Loading...
HomeMy WebLinkAboutSidor Family• • 11 �ooy� 1� G 1000-100-4-4.2 Premises: (f/k/a 1000-100-4-p/o 4) Baseline Documentation 2010 Oregon Road Mattituck, New York 53.9 acres Development Rights Easement MARTIN H. SIDOR, ROBERT SIDOR, DIANE REGENESS and JOANNE KRAEBEL, as Co -Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (50% interest) and also as Co -Executors of the Estate of Frances Sidor (50% interest) to TOWN OF SOUTHOLD Easement dated December 4, 2014 Recorded December 18, 2014 Suffolk County Clerk - Liber D00012800, Page 786 SCTM #: 1000-100-4-4.2 (f/k/a 1000-100-4-p/o 4) Premises: 2010 Oregon Road Hamlet: Mattituck Purchase Price: $395039500.00 (53.9 acres @ $65,000/acre) Funding: Community Preservation Fund (2% land bank) Grant Funding: $1,898,000 from USDA NRCS awarded grant (73-2C31-3-1CLS) CPF Project Plan: Yes Total Parcel Acreage: 61.0976 acres Development Rights: 53.9 easement acres Reserve Area "A": 4.5544 acres (Oregon Rd) Reserve Area "B": 2.6433 acres (Wickham Ave) Zoned: A -C Existing Improvements: In October 2014 — overhead electrical lines in northern sector including one electric utility tower; and farm roadways • • PROPERTY DESCRIPTION .LEGAL The subject is legally identified on the Suffolk County Tax Map as District 1000, Section 100, Block 4, Part of Lot 4. A copy of the Suffolk County Tax Map showing this parcel is included in the Addenda to this report. LAND The subject is part of a larger parcel of land containing 61.0976± acres. As per the • client's request, I have excluded a 4.55± acre area at the northerly section of the property and a 0 2.64± acre portion from the southerly section of the property and will consider the value of the development rights on the remainder (53.9± acres). The larger parcel has 500±' of frontage along Oregon Road, running thence southerly along its easterly boundary a distance of 1,635±, thence easterly 285±', thence southerly 901±', thence easterly 345±, thence southerly 566±', thence westerly 220±', thence southerly 365±', thence westerly 1,088±' along Wickham Avenue, thence northerly 2,974±' (irregular), to the place of beginning. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING __ • PROPERTY DESCRIPTION (CONTINUED) LAND The land is gently sloping and cleared. Utilities (electric and telephone) are available to the site via Oregon Road and Wickham Avenue. Both roadways are a two-way, macadam - paved road. Water would be provided by on-site wells. Sanitary flow would be handled by an on-site septic system. The property is encumbered by a LIPA easement that bisects the parcel in a west to east direction. Said easement contains approximately 15,000± square feet or 0.34± acre. ',IMPROVEMENTS The subject (the larger parcel) is improved with an existing dwelling, barn and various accessory buildings all located on the northerly portion of the property along Oregon Road. The improvements are in average condition. A 4.55± acre portion of the property containing the improvements is excluded from the report at the request of the client. LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING 11 r Location Map s o� '90 V P� SSP s OREGON 9p?Jl �s ^� y c ao g� �pJE y SherNe00 House meyararde steiic di Borgne Vi, aids 5 S�.r, iy v Yt$ pJ � Vineyards • 9L OY A UCK O e 1'�nI'f o m 48 a MK s 25 i PJ pV Ilm �Np r1H \QO `6 ty �� Pc;!egl V:reya V Od ti 90 fl5 0 5� ,9 lFz useu � Location Map i 1p 1 1 SUBJECT PHOTOS View of Subject Looking From Central Section Facing North LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING C! r f! it 4 SUBJECT PHOTOS View of LIPA Easement Area LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING _ SUBJECT PHOTOS Street View of Oregon Road Looking East Street View of Oregon Road Looking West LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING ^ ¢� Ai 1, G '�*��" . , ' " "; fir. � � • ': tr ., Street View of Oregon Road Looking West LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING ^ 1p Ll - V SUBJECT PHOTOS View of Subject Looking North from Wickham Avenue LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING SUBJECT PHOTOS View of Wickham Avenue Looking East View of Wickham Avenue Looking West LAWRENCE INDIMINE CONSULTING CORP. REAL ESTATE APPRAISALS AND CONSULTING [-Tax Map Location m m4r m m m m m m mb� � m m m m �W � c C/ cq� Zoning Map • C7 • • • 0 Members Present: Members Absent Also present: Commencement: LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, March 5, 2013 at 7:00 p.m. John Sepenoski, Chairman Lillian Ball Anne Murray Sam McCullough Maureen Cullinane Eric Keil (8:03 p.m.) Allan Connell Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary • The meeting began at 7:05 p.m. with five LPC members present. EXCERPT FROM ADOPTED 3/5/2013 LPC MEETING MINUTES • SCTM #1000-100.-4-4 (SIDOR FARM) New LPC Application Melissa Spiro gave background information, including meetings throughout the years with Martin Sidor, one of the four landowners of this 60+ acre active farm. There is the possibility of federal grant funding for this project; however, proposal is due by the end of March 2013. LPC members favorable to submitting grant application and will consider purchase of development rights easement even if grant is not awarded to this project. MOTION made by Lillian Ball, seconded by Maureen Cullinane, to direct Melissa Spiro as Land Preservation Coordinator, to commission an appraisal in accordance with federal grant guidelines on the Sidor Farm (SCTM #1000-100.4-4) for the purchase of a farmland development rights easement on the project plan presented. Motion carried: 6/0 E • N V I R O N M E N � T A L lk� R • Y Martin Sidor Farms, Inc. 2010 Oregon Road Mattituck, NY 11952 November 25, 2014 Lisa Clare Kombrink, Esq. Twomey, Latham, Shea, Kelley, Dubin & Quartararo, LLP P.O. Box 9398 Riverhead, NY 11901-9398 Re: 2010 Oregon Road, Mattituck, New York Dear Ms. Kombrink: • This letter is written at your request to confirm that the clean-up of the concrete pad and repair of leaks relating to staining of the concrete pad at the above referenced property has been completed. Very truly yours, Estate of Frances Sidor By:_--- - Mart n H. Sidor, Co -Executor Unified Credit Trust u/w/o Martin B. Sidor, Jr. 6 By; —11 V, 4 Marti . Sidor, Trustee 0 • Phase I Environmental Site Assessment Sidor Property Mattituck, New York NP&V Job# 14166 August 6, 2014 CONFIDENTIAL AND PRIVILEGED REC EWED AUG 1 1 2014 • Phase I Environmental Site Assessment Sidor Property, Mattituck 1_0 SUMMARY The subject property has been inspected and reviewed independently by Nelson, Pope & Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-13 and United States Environmental Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AAI)) on the subject property based on four (4) components of a Phase I Environmental Site Assessment (ESA): records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key personnel. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of a ±53.9 acre undeveloped property, located north of Wickham Avenue and south of Oregon Road, approximately 1,300 feet east of Mill Lane and 1,000 feet west of Elijahs Lane. The property consists of a portion of a tax parcel, more particularly described as Suffolk County Tax Map # 1000-100-04-4. The surrounding area is lightly developed and contains a mix of agricultural, residential, commercial and vacant land. The subject property consists of an irregularly-shaped, undeveloped parcel of land with relatively flat topography. The entirety of the subject property consists of farmland. According to Martin Sidor, the property owner, the crops grown on the subject property are seasonally rotated and consist primarily of rye, corn, potatoes and sunflowers. There was no evidence of any past or existing structures on the subject property. There is an irrigation well and associated pump engine which is supplied by a 550 gallon above ground fuel oil storage tank located on the western property boundary on a concrete pad. Staining was observed on the concrete pad beneath the pump engine. There was no other evidence of storage tanks, staining, drums, wells, soil piles, debris, discharge, areas of stressed vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical odors, or other such indicators noted during the site reconnaissance. Sanborn map coverage was not available for the area of the subject property. Aerial photographs from 1938, 1940, 1947, 1954, 1957, 1961, 1969, 1976, 1980, 1994, 2006, 2008, 2009 and 2011 were reviewed in order to determine if any prior uses occupied the subject property. The subject property consisted of vacant, undeveloped farmland in all of the available aerial photographs. No structures were depicted on the subject property in any of the aerial photographs. The surrounding area was very lightly developed and consisted of primarily farmland and single- family residences with some commercial structures in all of the available aerial photographs. Sidor Property, Mattituck Phase I ESA The USGS Shelter Island and Mattituck Hills Quadrangle Maps dated 1904, 1944 and 1956 were reviewed. Review of the topographic maps revealed that the subject property was vacant, undeveloped land in all of the maps. No structures were depicted on the subject property in any of the topographic maps. The surrounding area appeared to consist of mostly vacant land or lightly developed land in all of the topographic maps, with the Long Island Sound north of the subject property and Mattituck Creek west of the subject property. In addition, Long Island Railroad tracks were located south of the subject property. An extensive government records search did not identify any sources of environmental degradation on the subject property. Some Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, four (4) closed spill incidents are located within one-half (0.5) mile of the subject property, and two (2) Petroleum Bulk Storage (PBS) facilities are located within one-quarter (0.25) mile of the subject property. A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance to the methods and procedures, outlined within ASTM E2600-10, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Uparadient Sources 1,760 feet for Chemical of Concern (COC) 520 feet for petroleum hydrocarbons Cross -gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down -gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources Review of the regulatory agency database report provided for the subject property revealed that no sites were identified as being located within the critical distances from the subject property. Therefore, the subject property is not expected to be adversely affected by a VEC. Based on the information reviewed, it is concluded that a VEC can be ruled out. This assessment has identified the following with respect to recognized environmental conditions, historic recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the methodology and limitations of this report. One (1) recognized environmental condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. %bk a ac Wom"WU P49LBON rcms.g ULC Page 2 of 27 rl� Sidor Property, Mattituck Phase 1 ESA 1. Staining was observed on the concrete pad beneath the pump engine located on the west side of the subject property. No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. One (1) de minimus condition was noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. 1. The subject property was historically utilized as farmland. If the property is to be used for residential or active recreation, it is recommended that a pesticide survey be conducted in order to ensure that the surface soils have not been impacted by previous agricultural operations. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 and USEPA AAI for the Sidor Property, located in Mattituck, New York. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has revealed evidence of one (1) recognized environmental condition and one (1) de minimus condition in connection with the subject property, subject to the methodology and limitations of this report. h1a8M FCM s -ML= Page 3 of 27 =4r m = = m = so= = m = m m =4r = View of irrigation well and storage tank on west side of property View of staining beneath storage tank Sidor Property, Mattituck View of irrigation well and storage tank on west side of property View of staining on concrete pad beneath storage tank MIC r m w m m m ism m mm m= wr Typical view of subject property View of irrigation well and storage tank on west side of property Sidor Property, Mattituck Typical view of subject property Typical view of subject property m m Mir M M m M M M MGM M M M M M m4r Typical view of subject property Sidor Property, Mattituck Typical view of subject property M a 5 0 m �' + too 1 ,r -OU 1 aterville 1 Or �r Copyright©2013 National GeographicSocietyi-cubed FIGURE 6 ' TOPOGRAPHIC MAP sidor Property ft Full N Mattituck E SON. POPE d VOOHH1S LLC Source: USGS topo from ESRI web map service EINIHOVNENTAL. PLMIMNG. CONSLLTING Phase I EAS Scale: 1 inch = 500 feet + I M its Ra 1 Q SSR iry Alvah 's L ane possible future well field Historic Agricultural�� W Well Q Stith 44 Pd V41 C hogue 0 0011, Evergreen Drive Depot Lane Well Field ----New Rd Suffolk Z W, 0 Historic S. Agricultural 2. Well yo"(3 Sf mattituck Suffolk Ave .,,,10%* Ave t t. ma"lluck Ayugion ot, Sources: Esri, HERE, Del-orme, USGS, Intermap, increment P Corp., NRCAN, EsriJapan, METI, Esri China (Hong Kong), Esri (Thailand), 01 TomTom, Mapmylndia, @ OpenStreetMap contributors, and the GIS User Community FIGURE 8 Sidor Property WATER SUPPLY MAP Mattituck i ��,���� �'I' Source: ESRI Web Mapping Service, well N NELSON. POPE & VOORMS. LLC ENVIROWENTAL - PLAMING - CONSLLTIM, data from SWAP 2003 and SCWA Phase EAS Scale: 1 inch = 3,000 feet +1 A aaa / l Nicol �r t o` ayL� V v o �s- o` 6it`d Waterville 00 Rd �r qa AA °oa DS FC FM HM ?' IM LZ SM NYSDEC Fresh Wetlands HL �r£rAhars,, 0-4( o° `S'i P 1a, 5PR,71 NELSON. POPE 6 VOORHIS. LLC ENNIF0Vv1ENTAL • PL/VVNING • CONSULTING AA 3 at Mattituck v v H �;�� vt Stiptk Avec Sources: Esri, HERE, DeLorme, USGS, Intermat ^ NRCAN, Esri Japan, METI, Esri China (Hong Kot 7TomTom, Mapmylndia, © OpenStreetMap contrib `,-' Community FIGURE 9 KC Mt -15 SM��h tun"- Pt 't'; F increment P Corp., g) Esri (h iland). itots, and the GIS,User NYSDEC Sidor Property WETLANDS MAP Mattituck Source: ESRI Web Mapping Service, NYSDEC " Freshwater Wetlands Maps Phase I EAS Scale: 1 inch = 1,500 feet E1 UBWX iiis E2US2P,,,e a� E2 c�6 Waterville PF,01A 0" Kn E2SS1P A PUBHh E2EM1 P v n z, 7 4Kms. E2US2P 041 P E M 1 C h p I I 11NO 'PSS1 E �b E261Pd 4� i� 1 ��r NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSLLTING PUBHx �f PUBFx� { f' _ ryl''T SS 1 R �tiRF01 E E2EM5P e PSS17F01 E F ~pABLY, Mattltuck W n r4 Squurces: Esri, HERE, DeLorme, USGS, I s ttotk A,,NRCAN, Esri Jap `n�M jI�Esri China (H ,yew TomTom, Mapmylndia; ©,OpenStreet 6i! Community E1 UBLx t-ut, *, FIGURE 10 NATIONAL WETLANDS INVENTORY MAP Source: ESRI Web Mapping Service, National " Wetlands Inventory Map (NWI, USF&WService)� Scale: 1 inch = 1,500 feet V r increment F Corp., ), Esri `(Thailand), ors, and the GIS User Sidor Property Mattituck Phase I EAS E1AB1L Estuarine and Marine deepwater E1ABL Estuarine and Marine Deepwater EIUBL Estuarine and Marine Deepwater EIUBLx Estuarine and Marine Deepwater E2EM1N Estuarine and Marine Wetland E2EMIP Estuarine and Marine Wetland E2EM1Pd Estuarine and Marine Wetland ° E2EM5P Estuarine and Marine Wetland E2SS1P Estuarine and Marine Wetland E2US2P Estuarine and Marine Wetland Ll UBH Lake PEMICh Freshwater Emergent Wetland Pr Other PF01A Freshwater Forested!Shrub Wetland PFOIE Freshwater ForestedlShrub Wetland PSSI/FOIE Freshwater Forested/Shrub Wetland PSSIAx Freshwater Forested/Shrub Wetland PSSIE Freshwater ForestediShrub Wetland PSS1R Freshwater Forested/Shrub Wetland PUBFx Freshwater Pond PUBHh Freshwater Pond PUBHx Freshwater Pond eki �QJ� PSS1Ax `PUBHxo E2SS1P A PUBHh E2EM1 P v n z, 7 4Kms. E2US2P 041 P E M 1 C h p I I 11NO 'PSS1 E �b E261Pd 4� i� 1 ��r NELSON. POPE 6 VOORHIS, LLC ENVIRONMENTAL • PLANNING • CONSLLTING PUBHx �f PUBFx� { f' _ ryl''T SS 1 R �tiRF01 E E2EM5P e PSS17F01 E F ~pABLY, Mattltuck W n r4 Squurces: Esri, HERE, DeLorme, USGS, I s ttotk A,,NRCAN, Esri Jap `n�M jI�Esri China (H ,yew TomTom, Mapmylndia; ©,OpenStreet 6i! Community E1 UBLx t-ut, *, FIGURE 10 NATIONAL WETLANDS INVENTORY MAP Source: ESRI Web Mapping Service, National " Wetlands Inventory Map (NWI, USF&WService)� Scale: 1 inch = 1,500 feet V r increment F Corp., ), Esri `(Thailand), ors, and the GIS User Sidor Property Mattituck Phase I EAS 11 • Toxics Targeting 1 Mile Buffer Search Map Sidor Property Mattituck, NY 11952 r N W E S Suffolk County ' I�~� `. i � ♦ ` National Priority ® ` R % List (NPL) ® � \ 1 -� ♦ , Sidor Pro ♦� Inactive Hazardous Waste Inact. Haz Waste Disp. ® Disposal Registry Site Registry Qualifying tty ti ❑RCRA Corrective Action Facility 9 x 4 Subject Area Waterbody County Border Railroad Tracks 1 Mile — - • 1/2 Mile Radius Radius — _ = 1/4 Mile Radius — — 1/8 Mile Radius Scale: 1 inch = 1963 feet e ® % Sidor Property �. A Scale: 1 inch =1182 feet A f 1 • i S� Toxics Targeting 1/2 Mile Buffer Search Map Sidor Property Mattituck, NY 11952 IA N W E S Suffolk County ODelisted NPL Site CERCLIS Superfundq CERCLIS Superfund Non-NFRAP Site # NFRAP Site ®Hazardous Waste Treater, Waterbody Storer, Disposer Railroad ®Hazardous Substance Waste Disposal Site Solid Waste ® Facility 1 Mile — - • 1/2 Mile Radius OBrownfields Site Hazardous Material Spill — — 1/8 Mile Subject Area Waterbody — — County Railroad Border Tracks 1 Mile — - • 1/2 Mile Radius Radius — _ = 1/4 Mile — — 1/8 Mile Radius Radius e .O Sidor Property K- e � s 4 e • � w Scale: 1 inch = 791 feet • Toxics Targeting 1/4 Mile Buffer Search Map Sidor Property Mattituck, NY 11952 N W E S Subject Area County Border _ = 1/4 Mile Radius Suffolk County Enforcement Docket Facility Air Release Petroleum Bulk Storage Facility Hazardous Waste Iffi Generator, Transp. Waterbody Railroad Tracks — 1/8 Mile Radius Oil OMajor Storage Facility Q Chemical Storage Facility iKToxic Release 17 Wastewater Discharge Subject Area County Border _ = 1/4 Mile Radius Suffolk County Enforcement Docket Facility Air Release Petroleum Bulk Storage Facility Hazardous Waste Iffi Generator, Transp. Waterbody Railroad Tracks — 1/8 Mile Radius 9 e e e Sidor Property r. ° 3, r a w Scale: 1 inch = 791 feet • Toxics Targeting 1/4 Mile Buffer Closeup Map Sidor Property Mattituck, NY 11952 N AL W"7vE S Subject Area Waterbody Suffolk County Railroad National PriorityO Tracks Delisted NPL Site " — — 1/8 Mile List (NPL) Radius CERCLIS Superfund # CERCLIS Superfund Non-NFRAP Site ** NFRAP Site Inactive Hazardous Waste ' Inact. Haz Waste Disp. ® Disposal Registry Site N Registry Qualifying ®Hazardous Waste Treater, '* ❑ RCRA Corrective " Storer, Disposer Action Facility ®Hazardous Substance ® Solid Waste ** Waste Disposal Site Facility OMajor Oil "`* @ Brownfields Site'* Storage Facility 0 Chemical Storage Facility "' Hazardous Material Spill " iKToxic Release 17 Wastewater Petroleum Bulk *" Discharge *** Storage Facility Enforcement Docket Facility "' 0 Hazardous Waste Generator, Transp. *" Air Release �T T Remediation _•: ,:,.: j Site Borders Subject Area Waterbody — — County Railroad Border Tracks — _ = 1/4 Mile — — 1/8 Mile Radius Radius 1 Mile Search Radius " 1/2 Mile Search Radius `"* 114 Mile Search Radius IHistorical Topographic Map I i TARGET QUAD SITE NAME: Sidor Property, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: SHELTER ISLAND CONTACT: Steven Mcginn MAP YEAR: 1904 ADDRESS: 2010 Oregon Road INQUIRY#: 4011969.1 Mattituck, NY 11952 RESEARCH DATE: 07/21/2014 SERIES: 15 LAT/LONG: 41.0109 / -72.5284 SCALE: 1:62500 IHistorical Topographic Map h i TARGET QUAD SITE NAME: Sidor Property, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: MATTITUCK HILLS CONTACT: Steven Mcginn MAP YEAR: 1944 ADDRESS: 2010 Oregon Road INQUIRY#: 4011969.1 Mattituck, NY 11952 RESEARCH DATE: 07/21/2014 SERIES: 7.5 LAT/LONG: 41.0109 / -72.5284 SCALE: 1:25000 5s Historical Topographic Map Duck 40 a 1337 1 n\ 14 33 t t t J t J � f a tf 13 c ~ / �� e �a N . 