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HomeMy WebLinkAboutExxon Mobil Oil Corp 1001-7::5 1, 9 Baseline oeurn� nt1w Premises: Corner of 4th & Clark Streets Greenport, New York 2.053 acres Conservation Easement EXXON MOBIL OIL CORPORATION to TOWN OF SOUTHOLD Easement dated December 7, 2012 Recorded January 16, 2013 Suffolk County Clerk - Liber D00012717, Page 622 • SCTM #: 1001-7-5-19 Premises: corner of 41h & Clark Streets Hamlet: Village of Greenport Purchase Price: -0- (easement donation) CPF Project Plan: Yes Total Parcel Acreage: 2.053 acres Conservation Easement: 2.053 acres Zoned: R-2 Existing Improvements: chain-link fencing DESCRIPTION • LAND The subject consists of a parcel of vacant land. The property has an area of 2.37#acres. It has 420±'of frontage along the easterly side of 4th Street,a northerly boundary of 270.23±,of which,the westerly 157t' runs along a paved section of Clark Street,thence southerly 677.76±' (irregular)along Greenport Harbor. It has a generally level topography and is at grade with the abutting road. The property is ligtly wooded. The above dimens%ins are taken from the Suffolk County Tax Map and a survey of the subject. 'I have Included a.copy of the Tax Map and survey in the addenda to this report. Utilities(electric,water,sewer and telephone)are available along Clark Street and 4t'Street, iwhich are two-way, publicly maintained,macadam-paved roads. IMPROVEMENTS The subject is improved with chain link fencing. The site was formerly in use as a gasoline/oil terminal. All improvements associated with this use have been removed. PRESENT USE AND OCCU.IAA The subject parcel is primarily vacant land which is unoccupied and returning to a natural state. • LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING T t A X M A P L O � C A T I O N • w A�D 14 o � , S` - \ BROWN u I, N ] 2 14 t I WSALOI.S 6 ] a to 4 I 1 l , O O ] o w a n! J is n CLAM ST.CLAM ,6 Glum is ,. 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T .'k �- npatw4 K , -,.. :� ,!wr. _._.-- '. .. .. :: .. ,. _.,>••tswnt-v.M!res .....- ._.._ -P FRfJPLBtC MW,: P � U B L I C H E A � R I N G • W® RESOLUTION 2012-197 +.mot ADOPTED DOC ID: 7609 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-197 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 28, 2012: RESOLVED that the Town Board of the Town of Southold hereby sets Tuesday,March 13, 2012, at 7:32 p.m., Southold Town Hall, 53095 Route 25, Southold, New York, as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6f acres from Exxon Mobil Corp.,the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel identified as SCTM #1001-7-5-19 is located within the Incorporated Village of Greenport at the southeast corner of Fourth Street and Clark Street in Greenport,New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shoreline. The Peconic Land Trust is working with Exxon Mobil to facilitate a conservation outcome for this property whereby the Town of Southold would hold a conservation easement, the Village of Greenport would potentially be a party to the easement to • enforce the conservation easement, and the restricted fee title of the property would potentially be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide opportunities for ecological restoration, passive outdoor recreation and education on the site. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid for using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold,New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Christopher Talbot, Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell • • LEGAL NOTICE NOTICE of PUBLIC HEARING NOTICE IS HEREBY GIVEN that Town Board of the Town of Southold hereby sets Tuesday, March 13,2012, at 7:32 p.m., Southold Town Hall, 53095 Route 25, Southold,New York, as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6± acres from Exxon Mobil Corp., the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel identified as SCTM#1001-7-5-19 is located within the Incorporated Village of Greenport at the southeast corner of Fourth Street and Clark Street in Greenport, New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shoreline. The Peconic Land Trust is working with Exxon Mobil to facilitate a conservation outcome for this property whereby the Town of Southold would hold a conservation easement, the Village of Greenport would potentially be a party to the easement to enforce the conservation easement, and the restricted fee title of the property would potentially be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide • opportunities for ecological restoration, passive outdoor recreation and education on the site. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid for using Community Preservation Funds. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcels of land are on file in the Land Preservation Department, Southold Town Hall Annex, 54375 Main Road (Route 25), Southold,New York, and may be examined by any interested person during business hours. Dated: February 28, 2012 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON March 8, 2012 AND FORWARD ONE (1)AFFIDAVIT OF PUBLICATION TO ELIZABETH NEVILLE, TOWN CLERK, TOWN HALL, P.O. BOX 1179, SOUTHOLD, NY 11971. Copies to the following: The Suffolk Times Town Board Members Town Attorney Land Preservation Comptroller Town Clerk's Bulletin Board Website SOUTHOLD TOWN BOARD PUBLIC HEARING March 13, 2012 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman Albert Krupski, Jr. Councilman William Ruland Councilman Christopher Talbot Councilwoman Jill Doherty Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 8:02 PM COUNCILMAN TALBOT: NOTICE IS HEREBY GIVEN that Town Board of the Town of Southold hereby sets Tuesday, March 13, 2012, at 7:32 p.m., Southold Town • Hall, 53095 Route 25, Southold,New York, as the time and place for a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6t acres from Exxon Mobil Corp., the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code of the Town of Southold. The parcel identified as SCTM#1001-7-5-19 is located within the Incorporated Village of Greenport at the southeast corner of Fourth Street and Clark Street in Greenport, New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shoreline. The Peconic Land Trust is working with Exxon Mobil to facilitate a conservation outcome for this property whereby the Town of Southold would hold a conservation easement, the Village of Greenport would potentially be a party to the easement to enforce the conservation easement, and the restricted fee title of the property would potentially be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide opportunities for ecological restoration, passive outdoor recreation and education on the site. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid for using Community Preservation Funds. • FURTHER NOTICE is hereby given that a more detailed description of the above Exxon Mobile Conservation Easement Public Hearing 2 March 13, 2012 mentioned parcels of land are on file in the Land Preservation Department, Southold • Town Hall Annex, 54375 Main Road (Route 25), Southold, New York, and may be examined by any interested person during business hours. I have a notice that it was posted on the Town Clerk's bulletin board on March 2, 2012 and notice that it was posted in the Suffolk Times on March 8, 2012. That is it. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular local law? COUNCILMAN KRUPSKI: Or come up and take a look at the map. The location is marked on it. JEAN COOPER: Jean Cooper, my address is 414 Clark Street in Greenport. I was just, I don't have too much information about the progress of the discussions with Mobil Exxon. I see potential easement and I also potential cove management with the Village of Greenport and I didn't know if there was any more information about how the negotiations or even the discussions are. Obviously the highest and best use of that property would be of course, open space. But we also would like to know just a little bit about where it is going. Years ago there was a covenant and restrictions on the property that disallowed parkland and so on. I don't know what the status of it is now. So, having been a little bit behind the times as far as the legal status, can anybody fill us in a little bit • about it? SUPERVISOR RUSSELL: I would actually ask Peter, Peter Searle is actually for the lack of a better word, Steven, I am sorry. Brokering for the Peconic Land Trust, so he can clarify some of the inner workings here. MS. COOPER: Okay. Thank you. STEVEN SEARLE: I am Steven Searle with the Peconic Land Trust. This is kind of the first step, we have been working with Exxon Mobil for a couple of years and I know that some of the immediate neighbors of this property have been in communication with them over the past couple of years as well, about a potential conservation outcome. This is kind of a first step towards that outcome, where the town would potentially hold, if this is approved tonight, would hold a conservation easement. We are now working with the Village to see if they would potentially be a party to the easement, so they would help enforce the restrictions. And then if that goes forward, then the fee title, after it is preserved would be gifted to Peconic Land Trust. So that is kind of, that is how this would progress. I think you had another question, about the highest and best use. MS. COOPER: My understanding is and I am not really privy to it now, is that originally there were covenants and restrictions for the use of that property. As far as parkland. I didn't know if that was still in effect? MR. SEARLE: There is none that I am aware of. Exxon Mobile Conservation Easement Public Hearing 3 March 13, 2012 MS. COOPER: There is none that you are aware of. MR. SEARLE: This is obviously to move in that direction. We are not, it is not necessarily parkland but it is to preserve the natural habitat and basically, the end use would only be for ecological restoration, for passive outdoor recreation, for education. It would be, this essentially, a conservation easement would essentially be that covenant and restriction but we are calling it a conservation easement. It is not unlike what the farmland, most people are familiar with the farmland program, farmland protection program where a conservation easement is put on the farmland and the owner, of course, retains the underlying right subject to those restrictions which can only allow farming, can allow residential development, industrial, commercial except for agriculture. In this case, it is an open space conservation easement, there is even more restrictions in that the only thing left that the Peconic Land Trust could do is ecological restoration, limited passive outdoor recreation and education. The, assuming we all kind of move forward with this, assuming the town moves forward on the conservation easement tonight and the full conservation outcome is reached, the Land Trust is working with the community, with the town, with the neighbors on coming up, kind of fleshing out what that actual plan will be. We realize that there are some things that we as a community will probably want to discuss and that perhaps neighbors are going to want to see happen there but that is to come, we have some ideas of course and I think Exxon has communicated with the neighbors on some of those ideas including a maritime grassland and some other things • but in any event, we are going to kind of resume that conversation once we get through this process. You know, first and foremost, is just to ensure that the property is conserved. And is, you know, again I want to make sure that everybody realizes that this is a donation. Any costs associated with the actual conveyance and the transfer would be covered by the Community Preservation Fund. But it is a donation, both the conservation easement and the underlying fee title. MS. COOPER: This is the first step to preserving that. MR. SEARLE: Exactly. First the preservation of it. Right. And then the long term will hopefully be the Peconic Land Trust stewarding and managing the property. COUNCILMAN KRUPSKI: And the town has a good relationship with the Peconic Land Trust and we have a good track record and good history of working together. I think Exxon took the approach of having the Land Trust own it and the Town and the Village have an easement over it. sort of a buttons and suspender approach to make sure that in the future, going forward, there are a lot of safeguards there to make sure it is always going to be for its intended use. MS. COOPER: Thank you for that information. SUPERVISOR RUSSELL: Thank you. JILL DUNBAR: Jill Dunbar, 312 Fourth Street, Greenport. Steven, what is passive Exxon Mobile Conservation Easement Public Hearing 4 March 13, 2012 • recreational use mean and educational use mean? Just could you describe how that may play out in the neighborhood? MR. SEARLE: Sure. It's, the best example right now, the passive use is people walking on the beach. I would expect that that would continue. To the extent that there is a trail through the middle of the property eventually, once there is ecological, once the property is restored to some native habitats, for example the maritime grassland as I said before. Once that is restored, it is possible that there could be a trail down the middle to the beach. I don't know, these are things that we are going to have to work on. I do see it very passive though, not a playground, I think it is going to be very passive and similar to what the use is today. I could also see it, in the short term, being fenced off... MS. DUNBAR: It is. MR. SEARLE: Yes, but even going forward in the short term, of course, being fenced off in order to ensure that the, whatever native grasses, whatever we plant is actually, becomes established but eventually perhaps opening that up to the public. But that is going to be discussion that we want to make sure we have with the community, with the neighbors and this is not going to happen right away. All of our future plans are also contingent on not only community input but potential resources too. So I wanted to state that right away as well. You know, we are going to have to come up with the resources in order to do whatever kind of ecological restoration. The educational component, I • think is really closely related to the restoration. To the extent that we can have community members, school groups, help us do the restoration. That is where the educational piece comes in. LAURA SANTISI: Hi, I am Laura Santisi of 143 Fourth Street. I have the property directly across the street so I am one of the neighbors but I don't know how many of the neighbors are actually looped into this whole discussion. There are some of us here and how do we get onto the email list? MR. SEARLE: I can help with that, I can help facilitate that. Exxon Mobil has a list and has met with a few people. I realize it has been kind of small scale and very perhaps limited at this point. We can certainly bring you up to speed, we will absolutely bring people up to speed if the conservation outcome is achieved. MS. SANTISI: Right. MR. SEARLE: There is no question about it. MS. SANTISI: And how do we know which way the town of Greenport is leaning? Is that a stupid question to ask? Or inappropriate? COUNCILMAN KRUPSKI: Well, it is hard to ask us. • MS. SANTISI: Because you get taxes from Exxon Mobil right now, correct? You get Exxon Mobile Conservation Easement Public Hearing 5 March 13, 2012 tax money from it? COUNCILMAN KRUPSKI: Yes. MS. SANTISI: So would it be better off to just leave it the way it is, is that how you are feeling or should I just shut up about this? SUPERVISOR RUSSELL: Well, first the Village has, we had asked the Peconic Land Trust from the very beginning to engage the Village Board to make sure that there is Village support for it because it is in their jurisdiction. I think the assessed value on the property right now is about $16,000. Yes, you do get some tax money for the Village coffers and the Town coffers, what we found at the town level however, is that surrendering that assessment is a small price to pay for the larger community benefits. I actually, my twin brother used to own the house right across the street from the parcel... MS. SANTISI: I know, we bought that house. SUPERVISOR RUSSELL: Oh, did you? I can assure you, then I look familiar to you. I wasn't at the closing. MS. SANTISI: And he told us that no one was allowed to build on that property and then some of the other neighbors said, oh, no, no, that is not true. You can get eight • apartments or something.... SUPERVISOR RUSSELL: I can't speak to what the zoning allows for in that zone, I would ask one of the Trustees that might be in attendance tonight to address that. My, I do not know, it is the Village code, we don't administer that. but I do know that at the town level, we found that the small, the assessment gets lost because it rolls over to a tax exempt status. It is a small price to pay for the larger benefits to the community, not just immediately but to the broader community. We acquired several waterfront properties town wide, the Bittner estate, Dam Pond, places like that. and they have all led to a great asset for each of the communities. And when we talk about passive, we are not talking about lifeguard chairs and swimming or anything like that. we are talking about very passive uses, and in most cases I would imagine that the uses would be limited to daytime, not after nightfall. Just like the beaches. MS. SANTISI: Thank you. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board? LEUEEN MILLER: Leueen Miller, 424 Fourth Street. I would be very interested getting on the email loop list as well. We have had a house on Fourth for about 40 years, I remember actually when the Mobil tanks were there. And I have basically two questions. I understand that there is a lot of toxic clean up that still needs to be done and I think that that would have to be done professionally. I know that some of it has been going on for a number of years but how much remains and what the cost of the remaining Exxon Mobile Conservation Easement Public Hearing 6 March 13, 2012 . aspects of it, I am not aware of. And while certainly my family will be delighted to have it reserved as a nature preserve, it is one of the most beautiful properties in Greenport and I would also be interested in to what extent moving off the tax map of Greenport would impact the Village which is already kind of strapped economically and has a number of properties that are not tax bearing or tax exempt, I should say. So those are some of the questions but certainly I would think it is wonderful if it can be restored to a preserve for the community. SUPERVISOR RUSSELL: I don't want to speak for the Peconic Land Trust but I know that they are actually commissioning a full environmental review of the site. Any remediation, any cost of the remediation that needs to take place, is going to be borne by the company that is gifting the easement. In other words, it is not going to be paid for by CPF money or with community funds or tax dollars. It is going to be paid for by the gifting, Exxon in this case. MS. MILLER: Okay. Great. Thank you. MR. SEARLE: And I might also add that there was a, the DEC did issue a no further action letter back in 2004 based on remediation that Exxon Mobil had done at that time. DAN DURETT: Like the other speakers before me, I am a Greenporter. Dan Durett, 505 Wiggins. At Wiggins and Fifth. I like the idea of this being preserved as passive open space like the others that have spoken already. My major concern is, in fact, any residual remediation that has to be done and the cost of it. it is great to hear that Exxon will be bearing the cost of the remediation but it is the community that will have to bear the cost of whatever trucks may need to come or the cartage of soil and replacement. I would like to ask that the Peconic Land Trust enhance its outreach to not just the immediate neighbors, those adjacent property owners, but other than Greenport and certainly that also falls on the Village of Greenport to do a greater job and as others interested in the DEC's finding of no further action and having that document available. But perhaps even beyond that, assuming we get through all of these other hurdles, I am concerned about the educational component. I think in Riverhead there is major development that is going forward that is using education as a key for an exception in some zoning, it is known as the YMCA. Well, I was trying to be polite and not mention by name, so I am quite keen on what the educational component will be, is it going to be K-12, will there be some opportunity for students beyond Greenport? Other high schools, some of the environmental clubs that are targeting youth? Is the education going to be the residents or is education more broadly defined? Also, I am concerned about beach erosion, sea level rises and how that will be addressed over the years. We know what that tide is now but three to five years from now and 10 years from now, that beach may not even exist. Again, I don't want to discuss climate change and thing like that. I think these are all things that need to be considered and certainly the town is to be commended for taking this action, god forbid it should be up for development but I think these are some concerns that not only the town but certainly Greenport needs to take into consideration and if you can get my name on the list as well, I would like to attend that • meeting in Greenport. Certainly it would save me a lot more gas that I would not have to Exxon Mobile Conservation Easement Public Hearing 7 March 13, 2012 give Exxon. Thank you. COUNCILMAN TALBOT: Anybody that has any questions regarding passive recreation, I think if you reach out to like Troop 39 in Mattituck and some of the other scouting troops to try to use the Laurel Lake Preserve, which is passive recreation and they have a hard time running around there so, I think passive recreation is pretty passive. SUPERVISOR RUSSELL: Would anybody else like to address the Town Board on this? LAURA NAPOLI: Good evening, I am Laura Napoli from Exxon Mobile. Just wanted to address that a little bit to this audience. In terms of passive recreation, that is something that we have worked very closely with the Peconic Land Trust on. And in terms of what that will entail, there will be some constraints on that because within the conservation easement, Exxon Mobile is working closely with Peconic to actually define those prohibited uses. So in relation to the comment on the YMCA, we will not allow structures on the property, so there will be no construction on the property. So I just wanted to make that clear, that in that easement which will be a publicly available document, you can actually look at those prohibited and permitted uses to understand exactly what can happen on that property. So I just wanted to clarify that. and certainly within the corporation there is that concern and we have, we intend to make a commitment that we preserve the natural environment the way it is, with the enhanced, the ecological enhancements that Steven has referred to but that is our intent, to keep it in a natural state, which is why we have chosen to partner with Peconic Land Trust. COUNCILMAN KRUPSKI: Laura, thank you. This town has invested a lot in open space and this is a real gift to the community and it is going to be something that we will be able to enjoy for generations. So we really appreciate it. SUPERVISOR RUSSELL: What we also envision is an opportunity to provide some open space to the Village of Greenport, who has contributed a great deal to the Community Preservation Fund and these are these little pocket parks that, and I shouldn't probably use the term here because pocket parks would imply a more excessive use but these little pocket areas of preservation are one way that we can see some of the CPF money returned to the people of the Village of Greenport. Would anybody else like to address the Town Board on this issue? (No response) This hearing was closed at 8:25 PM Elizabeth A. Neville Southold Town Clerk S I E � Q ''i R A A C C E P T A N � C E R E S O L U T I O N �wcFar 0 RESOLUTION 2012-254 ADOPTED DOC ID: 7680 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2012-254 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MARCH 13,2012: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of acquisition by gift of a conservation easement to land totaling approximately 2.6± acres from Exxon Oil Corp., the owner of record, for open space preservation purposes in accordance with Chapter 17 (Community Preservation Fund) and Chater 185 (Open Space Preservation) of the Town Code of the Town of Southold, on the 13t day of March, 2012, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1001-7-5-19 located within the Incorporated Village of Greenport at the southeast corner of Fourth Street and Clark Street in Greenport, New York, in the R-2 zoning district. The parcel is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved since it is an undeveloped beachlands or shoreline. The Peconic Land Trust is working with Exxon Oil Corp. to facilitate a conservation outcome for this property whereby the Town of Southold would hold a conservation easement, the Village of Greenport would potentially be a party to the easement to enforce the conservation easement, and the restricted fee title of the property would potentially • be donated to the Peconic Land Trust. If approved by all parties, the proposed conservation easement will preserve, in perpetuity, the natural habitat, open space and scenic values of the property, and provide opportunities for ecological restoration, passive outdoor recreation and education on the site; and WHEREAS, the proposed gift of this conservation easement to the Town is for open space purposes on the property identified as SCTM #1001-7-5-19. The exact area of the property is subject to a Town provided survey. Any and all costs associated with the donation of this conservation easement to the Town of Southold will be paid for using Community Preservation Funds; and WHEREAS, the proposed gift of this conservation easement on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 185 (Open Space Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the donation, and recommends that the Town Board accept this gift of a conservation easement to the Town of • Southold; and Resolution 2012-254 Board Meeting of March 13, 2012 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold accept this donation of a conservation easement to land totaling approximately 2.6f acres from • Exxon Oil Corp., the owner of record; and, WHEREAS the Town Board of the Town of Southold classifies this action as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby accepts this gift of a conservation easement to this 2.6± acre area identified as SCTM #1001-7-5-19 from Exxon Oil Corp., the owner of record, subject to clear title, environmental site assessment, survey, and review by Town Attorney. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the LWRP and the Town Board has determined that this action is consistent with the LWRP. • Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Albert Krupski Jr., Councilman AYES: Ruland, Talbot, Doherty, Krupski Jr., Evans, Russell • Updated: 3/13/2012 2:41 PM by Lynda Rudder Page 2 617.20 Appendix C State Environmental Quality Review • SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I -PROJECT INFORMATION To be completed by A 3plicant or Project Sponsor) 1. APPLICANT/SPONSOR /� 2. PROJECT NAME a*nsrrvgt1vt �}SP174Q/� VZ7V�aJl'10�, 3. PROJECT LOCATION:: ' Municipality 0-C 6t-leM bt* County 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) SCVn * 100 1. — 7- S- tc C oc ne 2 cry t'ovQ'CL� �c,�t.t- unA CtaR.k �4r.� G r-�n�a n�' 5. PROPO ED ACTION IS: New [-] Expansion Ej Modificationtalteration 6. DESCRIBE PROJECT BRIEFLY: -F na'jr. OX- ea+Serve,�1"eafernetr' - 04 2.6— clots Ta low,n o-� e "1 ro,P& Iwvolvtg 'roitrnkrl --1 4a V.-11o.Src "Gctn�al bP �r`�easen►Qn'k't`� evt�orcre�wncl -ePc Tbt 4oa, ext.b1% +�l -t-u �ie�.«fie. ('05+r C'WI 4e-i-c 4contc.la -j 7. AMOUNT O L e 1 . Initially tea acres Ultimately L •/ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? '„Yes F] No If No,describe briefly 9. WHDOS�PRESENT LAND USE IN VICINITY OF PROJECT? Residential F Industrial Commercial Agriculture Iq Park/Forest(Open Space E] Other cube: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? F] Yes lJ No If Yes,list agency(s)name and permitlapprovals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? E] Yes ©No If Yes,list agency(s)name and permittapprovals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E] Yes U No 1 CERTIFY THAT TH INFORMATION PROVIDED ABOVE TRUE JO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: c Date: ,Z. 2 Z Signature: • If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes R No WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. EjYes ® No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: 1 "4) C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: N� C4. A community's existing.plans or goals as officially adopted,or a change in use or intensity of use of land.or other natural resources?Explain briefly: /V if C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: NO C6. Long tern,short tern,cumulative,or other effects not identified in C1-05? Explain briefly: No C7. Other Impacts(including changes in use of either quantity or type of energy)? Explain briefly: /Uld WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? ❑ Yes 17'No If Yes,explain briefly: E. IS THERE,O�THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART IU-DETERMINATION OF SIGNIFICANCE(To be completed.by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise.significant.. Each effect should.be assessed in connection with its(a)setting(i.e.urban.or rural);(b)probability.of occurring;(c)duration;(d)irreversibility;(e) geographic scope; and(f)magnitude. If necessary,add attachments.or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination.of significance must evaluate the potential impact of the proposed action on.the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts whir MAY occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination capon A0 W N—i�00 A2-t> c �.�+ Name of Lead Agency Date .�co\� 25seL` Print or TypMNamesponsible r in Lead Age in Lead Age cy Title of Responsib Officer c Signatu f Responsible Officer In Lead Agency Signat a of P parer(If differeriffrom responsible officer) OFFICE LOCATION: OF SO(/ryO MAILING ADDRESS: Town Hall Annex lQ P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 yC4UNTi LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: March 16, 2012 Re: Acquisition by gift of a conservation easement to land totaling approximately 2.6± acres from Exxon Mobil Corp SCTM #1001-7-5-19 The proposed action is for the acquisition by gift of a conservation easement to land totaling approximately 2.6± acres from Exxon Mobil Corp. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator MAR 19 2012 DEPT.OF LAND PRESERVATION G � P T V I L L A G E • R E S O '�� L U T L O • N DEC-07-2012 16:16 From:VILLAGE OF GREENPORT 631 477 1877 To:6312830235 P.2/2 • BOARD OF TRUSTEES REGULAR MEETING MONDAY, JUNE 25, 2812 at 6:00 P.M. RESOLUTION OF THE BOARD OF TRUSTEES At the Village of Greenport Board of Trustees regular meeting held on Monday, June 25, 2012; via a motion by Trustee George Hubbard Jr. and seconded by Trustee Mary Bess Phillips; the Board adopted a resolution approving the proposed conservation easement between the Village of Greenport, the Town of Southold and the Peconic Land Trust for the Exxon- Mobil property on Fourth Street In the Village of Greenport. Trustee George Hubbard Jr. Yes Trustee Mary Bess Phillips Yes Trustee Chris Kempner Abstains Trustee lave Murray Yes Mayor David Nyce Yes i Motion Carried STATE OF NEW YORK COUNTY OF SUFFOLK ss: THIS IS TO CERTIFY THAT I, Sylvia Pirillo, Village Clerk of the Village of Greenport of the County of Suffolk, have compared the foregoing copy of the resolution now on file in this office, which was adopted by the Village of Greenport Board of Trustees on June 25, 2012 and that the same Is a true and correct transcript of said resolution of the whole thereof. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the Village of Greenport of the County of Suffolk. Uat :-�'k _ .uc�e 25; 2012 4111age a Lazzari rlllo, RMC - Clerk RESOLUTION #06-2012-19 • June 25, 2012 Board Meeting 43 9 TRUSTEE MURRAY: RESOLUTION 10 #6-2012-18: 11 RESOLUTION by the Board of Trustees 12 adopting the annexed resolution regarding 13 SEQRA, whereby the Board of Trustees adopts 14 lead agency status for purposes of SEQRA with 15 regard to the approval and execution of the 16 proposed Conservation Easement for the • 17 Exxon-Mobil property on Fourth Street, 18 designating the adoption of the Easement 19 agreement, as an unlisted action for purposes 20 of SEQRA, and determining that the adoption 21 and execution of the Conservation Easement 22 will not have a significant impact on the 23 environment, and adopting a Negative 24 Declaration for purposes of SEQRA. So 25 moved. • June 25, 2012 Board Meeting 44 i 1 TRUSTEE PHILLIPS: Second. 2 MAYOR NYCE: Any discussion on the 3 motion? 4 (No Response.) 5 MAYOR NYCE: All those in favor? 6 TRUSTEE KEMPNER: Aye. 7 TRUSTEE HUBBARD: Aye. 8 TRUSTEE MURRAY: Aye. 9 TRUSTEE PHILIPS: Aye. 10 MAYOR NYCE: Aye. 11 Any opposed or abstentions? • 12 (No Response.) 13 MAYOR NYCE: Motion carries. 14 TRUSTEE HUBBARD: RESOLUTION 15 #6-2012-19: 16 RESOLUTION approving the proposed 17 conservation easement between the Village of 18 Greenport, the Town of Southold and the 19 Peconic Land Trust for Exxon-Mobil property on 20 Fourth Street in the Village of Greenport. So 21 moved. 22 TRUSTEE PHILLIPS: Second. . 23 MAYOR NYCE: Any discussion on this 24 motion? 25 (No Response.) i June' 25, 2012 Board Meeting 45 1 MAYOR NYCE: All those in favor? 2 TRUSTEE HUBBARD: Aye. 3 TRUSTEE MURRAY: Aye. 4 TRUSTEE PHILIPS: Aye. 5 MAYOR NYCE: Aye. 6 Any opposed or abstentions? 7 TRUSTEE KEMPNER: I will abstain. 8 MAYOR NYCE: 4 in the affirmative and 9 one in abstention. Motion carries. N S E R V A T I O � N E A S E M E N T • • {111111 IIII 1111111111 IIIII IIIII IIIII 11111 IIIII IIII Ills 1 111111 IIIII IIIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 01/16/2013 Number of Pages: 39 At: 03:57:17 PM Receipt Number : 13-0006525 TRANSFER TAX NUMBER: 12-13269 LIBER: D00012717 PAGE: 622 District: Section: Block: Lot: • 1001 007 .00 05.00 019.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $195.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $300.00 TRANSFER TAX NUMBER: 12-13269 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • �l RECORDED • Number of pages 2013 Jan 16 03:57:17 Pt1 JUDITH R. PRSCRLE CLERK OF SUFFOLK COUNT,' This docume ill be public L D00012717 record.Please remove all P 622 Social Security Numbers DT# 12-13269 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES `l Paye/Filing Fee 2 Mortgage Amt. 1.Basic Tax _ ling 20. 