Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Biggane, John & Margaret
P R O P E R T Y 1y1 rl V Subject Photographs View of subject looking west from eastern boundary F View looking northwest along subject's easternmost boundary 107 1+OU sti v • � , of View looking northwest along subject's easternmost boundary 107 m I View looking west along Oregon Road r - View looking east along Oregon Road ...1- NOW IOR 0 6 L] SUBJECT PHOTOGRAPHS (CONTINUED) VIEW OF THE SUBJECT ALONG OREGON ROAD VIEW OF THE SUBJECT ALONG OREGON ROAD FACING SOUTHWEST 109 t 11 I SUBJECT PHOTOGRAPHS (CONTINUED) VIEW OF THE SUBJECT FROM OREGON ROAD FACING NORTHEAST is L■ I 8865 Oregon Rd. Cutchogue, N.Y. 11935 M. 95.-1%7.2 46 P8865 Oregon Rd 20,15 G o c q I e 'r 4 .J* -)o(41C " I 11. 4L IZ _ A y 8 �6 • + "' ins o'a � o. ♦oma At v •a A vi A w ti ♦ >> �d a .• `�' � y .. Vic! 3. q► tib � 1 � 'O vP 'r'eE r ♦ ,♦ � S ua m •m m. �' 'o M1a tiq ry g ti lv, a aO mq 28 b � N q , LL U• � ♦♦ a ♦o e` 'e ♦f yr I 0 •, • ♦ e � , vre ♦y •4 •c i �c a ♦op♦ r e 'a 0 32.3 % Y 29.7A(c) st", FOR PCL N0. FOR PCL. N0. FORPCL. ND. FOR PCL NO. SEE SEC. N0. SEE SEC" NO. SEE SEC.1� SEE SEC. NO. 095-01-000.7 D95-01-009 095-01-010 D95-01-011.2 s y d, N 296600 FOR PCL NO ' SEE SEC NO 1 112 csrl oR] 21 �r1 O I �11b+t °Q w 5 QA(cl ........... -uw.c 72 c I 70.BA Z 3, 5.2 23.7A vWWi 4.] rrw. v swr+a10 72.3A 0.NELOPmEMr R s) IraN V SU hMD DEVEID^YEM RlGNfS) 19.7AW b 1.lAfc1 4 11.3 Mild 10 �. 25.3A(c) 12 9 a � 9 0 23.?Alc) lit LOA • 6.1 �: •• LOAW x /� Tax Map L®cati®r� IN Zoning Map 115 A P P R A I S A T I O N S LAND PRESERVATION COMMITTEE MEETING Minutes of Meeting held Tuesday, October 28, 2008 at 7:00 p m. Members Present: John Sepenoski, Chairman Chris Baiz Ray Huntington Monica Harbes Members Absent: Lillian Ball, Michelle Zaloom Also present: Melissa Spiro, Land Preservation Coordinator Al Krupski, Town Board Liaison Randy Parsons, The Nature Conservancy Stephen Searl, Peconic Land Trust Commencement: • The meeting began at 7.15 p.m. with five LPC members present. Eric Keil EXCERPT FROM ADOPTED 10/28/2008 -LPC MEETING MINUTES Applications and Inquiries: • BIGGANE PROPERTY SCTM #: - 1000-95-1-11.2 PDR Acreage. Location: 8865 Oregon Rd, Cutchogue Zoned: Total Acreage` ±19.7 Subdividable: CPF: Yes PDR application Reviewed new application received on 10/14108. _ ±17.7acres Yes Melissa went over new PDR application with Committee. Landowner is requesting 1 residential lot as part of Conservation Subdivision. Landowner has not yet reviewed Conservation Subdivision with Planning Board. Melissa has scheduled field inspection with Planning Staff. LPC discussed potential location for proposed lot and is generally favorable to locating lot along the north side of property. LPC discussed restrictions on future agricultural structures and decided that for scenic purposes agricultural structures to be restricted to 2% lot coverage MOTION made by Ray Huntington, seconded by Monica Harbes, to direct Melissa Spiro to commission an appraisal on the Biggane property for the purpose of a development rights easement. Value to include restriction limiting future agricultural structures to 2% of easement area. Motion carried- 5/0 Note to file: March 16 2016 BIGGAIVE SUM #1000-95.-1-11.2 In accordance with the fully executed contract dated January 20, 2016 between John C. Biggane and Margaret G. Biggane, as Sellers, and the Town of Southold, as Purchaser, the Sellers agreed as follows: Paragraph 29. (b): "Prior to closing, the man-made pond and lawn area located in the northeast corner of the Development Rights Easement Area and shown on the attached Map shall be discontinued and the area shall be restored in a manner that will enable it to be used for agricultural production." On March 3, 2016, Land Preservation Coordinator Melissa Spiro and her assistant, Melanie Doroski, inspected the Biggane property off Oregon Road in Cutchogue (SCTM #1000-95.-1- 11.2) after having been informed by landowner John C. Biggane that the pond had been filled in and the area restored. The following five (5) photographs were taken of the subject restoration area. Area where pond had been had been filled in with soil and leveled off -with the surrounding land appearing to make it suitable for agricultural production as per the contract stipulation. BIGGANE Property Oregon Road, Cutchogue SUM #1000-95.-1-11.2 Photos taken March 3, 2016 Photos taken from driveway facing southerly across area of former pond (filled in) w/i easement area BIGGANE Property Oregon Road, Cutchogue SCTM #1000-95.-1-11.2 Photos taken March 3, 2016 Photo taken from driveway facing westerly across site of filled in pond within easement area BIGGANE Property Oregon Road, Cutchogue SUM #1000-95.-1-11.2 Photos taken March 3, 2016 Photo taken from driveway facing northwesterly across easement area to area where pond had been filled in. SITE ASSESSMENT for the property located at: 8865 Oregon Road Cutchogue, New York 119 3 5 SCTM #1000-95-01-11.2 prepared for: Town of Southold Town Hall Annex 54375 State Route 25 Southold, New York 11971-0959 prepared by: 0 Cashi ates, P. C. Engineering • Pani • f -o truction Management 1200 Veterans Memorial Hig waaup auge, ew York 11788 - (631) 348-7600 80 SW 8th Street, Suite 80 , ami, Flor a 33130 - (305) 579-2006 JANUARY 28, 2016 PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 8865 OREGON ROAD CUTCHOGUE, NEW YORK 11935 SCTM #1000-95-01-11.2 EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) conducted by Cashin Associates, P.C. (CA) for the subject property located at 8865 Oregon Road, Cutchogue, New York. The approximately 19.7 acre subject property is currently comprised of a sod farm. No structures are present on the subject parcel. According to CA's historical research, it appears that the subject property has historically been used as an agricultural field. The field inspection was conducted on January 22, 2016 by Mr. Andrew Thyberg, an Environmental Scientist from CA. CA accessed the parcel from Oregon Road and used the access road which runs alongside the subject property to travel throughout the length of the subject property. Site access was arranged through the property owner, Mr. John Biggane. Based on the review of the available historical data for the past 54 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. In the mid -2000s, aerial photographs indicated some sparse vegetation, two driveways serving as access ways to the two residential properties adjacent to the subject property, and a small pond, on the northwest portion of the subject property. The vegetation thickened over the next decade and the driveways and pond remained, as indicated by later aerial photographs. It does not appear that any structures or buildings were associated with the subject property. Cashin Associates, P.C. 0 Engineering a Planning 0 Construction Management The site does not appear on any of the reviewed environmental databases. No locations within the surrounding area appeared in the reviewed databases. No Recognized Environmental Conditions (RECs) were identified by this assessment for the subject property. The following Business Environmental Risk issue was found to be associated with the subject site: Recognized Environmental Conditions (RECs) None Identified. Historic Recognized Environmental Conditions None identified. Controlled RecoLrnized Environmental Conditions (RECs) None identified. De Minimis Conditions None identified. Cashin Associates, P.C. 0 Engineering 0 Planning 0 Construction Management Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic/current agricultural use of the subject property, as well as adjoining properties, it is assumed that pesticides, herbicides and fertilizers were used over a prolonged time period. Regional contamination of shallow groundwater from pesticide use has been thoroughly documented for much of eastern Long Island. Soil contamination has also been documented for lands under long-term agricultural use. Cashin Associates, P.C. 0 Engineering 0 Planning 0 Construction Management Duck Pond /- Point 65 i i f , �o • o l • Site W r ti 'C' New York State Department of Transportation Mattituck Hills Quadrangle, New York - Suffolk Co. 7.5 Minute Series, 1991, Digital Edition Scale 1:24000 16CTS.002 TOPOGRAPHIC LOCATION MAP 8865 Oregon Road Cutchogue, New York SCM # 1000-95-01-11.2 • 1 IF 40• • • ',\ • ° •, L \' ', •�: F TIDAL. LANDSFt �, 9 110( •o i° . ' 00 0� ` New York State Department of Transportation Mattituck Hills Quadrangle, New York - Suffolk Co. 7.5 Minute Series, 1991, Digital Edition Scale 1:24000 16CTS.002 TOPOGRAPHIC LOCATION MAP 8865 Oregon Road Cutchogue, New York SCM # 1000-95-01-11.2 s 000 G ISL 000 / RESIDENTIAL--- POND Cashinetas, P.C. ENOINEERINO PLANNING S RUCTION MANAGEMENT 16CTS.002 N 0 RFS�oF ti� ^ 2—ST0RY v / FARM BUILDING 2—STORY------ RESIDENTIAL 1—STORY / 1—STORY north NOT TO SCALE RFS�O F,yTgIO O FARM UILDINGS 2—STORY RESIDENTIAL /� 5 Y, b0 2—STORY nn/� �� tb0QRE�SIDENTIAL �Ah SITE SKETCH G0� 8865 Oregon Rd o Cutchogue, New York SCM # 1000-95-01-11.2 Photograph #1 — View of subject property located at 8865 Oregon Road, Cutchogue, NY, looking northwest. Photograph #2 — View of subject property looking southwest. Photograph #3 — View of subject property looking northwest (taken from center of subject property). Photograph #4 — View of subject property looking southeast. Photograph #5 — View of subject property looking northeast. Photograph #6 - View of edge of subject property. Photograph #7 — View of pond and vegetation on subject property. Photograph #8 — View of vegetation and driveway on subject property. Photograph #9 - View of driveway on subject property. Photograph #10 —View of tanks and equipment on property adjacent to the subject property. Photograph #11 —View of residential home adjacent to the subject property. Photograph #12- View of residential home adjacent to the subject property. Photograph #10 —View of residential home adjacent to the subject property. OVERVIEW MAP - 4514769.5S * Target Property ° 114 1/2 1lobe Sites at elevations higher than or equal to the target property F Indian Reservations BIA • Sites at elevations lower than Power transmission lines the target property ® 100 -year flood zone L Manufactured Gas Plants National Priority List Sites ® 500 -year flood zone Dept. Defense Sites ■ National Wetland Inventory J State Wetlands This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Biggane Property CLIENT: Cashin Associates, P.C. ADDRESS: 8865 Oregon Road CONTACT: Andrew Thyberg Cutchogue NY 11935 INQUIRY#: 4514769.5s LAT/LONG: 41.0318 172.519 DATE: January 15, 2016 4:37 pan Copyright t� 2016 EDR, Inc. cc 2015 TornTom Rel. 2015. DETAIL MAP - 4514769.5S * Target Property CLIENT: Cashin Associates, P.C. 0 1/16 1B 1/4Yllec • Sites at elevations higher than INQUIRY#: 4514769.5s LAT/LONG: 41.0318 / 72.519 or equal to the target property Indian Reservations BIA Copyright ,c) 2016 EDR, Inc. cc 2015 TornTom Rel. 2015. • Sites at elevations lower than ® 100 -year flood zone the target property 500 -year flood zone A Manufactured Gas Plants r Sensitive Receptors National Wetland Inventory National Priority List Sites State Wetlands Dept. Defense Sites This report includes Interactive Map Layers to display and/or hide map information. The legend includes only those icons for the default map view. SITE NAME: Biggane Property CLIENT: Cashin Associates, P.C. ADDRESS: 8865 Oregon Road CONTACT: Andrew Thyberg Cutchogue NY 11935 INQUIRY#: 4514769.5s LAT/LONG: 41.0318 / 72.519 DATE: January 15, 2016 4:38 pm Copyright ,c) 2016 EDR, Inc. cc 2015 TornTom Rel. 2015. �t Target Property SSURGO Soil water SSURGO SOIL MAP - 4514769.5s 5 2 4 I 3 � 1 4 0 1116 A Aid SITE NAME: Biggane Property CLIENT: Cashin Associates, P.C. ADDRESS: 8865 Oregon Road CONTACT: Andrew Thyberg Cutchogue NY 11935 INQUIRY #: 4514769.5s LAT/LONG: 41.0318 / 72.519 DATE: January 15, 2016 4:39 pm Copyright <0 2016 EDR, Inc. 02015 TornTom Rel. 2015 PHYSICAL SETTING SOURCE MAP - 4514769.5s /v County Boundary u 1/4 Ire 1 Miles /1/ Major Roads /� Contour Lines Groundwater Flow Direction OO Earthquake epicenter, Richter 5 or greater c l Indeterminate Groundwater Flow at Location ® Water Wells Groundwater Flow Varies at Location © Public Water Supply Wells ® Closest Hydrogeological Data • Cluster of Multiple Icons • Oil, gas or related wells SITE NAME: Biggane Property CLIENT: Cashin Associates, P.C. ADDRESS: 8865 Oregon Road CONTACT: Andrew Thyberg Cutchogue NY 11935 INQUIRY#: 4514769.5s LAT/LONG: 41.0318 / 72.519 DATE: January 15, 2016 4:39 pm Cooyriuht (0 2016 EDR. Inc. cg 2015 TornTom Rel. 2015. P U B L I C I N G RESOLUTION 2016-91 ADOPTED DOC ID: 11486 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-91 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 5,2016: 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, January 19, 2016, at 7:33 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 John C. Biggane and Margaret G. Biggane. Said property is identified as part of SCTM #1000-95.