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HomeMy WebLinkAboutBaxter (Downs Farm Preserve) �as�FFO4�o y z 1000-116-1-3.3 0 Downs Farm Preserve Baseline Documentation Premises: 23800 NYS Route 25 Cutchogue, New York 51.0 acres Open Space Acquisition WILLIAM J. BAXTER, JR., individually and as Co-Executor of the Estate of William J. Baxter and NORTH FORK BANK & TRUST CO. as Co-Executor of the Estate of William J. Baxter to TOWN OF SOUTHOLD Deed dated June 30, 1997 Recorded July 8, 1997 Suffolk County Clerk - Liber 11839, Page 600 SCTM #: 1000-116-1-3.3 (f/k/a part of 1000-116-1-3) Premises: 23800 NYS Route 25 Hamlet: Cutchogue Purchase Price: $191989500.00 ($23,500/acre) Funding: Open Space Bond ($900,000) and Capital Fund ($298,500) Grant Reimbursement: NYS Office of Parks & Recreation ($180,000) CPF Project Plan: No (pre-exists CPF) Total Parcel Acreage: 51.0 acres (includes 8.5106 acre Interpretive Center Area, 19.5292 acre Access Area, 22.9602 acre Fort Area) Zoned: A/C Existing Improvements: In 1997 - one-story frame house with earth driveway, frame garage, frame house, frame building, frame barn, woods, historic "fort site", Downs Creek frontage • T i A X M A P L O � C A T I O N • 0 v \\1Vd 114.38 27.00 $ 132 N i �• '� a g' - Ic) t 2AIq 3-OI 43.1A 7 IEF PECONIC I'NO TRUST.INC .21-00 8 q+ !,9 1]AIC) a R 272 22-10 a (rowNGf soumae 4 a yM1 /,y 53 q 54' 1oµc1� a cEVEtawE]n Rx»Rsl i a` ,'. 0 . 14421 c s � I m S.SA(C) - P.1 v a a_ 0 R' � "Eh• 5 N ml 14b 1 w cb A00 3 81 p� w n3A(c) o NZ 13.1 '(3 tB•' 2 83 62A a a ,yp1 e. gyp. 2i0 99.8A .4 e• l 2.tA(q O >n a O 6 261PE 13AIc) z5 127 14 •�yD' m 2e 27 25 35 _ 12 • 34 % 1.1A(.)A 13A 1 ' �J 101 53 DWI 10 22a n § 243 n 9 i 229 TZA - " 14 10 ° • 211 e wo0[ 14A 14 20 Y n n N•24z m1a(4 a 230 14.11 R-1 a 212 1.1AP. wl CA $ y 225 2 m ma 9 n 231 {` 72A(c) 1421 0.7 n 213 14A P 14121 1MI.) 364A(C) jpA ti 1. c2 O' 224 m NG PEcoNic ? x LB 2.32 _ YANDOMUV 214 155 - m ao 9 on 14.13?0 1.22 pGWNOFSO07H0 Ic) oEVEIOPxErvr NlcNisl .a. 236 \\a ty mi 2.15 4 cg M 223 10A m 5]A(q O 233• m 6B .j 24 7A(') d '^'Nm3 R n 1.14 GREET a g u 2.16 22z 72 yrs B 1.1A t]Aq 2.34r Y 1.17 71 ss 3 f a 25 I 254 ..1� m 14.15.3 14 a9c6EA 12q / 4 ° t] 40 ui 221 _ 20A c�I a 2N Li \ / � ,m 1fA Y ,m •.m m 1.18 E \� i TT y 4 I J ! 21e g 1 99 19A \lE B9 30A y m Y -" 7A(O 1. PECONIC wND TRUST b�_ a n,l +• o. • 3tla� n 9 NOTE g 206A(q AN OVERLAP CONDITION EXISTS BEN N /1 PARCELS 109L 94&96 AND 15 1 O 10A FOR SEL NO. _ m 1 FOR PCL.NO. SEE SEG NO. FOR PCL.NO. 37 tR 1.tA SEE SEC.NO 11Bp1C 3 SEE SEG NO. �IO W v FOR PCL NO 0 - FOR PCL NO SEE SEC.NO. SEE SEC.NO. 11"x&96 10403009 109Dt000 J 0&12 P. 892199 I w 01JR05 W G MoSmo 049566 m 03240) IBA(c) 1612-00 3.3 l @ 21A0] (d 031&03 510A a y TOWN OF SOUTHOLD / 83 04-0108 69AIq 01'21-05 PECONIC LAND TRUST W-0SO]_ 83JA IeoNSENvnTIGN EhsEMEN�I ` 0322-10 Al d 94 - IGGUN7Y CF SUFIOIN :;j / P 4.JA(C) 1.1 CEVELCIVENi NGMiS) e\ II I TOM OF \\ 4 t2 SOU7NOlD 95 ., � � I °• 7 _ t9 4 1B4n 654(d 14 II FpONnOSSJEwu PECONIC LAND TRUST M' / ._'� \ a2 32ptcf C£YELCFMEM NIGNrs1 IGGusEavnnGN EasEMEm1 4 1 ) ..\ i ,+ .16 " g e r 6 9 \�� ,b IPECAwNC UNo r 26AIN) O.Ii �_. 'I ` _ ay e• 114 K 1m 1] �- � � 8 LCNSERVPTION EISENEN _ T• y g 0 "a 101 Yl. 82 3 A 0 ]n 2 a SUFFO, 4 �, TOWN OP`SOUTHOLD 13 4 n n no ' 5 2A(0 1.1A '9 _I \ / �' a z6A(cl "v S s !-- e A 4 a$ s g 6 B u �£ 14 872.1 a 3sAld )1 ..moi o 31 4 C AVE' 12 18A1d @ 3 £ '^ 9an(cj' .� 91 Wld i, t4 e - u7yc) 10.':11)2 INc) 11A141 13n(c) 15A1c1 2W m. n m 1 3A 4.1 y C�CHOGUE- no •a /2.3AIc) O \ 30A1c)�'S E Fp m fi i � • I a' NEWSUFFOLK - • '3AIc1 y 1 \k i- - PARK DIiTRICT 5 V 8 '9 N34 � 5]A(d ©� Y _ a 5 � J "� •� a w 6 ,� r 1 .m I- TaA 1iAlq q Idj 2A a 1 3 w�' T✓ 1 1.1N 32 r- 3 11A(1 ; M 0�. �\ 'ry'\ •q T• B • \ 12 8 1B NO PECONIC 4 O v J�JTOWN \' u .. 19N .1.S91d 2 90 OFA 5 nueos4 a 11 (c) nl w �sourHOLO i s B a 1e i wC3,D. _""/".e.• �6IA c \ a j_ a ¢13 F.D.29 y v m N SEE SEC N O I3 St •' / 1aP �• a P N � a11A' n 30 WP � m zt 22 8 164 � pawl / 58ac1 ' : /... i _ PcSvfF-D m LLm„ �P/ -. i+ mV COUI _ - O xTEIWCE.N,ElN1WNa.,E PR Real Prc E o... �- I21 1 .. '•°'••'•• - -- �N. -_ on6leuTwxaury w.rwx or rNE eosm E ., d��.. ti---- N �••'r - I.. ____ rxu. __.__ m......--r-- rxeurwarrtxrcroauoxormE alNals raw g/a.MP[rt^r+4 cam•I'<Pa.nn'. Q y r rr �� xallva �mw ,a.rww ,rum ...rlMM4l_-_ P • U B L I C H E A � R I N G • ��gUFFO(�-C 0 JUDITH T.TERRY h�� G'y� Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 y REGISTRAR OF VITAL STATISTICS p • � Southold, New York 11971 MARRIAGE OFFICER y `, Fax (516) 765-1823 RECORDS MANAGEMENT OFFICER �`�� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 13, 1997: RESOLVED that the Town Board of the Town of Southold hereby sets 8:10 P.M. , Tuesday, May 27, 1997, Southold Town Hall, 53095 Main Road, Southold, New York, as time and place for a public hearing on the question • of the acquisition of the open space land of William J . Baxter, Jr. , located on the south side of NYS Route 25, Mattituck, New York. Judith T. Terry Southold Town Clerk May 14, 1997 • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of the Open Space Preservation Law of the Town of Southold, constituting Chapter 59 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 27th day of May, 1997, at 8:10 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the Open Space property of William J. Baxter, Jr., south side NYS Route 25, Cutchogue, New York, consisting of 51+- acres. FURTHER NOTICE IS HEREBY GIVEN that the file containing a more detailed description of the aforementioned parcel is available in the Southold town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: May 13, 1997. JUDITH T. TERRY SOUTHOLD TOWN CLERK PLEASE PUBLISH ON MAY 22, 1997, AND FORWARD ONE (1) AFFIDAVIT OF PUBLICATION TO JUDITH TERRY, TOWN CLERK, TOWN HALL, PO BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney William J. Baxter, Jr. Land Preservation Committee Town Clerk's Bulletin Board PUBLIC HEARING SOUTHOLD TOWN BOARD MAY 27, 1997 8:10 P.M. ON THE ACQUISITION OF THE OPEN SPACE PROPERTY OF WILLIAM J . BAXTER, JR. Present: Supervisor Jean W. Cochran Councilwoman Alice J. Hussie Councilman Joseph L. Townsend, Jr. Councilwoman Ruth D. Oliva Justice Louisa P. Evans Councilman William D. Moore Town Clerk Judith T. Terry Town Attorney Laury L. Dowd • SUPERVISOR COCHRAN: The next hearing is on the question of acquisition by the Town of Southold of the Open Space property of William J . Baxter, Jr. . This will be read by Councilwoman Oliva. COUNCILWOMAN OLIVA: "Notice is hereby given that pursuant to the provisions of the Open Space Preservation Law of the Town of Southold, constituting Chapter 59 of the Southold Town Code, the Town Board of the Town of Southold will hold a public hearing on the 27th day of May, 1997, at 8:10 P.M., at the Southold Town Hall, 53095 Main Road, Southold, New York, on the question of the acquisition by the Town of Southold of the Open Space property of William J. Baxter, Jr.,south side NYS Route 25, Cutchogue, New York, consisting of 51+ acres. Further Notice is hereby given that the file containing a more detailed description of the aforementioned parcel is available in the Southold Town Clerk's Office, Southold Town Hall, 53095 Main Road, Southold, New York, and may be examined by any interested person during normal business hours. Dated: May 13, 1997. Judith T. Terry, Southold Town Clerk." I have an affidavit of publication in The Suffolk Times, and an affidavit of notice put on the Southold Town Clerk's Bulletin Board. 1, also, have a letter from William Peters, Trustee of the Cutchogue-New Suffolk Historical Society. The resolution that they sent out to over 200 organizations requesting approval of the acquisition of this site, and about 50 organizations did reply. That's it. SUPERVISOR COCHRAN: Thank you, Ruth. You have heard the reading in relation to the acquisition of the property known as Fort Corchaug. As • you know, there are many, many steps that have to be taken to bring this to a reality. This is one of the first steps, that this Town must hold a pg 2 - PH • hearing in relation to spending the million dollars that we have had tucked away for almost ten years. In addition to this there is $200,000, which has been a grant from the State. There are many parts and pieces, and we are still working. Hopefully, in the near future we will have a concrete announcement to make. At this time, for the hearing, I would like to invite any of those of you here, that would like speak either for, or against, the acquisition. Please, do so now. Is there anyone that would like to speak in relation to the hearing? Yes, Mr. Caufield? This is Tim Caufield. He is from the Peconic Land Trust, and also, John Halsey is from the Peconic Land Trust, and I guess they are going to share with you some of the breakdown of the land. TIM CAUFIELD: Tim Caufield, Vice President of Peconic Land Trust. Peconic Land Trust is a local land conservation organization, and we have been working with the Baxter family on this acquisition. We spent some time on it. We are making some progress (tape change) It is to protect the property in it's entirety, and so that is the direction we have been working towards, and it looks like we are prepared at this point in time to enter into that contract, but as Jean said, there are a number of pieces that we need to work on together to put overall effort there. What we are looking at is a joint public, private conservation effort, and there are a number of pieces to that effort. There are a lot of good reasons to move forward with the acquisition, but if I could just take a few minutes I would like to talk a little bit about the particular aspects, the particular partners that we need to be involved in the project. If you look at the map you can see that the primary parcel, that we are looking at is the Town parcel, that is • the fifty-one acres referred to in the resolution, and we need to basically, tonight, move through the public hearing, and see if the Town can take a first step towards the overall conservation effort. That is significant because that is where the fort site is located, and it also provides the Town with some public access to the road frontage, so that there is some public access to be used for the area on the Main Road there. The second portion of this overall effort is private conservation, and as Jean mentioned there were letters received from the local historical society, Cutchogue Historical Society, and there may be some members here tonight, who would like to speak toward their involvement, but it is the local Cutchogue Historical Society, and the local Old House Croup have committed significant funds towards the acquisition as well. The third component is the agricultural component, and there is about forty acres of agricultural land associated with the parcel. It is prime agricultural land, and those of you who know the property, know that it is beautiful farmland. It's chat some great scenic vistas, certainly worthy of protection from all prospective. We have started working with Suffolk County, and we had some indication that they are very interested in joining the Town in this effort, and we will continue to work with them, and we look fot nvard to working with their participation as well. The final corrkponer,t of the overall effort involves a private individual, and we have been working with an individual who is interested in purchasing the remainder of the property in it's restrictive form, and that portion of the project encompasses basically the fifteen acre lot of the lower portion of a wooded section, as well as all of the restricted farmland. That purchase would in effect enable us to protect the entire property. Key element to that private conservation • effort is a private easement that, that gentleman would allow the Trust to reserve on that woodland parcel. What he has requested of us is that we pg 3 - PH • have a consistent overall approach to the whole conservation of the archeological artifacts, and whatnot. So, what we are proposing to the Town tonight is two roles for you to play. One is the primary role of acquisition, to acquire the property that is designated for the Town. But, the second equally important role is the conservation easement, that is proposed for the Town to grant to the Peconic Land Trust. That is the step that enables us to double the conservation efforts, that the Town is involved` in, and to protect the rest of the property through private means. We think it's a very efficient use of the significant funds that you are committing to the effort, and a significant part of the overall effort in a conservation easement. I brought with me a draft 6f the easement, that we have been working with the Town Attorney on. I would like to leave a copy with the Board. Basically, we just urge the Town to move forward with the public hearing, and the acquisition. We are here tonight, if there are any other questions we would be happy to answer them. SUPERVISOR COCHRAN: Thank you, Tim. Is there anyone else that would like to address the Board? WILLIAM PETERS: My name is William Peters. I am the Trustee of the Cutchogue-New Suffolk Historical Council. I would just like to affirm the fact that the Cutchogue-New Suffolk Historical Council has passed a resolution since 1989 endeavoring to get the Fort Corchaug property, and we are very happy to see that it may very well come to fruition. 1 had a lot more to say, but Ruth Oliva stole a lot of my thunder. We had written • to, like two hundred organizations throughout Nassau and Suffolk County, and these endorsements have been coming. We are up to 44 right now, endorsing our resolution, and generally the endorsement is unanimous from these organizations. I have a list of these organization, if anyone is interested in them. Thank you. SUPERVISOR COCHRAN: Thank you, Bill. I think we all realize the importance of the preservation, not just for Cutchogue, not just for Southold, but for the entire island, and the State of New York, and anyone else that would like to visit the site. Also, another point, in doing the easements with Peconic Land Trust we have been. . ) don't like to use the word, careful, but we have been concerned, so that our taxpayers will have access to the property, so the easement is divided into three different areas, one which is quite passive, and will be controlled more, and that is the area by the fort, and along the shore front by the fort. The middle area will be less passive. We would like to see trails. We would like to see access to the creek there perhaps, and so forth, but a management and a development plan has not developed at this point, and that is something that we will be looking at in the future, and the seven or eight acres near the front, the front part, will be more active. There is a building on it, and we feel that all of it can be educational, and beneficial to the residents of Southold. Would anyone else like to address the Board? I see a hand over here. Mrs. Wacker? RONNIE WACKER: My name is Ronnie Wacker, and tonight I am • representing the Nassau Point Property Association, which has a strong commitment to the preservation of Southold history. Southold history begins with the people who were living here when the English first arrived in the 1600's, the Corchaug Indians. Astonishingly we have an almost pg 4 - PH . completely undisturbed archeological site, the fort which the Corchaug Indians built, and artifacts that give evidence of habitation, Dr. Solecki says as long ago as 3,500 years. Dr. Solecki is an internationally known archeologist, and incidentally a native of Cutchogue. He can attest to the fact that only five or ten percent of the fort has been excavated. This is really quite remarkable, because throughout the rest of Long Island the forts have been turned into, you know, shopping malls, or Splish-Splash or something like that. There is much to be learned from further exploration of this archeological treasure. We urge the Town Board to appropriate the money needed to preserve it. For myself, I would like to save it. I'm delighted that we have come this far towards acquisition of this entire property. The last ten years that I have been involved in working towards it, it was just a dream, that this is something the Town ought to have, and I am so glad that we are this close, and I hope that the Town Board this time will nail it. Thank you. SUPERVISOR COCHRAN: Is there anyone else that would like to address the Board? Professor Smith? Professor Smith is President of the Southold Indian Museum. PROFESSOR WALTER SMITH: You don't have to say that. Walter Smith, President of the Southold Indian Museum. I would like to say a couple of things. One thing, I think Bill Baxter is the most patient man in the world. I think for almost ten years now we have been meeting with him about this land, and he has been very, very cooperative, and exceptionally • patient. We have gone through our records, and we have seen digs going back to 1910, 1 think it is now, and there has been this general attrition, and recently we have had a lot of hunters in there, and this has been a big problem for anyone worrying about an archeological site, so protection is of paramount importance, so that it can be used in a way that will yield the greatest amount of knowledge with the least damage to the site. This is what we are aiming for by a consortium of the universities and colleges, try to develop plans over a period of years, because the state of the arts changes, and as the state of the art changes, you get more information. We only do a small portion at a time. As your technics improve you will learn more. I will say, I compliment the Board and everyone else. You have done a yeoman's job, and gotten this far, and hope we keep on going. Thank you very much. SUPERVISOR COCHRAN: Thank you, Professor Smith. Anyone else like to address the Board? FRANK O'CONNELL: Frank O'Connell. I am here on behalf of Frank O'Connell. 1, as you know Jean, want to see the Fort Corchaug area preserved. I don't want; to see a house built on the little fort, or anything else, but I stand personally, right now, I don't know what this is all about. I understand, and have read carefully this conservation program, that has been passed out, and I know what it is, and if when it becomes time for it I think it's probably basically all right. But, what I don't know is what the Town will have to pay Mr. Baxter to get title to this total acreage. Secondly, what I don't know, and I don't think the average • person in the community knows, is why we have to take the entire parcel in order to preserve the small fort parcel, which as I understand it the fort itself back in the old days was only about one acre in size, so as far as I pg 5 - PH • can see it I would think that it would make sense to take only enough acreage to include that one acre, and parking area, and other spaces around it, and enough area to get a right of egress. I know you have to have that, obviously. I don't know what you are going to do, frankly, with the other eighty or ninety acres, and don't know what you are going to pay for it. If I know what you are going to pay for it, and I think it's a good idea to buy it, but not knowing what you are going to pay for it, I don't know, and I don't think the average person in the community knows, and I don't think we know the whole story. The other part of the thing I don't think we know is why the Peconic Land Trust has to come into this deal at all, but if it does, what are they contributing to the plan? I would like to see this plan go through. I really would. But, I want to see the town not pay an exorbitant price while preserving that site, because there is another way of doing it. All we have to do to get that site preserved is to exercise the right of imminent domain, and take ten, twelve, fifteen acres, whatever it may be, and then work out the price. If we can't make a deal with Mr. Baxter for the price, that we let the courts decide what it is, but I ask you this question, what are we going to get for our million dollars? Now, it's a major factor, but there is something else here, and I am going to ask you do something. You are now, if I read the documents correctly, asked to establish an easement for property, which we don't own. We don't own that land. Mr. Baxter owns the land, therefore if you want to put an easement in there, willing to grant I mean, the Peconic Land Trust an easement here for land that we don't own, we are selling something we don't even have the right to sell. We don't own it. If we come right straight down to the fact, that I would suggest to you that this hearing be adjourned until such date as we can put out the whole story, and the whole story is known to the public. Thank you. I'm sorry. SUPERVISOR COCHRAN: That is all right. Thank you for your comments, Frank. We will try to answer some of them now, if we may. John? JOHN HALSEY: I just want to try to comment on a few of those points. First of all, Jean pointed out, I think, that this is a process. We are just taking one step tonight, the first step that is a very important step to move us forward, so we can answer those questions, that everyone wants answered. With respect to the grant of an easement, that is a well taken point. You can't grant an easement until you own it. That's why we are asking you tonight to take the first step to acquire the property, so that you can grant an easement. The community has been waiting ten years as someone referenced earlier. All we are asking for tonight is for you to take this first step, so we can move through these next steps, and the Peconic Land Trust is happy to entertain any questions, and anyone that is really interested feel free to give us a call. I would be happy to sit down and talk to anyone to discuss this in much further detail. TOWN ATTORNEY DOWD: Certainly, if I may add, the price that the Town is paying is certainly no secret. We are paying a price of $23,500 acre for over 51 acres of waterfront wooded property, and that will total out to approximately $1,200,000. pg 6 - PH • TIM CAUFIELD: Just one last one, it's important to correct that. The Town is not acquiring the whole property. 