enforce the terms of this policy. In neither case under this policy, it shall be subrogated and entitled to the rights shall the wurt or arbitrator apply its conflicts of law principles to of the Insured Claimant in the Title and all other rights antl determine the applicable law. remedies in respect to the claim 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 amount of the Insured against the Company must be filed only in a state or any bss, costs, attomeys' fees, and expenses paid by the federal wurt 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 78. NOTICES, WHERE SENT An notice of claim and an other notice or statement in writin re wired fo . shall permit the Company to sue, compromise, or settle in [he Y Y 9 9 iii name of the Insured Claimant and to use the name of the be given to the Company untler this policy must be given Io the Company at Insurad Claimant in any transaction or litigation involving these Claims Depanment a1300 East 42nD SI, 10'" Flpor, New Vork, NY 10017. Pa e 4 Serial No.: 0-891 t-584224 File No.: ST11-11441 i CONDITIONS (Continued) • 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or I 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 act 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 Idle or any other matter as insured. li purchase money Mortgage given by a purchaser from the Insured, or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability 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 liability or obligation to defend, prosecute, or continue any (i) an estate or interest in the Land, or (ii) an obligation secured 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 the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submh to examination under oath by any authorized The Insured shall notify the Company promptly in writing (i) in rase of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places i case KnowAedge 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 incuding 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 6y the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice, the Companys liability 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 i of [he prejudice. its permission, in writirg, for any authorized representative of the Company to examine, inspect, and copy all of these records 4. PROOF OF LOSS in the custody or centrol of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss [o the loss or damage. All information designated as or damage, the Company may, at its option, require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish 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 judgment of the Company, it is necessary in other matter insured against by this policy that cons[du[es the basis the administration of the claim. Falure of the Insured Claimant of loss or damage and shall state, to the extent possible, the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information, or grant permission to secure reasonably necessary infortnalion from tlurtl parties as required in this 5. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as wntained in Section 7 of these Conditions, the Company, at its to that Gaim. • own cos[ and without unreasonable delay, shall provide for the ~ I defense of an Insured in Idigation in which any third party 7. OPTIONS TO PAV OR OTHERWISE SETTLE CLAIMS; asserts a claim covered by this policy adverse to the Insured. TERMINATION OF LIABILITY This obligation is limited 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 fallowing add'dional options: shall have the right to select counsel of ds 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 represent or tender payment of the Amount of Insurance under this policy [he Insured as to those stated causes of action- It shall not be togeMer with any casts, attorneys' fees, and expenses incurred ' liable for and will not pay the fees of any other counsel. The by the Insured Claimant 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 is 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 (h) The Company shall have the right, in addtion to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Condtions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other ac[ 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 With Parties Other Than the Insured ' damage to the Insured. The Company may take any or With the Insured Claimant. appropriate action under the terms of this policy, whether or not (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Gaimant any claim insured against shall not t>e 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 the Company brings an action or asserts a defense to the time of payment and that the Company is obligated ' ~ as required or permitted by this policy, the Company may to pay; or pursue the litigation to a final determination by a court of (ii) To pay or otherMSe settle with the Insured Claimant the competent jurisdiction, and tt expressly reserves the dgM, in its loss or damage provided for under this policy, together sole discretion, to appeal any adverse judgment 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 TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permtts or requires the Company obligated to pay. ' to prosecute or provide for the defense of any action or Upon [he 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, including any liability or obligation to defend, . the Company, the Insured, at [he Companys expense, shall prosecute, or continue any litigation. give the Company all reasonable aid (i) in securing evidence, Page 3 Serial No.: 0-8917-584224 File NO-: ST11-11441 • COVERED RISKS (Continued) 9. Title being vested other than as