-1-11.2. The address is 8865 Oregon Road in Cutchogue. The property is located in the Agricultural -Conservation (A -C) Zoning District and is situated on the northerly side of Oregon Road approximately 525 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18.577± acres (subject to survey) of the 19.7± acre parcel. The 1.1± acre area excluded from the acquisition is part of a pending Lot Line Modification application before the Planning Board to transfer the area to the soundfront lots to the north. 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. The purchase price is $55,000 (fifty-five thousand dollars) per buildable acre for the 18.577± acre easement plus acquisition costs. The purchase offer is less than fair market value of the development rights indicated in the Town's commissioned appraisal and the landowners may be eligible to claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. 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 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, January 19, 2016 at 7:33 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 John C. Biggane and Margaret G. Biggane. Said property is identified as SCTM #1000-95.-1-11.2. The address is 8865 Oregon Road, In Cutchogue. The property is located in the Agricultural -Conservation (A -C) Zoning District and is situated on the northerly side of Oregon Road approximately 525 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18.577± acres (subject to survey) of the 19.7+ acres parcel. The 1.1+ acre area excluded from the acquisition is part of a pending Lot Line Modification application before the Planning Board to transfer the area to the sound front lots to the north. 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. The purchase price is $55,000 (fifty-five thousand dollars) per buildable acre for the 18.577 acre easement plus acquisition costs. The purchase offer is less than fair market value of the development rights indicated in the Town's commissioned appraisal and the landowners may be eligible to claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: January 5, 2016 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on January 14, 2016 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 Pres SOUTHOLD TOWN BOARD PUBLIC HEARING January 19, 2016 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 Bill Duffy This hearing was opened at 7:53 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, January 19, 2016 at 7:33 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 John C. Biggane and Margaret G. Biggane. Said property is identified as SCTM #1000-95.- 1-11.2. The address is 8865 Oregon Road, In Cutchogue. The property is located in the Agricultural -Conservation (A -C) Zoning District and is situated on the northerly side of Oregon Road approximately 525 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18.577+ acres (subject to survey) of the 19.7± acres parcel. The 1.1+ acre area excluded from the acquisition is part of a pending Lot Line Modification application before the Planning Board to transfer the area to the sound front lots to the north. 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. The purchase price is $55,000 (fifty-five thousand dollars) per buildable acre for the 18.577± acre easement plus acquisition costs. The purchase offer is less than fair market value of the development rights indicated in the Town's commissioned appraisal and the landowners may be eligible to claim a bargain sale. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value. FURTHER NOTICE is hereby given that a more detailed description of the above mentioned Biggane Development Rights Easement Public Hearing January 19, 2016 page 2 parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. I do have a signed and notarized affidavit that this notice has been printed and has been put in the public places in Town Hall. I do have a copy of the legal notice that was in the Suffolk Times on January 14th, 2016 advertising this hearing. I also have a letter from the Local Waterfront Revitalization Program, Mark Terry the principal planner, that this action is consistent with the policy standards and therefore it is consistent with the LWRP. SUPERVISOR RUSSELL: Melissa? MELISSA SPIRO, LAND PRESERVATION COORDINATOR: Hi, Melissa Spiro, Land Preservation Coordinator. The farm shown in red for those of you that can see this, it is outlined in red on the map and there has been a significant amount of land preservation in this area, all the farms marked with white are either in the town or the county's land preservation program. As noted in the hearing, the landowner is before the Planning Board to transfer about one acre on the north end of the property to the lots on the sound and that area shown on the map in the dotted white line and that area is not part of the development rights acquisition. The farm is adjacent to and in the vicinity of many farms that are in active farm, active agriculture, even if they are not preserved and the subject parcel is all prime agricultural soils. The Biggane's have discussed preservation of this property on and off for years and more recently they decided to proceed with offering the development rights to the town at the below market value amount. The purchase price is below that of the towns' appraisal and the owners may be able to use this as a charitable donation. It has been great working with Jack and Maggie Biggane, I have met with them many times and I thank them for giving us the opportunity to preserve this really important farm and both the land preservation committee and I support and recommend that the Town Board proceed. Thanks. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this? (No response) This hearing was closed at 7:37 PM Elizabeth A. Neville Southold Town Clerk S E Q R A M P U R C H A S E IN E S O L u T I N RESOLUTION 2016-154 ADOPTED DOC ID: 11530 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2016-154 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 19,2016: 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 John C. Biggane and Margaret G. Biggane on the 19t" day of January, 2016, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-95.-1-11.2. The address is 8865 Oregon Road in Cutchogue. The property is located in the Agricultural -Conservation (A -C) Zoning District and is situated on the northerly side of Oregon Road approximately 525 feet southwesterly from the intersection of Depot Lane and Oregon Road in Cutchogue, New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18.577± acres (subject to survey) of the 19.7± acre parcel. The l.l± acre area excluded from the acquisition is part of a pending Lot Line Modification application before the Planning Board to transfer the area to the soundfront lots to the north. The exact area of the acquisition is subject to a Town -provided survey acceptable to the Land Preservation Committee and the property owners; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $55,000 (fifty-five thousand dollars) per buildable acre for the 18.577± acre easement plus acquisition costs. The purchase offer is less than fair market value of the development rights indicated in the Town's commissioned appraisal and the landowners may be eligible to claim a bargain sale; 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 Resolution 2016-154 Board Meeting of January 19, 2016 WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; and, 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 John C. Biggane and Margaret G. Biggane, identified as part of SCTM #1000-95.-1-11.2. 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. a Elizabeth A. Neville -Southold Town Clerk RESULT: ADOPTED [UNANJMOUS] MOVER: Louisa P. Evans, Justice. SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Doherty, Evans, Russell Updated: 1/ 19/2016 3:48 PM by Lynda Rudder - Page 2 617.20 • Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT INFORMATION (To be completed by Applicant or Proiect Sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME f Ir OLI 1 M �16641V& 3. PROJECT LOCATION: Municipality Lrr ttm-T> -ko AI County CJ% FOr. k 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) -3crrA # I cod - a S - ) - Il. z 886 S ori&&ons lCoXD- Curr G1+06a1 5. PROPOS ACTION IS: New ❑ Expansion Modification/alteration 6. DESCRIBEPROJECT BRIEFLY: ( /own CIPvP���Pn� r,6 h�S e4tP✓!a Urc(italr o-�' 18.57 I�I,�' acre°6�°'1l/ Gyr,c�lr�l�rposPS. qcfps o� 7. AMOUNT OF LAND AFFECTED: 'g•S, 4 Initially ) % •5 `- 7 acres Ultimately acres WILL PROP D ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? IQ ' es n No If No, describe briefly 79. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? PResidential R Industrial 0, Commercial Agriculture 0 Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LSO -C -AQ? E]Yes �'No If Yes, list agency(s) name and permit/approvals: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes E" No If Yes, list agency(s) name and permit/approvals: 12. ASA RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes EjNo 0. I CERTIFY T T TH INFORMAgN PRQVIDED ABOVE TRUE Tp THE BEST OF MY KNOWLEDGE/, Applicant/sponsor name: ; 1 / PSPIvk,/)6A (2r)W 4,,44 Date: b Signature: - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 "ART II - IMPACT ASSESSMENT (To be completed by Lead Aqencv) L DOES ACTION EXCANY TYPE I THRESHOLD IN 6 NYCRR, PART 617 4? If yes, coordinate the review process and use the FULL EAF 11Yes o - B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be perseded by another involved agency. ❑ Yes o C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattern, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: A C2. Aesthetic. agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? -Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: N� C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: ` 0 C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: AD, C6. Long term, short term, cumulative, or other effects not identified in C1-05? Explain briefly: ND C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: �N\ D. WILL THE PROJECT AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL EA (CEA)? E]Yes No If Yes, explain briefly: E. IS THERE, OR IS TTHEIRE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? F] Yes No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, 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 If was checked yes, the determinationofsignificance mustevaluate the potential impact of the proposed action ornthe environmental characteristics of the CEA. 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. 