00 2. Additional Tax UTP-584 � Sub Total n Spec./Assn. of EA-52 17(County) Sub Total 0 Spec./Add. EA-5217(State) TOT.MTG.TAX R.P.T.S.A. �� Dual Town Dual County — Held for Appointment Comm.of Ed. S. 00 Transfer Tax Affidavit • Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 C�`�`�� family dwelling only. Sub Total CJt/ YES or NO Other Grand Total df� n If NO, see appropriate tax clause on a page# of this instrument. • 4 Dist. 1001 Section 7 Block 5 1 Lot 19 5 Community Preservation Fund Real Property 12030933 1001 00-700 osoo ols000 Consideration Amount$ Tax Service P T S Agency RDTY q CPF Tax Due S Verification t-DEC-� Improved 6 Satisfacti _ J rt_curcu'&xEI URN TO* Vacan LarM Kimberly Quarty TD Peconic Land Trust,Incorporated TD P.O.Box 1776 296 Hampton Road TD Southampton,New York 11969 Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name First American Title Ins.Co. www.suffolkcountyny.gov/clerk Title NCS-421056-HOUI $ Suffolk County Recording & Endorsement Page This page forms part of the attached Deed of Conservation Easement made by: (SPECIFY TYPE OF INSTRUMENT) ExxonMobil Oil Corporation The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO IntheTOWNof Southold Town of Southold In the VILLAGE or HAMLET of Greenport BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over • DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT (hereinafter referred to as this "Deed" or "Easement" or "Conservation Easement"), is made the 141— day of 2012 ("Effective Date"), at Southold, New York, between ExxonMobil Oil Corporation, a corporation of the State of New York, having a principal address of 3225 Gallows Road,Fairfax,Virginia 22031(herein called"EMOC" or"Grantor"),and the Town of Southold, a municipal corporation of the State of New York, having a principal address of 53095 Main Road,P.O.Box 1179,Southold,New York 11971 (herein called"Grantee"). INTRODUCTION WHEREAS, Grantor is the sole owner in fee simple of 2 acres, more or less, of certain real property located in the Village of Greenport,Town of Southold,Suffolk County, New York, more fully described in SCHEDULE A and shown on the Conservation Easement Map marked EXHIBIT A, both attached hereto and incorporated herein by this reference(hereinafter referred • to as the"Property"); and WHEREAS, Grantee is a municipal corporation organized and existing under the laws of the State of New York and authorized under Section 64 of the New York Town Law, Section 247 of the New York General Municipal Law, and Sections 185 and 17 of Local Southold Town Law to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of open spaces and natural or scenic resources, and a governmental unit described in Section 170(b)(1)(A)(v) of the Internal Revenue Code of 1986 (the "Code") as amended,and the regulations thereunder,and is therefore a "qualified organization" within the meaning of Section 170(h)(3)of the Code;and WHEREAS, the Property is free of any mortgages or liens, Grantor possesses the right to grant this Easement; and this Easement was approved by EMOC management on July 18, 2012; and WHEREAS, the Property (i) is located in the R-2 Zoning District of the Village of Greenport as outlined in Section 150-3 of the Village Code which allows, inter alia, as a permitted use one-and two-family residence, (ii) may therefore in the absence of this Easement 1 be subdivided and developed into a greater number of residential lots which would destroy the Property's conservation values described below, and (ii) is further identified as SCTM # 1001-7- 5-19;and WHEREAS,Grantor wishes to grant a conservation easement on the Property so that the Property shall remain in its open, undeveloped,and scenic state;and WHEREAS, the Property possesses significant shoreline wetlands and relatively natural adjacent upland habitat, as well as scenic, recreational and educational values (collectively, the "Conservation Values") of great importance to Grantor, Grantee, and the people of the Village of Greenport,Town of Southold,Suffolk County and State of New York;and WHEREAS, the Conservation Values protected by the terms of this Easement include the following: A. Preservation of land areas for outdoor recreation by, or the education of, the general public. The protection of the Property through this Easement is consistent with the requirements of Section 170(h)(4)(A)(i)of the Code for the following reasons: (1) regular public access to the Peeonic Estuary, from the end of Fourth Street to the waterfront part of the Property, will provide opportunities for the public to participate in passive outdoor recreation activities(e.g. walking, • fishing,non-motorized boating);and (2) ecological restoration and the protection of significant relatively natural habitat on the Property will provide educational and natural history opportunities for the general public. B. Protection of significant relatively natural habitat. The protection of the Property through this Easement will preserve significant relatively natural habitat, and is therefore consistent with the requirements of Section 170(h)(4)(A)(ii) of the Code for the following reasons: (1) the Property is composed of approximately 0.4 acres of intertidal estuarine wetlands, including sand beach, as determined by the United States Fish and Wildlife Service National Wetlands Inventory based on aerial photography taken in 2004, and approximately 1.6 acres of adjacent upland which will be restored to native maritime grassland, a rare and declining vegetation community on Long Island;and II 2 • (2) the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection Agency on September 9, 1992, as a "nationally significant estuary";and (3) the Peconic Estuary Program Habitat Restoration Plan (p.24),2000,states: a. "Tidal wetlands constitute some of the most diverse and biologically productive habitats of the coastal region.", providing nesting and foraging habitat for birds, spawning habitat for finfish and shellfish, and performing the ecosystem functions of sediment trapping, nutrient and organic matter cycling, flood conveyance, and reduction of wave energy during storms;and b. Beaches and dunes provide important nesting habitat for shorebirds, turtles and crabs, and foraging habitat for birds-of-prey, and are critical for protecting adjacent terrestrial areas from flooding and erosion during high tides and storms;and c. Coastal grasslands provide breeding and foraging habitat for grassland birds, including declining species such as Savannah sparrow (Passerculus granuneus) and song sparrow (Melospiza inelodia), and foraging habitat for birds-of-prey;and d. Coastal forest communities provide habitat for many plants, animals, • and insects, including declining and rare species, and play an important role in groundwater recharge and filtration, soil stabilization, nutrient cycling from decomposing vegetation, and retention of stormwater runoff;and (4) the Peconic Estuary Program Comprehensive Conservation and Management Plan, adopted November 15, 2001, includes the following measureable goals: a. Continue and expand open space acquisition programs (measured by funding appropriated and acres acquired in target areas);and b. Maintain current linear feet of natural shoreline and over the next 15 years reduce shoreline hardening structures by 5 percent;and c. Maintain and increase current tidal and freshwater marsh acreage, and restore areas that have been degraded (e.g., restricted flow, Phragmites australis dominated, hardened shoreline);and 3 • (5) the Peconic Estuary Program Top Priorities, established in 2010 pursuant to the Comprehensive Conservation and Management Plan,adopted November 15,2001, include: a. Develop and implement a strategy to minimize shoreline hardening structures that results in no net increase of such structures and protects natural shorelines;and b. Restore habitats, including projects identified in the habitat restoration plan,wetlands, and fish passage,and c. Implement a comprehensive invasive species management initiative, including research,public outreach, and removal/eradication;and d. Develop and implement an initiative to protect and restore vegetative buffers;and e. Protect priority open spaces through direct acquisition and other means;and (6) within the Peconic Estuary over 90 separate areas have been designated as significant coastal fish and wildlife habitats by the New York State Department of State;and (7) the Peconic Estuary is a significant recreational and commercial resource for Long Island residents and visitors, with over 1,100 least End Long Island • businesses considered "estuarine dependent" (Peconic Estuary Program Comprehensive Conservation and Management Plan,Ch 7-7);and (8) the Peconic Estuary is one of The Nature Conservancy's designated "Last Great Places"in the western hemisphere;and (9) Major threats to the Peconic Estuary include nutrient over-enrichment and introduction of pathogenic organisms through stormwater runoff, terrestrial and marine habitat fragmentation and loss, and loss of open space to residential development;and (10) this Easement aids in the protection and maintenance of the estuary by restricting the development of the Property to preserve established wetlands and the ecosystem services they provide the public. C. Preservation of open space for the scenic enjoyment of the general public, which yields significant public benefit„ Protection of the Property's open space through this Easement will be for the scenic enjoyment of the general public and will yield significant • 4 public benefit, and is therefore consistent with the requirements of Section 170(h)(4)(A)(iii)(I)of the Code for the following reasons: (1) the Property has a total of 600 feet of frontage on the publicly accessible/publicly passable/navigable Peconic Estuary, which offers the public significant scenic vistas of and across the Property;and (2) the Property has a combined total of 600 feet of frontage on Clark Street and Fourth Street, which offers the public significant scenic vistas from a public roadway of and across the Property;and i (3) the Property offers the public significant scenic vistas from the public Greenport-Shelter Island Ferry of and across the property, and a view of the Property from Shelter Island;and (4) the Property is unique to the area in its current scenic and open-space condition and has substantial and significant value as an aesthetic resource I because of its relatively natural condition while surrounded by residential homes with heavily manicured landscapes and hardened or altered j shorelines, which limit the public's enjoyment of the Peconic Estuary I shoreline, such that the Property's scenic open space values are increasingly unique to the area. D. Preservation of open space pursuant to clearly delineated Federal, State and local governmental conservation policy, which yields significant public`benefit. Protection of the Property's open space through this Easement is pursuant to clearly delineated I governmental conservation policy and will yield significant public benefit, and is I therefore consistent with the requirements of Section 170(h)(4)(A)(iii)(II) of the Code for the following reasons: Village of Greenport: (1) the Property is designated "for park and open space use" in the Village of j Greenport Local Waterfront Revitalization Program, approved by NYS Secretary of State Gail L.Shaffer on November 11, 1988;and I (2) the Property is located within the Village of Greenport coastal area boundary, Waterfront Area 3, and a goal of the Village of Greenport Local I Waterfront Revitalization Program is "to provide for continued and expanded public access to the waterfront";and S i I i I (3) Policy 13A of the Village of Greenport Local Waterfront Revitalization Program states that "Bulkheading of remaining undeveloped shoreline areas in the Village is strongly discouraged," to prevent further deterioration of the shellfish industry due to the loss of valuable wetlands from intensive bulkheading and development of shoreline;and Town of Southold: (1) the Property, which is located on the Peconic Estuary in the Town of Southold, contains approximately 0.6 acres of designated tidal wetlands that should be preserved pursuant to Section 275-3C of the Code of the Town of Southold, for the purpose of protecting, preserving, and maintaining the Town's wetlands for the protection of its citizens;and (2) it is the policy of the Town of Southold, 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, to preserve prime agricultural soils, to protect the scenic and open space character of the Town and to protect the Town's resort and agricultural economy;and (3) The acquisition of open space, if preserved and maintained in its present open state, is in the public interest and a proper purpose of the Town as set i forth in the Town of Southold Code Section 185-2;and I (4) The acquisition of interests or rights in real property for the preservation of community character within the Town, including the portion of any Village therein,is in accordance with Town Code Section 17-6A(2). i New York State Legislation: (1) New York State has recognized the importance of private efforts to preserve land in a scenic,natural and open condition through conservation easements by enactment of the Environmental Conservation Law, Section 49-0301, et seq.;and (2) Article 14,Section 4 of the New York State Constitution states that"the policy of this state shall be to conserve and protect its natural resources and scenic I i i 6 i beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products";and (3) the Property contains approximately 0.6 acres of designated tidal wetlands that should be protected and preserved pursuant to the New York State Environmental Conservation Law, Article 25 and 6NYCRR Part 661;and United States EPA Peconic Estuary Program: (1) the Property is part of the Peconic Estuary System which was included in the National Estuary Program by determination of the United States Environmental Protection Agency on September 9, 1992,as a "nationally significant estuary." Accordingly, protection of the Property is pursuant to clearly delineated governmental conservation policies and will yield a significant public benefit, and therefore the Easement is consistent with the requirements of Section 170(h)(4)(A)(iii)(1I)of the Code;and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible Conservation Values of the Property as an aesthetic, natural, and scenic resource;and • WHEREAS, Grantor has determined that the conveyance of this Easement will be desirable and beneficial and has requested Grantee, for itself and its successors and assigns, to accept this grant of a Conservation Easement in order to restrict further inappropriate development of the Property while permitting uses compatible with the protection of the Property's Conservation Values; NOW, THEREFORE, in consideration of the recited facts, mutual promises, undertakings, and forbearances contained in this Easement and other valuable consideration, but as a donation nonetheless, and pursuant to the laws of the State of New York and in particular Title 3 of the New York Environmental Conservation Law, Grantor hereby voluntarily conveys in perpetuity to Grantee, and Grantee hereby accepts, this Conservation Easement, the parties intending to be bound by its terms: 0.01 Purpose The parties recognize the Conservation Values of the Property and have the common purpose of preserving and protecting these Conservation Values in perpetuity. This Conservation Easement is granted by Grantor to Grantee for the purpose of preserving the 7 Property's open-space character and protecting its Conservation Values in perpetuity (collectively the "Conservation Purpose") by preventing any use or development of the Property for any purpose or in any manner contrary to the intent and provisions hereof, including but not limited to the Conservation Purpose. 0.02 Grantee's Warranty Grantee warrants and represents that it possesses the resources and commitment to enforce the terms of this Easement on the Property, and that the Property satisfies the criteria adopted by Grantee relating to the quality and characteristics of open land whose conservation values should be protected and maintained, as determined by the Southold Town Board at a duly constituted meeting of that Board on March 13, 2012. 0.03 Documentation Grantee acknowledges by acceptance of this Easement that those uses of the Property conducted on the Effective Date are compatible with the purposes of this Easement. Grantor has made available to Grantee sufficient documentation to establish the condition of the Property at the time of the gift of this Easement. In order to aid in identifying and documenting the condition of the Property's natural, wildlife, watershed, scenic, and aesthetic resources and otherwise to aid in identifying and documenting the Property's Conservation Values as of the Effective Date, to assist Grantor and Grantee with monitoring the uses and activities on the • Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation") as of the Effective Date. This Baseline Documentation includes a Conservation Easement Map marked EXHIBIT A attached hereto, an aerial photograph, photographs of the Property,a topographical map, and a description and site plan of land uses, features, and structures. The parties hereby acknowledge and verify that the Baseline Documentation report accurately represents the condition of the Property as of the Effective Date of this Easement.Copies of the Baseline Documentation shall be retained safely by Grantor and Grantee.Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the Effective Date hereof, the parties shall not be precluded from utilizing any other relevant or material document, survey, report, photograph, or other evidence to assist in the resolution of the controversy. S ARTICLE ONE THE EASEMENT 1.01 'Type This instrument conveys a conservation easement in gross under the provisions of Article 49, Title 3 of the Environmental Conservation Law of the State of New York. This Conservation Easement shall consist of the covenants, restrictions, rights, terms, and conditions recited herein. Reference to this"Easement," "Conservation Easement" or its "provisions"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 This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to • Grantee shall also be deemed granted to each and every one of its subsequent permitted agents, successors, and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. Grantor and Grantee acknowledge and agree that EMOC intends to convey title in and to the Property to Peconic Land Trust and that after such conveyance Peconic Land Trust shall be deemed the "Grantor"herein,except for those duties or obligations(i) retained by EMOC under the terms of this Conservation Easement or(ii) that may be retained by EMOC in a deed or other legal instrument through which title to the Property is conveyed to Peconic Land Trust.The conveyance of the Property from EMOC to Peconic Land Trust shall not affect any rights, including but not limited to any right of re-entry, specifically reserved by or to EMOC in this Conservation Easement or in the conveyance instrument to Peconic Land Trust, provided that any such rights shall be exercised in accordance with the terms of this Conservation Easement. • 9 ARTICLE TWO Prohibited Uses and Activities Grantor's use and development of the Property shall be consistent with the Conservation Purpose and compatible with the preservation of the Property's Conservation Values. Without limiting the generality of the foregoing, the following uses and practices, though not an exhaustive recital of inconsistent uses and practices, are inconsistent with the Conservation Purpose of this Easement and, unless otherwise explicitly provided herein, are prohibited anywhere on the Property. 2.01 Buildings and Structures Except as provided in Article Three of this Easement,the construction or placement of any residential,commercial, industrial or other building,structure, or improvement of any kind or nature(including,but not-limited to one or more mobile homes),whether permanent or temporary,on,over, or under the Property, is prohibited. 2.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including but not limited to soil, gravel, sand and hydrocarbons), by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Property be changed, except in connection with the construction and maintenance of any structure or improvement expressly permitted to be placed, or constructed on the Property under the terms of Article Three below or as otherwise required by any governmental agency with competent jurisdiction. Grantor may remove topsoil, sand or other materials for purposes i of erosion control and soil management only with the prior written approval of Grantee unless such removal is required by any governmental agency with competent jurisdiction. 2.03 Subdivision For purposes of this Conservation Easement, the Property is considered and shall remain one (1) parcel in unified ownership. Grantor shall not subdivide, de facto subdivide, partition or seek the partition, or otherwise divide the Property into separately conveyable parcels. i i I 10 I 2.04 Dumping The dumping or accumulation of unsightly or offensive materials, including but not limited to trash,garbage,sawdust, ashes or chemical waste, on the Property is prohibited. 2.05 Signs The display of any sign, billboard, or advertisement is prohibited, except as expressly permitted in Article Three below. 2.06 Cutting of Timber The cutting or harvesting of trees on the Property is prohibited, except as expressly permitted in Article Three below. 