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HomeMy WebLinkAboutDubner (North) C2 3 LT-R .'.G_,5 4Cir 4�t fig: Number of pages o .-, OF TORRENS S,FFn1'1 t, "DWI Serial h Certificate 4 Prior Ctf t( Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 1 FEES Page I Filing Fee Mortgage Amt Handling 5� .1 Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total SpecJAssit Or EA-5217(State) Spec./Add R.P.TS.A. —� ysC��EA TOT MTG TAX Comm of Ed 500 ?�, Y 0 Dual Town Dual County Held for Apportionment Affidavit j 4 Transfer Tax Noi Certified Copy �v',tj�� Mansion Tax _ The property covered by this mortgage is Reg.Copy will be improved by a one or two fan Sub Total dwelling only Other S YES or NO GRAND TOTAL If NO,see appropriate tax clause on pa8 1 of this instrument S Real Property Tax Service Agency Verification 6 Community Preservation Fun Dist. Section Block Lot Consideration Amnount$ Stamp 1000 08400 0100 008001 CPF Tax Due $ R T S Improved Date R KTI A P 1-APR-O Initials Vacant Land_ 7 Satisfactions/Diseliarges/Releases List Property Owners Mailing Address TD RECORD&RETURN TO: TD TD Lisa Clare Kombrink 235 Hampton Road, 2nd Floor Southampton, New York 11968 FtITitle Company Information me S'fl?�lcrf Q t z — — 7 Suffolk Count IF"XIcording & Endorsement Page This page fomis part of the attached Grant of Development Rights Easement _ made (SPECIFY TYPE OF,MS"IRI1MENT) DUBNER The premises herein is situated in SUFFOLK COUNTY,NEW YORK- 10 ORK10 In the"1'ownsiup of 2"(141W TOWN OF SOUTHOLD In the VILLAGE or IIAMLFT of BOXES 5 THRU 9 MUST BE TYPED OR PRIM"i ED IN BLACK INK ONLY PRIOR FO RECORDING OR FILING. (OVE .t 11111111111 llill Illli llfll IIIA VIII Ilill 1lfll IIII IIII I!I I I I I I I I I!(I I I I I!I I SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT/DOP Recorded: 04/27/2005 Number of Pages: 20 At: 03:03:38 PM Receipt Number : 05-0045271 TRANSFER TAX NUMBER: 04-38602 LIBER: DO0012384 PAGE: 373 District: Section: Block: Lot: 1000 084.00 01.00 008.001 EXAMINED AND CHARGED AS FOLLOWS ped Amount: $0.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $60.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $5.00 NO Notation $0.00 NO Cert.Copies $13.00 NO RPT $30.00 NO SCTM $0.00 NO Transfer tax $0.00 NO Comm.Pres $0.00 NO TRANSFER TAX NUMBER: 04-38602 Fees Paid $133.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine pp County Clerk, Suffolk County U D MAY 13 2005 DEPT OF LAND PRESERVATION 1/4/04 North J 1004-84-1-8 DEED OF CONSERVATION EASEMENT Z� THIS CONSERVATION EASEMENT ("Easement") is granted this day of January, 2005, by STEVEN DUBNER. ("Grantor") having an address of 140 Half Hollow Road, Dix Hills, New York 11746 to THE TOWN OF SOUTHOLD ("Grantee"), a New York municipal corporation having an office at 53095 Main Road, P.O. Box 1179, Southold, New York. WHEREAS: A. Grantor is the owner of certain real property (the "Property") consisting of 20.9216 acres, in one parcel located at 24515 County Road 48, Cutchogue, 11935 in the Town of Southold, Suffolk County, New York, SCTM# 1000-84-1-8, more fully described in EXHIBIT A attached hereto and shown on the survey dated February 18, 2004, and last revised 12/3/2004 prepared by Peconic Surveyors; and B. Grantee is a municipal corporation and has the authority pursuant to Section 247 of the General Municipal Law and Article 49, Title 3 of the New York Environmental Conservation Law (the "ECL") to acquire conservation easements. C. The Property consists primarily of productive agricultural land. The Property contains 20.9216 acres of prime soils, and 0 acres of soils of statewide importance as defined by the U.S. Department of Agriculture Natural Resources Conservation Service. D. Article 14, Section 4 of the New York State Constitution states that "the policy of this state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products;" E. In Section 49-0301 of the ECL, the Legislature of the State of New York found and declared that "in order to implement the state policy of conserving, preserving and protecting its environmental assets and natural and man-made resources, the preservation of open spaces, and the preservation, development and improvement of agricultural and forest lands..., is fundamental to the maintenance, enhancement and improvement of...balanced economic growth and the quality of life in all areas of the state;" I of 20 F. The Property is located within Suffolk County's Agricultural District #1, created pursuant to Article 25AA of the New York State Agriculture and Markets Law. In Section 300, it states: "It is hereby found and declared that many of the agricultural lands in New York State are in jeopardy of being lost for any agricultural purposes. When nonagricultural development extends into farm areas, competition for limited resources results...It is therefore the declared policy of the state to conserve, protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products...It is the purpose of this article to provide a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local and state economies and as an economic and environmental resource of major importance;" G. Article 25-AAA, Section 321 of the Agriculture and Markets Law states that "It is hereby found and declared that agricultural lands are irreplaceable state assets. In an ,effort to maintain the economic viability, and the environmental and landscape preservation values associated with agriculture..." the Commissioner is authorized to administer programs to assist counties in developing agricultural and farmland protection plans and to assist both county and municipal governments in the implementation of such plans. The Commissioner gives priority to projects that will preserve viable agricultural land, are located in areas facing significant development pressure and serve as a buffer for a significant natural public resource containing important ecosystem or habitat characteristics; H. The property is located within the Town of Southold, which has adopted the Southold Town Farm and Farmland Protection Strategy, dated January, 2000. The Plan recommends that the Town continue its efforts to preserve land suitable for farming and ensure that farming remains an important part of the local economy. The Plan also recommends that the Town participate in partnership efforts with the Federal, State and County governments and related grant programs in order to use the Town's limited financial resources most effectively. I. Grantor has received independent legal and financial advice regarding this Easement to the extent that Grantor has deemed necessary. Grantor freely signs this Easement in order to accomplish its conservation purposes. NOW, THEREFORE, in consideration of the foregoing, SIX HUNDRED and THREE THOUSAND-SIX HUNDRED and TWENTY ONE Dollars($603,621.00) and the mutual covenants, terms, conditions and restrictions contained herein, 2 of 20 the parties agree as follows: 1. Grant of Conservation Easement Grantor hereby grants and conveys to Grantee, a Conservation Easement (the "Easement"), an immediately vested interest in real property defined by Article 49, Title 3'of the ECL of the nature and character described herein, for the benefit of the general public, which Easement shall run with and bind the Property in perpetuity. Grantor will neither perform, nor knowingly allow others to perform, any act on or affecting the Property that is inconsistent with the covenants contained herein. Grantor authorizes Grantee to enforce these covenants in the manner described below. 