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 determin LST Nrcu"X> a W K3 �-o Name of Lead Agency d-VV_ySS E L -L-. Print or Type Nawd f Responsib Officer in Lead Agency SignattO of Responsible Officer in Lead Agency _—` n"M Jp?_G?_UtisdfL_ Title of Resppnsible Officer Signatute of P parer (If diffeyt from responsible officer) OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, Principal Planner 14 LWRP Coordinator IRE C�IUVEO JAN -:8:20]16 DEPT. OF LAND Date: January 8, 2016 Re: Proposed -Purchase of a Development Rights Easement on Property owned by John C. & Maragret G. Biggane SCTM #1000-95.-1-11.2 Zoning District Agricultural -Conservation (A -C) Location: is 8865 Oregon Road in Cutchogue This proposed acquisition is for a development rights easement on a part of the property consisting of approximately 18.577± acres (subject to survey) of the 19.7± acre parcel. The 1.1± acre area excluded from the acquisition is part of a pending Lot Line Modification application before the Planning Board to transfer the area to the soundfront lots to the north. The action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: Bill Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator S T A T E M E N T CLOSING STATEMENT JOHN C. BIGGANE and. MARGARET G. BIGGANE to TOWN OF SOUTHOLD part of SCTM #1000-95.-1-11.2 Total Development Rights Easement —18.592 acres Total Parcel Acreage —19.726 acres (before lot line modification) 25' Wide Right of Way Acreage — 1.658 acres Premises: 8865 Oregon Road, Cutchogue Closing took place on Tuesday, March 29, 2016 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 931,370.00 (based upon 16.934 acres buildable acres @ $55,000 per buildable acre) disbursed as follows: r Payable: to John C. & Margaret G. Biggane $' 531,370.00 :Check #127948 (3/22/2016) Payable to Donald Oehl (mortgagee) $ 400,000.00 Check #128034 (3/22/2016) Expenses of Closing: Appraisals Payable to Given Associates, LLC $ 2,600.00 Check #99450 (1/20/2009) Payable to Lawrence Indimine Consulting Group $ 2,500.00 Check #125315 (6/30/2015) Survey Payable to Nathan Taft Corwin III Land Surveyor $ 1,500.00 Check #128021 (3/22/2016) Environmental Report (Phase I ESA) Payable to Cashin Technical Services Check #127671 (2/23/2016) Title Report #F16-7404-100488 Payable to Fidelity National Title Insurance Check #127976 (3/22/2016) Title insurance policy $ Recording easement & Certified copy of easement $ Recording service charge $ Title Closer Attendance Fee Payable to Patricia Fallon Check #127975 (3/22/2016) Those present at Closing: Lisa Clare Kombrink, Esq. John C. Biggane Margaret G. Biggane James Spiess, Esq. Donald Oehl Ginny Oehl Patricia Fallon Katerina Grinko Melissa Spiro Melanie Doroski 3602 535 50 1,100.00 $ 4,187.00 $ 1,50.00 Attorney for Town of Southold Seller Seller Attorney for Sellers Mortgagee Title Company Closer Law Clerk Observer Land Preservation Coordinator Land Preservation Sr Adm Asst TOWN OF SO UTHOLD VENDOR .02998 JOHN C & MARGARET G BIGGANE 03/22/2016 CHECK 127948 FUND & ACCOUNT CM .8660.2.600.100 P.O.# INVOICE DESCRIPTION AMOUNT 16-154 032916 BIGGANE-18.592 AC DEV RT 531,370.00 TOTAL r-% as ,i33;1 ft p Lam. ,. yt=.uj°; �Y a G?.t:•Fl i;t,43'.' 4�1:'i�yF's�•�+ -( E _ j�4�ar• r7a:a'•F- xi,3.:M?s(''.r "Y�� i'i7 jet` ��.tw+� \^� ..�yTJ r - +'!Y i?i#i'Ma;•fl �'3+-�:I'+•Fbta __ �J i4 �`:. _�•.. `� `6�s�F'�`l:T�;",'ty'r ;'`;i„+s:t.�''r�i.Mh`��y�ra� t:h ::�G; •;Y\ {'� ; r�-'.;•. y. jai' '�#r'" • ,i � i.�'a�„a' K,'S ” i r ;et•=�- � etc ",�, •.} � '7: i-��::�ry�,'5 f E5v' 3 rr rs-, a; t�'j :��W FF• ��Hr :la, ;•B,a „f'i'st F n rail I 4 ' iI'iti•'J�s, �,.+'"}� .�Rft� 4 t' ' c } ate. '.F '�''" j �; y:'k%,I`;� �•i� ��_ .I�• ,i� � •'v ; "'r. �J µz`< t' ec• w r - 531,370.00 r,- TOWN�OF-SOUTHOLD 03/22/16 ,AUDIT _53095 MAW OA P lB ,�' -SOUTHOLD.'N, 1j, 974.09§ il,,dl ;;f •,i%'ii• - - '_- - 1 $ -CHECK I I I I „II I I I III I 'I�^I�' _ - - THE'$$�J FOL GGpp �N �'�ANK I - - - 1 ' I I I I CUTCNOGU tJY 11935 DATE' - AMdUN� �, 'Iii - ,50.546/214 _: - i „ 03,/22/2016 $53.1_,37.0_.0.0 UI3pR D' -i HIRTX'; I,O' I N {{LX I D THR E li f°��44 , URI3'VENI+„ _ I - _ ,i,I ?,I, I•�'i I I ; I , ''il ; I I ,'il I� i - ' _ -___= -: -__ �f�1. 'I;}i1, !, I�' 'ii;'•Ii'• --:- -: __', _-_ —__,- �"it" 'I'\i.' r'.1,� ,ii",I, Q�O,StiOLA,`0,��I,,,I• 1 'll� II,I'11, - .J �1�rl-1 ',;,,JO'H%TI Ct 1; MARGARET- G< <--��Gb_M�E ', -'116 I I •i; •1„I - - - I',rI j, ,I, I� !'Ii I :x _ _ _ II, ', tI iI,I ,V'I: I, II Ii,l �l���f TO E ' '1168'I;r,EEhSTON RD----- or GARDEN CITY NY 11530 , p� __ - - - -_ _ ',I'i'I• i 'I �I I ,'I' _ _ _ _ _ .I l,lil 'i111' ;I! I,I,d „w —9 _ -_ . 'i' 12794$ii'' e:0 2 b40546to: 63 000004 r- r- r- 7 ---------- --- ..... .. I -- --- -- ----- ----- -- -- -------------- - - --- ---- - -------- ----------------- ----- ---- -------------- - TOWN OF SOUTHOLD VENDOR .02999 DONALD OEHL 03/22/2016 CHECK 128034 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 16-154 032916 BIGGANE-18.592 AC DEV RT 400,000.00 TOTAL TOWN SqQ -53G95,MAIN �pAo,, 79 -SQLJTHOLD,��1497)1'109010 I,",! J;'{i THE EUrFON' Q�' 'WA"T�01�'AC8ANK CUTCHOGUE, NY 1105 50z546/2t4 FO -T OU01N 'A --UR; H L-ARS P3/;22/16 CHECK O3/,22,/,29,1,6 OEHL WTH I E 9RDER 1,4 0'1,',t�INE -AVE 6 GARDEN CITYY-SOUTH NY 11530 r 1 28034 40 2 140 54641: G 3 000004 lie 400,000.00 $40-0,0Q0-0-0- i4lil �4`rt. IT e N kg'- irp 141� n Z TOWN SqQ -53G95,MAIN �pAo,, 79 -SQLJTHOLD,��1497)1'109010 I,",! J;'{i THE EUrFON' Q�' 'WA"T�01�'AC8ANK CUTCHOGUE, NY 1105 50z546/2t4 FO -T OU01N 'A --UR; H L-ARS P3/;22/16 CHECK O3/,22,/,29,1,6 OEHL WTH I E 9RDER 1,4 0'1,',t�INE -AVE 6 GARDEN CITYY-SOUTH NY 11530 r 1 28034 40 2 140 54641: G 3 000004 lie 400,000.00 $40-0,0Q0-0-0- F!GI T T j� l� TInvoice S S O C I A T E S Date Invoice # 548 Route 111 / PO Box 5305 1/8/2009 667 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 Please make check payable to: GIVEN ASSOCIATES, LLC File No. Terms 2008312 Due upon Receipt Description Amount Appraisal of Real Property of John and Margaret Biggane Located 2,600.00 8865 Oregon Road, Cutchogue, NY ).C.T.M. #1000-59-1-11.2 (p/o) i - ]D!E C E Q fl E ;0r JAN - 9 2009 DEPT OF LAND PRESERVATION i Thank you for your continued business. Balance Due $2,600.00 FGIVEN A S S O C I A T E S TOWN OF SOUTHOLD VENDOR 007416 GIVEN ASSOCIATES LLC 01/20/2009 CHECK 99450 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 19284 667 APPRAISAL-BIGGANE-12/22 2,600.00 H3 .6660.2.500.200 19284 668 APPRAISAL-VENETIS-12/22 2,600.00 TOTAL 5,200.00 Lawrence Indimine Consulting Corp. PO Box 1453 Smithtown, NY 11787 (631) 979-2735 Town of Southold Department of Land Preservation PO Box 1179 Southold, NY 11971-0959 Description Appraisal of Property of Biggane Located 88665 Oregon Road, Cutchogue, NY SCTM #1000-95-1-11.2 (part of) ` ile #15063 r� JUIN s c 2015 i OF LAN Invoice Date Invoice # 6/18/2015 698 Amount 2,500.00 Thank you for your business. Tota- � Otal $2,500.00 - --- ---- - - --- ---- : .................. ..... . ................. ----------------------- ------------ ----- - -•----------------------- . .................. . . .... .. , . .. . i ............ .......... ......... . .......... ------- - ---- Ail ..... .................. . .. ..... . ............... --- TOWN OFSOUTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 06/30/2015 CHECK 125315 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .866(0.2.500.200 27463 698 BIGGANE APPRAISAL -DEV RT 2,500.00 TOTAL 2,500.00 z ��% to 2 Yll AJ ------------- E T5, &V,, it I E Wk LI NMWN T ' SO,- aw NATHAN TAFT CORWIN III LAND SURVEYOR, P.C. P.O. BOX 16 -Tamesport, New York 11947 ,')ffice Location: 1586 Main Road, Jamesport NY Phone # 631-727-2090 Fax # 631-727-1727 Bill To Town of Southold Land Preservation Dept. P.O. Box 1179 Southold, New York 11971 Invoice Date Invoice # 2/29/2016 7938 Job # Client: Terms S.C. Tax Lot No. 35-102A Biggane 30 DAYS 1000-95-01-11.2 Description Amount Survey of property at 8865 Oregon Road, Cutchogue for Development Rights 1,500.00 lTllECL�IJ V LS MAR 16 2016 Payments/Credits $0.00 Balance Due $1,500.00 - :- ; --------- ----------------- ..... ------------ TOWN OF SOUTHOLD VENDOR 013975 NATHAN T CORWIN III " 03/22/2016 • CHECK 1223021 I FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 29040 7938 B'IGGANE SURVEY 1,500.00 r TOTAL --'1,500.00 �" r �'' � rc, `�� H '� �'"' � •27`1 COP zr- J-a � i J r I Cashin Technical Services, Inc. 1204 Veterans Memorial Hwy. Hauppauge. NY. 11788 631.348.7600 phone ( 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 January 27, 2016 Southold, NY 11971-0959 Project No: 16CTS.002 Invoice No: 116001C Phase I Environmental Site Assessment for property located at 8865 Oregon Road, Cutchogue, NY SCTM # 1000-95.-1-11.2 Professional Services from January 12 2016 to January 27, 2016 Fee Total this Invoice FEB - 1 20"'1 1,100.00 $1,100.00 --- --------- TOWN OF SOUTHOLD VENDOR 003079 CASHIN ASSOCIATES, P.C. 02/23/2016 CHECK 127671 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM 8660.2.600.100 29039 116001C PHS 1 ESA-BIGGANE DEV RT 1,100.00 TOTAL 1,100.00 TOWN QF SOUTHOLD -531095 MAIN hoAD. PO )30X 1179 1 SOUTHOLD, N? 1-1 , 71-09s,Q * �8-U-ZLK - cc). �A,TION-ACBANK CUTCHOGUE, NY 1 935 50-546/214 ONE -THOUSAND ONE HUNDRIED AlqD 0-0,/1.00 DOLLARS -- CAS,4I4-XSSOC-lATES-, P. C. 20 ... 0 .1 ' . ViTER.ANS MEMORIAL HWY )RDER HAUPPAUGE NY 11786 OF 12 7 G 7 Ilin 1:0 2 1 ItO 5L, F3 L, 63 000004 0110 02/23/16 AUDIT., CHECK "Y27 DATE AMOUNT " 021/23/2016 $1,10o.-00 0 Fidelity National Title Insurance Services, LLC [ ] NYS GOOD FAITH ESTIMATE 24 Commerce Drive, Riverhead NY, 11901 [X] FINAL STATEMENT PHONE (631) 727-0600 • FAX (631) 727-0606 Title No: F16-7404-100488-SUFF I Closing Date: 03/29/2016 Closer: Patricia L Fallon Applicant: Town of Southold Land Preservation Dept Lender: Purchaser: Town of Southold Lender Attorney: Owner: John C Biggane Owner Attorney: McNulty & Spiess, Esqs Premises: 8865 Oregon Road County: Suffolk Cutchogue Mortgage Amount: $0 00 Fee Amount: $931,370 00 COMPANY CHARGES Amount: Buyer[Borrower Seller: Lender: Fee Premium $3,60200 Other Premium Optional Market Value Rider Escrow Service Charge Recording Service Charge $5000 $5000 Vacant Land Tax Search Endorsement Totals Other Charges Examination of Title Total Company Charges: RECORDING CHARGES Conveyance Tax -Exempt Mortgage Tax Lender Tax RPT Tax CPF Tax -Exempt ( 1 ) Easement/Cert Copy $53500 ( ) Mortgage ( ) Assignment of Mortgage ( ) Consolidation Agreement ( 1 ) Satisfaction of Mortgage $26500 ( ) Release ( ) Satisfaction of Judgment ( ) Agreement Total Recording Charges: ESCROW & EXCHANGES (ESOT) Total Escrow Charges: TOTAL CHARGES: CHECKS PAYABLE TO FIDELITY From: Check No.: Amount: Total Checks Payable to Fidelity (4): $0.00 LIST ALL OTHER CHECKS From: Check No. Amount: Total Other Checks: $0.00 TOTAL COLLECTED: OTHERANCILLARI CHARGES: Buver/Borrower Owner/Seller ( ) Mortgage Payoff Transmmal Charge $ $ ----- - ------ ------------------------ --- ------ ...................... ------------------- -- - - --- - TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 03/22/2016 CHECK 127976 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 16-154 F16-7404100488 BIGGANE-TITLE INS POLICY 3,602.00 CM .8660.2.600.100 16-154 F16-7404100488 BIGGANE-REC EASEMNT/CERT 535.00 CM .8660.2.600.100 16-154 F16-7404100488 BIGGANE-RECORDING SERVIC 50.00 ,r-y--;� y-• TOTAL 4,187.00 f'i�S3 ��, Y��} �i?`A�•�'I..tT i:t3 �3- k#7� "F `�.`j "'P' 3 }',11�}§"'Y't 5<• I x +itk%rYvT.i•; -,.}fi' }�Y-F� ]', i'M1,"• -_H. .�",� i'"�( + �> ,.=a,:;A iv t:.,tr,,��•`••��}h'��}F,g Y!'s�x T,',fir$;=,;.�;r-'y�.`,,ti�'=T'„'� �;�•D �-` _ rr �7. t:i:b0.�, $Y'tn ,'i'P=e�-I..>a--'i°,,"•'j,M,r � Y � .z +� ' R F -t9 k�{`i' i•-'eFr; �.t . F.""e,• �-` � "��;'x+•�� ` ',p�'o-o- ''�'�$' "' K{ y��'-r,�r.•f�z t �g =.,=r J fit} rt1F.,.t' �i • ��f a� r� •- ti any t» ry �„ sT=,'--cH(I• �'�-a `} � •Fxf -C C'=�°iP` h s�";:6�''.:ts�'tc: .. {.i...