1 think we are trying to do this in a very cost efficient manner, and have the Town only purchase the portions that would make sense for the Town to purchase. The remainder of the property we can get protected through private means. Again, that is a savings to all of us, taxpayers, so we think it is a very cost efficient .way to proceed, and we acknowledge your comments, and we are trying to do everything we can to move forward. SUPERVISOR COCHRAN: Thank you, Tim. Anyone else like to address the Board? WALTER COOK: My name is Walter Cook. I live in East Marion, and I have been following for years, you might say, about the Baxter property. It was quite awhile ago that I even found out that there was a fort there. Didn't matter much to me whether there was a fort there or not, to me not it's woodland, farmland, everything else. Suddenly Mr. Baxter says, hey, this used to be a real good place, it's historic. Probably is. 1 don't know. I really don't care if they had Indians there two hundred years ago. What good is it going to do me, or anybody else, if you acquire that property, other than preserve it, that's what you are going to say, to preserve it. It's historic. Historic to who? Mr. Baxter? He's the one that is going to profit by it. No doubt about it. He might say, also, hey, if you don't buy it from me, I'm going to develop it. Well, let him develop • it. We have done this before. We have gone through all this nonsense, and to me, what are you going to do if you acquire it? I heard what these gentlemen said, you know, it's always going to be this and that. It's not going to be anything. It's going to be vacant land. What are you going to do, rebuild the fort, or something? I don't understand that. What are you going to do with it? So, to me you are—it's all taxpayers money. 1 don't care who pays for it, whether the State gives you a grant, it's still taxpayers money, yours and mine, everybody else's. If you can show me that you are going to do something with that property that is going to be beneficial to everybody, fine. Then I am all for it. In the meantime, what I hear about it is nothing. All we are going to do is preserve it. Preserve it for what? Thank you very much. SUPERVISOR COCHRAN: Thank you, sir. Anyone else like to address the Board? Yes, ma'am? RONNIE WACKER: Ronnie Wacker, again, and I would just like to say that we consider this archeological site as a bank in which we will occasionally take out some important facts. We will learn more about the heritage of this area, what happened when the English first arrived and met the Indians, who were here. Now, they were living, according to Dr. Solecki, it wasn't just a fort but the Indians were living along side the fort, because they were no dopes, you know, they like waterfront property, too, and there was a beautiful spring there. They could exist very well . They had clams. They had oysters. This is something that we would be learning about for years to come. This is not preserving • property. That is important in itself, but this is much more important to the history of this town, and we shall learn a lot more about our early history from this. In the early years when we were first talking about pg ? - PH • your approval I envisioned a farm on the agricultural land, where perhaps a farm just as the Indians farmed years ago, or maybe the first Colonists, organically now they say, and this could even be something of some profit to the Town, because we would have tourists come in. They would go through the area of interpretation, and perhaps go through the walkways which are planned. They would learn a good deal about what our heritage is, and we would learn a lot more, too. In addition, they would probably go to the farm, and buy some of the produce that was sold. I see it as a tremendous tourist, and historical point of importance. SUPERVISOR COCHRAN: Thank you. Professor Smith., PROFESSOR WALTER SMITH: Walter Smith. I just heard the gentleman talk about the value or the lack of value preserving land. Many years ago I was a member of the Bi-County Board one of their committees, and one thing we did do was study the economic of development. One thing that is very apparent, that when you build more houses the taxes go up, so by leaving vacant land you do save money, because it cost a lot of money to educate children, and when the land is not being used, or kept in farming, or something else, it does save money, and that can be looked up in Lee Koppleman report of many, many years ago. Thank you. SUPERVISOR COCHRAN: Thank you. Yes, ma'am? LESLIE KRUK: My name is Leslie Kruk, and I am speaking on behalf • of myself, and this is my first time, and I'm nervous, and I want address this gentlemen's remarks. What will this do for us? All it's going to do is take money from the taxpayer, you, me and everyone else, and how much is the Baxters going to get, and blah, blah, blah? Well, I think we will get a lot, if we preserve it. Part of my heritage is Indian, American Indian, and I'm proud of being part Indian, so, not only are we preserving Fort Corchaug, and the history of Southold Town, we are also preserving Indian heritage as well, and we will learn, also, from buying that property, more about the Indians that lived there, if there is more to learn. It doesn't have to be in the same nation of Indians. We go to the Indian Museum. We learn about the different Indians, and 1 guess I feel because I am part Indian that this is very important to me, that we see that we preserve this, and to me it's worth it. I think you are all doing a good job, and I think you have been doing a good job. Mr. Baxter, thank you. I don't know what to say. SUPERVISOR COCHRAN: Is there anyone else would like to address the Board? Yes, Mr. Carlin? FRANK CARLIN: Good evening, ladies and gentlemen. Frank Carlin, Laurel. I don't really understand too much about this project, only what I have been hearing here tonight. I have a couple of questions, probably simple ones. Exactly how much is this going to cost? Can anyone on the Town Board tell me this? • pg 8 - PH • SUPERVISOR COCHRAN: Our cost is $2,200,000, one million that the Town bonded for many years ago, and it's been laying there in Open Land Preservation, that we could acquire, and $200,000 grant from Bernadette Castro through New York State Parks. Part of it is County, part of it is private, part of it is the Historical Society, and the Green People, and so the money for different sections is coming from different directions, Frank. FRANK CARLIN: Is there any money going to this project buying it with Farmland Preservation money? SUPERVISOR COCHRAN: No. FRANK CARLIN: Not nothing, huh? SUPERVISOR COCHRAN: From the Town? No, not Farmland. FRANK CARLIN: Money that you use to buy Farmland Preservation land, that money? COUNCILMAN TOWNSEND: There is a component of the property that is going to be farmland. SUPERVISOR COCHRAN: That's not ours. Ours is the wooded area. The entire farm area is being purchased privately by an environmentalist person. The farmland rights to that farmland is the County's part of the • purchase, and then there is a small part that comes in from the Historical Society and the Green People for the funds that they have contributed. I think I covered it, didn't 1, Tim? TIM CAUFIELD: That's it. SUPERVISOR COCHRAN: You know for many years people said, well, let's save the fort, and it as worked, and you know you counted your blessings. You looked at maybe being able to save the fort area, and then it was felt by many of our people involved in the history of Southold that not only is the fort area valuable to save, but along the shoreline of the creek, because this was a part. .you can say the fart was a square mile, you know a square acre, but the surrounding area also was used as a part of the encampment. Probably in the summertime it is felt they were out of the fort area most of the time along the creek bed, so there is a very strong indication that not only should the fort site be saved but the rest. Now, in addition, you have farmland there. This farmland is a beautiful, beautiful piece of farmland. We are very fortunate that there has been gentleman in town that realizes the value of the farmland, and the preservation of it. This piece, if we weren't involved in all of this, and it was just a piece of farmland sitting out there it would be a piece that probably the committee would propose that the Town purchase, because it is a beautiful piece of farmland. It really is. We did ask Joe Gold that question, as Chairman of our Farmland Development Rights Committee, you know, is this a piece you would buy if the rest of this wasn't here, and they said, yes. . Well, we are getting it preserved by a private individual. This has been successful because it's not only government agencies, and historical agencies, but private individuals, that have all worked together to make pg 9 - PH • this happen. As we began to look at it, and involve these pieces, we found that it would make common sense to preserve the entire piece, not just the fort area. So, we went from there. We looked for the funding. The Peconic Land Trust worked very, very hard in putting this together. As I said earlier, this is first step. I think it's important. What are we saving? We are saving a great deal. We are saving part of our heritage. We are saving something to give future generations. As I said earlier, it's not just for Cutchogue, or Southold. It's for the entire New York State. This is something that should be preserved. We have the responsibility to do this. So, a lot of people have worked hard in putting these pieces together, and I hope I haven't gone astray, and I have answered some of what you have asked. FRANK CARLIN: I have no question that everyone worked hard on it, Madame Supervisor. That's about $23,000 about? SUPERVISOR COCHRAN: Yes, 23.5, 1 think ours comes to. It's wooded land, and it's the water. FRANK CARLIN: Does it come off the tax rolls. SUPERVISOR COCHRAN: Yes, but the money has been there. It was bonded many years ago. We drew on that bond, and it's sitting there. FRANK CARLIN: What I am saying, right now, is there any taxes being • paid on the property now? It's owned by a private owner. When this deal goes through, no more taxes, right? SUPERVISOR COCHRAN: The farmland will still pay taxes. Any piece of property that is purchased, and the Farmland Rights Development Rights are purchased, that remains on the tax roll. Our wooded part would be taken off, because then it's owned by the municipality. FRANK CARLIN: How much would we lose on taxes? Do you have any idea? SUPERVISOR COCHRAN: I saw an assessor here. Scott, would you have any idea? Would you have any idea what the piece that we are looking to acquire would remove from the tax rolls? SCOTT RUSSELL: No, not yet. We are working the portion, actually as we speak. We received a map about a week ago, and we haven't looked at it yet. FRANK CARLIN: Fine. Very good. One or two more things, and I'll sit down. The problem is, ,Madame Supervisor, in my opinion, we got to be careful about this Land 'Preservation. We are getting carried away a little bit with it with all the Farmland Preservation, and all this other preservation here, you know, and depending, I mentioned here awhile ago here, we are depending on tourism. It's very strange in the summer, one day last year I rode through Southold town on a Sunday afternoon right in the middle of the summer, and I didn't see anybody on the street at all, • but when I went to Greenport the place was jumping, so we shouldn't put all our money into depending on tourism. I don't think we get that much tourism out here. You may think we do, but you drive along here on a pg 10 - PH Sunday in the summer in Southold town, and it's a ghost town. Tell me where the tourism is? Let's be honest with ourselves. One more thing, if we are going to worry about preserving land, where there was a fort, forts, or whatever was there, well, then, there was a fort out there in Plum Island during the war. When don't we go preserve that one. Thank you. SUPERVISOR COCHRAN: Thank you, Frank. Is there anyone else that would like to address the Board? DAN MCCONNELLY: My name is Dan McConnelly. I am from East Marion, and I kind of just walked here, and kind of got caught up in this thing. I wasn't going to ask any questions, but I listened to everyone, and I heard that the value of this parcel is what they intend to dig up, the past, and maybe that is a good value, but there is any other way of digging up this parcel, this excavation, other than acquisition? 1 don't know. That's my question. There may be a cheaper way of doing this, of developing an excavation site. That's my question. You don't understand. There are other excavation sites all over the country, all over the world, and I don't think they acquire the property. I have a feeling there are other easements that can be had. Has anyone looked into this? TOWN ATTORNEY DOWD: There are other ways of doing it, however, it's my understanding that they have been considered, and this felt to be the best option. DAN MCCONNELLY: Even though the gentleman said the value is just in the excavation? It's vacant land, and there's nothing there. COUNCILMAN TOWNSEND: This is a hearing, and we are supposed to be doing the listening, and not the talking, but the value of this is clearly more than just the historical value of the fort. It is certainly the most beautiful land in Southold, and the reason that it has considered for, how many years, ten years. The County was originally going to buy it over ten years ago at a cost roughly equivalent to what we are. . well, not per acre what we are buying it for now, is that this is such a great value to all the people in Southold Town. There is a lot of waterfront. It's beautiful pristine woods. The farmland is there forever, if it's preserved. I think Professor Smith pointed out the tax advantages of not developing it. Right, we are losing some assessment, but if this land is developed in traditional fashion the cost tends to be much greater than to service that land with schools, roads, police, tends to be much greater than the revenue you get from taxes. At any rate, the loss is not that great. In terms of our way of life out here, quality of life, 1 think this is invaluable acquisition for the town. One of things that I was going to say at the end, but I happen to go to the Indian Museum last weekend to help my daughter do some research for a project on local Indians. I found out a lot. The name Corchaug means central place. Each of the woodland Indian tribes had a name. There was the Manhasset, and there were the Shinnecocks, and the various other tribes on Long Island, and the ' name Corchaug stood for the central place, and I think that is very appropriate. We are about to purchase the central place assuming this Board makes that decision, and I was very interested to hear that name. As far as our preservation activity, this is the central place. This has pg 11 - PH • been the focal point of our open space program for how many years? At least ten years. I'm very proud to be on the Board while we make this acquisition. DAN MCCONNELLY: So, as I understand it, this is something like a park purpose. COUNCILMAN TOWNSEND: Yes, it will be public use. The more intense use will be up near the road, and but there definitely will be access to the whole property by the public. DAN MCCONNELLY: Thank you. SUPERVISOR COCHRAN: Is there anyone else that would like to address the Board? JAY GARGANI : Mr. Cargani, Southold. Normally I would like to say that I, also, am universally in agreement with Mr. Wickham, sorry, I mean Mr. Townsend, when it comes to philosophical matters. But, you know, Mr. Mandel left this life, and he was certainly a philanthropist for Southold, and many adjacent areas as well. In fact, one specific area I can identify with would be Silversmith's Corner right here by the gazebo, and you know, he wrote an article in The Suffolk Times in which he said, development is not necessarily a dirty word. He said, you know, development you sell more gasoline, true you might not like cars, but we do indeed need them to get about in our daily routine. He, also, said, families • buy furniture, and stores are able to survive. These things are also important, and 1 think that we have to achieve a balance. It's very nice to look back in history, and pay proper homage to it, but I think we also have to go forward in this life, and again, with a careful eye on the balance. What I have noticed here this evening is that there seems to be a sense of urgency about signing this contract, and I would like to use a little bit of warning that I think there are many carpenters used out here who say simply they are wise and careful men, and their attitude is to measure twice and cut once. I think that is what is lacking here. It may sound repetitive from my standpoint here to the audience tonight, but 1 think if we were to have a show of hands here of those people who are directly involved with the Peconic Land Trust for someone to get up here, and give a full and comprehensive definition of exactly what the Peconic Land Trust is about. It seems to me that this meeting has lacked specificity, particular in that regard. I think if more information were given to the people in this audience it would certainly be better equipped, and better able to respond to this situation. JOHN HALSEY: I am John Halsey. I am President of the Peconic Land Trust, and that was a 'very nice safe way for me to perhaps give a little bit of background for those who don't know what the Land Trust is, and what we are all about. I think the gentleman that just spoke pointed out a project that actually was the first one that the Trust was involved in here, and that was Silversmith Corner, one of those win, win situations where the owner of the property divided efforts. We had a lot of community • involvement to create a wonderful setting there. Mr. Mandel was gracious to sell that property to us. We had a private individual, George Wells, who contributed several hundred thousand dollars to the Land Trust. That was pg 12 - PH • a win, win situation. One that in essence we are replicating here with the Baxter property. The fact is that this property was considered for acquisition by the County and the Town for $3,000,000. That was some ten years ago, or eight years ago, and in that scenario that property would have been completely, almost completely removed from the tax rolls. What we have here this evening is a situation where the Town is purchasing just a little bit less than half of the property. The balance of the property will remain (tape change) Now what the Land Trust has done has been sort of -the central piece of bringing all of these various components together, and it's the classic public and private effort. So, we have private enterprise in a sense that is working in conjunction with the town to protect, really, this property in it's entirety. As far as I'm concerned it is in the spirit of Silversmith Corner, which is our first project here, and you know I certainly urge the Board to move forward on this. It's another win, win. SUPERVISOR COCHRAN: Thank you, John. Is there anyone else that would like to address the Board? FRANK CARLIN: 1 want one other shot. The Indians owned the land at one time, didn't they? SUPERVISOR COCHRAN: I would assume, yes. FRANK CARLIN: This land we are talking about. In other words, it has nothing to do with the Indians anymore, right? Too bad, if it was owned • by the Indians you could have bought that land, open a casino there, and we would have made some money. Then the Town would have had something. SUPERVISOR COCHRAN: Thanks, Frank. We could give up taxes. Thank you for that humor, Frank. Mrs. Wacker? RONNIE WACKER: Sorry, I don't usually carry on like this, getting up three times in one meeting. I feel very strongly about this acquisition, and if it is to be made. I would like to know if there is anybody in this audience who would dispute that the Museum of Natural History is of tremendous value to this culture, as is the Smithsonian, as is the Peabody Museum at Harvard, and the Indian Museum right here in town, of course. These are something that add a great deal to our life, to our understanding of our forbearers. One of things that perhaps that not all of us know is that Fort Corchaug has been named on the National Register of the Historic Places in the country. It, also, has been designated as Wildlife Refuge and Fowl Habitat. It's a State designation of a natural area, that is of importance. This creek itself has never been dredged, so environmentally it's very important. Historically it's very important. Thank you. SUPERVISOR COCHRAN: Okay. I'm going to close this down pretty soon. Everybody had their opportunity to speak. This is most important. Mr. O'Connell? • FRANK O'CONNELL: I have two, or three, specific questions. How many acres will the Town end up with in it's own title? pg 13 - PH • SUPERVISOR COCHRAN: Fifty-one acres. FRANK O'CONNELL: For that it will pay $1,200,000? SUPERVISOR COCHRAN: One million from Southold, $200,000 from the State. FRANK O'CONNELL: So, we can find out the cost per acre by just dividing those figures. Now, the second question is, how much is the Peconic Land Trust putting into this project in terms of dollars? SUPERVISOR COCHRAN: John, would you like to explain your role again? FRANK O'CONNELL: I understand his role. 1 want to know how many dollars go into it. JOHN HALSEY: In essence we will purchasing the property in it's entirety from Mr. Baxter, and those funds will in part be coming from a private individual, who will be purchasing the land restricted. There will be funds that will be coming from Suffolk County through the purchase of development rights. There will be funds from the Historical Societies, all coming to the Trust, and then there will be the piece that the Town purchases. So, together, basically the Trust is the glue. It's the entity that is coordinating the various funds from various sources. FRANK O'CONNELL: How many dollars is that? • JOHN HALSEY: It's about two and a half million for the price of property in it's entirety. FRANK O'CONNELL: If I understood correctly the Town is buying the property. Is the Land Trust buying this property? JOHN HALSEY: The Town is purchasing fifty-one acres of the property. FRANK O'CONNELL: That is not what this document says. This document presumes that the Town will own the entire 109, or whatever it is. Read it. Read it. What is presumed you need a different calculator for the all involvement. You really do. This should be worked out. There should be a contract of sale from the Peconic Land Trust to the Town for the 50, whatever number acres, the Town is going to get. Absence of that contract of sale, we have no idea whether they will sell it to us, or to anybody. We don't know. There is no legal obligation on their part to sell 51 acres to us subject to that easement. What I'm trying to say, Jean, what I started to say in the beginning, this is not ready for finalization for this thing to be determined by the Board tonight. I'm suggesting