2. Purpose It is the primary purpose of this Easement to: a) enable the Property to remain in agricultural or forestry use for current and future production of food and fiber, and livestock and livestock products, by protecting in perpetuity its agricultural and forestry values, use and utility, including its prime, statewide important and unique agricultural soils; and b) prevent any use of the Property that would significantly impair or interfere with its long- term agricultural and forestry viability. It is the secondary purpose of this Easement to conserve and protect the Property's open space resources, and their associated unique and special natural features to the extent that such protection does not conflict with the primary purpose of this Easement. 3. Implementation This Easement shall be implemented by limiting and restricting the development and use of the Property in accordance with its provisions. No use of the property shall occur and no permanent or temporary structures or other buildings or improvements shall hereafter be constructed, placed or maintained on the Property, except as specifically provided herein. The Property remains-subject to all applicable local, state and federal laws and regulations. 4. Definitions As used in this Easement, the terms "Grantor" or "owner" include the original Grantor, its heirs, successors and assigns, all future owners of any legal or equitable interest in all or any portion of the Property, and any party entitled to the possession or use of all or any part thereof; and the term 3 of 20 "Grantee" includes the original Grantee(s) and its[their] successors and assigns. The term "Sound Agricultural Practices" is defined as those practices necessary for on-farm production, preparation and marketing of agricultural commodities, provided such practices are legal, necessary, do not cause bodily harm or property damage off the farm, and achieve the intended results in a reasonable and supportable way. If necessary, to determine if a practice is "sound," Grantee or Grantor may request the New York State Department of Agriculture and Markets to initiate a sound agricultural practice review pursuant to Section 308 of the New York State Agriculture and Markets Law, or any successor statute. The term "Farm Labor Housing" means structures used to house seasonal and/or full-time employees where such residences are provided by the farm landowner and/or operator, the worker is an essential employee of the farm landowner and/or operator employed in the operation of the farm and the farm worker is not a partner or owner of the farm operation. For instance, a mobile or manufactured home used as the primary residence of a farm owner is not farm labor housing. 5. Reserved Rights Retained by Grantor Notwithstanding any provisions of this Easement to the contrary, Grantor reserves all customary rights and privileges of ownership, including the right of exclusive use, possession and enjoyment of the Property, the rights to sell, lease, and devise the Property, as well as any other rights consistent with the Purpose set forth in Section 2 and not specifically prohibited or limited by this Easement. Unless otherwise specified below, nothing in this Easement shall require Grantor to take any action to restore the condition of the Property after any Act of God. Nothing in this Easement relieves Grantor of any obligation with respect to the Property or restriction on the use of the Property imposed by law. 6. Access Nothing contained in this Easement shall give or grant to the public a right to enter upon or to use the Property or any portion thereof where no such right existed in the public immediately prior to the execution of this Easement. 4 of 20 7. Right to Use Property for Rural and Agricultural Uses Grantor has the right to produce crops, livestock and livestock products and conduct farm operations as defined under Section 301 of the New York State Agriculture and Markets Law ("Agriculture and Markets Law"), or such successor law as is later promulgated, which includes but is not limited to the right to establish, reestablish, maintain, and use cultivated fields, orchards, pastures and woodlands. Said farming practices 'shall be carried out in accordance with Sound Agricultural Practices as defined herein. In addition, Grantor has the right to distribute farm products, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 8. Right to Use the Property for Recreational Purposes Grantor retains the right to use the Property for otherwise lawful recreational uses, including, but not limited to, hunting, fishing, cross- country skiing and snowmobiling, subject to the limitations set forth in this Easement, including Section 10 ("Construction of Buildings and Other Improvements"). 9. Maintenance Should the property cease to be used for agricultural purposes for more than three (3) years, the agricultural fields containing prime, statewide important and unique soils will be mowed at least triennially or otherwise maintained in a condition which will prevent growth of woody vegetation that would interfere with future agricultural use or which might result in interference with drainage systems, or in reversion of significant portions of the Property to regulated wetland status. Similarly, during prolonged periods of disuse for agricultural purposes, artificial and natural drainage systems must be maintained in a functional state by the Grantor. If Grantor does not comply with this provision, Grantee shall have the right, but not the obligation, to mow such fields, at Grantee's sole expense, if it so chooses. 