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HomeMy WebLinkAboutHorton Lane FarmSCTM #: Premises: Hamlet: Fee Title Purchase Price: Funding: CPF Project Plan: Total Parcel Acreage: Development Rights: Reserved Area: Zoned: Existing Improvements: 1000-54-7-21.6 (f/k/a 1000-54-7-p/o 21.4) 4395 Horton Lane Southold $808,449.50 Farmland Preservation Bond Yes 30.8297 acres 28.9932 easement acres ($1,812.075 - CPF 2% land bank) 80,000 square feet A-C In June 2011 - Within reserved area: Two story framed residential home; framed detached garage; two framed barns; 2 framed small sheds, driveway Within easement area: Two framed storage buildings; framed shed for irrigation pump; farm field; edge of woodlands along northwesterly boundary line DESCRIPTION LAND The property is irregular in shape having an easterly border of 2,484_+' with 1,460_+'of non-contiguous frontage along the westerly side of Horton Lane, a westerly border of 2,250___', a northerly border of 531_+', and a southerly border of 918_+', for a total area of 34.00_+ acres. Although irregular, the property has a useable overall shape and is typical for the area. The land is mostly cleared and is at or near road grade. The above dimensions were taken from the Suffolk County Tax Map. We have included a copy of the Tax Map showing the subject in the addenda to this report. Utilities (electric and telephone) are available along Horton Lane which is a two- way, two-lane, publicly maintained, macadam paved road. Public water is not available in this area. Water supply is generally provided via on site wells. According 1o F.E.M.A. Flood Insurance Rate Map dated May 4, 1998 panel number 0154G, the subject is located in zone X (not a flood zone area). _GIVEN ASSOCIATES DESCRIPTION (CONTINUED) IMPROVEMENTS The subject is improved with a 1,800_+ SF residence, and accessory storage structures (barns). The improvements are considered to be in fair to poor condition. We were unable to conduct a full interior inspection of the improvements. GIVEN ASSOCIATES P R 0 P E R T Y V I S U A L S SUBJECT PHOTOGRAPHS I i I I I I I I I I I I I ! ! VIEW OF VACANT PORTION ADDITIONAL ViEW OF VACANT PORTION ~GIVEN I I I I I i I I I I I I I I ! ! SUBJECT PHOTOGRAPHS VIEW OF: RESIDENTIAL STRUCTURE V~EW OF ACCESSORY STRUCTURES ~GIVEN s4 I I I I I I I I I I I I I I I SUBJECT PHOTOGRAPHS STREET SCENE FACING SOUTH ALONG HORTON LANE STREET SCENE FACING NORTH ALONG HORTON LANE ~GIVEN ! ! I I .~ R-80 A P P R A I S A L M O T I O N LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, October 27, 2009 at 7:00 p.m. Members Present: Members Absent: Also present: John Sepenoski, Chairman Chris Baiz, Lillian Ball Maureen Cullinane, Monica Harbes Eric Keil Ray Huntington Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust Tim Caufield, Peconic Land Trust (7:45pm-9:35pm) Commencement: · The meeting began at 7:25 p.m. with five LPC members present. EXCERPT FROM ADPOPTED 10/27/2009 LPC MEETING MINUTES Applications and Inquiries: · CONWAY (Estate of Julia) PROPERTY SCTM #: 1000-54-7-21.1 Offered: dev rights Location: 4395 Hortons La, Southold Zoned: AC, R-40 (0.26 acre) Total Acreage: 34 acres (GPS 33.86) CPF: Yes Subdividable: Yes FWet: 0.52 acre John Sepenoski, LPC Chairman, was not present for a discussion of this project due to a family relationship. Stephen Searl (PLT) presented information re: potential PDR Stephen Searl presented a proposed project on land owned by the Estate of Julia Conway. Heirs have contacted Peconic Land Trust, Inc. with the purpose of preservation of the farm with the sale of the development rights and outright sale of fee title. Property includes a farmhouse and several barns and ag structures. Land has been planted in sod for the past 5 to 8 years. This project may be a candidate for the Town's $4 million bond program. PLT has ordered an appraisal to consider a potential purchase of fee title to the farm, selling the development rights to the Town. MOTION made by Lillian Ball, seconded by Eric Keil, to direct Melissa Spiro to commission an appraisal for fee title and development rights easement values on property owned by the Estate of Julia Conway. Property restrictions, if any, will be discuss at a later date and any such restrictions imposed that will affect the value of the property, will be subject to appraisal revisions. Motion carried: 4/0 (John Sepenoski not present for vote) H 0 E I N S P E C T I 0 N CONWAY ESTATE 4395 Horton Lane Southold, NY Site Visit: August 1, 2011 Those present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Sr. Administrative Assistant Eric Keil, Land Preservation Committee Member James McMahon, Director of Public Works Russell (Rusty) Ackroyd, Dept of Public Works Joseph Conway, Seller A site inspection was scheduled for 10:00 a.m. on Monday morning, August 1, 2011, for the purpose of a final inspection of the buildings upon the property on which the Town will be purchasing from the Conway Estate on Wednesday, August 3, 2011. Rusty and Jim inspected the basement and found everything to be in order. All requirements had been met: electrical panel circuit breakers labeled; cracked caste iron wasteline repaired; steel column had been reinforced in concrete. Rusty inspected the attic and found nothing to report. Furnace was fired up and found to be in working order. No propane gas hooked up at this time in order to test range. Refrigerator/freezer in working order. Alt sinks, tub, shower, toilets had running water. Window glass was inspected and no broken or cracked window panes were found. Residential home is empty and in good repair. All barns and out-buildings were inspected and found to be empty and in good repair, except for a small shed, roughly 6'x8' located alongside the middle barn that is in a dilapidated condition. Irrigation well operational at time of inspection for the sod farm. Portable pump brought to the property for the irrigation system had a slight oil leak. CONWAY ESTATE FARM SCTM #:1000-54.-7-21.4 4395 Horton Lane, Southold, New York Poured concrete footing under steel column supporting the beam that supports floor joists below kitchen area nsta ed as recommended. (20:1:1) Underground fuel oil storage tank properly abandoned following all NYSDEC and SCHD recommendations. New fuel oil storage tank installed in basement in November 20:10. (2011) Circuit Breaker Electrical Panel Box numbered and labeled, (2011) Pleating unit cleaned and serviced. (2011) Carbon monoxide det died in Smoke detector installed in upper hallway outside bedrooms, (2011} C©nd© Engineedng P.C New York State Licensed Professional Engineers 755 Sigsbee Road Mattituck, New York t 1952 631-298-1986 Fax 631-298-265~ condonengineering.com July 27, 2010 RESIDENTIAL BUILDING SURVEY for 4395 Horton's Lane Southold, New York A survey of the 4395 Horton's Lane property was made on July 23, 2010 between 9:00 A.M. and 12:30 P. M. Weather was cloudy and the air temperature was approximately 80 degrees Fahrenheit. The owner and Councilman Odando were at the site during the inspection. The home is a two-story traditional style building, The structure is wood frame construction on a brick and concrete masonry unit (i.e., "block") foundation that forms a cellar and crawl spaces under the building. The exterior walls are covered with asbestos shingle siding and the building has a combination shed and gable style roof, which is covered with an asphalt roll type roofing material and asphalt shingles. The building has a fuel oil fired heating system that heats the building through a circulating hot distribution system. A fuel oil fired water heater is used to provide domestic hot water. Water is provided by a public system. A detached garage, two barns and storage buildings are also located on the property. The front of the building faces east. Town of Southold Report 1 A. Exterior Findin.qs Roof: The building has a combination gable and shed style roof. The upper gable roof areas and the shed roof over the front porch are covered with two layers of asphalt shingles. The asphalt shingles are installed on a base layer of cedar shingles. The shingles were found to be cracked, pitted, cupped, and brittle and re-surfacing is recommended. The shingles over the windows in the first floor southern wall are also deteriorated. Resurfacing will likely necessitate removal of all of the roof shingles including the underlying cedar shingles and the installation of plywood sheathing prior to the installation of the shingles~ Typical life expectancies for asphalt shingle roofing products are in the range of 20 to 25 years when new. Multiple layers of shingles can result in a 6 to 7~ year reduction in life expectancy. The shed roof over the rear southern single story corner of the building is covered with an asphalt roll type roofing material. Water stains were noted on the interior wall and ceiling areas over the exterior entry door in the room below. The stains are possibly due to leakage in the roofing material. The material was found to be worn and deteriorated (photo below) and resurfacing is recommended. Typical life expectancies for asphalt roll roofing products are in the range of 8 to 10 years when new. Town of Southold Report 2 Assessment of the roof conditions was made by visual observation through windows and from ground level using binoculars. 2. Roof Appurtenances: Roof appurtenances on many structures include waste vent stacks, chimneys, flashing, and roof drainage. Each will be briefly addressed: a) Waste Vent Stack The plastic waste vent stack is equipped with a rubber flashing collar and is in acceptable condition. b) Chimney The building has one masonry chimney that is located on the northern side of the building. The chimney has one flue, which is connected to the oil fired heating systems. Inspection of the chimney found cracks in the lower area of the chimney. The location of the cracks at the bottom of the chimney suggests that they were caused by overheating from exhaust fumes from the heating systems. Pointing of the cracks is recommended. The cracks have not compromised the structural integrity of the chimney structure. The chimney was otherwise found to be in acceptable condition. There is also an older unused brick chimney located in the center of the building. The chimney extends up the building into the attic and does not penetrate the roof. Draft characteristics of chimney flue cannot be detected by visual examination; they were not determined. c) Flashing The flashing around the walls, chimney, windows, and doors are in acceptable condition. d) Drainage Roof drainage is provided by built in and metal gutters and leaders along the roof edges. Water from the roof is routed to underground drains. It was not possible to determine the nature or extent of this arrangement, however each drain may lead to an individual drywell. Where leaders connect to an underground drainage system, the capacity and integrity of such installations cannot be assessed. Periodically flush leaders connected in this manner to ensure clear drainage. The gutters and leaders were found to be in acceptable condition. Ensure that storm water is consistently directed away from the foundation and building perimeter to lessen the risk of cellar, crawl space, and site moisture problems and erosion. 3. Walls, Windows, and Doom: The exterior wood frame constructed walls are covered with asbestos shingles. Aside from small broken corners on a few shingles in scattered areas around the building and weathering, the shingles were found to be in acceptable condition. Town of Southold Report 3 In some situations asbestos containing building materials, such as siding, can be considered routine construction debris at the time of disposal. However, this should be confirmed with regulatory agencies in your area in the event disposal is eventually required. Remember that this siding is asbestos containing material and while not posing an extreme health hazard, care must be taken in dealing with it. Do not cut or otherwise disturb the material in a manner that will produce a friable condition. The exterior trim details are painted and aluminum cladding was found to be installed on the trim details along the roof edges. Inspection found worn and peeling paint in all of the unclad trim details around the building. The windows consist of single and double glazed double hung, double glazed casement, and fixed style units. A double glazed double hung window is also installed in the second floor rear southern room. The single glazed double hung units are equipped with aluminum combination storm/screen units. The front entry door and the entry door to the living room located on the southern side of the dining room are wood swing style units and steel clad swing style doors are installed at the northern and southern entry areas. The front entry doors are also equipped with an aluminum storm doors. Exterior components are in serviceable repair, but some problems are present. A sampling of exterior conditions included the following: · The door to the exterior in the living room located on the southern side of the dining reom was found to be locked and the lock could not be operated and opened. · The operator mechanism is cracked and inoperable at the middle casement window in the southern wall in the rear southern room. · Most of the double hung windows have upper sashes that are painted shut. · There are no drain holes in the aluminum storm/screen window units. Assure that drain holes are installed and kept clear of debris. · The front entry door binds on the carpet on the floor in the front entry hall and foyer. · Several of the double hung windows in the southern and western walls on the second floor have cracked, broken, and missing areas of glazing putty. · There is a crack in the glazing in the cellar window at the bottom of the cellar stair. · There is no screen installed on the double glazed double hung window in the second floor rear southern room. Periodic preventative maintenance will extend the life of these items. For improved security at the time of your occupancy, plan to change locks and keying of exterior doors. The condition of underlying wall and framing materials was not assessed as they were not visible. Any damage to interior wall components cannot be determined without some destructive examination. 4. Lot, Landscaping, Drives, Walks, Entrances, Porches, Garage, Bams, and Storage Buildings: a) Lot Specific property boundaries were not assessed as part of this inspection. An up to date survey should be made available. The relatively fiat lot is located on the western side of Horton's Lane. The building is located in the southeastern area of the lot and faces east. A two car garage is located in the lot on Town of Southold Report 4 the northwestern side of the main building, a barn is located in the lot on the northern side of the garage, another barn is located in the lot on the northern side of the building, and storage buildings are located in the lot on the northern side of the barns, and on the northern side of the main building. There is a soil driveway installed that enters the lot between the barns and the storage buildings and loops past the northern side of the main building. The western and northwestern areas of the lot are farmland. The foundation grade in all areas around the building except along the northem side appeared to be in acceptable condition. The foundation grade along the northern side of the building is eroded and back pitched and the condition is likely due to an overflowing gutter. A large tree is located along the northern side of the building and the tree branches overhang and are touching the roof and are likely blocking the flow of rainwater to the leaders. Pruning of the tree branches and clearing the gutters of debris is recommended. The propensity for flooding was not assessed. b) Landscaping Landscaping surrounding the building includes shrubs, trees, and lawn areas, all of which are mature and fairly well maintained. There are trees located along the northern side of the main building and the southern side of the garage whose branches overhang and are touching the roof surfaces. The trees should be pruned as necessary to assure that their branches do not rub against the roof surfaces. Plan to have an arborist regularly examine the condition of the trees to lessen the risk of storm damage. c) Driveway, Parking Areas, Walks, Porches, and Entrances The ill-defined driveway and parking areas are eroded and sunken in areas. Anticipate filling in depressions, compacting the fill, in the future. A wood porch is installed along the front and wraps around to the south side of the building. Inspection found the decking and steps to have worn and peeling paint. A wood railing is installed along the edges of the deck and inspection found peeling paint and rot damage in an area along the top of the front railing and a railing post in the railing on the southern side. Repair of the rot damaged railing and removal of all peeling and worn paint, sanding and repainting of the decking, steps, and railings is recommended. The wood steps and landings at the two side entrances were found to have worn and peeling paint and removal of all peeling and worn paint, sanding, and repainting is recommended. The brick walk areas at the rear northern entry area was found to be sunken in areas but was otherwise in acceptable condition. Where railings are installed, no attempt has been made to assess their ability to resist or prevent the fall of persons, animals or objects. Do not exclusively rely on them to prevent such occurrences. Where railings are not installed and their placement would be beneficial, plan for their construction. Town of Southold Report 5 d) Garage, Barns, and Storage Buildings Garaqe The detached wood framed two-car garage is located in the lot on the northwestern side of the building. The exterior walls of the structure are covered with vertically odented wood siding and the roof is covered with asphalt shingles. The structure has a poured concrete foundation and floor and the intedor walls and ceiling areas are not finished. The garage is constructed of 2x4 wall studs and timbers and the roof is framing with 2x4 inch rafters. The garage has two sliding doors, and window openings that are covered with plywood. Deficiencies noted while inspecting the garage include: The garage was found to be noticeably wracked and leaning to the north. Inspection also found the exterior siding to be unpainted and deteriorated in areas and open spaces were noted between the siding boards. Other than a cross brace board that was installed on the interior southern wall there is no structural shear or other support installed to prevent continued wracking and possible collapse of the structure when exposed to high wind conditions. The asphalt shingles installed on the southern roof slope are deteriorated The concrete is cracked and sunken in areas. There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn and deteriorated in areas. The southern sliding door is stuck shut and could not be opened. The slide track for the entry door is rusted. Western Barn The western barn is located on the northem side of the garage. The extedor walls of the structure are covered with vertically oriented wood siding and the roof is covered with asphalt shingles. The structure has a bdck and concrete masonry unit foundation and the interior floor is bare soil and the intedor walls and ceiling areas are not finished. The barn is constructed of 2x4 inch wall studs and timbers and the roof is framed with 2x6 inch rafters. The barn has sliding and swing style doors, and the window openings are covered with plywood. The building also has a brick chimney installed against the exterior southern wall. Town of Southold Report 6 The building also was raised in height and walls were installed below the original structure as can be seen in the photo below, Inspection found the roof shingles to be in acceptable condition. Deficiencies noted while inspecting the garage include: The eastern wall of the barn was found to be noticeably bowed at the area where the original wall of the structure meets the lower wall, Failure to reinforce the wall and structure could result in failure of the wall and possible collapse of the building especially during high wind conditions. The foundation was found to be cracked and out of plumb and sunken in several locations particularly on the northern side. These conditions are likely due to frost heaving during wet and cold conditions. The top of the brick chimney installed along the southern side of the building is leaning to the north as can be seen in the photo below. There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn and deteriorated in several areas. Not all of the sliding and swing doors are operable. The slide track for the entry door is rusted. A storage building is also installed in the lot along the eastern side of the western barn as can be seen in the photo above. The exterior walls of the structure are covered with vertically oriented wood siding and the roof is covered with asphalt shingles. The building is constructed of 2x4 inch wall studs and roof rafters. The building has a swing style door and fixed window, Town of Southotd Report 7 Deficiencies noted while inspecting the storage building include: There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn and deteriorated and there is no siding installed on the walls at the northern end of the building, The roof shingles are deteriorated and there are no shingles installed on the roof areas at the northern end of the building. The building is noticeably wracked and leaning. Eastern Barn The eastern barn is located on the northern side of the main building. The extedor walls of the structure are covered with vertically oriented wood siding and a portion of the northern wall is covered with plywood and the