to you that you put it aside, adjourn you hearing, either get the whole thing worked out in a legal way that it's going to stay put, and then go ahead. SUPERVISOR COCHRAN: Frank, number one, I don't know what document you are referring to, but if it was the reading of the hearing, the stated amount was 51 acres. I don't think anywhere it states in anything we have that the money is buying the entire site. • pg 14 - PH • TOWN ATTORNEY DOWD: In terms of the process we have to hold this hearing, and decide whether or not we should purchase the property, and then we will do a contract of purchase, and follow through with all the paper work involved in closing, but before you do all that we have to decide if we want to do that. SUPERVISOR COCHRAN : Through the hearing. That is the step we have to take first. TOWN ATTORNEY DOWD: In terms of the legal process, that we have to go through, we have to hold this hearing to decide if we want to purchase the property, and then we follow through with the Eontract to purchase the property, and closing papers, and the easement, all that comes after we make the determination based on the hearing tonight, whether or not we want to go ahead. SUPERVISOR COCHRAN : I'm going to close it down after this last person, if we are not going to have a difference rather than the same people getting up every time. JAY GARGANI : First of all, I want to apologize to Mr. Townsend. It was obviously glaring misconception. In any event, the gentleman over here who is representing Peconic Land Trust just awhile ago used the word glue, and it's the glue that is holding everything together. Well, we all know that glue can get quite messy, that glue can get to be very out of control. That's number one. Also, we don't even get to the intermediate stage here, aside from the terms of dollars we don't even hear percentile groups. What we hear is, a private person will be buying part of this, the County will be buying part of this, the Town is involved in this, but there is no specificity. Isn't the contract in affect the butting edge of all of this. Why is it that we are so lacking? That's all I have. SUPERVISOR COCHRAN : I don't see where the dollar amount is lacking. I have told you six times. The Town is purchasing fifty-one acres. Of that they are paying $1,200,000. It comes to $23,500 an acre. It is wooded woodland, and it is also on the waterfront, which makes it higher than if it was just farmland. The farmland will continue to pay taxes. The County is buying the development rights. There will be easements put on, on behalf of the Town, on behalf of the private individual buying the other part of the farmland, so that this portion of land will be forever, forever, forever protected. We see this, you know some people have a vision, some don't. Let me share some of my vision with you. We said right up front that this going to have public access, and I feel very strongly about that, because the community is spending a great deal of money, and they should have the opportunity to use this site. I said earlier, also, it was going to be divided into three areas. The one area where the fort is, and the waterfront along the creek where we feel that there are artifacts, and would have some importance in relation to the site itself, in relation to the Indian involvement. I see this as an educational type area, where your colleges, where your schools, where young people that are studying archeological careers in the colleges and so forth. I know at one point • Professor Smith many years ago when, I think, the County was looking to buy it, investigated with the different colleges, and there was interest, and there was concern. As you heard earlier Mr. Peters has sent to all pg 15 - PH • the different Historical Societies throughout Nassau and Suffolk County, and all these people they don't even live in area, but they realize the value of preserving this land. So, the area where the fort is, is the area that would be most preserved, but we also see an access there. In middle there is still creek frontage there. We see it as with trails, or we see perhaps canoe availability to the creek itself. We see this area being used by the people of Southold. The front area, seven or eight acres, this is going to be more active. As I said earlier, there's a building on the property. It could be a focal point. It could be. . the museum has the Orient focus. This could be the Fort Corchaug focus. Any artifacts taken off the site should be preserved and kept, and belong to the people of Southold. This is something that. .this is it. This i� your only chance. People have been trying for ten years to make this happen. It's happening. It's this close. This is the Town's first step. If there are questions that aren't being answered yet, we will do our darndest to answer them for you. But, at this point the first step is the hearing. The first step is this Town Board either approving, or disapproving moving ahead with the preservation of Fort Corchaug. I am going to get off my soapbox. I don't do this too often. This is a hearing. As Joe said earlier, we usually sit and listen in a hearing, and just take input from the community. I think this is important enough so that the Town Board should share with you some of it's feeling and philosophy, and what is important to, not only, this generation, but future generations. That is trying to save and preserve Fort Corchaug. Is there anyone else who would like to address the Town Board? • PROFESSOR WALTER SMITH: Can I just say one word? SUPERVISOR COCHRAN: You certainly may. PROFESSOR WALTER SMITH : At the meeting a few weeks ago, the New York State Archeological meeting, the New York State representative, who is in charge of the $200,000 that was given, made the statement that preservation of Fort Corchaug was the most important site now under consideration in the entire State of New York, and it is one of the fines sites in the State of New York. SUPERVISOR COCHRAN: This could go on all night. I'm going to take you, sir, then I will take you, and then I am going to close it down because the same people are addressing the Board, and if there is someone with something new they want to add, or a pro, or a con, we would be very happy to entertain it. But, you know, we could go on like this all night. JAY CARCANI : Your editorial was obviously directed towards me, and I fully except it, and I appreciate your efforts towards explicitness. That's not the point. The point that I was making, there were two other parties to this situation, and they were not as explicit as you were, and that's all that I was seeking. I'm not trying to unseat this whole situation. It's obviously well favored, and I'm going along with that also, but I do appreciate the fact that you did go over your financial role in this • situation, as the chief fiscal officer representing the Town, but I still don't see the actual exacting amount being brought forth by the other two pg 16 - PH • parties involved in this, mainly the County, as well as the private individual. That's all I have to say. SUPERVISOR COCHRAN: Thank you. Yes, ma'am? LESLIE KRUK: I just wanted to say. I spoke once before, so I take exception to your remark. We are all hearing different things, and I spoke my piece before, too, and 1 am fully in favor of preservation, and so many people have worked so hard on the preservation of Fort Corchaug, but not just Fort Corchaug. Do we want to become another Nassau County, another Western Suffolk? If we don't buy this, and it goes by the way, and if this get developed, and that gets developed', I 'think it's good that we have land preservation. Do you understand what I'm saying? SUPERVISOR COCHRAN: Yes, I do. LESLIE KRUK: I think it's very important, and this to me means a lot, and I don't care if people don't think it's important. To me it is. This remark about, it's a shame there aren't Indians on Long Island, we could buy it from them for how much. We are not that stupid anymore. We trusted these people that came here. Indians don't trust anymore, and it will not happen again. That was a very uncalled for, unnecessary remark as far as I'm concerned. SUPERVISOR COCHRAN: Please, direct your comments to the Board. • LESLIE KRUK: Whoever made the remark, it was totally uncalled for. SUPERVISOR COCHRAN: And I apologize if you felt my remarks were directed at you, or the gentleman in the back. I was expressing my feeling. LESLIE KRUK: There is so many people here that have worked for ten years to see this come to fruition, and I applaud you, and I would like to see it come to fruition. I hate to see the turmoil, but I think we don't want to become another Nassau, or Western Suffolk, and if we don't preserve our land, not just Fort Corchaug, but as we have been doing. SUPERVISOR COCHRAN: Thank you. Thank you for your comments. At this point 1 am going to close the hearing. 1 think everyone has had the opportunity to express themselves, either pro or con, and the Town Board will now go back to resolutions. • Judith T. Terry Southold Town Clerk P � U R C H A S E R � E S O L U T I O N 1�kg�fFO(�0 • JUDITH T.TERRY �� �y� Town Hall, 53095 Main Road TOWN CLERK y 'e P.O. Boz 1179 z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS �� Fax (516) 765-1823 MARRIAGE OFFICER �� a� Telephone (516) 765-1800 RECORDS MANAGEMENT OFFICER I `� FREEDOM OF INFORMATION OFFICERX OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 27, 1997: WHEREAS, the Town Board of the Town of Southold wishes to purchase the open space property of William J . Baxter, Jr. ; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 27th day of May, 1997, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold • acquire the open space as set forth in the proposed acquisition between the Town of Southold and William J . Baxter, Jr. ; now, therefore, be it RESOLVED that the Town Board hereby elects to purchase the open space property of William J . Baxter, Jr. , comprising 51 acres, at a sale price of $23,500.00 per acre; said property located on the south side of NYS Route 25, Cutchogue, New York; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorizes and directed to give notice of such acceptance to William J . Baxter, Jr. ; and be it FURTHER "RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said property, all in accordance with the approval of the Town Attorney. Judith T. Terry Southold Town Clerk • May 28, 1997 39.-Moved by Supervisor Cochran, seconded by Councilwoman Oliva, WHEREAS, the Town Board of the Town of Southold wishes to purchase the open space property of William J . Baxter, Jr. ; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the 27th day of May, 1997, pursuant to the provisions of the; Southold Town Code; and WHEREAS, the Town Board deems it in the public interest that the Town of Southold acquire the open space as set forth in the proposed acquisition of the Southold Town Code; and WHEREAS, the Town Board deems It in the public interest that the Town of Southold acquire the open space as set forth in the proposed acquisition between the Town of Southold and William J . Baxter, Jr. ; now, therefore, be it ; RESOLVED that the Town Board hereby elects to purchase the open space property of William J . Baxter, Jr. , comprising 51 acres, at a sale price of $23,500.00 per acres; said property located on the south side of NYS Route 25, Cutchogue, New York; and be it • FURTHER RESOLVED that the Town Clerk be and she hereby is authorized and directed to give notice of such acceptance to William J . Baxter, Jr.; and be it FURTHER. RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of said property, all in accordance with the approval of the Town Attorney. 39.-Vote of the Town Board: Ayes: Councilman Moore, Justice Evans, Councilwoman Oliva, Councilman Townsend, Councilwoman Hussie, Supervisor Cochran. This resolution_ was duly ADOPTED. • C • L O S I N G E X • P E N S E S • CONUNIONWEALTH LAND TITLE INSURANCE COMPANY 177 Old Country Road, Riverhead, New York 11901 516--727-7760 fax 516-727-7818 Title No. -- /Ql79� ��Ppd Date 6LJ f9-7 FEE INSURANCE COVERAGE PREMIUM FAIR MARKET VALUE RIDER PREMIUM MORTGAGE INSURANCE COVERAGE PREMIUM ENDORSEMENTSEnvironmental Waiver of Arbitration Residential Adjustable Rate Rider NEW YORK STATE TRANSFER TAX MORTGAGE TAX(Mortgagee) MORTGAGE"PAX (Mortgagor) • SURVEY INSPECTION DEPARTMENTAL SEARCHES STREET REPORT ESCROW DEPOSIT ESCROW DEPOSIT FEE RECORDING FEES. ( � ) DEED(S) 13, ( ) SATISFACTION(S) ( ) tiIORTGAGE(S) ( ) CONSOLIDATION, EXTENSION& MODIFICATION AGREEMENT(S) ( ) MORTGAGE AFFIDAVIT(S) ( ) ASSIGNMENT(S) TOTAL CHARGES CLOSER CHARGES, IF ANY. PICK-UP FEE OTHER: CLOSER G R �� A N T R E I M • B U R S E M E N T • R • E C O R D E D D • E E D • _ 41589 11839 H600 $ C ) 1J -- -.-. 97 JUI. -0 AH 10 07 Number of pages �E.AJ ULJ��_ (:Fk�¢;: � _ .. 'I'ORRENS .• , ,c 199 Serial 11 ;H Cruifu:ate N Prior CU.It 1 .589 Deed/Mortgage Instrument Decd/Mougage'fax Slamp Recording/Piling Sounps d 1 FEES Page/Piling Pec �J Mortgage Ano. I landling y 1. Easic'I'ax _ W-584 J 2. Addmonal Tax _ Nubtliou ] Sub Trial RA-5217(Colony) �. Sub Total J. SIWJAssn. EA-5217(Slate) (/1 or Spec./Add. _ R.P.T.S.A. L „xs NA� TOT.MTG:'TAX Couun.of Ed. 5.W w Dunt Town__Dual County held for Apponionmcat Affidavit TransrcrTu • Ccuihe,l Copy 14 r. `�/ 111c properly covered by Ibis mortgage Is or Reg.Copy will be improved by a one or two family Other Sub Toml , dwelling only. YES or No CRAND`10fAL - 75 If NO,sec appropriate wa clause on page H c _or lllis instrunmul. 5' Ileal ProperlyTax Service Agency Verification *6? 'Pitle Company Information Dist. Section Block Lot YF72,f� gfa7nl((,+r'j 1000 116.00 01 .00 003-003 Company Name Date X97 :nnlalOnWealth Land Title I h� (NEW NUMBER) RH970698 1111c Number fE8# Laury Dowd PGE PAID BY: a�'a= Southold Town Attorney Cash_Check—1'/ Charge 53095 Main Road Payer same as R&R PO Box 1179 (or if di(fcrcnQ Southold, NY 11971 NAME: ADDRESS: RECORD& IIFI'URN TO 7 (A DURESS) v Suffolk County Recording & Endorsement Page This page forms part of the attached Deed made by (SPECIFY TYPE Of'INS-1-ROMENI') WILLIAM J. BAXTER, JR. , individually 'Clic premises hemin is simatcd in an as Cocut-or o t e state o William H Raxtor d N th F k Rank SUFFOLK COUNTY,NEW Y OR K. • as Co-Executor of,_the Estate of William I J. Baxter In the'Fownship of SOUTHOLD TOWN BF SO�OLD __ In the VILLAGE -- or I[AM LE'I'of CUTCHOGUE BOXES 5'l-IIRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR"1'0 RECORDING OR FILING. I.Ho Vow. .ii........iL.w al.NN a,,.trsw[ns • Go ISUL1 YOUc tnw T Ea aFF ORI SIOIII".. THIS tNSTRUsUNT-THIS INSTRVMINT SHO U LI,.IVSIa IT LAWTEIS ONLY. T1-IIS INDENIUIIF., ol-d' Inc 30th d,y Of June , nlneleen hundred and ninety-seven �D BEIVVIFFN THE NORTH FORK BANK 8 TRUST CO. , with an office at 10095 Main Road, Mattituck, New York, as Co-Executor and WILLIAM J. BAXTER, JR. , residing at 1030 East Putnam Drive, Greenwich, Connecticut, Individually and As Co-Executor ax x'xa xtxx x xat under tire last will and testament of WILLIAM J. BAXTER , Isle of tlhe Village of L�rchmont, Westchester County, New York u dict oo the 16th ay of Apri 1 r nineteen hundred and seventy partly of the Ilrel pa r 1, and THE TOWN OF SOUTHOLD, a..muni ci pal i ty having its main office at 53095 Main Road, Southold, New York partly of (tic Second part, " Wll'NISSE'Ili,that the party of the first part,to whorl letters teStaumnuu'y were issued by the Surrogate's Court, Westchester County, New York on May 7, 1973 and by virtue of the power and authority given in and by said last will mid Iasi a"...n,anJ/or by Artide I I of the Estates, Powers and Trusts Law, and in consideration of the sum 0 f ONE MILLION TWO HUNDRED THOUSAND and 00/100 ($1,200,000.00) dollais, paid by the party of the second part, does hereby grant and • rd ca se unto if,, party of lire second part, lbe distributees or successors and assigns of the party of the second pan Ime.cr. ALL that certain plpt,.piece or parcel of land, with the buildings and Innpruvements thereon erected, situate, lying and being igxlp at Cutchogue, Town of Southold, County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte 25) , said point being the intersection of the southerly side of Main Road (N.Y.S. Rte 25) with the westerly line of land now or formerly of William Jimenez and said point being situate `1419.76 feet westerly as measured along the southerly side of Main Road (N.Y.S. Rte 25) from the intersection of the southerly side of Main Road (N.Y.S. Rte 25) with the westerly side of Linden Avenue; RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly of William Jimenez the following two (2) courses and distances: 1. South 16 degrees 11 minutes 14 seconds East 146.16 feet, 2. North 75 degrees 03 minutes 56 seconds East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of subdivision - "Map of Country Club Estates') filed in the Office of the Clerk of Suffolk County as File Number 6737; RUNNING thence along the approximate center line of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision - "Map of Country Club Estates" the following twenty-nine (29) tie-line courses and distances: 1. South Oldegrees 54 minutes 14 seconds East 38.99 feet, 2. South 24 degrees 52 minutes 56 seconds West 17.05 feet, 3. South 28 degrees 48 minutes 16 seconds West 105.00 feet, • 4. South 16 degrees 57 minutes 26 seconds West 40.01 feet, 5. South 00 degrees 15 minutes 54 seconds East 69.14 feet, 6. South 15 degrees 03 minutes 36 seconds West 58.93 feet, 7. South 33 degrees 40 minutes 54 seconds East 86.84 feet, 8. South 38 degrees 26 minutes 34 seconds East 82.01 feet 9. South 00 degrees 28 minutes 44 seconds East 31.91 feet, 10. South 16 degrees 39 minutes 56 seconds West 64.33 feet, 11. South 14 degrees 14 minutes 16 seconds West 137.89 feet, 12. South 00 degrees 20 minutes 26 seconds West 149.20 feet, 13. South 03 degrees 36 minutes 24 seconds East 93.42 feet, 14. South 64 degrees 26 minutes 34 seconds East 26.51 feet, 15. South 03 degrees 30 minutes 56 seconds West 192.18 feet, 16. South 14 degrees 23 minutes 36 seconds West 122.47 feet, 17. South 05 degrees 11 minutes 14 seconds East 28.46faet, 18. South 37 degrees 58 minutes 26 seconds West 26.44 feet, 19. South 69 degrees 04 minutes 46 seconds West 24.55 feet, 20. South 07 degrees 29 minutes 04 seconds East 68.97 feet, 21. South 88 degrees 51 minutes 44 seconds East 42.40 feet, . 22. South 37 degrees 23 minutes 24 seconds East 31.85 feet, 23. South 32 degrees 36 minutes 56 seconds West 110.72 feet, 24. South 36 degrees 46 minutes 24 second East 31.05 feet, 25. South 80 degrees 24 minutes 34 seconds East 45.53 feet, 26. North 37 degrees 40 minutes 56 seconds East 51.88 feet 27. South 67 degrees 00 minutes 24 seconds East 32.23 feet, 28. South 30 degrees 11 minutes 06 seconds West 82.39 feet, 29. South 00 degrees 26 minutes 26 seconds West 74.47 feet to land now or formerly of North Fork Country Club. RUNNING thence along the approximate High Water Mark of Downs Creek the following twenty-two (22) tie-line courses and distances: 1. South 69 degrees 59 minutes 32 seconds West 69.92 feet, 2. North 38 degrees 45 minutes 36 seconds West 49.53 feet, 3. South 61 degrees 11 minutes 28 seconds West 80.19 feet, 4. South 00 degrees 38 minutes 14 seconds East 83.10 feet, 5. South 34 degrees 46 minutes 35 seconds West 87.65 feet, 6. South 00 degrees 00 minutes 33 seconds East 40.37 feet 7. South 33 degrees 42 minutes 05 seconds East 103.20 feet, • 6. South 25 degrees 35 minutes 39 seconds West 52.73 feet, 9. South 66 degrees 31 minutes 07 seconds West 113.81 feet, 10. South 03 degrees 12 minutes 11 seconds West 95.73 feet, 11. South 03 degrees 49 minutes 31 seconds West 47.36 feet, 12. North 29 degrees 21 minutes 15 seconds East 35.41 feet, 13. South 85 degrees 26 minutes 16 seconds East 20.48 feet, 14. South 69 degrees 15 minutes 28 seconds East 81.98 feet, 15. South 49 degrees 12 minutes 43 seconds East 32.59 feet, 16. South 01 degrees 32 minutes 05 seconds East 89.72 feet, 17. South 18 degrees 57 minutes 45 seconds West 199.95 feet, 18. South 33 degrees 35 minutes 15 seconds West 279.92 feet, 19. South 02 degrees 43 minutes 21 seconds East 98.15 feet, 20. South 03 degrees 42 minutes 44 seconds West 88.31 feet, 21. South 08 degrees 30 minutes 13 seconds West 32.38 feet, 22. South 70 degrees 11 minutes 06 seconds East 45.60 feet to Lot 1, Minor Subdivision "Peconic Land' Trust"; RUNNING thence South 84 degrees 00 minutes 04 seconds West along Lot 1, Minor Subdivision "Peconic Land Trust" a distance of 833.74 feet to Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence along Lot 2, Minor Subdivision "Peconic Land Trust" the following seven (7) courses and distances: 1. North 11 degrees 44 minutes 34 seconds East 22.01 feet, 2. North 08 degrees 44 minutes 58 seconds West 384.17 feet, 3. North 12 degrees 17 minutes 18 seconds East 1160.92 feet, 4. North 60 degrees 40 minutes 52 seconds East 236.81 feet, 5. North 08 degrees 24 minutes 31 seconds West 365.47 feet, 6. North 60 degrees 43 minutes 05 seconds East 423.96 feet, 7. North 10 degrees 59 minutes 12 seconds West 713.51 feet to the southerly side of Main Road (N.Y.S. Rte 25) ; RUNNING thence along the southerly side of Main Road (N.Y.S. Rte 25) the following two (2) courses and distances: • 1. North 62 degrees 08 minutes 50 seconds East 234.55 feet, 2. North 65 degrees to minutes 40 seconds East 288.16 feet to land now or formerly of William Jimenez and the point or place of BEGINNING. BEING AND INTENDED TO BE part of the premises conveyed to William J. Baxter and Willidm,,J. Baxter, Jr. by deed dated 3/25/59 and recorded with the Suffolk Co- - y Clerk on 3/31/59 at Lib-'-.4605, cp 380. TOGE'I HER with all right, title and interest, if any, of the party of the first part in and to any streets and 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 deccdua'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 individually,or by virtue of said will or otherwise, '1'0 IIA VE AND TO HOLD the premises herein granted unto the party of the second part, the dislributces on snccrssors and assigns of the party of the second part forever. Together with all right, title and interest of the party of the first part, if any, in and to the gutter lying between the above described premises and land of Muzinic to the center line thereof. Together with all the right, title and interest of the party of the first part, if any, of in and to land below high water mark and under waters of Dawn's Creek adjacent to said premises . • 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 lInt part will receive the consideration for this conveyance and will hold the right to receive such consideration is :, 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. - 'I'll, ward "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 only executed this deed the day and year first above , --- - ra IV Il. __. ,:.;.. ESTATE OF WILLIAM J. BAXTER s lam I er, Jr. ames0 astro, Assistant Vice- Individuall and as Co-Executor President and Trust Officer • of the Estate of William J. North Fork Bank, Co-Executor Baxter of the Estate of William J. Baxter t , • 11839 K600 STATE OF NEW YOnK, COMITY OF SUFFOLK ss STATE OF NEW YORK, COUNTY OF SUFFOLK Is, On the 30th da) Ill June 19 97, beiore me On the 30th day of June 1997 , before me personally cone WILLIAM J. BAXTER, JR. , Personally came JAMEST.CASTRO, Assistant Vice- Individually and as Co-Executor of President and Trust Officer of NORTH FORK tEhe Fks to Tp, of William J. Bp,4�er, P.Aff klk4 x%uVtyj fV�„Ajpte OL41d�dalh Jan@aKW o of no.vn o bc• the Inds , ual desc I I and who o v I executed We foreguiuf; ilau'ummrt, and nelmowledged that executed the foregoing instrument, and acknowledged that he `alined the 'mu".