10 ': 7wJJ f' ' ''� � � (' ,� ` /-.. as �� �• , .r� / Q D- SITE °• \ Jo ater`� 0 of ti • v 1 V 61ti �I �V /,w j� o j�i�• .o '►- `�'� \ �,1p4r4y \�"` D ` V � ,�:�' it 0 i � h Waterville 40 o Tower � Shore Tawe pY=: ale,: O ' J `BAY yfEWri •'Ae ._. / y,a� A 1 Y•,�\� „ 25 jA . — - 3 2MATNTUCK rJM UNG. N. Y. 25i U c f. �nrErucR s•c s.:�,r., naru+o roe. o c.-�aee-e• „i,1O ' 30" I TARGET QUAD SITE NAME: Sidor Property, Mattituck CLIENT: Nelson, Pope & Voorhis LLC N NAME: MATTITUCK HILLS CONTACT: Steven Mcginn MAP YEAR: 1956 ADDRESS: 2010 Oregon Road INQUIRY#: 4011969.1 Mattituck, NY 11952 RESEARCH DATE: 07/21/2014 SERIES: 7.5 LAT/LONG: 41.0109 / -72.5284 SCALE: 1:24000 H E A R I N G • 0 • 0 RESOLUTION 2014-594 ADOPTED DOC ID: 9943 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-594 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 1, 2014: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 15, 2014, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel. Said property is identified as SCTM #1000-100.-4-4. The address is 2010 Oregon Road in Mattituck. The property is located in the A -C zoning district and lies between Oregon Road and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 53.9± acres (subject to survey) of the 61.1± acre farm parcel. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 53.9± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • • LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 15, 2014, at 4:32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on Property owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel. Said property is identified as SCTM #1000-100.-4-4. The address is 2010 Oregon Road in Mattituck. The property is located in the A -C zoning district and lies between Oregon Road and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 53.9± acres (subject to survey) of the 61.1± acre farm parcel. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty- five thousand dollars) per buildable acre for the 53.9± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. Dated: July 7, 2014 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on July 10, 2014 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P O Box 1179, Southold, NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website Land Preservation • SOUTHOLD TOWN BOARD PUBLIC HEARING July 15, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 4:45 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) • of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, July 15, 2014, at 4.32 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the purchase of a development rights easement on property owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel. Said property is identified as SCTM #1000-100.-4-4. The address is 2010 Oregon Road in Mattituck. The property is located in the A -C zoning district and lies between Oregon Road and Wickham Avenue in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 53.9± acres (subject to survey) of the 61.1± acre farm parcel. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the property owners. The easement will be acquired using Community Preservation Funds. This project may be eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 53.9± acre easement plus acquisition costs. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. I do have an affidavit that it was posted on the Town Clerk's bulletin board, I have a copy of that here. I have a copy of the printed legal notice in the Suffolk Times for this hearing and I have a memorandum from the LWRP coordinator, Mark Terry and it is his recommendation that the DRE Public Hearing Sidor, Kraebel and Regeness July 15, 2014 2 proposed action is consistent with the policy standards and therefore is consistent with the LWRP. SUPERVISOR RUSSELL: Would anybody like to comment on this particular public hearing? Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Melissa Spiro. The landowners have offered a development rights easement on just under 54 acres of land. The two areas that have been excluded from the easement, one up on the north side that's about 5 acres and it has the potential to be subdivided for one additional residential lot. There's another on the south side that's about 2.6 acres down by Wickham Avenue. The project not only meets but exceeds the goals of the town's preservation program. The landowners are preserving over 88% of the farm. The soils are all prime agricultural soils with all in active agricultural production. Preservation of the farm completes a large block of preserved farmland, over 180 acres from Oregon Road south over to Wickham Avenue and from Mill Lane east to Elijah's Lane. There's a whole block of preserved land. The preserved active farmland that spans outside that block to the north to the south and to the east and the west, if you look at that map every farm that has a white label on it, it's preserved. So it really expands the block. The town was awarded a grant for the project under the federal farm and ranchland protection program in the amount of $1,898,000. Assuming the project is eligible, we will receive reimbursement of that amount. That will allow us to leverage our preservation funding and allow us to preserve more farmland once we receive that reimbursement. I thank the landowners for offering this farm for preservation and I am glad that our program is here to help farm families stay in the business of farming. Both the Land Preservation Committee and I strongly support this and we hope that the Town Board proceeds with this purchase. Thank you. SUPERVISOR RUSSELL: Thank you. Would anyone else like to comment on this particular public hearing? (No response) This hearing was closed at 4:49 PM 0 Elizabeth A. Neville Southold Town Clerk 9 p U R C H A � S E R E S O L U T I O RESOLUTION 2014-627 ADOPTED DOC ID: 9946 • THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-627 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 15,2014: WHEREAS, the Town Board of the Town of Southold held a public hearing on the question of the purchase of a development rights easement on a certain parcel of property owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel on the 15th day of July, 2014, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as SCTM #1000-100.-4-4. The address is 2010 Oregon Road in Mattituck. The property is located in the A -C zoning district and lies between Oregon Road and Wickham Avenue in Mattituck, New York; and WHEREAS, the development rights easement comprises a part of the property consisting of approximately 53.9± acres (subject to survey) of the 61.1± parcel's total acreage. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owners; and • WHEREAS, the easement will be acquired using Community Preservation Funds. This project is eligible for partial funding from an awarded grant from the United States Department of Agriculture - Natural Resources Conservation Service (USDA-NRCS). The purchase price is $65,000 (sixty-five thousand dollars) per buildable acre for the 53.9± acre easement plus acquisition costs; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and WHEREAS, the purchase of the development rights on this property is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, and WHEREAS, the proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and Local Waterfront Revitalization Program ("LWRP") and the LWRP Coordinator has recommended that this action is consistent with the LWRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold is purchase the development rights on this agricultural land; and, Resolution 2014-627 Board Meeting of July 15, 2014 WHEREAS the Town Board of the Town of Southold classifies this action as an Unlisted . Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; and, WHEREAS, the Town of Southold is the only involved agency pursuant to SEQRA Rules and Regulations; and, WHEREAS, the Town Board of the Town of Southold accepted the Short Environmental Form for this project that is attached hereto; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby finds no significant impact on the environment and declares a negative declaration pursuant to SEQRA Rules and Regulations for this action; and, be it further RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development rights easement on agricultural land owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, identified as part of SCTM #1000-100.4-4. 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: Robert Ghosio, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell of Updated: 7/15/2014 11:10 AM by Lynda Rudder Page 2 OFFICE LOCATION: • Town Hall Annex 54375 State Route 25 (Cor. Main Rd. & Youngs Ave.) Southold, NY 11971 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORAN M To: Town of Southold Town Board From: Mark Terry, Principal Planner LWRP Coordinator Date: July 10, 2014 Re: Proposed purchase of a development rights easement on property owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel. SCTM # 1000-100.-4-4. Location: 2010 Oregon Road in Mattituck Zoning District A -C The action involves the proposed purchase of a development rights easement on a part of the property consisting of approximately 53.9± acres (subject to survey) of a 61.1± acre farm owned by Martin Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel. 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) 76571938 if you have any questions regarding the above recommendation. Cc: Martin Finnegan, Town Attorney Melissa Spiro, Land Preservation Coordinator WECOUEQ JUL 1 1 2014 • 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION Tobe completed by Applicant or Project Sponsor) , 1. APPLICANT/SPONSOR 2. PROJECT NAME J w 04- (tev. Ric L ; S4(o2 rAR 3. PROJECT LOCATION: Municipality ,N County sac F -0t. k 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) SCTM OC)O - 100 - 4 - 4 foto Oc.sow��, /V�.�l► �ciZ 5. PROPOSED ACTION IS: New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY! owA q?vrckas.e .4 cleveio?men& 6►61�s -eaterneA op 53.?:tncr41s �CLCM 7. AMOUNT OF LANDkFFECTED: -F Initially Sal el -- acres Ultimately -53.9 *' acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ® Yes 1-1 No If No, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? XResidential E] Industrial F—] Commercial Agriculture Park/Foresf/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? toYes a No If Yes, list agency(s) name and permittapprovals: (� `Cowes may rtr-slrt �eclk:c` 4vw .ij -From cLwcl-&e� 5TOA '' 11n'` Ov>p►-NPGS, 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes © No If Yes, list agency(s) name and pennit(approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? E]Yes Q No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Sot tLo L cir.() �4Ce S CwA ckDate: 7 , 04 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before prodeeding with this assessment OVER 1 • • PART II - IMPACT ASSESSMENT (To be completed by Lead Aaencv) 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. 11 Yes ® No B. 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. Yes [�j No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) Cl.. 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: )JO C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: 00 C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing. plans or goals as officially adopted, or a change in use or intensity of use of land. or other natural resources? Explain briefly: AJv C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: NO C6. Long JJterm, short term, cumulative, or other effects not identified in C1-05? Explain briefly: C7. Other impacts (nduding changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? Yes ® No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes [RNo If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by.Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, 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 It was checked yes, the determination of significance must evaluate the potential impact of the proposed action on. the. environmental characteristics of the CFA F] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the EAF and/or prepare a positive declaration. rIqL- Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determir Iml 2-1,301A Date • Su��rz�• S�1!'L. Title of Consiblefficer A� - Signature of repay erent from responsible officer) • C] • S T A T E M E N T • CLOSING STATEMENT MARTIN H. SIDOR, ROBERT SIDOR, DIANE REGENESS and JOANNE KRAEBEL as Co -Trustees of the UNIFIED CREDIT TRUST and also as Co -Executors of the ESTATE OF FRANCES SIDOR to TOWN OF SOUTHOLD part of SCTM #1000-100.4-4 Total Development Rights Easement — 53.9 acres Total Parcel Acreage — 61.0976 acres Reserve Area A Acreage — 4.5544 acres Reserve Area B Acreage — 2.6433 acres Premises: 2010 Oregon Road, Mattituck, New York Closing held on Thursday, December 4, 2014 at 10:30 a.m., Southold Town Hall Annex Purchase Price of $ 3,503,500 (based upon 53.9 buildable acres @ $65,000/buildable acre) disbursed as follows: Payable to Esseks, Hefter & Angel, LLP, as atty $ 3,503,500.00 Check #123192 (12/2/2014) Project eligible for partial reimbursement costs from an awarded USDA-NRCS grant in the amount of $1,898,000 Expenses of Closing: Appraisal (pre -contract) Payable to Lawrence Indimine Consulting Corp. $ 3,400.00 Check #117182 (4/9/2013) Appraisal Update Payable to Lawrence Indimine Consulting Corp. $ 1,800.00 Check #122019 (8/12/2014) 0 Survey Payable to Fox Land Surveying $ 2,500.00 Check #122524 (10/7/2014) Environmental Report (Phase I ESA) • Payable to Nelson, Pope & Voorhis, LLC $ 1,150.00 Check #122164 (8126/2014) Title Report (ST14-21992) Payable to Stewart Title Insurance Company $ 14,272.00 Check #123263 (12/2/2014) Title insurance policy $ 13,672.00 Recording easement, C&R's, $ 600.00 and certified copies Title. Closer Attendance Fee Payable to Patricia Fallon $ 150.00 Check #123193 (12/2/2014) We, the. undersigned parties, do hereby certify that this Closing Statement accurately reflects the distribution of the. easement purchase price and • expenses incurred by the Town of Southold towards. this project, excluding Town's. legal fees. "In 11 - V Martink. Sidor Robert Sidor Jo ne Kraebel Melissa Spiro, Lan reservation Coordinator Town of Southold • 0 0 Those present at Closing: Scott A. Russell Lisa Clare Kombrink, Esq. Carmela M. Di Talia, Esq. Martin H. Sidor Robert Sidor Joanne Kraebel Patricia Fallon Bob Fallon Melissa Spiro Melanie Doroski Southold Town Supervisor Attorney for Town of Southold Attorney for Sidor Family Grantor Grantor Grantor Title Company Closer Title Company Closer (assistant) Land Preservation Coordinator Land Preservation Sr Adm Asst ... .................... ----------- * ......... ....... ....... .................... ----------------------- ...................... -------------------- ........ .............. ........................ .......... ------ - .......... ....................... .................... ..................... ...... ..................... ..................... .................. ...... TOWN OF SOUTHOLD 0 VENDOR 005499 ESSEKS,HEFTER & ANGEL,LLP 12/02/2014 CHECK 123192 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-627 120414 53.9A AC DEV RTS-SIDOR 3,503,500.00 TOTAL 3,503,500.00 OF0 AV y Ile 4y THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER `Q ft WWI, lop wp�--npq -16W171 Z 00 --w-, "Now, q �,qk�px n ms •---;Wawm Lawrence Indimine Consulting Corp. • PO Box 1453 Smithtown, NY 11787 (631)979-2735 `r 4 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 Invoice Date Invoice # 3/19/2013 502 Description Amount Appraisal of Real Property of Martin Sidor, et al 3,400.00 Located 2010 Oregon Road, Mattituck, NY SCTM #1000 -100 -4 -part of le #13044 RECENED MAR 2 1 2013 DEPT. OF LAND PRESERVATION Thank you for your business. Total $3,400.00 • TOWN OF SOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 04/09/2013 CHECK 117182 FUND & ACCOUNT H3 .8660.2.500.200 P.0_# INVOICE DESCRIPTION 25302 502 SIDOR APPR.DEV RGHTS TOTAL AMOUNT 3,400.00 3,400.00 " —9 '"W^' ' ' $ • .,e - f - T�D3 , T. 1 k x n floilip x t79 ,` CHIf t3Q 117182+ y ®Li4 C�xk1�AONAL+BR�IIC UT�"+1pc3t#NT .. r• '= r SDS t4 s r r�j4tY'Q� 3 13 ;! �• fi $3 4(n Ob I Mr r T iRE�E Tffau9. m F H, "D ANij:tt08% 4�E1 ori x a r 1 �.' f VP r+4 � •3' .. . .tY f�Ai�iGENti CON5UL'Y COR.R TOME PO SOX r`i4 i OF; n�L I? 18 211, 1:0 2 105 , 6 4+: 6 3 000001, Oil' Lawrence Indimine Consulting Corp. • PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 Invoice Date Invoice # 8/1/2014 632 Description Amount Appraisal Update for Property of Sidor 1,800.00 Located 2010 Oregon Road, Mattituck, NY SCTM #1000-100-4- part of 4 le #14084 RECENED AUG -4 2014 DEPT. OF LAND PFi-crPt„TuiN Thank you for your business. Total $1,800.00 TOWN OF SOUMOLD • VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 08/12/2014 • CHECK 122019 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 26939 632 APP.UPDATE-SIDOR-DEV RTS 1,800.00 TOTAL 1,800.00 David H. Fox 0r'ox Land Surveying 4 Sunset Avenue r Westhampton Beach, NY 11978 631-288-0022 Fax 631-288-2406 BILL TO Town of Southold # 1000-100.00-04.00-0004.000 Re: Sidor Invoice DATE INVOICE # 9/23/2014 2014-532 DESCRIPTION AMOUNT Update survey for development rights easement WEVU O U ED Subtotal SEP 2 4 2014 Payments/Credits DEPT. OF LAND PRESERVATION Balance Due 2,500.00 $2,500.00 $0.00 $2,500.00 --- --------- - . ......... ------------- ......... ........... - ....... ......... . . I ..................... ............... .................... ....... ...... .............. ...... .. .......... ....................... ..... TOWN OF SOUTHOLD • VENDOR 004020 DAVID H. FOX LAND SURVEYOR 10/07/2014 CHECK 122524 _ FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 26941 2014-532 SIDOR UPDATED SURVEY 2,500-00 TOTAL 2,500-00 invoice Nelson Pope & Voorhis, LLC 572Walt Whitman Road Melville, NY 11747 • (631)427-5665 Au gust 19, 2014 Melissa Spiro Project No: V14X166.001,000 Town of Southold Dept of Land Presery Invoice No: 11051 Town Fall Project Manager Steven,McGinn TOWN OF SOUTHOLD • VENDOR 014161 NELSON POPE & VOORHIS, LLC 08/26/2014 CHECK 122164 • AMOUNT 1,150.00 1,150.00 • • INVOICE NUMBER: 20582 TITLE NO.: 1421992 this insurance company APPLICANT/CLIENT: Southold Town - Dept. of Land Southold NY 11971 Preservation LENDER'S ATTORNEY: N/A SELLER'S ATTORNEY: Esseks, Hefter & Angel, LLP PROPERTY ADDRESS: 2010 Oregon Road , Mattituck PROP TYPE: NY District: 1000 Section: 100.00 Block: 04.00 Lot: 004.000 rt ti L':. ar 4 O � F Y' yq•4*a this insurance company 54375 Route 25 INVOICE DATE: 11/25/2014 TITLE CLOSER: Fallon, Pat CLOSING DATE/TIME: 12/4/2014 10:30 AM CLOSING LOCATION: Southold Town - Dept. of Land PREMIUM: Preservation 54375 Route 25 Fee Insurance (Liability Amount: $3,503,500.00) Southold NY 11971 $13,672.00 (631)765-5711 TRANSACTION TYPE: Easement SALES PRICE: $3,503,500.00 COUNTY: Suffolk PROP TYPE: Vacant PURCHASER/BORROWER: Town of Southold SELLER (S): Martin Sidor Robert Sidor Diane Regeness Joanne Kraebel PREMIUM: *Taxable at 8.625%. NEW YORK METRO Fee Insurance (Liability Amount: $3,503,500.00) $13,672.00 $13,672.00 212-922-1593 fax ENDORSEMENTS: Stewartnewyork.com SEARCH FEES: RECORDING FEES: *** (Please add $5 for each add'I pg if greater than pg count shown Recording Fees - Easement w/TP-584 -C&R (NOTE: Please obtain and supply a certified copy of the Easement to Applicantpost-closing) $600.00 $600.00 TAXES: (TRANSFER/MANSION/MORTGAGE) NYS Transfer Tax (usually paid by seller) - NOTE: PENALTIES & INTEREST WILL ACCRUE IF NOT RECEIVED BY NYS DT&F WITHIN 15 DAYS OF DATE OF DELIVERY. ($14,014.00) EXEMPT - See exemption claimed on TP -584 ** Peconic Bay Regional Town Transfer Tax ($68,570.00) EXEMPT - See exemption claimed on Transfer Form ** ADDITIONAL: SUBTOTAL: $14,272.00 $14,272.00 $0.