� qui[, r - i f- TOWN OFSOUTHOLD 03/,22/16T,,, -53095 53095MAINIROA M01 X1Q:'9 '-- "' 1 1 i' i" I -_ - SOOTHOLD,'N,Y 1-19�'1;09'� i i;'' - � I il, I 'r li,' (ME 'YiiO"w 7I6 II:^'I' L;„il; -- - I I',I�,I"i,r- :1'„ i'„II ,il' -z _ _. -_ THEW FFOh' CrOi:,NA FII',ON�ILi�ANK: cur OGUI,W 11 85 `BATE }' AMOUNT = 50-546IRlA ,03/22/2016 $4, 187 00 FOIIR=Ti30U AJ17 ONE°i''�i�JN E'pI!.'�Z�i��Y SEVEN =�1NE-(10/-1 O' DOYo S''il'I'- __ �g11FF01,��; Ir '' I 'il• I - - __ _- - _- ',o • I i„ I n;,.,. O` ��/ -__' --- ,-___ L.I ; I,r I'"I,,,I, I,y „ „� r- ',i NAT 30NAL TlT E_ -INS CO°,. I'lit 'i �'Ij ,II - - --__ - - - - li, TO,,,�1,' E ^'I '4 ',d- bM � RCE DRIVE OORDPR RIVERHEAD NY 11901 I, .I,' ', I�', II;IIi, lilt n' 1 2797Gum o®0 2 140 54 641: 63 000004 0}}' ........................ ----------------------- ----------------------- ------------------------ .................. . ----- ----------- ...... ------------------------ -------------- --------------- I ....... .... ........ - --------- ------------ ------------------------- ---------- -------- I - -------- ----------------------- -------------------- --------------------- . .................... TOWN OF SOUTHOLD I , VENDOR 006013 PATRICIA FALLON 03/22/2016 CHECK 127975 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 16-154 F16-7404100488 BIGGANE-T ITLE CLOSURE 150.00 TOTAL 150.00 1rl ,1L gd� 0&1.:Hifi w 5 !J # k fir r, r It lie TOWNOFSOU771OLD 03 /16 AUDITI, "'1, 53 095 MAINIPOAP, PQ'Bp,X 1�JI7,9, —SOUTHOLD, NY tl� 971,0959 1;, CHECK, '2 ?TPTr I, THS` YFO jL"i ANK CUTMOGUZtiY 112-1-1 AMOUNT 50a546/214 03/22/2016 $150. p.0 — FALLON PA)vl`� !I;! J;",; II 1 I1 al T6,ME `4,0 tqHITE OAK ORDER or SOUTHAMPTON NY 1196,8 1 2 79 7 Sum 0:0 2 140 54645: 63 000004 011, 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: 04/11/2016 Number of Pages: 23 At: 03:46:06 PM Receipt Number : 16-0055191 Handling $20.00 TRANSFER TAX NUMBER: 15-25470 LIBER: D00012860 NO NYS SRCHG PAGE: 133 District: Section: Block: Lot: Notation "00 095.00 01.00 011.002 $28.75 EXAMINED AND CHARGED AS FOLLOWS $200.00 Deed Amount: $931,370.00 $0.00 NO Received the Following Fees For Above Instrument JUDITH A. PASCALE County Clerk, Suffolk County Exempt Exempt Page/Filing $115.00 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 $28.75 NO RPT $200.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO Fees Paid $388.75 TRANSFER TAX NUMBER: 15-25470 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of This document will be public record. Please remove all Social Security Numbers prior to recording. „ECS �PDEC- 2016 Apr 11 03.46,:06 PM JUDITH A. PASCALE CLEF, OF SUFFOLK COUNTY L D00012860 P 133 IJ41 15-5470 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recoding / Filing Stamps 3 1 FEES Page / Filing Fee Handling 20. 00 TP -584 Notation EA -52 17 (County) EA -5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit ry Certified Copy ame'0 15. 00 Other _ 4 Dist. Id, 3129600 1000 Real Propert; l lllllp Tax Service P T S Agency R DiY A Verification 05 -APR -1 6 Sub Total / I - lo tt� Sub Total oC Q � Grand Total O i l - • - - - Oa�2 09500 0100 011002 111111111111111111111111111111111 Satisfactions7Dischaiges/Rel6ases List Property Owners Mailing Address RECORD & RETURN TO: mGLa?N/E Do%oslel' See. AbIn %OW/J OF SSOWW4..)/ k?NIl P/eE54SXY17?701V dEPF- 5'ounfo c -D, M`/ /197/ Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk s 1 Suff®Rk County Rec® 5 Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total _ SpecJAssit. or Spec./Add. TOT. MTG. TAX _ Dual Town Dual County_ Held for Appointment Transfer Tax F�-x�; p� Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page #/ of this instrument. tb Preservation ]Fund. Consideration Amount $ -lu CPF Tax Due Title ;MMUSL96'"WEM Improved Vacant Land TD TD TD TITLE Title# "116-7-/0eyly"re-.SzI'r-F anu & Endorsement Pd- This Q This page forms part of the attached 64-411rr aF UEt/ez,&V 22vr 61deer3r eMsc-12U-7made by: (SPECIFY TYPE OF INSTRUMENT) .%fin( �• R/G4'#A6 1*148 The premises herein is situated in (s. R., Gx qme SUFFOLK COUNTY, NEW YORK. TO In the TOWN of S6 U7740X-b -oeu N e r So a rme 4d In the VILLAGE or HAMLET of(C[7-Cnfc';ue BOXES 6 THRU S MUSTWE TYPED 0R PRINTED IN BLACK INI{ ONLY PRIOR TO RECORDING OR FILING. 12-0104-10/0ekk (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the day of March, 2016 at Southold, New York. The parties are JOHN C. BIGGANE AND MARGARET G. BIGGANE, 168 Euston Road, Garden City, New York 11530 (herein called "Grantors"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantors are the owners in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-95-1-11.2 (hereinafter referred to as the ""Property"), as more fully described in SCHEDULE "A" attached hereto and made a part hereof, and shown on the survey prepared by Nathan Taft Corwin, III, Land Surveyor, dated February 10, 2016, last revised March 3; 2016, (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A -C and Low -Density R-80 Zoning Districts of the Town of Southold; and WHEREAS, the Property contains a significant amount of soils classified as prime soils worthy of conservation as identified by the United States Department of Agriculture Soil Conservation Service's Soil Survey of Suffolk County, New York; and WHEREAS, the Grantors wish to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently used as a sod farm; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and 1 WHEREAS, Grantors and Grantee recognize the value and special _ character of the region in which the Property is located, and Grantors and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantors, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of NINE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED SEVENTY AND 00/100 DOLLARS ($931,370.00), the remaining value of the easement so conveyed, if any, being and intended to be a charitable contribution by the Grantor to Grantee, and other good and valuable consideration paid to the Grantors, the receipt of which is hereby acknowledged, the Grantors do hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and designated as the Property herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the Grantors, their legal representatives, successors and assigns, the fee title to the property, and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restrictions hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantors and Grantee for themselves, and for and on behalf of their respective legal representatives, successors and assigns, hereby covenant and agree as follows: , 0.01 Grantors' Warranty Grantors warrant and represent to the Grantee that Grantors are the owners of the Property described in Schedule A, free of any mortgages or liens, except as set forth in Fidelity National Title Insurance Services, LLC 2 Title Report F16-7404-100488-SUFF, which mortgage will be satisfied as of the date hereof, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantors that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law (""General Municipal Law") to acquire fee title or lesser interests in land, including development rights, easements, covenants, and other contractual rights which may be necessary or desirable for the preservation and retention of agricultural lands, open spaces and natural or scenic resources. 0.03 Purpose The parties recognize the environmental, natural, scenic, agricultural and aesthetic values of the Property and have the common purpose of preserving these values by limiting the uses of the Property. This instrument is intended, to convey a development rights easement on the Property by Grantors to Grantee, exclusively for the purpose of preserving its character and its environmental, natural, scenic, agricultural, and aesthetic values in perpetuity by preventing the use or development of the Property for any purpose or in any manner contrary to the provisions hereof, in furtherance of federal, New York State and local conservation policies. 0.04 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 of 1986, as amended, (`"IRC") and other federal statutes. 0.05 Baseline Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the Purpose of this Easement as set forth in Section ,0.03 above. In order to aid in identifying and documenting the present condition of the Property's environmental, natural, scenic, agricultural, and aesthetic resources and otherwise to aid in identifying and documenting such values as of the date hereof, to assist Grantors and Grantee with monitoring the uses and activities on the Property and ensuring compliance with the terms hereof, 3 Grantee has prepared, with Grantors' cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). _ This Baseline Documentation includes, but need not be limited to, a survey prepared by Lathan Taft Corwin, III, Land Surveyor, dated February 10, 2016 and last revised March 3, 2016, and a Phase 1 Environmental Site Assessment dated January 26, 2016 by Cashin Associates, P.C. Grantors and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantors' uses of the Property or its physical condition as of the date hereof, the parties shall not be foreclosed from utilizing any other relevant or material documents, surveys, reports, photographs or other evidence to assist in the resolution of the controversy. 0.06 Recitation In consideration of the previously recited facts, mutual promises, undertakings, and forbearances contained in this Development Rights Easement, the parties ,agree upon its provisions, intending to be bound by it. ARTICLE ONE THE EASEMENT 1.01 Type This instrument conveys a development rights easement (herein called the "Easement"). This Easement shall consist of 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 Property for uses or purposes consistent with the terms of this Easement, including agricultural production as presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or Code) now, or as said Chapters may be amended, and including the .o production of crops, livestock and livestock products as defined in §301(2)(x) -(j) of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), now, or as said §301(2)(x) -(j) may be amended, provided said amended provisions are inherently similar in nature M to those crops, livestock and livestock products included as of the date of this Easement. No future restrictions in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. "Improvement" shall mean any addition to raw land, such as structures, fences, wells or drainage. "Lawn" shall mean an area of land on which grasses or other durable plants .are grown and maintained at a short height and principally used for aesthetic or other purposes. Land that is in Agricultural Production, including land in a fallow or otherwise idle manner, is not "Lawn." "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. For purposes of this Easement, a' structure shall not include trellis, posts and 9, wirin farm irrigation systems, nursery mats, or fencing necessary for agricultural operations or to mark the boundaries of the Property, including without limitation fencing to keep out predator animals, including deer. Approvals for those items listed in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and shall run with the Property in perpetuity. 1.04 Effect This Easement shall run with the Property as an incorporeal interest in the Property, and shall extend to and be binding upon Grantors, Grantors' agents, tenants, occupants, heirs, personal representatives, successors and assigns, and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantors" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantors and/or Grantee shall also be deemed granted to each and every one " of its subsequent agents, successors, and assigns, and the word ,Grantors and/or Granteewhen used herein shall include all of those persons or entities. 