� he executed the same. 7 Notary PU is Notary Public CHARLES R.CUDDY CHARLES R.CUDDY Notary Public.Slate of New Vora No,.,Public.State of Naw Vat NoS72225 No.5ST22It Ovolifiedin in Suffolk County -( Dust'Iiedln722kCprtty Y`!f Con lasion'E,".s Docembe,31.15 '.L Commission Expires December 31,1011 STATE OF NEW YORK, COUNTY OF SUL FbtK_ "I STATE OF NEW YORK, COUNTY OF Is. Oa the 3a day of .7 0)' - -l9 g7before me Ov the day of 19 ,before me personally came-, -5 TCA-57? /^ personally elms to me knmvu, who, being by me duly sworn,did If and_ fine subscribing witness to the foregoing instrument, with sa that lie /,ns �'" c-s''T a7 5 whom I am personally acquainted, who, being by me duly o/% ' VY �� sworn, did depose and say that he resides at No. llhhaat he is 11'e ssf ices O. ofxf {- X p�jNK)a5 C+-f 'dt -that he knows f,s/: /�avn TjFr" if,,corporation described in and which executed He foregoing instrument; Brat—hs- to be the individual (mows-ths-seal-of-said-eorpomtion thn"he-acct--affixed described in and who executed the foregoing instrument; {Q_� -'i nugppt�iq'�pCF_uorixt te�eal; fhat it was so that he, said subscribing witness, was present and saw -t'R5 8`i.'ZY(ll o'�7d of directors of sald coupons. execute the same;and that he,sold witness, tion, and that he signed 1� name thereto by like oVg'; tilt the same time subscribed If carve as witness thereto. y • l PATRICIA L.FALLON _ Notary Public.Slate of Naw York No 4950146 Gaellbed In Suffolk Coumy Commissmn ExNras Apnl 24, /9qy eNefuturr'B Dcrb 9HCTION BLOCK TI No. LOT HE NORTH FORK BANK & TRUST CO. COUNTY OR TOWN s Co-Executor and WILLIAM J. AVER, JR. , Individually and s Co-Executor d4 the Estate of illiam J. Baxter Reco,dad At Ranuest of "I URN BY FLUL TO: THE TOWN OF SOUTHOLD Zip Nu. T � I T L E P O L I � C Y • ISSUED BY OWNER'S POLICY OF TITLE INSURANCE COMMONWEALTH LAND Thu INSURANCE COMPANY Commonwealth SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE BAND THE CONDITIONS AND STIPULATIONS,COMMONWEALTH LAND TITLE INSURANCE COMPANY,a Pennsylvania corporation,herein called the Company, insures,as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs,attorneys' fees and expenses incurred in defense of the title,as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, COMMONWEALTH LAND TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers,the Policy to become valid when countersigned by an authorized officer or agent of the Company. COMMONWEALTH LAND TITLE INSURANCE COMPANY A Attest: �,�4_,•��G et 'Secrary W By. President 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 which arise by reason of: 1. (a)Any law,ordinance or governmental regulation(including but not limited to building and zoning laws,ordinances,or regulations)restricting, regulating,prohibiting or relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improve- ment now or hereafter erected on the land;(iii)a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a pan;or(iv)environmental protection,or the affect of any violation of these laws,ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b)Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which hu occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 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 Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c)resulting in no loss or damage to the insured claimant; (d)attaching or created subsequent to Date of Policy; or (e)resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim,which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency,or similar creditors' rights laws, that is based on: (a)the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (b)the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: • (i) to timely record the instrument of transfer; or of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. NM 1 PA10 ALTA Owner's Policy(10.17-92) Valid Only If Schedules A and B and Cover Are Attached Form 1190-1 Face Page ORIGINAL CONDITIONS AND STIPULATIONS (c)Whenever the Company shall have brought an action or interposed a 1. DEFINITION OF TERMS. defense as required or permitted by the provisions of this policy, the The following terms when used in this policy mean: Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, (a) "insured": the insured named in Schedule A, and, subject to any to appeal from any adverse judgment or order. hts or defenses the Company would have had against the named insured, ose who succeed to the interest of the named insured by operation of law (d) In all cases where this policy permits or requires the Company to �g as distinguished from purchase including, but not limited to, heirs, prosecute or provide for the defense of any action or proceeding, the distributees, devisees, survivors, personal representatives, next of kin, or insured shall secure to the Company the right to so prosecute or provide corporate or fiduciary successors. defense in the action or proceeding, and all appeals therein,and permit the (b) "insured claimant': an insured claiming loss or damage. Company to use, at its option, the.name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's (c) "knowledge" or "known": actual knowledge, not constructive expense, shall give the Company all reasonable aid (i) in any action or knowledge or notice which may be imputed to an insured by reason of the proceeding, securing evidence, obtaining witnesses, prosecuting or public records as defined in this policy or any other records which impart defending the action or proceeding, or effecting settlement, and (a) in any constructive notice of matters affecting the land. other lawful act which in the opinion of the Company may be necessary or (d) "land": the land described or referred to in Schedule A, and desirable to establish the title to the estate or interest as insured. If the improvements affixed thereto which by law constitute real property. The Company is prejudiced by the failure of the insured to furnish the required term "land" does not include any property beyond the lines of the area c—perallon, the Company's obligations to the insured under the policy described or referred to in Schedule A, nor any Tight , title, interest, estate shall terminate, including any liability or obligation to defend,prosecute,or or casement in abutting stoats, roads, avenues, alleys, lanes, ways or continue any litigation,with regard to the matter or matters requiring such waterways, but nothing herein shall modify or limit the extent to which a cooperation. right of access to and from the land is insured by this policy. 5. PROOF OF LOSS OR DAMAGE. (e) "mortgage": mortgage, deed of trust, trust deed, or other security In addition to and after the notices required under Section 3 of these instrument. Conditions and Stipulations have been provided the Company, a proof of (f) "public records": records established under state statutes at Date of lou or damage signed and sworn to by the insured claimant shall be Policy for the purpose of imparting constructive notice of matters relating furnished to the Company within 90 days after the insured claimant shall [o real properly to purchasers for value and without knowledge. With ascertain the facts giving rise to the loss or damage. The proof of loss or respect to Section 1(a) (iv) of the Exclusions From Covera e, .-public damage shall describe the defect in, or lien or encumbrance on the Title,or Pe other matter insured against by this policy which constitutes the basis of records" shall also include environmental protection liens ded in the loss or damage and shall state, to the extent possible, the basis of [ecoids of the clerk of the United States district court for the district in calculating the amount of the loss or damage. If the Company is prejudiced which the land is located. by the failure of the insured claimant to provide the required proof of loss (g)"unmarketability of the title": an alleged or apparent matter affecting or damage,the Company's obligations to the insured under the policy shall the title to the land, not excluded or excepted from coverage, which would terminale, including any liability or obligation to defend, prosecute, or entitle a purchaser of the estate or interest described in Schedule A to he continue any litigation, with regard to the matter or matters requiring such released from the obligation to purchase by virtue of a contractual proof of loss or damage. condition requiring the delivery of marketable title. In addition, the insured claimant may reasonably be required to submit 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE to examination under oath by any authorized representative of the OF TITLE. Company and shalt produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized The coverage of this policy shall continue in force as of Date of Policy in representative of the Company, all records, books, ledgers. checks, favor of an insured only so long as the insured retains an estate or interest correspondence and memoranda, whether bearing a date before or after in the land, or holds an indebtedness secured by a purchase money Dale of Policy, which reasonably pertain to the loss or damage. Further, if mortgage given by a purchaser from the insured, or only so long as the requested by any authorized representative of the Company , the insured nsured shall have liability by reason of covenants of warranty made by the claimant shall grant its permission, in writing, for any authorized nsured in any transfer or conveyance of the estate or interest. This policy representative of the Company to examine , inspect and copy all records, shall not continue in force in favor of any purchaser from the insured of books, ledgers, checks, correspondence and memoranda in the custody or either(i)an estate or interest in the land. or(ii)an indebtedness secured by control of a third party, which reasonably pertain to the loss or damage. a purchase money mortgage given to the insured. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. unless, in the reasonable judgement of the Company, it is necessary in the The insured shall notify the Company promptly in writing (i) in case of administration of the claim. Failure of the insured claimant to submit for any litigation as set forth in Section pan below.(ii)in case knowledge shall examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third come to an insured hereunder of any claim of title or interest which is parties as required in this paragraph shall terminate any liability of the adverse to the title to the estate or interest, as insured, and which might Company under this policy as to that claim, cause loss or damage for which the Company may be liable by virtue of this policy, or(iii) if title to the estate or interest, as insured, is rejected as 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; unmarketable. If prompt notice shall not be given to the Company, then as TERMINATION OF LIABILITY. to the insured all liability of the Company shall terminate with regard to In case of a claim under this policy,the Company shall have the following the matter or matters for which prompt notice is required: provided. however, that failure to notify the Company shall in no case prejudice the additional options: rights of any insured under this policy unless the Company shall be (a)To Pay or Tender Payment of the Amount of Insurance. prejudiced by the failure and then only to the extent of the prejudice. To pay or tender payment of the amount of insurance under This policy together with any costs,attorneys' fees and expenses incurred by 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF the Insured claimant, which were authorized by the Company, up to the INSURED CLAIMANT TO COOPERATE. time of paymant or tender of payment and which the Company is obliga- ted to pay. (a) Upon written request by the insured and subject to the options Upon the exercise by the Company of this option, all liability and contained in Section 6 of these Conditions and Stipulations, the Company, obligations to the insured under this policy, other than to make the at its own cost and without unreasonable delay, shall provide for the payment required, shall terminate, including any liability or obligation to defense of an insured in litigation in which any third party asserts a claim defend, prosecute, or continue any litigation, and the policy shall be adverse to the title or interest as insured, but only as to those slated causes surrendered to the Company for cancellation. of action alleging a defect, lien or encumbrance or other matter insured (b)To Pay or Otherwise Settle With Parties Other than the Insured nr against by this policy. The Company shall have the right to select counsel With The Insured Claimant. of its choice (subject to the right of the insured to object for reasonable (i) to pay or otherwise settle with other parties for or in the name cause) to represent the insured as to those stated causes of action and shall of an insured claimant any claim insured against under this policy, together nod be liable for and will not pay the fees of any other counsel. The with any costs, attorneys' fees and expenses incurred by the insured Company will not pay any fees, costs or expenses incurred by the insured claimant which were authorized by (he Company up to time of payment In the defense of[hose causes of action which allege matters not insured and which the Company is obligated to pay or against by this policy. (it) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys (b) The Company shall have the right, at its own cost, to institute and fees and expenses incurred by the insured claimant which were authorized prosecute any action or proceeding or To do any other act which in its by the Company up to the lime of payment and which the Company is _o'npinion may be necessary or desirable to establish the title to the estate or obligated to pay. �teresl, as insured, or to prevent or reduce loss or damage to the insured. Upon the exercise by the Company of either of the options provided for he Company may take any appropriate action under the terms of this In paragraphs(b)(i) or(ii), the Company's obligations to the Insured under policy, whether or not it shall be liable hereunder, and shall not thereby this policy for the claimed loss or damage. other than the payments concede liability or waive any provision of this policy. If the Company required to be made,shall terminale, including any liability or obligation to shall exercise its rights under this paragraph, it shall do so diligently. defend, prosocuie or continue any litigation. Conditions and Stipulations Continued Inside Cover B 1190-1 CONTROL NO. 20b - 15600S SCHEDULE A &OUNT OF INSURANCE: $ 1,198,500.00 POLICY NO. 206-156005 DATE OF POLICY: 06/30/97 TITLE NO. RH970698 1. NAME OF INSURED: TOWN OF SOUTHOLD 2. THE ESTATE OR INTEREST IN THE LAND WHICH IS COVERED BY THIS POLICY IS: FEE SIMPLE 3 . TITLE TO THE ESTATE OR INTEREST IN THE LAND IS VESTED IN: Deed made by WILLIAM J. BAXTER, JR. , individually and as Co-Executor • of the Estate of William J. Baxter AND NORTH FORK BANK, as Co-Executor of the Estate of William J. Baxter to THE INSURED, dated 6-30-97 and duly recorded in the Office of the Clerk for the County of Suffolk. 4. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED IN SAID INSTRUMENT, IS SITUATED IN THE COUNTY OF SUFFOLK, STATE OF NEW YORK, AND IS IDENTIFIED AS FOLLOWS: SEE SCHEDULE "A" ATTACHED Countersigned: Authorized Officer or Agent • • SCHEDULE B EXCEPTIONS FROM COVERAGE POLICY NO. 206-156005 TITLE NO. RH970698 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 1. Boundary Line Agreement in Liber 4673, cp 203; as amended by Agreement in Liber 6908, cp 356; (to include Right of Way) . 2. No title insured to any lands now under the waters of Down's Creek. 3. Subject to the rights of the public to navigate the waters of Down's Creek. 4. Subject to the Riparian rights of others fronting on Down's Creek. 5. Riparian rights of the owners of the subject premises are not insured. 6. Rights of the Governmental Authorities to improve navigation and change bulkhead lines without compensation to upland owners. • Survey made by Young & Young, dated May 27, 1997 shows premises improved by a one story frame building. a) Frame garage, two frame buildings, two frame barns and chicken pen. b) Fort site shown thereon. c) Landward limit of freshwater wetlands as designated by Young & Young on 6/26/95. d) Earth roadway that traverses subject premises. e) Guy wire from N.Y. Telephone utility pole situated on premises. No other variations shown. f) Survey must be amended to reflect distance along the Main Road from Linden Avenue. 8. Company excepts easement rights of others in, to and over the earth roadway as shown on survey herein. • 1 • COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD NEW YORK ENDORSEMENT OWNER'S POLICY To be attached and made a part of Policy Number: 206-156005 1. The following is added to the insuring provisions of the face page of this policy: "5. Any statutory lien for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy. " 2. The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: " (d) . If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances, except real estate taxes, assessments, water charges and sewer rents. ' thing herein contained shall be construed as extending or changing the effective date of said l icy, unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage, schedules, Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: 06/30/97 COMMONWEALTH LAND TITLE INSURANCE COMPANY BY: VICE PRESIDENT AND BRANCH MANAGER • COMMONWEALTH LAND TITLE INSURANCE COMPANY TITLE NO. RH970698 • SCHEDULE A THE PREMISES IN WHICH THE INSURED HAS THE ESTATE OR INTEREST COVERED BY THIS POLICY ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road (N.Y.S. Rte 25) where the same is intersected by the westerly line of land now or formerly William Jimenez; said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road (N.Y-S. Rte 25) from intersection with the westerly side of Linden Avenue; RUNNING THENCE from said point of beginning along land now or formerly William Jimenez the following two (2) courses and distances: 1. South 16 degrees 11 minutes 14 seconds East 146.16 feet; and 2. North 75 degrees 03 minute 56 seconds East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision - "Map of Country Club Estates" filed in the Office of the Clerk of Suffolk County as File Number 6737; RUNNING THENCE along the approximate centerline of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision - "Map of County Club Estates" the following twenty nine (29) tie-line courses and distances: 1. South 01 degrees 54 minutes 14 seconds East, 38.99 feet; 2. South 24 degrees 52 minutes 56 seconds West, 17.05 feet; • 3. South 28 degrees 48 minutes 16 seconds West, 105.00 feet; 4. South 16 degrees 57 minutes 26 seconds West, 40.01 feet; 5. South 00 degrees 15 minutes 54 seconds East, 69.14 feet; 6. South 15 degrees 03 minutes 36 seconds West, 58.93 feet; 7. South 33 degrees 40 minutes 54 seconds East, 86.84 feet; 8. South 38 degrees 26 minutes 34 seconds East, 82.01 feet; 9. South 00 degrees 28 minutes 44 seconds East, 31.91 feet; 10. South 16 degrees 39 minutes 56 seconds West, 64.33 feet; 11. South 14 degrees 14 minutes 16 seconds West, 137.89 feet; 12. South 00 degrees 20 minutes 26 seconds West, 149.20 feet; 13. South 03 degrees 36 minutes 24 seconds East, 93.42 feet; 14. South 64 degrees 26 minutes 34 seconds East, 26.51 feet; 15. South 03 degrees 30 minutes 56 seconds West, 192.18 feet; 16. South 14 degrees 23 minutes 36 seconds West, 122.47 feet; 17. South 05 degrees 11 minutes 14 seconds East, 28.46 feet; 18. South 37 degrees 58 minutes 26 seconds West, 26.44 feet; 19. South 69 degrees 04 minutes 46 seconds West, 24.55 feet; 20. South 07 degrees 29 minutes 04 seconds East, 68.97 feet; 21. South 88 degrees 51 minutes 44 seconds East, 42.40 feet; 22. South 37 degrees 23 minutes 24 seconds East, 31.85 feet; 23 . South 32 degrees 36 minutes 56 seconds West, 110. 72 feet; 24. South. 36 degrees 46 minutes 24 seconds East, 31.05 feet; 25. South 80 degrees 24 minutes 34 seconds East, 45.53 feet; 26. North 37 degrees 40 minutes 56 seconds East, 51.88 feet; 27. South 67 degrees 00 minutes 24 seconds East, 32.23 feet; 28. South 30 degrees 11 minutes 06 seconds West, 82.39 feet; and 29. South 00 degrees 26 minutes 26 seconds West, 74.47 feet to land now or formerly North Fork Country Club. • RUNNING THENCE along the approximate High Water Mark of Downs Creek the following twenty six (26) tie-line courses and distances: (Continued) SCHEDULE: A: (continued) 1. South 69 degrees 59 minutes 32 seconds West 69.92 feet; • 2. North 38 degrees 45 minutes 36 seconds West, 49.53 feet; 3 . South 61 degrees 11 minutes 28 seconds West, 80.19 feet; 4. South 00 degrees 38 minutes 14 seconds East, 83.10 feet; 5. South 34 degrees 46 minutes 35 seconds West, 87.05 feet; 6. South 00 degrees 00 minutes 33 seconds East, 40. 37 feet; 7. South 33 degrees 42 minutes 05 seconds East, 104.20 feet; 8. South 25 degrees 35 minutes 39 seconds West, 52.73 feet; 9. South 66 degrees 31 minutes 07 seconds West, 113 .81 feet; 10. South 03 degrees 12 minutes 11 seconds West, 95.73 feet; 11. South 03 degrees 49 minutes 31 seconds West, 47.36 feet; 12. North 29 degrees 21 minutes 15 seconds East, 35.41 feet; 13 . South 85 degrees 26 minutes 16 seconds East, 20.48 feet; 14 . South 69 degrees 15 minutes 28 seconds East, 81.98 feet; 15. South 49 degrees 12 minutes 43 seconds East, 32.59 feet; 16 . South 01 degrees 32 minutes 05 seconds East, 89.72 feet; 17. South 18 degrees 57 minutes 45 seconds West, 199.95 feet; 18. South 33 degrees 35 minutes 15 seconds West, 279.92 feet; 19. South 02 degrees 43 minutes 21 seconds East, 98.15 feet; 20. South 03 degrees 42 minutes 44 seconds West, 88.32 feet; 21. South 08 degrees 30 minutes 13 seconds West, 32.38 feet; 22. South 70 degrees 11 minutes 06 seconds East, 45.60 feet; 23. South 09 degrees 24 minutes 30 seconds East, 91.99 feet; 24. South 03 degrees 31 minutes 17 seconds West, 168. 