2.07 Soil and Water Any use or activity that is not otherwise expressly or conditionally permitted under this Easement which causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters is prohibited. 2.08 Wetlands and/or Stream Buffer The draining, filling, dredging, or diking of any wetland areas, including any enlargements thereof, is prohibited without the prior written consent of Grantee unless such draining, filling, dredging, or diking is required by any governmental agency with competent jurisdiction. 2.09 Ponds and Water Courses The alteration of any water course located on the Property or the creation of any new water impoundment or water course is prohibited without Grantee's prior written approval, which approval will not be unreasonably withheld if the alteration or creation is reasonably necessary for the conduct of sound ecological restoration, recreational and educational activities, erosion control, and stormwater management, in accordance with Article Three i below. 11 • 2.10 Landscaping Activities The removal of any tree, shrub, or other vegetation from the Property is prohibited, except as expressly permitted in Article Three below. 2.11 Vegetation Management and Screening The placement of any landscape screening, hedgerow, or any other type of vegetative screening along Fourth Street and Clark Street is prohibited without the prior written consent of Grantee. 2.12 Residential,Commercial and Industrial Uses Any residential, commercial or industrial use of the Property is prohibited, except as expressly permitted in Article Three below. This prohibition includes, but is not limited to, the following restrictions: A. The Property may not be used for a single- or multi-family residence, residence for children, the elderly or the infirm, church and place of worship, school, nursery and other pre-school facility, nursing or convalescent home, hospital, health clinic, or other medical facility, day-care facility, playground, recreational park, hotel, motel, • bed and breakfast inn, and any other residential, commercial, or industrial use, including light-intensity industrial and industrial research uses. The construction or installation of any water supply well, whether for drinking, irrigation, or any other purpose, on the Property is prohibited. With respect to recreational parks, non- commercial passive recreational uses are allowed as provided in Section 2.13 below and Article Three. Notwithstanding the foregoing, Grantor may install public water facilities for purposes consistent with this Easement if such installation is required or requested by any governmental agency with competent jurisdiction. U. No commercial agricultural or silvicultural activities are permitted on the Property. • 12 • 2.13 Recreational Use Commercial recreational uses, overnight stays and open burning are prohibited. Non- commercial, passive recreational uses are allowed, which may include the installation of structures or improvements, in accordance with Article Three below. 2.14 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage or septic systems on the Property is prohibited without the prior written consent of Grantee. The repair or replacement of existing pipes, wells or drainage or septic systems on the Property is allowed with the prior written consent of Grantee. Overhead utility transmission.lines on the Property may be used solely to service the structures and improvements permitted on the Property by this Easement. 2.15 Drainage The use of any portion of the Property for a leaching or sewage disposal field is prohibited, except to service the structures and improvements expressly permitted by this Easement. The use of the Property for a drainage basin or sump is prohibited,except to control flooding or soil erosion on the Property, with Grantee's prior written approval. • 2.16 Development Rights The use of this Property for the purpose of calculating lot yield or development density on the Property or any other property, adjacent or otherwise, is prohibited. Grantor hereby grants to Grantee all development rights existing on the Property as of the Effective Date of this Easement (and any future development rights that may be created through a rezoning of the Property, or otherwise), which have not been retained or reserved by Grantor under this Easement. By Grantee's acceptance of this Easement, the parties agree that such excess development rights granted by Grantor to Grantee are terminated and extinguished by Grantee, and may not be used by Grantor or Grantee nor transferred to any other parcels. • 13 • ARTICLE THREE PERMITTED USES AND ACTIVITIES Grantor reserves the right to use the Property in any manner that is not inconsistent with the Conservation Purpose and other terms and conditions of this Easement and that is in accord with existing zoning laws and restrictions. Without limiting the generality of the foregoing, the following uses and practices, though not an exhaustive recital of consistent uses and practices, are expressly permitted under this Easement as follows: 3.01 Restoration Recreation and Education Activities Grantor shall have the right to engage in or contract with others to engage in any and all types of restoration,enhancement and protection of the Property's natural resources and significant relatively natural habitat, passive outdoor recreation,and education of the general public provided that such activity shall be conducted in accordance with the Conservation Purpose and other terms and conditions of this Easement. This right includes EMOC's reservation of the right to initiate a proposal for and to perform restoration and/or mitigation activities(including approved or required restoration,creation or enhancement)on the Property subsequent to any divestment of its interest in the Property. Any restoration and/or mitigation activities(including approved or required restoration, creation or enhancement)on the Property shall be consistent with the Conservation Purpose and other terms and conditions • of this Easement and shall require prior written approval of Grantee. 3.02 Signs The display of signs, billboards, or advertisements is prohibited, except for signs whose placement,number, and design do not significantly diminish the scenic Conservation Values of the Property and only for any of the following purposes: (a) to state the name and address of the Property and the names and addresses of the occupants; (b) to temporarily advertise the Property or any portion thereof for sale or rent;(c) to post the Property to control unauthorized entry or use; (d) to announce this Conservation Easement; (e) to announce, advertise or direct the general public as to the ongoing restoration, recreation and educational activities in accordance with Section 3.01 above; or (f) to educate the general public as to the ecology of the area. Any permitted sign shall not be more than six (6) square feet in size, shall be non- illuminated, and shall be subject to applicable governmental regulatory requirements. 14 • 3.03 Cutting of Timber The cutting or harvesting of trees on the Property, is prohibited, except for the following purposes: (a) to clear and/or restore trees and/or forest cover that are or have been dead, damaged, diseased or destroyed or non-native and/or invasive; (b) to prune and/or selectively thin trees to create limited vistas in accordance with good management practices and the Conservation Purpose of this Easement; (c) to construct and maintain those strictures and improvements expressly permitted under the terms of this Easement; (d) for fencing of the Property;and (e)to remove hazards to persons or to the Property. 3.04 Landscaping Activities The removal of trees, shrubs,or other vegetation from the Property is prohibited except (a) as provided in Section 3.03 above; (b) as reasonably necessary for the conduct of those uses and activities expressly permitted under terms of this Easement; (c) for the purpose of continuing the modes of landscaping exercised on the Property prior to and as of the Effective Date of this Easement;and (d) for selective pruning and grounds maintenance. 3.05 Structures and Improvements Grantor shall have the right to erect and maintain the following improvements, provided such improvements are (i) compatible with the preservation of the Conservation • Values, (ii) consistent with the Conservation Purpose, and (iii) in accordance with the following provisions: A. Allowable Non-Residential (Accessory)Improvements With the prior written approval of Grantee, subject to any required regulatory approvals, and provided they are consistent with the Conservation Purpose, Grantor may erect and maintain the following non-residential improvements on the Property: (i) Structures and improvements necessary to protect and restore the Property's natural resources and significant relatively natural habitat, including but not limited to houses, nests or perches for birds or other wildlife and erosion mitigation improvements; provided, however, that the placement of small-scale habitat enhancement improvements, such as houses, nests or perches for birds or other wildlife shall not require Grantee's prior approval;and (ii) Structures and improvements necessary to provide the general public with access to the Property for passive outdoor recreational purposes and educational • 15 • purposes, including but not limited to, a foot path or nature trail, benches, bike rack, wildlife observation stands, kiosk, and picnic table;and (iii) Underground or aboveground facilities and utilities to service the improvements permitted under the terms of these Paragraphs A and 13 of this section. Grantee's approval of a proposed improvement described in the previous sentence shall not be unreasonably withheld where the improvement is used to control flooding or soil erosion on the Property. Utilities on the Property must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service those structures and improvements permitted on the Property by this Easement;and (iv) Structures and improvements necessary to control flooding or soil erosion on the Property;and (v) Fences, provided they are placed and constructed so that they do not block or detract from the scenic view of the Property. B. Replacement of Structures or Improvements In-Kind In the event of destruction of or damage to any existing or expressly permitted • structure or improvement to such an extent that repair of such structure or improvement is impractical, erection of a replacement of comparable size, bulk, use, and general design to the destroyed or damaged structure or improvement is permitted within the same location subject to the review and prior written approval of Grantee. C. Environmental Sensitivity During Construction The location and use of any structure or improvement permitted to be constructed hereunder shall be consistent with the Conservation Purpose, and construction of any such improvement shall minimize disturbance to the Conservation Values and other natural resources of the Property. Grantor shall employ erosion- and sediment-control measures to ensure that stormwater runoff will not carry eroded and other deleterious materials into the Peconic Estuary System, including but not limited to employing the least possible removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. • 16 ARTICLE FOUR NOTICE AND APPROVAL 4.01 Notice and Approval A. Requests for Approval of Certain Uses or Activities. With respect to any use or activity under Articles Two and Three that requires the prior approval of Grantee, or in the event Grantor proposes to undertake a use or activity that is not explicitly prohibited hereby but which might have a deleterious effect on the Conservation Values, Grantor shall, in writing, request Grantee's approval and shall include therewith information identifying the proposed activity and the reasons for and other details of the proposed activity with reasonable specificity. The request for approval shall describe the nature, scope, location, timetable, and any other material aspect of the proposed activity (including, if appropriate, sketch plans or scaled drawings of the site(s) of the proposed activity) in sufficient detail to permit Grantee to evaluate such activity. The request shall also include information evidencing the conformity of such activity with the requirements of the applicable section under which approval is requested hereunder. Grantee's approval, which shall not be unreasonably withheld, shall take into account the following criteria: (i) the extent to which the proposed activity or use of the site for the proposed activity would impair the scenic qualities of the Property that are visible from Fourth Street and Clark Street;and (ii) the extent to which the proposed activity or use of the site for the proposed activity would otherwise materially impair the Conservation Values of the Property;and (iii) the extent to which the proposed activity or use of the site for the proposed activity is consistent with the Conservation Purpose. Grantor and Grantee shall cooperate and shall act in good faith to arrive at agreement on suitable sites and activities in connection with any determinations that are necessary to be made by them (either separately or jointly) under this section. Notwithstanding the foregoing,Grantee's approval of a proposed site or activity shall be withheld if the use of the site for the proposed activity would interfere with the essential scenic quality of the Property, materially impair the Conservation Values of the • 17 • Property, or would otherwise be inconsistent with the Conservation Purpose of this Easement. B. Grantee's Response. In accordance with Paragraph A of this section, Grantee shall approve, conditionally approve or withhold approval of the proposed use or activity within forty- five (45) days of receipt of Grantor's written request therefor. Grantee agrees to evaluate Grantor's requests under this Easement based on its good-faith exercise of professional judgment. Notwithstanding the foregoing, if in good faith Grantee requires more than forty-five (45) days to undertake a sufficient and thorough review of the documentation provided, or determines that it requires further documentation, Grantee shall so notify Grantor within the original forty-five (45) day period of the additional time and/or documentation required to respond to Grantor's request hereunder. At Grantee's sole and absolute discretion, Grantee may permit commencement of the activity less than forty-five(45)days after receiving Grantor's written notice. in the case of withholding of approval, Grantee shall notify Grantor in writing with reasonable specificity of the reasons for withholding of approval, and the conditions, if any, on which approval might otherwise be given. Failure of Grantee to deliver a written response to Grantor within such forty-five (45) days (as extended, as discussed above) shall be deemed to constitute written approval by Grantee of any request submitted for approval that is not contrary to the express provision hereof, including but not limited to the Conservation Purpose, and whose implementation would not materially impair the Property's Conservation Values. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. If Grantor fails to make any such payment, Grantee is authorized to make such payments (but shall have no obligation to do so) upon ten (10) days' prior written notice to Grantor, 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 would 18 • have become, and shall bear interest until paid by Grantor at three (3) percentage points over the prime rate of interest from time to time charged by Citibank, N.A., or its corporate successor, in no event to exceed a legal interest rate_ 5.02 Indemnification A. Grantor Indemnification. Grantor acknowledges that Grantee has neither possessory rights in the Property nor any responsibility nor right to control, maintain, or keep up the Property. Grantor has and shall retain all responsibilities and shall bear all costs and liabilities of any nature related to the ownership, operation,upkeep, improvement, and maintenance of the Property except as otherwise provided herein. Grantor hereby releases and agrees to hold harmless, indemnify and defend Grantee and its members, directors, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively "Indemnified Parties") from and against any and all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with: (1) injury to or the death of any person, or physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, • regardless of cause, except to the extent due to the negligent act or willful misconduct of any of the Indemnified Parties; or (2) violation or alleged violation of, or other failure to comply with, any state, federal, or local Iaw, regulation, or requirement by any person, other than one or more Indemnified Parties, in any way affecting,involving,or relating to the Property. B. Grantee Indemnification. Grantee shall defend, hold harmless, indemnify, and defend Grantor and its directors, officers, employees, agents, contractors, and the heirs, personal representatives, successors, and assigns of each of them from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorneys' fees, arising from or in any way connected with injury to or the death of any person, or physical damage to any property, resulting from any act, omission, conditions, or other matter related to or occurring on or about the Property caused by the negligent act or willful misconduct of Grantee, its agents, or representatives. • 19 • 5.03 Insurance EMOC is self-insured for the purposes of this Conservation Easement and complies with the minimum insurance requirements set forth below. Any subsequent owner of the Property shall be deemed the "Grantor" herein and shall comply with the insurance provisions set forth below. Grantor shall keep the Property insured by an insurance company rated Al or better against loss from the perils commonly insured under standard fire and extended coverage policies and comprehensive general liability insurance against claims for personal injury,death, and property damage. Property damage insurance shall include change in condition and building ordinance coverage, in form and amount sufficient to substantially repair or replace fully the damaged Property. Such insurance shall include Grantee as an additional insured. Grantor shall deliver to Grantee a certificate of insurance annually or when coverage is renewed by Grantor. If Grantor fails to submit proof of insurance coverage annually or at the time of renewal, Grantor must deliver proof of coverage within 10 business days of Grantee's written request for documentation of coverage. Grantee shall have the right to provide insurance at Grantee's cost and expense should Grantor fail to obtain same. In the event Grantee obtains such insurance, the cost of such insurance shall be a lien on the Property until • repaid by Grantor. Whenever the Property is encumbered with a mortgage or deed of trust, nothing contained in this paragraph shall jeopardize the prior claim, if any, of the mortgagee/lender to the insurance proceeds. 