remaining areas are covered with cedar shingles. The roof is covered with asphalt shingles. The structure has a poured concrete foundation and floor and the interior walls and ceiling areas are covered with finishes. The barn walls are framed with timbers and the roof is framed with 3x6 inch rafters. The barn has sliding and swing style doors, and there is an overhead door in the eastern wall. Sliding and awning windows are also installed in the southern wall. The building also has a concrete masonry unit chimney installed against the exterior southern wall. Inspection found the roof shingles to be in acceptable condition. Deficiencies noted while inspecting the garage include: There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn in most areas. Rot damage was noted in the edges of the overhead door panels. A siding board was found to be missing on the wall adjacent to the overhead door. Town of Southold Report 8 Northern Storage_ Buildings The northern three storage buildings are located in the lot on the northern side of the eastern barn. The exterior walls of the western storage building are covered with vertically oriented wood siding and the roof is covered with asphalt shingles. The walls are also partially covered with asphalt shingles. The building has a concrete masonry unit foundation and the interior floor is wood plank and the interior walls and ceiling areas are not finished. The building is constructed of 2x4 inch wall studs roof rafters. The building has a wood swing style doors, and there is no glazing in the window openings. inspection found the roof shingles to be in acceptable condition. Deficiencies noted while inspecting the westem storage building include: The roof is sunken and the walls are distorted. The floor is also sunken at the eastern end which is likely due to rot damage in the floor framing and wall sills There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn and deteriorated and rot damaged in several areas. The exterior walls of the middle storage building are covered with vertically oriented wood siding and the roof is covered with asphalt shingles. The structure concrete masonry unit and wood pier foundation and the interior floor is bare soil and the intedor walls and ceiling areas are not finished. The building is constructed of 2x4 inch wall studs roof rafters. The building has no door and the southern wall is open. Inspection found the roof shingles to be in acceptable condition. Deficiencies noted while inspecting the middle storage building include: The entire building is out of plumb and leaning to the north. There is no paint or other finish on the exterior sides of the siding and trim and the wood is wom and deteriorated and rot damaged in several areas particularly the western wall. The exterior walls of the eastem storage building are covered with vertically oriented wood siding and asphalt shingles and the roof is covered with asphalt shingles. The structure is installed on a poured concrete foundation and slab and the intedor walls and ceiling areas Town of Southold Report 9 are not finished. The building is constructed of 2x4 inch wall studs roof rafters. The building has a double wood swing door in the western wall and the walls are open on the eastern and northern sides. The building contained a well pump head. Inspection found the roof shingles to be in acceptable condition. Deficiencies noted while inspecting the eastern storage building include: · Oil stains were noted on the concrete floor and the adjacent soil inside the building where a pump was once installed. The extent of the soil contamination was not determined at the time of inspection. Soil testing to determine the extent of oil pollution is recommended. · There is no paint or other finish on the exterior sides of the siding and trim and the wood is worn and deteriorated and rot damaged. Deteriorated asphalt shingles were also noted on the walls. There is also a small storage building installed along the northern side of the main building near the northern side entrance. The building is a wood framed structure with 2x4 wall studs and roof rafters and is installed on a wood pier foundation. The exterior walls are covered with cedar shingle siding and the roof is covered with asphalt shingles. The building has a wood interior floor and the interior walls and ceiling are not finished. The building has a wood swing style door and an awning window. Deficiencies noted while inspecting the eastern storage building include: · The asphalt shingles on the western facing roof slope are deteriorated. · The siding and trim details are weathered and the finishes are worn and peeling. B. Interior Findings 1. Structural: The building was considered structurally stable at the time of the inspection. Observations were as follows: a) Foundation The building is constructed on a brick foundation and the small additions at the rear southern corner of the building and on the northern side of the building are constructed on a concrete masonry unit foundation. The foundation walls form a cellar and crawl spaces under the wood frame structure. Some typical and minor cracks were noted in the foundation walls but overall the foundation appeared to be in acceptable condition and appeared capable of continued service in support of the applied building loads. b) Framing The building is a wood framed structure with full dimension 2x10 inch floor joists that are installed 20 inches on center with 10% foot spans in the cellar areas and full dimension 2x8 inch floor joists installed 24 inches on center with 7% foot spans under the rear kitchen areas. The cellar area joists are supported by steel column and brick pier supported 6x6 and 6x4 inch wood girders. The kitchen area joists are supported by a steel column and foundation wall supported 4x6 inch wood girder. The floors of the small additions are framed with 2x8 inch lumber installed 16 inches on center. Town of Southold Report 10 Inspection of the framing below the kitchen area found the steel column supporting the beam that supports the floor joists to be supported by a piece of 2x6 wood lying on the crawl space floor. The installation of a poured concrete footing in lieu of the piece of wood at this location is recommended. The floor framing was otherwise found to be in acceptable condition and should be capable of modern design loads. It was not possible to view the second floor and wall framing since the framing is covered with finishes. The roof rafters are full dimension 2x5 inch lumber and the ceiling joists are full dimension 2x6 lumber installed 24 inches on center. The wall studs are likely to be 2x4 inch lumber, based on the age of the building. Additional information regarding the condition of the framing is contained in the Wood Destroying Insect Inspection section of this report. c) Attic The attic of the building is accessed through a stairway in the rear southern second floor room. There wood planks installed in the center areas of the attic. The floor of the attic is insulated with approximately six inches of fiberglass material in most locations and there are areas in the western attic that are covered with 3 inches of fiberglass material. Ventilation of the attic space and the underside of the roof is provided by a gable end window. The installation of a ridge vent at the time of reproofing is recommended. There is no accessible attic over the rear southem corner of the building. Ventilation of the shed roof at the rear southern corner of the building is provided through end wall vent. There is no railing installed along the steps to the attic. The installation of a railing is recommended. Several of the treads of the steps to the attic are cracked and loose and the steps are a potential fall hazards. Repair of the step treads is recommended. d) Cellar and Crawl Spaces Access to the cellar is through a door and handrail equipped stairway in the dining room. There is also a floor hatch installed in the floor of the room at the rear southern corner of the building. The cellar floor is poured concrete and, aside from some typical cracks, is in acceptable condition. The building has three crawl space areas. The crawl space located below the kitchen space in accessed through a rectangular opening in the rear foundation wall. The crawl space has a bare soil floor. The small crawl space below the northern side entry foyer is accessed through a rectangular opening in the northern foundation wall in the crawl space below the kitchen. The crawl space has a bare soil floor. Town of Southold Report 11 The small crawl space below the rear southern corner of the building is through a large door opening that was once a Bilco door opening to the exterior. The crawl space around the concrete steps have a bare soil floor. 2. Finishes: Interiors, other than the exceptions noted below, are in fairly good condition. Anticipate repair and painting to conceal imperfections and address deterioration and damage. Carpentry features were considered to be in generally acceptable repair. A sampling of the interior conditions included the following observations: · The door handle is loose on the dining room side at the door between the dining room and front entry hall. · The gypsum board covering the chimney in the southeastern corner of the dining room is cracked and broken. · There is no finished floor installed in the rear southern first floor room. · Water stains were noted on the ceiling and wall at the entry door to the rear southern first floor room. · Doors were found to bind and include the entry door to the second floor front bedroom, the two entry doors to the southern second floor bedroom, the entry door to the second floor northern bedroom, the door to the attic, and the entry door to the second floor western hall closet. · Cracks were noted in the plaster wall and ceiling surfaces in the second floor rooms. Where ceiling and wall finishes are cracked, anticipate that their attachment to the substrate material is now questionable. Where old plaster to lath connections exist, expect that broken plaster keys are present. · The door to the closet in the southern second floor bedroom does not latch shut. · There are no privacy locks on the doors to the second floor bathroom. Where railings are installed, no attempt has been made to assess their ability to resist or prevent the fall of persons, animals, or objects. Do not exclusively rely on them to prevent such occurrences. Where railings are not installed and their placement would be beneficial, plan for their construction. Examination of interior finishes is intended to focus on evidence of problems that require corrective efforts other than purely cosmetic work. The need for cosmetic work, in general, does not interfere with the functioning of a building component. Interior finishes can sometimes include materials that could contain environmentally threatening materials, including asbestos and lead. Testing for such materials is required to confirm their presence. Asbestos is often a component of such finishes as floor tile. Lead had been a constituent in certain paints. Determination of the existence of such materials is beyond the scope of this report. We have found that our clients are the best judges of what satisfies their critical eye with regard to interior finishes. For this reason we recommend that you review all interior conditions with the goal of citing those items that do not meet your personal satisfaction. C. Wood Destroyin,q Insect Inspection The residence was carefully examined in all accessible areas for evidence of wood-destroying insect infestation. Visual examination, sounding, and probing of wood members indicated no visible damage due to wood-destroying insects and no wood destroying insect activity was observed at the time of inspection. Town of Southold Report 12 Damage and/or insect activity may be present in areas that are not accessible to visual inspection. These spaces can include ( but are not limited to ) interior ceiling, floor, and wall structures concealed by finishes, and portions of building structure concealed by elements of foundation design, storage, insulation, vegetation, and exterior features such as decking. Certain aspects of construction can contribute to an elevated likelihood of wood destroying insect attack. Some of these conditions exist at this structure. They include concealment of portions of the structure where attack could occur such as finished areas, storage, concrete masonry unit foundations, rigid foam insulation in contact with or buried in soil, and foundation walls covered with rigid foam insulation. It is recommended that an inquiry be made regarding any past treatment for wood destroying insects. This may help determine the existence of a warranty. If no evidence can be produced, you may wish to consider treatment application. Treatment can only be accomplished by a New York State Department of Environmental Conservation licensed pesticide applicator. Regardless of whether any treatment was accomplished in the past or is planned for the future, perform a thorough structural inspection at least annually to help detect any evidence of wood destroying insect attack. The ability to safely apply pesticide is controlled by regulations governing the proximity of wells to the area to be treated. Under some conditions, treatment may not be possible. Wells installed within, or close to, the perimeter of the foundation may make treatment of a structure impossible. This does not appear to be a problem at this site. Please refer to the "Wood Destroying Insect Inspection Report" form provided with this report. That document is routinely accepted by lenders as proof of a termite inspection. D. Electro - Mechanical Findings 1. Electrical Systems Electrical service to the site consists of single-phase 120/240-volt overhead service. The service equipment installed in the building has capacity for 100 amps. The meter is located on exterior southern wall of the building. The service is routed to a main circuit breaker located on the southern wall in the cellar and then to a sub panel located on the western wall in the cellar. The panel has capacity for 16 single pole circuit breakers and there are no spare positions available for future growth. All observed branch circuit wiring is copper and consisted of older armored BX cable and newer Romex type cable. This installation is considered adequate for modern usage in a residence, but provides limited capacity for future growth. Electrical service to the eastern barn consists of single-phase 120/240-volt overhead service. The service equipment installed in the building has capacity for 100 amps. The meter is located on exterior southern wall of the building. The service is routed to a main circuit breaker located on the eastern wall in the shop area. The panel has capacity for 12 single pole circuit breakers and there are no spare positions available for future growth. All observed branch circuit wiring is copper. Town of Southold Report 13 Additional circuit growth could be accommodated with an additional sub-panel. However, while service equipment capacity is adequate, deficiencies were noted Observations included the following: A 240-volt receptacle was found to be connected to the main lugs in the cellar circuit breaker panel. The receptacle appears to have been used to connect a portable generator to the building's electrical panel. There is no transfer switch installed which will protect against simultaneous connection of the generator and the commercial service. This is a potentially dangerous arrangement and it is recommended that a transfer switch be installed to transfer the building Icad between commercial and a back- up source of power. Removal of this receptacle is also recommended. There are no Ground Fault Circuit-Interrupter (GFCl) receptacles in the kitchen, in the bathrooms, in the unfinished cellar, or on the exterior of the building The installation of GFCI receptacles in all damp orwet areas including the bathrooms, kitchen, the unfinished cellar, and on the exterior of the building is recommended. There are un-terminated eleothc cables on the soil floor in the crawl space below the northern side entry foyer and in the floor areas above the cellar on the northern side of the boiler. It is recommended that the cables be either terminated in electhc boxes or removed in their entirety. There is no cover plate on the wall switch at the closet in the rear second floor hall. The installation of a cover plate is recommended. It is recommend that the two prong receptacles be upgraded to the three prong grounded variety~ The second floor bedrooms were found to have 2 to 3 receptacles. Consideration should be given to increasing the quantity of receptacles in the second floor rooms. Electric cables were found to be routed through the edge of the floor hatch and the opening in the rear southern first floor room as can be seen in the photo below. This is a potential shock and fire hazard. Removal of the cables is recommended. Ensure that all circuit breakers are correctly identified and listed in the panel directory. Town of Southold Report 14 Receptacles and light fixtures were randomly tested. Not every receptacle or every fixture was tested. 2. Plumbing Systems: a) Water Supply Water is supplied from a metered public system that enters the building through the northern foundation wall. The water to the second floor fixtures was turned off at the time of inspection and the fixtures and piping were not tested for proper operation and leakage. The pressure and flow was not metered however the water was run for approximately I hour during the septic system test and during that period no deterioration of the pressure or flow was noted while testing the plumbing fixtures in the building. The following water supply plumbing items were found to be in need of service: · There are lengths of plastic pipe installed between copper pipes that are routed to the second floor bathroom located in the crawl space below the kitchen. Pipes of this type had been found to be susceptible to breakage. Replacement with copper piping should be considered, · The faucet assembly at the kitchen sink leaks. Copper piping is used to distribute the cold water throughout the building and the piping is not insulated. Consideration should be given to insulating exposed water piping to reduce condensation during the summer months. The copper piping in this building has incorporated lead based plumbing solder. If the presence of lead is a concern, appropriate water testing should be planned. A publication from the United States Environmental Protection Agency entitled, "Lead and Your Drinking Water" can help you better understand the condition. Where outdoor plumbing is installed, ensure that such systems are decommissioned and drained before freezing weather. b) Waste The waste plumbing consists of plastic and cast iron piping. The location of the on site disposal system was found in the lot on the western side of the building. The cover was remove and the first tank was found to be a corbelled brick pool. Based on the presence of a pipe in the wall of the pool another leaching pool is located in the lot on the southern side of this pool. The pool to the south was inaccessible and was not inspected. Old pools of this construction have had a history of collapsing. Consideration should be given to replacement and upgrading of the septic system. All plumbing fixtures drained properly and, with the exception of the items noted below, are in acceptable condition: · Inspection of the cast iron waste line in the crawl space found it to be cracked as can be seen in the photo below. Replacement is recommended. Town of Southotd Report 15 Complete assessment of the capacity of the cesspool/septic system can only be determined through a visual inspection of the leaching area or tank, and a determination of the permeability of the soil. Remaining capacity of the system is not predictable through routine building assessment measures. Such systems can become overloaded and may require servicing or rebuilding for their continued use. Other testing (i.e., dye tests) can be performed which may provide some further indication of the system's condition without visual inspection of the leaching areas or tanks. However, the reliability of such tests is not perfect. Dye testing of such a system is primarily intended to detect the leaching of sewage effluent at the ground surface. Positive results are considered indicative of a problem in the operation of the system. Dye testing, although an effective indicator of a system's performance at the time of the test, is not an all-inclusive test method for determining the satisfactory performance of subsurface sewage disposal systems. The most thorough determination of performance can only be obtained by excavation of the system and an examination of its condition, specifically looking for broken or blocked components and an accumulation of solids. Additional knowledge about system performance also requires investigation of subsoil and ground water conditions. This is accomplished through excavation of test holes at the site. Such determinations are beyond the scope of this examination and are normally not performed for real estate transactions. Additional information concerning the history of the installation may be available through the owner and/or the company that has pumped or maintained the system. Town of Southold Report 16 Dye testing of the system was conducted during the inspection. Results of the dye test indicated that no dye was observed, and the sub-surface disposal system performed in a manner considered satisfactory during the test. 3. Heating and Domestic Hot Water Systems and Fuel Supply: a) Heating System Heating is provided by a fuel oil fired boiler which supplies hot water to a thermostatically controlled circulating system