6z ARTICLE TWO SALE GRANTORS, for NINE HUNDRED THIRTY ONE THOUSAND THREE HUNDRED SEVENTY AND 00/100 DOLLARS ($931,370.00) and such other good and valuable consideration, hereby grants, releases, and conveys to Grantee this Easement, in perpetuity, together with all rights to enforce it. Grantee hereby accepts this Easements in perpetuity, and undertakes to enforce it against Grantors. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: 3.01 Structures No structures may be erected or,constructed on the Property except as permitted by the Southold Town Land Preservation Committee ("Land Preservation Committee") and subject .to all other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 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. ! i The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography oflthe Property be changed, except in connection with sound agricultural practices, all of which shall require the prior written consent of Grantee, including but not limited to from the Land Preservation Committee. 0 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §265, §276, §277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantors may, subject to approval by the Planning Board of the Town of Southold and as otherwise required !by applicable law, subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved land used for agricultural purposes and subject to a development rights easement or other conservation ,instrument. 3.04 Dumping The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, ashes or chemical waste on the Property shall be prohibited. This prohibition shall exclude materials used in the normal course of sound agricultural practices on the Property, including fertilization, composting and crop removal. 3.05 Signs The display of signs, billboards, or advertisements shall be prohibited, except signs whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon; (b) to temporarily advertise the Property or any portion thereof for sale or rent; (c) to post the Property to control unauthorized entry or use; (d) to aid visitors in interpreting the natural features and/or wildlife on the Property; or (ep by Grantee, with the prior written consent of the Grantors, to announce this Easement. Signs are subject to regulatory requirements of the Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities") on the Property shall be prohibited, except for utilities to service structures approved pursuant to §4.06 and subject to the prior written consent of the Grantee. 7 Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding . academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(x) -(j) of the Agriculture and Markets Law, now or as said §301(2)(x) -(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 and protected by a development rights easement or other instrument, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural prod uction'shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motocross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. 3.08 Soil and Water Any use or activity that causes or is likely to cause soil degradation or erosion or pollution of any surface or subsurface waters shall be prohibited. This prohibition shall not be construed as extending to agricultural operations and practices (including, without limitation, the use of agrochemicals such as fertilizers, pesticides, herbicides, and fungicides) that are used in accordance with sound agricultural management practices of the Natural Resources Conservation Service ("NRCS"). 3.09 Drainage The use of the Property for a leaching or sewage disposal field shall be prohibited. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural practices and in order to control flooding or soil erosion on the Property. E:? 3.10 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantors hereby grant to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the Property) on the Property, except for the right to construct, maintain and replace any pre-existing structures, and to construct new structures, as such rights may be provided herein, 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. 3.11 Landscaping Activities Landscaping activities shall be conducted in accordance with Section 4.04 below. Under no ,circumstances shall the Grantors establish or maintain a Lawn on the Property. ARTICLE FOUR GRANTORS' RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantors shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 4.02 Possession Grantors shall continue to have the right to exclusive possession of the Property. 4.03 Use Grantors shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantors shall have the right to use the Property for uses, improvements and activities permitted by the Town Code, now or in the future, on agricultural lands protected by a development rights easement or other instrument, and for educational or training programs related to agricultural production or activities. E `4 04 Cutting of Timber; Landscaping The cutting, pruning or removal of trees, shrubs, or other vegetation on or from the Property is prohibited, except for the following purposes: (a) to clear and/or restore, any tree, shrub, or other vegetation that is dead, damaged, diseased, destroyed or non-native and invasive; (b) to prune and/or selectively thin trees to create limited vistas and/or for grounds maintenance; (c) to manage and/or improve the significant relatively natural habitat on the Property, including by removal of invasive species; (d) as reasonably necessary for the conduct of those uses and activities expressly permitted by this Easement, including but not limited to constructing and maintaining those structures, expressly permitted by this Easement; (e) to clear the Property for agricultural production if, after the effective date, as further described in the Baseline Documentation, the Property has Iain fallow and was allowed to become wooded; (f) for the purpose of continuing the modes of landscaping exercised on the Property prior to and as of the Effective Date of this Easement as further described in the Baseline Documentation; and (g) to remove any hazard or other legal liability to persons, personal or real property, or the Property and/or to persons or personal or real property of neighboring properties; provided, however, that any such activity shall require Grantee's prior written approval pursuant to Article Five below and must be conducted in accordance with generally accepted best habitat conservation and forest management practices and the Purpose of this Easement. 4.05 Agricultural Production and Activities Grantors shall have the right to engage in all types of agricultural production as presently referenced in §247 of the General Municipal Law and/or defined in Chapter 185 and/or Chapter 70 of the Town Code, now, or as they may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(x) -(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. Grantors may offer `'U -Pick" operations and/or the use of a corn maze to the general public, provided that such activities are conducted in conjunction with seasonal harvests, do not interfere with agricultural production and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code or any successor chapter, structures shall be prohibited 10 except as set forth in §4.06 herein and as permitted by the Town Code now or in the future on lands protected by a development rights easement or other conservation instrument. 4.06 Structures A. Allowable Improvements. Grantors shall have the right to erect and maintain the following improvements on the Property, as may be permitted by the Town Code and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely to service the permitted structures, improvements and uses on the Property; Right of way along the easterly side of the Property, used to access existing residential lots to the north. New construction, provided such structures are necessary for or accessory to agricultural production; (iv) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure is consistent with this Easement; S. Conditions. To the extent practical, any permitted improvements shall be sited so as to avoid material impairment to 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 Purpose intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantors 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 11 improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantors shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantors shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantors shall promptly notify Grantee of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, and the individual principals thereof, under,any such conveyance. The instrument of any such conveyance shall specifically set forth that the interest thereby conveyed is subject to this Easement, without modification or amendment of the terms of this Easement, and shall incorporate this Easement by reference, specifically setting for the date, office, liber and page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantors from further restricting the use, improvements or structures on the Property, including but not limited to imposing a conservation easement on the Property as that term is defined under the New York State Environmental Conservation Law, §49.0301, et seq., and/or IRC §170(h). 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. 12 ARTICLE FIVE GRANTORS' OBLIGATIONS 5.01 Taxes and Assessments Grantors shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, subject, however, to Grantors' right to grieve or contest such assessment. The failure of Grantors to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, arising from injury due to the physical maintenance or condition of the Property caused by Grantors' actions or inactions, unless such injury is caused solely by Grantee's acts, and from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantors' obligations. 5.03 Third Party Claims Grantors shall indemnify and hold Grantee harmless for any liability, costs, attorneys' fees, judgments, or expenses, charges or liens to Grantee or any of its officers, employees, agents or independent contractors, all of which shall be reasonable in amount, resulting: (a) from injury to persons or damages to property arising from any activity on the Property; and (b) from actions or claims of any nature by third parties arising out of the entering into or exercise of rights under this Easement, excepting any of those matters arising `solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior notice to Grantors, and in a manner that will not interfere with Grantors' quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its Purpose and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 5.04 and 6.03, or to permit access upon the Property by the public. 6.02 Restoration In addition to Grantee's remedies under Section 5.04, Grantee shall have the right to require the Grantors to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantors shall not be liable for any changes to the Property resulting from causes beyond the Grantors' control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantors under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property or crops, livestock or livestock products resulting from such causes. 