5.04 Casualty Damage or Destruction In the event that the Property or any part thereof is materially damaged or destroyed by casualty,Grantor shall promptly notify all insurers and shall promptly notify Grantee in writing of the damage or destruction, such notification to include a description of what, if any, emergency work has already been completed. For purposes of this instrument, the term "casualty" is defined as such sudden damage or loss as would qualify for a loss deduction under Section 165(c)(3) of the Code (construed without regard to the legal status, trade, or business of Grantor or any applicable dollar limitation). No repairs or reconstruction of any type, other than temporary emergency work to prevent further damage to the Property or the improvements and to protect public safety, shall be undertaken by Grantor without Grantee's prior'written approval of the work. Within four (4) weeks of the date of damage or destruction, Grantor shall submit to Grantee a written report prepared by a qualified restoration architect • 20 • and an engineer, if required, acceptable to Grantor and Grantee which shall include all of the following: (i) An assessment of the nature and extent of the damage. (ii) A determination of the feasibility of the restoration of the preserved elements and/or reconstruction of damaged or destroyed portions of the improvements. (iii) A report of such restoration or reconstruction work necessary to return the improvements to the condition existing immediately before the casualty. If, after reviewing the report provided in this Section 5.04 and assessing the availability of insurance proceeds after satisfaction of any mortgagee/lender claims, Grantor and Grantee agree that the purpose of this Easement will be served by such restoration/reconstruction, Grantor and Grantee shall establish a schedule under which Grantor shall complete the restoration/reconstruction of the improvements in accordance with plans and specifications consented to by the parties up to the total of the casualty insurance proceeds available to Grantor. If, after reviewing the report and assessing the availability of insurance proceeds after satisfaction of any mortgagee/lenders claims, Grantor and Grantee agree that restoration/reconstruction of the Property is impractical or impossible, or agree that the purpose of this Easement would not be served by such restoration/reconstruction, Grantor may, but only with the prior written consent of Grantee, alter, demolish, remove, raze one or more improvements and/or construct new improvements on the Property. 5.05 Environmental Responsibilities Grantor Responsible for the Property. Grantee shall have no responsibility for the operation of the Property or the monitoring of hazardous or other conditions thereon. Nothing in this Easement shall be construed as giving any right or ability to Grantee to exercise physical or managerial control of the day-to-day operations of the Property or of Grantors activities on the Property. Neither Grantee nor its agents shall be liable to Grantor or other person or entity in connection with consents given or withheld, or in connection with any entry upon the Property,pursuant to this Easement except as otherwise expressly provided herein_ Grantor's Environmental Warranty and Indemnity. Except as provided in the Baseline Documentation, Grantor represents and warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials, as defined below, on the Property. Grantor hereby promises to hold harmless, defend and indemnify the Indemnified Parties from and against all liabilities, penalties, fines, charges, costs, losses, damages, expenses, causes of action, claims, demands, orders, judgments, or administrative actions, including, without limitation, • 21 • reasonable attorneys' fees, arising from or connected with the presence of and/or any release of Hazardous Materials (as defined below) or violation of federal, state or local Environmental Laws(as defined below)on, under or from the Property. This Easement is not intended to and shall not create environmental liability in Grantee- Notwithstanding any other provision herein to the contrary, the parties do not intend this. Easement be construed such that it imposes on, creates in or gives Grantee: (1) the obligations or liability of an "owner" or "operator" as those words are defined and used in Environmental Laws, including, without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended(42 U.S.C.Section 9601 et seq.,and hereinafter"CERCLA"); (2) the obligations or liability of a person described in 42 U.S.C. Section 9607(a)(3)or (4); (3) the obligations of a responsible person under any applicable Environmental Laws; (4) the right to investigate and remediate any Hazardous Materials associated with the Property;or • (5) any control over Grantor's ability to investigate, remove, remediate, or otherwise clean up any Hazardous Materials associated with the Property, The term "Hazardous Materials" includes, but is not limited to, (i) material that is flammable, explosive, or radioactive; (ii) petroleum products; and (iii) hazardous materials, hazardous wastes,hazardous or toxic substances,or related materials,including but not limited to those defined in CERCLA, the Hazardous Materials Transportation Act (49 U.S.C. Section 5101, et seq.), the New York Environmental Conservation Law (NY ECL 27-0901) or any other Environmental Law, and in the regulations adopted and publications promulgated pursuant to them, or any other applicable federal, state, or local laws, ordinances, rules, or regulations now in effector enacted after the Effective Date of this Easement. The term "Environmental Laws" includes, but is not limited to, any federal, state or local or administrative agency statute, regulation, rule,ordinance, order or requirement now in effect or enacted after the Effective Date of this Easement relating to pollution, protection of human health,the environment,or Hazardous Materials. 22 • 5.06 Acts Beyond Grantor's Control. Nothing contained in this Conservation Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from natural causes beyond Grantor's control, including without limitation, fire, flood, storm, and earth movement, trespass, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property for the purpose of inspection and monitoring to determine whether this Easement and its Conservation Purpose and other provisions are being upheld. Except in cases where Grantee determines, in its reasonable discretion, that immediate entry is required to investigate a use or condition on the Property in • order to prevent, terminate, or mitigate a violation or potential violation of the terms of this Easement, such entry shall be permitted only at reasonable times and upon prior notice to Grantor and shall be made in a manner that will not unreasonably interfere with Grantor's use and quiet enjoyment of the Property. Grantee shall not have the right to permit access upon the Property by the general public. 6.02 Protection and Restoration Grantee shall have the right to identify, to preserve and to protect in perpetuity the Conservation Values of the Property, including, but not limited to, by means of review and approval of improvements and activities as set forth in Article Four above. Grantee shall have the right to prevent any activity on or use of the Property that is inconsistent with the Conservation Purpose or other provisions of this Easement and to require the Grantor to restore such areas or features of the Property that may be damaged by any inconsistent and/or unpermitted condition, activity or use and to enforce these right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from acts beyond Grantor's control as referenced in Section 5.06 above. • 23 • 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not 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, or a bona fide attempt has not been begun by Grantor within thirty (30) days of Grantor's receipt of Grantee's notice of such breach, default or violation (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 Conservation Values or otherwise to further the Conservation Purpose of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election, (a) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction and/or to require the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto; (b) 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, and (c) To seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms,conditions, covenants,obligations and purposes of this Easement,provided,however, that any failure,delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach,default, or violation or with respect to any other breach, default or violation of any term,condition, covenant or obligation under this Easement. If Grantor acknowledges or a court of competent jurisdiction determines that a violation of this Easement has occurred, Grantor shall pay, either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee in connection with any proceedings under this Section. 6.04 Third-Party Enforcement i 24 II • The Village of Greenport (hereinafter, the "Village") shall have third-party enforcement rights as provided in Sections 49-0303 (4) and 49-0305 (5) of the Environmental Conservation Law. The provisions and procedures of this Article Six shall apply to any such enforcement. If the Village determines that enforcement is necessary, it shall notify Grantee, in writing, of its determination and the nature of the violation. Within ten (10) days of the receipt of such notice, Grantee shall inform the Village, in writing, whether or not it will proceed to enforce the Easement. If Grantee does not notify the Village of its election to proceed with enforcement,or if Grantee declines to enforce the Easement, then the Village has the option to initiate enforcement proceedings. If the Village elects to enforce the Easement,Grantee may,at its option, be named as Party plaintiff in the enforcement action or proceeding initiated by the Village. If Grantee is not so named,Grantee may nevertheless move at any time to intervene in such action or proceeding, and the Village agrees to support such a motion. In the event of any enforcement action or proceeding brought by either Grantee or Village,both parties shall cooperate with each other and promptly provide the other party with copies of all documents submitted to the Court or Grantor related to such action or proceeding. Either Grantee or Village,or both, may appeal any adverse decision and shall cooperate to defend any appeal which may be brought by Grantor. • 6.05 No Waiver Grantee's exercise of one remedy or relief under this Article Six shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or delay in exercising any remedy shall not have the effect of waiving or limiting the use of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Assi agn bility Grantee shall have the right to assign any and all of its rights and responsibilities under this Easement, and any and all of its rights, title and interest in and to this Easement only to a qualified organization (herein called the "Assignee"). As used herein the term "qualified organization" means a not-for-profit corporation, or a governmental unit or agency, which is qualified to receive such interests pursuant to Article 49 of the New York Environmental Conservation Law, is a qualified organization within the meaning of Section 170(h)(3) of the Code, and which is organized or operated primarily or substantially for one of the conservation purposes specified in Section 170(h)(4)(A) of the Code. Any assignment by Grantee or a successor Grantee must require, and the Assignee must agree, that the Assignee and Assignee's • 25 successors will carry out the Conservation Purpose and other terms and conditions of, and enforce, this Easement. The Assignee and its successors and assigns shall have the same right of assignment, subject to compliance with the provisions of this Section. Grantee shall promptly notify Grantor of any such assignment. 6.07 Succession If at any time Grantee is unable to enforce this Easement, or if Grantee ceases to exist or ceases to be a qualified organization under Section 170(h)(3) of the Code, then this Easement shall be vested in such qualified corporation, body or agency as defined and upon the conditions and limitations contained in Section 6.06 (Assignability) as Grantee shall designate. If, on the occurrence of any of these events, Grantee 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. Grantor shall be notified of any such proceedings. 6.08, Extinguishment This Easement gives rise to a property right and interest immediately vested in Grantee. For purposes of this Section 6.08, the fair market value of such right and interest shall have a • fair market value determined by multiplying (i) the fair market value of the Property unencumbered by this Easement (minus any increase in value attributable to improvements made after the Effective Date of this Easement) by (ii) the ratio of the value of this Easement as of the Effective Date of this Easement to the value of the Property, unencumbered by this Easement, as of the Effective Date of this Easement. The value as of the Effective Date hereof shall be established through a "qualified appraisal' in accordance with Treas. Reg. Section 1.170A-13 and guidance of the Internal Revenue Service and in accord with any final determination thereof. The percentage ratio thus determined is hereinafter referred to as the "Proportionate Share" and shall thereafter remain constant. The Proportionate Share of this Easement as determined above shall be filed as part of the Baseline Documentation Report described in Section 0.03 hereof. (For example: if the fair market value of the Property is $500,000 as of the Effective Date and its restricted value as of such date is$100,000, the value of this Easement is $400,000. So the Proportionate Share is$400,000 divided by$500,000,or 80%.) If circumstances arise in the future that render the Conservation Purpose of this Easement impossible or impracticable to accomplish, this Easement can only be terminated or • 26 • extinguished, whether in whole or in part, by judicial proceedings in a court of competent jurisdiction and in accordance with the common and statutory laws of the State of New York. In the event a material change in the conditions of or surrounding the Property makes impossible or impracticable its continued use for the purposes contemplated hereby or makes impossible or impracticable the protection of the Conservation Values protected by this Easement, resulting in an extinguishment or partial extinguishment of this Easement by a judicial proceeding, Grantor shall pay Grantee an amount equal to the Proportionate Share of the then fair market value of the Property (minus any amount attributable to the value of improvements made by Grantor after the Effective Date of this Conservation Easement) at the time of the extinguishment. Such fair market value shall be established by an arm's length sale of the Property (or such portion of which as to which this Easement is extinguished) consummated within ninety (90) days of the extinguishment, subject to Grantee's approval of the sale price as fairly representing fair market value; otherwise, fair market value shall be determined by independent appraisal. If all or any part of the Property is taken under the power of eminent domain by public, corporate, or other authority, 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 Conservation Purpose hereof, Grantor and Grantee shall join in appropriate proceedings at the time of such taking to recover the full value of their respective 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. Grantee shall use such proceeds actually recovered by it in a manner consistent with the Conservation Purpose of this Easement. The respective rights of Grantor and Grantee set forth in this Section 6.08 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 the power of eminent domain as aforesaid. In making this grant of Easement, however, Grantor has considered the possibility that uses prohibited by the terms of this Easement may become more economically viable than the uses specifically reserved by Grantor pursuant to this Easement. It is the intent of both Grantor and Grantee that any such change in econonuc conditions shall not be deemed to be circumstances justifying the termination or extinguishment of this Easement pursuant to this section. • 27 • ARTICLE SEVEN MISCELLANEOUS 7.01 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to the terms of this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and, in the case of a transfer to an entity, the individual principals thereof. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting forth the date, 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 or the validity of this Easement. As set forth in Chapter 185 (Open Space Preservation) and Chapter 17 (Community Preservation Fund) of the Town Code of the Town of Southold, interests or rights in real property acquired by the Town pursuant to the provisions of those chapters shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at • a special or biennial town election. No subsequent amendment of the provisions of those Chapters shall alter the limitation imposed upon the alienation of development rights acquired by the Town prior to any such amendment. 7.02 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.03 Amendment This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, provided however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid • 28 • conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. No amendment may be approved by Grantee that would or, as Grantee in its judgment may determine, could jeopardize its tax-exempt status and/or violate the rules of impermissible private benefit or of private inurement under applicable sections of the Code, including but not limited to Code section 501(c)(3). 7.04 Severability Any provision of this Easement restricting Grantor's activities which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that the court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court of competent jurisdiction shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Notice All notices required by this Easement must be written. Notices shall be delivered by hand; by express, certified or registered mail, return receipt requested; by certified mail, with sufficient prepaid postage affixed and with return receipts requested; or through courier delivery by a national courier service that provides automated delivery tracking. Notices to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this section. Notice to Grantee shall be addressed to its principal office, as 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. Notice shall be deemed given and received as of the date of its actual delivery to the recipient. 