which includes cast iron radiator and copper finned tube baseboard heating units. The heating system consists of an old American cast iron boiler and a relatively new Carlin oil burner. The American Society of Heating, Refrigeration, and Air Conditioning Engineers (ASHRAE) estimates the life span of such heating equipment at 35 years, oil burner life at 21 years, and circulator pumps at 10 years. The exact age of the equipment is unknown, but the boiler and circulator pump are likely to be beyond their estimated life expectancies. Based on these estimates, although continued service appears to be possible, escalated maintenance and possible replacement should be expected. The heating system appeared to operate properly and heat was generated from the cast iron radiating units within the building. However, the copper baseboard heating units did not heat. The reason for this condition was not determined at the time of inspection. Copper baseboard heating units are installed in the kitchen, the bathrooms, and the front entry hall. Other observations relative to the heating equipment included: · There are no radiators in the first floor rear southern room and in the second floor rear southern room. Fuel fired equipment should be routinely serviced. It is recommended that these items be included in a program of regular servicing of the equipment: · Checks of draft and combustion efficiency. · Cleaning of fireside surfaces, as well as cleaning of the breaching and chimney flues. · Testing and adjustment of safety controls and devices. · Tests for carbon monoxide leakage into interior building areas. Based on the service tag attached to the unit, the system was last serviced on 8-13-2009. It is recommended that the system be cleaned and serviced prior to closing. Bleeding of heating units and piping, or servicing the expansion tank may be necessary. Proper heating by a circulating hot water system is heavily dependent on effective movement of water through the system. Air must be bled from the heating units and piping to achieve proper water flow. Adjustment of flow control valves at the boiler may also be necessary. These tasks are considered part of system maintenance and balancing. Investigate these areas as part of any attempt to correct any limited heat distribution The elbows of the heating distribution piping in the cellar are covered with insulating material that appears to be the type often found to contain asbestos. Testing of the insulation is recommended. Assessments of heating systems cover function only. They do not attempt to determine the correct sizing of the equipment to the anticipated heating loads. Should you require this information, a licensed professional engineer can be retained to perform a load study of the building's environmental control needs. Town of Southold Report 17 b) Domestic Hot Water System The domestic hot water is supplied by a fuel oil fired water heater. The water heater is a 32 gallon Bock Model 32E unit equipped with a Bock Model oil burner. Based on the serial number on the unit, the heater is approximately 8 years old. The estimated life expectancy of domestic hot water heaters range from 10 to 13 years. The water heater was found to be operational at the time of inspection. The piping for the pressure/temperature relief valve in the heater is not installed and the installation of piping to direct water to the floor is recommended. Copper piping is used to distribute the domestic hot water throughout the building and the piping is not insulated. Consideration should be given to insulating exposed water piping to help reduce your energy costs. c) Fuel Supply Fuel oil for the heating system in the main building is stored in an underground tank. The tank appears to be on the northern side of the building, based on the exit of the fuel lines through the foundation and the observed vent and fill pipes. The integrity of underground fuel oil facilities was not examined as part of this inspection. Recent studies in New York have determined that the risk of underground oil storage leakage is over 50% for a tank buried at least 17 years. The tank is likely to be original and testing of the tank for leakage is recommended. The fuel piping is routed underground also and was not visible. The condition of the fuel lines when so installed cannot be determined. Sharp edges where fuel lines pass should be protected to avoid damage to the copper tubing from vibration and abrasion. Fuel oil for the farm pump system is stored in a 275-gallon tank located on the exterior eastern side of the northeastern storage building and it was found to be in acceptable condition. Inspection of other farm properties by this engineer found in some cases buried oil and gasoline tanks that were used for fueling farm equipment. Inspection of the areas of the lot around the buildings did not uncover any obvious storage tanks. It is recommended that the owner be queried as the presence of any below ground tanks or a firm that specializes in finding such tanks should be engaged to do a survey of the property for other buried tanks. 4. Appliances: The following appliances were installed with particulars as noted. We recommend that you fully cycle all appliances to your complete satisfaction: · Whirlpool Refrigerator/freezer- operating · G E. LPG range/oven - electric ignition - there is no gas installed - the unit was not tested. Make certain that fire and smoke and carbon monoxide detection devices aro installed and operational at the time of occupancy. Town of Southold Report 18 Operability of Iow voltage installations such as those associated with telecommunications, computer networks, cable or satellite television, and entertainment system wiring are not examined as part of this inspection. E. Environmental Issues Many environmentally related concerns have surfaced in recent years concerning building construction. No portion of the inspection process includes environmental assessment or testing procedures, or the specific identification of environmental threats. Should you desire to have certain environmentally-related tests conducted we will be pleased to assist in directing you to the appropriate experts and consultants, or arrange for such tests to be performed. You should be aware that many homes incorporate asbestos containing building products. Some areas where asbestos has historically been used include insulation and floor/ceiling tile. Inspection found insulating material on the elbows and on pipes at the top of the foundation heating system piping and on the flue cover of the unused chimney in the cellar that resembled asbestos. Remnants of asbestos pipe insulation were also found on the crawl space floor below the kitchen. If the presence of asbestos is a concern then testing by a laboratory is recommended. The presence of radon or formaldehyde also requires laboratory testing of gas samples to detect their presence. The United States Environmental Protection Agency (EPA) has recommended the testing of all homes for radon. Unless performed to exacting requirements given by EPA protocol, however, test results can be invalid. Radon problems on Long Island have been limited. Foam insulating products may contain formaldehyde. If water quality needs to be determined, sample collection and laboratory testing is required. Contaminants entering the water once inside the home require detection by laboratory analysis as well. Such contaminants can include lead. Lead has also been used in older paint products. Testing of the painted trim areas on the first floor found lead paint to be present. On March 6, 1996, the Federal government promulgated new regulations concerning the disclosure of information about lead paint in buildings. These regulations took effect on September 6, 1996 for buildings and homes with four or more units, and on December 6, 1996 for all other buildings and homes. You should become familiar with them to assess the impact they may have on ownership of property that may contain lead paint. The regulations provide specific rights intended to protect you when purchasing or occupying property. Under these regulations, Realtors and/or owners have certain legal responsibilities to prospective purchasers or occupants. Other chemicals have been known to enter the environment of homes. These can include pesticides from both proper and improper application methods; polychlorinated biphenyts (PCBs) often associated with electrical equipment; etc. Detection of such material also requires laboratory analysis. Past uses of a site are not investigated as part of the inspection process. Application of chemicals or other environmentally harmful agents, or their disposal, dumping or spillage in or on the grounds or surrounding areas, is not known. Health effects due to electromagnetic radiation from power lines and utility company equipment, or the effects of microwave radiation from nearby sources, are not evaluated as a part of the inspection process. Magnetic field strength under New York State law cannot exceed 200 milligauss at the edge of the transmission line right of way. Make further inquiries if this concerns you, or if you need to know field strength intensity. Town of Southold Report 19 Proximity of disease causing agents or other irritants and contaminants, including Lyme disease bearing ticks or hanta virus bearing rodents, to or at the site is not investigated as part of this assessment. F. Conclusion Using an evaluation based on excellent, good, fair, poor, and unacceptable, the entire property is judged as fair. As used here, we define fair to mean that, while components and/or systems may still be performing in a generally satisfactory manner, they are declining in usefulness due to wear and tear. Anticipate that their decline will require rehabilitation, repair, and/or replacement beyond that routinely expected. Such rehabilitation, repair, and/or replacement will be required to arrest further deterioration and/or to prolong life, Buildings evaluated as fair are considered to represent somewhat less than average conditions for the age and type of construction. The garage and all of the northern storage buildings and the western barn were found to be in very bad condition. The eastern barn and the small storage building adjacent to the main building were found to be in fair condition. The scale by which the property is evaluated is an unofficial guideline for relative comparison; it is not intended for any other purpose, Further investigate any items of concern. Under an interpretation made in December, 1988 by the New York State Education Department, New York State law requires that examination of buildings with regard to their structural, electrical, and mechanical systems in order to offer professional opinions as to proper integrity or capacity, must be done by a licensed professional engineer (P.E.). You should obtain an up to date copy of the certificate(s) of occupancy, or letter of compliance with local codes and regulations, from the local building code official. An up to date site survey should also be obtained to confirm boundaries. This survey report represents the opinion of the inspecting engineer at the time of the survey. The written report is given in strict confidence as a means to evaluate the physical condition of the structure and property. Condon Engineering, P.C. does not, by this document, offer a guarantee or warranty of the premises or of its fitness for use. Every attempt is made where possible to anticipate and convey potential problems. Latent and hidden defects cannot be detected under routine procedures of inspection and the firm cannot be held responsible for them. This inspection is based on commonly accepted standards used in the residential building inspection profession. These standards evolve through professional organizations such as the National Academy of Building Inspection Engineers, American Society of Civil Engineers, and the American Society of Home Inspectors. This should not be interpreted as an inspection for code compliance or design adequacy unless specifically stated in the report. Neither is this an inspection for compliance with insurance requirements as may be applicable to flood or windstorm protection. Condon Engineering assumes no liability for the cost of repairing or replacing any unreported defect or deficiencies or other damage to property or consequential damages. However, not withstanding and without prejudice to the foregoing, in the event that Condon Engineering is determined to be liable for any loss or damage arising out of the inspection or report, it is expressly understood and agreed that the damages, if any, shall be limited to the sum equal to the fee paid by the client for the inspection. Recognize that, at the time of the survey, the premises were evaluated as being in a particular condition. That condition may change after the survey's completion. Town of Southold Report 20 Reproduction and/or alteration of this document, or any part therein, is prohibited without the express written permission of the undersigned. Reproduction and/or alteration without the undersigned's consent may constitute a violation of New York State laws regulating the practice of professional engineering. Release of this document to the seller, the seller's Realtor, or any other person or persons having an interest in the property, with the exception of the buyer paying for this consultation and his or her attorney, is expressly prohibited unless specifically authorized by client and engineer. No copy of this report shall be considered valid unless it bears the embossed or original inked seal of the undersigned professional engineer. ndon,~P.E. - Town of Southold Report 21 I N S E C T R E P O R T Wood Destroying Insect Inspection Report Notice: Please read important consumer information on page 2. Section I. General Information Company's Business Lic. No. Date of Inspection Inspection Company, Address & Phone 1 1 / 2 2 / 1 0 NORTHSHORE EXTERMINATING LLC Address of Property Inspected P O BOX 1220 4395 HORTON LANE AQUEBOGUE,NY 11931 SOUTHOLD,NY 11971 ...... · .... ' ' ~ ESTATE " CRAIG ROSENBERG be construed as a guarantee or warranty against latent, concealed, or future infestations or defects. Based on a car, ul vis ,al inN~lo~o~th~O]O [] A. No visible evidence of wood destroying insects was observed. J)EP[ OF [AND [~ B. Visible evidence of wood destroying insects was observed as follows: PRESERVATION on 1 ...... posts~. ~=..u u~u~L .l~i. hSd,right side sill area ~i bat. 1,b. arn 2 .locusts posts, under.~a~%{d~_~i~i~D~R~D~m~ damaqe bottom left by door mtormgm h]~g 1~ Section IN. Recommendations h~mm~ w~r9 _=i_=tered in barn 2 [] Crawlspace ') dirt ..... ] - ~ --~ ~ ~ ~--~ 1 1 , 5 fu,=,, on =~.~-~-= 4. FIo<srcovedng 16 Dense vege[atlon ~Exterior 16,11 ...... =~= ~curage b~og D s[o[ng to ~i~'[~a~s 20. Snow ~Addition ..... ~ ..... ~ 1. ~] ~ ~,,~m ~--~u fl~l ~ ~ tsidinq in soi_ 12 a~24-O~wo~ .... ~ ........ ma[non ..... ma~.. hmo,storage 1 wood on dirl ..... , ...... , ..... ~= ~u~ 5 =~ux.~ Lu dire line r At~ts11,14,11 in areas,ceiling covere~ 11, li~ dir Page I of 2 E N V I R O N M E N T A L S U M M A R Y PHASE I ENVIRONMENTAL SITE ASSESSM11NT for the property located at: 4 $9 5 Horton Lane Southold, New York 1 19 71 Tax Map No. 1000~54-07~21.1 (portion of) prepared for: Town of $outhold Department of Land Preservation P.O. Box 1179 Southold, New York 11971~0959 prepared by: Cashin .Te ervices, Inc. Engineering. P~n '~~ction Management , oo ' ' UU~U ~ ~ DE~ER 13, 2011 ) DEC 1 5 2010 BEPT. OF PRESERWTI~, PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 4395 HORTON LANE SOUTHOLD, NEW YORK 11971 TAX MAP NO. 1000-54-07-21.1 (portion of) EXECUTIVE SUMMARY ~Cashin Technical Services, Inc. (CTS) has performed an evaluation of the parcel identified on /,he Town of Southold Real Property Tax Map, County of Suffolk, State of New York by Tax Map Number 1000-54-07-21.1 (portion of) in accordance with the American Society for Testing and Materials (ASTM) E 1527-05, 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 November 12, 2010. The subject property is an approximately 31-acre portion of Lot 21.1, which is approximately 34 acres in size. The un-included 3-acre portion of the lot is woodland and cleared land at the northwest end of the property. The subject property is primarily comprised of an active sod farm, with Briarcliff Sod renting the farmland from the current property owner, Mr. Joseph Conway. The sod field is relatively level, with a slight incline at the northwest end. At the time of inspection, the field contained an aboveground irrigation piping system along the western boundary, and a goose hunting pit (plywood box set into the ground at grade), near the western boundary. C:ashin Associates, P.C. · Engineering · Planning · Construction Management portion of the property along Horton Lane contains eight (8) currently un- structures, as follows: _Main House is a wood-framed, two-story residential dwelling with a basement and crawl The house currently utilizes oil for heating purposes, is serviced by the municipal water company, and utilizes on-site septic system components (two cesspools/leaching pools) the handling of sanitary waste. A new (installed 2010) 275-gallon heating oil aboveground e tank (AST) is located in the basement. Former Pump House is a small, wooden, empty, shed-like structure with cedar shingle and asphalt roof shingles located just outside the main house to the north. According to owner, the former groundwater supply well components located below/within this structure removed. Additionally, a 550-gallon heating oil underground storage tank (UST) has been properly closed/abandoned (in 2010) at the eastern exterior of this structure. The Garage is an empty, wood-framed structure with wood siding, concrete flooring and asphalt roof shingles. The Main Barn is a wooden structure with wood siding, concrete flooring and asphalt roof shingles. This structure features some fiberboard interior walling (also present in Westem Shed), a coal stove and chimney, and a workshop. The workshop contains wood, tools, equipment, work benches, table saws, drums of sawdust, and small-quantity containers of such materials as wood filler, plugging cement, paint, wood screw, caulk and silicone spray. A coal storage bin is located along the western exterior. Oashin Associates, P.C. · Engineering · Planning - OonsCrustion Management structure with wood siding, asphalt roof shingles, and a brick and foundation, with open ground flooring. This structure is used for storage of such as wood, tools, equipment, workshop materials, ladders, saws, shovels and plastic ; of road salt. Western Shed is a wooden structure with wood siding and asphalt shingles on the roof and exterior walls. The interior features wood plank flooring and fiberboard walling and ceiling e and mold). ;hed is a wooden structure with wood siding, asphalt roof shingles, and open ground Oil staining was apparent on the ground along the eastern exterior of the structure. The owner reported that this oil staining is from a diesel pump engine formerly located in that spot. The Well House is a wooden structure with wood siding and asphalt shingles on the roof and exterior walls. This structure is built above the irrigation well for the property. The interior features the well pump head and related machinery on concrete and open ground flooring, with some oil staining observed (on concrete). A 275-gallon diesel fuel AST is located along the eastern exterior. The owner reported that this fuel is used to power the pump engine, which is brought on site by the sod company when needed. CTS accessed the subject property from Horton Lane, a paved roadway which serves as the eastern boundary of the fam~ property. Adjacent properties consist.of: woodland and residential properties and dwellings along Horton Lane to the north; residential properties and dwellings and agricultural land across Horton Lane to the east; residential properties and dwellings and agricultural land to the south; and vineyards and woodland to the west. Oeshin AssooiaCes, P.O. · E~ngineering · Planning · OonsCructiom Management of the historical data for the past 72 years revealed that the subject property has been purposes (planting fields) since before 1938. The property owner, Mr. Conway, reported to CTS that his family has owned the property/farm since 1956, and that historically they grew potatoes, cauliflower, cabbage, tomatoes, and other crops. Mr. Conway reported that Briarcliff Sod has rented the property as a sod for the last 5-6 years. Some of the currently existing on-site structures appear to date back : least 1938. 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 Agricultural Use: Due to the current and longtime historic agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. The property owner reported that the sod company currently utilizes herbicide for weed control. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural Cashin Associates, P.O. · Engineering · Planning · Consteuocion Management gation, including sampling of soils and groundwater, would be needed to if long-term agricultural use has affected soils and possibly groundwater at the site. Stainin pug~_~_~p__Machinery_x_AST at Sheds: During the site inspection, oil staining s apparent on the ground along the eastern exterior of the Middle Shed. The owner reported this oil staining (few square feet in size) is from a diesel pump engine formerly located in The Well House is built above the irrigation well for the property. The interior features pump head and related machinery on concrete and open ground flooring, with some oil observed (on concrete). A 275-gallon diesel fuel AST is located on railroad ties (above ground) along the eastern exterior of the Well House. The owner reported that this fuel is power an irrigation well pump engine, which is brought on site by the sod company when needed. The ground staining described above is evidence of past releases, the pump machinery has the potential for release, and the AST location has the potential for spillage to open ground. As such, CTS recommends that surficial and shallow soil sampling be performed in the area of observable ground staining at the Middle Shed, within the Well House, and around the diesel fuel AST outdoor location in order to check for possible shallow soil contamination in these areas. Any contaminated soil which may be found must be properly removed from site and disposed of by a qualified contractor. Soil remediation of this type would be performed under the supervision of the SCDHS and the NYSDEC, and would be subject to any sampling requirements of the Departments. Ceshin Associates, P.C. · E~ngineering · Planning · ConstmuoCion Management ed/Abandoned UST: A 550-gallon heating oil underground storage tank (UST) has been closed/abandoned (in 2010) at the eastern exterior of the Former Pump House. The tank documents provided by the owner state and certify the proper (as per all NYSDEC and recommendations) tank abandonment, including tank pump out, removal of aboveground internal tank cleaning, and filling with two-part umthane expansion foam. The regarding this tank closure is provided in Appendix XI. These documents also that prior leaks cannot be detected by this abandonment procedure, and that proper ~* abandonment does not protect against leaks occurring prior to abandonment. As such, CTS recommends that subsurface soil borings and sampling be performed around the UST location in order to check for evidence of residual subsurface soil contamination from possible tank leakage prior to proper abandonment. Any contanfinated soil which may be found must be properly removed from site and disposed of by a qualified contractor. Soil remediation of this type would be performed under the supervision of the SCDHS and the NYSDEC, and would be subject to any sampling requirements of the Departments. Sampled and Potential Asbestos Containing Materials {ACMs): A NYSDOL-licensed asbestos inspector from CTS collected five (5) bulk samples of potential ACM during the site inspection (see Section 3.5.3). The laboratory analytical results for these samples found the following: all sampled materials were found to have No Asbestos Detected, except for the Main House Siding Shingle, which was found to contain 20% asbestos. This material, which was found to be positive for asbestos content and is considered ACM, must be properly removed and disposed of as ACM by a qualified, licensed asbestos abatement contractor prior to any renovation and demolition work affecting this material. Osshin Associates, P.O. · I~nginesring · Planning · ConsCruotion Management active oil burner within the Main House basement is also suspected of containing potential The original age of the subject buildings indicates that additional potential ACM may be in older, interior and exterior, exposed and unexposed building materials and As such, CTS recommends that a comprehensive asbestos survey be performed to any renovation or demolition activities in order to accurately identify the presence of that may be impacted by such actions. Any confirmed ACM that will be impacted must ~roperly removed and disposed of by a qualified, licensed asbestos abatement contractor. Supply Well Abandonment: The Well House is built above the irrigation well for the property. The interior features the well pump head and related machinery. The NYSDEC Division of Water recommends that any out-of-use private drinking water supply wells be properly decommissioned. As such, if the use of this existing well is not required for the planned future use of the site, CTS recommends that this water supply well be properly decommissioned by a qualified contractor. The NYSDEC provides guidelines/recommendations for such well decommissioning activities. A copy of these recommendations is provided as an Appendix to this report. Cashin Associates, P.C. · Engineering · Planning · Construction Management New York State Oepartment o£ Transportation Southold Quadrangle New Yorlc- ~u~olk ~o. ~i~1 EdiHon $c,~le 1:2zl000 Environmental FirstSearch 1 Mile Radius ASTM Map: NPL, RCRACOR, STATE Sites 4395~Lh~ '~:': ...... FIR ~ Photograph #t ~ View of Horton Lane looking northwest; subject property and structures on left Photograph #2 * View of structures including main house, from Horton Lane Photograph #3 ~ View of structures, including rnain barn, from Horton Lane View of sheds from Horton Lane Photograph #5 - View of subject sod farm looking southwest from Horton Lane .Photogra(Ph #6 - View of goose hunting pit on western portion of sod field photograph #7 - View of goose hunting pit photograph #8 - View of aboveground irrigation piping along southwest boundary of property Photograph #9 .- View of southwest boundary Iooldng into northwest corner photograph #t0 - View of sod field looking southeast toward structures Photograph ¢tt - View of western shed with asphalt shingles on roof and exterior wail I~hotogl'aph #'12 ~ View of water damage and mold on fiberboard walling within western shed p~otog~aph #~ 3 ~ View of middle shed View of oil staining on shed ?hoto~raph #'~ $ - View of well hoLlse with asphalt shingles on roof and exterio~ wails ?h©t©~al~h #~!6 - View of diesel fuel AS¥ a~[ eastern ex/er o~ o weft house photograph f,P/? -- View of ffrigation well macmnery inside well house ?hot~g~'aph #~ 8 ~ View of main barn ?hOtog~aph ¢19 -- View of coal storage bin at western exterior' of main barn photeg~aph #20 - View of some materials in main barn workshop ?hotograph #21 - View of second barn Photograph #22 - View of storage in second barn Photograph #2~ - View of garage Photograph ¢24 - View of former purnp house Photograph ¢25 - View of closed/abandoned UST location at exterior of former pul~nP house photograph ¢26 - View of main house Photograph ¢27 -- View of concrete- covered sanitaw system component at western exterior of house ~:~hotograph #28 - View of concrete- covered sanitary system component in yard to south of house Photograph ~¢29 - View of fill port and vent pipe (at southern exterior of house) associated with heating oil AST in basement Photograph #30 - View of new 275- gallon heating oil AST in basement pho[o~Taph #$f ~ View of oil bumeT in basemen~ Photograph #32 -View of pipe (fiberglass) and ioiht insLllation iR basement Photograph #$$ ¢ View of sacks of cement in basement Environmental FirstSearch 1 Mile Radius ASTM Map: NPL, RCRACOR, STATE Sites 4395 HORTON LANE, SOUTHOLD NY 11971 Ource: 2005 US. Census TIGER Files Ii~¢tSite (Laumde:41.O?3015 Longimde: -72 4386) Environmental FirstSearch ,5 Mi~e Radius ASTM Map: cERCLIS, RcRATSO, LUST, SWL 4395 HORTON LANE, SOUTHOLD NY 11971 U.S. CensUS TIGER Files (Latitude 4 073015 Longitude: 724386) Environmental FirstSearch .25 Mile Radius Non-ASTM Map: No Sites Found 4395 HORTON LANE, SOUTHOLD NY 11971 *ce: 2005 ILS. Census TlGER Files Iget Site (Latitude: 41073015 Longitude: -72 4386) Environmental FirstSearch .5 Mile Radius Wetlands Sites 4395 HORTON LANE, SOUTHOLD NY 11971 lurce.. 2005 U.S. Census TIGER Files :~rgetSite (La6mde:4l 073015 Long~tude:-724386 S U B S U R F A C E S 0 I L I N V E S T I G A T I O N PHASE II SUBSURFACE SOILS INVESTIGATION FOR THE PROPERTY LOCATED AT: 4395 HORTON LANE SOUTHOLD, NEW YORK 11971 PREPARED FOR: TOWN OF SOUTHOLD DEPARTMENT OF LAND PRESERVATION P.O. BOX 1179 SOUTHOLD, NEW YORK 11971-0959 PREPARED BY: CASHIN TECHNICAL SERVICES, INC. 1200 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORK 11788 CTS Project #CATS.028 TASK 2 May 11, 2011 PHASE II SUBSURFACE SOILS INVESTIGATION FOR THE PROPERTY LOCATED AT: 4395 HORTON LANE SOUTHOLD, NEW YORK 11971 1.0 BACKGROUND AND PURPOSE 7 This report presents the findings of a Phase II Subsurface Soils Investigation performed by Cashin Technical Services, Inc. (CTS) on March 11, 2011 at the above referenced site. This investigation was performed in accordance with a proposal dated January 11,2011. The scope of work was based on CTS's Phase I Environmental Site Assessment dated December 13, 2010 which indicated several possible recognized environmental conditions (RECs) for the site including: stained soils in the vicinity of a well house; an area which contains an abandoned in place 550-gallon underground heating oil storage tank (UST); and the long term use of agricultural chemicals including pesticides and herbicides. This Phase II investigation was recommended to determine the nature and extent of residual contamination of soils at the site associated with these possible RECs and prior uses. CTS's investigation included the performance of a utility mark-out to identify the UST location; the advancement of soil borings in the vicinity of the abandoned in-place UST; the collection and analysis of soil samples from these borings; collection and analysis of soil samples from the observed oil stained grass areas (reportedly from well pump equipment); the collection and analysis of soil samples from the sod fields; and basement storage area within the main barn. The field investigation was performed by CTS Environmental Scientist Marc Califano on March 11, 2011. Access to the site was provided by Mr. Joseph Conway, owner of the subject property. The subject property (District 1000, Section 54, Block 7, Lot 21.1) is an approximately 31-acre portion of Lot 21.1 which is approximately 34 acres in size. The un-included 3-acre portion of the lot is woodland and cleared land at the northwest end of the property. The subject property is primarily comprised of an active sod farm, with Briarcliff Sod renting the farmland from the current property owner, Mr. Joseph Conway. The subject property is currently used as agricultural farmland and contains the following eight un-occupied structures: a main house; former pump house; garage; main barn; second barn; western shed; middle shed; and well house. The subject site is located in Southold, Town of'RN, eC¢~, Suffolk County, New York. Cashin Associates, P.C. · Engineering · F~lanning · Construction Management NOT TO SCALE SHED ~L WE. LL HOUSE SB-5 STAIN -AC'R VE AST 2?5-GALLON BARN BASEMENT SECOND BARN Z GARAGE CESSPOOL 0 COVER SO~L BORING LOOA~]ON STORAGE TANK ~ENT PIPE STORAGE TANK I~LL PORT FORMER PUMP HOUSE MAIN HOUSE AC~VE AST 275-GALLON IN BASEMENT XO c[ssPooL 0 SITE SKETCH #1 4~$ g5 Hot, on $outhold. N~w Yor~ MILL:ER ENVIROlq'MENTAL GROUP,Nc,cC · Client ~: JobSIte Location: Tank TANK ABANDONMENT CERTIFICATE :pRO ECT #: "Conway Reaidence 4395 Hortoh~ Lane, Southold, NY' I"1'97 t 10/8/10 550..usT This c~ocument ~rlffies that proper abandonment of the aforementioned fuel ~,.,ge tank wl~:c°rnplete~ following all NYSDEC ahd SCHD recommendaf~ons. Proper a_bandonment-inciudea removal of above ground piping, Internal cleaning, and filling with two-pert ure~ane expanslOB_ foam. Prior leaks (:annot be detected by this abandonment p~ure. PnDper abandonment does not protect ~galr,art leaks oooutring prior to abandoemenL Pmjec~ Manager Attestlfl6n: Print Name: j~,.F~:~ogan.~g. Manager 'MAY 23 2011 / DEPT. OF LAND' / P, RESERVATION J 105 South Albany Ro~d, Selkirk, NY 12158. (518] 767~0285. Fax (518)-7~'/'~0289 1~300 ~harrte$ DrNe, WeMbury, NY 11590 · [516) S76-7940. Fex {516) 876-7~46 t69 Stone Caslb Road, Ro~k 'Favern NY 12575 ' (845} 569-1200 * F~X (845) ~9-1268 ~116 Newge/e Avenue, Baltimore. MD 21224 · [,110) 631-9193 ..Fax (4101 631-9197 105 Rive~'i~w Drive. PO Box365. Paulr~om. NJ ~H)~6- (856) 224-1100. Fax (856} 224-11t$ 40 Artisan DdVe;.Smyrna. DE 19977 .. (30~ ~.~q~os.~q· FaX (302) 653-0334 BURTPS R LIABLE W~ ?t Take Ca~ of 1515 Youngs Ave. · P.O. Box 6'96 * Southold. NY 11971 Tel: (631) 765-3757 · Fax: (631) 765-1744 · www. burts, com MS. JULIA CONWAY C\O 3OSEPH CONWAY 6005 HORTON LANE SOUTHOLD~ NY 11973. INVOICE Date 11104/2010 Invoice# 1191 Tear on dottecl line and tatum top portion with your payment. 6253F ;~L/04/2010 4395 HORTON LANE SOUTHOLD NY 11/0'~/2010 ABATEHENT OF IN GROUND TANK 1.00 0.0000 PUMPED OUT 550 GALLON FUEL TANK AND FILLED W1TH FOAN. LEGAL TANK ABATEMENT PERFORMED BY HZLLER ENVIRONMENTAL GROUP, $38 EDWARDS AVE., CALVERTON, NY 11933~ (631)-369-4900. PLEASE FIND A COPY OF THE TANK ABANDONMENT CER'I'J~CATE ENCLOSED FOR YOUR RECORDS. PRESERVATION TOTAI.~ $0.00 BURT S RELIABLE We'll Tel~ Care of i~~ HEA11NG · AIR CONDmONING · PLUMBING Natural Heating OiFu * BioOiesel · Kerosene · Diesel Tel: (~31) 765-37~7 ,, Fax; (631) 765-1744 ,, www, burts, com ENVIROSCIENCE CONSULTANTS, INC. ENVIRONMENTAL, ASBESTOS & LEAD CONSULTANTS 2150 SMITHTOWN AVENUE, SUITE 3, RONKONKOMA, NY I ! 779 PHONE 6:31.580.:3191 FAX 6:3 ! .580.:3195 July 27, 2011 Mr. Joseph Conway 4395 Horton Lane Sonthold, NY 11971 Re: 4395 Itorton Lane, Southold, NY 11971 Dear Mr. Conway: Introduction Enviroscience Consultants, Inc. performed a focused soil remediation at the above- referenced proper~y. The soil remediation was implemented based on the conclusions and recommendations from a Phase II Environmental Site Assessment (ESA) prepared by Cashin Technical Service, Inc., which was dated May 11,2011. Figure 1 shows the property's location, and Figure 2 shows the general layout of the property, including the soil remediation locations. Methods On July 12, 2011, soil remediation activities were performed in two general areas on the subject property. One of these general areas is within and in the immediate vicinity of the well house in the northern portion of the property. According to the Phase Il ESA, three incidental oil-stained areas showed concentrations of semi-volatile organic compounds (SVOCs) that required remediation. The second of these general areas is identified as the basement floor in the main barn that is located slightly south of the well house. According to the Phase II ESA, concentrations of pesticides were detected in the top six-inches of soil that comprises the basement's earthen floor, which required remediation. The soil remediation was performed in these above-referenced locations by extracting the top six to eight inches of soil, using a combination of manual labor and a mobile vactor unit. For the well house, three areas of petroleum staining were identified and remediated. Specifically, one remediation area to the west of the well house measured approximately 4.5 feet by 5.5 feet in dimensions, while another area that was within the well house measured approximately one-foot wide by three-feet Jn length. Also, an area that measured approximately 4 feet by 5 feet was remediated east of the well house, adjacent to a concrete pad. For the main barn's basement, soil from the entire earthen floor was extracted except for immediately adjacent to the barn's foundation. Mr. Joseph Conway -2- July 27, 2011 Subsequent to the field remediation effort, the impacted soil was properly disposed at Clean Earth of Carteret in Carteret, NJ, which totaled 6.07 tons of material. A copy of the waste disposal manifest is provided in Attachment A. To evaluate the effectiveness of the remedial effort, one confirmatory soil endpoint sample was obtained from the soil extraction areas in connection with the well house, and one confirmatory soil endpoint sample was collected from the main barn's earthen basement floor. Each sample was placed in laboratory-supplied containers, preserved properly, and transported to a New York State Department of Health (NYSDOH) Environmental Laboratory Approval Program (ELAP) certified laboratory (which was York Analytical Laboratories, Inc. in Stratford, CT). The well house sample was analyzed for SVOCs since only SVOCs were identified as contaminants in the Phase 1I ESA, and the basement's earthen floor sample was analyzed for pesticides since only pesticides were identified as contaminants in the Phase II ESA. Results & Conclusions Based on the laboratory chemical analytical results, there were no detectable levels of SVOCs or pesticides in their respective confn-matory soil endpoint samples. A copy of the laboratory report is provided in Attachment B. Therefore, the confirmatory soil endpoint samples show that the remedial effort successfully addressed the concerns identified in the Phase II ESA, and there are no residual levels of contamination in the remediation areas. Recommendations Based on the results and conclusions of this soil remediation, no further action is warranted. If there arc any questions, please contact me. Very truly yours, Greg .... Menegio ..... Greg Menegio Department Manager Senior Scientist ENVIROSCIENCE CONSULTANTS,, INC. ENVIRONNIENTAL~ ASBESTOS & LEAD CONSULTANTS Figure 1 Site Location Map 4395 Horton Lane, Southold NY 11971 NATIONAL G~C~(APH!C Figure 2 Soil Remediation Locations 4395 Horton Lane, Southold, NY 11971 = Soil Remcdiation Locations ATTACHMENT A Waste Disposal Manifest ENVIROSCIENCE CONSULTANTS~ INC. ENVIRONMENTAL, ASBESTOS & LEAD CONSULTANTS CLeANeARTH 547278 GLOBAL JOB NUMBER:~_~ ~.. _i ~ ~ ~'~'~t Please Check One: f C!ean Earth of Car/eret C] Clean Earth of Maryland 24 Middlesex Avenue 1469 Oak Ridga P/ace Cademt, NJ 07008 Hagerstown. MD 21740 Ph: 732-541-8909 Ph: 301-791-6220 ~] Ctean Earth of Philadelphia ~ Cleaa Earth of North Jersey 3201 S 61st Street 1!5 Jacobus Avenue Philadelphia, PA t9t~ Kearny, NJ 07032 Ph: 21~724-5520 Ph: 973-344-400~ _ FACILITY APPROVAL NUMBER: Clea~ Earth of Now Castle 94 Py~es Lane New Castle, DE 19720 Ph; 302-427-6633 C~an Earth of Southeast Penns~vani9 7 Stoe~ Road East Mo~e~iie, PA 19067 Ph: 2!5-428-17C~) Non-Hazardous Material ManifeSt ~_T_v~ or Print , GENERAFOR S NAME & SITE ADDRESS: GROSS WEIGHT: , GE~TOR'S PHON~: ~ N~T ~%IG~- ~ ~rq ;t~ M ~ k~ k ,'~ ~MI~t ID A~) LOCATION .... ~pl i~ ' GENE~TOR~S CERTIFICATION ~ ~c ere ancot ~s manifests will ca~ the load to ~ delayed anti, or rej~ted. ~ hereby c~i~' that the a~ve mined material d~ not ~nmm ff~ liquid ~ defin~ by 40 C~ P~ 260.10 or any applicable state [aw, ~s not a ha~doms w~e ~ de.ed by 40 CFR Pa~ 261 or ~y apptic~le state law, is not a ~T h~do~ subs~nce ~ de~ by 49 CFR Pa~ 172 or any apptimble ~¢ law, h~ be~ ~lly ~d a~ely d~ above, cl~sffie~ ~g~ ~d is TRANSPORTER .......................... Co,, ~ , -~ ~;- Phone Number: ...... ! ..... ~.~ ...... SW Haulem Pe~t ~: I hereby ceCil} t~Mt the above named material w~s pkked up at fi~e site listed above, ..... ,=-~ ..... x~ ....... Date ~d Time: I h~eby ce~fy th? ?¢ abo~mamed mat~ w= deliver~ without incident to fi c tkcil[b' noted a~ve. m. ,tt ~mtenal h~ ~en accepted ~ ~eabovc 'e Authorized Si~amre: [ ~ Date an~ r~me -'~ { , / ~ ~ T~SPORTER ATTACHMENT B Laboratory Report ENVIROSCIENCE CONSULTANTS, INC. ENVIRONMENTAL, ASBESTOS & LEAD CONSULTANTS YORK Technical Report prepared for: Enviroscience Consultants, Inc. 2150 Smithtown Avenue Ronkonkoma NY, 11779 Attention: Greg Menegio Report Date: 07/18/2011 Client Project ID: 4395 Horton Ln. York Project (SDG) No.: 11G0398 CT Licct~se No PH 0723 120 RESEARCH DRVE New York LicenseNo 10854 f203~ 325- 37 FAX ~03.! 357-016,,3 Page 1 of 6 I Report Date: 07/18/2011 Client Project ID: 4395 Herren Ln. York Project (SDG) No.: 11G0398 Enviroscience Consultants, Inc. 2150 Smithtown Avenue Ronkonkoma NY, 11779 Attention: Greg Menegio Purpose and Results This report contains the analytical data for the sample(s) identified on the attached chain-of-castody received m our laboratory on July 13, 2011 and listed below. The project was identified ms your project: 4395 Itorton The analyses were conducted utilizing appropriate bi'A, Standard Methods, and ASTM methods as detailed in the data summary tables. All samples wea-e received in proper condition meeting the customary acceptance requirements for enviromental samples except those indicated under the Not~s section of this report. All analyses met the method and laboratory standard operaOng procedure requirements except as indicated by any data flag,~ the meamng of which are explained in the attachment to this report, and case narrative if applicable. The results of the analyses, which are all reported on dE: weight bahs (mils) unless otherwise note& arc detailed in thc ~i~owing pages. Please contact Client Services at 203.325.1371 with any questions regarding this report. I York Sample ID Client Satanic ID Matrix Date Collected Date Received I I 11 G0398-01 Well House Soil 07/12/2011 07/13/2011 11 CAB98-02 Basement Soil 07/12/2011 07/13/2011 General Notes for York Project (SDG) No.: 11G0398 1. The RLs and MDLs (Reporting Limit and Method Detection Limit respectively) reported arc adjusted for any dilution necessary duc to Iht levels of target and/or non-target analytes and matrix interference. Ih*: RL(REPORTIIqG L1MIT'/ is based upon the lowest standard utilized for the calibration where applicable 2. Samples are retained for a period of thirty days after submittal of report, unless other arrangements are made. 3 York's liability for the above data is limited to the dollar value paid to York for thc referer, ced project. 4. Ibis report shall not he mprodm:ed withom the written approval of York Anal)tic,al Laboratories, lnc. 5 All samples were received in proper condition for analysis with proper documentation, unless otherwise r~oted. 6 All analyses conducted ~net method or Laboratory SOP requirements. See the Qualifiers aM/or Narrative sections for further information. 7 It is noted that no analyses reported herein wetc subcontracted to another laboral~ry, unless noted in the report. 8 Ihis report reflects results that relate only to the samples submitted on the atlached chain-of-custody form(s) received by York. Approved By: Date: 07/18/2011 Robert Q. Bradley Executive Vice President / Laboratory Director YORK I Page 2 of 6 I YORK Yo~ Proiect (SDG) No. 1 IGO39g Wcll House Sample Information Client Project ID 4395 Horton Ln. Matrix Soil York Sample ID: Collection Dale/Time July 12,2011 3:00pm 1 IG03984)1 Dale Received Semi-Volatiles. PAH Tareet List Log-in Notes: Sample Notes: Total Solids Log-in Notes: Sam hie Notes: Sample Information Client Sample 1D: Basement York Sample 1D: 11G0398-02 York Proiect (SDG) No. Client Project ID Malxix Collection Date/Time Date Received 11G0398 4395 Horton L~ Soil July 12, 201 [ 3:00 pm 07/13/2011 Pesticides, 8081 target list Log-in Notes: Sample Notes: CAS No. ! 