10. Construction of Buildings and Other Improvements Grantor may undertake construction, erection, installation, removal or placement of buildings, structures, or other improvement to the Property only as provided in this Easement and set forth below. 10(a) Fences -- Existing fences may be repaired, removed and replaced, P —' 5 of 20 and new fences may be built on the Property for purposes of reasonable and customary management of livestock and wildlife and to prevent trespassing on the Property. 10(b) New Agricultural Structures and Improvements - Without permission of Grantee, Grantor may construct new buildings, structures and impervious improvements including asphalt and concrete roads and parking areas on up to 5% of the Property to be used primarily for purposes related to a "Farm Operation," as defined in New York State Agriculture and Markets Law § 301 or any successor statute and for such other agricultural purposes as (i) the production, storage or sale of farm products or by-products, (ii) the storage of equipment used for agricultural production, (iii) .the keeping of livestock or other animals and (iv) farm labor housing. Such new buildings, structures and impervious improvements shall_ not include those used for the processing and packaging of farm products. Such coverage limitations do not apply to permeable surfaces such as gravel roads and parking areas, structures that protect soil and water resources, such as manure storage areas, and structures and improvements lacking permanent foundations where the land underneath is not covered by impervious surfaces. Permission is required by Grantee for the construction of such buildings, structures and improvements that would cover more than 5% of such area. 10(c) New Farm Labor Housing - Without permission of Grantee, Grantor has the right to construct new dwellings or structures for Farm Labor Housing as defined in Paragraph 4, together with new agricultural structures and improvements permitted in Section 10(c) above, on up to 5% of the property. With advance written permission of the Grantee, pursuant to Section 18 (Permission), Grantor has the right to construct such Farm Labor Housing within the remaining Property. The land on which these structures stand shall not be subdivided. 10(d) Any one or more new recreational improvements proposed for the Property that exceed an aggregate footprint of 400 square feet may be located only with the advance written permission of Grantee. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips, commercial helicopter pads or any other similar recreational improvements that interfere with the Purpose of this Easement, significantly disturb the farm soils, or otherwise adversely affect agricultural and forestry uses on a continuing basis be allowed on the Property. 10(e) Utility Services and Septic Systems -- Wires, lines, pipes, cables 6 of 20 or other facilities providing electrical, gas, water, sewer, communications, or other utility services to the improvements permitted in this Easement may be installed, maintained, repaired, removed, relocated and replaced, and Grantor may grant easements over and under the Property for such purposes. Septic or other underground sanitary systems serving the improvements permitted herein may be installed, maintained, repaired or improved. Services are limited to structures permitted on the Property pursuant to Section 18 ("Permission"). 10(f) Ancillary Improvements - Other improvements, including, but not limited to facilities for the generation and transmission of electrical power for agricultural production uses on the Property, such as windmills and detached solar arrays may be built only with the permission of Grantee, pursuant to Section 18 ("Permission"). 11. Maintenance and Improvement of Water Sources Grantor maintains the right to use, maintain, establish, construct, and improve water sources, water courses and water bodies within the Property for the uses permitted by this Easement, provided that Grantor does not significantly impair or disturb the natural course of the surface water drainage or runoff flowing over the Property. Grantor may alter the natural flow of water over the Property in order to improve drainage of agricultural soils, reduce soil erosion, provide irrigation for the Property or improve the agricultural or forest management potential of the Property, provided such alteration is consistent with Sound Agricultural Practices, the Purpose of this Easement and is carried out in accordance with applicable State and federal laws and regulations. 12. Water Rights Grantor retains and reserves the right to use any appurtenant water rights sufficient to maintain the agricultural productivity of the Property. Grantor shall not transfer, encumber, lease, sell or otherwise sever such water rights from title to the Property itself. 13. Subdivision The Property may not be further subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 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 7 of 20 development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law, or with written consent of the Purchaser. 14. Forest Management Without prior written permission from Grantee, Grantor may clear forested areas for conversion to farmland, may harvest wood for on-farm use including heating or construction of buildings and improvements, and may remove trees that are fallen, dead, diseased or dangerous, so long as it is consistent with Sound Agricultural Practices. Without prior written permission from Grantee, Grantor may commercially harvest timber and other wood products and construct, maintain, remove, and repair unpaved access roads and "staging areas" (those areas where logs are temporarily stored for transport) necessary for such activities, in accordance with generally-accepted forest best management practices (as outlined in a forest management and harvest pian) that shall not result in significant degradation of soil and water resources. Such commercial timber cutting shall be carried out only in accordance with a forest management plan and harvest plan prepared by a forester who is certified by the Society of American Foresters or such successor organization as is later created, or a Cooperating Consulting Forester with the New York State Department of Environmental Conservation. In order to facilitate the monitoring and stewardship of this Conservation Easement, to ensure continuing communication between parties, Grantor shall give Grantee, its successors or assigns, written notice thereof not less than forty-five (45) days prior to the anticipated commencement of any commercial timber harvest. Such written notice shall include submission of the .current forest management plan and harvest plan. 15. Excavation and removal of Materials; Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to 8 of 20 i j construct and maintain the permitted structures and improvements on the Property and for farm operations, erosion control and soil management, without the prior written consent of Grantee. 