36 feet; 25. Sough 15 degrees 04 minutes 39 seconds West, 223 .31 feet; and 26. South 24 degrees 01 minutes 15 seconds West, 145.01 feet to land now or formerly Hadley B. Williams; RUNNING THENCE along land now or formerly Hadley B. Williams the following four • (4) courses and distances: 1. South 84 degrees 42 minutes 40 seconds West, 285.24 feet; 2. South 10 degrees 48 minutes 40 seconds West, 99.65 feet; 3 . South 17 degrees 54 minutes 10 seconds West, 242.96 feet; and 4. South 15 degrees 50 minutes 40 seconds West, 327.04 feet to the northerly side of New Suffolk Avenue; RUNNING THENCE North 64 degrees 58 minutes 20 seconds West along the northerly side of New Suffolk Avenue a distance of 30.40 feet to a monument and to other lands of Hadley B. Williams; RUNNING THENCE along other lands of Hadley B. Williams the following four (4) courses and distances: 1. North 15 degrees 50 minutes 40 seconds East, 322.73 feet; 2 . North 17 degrees 54 minutes 10 seconds East, 241.63 feet to a monument; 3 . South 64 degrees 26 minutes 40 seconds West, 380.00 feet to a monument; and 4. South 13 degrees 39 minutes 20 seconds West, 270.00 feet to a monument and the northerly side of New Suffolk Avenue; RUNNING THENCE North 64 degrees 58 minutes 20 seconds West along the northerly side of New Suffolk Avenue a distance of 1107.06 feet to land now or formerly Richard I . Ginsberg and Marvin M. Brown; (Continued) • SCHEDULE A: (continued) RUNNING THENCE along land now or formerly Richard I. Ginsberg and Marvin M. Brown the following four (4) courses and distances: • 1. North 83 degrees 50 minutes 00 seconds East, 536.10 feet; 2. North 11 degrees 28 minutes 30 seconds East, 1055.34 feet; 3. North 12 degrees 24 minutes 10 seconds East, 847.95 feet; and 4 . North 08 degrees 06 minutes 00 seconds West, 1076.79 feet to the southerly side of Main Road (N.Y.S. Rte 25) ; RUNNING THENCE along the southerly side of Main Road (N.Y.S. Rte 25) the following five (5) courses and distances: 1 . North 60 degrees 20 minutes 20 seconds East, 236.28 feet; 2. North 55 degrees 17 minutes 30 seconds East, 471.65 feet; 3. North 58 degrees 21 minutes 50 seconds East, 238.69 feet; 4. North 62 degrees 08 minutes 50 seconds East, 274.26 feet; and 5. North 65 degrees 10 minutes 40 seconds East, 288.16 feet to land now or formerly William Jimenez and the point of place of BEGINNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described premises, to the center line thereof. • • CONDITIONS AND S-11PULATIONS _ - -- --- IF mo need) 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE (h) When habilih and the extent of loss or damage has been definitely This policy is a contract of indemnity against actual monetary los. ,, 0xed m fecordance .vith these Conditions and Stipulations, the loss or damage sustained or incurred by the insured claimant who has mffrred 1,ss damage shall a; payank within 30 days thereafter. • damage by reason of mallets insured against by this policy and onl, to the extent herein described. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT. the (a) The liabilit9 of the Company under this policy shall not exceed the tai The Company's Right of Subrogation least of. R'hcnever the Company shall have settled and paid a claim under this (i) the Amount of Insurance stated i policy, all right of subrogation shall vest in the Company unaffected by n Schedule A; or, any act of the insured claimant. (it) the difference between (he value of the insured estate or interest as The Company shall he subrogated to and be entitled to all rights end insured and the value of the insured estate or interest subject to (be der ecu, lien or encumbrance insured against by this policy. remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If (b) In the event the Amount of Insurance stated in Schedule A at (he requested by the Company, the insured claimant shall transfer to the Date of Policy is less than 80 percent of the value of the insuredcstau or Company all rights and remedies against any person or properly necessary interest or the full consideration paid for the land, whichever Is less, cr if in order to perfect this right of subrogation. The insured claimant shall subsequent to the Date of Policy an improvement is erected on the Imd permit the Company to sue, compromise or settle in the name of the which increases the value of the insured estate or interest by at least 10 insured claimant and to use the name of the insured claimant in any percent over the Amount of Insurance stated in Schedule A, then this transaction or litigation involving these rights or remedies. Policy is subject to the following: If a paymentm a claim does not fully cover the loss of the (i)where no subsequent improvement has been made,as to any pat sial insured claimant,nl, the he ('C ompany shill be subrogated to these rights and loss, the Company shall only pay the loss pro rata in the proportion that remedies in the proportion which the Company's payment bears to the the amount of insurance at Date of Policy bears to the total value of the whole amount of the loss. insured estate or interest at Dale of Policy; or If loss should result from any act of the insured claimant, as stated (ii) where a subsequent improvement has been made, as to any partial above, that act shall not void this policy, but the Company, in that event, loss, the Com any shall only pay the loss pro rata in the proportion (hat shall be required to pay only that part of any losses insured against by this 120 percent orthe Amount of Insurance stated in Schedule A bears to the policy which shall exceed the amount, if any, lost to the Company by sum of the Amount of Insurance stated in Schedule A and the amount reason of the impairment by the insured claimant of the Company's right expended for the improveri of subrogation. The provisions of this paragraph shall not apply to costs, allomeys' fees (b) The Company's Rights Against Non-insured Obligors. and expenses for which the Company is liable under this policy, and shall The Company's right of subrogation against non-insured obligors shall only apply to that portion of any loss which exceeds, in the aggregate, 10 exist and shall include, without limitation, the rights of the insured to percent of the Amount of Insurance staled in Schedule A. indemnities, guaranties, other policies of insurance or bonds, (c)The Company will pay only those costs, attorneys' fees and expenses notwithstanding any terms or conditions contained in those instrumen(s incurred in accordance with Section 4 of these Conditions and Slipulaticnswhich provide for subrogation rights by reason of this policy. 8. APPORTIONMENT. If the land described in Schedule A consists of two or more panels 14. ARBITRATION which are not used as a single site. and a loss is established affecting one or Unless prohibited by applicable law, either the Company or the insured more of the parcels but not all, the loss shall be computed and settled o a may demand arbitration pursuant to the Title Insurance Arbitration Rules pro rata basis as if the amount of insurance under this policy was divided of the American Arbitration Association. Arbitrable matters may include, pro rata as to the value but are not limited to,an controversy or claim between the Company and 0 on Dale of Policy subsequent separate parcel to the Y Y • whole, exclusive of any improvements made subsequent to Dale c Police, m the insured arising out of relating to This policy any service the unless a liability or value has otherwise been agreed upon as to each parcel Company connection with npolicy issuance or the breach n( a policy by the Company and the insured at the time of the Issuance of this policy Provision or other obligation. All arbitrable matters when the Amount of and shown by an express statement or by an endorsement attached to this Insurance is$1,000,000 or less shall be arbitrated at the option of either the policy. Company or the insured. All arbitrable matters when the Amount of 9. LIMITATION OF LIABILITY. Insurance is in excess of$1.000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy (a) If The Company establishes the title, or removes the alleged defectand under the Rules in effect on the date the demand for arbitration is lien or encumbrance, or cures the lack of a right of access to or from the made or, at the option of the insured, the Rules in effect at Dale of Policy land, or cures the claim of unmarkembility of title, all as insured, in a shall be binding upon the parties The award may include attorneys' fees reasonably diligent manner by any method, including litigation and the only if the laws of the state in which the land is located permit a court to completion of any appeals therefrom, it shall have fully performed its award attorneys' fees to a prevailing party. Judgment upon the award obligations with respect to that matter and shall not be liable for any loss rendered by the Arbitrator(s) may be entered in any court having or damage caused thereby. jurisdiction thereof. (b) In the even( of any litigation, including litigation by the Company The law of the situs of The land shall apply to an arbitration under the or with the Company's consent, the Company shall have no liability for Title Insurance Arbitration Rules_ loss or damage until there has been a final determination by a court of A copy of the Rules may be obtained from the Company upon request, competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE (c) The Company shall not be liable for loss or damage to any insured CONTRACT. for liability voluntarily assumed by (he insured in settlingan claim or slit Y (a) This policy together with all endorsements, if any, attached hereto without the prior written consent of the Company. by the Company is the entire policy and contract between the insured and 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION the Company. In interpreting any provision of this policy, this policy shall OF LIABILITY. he construed as a whole. (b) Any claim of loss or damage. whether or not based on negligence, All payments under this policy, except payments made for cows, and which arses out of the status of the title to the estate or interest attorneys' fees and expenses, shall reduce the amount of the insurance pro covered hereby or by any action asserting such claim, shall be restricted to tanto, this policy. 11. LIABILITY NONCUMULATIVE (c) No amendment of or endorsement to this policy can be made It is expressly understood that the except by a writing endorsed hereon or attached hereto signed by either the Pr h amount of insurance VMet this President, a Vice President, the Secretary, an Assistant Secretary, or policy shall be reduced by any amount the Company may pay under any validating officer or authorized signatory of the Company, policy insuring a mortgage to which exception Is taken in Schedule B or to 16. SEVERABILITY. which the insured has agreed, assumed, or taken subtest, or which is hereafter executed by an insured and which Is a charge or lien on the In the event any provision of the policy is held invalid or unenforceable estate or interest described or retained to In Schedule A, and the amount under applicable law, the policy shall be deemed not to include hill provi- so paid shall be deemed a payment under this policy to the Insured owner. sion and all other provisions shall remain in full force and effect. 72. PAYMENT OF LOSS. 17. NOTICES, WHERE SENT. (a)No payment shall be made wit boutroducin this ofI �for endorsement All notices required to be given the Company and any statement to writing of the payment unless the polis}has been lost or destroyed, in which Case proof All lobe famished the Company shall include the number of this policy and of loss or destruction shall be furnished to the satisfaction of the Company, shall be addressed to Commonwealth land Title Insurance Company,Eight Pemt Center,Philadelphia,Pemsylvania 19103-2198. NM 1 PA 10 ALTA Owner's Policy(10-17-92) FORK 1190-3 Cover Page Valid Only g ORIGINAL y ]f Face Page, Schedules A and 8 Are Attached American Land Tide Association Owner's Policy (10-17-92) POLICY OF TITLE INSURANCE i F i lsaed by Commonwealth. Land Title Insurance Company 7711e lnawke Sime 1876 HOME OFFICE EIGHT PENN CENTER PHILADELPHIA, PA 19103-2198 �� � B119P3 I • R • E C O R D E D E • A S E M E N T • I Ez 34570 Ej RECEDED 1189OPC967 �IitA 964P230 4,V10: 54 • Number of pages I ?.c�1 `�f51'� f0;• r TORRENS APR 30 1998 Serial# H iAX SU`POiI( Certificate# Prior Ctf.# 34570 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording Filing Sumps 4 FEES Page/Filing Fee .— Mortgage Amt. — Handling 1. Basic Tax _ TP-584 2. Additional Tax _ Notation Sub Total _ EA-5217(County) Sub Total (Z�• SpeclAssiL or EA-5217(Sate) Spec./Add. i RP.T.S.A. C3S` /F/ � Ir,, TOT.MTG.TiAX _ Comm.of Ed. 5 .00 4�a Dual Town_Dual County Held for Apportionment Affidavit �'g , . Transfer Tax Certified Copy ��7�� Mansion Tax The property covered by this mortgage is or • Reg.Copy ^ will be improved by a one or two family Sub Tool ��tJ dwelling only. Other OD If NOsee appropriate r NO GRAND TOTALtax clause on page# Z, , of this instrument. 5 _ Real Property Tax Service Agency Verification 6 Title Company Information Dist. Section Block Lot f! � •� (�J/r/moN it A[,>'u GANO TrcE U //G, 0/ 0-D &rM oo3 Company Name Date rQ//9 7- ZO/o 3 A lni. Title Number O 8 FEE PAID BY: PEL-y"Id (.q A/D %ectS7_ /n/ca QPeKgrED Cash_Check a Charge_ Payer same as R&R P0 . a0X _�Dxj' �7� (or if different) NAME: 6471n"V'."WA rN 14n/2 Trce seu7`HA/nvroN N y �//� 9 r ADDRESS: / 77 OL-0 afyN ney Z, RECORD&RETURN TO /Qi✓e" i?1,2WA /✓Y //90/ 7 (ADDRESS) ' 9 Suffolk County Recording & Endorsement Page This page forms part of the attached 16CQ OF (4A1 S6.e✓AT/O n/ EA.fE7//C.VT made by: (SPECIFY TYPE OF INSTRUMENT) /Du�A/ OF . 1DUrf/dL.d The premises herein is situated in - SUFFOLK COUNTY,NEW YORK- TO ORKTO In the Township of JOZe7 HOLI) �tl+n,t/ic Lgrva Teusr, 1A1Co,fPO419 rED In the Val-AGE nn or HAMLET of 2A7Zi 4eE BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 1lOIOL}/rSYp ,eN9�ao�3A- • DEED OF CONSERVAIIQN EASEMEN THIS DEED OF CONSERVATION EASEMENT,is made on the 30th day of June,1997 at Southold, New York.The parties are the TOWN OF SOUTHOLD, having its principal office at 53095 Main Rd. (P.O. Box 1179), Southold, New York 11971 (herein called the "Grantor"), and the PECONIC LAND TRUST, INCORPORATED, a not-for-profit New York Corporation,having a principal office at 296 Hampton Road (P.O. Box 2088), Southampton, New York 11968 (herein called "Grantee"). INTRODUCTION WHEREAS, the Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York hereinafter more fully described in Schedule A attached hereto, further described as part of Suffolk County Tax Map Parcel Number 1000- 116-1-3, and hereinafter referred to as the "Property"; and WHEREAS, the Grantor acquired the "Property" as part of a joint public/private conservation effort including the Grantor's 51 acre parcel, a 15-acre wooded parcel immediately adjacent to the south of the Grantor's Property and a 39-acre agricultural parcel immediately adjacent to the west of the Grantor's Property; and WHEREAS, the Grantor's Property is part of a 25 acre area that was nominated as a National Landmark as defined by the United States Department of the Interior and is on record with the United States Department of the Interior, National Park Service, and is In the National Register of Historic Places; and WHEREAS, the Grantor wishes to grant a Conservation Easement on the 51-acre parcel of Property so that a portion of the Property (hereinafter referred to as the "Fort Area"), comprising 22.9602 acres of the Property, more fully described in Schedule B attached hereto) shall remain in its archaeologically valuable, undeveloped and undisturbed state. Another portion of the Property consisting of 19.5292 acres of the Property (hereinafter • referred to as the "Access Area", more fully described in Schedule C attached hereto) shall remain in its open, natural and scenic state, and the remainder of the Property (hereinafter referred to as the "Interpretive Center Area",comprising 8.5106 acres of the Property, more fully described in Schedule D attached hereto), may be further developed with an Interpretive Center/Management Center for the Property, with appurtenant improvements, as shown in Exhibit A; and WHEREAS, the Grantor intends to restrict the Property against any residential, commercial, or industrial use and to limit the use of the Property generally for research, educational, and public access purposes. WHEREAS, it is the policy of the Town of Southold, as articulated in the Town's Master Plan of 1973,amended in 1986 and 1989 as adopted by the Town Board, Town of Southold code, Section 272-a of the Town Law, to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, Town Law 64 (17-a) authorizes the Town Board to preserve and protect historic areas and General Municipal Law 2477 authorizes a town to acquire and preserve open space;and WHEREAS,the Town of Southold has decided that these goals are best served by the creation of a conservation easement which will ensure that the open space and archaeological elements of this site are both protected and effectively utilized by the Town of Southold in perpetuity; and WHEREAS, the Town of Southold determined that the creation of this conservation easement provides substantial public benefit to the Town, and thus is not a gift under article VIII, 1 of the New York Constitution, and WHEREAS,the Town of Southold acquired the Property pursuant to its Open Space • Preservation Program with Open Space Bond proceeds and grant funds from the New York State - Office of Parks, Recreation and Historic Preservation known as EPF Project #546O59 - Fort Corchaug;and 1 WHEREAS,the Property in its present open space condition has substantial and • significant value as a historic, archaeologically important resource by reason of the fact that it has been identified as Fort Corchaug and is, therefore, on the National Register of Historic Places, and has not been subject to any development. NOW,THEREFORE: 0.01 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a qualified not-for-profit charitable organization under Section 170(h)(3) of the Internal Revenue Code of 1986, and any amendatory or supplemental legislation (herein called "the Code"), and incorporated under the Not-For-Prolit Corporation Law of New York State for the purpose of conserving and preserving the unique environmental, agricultural, scenic and open space values of rural lands located in Suffolk County of Long Island. 0.02 Purpose The parties recognize the environmental, archaeological, and open space values of the Property and have the common purpose of preserving these values. This Deed is intended to convey a Conservation Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its archaeological value and natural open space character in perpetuity 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. 0.03 Grantee's Warranty Grantee warrants and represents that it possesses the intent and ability to enforce the terms of this Conservation Easement on the Property, as determined by its Board of Directors, at a duly constituted meeting of that Board, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of a Nationally nominated Historic Place possessing archaeologically valuable land as well as natural habitat land that should be protected and maintained as a preserve. 0.04 Documentation The Grantee acknowledges by acceptance of this Easement that the existing 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, archaelogical, wildlife, watershed, scenic, and aesthetic resources and otherwise to aid in identifying and documenting the Property's open space values as of the date hereof, to assist the Grantor and Grantee with monitoring the development and use of the Property and ensuring compliance with the terms hereof, the Grantee has prepared, with the Grantor's full 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 conservation easement map as shown in Exhibit A, an aerial photograph, photographs of the Property, a topographical map, a description and site plan of existing land uses, features, and structures, if any. The Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors historical and present 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. 0.05 Recitation In consideration of the previously recited facts, mutual promises, undertakings and forbearances contained in this Easement, the parties agree upon its provisions, intending to be bound by it. 2 • ARTICLE ON THE EASEMENT 1.01 Tvoe This Deed conveys a Conservation Easement(herein called the "Easement"). This Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited in this Deed. Reference to this "Easement" or its "Provisions" in this Deed shall include any and all of those covenants, restrictions, rights, terms and conditions. 1.02 Duration This Easement shall be a burden upon and run with the Property in perpetuity. 1.03 Effect The covenants, terms, conditions, restrictions and purposes of this Easement shall run with the Property as an incorporeal interest in the Property, and shall bind the successors and assigns of each of the parties respectively. This Easement shall extend to and be binding upon Grantor, Grantors agents, tenants, occupants, heirs, personal representatives, successors and assigns and all other individuals and entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, and assigns, and the word "Grantee"when used herein shall include all of those persons or entities. ARTICLE TWO GRANT AND ACCEPTANCE GRANTOR hereby voluntarily and irrevocably 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 and all future owners, tenants, occupants, assigns and possessors of said Property. ARTICLE THREE PROHIBITED ACTS ON THE PROPERTY 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 The construction or placement of residential, commercial, industrial or other buildings or structures of any kind or nature, permanent or temporary, on, over or under the Property except as permitted in Section 4.05. 