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $14,272.00 $14,272.00 $0.00 $0.00 RECEIPTS DIRECT CHECKS: AMOUNT: STIC CHECKS: AMOUNT: . *Taxable at 8.625%. NEW YORK METRO 800-853-4803 212-922-1593 fax Stewartnewyork.com 707 Westchester Ave, 4th FI 300 East 42nd Street, 10th Floor 100 Motor Parkway, Suite 150 White Plains, NY 10604 New York, NY 10017 Hauppauge, NY 11788 Pagel of 3 fF too I THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER . ..... . .... 11, '.. 4 �' . �"""'�M1YI"�"'IAlpl .i.. ................ --------------- ---- ...................... ...................=-----------------'----= ---------------------- TOWN OF SOUTHOLD ------------------ ........... -- ........ ------------------------ ....................... ................ .......... - ............ ............ - ....... .......... I .......... .................. ...................... ....................... VENDOR 019624 STEWART TITLE INSURANCE CO. 12/02/2014 CHECK 12326/3 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-627 ST14-21992 SIDOR-TITLE INS POLICY 13,672.00 H3 .8660.2.600.100 14-627 ST14-21992 SIDOR-RCRD EASMNT,C&RIS 600.00 TOTAL 14,272.00 fF too I THE ORIGINAL CHECK HAS A COLORED BACKGROUND, A VOID COPY FEATURE AND WATERMARK PAPER . ..... . .... 11, '.. 4 �' . �"""'�M1YI"�"'IAlpl .i.. - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •...--- . . . . •---. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------ . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ------------- ... - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOWN OF SOUTHOLD VENDOR 006013 PATRICIA FALLON 12/02/2014 CHECK 123193 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.600.100 14-627 120414 SIDOR-TITLE,CLOSURE 150.00 TOTAL 150.00 F 04 LI • c: R E C O R D E D E A S E M E N T SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 12/18/2014 Number of Pages: 38 At: 12:08:59 PM Receipt Number : 14-0166902 Handling $20.00 TRANSFER TAX NUMBER: 14-13201 LIBER: D00012800 NO NYS SRCHG PAGE: 786 District: Section: Block: Lot: Notation $0.00 100.00 04.00 004.002 �00 EXAMINED AND CHARGED AS FOLLOWS $60.00 Deed Amount: $3,503,500.00 $0.00 NO Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County 0 Exempt Exempt Page/Filing $190.00 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 $40.00 NO RPT $60.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $335.00 TRANSFER TAX NUMBER: 14-13201 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 0 0 M5• dumber of pages . _RDE:: RECORDED Dec- e-Thls JUDITH A. PASCALE Thisdocument will be public record. Please ,remove .all. .. CLERK IF SUFFOLI:. COUINTY Social Seputify' Numbers I �� n i� It 1`JCrJ - _ - r, _. prior to recording.r r D-rs d -tom' -i Deed. / Mortgage. Instrument Deed /..Mortgage. Tax Stamp Recording 1 Filing Stamps 3 FEES , Mortgage Amt. Page / Filing'Fee 1. Basic -Tax " Handling 00 2, Additional Tax IT -584 _'._, •. S.ub;Tofal:.. .:�., ,.... Spec;%Assit. Notation or EA -52.17 (County) _ Sub,Toial Spec. /Add." EA -5217` State) j ` ` TOT;:MTC3.:TAX Dual Town Dual :County R,P,T.S.A. :'j : -Held fori Appointment._ Comm. of Ed. 5. o �. Transfer Tax' + Mansion Tax Affidavit _ ��,�f_ a The property covered by this mortgage i Certified'Gopy,. _ � will.lbe.;improved. by. a one or tw NYS Surcharge. 15, •00 0 0 3 family dwdWng only. .: . Sub Total YES or NO Other, .. ,._ i3raiid Total if NO, see appFppriato tax .cl}ause on Rase # of tbi ins.. 11� 4 Dist.%DSD :,� 2851007 1000 10000 0400 004002 . 'S Community Preservation'Fun• Consideratidn Ar ount s t35 i Real Property D T S O RHA Tax Service Agency �a oec-� CPF Tax Due:. $. . Verificatio _ .._ ._....__ __..._. Improved 6 Satisfac 'one/Discharges/Relpasosu;� 0perty Owners Mailing Address RECORD 8i RETURN TO: Vacant Land N/� �O�oSKJ •,. . TD T aIN a� �'ounto�o, ��: aF �Ar�o P,e�pevfrrro,V ?s'R.nxt{r. AK //79 JD Mail to: Judith A. Pasoale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co. Name $7�zv�- www.suffolko6untyny.gov/clerk Title # s Suffolk fount Recordig & Endorsement Page This page. forms part of the attached CANT dF 6VeMWr made by: (SPECIFY TYPE .OF INSTRUMENT) UAIICin (7-Aa1"r7A_&.r' •` UM6Cz ZZ69Lllll4A, dF The premises herein is situated in f71A721IN �3. J 16,9 e, It h -Art. 7N& FS7A, SUFFOLK COUNTY, NEW YORK. StOa� TO _ In the TOWN of cSou 777�0 co In the VILLAGE .. or HAMLET of - 047Y-7TILcK Bb , 6 `I'HRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING, I .0 • STEWART TITLE INSURANCE COMPANY 707 Westchester Avenue, Suite 411 White Plains, NY 10604 GRANT OF DEVELOPMENT RIGHTS EASEMENT ,TMIS GRAN OF DE \ ELOPMENT RIGHTS EASEMENT, is made on the �day of , 2014 at Southold, New York. The parties are Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, as Co -Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (as to a 50% interest), and also as Co -Executors of the Estate of Frances Sidor (as to a 50% interest), with an address of 2010 Oregon Road, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called 'Grantee") and the United States of America (""United States") by and through the United States Department of Agriculture ("USDA") Natural Resources Conservation Service (`"NRCS") acting on behalf of the Commodity Credit Corporation, as its interest appears herein, for the purpose of forever conserving the agricultural productivity of the Protected Property and its value for resource preservation and as open space. • INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-100-4-4, more fully described in SCHEDULE "A" attached hereto and made a part hereof and hereinafter referred to as the `" Protected Property" and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the 'Survey"); and WHEREAS, the Protected Property is located in the A -C Zoning District of the Town of Southold; and WHEREAS, the Protected_ Property contains soils classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture, Natural Resources Conservation Service's (formerly the Soil Conservation Service) Soil Survey of Suffolk County, New York; and WHEREAS the Federal Farm and Ranch Lands Protection Program's purpose is to assist in the purchase of conservation • easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.C. 3838h and 38381). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") acting on behalf of the Commodity Credit Corporation, has provided One Million Eight Hundred Ninety -Eight Thousand Dollars ($1,898,000.00) to the Grantee for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Protected Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Protected Property for agricultural production as defined in this Easement; and WHEREAS, the Protected Property is currently used for agricultural production; and • WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Protected Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Protected Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Protected Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order 2 to restrict the further development of the Protected Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Protected Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Protected Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantor, its legal representatives, successors and assigns, the fee title to the Protected Property, and the exclusive right • of occupancy and of use of the Protected Property, subject to the limitations, conditions, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Protected Property. The Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Warranty . Grantor warrants and represents to the Grantee that Grantor is the owner of the Protected Property described in Schedule "A", free of any mortgages or liens, as set forth in Stewart Title Insurance Company Title Report No. ST14-21992 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including 3 • development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, conservation and agricultural values of the Protected Property and have the common purpose of preserving these values by limiting nonagricultural uses of the Protected Property. This instrument is intended to convey a Development Rights Easement on the Protected Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, scenic, agricultural, conservation and natural values by preventing th*e use or development of the Protected Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. • 0.04 Governmental Recognition New York State has recognized the importance of private efforts to preserve rural land in a scenic, natural, and open condition through conservation restrictions by the enactment of General Municipal Law §247. Similar recognition by the federal government includes §170(h) of the Internal Revenue Code (`"IRC") and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance and execution of this Development Rights Easement that present uses of the Protected Property, and related structures and improvements on the Protected Property, if any, are compatible with the purposes of this Easement. In order to aid in identifying and documenting the present condition of the Protected Property's natural, scenic, conservation, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting the Protected Property's agricultural values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Protected Property and ensuring compliance with the terms hereof, Grantee has prepared, with Grantor's cooperation, an inventory of the Protected Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but need not be limited to, a survey prepared by David H. 4 0 Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1, 2014, and a Phase 1 Environmental Site Assessment prepared by Nelson Pope and Voorhis, LLC dated August 6, 2014. 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 Protected Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a Development Rights Easement (herein called the "Easement"). This Easement shall consist of the limitations, agreements, covenants, use restrictions, rights, terms, and conditions recited herein. Reference to this "Easement" or its "provisions" shall include any and all of those limitations, covenants, use restrictions, rights, terms and conditions. 1.02 Definitions "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Protected Property for uses or purposes consistent with the terms of this Easement, including agricultural production as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as Chapter 70 may be amended and including the production of crops, livestock and livestock products as presently defined in §301(2)(a) -(j) of the New York State Agriculture and Markets Law ("Agriculture and 5 • Markets Law"), now, or as §301(2)(a) -(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Farm Labor Housing" shall mean dwellings or structures, together with accessory improvements used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the Farm Operation. For instance, a structure used as a primary residence of a farm owner is not "farm labor housing". "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Protected Property" shall mean the property subject to this • Easement, consisting of part of SCTM# 1000-100-4-4, more fully described in the Schedule "A" attached hereto and made a part hereof and shown on the survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 11 2014 (a reduced copy of which is attached hereto and made a part hereof). "Riding Academy" shall mean a business use of a lot for any of the following purposes: the letting of horses for hire to individuals or groups whether supervised or unsupervised, horseback riding instruction or the holding of horse shows or other equine events. "Structure" shall mean anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, posts and wiring, farm roads, farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Protected Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 0 1.03 Duration This Easement shall be a burden upon and run with the Protected Property in perpetuity. 1.04 Effect This Easement shall run with the Protected Property as an incorporeal interest in the Protected Property, and shall extend to and be binding upon Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and everyone of its subsequent agents, successors, and assigns, and the word Grantor and/or Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for THREE MILLION FIVE HUNDRED THREE THOUSAND FIVE HUNDRED AND 00/100 DOLLARS ($3,503,500.00) good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the • Property: 7 C7 3.01 Structures No structures may be erected or constructed on the Protected Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee) and other applicable provisions of the Town Code and this Easement, included but not limited to Section 1.02, Section 3.07 and Section 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining Mineral exploitation, and extraction of any mineral (including, but not limited to soil, gravel, sand and hydrocarbons) by any method, surface or subsurface, is prohibited. Grantor shall not remove or fill topsoil, sand, or any other materials, nor shall the topography of the Protected 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 Protected • Property, under the terms herein. Grantor may remove topsoil, sand or other materials for purposes or erosion control and soil management only with the prior written approval of Grantee. The Land Preservation Committee has the right to require a Natural Resources Conservation Service (NRCS) farm management plan for the Protected Property prior to the removal of topsoil, sand or other materials, based on the extent and type of materials removed or on the alteration of the topography of the Property. Agricultural practices that are determined to be in accordance with an NRSC farm management plan shall not be prohibited. 3.03 Subdivision Except as provided in this Section 3.03, the Protected Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Protected Property from which the development rights • are acquired into two or more parcels, in whole or in part. • Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, subdivide the Protected Property into three (3) parcels, as depicted on the attached Schedule "B". In the event that the Protected Property is subdivided, any portion of the Protected Property so subdivided shall remain subject to this Easement. Subject to the approval of the Grantee, the allocation of the following rights between the subdivided parcels shall be determined by the Grantor and shall be set forth in the deed for any subdivided parcel conveyed, in an amendment to this Easement, or in another appropriate document to be recorded in the office of the County Clerk: (1) Construction of impervious surfaces as set forth in Section 3.07 ("Impervious Surfaces"); and (2) Construction or placement of structures under Section 4.06 ('Structures"); and • (3) Construction or placement of utilities under Section 3.06 ("Utilities"). Such allocation of the rights listed in paragraphs (1)-(3) shall not result in total allowances greater than those allowed under each such section. Boundary line adjustments are permitted in the case of technical errors made in the survey or legal description. In such cases, boundary line adjustments cannot exceed 2 (two) acres for the entire Protected Property. Boundary line adjustments needed to correct technical errors that exceed 2 (two) acres will require Grantor and Grantee to.amend this Easement pursuant to Section 7.02 ("Amendment"). Grantor may also seek to adjust lot lines between the Protected Property and adjacent agricultural parcels, provided that such adjustments do not result in any loss of acreage to the Protected Property. No new parcel may be created by such boundary line adjustments. Prior to making any subdivision or other application to adjust the lot lines of the Protected Property, Grantor shall consult with NRCS to 9 • ensure that any subdivided parcels meet all NRCS eligibility requirements. Grantor shall provide NRCS with copies of any and all documents requested by NRCS in connection therewith. Mortgages or other non -possessory interest in land do not constitute subdivision for the purpose of this Easement, provided that such interests encompass the whole Protected Property. Only a part of the Protected Property that has been legally sold or conveyed separately from the remainder of the Protected Property, in conformity with this Section 3.03, may be mortgaged separately from the remainder of the Protected Property. The provisions of this section 3.03 are subject to a further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. 3.04 Dumpin • The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Protected Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Protected Property, including fertilization, composting and crop removal. This prohibition will not prevent generally accepted agricultural or wildlife management practices, such as creation of brush piles, composting, or the storage of farm machinery, organic matter, agricultural products, or agricultural byproducts on the Protected Property. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Protected Property is permitted by this Easement. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Protected Property and only for any of the following purposes: (a) to state the name of the Protected Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Protected Property or any portion thereof for sale or rent, (c) to post the Protected Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce 10 • Grantee's easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The granting of easements for utilities and installation of new utilities (power lines, gas lines, sewer lines, water lines, telecommunications towers, and wind farms) is prohibited as an encumbrance on the Protected Property rights of the United States. Notwithstanding that prohibition, Grantor may grant easements for the installation of utilities necessary for permitted uses of the Protected Property. Existing utilities may be replaced or repaired at their current location. The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Protected Property to service structures approved pursuant to Section 4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be • constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Protected Property. The Protected Property may not be used for the creation or placement of utilities to service any other properties. Grantor shall also have the right to erect structures and improvements necessary for the purpose of generating renewable energy for the agricultural needs of the Protected Property. Renewable energy structures and improvements may be built as permitted by Section 4.06 herein and the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures and improvements are consistent with and do not derogate from a defeat the Purpose of this Easement on other applicable laws. Renewable energy sources must be built in accordance with impervious surface limits, with minimal impact on the conservation values of the Protected Property and consistent with the Purpose of this Easement. 3.07 Impervious Surfaces • Impervious surfaces are defined to include permitted residential buildings, agricultural buildings (with or without flooring), and paved 11 • areas on the Protected Property (but not including public or country roads or other roads paved by easement holders who have rights that may be superior to the rights conveyed to Grantee by this Grant of Development Rights Easement) may not exceed eight percent (8%) of the total Protected Property acreage. In the event the Protected Property is subdivided as provided in Section 3.03 above, the total cumulative impervious surface found on each subdivided parcel shall not exceed the eight percent (8%) impervious surface limitation. In the instrument of subdivision, the total impervious surface limit must be allocated between each subdivided parcel by the Grantor with the prior approval of the Grantee. 