16. Road Construction Grantor may construct roads for barnyards, farm markets, farm roads, or other improvements necessary to provide access to, and parking for, permitted buildings or improvements, or to conduct other activities permitted by this Easement, provided to the greatest extent practicable, impact to the prime, statewide important and unique soils is minimized. No other portion of the Property shall be paved or otherwise covered with concrete, asphalt, or any other impervious paving material. 17. Dumping and Trash The dumping, land filling, burial, application, injection, or accumulation of any kind of garbage, trash or debris on the Property is prohibited, other than agriculturally-related waste or biodegradable material in accordance with Sound Agricultural Practices and any applicable State or federal law or regulation. However, this shall not prevent the storage of agricultural products and byproducts, temporary storage of trash or household waste in receptacles for periodic off-site disposal, and composting or re-use of biodegradable materials as permitted in Section 7 ("Right to Use Property for Agricultural Uses"), generated off the Property for use on the Property or commercial use so long as they are used and stored in accordance with Sound Agricultural Practices. Notwithstanding the foregoing, the storage and treatment of sewage associated with buildings permitted on the Property, is permitted by this Easement. 18. Permission of Grantee Where Grantor is required to obtain Grantee's permission for a proposed action hereunder, said permission shall be requested in writing. Grantee shall grant permission unless it determines that such action would 1) violate the Purpose of this Easement, 2) impair the potential for long-term agricultural viability associated with the Property, or 3) unnecessarily impede the use of Property's prime, statewide important or unique soils. Grantee shall respond in writing within forty-five (45) days of receipt of the Grantor's written request which shall include building plans identifying the use, footprint and total square footage of any proposed structures, and related survey information, if available. Grantee shall not be liable for damages for any 9 of 20 failure to grant permission to Grantor. 19. Ongoing Responsibilities of Grantor and Grantee Other than as specified herein, this Easement is not intended to impose any legal or other responsibility on Grantee, or in any way to affect any obligations of Grantor as owner of the Property, including, but not limited to, the following: 19(a) Taxes -- Grantor shall be solely responsible for payment of all taxes and assessments levied against the Property. If the Grantor becomes delinquent in payment of taxes the Grantee, at its option, shall have the right to take such actions as may be necessary to protect the Grantee's interest in the Property and to assure the continued enforceability of this instrument and to recover all of its costs including reasonable attorney's fees. If, as a result of such actions, Grantee ever pays any taxes or assessments on Grantors interest in the Property, Grantor will promptly reimburse Grantee for the same. 19(b) Upkeep and Maintenance -- Grantor shall be solely responsible for the upkeep and maintenance of the Property, to the extent required by law and this Easement. Grantee shall have no obligation for the upkeep or maintenance of the Property. 19(c) Liability and Indemnification - Grantor agrees to indemnify and hold Grantee and the State of New York, Department of Agriculture and Markets harmless from any and all costs, claims or liability, including but not limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. 20. Extinguishment of Development Rights Except as otherwise reserved to the Grantor in this Easement, all development rights appurtenant to the Property are hereby released, terminated and extinguished, and may not be used on or transferred to any portion of the Property as it now or hereafter may be bounded or described, or to any other property adjacent or otherwise, or used for the purpose of calculating permissible lot yield of the Property or any other property. 21. Baseline Documentation 10 of 20 By its execution of this Easement, Grantee acknowledges that the present uses of the Property are permitted by this Easement. In order to evidence the present condition of the Property (including both natural and man-made features) so as to facilitate future monitoring and enforcement of this Easement, a Baseline Documentation Report, including maps, describing j such condition at the date hereof, has been prepared and a copy will be kept on file with Grantee. The Report may be used by Grantee to establish that a change in the use or character of the Property has occurred, but its existence shall not preclude the use by Grantee of other evidence to establish the condition of the Property as of the date of this Easement. 22. Right of Inspection Grantee shall have the right to enter upon the Property upon forty-eight (48) hours advance notice to Grantor for the purpose of inspecting for compliance with the terms of this Easement. Such inspection shall be conducted between the hours of 9 a.m. and 7 p.m. on a weekday that is not a legal holiday recognized by the State of New York or at a date and time agreeable to the Grantee and Grantor. In the instance of a violation or suspected violation of the terms of this Easement which has caused or threatens to cause irreparable harm to any of the agricultural or other resources this Easement is designed to protect, no such advance notice is required. Representatives of the New York State Department of Agriculture and Markets shall have the same right of inspection. 