302 Excavation and Removal of Material The excavating, mining or filling of the Fort Area, except as mayte necessary to undertake further archaeological research and study of the fort site as allowed in Section 4.05. The removal of topsoil, sand, or other materials shall not take place on the Property, nor shall the topography of the Property be changed without the prior written consent of the Grantee except to undertake further archaeological research and study of the fort site. 3.03 Subdivision The subdivision or partitioning of the Property without the prior written consent of the Grantee. 3.04 Dumoina • The dumping or accumulation of unsightly or offensive materials Including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property except for the accumulation of material related to the archaeological research and excavation that may take place on site. Any such accumulation must be deposited in a pre-determined location and 3 disposed of within a reasonable period of time as determined by the Town of Southold and • Grantee. 195 Signs The display of signs, billboards, or advertisements on the Property except signs, whose placement, number, and design do not significantly diminish the scenic character of the Property and only for the following purposes: a) to state the name and historical value of the Property, including interpretive signs and signs announcing New York State and other municipal grants or contributions, b) to post the Property to control unauthorized entry or use, c) to announce the Grantee's conservation easement. Any such signs that require lighting will be externally illuminated only. 3.Q6 Cuttino of Timber The clearing, cutting or harvesting of timber or woodland on the Property except for the following purposes: a) to clear and restore forest cover that has been damaged or disturbed by forces of nature or otherwise, b) to prune and selectively thin trees to create limited vistas in accordance with good forest management practices and the purposes of this Easement,as determined by the Grantee in its sole discretion, c) provide access to the fort site, d) to excavate the fort site and surrounding archaeological area and e) the improvements allowed in Section 4.05. All of the above must be conducted with prior written notice to the Grantee. 3.07 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property except with the Grantee's prior written consent or as otherwise permitted herein. Lighting will be permitted only to the extent necessary for security, and public safety purposes related to the Fort Area and Interpretive Center. • 3.08 Uses The use of the Property for any residential, commercial, industrial use or purpose of any kind or nature except as permitted in Section 4.03. ARTICLE FOUR GRANTOR'S RESERVED RIGHTS ON THE PROPERTY 4.01 Ownership Subject to this Easement, Grantor shall retain all other customary rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, New York State, and federal law, which will not defeat or derogate from the purposes of this Easement. Grantee recognizes that Grantor has acquired the Property so that the Property will be available for public access for the uses and purposes set forth herein. This Easement is not intended to affect, limit di restrict Grantor's right to use the Property for such public purposes. This Easement shall not be interpreted or construed in a manner contrary to or inconsistent with the foregoing. The purposes for which this Property may be used are archaeological research, natural . — resource education, ecological, biological and historical study. Consistent with these purposes, the following acts, uses and practices shall be permitted upon or within the Property and designated areas as follows: 4 A. Fort Area - Reserved for general open space, preservation of natural habitat and • research and educational purposes related to the archaeological resources on site with the written permission of the Town of Southold in its sole discretion. B. Access Area- Reserved for nature trails and pedestrian access to Downs Creek. C. Interpretive Center/Management Center Area - Reserved for museum, interpretive, educational and archaeological uses, as well as a parking and staging area for activities on the site. Theareamay also contain a residential caretaker use, as well as storage of equipment needed for site maintenance. 4.04 Landscaping Activities Except as otherwise restricted by this Easement, Grantor shall have the right to conduct landscaping activities necessary to the uses and improvements intended in Article Four, including, without limitation, restoration of natural vegetation, pruning and group maintenance on the Property. Grantor shall have the right to conduct natural habitat restorations consistent with Section 4.03C above. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased,dangerously decayed or damaged on the Property with written notice to the Grantee. 4.05 Structures and Improvements Grantor shall have the right to maintain and improve the existing, habitable building and make additional improvements on the Property as contemplated in this Section 4.05. Any expansion of the existing structure or construction of new structures, facilities and improvements shall relate to the uses intended in Section 4.03 above and shall be consistent with the purposes of this easement. This shall not be construed to permit recreational fields or arenas and associated structures. More specifically, structures and improvements shall be permitted in each designated area as follows: Area A - 'Fort Area' • Grantor shall have the right to construct and maintain the following non-residential improvements on the Fort Area which are necessary to and consistent with the uses outlined above. (i) Non-Permanent storage structures near the fort site for use related to archaeological activities that may take place on the Property as required pursuant to reasonable archaeological practices. Such structures shall not have concrete foundations; and (ii) Other temporary sheds and tents near the fort site for use related to archaeological activities that may take place on the Property; and (iii) Unimproved Access Drives to provide access to the archaeological fort site and other archaeological areas; and (iv) Fences only for use in protecting archaeological resources and constructed so as not to substantially interfere with wildlife use of the Property. Area B - 'Access Area' (i) Unpaved hiking trails, cleared in a manner sensitive to the environmental resources; and. - (if) Structures related to the hiking trails, including but not limited to fences, interpretive signs, boardwalks, etc., constructed so as not to obstruct wildlife movement;and (iii) Unimproved Access Drives to provide access to the archaeological fort site and _. other archaeological areas. 5 Area C - 'Interpretive Center/Management Area' • (i) Grantor shall have the right to maintain, improve, renovate and reconstruct one (1) Single Family residential structure for on-site management purposes and/or educational staff; and (ii) Grantor shall have the right to construct, maintain, improve, renovate and reconstruct other non-residential and non- commercial structures for the uses as intended in Section 4.03C above; and (iii) Unimproved Access Drives, to provide access to the"Access Area" and the 'Fort Area"; and (iv) Underground facilities normally used in connection with supplying utilities. Any underground utilities must, to the extent possible, be constructed within 30 feet of the center line of access drives, and may be used primarily to service the educational/research activities; and (v) An unpaved parking area and unpaved roadways and driveways to service the parking area; and (vi) Unpaved hiking trails, cleared in a manner sensitive to the environmental resources; and (vii) Structures related to the interpretive center and hiking trails including but not limited to fences, interpretive signs, boardwalks, etc. provided same do not obstruct wildlife movement. 4.06 Notice • Grantor shall notify Grantee, in writing, before taking any action or before exercising any reserved right with respect to the Property which could adversely affect the conservation purposes which are the subject of this Easement. This includes the construction of any permanent or temporary structures as provided in Section 4.05 herein. Grantor shall provide Grantee with complete documentation including architectural plans of any proposed structures _ which are subject to Grantees approval which shall not be unreasonably withheld. Such approval, disapproval or comments of Grantee shall be given to Grantor within 45 days after all necessary documentation and information is submitted to Grantee. 4.07 Alienability Grantor shall have the right to convey all or any part 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 names and mailing addresses of all Grantees, and the individual principals thereof, under any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. ARTICLE FIVE GRANTORS OBLIGATIONS 5.01 Taxes and Assessments If at any time, the owner of the Property shall not be a governmental entity or a tax exempt entity, such owner shall then 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. If such owner fails to make such payments, • Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten days prior written notice to owner, according to any bill, statement or estimate procured from the appropriate public office without inquiry into the accuracy thereof. That payment, if made by Grantee, shall become a lien on the Property of the same priority as the item if not paid 6 would have become, and shall bear interest until paid by owner at two percentage points over • the prime rale of interest from time to time charged by Citibank, N.A. 5.02 Indemnification Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees,judgments or expenses to Grantee or any:.I its officers, employees, agents or independent contractors arising"from the physical maintenance or condition of the Property or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, attorney's fees,judgments or expenses to Grantee or any of its officers, employees, agents or independent contractors resulting: a) from injury to persons or damages to Property arising from any activity on the Property, except those due solely to the acts of the Grantee, its officers, employees, agents, or independent contractors; and b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. ARTICLE SIX GRANTEES RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon reasonable prior notice to Grantor, and in a manner that will not interfere with the 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 purpose, except as provided in Section 6.03, nor to permit access upon the Property by the public. 6.02 Restoration 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 the Grantee may reasonably deem necessary. However, it is understood and agreed by the parties hereto that the 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, and earth movement, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 6.03 Enforcerntinj Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement are inadequate. Therefore, in addition to, and not in limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the open space values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (1) to institute a suit to enjoin or cure such breach, default or violation by temporary and/or ._ permanent injunction, (if) 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 on the dale hereof, or to such condition as is expressly permitted hereby or as • may be pursuant to the terms hereof, as Grantee deems appropriate under the circumstances, or (iii) 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 7 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 reimburse lent to Grantee, all reasonable attorney's fees, court costs and other expenses incurred by .antee (herein called 'legal expenses') in connection with any proceedings under this Section. 6.04 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief at any other time. 6.05 Assignability Grantee may assign any and all of its rights and responsibilities under this Easement with the consent of the Grantor, which consent may not be unreasonably withheld. 6.06 Succession If at any time Grantee or any successor or assignee is unable to enforce this Easement fully or fails to do so, or if Grantee or any successor or assignee ceases to exist or ceases to be a qualified organization under I.R.C. Section 170 (h)(3) then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions contained in Section 6.05 as the Grantee shall designate. If, on the occurrence of any of these events, Grantee or any successor or assignee fails to assign all of its rights and responsibilities under this Easement and all of its rights, title and interest in and to this Easement to a qualified organization, then the rights and responsibilities under this Easement shall become vested in another qualified organization, in accordance with a cy pres proceeding brought in any court of competent jurisdiction. • 607 Extinguishment In the event a material unforeseeable change in the conditions surrounding the Property makes impossible its continued use for the purposes contemplated hereby, then the extinguishment of this easement must be established by judicial proceeding. It all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority other than the Grantor, or otherwise acquired by such authority through a purchase in lieu of a taking, so as to abrogate the restrictions imposed by this Easement or otherwise effectively to frustrate the purposes hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of the interests in the Property subject to the taking and all incidental or direct damages resulting . from the taking. All expenses reasonably incurred by the parties to this Easement in connection with such taking shall be paid out of the recovered proceeds. Grantee shall be entitled to the Proportionate Share of the remaining recovered proceeds. The Grantee shall use such proceeds actually recovered by it in a manner consistent with the purposes of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.07 shall be in addition to, and not in limitation of, any rights they may have by law with respect to a modification or termination of this Easement by reason of changed conditions or the exercise of powers of eminent domain as aforesaid. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understandina This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. • 7.02 Amendment This Easement can be terminated or modified only in accordance with the common and 8 statutory law of the Slate of New York applicable to the termination and modification of �. easements and covenants running with the land. Grantor and Grantee recognize that circumstances could arise which would justify the modification of certain of the restrictions contained in this Easement. To this end, Grantee and Grantor shall mutually have the right, in their sole discretion, to agree to amendments to this Easement which are not inconsistent with the purposes of this Easement set forth in herein. 7.03 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 which is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.04 Notice All notices required by this Easement must be written. Notices shall be given either by manual delivery or by mailing in a mail receptacle maintained by the United Stales Postal Service. Mailed notice must be contained in an accurately addressed, sealed envelope,marked for delivery by first class registered or certified mail, with sufficient prepaid postage affixed and with return receipt requested. Mailed notice to Grantor shall be addressed to Grantors address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 7,04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked for the attention of the President, or to such other address as Grantee may designate by notice in accordance with this Section 7.04. Notice shall be deemed given and received as of the date of its manual delivery or the date of its mailing. 7.05 Governing Law New York law applicable to deeds and conservation easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement as intended by parties. 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 Warranties The warranties and representation made by the parties in this Easement shall survive its execution. 7.08 Recordina Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.09 Headinas iThe headings,titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 9 IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and • received this Deed of Conservation Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD(Grantor) BY: '�d \-,) C n'V."" Jean Cochran Supervisor ACKNOWLEDGED AND ACCEPTED: PECONIC LAND TRUST(Grantee) BY: Jo n v.H.Halsey esident STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this da of June, 1997, before y r1)eJ pt;T��nally aDpea d Jean Cochran,who, being by me duly swom, said that she resides at aii/Ss fl'4 Sf101�'•u�;t�'r,,.ucO New York, 119 71 ,and that she is the Supervisor of the TOWN OF SOUTHOLD,the Grantor mentioned and described in and which acknowledged and accepted all the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that she signed her name thereto by authority of the Board of Trustees of the said Municipal Corporation. • L Notary Public PATRICIA L FALLON Notary Pubbc State of New York No 49F0146 OuahfieOf in adblk County ly�G� Commission E,paes April 24, STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: On this=✓'�'�'day of June, 1997, before me personally appeared JOHN v.H. HALSEY, who, being by me duly sworn, said that he resides at 469 Majors Path,Town of Southampton, New York,that he is President of PECONIC LAND TRUST,INCORPORATED,the Grantee mentioned and described in and which acknowledged and accepted all of the rights and responsibilities under the foregoing instrument and this Easement conveyed therein; and that he signed his name thereto by authority of the Board of Directors of the said Corporation. r Notary Public PATRICIA L.FALLON Notary Public. State of New York No 4950146 Ouabfietl,n Sultolk County p - Commission Expires April 24, 191 y Schedule A: Metes and Bounds Description of the Property. • Schedule B: Metes and Bounds Description of the Fort Area. Schedule C: Metes and Bounds Description of the Access Area. Schedule D: Metes and Bounds Description of the Interpretive Center/Management Area. Exhibit A: Conservation Easement Map. 10 Schedule A • The Property May 29, 1997 Surveyors Description - Parcel to be Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-1 16-1-P/0 3 ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold,County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road(N.Y.S. Rte 25), said point being the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road(N.Y.S. Rte 25) from the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly side of Linden Avenue; RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two(2)courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision- "Map of Country Club Estates"filed in the Office of the Clerk of Suffolk County as File Number • 6737; RUNNING thence along the approximate centerline of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision-"Map of Country Club Estates"the following twenty nine(29)tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg.52 min. 56 sec.West 17.05 feet, 3. South 26 deg. 48 min. 16 sec.West 105.00 feet, 4. South 16 deg. 57 min.26 sec.West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min.36 sec.West 58.93 feet, 7. South 33 deg.40 min. 54 sec. East 86.64 feet, 8. South 38 deg.26 min. 34 sec. East 82.01 feet, 9. South 00 deg. 28 min.44 sec. East 31.91 feet, 10. South 16 deg. 39 min. 56 sec.West 64.33 feet, 11. South 14 deg. 14 min. 16 sec.West 137.89 feet, 12. South 00 deg.20 min.26 sec. West 149.20 feet, 13. South 03 deg.36 min.24 sec. East 93.42 feet, 14. South 64 deg.26 min. 34 sec. East 26.51 feet, 15. South 03 deg. 30 min. 56 sec.West 192.18 feet, 16. South 14 deg.23 min. 36 sec.West 122.47 feet, 17. South 05 deg. 11 min. 14 sec. East 28.46 feet, 18. South 37 deg. 58 min.26 sec.West 26.44 feet, 19. South 69 deg.04 min.46 sec.West 24.55 feet, 20. South 07 deg.29 min. 04 sec.East 68.97 feet, 21. South 88 deg. 51 min.44 sec. East 42.40 feet, 22. South 37 deg.23 min. 24 sec. East 31.85 feet, 23. South 32 deg.36 min. 56 sec.West 110.72 feet, • 24. South 36 deg.46 min.24 sec. East 31.05 feet, Scheduie A (continued) Page 2 • May 28, 1997 25. South 80 deg. 24 min. 34 sec. East 45.53 feet, 26. North 37 deg. 40 min. 56 sec. East 51.88 feet, 27. South 67 deg. 00 min.24 sec. East 32.23 feet, 28. South 30 deg. 11 min.06 sec. West 82.39 feet, 29. South 00 deg. 26 min. 26 sec. West 74.47 feet to land now or formerly North Fork Country Club; RUNNING thence along the approximate High Water Mark of Downs Creek the following twenty two(22)tie-line courses and distances: 1. South 69 deg.59 min. 32 sec.West 69.92 feet, 2. North 38 deg. 45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min.28 sec. West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg.00 min. 33 sec. East 40.37 feet, 7. South 33 deg. 42 min. 05 sec. East 103.20 feet, 8. South 25 deg. 35 min.39 sec. West 52.73 feet, 9. South 66 deg. 31 min.07 sec.West 113.81 feet, 10. South 03 deg. 12 min. 11 sec. West 95.73 feet, it. South 03 deg. 49 min. 31 sec. West 47.36 feet, 12. North 29 deg. 21 min. 15 sec. East 35.41 feet, 13. South 85 deg.26 min. 16 sec. East 20.48 feet, 14. South 69 deg. 15 min.28 sec. East 81.98 feet, 15. South 49 deg. 12 min.43 sec. East 32.59 feet, 16. South 01 deg. 32 min. 05 sec. East 89.72 feet, • 17. South 18 deg. 57 min.45 sec. West 199.95 feet, 18. South 33 deg. 35 min. 15 sec. West 279.92 feet, 19. South 02 deg.43 min. 21 sec. East 98.15 feet, 20. South 03 deg.42 min.44 sec.West 88.31 feet, 21. South 08 deg. 30 min. 13 sec.West 32.38 feet, 22. South 70 deg. 11 min. 06 sec. East 45.60 feet to Lot 1, Minor Subdivision"Peconic Land Trust"; RUNNING thence South 84 deg. 00 min. 04 sec. West along Lot 1, Minor Subdivision"Peconic Land Trust"a distance of 833.74 feet to Lot 2, Minor Subdivision "Peconic Land Trust"; RUNNING thence along Lot 2, Minor Subdivision'Peconic Land Trust'the following seven(7)courses and distances: 1. North 11 deg.44 min. 34 sec. East 22.01 feet, 2. North 08 deg.44 min. 58 sec.West 384.17 feet, 3. North 12 deg. 17 min. 18 sec. East 1160.92 feet, 4. North 60 deg.40 min. 52 sec. East 236.81 feet, 5. North 08 deg.24 min. 31 sec.West 365.47 feet, 6. North 60 deg.43 min.05 sec. East 423.96 feet, 7. North 10 deg. 59 min. 12 sec.West 713.51 feet to the southerly side of Main Road(N.Y.S. Rte 25); RUNNING thence along the southerly side of Main Road(N.Y.S. Rte 25)the following