6.03 Enforcement Rights of Grantee Grantors acknowledge and agree 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 Grantors' part to be observed or performed pursuant to this Easement is not cured by Grantors within thirty (30) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantors with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and protect any of the agricultural values or otherwise to further the Purpose of this Easement), Grantee shall have the right at Grantors' 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, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (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 Purpose 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. Grantors shall pay either directly or by reimbursement to Grantee, all reasonable attorneys' fees, court costs and other expenses incurred by Grantee (herein called ""Legal Expenses") in connection with any proceedings under this Section, as approved by the Court, in which Grantee prevails. The cure period in this Section 6.03 may be extended for a reasonable time by Grantee if such restoration cannot reasonably be accomplished within thirty (30) days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or by certified U.S. mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantors shall, be addressed to Grantors' address as recited herein, or to such other address as Grantors may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantors and Grantee, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed to such an extent that it becomes impossible to fulfill the Purpose of this Easement described in Section 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. If at any time the Property or any portion thereof shall be taken or condemned by eminent domain, by Grantee or by any other governmental entity, then this Easement shall terminate with respect to the Property, or portions thereof so taken or condemned, and the Property shall not be subject to the limitations and restrictions of this Easement. If the condemnation is undertaken by Grantee, Grantors shall be entitled to the value of the Property reflective of the limitations of this Easement, and any condemnation award payable to Grantors shall be in proportion to the value attributable to the residual restricted value of the Property. If the condemnation is undertaken by an entity other than Grantee, then Grantors' award shall reflect the unencumbered condition of the Property as if the Property were not subject to the restrictions contained herein; however, a portion of such condemnation award shall be payable to Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVER! MISCELLANEOUS 7.01 Entire Understandinc This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties concerning its subject matter shall be merged into this Easement and superseded by it. 16 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantors and in accordance with any applicable State and local laws. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Town Code and any regulations promulgated hereunder and with the Purpose of this Easement, and shall be duly recorded. 7.03 Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 70 of the Town Code or any successor chapter and other applicable laws, upon the adoption of a local law authorizing the'alienation of said rights and interest, following a public hearing and, thereafter, ratified by a mandatory referendum by the electors of the Town of Southold. No subsequent amendment of the provisions of the Town Code shall alter the limitations placed upon the alienation of those property rights or interests which were acquired by the Town prior to any such amendment. In addition to the limitations set forth above, Grantee shall have the right to transfer all or part of this Easement to any public agency, or private non-governmental organization, that at the time of transfer is a qualified organization" under §170(h) of the Internal Revenue Code, provided that the transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantors or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency or qualified organization that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability Any provision of this Easement restricting Grantors' 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. 17 '7.05 Governing Law New York law applicable to deeds to and easements on land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the Purpose of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its Purpose. 7.07 Public Access Nothing contained in this Easement grants, nor shall it be interpreted to grant, to the public, any right to enter upon the Property, or to use images of the Property. Grantee may use images of the Property only for non-commercial reporting of this Easement. 7.08 Warranties The warrcinties 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 Acknowledgment of Charitable Contribution The parties recognize that Grantor intends to make a charitable contribution in connection with this Grant of Development Rights Easement. IN WITNESS WHEREOF, Grantors have executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACK WLED(GED AND ACCEPTED: Jo . Biggan , Gran or b Margaret G. Biggane, Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor STATE OF NEW YORK) COUNTY OF SUFFOLK), SS. On the day of March in the year 2016 before me, the undersigned, personally appeared John C. Biggane, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. AZ-. '", Signatur%fce of individual taking acknowledgement PATRICIA L. FALLOW Notary Public, State Of Ne-wYork ! No. OI FA4950146 Qualified in Suffolk Country 19 Cos MIS01®n ✓ XPIFO App ?Ao STATE OF NEW YORK) COUNTY OF SUFFOLK), SS: On the day of March in the year 2016 before me, the undersigned, personally appeared Margaret G Siggane, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. A&W-2,� t 1, Signatur%ice of individual taking acknowledgement STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: PATRICIA L. FAQ LON Notary Public, State Of itS®u York No. 01 FA4950146 Qualified In Suffolk Cou Cosi ml lan Oplrt�s 6�p k 1,611 On this X a.day of March in the year 2016 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to 'be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Sign tur%fce of individual taking acknowledgement LAUREm Ofd. S TANNISH Notgry Public, SWO of NOw'yc� N®. 01ST6964009 (nualified in Suff®Its COufi%/ Commission E*ims Ages@ 9, 2049 20 Fidelity National Title Insurance CompanY ui e 1 Policy No: NY-FRVH-SAM-2730632-1-16-100488 Title No.: F16-7404-100488-SUFF SCHEDULE A-1 Description Amended 03/17/2016 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set in the northwesterly side of Oregon Road distant 525 feet more or less southwesterly as measured along the northwesterly side of Oregon Road from the intersection of the northwesterly side of Oregon Road with the southwesterly side of Duck Pond Road and said point or place of beginning being the intersection of the southwesterly corner of land now or formerly of Duck Pond Road Associates, LLC and from said point of beginning; RUNNING THENCE along the northwesterly side of Oregon Road South 53 degrees 31 minutes 10 seconds West, 70.33 Feet; THENCE along land now or formerly of Domaleski the following three (3) courses and distances: 1) Northeasterly along the arc of a curve bearing to the left having a radius of 20.00 feet, a length of 31.73 feet; 2) North 37 degrees 22 minutes 40 seconds West, 342.91 feet; 3) South 52 degrees 53 minutes 50 seconds West, 295.09 feet to land now or formerly of Marie Sara Garvey Thompson; THENCE along said land North 37 degrees 06 minutes 10 seconds West, 2608.73 feet; THENCE North 74 degrees 35 minutes 22 seconds East, 288.38 feet; THENCE North 37 degrees 33 minutes 40 seconds West, 27.00 feet; THENCE North 74 degrees 35 minutes 22 seconds East, 26.99 feet; THENCE along map and land now or formerly of Duck Pond Road Associates, LLC and along the easterly side of a 25 foot right of way South 37 degrees 33 minutes 40 seconds East, 267.55 feet and South 37 degrees 52 minutes 10 seconds East, 1876.23 feet; THENCE South 42 degrees 29 minutes 20 seconds East, 260.73 feet; THENCE South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the northwesterly side of Oregon Road, the point 'or place of BEGINNING. Schedule A -I (Description) Owner's Policy Page 2 Rev. (02/04) Fidelity National Title Insurance Company NY-FRVii-SAM-2730632-1-16-100488 AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (6/17/06) With New York Coverage Endorsement Appended Issued by Fidelity National Title, Insurance Company Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to lite Company at lite address shown in Section 18 oftite Conditions COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a California 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 L 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; (it) failure of any person or Entity to have authorized a transfer or conveyance; Ilii) a document affecting Title not properly created, executed, witnessed sealed, acknowledged, notarized, or delivered; (iv) failure to perform those acts necessaryio create a document by electronic means authorized by lav; (v) a document executed under afalsified, 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 defeclive 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 encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable Title. 4. No right of access to and from the Land. S. 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 ofany 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 S if a notice of the enforcement action, describing any part of the Land, is recorded in the Public Records, but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise, describing any part of the Land, is recorded in the Public Records. 8. Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. 9. Title being vested other than as stated Schedule A or being defective (a) as a result of the avoidance in whole or in part, or front a court order providing an alternative remedy, of a transfer of all or any parr 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 tinder federal bankruptcy, slate insolvency, or similar creditors' rights tows; 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 rhe 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 I through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent ra Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records than vests 771le as'shown in Schedule A. The Company will also pay the costs, ottornevs' fees, and expenses incurred in defense of any mailer insured against by this Policy, but only to the extent provided in the Conditions. IN WTA'ESS tYHEREOF, FIDELI77' NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National ^Title Insurance Company By ' SEAL Proeidem ATTEST C011nLCfSignCd: - Soerm �Y -Authorizcd Signatory 2730632 (5107) ALTA Owner's Policy (6117106) w1New York coverage Endorsement Appended M. , Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-16-100488 Title No.: F16-7404-100488-SUFF SCHEDULE A Amount of Insurance: $931,370.00 Date of Policy: March 29, 2016 at 9:00 AM 1. Name of Insured: Town of Southold 2. The estate or interest in the land which is covered by this policy is: Development Rights Easement 3. Title to the estate or interest in the land is vested in: Town of Southold Deed made by John C. Biggane and Margaret G. Biggane, his wife dated March 29, 2016 to be recorded in the Suffolk County Clerk's Office. 