stated in Schedule A or being defective (i) to be timely, or (a) as a result of the avoidance in whole or in part, or from a court order (ii) [o impart notice of its existence to a purchaser for value or to a providing an altema[ive remedy, of a transfer of all or any part of the judgment or lien creditor. title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included vesting Ttle as shown in Schedule A because that prior transfer in Covered Risks 1 through 9 that has been created or attached or has constituted a fraudulent or preferential transfer under federal been filed or recorded in the Public Records subsequent to Date of Policy bankruptcy, stale insolvency, or similar creddod rights laws; or and prior to the recording of the deed or other instrument of transfer in the (b) because the instrument of transfer vesting T¢le as shown in Public Records that vests Tdle as shown in Schedule A. Schedule A constitutes a preferential transfer under federal The Company will also pay the costs, attorneys' fees, and expenses incurred in bankruptcy, state insolvency, or similar creditors' rights laws by defense of any matter insured against by this Policy, but only to the extent reason of the failure of ifs recording in the Public Records provided in Me Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company, not recorded in the Public Rewrds at and the Company will not pay loss or damage, 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 (including [he Insured Claimant became an Insured under this policy; those relating to building and zoning) restricting, regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant; relating to (d) attaching or created subsequent to Date of Policy (however, this (i) the occupancy, use, or enjoyment of the Land; does not modify or limit the coverage provided under Covered Risk (ii) the character, dimensions, or location of any improvement 9 and 10); or erected on the Land; (e) resulting in loss or damage that would not have been sustained if (iii) the subdivision of land; or the Insured Claimant had paid value far the Title. (iv) environmental protection; 4. Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmernal insolvency, or similar cred8ors' rights laws, that the transaction vesting regulations. This Exdusion 1(a) does not modify or limit the coverage provided the Title as shown in Schedule A, is under Covered Risk 5. (a) a fraudulent conveyance or 6audulent transfer; or - (b) Any govemmental police power This Excusion 1(b) does not (b) a preferential transfer for any reason not stated in Covered Risk 9 of modify or limd the coverage provided under Covered Risk 6. this policy. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. Any lien on the Trtle for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 6. govemmental authority and created or attaching between Date of Policy 3 Defects, liens, encumbrances, adverse ctaims, 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 Tdle as shown in Schedule A. ~ ~ CONDITIONS 1. DEFINITION OF TERMS 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) Wdh 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 SecSon 8(b), or decreased by Sections 10 and 11 would have had against any predecessor Insured of these Cond@ions. (e) "Insured Gaimant": An Insured daiming loss or damage. I (b) "Date of Policy": The date designated as "Date of Policy" in (f) "Knowledge" or "Known": Actual knowledge, not constructive ' Schedule A. knowledge or notce that may be imputed to an Insured by (c) "Entity": A corporation, partnership, trust, limded liability reason of the Public Records or any other records that impart company, or other similar legal entity. construGive notice of matters affecting the Title. (d) "Insured": The Insured named in Schedule A. (g) "Land": The land described in Schedule A, and affixed (i) The term "Insured" also includes improvements that by law constitute real property. The term (A) successors to the Title of the Insured by operation of "Land" does not inGude any property beyond the lines of the law as distinguished from purchase, including heirs, area described in Schedule A, nor any right, tHle, interest, devisees, survivors, personal represerdatives, or estate, or easement in abutting streets, roads, avenues, alleys, next of kin; lanes, ways, or waterways, but this does no[ modify or limit the I (B) successors to an Insured by dissolution, merger, extent that a right of access to and hom the Land is insured by consolidation, distribution, or reorganization; this policy. (C) successors to an Insured by its conversion to another (h) "Mortgage": Mortgage, deed of trust, trust deed, or other kind of Entty; severity instrument, incuding one evidenced by electronic (D) a grantee of an Insured under a deed delivered means authorized by law. without payment of actual valuable consideration (i) "Public Records": Records established under state statutes at conveying the Title Date of Policy for the purpose of imparting constructive notice of (1) if the stock, shares, memberships, or other equity matters relating to real property to purchasers for value and interests of the grantee are wholly-owned by the without Knowledge. With respect to Covered Risk 5(d), "Public named Insured, Records" shall also inGude environmental protection liens filed (2) if the grantee wholly owns the named Insured, in the records of the Gerk of the United States DistdG Court for (8) if the grantee is wholly-owned by an affiliated the district where the Land is bcated. Entity of the named Insured, provided the affiliated (j) "Tdle": The estate or interest described in Schedule A. Entity and the named Insured are bath wholly-owned (k) "Unmarketable Title": Title affected by an alleged or apparent by the same person or Entity, or matter that would permit a prospective purchaser or lessee of (4) if the grantee is a trustee or beneficiary of a trust [he Title or lentler on the Title to be released from the obligation i created by a written instrument established by the to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable tdle. Page 2 Serial No-: 0-8911-584224 File No.: ST11-11447 c 0 E N A N T S & R E S T ~ g I C T I C ~ ~ I I I 'i • i • I III VIII IIII VIII VIII VIII II III VIII VIII II III IIII IIII 111111 VIII (IIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 11/17/2011 Number of Pages: 10 At: 11:34:20 AM Receipt Number 11-0126069 LIBER: D00012676 PAGE: 904 ' District: Section: Block: Lot: 1000 019.00 01.00 008.008 EXAMINED AND CHARGED AS FOLLOWS ~eceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $50.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $6.50 NO RPT $70.00 NO Fees Paid $166.50 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • I Numbe ages ~ ~ ~ rr 7R" Ev • This documeut wit{ be public record. Please remove all ~ „ ~s Social Security Numbers ~ prior to recording. Deed /Mortgage Instrument Deed /Mortgage Tax Stamp Recording /Filing Stamps 3 FEBs Page !Filing Fee ~ Mortgage Amt. ~ ~l 1. Basic Tax Handling ~ 2. Additional Tax TP-584 Sub Total Spec./Assi[. Notation ~-7 or BA-52 17 (C Sub Total / ~ Spec. /Add. EA-5 7 (State) TOT. MTG. TAX ~~tt Dual Town ~ Dual Counry R..T.S.A.~ f= •I~/ Held for Appointment Co 5. 00 . ~ Transfer Tax Affi f--/rte • ~ Mansion Tax / n ~ t 7 Sf®~ The property covered by [his mortgage is ertified Co ,~_Y JY or will be improved by a one or two urchazge 15. 00 9 ~ family dwelling only. Sub Total J / ~ ygS or NO Other / / / .5 Grand Total V~ If NO, see appropriate tax clause on • O•~. page # of this instrument 1000 01900 0100 008008 4 Dist. /DOd Seci lotio 01900 0100 ooeoos 5 Community Preservation Fad ' Real Property ( T S 1000 01900 0100 009007 Consideration Amount $ j Tax Service F2 JME A Agency is-Nov-t CPF Tax Due $ Verification Improved i 6 Satisfactions/Discharges/Releases Lis[ Property Owners Mailing Address ' RECORD & RETURN TO: Vacant Land _ Tw.O a6 ~arlnto.~A _J-Ar?~ QRESEKVATia _ ~ ,53'15 K°u~ dS >°o.8ox //~9 Seunfo~o, N Y //9 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 Co. Name Srczun,er Ti rce www.suffolkcountyny.gov/clerk Tittle # S~'//- i1Y~ x Suffolk fount Recordin & Endorsement Pa e Tiffs page fomvc pan of the attached (/~CLfI~CAT76N CF (!C y'aH~vrS AND ~ES r.E~c»oN~ made by: (SPECB=Y TYPE OF INSTRUMENT) T'km~ex /ci' %q:EY, FSTRUSr~E of TNc- rFd<R~cr The premises herein is situated in T.eCY ~KxnB~ re~isr ara .ETMEL i~x<r asTeunse SUFFOLK COUNTY, NEW YORK. • OG Ti/E ET~t %E."t%[y ~l~-~BtE T/~i rl' TO Ir the TOWN of Sd'-t-Tt/°'`~J %DWU eF ~'eune.ce In the VII,LAGE or HAMLET of Q,P/e'v7' BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (overt ltNe ~ ? 14 l 4 y 4 • DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this~day of November, 2011, by FREDERICK TERRY, AS TRUSTEE OF THE FREDERICK TERRY REVOCABLE TRUST and ETHEL TERRY, AS,~TRUSTEE OF THE ETHEL TERRY REVOCABLE TRUST, AS TENANTS IN COMMON, hereinafter referred to as the "DECLARANT"; as owner of the premises designated as SCTM #1000-19-1-8.4 and shown on a survey prepared by John C. Ehlers III Land Surveyor dated August 31, 2011 and last revised October 31, 2011, described in the metes and bounds description attached hereto and made a part hereof as Schedule "A", and portions of which are separately described as the "Reserve Parcel" and the "Development Rights Easement Area" in the additions{ metes and bounds d scriptions attached hereto and made a part hereof. ~'~8'lo I"1~ir~~~- Or~erT4 1~-i 11~15~1 WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 32210 Main Road (Route 25), Orient, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, the DECLARANT has granted to Town of Southold'g(the "Town") • a Grant of Development Rights Easement dated November 3, 2011 over a part of SCTM #1000-19-1-8.`~, designated as the "Development Rights Easement Area"; 5~i5 h'k+~-r-1 ~f~,c~ Soa~ld N-1 119" 1 WHEREAS, another portion of SCTM #1000-19-1-8~ has been designated by the DECLARANT and the Town Board of the Town of Southold (the "Town Board's and the Town Land Preservation Committee ("LPC'~ as a "Reserve Parcel" for possible future development, in accordance with applicable zoning regulations; and WHEREAS, the DECLARANT, the Town Board recognizes the necessity of insuring access to and from the Development Rights Easement Area to and from the Main Road; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board has deemed it in the best interests of the Town of Southold (the "Town's and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Property, and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and • WHEREAS, the DECLARANT has considered the foregoing and has • determined that this declaration of covenants and restrictions will be in the interests I of the DECLARANT and subsequent owners of the Property, NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions as set forth herein which shall run with the land and shall be bindin u on all urchasers and 9 P p holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANT shall rovide access to and from the Develo ment Ri hts P P 9 Easement Area over the Reserve Parcel, to and from Main Road (S.R. 25). Said access shall exist in perpetuity, regardless of whether the Reserve Area is ever subdivided from the remainder of the property. i These covenants and restrictions shall be construed to be in addition to and ~ not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the i validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law I or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming ~ under them, and may not be annulled, waived, changed, modified, terminated, 'i revoked or amended by DECLARANT or any subsequent owners of the premises • 2 • unless and until approved by the LPC, and by a majority plus one vote of the Town Board and the Planning Board, or their legal successors, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: THE FREDERICK TERRY REVOCABLE TRUST By: FREDERICK TERRY, Trustee THE ETHEL TERRY REVOCABLE TRUST ~.