20 RESEARCH DRIVE STRATFORD, CT 06615 (203) 32543/I Page 3 of 6 ! York Proiect (SDG) No. 11 G0398 Basement YORK Sample Information York Sample ID: i IG03984)2 Client Pro je~t ID Malrlx Col lection Dat~/'Fime Dale Received 4395 Horton l~a. Soil July 12, 2011 3:00 pm 07/13/2011 Pesticides, 8081 target list Sam~le gr~par~i by Metho& EPA 3550B Log-in Notes: Sample Notes: Total Solids Log-in Notes: Sample Notes: !20 RESEARCH DRIVE STRATFORD CT 0¢¢31fi (203) 325-1371 FAX (2~) 3574]1~ ! Page4 of 6 ] YORK Notes and Definitions B~se/Neutral surrogate recovery ouL~idc of control limits. The data wa,~ accepted based on valid recovery of remaining two base/neulral surrogates i 20 RESEARCH DRIVE STRATFORD CT 0G615 (203) 325-1371 FAX ~203', 35742!~ A....,=.. ,.=. Field Chatn of Custody Record si~atur= b~ds y~ to Yo~'s S(d. T~a & C~tions ~s~d by written ~nwact. YOUR Information 6 E-Mail Address: Report To: ~.y:lnvoicefa~ To:~ Project ID Turn-Around Time ~ected/A)~o/tzed By (Signature) / Name (prtnted}~/ Sample Identification S - soil Other- s~ci~7(oiL ~c3 OW- groundwater DW - drinking water .,MI-A, ambient mr Purchase gamples from: CT RUSH. Same Day RUSH- Next Day ~=~ . RESR. ~1~o Day Order No. ,,,,.~ RUSH · TILde usy .us..ro.~ ~y Date Sampled Sample Matrix Rep'-~or~ TypelOeliver~ Summary Report Summary w/QA s.~m.~ CT RCP Package N Y ASP A Packag~'ff.~ .~_'_2 NY ASP B Package EDD (Specify Type) Excel ....... N~ co~ Special ll~t Cya,ge-T Fiekt F~ [.~ 'ms Choose Analyses Needed from the Menu Above and E.ter Below Comments MeOn Date/Time Date/Time Oate/Time P U B L I C H E A R I N G RESOLUTION 2010-889 ADOPTED DOC Il): 6346 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-889 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 4, 2010: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesda¥~ November 16~ 2010~ at 4:35 p.m,~Peconic Landing~ Brecknock Road, Greenporh New York as the time and place for a public hearing for the purchase o fa 31~ acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31± acre acquisition which will occur in a two part purchase. The first purchase consists of the Toxvn purchasing a development rights easement on approximately 29± acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31± acres, of which 29± acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-txvo thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved duc to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Toxvn Hall Annex, 54375 Route 25, Southold, New York. and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUSI MOVER: Louisa P. Evans, Justice SECONDER: Christophcr Talbot, Councilman AYES: Ruland. Orlando Talbot, Krupski Jr., Evans, Russell LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, November 16, 2010~ at 4:35 p.m.~ Peconic Landing~ Brecknock Road, Greenport~ New York as the time and place for a public hearing for the.purchase of a 31' acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 3 lq- acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29q- acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-t;vo thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town pumhasing fee title to 3lq- acres, of which 29+ acres are subject to a Development Rights Easement and 2q- acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty- two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: November 4, 2010 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON November 11, 2010 AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Comptroller Town Attorney Town Clerk's Bulletin Board SOUTHOLD TOWN BOARD PUBLIC HEARING November 16, 2010 4:35 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Vincent Orlando Councihnan Christopher Talbot Town Attorney Martin Finnegan Deputy Town Clerk Linda Cooper This hearing was opened at 5:15 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday~ November 16~ 2010~ at 4:35 p.m. Peconic Landing~ Brecknock Road, Greenport~ New York as the time and place for a public hearing for the_purchase of a 314- acre parcel of property, including an existing farmhouse and accessory structures. Said property is owned by the Estate of Julia Conway and is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York. The total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 314- acre acquisition which will occur in a two part purchase. The first purchase consists of the Town purchasing a development rights easement on approximately 29-- acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second purchase consists of the Town purchasing fee title to 31± acres, of which 29~: acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact. The second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty- Conway Purchase Public Hearing November 16, 2010 two thousand five hundred dollars) plus applicable acquisition costs. The second purchase is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by thc Town Board on Nove~nbcr 4, 2010. The property is listed on the Town's Community Preservation Project Plan as property that should bc preserved due to its agricultural values. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Soutbold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. We have a notice that it ,,vas posted in the Suffblk Times on November 11, 2010, affidavit that it was posted on the Town Clerk's bulletin board at Town Hall on November 5, 2010 and a letter from the LWRP coordinator stating that it is consistent with the policy standards and thereibre is consistent with the LWRP. And that is it. SUPERVISOR RUSSELL: Would anybody like to come up and address the Town Board on this acquisition? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: As shown on the aerial in front, this property is located in Southold, to the north of CR 48, on the west side of Horton's Lane. The property, which is owned by an Estate, has historically been and is currently in active agriculture. The landowners are no longer in the business of farming and to settle the Estate, a decision was made to sell the farm. Since the landowners are not farming, they were not interest in selling just the development rights and retaining the agricultural rights to the Town. Instead, the landowners approached the Town and offered 31 acres of the 34 acre farm for purchase by the Town. One of the landowners owns adjacent property and decided to retain 3 acres on the north side of the farm. He is currently betbre the Planning Board for a lot line change to accomplish this. The 31 acres includes an existing farmhouse and several accessory structures. With the exception of the area around the house, the property is all used for agriculture. The Land Preservation Committee reviewed the application and detennined that purchase of the property together with extinguishing the development rights on all but approximately 2 acres around the existing dwelling, accomplishes the purposes of the Town's farmland preservation program. In 2007, a bond resolution was authorized by the Town Board and then approved at a biennial Town Election authorizing $4 million for the acquisition of agricultural lands. This funding source enables the town to acquire and preserve agricultural land and specifically allows the town, once development rights are removed from the property, to sell or lease the interest in the underlying agricultural Iands. The Town Board adopted a Farmland Policy on November 4, 2010 to provide guidelines atbr use of the $4 million farmland bond. As noted in the heanng notice, the Town will be using both Community Preservation Funds and funds from the $4 million fhnnland bond tbr this purchase. Upon completion of this purchase, the town will have preserved 29 acrcs of viable agricultural land. The Land Preservation supports this acquisition and Conway Purchase Public Hearing November 16, 2010 recomlnends that the Town Board proceed with the acquisition. I'd like to thank the Peconic Land Trust lbr working together with us on this project and of course, the landowners for working with us and offering us the opportunity to preserve this important t:ann. Thank you. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular acquisition. Another thumbs up from Hugh, fbr the record. (No response) The hearing was closed at 5:23 PM Linda J. Cooper Deputy Town Clerk S E P U R C H A S E R E S 0 L U T I 0 N RESOLUTION 2010-920 ADOPTED DOC ID: 6362 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2010-920 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON NOVEMBER 16, 2010: WHEREAS, the Town Board of the Town of $outhold held a public hearing on the question of the purchase of a 31- acre parcel of property owned by the Estate of Julia Conway on the 16th day of November, 2010, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-54-7-21.1. The address is 4395 Horton Lane, Southold, New York. The property is located in the A-C zoning district and is located on the westerly side of Horton Lane, at the intersection of Old North Road and Horton Lane in Southold, New York; and WHEREAS, the two part purchase comprises a total of 31± acres, subject to survey, including an existing farmhouse and accessory structures; and WHEREAS, the total purchase price is $85,000 (eighty-five thousand dollars) per buildable acre for the 31± acre acquisition; and WHEREAS, the first purchase consists of the Town purchasing a development rights easement on approximately 294- acres; and WHEREAS, the first purchase is to be funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs; and WHEREAS, the first purchase of the 29± acre development rights easement is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, and WHEREAS, the second purchase consists of the Town purchasing fee title to 31± acres, of which 29± acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact; and WHEREAS, the second purchase is to be funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs; and Resolution 2010-920 Board Meeting of November 16, 2010 WHEREAS, the second purchase is consistent with the approved Farmland Preservation Bond (Bond Resolution 2007-715) and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and WHEREAS, the landowner's application and offer to the Town was to sell fee title to the entire 31 ± acre property, and acquisition of a development rights easement only was not an option offered by the landowner; and WHEREAS, the 31± acre property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the proposed action, consisting of both purchases, has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator recommends that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee recommends that the Town Board acquire the entire 31± acre property in order to further accomplish the purposes of the Town's farmland protection program; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase this entire 31± acre property in order to further accomplish the purposes of the Town's farmland protection program; and WHEREAS, the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a 31 ± acre parcel of property, including an existing farmhouse and accessory structures, owned by the Estate of Julia Conway and identified as part of SCTM //1000-54-7-21.1. The total purchase phce is $85,000 (eighty-five thousand dollars) per buiIdable acre for the 31± acre acquisition which will occur in a two part purchase; and, be it further RESOLVED that the first purchase consists of the Town purchasing a development rights easement on approximately 29± acres funded by the Town's Community Preservation Fund at a purchase price of $62,500 (sixty-two thousand five hundred dollars) per buildable acre, plus applicable acquisition costs in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code. The second Updated: 11/16/2010 3:39 PM by Lynda Rudder Page 2 Resolution 2010-920 Board Meeting of November 16, 2010 purchase consists of the Town purchasing fee title to 31 ± acres, of which 29+ acres are subject to a Development Rights Easement and 2± acres, including the existing farmhouse and accessory structures, designated as the Reserve Area, remain with development rights intact; and, be it further RESOLVED that the second purchase is funded by the approved Farmland Preservation Bond (Bond Resolution 2007-715) at a purchase price determined by the difference between the total purchase price and the total development rights easement purchase price, with such purchase price estimated at $822,500 (eight hundred twenty-two thousand five hundred dollars) plus applicable acquisition costs; and, be it further RESOLVED that said acquisition is consistent with the approved Farmland Preservation Bond and is being accomplished pursuant to and in conformance with the Farmland Preservation Bond Policy adopted by the Town Board on November 4, 2010; and, be it further RESOLVED that the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: Christopher Talbot, Councilman AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell Updated: 11/16/2010 3:39 PM by Lynda Rudder Page 3 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by A~plicant or Project Sponsor) 3. PROJECT LOCATION: 4. PRECISE LOCATION (Street address and road n ersections, prominent landmarks, etc., or provide map) ~--'TC~~- f>lc, Io~o -5'{ - 7 - 2__~, I PROP SED ACTION IS: 5. ~ New [] Expansion [] Modifioation/alteration 6, DESCRIBE PROJECT BRIEFLY: 7. AMOUNT OF ~Np~FFECTED: Initia~ ~ I ~ a~s 8. VVILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? DYes [] No If No, describe bdefly 9. V~-IAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~l~esidential ~] Industrial [--]Commercial ~griculture ~arkJForest/Open Spaoe ~] O[her 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL. STATE.OR ~CAL)? Yes L~-~o If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [~No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes J~rNo I CERTIFY THAT THE INFORMATION PROVrDED ABOVE IS TRUE TO THE BEST OF MY KNOWI_EDGE / Applicant/sponsor name: ~ O Oe~,~t.~.~ TO~J"~ Date: [//,/t 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 =ART II - IMPACT ASSESSMENT (To be completed by Lead Agency) DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR. PART 617.4? if yes, coordinate the review process and use the FULL FAF. [~Yes [~No B. V~LLA~TI~NRECE~VE~RDINATEDREV~EWASPR~V~DEDF~RUNL~STEDACT~NS~N6NYcRR~PART617~6? IfNo, anegaflve decla~arion may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answem may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic paifem, solid waste production or disposal, pote~for erosion, drainage or flooding problems? Explain bderiy: C2. Aesthetic, agdcultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellrish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity o! use of land or other natural resources? Explain bderiy: C5. Gro ~, subsequent development, or related activities likely to be induced by the proposed action? Explain brieriy: C6. Lo~t~, short ten~, cumulative, or other effects not identified in C1-C57 Explain bdefly: C7, Other. ir~pacts (including changes in use of either quanrity 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 III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, impodant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of cccurdng; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have heen identified and adequately addressed. I[ question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental charactedstice of the CEA. ] checkth~sb~xify~uhave~dent[ried~ne~rm~rep~tentiaity~arge~rsigni~cantadvemeimpactswhichMAY~ccur~ ThenpmceeddirectlytolheFULl. EAF and/or prepare a positive dedarafion. ~' Check this box f you have determined, based on the information and analysis above a nd any supporting documentation, that the proposed action WILl. NOT result in any significant adverse environmental impacts AND provide, on affachments as necessaP/, the reasons supporting this determination Name of Lead Agency P~"t O~ Typ~7~O~ ~e~spo~~,~~~Officer in Lead Agency Sl~of Respons~le Offi~r in L~ad Agen~ Date Signarure~of Pre[Sarer (If differen~cfz~n responsible officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: MarkTerry, Principal Planner ~ LWRP Coordinator Date: November 16, 2010 Re: Purchase of a development rights easement of Estate of Julia Conway Location: 4395 Horton Lane, Southold, New York. SCTM# 1000-54.-7-21.1 The proposed acquisition is for a development rights easement on 31+ acre parcel of property, including an existing farmhouse and accessory structures The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator C L O S I N G S T A T E M E N T CLOSING STATEMENT JOSEPH A. CONWAY and ROBERT J. CONWAY, as Trustees of the Testamentary Trust of the ESTATE OF JOSEPH M. CONWAY, and JOSEPH A. CONWAY, individually and as Co-Executor and ROBERTJ. CONWAY, as Co-Executor of the Last Will and Testament of JULIA D. CONWAY to TOWN OF SOUTHOLD Fee Title Property Purchase Total Parcel Acreage - 30.8297 acres Reserved Area - 80,000 square feet Development Rights Easement Area - 28.9932 acres Premises: 4395 Horton Lane, Southold SCTM #1000-54.-7-21.4 Closing took place on Wednesday, August 3, 2011 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 808,449.50 disbursed as follows using bond funds: Payable to Estate of Julia D. Conway $ (8/2/20111 ) Payable to Joseph M. Conway Testamentary Trust $ {8/2/2011 ) Payable to Enviroscience Consultants, Inc. $ 7,700.00 (8/2/2011 ) Payable to Paul A. Caminiti, Esq. $ 8,169.50 (8/2/2011) 396,290.00+ 396,290.00++ Expenses of Closing: 2010/2011 Property Tax Reimbursement Payable to Estate of Julia D. Conway $ (8/2/2011) Payable to Joseph M. Conway Testamentary Trust $ {8/2/2011 ) +combined in check #110935 1,085.15+ 1,085.15++ ++combinedin check #119061 Survey Payable to Peconic Surveyors, P.C. $ 211512011) Home Inspection Payable to Condon Engineering, P.C. $ 8/10/2010) Termite Inspection Payable to North Shore Exterminating $ 12/14/2010) Environmental Report (Phase I ESA) Payable to Cashin Technical Services, Inc. $ 11412011) Environmental Report (Phase II ESA) Payable to Cashin Technical Services, Inc. $ #110104.5/24/2011 ) Title Report Payable to Fidelity National Title Insurance Co. $ 8/2/2011) Title insurance policy $ 3186 Recording easement $ 370 Certificate of Occupancy search $ 70 Title Closer Attendance Fee Payable to Patricia Fallon $ (8/2/2011) *represents 31% of total invoice charged to approved Bond 573.50* 1,500.00 325.00 395.25* 1,829.00' 3,626.00 100.00 Adjustments made at Closing: Existing Sod Farm Lease rental 28 days owed to Town of Southold Fuel Oil Reimbursement to Seller Seller paid to Town of Southold (8/3/2011) $ 466.00 $ 486.00 $ 280.00 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Joseph A. Conway Christine Conway Thomas Conway Robert Conway Paul Caminiti, Esq. Patricia Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Seller (Co-Executor) Seller (daughter-in-law) Seller (son) Seller (Co-Executor) Attorney for Seller Title Company Closer Land Preservation Coordinator Land Preservation Sr Administrative Asst Invoice ENVIROSCIENCE CONSULTANT$~ INC. 2150 SMITHTOWN AVENUE-SUITE 3 rONkONkOma, New YORk 11779 PH 631 -580-3191 FAX 631 -580-3195 Date Invoice No. 07/21/11 16155 WWW.ENVIROH EALT H .ORG BillTo Joseph Conway 4395 Ho~on Lane Southold, NY 11971 P.O. Number Terms Rep Due on receipt GSM Item Code Description Quantity Price Amount Each 578 Perform soil remediation, including collection and analysis ol 1 7700.00 7,700.00 two samples for waste chacterization, vactor unit, two endpoint samples, and waste transportation and disposal, along with results review and report. Job #7304 4395 Horton Ave., South(~ld We appreciate your prompt payment, total $7,700.00 Payments $0.00 Balance Due $7,700.00 PECONIC SURVEYORS, P.C. 1230 TRAVELER STREET P.O. BOX 909 SOUTHOLD, NY 11971 Invoice Date I Invoice # 1/31/2011 I 18 Bill To Town of Southold Department of Land Preservation P.O. Box 1179 Southold, NY 11971 Atto: Melanie Doroski Quantity 1 Conway Estate Survey Description Cashin Te ahnioal ierviaes Ino. i ~ 1~00 Veterans Memorial Hwy, HauPpauge. NY. 11788 [] ~ 631,348.7600 phone / 631.348.7601 tax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 Southold, NY 11971-0959 December 13, 2010 Project No: CATS.028 Invoice No: 99 Phase I Environmental Site Assessment for property located at 4395 Horton Lane, Southold, NY 11971 Professional Services from October 30. 2010 to December 13, 2010 Fee Total this Invoice 1,275.00 $1,275.00 -- · ~ 1200 V~odal Hwy. Hauppauge .NY.11788 631.348.7600 phone ! 631.348.760! fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 Southold, NY 11971-0959 May 11,2011 Project No: 0CATS.028 invoice No: 107 Phase II Environmental Site Assessment for property located at 4395 Horton Lane, Southold, NY 11971 Professional Services from January 01,2011 to May 11,2011 Fee 5,900.00 Total this Invoice $5,900.00  Condon Engineering, P.C. New York State Licensed Professional Engineers t755 Sigsbee Road Mattituck, New York 11952 condonengineedng.com 631-298-1986 Fax 63t -298-2651 July 27, 2010 INVOICE Ms. Melanie Domski Sr. Administration Assistant Department of Land Preservation Town of Southold P.O. Box 1179 Southold, New York 11971-0959 Date July 23, 2010 En~lineerin~l Service Building Inspection - 4395 Horton's Lane Southold, New York Cha~es $1,500.00 Kindly remit to: John Condon, P.E. 1755 Sigsbee Road Mattltuck, New York 11952 North Shore Exterminating .0. Box 1220 ;Aquebogue, NY 11931 631-727-9700 or 631-765-6565 Invoice DATE I INVOICE I 1/22/2010 11420 BILL TO Land Preservation Dept POBOX 1179 Southold,NY 11971 SHIP TO 4395 Horton Lane Southold,NY 11971 QTY ITEM Service call DESCRIPTION 11/22J10 TERMITE INSPECTION PER P O #22179 ; I HAVE ENCLOSED ALL THE COPIES OF YOUR PAPER WORK ALONG WITH THE TERMITE INSPECTION REPORT PLEASE CALL WITH ANY QUESTIONS AND THANK YOU FOR YOUR BUSINESS CRAIG ROSENBERG PRICE EACH 325.00 TERMS AMOUNT 325.00 CONWAY ESTATE to TOWN OF SOUTHOLD Fee title purchase Sod Farm Lease 28 days owed to Town 466.00 Fuel Oil Adjustment Rounded ~ 186.00 Balance owed to Town: Paid by Check # To be deposited to H5 $ 280.00 ProperCredftPleaseDetach~p~onAndReturnWIth~yment 7/26/11 1875 NATURAL HEATIN 50.1 GAL@3.6290 N Y SALES TAX 181.81 4.55 < TOTAL AMOUNT > 186.36 JULIA CONWAY/4395 HORTON LANE//SOUTHO DELIVERED TO: MS, PLEASE REMIT TO: Burt's Reliable PO Box 696 C;nuthnl4. NY 11q71 BURT )S RELIABLE We'll Take Cam of It.