4. The land referred to in this policy is described as follows: See Schedule A-1 (Description), following. Schedule A Owner's Policy Page 1 Rev. (02/04) 1% = Fidelity National Title Insurance Company nl a u Policv No_ NY-FRVH-SAM-2730632-1-16-100488 Title'No.: F16-7404-100488-SUFF SCHEDULE A-1 Description Amended 03/17/2016 ALL that certain plot, piece or parcel of land, situate, lying and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: BEGINNING at a monument set in the northwesterly side of Oregon Road distant 525 feet more or less southwesterly as measured along the northwesterly side of Oregon Road from the intersection of the northwesterly side of Oregon Road with the southwesterly side of Duck Pond Road and said point or place of beginning being the intersection of the southwesterly corner of�land now or formerly of Duck Pond Road Associates, LLC and from said point of beginning; RUNNING THENCE along the northwesterly side of Oregon Road South 53 degrees 31 minutes 10 seconds West, 70.33 feet; THENCE along land now or formerly of Domaleski the following three (3) courses and distances: 1) Northeasterly along the arc of a curve bearing to the left having a radius of 20.00 feet, a length of 31.73 feet; 2) North 37 degrees 22 minutes 40 seconds West, 342.91 feet; 3) South 52 degrees 53 minutes 50 seconds West, 295.09 feet to land now or formerly of Marie Sara Garvey Thompson; THENCE along said land North 37 degrees 06 minutes 10 seconds West, 2608.73 feet; THENCE North 74 degrees 35 minutes 22 seconds East, 288.38 feet; THENCE North 37 degrees 33 minutes 40 seconds West, 27.00 feet; THENCE North 74 degrees 35 minutes 22 seconds East, 26.99 feet; THENCE along map and land now or formerly of Duck Pond Road Associates, LLC and along the easterly side of a 25 foot right of way South 37 degrees 33 minutes 40 seconds East, 267.55 feet and South 37 degrees 52 minutes 10 seconds East, 1876.23 feet; THENCE South 42 degrees 29 minutes 20 seconds East, 260.73 feet; THENCE South 37 degrees 22 minutes 40 seconds East, 479.75 feet to the northwesterly side of Oregon Road, the point or place of BEGINNING. Schedule A-1(Description) Owner's Policy Page 2 Rev (02/04) = Fidelity National Title Insurance Company u,ls W Policy Number: NY-FRVH-SAM-2730632-1-16-100488 Title No.: F16-7404-100488-SUFF SCHEDULE B -PART I Exceptions from Coverage This policy does not insure against loss or damage (and the Company will not pay costs, attorney's fees or expenses) which arise by reason of: 1. Declaration of Covenants & Restrictions in Liber 10639 cp 30. 2. Company excepts sewer charges that have not been specifically included on the tax report herein. 3. Survey made by Nathan Taft Corwin III dated 02/10/16 shows vacant land; cultivated farm field; oil and stone roadway running northerly from Oregon Road thru premises to adjoining on the North area to be transferred to adjacent parcels; fence at variations with part of easterly line. No encroachments. 4. Policy excepts easement rights of others than the insured in, to and over the oil and stone roadway crossing premise herein. 5. 2015/2016 Second Half Town/School Tax not yet due. Schedule B Rev. (02/04) Owner's Policy Page 3 Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) 1. The following is added as a Covered Risk: "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: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. THIS ENDORSEMENT is issued as 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. Fidelity National Title Insurance Company ane BY PretkeM R)WI SEAL ATTEST Seerotery STANDARD NEW YORK ENDORSEMENT (7-01-12) FOR USE WITH ALTA LOAN POLICY (6-17-06) ` EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of I. (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; (it) 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 I (b) does not modify or limit the coverage provided under Covered Risk 6 2. Rights of eminent domain This Exclusion does not modify or limit the coverage provided under Covered Risk 7 or 8 3. Defects, (tens, 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 Elie 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 (c) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights latus, 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. 5. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the dale of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. CONDITIONS 1. DEFINITION OF TERMS is a contractual condition requiring the delivery of marketable title. The following terms when used in this policy mean: 2. CONTINUATION OF INSURANCE (a) "Amount of Insurance": The amount stated in Schedule A. as may be The coverage of this policy shall continue in force as of Date of Policy in increased or decreased by endorsement to this policy, increased by Section favor of an Insured, but only so long as the Insured retains an estate or interest 8(b), or decreased by Sections 10 and I I of these Conditions. in the Land, or holds an obligation secured by a purchase money Mortgage (b) "Date of Policy": The date designated as 'Date of Policy" in Schedule given by a purchaser from the Insured, or only so long as the Insured shall A have liability by reason of warranties in any transfer or conveyance of lite (c) "Entity": A corporation, partnership, trust, limited liability company, Title. This policy shall not continue in force in favor of any purchaser from or other similar legal entity. the Insured of either (i) an estate or interest in the Land, or (ii) an obligation (d) "Insured": The Insured named in Schedule A. secured by a purchase money Mortgage given to the Insured. (i) The term "Insured" also includes 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT (A) successors to the Title of the Insured by operation of law as The Insured shall notify the Company promptly in writing (i) in case of distinguished from purchase, including heirs, devisees, survivors, personal any litigation as set forth in Section 5(a) of these Conditions, (ii) in case representatives, or next of kin; Knowledge shall come to an Insured hereunder of any claim of title or interest (B) successors to an Insured by dissolution, merger, that is adverse to the Title, as insured, and that might cause loss or damage for consolidation, distribution, or reorganization; which the Company may be liable by virtue of this policy, or (iii) if the Title, (C) successors to an insured by its conversion to another kind of as insured, is rejected as Unmarketable Title. If the Company is prejudiced by p ,.i...• the failure of the Insured Claimant to provide prompt notice, the Company's (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 nue both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the Insured named in Schedule A for estate planning purposes. (ii) Willi 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. (Q "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 casement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but Anis 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. 6) "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 2730632 (5107) liability to the Insured Claimant under the policy shall be reaucea to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, Ane basis of calculating the amount of the loss or damage. 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to only those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to die options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Title, as insured, or to prevent or reduce loss or damage to Ate Insured The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver orally provision of this policy If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the right, to its sole discretion, to appeal from any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE ALTA Owner's Policy (6117106) w1New York coverage Endorsement Appended (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose_ Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses. prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any outer lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured If the Company is prejudiced by the failure of the Insured to fumish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspection, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including, books, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required in this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (t) To pay or otherwise settle with other parties for or in the name of an Insured Claimant any claim insured against under this policy. In addition, the Company will pay any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To pay or otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' Ices, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(i) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. S. 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 (ti) 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. 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 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 Iltat 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 2730632 (5/07) ALTA Owner's Policy (6/17/06) w/New York coverage Endorsement Appended 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 therefor 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 terns of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (b) Choice of Forum- Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction 18. NOTICES, WIIERE SEDT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company, Attn: Claims Department, P. O. Box 45023, Jacksonville, Florida 32232-5023. 2730632 (5/07) ALTA Owner's Policy (6/17/06) w/New York coverage Endorsement Appended N Y S D E C R E G I S T R Y DIVISION OF LANDS AND FORESTS New York State Department of Environmental Conservation 625 Broadway, 5th Floor, Albany, NY 12233=4250 P, (518) 402-9405 1 F. (518) 402-9028 ! landsforests.,adec ny gov www.dec nygov June 23, 2016 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, IVY 11971-0959 Dear Ms. Spiro, We have received in our office the following conservation easement: CE Suffolk 625 Grantor: John C. and Margaret G. Biggane Deed: D00012860 Page 133 Filed: 4/11/2016 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. Very truly yours, Zcv . Stock Real Estate Specialist 2 Bureau of Real Property NEW YORK I Department of s1. r or�RTUH�n Environmental Conservation G°) 1�Z E V�fl JUN 2 8 2016 DEPT. OF LAND ^RFCt"RUATli i v MELISSA A. SPIRO LAND PRESERVATION COORDINATOR � melissa.spiro@town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 June 29, 2016 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 John C. & Margaret G. Biggane 168 Euston Road Garden City, NY 11530 Re: NYSDEC Conservation Easements Registry CE: Suffolk 625 SCTM #1000-95.4-11.2 Dear Mr. & Mrs. Biggane: MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 Please be advised that the Town's purchase of a development rights easement on a part of your parcel referenced above 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. You will very likely need to provide this control number to the Department of Taxation and Finance if you are eligible to claim a tax credit for the sale of the easement to the Town of Southold. ery truly yours, i Melanie Dor6 Sr. Administrative Assistant enclosure r MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiroCtown.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 *rif sorry® � O CIA COUNTY,� 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 electronic mail mary.grose@dee.ny.gov April 18, 2016 NYSDEC Bureau of Real Property 625 Broadway, 5' Floor Albany, NY 12233-4256 Attention: Mary B. Grose Real Estate Specialist 1 Re: Conservation Easements Registry BIGGANE 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: GRANTEE: SUFFOLK CO RECORDING DATE: LIBER: PAGE: LOCATION: EASEMENT ACREAGE: SUFFOLK CO TAX MAP #: John C. Biggane & Margaret G. Biggane Town of Southold 4/11/2016 D00012860 133 8865 Oregon Road, Cutchogue 18.592 acres part of 1000-095.00-01.00-011.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, 04 Melissa Spiro Land Preservation Coordinator enc. cc: John C. & Margaret G. Biggane 168 Euston Road Garden City, NY 11530 e P R O P E R T Y R E C O R D S JOHN C. BIGGANE and MARGARET G. BIGGANE to TOWN OF SOUTHOLD part of SCTM #1000-95.-1-11.2 Total Development Rights Easement - 18.592 acres Total Parcel Acreage - 19.726 acres (before lot line modification) 25' Wide Right of Way Acreage - 1.658 acres Premises: 8865 Oregon Road, Cutchogue Closing took place on Tuesday, March 29, 2016 at 10:00 a.m., Southold Town Hall Annex 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 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: March 29, 2016 Re: BIGGANE to TOWN OF SOUTHOLD Part of SCTM #1000-95.-1-11.2 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: 8865 Oregon Road, Cutchogue SCTM #: part of 1000-95.