23. Enforcement If Grantee determines that a violation of this Easement has occurred, Grantee shall so notify Grantor, giving Grantor thirty (30) days to cure the violation. Notwithstanding the foregoing, where Grantee in Grantee's sole discretion determines that an ongoing or threatened violation could irreversibly diminish or impair the Purpose of this Easement, Grantee may bring an action to enjoin the violation, ex parte if necessary, through temporary or permanent injunction. In addition to injunctive relief, Grantee shall be entitled to seek the following remedies in the event of a violation: (a) money damages, including damages for the loss of the resources protected under the Purpose of this Easement; and (b) restoration of the Property to its condition existing prior to such 11 of 20 violation. Said remedies shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. In any case where a court finds that a violation has occurred, Grantor shall reimburse Grantee for all its expenses incurred in stopping and correcting the violation, including, but not limited to, reasonable attorneys' fees. The failure of Grantee to discover a violation or to take immediate legal action shall not bar Grantee from doing so at a later time. In any case where a court finds no violation has occurred, each party shall bear its own costs. 24. Transfer of Property Any subsequent conveyance, including, without limitation, transfer, lease or mortgage of the Property, shall be subject to this Easement, and any deed or other instrument evidencing or effecting such conveyance shall contain language substantially as follows: "This {conveyance, lease, mortgage, easement, etc.} is subject to a Conservation Easement which runs with the land and which was granted to Town of Southold by instrument dated , and recorded in the office of the Clerk of Suffolk County at Liber at Page Grantor shall notify Grantee in writing at least thirty (30) days before conveying the Property, or any part thereof or interest therein, to any third party. The failure to notify Grantee or to include said language in any deed or instrument shall not, however, affect the validity or applicability of this Easement to the Property or limit its enforceability in any way. 25. Amendment of Easement This Easement may be amended only with the written consent of Grantee and current Grantor and with the approval of the New York State Department of Agriculture and Markets. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. 26. Alienation No property rights acquired by Grantee hereunder shall be alienated except pursuant to the provisions of Chapter 25 or 59, as applicable, of the Town Code of the Town of Southold, 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 12 of 20 L15A ULAKE KUMBRIW PAGE 02 shall alter the limitations placed upon the alienation of this property rights or interests which were acquired by the Town prior to any such amendment. 27. Extinguishment of Easement At the mutual request of Grantor, Grantee and New York State Department of Agriculture and Markets, a court with jurisdiction may, if it determines that conditions surrounding the Property have changed so much that it becomes impossible to fulfill the Purpose of this Easement described in Section 2, extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain make impossible the continued use of the Property for Purpose of this Easement, as described in Section 2 ("Purpose") herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 28("Proceeds") herein. 28. Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 27 ("Extinguishment of Easement"), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated at the price per acre set forth in the Purchase/Sale Agreement, by the unencumbered value of the Property, calculated as of the date of the appraisal obtained by Grantee prior to execution of this easement. The Proportionate Share is 61P/0. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 17O(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). With regard to the portion of such Proportionate Share equal to the percentage of the purchase price of this Easement that was paid using State Farmland Protection Program Grant funds, Grantee agrees to use such portion in a manner consistent with the Purpose of this Easement. Prior to such re- _ ' 13 of 20 use, Grantee must notify the New York State Department of Agriculture and Markets 29. Interpretation This Easement shall be interpreted under the laws of the State of New York, or federal law, as appropriate. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed to effect the Purpose of this Easement. If any provision in this Easement is found to be ambiguous, an interpretation consistent with the Purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid. 30. Successors Every provision of this Easement that applies to Grantor or Grantee shall also apply to their respective agents, heirs, executors, administrators, assigns, and other successors in interest, and shall continue as a servitude running in perpetuity with the Property. 31. Severability Invalidity of any of the covenants, terms or conditions of this Easement, or any part thereof, by court order or judgment shall in no way affect the validity of any of the other provisions hereof which shall remain in full force and effect. 32. Notices Any notice required or desired to be given under this Easement shall be in writing and shall be sent by (i) personal delivery, (ii) via registered or certified mail, return receipt requested, or (iii) via Federal Express or other private courier of national reputation providing written evidence of delivery. Notice shall be deemed given upon receipt in the case of personal delivery, and upon delivery by the U.S. Postal Service or private courier. All notices shall be properly addressed as follows: (a) if to Grantee, at the address set forth above; (b) if to Grantor, at the address set forth above; (c) if to any subsequent owner, at the address of the Property;(d) if to New York State Department of Agriculture and Markets, 1OB Airline Drive, Albany, New York 12235. Any party can change the address to which notices are to be sent to him, her or it by duly giving notice pursuant to this Section. 14 of 20 i 33. Title The Grantor covenants and represents that the Grantor is the sole owner and is seized of the Property in fee simple and has good right to grant and convey the aforesaid Easement; that the Property is free and clear of any and all mortgages not subordinated to this Easement, and that the Grantee shall have the use of and enjoyment of the benefits derived from and existing out of the aforesaid Easement. 34. Subsequent Liens on Property No provisions of this Easement should be construed as impairing the ability of Grantor to use this Property, or a portion thereof encompassing entire separately deeded parcels, as collateral for a subsequent borrowing. 