two(2)courses and distances: 1. North 62 deg. 08 min. 50 sec. East 234.55 feet, 2. North 65 deg. 10 min.40 sec. East 288.16 feet to land now or formerly • William Jimenez and the point or place of Beginning. CONTAINING an area of 51.0000 Acres. Schedule e • July 1, 1997 Surveyors Description - Fort Area over Portion of Land Conveyed to the Town of Southold at Cutchogue, Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-1 16-1-P/0 3 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue,Town of Southold, County of Suffolk,and State of New York, bounded and described as follows: BEGINNING at a point on the easterly line of land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust"said point being situate the following courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road(N.Y.S. Rte 25): 1. South 65 deg. 10 min.40 sec. West along the southerly side of Main Road (N.Y.S. Rte 25)288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road(N.Y.S. Rte 25)234.55 feet to land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust"; RUNNING thence along land known and designated as Lot 2 Minor Subdivision "Peconic Land Trust"the following five(5) courses and distances: - • 1. South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust"713.51 feet, 2. South 60 deg.43 min.05 sec. West 423.96 feet, 3. South 08 deg. 24 min. 31 sec. East 365.47 feet, 4. South 60 deg.40 min. 52 sec. West 236.81 feet, 5. South 12 deg. 17 min. 18 sec. West 387.00 feet, RUNNING thence from said point of beginning North 88 deg.46 min. 10 sec. East 838.28 feet to the approximate High Water Mark of Downs Creek; RUNNING thence along the approximate High Water Mark of Downs Creek the following sixteen(16)tie-line courses and distances: 1. South 33 deg.42 min. 05 sec. East 103.20 feet, 2. South 25 deg. 35 min. 39 sec.West 52.73 feet, 3. South 66 deg. 31 min. 07 sec.West 113.81 feet, 4. South 03 deg. 12 min. 11 sec.West 95.73 feet, 5. South 03 deg.49 min. 31 sec. West 47.36 feet, 6. North 29 deg. 21 min. 15 sec. East 35.41 feet, 7. South 85 deg.26 min. 16 sec. East 20.48 feet, 8. South 69 deg. 15 min.28 sec. East 81.98 feet, 9. South 49 deg. 12 min.43 sec. East 32.59 feet, 10. South 01 deg. 32 min.05 sec. East 89.72 feet, 11. South 18 deg. 57 min. 45 sec.West 199.95 feet, 12. South 33 deg. 35 min. 15 sec. West 279.92 feet, 13. South 02 deg.43 min.21 sec. East 98.15 feet, 14. South 03 deg.42 min.44 sec.West 88.31 feet, 15. South 08 deg. 30 min. 13 sec. West 32.38 feet, • 16. South 70 deg. 11 min.06 sec. East 45.60 feet to Lot 1,Minor Subdivision"Peconic Land Trust; • Schedule B (continued) Page 2 July 1, 1997 RUNNING thence South 84 deg. 00 min.04 sec.West along Lot 1, Minor Subdivision'Peconic Land Trust"a distance of 833.74 feet to Lot 2, Minor Subdivision "Peconic Land Trust , RUNNING thence along Lot 2, Minor Subdivision'Peconic Land Trust'the following three(3)courses and distances: 1. North 11 deg.44 min.34 sec. East 22.01 feet, 2. North 08 deg.44 min. 58 sec.West 384.17 feet, 3. North 12 deg. 17 min. 18 sec. East 773.92 feel to the point or place of Beginning. CONTAINING an area of 22.9602 Acres. • • Schedule C July 1, 1997 Surveyor's Description - Access Area over Portion of Land Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-1 16-1-P/0 3 ALL that certain plot, piece, or parcel of land,with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold,County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a paint on the easterly line of land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust" said point being situate the following three(3) courses and distances as measured from the intersection formed by the westerly line of land now or formerly William Jimenez and the southerly side of Main Road (N.Y.S. Rte 25): 1. South 65 deg. 10 min.40 sec.West along the southerly side of Main Road (N.Y.S. Rte 25)288.16 feet, 2. South 62 deg. 08 min. 50 sec. West still along the southerly side of Main Road(N.Y.S. Rte 25)234.55 feet to land know and designated as Lot 2 Minor Subdivision"Peconic Land Trust", 3 South 10 deg. 59 min. 12 sec. East along land known and designated as Lot 2 Minor Subdivision"Peconic Land Trust'713.51 feet; • RUNNING thence from said point of beginning North 70 deg.20 min.31 sec. East 433.16 feet to land known and designated as Marsh Area "Map of Country Club Estates" filed in the Office of the Clerk of Suffolk County as File Number 6737 and the approximate centerline of Downs Creek, RUNNING thence along land known and designated as Marsh Area"Map of Country Club Estates"and the approximate centerline of Downs Creek the following nineteen (19) tie-line courses and distances: 1. South 14 deg. 14 min. 16 sec. West 11.95 feet, 2. South 00 deg. 20 min. 26 sec. West 149.20 feet, 3. South 03 deg. 36 min. 24 sec. East 93.42 feet, 4. South 64 deg. 26 min. 34 sec. East 26.51 feet, 5. South 03 deg. 30 min. 56 sec.West 192.18 feet, 6. South 14 deg.23 min. 36 sec.West 122.47 feet, 7. South 05 deg. 11 min. 14 sec. East 28.46 feet, 8. South 37 deg. 58 min.26 sec. West 26.44 feet, 9. South 69 deg. 04 min. 46 sec.West 24.55 feet, 10. South 07 deg. 29 min.04 sec. East 68.97 feet, 11. South 88 deg.51 min.44 sec. East 42.40 feet, 12. South 37 deg.23 min. 24 sec. East 31.85 feet, 13. South 32 deg.36 min. 56 sec. West 110.72 feet, 14. South 36 deg.46 min.24 sec. East 31.05 feet, 15. South 80 deg.24 min. 34 sec. East 45.53 feet, 16. North 37 deg.40 min. 56 sec. East 51.88 feet, 17. South 67 deg.00 min. 24 sec. East 32.23 feet, 18. South 30 deg. 11 min.06 sec.West 82.39 feet, 19. South 00 deg. 26 min. 26 sec.West 74.47 feet to land now or formerly North Fork Country Club, Schedule C (continued) . Page 2 July 1, 1997 RUNNING thence along the approximate High Water Mark of Downs Creek the following six(6)tie-line courses and distances: 1. South 69 deg. 59 min. 32 sec.West 69.92 feet, - 2. North 38 deg.45 min. 36 sec. West 49.53 feet, 3. South 61 deg. 11 min. 28 sec.West 80.19 feet, 4. South 00 deg. 38 min. 14 sec. East 83.10 feet, 5. South 34 deg. 46 min. 35 sec. West 87.65 feet, 6. South 00 deg. 00 min. 33 sec. East 40.37 feet to a point; RUNNING thence South 88 deg. 46 min. 10 sec. West through land of the Town of Southold a distance of 838.28 feet to land known and designated as Lot 2, Minor Subdivision"Peconic Land Trusr, RUNNING thence along land known and designated as Lot 2, Minor Subdivision "Peconic Land Trust"the following four(4)courses and distances: 1. North 12 deg. 17 min. 18 sec. East 387.00 feet, 2. North 60 deg. 40 min. 52 sec. East 236.81 feet, 3. North 08 deg. 24 min. 31 sec. West 365.47 feet, 4. North 60 deg.43 min.05 sec. East 423.96 feet to the point or place of Beginning. CONTAINING an area of 19.5292 Acres. • • • Schedule D July 1, 1997 Surveyor's Description - Interpretive Center Area over Portion of Land Conveyed to the Town of Southold at Cutchogue,Town of Southold, Suffolk County, New York S.C.T.M. No.: 1000-1 16-1-P/0 3 ALL that certain plot, piece, or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Cutchogue, Town of Southold,County of Suffolk, and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Main Road(N.Y.S. Rte 25),said point being the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly line of land now or formerly William Jimenez and said point being situate 1419.76 feet westerly as measured along the southerly side of Main Road(N.Y.S. Rte 25) from the intersection of the southerly side of Main Road(N.Y.S. Rte 25)with the westerly side of Linden Avenue, RUNNING thence from said point of beginning along the westerly and southerly line of land now or formerly William Jimenez the following two(2) courses and distances: 1. South 16 deg. 11 min. 14 sec. East 146.16 feet, 2. North 75 deg. 03 min. 56 sec. East 69.73 feet to the approximate center line of Downs Creek and Lot 30 of Subdivision- "Map of Country Club • Estates"filed in the Office of the Clerk of Suffolk County as File Number 6737; RUNNING thence along the approximate centerline of Downs Creek and along Lot 30, and along land designated as Marsh Area on Subdivision-"Map of Country Club Estates"the following eleven(11)tie-line courses and distances: 1. South 01 deg. 54 min. 14 sec. East 38.99 feet, 2. South 24 deg. 52 min. 56 sec.West 17.05 feet, 3. South 28 deg.48 min. 16 sec. West 105.00 feet, 4. South 16 deg. 57 min.26 sec. West 40.01 feet, 5. South 00 deg. 15 min. 54 sec. East 69.14 feet, 6. South 15 deg. 03 min. 36 sec. West 58.93 feet, 7. South 33 deg.40 min. 54 sec. East 86.84 feet, 8. South 38 deg.26 min. 34 sec. East 82.01 feet, 9. South 00 deg.28 min. 44 sec. East 31.91 feet, 10. South 16 deg.39 min. 56 sec. West 64.33 feet, 11. South 14 deg. 14 min. 16 sec. West 125.94 feet to a point; RUNNING thence South 70 deg. 20 min. 31 sec. West through Land of the Town of Southold a distance of 433.16 feet to Lot 2, Minor Subdivision"Peconic Land Trusr; RUNNING thence North 10 deg. 59 min. 12 sec.West along Lot 2, Minor Subdivision "Peconic Land Trust" 713.51 feet to the southerly side of Main Road(N.Y.S. Rte 25); . RUNNING thence along the southerly side of Main Road(N.Y.S. Rte 25)the following two(2)courses and distances: 1. North 62 deg.08 min. 50 sec. East 234.55 feet, 2. North 65 deg. 10 min. 40 sec. East 288.16 feet to land now or formerly William Jimenez and the point or place of Beginning. • CONTAINING an area of 6.5106 Acres. P � R O P E R T Y R � E C O R D S • Ft. Corchaug Wins National Landmark Status In February, Ft. Corchaug in Cutchogue was designated a National 1940s and the 1960s. Some of those artifacts are housed in the Historic Landmark. Only 2,200 sites across the United State share the Smithsonian Institution in Washington, DC. Just 18 months ago, the site designation. A very rigorous review, sometimes taking many years, pre- was protected from development through a unique conservation collabo- cedes the final approval. According to Bob Grumet of the National Park ration between private individuals and organizations, Southold Town, Service, who guided Ft. Corchaug's application through the 9-year Suffolk County, the State and the Peconic Land Trust. The important process, a designated site must be "critical to the understanding of the Native American fort site, productive farmland, scenic woodland and broad patterns of history and culture in the United States." Others wetland were conserved in perpetuity. Now, this significant natural and involved in the application process were archaeologist Dr. Ralph Solecki historic resource on Down's Creek has joined the lofty ranks of the Statue and Lorraine Williams, who did limited excavations of the site in the of Liberty and the Empire State Building. United States Department of the Interior IWIj NATIONAL PARK SERVICE• D�Q�-0 a 1849 C Street,N.W. IN RFPLY RF3ER TO: Washington,D.C.20240 H3417(2280) JAN 2 1 1999 Ms. Jean W. Cochran, Town Supervisor Southold Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Dear Ms. Cochran: I am pleased to inform you that the Fort Corchaug Archeological Site in Southold, New York has been found to possess national significance in the history of the United States. As a result, the Secretary of the Interior designated this property a National Historic Landmark on January 20, 1999. The purpose of landmark designation is to identify and recognize nationally significant sites and to encourage their owners to preserve them. Landmarks are chosen after careful study by the National Park Service. They are evaluated by the National Park System Advisory Board and designated by the Secretary of the Interior in accordance with the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966. • Designation as a National Historic Landmark automatically places a property in the National Register of Historic Places, if it is not already so listed, and extends to it the safeguards and benefits provided by the National Historic Preservation Act of 1966 and other Federal laws protecting historic properties. Each Landmark is eligible to receive one bronze plaque to commemorate the property's designation. You will shortly be contacted by a National Historic Landmarks coordinator for your area about applying for your plaque. If you have any questions about the plaque or the designation prior to that time please contact Ms. Patty Henry of the National Historic Landmarks Survey at 202/343-8163. We are pleased to include the Fort Corchaug Archeological Site on the roll of National Historic Landmarks as significant representatives of our Nation's heritage. Sincerely, "J41� Carol D. Shull Chief, National Historic Landmarks Survey and Keeper, National Register of Historic Places JAN2 51999 D I77,7 -- Or'gCE TOWNU I. 0 SOJTHOCGY -.c o�OgOFF0j f0 O ELIZABETH A.NEVILLE Town Hall, 53095 Main Road • TOWN CLERK p P.O. Box 1179 CID 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS O Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER y�o! �aO� Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT THEIR REGULAR MEETING HELD ON JUNE 23, 1998: RESOLVED that the Town Board of the Town of Southold hereby accepts the recommendation of the Fort Corchaug Management Committee that the site formerly known as the "Baxter property" be known forthwith as "Downs Farm Preserve". • Elizabeth A. Neville Southold Town Clerk June 24, 1998 • LCLrrI, I'nAs PLANNING BOARD MEMBERS any O� Town Hall, 53095 Main Road BENNETT• Oirrnan I.JR. o - P.O. Box 1179 Chairman - n L � Southold, New York 11971 WILLIAM J. CREMERS ti = Fax (516) 765-31:36 KENNETH L.EDW.ARDS1�,�� ��' GEORGE RITCHIE LATHAM,JR. 1 Telephone (016) 765-1935 RICHARD G.WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 10, 1997 Timothy J. Caufield Peconic Land Trust 296 Hampton Road P.O. Box 2088 Southampton, NY 11969 RE: Proposed Minor Subdivision for William J. Baxter and the Peconic Land Trust, Inc. (a.k.a. Fort Corchaug Property) SCTM# 1000-116-1-3 • Dear Mr. Caufield: The following took place at a meeting of the Southold Town Planning Board on Monday, June 9, 1997: The following resolution was adopted: WHEREAS, on June 2, 1997, the Planning Board received the application materials to subdivide the 104.0270 acre parcel owned by William J. Baxter Jr. and the estate of William J. Baxter into three (3) lots; and WHEREAS, the Peconic Land Trust has prepared a limited Development/Conservation Plan for the 104.0270 acre parcel using a variety of private and public conservation tools toward the protection of a significant archaeological site, active farmland, and pristine woodland with limited residential development; and WHEREAS, Lot 1 is proposed as a 15.3905 acre wooded parcel that the Peconic Land Trust is under contract to sell in January of 1998 subject to a reserved easement reducing the development potential of the property to one residential unit; and WHEREAS, Lot 2 is proposed as a 37.6366 acre parcel, a major portion of which the Peconic Land Trust is negotiating for the development rights to be purchased by either Suffolk County or the Town of Southold; and • Baxter/Peconic Land Trust, Inc. June 10, 1997 • Page 2 WHEREAS, Lot 3 is proposed as a 51 acre parcel to be conveyed to the Town of Southold, and as set forth in the Town Board resolution dated May 27, 1997, the Supervisor has been authorized and directed to execute any and all required documents for the acquisition of said property; and WHEREAS, as detailed in a letter from his attorney, Charles R. Cuddy, dated May 29, 1997, William Baxter Jr., on behalf of himself and the estate of William J. Baxter, has agreed to withdraw the pending seventeen (17) lot proposed subdivision for the property; be it therefore RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated May 27, 1997. Further, the following resolution was also adopted: WHEREAS, the Planning Board has determined that the proposed subdivision plat, which allows for the preservation of the property through a joint acquisition effort of Town Purchase, purchase of development rights and the use of conservation easements, is a plan which provides for the protection of the archeological resources which were of prime concern during the Planning Board's review of the original seventeen lot proposal; and • WHEREAS, the Planning Board has determined that the proposed subdivision will not have a significant adverse impact on the environment; be it therefore RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance and grants a Negative Declaration. Further, the following resolution was also adopted: BE IT RESOLVED to adopt the report dated June 4, 1997, from the Suffolk County Planning Commission with the following amendments: 1. Condition Number 3 is to be omitted. Any construction or activity which would adversely affect the archeological integrity of the site is addressed by the joint acquisition effort of Town Purchase, purchase of development rights and the use of conservation easements. 2. Condition Number 5 is to be omitted. Access to Lots 2 and 3 shall be subject to review and approval by the NYSDOT. • Baxter/Peconic Land Trust, Inc. June 10, 1997 10 Page 3 3. Condition Number 9 is to be omitted. Any construction or activity which would adversely affect the site is addressed by the joint acquisition effort of Town Purchase, purchase of development rights and the use of conservation easements. The final public hearing, which was held at 7:05 P.M. was closed. The following resolution was adopted: WHEREAS William J. Baxter Jr. and the estate of William J. Baxter are the owners of the property known and designated as SCTM# 1000-116-1-3, located on the south side of Main Road and the north side of New Suffolk Road in Cutchogue; and WHEREAS, this proposed minor subdivision, to be known as Minor Subdivision for Peconic Land Trust, is for 3 lots on 104.0270 acres as described in the Planning Board's resolution granting sketch plan approval; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8, Part 617) declared itself lead agency and issued a Negative Declaration on June 9, 1997; and WHEREAS, the final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on June 9, 1997; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED that the Southold Town Planning Board grant conditional final approval on the surveys dated May 27, 1997, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition (s). All condition(s) must be met within six (6) months of the date of this resolution: 1. Submission of five final maps, all containing a stamp of approval from the Suffolk County Department of Health. Please feel free to contact the office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. �NS Chairman Baxter/Peconic Land Trust, Inc. June 10, 1997 • Page 4 cc: Charles Cuddy, Attorney for William Baxter Jr. Jean Cochran, Southold Town Supervisor Town Board Members Southold Town Landmark Preservation Commission Joe Gold, Southold Town Land Preservation Committee Stephen Jones, Director, SC Department of Planning William Peters, Cutchogue-New Suffolk Historical Council Abagail Wickham, Attorney for Russell McCall enc. • • GH SALES R. CUDDY jTTORNFY �T LAW o. O.HOY lo-t] TEL: 516i JOF}8300 RIFER HEA D. VY ll fJOL _iY-�016i OPa}9090 May 29 , 1997 Southold Town Planning Board Town Hall Southold, New York 11971 This is to confirm our understanding that William J. Baxter Jr. has agreed to withdraw the existing subdivision application pending before the Planning Board upon the specific condition that the Board approve, not later than June 30 , 1997 , a subdivision of the parcel proposed by Peconic Land Trust into two or three lots , one of which is to be conveyed to the Town of Southold. This is to confirm that the owner, William J. Baxter Jr. indiv- idally and as co-executor of the Estate of William J. Baxter has • granted permission to Peconic Land Trust to proceed with the subdivision as above indicated. In the event that the two or three lot subdivision as referred to is not completed by June 30 , 1997 , as evidenced by a resolution of the Planning Board, then it is the specific understanding of William J. Baxter Jr. individually and as co-executor of the Estate of William J. Baxter that the existing subdivision application and all of the proceedings in connection with that application will be reinstated. If this is not the understanding of the Planning Board or if you have any questions whatsoever concerning the contents of this letter, please promptly contact me. Thank you. Very truly yours, Charles R. Cuddy CRC/ec F�- % C i -- i VFF04� JL-DITH T. TERRY �O yOG' Town Hall, 53095 `.fain Road • TOW-1I CLERK _ ?.0. Box 1179 v, $ Souchoid, New York 11971 REGI5TR_-.R.Or'VITAL STATISTICS U - _�L1RRL,GEOFFICER ® 0� Fae !5161 i65-1823 RECORDS NLA:NAGEMEMT OFFICER 0! �,� % Telephone (516) 765-1800 FREEDOM OF IVrOR:YLATION OFFICER = _ OFFICE OF THE TOWN CLERK TOWN OF SOtiTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON MAY 27, 1997 : WHEREAS, the Town Board of the Town of Southold wishes to purchase the open space property of 'William J . Baxter, Jr. ; and WHEREAS, the Town Board held a public hearing with respect to said acquisition on the =7th day of May, 1997, pursuant to the provisions of the Southold Town Code; and WHEREAS, the Town Board deems it in the public interest :hat the -own of Southold • acquire the open space as set forth in the proposed acquisition between the Town or Southold and Miliam J . Baxter, Jr. ; now, therefore, be iz RESOLVED that the Town Board hereby elects to purchase the open space property of 'William J . Baxter, Jr. , comprising 51 acres, at a sale price of 52.3,500.00 per acre; said property located on the south side of NYS Route 75, Cutchoaue, ;New York; and be it FURTHER RESOLVED that the Town Clerk be and she hereby is authorizes and directed to give notice of such acceptance to 'William J . Baxter, Jr. ; and be it FURTHER RESOLVED that the Supervisor be and hereby is authorized and directed to execute any and all required documents for the acquisition of saidproperty, all in accordance with the approval of the Town Attorney. ' �i Judith T- Terry Southold Town Clerk • May 28, 1997 COUNT( OF SUFFOLK ROBERT J. GAn. CY SUFFOLK COUNTY e.{ECU'VE C.E?HEY M. JCNE3. A.I.C.P. CEPARTMENr OF PLANNING OIREC:OR OF PannlnG June 4, 1997 Mr. Richard G. Ward, Chairman Town of Sou;old Planning Board Main Road Southold, New York 11971 Re: ":Minor Subdivision - Peconic Land Trust" Dear Sir: T'ne Suffolk County P!anrun; Commission at its regular meeting on Jure 4, 11)97, reviewed • the proposed subdivision plat. entitled. "Minor Subdivision - Pecorue Land Trust'% referred to it pursuant to Secnon rt i 24, Article X—IV of the Suffolk County Administrative Cod-t. T'ne attached Resolution signifies action taken by the Commission relative to this application. Very ugly yours, Stephen M. Jones j Director of Planning by R", _ Robert E. Riekert, Principal Planner Subdivision Review Section RER:cc File: S-SD-97-02 Attachment • a.C,OMITR wryONRR�TR w O .