~Q l n nu By: ETHEL TERRY, Tru ee • STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of November in the year 2011 before me, the undersigned, me on personally appeared Frederick Terry, personally known to me or proved to the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Sworn to before me this day of November, 2011 Notary Public Notary Pu61 c~ St to Of New York No. 01FA4950146 Qualified In Suffolk County Commission Expires April 24, o~ll/s • STATE OF NEW YORK) SS.: 3 ~t-~-4-e_ o,r N ~t • COUNTY OF SUFFOLK) On theme day of November in the year 2011 before me, the undersigned, personally appeared Ethel Terry, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and ~ that such individuals made such appearance before the undersigned. Sworn to before me this ~'~Dday of November, 2011 ~Q~.tee~c, ~ ~Ll~,, ~ Notary Public _ PATRICIA L. FALCON Notary Public, State Of New York No. O1FA4950146 Quaiitied In Suffolk County Cornmission Expires April 24, pZD1S ~k 014. ~v ">'~_X~ O I L~ ~ -~z-4 ~l o 4 St.G, e le • FOR INFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSFS): COMPOSI'T'E DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25); said point also being the division line between premises about to be described and land now or formerly of Latham Farms Property LP and County of Suffolk; RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 i minutes 50 seconds East, 50.70 feet to a point; THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point; THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point; THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point; THENCE South 71 degrees 47 minutes 10 seconds East, 14].51 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber; THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights), Diana Latham (Town of Southold Development Rights) and the State of New York the following four (4) courses and distances: South 05 degrees 41 minutes 10 seconds West, ],14b.24 feet-, (2) Sou[h OS degrees 27 minutes 10 seconds West, 594.05 feet; (3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet; (4) South 05 degrees 17 minutes 10 seconds West, 574.34 feet to land now or formerly of the State of New York; THENCE along said land South 16 degrees 21 minutes 30 seconds West, 529.73 feet to Long Beach Bay; THENCE along a tie line along the average high water mark the following two (2) courses and distances: (1) North 64 degrees 07 minutes 38 seconds West, 134.49 feet; (2) North 88 degrees 35 minutes 5 ] seconds West, 109.92 feet to land now or Formerly of the State of New York; THENCE along said land the following five (5) courses and distances: (I) North 12 degrees 15 minutes 06 seconds East, 129.09 feet; (2) South 77 degrees 44 minutes 54 seconds East, ]40.00 feet; (3) North 12 degrees I S minutes 06 seconds East, 346.06 feet; 5 (4) North 74 degrees 14 nnnutes 54 seconds West, 606.87 feet; (5) North 06 degrees 49 minutes 03 seconds West, ]49.98 feet to rebar set at the division Gne between premises being described and land now or formerly of Latham Farms Property LP and the County of Suffolk; THENCE along said land the following six (6) courses and distances: North 54 degrees 00 minutes 00 seconds East, 95.83 feet; (2) North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet; (3) North 14 degrees 44 minutes 30 seconds East, 198.30 feet; (4) North 13 degrees 54 minutes 10 seconds East, 329.90 feet to a monument; (5) North 73 degrees 34 minutes 10 seconds West, 45.30 feet to a monument; (6) North 06 degrees 48 minutes 40 seconds East, 230.80 feet to a monument First abovementioned set on the southerly side of Main Road (State Route 25), the point or place of BEGINNING. • • 6 • FOR INFORMATION PURPOSES ONLY (NOT FOR POLICY OR INSURANCE PURPOSES): RESERVE PARCEL I ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25); said point also being the division line between premises about to be described and land now or formerly of Latham Farms Property LP and County of Suffolk; RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 minutes 50 seconds East, 50.70 feet to a point; i THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point; THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point; THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point; THENCE South 71 degrees 47 minutes 10 seconds East, 141.5 ] feet to land now or formerly of Robert E. Weber and Eleanor C. Weber to a point; • RUNNING THENCE along said land and along land now or formerly of Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights) South OS degrees 41 minutes 10 seconds West, 297.42 feet to a point; THENCE North 81 degrees 29 minutes 45 seconds West, 309.58 feet to land now or formerly of Latham Farms Property LP and the County of Suffolk; THENCE along said land the following four (4) courses and distances: (1) North 14 degrees 44 minutes 30 seconds East, 3.77 feet; (2) North 13 degrees 54 minutes 10 seconds East, 329.90 feet to a monument; (3) North 73 degrees 34 minutes 10 seconds West, 45.30 feet to a monument; (4) North 06 degrees 48 minutes 40 seconds East, 230.80 feet to a monument first abovementioned set on the southerly side of Main Road (State Route 25), the point or place of BEGINNING. • I 4 ' • ~stewarf oe~ ~ p.