7.06 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, except as otherwise provided in Section 6.07 hereof. 7.07 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 or the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party 29 which drafted it, or against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and consistent with the Conservation Purpose of this Easement.Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the Conservation Purpose of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Property, except as otherwise recited herein,be construed at all times and by all parties to effectuate its purposes. 7.08 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the general public any right to enter upon the Property other than for non-commercial passive recreational, educational, and other uses consistent with the Conservation Purpose and other terms and conditions of this Easement as permitted by Grantee. 7.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.10_Recordin� Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York, and shall forward a copy of the recorded easement to the New York State Department of Environmental Conservation. 7.11 Enforceable Restriction;Successors The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, agents, heirs, successors, and assigns and shall continue as a servitude running in perpetuity with the Property. The terms"Grantor"and "Grantee,"whenever used herein, and any pronouns used in place thereof, shall include, respectively, the above-named Grantor and its representatives, agents, licensees,successors, and assigns, and the above-named Grantee and its successors and assigns. i 30 • 7.12 Termination of Rights and Obligations A party's rights and obligations under this Easement terminate upon transfer of the party's interest in the Easement or the Property, except that liability for acts or omissions occurring prior to transfer shall survive transfer and as otherwise provided herein. 7.13 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference,and shall be ignored in its construction. 7.14 Counterparts Grantor and Grantee may execute this instrument in two or more counterparts; each counterpart shall be deemed an original instrument. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. [Signatures follow on next page(s).] I i ! 31 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. �I GRANTOR: EXXONMOBIL OIL CORPORATION, a New York corporation ��� +►: MICHELLE ROWUND BY: Notary Public,State of Texas R. A.Parker .y ;+ My Commission Expires jri� June 02, 201b Agent and Attorney-in-Fact STATE OF TEXAS ) }SS: COUNTY OF HARRIS ) I i On the 60 day of 1)o\le'f n10-e� in the year o204;1- before me, the undersigned, personally appeared R. A. Parker, as Agent and Attorney-in-Fact of • EXXONMOBIL OIL CORPORATION, a New York corporation, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), that be his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Houston and State of Texas. •�►s MICHELLE ROWLAND Notary Public ?' ` Notary Public,State of TOM : , My Commission Expira9 June 02,2015 II I III 32 i ACKNOWLEDGED AND AGREED: GRANTEE: TOWN OF SOUTHOLD, a municipal co r oration of the State of New York BY: Ca4 Scott A. Russell ITS: Supervisor i STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) i On this 291h day of November in the year 2012, before me, the undersigned,personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity,and that by his signature on the instrument, the individual,or the person upon behalf of which the individual acted, executed j• the instrument. otary Public MELANIE DOROSKI NOTARY PUBLIC,State of New lbrk i No.01004634870 Qualified in Suffolk Counttyy Commission Expires September 30, i i i i 33 • ACKNOWLEDGED AND AGREED: THIRD-PARTY ENFORCER: VILLAGE OF GRE NPORT, a municipal corpo tion o e State of New York BY: Name ITS: f Z. ( STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) On this 3 day of Dec in the year 2012=before me,the undersigned,personally appeared T)OW t o n.a cc. ,personally known to me or proved to me.on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the • same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument, the individual(s),or the person upon behalf of which the individual(s) acted,executed the instrument. of ublic JEANMARiE ODDON Notary Pgbk State of New Yak No.010DOW238 of QxMed in Su(<oMc CaiMy - CommMbn Expires November 14,20 6'S • 34 • SCHEDULE A: Metes and Bounds Description of the Property EXHIBIT A: Conservation Easement Map of the Property • 35 • SCHEDULE "A" PARCEL 1 (NORTHERLY PORTION OF PREMISES) ALL THAT LOT OR PARCEL OF LAND, IN THE VILLAGE OF GREENPORT, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE PROPERTY CONVEYED BEING THE SOUTHEASTERLY CORNER OF FOURTH AND CLARK STREETS, THENCE IN AN EASTERLY DIRECTION BY AND ALONG CLARK STREET TO GREEN PORT HARBOR AT ORDINARY HIGHWATER MARK, THENCE IN A SOUTHERLY DIRECTION BY AND ALONG SAID ORDINARY HGHWATER MARK TO LAND NOW OR FORMERLY EMILY DURKEE, THENCE IN A WESTERLY DIRECTION BY AND ALONG LAND NOW OR FORMERLY OF EMILY DURKEE,TO THE EASTERLY SIDE OF FOURTH STREET, THENCE IN A NORTHERLY DIRECTION BY AND ALONG FOURTH STREET TO THE POINT OR PLACE OF BEGINNING. PARCEL 2(SOUTHERLY PORTION OF PREMISES) ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE VILLAGE OF GREENPORT,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 FOURTH STREET, DESIGNATED BY A STAKE DRIVEN IN THE GROUND AND DISTANT THREE HUNDRED AND FIFTY(350)FEET SOUTHERLY FROM THE INTERSECTION OF THE SOUTHERLY LINE OF CLARK STREET WITH THE EASTERLY LINE OF SAID FOURTH STREET AND RUNNING THENCE EASTERLY ON A LINE PARALLEL WITH THE SOUTHERLY LINE OF CLARK STREET ONE HUNDRED AND NINETY TWO (192) FEET TO A STAKE LOCATED AT ORDINARY HIGHWATER MARK OF PECONIC BAY, THENCE FOLLOWING ORDINARY HIGHWATER MARK OF THE SHORE OF PECONIC BAY IN A GENERAL SOUTHWESTERLY DIRECTION TO ANOTHER STAKE LOCATED ON THE EASTERLY LINE OF FOURTH STREET AND DISTANT ONE HUNDRED AND THIRTY TWO(132) FEET SOUTHERLY FROM THE POINT OF BEGINNING,AND THENCE NORTHERLY ALONG THE EASTERLY LINE OF FOURTH STREET ONE HUNDRED AND THIRTY TWO(132)FEET TO THE POINT OF BEGINNING. I I op 1 TIRE DESCPoiT,ON ,7 NORTNAg10Vl/lGVfi a • a . KgmC09 ALTA SMVf) 18 VC•iFTY NAP ! 1� LAND AREA Scole 1" . 40' ,B SURVETORAWNG ! ° .w.er..a.nrea'_n.a..... -+r__ ..•E_ 14 ammr REA ,........... ..,_�..a....,a.^....°,, a""•� 11511 &ALOOTD NEgNr i le >= ! _..urc•ur..ewo.. .....a,.n. r—�_` ^"'�. IO ' ...nw.eas...r.n... .•�••�•s.w.rrlww...e —.M• �i�.T �� "'rte � � 12 VMItIND INiOR1lUT1ON ® —^� �` I lei �'°°'d�.`r« �� —•�`— ! 10 &WS DF BEARM i J �• SOIEDLLE TNIZW ..olr•waTVOOia roepsaaFw: • f � 18 ALTAUCSM f..err•u.n I —4'' I M R I 4 pRNtaR[[RI•rJTIOM • �r 1 AF—alLm7.7i CJ/��Jfl s CEMETERY V o-. ^� �• 8 ZOMNQ 1FORMAT,ON B IEGENO .. .rvr FS. '/;FO•F.IF DAT.PfC1A•DITF fY¢.® ! S 11 FLOOD INFORMATION "� ❑ •� _ LLLE COS&—Y. ...Y!tlMDF1Y. i �_ I POWER OF ATTORNEY naONMOBIL OIL CORPORATION,A NEW YORK CORPORATION(the "Company")having an office in Honston,Texas,hereby nominates,constitutes,and appoints R A.Parker as Agent and Attorncpin-Fact of the'Company for purposes of executing and delivering instruments and documents as more particularly described below and does hereby grant, delegato, and invcst said individual wish power and authority to execute and deliver for, in the name, and on behalf of the Company and in connection with the business and affairs of the'Company, instruments and documents of any and every nature. This includes, but not by way of limitation, instruuents pledging the credit of the Company, guamntias, affidavits, governmental documents, bids, contracts, deeds of conveyance, encumbrances, Imes,releases, discharges of mortgages or deeds of trust, assignments, transfers of leasehold estates and/or other interests in real and/or personal property,and any other instrument or document as may be required or desired in the conduct of the business of the Company,whether similar-or dissimilar to the foregoing,EXCEPT the following; I. Any mortgage, assignment, conveyance, or release to any third party of any oil, gas, and/or mineral lease or any other interest in oil,gas,and/or minerals which is severed ham•the surface and which is owned by or leased to the Company. 2. Any financial guaranty or any instrument or document authorizing;permitting,or evidencing the borrowing of money from any person or entity. 3. Any instrument or document delegating the power and authority conferred herein to excepte and • deliver instruments or documents. All authority granted, delegated, and invested by this Power of Attorney shall be effective beginning as of April 18,2012,and shall expire on April 18,2015,and shall have the same force atui effect as though special authority were granted by the Company to the named Agent and Attorney-in-Fact to execute and deliver each such instrument or document scparately for each and every such instrument or document so executed and delivered_ Executed on April 11 2012. EXXONMORIL OIL CORPORATION �� By C s B.W. ikon,Vice President 1r+�8 STATE OF TEXAS § COUNTY OF HARRIS § UNITED STATES OF AMERICA § This instrument was acknowledged before me on April 1 2012, by B. W. Mlton, Vice President of ExxonMobil Oil Corporation,a New Yo ion,on behalf of aid corporation. as SCHMOKE4 Notsry PUeaO,Srat6 Ot Texas MY Commission Exphss Public,State of Texas j Norsrnt»r 04.2014 N • Y S D E C R E � G I S T R Y • New York State Department of Environmental Conservation Division of Lands & Forests Bureau of Real Property,5th Floor 625 Broadway,Albany, New York 12233-4256 fthone: (5 18)402-9442 •Fax: (518)402-9028 _ .ebalte:www.dec.nv.gov Joe Martens Commissioner May 22, 2013 Department of Land Preservation Town of Southold P.O. Box 1179 Southold,New York 11971-0959 Attn: Melissa Spiro,Land Preservation Coordinator Dear Ms. Spiro: We have received in our office the following conservation easement: • CE: Suffolk 592 Grantor: ExxonMobil Oil Corporation Liber: D00012717 Page: 622 The conservation easement cited above has been so identified for our indexing and filing purposes. This number may be needed for the landowner to claim a conservation easement tax credit. When contacting this office about this parcel,please use the assigned identifier. Your cooperation in this matter is very much appreciated. Very truly yours, Carmen L. Story Acting Land Acquisition Section Chief Bureau of Real Property CLS:gm RECERSED • MAY 2 8 2013 DEPT:OF LAND PRESERVATION OFFICE LOCATION: MELISSA A.SPIRO *0f so yo Town Hall Annex LAND PRESERVATION COORDINATOR h0 lO 54375 State Route 25 • melissa.spiro @town.southold.ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 `0` �� MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 29, 2013 Clay Johnston Regional Portfolio Manager ExxonMobil Environmental Services Co. 3225 Gallows Rd, Room 813-0224 Fairfax, VA 22037 Re: NYSDEC Conservation Easements Registry CE: Suffolk 592 • Dear Mr. Johnston: Please be advised that ExxonMobil's donation of a conservation easement to the Town of Southold on property located at the corner of Fourth& Clark Streets in Greenport, New York has been officially registered with the New York State Department of Environmental Conservation. Enclosed is a copy of the information we received from NYSDEC with its former property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and the eligibility to claim a tax credit, please contact Carmen L. Story at NYSDEC (518-402-9442) and refer to the assigned identifier—CE: Suffolk 592. It is my understanding that fee title to this property has since been transferred to Peconic Land Trust, Incorporated by Special Warranty Deed dated December 7, 2012 and recorded in the Office of the Suffolk County Clerk on 1/16/2013 in Liber D00012717, at Page 623. Very truly yours, Melanie Doroski . Sr. Administrative Assistant enclosure MELISSA A.SPIRO riF S1 OFFICE LOCATION: LAND PRESERVATION COORDINATOR ryQ Town Hall Annex O lG 54375 State Route 25 melissa.spiro @town.southold.ny.us (corner of Main Road&Youngs Avenue) Telephone(631)765-5711 G Southold,New York Facsimile(631)765-6640 '.20 ^p�� MAILING ADDRESS• COUNiY 5��` P.O. Box 1179 . Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD May 20,2013 _ NYSDEC Bureau of Real Property 625 Broadway, 5`h Floor Albany,NY 12233-4256 Attention: Carmen L. Story Acting Land Acquisition Section Chief Re: Conservation Easements Registry EXXON MOBIL OIL CORPORATION to TOWN OF SOUTHOLD Dear Ms. Story: Enclosed please find a copy of the recorded Deed of Conservation Easement on property located in the Incorporated Village of Greenport within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTOR: Exxon Mobil Oil Credit Corporation GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: January 16,2013 LIBER: D00012717 PAGE: 622 LOCATION: corner of 4`h&Clark Streets, Greenport,NY EASEMENT ACREAGE: 2.053 acres SUFFOLK CO TAX MAP#: 1001-007.00-05.00-019.000 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, G�4v".- Melissa Spiro Land Preservation Coordinator enc. cc: Peconic Land Trust,Inc. Wo enc. W • A R R A N T Y D � E E D • • 1 1111111 IIII IIIII IIIII IIIII IIIII 11111 IIIII IIIII 1111 IIII - 1 111111 IIIII IIIII IIII 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 01/16/2013 Number of Pages: 12 At: 03:57:17 PM Receipt Number : 13-0006525 TRANSFER TAX NUMBER: 12-13270 LIBER: D00012717 PAGE: 623 District: Section: Block: Lot: • 1001 007.00 05.00 019.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO EA-CTY $5.00 NO EA-STATE $250.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $420.00 TRANSFER TAX NUMBER: 12-13270 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • t . 2 1 RECORDED • Number of page l\ 2013 Jan 16 0::57:17 Ptl JUDITH A. PASCALE CLERK OF This document will be public SUFFOLK COLINT'Y record.Please remove all L DOCC127 17 P 623 Social Security Numbers DT# 12-13270 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee ). Mortgage Amt. d -- 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 5 Sub Total Notation Spec./Assit. or EA-52 17(County) x�--775 Sub Total Spec./Add. EA-5217(State) v TOT.MTG.TAX R.P.T.S.A. Dual Town_Dual County Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidavit • �• Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total T YES or NO Other u Grand Total `_�t�'_ ' If NO,see appropriate tax clause on page • QCCaaV� ofth men 4 7 ,- 10 S Community Pres rvation Fund 12030934 1001 00700 0500 019000 Real Property T Consideration Amount$ Tax Service T S Agency RDTY 4 CPF Tax Due $ Verification 1-DEC-1 Im r 6 Satisfaa. - -- - - —--------- ---- - RECORD&RETURN TO: Vacant Land Kimberly Quarty TD Peconic Land Trust,Incorporated P.O.Box 1776 TD 296 Hampton Road TD Southampton.New York 11969 Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name First American Title Ins.Co. www.suffolkcounryny.gov/clerk Title# NCS-421056-HOU1 8 Suffolk County Recording & Endorsement Page This page forms part of the attached Special Warranty Deed made by: (SPECIFY TYPE OF INSTRUMENT) FxxonMobil Oil Corporation The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Peconic Land Trust,Incorporated In the VILLAGE or HAMLET of Greenport • BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over i SPECIAL WARRANTY DEED This indenture, a Special Warranty Deed ("Deed"), is made the 1f1` day of ���.•. - , 2012,between ExxonMobil Oil Corporation, a corporation of the State of New York, successor in interest of Standard Oil Company of New York,with a place of business at 3225 Gallows Road, Fairfax, Virginia 22037 ("Grantor"), and Peconic Land Trust, Incorporated, a not-for-profit corporation of the State of New York, with an address of 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969 ("Grantee"). WITNESSETH, that the Grantor, in consideration of One and 00/100 Dollar (51.00), together with other good and valuable consideration, paid by the Grantee, hereby grants and releases unto the Grantee, and the successors and assigns of the Grantee, forever: ALL THAT TRACT OR PARCEL OF LAND (the "Property"), situated in the Village of Greenport,Town of Southold, County of Suffolk and State of New York, and as more particularly described on the attached SCHEDULE A, which schedule is incorporated into and made a part of this Deed. SUBJECT to easements, covenants and restrictions of record, if any, including, but not limited to,a Conservation Easement granted to the Town of Southold,a municipal corporation of the State of New York (the "Conservation Easement"), and any and all other rights or encumbrances on the Property which are evident by an inspection of the Property, an accurate survey and/or a review of the public record. ALSO SUBJECT to a right of re-entry by the Grantor as follows: Grantor shall have the right to initiate a proposal for and to perform and/or engage in or contract with others to perform and/or engage in any and all types of restoration, remediation, and/or mitigation (including approved or required restoration) on the Property, provided that such activity shall be conducted in accordance with the Conservation Purposes and other terms and conditions of the Conservation Easement and subject to reasonable requests for insurance and written consent by Grantee which shall not be unreasonably withheld. This right will remain reserved solely for Grantor. subsequent to any divestment of interest in the Property. Grantor's re-entry, and the activities described above, shall be forever without rent, fee or cost. Grantor agrees for itself and its representatives, agents, contractors and invitees that, in connection with all work permitted i 11 • under this section, they shall (1) perform all work in a diligent, expeditious and safe manner; (2) not allow any hazardous materials to be released onto the Property nor allow any dangerous or hazardous condition to continue beyond the completion of the work permitted under this section; (3) comply with all applicable laws and governmental regulations; and (4) keep the Property free and clear of all mechanics' and materialmen's liens and other liens arising out of the entry or work performed under this section by Grantor, its representatives, agents, contractors and invitees. After any entry, Grantor shall immediately restore or repair any damage to the Property to substantially the same condition as it was in before Grantor entered the Property. Grantor shall indemnify, defend (with counsel reasonably acceptable to Grantee) and hold harmless Grantee and its members, directors, officers, employees, legal representatives, agents, and contractors and the heirs, personal representatives, successors, and assigns of each of them (collectively, including Grantee, the "Grantee Indemnified Parties") from and against any and all Claims (as defined below) arising from or relating to the entry on the Property by Grantor, its representatives, agents, contractors or invitees. BEING AND INTENDED