35. Subsequent Encumbrances The grant of any easements or use restrictions is prohibited, except with the permission of Grantee. t y 36. Grantor's Environmental Warranty Nothing in this Easement shall be construed as giving rise to any right or ability in Grantee, or the New York State Department of Agriculture and Markets to exercise physical or management control over the day-to-day operations of the Property, or any of Grantor's activities on the Property, or otherwise to become an operator with respect to the Property within the meaning of The Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended ("CERCLA") or any corresponding state and local statute or ordinance. Grantor warrants that it has no actual knowledge of a release or threatened release of hazardous substances or wastes on the Property, as such substances and wastes are defined by applicable law, and hereby promises to indemnify Grantee, and New York State Department of Agriculture and Markets against, and hold Grantee and New York State Department of Agriculture and Markets harmless from, any and all loss, cost, claim (without regard to its merit), liability or expense (including reasonable attorneys' fees) arising from or with respect to any release of hazardous waste or violation of 15 of 20 environmental laws. If at any time after the effective date of this Easement there occurs a release in, on, or about the property of any substance now or hereafter defined, listed, or otherwise classified pursuant to any federal, state, or local law, regulation, or requirement as hazardous, toxic, polluting, or otherwise contaminating to the air, water, or soil, or in any way harmful or threatening to human health or the environment, Grantor agrees to take all steps that may be required under federal, state, or local law necessary to assure its containment and remediation, including any cleanup. 37. Duration of Easement Except as expressly otherwise provided herein, this Easement shall be of perpetual duration, and no merger of title, estate or interest shall be deemed effected by any previous, contemporaneous, or subsequent deed, grant, or assignment of an interest or estate in the Property, or any portion thereof, to Grantee, it being the express intent of the parties that this Easement not be extinguished by, or merged into, any other interest or estate in the Property now or hereafter held by Grantee. 38. Entire Agreement This instrument sets forth the entire agreement of the parties with respect to the Easement and supersedes all prior discussions, negotiations, understandings and agreements relating to the Easement, all of which are merged herein. No alteration or variation of this instrument shall be valid or binding unless contained in an amendment that complies with Section 25 ("Amendment"). 39. Waiver No waiver by Grantee of any default, or breach hereunder, whether intentional or not, shall be deemed to extend to any prior or subsequent default or breach hereunder or affect in any way any rights arising by virtue of any prior or subsequent such occurrence. No waiver shall be binding unless executed in writing by Grantee. 40. Binding Effect The provisions of this Easement shall run with the Property in perpetuity and shall bind and be enforceable against the Grantor and all future owners and 16 of 20 any party entitled to possess or use the Property or any portion thereof while such party is the owner or entitled to possession or use thereof. Notwithstanding the foregoing, upon any transfer of title, the transferor shall, with respect to the Property transferred cease being a Grantor or owner with respect to such Property for purposes of this Easement and shall, with respect to the Property transferred, have no further responsibility, rights or liability hereunder for acts done or conditions arising thereafter on or with respect to such Property, but the transferor shall remain liable for earlier acts and conditions done or occurring during the period of his or her ownership or conduct. 41. Captions The captions in this instrument have been inserted solely for convenience of reference and are not a part of this,instrument and shall have no effect upon construction or interpretation. IN WITNESS WHEREOF, Grantor and Grantee, intending to be legally bound hereby, have ereunto heir hands on the date first above written. Grantor: STEVEN DUBNER Grant e: TOWN OF SOUTHOLD By: Q J HUA Y. HORTON, SUPERVISOR State of New York ) County of;414V ),ss: On the f day of in the year 2005 before me,the undersigned,personally appeared STEVEN DUBNER, pe�y known to me or proved to me on the basis of satisfactory evidence to be the individual (s)whose name(s) is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the instrument,the individual(s), or the person upon behalf of which the individual(s)acted,executed the instrument. Signature/office of i"iuia2lt acknowledgement /Y t KAREN J.HAGEN 17 of 20 NOTARY PUBLIC A90Now Y orkNo. � 272 Oualitled i� uofuny Commission ExPench / State of New York ) County of �gFfof j ,ss: On the 1Z1- `day of_toll LI in the year 2005 before me,the undersigned,personally appeared JOSHUA Y.HORTON, personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies),and that by his/her/their signature(s)on the instrument,the individual(s),or the person upon behalf of which the individual(s)acted, xecuted the instnun nt. Signature office md' idual g acknowledgement e kF Stewart Title Insurance Company Title No: 24-5-0177 Schedule A Description ALL that certain plot,piece or parcel of land with the buildings and improvements thereon erected, situate,lying and being at Peconic,in the Town of Southold,County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road(C.R. 48) as widened, distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the west side of Bridge Lane with the north side of Middle Road; RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30 minutes 00 seconds west 515 feet to other lands of Steven Dubner Landscaping; THENCE along said other lands of Steven Dubner. ` North 47 degrees 30 minutes 30 seconds West 190.41; -- South 42 degrees 29 minutes 30 seconds West 98.60 feet; North 47 degrees 30 minutes 30 seconds West 399.27; South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of Persistence Properties,LLC; THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30 minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and Michael Demchak; RUNNING THENCE along said lands of Maria and Michael Demchak and other lands North 70 degrees 26 minutes 30 seconds East 660.27 feet to a monument; THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of Middle Road,the point or place of BEGINNING. � 1 TOGETHER with all right, title and interest of the party of the first part,in and to the land lying in the street in front of and adjoining said premises. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I. EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT F THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) uO HEREBY CERTIFY THAT I OAVE COMPA ED THE ANNEXED COPY OF DEED LIBER AT PAGE 7 _5 RECORDED y a-716-5 AND a- AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL EASEME14T AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THESEAL OF SAID COUNTY AND COURT THIS O-DAY OF (1 J rw•�r . ' a� Ap � CL AP 12-0168-.A/980 1 ALTA OWNER'S POLICY- 10-17-92 POLICY OF TITLE INSURANCE ISSUED BY S T EWART TITLE° t } INSURANCE COMPANY + SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE } CONDITIONS AND STIPULATIONS, STEWART TITLE INSURANCE COMPANY, a New York corporation, herein called the Company, + insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in { 4 Schedule A, sustained or incurred by the insured by reason of: } + 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; + + 2. Any defect in or lien or encumbrance on the title; + + 3. Unmarketability of the title; + + 4. Lack of a right of access to and from the land. + The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the } } extent provided in the Conditions and Stipulations. { } IN WITNESS WHEREOF, Stewart Title Insurance Company has caused this policy to be signed and sealed by its duly authorized } } officers as of the Date of Policy shown in Schedule A. } +� STEWART TITLE° + + INSURANCE COMPANY }, } Countersigned by: + f ,�,,r"��NSURq + + Qa''��pPP�Hq't,�F President =1987 .�� } Secretary } } EXCLUSIONS FROM COVERAGE { + The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage,costs,attorneys'fees or expenses which arise by reason } } of } 1 (a) Any law,ordinance or governmental regulation (including but not limited to building and zoning laws,ordinances,or regulations)restricting,regulating,prohibiting or + relating to(i)the occupancy,use,or enjoyment of the land;(ii)the character,dimensions or location of any improvement now or hereafter erected on the land;(iii)a separation in { t ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part,or(iv)environmental protection,or the effect of any violation of these } } laws,ordinances or governmental regulations,except to the extent that a notice of the enforcement thereof or a notice of a defect,lien or encumbrance resulting from a violation or } alleged violation affecting the land has been recorded in the public records at Date of Policy. L + (b) Any governmental police power not excluded by(a)above,except to the extent that a notice of the exercise thereof or a notice of a defect,lien or encumbrance resulting + { from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity s 2 Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy,but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge } } 3 Defects,liens,encumbrances,adverse claims or other matters } - (a) created,suffered,assumed or agreed to by the insured claimant, {, (b) not known to the Company,not recorded in the public records at Date of Policy,but known to the insured claimant and not disclosed in writing to the Company by the + insured claimant prior to the date the insured claimant became an insured under this policy; + } (c) resulting in no loss or damage to the insured claimant, { (d) attaching or created subsequent to Date of Policy;or } (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. { } 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state } insolvency,or similar creditors'rights laws,that is based on' 1 (a) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer;or } } (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure. } (i) to timely record the instrument of transfer;or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Sena No NY-001(10-17-92) CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS. (c) Whenever the Company shall have brought an action or interposed a defense as The following terms when used in this policy mean- required or permitted by the provisions of this policy,the Company may pursue any litigation (a) "insured" the insured named in Schedule A,and,subject to any rights or defenses to final determination by a court of competent jurisdiction and expressly reserves the right,in the Company would have had against the named insured,those who succeed to the interest its sole discretion,to appeal from any adverse judgment or order. of the named insured by operation of law as distinguished from purchase including,but not (d) In all cases where this policy permits or requires the Company to prosecute or limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or provide for the defense of any action or proceeding,the insured shall secure to the Company corporate or fiduciary successors. the right to so prosecute or provide defense in the action or proceeding, and all appeals (b) "insured claimant":on insured claiming loss or damage. therein, and permit the Company to use, at its option, the name of the insured for this (c) "knowledge" or"known":actual knowledge, not constructive knowledge or notice purpose. Whenever requested by the Company,the insured,at the Company's expense,shall which may be imputed to an insured by reason of the public records as defined in this policy give the Company all reasonable aid (i) in any action or proceeding, securing evidence, or any other records which impart constructive notice of matters affecting the land. obtaining witnesses, prosecuting or defending the action or proceeding, or effecting (d) "land"•the land described or referred to in Schedule A,and improvements affixed settlement, and (ii) in any other lawful act which in the opinion of the Company may be thereto which by law constitute real property. The term"land"does not include any property necessary or desirable to establish the title to the estate or interest as insured. If the beyond the lines of the area described or referred to in Schedule A, nor any right, title, Company is prejudiced by the failure of the insured to furnish the required cooperation,the interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or Company's obligations to the insured under the policy shall terminate,including any liability waterways, but nothing herein shall modify or limit the extent to which a right of access to or obligation to defend, prosecute, or continue any litigation,with regard to the matter or and from the land is insured by this policy matters requiring such cooperation. (e) "mortgage" mortgage,deed of trust,trust deed,or other security instrument. 