` NEW YORK METRO 800-853-4803 212-922-1593 fax title insurance company ~ stewannewyork.com i ' Title No.: Tl1-11441 S AMENDED 11/1/2011 DEVELOPMENT RIGHTS EASEMENT ALL that certain plot, piece or parcel of land, situate, lying and being at Orient, Town of Southold, and d and described as foil w County of Suffolk and State of New York, bo e o s BEGINNING at a point marked by a monument set on the southerly side of Main Road (State Route 25); said point also being the division line between premises about to be described and land now or formerly of Latham Farms Property LP and County of Suffolk; RUNNING THENCE along said southerly side of Main Road (State Route 25) South 73 degrees 38 minutes 50 seconds East, 50.70 fee[ to a point; THENCE South 06 degrees 48 minutes 40 seconds West, 154.00 feet to a point; i • THENCE South 75 degrees 45 minutes 00 seconds East, 129.00 feet to a point; I! THENCE South 14 degrees 15 minutes 00 seconds West, 75.00 feet to a point; THENCE South 71 degrees 47 minutes 10 seconds East, 141.51 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber; THENCE along said land and along land now or formerly Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights) South OS degrees 41 minutes 10 seconds West, 297.42 feet to the true point or place of beginning; RUNNING THENCE along said land and along land now or formerly of Diana Latham (Town of Southold Development Rights) and the State of New York the following five (5) courses and distances: (1) South OS degrees 41 minutes 10 seconds West, 848.82 feet; (2) South OS degrees 27 minutes 10 seconds West, 594.05 feet; (3) South 04 degrees 52 minutes 30 seconds West, 487.44 feet; (4) South OS degrees 17 minutes 10 seconds West, 574.34 feet; (5) South 16 degrees 21 minutes 30 seconds West, 50.00 feet to a point and land of the N.Y.S.D.E.C. Open Space Conservation Easement as set forth in Liber 11155 Page 454; THENCE along said land and land now or formerly of the State of New York the following two (2) courses and distances: • (1) North 74 degrees 14 minutes 54 seconds West, 740.00 feet; 1 (2) North 06 degrees 49 minutes 03 seconds West, 149.98 feet to rebax set at the division line between premises being described and land now or formerly of Latham Farms Property LP and the County of Suffolk; THENCE along said land the following three (3) courses and distances: (1) North 54 degrees 00 minutes 00 seconds East, 95,83 feet; (2) North 15 degrees 20 minutes 00 seconds East, 2,067.00 feet; (3) North 14 degrees 44 minutes 30 seconds East, 194.53 feet to a point; THENCE South 81 degrees 29 minutes 45 seconds East, 309.58 feet to land now or formerly of Robert E. Weber and Eleanor C. Weber (Town of Southold Development Rights), [he true point or place of BEGINNING. 2 N Y S D E C R E G I S ~ T R OFFICE LOCATION: MF,LISSA A. SPIRO OF S~VT Town Hall Annex LAND PRESERVATION COORDINATOR O~~ y~l 50.375 S[a[e Routc 25 ~eLissa.spiro@town.southoldny.us ~ O (corner of Main Road & Youngs Avenue) Southold, New York Telephone (63 L) 765-571 I Facsimile (631) 765-6640 ~ ~ ~p MAILING ADDRESS: ~~y~DUNTV,~~ P.o. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 1, 2011 Fred & Ethel Terry 35870 Main Road Orient, NY 11957 Re: NYSDEC Conservation Easements Registry CE: Suffolk 563 . Dear Mr. & Mrs. Terry: Please be advised that the Town's purchase of a development rights easement on property located at 32210 Main Rd in Orient has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with your property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim a tax credit, please contact Carmen L. Masters at NYSDEC (518-402-9442) and refer to the assigned identifier - CE: Suffolk 563. Very truly yours, ~ 1~ 1 Melanie Doros t Sr. Administrative Assistant enclosure • OFFICE LOCATION: MELISSA A. SPIRO QF SOUT Town Hall Annex LANp PRESERVATION COORDINATOR ~Q~ 54375 State Route 25 • melissaspiro@towusouthold.ny.os O (corner of Main Road & Youngs Avenue) l~{ #1 Southold, New York Telephone (63]) 765-5711 H ~ Facsimile (631) 765-6640 ~ ~ ~p~ MAILING ADDRESS: P.O. Box 1179 ~~COO~,~~ Southold, NY 11971-0959 i DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD November 22, 2011 NYSDEC Bureau of Real Property 625 Broadway, 5`" Floor i Albany, NY 12233-4256 Attention: Carmen Masters Re: Conservation Easements Registry TERRY to TOWN OF SOUTHOLD Dear Ms. Masters: Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within [he Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: Frederick Terry, as Trustee of The Frederick Terry Revocable Trust, and Ether Terry, as Trustee of The Ethel Terry Revocable Trust GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: November 17, 2011 LIBER: D00012676 PAGE: 903 LOCATION: 32210 Main Rd (NYS Rt 25), Orient EASEMENT ACREAGE: 30.2372 acres SUFFOLK CO 7'AX MAP p/o 1000-0!9.00-01.00-008.004 n/k/a 1000-019.00-01.00-008.008 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Fred & Ethel Terry - 35870 Main Road, Orient, NY 11957 New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property, St" Floor 625 Broadway, Albany, New York 12233-4256 - Phone:(518)402-9442 • Fax:(518)402-9028 Website: www.dec.ny.gov Joe Martens Commissioner November 29, 201 l D m nt of Land Preservation epart e Town of Southold P.O. Box 1179 Southold, NY 11471-0959 Attn: Melissa Spiro Dear Ms. Spiro: We have received in our office the following conservation easement: CE: Suffolk 563 Grantor: Frederick Terry, Trustee & Ethel Terry, Trustee Liber: D00012676 Page: 903 The conservation