3.08 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Protected Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently Is referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a) -(j) of the Agriculture and Markets Law, now or as said §301 (2)(a) -(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Protected Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Protected Property. 3.09 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters 12 • shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are in accordance with sound agricultural management practices of the NRCS. 3.10 Conservation Plan All agricultural operations on the Protected Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide, 7 CFR Part 12 and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection Program will be subject to the Conservation Plan. The resource management system for cropland, prescribed in the Conservation Plan for all cropland enrolled in FRPP, will assure that selected conservation practice alternatives will prevent sheet and rill erosion from exceeding the current published soil loss • tolerance level. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 3.11 Conservation Compliance Provisions of the Conservation Plan As required by Section 1238I of the Food Security Act of 1985, as amended, the Grantor, its heirs, successors, or assigns, shall conduct all agricultural operations on the Protected Property in a manner consistent with a conservation plan (the ""Conservation Plan") prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall .be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on the date of this Easement. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. 13 • In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. Grantor shall be liable for any costs incurred by NRCS as a result of the Grantor's negligence or failure to comply with the conservation easement requirements as it relates to conservation plan violations. If the.NRCS standards and specifications for highly erodible land • are revised after the date of this Easement based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised Conservation Plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.12 Drainage The use of the Protected Property for a leaching or sewage disposal field shall be prohibited. The use of the Protected Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan and in order to control flooding or soil erosion on the Protected Property. 3.13 Development Rights The -use of the acreage of this Protected Property for purposes of calculating lot yield on any other property shall be prohibited. Grantor . hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Protected Property) on the Protected Property, except for the right 14 • to use the Protected Property for agricultural production as set forth in Article Four below and the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. 3.14 Roads Existing roads, as identified in the Baseline Documentation Report may be maintained and repaired in their current state. New roads may be constructed only if they are necessary for agricultural operations on the Protected Property. Paved roads are subject to the impervious limitation in section 3.07. 3.15 Fences Existing fences may be repaired and replaced and few fences built on the Protected Property as necessary for agricultural operations on the Protected Property, including customary management of livestock and to delineate the boundary of the Protected Property, subject to applicable provisions of the Town Code. 3.16 Motorized Vehicle Use Grantor may not use motor vehicles on the Protected Property or grant permission for such use except as necessary in the accomplishment of the agricultural, forestry, habitat management, law enforcement and public safety, or other permitted uses of the Protected Property, provided that no use of motorized vehicles may create impacts that are detrimental to the productivity of the soils on the Protected Property and the purposes of this Easement; however, notwithstanding the foregoing, use of snowmobiles on snow is allowed on the Protected Property. 3.17 Industrial or Commercial Uses The establishment of any commercial or industrial facilities is prohibited (other than those necessary in the operation or uses of the Protected Property expressly permitted by this Easement) including but not limited to, a commercial feed lot, any retail sales or service business, restaurant, night club, campground, trailer park, motel, hotel, commercial recreation facility, gas station, retail outlet, or 15 facility for the manufacture or distribution of any product (other than products to be grown or produced on the Protected Property in connection with the purposes expressly permitted in this Easement). ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Protected Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Protected Property. 4.03 Use Grantor shall have the right to use the Protected Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor shall have the right to use the Protected Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Protected Property for traditional private recreational uses, including, but not limited to, hunting, cross-country skiing, camping, and horseback riding, subject to the limitations set forth in this Easement, including Section 3:01 and 4.06 ("Structures"), provided such recreational uses are conducted for the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for sale or for other commercial purposes, including the commercial gain of Grantor or others. iL 0 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Protected Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged, fallen, or interfering with agricultural production, to clear wooded areas for agricultural production in accordance with the Town Code, to thin and prune trees to maintain or improve the appearance of the Protected Property, and to mow the Protected Property. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as Chapter 70 may be amended, and including the production of crops, livestock and livestock products as defined in §301(2)(a) -(j) of the Agriculture and Markets Law, now, or as §301(2)(a) -(j) may be • amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor shall maintain discretion to employ its choices of farm uses and management practices so Fong as those uses and all operations are conducted in accordance with the Conservation Plan referred to in Section 3.10. Grantor may offer "U -Pick" operations and/or the use of a corn or other crop maze to the general public, provided such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the above, "U -Pick" activities shall be deemed a harvesting activity, which is part of a typical agricultural use of the Protected Property, and, therefore, shall not be deemed a recreational use. Agri -tourism activities are permitted, such as farm • tours, work experiences, field trips, corn mazes, and hayrides. 17 • Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited, except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other conservation instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor shall have the right to erect and maintain the following structures and improvements on the Protected Property, as may be permitted by the Town Code, now or as it may be amended, and subject to the approval of the Town of Southold Land Preservation Committee, provided the structures are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Protected Property and agricultural operations on adjacent • properties; (ii) Construction of new structures, including those used for renewable energy production, provided such structures are necessary for or accessory to agricultural production; C] Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural; (iv) Any improvement excluded from the definition of "structure" in Section 1.02. (v) lot coverage with impervious surfaces shall be limited to eight percent (8%) of the area of the Protected Property; 18 • B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable • provisions of the Town Code. 4.07 Farm Labor Housing Subject to Section 4.06 of this Easement, Grantor may construct or place new dwellings on structures exclusively for Farm Labor Housing, limited to no more than one percent (1%) of the Protected Property. 4.08 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.09 Alienability Grantor shall have the right to convey, mortgage or lease all of • its remaining interest in the Protected Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United 19 • States Secretary of Agriculture of any conveyance of any interest in the Protected 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 for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.10 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Protected Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and Purpose of this Easement as set forth in Section 0.03. • ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become...a lien on the Protected Property, including any taxes or levies imposed to make those payments subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 General Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Protected Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be • deemed to be management or control of the activities on the Protected Property. Grantee shall not be liable to Grantor for injuries or death to 20 • persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor shall indemnify and hold harmless Grantee and the United States, their employees, agents and assigns from any and all liabilities, claims, demands, losses, expenses, damages, fines, fees, penalties, suits, proceedings, actions and costs of actions, sanctions asserted by or on behalf of any person or governmental authority, and other liabilities (whether legal or equitable in nature and including, without limitation, court costs, and reasonable attorneys' fees and attorneys' fees on appeal) to which Grantee or the United States may be subject or incur relating to the Protected Property, which may arise from, but are not limited to, Grantor's negligent acts or omissions or Grantor's breach of any representation, warranty, covenant, or agreements contained in this instrument, or violations of any Federal, State or local laws, including all Environmental Laws, as defined below. 5.02A Environmental Warranty "Environmental Law" or `Environmental Laws" means any and all Federal, State, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right -to - know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with, and shall remain in compliance with, all applicable Environmental Laws. Grantor 21 • warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non- compliance with or any liability under any Environmental Law relating to the operations or conditions of the Protected Property. Grantor further warrants that it has no actual knowledge of a release or threatened release of Hazardous Materials on, at, beneath or from the Protected Property, as such substances and wastes are defined by applicable Federal and State law. Moreover, Grantor hereby promises to hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Protected Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Protected Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee or the United States to Grantor with respect to the Protected Property or any restoration activities carried out by Grantee at the Protected Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Protected Property by Grantee. 5.03 Grounds Maintenance Requirement If Grantor leaves the Protected Property open and does not engage in agricultural production for two (2) consecutive years, then Grantor shall implement a Natural Resources Conservation Plan (the "Plan") approved by Grantee, including the Town of Southold Land Preservation Committee, to maintain or restore the Protected Property to the condition in which it existed on the date of this Easement, as evidenced by the documentation referred to in Section 0.05, in order to protect the environmental, natural, scenic, conservation and agricultural values of the Protected Property. This shall not include restoration of trees on formerly wooded areas which were cleared for agricultural production. In the event Grantor fails to comply with the provisions of this section after reasonable written notice is given to Grantor by Grantee, then, in addition to all other remedies set forth herein, Grantee or its agents are hereby authorized to enter upon the Property to implement the Plan, and to recover the costs of such implementation from Grantor, as provided in Section 5.02 and Section 6.03. 22 • ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Protected Property at reasonable times, upon prior notice to Grantor, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Protected Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld, and not more frequently than annually without Grantor's consent. Representatives of the United States Department of Agriculture shall also have the right to enter the Protected Property for monitoring Conservation Plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Protected Property for any other purposes, except as provided in Section 5.03 and 6.03, or to permit access upon the Protected Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.03, Grantee shall have the right to require the Grantor to restore the Protected Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Protected Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather, disease, animal or pest action, or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Protected Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee . hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's 23 part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' written notice thereof by Grantee (which notice requirement is expressly agreed by Grantor to be reduced with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires more immediate action to preserve and protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Protected 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 Protected Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To enforce any term, provision, covenant or obligation in . this Easement or to seek or enforce such other legal and/or equitable relief or remedies as Grantee deems necessary or desirable to ensure compliance with the terms, conditions, covenants, obligations and purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. The cure period in the Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. Grantor shall pay either directly or by reimbursement to Grantee and/or to the United States of America, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee or the United States of America (herein called "Legal Expenses' in connection with any proceedings under this Section, as approved by the Court. Q! • Under this Grant of Development Rights Easement, the United States is granted the right of enforcement in order to protect the public interest. The Secretary of the United States Department of Agriculture (the "Secretary") or his or her assigns, on behalf of the United States, may exercise this right of enforcement under any authority available under State or Federal Law if the Town of Southold, or its successors or assigns, fails to enforce any of the terms of this instrument, as determined in the sole discretion of the Secretary. • 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by registered or certified mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office, recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 25 • 6 06 Extinguishment of Easement/Condemnation The interest of the United States in this Easement is a vested property right that cannot be condemned by State or local governments and may not be extinguished, terminated or condemned without the express written consent of the United States. No proceeding to extinguish or terminate this Easement or to condemn the Protected Property in whole or in part shall be commenced without advance notice to NRCS and the express written consent of the United States. At the mutual request of Grantor and Grantee and the United States of America, a court with jurisdiction may, if it determines that conditions surrounding the Protected Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Protected Property shall not be construed to be grounds for extinguishment of this Easement. • If at any time the Protected Property or any portion thereof shall be taken or condemned by eminent domain, approved in advance by the United States Department of Agriculture NRCS, then this Easement shall terminate with respect to the Protected Property, or portions thereof so taken or condemned, and the Protected Property shall not be subject to the limitations and restrictions of this Easement. In such event, NRCS will collect Commodity Credit Corporation's share of the Easement based on the appraised fair market value of the Easement at the time the Easement -is extinguished or terminated or the Protected Property is condemned. The Commodity Credit Corporation's share will be in proportion to its percentage of original investment. In the event of a condemnation action, approved and consented to by the United States, the Grantor, its successors or assigns, shall not be required to pay any penalties. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding • This Easement contains the entire understanding between the parties concerning its subject matter. Any prior agreement between F • the parties concerning its subject matter shall be merged into this Easement and superseded by it. 7.02 Amendment This Easement is made with the intention that it shall qualify as a conservation easement in perpetuity under Code Section 170(h). The parties agree that amendments to the provisions of this Easement may be permitted by Grantee if such amendment shall be necessary to entitle Grantor to meet the requirements of Code Section 170(h) and/or to enable Grantee to amplify the public benefits attributable to this Easement. This Easement can be amended and modified only in accordance with the common and statutory laws of the State of New York applicable to the modification of easements and covenants running with the land. Grantee and Grantor shall mutually have the right to agree to amendments to this Easement, with the written approval of the Secretary of the United States Department of Agriculture, provided is however, that Grantee shall have no right or power to agree to any amendment hereto that would result in this Easement failing to qualify as a valid. conservation easement under Article 49, Title 3 of the Environmental Conservation Law of the State of New York, as the same may be hereafter amended, or any regulation issued pursuant thereto. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. • In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 6.03 (Enforcement Rights of Grantee) herein, to transfer all or part of this Easement to 27 • any public agency, or private non-governmental organization, that at the time of transfer is a"qualified organization" under §170(h) of the Internal Revenue Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within the State of New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that • provision invalid, then that provision shall be given such interpretation as would render it valid and consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth 28 • of the restrictions on use of the Protected Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited its right to use the Protected Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Protected Property, or to use images of the Protected Property. Grantee may use images of the Protected Property only for non- commercial reporting of this Easement. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Proceeds This Easement immediately vests real property interests in the Grantee and the United States, and may only be extinguished with the approval of the Grantee and the United States. Due to the federal interest in this Easement, the United States must consent to any condemnation action of the federal interest. If the State or local • government proposes to condemn the Protected Property, NRCS must be notified immediately and the consent of the United States must be 29 • received by the condemning agency before any condemnation action may proceed. In a sale or exchange of all or a portion of the Protected Property subsequent to an extinguishment or condemnation action, the United States' share of the proceeds shall be proportionate to its percentage of original investment. Grantee will use all its share of the proceeds from the sale of the Protected Property in a manner consistent with the conservation purpose of this Easement and the purposes of the Farm and Ranch Lands Protection Program. The United States' share shall be based on the appraised fair market value of the conservation easement at the time the Easement is extinguished or terminated. The fair market value of the Easement will be determined at the time the Easement is terminated, extinguished, or condemned by a complete summary appraisal that meets the Uniform Standards of Professional Appraisal Practice (USPAP) or Uniform Acquisition Standards for Federal Land Acquisition (UASFLA), approved by the Grantee and the United States of America, and completed by a New York State certified general appraiser. The fair market value of the Protected Property may not include any increase in value after the date of this New York Easement Deed that is attributable to improvements. 7.12 Merger In the event that the Grantee(s) or the United States takes legal title to Grantor's interest in the Protected Property, the Grantee must commit the monitoring and enforcement of the Easement to another qualified organization within the meaning of Section 107(h)(3) of the United States Internal Revenue Code (1986), as amended, which organization has among its purposes the conservation and preservation of land and water areas. 7.13. Subsequent Liens on Protected Property No provision of this Conservation Easement should be construed as prohibiting the ability of Grantor to use the Protected Property as collateral for a subsequent borrowing. Any subsequent liens on the Protected Property must be subordinate to this Easement. U 1� IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: The Unified Credit Trust under the Will of Martin B. Sidor, Jr. for the benefit of Frances Sidor, and the Estate of Frances Sidor, Grantors BY: - C!� LO b', Martin H. Sidor, as Co -Trustee and Co -Executor BY: Robert Sidor, as Co -Trustee and Co -Executor BY: '- Diane Regeness, as --Trustee and Co -Executor BY: _ �w�-.�c� 16kwDXff-"' • Joanne Kraebel, as Co -Trustee and Co -Executor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTbOLD, Grantee BY: A'Z��e SCO A. RUSSELL, SUPERVISOR Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, United States Department of Agriculture, an agency of the United States Government, hereby accepts and approves the foregoing Grant of Development Rights Easement, and the rights conveyed therein, on behalf of the United States of America. • Auth rized Signatory for the NRCS GREGORY A. KIST, State Conservationist 31 STATE OF NEW YORK ) COUNTY OF 1 Jg,'V Pi— v,7) SS: h On this,�Vay of! Je,&—M%CX in the year 2014 before me, the undersigned, personally appeared GREGORY A. KIST, personally known to me or roved to me on th"asis of satisfactory evidence to be the individuatewhose name ` is 'are) subscribed to the within instrument and acknowledged to me that�e/she/they executed the q; same in,6?her/their capacityNand that by hfis her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. KIMBERLEY A. GLENN Notary Public otary Pu li No. 01GL5089252 County of Onondaga, State of N. X STATE OF A,16w YhCommission Expire& COUNTY OF �TuAc kK ), SS: December 8, • On the day of in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, 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 individuals) acted, executed the instrument. Signatur%fce of individual taking acknowledgment PATRICIA L. FALL Notary Public, State Of New York No. 01 FA4950146 STATE OF /Ue&' yD,�C C�ua Commission In 5uffi es Cori! 24, pfd iJ'� ) Commission F:acP. AP COUNTY OFafV60<), SS: On the J4 day of A2ge,. in the year 2014 before me, the undersigned, personally appeared Robert Sidor, 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 individuals) acted, executed the instrument. A'4�-"'' t"'X-az' Signatur%fce of individual taking acknowledgement PATRICIA L. FALLON 32 Notary No IgS�a 0146 w York Ouahfied in Suffolk County l� �mmission Expires &Pn! 24, r. • STATE OF V -v-�- . COUNTY OF' 60�" SS: On the Zday of —�Uia min the year 2014 before me, the undersigned, personally appeared Diane Regeness, 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 individuals) acted, executed the instrument. STATE OF A&W COUNTY OF SWMAK ), SS. %RBAJAL .OF VIRGINIA EXPIRES APR. 30.2016 COMM��0ION # 7093193 On the 4.4 day of in the year 2014 before me, the undersigned, personally appeared Joanne Kra ebel, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. ; Signatur%Ice of individual taking acknowledgement PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 t/��x) Qualified n Suffolk County � ! 5, STATE OF Alex) I Commission Expires Abri! 24, COUNTY OFSi1Ri-K ) SS: On this 0� t day of in the year 2014 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 individuals) 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. _ 4. Aal— Notary Public PATRICIA L. FALLON Notary Public, state Of New York 33 Flo, 0i FA4950146 G►uali='ted in Suffolk Apri! 'Oun24,,zti� Commission Exp • ow Mt��j0 • • 0 c r, Stewart ° ,.M �7, title insurance company SCHEDULE A —DESCRIPTION NEW YORK METRO 800-853-4803 914-997-1698 fax stewart.cominymetro Title No.: ST14-21992 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that.certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, .County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North 'Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East, 345.43 feet, the true point or place of beginning; THENCE in an easterly direction North 65 degrees 39 minutes 59 seconds East, 536.37 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 1,231.93 feet to a point; THENCE still along said land the following two (2) courses and distances: 1) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 2) South 27 degrees 08 minutes 01 second East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); THENCE along said land the following three (3) courses acid distances: 1) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East, 566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two (2) courses and distances: ..0_ _South 76 degrees.l4.minutes.59..seconds West,.223.04..feet; .__ .... 2) South 24 degrees 45 minutes 01 second East, 63.37 feet to a point; THENCE westerly and southerly the following two courses (2) and distances: 1) South 76 degrees 19 minutes 59 seconds West, 367.06 feet; 2) South 13 degrees 40 minutes 01 second East, 296.75 feet to the northerly side of Wickham Avenue (Old Middle Road); • THENCE along said northerly side of Wickham Road (Old Middle Road) South 76 degrees 19 minutes 59 seconds West, 659.02 feet to land now or formerly of Adrian H. Courtnay III; THENCE along said land now or formerly of Courtnay (Town of Southold Development Rights) the following two (2) courses and distances: 1) North 21 degrees 54 minutes 50 seconds West, 234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or fonnerly of David Page and Barbara Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING. EA 0 +w t 17.i,s 4 Proposed asernentAreap 40 Pre -Determined: Subdivision Areas. 1 a r. 10 -my wissanap r. ;v �, k�.�v }4tfv`.. st. , -a r 47 ;M� r n Ix G i ALTA Owner's Policy (6-17-06) • POLICY OF TITLE INSURANCE ISSUED BY stewart title insurance company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, (the "Company") insures, as of Date of Policy and, to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of: 1. Title being vested other than as stated in Schedule A. 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery, fraud, undue influence, duress, incompetency, incapacity, or impersonation; (ii) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created, executed, witnessed, sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified, expired, or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law; or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable, but unpaid. (c) Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term "encroachment' includes encroachments of existing improvements located on the Land onto adjoining land, and encroachment's onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. ---- ------ -- ' 4. No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) • restricting, regulating, prohibiting, or relating to (a) the occupancy, use, or enjoyment of the Land; (b) the character, dimensions, or location of any improvement erected on the Land; (c) the subdivision of land; or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned: tilsUq d: Julie Curlen President Stewart Title Insurance Company New York, New York Denise earraux Corporate Secretary Part 1 of Policy Serial No. 0-8911-687474 If you want information about coverage or need assistance to resolve complaints, please call our toll free number: 1-800-433-0014. If you make a claim under your policy, you must furnish written notice in accordance with Section 3 of the Conditions. Visit our Word -Wide Web site at htlp://www.StewartNewYork.com File No.: ST14-21992 • • COVERED RISKS (Continued) Title being vested other than as stated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (iii) the subdivision of land; or (iv) environmental protection; or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1(a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity. (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (B) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the File No.: ST14-21992 Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The term "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records": Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk 5(d), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Title": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. 11 Pae 2 Serial No.: 0-8911-687474 11 CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE obtaining witnesses, prosecuting or defending the action or The coverage of this policy shall continue in force as of Date of Policy proceeding, or effecting settlement, and (ii) in any other lawful in favor of an Insured, but only so long as the Insured retains an act that in the opinion of the Company may be necessary or estate or interest in the Land, or holds an obligation secured by a desirable to establish the Title or any other matter as insured. If purchase money Mortgage given by a purchaser from the Insured, or the Company is prejudiced by the failure of the Insured to only so long as the Insured shall have liability by reason of warranties furnish the required cooperation, the Company's obligations to in any transfer or conveyance of the Title. This policy shall not the Insured under the policy shall terminate, including any continue in force in favor of any purchaser from the Insured of either liability or obligation to defend, prosecute, or continue any (i) an estate or interest in the Land, or (ii) an obligation secured by a litigation, with regard to the matter or matters requiring such purchase money Mortgage given to the Insured. cooperation. (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing (i) in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a) of these Conditions, (ii) in inspection, and copying, at such reasonable times and places case Knowledge shall come to an Insured hereunder of any claim of as may be designated by the authorized representative of the title or interest that is adverse to the Title, as insured, and that might Company, all records, in whatever medium maintained, cause loss or damage for which the Company may be liable by virtue including books, ledgers, checks, memoranda, correspondence, of this policy, or (iii) if the Title, as insured, is rejected as reports, e-mails, disks, tapes, and videos whether bearing a Unmarketable Title. If the Company is prejudiced by the failure of the date before or after Date of Policy, that reasonably pertain to Insured Claimant to provide prompt notice, the Company's liability to the loss or damage. Further, if requested by any authorized the Insured Claimant under the policy shall be reduced to the extent representative of the Company, the Insured Claimant shall grant of the prejudice. its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records 4. PROOF OF LOSS in the custody or control of a third party that reasonably pertain In the event the Company is unable to determine the amount of loss to the loss or damage. All information designated as or damage, the Company may, at its option, require as a condition of confidential by the Insured Claimant provided to the Company payment that the Insured Claimant furnish a signed proof of loss. pursuant to this Section shall not be disclosed to others unless, The proof of loss must describe the defect, lien, encumbrance, or in the reasonable judgment of the Company, it is necessary in other matter insured against by this policy that constitutes the basis the administration of the claim. Failure of the Insured Claimant of loss or damage and shall state, to the extent possible, the basis of to submit for examination under oath, produce any reasonably calculating the amount of the loss or damage. requested information, or grant permission to secure reasonably necessary information from third parties as required in this S. DEFENSE AND PROSECUTION OF ACTIONS subsection, unless prohibited by law or governmental regulation, (a) Upon written request by the Insured, and subject to the options shall terminate any liability of the Company under this policy as contained in Section 7 of these Conditions, the Company, at its to that claim. own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party Insured. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY asserts a claim covered by this policy adverse to the This obligation is limited to only those stated causes of action In case of a claim under this policy, the Company shall have the alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay right of the Insured to object for reasonable cause) to represent or tender payment of the Amount of Insurance under this policy the Insured as to those stated causes of action. It shall not be together with any costs, attorneys' fees, and expenses incurred liable for and will not pay the fees of any other counsel. The by the Insured Claimant that were authorized by the Company Company will not pay any fees, costs, or expenses incurred by up to the time of payment or tender of payment and that the the Insured in the defense of those causes of action that allege Company is obligated to pay. Upon the exercise by the matters not insured against by this policy. Company of this option, all liability and obligations of the (b) The Company shall have the right, in addition to the options Company to the Insured under this policy, other than to make contained in Section 7 of these Conditions, at its own cost, to the payment required in this subsection, shall terminate, institute and prosecute any action or proceeding or to do any including any liability or obligation to defend, prosecute, or other act that in its opinion may be necessary or desirable to continue any litigation. establish the Title, as insured, or to prevent or reduce loss or (b) To Pay or Otherwise Settle With Parties Other Than the Insured damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not or With the Insured Claimant. (i) To pay or otherwise settle with other parties for or in the it shall be liable to the Insured. The exercise of these rights name of an Insured Claimant any claim insured against shall not be an admission of liability or waiver of any provision of under this policy. In addition, the Company will pay any this policy. If the Company exercises its rights under this costs, attorneys' fees, and expenses incurred by the subsection, it must do so diligently. Insured Claimant that were authorized by the Company up (c) Whenever the Company brings an action or asserts a defense to the time of payment and that the Company is obligated as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of to pay; or (ii) To pay or otherwise settle with the Insured Claimant the competent jurisdiction, and it expressly reserves the right, in its loss or damage provided for under this policy, together sole discretion, to appeal any adverse judgment or order. with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company 6. DUTY OF INSURED CLAIMANT TO COOPERATE up to the time of payment and that the Company is (a) In all cases where this policy permits or requires the Company obligated to pay. Upon the exercise by the Company of either of the options to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the provided for in subsections (b)(i) or (ii), the Company's Company the right to so prosecute or provide defense in the obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by terminate, including any liability or obligation to defend, the Company, the Insured, at the Company's expense, shall prosecute, or continue any litigation. give the Company all reasonable aid (i) in securing evidence, Pa e 3 Serial No.: 0-8911-687474 File No.: ST14-21992 • • I CONDITIONS (Continued) 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the difference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured, (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule B or to which the Insured has agreed, assumed, or taken subject, or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, to the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these File No.: ST14-21992 rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association ("Rules"). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to all of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The Insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42nd St, 10th Floor, New York, NY 10017. Page 4 Serial No.: 0-8911-687474 ALTA OWNER'S POLICY (6/17/06) 0 SCHEDULE A File No.: ST14-21992 Amount of $3,503,500.00 Insurance: Date of Policy: December 4, 2014 1. Name of Insured: Town of Southold Policy No.: 0-8911-687474 2. The estate or interest in the Land that is insured by this policy is: Easement Interest 3. Title is vested in: Town of Southold who acquired title by deed from Martin Sidor and Robert Sidor and Diane Regeness and Joanne Kraebel dated 12/4/2014 to be duly recorded in the Suffolk County Clerk's/Registers Office. • 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. Section: 100.00 is Block: 04.00 Lot: 004.000 ALTA OWNER'S POLICY (6/17/06) 0 SCHEDULE A DESCRIPTION File No.: ST14-21992 Policy No.: 0-8911-687474 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East, 345.43 feet, the true point or place of beginning; THENCE in an easterly direction North 65 degrees 39 minutes 59 seconds East, 536.37 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 1,231.93 feet to a point; THENCE still along said land the following two (2) courses and distances: • 1) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 2) South 27 degrees 08 minutes 01 second East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East, 566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two (2) courses and distances: 1) South 76 degrees 19 minutes 59 seconds West, 223.04 feet; 2) South 24 degrees 45 minutes 01 second East, 63.37 feet to a point; THENCE westerly and southerly the following two courses (2) and distances: 1) South 76 degrees 19 minutes 59 seconds West, 367.06 feet; 2) South 13 degrees 40 minutes 01 second East, 296.75 feet to the northerly side of Wickham Avenue (Old Middle Road); THENCE along said northerly side of Wickham Road (Old Middle Road) South 76 degrees 19 minutes 59 seconds West, 659.02 feet to land now or formerly of Adrian H. Courtnay I11; • THENCE along said land now or formerly of Courtnay (Town of Southold Development Rights) the following two (2) courses and distances: ALTA OWNER'S POLICY (6/17/06) • 1) North 21 degrees 54 minutes 50 seconds West, 234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING. RESERVE AREA "A": ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 403.13 feet; • THENCE in a westerly direction South 65 degrees 39 minutes 59 seconds West, 536.37 feet to land now or formerly of David Page and Barbara Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 345.43 feet to the southerly side of Oregon Road (North Road), the point or place of BEGINNING. RESERVE AREA "B": ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 20 minutes 01 second East, 1,635.06 feet; • 2) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 3) South 27 degrees 08 minutes 01 second East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); ALTA OWNER'S POLICY (6/17/06) • THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 second East, 566.10 feet to land now or formerly of County of Suffolk; THENCE along said land the following four (4) courses and distances: 1) South 76 degrees 19 minutes 59 seconds West, 223.04 feet; 2) South 24 degrees 45 minutes 01 second East,125.00 feet; 3) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 4) South 24 degrees 45 minutes 01 second East, 241.10 feet to the northerly side of Wickham Avenue (Old Middle Road), the true point or place of beginning; THENCE along said northerly side of said Wickham Avenue (Old Middle Road) South 76 degrees 19 minutes 59 seconds West, 415.00 feet; THENCE North 13 degrees 40 minutes 01 second West, 296.75 feet; is THENCE North 76 degrees 19 minutes 59 seconds East, 367.06 feet to land now or formerly of County of Suffolk; THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 45 minutes 01 second East, 61.63 feet; 2) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 3) South 24 degrees 45 minutes 01 second East, 241.10 feet to the northerly side of Wickham Avenue (Old Middle Road ), the true point or place of BEGINNING. COMPOSITE DESCRIPTION: ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 20 minutes 01 seconds East, 1,635.06 feet; 2) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; ALTA OWNER'S POLICY (6/17/06) • 3) South 27 degrees 08 minutes 01 seconds East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East, 566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following four (4) courses and distances: 1) South 76 degrees 19 minutes 59 seconds West, 223.04 feet; 2) South 24 degrees 45 minutes 01 second East, 125.00 feet; 3) South 78 degrees 12 minutes 59 seconds West, 10.26 feet; 4) South 24 degrees 45 minutes 01 second East, 241.10 feet to the northerly side of Wickham Avenue (Old Middle Road); THENCE along said road South 76 degrees 19 minutes 59 seconds West, 1074.02 feet to land now or formerly Courtnay (Town of Southold Development Rights) the following two (2) courses and distances: 1) North 21 degrees 54 minutes 50 seconds West, 234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara • Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,549.48 feet to the southerly side of Oregon Road (North Road) the point or place of BEGINNING. For Deed Description Only (Not for Policy): Being and intended to be the same premises described in a certain deed from Frances Sidor, as Executrix of the Last Will and Testament of Martin B. Sidor, Jr. dated 11/24/2003 recorded 12/2/2003 in Liber 12287 Page 387 and by deed from Martin Sidor, Jr., dated 7/23/1996 recorded 7/29/1996 in Liber 11784 Page 686. 0 • ALTA OWNER'S POLICY (6/17/06) File No.: ST14-21992 SCHEDULE B PART Policy No.: 0-8911-687474 This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) that arise by reason of - 1. Electric Easement as set forth in Liber 1278 Page 197 2. Survey exceptions as shown on survey (covering premises and more)made by Fox Land Surveying, last dated 10/2/2014 (Job Number 2000-387): a. Northerly line: No variations shown. b. Northeasterly line: Tower, hedge, farm roadway and woods vary with record line. c. Southeasterly line: Farm roadway varies with record line. d. Southerly line: Utility poles vary with record line. e. Southwesterly line: Farm roadway, irrigation valve, utility pole and chain link fencing vary with record line. f. Northwesterly line: Utility tower, farm roadway and metal deer fencing vary with record line; fencing up to 0.8 feet west of part of record line; overhead utility wires shown thereon. 3. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the grantors and the Town of Southold. 4. The Grant of Development Rights Easement in favor of the Town of Southold must be executed by the Supervisor of the Town of Southold on behalf of the Town and by the grantors. 5. Premises herein are listed as exempt/partially exempt from real estate taxes. Upon transfer of title, premises are subject to taxation on the full assessed valuation and said additional taxes shall be levied from the date of the transfer from the owner entitled to the exemption and to whom said exemption was duly granted. 6. Rights of tenants or parties in possession, if any. C. STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: ST14-21992 ATTACHED TO AND MADE A PART OF POLICY NUMBER 1. The following is added as a Covered Risk: Date of Issue: December 4, 2014 0-8911-687474 11. Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. iThis endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. • DATED: December 4, 2014 Countersigned B : 1N5f1�✓- �" Y Julie.Curlen President d€' 1987 Denise: rraux Authorized Office or Agent Corporate Secretary Stewart Title Insurance Company 300 East 42nd St., 10th F1 New York, New York 10017 STANDARD NEW YORK ENDORSEMENT (7/01/12) FOR USE WITH ALTA OWNER'S POLICY (6-17-06) N • y S A G qi�$, 13-1 K � T S • • WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of ± 53.9 acres of active farmland and/or --- acres of non - farmland, situated at Suffolk County Tax Map No. 1000-100-4-4 that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTHOLD The Unified Credit Trust under the Will of Martin B. • Sidor, Jr. for the benefit of Frances Sidor, and the Estate of Frances Sidor two SCOTT A. RUSSELL, Supervisor By: Ma in H. idor, as Co -Trustee and Co -Executor 53095 Route 25 P.O. Box 1179�� l� Southold, NY 11971-0959 BY: Robert Sidor, as Co -Trustee (631) 765-1889 and Co -Executor Ro no BY: Diane Regen , as—(f—o--Trustee and Co -Executor BY: J anne Kraebel, as Co -Trustee and Co -Executor 0 • STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the 6,14 day of , 2014, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like order. PATRICIA L. FALLON 111 e ,"t Notary Public, State Of New York Nota Public No. 01 FA4950146 Notary Qualified In Suffolk County S Commission Expires April 24, STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) On the -r day of December in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. - Notary Public STATE OF AkV yore%- ) COUNTY OF&LF2T/-fiC PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, " /s- SS.: S SS.. On the - day of December in the year 2014 before me, the undersigned, personally appeared Robert Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. le p1btio J -A- Notary Public PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified in Suffolk County Commission Expires April 24, "QS - 01 • STATE OF V k SS.: COUNTY OF On the 2 day of December in the year 2014 before me, the undersigned, personally appeared Diane Regeness, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the 'nstru nt, and that such individuals made such appearance before the undersigne i JOE M. CARBAJAL NOTARY PUBLIC OtariG lic COMMONWEALTH OF VIRGINIA MY COMMISSION EXPIRES APR. 30, 2016 81'COMMISSION # 7093183 ATE OF �.w `IaeK ) SS.. COUNTY OFYy6gbtK ) On the day of December in the year 2014 before me, the undersigned, personally appeared Joanne Kraebel, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Notary4&z-e� �' PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, OW5' 40 • CJ STATE OF NEW YORK DEPARTMENT OF AGRICULTURE & MARKETS 10B Airline Drive, Albany, NY 12235 518-457-4188 www. as riculture. ny.clov Andrew M. Cuomo Richard A. Ball Governor Acting Commissioner January 20, 2015 Ms. Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Re: Waiver — Suffolk County Agricultural District #1 — Acquisition of Land Dear Ms. Spiro: The Department has reviewed documentation submitted by the Town of Southold, to waive the Notice of Intent filing requirements pursuant to Section 305(4) of the Agriculture and Markets Law, in connection with its acquisition of active farmland in Suffolk County Agricultural District #1. The documentation includes a waiver signed by: Martin H. Sidor, Co -Trustee and Co -Executor Robert Sidor, Co -Trustee Diane Regeness, Co -Trustee and Co -Executor Joanne Kraebel, Co -Trustee and Co -Executor For The Unified Credit Trust under the Will of Martin B. Sidor, Jr and the Estate of Frances Sidor. for the benefit of Frances Sidor, The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of property by the Town. Should the project encompass acquisition of other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. RS:lad Cc: Ken Schmitt, Suffolk County AFPB Chair File: AP 14/049-W Sincerely, ROBERT SOMERS, Ph.D Manager, Agricultural Protection Unit FEB 10 2015 DEPT OF LAND MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 December 19, 2014 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Robert Somers, Ph.D. Manager, Agricultural Protection Unit NYS Department of Agriculture and Markets I OB Airline Drive Albany, NY 12235 Re: SIDOR to TOWN OF SOUTHOLD Part of SCTM #1000-100.-4-4 Dear Mr. Somers: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Enclosed please find the "Waiver — NYS Department of Agriculture and Markets" that was executed by Southold Town Supervisor Scott A. Russell and Martin H. Sidor, Robert Sidor, Diane Regeness, and Joanne Kraebel at a closing on a development rights easement on farmland identified as part of SCTM #1000-100.-4-4. Details regarding this easement are as follows: GRANTORS: Martin H. Sidor, Rober Sidor, Diane Regeness and Joanne Kraebel as Co -Trustees of the Unified Credit Trust and also as Co -Executors of the Estate of Frances Sidor GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Town of Southold 12/18/2014 D00012800 786 2010 Oregon Road, Mattituck 53.9 acres p/o 1000-00.100.-04.00-004.000 n/k/a 1000-01.00-04.00-004.002 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Is Melissa Spiro Land Preservation Coordinator /md enc. Z- D E C R E � G I S T R Y • New York State Department of Environmental Conservation ivision of Lands & Forests reau of Real Property, Stn Floor 625 Broadway, Albany, New York 12233-4256 Phone: (5 18) 402-9442 • Fax: (5 18) 402-9028 Website: www.dec.nv.qov Joe Martens Commissioner 0 December 29, 2014 Melissa A. Spiro Land Preservation Coordinator Department of Community Preservation Town of Southampton PO Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro, We have received in our office the following conservation easement: CE Suffolk 611 Grantor: Martin H. Sider et al Deed: D00012800, Page 786 Filed: 12/18/2014 The conservation easement cited above has been 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, N cy J7to Real Estate Specialist 2 Bureau of Real Property INECE ED JAN 72015 MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us • 0 Telephone (631) 765-5711 Facsimile (631) 765-6640 January 7, 2015 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Martin H. Sidor 2010 Oregon Road Mattituck, NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 611 SCTM #1000-100.-4-4.2 Dear Mr. Sidor: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please be advised that the Town's purchase of a development rights easement on property owned by Martin H. Sidor, Robert Sidor, Diana Regeness and Joanne Kreabel and located at 2010 Oregon Road in Mattituck 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 this property's assigned identifier. If you have any questions regarding the implementation of the Conservation Easement Tax Credit and your eligibility to claim the tax credit, please contact Nancy J. Stock at NYSDEC and refer to the assigned identifier — CE: Suffolk 611. Very truly yours, i p )A Melanie Dor ki Sr. Administrative Assistant enclosure MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 December 19, 2014 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD NYSDEC Bureau of Real Property 625 Broadway, 5t' Floor Albany, NY 12233-4256 Attention: Carmen L. Story Acting Land Acquisition Section Chief Re: Conservation Easements Registry SIDOR to TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Dear Ms. Story: • Enclosed please find a copy of the recorded Grant of Development Rights Easement on property located within the Town of Southold to be registered with the New York State Department of Environmental Conservation. Details regarding this easement are as follows: GRANTORS: Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kreabel, as Co -Trustees of the Unified Credit Trust and also as Co -Executors of the Estate of Frances Sidor GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: Town of Southold 12/18/2014 D00012800 786 2010 Oregon Road, Mattituck 53.9 acres p/o 1000-00.100-04.00-004.000 n/k/a 1000-00.100-04.00-004.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: Martin H. Sidor - 2010 Oregon Road, Mattituck, NY 11952 • • • G R A N T MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us • 0 Telephone (631) 765-5711 Facsimile (631) 765-6640 January 5, 2015 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Gregory A. Kist, State Conservationist USDA -Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina St — Suite 354 (5"' floor) Syracuse, NY 13202-2450 Re: MOFFAT FARM NORTH, LLC FRPP Cooperative Agreement #73-2C31-2-1BHF ($593,750 grant) SIDOR FRPP Cooperative Agreement #73-2C31-3-1CLS ($1,898,000 grant) Dear Mr. Kist: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 My department was recendy notified that the Town of Southold received $2,491,750 from the USDA NRCS representing partial purchase reimbursements for the Moffat Farm North, LLC and Sidor farmland conservation easements. I would like to sincerely thank you, Peter Gibbs, and all those at USDA-NRCS for helping to bring these two farmland preservation projects to a close, adding an additional 79.42 acres to the Town's ever-growing list of preserved agricultural lands. The Town of Southold appreciates the financial assistance the FRPP provides by awarding grants that help make these projects possible. Sincerely, A� N, Melissa Spiro Land Preservation Coordinator MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 December 19, 2014 OFFICE OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD Peter Gibbs, Farmland Protection Manager USDA -Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 Re: Cooperative Agreement #73-2C31-3-1CLS USDA-NRCS / Town of Southold Sidor Farm • Dear Peter: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please find enclosed the certified copy of the Grant of Development Rights Easement dated December 4, 2014, between Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel and the Town of Southold, that was recorded in the Suffolk County Clerk's office on December 18, 2014, in Liber D00012800, Page 786. If you need anything further from our file to process the grant award on the Sidor Farm project, please contact me. enc. is Happy Holidays! Sincerely, Melanie Doroski Sr. Administrative Assistant n • 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED OMB APPROVAL NO. PAGE OF (c) 0348-0004 1 2 PAGES REQUEST FOR ADVANCE a. 7C" one or both bones 2. BASIS OF REQUEST OR REIMBURSEMENT a. Total program (As ofdate) outlays to date 12/16/2014 ❑ ADVANCE ® REIMBURSE - $ $ TYPE OF MENT ® CASH b. 9C" the applicable box PAYMENT b. Less: Cumulative program income (See instructions on back) REQUESTED if FINAL ❑ PARTIAL ❑ ACCRUAL 3. FEDERAL SPONSORING AGENCY AND ORGANIZATIONAL ELEMENT TO 4. FEDERAL GRANT OR OTHER 5. PARTIAL PAYMENT REQUEST WHICH THIS REPORT IS SUBMITTED IDENTIFYING NUMBER ASSIGNED NUMBER FOR THIS REQUEST BY FEDERAL AGENCY US Commodity Credit Corp USDA NRCS-FRPP 73-2C31-3-1CLS 6. EMPLOYER IDENTIFICATION 7. RECIPIENTS ACCOUNT NUMBER 8. PERIOD COVERED BY THIS REQUEST FROM (month, day, year) TO (month, day, year) NUMBER OR IDENTIFYING NUMBER 11-6001939 3,503,500.00 0.00 9. RECIPIENT ORGANIZATION 10. PAYEE (Where check is to be sent if different than Item 9) Name: Town of Southold Name: Number Number and Street: 53095 Main Rd (Rt 25), PO Box 1179 and Street: City, State City, State Southold, and ZIP Code:ouold, NY 11971 and ZIP Code: 11. COMPUTATION OF AMOUNT OF REIMBURSEMENTS/ADVANCES REQUESTED 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. that will be made durina Dedod covered by the advance b. Less: Estimated balance of Federal cash on hand as c. Amount requested (Line a minus fine b) AUTHORIZED FOR LOCAL REPRODUCTION on Keverse) STANDARD FORM 270 (Rev. 7-97) Prescribed by OMB Circulars A-102 and A-110 (a) (b) (c) PROGRAMS/FUNCTIONS/ACTIVITIES ► TOTAL a. Total program (As ofdate) outlays to date 12/16/2014 $ 3,503,500.00 $ $ $ 3,503,500.00 0.00 b. Less: Cumulative program income c. Net program outlays (Line a minus 3,503,500.00 0.00 0.00 3,503,500.00 fine b) d. Estimated net cash outlays for advance 0.00 period 3,503,500.00 0.00 0.00 3,503,500.00 e. Total Sum ofunes c 1, 605, 500.00 1,605, 500.00 f. Non -Federal share of amount on line a g. Federal share of amount on line a 1, 898, 000.00 1, 898, 000.00 h. Federal payments previously requested 0.00 i. Federal share now requested (Line 9 1, 898, 000.00 0.00 0.00 1, 898, 000.00 minus fine h) 1• Advances required by 0.00 month, when requested 1 st month 0.00 by Federal grantor agency for use in making 2nd month 3rd month 0.00 prescheduled advances 12. ALTERNATE COMPUTATION FOR ADVANCES ONLY a. that will be made durina Dedod covered by the advance b. Less: Estimated balance of Federal cash on hand as c. Amount requested (Line a minus fine b) AUTHORIZED FOR LOCAL REPRODUCTION on Keverse) STANDARD FORM 270 (Rev. 7-97) Prescribed by OMB Circulars A-102 and A-110 13. CERTIFICATION SIGNATURE OR AUTHORIZED CERTIFYING OFFICIAL I certify that to the best of my •knowledge and belief the data on the reverse are correct and that all outlays were made in accordance with the TYPED OR PI grant conditions or other agreement and that payment is due and has not Scott A. been previously requested. This space for agency use E AND TITLE , SouWold Town Supervisor REQUEST 12/16/2014 CODE, NUMBER, EXTENSION) 631-765-1889 Public reporting burden for this collection of information is estimated to average 60 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0004), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. INSTRUCTIONS Please type or print legibly. Items 1, 3, 5, 9, 10, 11e, 11f, 11g, 11i, 12 and 13 are self-explanatory; specific instructions for other items are as follows: Item Entry 2 Indicate whether request is prepared on cash or accrued expenditure basis. All requests for advances shall be prepared on a cash basis. • 4 Enter the Federal grant number, or other identifying number assigned by the Federal sponsoring agency. If the advance or reimbursement is for more than one grant or other agreement, insert N/A; then, show the aggregate amounts. On a separate sheet, list each grant or agreement number and the Federal share of outlays made against the grant or agreement. 