__ n.. - -: a - .. .. a -.1..'- .. i- • File No. S-SD-97-0^ Resoiudon No. ZSR-97-�0 of Suffolk County Planning Commission P!muant to SCc tions A14?4. Article XIV of Suffolk County Administrativ.. Code WHEREAS, pu-suant to SKections A14-24. Article XIV of the Suffolk County Administrative Code, a referral was received by the Suffolk County Planning; Commission on lucre 3, 1997. with respect to a proposed plat entitled, "Minor Subdivision - Peconic Land Trust" submined by the Town of Southold Planning Board, affecting;premises located on the northerly side of New Suffolk Avenue, opposite Beachwood Drive. Cutchogue, and 'A,HEPWAS, sold referral was considered by the Suffolk County Planning Commission at its mdno on lune 4, 1997, and 'WHEREAS, the Consnission has voted to approve, with certain changes. said referral, Be It Therefore RESOLVED, -rh-t -he Suffolk Cnuu:y Planning Commission hereby approves Sad adopts the • report of its staff as the report of the Com iisslon, Be It crusher RESOLVED, that said proposed pial is approved subject to the following conditions: \o lot shall be subdivided or its lot lines changed in any manner at tiny future date unless authorized by the Southold Town Planning Board. Since this tract has the potential to be further subdivided, any subdivision of any part of this tract in the future shall have a map of the subdivision filed in the office of the County Clerk. 3. That portion of lot 3 containing the area of archaeological significance shall be protected by means of a restrictive covenant precluding any construction or activity which would adversely affect the archeological integrity of the site. 4 11 stomtwater runoff resulting from the development and improvement of this subdivision or any of its lots shall bit retained on the sit: by adequate drainage structures so that it will not flow out onto the right-ol=way of Main Road. a state road. in order to minimizc the number of access points on Main Road, and the insure .1'at t".ere w;1:1 ;tot be any conflicts between the points of access that are • rczted lots = and = shall be rtstricred toa single point of access for each lot. Consideration shall be given to establishing, through th. creation of ease_ .eats. corn-anon use of a common access point- • C. No neNti rCsidert'al st7ucture Or saritary disposal faeiliry shall be consm_cted or othervise located vvithin 100 feet of Down's Creek. No storrni ,titer runoffr,sultino from the development and improvement of the subdivision or any of its lots shall be discharged ¢no the adjoining wetlards. 3. Erosion and sediment control measures shall be required during and immediately after construction on each lot to insure that storrzwater runoff will not carry eroded and other deleterious materials into Down's Creek and the tidal wetlands bordering the creek. 9. A conservation or scenic easement having a rninimum width of 100 feet shall be established along the shoreline of Down's Creek to insure that no development adverse to rhe aesthetic quality of the shoreline will rake place along the shoreline. Clearing and cutting within this area shall be limited to that necessary for proper maintenance and removal of diseased. decayed or dead material and obnoxious plant species. Such clearne and cutting shall be subject to review by the To.vn to insure proper maintenance and preservation of the natural buffer • Mot�on by: Comrtnissioner Cichano%kiez Seconded by: Commissioner Rosavitch Commission Vote: Present - 13 Yeas 13 Nays 0 Abstentions 0 Dated: June 4, 1997 Hauppauge, New York Suffolk County:Planning Commission q.%RESOLUAIJUNW097-09.JUN • �gUF;Ji t'c - PL.ANNING BOARD MEMBERS BENNETT ORL JR. �= Town Hall, 53095 Main Road Chairman P O Box 1179 1m Southold, New York 11971 WILLIAM J. CREbIERS �✓ �- KENNETH L. EDWARDS Fax (516) 765-3136 �'r/ �' -� GEORGE RITCHIE LATHAM,JR. _ �� [ �� Telephone (516) 765-1938 RICHARD G.WARD -_-- ---- PLANNING BOARD OFFICE TOWN OF SOtiTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant June 9, 1997 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. • Name of Action: Proposed minor subdivision for William J. Baxter/Peconic Land Trust (a.k.a. Fort Corchaug property) SCT M#: 1000-116-1-3 Location: South side of Main Rd. & North side of New Suffolk Ave. SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No ( X ) Description of Action: Subdivision of 104.0270 acre parcel into 3 lots. A limited Development/Conservation Plan has been prepared by the Peconic Land Trust for the 104.0270 acre parcel using a variety of private and public conservation tools toward the protection of a significant archaeological site, active farmland, and pristine woodland with limited residential development. Lot 1 is proposed as a 15.3905 acre wooded parcel that the Peconic Land Trust is under contract to sell in January of 1998 subject to a reserved easement reducing the development potential of the property to one residential unit. • Page 2 SEQR Negative Declaration -Baxter/Peconic Land Trust is June 9, 1997 Lot 2 is proposed as a 37.6366 acre parcel, a major portion of which the Peconic Land Trust is negotiating for the development rights to be purchased by either Suffolk County or the Town of Southold. Lot 3 is proposed as a 51 acre parcel to be conveyed to the Town of Southold, and as set forth in the Town Board resolution dated May 27, 1997, the Supervisor has been authorized and directed to execute any and all required documents for the acquisition of said property. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The proposed subdivision plat, which allows for the preservation of the property through a joint acquisition effort of Town Purchase, purchase of development rights and the use of conservation easements, is a plan which provides for the protection of the archeological resources . The applicant will have to comply with the requirements of the Suffolk County Sanitary • Code (SCSC) and all relevant standards of water supply and sewage disposal systems. Design and flow specification, subsurface soil conditions and site plan details will have to be approved by the Suffolk County Department of Health Services (SCDHS). This impact is not considered significant due to the anticipated project compliance with established requirements of the SCSC and the SCDHS and the required relevant permits. For Further Information: Contact Person: Melissa Spiro Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Suffolk County Water Authority New York State Dept. of Transportation Judith Terry, Town Clerk Southold Town Trustees Applicant • L � O C A L H I S T R Y NEW HAMPSHIRE VERMONT FORT CORCHAUG ,� �� Wueern AbevW �� I / MASSACHUSETTSN \ plrKguAt• \ Nlpmuet- CM I \ I ) RHODE my ISLAND WABIPANOAG r s'r.�( T i�`�� I \\\I CONNECnCUT •g •1U (C ek "x' —'--y.�"'� v_ I y J ` Pe9oolMohePn N^r�9tur+m. a I •5.3e•r Nmauc¢e y, •6 9 Irxm I �.r 2� 11 IduWr'e C •^� �.C� � c • • r 2 4 0 811ed vmy.a 12 t j _ Atlantic Ocean o t.. r THE CORCHAUG'S NEIGHBORS Evidence suggests that many other tribes were represented in the ' blood line of the North Fork natives. This map indicates the many nearby peoples in close contact with them. 1. Quiripis 7. Quinebaug A Brief Perspective on Its Origins 2. Quinnipiac 8. Narragansett by 3. Mohegan 9. Saconnet 4. Hammonasset 10. Wampanoag Paul Hunter 5. Pequot 11. Gayhead 1997 6. Niantic 12. Nantucket � rri r r ilk i bre `'tb ) ra'�y p� N rPn v� a as. r'4 K Hall's Creek- North. Down's Creek- North. rig&4K •. ^' @llama. �N Y4� q r,- Hall's Creek- South. Down's Creek- South. INV a sword and possibly armor. Brass and Southold Indian Museum Leaflet #Z copper items including a jew's-harp were also found. Several metal Indian 4 projectile points(arrow heads)suggest that when these trade goods wore out, the material was recycled into traditional ei tools. The remains of European trade ceramics and kaolin pipes were found in Lquantity. It seems that the fort may have FORT U r o served as a trading center for both the t w -a ^. Dutch and the English in the mid 17th CORCHAITG e e Century. By 1662, however, historic C V .^. A. evidence shows that the fort was abandoned. .41 w` The native population of North America Cutchogue, LI, NY had no immunity to the diseases brought by the Europeans such as small pox, rn measles and influenza. The indigenous population of Long Island contracted .E6 PW drastically following contact with A a Europeans. e d V v by Ellen N. Barcel, Vice President Museum and Library Hours: Year Round: Sunday 1:30-4:30 PM (except Christmas, New Year's Day and Easter) Summer: Saturday and Sunday 1:30.4:30 PM c 1997,Im t.1.Chopw NYork StW Ar MUSEUM aka Groups: Call for appointment. Bxyvxw a„d(PO Box 264 Smnhol4 NY 11971 516-765-5577 FORT CORCHAUG Long Island, was occupied by Native northern end of a Corchaug village. The Cutchogue, Long Island, NY Americans for hundreds of years before eastern side of the fort appears to have Europeans arrived, and possibly much had a double stockade, possibly for Background: longer. The site was perfect for the protection from the weather. gathering of shellfish as well as fin fish. When Europeans settled Suffolk County In addition, several fresh water springs Woodland Indians of the time combined (Long Island, New York) in the 17th provided drinking water, making it an a mixture of hunting(deer and other small Century they found an indigenous ideal settlement area. animals with bow and arrow), fishing and population whom they referred to as fanning (corn, beans and squash being the Indians. These Native Americans had a The stockade apparently was built native "Three Sisters") together with number of stockaded areas which the before European settlement. Study by Dr. gathering (wild berries, nuts, herbs, etc.) colonists called forts. At least five have Ralph Solecki suggests that the native for their subsistence. Food was stored and been identified. population on eastern Long Island was cooked in clay pottery. Typical Woodland linguistically related to the Indians of Indians lived in individual wigwams Historic records tell us that one, Rhode Island and Connecticut. This is constructed of saplings, reeds and Manhansett Fort, was located on Shelter confirmed by the pottery found at Fort occasionally animal hide. Clothing and Island. To date, archaeologists have not Corchaug which closely resembles Fort moccasins were sewn of buckskin. Horses been able to locate this site. Two others, Shantok pottery from Connecticut. It is were unknown on Long Island before the Shinnecock Fort and Montauk Fort, both known that many Native American groups coming of Europeans. Instead, Indians on the South Fork of Long Island, have used signal fires for communication. walked over known trails on land and been destroyed by development. A fourth, Since the forts on the South Fork were made extensive use of canoes along the Fresh Pond Fort, also on the South Fork, built on hills, it would have been possible coast. had already fallen into decay at the time for them to see signal fires built at of European settlement. It was referred to Cutchogue or Shelter Island. This adds In addition to the remains of as the "Old Fort," by the Indians of weight to the belief that there was a embankments which enclosed the fort site, Montauk. Only the site of Fort Corchaug, connection between the Rhode archaeologists have found pottery and located on the North Fork, has been Island/Connecticut area and Long Island. wampum which may have been made at preserved. the site. This is suggested by the wampum Fort Corchaug itself was built on a beads and the remains of whelk shell Fort Corchaug: nearly north-south orientation. The columns found. In addition to native stone stockade enclosed an area of and bone tools, European trade goods Archaeologic evidence suggests that the approximately three-quarters of an acre have also been found such as flint and area around Downs Creek, Cutchogue, and appears to have been built at the pieces of iron which appear to be parts of N � E W S A R T I C � L E S • CMAs t. 71 41 M w E r 1 � �( .Jt,l• Til. . ar Pr Y Y \ .. I ^}F F ..+•-a"'� .. N"BaRY Pho�os �. r. • ^" Above, the remains of Fort Corchaug sit near the tree line along a salt oreelrla Cutcheoue.At left,a sketch by New Suffolk artist Teresa Shaw depicts the toA as , nwmwm by T„„a ens. a palisaded quadrangle with nearby wigwams and dugout canoes. Archeologists,.hope a buried fort will reveal new secrets of Indian civilization The Pirornise ­ofCorchau BY STEVE WICK - '-, early 1800x, and 'when I,;talked to:the knew held potential as an archeological - shells.During a summer of digging,Bo- _f4 ' ' --1'amilftliey"' std stories about the fort site. But it was the Rat land where the lecki found Dutch trade goods on the eep in the woods�alon ids had been passed down through the gen- fort once sat that intrigued him. -_ site,which, he said, suggested that the aratio- :It's clear now that the site was In the stillness alongside the creek, fort may have been connected to a vast a salt creek on the North abandonedaffe+the English came tothe Solecki could-vividly imagine the dis- trading system that channeled warn- Fork, history 3a,buried area.The loge would have fallen down tant past--the four walls of the fort pum from the Peconic Bay to the Dutch under a carpet of top soil and rotted away.Luckily,the family had built as a refuge for the Indiana, the in New Amsterdam. Near the ancient Dand decayed-leaves. cattle on the site;which had probably salt creek on one aide, farm fields on Indian well, Solecki found arrowheads The history alongside a creek in Cat- never been plowed.It was a miracle it the other side. "It seemed incredible to more than 1,000 years old. chogue is unlike anything that exists in had not been destroyed by farming prat- me on that day, and it still holds true Today,the site and 105 acres around the Northeast. It is more than 360 . „ years old, and is mostly untrampled, ticee. today,that this site was untrampled." it — an area called Fort Neck in old There were others like it at one time on Standingbythe creekthatday,Solecki Solecki came back in the late 19408 to Southold Town records— will be pre- Ther creeks and woodsy Mlle time n ` could make outalow,roundedbermthat 'write his masters thesis on the site, served under an accord signed last July. otheyi but they are all gone now. protruded from the ground and ran per- What he found then,he said,convinced According to a plan submitted in June, What once eat in these verdant woods pdndicular-to the creek.*The berm, he him that the tort was built with the help the Peconic Land Trust,a nonprofit con- was slog fort built by thee-Indiana who thought;probably anchored one wall of of Europeans as a defense against attack' servation group, bought the site from lived on the North Fork the time o, thd,fort:Just south of the fort was the from Indiana from New England, who William Baxter of Stamford, Conn.,for contact with English coloniats'who ar remains of an ancient well, which he 'traveled to eastern Long Island tocollect $1.2 million. A Georgia businessman, rived in the late 1630s.When they poked ; ' ' '`'" ` " Russell McCall,agreed to buy back part into the woods alongside the creek,the of the tract from the Land Trust for English found a fort made o£logs,rough' $800,000.Plane for the fort site include , ly rectangular in shape,-and enclosing an interpretive center,and a study cen an area of less than three`acres. All ter for archeologists and students. aroundWhen the site is acquired, archeolo- that fed it were the corn and bean fields'.: ata have said the would like to be that fed the Indiana. � Y gin Today, 3Yz centuries later the ae gz serious work.They have excavated little more than 10 percent of the 105-acre trete of Fort Corchaug, as the site ' `'. y'. tract.There may be a burial called,are hidden away underground"'-.' r Y ground and "It is the rarest of rare," said Ralph , the site of an ancient village in the woods Solecki,a Texas-based archeologist whop and fields alongside Downs Creek. But grew up a quarter-mile from the site in a'`. just as it is,the historical importance of house in Cutchogue. "There is ncthing,t .the fort is clear. else like it anywhere in the region'be "There weren't that many forts along cause the other 17th-CenturyIndian -- the eastern seaboard that can be' docu- mented ocu- forte have been lost.It a wonder." aving been built by Native As a child, Solecki began finding Americaneh n the Seventeenth Can- arrowheads in farm fields around his tury;" said Lorraine Williams, curator Q house.As a teenager,he read an article": of archeology at the New Jersey State M that said a log fort had been built by the Museum in Trenton.She excavated part R Indians in the late 16306 alongside a".' of the site in the 19609: 8 Cutchogue creek was latei-abandonedA Work at the site could fill in missing a and lost16 time.In the summer of 1935;'" chapters in Long Island's extraordinary ❑ Solecki went looking on a nearby creek, Indian history. but found nothing promising. Than an "To me, it's not a matter of arrow- amateur archeologist told him to look on heads,"said Elizabeth Hale, a member ❑ the west side of Downs Creek of the Shinnecock community in South- right w £ where he said If ampton."It's a matter of a social system z ��waV.—ft�d ecih''aaid. "TAl Ya[ ''?I.10 5 is ,uf;ylited for thoueands.of. ears be- mice-eat vn-w83 }iea-bw�fo b "the -R �odbirm" ;3h WOO bRlAdildtlll"TJ�I¢ISlena dFihd eorahau¢'an inviS�=��osk-��-�d diecgv-eF�d us." Downs family. They'd had it since the among those Interested In at will be found when archeologists dip at the 108-scre tract. Sunday Eurppean Explorers Arrive PECONIC LAND TRUST NEWSLETTER VOLUME 9, NUMBER 2 FALL 1997 Fort Corchaug Protected In a unique collaboration orchestrat- been achieved for $25 million, of which of all of those who have supported the ed by the Peconic Land Trust involv- $1.5 million was provided by the public acquisition of this magnificent piece of mg private individuals, nonprofit sector with the balance from private inter- property." organizations, Southold Town, Suffolk ests. According to John v.H. Halsey, County,and New York State,an important Southold Town Supervisor Jean Cochran President of Peconic Land Trust,the pro- Native American fort site, productive praised the perseverance and hard work of ject is a realistic model for collaborative farmland, scenic woodland and wetland all the participants in turning the dream conservation efforts between individuals, have been conserved in perpetuity. This into a reality. "The preservation of this government, and private organizations. significant natural and historic resource, beautiful property could not have occurred "While government initiative is impor- 105-acres located on Down's Creek in without the cooperation and efforts of both tant, there is a limit to what public fund- Cutchogue, was considered for acquisi- the public and private sectors. The realiza- ing can do to protect our environment and tion in 1991 with $3 million of public tion of this dream is of historic importance, the rural character of the Eastern Long funds. Six years later,the same result has and it will stand as a testament to the vision continued on next page Fort Corchaug Protected(continued from page 1) ing $200,000 provided Island. It is absolutely essential for through a grant from New `~}•" . .. communities and private, conservation- York State Office of Parks ' minded individuals to come forward and and Recreation, Bernadette + participate in the process. We were most Castro, Commissioner. In t w fortunate, in this instance, to work with addition, charitable contri receptive landowners, the Baxter family, butions from the Cutchogue and to have the concerned interest and Historical Society and local funding from Russell McCall,the Town of resident Russell McCall Southold, Suffolk County, New York enabled the Trust to pur- State and the Cutchogue/New Suffolk chase the remaining 54 ..3 >,..v... Historical Council. Each participant in acres. A letter of credit this project brought a critical piece of the issued by Bridgehampton puzzle to the table, and we can all be National Bank will enable Jean Cochran,Southold Town Supervisor and William Baxter, proud of the result." the Trus[ to carry the prop- former owner of the Fort Corchaug site, admire Native The Town of Southold purchased 51 erty for six months, at American arrrowheads discovered on the property. acres for $1.2 million from the William which time it will be con-- Baxter family,owners of the 105-acre site. veyed to Russell McCall, $1 million of this money came from the subject to a conservation easement held finite public dollars with private conserva- Town's open space fund,with the remain- by the Trust. The project was completed tion techniques towards the realization of at the county level with the goals of private landowners, as well Suffolk's purchase of develop- as the aspirations of communities to ment rights from the Trust on preserve their character. the 35-acre farmland portion. The Town of Southold will convey a conservation ease- ment to the Trust on the 51 .t acres to protect the natural and archaeological resources in .` perpetuity. At a time when development pressure has increased dramat- ically on Long Island,the Fort Trust lice President Tim Caufield (at right) with Jean Corchaug project illustrates Cochran, Southold Town Supervisor and Russ McCall, the benefits of public/private new owner of the Baxter(and. partnerships that leverage i Ui aum,s cxasx I I II I 104.1072 acres WILLIAM I. BAXTER ��✓ x. Pewnic iaua'nuet rceo°ue.rowry or SOUTHOLD CONCEPT PLAN eo..wa T aurvo�K couxry wvonrc X161 a Jnr ii�+a page 2 2 � 0 0 4 A E R I A � L • X004 AERIAL VIEW + NYS Rt 25 4 r. r \ Jit" _ w Town of Southold Development Rightsit 4w.Linden .....r,.,; 1" �ii�a . i y�r;: � '"��.� 1 ... Avenue a tw DOWNS FARM , ►=� PRESERVE 1000-116.-1-3.3 PLT Conservation .. . y Easement 2 i Downs � Creek ' �I y l � ]� PLT ... ( e Conservation Easement .0? S • U R V E Y • • Young & Young, Land Surveyors All 400 0a1rapder AUC)IUC, Riuerhead, Ncw 1"ar-k 11901 - 0uaq 516-727-2303 abe"s Rn9 Alden W. 3'mP 6 & LS (7908-190+1) �s Hmu ir and )bv�a La,ul .Stier ueyor _ t Than eax C 190 E?Eyert, f�. La,ional u,,., er Ke�1W,n F Abru..ao, LasS S,Ay.,, Jahn Selwucr'r, Lavr.d Suroc�or I LINDEN AVENUE i p m Subdrvislon - "Mal- if C, .try Club Estates" Lot 30 Suffolk Co Flle No. 6737 0 now or formerly North Fork Country Club ITS, E _ �p s N CD. n,�' sJ o 954124'52'56' W S 00'28'440. 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