easement cited above has 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 this parcel, please use the assigned identifier. Your coo eration in this matter is ve much a reciated. I' P rY pP Very truly yours, I Carmen L. Story Acting Land Acquisition Section Chief Bureau of RealProperiy CLS:gm i DEC 1 2011 DEPT.Of LAND ERVATI N N Y S A G M K T S • ~ A I `~1 E F • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ± 30.2372 acres of active farmland and/or acres of non-farmland, situated at Suffolk County Tax Map No. 1000-19-1-8.4 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and ~ Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner • TOWN OF SOUTHOLD FREDERICK TERRY REVOCABLE TRUST S TT A. RUSSELL, Supervisor FREDERICK TERRY, Trustee 53095 Route 25 35870 Main Road P.O. Bex 1179 Orient, NY 11957 Southold, NY 11971-0959 ~ (631) 765-1889 ETHEL TERRY REVOCABLE TRUST ETHEL TERRY, Trustee 35870 Main Road Orient, NY 11957 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) • On the ~ day of ~CQYN~Y,?, 2011, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence I • 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 nd affixed t e seal thereto by like order. .l~i I MELANIE DOROSKI NOTARY PUBLIC, Stale of New York otary Public No. OtD04634870 Qualified in Suffolk County trammission Expires September 30, 2Q`-~ STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK) On the ~na day of ~?~,vvonbe~" , 2011, before me personally appeared Frederick Terry 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 ~,yp„~y.~ No.O18E6097127 Qualified ul Suffolk Couny CiORMMiS1011 F]fQIIOS 18, ~ ~ C STATE OF NEW YORK ) )ss: ' COUNTY OF SUFFOLK) On the day of Nr7vemhP,~, 2011, before me personally appeared Ethel Terry personaliy known to me or provided to me on the basis of satisfactory evidence to be the I individual whose name is subscribed to the within instrument and acknowledged to me that i 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. ~1- ~ Notary Public NO~ryNOap ~~New11p~ IBE6 091 Qualified i 127 Conxmssion Expiiea ~ 16" i _~~.rs ~ STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS lOB Airline Drive Albany, New York 12235 Land 8L Water Resources 518-457-2713 Fax. 518-457-3412 December 30, 2011 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver -Suffolk County Agricultural District #1 -Acquisition of Land Dear Ms. Spiro: ~ The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Frederick Terry, Landowner Ethel Terry, Landowner . The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, I ROBERT SOMERS, Ph.D. Manager, Agricultural Protection Unit RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: AP11/056-W OFFICE LOCATION: MELISSA A. SPIRO OF SDU Town Hall Anncx ii LAND PRESERVATION COORDINATOR O~~ TyOI 54375 Slate Route 25 •mclissa.spiro@town.southold.ny.us ~ ~ (corner of Main Road & Youngs Avenue) Southold, New York Telephone (631) 765-5711 Facsimile (63 765-6640 ~ ~ ~O MAILING ADDRESS: ~l~~~ONTV P.o. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD December 2, 2011 Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets IOB Airline Drive Albany, NY 12235 Re: TERRY to TOWN OF SOUTHOLD Part of SCTM #1000-19.-]-8.4 Dear Mr. Somers: Enclosed please find the original "Waiver-NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Frederick and Ethel Terry after a closing on a development rights easement on active farmland formerly identified as part of SCTM #1000-19.-I-8.4. • Details regarding this easement are as follows: GRANTOR: Frederick Terry, as Trustee of The Frederick Terry Revocable Trust and Ethel Tetry, as Trustee of The Ethel Terry Revocable Trust GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: November 17, 2011 L[BER: D00012676 PAGE: 903 LOCATION: 32210 Main Rd (NYS Rt 25), Orient EASEMENT ACREAGE: 30.2372 acres SUFFOLK CO TAX MAP p/o 1000-019.00-01.00-008.004 n/k/a 1000-019.00-01.00-008.008 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro • Land Preservation Coordinator /md enc. 1 II R ~ a P E R T R E C O ~ R D S • THE FREDERICK TERRY REVOCABLE TRUST and THE ETHEL TERRY REVOCABLE TRUST to TOWN OF SOUTHOLD 30.2372 acre Development Rights Easement Part of SCTM #1000-19.-1-8.4 Location: 32210 Main Road (NYS Rt 25), Orient Closing held on Thursday, November 3, 2011 at 2:30 p.m., Town Hall Annex from left to right: Supervisor Scott A. Russell, Fred Terry, Ethel Terry ~ r T ~jA r` 1 - • n ~ti 1 } ' _ p~".F ^'11!r; 4 h •+r i I ~ . . r ~...A• ! . ~ 3. ~,Y.:ra~r<~ ~,~`g~fFQ(,~ ~ OFFICE LOCATION: 'MELISSA A. SPIRO .f VQ CQ ~ Town Hall Annex LAND PR t:SLRV ATION COORDINATOR 3~~~ G.f~ Sd37i State Koum ~5 m~ln~ ispim amwnsoutholdnc.us ;r ~ < C. (corner oPM un Rd K Youngs Aye) h ~ 4 Sou4iold. Kew York Telephone f63~1765-5711 ~ ~ ~ P:~csimilc (631) 765-66dU ~ ti VIAl1,ING ADDRESS: i~~~! y P.O. Bo.~ 1179 ~~a T Southold, VY I1971-0959 xou~u UEPARTVIENT OF LAND PRESERVATION TOWN OP SOUTHOLD To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Data Processing ' Land Preservation Committee Town Comptroller Town Attorney Stewardship Managers Planning Board Peconic Land Trust, Inc. Suffolk County Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: November 4, 2011 Re: TERRY to TOWN OF SOUTHOLD Part of SCTM #1000-19.-1-8.4 Please be advised that the Town has acquired a development rights easement on the agricultural property • listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 32210 Main Rd (NYS Rt 25), Orient SCTM part of 1000-19.