~ HEATING · AIR CONDITIONING o PLUMBING Natural Heating OilTM · BioDiesel · Kerosene · Diesel Tel: (631) 765-3767 · Fax: (631) 765-1744 · www. burts, corn R E C O R D E D D E E D SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Number of Pages: 5 Receipt Number : 11-0091902 TRANSFER TAX NUMBER: 11-01184 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 054.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $808,449.50 08/16/2011 04:01:59 PM D00012668 569 Lot: 021.007 Received the Following Fees For Above Instrument Exempt Page/Filing $25.00 NO Handling COE $5.00 NO NYS SRCHG EA-CTY $5.00 NO EA-STATE TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-01184 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL $20.00 $15.00 $125.00 $0.00 $50.00 $0.00 $250.00 Exempt NO NO NO NO NO NO JUDITH A. PASCALE County Clerk, Suffolk County SEP 16 20!1 I I Number of pages This document wii! be public record, Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Page / Filing Fee Handling ~0. 00 TP-584 Notation EA-52 17 (County) Sub Total EA-$217 (State) v~,~ ~ Comm. of Ed. 5. 00 Affidavit Certified Copy NYS Surcharge 15. O0 SubTotal Other Grand Total Q~ 4 I Dist. 10( Real Property Tax Service Agency Verification 11017208 xooo 05400 ovoo 021006 ~) 1000 05400 0700 021007 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ~ O, ~o~ //7~ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY www.s uffolkcou ntyny.gov/cler k RECOROED 2011 Rug 16 04:01:59 PM JgDITH g, PASORLE r:LERK nF Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total SpecJAssit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwellin9 only. YES orNO If NO, see appropriate tax clause on page # __ of this instrum~/nt. 5 Community Preservation F6nd Consideration Amount $ ~0~ CPF Tax Due Vacant Land TD TD TD 7~ Title Companylnformation 11901 Co. Name Fidelity National Title lO-7404-80567-SUFF Suffolk County Recording & Endorsement Page This page forms part of the attached by: '~.~Ph I~ Coa~c~w'~ ~oscph A. Conwa% Es~te ofJulb D. Conway and ]os¢pb M. Con.ay Tcstamenta~ Trust TO Town of Southold Executor's Deed made (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. In theTOWN of $outho]d In the VILLAGE or HAMLET of Southold BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (overl Standard NYBTU Form 8005- Executor's Deed - Uniform Acknowledgement CONSULT YOUR LAWYER BEFORE SIGN1NG THIS INSTRUMENT - THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE, made the ,D~g~ day of August, 2011 BETWEEN JOSEPH A. CONWAY, residing at 6005 Horton's Lane, Southold, New York, 11971; and ROBERT J. CONWAY, residing at 1157 Savannah Lakes Drive, Parrish, Florida, 34219 as co-Executors of the Last Will and Testament of Julia D. Conway, who died a resident of Suffolk County, State of New Yor. k, on July 28, 2009, Suffolk County Surrogate's Court Probate File No. 2009- 1337, as to an undivided one-half (1/2) interest; and JOSEPH A. CONWAY, residing at 6005 Horton's Lane, Southold, New York, 11971; and ROBERT J. CONWAY, residing at 1157 Savannah Lakes Drive, Parrish, Florida, 34219 as co-Trustees of the Testamentary Trust of the Estate of Joseph M. Conway who died a resident of Suffolk County on March 12, 2000, Suffolk County Surrogate's Court Probate File No. 743 P 2000, as to an undivided one-half (1/2) interest; and JOSEPH A. CONWAY, individually, residing at 6005 Horton's Lane, Southold, NY, 11971 >arty of the first part, and I'OWN OF SOUTHOLD, with offices at 53095 Route 25, P.O. Box 1179, Southold, NY, 11971 party of the second part, WITNESSETH, that the party of the first part, by virtue of the power and authority given in and by said last will and testament and in consideration of EIGHT HUNDRED EIGHT THOUSAND FOUR HUNDRED FORTY NINE AND 50/100THS ($808,449.50) dollars, paid by the party of the second part, does hereby grm~t and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being SEE SCHEDULE 'A' ANNEXED HERETO BEING AND INTENDED TO BE part of the same premises conveyed to Joseph M. Comvay and Julia D. Conway as tenants in common, both now deceased, by deed dated May 16, 1997 which deed has been recorded in the Office of the Clerk of the County of Suffolk in Liber 11836 at page 825. It is intended that the conveyance of title by this deed by the grantors herein to the grantee shall not be intended to create a merger between the fee title and the grant of development rights easement created herewith by separate instrument entered into between the parties dated August 3, 2011 which easement is to be recorded simultaneously herewith. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and i roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances, and also all the estate which the said decedent had at the time of the decedent's death in said premises, and also the estate therein, which the party of the first part has or has power to convey or dispose of, whether individual, or otherwise; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises, have been incumbered in any way whatever, except as aforesaid. AND THE party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement, and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. N PRESENCE OF: I~OBt~R~. CON~W~AY ~ STATE OF NEW YORK:COUNTY OF SUFFOLK ss: On the ,~_~0 day of /~6c. zST' ,2011, before me, the undersigned, personally appeared JOSEPH A. CONWAY, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the )erson upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01FA4950146 Qualified in Suffolk County Commission Expires April 24, o~-~ STATE OF NEW YORK:COUNTY OF SUFFOLK ss: On the .~g-J) day of ,/~4gtsq' ,2011, before me, the undersigned, personally appeared ROBERT J. CONWAY, personally known to me or proved to me on the basis of satisfactory evidence to be the individtial whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L. FALLON Notary Public, State O~ New Yore No. 01FA4950146 Qualified In Suffolk County ~, Commission Expires April 24, o~/,.. FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. F10-7404-80567SUFF SCHEDULE A-1 (Description) AMENDED 06/15/11 OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; 1) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. &. C. Conway to the point or place of beginning; RUNNING THENCE the following two courses and distances along land now or formerly ofT. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: 1) South 40 degrees 28 minutes 30 seconds East, 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 527.03 feet to land now or formerly of Abbatiello; THENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West, 917.39 feet to land now or formerly of Damianos; TIIENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. TIlE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which by law constitute real property. FOR CONVEYANCING ONL Y: Together with all the right, title and interest of the parO, of the first part, of in and to the land lying in the street in front of and adjoining said premises SCHEDULE/t-] fDescriplionj T I T L E P 0 L I C Y Fidelity National Title Insurance Company Policy Number: 27-031-06-33- 54749 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) WITH NEW YORK COVERAGE ENDORSEMENT APPENDED Issued by Fidelity National Title Insurance Company Any notice of claim and any other-notice or statement in writing required to be given to the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California corpora- tion (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the Insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or deliv- ered; (iv) failqre to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired, or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complele 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 im- provements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental 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 FORM 27 031 06 33 (6/08) ALTA Owner's Policy (6 17 06) w/New York coverage Endorsement Appended if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the 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 body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidanc.e in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien crediton 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks t through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title Insurance Company  By: ATTEST FORM 27-031-06-33 (6/08) Secretary ALTA Owner's Policy (6 17-06) w/New York coverage Endorsement Appended 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no jothder or consolidation with claims or controversies of other persons A 'trable matters may include, but are not limited to, any controversy or claim between mpany and the Insured arising out of or relating to this policy, any service iu iltion with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2.000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the pariies. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; PQLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall bc construed as a whole. (b) Any claim of loss or damage that arises out of the status of the T~tle or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Sched- ule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the en- dorsement expressly states, it does not (i) modify any of the terms and pro- visions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law. the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and eflZct. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and detemfined the premium charged therefor in reliance upon the law aftZctthg interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located, Therefore. the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to deternfine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither ease shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Company Attn: Claims Depariment RO. Box 45023 Jacksonville, Florida 32232-5023 FORM 27-031-06-33 (6/08) ALTA Owner's Policy (6 17-06) wfNew York coverage Endorselnent Appended OFidelity National Title Insurance Company Policy No.: 27-031-06-33-54749 Title No.: F10-7404-80567SU FF Amount of Insurance: $808,449.50 1. Name of Insured: Town of Southold SCHEDULE A Date of Policy: August 3, 2011 at 9:00 AM The estate or interest in the land which is covered by this policy is: Fee Simple Title to the estate or interest in the land is vested in: Town of Southold Deed made by Joseph A. Conway and Robert J. Conway as Co-Executors of the Last Will and Testament of Julia D. Conway to an undivided 1/2 interest and Joseph A. Conway and Robert J. Conway, as Co-trustees of the Testamentary Trust of the Estate of Joseph M. Conway, as to an undivided 1/2 ioterest and Joseph A. Conway, individually dated August 3,201 I, recorded August 16, 2011 in Liber 12668 page 570. The land referred to in this policy is described as follows: See Schedule A-I (Description), following. Schedule A Owner's Polic5 Page I Rcv (02/04) OFidelity National Title Insurance Company Policy No: 27-031-06-33-54749 Title No.: FI0-7404-80567SUFF SCHEDULE A-I Description AMENDED 06/15/11 OVERALL DESCRIPTION ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Snffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the iatersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; I ) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly ofT. &. C. Conway to tile point or place of beginuiug; RUNNING THENCE tile following two courses and distances along land now or formerly ofT. & C. Conway: I) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; TItENCE the following 3 courses and distances along the southwesterly side of Horton Lane: I) South 40 degrees 28 minutes 30 seconds East, 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 527.03 feet to land now or formerly of Abbatiello; TIIENCE along land now or formerly of Abbatiello South 48 degrees 29 minutes 30 seconds West, 917.39 feet to land now or formerly of Damianos; THENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 ininutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; ]'HENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. DEVELOPMENT RIGHTS EASEMENT AREA ALL that certaia plot, piece or parcel of laud, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Schedule A-I (Description) Owner's Polic3 Page 2 Rev (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-54749 Title No.: FI0-7404-80567SUFF SCHEDULE A-I Continued BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the iutersection of the southeasterly side of Jenniogs Road with the southwesterly side of Horton Lane; 1 ) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes II0 seconds West, 205.00 feet along the northerly line of land now or formerly of T. &. C. Couway to the point or place of beginning; RUNNING THENCE the following two courses and distances along land now or formerly ofT. & C. Conway: 1 ) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Hortou Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: I) South 40 degrees 28 minutes 30 seconds East, 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet; THENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet; THENCE South 37 degrees 13 minutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello; THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to land now or formerly of Damianos; THENCE the following three courses and distances along land now or formerly of Dmnianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 miuutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. FOR INFORMATION ONLY - "Reserved Area" ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suflblk and State of New York, being bounded and described as follows: BEGINNING at a point on the sonthwesterly side of Horton Laue where the same is intersected by the northerly line of laad now or formerly of Abbatiello; RUNN lNG THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 193,77 feet; THENCE North 37 degrees 13 minutes 18 seconds West, 414.01 feet; THENCE No~th 48 degrees 29 minutes 30 seconds East, 193.77 feet to the southwesterly side of Itorton Lane; Schedule A-I (l)cscription) Owner's Policy Pagc 3 Rcv (02/04) FIDELITY NATIONAL TITLE INSURANCE COMPANY Policy No.: 27-031-06-33-54749 Title No.: F10-7404-80567SUFF SCHEDULE A-1 Continued THENCE along the southwesterly side of ttorton Lane South 37 degrees 13 minutes 18 seconds East, 414.01 feet to the point or place of BEGINNING. Schedule A-I (Description) Ox~ner's Policy Page 4 Re~ (02/04) OFidelity National Title Insurance Company Policy Number: 27-031-06-33-54749 Title No.: F I0-7404-80567SUFF SCHEDULE B - PART I Exceptions from Coverage This policy does not insure aga. inst loss or damage (and the Colnpany will not pay costs, attorney's fees or expenses) which arise by reason of: Survey made by Peconic Surveyors, P.C. dated 08/01/01 and last dated 06/03/11 shows part of premises as farm field and part of premises improved with a 2 story frame house; frame garage; 2 frame barns; 3 frame buildings. Fences vary with part of westerly and part of southerly record lines. Schedule [:l Owner's Polic~, Page 5 Rev (02/04) OFidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) I. The following is added as a Covered Risk: "I 1. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may herealker 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 charges or sewer rents imposed by governmental authority and created or attaching between Dale 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 part of the policy. Except as it expressly states, it does not (i) ~nodify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Fidelity National Title Insurance Company STANDARD Ni~' YORK ENDORSEMEN I' (I I/I/08) FOR USE WlI'H ALIA I,OAN POLICY (6-17-06) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reaso~ of: 1. (a) Any law, ordinance, permit, or govermnental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws~ ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided unde Covered Risk 5. (b) Any governmental police powen This Exclusion l(b) does not modify or limit the coverage provided under Covered Risk 6. 2 Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3 Defects. liens, encumbrances, adverse claims, or other matters : (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the CompanI by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage ~o tffe Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedul (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recordin of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be creased or decreased by endorsement to this policy, increased by Section 8(b). or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as dis- tinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin: (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an thsured under a deed delivered without payment of actual valuable consideration conveying the Title (I) if the stock, shares~ memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or"Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by ]aw constitute real properly. Thc term "Land" does not include any prop erty beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or walerways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instru ment, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and withoul Knowledge. With respect to FORM 74 031-06-33 Covered Risk 5(d), "Public Records" shall also include environmental pre tection liens filed in the records of the clerk of the United States Distrk Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter th~ would permit a prospective purchaser or lessee of the Title or lender on th Title to be released from the obligation to purchase, lease, or lend if there a contractual condition requiring the delivery of marketable title, 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor c an Insured, but only so long as the Insured retains an estate or interest in the Land, c holds an obligation secured by a purchase money Mortgage given by a purchaser fror the Insured, or only so long as the Insured shall have liability by reason of warrantie in any transfer or conveyance of the Title. This policy shall not continue in force i favor of any purchaser from the lnsured of either (i) an estate or interest in the Land, ¢ (ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any litigatio as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to a Insured hereunder of any claim of title or interest that is adverse to the Tide, as insure~ and that might cause loss or damage for which the Company may be liable by virtue c this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If th Company is prejudiced by the failure of the Insured Claimant to provide prompt notic~ the Company's liability to the insured Claimant under the policy shall be reduced t the extent of the prejudice, 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, th Company may, at its option, require as a condition of payment that the Insured Claimm furnish a signed proof of loss. The proof of loss must describe the defect, lie~ encumbrance, or other matter insured against by this policy that constitutes the basis loss or damage and shall state, to the extent possible, the basis of calculating the amora of the loss or damage. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained i Section 7 of these Conditions, the Company, at its own cost and witho~ unreasonable delay, shall provide for the defense of an Insured in litigatia in which any third party asserts a claim covered by this policy adverse t the insured. This obligation is linfited to only those stated causes of actic alleging matters insured against by this policy. The Company shall have ti right to select counsel of its choice (subject to the right of the Insured I object for reasonable cause) to represent the Insured as to those stated caust of action It shall not be liable for and will not pay the fees of any oth~ counsel. The Company will not pay any fees, costs, or expenses incurr¢ by the Insured in the defense of those causes of action that allege matte ALTA Owner's Policy (6 17-06) w/New York coverage Endorsement Append~ not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cosL to institute and prosecute any action or proceeding or to do any other act that in its opinion may be ne(es sary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, in its sole discretion, to appeal any adverse judgment or order. DUTY OF INSURED CLAIMANT TO COOPERATE Ia) In all cases where this policy permits or. requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose Whenever requested by the Corn puny, the Insured, at the Company's expense, shall give the Company all reasonable aid Ii) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or eriE(ting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Com pany is prejudiced by the failure of the Insured to furnish the required coop- eration, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or con- tinue any litigation, with regard to the matter or matters requiring such co- operation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of dre Company and to produce for examination, inspection, and copying, at such reason- able times and places as may be designated by the authorized representative of the Company, ali records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports, e mails, disks. tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any au thorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of thc Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the insured Claimant provided to the Corn puny pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company. it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permis- sion to secure reasonably necessary information from third parties as re- quired in this subsection, unless prohibited by law or governmental regula lion, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, lbe Company shall have the following addi tional options: Ia) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the In sured Claimant that were authorized by the Company up to the time of pay- ment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obliga- tions of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any Ii ability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant (il To pay or otherwise settle with other parties for or in the name of an lnsured Claimanl any claim insured against under this policy. In addi tmn, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant dial were authorized by the Com- pany up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or dam age provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were autho rized by tbe Company up to the time ol payment and that the Col puny is obligated to pay. Upon the exercise by the Company of either of the options provided for subsections (b)(i) or (ii), the Company's obligations to the Insured un( this policy for the claimed loss or damage, other than the payments requir to be nlade, shall terminate, including any liability or obligation to defe~ prosecute, or continue any litigation. 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or dama sustained or incurred by the insured Claimam who has suffered loss or damage reason of matters insured against by this policy. Ia) The extent of liability of the Company for loss or damage under this poti shall not exceed the lesser of Ii) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the vel of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and unsuccessful in establishing the Title, as insured, Ii) the Amount of Insurance shall be increased by 10%. and (ii) the Insured Claimant shall have the right to have the loss or damn determined either as of the date the claim was made by the Insur Claimant or as oftbe date it is settled and paid. (c) In addition to the extent of liability under Ia) and (b), the Company will al pay those costs, attorneys' fees, and expenses incurred in accordance w~ Sections 5 and 7 of th~se Conditions. LIMITATION OF LIABILITY Ia) If the Company establishes the Title, or removes the alleged defect, lien, encumbrance, or cures the lack of a right of access to or from the Land, cures the claim of Unmarketable Title, all as insured, in a reasonably dilige manner by any method, including litigation and the completion of a appeals, it shall have fully performed its obligations with respect to ti matter and shall not be liable for any loss or damage caused to the Insure (b) In the event of any litigation, including litigation by the Company or w: the Company's consent, the Company shall have no liability for loss or da~ age until there has been a final determination by a court of competent jut diction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liab ity voluntarily assumed by the Insured in settling any claim or suit with( the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF ! ABILITY All payments under this policy~ except paynrents made for costs, attorneys' fe~ and expenses, shall reduce the Amount of Insurance by the amount of the payment 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pa under any policy insuring a Mortgage to which exception is taken in Schedule B or which the Insured has agreed, assumed, or taken subject, or which is executed by Insured after Date of Policy and which is a charge or lien on the Title. and the amol so paid shall be deemed a payment to the Insured under this policy 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed accordance with these Conditions, the payment shall be made within 30 days. 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Ia) Whenever the Company shall have settled and paid a claim under this poli~ it shall be subrogated and entitled to the rights of the Insured Claimant the Title and all other rights and remedies in respect to the claim that t Insured Claimant has against any person or property, to the exlent of t amount of any loss, costs, attorneys' fees. and expenses paid by the Compel If requested by the Company. the Insured Claimant shall execute docume~ to evidence the transfer to the Company of these rights and remedies T Insured Claimant shall permit the Company to sue, compromise, or settle the name of the insured Claimant and to use the name of the Insured Claim~ in any transaction or litigation involving these rights and remedies If a payment on account of a claim does not fully cover Ibe loss of I Insured Claimant, the Company shall defer the exercise of its right In reco~ until after the Insured Claimant shah have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured indemnities, guaranties, other policies of insurance, or bone notwithstanding any terms or conditions contained in those instruments ti address subrogation rights. FORM 7~031 06 33 ALTA Owner's Policy (6-17-06) w/New York coverage Endorsement Append FIDELITY NATIONAL TITLE INSURANCE COMPANY TM Fidelity National Title Insurance Company P.O. Box 45023 Jacksonville, Florida 32232-5023 S 0 D L E A S E LEASE This LEASE, made the ] [~--kda¥ of August, 2011, between, the Town of Southold, 54375 State Route 25, Southold, New York 11971 (hereinafter called the "Lessor'~, and Bfiarcliff Sod, Inc., 43635 Route 25, Peconic, New York (hereinafter called the "Lessee'~. WITNESSETH: The Lessor h6reby leases to the Lessee _+29 acres of certain real property located in the County of Suffolk, State of New York, further identified as part of S.C.T.M. # 1000-54.-?-21.4, and located at 4395 Horton Lane, Southold, New York, as described on Schedule A, and hereinafter referred to as the "Premises"; The Premises consist of relatively fiat terrain and an irrigation well and piping; The Premises are to be used and occupied for the growing and harvesting of sod and cover crop, in accordance with State and County agricultural district parameters and for no other purpose. The term of this Lease shall commence on August 3, 2011 and terminate February 29, 2012 unless otherwise extended or earlier terminated pursuant to the further provisions of this Lease. Lessee shall not use the Premises or any part thereof for any purpose other than the purpose stated above or in violation of any law or 'ordinance. The Lessee will pay to the Lessor for the use of the Premises a rent of $500.00 per month. This Lease shall be subject to the following conditions: FIRST: Lessee shall maintain, at its s01e cost and expense, the irrigation well and piping on the Premises. SECOND: Prior to the termination of this Lease, Lessee shall harvest the existing sod crop and therealter shall plant a suitable cover crop. THIRD: At Lessee's sole option, this Lease may be extended beyond February 29, 2012, to continue on a month-to-month basis. In such event, Lessor may terminate the Lease upon 30 days' written notice. FOURTH: If Lessee wishes to plant a new sod crop in 2012, Lessee shall provide Lessor with at least 60 days' pdor written notice. Upon receipt of such notice, Lessor may, at its sole option, terminate this lease prior to the expiration of its term and upon 30 days' wdtten notice. FIFTH: Lessee covenants that working, storage, digging or packaging material or equipment shall only be left about the Premises on a temporary basis in accordance with normal agricultural practices. In no event is dumping permitted on the Premises or adjoining property. SIXTH: The failure of Lessor to insist upon a strict performance of any of the terms, conditions and covenants herein shall not be deemed a waiver of any rights or remedies that the Lessor may have and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions and covenants herein contained. SEVENTH: Lessee shall indemnify the Lessor against and save Lessor harmless from any and all claims, demands and lawsuits or judgments arising out of the use of the Premises during the term of this Lease. Lessee agrees to carry and maintain at his own cost and expense throughout the entire term of this Lease a policy or policies of insurance in which the Lessor shall be named as an insured, insuring against death or injury to persons and damage to property in an amount not less than $2,000,000.00 combined single limit for both bodily injury and property damage liability type claims. Prior to taking possession of the demised Premises, Lessee shall deliver to Lessor a certificate of the insurance company issuing such insurance, evidencing such coverage. EIGHTH: In the event Lessee defaults in performing or observing any of the covenants or conditions of this Lease and does not cure such default after thirty (30) days written notice thereof by Lessor, Lessor may, at Lessors option, terminate and ~' cancel this Lease, re-enter the Premises and dispossess the Lessee'er any other occupant of the Premises and remove their effects and take possession of the Premises and hold the same as if this Lease had not been made, and the Lessor shall not be precluded from any other remedy in law or in equity. NINTH: Lessee shall not make any additions or improvements to the Premises, including but not limited to wells and irrigation piping, without the prior written consent of Lessor. Upon the termination of this Lease, the Premises shall be returned to its original condition and any improvements made by Lessee pursuant to this Lease shall be removed from the Premises by Lessee at its sole cost and expense, unless otherwise agreed by the parties. TENTH: Lessee shall at the expiration, or sooner termination, of the term of this Lease, yield up the Premises in good condition and order to the Lessor. ELEVENTH: Lessee may not assign this Lease nor sublet any portion ,of the Premises. TWELFTH: Lessee must, at Lessee's cost, promptly comply with all laws, orders, rules and directions of all governmental authorities, insurance carriers, or Board of Fire Underwriters, or similar group. THIRTEENTH: If Lessee fails to correct a default after notice from Lessor, Lessor may correct it for Lessee at Lessee's expense. The sum Lessee must repay to Lessor will be additional rent payable to Lessor within fifteen days after written demand. FOURTEENTH: If any provision of this Lease is invalid or unenforceable as against any person or under certain c rcumstances, the remainder of this Lease and the applicability of such provision to other persons or circumstances shall not be affected thereby. Each provision of this Lease, except as otherwise herein provided, shall be valid and enforceable to the fullest extent permitted by law. FIFTEENTH: Any bill, statement or notice must be in writing and delivered or mailed to the Lessee at the address shown on the first page of this lease and to the Lessor at the address shown on the first page of this lease. It will be considered delivered 3 business days after mailing, or if not mailed, when left at the proper address. Any notice must be sent by certified mail and return receipt requested. Lessor and Lessee must send written notice to the other party if their respective address changes for purposes of notices under this Lease. Notices to Lessor shall also be sent to Melissa Spiro, Land Preservation Coordinator, Department of Land Preservation, Town of Southold, 54375 State Route 25, P.O. Box 1179, Southold, New York 11971. SIXTEENTH: This Lease can be changed only by an agreement in writing by the parties to the Lease. SEVENTEENTH: The Lessee covenants to pay reasonable attorney's fees and other legal expenses made necessary by the breach of any covenant or term of this Lease, or any default in the performance of any act or duty agreed to be performed. This covenant shall survive the termination and/or expiration or the lease term. signed EIGHTEENTH: Each party represents to the other no broker brought about the signing of this agreement. NINETEENTH: The parties acknowledge that the Premises will be offered for sale by Lessor. Nothing herein shall prohibit Lessor from entering the Premises to show same to prospective buyers, and Lessee shall cooperate with Lessor to make the Premises available to prospective buyers and their agents. BY: BY: J3_.RIARCLIFF SOD, IN~. Donald ~jJcenski, President MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631 ) 765-571 ! Facsimile (631 ) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 15, 2011 Donald J. Wilcenski, President Briarcliff Sod, Inc. 43635 Route 25 P.O. Box 180 Peconic, NY 11958 Re: Sod Lease ~ Conway Farm, Southold Dear Mr. Wilcenski: Enclosed, please find your copy of the fully executed sod lease, dated August 11,2011, between Briarcliff Sod, Inc. and the Town of Southold on property formerly known as the Conway Farm Iocated on Horton Lane in Southold. .Sincerely, Melanie D 16ragki Sr. Administrative Assistant enc. cc: Southold Town Clerk w/ original sod lease Southold Town Attorney w/ sod lease copy ASSIGNMENT OF LEASE AGREEMENT KNOW THAT Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 individually and as Co-Executor of the ESTATE OF JULIA D. CONWAY, and Robert ]. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Executor of the ESTATE OF JULIA D. CONWAY, as to 50% interest, and Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 and Robert ]. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Trustees of the Testamentary'Trust of Joseph M. Conway, as to 50% interest (collectively, the "Assignor") in consideration of TEN ($10.00) DOLLARS paid by the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 ("Assignee"), and for other good and valuable consideration, hereby assigns unto the Assignee, its successors and assigns, a certain Lease Agreement Made Between Julia Conway & Briarcliff Sod, Inc. ("Briarcliff") dated August 6, 2007 (the "Lease'S, for premises known as 4395 HortOn's Lane, Southold, New York, together with the use of the irrigation well and piping. TO HAVE AND TO HOLD, the same unto the Assignee, its successors and assigns, from the 3rd day of August, 2011, subject to the rents, terms, covenants, provisions and conditions contained therein. IN W~-NESS WHEREOF, the Assignor has caused this instrument to be executed on the date set forth. Dated: August ,._~ , 2011 ESTATE OF JULIA D. CONWAY, Assignor ~)seph A. Conway, Co-Executor Ro'b~ rt ].~onwa~, Conway,/~dividually BY: BY: TESTAMENTARY TRUST OF .10~Fq~H M. CONWAY, Assignor Jose~h~A. 'Conway, Co-T/ustee dobert ]. eonw~,-CeWn:r~e State of New York Oountyof,~d~of ), ss: On the ~ day of ,z~ . in the year 2011 before me, the undersigned, personally appeared Joseph A. Conway personally known to me or proved to me on the basis of sat/sfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the w/thin instrument and acknowledged to me that be/she/they executed the same in his/her/their capacity (/es), and that by h/s/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 State of New York ) PATRICIA L. FALl.ON Notary Public, State Of New York County of,,.~J~g~ ), ss: No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, On this J4~day of /~. in the year 2011 before me, the undersigned, persena//y appeared Robert J. Conway personally known to me or proved to me on the basis of sat/sfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/sbe/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 beba/f of which the individual(s) acted, executed the instrument. Notary Public PATFIIOIA L. FALLON Notary Public, State Of New Yori( No. 01 FA4950146 Qualified In Suffo!k County -- Commission Expires April 24, 2 P R O P E R T Y R E C O R D S ESTATE OF CONWAY to TOWN OF $OUTHOLD Fee Title Property Acquisition SCTNI #1000-54.-7-21 ~4 Total Parcel Acreage - 30.8297 acres Reserved Area - 80,000 square feet Development Rights Easement - 28.9932 acres Premises: 4395 Horton Lane, Southold, New York Closing held on Wednesday, August 3, 2011 at 10:00 a.m., Southold Town Hall Annex Sitting: Robert Conway, Thomas Conway A, MELISSA A. SPIRO LAND PRESERVA I'[ON COORDINATOR mclissa.spiro~a~town.southold.ny.us Telephone (631 ) 765-5711 Facsimile (631 ) 765-6640 DEPARTMENT OF LAND PRESERVAIION TOWN OF SOUTHOLD OFFICE LOCATION: Town I lall Annex 54375 Stme Route 25 (corner of Main Rd & Youngs Ave) Southold. Nex~ York MAILING ADDRESS: P.O. Box I 179 Southold, NY 11971-0959 To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Managers Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: August 3, 2011 Re: CONWAY ESTATE to TOWN OF SOUTHOLD SCTM #1000 -$4.-7-21.4 Please be advised that the Town has acquired fee title on the agricultural property listed below, If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 4395 Ho~on Lane SCTM #: 1000-54.-7-21.4 PROPERTY OWNER: Estate of Joseph M. Conroy, Estate of Julia D. Conway, and Joseph A. Conway, individually and as co-executor CONTACT DATE: November 18, 2010 PURCHASE DATE: August3,2011 PURCHASE PRICE: $ 808,449.50 per contract TOTAL PARCEL ACREAGE: 30.8297 acres ZONING: A-C FUNDING: $4 million Farmland Bond MISCELLANEOUS: Parcel was purchased by the Town subject to a 28.9932 acre development rights easement that was also acquired by the Town at a simultaneous closing. The parcel includes an 80,000 square foot Reserve Area in which the two-story residential dwelling, two-car garage, two barns, and two small storage shed are located. See purchased development rights ("PDR") closing memo dated August 3, 2011 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR mclissa.spiro @town.southold.ny.us Telephone (63 l ) 765-5711 Facsimile (63 l) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD August 4, 2011 George R. Sullivan, Receiver of Taxes Town of Southold 53095 Route 25 P.O. Box 1409 Southold, NY 11971-0499 Re: Notice of New Owner SCTM #1000-54.-7-21.4 Dear George: Please be advised that the Town of Southold acquired the property identified as SCTM #1000- 54.-7-21.4 located at 4395 Horton Lane in Southold by deed dated August 3, 2011. The Town purchased the property from the Estates of Joseph M. Conway and Julia D. Conway, et al. The parcel consists of 30.8297 acres and was recently issued this new tax map number by the County after a recently approved lot line change which reduced the size of the original parcel formerly known as SCTM #1000-54.-7-21.1. Since the Town also simultaneously at the same closing, stripped the development rights from a large portion of this parcel, it is likely that the County will assign new tax map numbers to both the Easement Area and Reserve Area established upon the recording these transactions. All future real property tax bills on this parcel should be forwarded directly to the Town of Southold Accounting Department for payment at 53095 Route 25, P.O. Box 1179, Southold, NY 11971-0959. Thank you. Very truly yours, Melissa Spiro Land Preservation Coordinator cc: Southold Town Assessors Town Comptroller '~' ~lle View Toolb~ '- - ' ' 473885 Soulholcl Active R?S:I School: Southol~ 54.-7-21 G Town of Southold RollYear: ~ Curt Y~ 1 Famiy Res LendAV 1.400 4395 Hmton Ln 5and Size; 1.83 ac[e~ TotaIAV: 5.300 owner Toa'l Site Tota: 1 Town of Southoid P c Ndme. P . - PO Bo~ 1179 S~hl ~ffer ~,: 5.300 AnoF~ 08 ~o~: Page SaeOae Sa~P SW01~:~ ;Sohd Waste ! .00 ~00 File V~e,,w ToolL,et Help fa;wh Of Southold Roi Yea j~l~ Cml Yf Land ~ ghts LandAV: 3.600 Hodon Ln : Land Size: 29.00 acres To~alAV: 3.800 O'~nei : Total: I Site ~otal~ Nam~ ~ ToWnol Soulhold Ppels: lbhdCd: Se~e* Ware[ IJ Ibe*: Add Addr Land dght~ 0 Ci~ ~ :S~h~od. NY ZiP: 11011- C~OMt~: 3,Go0 ~ook; 12GG8 Type ~F Deph Muni 3~600 ~age: 569 ~1~~''~ ' T~ta:~ ,> Bu dn~ -, ¢ ' Toa O : ~,~ ~'~ ~ Type Flame Cg~ , Un~* Put type 4ore Tax FD D2~< $outhoJd FD .00 _00 O0 '020 ~a~te ware O0 O0 O0 ::': :: NY 005 - Bargain and Sale Deed v 0veaant against Orantor's Acts Individual or Corporatio gle Sheet) (NYBTU 8002) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSIRUMENT - THIS INSTRUMENT SHOULD BE USED DY LAWYERS ONLY THIS INDENTURE, made the day o f/~(z~, in the year BETWEEN party of the first pan, and ~( ~c~ ~> party of the second part, WITNESSETH, that the par~ oftbe first part, in consideration ofTen Dollars and other valuable consideration paid by the patty of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns oftbe patty of the second part forever, ALLthatcertainp~°t~piece9rparce~fland~withth¢bui~dingsandimpr~vementsthere~nere~ted~simnte~ in a d TOGETHER with all right, title and interest, if any, of the par~ of the first part of, in and to any streets and roads abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second pm forever. AND the party of the first part covenants that the par~ &the first part has not done or suffered anything whereby the said premises have been incumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it mad "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 'N " S NCEO , o>- I _,co'(~ ~z. ~.