TO BE THE SAME PROPERTY described in a deed • dated June 17, 1924, from Violet Q. Downs and the Suffolk County Trust Company as Executors and Trustees under the Last Will and Testament of Ferdinend F. Downs, et a1., to the Grantor herein and recorded in the Suffolk County Clerk's Office in Deed Liber 1103 at ep 210, and a deed dated November 12, 1928, from Emily H. Durkee to Grantor herein and recorded in the Suffolk County Clerk's Office in Deed Liber 1309 at cp 405. Together with the appurtenances and all the estate and rights of the Grantor in and to said Property. To have and to hold the Property herein granted unto the Grantee, and the successors and assigns of the Grantee, forever. In compliance with Section 13 of the New York Lien Law, the Grantor hereby covenants that the Grantor will receive and will hold the right to receive the consideration for this Deed as a trust fund, and will apply the same first to the payment of any unpaid costs of any improvements to the Property previously made by the Grantor before using any part of such consideration for any other purpose. • 2 • And the Grantor covenants that it has not done or suffered anything whereby the said Property has been encumbered in any way whatsoever except for the grant of a Conservation Easement to the Town of Southold by Grantor, but not otherwise. "AS-IS" Conveyance. No Warranties. As a material part of the consideration for this Deed, Grantor and Grantee acknowledge and agree that there is no warranty by Grantor that the Property (or any part thereof) has a particular financial value, is merchantable or is fit for a particular purpose. Grantee acknowledges and stipulates that Grantee is not relying on any representation, statement, agreement, inducement or other assertion with respect to the condition of the Property (to include, without limitation, the environmental or physical condition) other than those expressly contained herein, but is relying solely on Grantee's examination of the Property. Grantee takes the Property with the express understanding and stipulation that there are no express or implied warranties or representations by Grantor of any kind other than those expressly contained herein, and Grantor hereby disclaims any warranties, whether express or implied, oral or written other than those expressly contained herein. Grantee's acceptance of the Property is at the sole risk and liability of Grantee with respect to (i) the present status and condition of the Property, except as otherwise expressly provided herein, including but not limited to as provided in the retention of responsibility paragraph set forth below; and (ii) the merchantability, suitability, fitness or acceptability of the Property for Grantee's purposes. Further, Grantee acknowledges and stipulates that it has had access to the Property prior to the Effective Date (as defined below) hereof to conduct its own investigation and assessment and is well aware of the condition of the Property. Release of Claims. Except to enforce the terms set forth in this Deed (including but not limited to any indemnification provision) and except as otherwise expressly provided herein, Grantee, for itself and its successors and assigns, (1) agrees and covenants not to sue Grantor's Related Parties(as defined below) for any and all Claims (as defined below)(other than for those Claims expressly provided for herein), and (ii) agrees to acquit, release and forever discharge Grantor's Related Parties from any and all Claims (other than for those Claims expressly provided for herein), in both cases, that arise out of or relate to, in any way, the condition, ownership, use, maintenance or operation of the Property at any time, whether before, on or after the Effective Date hereof, no matter how or when caused, whether known or unknown, that are 3 • asserted or made by any person or entity, whether public or private, under any Law. As used in this Deed.. the term "Law" shall mean any statute, law, role, regulation or ordinance, whether federal, state or local, whether at law or equity, whether by statute, common law, administrative or regulatory proceeding or otherwise, whether based on the negligence, gross negligence, strict liability, willful misconduct or other conduct of any party hereto or otherwise, relating to (i) the environment, hazardous substances, materials, or waste, toxic substances,pollutants (or words or similar import), or (ii) environmental conditions at, on, under, or originating or migrating from the Property, or(iii) soil, water and groundwater conditions, to include,without limitation and by way of example only, the Comprehensive Environmental Response, Compensation, and Liability Act, the Resource Conservation and Recovery Act, the Clean Air Act, the Toxic Substances Control Act, the Federal Water Pollution Control Act, the Federal Hazardous Materials Transportation Act, the Safe Drinking Water Act, and the Clean Water Act, or similar or counterpart state statutes. As used in this Deed, the term "Claims"shall mean any and all losses, damages, claims, causes of action, cross-claims, counterclaims, rights of contribution or indemnity, rights of reimbursement, liens, suits, liabilities, demands, payments, expenses, costs and fees, to include, without limitation and by way of example only, attorneys' and expert • witness fees, court costs, civil or criminal penalties or fines, taxes and any other charges of any kind or nature whatsoever. The terra "Grantor's Related Parties" shall include Grantor, its parent, affiliates, subsidiaries, employees, officers, directors and agents and all their respective representatives, successors and assigns. Grantee hereby specifically acknowledges that Grantee has carefully reviewed this Release of Claims and has discussed its import with its legal counsel and that the provisions of this Release of Claims constitute a material part of the consideration provided by Grantee to induce Grantor to convey title to the Property to the Grantee. Any provision of this Release of Claims, which is determined to be invalid or unenforceable by a court of competent jurisdiction, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that the court determines will make it enforceable and effective. Any provision of this Release of Claims, which is determined to be invalid or unenforceable by a court of competent jurisdiction and which cannot be reduced or limited by the court so as to be enforceable, shall be severed from the other provisions, which other provisions shall remain enforceable and effective. • 4 Assumption of Responsibility and Indemnity. Except as otherwise expressly provided herein, Grantee, for itself and its successors and assigns, assumes, undertakes, accepts, and agrees to indemnify, defend (with counsel reasonably acceptable to Grantor), and hold harmless Grantor's Related Parties from and against any and all responsibilities; obligations, risks, liabilities, and Claims, if any, for(i)the environmental and/or physical condition of the Property, whether known or unknown, arising under or related to any Law, and which was caused, created or set in place on or after the Effective Date hereof; (ii) the assessment, remediation, removal, transportation, disposal, treatment or other disposition of any and all wastes, materials and substances in, on or under the Property, which are related to or arising from the Property, and which were caused, created or set in place on or after the Effective Date hereof, whether hazardous or not, that is or may be required under any Law; and (iii) any and all third-party Claims arising out of or related to any facts or circumstances with respect to the period after the Effective Date hereof, except to the extent any such Claim is caused by the negligence or willful misconduct of any of Grantor's Related Parties. Retention of Responsibility and Indemnity. Grantor, for itself and its successors and assigns, retains, and agrees to indemnify, defend (with counsel reasonably acceptable to Grantee), and hold harmless the Grantee Indemnified Parties from and against any and all responsibilities, obligations, risks, liabilities, and Claims, if any, for (i) the environmental and/or physical condition of the Property, whether known or unknown, no matter how caused, arising under or related to any Law, and which was caused, created or set in place prior to the Effective Date hereof; (ii) the assessment, remediation, removal, transportation, disposal, treatment or other disposition of any and all wastes, materials and substances in, on or under the Property, which are related to or arising from the Property and which were caused, created or set in place prior to-the Effective Date hereof, whether hazardous or not, that is or may be required under any Law; and (iii) any and all third-party Claims arising out of or related to any facts or circumstances with respect to the period prior to the Effective Date hereof, except to the extent any such Claim is caused by the negligence or willful misconduct of any of Grantee Indemnified Parties. Grantor shall have no responsibility to investigate the physical or environmental condition of the Property, and Grantor stakes no representations or warranties with regard thereto. 5 • For purposes of this Deed, the Effective Date hereof shall be the date and time this Deed is recorded in official public records of Suffolk County,New York. IN WITNESS WHEREOF, the Grantor has executed this Special Warranty Deed the day and year first above written. • • 6 • Acknowledgement outside New York State (RPL 309-b) Grantor, by its execution hereof, acknowledges and agrees to be bound by the conditions set forth herein, all of which shall be binding upon Grantor and its successors or assigns. GRANTOR: EXXONMOBIL OIL CORPORATION By: Name: R.A. Parker Title: Agent and Attorney-in-Fact Pursuant to that certain power of attorney instrument dated April 11, 2012, attached hereto, R.A. Parker's signature hereof is the act and deed of said corporation. STATE OF TEXAS } )ss.: COUNTY OF HARRIS ) On the 3� day of t)V , 2012 before me, the undersigned, personally appeared R . � pa,krf , personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Houston and the State of Texas. E RoWIAND F990 p Texas c.Stets o casion Expires 2015 Notary Public 4 • 7 • Acknowledgement in New York State(RPL 309-a) Grantee joins in the execution hereof to evidence that it acknowledges and agrees to be bound by the conditions set forth herein, all of which shall be binding upon Grantee and its successors or assigns. GRANTEE: PECONIC LAND TRUST, INCORPORATED By: Nam Title: STATE OF NEW YORK ) COUNTY OF It �f i d II ) ss.: � ) On the _ day of H O\k M�e r , 20� before me, the undersigned, • rr personally appeared �J 6 6 V- 4. �` J� personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Wa Notary Public Ll ry state�te of mw Vwk MO.olt]UM49M Quelled to u Oon Me • 8 • SCHEDULE A To Special Warranty Deed from EXXONMOBIL OIL CORPORATION, as Grantor, to PECONIC LAND TRUST, INCORPORATED, as Grantee PROPERTY DESCRIPTION PARCEL 1 (NORTHERLY PORTION OF PROPERTY) ALL THAT LOT OR PARCEL OF LAND, IN THE VILLAGE OF GREENPORT, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWESTERLY CORNER OF THE PROPERTY CONVEYED BEING THE SOUTHEASTERLY CORNER OF FOURTH AND CLARK STREETS, THENCE IN AN EASTERLY DIRECTION BY AND ALONG CLARK STREET TO GREENPORT HARBOR AT ORDINARY HIGHWATER MARK, THENCE IN A SOUTHERLY DIRECTION BY AND ALONG SAID ORDINARY • HGHWATER MARK TO LAND NOW OR FORMERLY EMILY DURKEE, THENCE IN A WESTERLY DIRECTION BY AND ALONG LAND NOW OR FORMERLY OF EMILY DURKEE, TO THE EASTERLY SIDE OF FOURTH STREET, THENCE IN A NORTHERLY DIRECTION BY AND ALONG FOURTH STREET TO THE POINT OR PLACE OF BEGINNING. PARCEL 2 (SOUTHERLY PORTION OF PREMISES) ALL THAT CERTAIN LOT, PIECE OR PARCEL OF LAND SITUATE, LYING AND BEING IN THE VILLAGE OF GREENPORT, 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 FOURTH STREET, DESIGNATED BY A STAKE DRIVEN IN THE GROUND AND DISTANT THREE HUNDRED AND FIFTY (350) FEET SOUTHERLY FROM THE INTERSECTION OF THE SOUTHERLY LINE OF CLARK STREET WITH THE EASTERLY LINE OF SAID FOURTH STREET AND • 9 RUNNING THENCE EASTERLY ON A LINE PARALLEL WITH THE SOUTHERLY LINE OF CLARK STREET ONE HUNDRED AND NINETY TWO (192) FEET TO A STAKE LOCATED AT ORDINARY HIGHWATER MARK OF PECONIC BAY, THENCE FOLLOWING ORDINARY HIGHWATER MARK OF THE SHORE OF PECONIC BAY IN A GENERAL SOUTHWESTERLY DIRECTION TO ANOTHER STAKE LOCATED ON THE EASTERLY LINE OF FOURTH STREET AND DISTANT ONE HUNDRED AND THIRTY TWO (132) FEET SOUTHERLY FROM THE POINT OF BEGINNING, AND THENCE NORTHERLY ALONG THE EASTERLY LINE OF FOURTH STREET ONE HUNDRED AND THIRTY TWO (132) FEET TO THE POINT OF BEGINNING. • • 10 POWER OF ATTORNEY F.1C7tONNOBIL OIL CORPORATION,A NEW YORK CORPORATION(the "Company")having an office in Houston,Texas,hereby nominates,constitutes,and appoints PL A.Parker as Agent and Attorney-in-Fact of the Company for purposes of executing and delivering instruments and documents as more particularly described below and does hereby grant, delegate, and invest said individual with power and authority to execute and deliver fur, in the name, and on behalf of the Company and in connection with the business and affairs of the'Company,instruments and documents of any and every nature. This includes, but not by way of limitation, instruments pledging the credit of the Company, guaranties, affidavits, governmental documents, bids, contracts, deeds of conveyance, encumbrances, leases,Menses, discharges of mortgages or deeds of trust, assignments, ttansferg of leasehold estates and/or other interests in real and/or personal property,and any other instrument or document as may be required or desired in the conduct of the business of the Company.whether similar or dissimilar to the fordgoing,EXCEPT the following: 1. Any mortgage, assignment, conveyance, or release to any third party of any oil, gas, and/or mineral lease or any other interest in oil,gas,and/or minerals which is severed horn-the surface and which is owned by or leased to the Company. 2. Any financial guaranty or any instrument or document authorizing;permitting,or evidencing the borrowing of money from any person or entity. 3. Any instrument or document delegating the power and authority conferred herein to execute acid deliver instruments or documents. All authority granted, delegated, and invested by this Power of Attorney shall be effective beginning as of April 18, 2012,and shall expire on April 18,20I5, and shall have the same force and effect as though special authority were granted by the Company to the named Agent and Attomey-in-Fact to execute and deliver each such instrument or document separately for each and every such instrument or document so executed and delivered. Executed on April ll 2012. ! EXXONMOBIL OIL CORPORATI0IY J T:y 1 B .1 r y.. Apt a^ B.W. ikon,Vice President STATE DF TEXAS § COUNTY OF HARRIS § UNrrED STATES OF AMLPUCA § This instrument was acknowledged before me on April !1 , 2012, by B. W. Milton, Via PresidcrR of FaacorrMobil Oil Corporation,a New Yo ion,on behalf of aid corporation. j.sCHMOKER Notary PrrbUe,store o1 Texas my commission Expires Public,State of Texas u Noyember 04.2014 P • R O P E R T Y R � E C O R D S • SVfF�(K OFFICE LOCATION: MELISSA A.SPIRO O�� COG Town Hall Annex LAND PRESERVATION COORDINATOR �.� .f, 54375 State Route 25 • melissa.spiro @town.southold.ny.us .JG t (corner of Main Rd&Youngs Ave) cz Southold,New York Telephone(631)765-5711 Facsimile(63 1)765-6640 Oy • MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 zz ,d DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Building Department Town Board Data Processing Town Clerk Town Comptroller Land Preservation Committee Public Works Town Attorney Planning Board Tax Assessors Trustees The Nature Conservancy Peconic Land Trust Suffolk County Division of Real Estate From: Melissa Spiro, Land Preservation Coordinator Date: December 17, 2012 Re: EXXONMOBIL OIL CORP. to TOWN OF SOUTHOLD • Conservation Easement - SCTM #1001-7-5-19 Please be advised that the Town has acquired a conservation easement on the property listed below that is located within the Incorporated Village of Greenport. If you would like any additional information regarding this easement please feel free to contact me. SCTM #: 1001-7-5-19 LOCATION: s/e corner of 4th & Clark Streets, Greenport PROPERTY OWNER: ExxonMobil Oil Corporation TRANSACTION: December 7, 2012 (closing via mail) PURCHASE PRICE: $-0- (donation) EASEMENT ACREAGE: ±2.053 acres ZONING: R-2 MISCELLANEOUS: The parcel is listed on the Town's Community Preservation Project Plan. Purpose of this easement is for open space, scenic and wetland preservation. All uses will be in accordance with the environmentally sensitive nature of the property and a Management Plan. Fee title to the • property was simultaneously conveyed to Peconic Land Trust, Incorporated. The Village of Greenport shall have third-party enforcement rights as provided in Sections 49-0303 (4) and 49-0305 (5) of the Environmental Conservation Law. NMI ";Y File View Toolbar Help 17 -5-;19 4p1T'�pR, * ��4+ tl+rey �1 `tl � a�lrr�' ch[ Aatrii{art Corp Fiofatx 2011 Gurr"Y"r Rey vra lanI�fft L�r � �1 , �c z�� • Trotal ; fourth�� Land�i3� �I�0 cares � � !! >�WfYBf T it$7 1 3 ZA t� 4k S�t : a pyyyn M- IA CC�r i d' J i �4M1 MR yY Str ybR S e*� 4 A ', 3Pi Sk. ble allo Mis ''O an, 04s � � � � ��t� � ���;Tatal � � I tiUY}C� y t)t�t1ak. d �p F flepthcr�sy Moil Ou Rml zK pp t x. e a, "+d �t r�'�'� � s !� � a x �+ �y 1'•�y ',aryz k � '� y, ' ' '' ' ys`t �ih 4 rCv a" S is�. ry" x x t� 3 �.� z a��.y ! � v�� �� � � s�ts �''��y✓ z � v7s �""' � � 94ad � k d°. K �1 f Urits �G° r1G �s y x aka �g i7 ; tte 6 'x !xa `' Yy3y s Q„ n ki � � � u�a a � r�+ � '',�✓ z �'A�k ,r a .