-1-8.4 PROPERTY OWNERS: The Frederick Terry Revocable Trust and The Ethel Terry Revocable Trust CONTACT DATE: June 8, 2011 PURCHASE DATE: November 3, 2011 PURCHASE PRICE: $ 2,535,245.60 (based on 29.4796 buildable acres @ $86,000/buildable acre) TOTAL PARCEL ACREAGE: 34.4387 acres EASEMENT ACREAGE: 30.2372 acres (includes 0.7576 acre required subdivision open space not included in purchase price) RESERVE AREA: 2.5629 acres ZONING: R-80 and R-200 • FUNDING: CPF 2% Land Bank GRANT FUNDING: USDA-MRCS (50% of purchase price - $ 1,267,622.80) MISCELLANEOUS: Easement includes a designated Agricultural Structure Area and a 2% lot coverage limit for any future agricultural structures ~+~n:w'•z?uamtc~rnrurymrw!stnrwr~niaroitpwr;rtnt~nranr<<e_ Fle Vi?va Tart,at Help © 11 / ? ?I j19.-1-8.4 413$89 Southdld Active RlSa Scfi,iol: Dyster Ponds $ Terry Frederick;Revoc Trt RollYeat: 2871 Curr Yr Mucklands LandF%`d: $700 3221D Route 25 Land Si?e:34.GD acres TotalAl~.9.1Q0 Dwner Total 2 n Site Total' 1. Fiamei Teny:Frederick.ReYOC TrE prpr_.Is. WbadCd Sa~roer. : bloater 'rUblities' .raddlrAddr ' Mucklands 0 Streets 35$70.1"Route 25 PD $ os: Cttyr' ; Drient,',NY Zrp: ;11957- Tax~blelxalire Miscellanequs ; = (.:and' i Total: D County: 1,1 DD ppdk: izG09 Type: FF: DeptEi: Aeres: Sgft. fwlunr 1:100 Page: 2$D -d : , School: 1 ~0D ~pttg t 5chdafterSYer 1;1D0~ ~ 8an~4 ? ; ~ AukctNq.31 s Sale = T~kalr 2 - Duildin~ Total D F Brook;! p'e~e ~S~leMot,e, =5ate~Prr~e IJwrzer' i E 12~`DS ~29~ `f'lltZlu, yw ~Tezr~Fz~{ierl~s~s t qtr M' n`EE~ §~E~ r~. 1~16'~ ~6D -It1~21D2 9 T~drryr ~'~~.yYfe`"tsrelc t ~ fi ~ ~ ~ Rai s s'' v ~ ~ ' ~ Ex~mp~ron ' ~ota~ ~~4e ' Dwn ~mpievgmen~t Total aD a s~ ~r~ ~ - ~~]a~ , ' ~moui,t 'Yeas r ~,~~ck, srpe Name ~tlptl Dim2 ' 9t~FT Yr~~ y ~j fi 417~D AG DIS $.[?l1D Dfi ~ f .10 - _ } ~4 ~ ; 'S`gecrdl~istrlGti , "Total4 r a ~~aef ~ - r hr Cade': ~ Ltnr~$ ?"ct Type ~{dV~Tax ~ Fp~~5 Drrent FD DD 11f1 DQ r DMgGD DTtt=nt'i4ASq I .'r DD~I ~tQ 'F Cl~ Caz PKti65 Dneat*E Maur DD DQ ~ OD - swol sultdt?~aste f,. DQ ;~19 pli , s s 4 ~ ~ fi f t 4'~ , i i ~~"h 4 3; . ~ 1a~a 5 ti r "i. : ~y ~i .f 2Y1 t Z 'i I i~~ lbh I a . double click to open a v.~indow._ f TERRY to TOWN OF SOUTHOLD Development Rights Easement Part of SCTM #1000-19.-1-9.4 Location: 32210 Main Road (NYS Rt 25), Orient Field Inspection -November 3, 2011 Photos taken from Reserve Area, facing southerly across easement area. y ~~1 T ~ l i . - " ~ .F r y ~ , . . M . . 1 a YII. 'r*~ r yy~ 'T^ _ i ~visiare OLD s~ ~ I/ sEE sEC. Na. ola E~ of-as of rs, ~ MaN - ~ MAa L~l/ ~Ll'~C I I~ ~ ~iA- ~ ueia _ _ _ y o-os-o ] q0 t/.\\/A\ l/~/1~//Y - yxua ~ _ x 13-15'01 r'84IC1 ( I V \ ` iu • s~, ~p N^.,,9 10.1 0-0105 ~ $.Oe j ~ S6, N nC o 12.1 %P JI.94 FON PCL. N0. • 4-01-0 >az.aoo z \ n e ~i w suF.cu y S g 1z3 16..e sEE sec. 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Izu m«Y. i» - _ o _ ..a. m„N. i» - - .xce .sreu*Ex mwvr .NLr6x PE6LBEYlx' of 1~ ®io Ne P z~ o5nrn w PROPERTY EAAP p x6u mmcxrv lex s6x.xx ercxcr. N E W S A R T I C L E 5 i rr i ~ x.... ~ ~ Y MA ~ M rig ~ } r.ry ~ n- 'ma 9 C s a 5+ x J+ ,a , xf ' ~"g =s ~ ~ . r.<h r r , ff y z ~ ~r. rtry t: ~'~s r z,,, s,a q ~~aT, .:$..ti Y,~.. t t f r, a i~ ~ 5 ry?! SuMolk Times pMto Ey Jutly Ahrens Ethel Terry at the wheel of her Terry's Farm refrigerated truck, en route to a Manhattan farmers' market. Go west, young crops Farmers' markets are salvation for Terry farm By Jeff Miller land. It's the going-on-400-year-old The days [hey [e no[ hauling crops, Here's another way to keep open Terry farm in Orient, which its owners they're cultivating [hem aboard a [rac- space open: Make farms more prof- now say would be history if it weren't for back on the farm. itable. for the greenmarket craze. During the summer, their time to- That, in a way, is the message be- "We're the last farm on Long Is- ge[her is almost limited to the emer- hind a greenmarket groundswell qui- land;' said 57-year-old Fred Terry, gencies they both respond to as mem- etly beginning [o gather serious who runs the Farm with his wife, 44- tiers of [he Orient Fire Department momentum all over Long Island. Ev- Year-old Ethel. (That's right, Fred and Rescue Squad. "We're on the go all ermore crops from the rural east are Ethel. "Lucy's at the stand;' says Mrs. [he time;' said Mr. Terry, joking that finding their way daily to farmers' Terry.) Actually, they don't run [he they get along so well because [hey markets in [he urban west, and de- farm together so much as they run i[ rarely see each other. Bu[ in winter veloping a devoted following there. apart. On Mondays, Wednesdays, they catch up, said Mrs. Terry, on ski- ll's an exchange of garden green for Fndays, $aturddysand Sundays dur- ing vacations in New England and folding green, so [o speak. ing the summer, Ethel Terry boards scuba vacations in the Caribbean. If hauling produce east to west ev- her new $36,000 Hino refrigerated Ethe( Terry, admfnfSJraCar ery day sounds like quite a chore, get truck before dawn and hits the road. Ethel Terry's duties also include a load of this: The headquarters for On Tuesdays, Thursdays and running [he Long Island Growers the movement is about as far east as Saturdays, Fred Terry does the same you can get and still be on Long Is- thing aboard his larger $55,000 Hino. Market, a job she assumed in De- cember when the growers themselves took over for the Pewnic Land Tms[. t PLT sponsorship had its advantages, such as securing grants that covered _ 1 tll~~ administration. But the PLT also ' , . ~ charged growers vendors' fees. Now, the vendors' fees are gone, and administrative matters are handled by Ethel Terry from the last farm on Long Island. ~ "Someone had to step up to the ~ ^ plate, and since I have [he most mar- s,, . ke[irtg experience, I did," said Ms. ' Terry, who has a background in the restaurant business. She coordinates - all [he markets in Nassau and Suffolk, ' ~ ~ -.7UC, , oversees