~_~r~ ( State of New YorL Coun~ of Onthe day of~in ~e year before me, ~c ~de~igned, p~onally appe~ed~ ~onally kno~ to me or proved tu me on the b~is of satisfa~o~ evidence to be the individual~ whose name~ is (~) subscribed to the within insmment ~d ac~owI~g~ to me ~at he~ executed the same ~ his~-~*he~r capaciw(~, ~d that by his/her/t~alr signa~re(~ on the ins~ent, ~e individual~, or the person upon behalf~h insolent. before me, ~e undersized, p~son~ly appe~ed am ~monally acquainted, who, berg by me duly sworn, did depose and say that he/shc/~ey ~side(s) a~, thereo~; ~at hdshd~ey ~ow(s) to be the individ~ descfib~ hi~er/thek nme(s) ~ a wimess ~ereto. USEACKNOWLEDGMENTFORMBELOWI4qTHINNEWYORKSTATEONLY: State of New York, nty of } ss,: J nthe ~2fore me, clay of in the year the undersigned, personally appeared , 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 fasmanem and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ACKNOIVLEDGMENTFORM FORUSEOIITSIDENEW~/ORKSTATEONLY: {Out of State or Foreign General Acknowledgment Certtficate} ........................ } SS.: (Complete Venue w th State, C~r~,~rovl~e~o'r ~v~ffn[C~l~aiff~f ....... On the day of in the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis o~ satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that be/she/they executed the same in his/her/their capacity(les), 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. BARGAIN & SALE DEED TO NATIONAL TITLE I OINSURANCE COMPANY RECORDED AT REQUEST OF Fidelity National Title Insurance Company FIDELITY TIONAL TITLE INSURANCE C,..,VIPANY SCHEDULE A DESCRIPTION OF PREMISES Title No. AL-42047 ALL that certain plot piece or parcel of land, situate, lying and being at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane distant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane: 1) Southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly of T. & C. Conway to the point or place of beginning; RUNNING THENCE the following two courses and distances along the land now or formedy of T. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East 214.88 feet; 2) North 47 degree~ 34 minutes 00 seconds East 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: 1) South 40 degrees 28 minutes 30 seconds East 93.05 feet; 2) South 42 degrees 20 minutes 00 seconds East 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East 527.03 feet to land now or formerly of Abbatiello; THENCE along land now or formedy of Abbatiello South 48 degrees 29 minutes 30 seconds West 917.39 feet to land now or formerly of Damianos; THENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West 309.81 feet to land now or formerly of Joseph Cenway; THENCE along land now or formerly of Joseph Conway, North 47 degree,s 34 minutes 00 seconds East, 557,93 feet to the point or place of BEGINNING. R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe of Instrument: EASEMENT Number of Pages: 28 Receipt N,,mher : 11-0091902 TRANSFER TAX NUMBER: 11-01185 District: 1000 Amount: Recorded: At: LIBER: PAGE: Section: Block: 054.00 07.00 EXAMINED AND CHARGED AS FOLLOWS $1,812,075.00 Received the Following Fees For Above Instrument Exempt Page/Filing $140.00 NO Handling COE $5.00 NO NYS SRCHG TP-584 $5.00 NO Notation Cert. Copies $0.00 NO RPT Transfer tax $0.00 NO Comm. Pres Fees Paid TRANSFER TAX NUMBER: 11-01185 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL DEP]i OF LAND PR~ESFRVATI.(]N JUDITH A. PASCALE County Clerk, Suffolk County 08/16/2011 04:01:59 PM D00012668 570 Lot: 021.007 Exempt $20.00 NO $15.00 NO $0.00 NO $30.00 NO $0.00 NO $215.00 Number of pages This document will be public record. P~ease remove all Social Security Numbers prior to recordin9. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Page / Filing Fee Handling TP584 Notation EA-52 17 (County) EA-5217 (State) R.RTS.A. Comm. of Ed. Affidavit Certified Copy NYS Surcharge Other 4 I Dist'/gOO Real Property Tax Service Agency Verification Sub Total 5. 00 15. ~ Sub Total ~ -- Grand Total _(~ / ,.~ ~/_h ~72~0 ~ooo o~oo o~oo o~oo~ RECORDED JUDITH fl, PaSCALE CLERK OF SUFFOLK COUNTY L D00012668 P 570 DT# 11-01185 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. Dual Town Dual County Held for Appointment. Transfer Tax ~t~, eO'~ ~'~ ManSion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES __ or NO If NO, see appropriate tax clause on page # of this instrument. ~ - t Community Preservatio~ Fdhd Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: ~O.2~ox l/7ff ~'~ur~o~, /~' //77/ Mail to: Judith A. Pascale, Suffolk County Clerk CToi[Name Title Company information 310 Oenter Drive, Riverhead, NY 11901 ,C/~4~r/V~ ~o~/.q~_ ~z2~ www. suffolkcountyny, gov/¢lerk Title # ,~'/e~ ~744~6t:~ o°~o~ 7-,C40:~' Suffolk County Recording & Endorsement Page ?- .c~4~Th~sp~,ef°rr~spa~°.f~the,a,ttached 4~qA/T-O~' ~6w/~w~o,o/r/~c2~-'~'c~,qT'--r ~.q~r~aT- madeby: p 'ses herein is situated in SUFFOLK COUNTY, NEW YORK. In the TOWN of In the VILLAGE or HAMLET of TO Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TI) BOXES 6 THRU g MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT is made on the ¥~,t,~. day of August, 2011 at Southold, New York. The parties are Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 individually and as Co-Executor of the ESTATE OF JULIA D. CONWAY, and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Executor of the ESTATE OF JULIA D. CONWAY, as to 50% interest, and Joseph A. Conway, 6005 Horton Lane, Southold, New York 11971 and Robert J. Conway, 11527 Savannah Lakes Drive, Parrish, Florida 34219 as Co-Trustees of the Testamentary Trust of Joseph M. Conway, as to 50% interest (herein collectively called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000~54-7-21.4 (formerly known as SCTM #1000-54-7-21.1) more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Peconic Surveyors, P.C., dated August 1, 2001 and last revised June 3, 2011 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Property is part of the New York State Agricultural District #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 sod production; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE M}'LLION EIGHT HUNDRED TWELVE THOUSAND SEVENTY-FIVE AND 00/100 DOLLARS ($1,812,075.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. 2 The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic and agricultural values of the Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Property. This instrument is intended to convey a Development Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic and agricultural values by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §:~70(h) of the Internal Revenue Code ("IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Property's natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey dated August 1, 2001, last revised 3une 3, 2011 prepared by Peconic Surveyors, P.C., a Phase I Environmental Site Assessment dated December 13, 2010 by Cashin Technical Services, ]~nc., a Phase II Subsurface Soils Investigation dated May 11, 20:L1 by Cashin Technical Services, Inc.; correspondence dated July 27, 2011 from Greg IHenegio of Enviroscience Consultants, Inc. to 3oseph Conway regarding soil remediation performed at the Property, and an aerial photograph dated 2004. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of th'e limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, 4 rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as said Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in {}301(2)(a)-(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage, . "Riding Academy" shall mean a business use of a lot for. any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration; Non-Merqer This Easement, which easement shall not merge with the fee but shall remain as a good and valid easement, separate and apart from any other interest of the Grantee, and is to remain and continue as an existing and enforceable easement, shall be a burden upon and run with the Property in perpetuity. 1.04 Effect. This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantor" and/or "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for ONE MILLION EIGHT HUNDRED TWELVE THOUSAND SEVENTY-FIVE AND 00/100 DOLLARS ($1,812,075.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and other applicable provisions of the Town Code and Sections 1,02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, 6 surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed or constructed on the Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law {}{}265, 276 or 277 or {}335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. Such subdivision may not defect nor derogate from the purpose of this Easement or other applicable law. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Siqns The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: {a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. The Property may not be used for the creation or placement of utilities to service any other properties. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Nunicipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now, or as said §30:~(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 Natural Resources Conservation Service ("NRCS"). 3.09 Drainaqe The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and in order to control flooding or soil erosion on the Property. 3.10 Development Riqhts The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for the commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscapinq Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the Property, and to mow the Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of 10 crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Harkets Law, now, or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor may offer "U-Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Existing irrigation well; New Construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (v) Notwithstanding anything to the contrary contained in this Easement, lot coverage shall be limited to twenty (20) percent. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, and that the provisions hereof shall not affect Grantee's rights hereunder or the validity of this Easement. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of t3 any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 5.04 Grounds Maintenance Requirement If Grantor leaves the Property open and follow and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement an NRCS Plan (the "Plan") approved by the Land Preservation Committee. Grantor shall provide Grantee reasonable opportunity to initiate agricultural production or prepare the Property for agricultural production. Following the failure by the Grantee to reasonably comply after the completion of one growing season, Grantee shall have the right to enter the Property and restore, prepare and maintain the Property for future commercial agricultural use in order to protect the environmental, natural, scenic and agricultural values of the Property and to insure the Property remains viable for agricultural production. In the event Grantor fails to comply with the provisions of this section after the completion of one growing season, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section, 6.03.' ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem 14 necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Riqhts of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within ten (10) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or To enforce any term provision, covenant or obligation in this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called "Legal Expenses") in connection with any proceedings under this Section, as approved by the Court. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within ten (10) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinquishment of Easement/Condemnation At the mutual request of Grantor and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by the Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby, in accordance with Section 7.11 herein. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandinq This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 7.03 Alienation ]? No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a "qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in lg this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The ]9 Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, as reflected in an appraisal obtained by Grantee dated November 18, 2009 and updated November 23, 2009. The Proportionate Share is 66.6%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: ESTheTE OF JULIA D. CONWAY, Grantor o~p~ . Conway, Co-Executor Robert ti. Conway, Co-Executor ]~l'seph A. Conway, Indiv~ually TESTAMENTARY TRUST OF JOSEPH M. CONWAY, Grantor 3(d'seph A. Conway, C~:'-Trustee '~o6ert ~. Conw-'~y, ObT~rustee ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee S~tt A. Rus~ell:-~ervisor 2O State of New York ) County of ~r-~ ), ss: On the J~ day of ~f.Z~ in the year 2011 before me, the undersigned, personally appeared 2oseph A. Conway, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capadty (les), 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 PATR1C1A L. FALLON Notary Public, State Of New No. 01FA4950146 STATE OF NEW YORK ) Qualified n Suffolk County COUNTY OF SUFFOLK ) SS: Commission Expires Apr I 24, ~.~/~ On this .~J~.day of /~G. in the year 2011 before me, the undersigned, personally appeared Robert .1. Conway personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), 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 g FALLON Notary Public, State Of NewYork No. 01 FA4950146 STATE OF NEW YORK ) Qualified In Suffolk County COUNTY OF SUFFOLK ) SS: Commission Expires April 24, On this.~day of ,~/~G, in the year 2011 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), 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. FALLON Notary Public, State Of NewYork No. 01FA4950146 Quati~ ed n Suffolk CourffY Commission Expires Apt 24, ~ 2! FIDELITY NATIONAL TITLE INSURANCE COMPANY TITLE NO. F10-7404-80567SUFF SCHEDULE A-I (Description) (Continued) DEVELOPMENT RIGHTS EASEMENT AREA ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, Town of Southold, Courtly of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a point on the southwesterly side of Horton Lane dislant the following 3 courses and distances from the intersection of the southeasterly side of Jennings Road with the southwesterly side of Horton Lane; 1) southeasterly 568 feet; 2) South 40 degrees 28 minutes 30 seconds East, 195.29 feet; 3) South 47 degrees 34 minutes 00 seconds West, 205.00 feet along the northerly line of land now or formerly ofT. &. C. Conway to the point or place of beginning; RUNNING THENCE the following two courses and distances along land now or formerly ofT. & C. Conway: 1) South 42 degrees 26 minutes 00 seconds East, 214.88 feet; 2) North 47 degrees 34 minutes 00 seconds East, 197.66 feet to the southwesterly side of Horton Lane; THENCE the following 3 courses and distances along the southwesterly side of Horton Lane: 40 degrees 28 minutes 30 seconds East, 93.05 feet; 42 degrees 20 minutes 00 seconds East, 799.75 feet; 3) South 37 degrees 13 minutes 18 seconds East, 113.02 feet; THENCE South 48 degrees 29 minutes 30 seconds West, 193.77 feet; THENCE South 37 degrees 13 minutes 18 seconds East, 414.01 feet to land now or formerly of Abbatiello; THENCE along the land now or formerly of Abbatiello, South 48 degrees 29 minutes 30 seconds West, 723.62 feet to land now or formerly of Damianos; TItENCE the following three courses and distances along land now or formerly of Damianos: 1) North 35 degrees 02 minutes 20 seconds West, 870.14 feet; 2) North 34 degrees 18 minutes 50 seconds West, 451.87 feet; 3) North 35 degrees 19 minutes 50 seconds West, 309.81 feet to land now or formerly of Joseph Conway; THENCE along land now or formerly of Joseph Conway, North 47 degrees 34 minutes 00 seconds East, 557.93 feet to the point or place of BEGINNING. ~E, POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which oy law constitute real property. FOR CON VE YANCING ONI, Y: Together with all the right, title and interest of the part of thefirst part, of in and lo the land lying in the street in front of and adjoining saidpremises. SCItEDULE A- I (Description) SURVEY FOR THE T~'WN"'OF SOUTHOLD A T SO UTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. ~000-54-07-2~ SCALE: A~UST 1, KEY NAP $CAL£~ 1'=600' ;ENNIN~S HD. AREA-'30.8297 ACRES CENT/c/SD TO: TOWN OF SOU~-IOLD AREA AREA~80, O00~ ?0.8297 ACRES C E R T I F I C A T E O F O C C U P A N C Y FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No: Z- 35014 Date: 06/22/11 THIS CERTIFIES that the building DWELLING AND ACCESSORIES Location of Property 4395 HORTON LA SOUTHOLD (HOUSE NO.) (STREET) (HAMLET) County T~ ~ap No. 473889 Section 054 Block 0007 Lot 021~001 Subdivision Filed Map No. Lot NO. conforms substantially to the Requirements for a ONE FAMILY DWELLING built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF f~C~JP~%NC~f ~ Z- 35014 dated gTJNE 22, 2011 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH WRAP AROUND PORCH AMD ENCLOSED PORCH AND 4 ACCY SHEDS, 2 ACCY B~d~NS, ACCY 2 CAR GARAGE AND 1 OTHER ACCY.* The certificate is issued to JULIA CONWAY ESTATE (OWNER) of the aforesaid building. ELEt~RICAL Um~TIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. N/A N/A N/A hor~d S~nature Rev. 1/81 BUILDING DEPARTMENT TOWN C~ SOUTHOLD HOUSING CODE INSPECTION REPORT SOUTHOLD MAP NO.: LOT (S) JULIA CONWAY ESTATE 2.0 ~ El(ITS: 4 CSA~L SPACE: 1/3 OTHER: 3 BEDROOMS ON SECOND FLOOR, 1 KITCHEN, LrNF. BASEMENT ACCESSORY STRUCTI~ES: C~/~E, T"KPE OF CONST.: 2 CAR WOOD FP~RME S~R, T~E CONST.: 4 SHEDS, 2 BJ~RNS VIOk~TIONS: CHAPTER 45 N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE LOCATION DESCRIPTION ART. SEC. 2 0 1 1 S I T E V I S I T CONWAY ESTATE 4395 Horton Lane Southold, NY Site Visit: August 1, 2011 Those present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Sr. Administrative Assistant Eric Keil, Land Preservation Committee Member James McMahon, Director of Public Works Russell (Rusty) Ackroyd, Dept of Public Works Joseph Conway, Seller A site inspection was scheduled for 10:00 a.m. on Monday morning, August 1, 2011, for the purpose ora final inspection of the buildings upon the property on which the Town will be purchasing from the Conway Estate on Wednesday, August 3, 2011. Rusty and Jim inspected the basement and found everything to be in order. Requirements had been met: electrical panel circuit breakers labeled; cracked caste iron waste line repaired; steel column had been reinforced in concrete. Rusty inspected the attic and found nothing to report. Furnace was fired up and found to be in working order. No propane gas hooked up at this time in order to test range. Refrigerator/freezer in working order. All sinks, tub, shower, toilets had running water. Window glass was inspected and no broken or cracked window panes were found. Residential home is empty and in good repair. All barns and out-buildings were inspected and found to be empty and in good repair, except for a small shed, roughly 6'x8' located alongside the middle barn that is in a dilapidated condition. Irrigation well operational at time of inspection for the sod farm. Portable pump brought to the property for the irrigation system had a slight oil leak. CONWAY ESTATE FARM SCTM #1000~54.-7-21.4 4395 Horton Lane, Southold, New York August 1, 2011 Easterly side entrances view of [esidential farmhouse. Front entrance view of residential farmhouse. Back side of residential farmhouse, Northerly side view of back side entrance to residential farmhouse, Mud room with laundry hook-up inside back side entranceway. First floor powder room off kitchen, Kitchen. Sun room off kitchen area with cellar entryway in floor. Living area w th s de easter y side entranceway, Front room living area. Dining room off kitchen with built-in cabinet. Dining area with entranceways leading to basement and hallway to 2~d floor. Stairway to 2~d floor. Carbon monoxide detector installed in upper hallway ceiling. (2011) Smoke detector installed in upper hallway outside bedrooms. (2011) Front bedroom, Midd!e bedroQm on southerly side. Middle bedroom on northerly side. 2nd floor full bathroom on northerly side connecting north middle & back bedrooms. Back bedroom with doorway leading to attic. Poured concrete footing under steel column supporting the beam that supports floor joists below kitchen area installed as recommended. Underground fuel oil storage tank properly abandoned following all NYSDEC and SCHD recommendations, New fu~l oi! storage tank installed in basement in November 20:10. (20:1:1) Circuit Breaker Electrical Panel BQX labeled. (20:L~) Heating unit cleaned and serviced. (2011) Outhouse shed located just outside northerly side entrance to farmhouse. Two car garage located behind residential farmhouse. Wood,Framed Barn. Dilapidated shed located next to barn. Storage Barn with workshQp area. View inside storage barn. View inside storage barn. Duke inside former workshop located inside storage barn. Northerly view of Storage Barn. Front and easterly view of storage barn. View from Horton Lane of garage, barn & storage barn. Southerl ~ view of Agricultural Storage & Equipment Buildings, Eastedy view of Agricultural Storage & Equipment Storage Buildings. Irrigation Pump, Irrigation Pump. View of farm facing southwesterly, View of farm from Horton Lane, facing northwesterly. A E R I A L S y~: ~OOB Site~ Oonvm? ?r°l°~rL?' ~95 Hot,on ~ne. ~ou~hold, ~le~v 1o~< S U R V E Y SURVEY FOR THE TOWN OF SOUTHOLD A T SO UTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 7000-54-07-21. SCALE: 1 "--- ! 00' AUGUST 1, ;-'-~01 JUNE 30. 20~0 (5~IRVE)' OF 10~0-54-07-21.2 ~ REt, fSION) AUGUST 3, 2010 (ADDINON) SEPT~MBc'~ ?5, 20?0 OCTOBER 29, 2010 (Gc"~ELOPMENT ~IGHTE EA$£MENT) EUNE 3, 2011 (R£~ISIONS) FINAL SURVEY KEY FlAP SCALEi 1 '=600' ~<> N/O/? j~PH cONWAY , · W 80500 '~' S 47'34 88 N 47 N/o/F T, & C,COh~,v'AY ZO~,~,~ ~iSTRICT RESERVED ARF-.A SO, 9.!.7.3~7 ' N/o/F ABBATIELLO AREA=30.8297 ACRES CERTIFIED TO: TOWN OF SOUTHOLD FIDELITY NATIONAL TITLE INSURANCE COMPANY (631) 765 - ~0 FAX ¢631,~ 765-.t797