6 Enter the employer identification number assigned by the U.S. Internal Revenue Service, or the FICE (institution) code if requested by the Federal agency. 7 This space is reserved for an account number or other identifying number that may be assigned by the recipient. Item Entry 11a 8 Enter the month, day, and year for the beginning and ending of the period covered in this request. If the request is for an advance or for both an advance and reimbursement, show the period that the advance will cover. If the request is for reimbursement, show the 11b period for which the reimbursement is requested. Note: The Federal sponsoring agencies have the option of requiring recipients to complete items 11 or 12, but not both. Item 12 should be used when only a minimum amount of information is needed to make an advance and outlay information contained in item 11 can be obtained in a timely manner from other reports. • 11 The purpose of the vertical columns (a), (b), and (c) is to provide space for separate cost breakdowns when a project has been planned and budgeted by program, function, or activity. If additional columns are needed, use as many additional forms as needed and indicate page number in space provided in upper right; however, the summary totals of all programs, functions, or activities should be shown in the "total' column on the first page. Enter in "as of date," the month, day, and year of the ending of the accounting period to which this amount applies. Enter program outlays to date (net of refunds, rebates, and discounts), in the appropriate columns. For requests prepared on a cash basis, outlays are the sum of actual cash disbursements for goods and services, the amount of indirect expenses charged, the value of in- kind contributions applied, and the amount of cash advances and payments made to subcontractors and subrecipients. For requests prepared on an accrued expenditure basis,. outlays are the sum of the actual cash disbursements, the amount of indirect expenses Incurred, and the net increase (or decrease) in the amounts owed by the recipient for goods and other property received and for services performed by employees, contracts, subgrantees and other payees. Enter the cumulative cash income received to date, if requests are prepared on a cash basis. For requests prepared on an accrued expenditure basis, enter the cumulative income earned to date. Under either basis, enter only the amount applicable to program income that was required to be used for the project or program by the terms of the grant or other agreement. 11d Only when making requests for advance payments, enter the total estimated amount of cash outlays that will be made during the period covered by the advance. 13 Complete the certification before submitting this request. STANDARD FORM 270 (Rev. 7.97) Back MELISSA A. SPIRO LAND PRESERVATION COORDINATOR • melissa.spiroCCtown.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA FedEx 8030 0250 0692 December 16, 2014 Peter Gibbs, Farmland Protection Manager USDA -Natural Resources Conservation Service The Galleries of Syracuse 441 S. Salina Street, Suite 354 Syracuse, NY 13202-2450 • Re: . Cooperative Agreement 73-2C31-3-1CLS USDA-NRCS /Town of Southold Sidor Farm Dear Mr. Gibbs: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 A formal closing for the Town of Southold's purchase of a development rights easement on farmland owned by the Sidor family took place on December 4, 2014. At this time, the Town is respectfully requesting reimbursement towards the purchase price in the awarded amount of $1,898,000. As per your instructions, I am providing you with the following documentation you will need to start processing your file in granting this request.. Please take note that the certified copy of the recorded Grant of Development Rights and a copy of the recorded Declaration of Covenants and Restrictions are not included in this package. As soon as they have been returned to me from recording at the Suffolk County Clerk's office, I will forward the documents directly to you. • NRCS FRPP Closing Instructions signed acknowledgement • Form 230 — Confirmation of Matching Funds • Form SF -270 — "Request for Advance or Reimbursement" in the amount of $1,898,000 • • Executed Closing (Settlement) Statement • Copy of Declaration of Covenants and Restrictions dated December 4, 2014, executed at time of closing • Copy of IRS 1099-5 issued at closing • Copy of Grantee ALTA Owner's Policy of Title Insurance (6-17-06) as issued by Stewart Title Insurance Company, Policy No. 0-8911-687474 (title #ST14-21992) on December 4, 2014 in the insured amount of $3,503,500 representing the full purchase price of the easement acreage • Copy of title report #ST14-21992 as marked by title closer during closing • Consumer Acknowledgment • Grantors' title affidavits • Monitoring Plan I trust you find this documentation sufficient in order to begin processing the Town's request for reimbursement on this project. If you should require anything further from our file, please contact me. My sincere thanks to all of you at the USDA-NRCS that worked so hard to bring this project to its satisfactory conclusion. Sincerely, • Melissa Spiro Land Preservation Coordinator /md encs. cc: Town Comptroller w/ copy of Form 230 and SF -270 0 • • P R O P E R T Y R E C O R D S • • MARTIN H. SIDOR, ROBERT SIDOR, DIANE REGENESS and JOANNE KRAEBEL, as Co -Trustees of the UNIFIED CREDIT TRUST and also as Co -Executors of the ESTATE OF FRANCES SIDOR to TOWN OF SOUTHOLD Development Rights Easement — 53.9 acres SCTM #1000-100.-4-4.2 (f/k/a part of SCTM #1000-100.-4-4) Location: 2010 Oregon Road, Mattituck Closing held on December 4, 2014 Southold Town Hall Annex from left to right: Martin H. Sidor, Supervisor Scott A. Russell, Joanne Kraebel, Robert Sidor • w MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 www.southoldtownny.gov DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York To: Supervisor Russell Tax Assessors Town Board Building Department Town Clerk Land Management Land Preservation Committee Town Comptroller Town Attorney Planning Board Public Works Peconic Land Trust Suffolk Co Division of Real Estate The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: December 4, 2014 Re: SIDOR to TOWN OF SOUTHOLD Part of SCTM #1000-100.4-4 Development Rights Easement MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please be advised that the Town of Southold has acquired a development rights easement on the property listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: SCTM #: PROPERTY OWNERS: CONTRACT DATE: PURCHASE DATE: PURCHASE PRICE: EASEMENT ACREAGE: TOTAL PARCEL ACREAGE: RESERVE AREA A: RESERVE AREA B: FUNDING: 2010 Oregon Road, Mattituck part of 1000-100.4-4 Martin H. Sidor, Robert Sidor, Diana Regeness and Joanne Kraebel as Co -Trustees of the Unified Credit Trust and also as Co -Executors of the Estate of Frances Sidor July 22, 2014 Closing took place on December 4, 2014 $ 3,503,500.00 ($65,000/buildable acre based on 53.9 buildable acres) 53.9 acres 61.0976 acres 4.5544 acres 2.6433 Community Preservation Fund (2%) GRANT AWARD: $1,898,000 — USDA NRCS (reimbursement) MISCELLANEOUS: On October 16, 2014, the Planning Board granted Sketch Approval for an Open Development Area ('ODA"). The ODA is located on 7.2 acres of the 61.1 acre parcel with the ODA consisting of three lots ranging in size from 1.8± to 2.4± acres per lot. The Town Board granted approval for the establishment of the ODA on October 21, 2014 (Resolution No. 2014-847). C � O V E N A N T S � R E S T R I C T I O N � S • SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 12/18/2014 Number of Pages: 11 At: 12:08:59 PM Receipt Number : 14-0166902 LIBER: D0O012800 PAGE: 785 District: Section: Block: Lot: 1000 100.00 04.00 004.001 •EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $55.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP -584 $0.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $180.00 NO Fees Paid $275.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RIMMED FEB 2 3 2015 DE L OF LAND • • Number of pages I This document will be public Social Security Numbers prior to recording. ,r Deed / Mortgage Instrument Deeds fVl RECORDED 2014 Dec 18 12:00.5': PM JUDITH A. PASCALE CLERK OF SUFFOLK COUNTY. L DLIC1=!12800 . P 785 Recording / Filin Stamps ge. Tax Stamp Tax Service 18 -DEC -1 Agency CPF Tax Due $ Verification 0 Improved 6 Satisfactions/Discharges/Releases List'-]?roperty Owners Mailing Address Vacant Land CO�iD & KWPM TO: .A. 1 ..i a •.;t %... S l.S... " 0 4441=d s k'D Stt J VAS/0�/ TD %�u1� e c S cc r!i6r=d � �£'"'�'• eF L.A�D �REs� P p, '$ox /I 7 TD E.A4-9 Ny /141/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 '11tle uompany iniormauon 310 Center Drive, Riverhead, NY 11901 Co. Name s704r- 72 r ��• www.suffolkcountyny.gov/clerk Title # Sri 8 Suffolk Count Recording & Endorsement Pn e This page forms part of the attached beL_ 4,e 4i70/1 OG U V_A1AA x5 A-AfD )eETr l ea76nrs_ made by: (SPECIFY TYPE OF INSTRUMENT) 4W/Ci66 dl'E/tT'rQ,,,Cr K.Ubg tdltic dr b2wrx 8, The premises herein is situated in kl rb 1" STRr� OG CX Afe-65 S1da0- SUFFOLK COUNTY, NEW YORK. TO In the TOWN of _S'5U WA_'b - In the VILLAGE - - or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. FEES mi Mortgage Arne'- Page / Filing Fee Page } 1. Basic Tax y, Handling ; , — 3 2.. Additignal Tax Sob Total, TP -584 — - Spec./Assit: Notation _ 7 J `�? or EA -52 17 .(County} .;; , Sub.Total Spec, /Add; , TOT. MTG, TAX EA -5217 (State --- R.P.T.S.A. 'Y Dual Torun _ Dual County _ Held for Appointment -- ' Comm. of Ed. Transfer. Tax Affidavit =� -- J :. ` ,. , Mansion Tax • ._------ 6rty by this mortgage is r • The prop covered Certified Copy _ or will be imprgved by 'a one or two NYS S.urehar8g.ti ,�6 totai' . family dwelling only. YES ' or NO Other - — - Viand Tow�, �! (} r, -If NO, see approprtate tax clause on page # o!~<this u}struj a 2851002 4 � S aLQrhaittniW ppiser"tion Fund 4 Dist ' : _----? Property 1111111 IIII IIIA 1111111111 IN 11111 - Consideration AmouYit Real R D�OA Tax Service 18 -DEC -1 Agency CPF Tax Due $ Verification 0 Improved 6 Satisfactions/Discharges/Releases List'-]?roperty Owners Mailing Address Vacant Land CO�iD & KWPM TO: .A. 1 ..i a •.;t %... S l.S... " 0 4441=d s k'D Stt J VAS/0�/ TD %�u1� e c S cc r!i6r=d � �£'"'�'• eF L.A�D �REs� P p, '$ox /I 7 TD E.A4-9 Ny /141/ TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 1 '11tle uompany iniormauon 310 Center Drive, Riverhead, NY 11901 Co. Name s704r- 72 r ��• www.suffolkcountyny.gov/clerk Title # Sri 8 Suffolk Count Recording & Endorsement Pn e This page forms part of the attached beL_ 4,e 4i70/1 OG U V_A1AA x5 A-AfD )eETr l ea76nrs_ made by: (SPECIFY TYPE OF INSTRUMENT) 4W/Ci66 dl'E/tT'rQ,,,Cr K.Ubg tdltic dr b2wrx 8, The premises herein is situated in kl rb 1" STRr� OG CX Afe-65 S1da0- SUFFOLK COUNTY, NEW YORK. TO In the TOWN of _S'5U WA_'b - In the VILLAGE - - or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. District 1000 1000 1000 • • Secton 10000 10000 108( Stat ID: 1 2851002 Tax Maps Block Lot School District 0400 004001 0400 004002 p S R DHo A 18 -DEC -14 STEWARTTinE INSURANCE COMPANY 707 Westchester Avenue, Suite 411 • White Plains, NY 10604 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of this 4th day of December, 2014, by Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel, as Co -Trustees of the Unified Credit Trust under the Will of Martin B. Sidor, Jr., for the benefit of Frances Sidor (as to a 50% interest), and also as Co -Executors of the Estate of Frances Sidor (as to a 50% interest), with an address of 2010 Oregon Road, Mattituck, New York 11952, hereinafter collectively referred to as the "DECLARANT"; as owner of the premises designated as the date hereof as SCTM #1000-100-4-4 and shown on a survey prepared by David H. Fox, L.S., P.C., Fox Land Surveying, dated September 22, 2014 and last revised October 1 , 2014, a reduced copy of which is attached hereto and made a part hereof, and two portions of which are designated as "Reserve Area 'A" and "Reserve Area 'B"" and a portion of which is designated as the "Development Rights Easement Area," and all separately described in the metes and bounds descriptions attached hereto as Schedule "A" and "B" and made a part hereof. WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at • 2010 Oregon Road, Mattituck, in the Town of Southold, County of Suffolk and State of New York, (the "Property"); and WHEREAS, DECLARANT received approval by Resolution 2014-847 from the Town Board of the Town of Southold for the establishment of an Open Development Area Plan for a portion of the Property, consisting of a 4.5544 acre area shown as "Open Development Area" (a.k.a Reserve Area "A" or Lots 2 and 3) and a 2.6433 acre area shown as "Open Development Area" (a.k.a. Reserve Area "B" or Lot 1), as shown on a map entitled "Open Development Area 'Martin Sidor"' dated September 22, 2014, last revised October 29, 2014; and WHEREAS, the DECLARANT has granted to Town of Southold a Development Rights Easement dated December 4, 2014 for a part of SCTM #1000- 100-4-4; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold (the "Town Board") has deemed it in the best interests of the Town of Southold (the "Town") and the owner and prospective owners of the Property that the within covenants and restrictions be imposed on the Development Rights Easement Area (the "Easement Area") and Reserve Area "A" and Reserve Area "B", and as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; • and • WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Easement Area and Reserve Area "A" and Reserve Area "B" shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Any future approval of a petition to the Town in accordance with Town Code Article VIII, Open Development Area, Section 240-30 Creation of lots, to create any lot(s) within either of the filed Open Development Areas (a.k.a. Reserve Area "A" and Reserve Area "B") shall ensure that at least one of the remaining Reserve Areas, or part of a remaining Reserve Area if a lot(s) has been created in a prior approval, shall remain attached to the Easement Area, or part thereof if the Easement Area is subdivided pursuant to 3.03 of the Grant of Development Rights Easement recorded simultaneously herewith. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended • by subsequent owners of the premises unless and until a recommendation is made 2 WHEREAS, the DECLARANT has considered the foregoing and has determined that this declaration of covenants and restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; NOW, THEREFORE, be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Easement Area and Reserve Area "A" and Reserve Area "B" shall hereinafter be subject to the covenants and restrictions as set forth herein, which shall run with the land and shall be binding upon all purchasers and holders of the Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: Any future approval of a petition to the Town in accordance with Town Code Article VIII, Open Development Area, Section 240-30 Creation of lots, to create any lot(s) within either of the filed Open Development Areas (a.k.a. Reserve Area "A" and Reserve Area "B") shall ensure that at least one of the remaining Reserve Areas, or part of a remaining Reserve Area if a lot(s) has been created in a prior approval, shall remain attached to, and part of, the area which is subject to the Development Rights Easement Area. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this agreement, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold, by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. This Declaration shall run with the land and shall be binding upon DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed, modified, terminated, revoked or amended by subsequent owners of the premises unless and until a recommendation is made 01 • to do so by the Planning Board and the Land Preservation Committee, and same is approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANT above named, has duly executed the foregoing Declaration the day and year first above written. DECLARANT: The Unified Credit Trust under the Will of Martin B. Sidor, Jr. for the benefit of Frances Sidor, and the Estate of Frances Sidor BY:��- _V. SS;JJ 46 MaAin H. Sidor, as Co -trustee and Co -Executor BY:l9I')P� Sla 0� , Robert Sidor, as Co -Trustee and Co :Executor BY: • Diane Regeness, a o -Trustee and Co -Executor BY: Qvgnn--� (k Caw ,, J nne Kraebel, as Co -Trustee and Co -Executor STATE OF NEW YORK) SS.. COUNTY OF SUFFOLK) On the #t day of December in the year 2014 before me, the undersigned, personally appeared Martin H. Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. ort—ii Notary Public PATRICIA L. FALLON • Notary Public, State Of New Ya* No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, 41X 3 • STATE OF A ) SS.: COUNTY OF,QUF5iit ) On the /Ot day of December in the year 2014 before me, the undersigned, personally appeared Robert Sidor, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. �L�a�1�'tt! CICS ,� L��•'�`� Notary Public n STATE OF ) COUNTY OF SS.. PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 Qualified In Suffolk County Commission Expires April 24, On the `L day of December in the year 2014 before me, the undersigned, personally appeared Diane Regeness, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and #hit such individu,la made huch appearance before the undersigned. JOE M. CARBAJAL L/ NOTARY PUBLIC COMMONWEALTN.OF VIRGINIA Public MY COMMISSION EXPIRES APR. 30, 2016 ry COMMISSION # 7093183 WE OF Lfltl SS.: COUNTY OFS&AMK ) On the 44 day of December in the year 2014 before me, the undersigned, personally appeared Joanne Kraebel, personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. I mm, �Pmzzmww�� iNotary Public. PATRICIA L. FALLON Notary Public, State Of New York No. 01 FA4950146 r Qualified In Suffolk Co 24j ;j Commission Expires April 4 • • 0 r— tewart -title insurance company - SCHEDULE A — DESCRIPTION NEW YORK METRO 800-853-4803 914-997-1698 fax stewsAxominymetro Title No.: ST14.21992 AMENDED 10/17/2014 DEVELOPMENT RIGHTS EASEMENT: ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE in a southeasterly direction South 22 degrees 25 minutes 48 seconds East, 345.43 feet, the true point or place of beginning-, THENCE in an easterly direction North 65 degrees 39 minutes 59 seconds East, 536.37 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second Bast, 1,231.93 feet to a point; THENCE still along said land the following two (2) courses and distancest 1) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 2) South 27 degrees 08 minutes 01 second East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1.) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) North 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East, 566.10 feet to land now or formerly of the County of Suffolk; THENCE along said land the following two (2) courses and distances: 1) South 76 degrees 19 minutes 59 seconds West, 223.04 feet; 2) South 24 degrees 45 minutes 01 second East, 63.37 feet to a point; -THENCE westerly and southerly the following two courses (2) and distances: 1) South 76 degrees 19 minutes 59 seconds West, 367.06 feet; 2) South 13 degrees 40 minutes 01 second East, 296.75 feet to the northerly side of Wickham Avenue (Old Middle Road); 1 • • 0 THENCE along said northerly side of Wickham Road (Old Middle Road) South 76 degrees 19 minutes 59 seconds West, 659.02 feet to land now or formerly of Adrian H. Courtnay III; THENCE along said land now or formerly of Courtnay (Town of Southold Development Rights) the following two (2) courses and distances: 1) North 21 degrees 54 minutes 50 seconds West, 234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.18 feet to land now or formerly of David Page and Barbara Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 1,204.05 feet to the true point or place of BEGINNING. • • 0 RESERVE AREA "All: ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land South 24 degrees 20 minutes 01 second East, 403.13 feet; THENCE in a westerly direction South 65 degrees 39 minutes 59 seconds West, 536.37 feet to land now or formerly of David Page and Barbara Shinn (Town of Southold Development Rights); THENCE along said land North 22 degrees 25 minutes 48 seconds West, 345.43 feet to the southerly side of Oregon Road (North Road), the point or place of BEGINNING. 3 • RESERVE AREA "B": ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerlyside of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following -throe (3) courses and distances: 1) South 24 degrees 20 minutes 01 second East, 1,635.06 feet; 2) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 3) South 27 degrees 08 minutes 01 second'East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkosld{T'owa of Southold Development Rights); THENCE; along said land the following.thre cO) courses and distances: 1) South 24 degrees 39 minutes 31. ectatd 143t, 654:36 feet; 2) North 65 degrees 59 dautes29,460onds'East, 344.58. feet; 3) South 24 degrees 38 minutes 01s6c *dEas4 566.10 feet to land now or formerly of County of Suffolk; THENCE along said land the foIlowidg four (4),coarses and distances; 1) South 76 degrees 19 minutes.59.' onds West, 223.04 feet; 2) South 24 degrees 45 cuitu w Qt' d'tw41•25.00 feet; 3) South 78 degrees 12 minutes 60. econds We st,10.26 feet; 4) South 24 degrees 45 nudautesi0Vftbft&Evt4 241.10 feet to the northerly side of Wickham Avenue (Old Middle Road), the<:t "polM or place of beginning; THENCE along said northerly si4q.of said'Wiokkiiam Avenue (Old Middle Road) South 76 degrees 19 Minutes 59 seconds West, 4415 010et; THENCE North 13 degrees 40 Minutes (F second West, 296.75 feet; THENCE North 76 degrees 19 minutes 59 seoonda East, 367.06 feet to land now or formerly of County of Suffolk; THENCE along said land the following ftw (3) courses and distances: 1) South 24 degrees 45 minutes,01 second East, 61.63 feet; Seconds2) South 78 degrees 12 minutes,59Seconds West, 10.26 feet; 3) South 24 degrees 45 minutes Ol:."cond:Fast, 241.10 feet to the northerly side of Wickham Avenue (Old Middle Road), the bue point or place of BEGINNING. COMPOSITE DESCRIPTION; 4 ALL that certain plot, parcel or piece of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at a point on the southerly side of Oregon Road (North Road) distant 1,305.33 feet from the corner formed by the intersection of the southerly side of Oregon Road (North Road) with the easterly side of Mill Road; RUNNING THENCE along the southerly side of Oregon Road (North Road) North 59 degrees 22 minutes 22 seconds East, 528.08 feet to land now or formerly of Charles Smithen and Barbara Smithen (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 20 minutes 01 seconds East, 1,635.06 feet; 2) North 73 degrees 05 minutes 49 seconds East, 285.71 feet; 3) South 27 degrees 08 minutes 01 seconds East, 246.94 feet to land now or formerly of Peter Deerkoski and Felix Deerkoski (Town of Southold Development Rights); THENCE along said land the following three (3) courses and distances: 1) South 24 degrees 39 minutes 31 seconds East, 654.36 feet; 2) Nort$ 65 degrees 59 minutes 29 seconds East, 344.58 feet; 3) South 24 degrees 38 minutes 01 seconds East, 566.10 feet to land now or formerly of the County of Suffolk; TFENt E along said land the following four (4) courses and distances: )) South 76 degrees 19 minutes 59 seconds West, 223.04;fgaU 10 South 24 degrees 45 minutes 41 second East* 125 00feet; 3) South 78 degrees 12 minutes 59 seconds West,10.26 feet; 4) South 24 degrees 45 minutes 01 second East, 241.10 feet to the northerly side of Wickham.. Avenue (Old Middle Road); THENM along said road South 76 degrees 19 minutes :59 seconds est; 1074.02 feet to land now or f rly<Cotumay•(Town of Southold Development Rights) .the foltoWing two (2) courses and distances: 1) North 21 degrees 54 minutes 50 seconds ?West, 234.20 feet; 2) North 22 degrees 21 minutes 30 seconds West, 1,425.1$ feet to land now or formerly of David Page and Barbara Shinn (Town of Soitthold'Development Rights); TMWCE along said land North 22 degrees 25 minutes 48 seconds West, 1,549.48 feet to the southerly i4o-of Oregon Road (North Road) the point or place of BEGINNING. ParDeedDegod[Ldon Only (Not for Polig4: W44 -and intended to be the same premises described in a certain deed from Frances Sidor, as Executrix of the Last Will and Testament of Martin B. Sidor, Jr. dated 1140063 recorded 1212!2003 in Liber 22287 Page 387 and by deed from Martin Sidor, Jr., dated 7/23/1996 recorded 7/29/1996 in Liber 11784 lie 686. . • • • 0 P E N D E V E L O P M E N T A R E A MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Southold Town Board From: Land Preservation Department Date: December 19, 2014 Re: SIDOR - Open Development Area (ODA) Part of SCTM #1000-100-4-4 • MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 In compliance with condition as set forth in Resolution No. 2014-847 adopted by the Southold Town Board on October 21, 2014, regarding the approval of an Open Development Area (ODA) for Martin Sidor, attached you will find a copy of the following: Grant of Development Rights Easement dated December 4, 2014, between Martin H. Sidor, Robert Sidor, Diane Regeness and Joanne Kraebel and the Town of Southold, as recorded in the Office of the Suffolk County Clerk on December 18, 2014, in Liber D00012800, at page 786 /md cc: Patricia M. Carroll Esseks, Hefter & Angel, LLP w/ attachment Martin H. Sidor w/ attachment Aly Sabatino, Planner w/ attachment C] 0 RESOLUTION 2014-847 ADOPTFn nnC TT)- 101 R1 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-847 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 21, 2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM#1000-100-4-4 and located in the A -C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and the 53.9 acre area will be subject to a Development Rights Easement; and WHEREAS, the Open Development Area Plan was found to be consistent with the Sketch Plan approved on October 6, 2014 by the Planning Board; and WHEREAS, on October 7, 2014, the Town Board adopted a resolution accepting the petition as complete and setting the public hearing for October 21, 2014; and WHEREAS, on October 21, 2014 the Town Board held and closed a public hearing on the proposed establishment of the Open Development Area; and WHEREAS, the Town Board finds that the requirements for the establishment of an Open Development Area pursuant to Southold Town Code Chapter 240, ARTICLE VIII, Open Development Area have been met; and WHEREAS, the Town Board performed a coordinated review of this Type I action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); 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 LWPR; therefore be it Resolution 2014-847 Board Meeting of October 21, 2014 RESOLVED, that the Town Board of the Town of Southold, pursuant to SEQRA, hereby • establishes itself as lead agency and as lead agency, makes a determination of non -significance for the proposed action and issues a Negative Declaration; and be it further • RESOLVED, that the Town Board of the Town of Southold hereby grants approval for the establishment of an Open Development Area as shown on the map prepared by Fox Land Surveying entitled "Development Rights Easement Survey prepared for Town of Southold", dated Sep 22, 2014 and last revised Oct 1, 2014, and labeled "Reserve Area A" and "Reserve Area B", subject to the following conditions: 1. Revise the Open Development Area map referenced above (mylars and paper) to show the following: a. Replace the notations "Reserve Area A" and "Reserve Area B" with the notation "Open Development Area". b. Revise the title of the map to show "Open Development Area Martin Sidor". 2. The approval of the Open Development Area shall not be valid if the Sale of the Development Rights to the Town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 10/20/2014 3:27 PM by Carol Kalin Page 2 • SOUTHOLD TOWN BOARD PUBLIC HEARING October 21, 2014 7:32 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney Martin Finnegan This hearing was opened at 7:50 PM COUNCILMAN GHOSIO: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town - Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM# 1000- 100-4-4 and located in the A -C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; NOTICE IS HEREBY GIVEN that the Town Board of the Town of Southold accept the petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; and NOTICE IS HEREBY FURTHER GIVEN that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. is Sidor ODR Public Hearing 2 October 21, 2014 • 1 have here a copy of the resolution setting this hearing. I have a copy of the site plan. I have a memorandum from the Planning Board, that the Planning Board recommends that the Town Board consider that their approval to create an open development for the Sidor family be conditioned upon the following: the approval of the open development area shall not be valid if the sale of the development rights to the town is not completed and a copy of the recorded deed of development rights is not submitted to the Town of Southold Town Board on or before one year from the date of this approval. I have a copy of the legal notice that was in the paper advertising this hearing signed by their principal clerk and notarized. I also have an affidavit here signed and notarized that this was advertised on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: I would invite anybody that would like to address the Town Board on this particular public hearing to please feel free. PATRICIA CARROLL: Good evening, my name is Patricia Carroll, I am with the law firm Esseks, Hefter and Angel. I am here on behalf of the Sidor family, the applicants herein. And as noted, Planning Board gave approval, sketch approval on October 6 for this open development area application. This application would result in 53.9 acres of preserved farmland and it has long been recognized that the preservation of farmland is in the public interest, particularly in an area with such a long agricultural heritage as the Southold area. And we respectfully submit that all of the requirements of Chapter 240 of the town code have been complied with and that this application would be in the public interest and we respectfully request that this open area, open development area, be established. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board? Does anyone have any questions? Melissa Spiro from the Land Preservation Department is here. TOWN ATTORNEY FINNEGAN: Can I just say one thing? Are you aware of the amendment that needs to be made to the map, to just change the names, the (inaudible) names to the open development area? MS. CARROLL: Yes, we are aware of that and we are in agreement with that. TOWN ATTORNEY FINNEGAN: Okay. SUPERVISOR RUSSELL: Are there any other questions? (No response) This hearing was closed at 7:56 PM ElizdhAth A. Neville Southold Town Clerk • • RESOLUTION 2014-802 ADOPTED DOC ID: 10142 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2014-802 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON OCTOBER 7,2014: WHEREAS, on October 6, 2014, the Southold Town Planning Board granted Sketch Approval on the Sketch Plat prepared by prepared by Fox Land Surveying, dated February 19, 2014, for an Open Development Area pursuant to 240-26(A) of the Town Code; and WHEREAS, the Town Board has received a petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code on the property identified as part of SCTM# 1000- 100-4-4 and located in the A -C Zoning District; and WHEREAS, the requested Open Development Area is located on 7.2 acres of the 61.1 acre parcel with the Open Development Area consisting of three lots ranging in size from 1.8 to 2.4+/- acres per lot; and WHEREAS, the Development Rights to the remaining 53.9 acres will be acquired by the Town using Community Preservation Funds and a grant from the United States Department of • Agriculture Natural Resources Conservation Service and subject to a Development Rights Easement; therefore, be it RESOLVED, that the Town Board of the Town of Southold accept the petition from Esseks, Hefter & Angel, LLP to establish an Open Development Area pursuant to Chapter 240 of the Town Code; be it further RESOLVED that the Town Board of the Town of Southold will hold a public hearing, upon the map entitled "Sketch Plan for Open Development Area Martin Sidor", prepared by Fox Land Surveying, dated February 19, 2014, on the 21st day of October, 2014, at 7:32 p.m. at which time all interested persons will be given an opportunity to be heard. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Jill Doherty, Councilwoman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell • • 0 • PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREMERS PIERCE RAFFERTY JAMES H. RICH III MARTIN H. SIDOR October 7, 2014 Carmela M. DiTalia, Esq. Esseks, Hefter & Angel, LLP 108 East Main Street Riverhead, NY 11901 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631765-1938 www.southoldtownny.gov Re: Sketch Plan Approval - Proposed Conservation Subdivision Open Development Area Plan for the Sidor Family Located on the s/s/o Oregon Road, approximately 1,305' e%o Mill Road, in Mattituck SCTM#1000-100-44 Zoning District: AC Dear Ms. DiTalia: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, October 6, 2014: WHEREAS, this proposal is for an Open Development Area of a 61 acre parcel into three lots where Lot 1 equals 2.6 acres, Lot 2 equals 2.7 acres and Lot 3 equals 1.8 acres, located in the A -C Zoning District. This property includes a LIPA Easement and 53.9 acres of preserved open space; and WHEREAS, on July 28, 2014, the agent submitted the Sketch Plan Application and Sketch Plan; and WHEREAS, on August 18, 2014, the Planning Board, at their Work Session, reviewed the application and found it complete with items to be submitted; and WHEREAS, on August 27 2014, referrals were sent to the following agencies: 1. Local Water Front Revitalization Program Coordinator 2. Office of the Town Engineer 3. Mattituck Fire Department 4. Suffolk County Department of Health Services 5. Suffolk County Planning Commission; and WHEREAS, on September 4, 2014, the agent'submitted items requested at the August 18, 2014 Work Session; and Sidor Family — Page Two - October 7, 2014 WHEREAS, on September 9, 2014, the Planning Board set the Public Hearing for the October 6,• 2014 Public Meeting; and WHEREAS, on September 16, 2014, the Mattituck Fire Department responded to the referral request; and WHEREAS, on September 19, 2014, the Suffolk County Planning Commission responded to the referral request; and WHEREAS, on October 1, 2014, the Town of Southold Local Waterfront Revitalization Program (LWRP) Coordinator reviewed this application, and has recommended the proposed project be found consistent with the policies of the Southold Town LWRP; and WHEREAS, on October 2, 2014, the Office of the Town Engineer responded to the referral request; and WHEREAS, the Planning Board has been made aware of flooding due to storm water run- off from the above -referenced parcel to Wickham Avenue. The applicant is working with the Suffolk County Soil and Water Conservation District to create a plan to control the storm water run-off through farming practices; and WHEREAS, on October 6, 2014, the Planning Board, at their Work Session, reviewed the responses from requested agencies and incorporated the comments into the application. The Board found that all requirements have been met pursuant to Article V Sketch Plat; and WHEREAS, on October 6, 2014, the Public Hearing was held and closed; and WHEREAS, an executed contract for the Sale of Development Rights on 53.9 acres exists and is on file with the Town of Southold Land Preservation Department; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board hereby grants Sketch Plan Approval upon the map prepared by David H. Fox, Land Surveyor, entitled "Sketch Plan for Open Development Area Martin Sidor", dated February 19, 2014, and authorizes the Chairman to endorse the map. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. WildZnski Chairman cc: Elizabeth A. Neville, Town Clerk w/map; Melissa Spiro, Land Preservation Coordinator wM mnsfRvwe xieansaxx .en ,v xm e.sasa smm.a wa __ AVPROVED UY n•weuic w•w 4 tr <n Tan ewe m TOWN Or SWTMOIe Dr.eapmmt w 'MARTIN SIDOR' a i0/9 ,SON ramex.• sa.maee , y yrwe caama dUa2m f0X L1MD SURYLYTNC - -"- � • 4 v a5� 'tn Qe W ��h 4 v • .7 SITE INQUIRY #: 4011969.4 1 N i YEAR: 2011 1 (CEDR = 500' tv 12 I 1 z P * �E � y INQUIRY #: 4011969.4 YEAR: 2009 CEDR �� 1 = 500' JIM AAW* z * �E YEAR: 2008 =5@ «m YEAR: 2008 =5@ ' r r "' .. , -x i 1 a' L ; In, �, wc; � � �& �. ft IL AMMEw- INQUIRY #: 4011969.4 YEAR: 1969 = 500' 4 N f (rEDR a ' INQUIRY #: 4011969.4 YEAR: 1961 = 500' ofJ TIT 1 INQUIRY M 4011969.4 YEAR: 1957 �4 N r EDR SITE INQUIRY #: 4011969.4 N YEAR: 1954 i I CEDR = 500' I I 6 .. Vis, 7�. LIE INQUIRY #: 4011969.4 4 N YEAR: 1947 �EDR = 500' INQUIRY % 4011969.4 / YEAR 1940 CEm = 50 ' s. l lop ` d k INQUIRY #: 4011969.4 N YEAR: 1938 �EDR = 500' • S U R V E Y 0�1 RECEWED OCT 3 21014 DEPT. Of LAND OCT. 01, 2014 TOWN AMENDMENTS DATE: SEPT. 22, 2014 JOB NO: 2000-367 JOB NO: 2000-367 P, �O tia 0 ox� \\ \ O LOCATION MAP SCALE:1 "=600' O>s dR�oo� O IL r \ °\ iF ed, P11- 00 \ Pr \ 5 Of ;r `\ 03. o \ \ <- '-5 r \\ \\ \ 0,00 0, ° A U \ \ \ Om O N \ \ \ °o o L kb1 \ ES E►.0 jRFG N� \\ � \ \ E O�RNEDEAS REFERS / • ' \ \ `EN�RUN�ER��NE0OF0") s OR. %%I / \ y �tERN\NEO L 12l \ \; \ 0 O \ \ o o \\ \\ 0 co 0 \ \ \\\ \\\ •o5��g„E �ooas \ FINAL SURVEY Development Rights Easement Survey Prepared For "Town Of Southold” At Mattituck Town of Southold Suffolk County, New York Suffolk County Tax Map: Dist. 1000 Sect. 100.00 Block 04.00 Lot 004.000 100 I 0 100 I I I SCALE:1 "=100' ROr 1. REFERENCE DEEDS L. 11784 CP. 686 do L. 12287 CP. 387 091ARIEW TOTAL AREA ZONING USE DISTRICT SCHOOL DISTRICT FIRE DISTRICT UTILITIES 61.0976 ACRES AC MATTITUCK MATTITUCK VERIZON, LIPA, S.C.W.A. 0 E\ 0M 01 oeJe\09 Ok co \ 0 \ f0 \ an01 \ aIts >. \ �S ° pG • \ mom, °� \ \ a( 0< 01 i Nf• k qe Ok tp \ \ II �- \\ 0 \ / 0,-N 0� O O- L / O 0 0 co ti°�0f. O- o-00 CD `0 \ % ' ° W \ ZDE 6'19'59 \\\ 01. 000, N °n r``\ \ \ 1g 59"\ 578"12 \ \ 576' tJ 9 \\ > \ o 4 t^ \ egerve o P`2.6Ar aG 05 s f Jr- \\ \ O. FEN• 1 415 p0' , 10� 4,02 7Z ° Zi y CC° 02 �o� g o p 3 Nw \ \� D p NVE� r. ,� MID NPM p,VE .L NO. SRR• 56.19 5 359 0 A � E R I A L M A IN • KM- Y6 Town xlogpment Town Development Rights Town Development Rights er er County Development Rights Town Development v'I Rights XX I I Town Development Rights Town Development .Rights Z/ 0 Town Development Rights County Development Rights own Developm Rights Town I + ff Vw,- WpIILTIL Rights 0 '0 N Vol), IL 'It el�a - Town Development VAIN Rights VA•A-0 9 e_1 I - 601 PLT Easement County Development Rights lei "1",