advertising, negotiates with ~ g ~ municipalities for new market sites, 2 0 1 2 L P C R E I E R E ~ Q U E I S T Spiro, Melissa From: Spiro, Melissa Sent: Tuesday, February 28, 2012 9:32 AM To: Fred & Ethel Terry (msethie@optonline.net) Cc: Doroski, Melanie Subject: Terry request for deer fencing Fred, Due to the timing of our Land Preservation Committee meetings (next meeting on March 20`h) in order to not hold up your inquiry, I e-mailed the Land Preservation Committee members a copy of your request to install deer fencing on your farm (SCTM# 1000-19-1-8.8) The Land Preservation Committee members, in accordance with Section 70-5 C. (2) [3] of the Town Code reviewed your request for deer fencing and responded favorably via a-mail. Therefore, your request to install deer fencing is approved. Please note that the Committee's approval of this use within the easement does not mean that such use has been approved or permitted by other Town Departments or agencies as all improvements are subject to all applicable Town Code requirements. Please let me know if you have any questions regarding the above. Melissa 1 biro, Melissa From: Spiro, Melissa Sent: Thursday, February 23, 2012 4:14 PM To: alkrupskitown@yahoo.com; 'Allan Connell'; 'Eric Keil'; 'John Sepenoski'; 'Lillian Ball'; 'Maureen Cullinane'; 'Ray Huntington'; 'Sam McCullough' Cc: Doroski, Melanie Subject: Terry, Fred request for deer fencing RE: Fred and Ethel Terry SCTM# 1000-19-1-8.8 Fred Terry submitted a Request for Agricultural Structure Placement on PDR Lands yesterday. The request is for a deer fence as shown on the sketch inserted below. The 2011 recorded Easement includes a "Structure" definition noting that "structures shall not include trellis.:..or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without (imitation 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." Based on the Easement language, I recommend that we advise Fred that the proposed deer fence is allowed within the easement and is subject only to any other applicable provisions of the Town Code pertaining to deer fencing. Please let me know if you agree with the above mentioned recommendation and if so, if it is ok to provide him with this information prior to our next regular agenda/meeting on March 20tH Thanks, .Z123~i2. ~'+'~S. AaN¢,,¢. w~ MS f2 cewsvreM~..Seis+v. Zn~rLvn ~~rn, Melissa -IZ;(12 Lt~(figh'p~, Main Road 2,~2,y ltz ~,~ta~ s~w.c , f- ~ ~ ' I { ii I .w,p } ~x i f ~w w,,, ~ M ~f F a r ~ ~ f ` t ~ A i _ F OFFICE LOCATION: MELISSA A.SPIRO 4©'~~~ Town Hall Annex LAND PRESEIS<VATION COORDINATOR ti~4 G,y 54375 State Route 25 melissaspiro(a)townsovtlrold:ny.us ~ (comer of Main Rd & Youngs AveJ - GiW ~ .Southold, New York ' Telephone (63l) 765-5711 - Facsimile (63l) 765-6640 Q ~ ~ ~ MAILING ADDRESS: - - -P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD REQi.IEST for ~lericultural Structure Placement on PDR t.ands Tax Map. No. 1000 - 19 - T _ 8.8 I am the owner of the property described. below and on which-.the Town purchased a development rights/conservation easement on or about November 3, 2011 (date).. NemeofOwner(pleasepririt): Fred 6 Ethel:Terry Name(s)`of previous owner:. (if aPPlicable) Mailing Address: 35870 Main Road ~LS~LSUU~® Orient, NY 11957 (hone Number: 323-3653 home FED 2 Z ~I? 812-5851 cell , property. location: 32210 Main Rd, Orient E T. List type,. size, and. use. of each. agricultural structure. proposed: - - ~ f jf F~NC -C - ~ LO •Attach location. map, (wrvey, tax reap, or sketch plan). showing placement area of agricultural. structure(s),.. distance from,property boundary lines, and: any readily available. information. relating to your request. You. may talk with the Coordinatorat (631)765-5711 to:discuss questions or to arrange to participate in any of the regularmeetings ofthe Land Preservation Committee. Applicant ~ Date Please return the completed. form. with. attachments to: Town of Southold. -Land Preservation Department *Alhattachments must be signed anddated by property owner. A E R I A L ~S j. ~ r ~ f ` r. _ ~ - ~.t ~ a. •i- r ~ • $ ~ ~ ~ ~ , a y Y 4t ~ ~t vie ~._~~~'1 .•t n , ~ _ _.a- w .~w~ y X ' ~ s i..~'• . ~ _ ' Y'~ • ' t ~ ~S Site: Terry Property, Orient, New York Yea~• 2008 • ; r ~ , ,rte 1~ ~ L \ ; .t f 1 i 1.-y~,11 ~ Y 3 1 ~ 4 t 7 Y N ~ ~ n r ~1' i 1 ~'l l - I ~ t ~ is ~ . 1 ~ d ..d, ~P... R ? J ( ""'w .f eT ~Ea• ~ 1. Year. ZC ~w.,>"t glow York F. t ~ ~ ~ / r ~r r rte" - " . r y ,4 ~1 - ~t - 1 ~r" ~ . rte, ~ :!f•` ~~~5 Syr}!~ ~ ~ ~ a. ~ v~~ Y y Y ~ ~ ~ ~ ~ yr+ ~jy[e~ F~j is r"-~ ~M M1 , f) ~ : r r . l • r ~~1= e r . lµ j 3 ~ t Y ~ . xy S Ir y~~ 4 D K 1 .i_..L y ''4 '-.4. s - fA~ - v ,,,a; ~t , r~ ~t T ~ ~ 3 , • t~ ~ - ~ -L:s M t ~ Ar. 'isj r_~ ~ +M1~~.i.AFN~H ~ y ;7 ~hr~. ~ ~ Y_- ~f''~ f ~~4jt 1.. ~ S ~ w~~. 1f J~t . - ~ ` _ t ~r. by i , fs {k; '~t {l t ^S~ ai ~ f 'tea f ~ t i f v , ti ~ ti ,ar fy~, s 't. 1;~ ' tik' ;a. M ~ ~ Ye J., rlC r~ L 4 • • 1~ ~i~ • ~r ~ . ~ ~ . mb ~ M 'l r • ' M s • ale + pQ i 1. ~'i • I • i< Site: Terry Property, Orient, New York Year:• 1940 s v R V E Y • SURVEY OF THE TERRY FARM SITUATE: ORIENT TOWN: SOUTHOLD SUFFOLK COUNTY, NEW YORK SUF-FOLK COUNT'r' TAX OOO- Iq - I - 8.4 SURVE'fED, AUGUST ~1, 2OII REVISED: SEPT. 2q, 2OII OCT. 20, 2OII, 00% 51, 2OII FPJ~]~.ICK 'I'~,RY EI'i~,L T~RRY TOWN OF/~OU"I'HOLD 8'JrJ~W'ART 'J~lr L,E INSU]RANC~ COI~ANY USDA~NRCR W N S NOV - 2 2011 DEP'[ OF LAND FINAL SURVEY AREAS TOTAL ACREAGE 54.4587 ACRES RESERVE PARCEL = 2.5©2q ACRES ;9EVELOPiwlENT RIGHTS EASEl'dENT AREA -- 50.2572 ACRES 7 0 LON6 ®RAPHIC 56ALE O IOO JOHN C. EHLERS LAND SURVEYOR N.Y.S. LIC. NO. 50202 6 EAST MAIN STREET RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 A E R I A , L M A p T