�'a '� a Ft�z zy � �t �k y"°�',.. �; ff x m F .. - - 'rC,r:z.: ,a� � m 4 a�, i Wt Dou�,le click to'open a window a" • N • E W S A R T I C � L E S t Preserve Update Estuary Program for their funding of this Widow's Hole Preserve, Greenport project. , To begin the restoration, Restoration to we had to submit the Accelerate in Spring plan and get permission from several government 1is been a little while since we've given agencies. Those you an update of what's happening agencies include the - 0 with the restoration efforts at Widow's NY State Department Hole Preserve. of Environmental Conservation,the U.S. In 2019, expect to see many changes to Army Corps of Engineers and the Village of Greenport. the landscape as the restoration begins in earnest! Over the past several years, our stewardship team We're pleased to report that most of the paperwork is has worked behind us and restoration is now underway. with Cornell ` Cooperative Visit www.PeconicLandTrust.org/WidowsHole, for Extension's more details about the fencing for the preserve, the Marine program removal of non-invasive plants, and an important to develop Spartina grass planting program we are conducting in a long-term partnership with Cornell Cooperative Extension. restoration and Combined, these steps will help build resiliency in the management face of storm surge for the surrounding community. plan for this waterfront Interested in volunteering to help with the beachgrass plantings preserve. Our this spring?Contact Director of Stewardship Matt Swain at thanks go out MSwain@PeconicLandTrust.org or Senior Outreach Manager, to the Peconic Kathy Kennedy at KKennedy@PeconicLandTrust.org. i Inct • • • Your Impact MF Becoming • MonthlyDonor Make a difference every single • by • • our • • Program. For • •u can ensure that the Trust has a steady stream of • Monthlyto protect the working farms, natural lands, and heritage you care about. • to support the Peconic It's convenient. Donate through your bank account or credit card. You are in total contro/you can easily start, change or stop your gift at any time, You'll receive leJmM because we won't send you multiple solicitations. That means more of • goes directly to protecting places youlove. Best of by • you'll • you are maximizingqour impact for today and tomorrow! To learn nioreabout how your contribution sustains the land,water,and farnis that are so important to us all, contact Anianda Abraham, Directorof Development, • • - 4 631.283.3195 1 www.PeconicLandTrust.orgSyu� � / e more o W, r row r site is save. : : p Exxon Mobil agrees to give e surplus harborfront acreage p g in Greenport to land trust BY JENNIFER GUSTAVSON I STAFF WRITER. a _ Another week and another major waterfront ~ property preserved? Absolutely.This is not a repeat of last week's re- port ojn the Peconic Land Trust and Oysterponds historical Society partnership to protect 13 acres on Darn Pond in East Marion. This:dime the property is in Greenport-but it ",does'involve the Peconic Land Trust. The trust has agreed to accept a donation from _icon,Mobil of 2.6 acres fronting Gre.enport Har- • bor The land,valued at$1.4 million,will be leftun- * touched for passive recreation.. xoi Mobil spokeswoman Maggie Brown told AG .The Suffg,I,kTimes the deal is part of•the company's effort to determine the future use of its surplus land Rworldwide.The company is also evaluating its un- used property in Cold Spring Harbor. 'The Peconic Land Trust was chosento'take title O a•;„ fi� of the Greenport site because of its commitment to environmental conservation,Ms. « Brown said. This is,a great "Putting the land into a con- ,, O` servation easement is a good opportunity. opportunity for Exxon Mobil to oy Stgphensearl contribute to open space and environmental efforts,"she said. "The company has looked at a vfariety:,of future uses and this is what makes the Z most seixse for the community." The palrcel,located at the end of Fourth Street,is a ` former bulk fuel storage terminal that first became operational in the 1920s.All the structures were de- mohth" d in the 1990s.Since then,homeless people have beenl known to live intents there. If the 4;eal is approved,the property will no longer be on the tax roll because the Peconic Land Trust is a not-for-profit group.Annually, the village would Y 7 dose nearly$3,000 and Southold Town's tax income • would,rirop about$3,300,officials.said. Q Greenport Mayor David Nyce declined to com- W inent on"the deal but did say the village has.de- cidod to"_partner with Southold in handling the o f company's conservation easement application �y since tie village doesn't have those types of laws ?� orx tts ''b'0W.A conservation easement would pre- EXXON MOBIL I PAGE 35 SUFFOLKTIMES.COM I MARCH 15, 2012 1 35 q� ry r Gr Pr '.v KATHARINE SCHROEDER PHOTO Exxon Mobil Corp.is planning to donate a$1.4 million piece of waterfront property it owns in Greenport Village to Peconic Land Trust. ing a hose down a well just above the EXXON MOBIL... water table and vacuuming off any CONTINUED FROM PAGE t petroleum contaminants separated serve the land as open space and from the soil. disallow development. The DEC's environmental inves- During it's meeting Tuesday the tigation ended after the site was of- Town Board unanimously approved ficially closed in July 2010, said Mr. the conservation easement applica- Fonda.The agency determined that tion.The village is expected to ad- any traces of oil products remain dress the matter soon. ing would break down naturally.He Southold Supervisor Scott Rus- added that tests of wells on adjacent sell said at the meeting that the land properties showed no traces of pe- trust is conducting a thorough en- troleum-related compounds. vironmental review of the property Pecpnic Land Trust spokesman and any cleanup would be.paid for Stephen Searl said his group will by Exxon Mobil. work with the community to flesh State Department of Environ- out passive-use and property man- mental Conservation spokesman agement plans, including creating Bill Fonda said the department be- a trail through a restored maritime gan an environmental investigation grassland. of the property in 1990 when the oil "I think this is a great opportu- company removed an underground nity," he said. "Overall, I think this tank.Twenty-five cubic yards of soil represents a real win-win." were removed at that time,he said. Once the village and town sign off In addition, a sub-soil water on the deal,Exxon Mobil will review cleanup system was in operation on it for final approval. the site from November 1992 until June 1997.The system involves plac- Beth Young contributed to this story z • 0 1 2 B A S E L � I N E P H O T O S • asa3abe.Main[oarkm L by C•w cl.1 Dw Oftence SwMms. ohMkheek anicerlNedb and harsedMMam bbcMa laic rmNrMled,OrA rot Cen•hlerdal0us. Serrlus. ohMkledkornaM rauNbdb eWd recrRSedMMfMS kbcabd 17 NORTH ARROW/SCALE Day s Key o CDS ALTA Survey 1611 VICINITY MAP 40 0 40 80 120 113 Y y LAND AREA � _ l � " -_ TIRE esM.THOLD COUNTY OF Scale 1 4 0 SURVEY DRAWING t.�a« Lows: 2 TILE VElED BEING THE DESCwrnoN , INFORMATION 14 BUILDING AREA 3 s .E'.^.7-N.rt: f GREENPORT HARBOR AT PARKING INFORMATION Y 12 _ --._._......__...... y- GHWATER MARK TO LAND NOW OR Starhdard Spaces 0 .e _.. CLARK RE gym. .•„���,Y WA �I:SURVEYOR CERITFICATION / o • .,......._.,�.�_,,,,� i STREET 2 H 0 P.O. _ ^uelc'b wor :zk t O P PARCr«�w`Loa w rErr rj FLOOD INFORMATION O t 0 MERLY OF EMILY DURKEE,TO THE Total Parking Spaces 0 EL'r �, :: " `i. ti'--s:rs .cR IL 15 BUILDING HEIGHT Z :'.. EASrERIr (j ( CEMETERY F: .\..... _. i rO THE POINT OR PLACE OF , (""O� a ... C = 1011 BASIS OF BEARING C a / ` ! J 77�.9t�(mt � VICINITY MAP W lI "•mow•••`" ) •�~ WA 7 e fv3...1BLE£N::R:7 HR RtIB� t �+ c __ .___..—.—._.�__....__ NO SCALE D BEING IN THE VILLAGE of 8 11 ZONING INFORMATION s IF NEW YORK,BOUNDED AND The bearing N.orim E.being thewes" RlghwFWay Ine of Fourth Street,was used i .,�,,,,...I A - iSIGNATED BY ASTAKE DRIVEN IN as the Basis of Bearing for this survey. i 9 LEGEND JTHERLY FROM THE INTERSECTION a OF SAID FOURTH STREET AND f r'' -{ \ 11 SURVEYOR'S NOTES LY LIE OF CLARK STREET ONE fj � : 1 O BASIS OF BEARING LAM HIGHWATER MARK OF o f ) 6+.9 ?ECONIC BAY IN A GENERAL. i ale r r I Ill 11 SURVEYORS NOTES 1.No observable evidence of earth moving work ISTiTiLY LINE OF FOURTH STREET /�•�•' b�„g bugling additlons within g recent rrloruts. e - FROM THE POINT OF BEGINNING. ! t1 ( ..•ox, �• / 121 PARKING INFORMA710N ` 2 No observable eMderhoa of M street j /:1♦ A / right of way Ores completed,and available Uom � ONE HUNDRED AND THIRTY TWO I 1 t`3Ji 13 LAND AREA evidence of recent tsbee or sidew2&construction i Of repairs. j Q 14 * BUILDING AREA y 00 � � 3.No observable evidence of site use as a solid Pe , waste dump.sump or sanitary landfill. 115 1 BUILDING HEIGHT ¢ 4.Property has physical access to Foatlh and i { ® �QO / Clark Streets, c ksurarhce �O! I _D �lp 11611 VICINITY MAP 5.AN statements within the oedfficatbn.and other Fp j 6 references located elsewhere hereon.relined b: 17 E NORTH ARROW I SCALE ��•knH•� .buildings,party 3 walls,paddrhg,ease,servitudes,and S S eneroadanenbr,we based solely on above ground.visible SENT MFORMATION BOX of infomaton is evidence. pecifically referenced hereon '44 1911 SURVEY DRAWING !• ` �� bbd^ ��E:�\ - `\_/ Sheet i or 1 4lrs:.: As sta^wT:on �hd`ei ji 18 ALTA/ACSM Land Title Survey This Work Coordinated By-. ' � I �f SS's'•� `\. P.O.S. A \ M R i PARCEL ' l -.vv„••rvr,•,.«mr..,.aw..r m wrs � IJ[I.I $ 591Y1'te'E(fnyyweo) •-� � _ EASTERLT(Otte) \ -s. \ �G � . 1700 SoWI Broadway,Bldg E I• ofd r 92.6'(^MSweE)— `\ 't•Lr \ Moore,Oklahana 73160 re made H aocardarlce whin ihe'ROrdrnurm 1 �-..„ .�...•-- j ,�„r^"�: Office:405.378.5800-Pax 405.703.1851 �Sej Toll Free:888.457.7878 Stabished and adopted by ALTA and NSPS — .. tte� ;"I � \ \ \. X62 'd pbtllngl 2.3.4.6.7(a).7(b)(1).7(cj,8. _ f." P �� q,,i' �cb• n).13.14,tI(a)(b the extent possible. - ; j s`t'y Drwn By' ASH Date: vale eNdelhce d earth nb9kg wale _ A observable evidence of site use as a solid c 8 { .,Vh�� 40 / / \\ \\\� /' xaNracy Standards as adopted by ALTA ail G % / Revision: its that In my Professional opki m.as a E �GOa` j \\ \�. �'' /,,v d.N :atracy of tlhls survey does not etroeed that , Q \ ,la Ref: 050205 Revision: 1 16 11 CEMETERY \ \ a,, ` , Aprvd Br. ROH w Y t.,e l�'`O.! �� �•_ a� / Flaid Date: :' There is no visible evidence of cemeteries on Me subject Property \ �,� Revision: " at thetmeofsurvey. \ ! JANUARY 28.2010 .................._..__._................. Date: Scale: / Js6 ASH Revision: 9 LEGEND \j j Prepared For. $ ZONING INFORMATION a' D ELECTRIC TRANSFORMER o SET IRON ROD SITE RESTRICTION: FOUND IRON ROD EEE M Rzz«dng CONCRETE g HANDICAP PARKING FLOOD INFORMATION / wn MORE OR LESS SETBACKS CSU CERTIFIED SURVEY MAP —0 MANHOLE 1:.:! Cheri•:3i[+.fe':?>:etc::•__,:-•::0._:`i�[?.^.;N.Rsrh: =✓R[�:�Liaf-:S_'e€L FRONT-30 —OE---OE— OVERHEAD ELECTRIC LINES T w TELEPHONE Ill% CBent Ref.No: By graphic Ploding only.this property B treated In SIDE-Min 10'Total 2S RAILROAD TRACK -• UTILITY POLE Zone'X and AE 6'of the Flood asurance Rate Map, REAR-3o, v• POLE J Canmurdty Panel No.361030017SK which bears _. . . _. w----r«-- FENCE Project Address: ucu:ur.�c....w...roo u..., wT ruin er••e rvK FIRE VALVE 4•eJt�W i .rein n Fn Min Rrrwrw!SE M M Clark d Faxthl EXXON-MOBIL CORP Property SCTM#1001-7.-5-19 Location: S/E corner of Fourth &Clark Streets Village of Greenport Photos taken on October 2, 2012 inside &outside fenced area Photos taken again outside fenced area on December 4, 2012 after affects of Super Storm Sandy Photo 1A—inside fenced area at intersection of Fourth and Clark Streets,facing easterly along northern boundary line (Clark Street) (10/2/2012) • II w� Y 3 w y F w , 1B—inside fenced area at intersection of Fourth and Clark Streets,facing southeasterly towards center of parcel (10/2/2012) r ti + - ��#T3 w =� cwt, .�• d+a,fir�`. '� �!" � z 1C—inside fenced area at intersection of Fourth and Clark Streets,facing southerly along western boundary line (Fourth Street) (10/2/2012) Aj� i°e t� yti' ��x�.l� Y�LLQ!9y6i• �'Cu� i �4P fir• .t'ra „d, i�"n ` e. 4 pn— 6 59 Ok file 2A—inside fenced area at northeasterly corner of property facing easterly towards Greenport Harbor (10/2/2012) J Y i 4i. 2B—inside fenced area at northeastern corner of .. Harbor 2C—inside fenced area at northeastern corner of boundary r • 2D—inside fenced area at northeastern corner of property facing southwesterly toward center of parcel (10/2/2012) r • 2E—inside fenced area at northeastern corner of property facing westerly along northern boundary line (Clark Street beyond fence to right of photo) (10/2/2012) �f 1 �1 • 3—inside fenced area facing easterly across Greenport Harbor _ W . . boundary corner along easterly boundary Greenport Harbor � h • 4B-inside fenced area near ESE boundary corner along easterly boundary line facing southerly (10/2/2012) • 4C—inside fenced area near ESE boundary corner along easterly boundary line facing westerly across center of parcel (10/2/2012) X L • 4D—inside fenced area near ESE boundary corner along easterly boundary line facing north-northwesterly (10/2/2012) a�„W • 5A—at southwesterly inside corner of fenced area facing northerly along western boundary line (Fourth Street) (10/2/2012) .0 I 5B—at southwesterly inside corner of fenced area facing northeasterly towards center of parcel 5C—at southwesterly inside corner of fenced area facing easterly along southern fence line i • . a 'y:�.. -. rM � v , ' 1 Y 6A—facing westerly towards Oyster Point Condominiums from beach area at end of Fourth Street (10/2/2012) h 1 AM • 6B—facing northerly towards Exxon parcel from beach area at end of Fourth Street (10/2/2012) I P . • 6B—facing northerly towards Exxon parcel from beach area at end of Fourth Street after Super Storm Sandy hit on 10/29/2012 (12/4/2012) OW t , • • 6C—facing northeasterly toward Exxon parcel from beach area at end of Fourth Street (10/2/202) I C Ti� • 6C—facing northeasterly toward Exxon parcel from beach area at end of Fourth Street after Super pe Storm Sandy hit on 10/29/2012 (12/4/202) r 7A—at SSE fencing corner facing southwesterly along high water mark toward Oyster Point Condominiums (10/2/2012) 7A—at SSE fencing corner facing southwesterly along high water mark r w••, x n a rte,t toward Oyster Point Condominiums Super after .rm Sandy hit on 1 1 1 r f i • 7B—at SSE fencing corner outside fenced area facing westerly towards fenced in area (10/2/2012) OU A I } r y 7B—at SSE fencing corner outside fenced area facing westerly towards fenced in area after Super Storm Sandy hit on 10/29/2012 (12/4/2012) ' 4 i i • • 7C—at SSE boundary corner outside fenced area facing (10/2/2012) y 7C—at SSE boundary corner outside fenced area facing showing remains of rock wall and new fencing stalled after Super Storm Sandy hit on 10/29/2012 (12/4/2012) t` 1 M i 7D -at SSE boundary corner outside fenced area facing northeasterly across Greenport Harbor (10/2/2012) i lI 1 7D-at SSE boundary corner outside fenced area facing northeasterly across Greenport Harbor showing remains of rock wall after Super Storm Sandy hit on 10/29/2012 (12/4/2012) e { � �T T 1 k n a+. • 8—rock wall constructed along beach (10/2/2012) • 8—remains of rock wall scattered along beach after Super Storm Sandy hit on October 29, 2012 (12/4/2012) 7--' 'f T, i MIM .wr • • 9A—at ESE corner of parcel outside fenced area facing southwesterly along fence line (10/2/2012) ? , y;- T 9A—at ESE corner of parcel outside fenced area facing southwesterly along fence line after Super Storm • Sandy hit on 10/29/2012 exposing more of metal barrel (center left) and several PVC piping(bottom right and elsewhere along beach area) (12/4/202) i • 9B—at ESE corner of parcel outside fenced area facing westerly across parcel (10/2/2012) f t ``t 6 i • 9B—at ESE corner of parcel outside fenced area facing westerly across parcel after Super Storm Sandy hit on 10/29/2012 destroying beach grasses&shrubs, loss of trees, beach sand,etc. (12/4/2012) �I 4 1 .rain �, e. .• <.< Sri . x . kt� r 11� •—���A:�����'� , r� .tic. '1 °" r PC IOWA s � Q � ��;,'a)a,+;i�: `� ✓ ��������%iii • 9D—at ESE corner of parcel along eastern boundary line facing northeasterly 10/2/2012) 9D—at ESE corner of parcel along eastern boundary line facing northeasterly showing after affects of Super Storm Sandy that hit on 10/29/2012 (12/4/2012) ti 10A—eastern most point of land at high water mark facing southeasterly across Greenport Harbor towards Shelter Island (10/2/2012) i 10A—eastern most point of land at high watermark facing southeasterly across Green port Harbor towards Shelter Island (12/4/2012) :. -+ • 10B—eastern most point of land at high water mark facing west towards fenced Exxon parcel (10/2/2012) • 1013—eastern most point of land at high water mark facing west towards fenced Exxon parcel (12/4/2012) • • IOC—eastern most point of land at high water mark facing north (10/2/2012) aL i ry4 •fir ;?� rLdps�.�'1 �'! T-. S ^.3.ti P '! • 10C—eastern most point of land at high water mark facing north (12/4/2012) i dal I s -C"Y.�,yk".. �r� .'�� -.:r�t,.��,",*'�y?%� &r a�~n� �.*�'..w•aJ � �"'n.. .y._�`�6Y_5�! • • 11A—outside fenced area at northeast corner facing easterly across Greenport Harbor towards Shelter Island (10/2/2012) "•, kiyrm ak n r a s • 11A—outside fenced area at northeast corner facing easterly across Greenport Harbor towards Shelter Island showing affects of Super Storm Sandy that hit on 10/29/2012 (12/4/2012) MOWN • 11B—outside fenced area at northeast corner facing southerly along eastern boundary 11B—outside fenced area at northeast corner facing southerly along eastern boundary line after Super Storm Sandy on f 'bV rii✓. .... _ µ� r � � .i *1 to • ty ej IVA IMA • _, tfCV; v F"'��M" � ��' �' e •;Its► 11D—outside fenced area at northeast corner facing westerly along northern fenced boundary line(to left in photo) 11. 1 1 11D—outside fenced area at northeast corner facing westerly along northern fenced boundary line (to left in 1 v J 4FitrhlT.-', I . � a i 1 /�"�����I���/lye �.� '1 •I/ �����,i , . u�l — 1 : R mx� ¢� p 4 • 11E—outside fenced area at northeast corner facing northwesterly (10/2/2012) �z 9- ku � �Y r r k C • 11E—outside fenced area at northeast corner facing northwesterly (12/4/2012) Y� r _ s a i • 12A—outside fenced area at intersection of Fourth and Clark Streets facing easterly along northern boundary line (Clark Street) (10/2/2012) .rte° v � v Y • 12B—outside fenced area at intersection of Fourth and Clark Streets facing southeasterly at corner fence post ,. (10/2/2012) J. like r. F IL 12C—outside fenced area at intersection of Fourth and Clark Streets facing southerly along western boundary line (Fourth Street) (10/2/2012) i�� A • E R I A L S • • l • w e T � w p. v n � t r a. • r t qtr ys. .k a t • PECONIC LAND TRUST 296 Hampton Road I P.O.Box 1776 the Lands of Southampton,New York 11969 Exxon-Mobil Aerial Photo (631)283-3195 Town of Southold Prepared by:Dawn Liubenov;17 July 09 Suffolk County,New York www.PeconicLandTrust.org Inoutporated%,illa_tP ,t Greenport IMF- ' s r x , w , �m _ �•. � .�' <, � 1 Out-?.-5-19 �._ " "` ■ �.urtt4nk�it i -- p-r�ti_n . . Ex � Oil i i.t' r. ; ' s - 4tH R ON a•° Uree n?o rt Harb.r �� i P � , , y • a Johnson Place 1104.�.EFIAL Y, _.ai 1 S • U R V E Y • • Key I COS ALTA Survey 11611 VICINITY MAP TITLE DESCRIPTION E71I..R.ARROW 11311 LAND AREA Survey Scale 1 = 40' 11911 SURVEYDRAWING) 11411 SUILDINGAREA 13 11 CL-N 11511 13UILDINGHEIGHT MCINTY MAP NO— ......... ON_ SURVEYOR'SffS Feu 1 112 11 PARKING INFORMATKDN 2 TITLE INFORMATION Ll 0 11 BASIS OF BEARING 3 SCHEDULE B-11-FEMS 18 ALTAACS.�.O!Tift S—, 4 jjs---;-oN) Td F—888.457.7878 ra.m.n.m.: m $pN /th 16 11 CEMETERY O1 8 11 ZONING INFORMAT�N P��For LU ] POSSIBLE ENCROACHMENTS ,a 15 11 FLOOD INFORMATION Approved COS Surveyor A— CD Pt== 8�—Ralph 2�-12— Peen - ar Fye, Jos Number A • E R I A L M A P • • Exxon Mobil Corp. Property Town MEN= Gift of Easement -NI AV AP Exxon Mobil Corp. Property . . SCTM1I# 1001 -7.-5- 19 AV AIP AV F i1 x x� Map Prepared by AW AV Town of Southold GIS February 28, 2012 Suffolk County Real Property Tax Seroce Agency GIS Basemap COPYRIGHT 2012,County of Suffolk,N.Y