-1-11.2 PROPERTY OWNER: John C. Biggane and Margaret G. Biggane CONTRACT DATE: January 20, 2016 PURCHASE DATE: Closing took place on March 29, 2016 PURCHASE PRICE: $ 931,370.00 based on 16.934 buildable acres (Bargain Sale @ $55,000/acre) EASEMENT ACREAGE: 18.592 acres (includes 1.658 acre right-of-way) TOTAL PARCEL ACREAGE: 19.726 acres (before Planning Board approved lot line modification) RIGHT-OF-WAY ACREAGE: 1.658 acre (not included in purchase price calculation) ZONING: Agricultural -Conservation (A -C) Zoning District FUNDING: Community Preservation Fund (2%) MISCELLANEOUS: On 3/7/2016, Planning Board granted Final Approval with Conditions for a proposed lot line change to transfer 1.2 acres from SCTM #1000-95.-1-11.2 to SCTM #1000-83.-1-33 & 34. Lot 11.2 will decrease from 19.7± acres to 18.5± acres. The resulting 18.5± acre property is now subject to the Town's development rights easement. L O T 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: Donald J. Wilcenski, Chairman Southold Town Planning Board From: Melanie Doroski Sr. Administrative Assistant Date: April 22, 2016 Re: BIGGANE — Lot Line Modification SCTM #1000-83.-1-33, 34 & 1000-95.-1-11.2 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 In fulfillment of the condition set forth in paragraph "c" of Planning Board Resolution adopted March 7, 2016 granting Final Approval with Conditions pertaining to the Biggane Lot Line Modification, attached you will find a copy of the recorded Grant of Development Rights Easement dated March 29, 2016, as recorded in the Office of the Suffolk County Clerk on April 11, 2016 in Liber D00012860, at Page 133. cc: Jack Biggane w/o attachment OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY March 8, 2016 Mr. Jack C. Biggane 168 Euston Road Garden City, NY 11530 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Final Approval with Conditions - Proposed Lot Line Modification for Biggane and Yenicay Located at 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525',west of Duck Pond Road, in Cutchogue SCTM#1000-83-1-33, 83 & 1000-95-1-11.2 Zoning District: R -801A -C Dear Mr. Biggane: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, March 7, 2016: WHEREAS, this proposed, Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1- 11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 & A -C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM#1000-95-1- 11.2; and WHEREAS, on November 2, 2015, a Lot Line Modification Application was submitted; and WHEREAS, the Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the Sale of Development Rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board will not approve the application until the Development Rights have been preserved though an easement that is held by Southold Town; and WHEREAS, on November 16, 2015, at their Work Session, the Planning Board reviewed the application and found it complete. The Board also agreed that a Covenant and Restriction be placed on Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34) stating no further subdivision; and, MAILING ADDRESS: �q soy y P.O. Box 1179 Southold, NY 11971 Telephone: 631765-1938 www.southoldtownny. gov 04UN11 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Re: Final Approval with Conditions - Proposed Lot Line Modification for Biggane and Yenicay Located at 8865, 8869 and 8871 Oregon Road, on the north side of Oregon Road, approximately 525',west of Duck Pond Road, in Cutchogue SCTM#1000-83-1-33, 83 & 1000-95-1-11.2 Zoning District: R -801A -C Dear Mr. Biggane: The Southold Town Planning Board adopted the following resolutions at a meeting held on Monday, March 7, 2016: WHEREAS, this proposed, Lot Line Change will transfer 1.2 acres from SCTM#1000-95-1- 11.2 to SCTM#1000-83-1-33 & 34. Lot 11.2 will decrease from 19.7 acres to 18.5 acres. Lot 33 will increase from 1.9 acres to 2.5 acres, and Lot 34 will increase from 2.1 acres to 2.6 acres located in the R-80 & A -C Zoning Districts. This project includes the proposed Sale of Development Rights to the Town of Southold upon 18.59 acres located on SCTM#1000-95-1- 11.2; and WHEREAS, on November 2, 2015, a Lot Line Modification Application was submitted; and WHEREAS, the Planning Board has reviewed this project with the knowledge that the application includes rectifying the encroachment of two existing driveways on Parcel 3, before the Sale of Development Rights to the Town can take place. Based upon this comprehensive review and basis for the application, the Planning Board will not approve the application until the Development Rights have been preserved though an easement that is held by Southold Town; and WHEREAS, on November 16, 2015, at their Work Session, the Planning Board reviewed the application and found it complete. The Board also agreed that a Covenant and Restriction be placed on Parcels 1 and 2 (SCTM#s1000-83-1-33 & 34) stating no further subdivision; and, Biggane and Yenicay [2] March 8, 2016 WHEREAS, on January 11, 2016, the Planning Board held and kept open the public hearing until the February 22, 2016 public meeting due to a noticing error; and WHEREAS, on February 22, 2016, the Planning Board reviewed the application at their Work Session and the Board has agreed to reduce the area of the flag on the east side of Parcel 2 by approximately 750 square feet. This would allow both Parcel 1 and Parcel 2 to have direct access to the approved 25 foot wide right-of-way, and eliminating the need for an Access Agreement; and WHEREAS, on February 22, 2016, at the Public Meeting, the Planning Board held and closed the Public Hearing; and WHEREAS, on March 1, 2016, the agent submitted revised plans showing the reduced flag area as well as revised metes and bounds; and WHEREAS, the Southold Town Planning Board, pursuant to Town Code §240-56, Waivers of Certain Provisions, may waive certain elements of the subdivision review if in its judgment they are not requisite in the interest of the public health, safety and general welfare. After reviewing the information submitted for this application, the Planning Board has determined that it is eligible for a waiver of the Environmental Resources Site Analysis Plan (ERSAP), the Primary and Secondary Conservation Area Plan, the Public Hearing, and the Sketch Plat and Preliminary Plat steps of the subdivision process for the following reasons: 1. No new lots are being, created; 2. No changes will occur as a result of this Lot Line Change that would adversely affect the character of the neighborhood; and WHEREAS, the Planning Board performed an uncoordinated review of this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA); and WHEREAS, pursuant to the Lot Line Modification Policy set by the Planning Board in February 2011, this application is eligible for a decision from the Planning Board prior to receiving approval by the Suffolk County Department of Health Services (SCDHS) as it meets the following criterion set forth in that policy: • where no new development potential will be created in the parcel to which the land is transferred; and WHEREAS, on March 7, 2016, at their Work Session, the Planning Board determined that the proposed action meets all the necessary requirements of Town Code §240-57 for a Lot Line Modification; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to SEQRA, hereby makes a determination of non -significance for the proposed Lot Line Modification and grants a Negative Declaration; and be it further Bi ane and Yenica [3] March 8, 2016 RESOLVED, that the Southold Town Planning Board hereby waives the requirements of Town Code §240 to submit the ERSAP, Primary and Secondary Conservation Plans, Sketch Plat and Preliminary Plat steps; and be it further RESOLVED, that the Southold Town Planning Board hereby waives the 'requirement for SCDHS approval prior to Planning Board approval of this Lot Line Modification; and be it further RESOLVED, that the Southold Town Planning Board grants Final Approval with Conditions on the maps entitled "Lot Line Modification Map situated Cutchogue", prepared by Nathan Taft Corwin II, Land Surveyor, dated August 25, 2015 and last revised February 10, 2016, with the following conditions: a. File with the Office of the Suffolk County Clerk the approved Covenants and Restrictions stating no further subdivision of Parcels 1 and 2 (SCTM#s1000- 83-1-33 & 34). Failure to file the Covenants and Restrictions will result in the Planning Board's approval of the re -subdivision being null and void. b. Submit a'copy of the recorded deed showing the change in lot lines to the Southold Town Planning Department within 62 days of the date of Final Approval, or such approval shall expire and be null and void. c. Submit a copy of the recorded Deed, Deed of Development Rights, or Conservation Easement providing evidence that the required amount of open space has been protected from future development and shall be submitted to the Town ;of Southold Planning Department within six (6) months from the date of Final Approval. Failure to do so will result in the Planning Board's approval of the re -subdivision being null and void. Upon fulfilment of the above conditions, Final Approval shall be granted and the Planning Board Chairman is authorized to endorse the map. Please Note: The Southold Town Planning Board, in waiving the requirement for SCDHS approval prior to their own approval, is simply waiving a technical requirement of Final Plat Approval under the Town Code and makes no representations as to whether SCDHS approval is required. SCDHS approval of this Lot Line Change may be necessary to be in compliance with the Suffolk County Sanitary Code and to be eligible for future construction or renovations. If you have any questions regarding the above, please contact this office. Very truly yours, r Donald J_ Wilcenski Chairman Encl.: Negative Declaration Bigaane and Yenica_y [4] cc: Assessors Melissa Spiro, Land Preservation Coordinator March 8, 2016 I understand that Southold Town Planning Board approval of this Lot Line Modification does not grant, guarantee or waive an approval, if required, from the Suffolk County Department of Health Services (SCDHS). I understand that I will need to apply separately to the SCDHS for any applicable approvals. Signature of Ap ant or Agent f Print Name LONG 'BLAND SOUND M xP)9 )9 M 71 SI JS' C SJ 36 ISt 1 '1 "f LOT LINE MODIFICATION MAP �L SITUATE CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK s1,7f "I, � SC TAX No 1000-95-01-11 2 m.v - x6 S9' 0 1000-83-01-33 ---- I S STS)'0 �;; - — 3es )• STo 1000-83—01-34 SCALE 1-=190- i� Q AUGUST 25, 2015 RSw— 'o 2oio UPDATE W cl fY°f LOT AREA DATA EXISTING PARCELS PROPOSED PARCELS N vumA °f u f3 \ $ t\ \ �k M1ypz y \f Nathan Taft Corwin III -- �= P`'�. w p }Qf Land Surveyor �, ,yJJ EGD� _ o x Is+gn a Inon}r mr '- C] Historical Aerial Photographs 2013 �71 r Historical Aerial Photographs 2007 2010 f . e o/ ration 2010 r Historical Aerial Photographs IM9 LJ Historical Aerial Photographs 2001 s � aim t k... a 2001 Historical Aerial Photographs 8865 Oregon Road mile% 1978 S U R V E Y 4 va \ s I =1 pyo ''Ps sao„ Wi 4'°'FP v n• ��,,,�°p t.'6 tt f .•°� FrINAiL SURVEI OF PROPERTY SITUATE s �'• „.•`' CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK o£ aSURWy toTPr .p, SCALE 1"-100' FEBRUARY 10, 2016016 / Eou.EN,s w<xw T �C RTTAXNoNo AREA 959 TOTAL LOT AREnxv 69270 ae II 9)26 0c DEVELOPMENT RIGHTS EASEMENT AREA = 609 905 ze 11 18 662 ac '3 AREA wNNIN = )2235 ee II OEVELOPMENGTRIGHTS EASEMENT AREA 1 656 ac un `\ \�1 f: o•= 6 c \ 9 2's11 . e— K i} �4r IS O Nathan Taft Corwin 111 "•� _• Land Surveyor A E • I M • 3 Town \ evelopmen Rights Long Island Sound . :.. Town Development' Rights °� o L9 y v T 41 0/O ,dam �h �; �/O Z, I Town `�h� . Development S �; his Rights 9fj� Town Development \ ti Rights County Development Rights 6 I. A County Developmen Ricihts /. Town Open Space 1 OF V