5. PROOF OF LOSS OR DAMAGE. (f) "public records": records established under state statutes at Date of Policy for the In addition to and after the notices required under Section 3 of these Conditions and purpose of imparting constructive notice of matters relating to real property to purchasers for Stipulations have been provided the Company,a proof of loss or damage signed and sworn to value and without knowledge With respect to Section I(a)(iv) of the Exclusions From by the insured claimant shall be furnished to the Company within 90 days after the insured Coverage, "public records" shall also include environmental protection liens filed in the claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or records of the clerk of the United States district court for the district in which the land is damage shall describe the defect in, or lien or encumbrance on the title, or other matter located insured against by this policy which constitutes the basis of loss or damage and shall state,to (g) "unmorketability of the title" an alleged or apparent matter affecting the title to the extent possible, the basis of calculating the amount of the loss or damage. If the the land, not excluded or excepted from coverage, which would entitle a purchaser of the Company is prejudiced by the failure of the insured claimant to provide the required proof of estate or interest described in Schedule A to be released from the obligation to purchase by loss or damage,the Company's obligations to the insured under the policy shall terminate, virtue of a contractual condition requiring the delivery of marketable title. including any liability or obligation to defend, prosecute, or continue any litigation, with 2 CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE. regard to the matter or matters requiring such proof of loss or damage. The coverage of this policy shall continue in force as of Date of Policy in favor of an In addition,the insured claimant may reasonably be required to submit to examination insured only so long as the insured retains an estate or interest in the land, or holds an under oath by any authorized representative of the Company and shall produce for indebtedness secured by a purchase money mortgage given by a purchaser from the insured, examination, inspection and copying, at such reasonable times and places as may be or only so long as the insured shall have liability by reason of covenants of warranty made by designated by any authorized representative of the Company, all records, books, ledgers, the insured in any transfer or conveyance of the estate or interest. This policy shall not checks, correspondence and memoranda, whether bearing a date before or after Date of continue in force in favor of any purchaser from the insured of either(i)an estate or interest Policy, which reasonably pertain to the loss or damage. Further, if requested by any in the land, or (n) an indebtedness secured by a purchase money mortgage given to the authorized representative of the Company,the insured claimant shall grant its permission,in insured writing,for any authorized representative of the Company to examine,inspect and copy all 3 NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT. records,books,ledgers,checks,correspondence and memoranda in the custody or control of a The insured shall notify the Company promptly in writing(i)in case of any litigation as third party,which reasonably pertain to the loss or damage. All information designated as set forth in Section 4(a)below,(ii)in case knowledge shall come to an insured hereunder of confidential by the insured claimant provided to the Company pursuant to this Section shall any claim of title or interest which is adverse to the title to the estate or interest,as insured, not be disclosed to others unless,in the reasonable judgment of the Company,it is necessary and which might cause loss or damage for which the Company may be liable by virtue of this in the administration of the claim Failure of the insured claimant to submit for examination policy, or (m) if title to the estate or interest, as insured, is rejected as unmarketable If under oath, produce other reasonably requested information or grant permission to secure prompt notice shall not be given to the Company,then as to the insured all liability of the reasonably necessary information from third parties as required in this paragraph shall Company shall terminate with regard to the matter or matters for which prompt notice is terminate any liability of the Company under this policy as to that claim required,provided,however,that failure to notify the Company shall in no case prejudice the 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;TERMINATION OF LIABILITY. rights of any insured under this policy unless the Company shall be prejudiced by the failure In case of a claim under this policy,the Company shall have the following additional and then only to the extent of the prejudice options: 4 DEFENSE AND PROSECUTION OF ACTIONS;DUTY OF INSURED CLAIMANT TO (a) To Pay or Tender Payment of the Amount of Insurance. COOPERATE. To pay or tender payment of the amount of insurance under this policy together with any (a) Upon written request by the insured and subject to the options contained in Section costs,attorneys'fees and expenses incurred by the insured claimant,which were authorized 6 of these Conditions and Stipulations, the Company, at its own cost and without by the Company,up to the time of payment or tender of payment and which the Company is unreasonable delay,shall provide for the defense of an insured in litigation in which any third obligated to pay. party asserts a claim adverse to the title or interest as insured, but only as to those stated Upon the exercise by the Company of this option, all liability and obligations to the causes of action alleging a defect,lien or encumbrance or other matter insured against by this insured under this policy, other than to make the payment required, shall terminate, policy The Company shall have the right to select counsel of its own choice(subject to the including any liability or obligation to defend,prosecute,or continue any litigation,and the right of the insured to object for reasonable cause)to represent the insured as to those stated policy shall be surrendered to the Company for cancellation causes of action and shall not be liable for and will not pay the fees of any other counsel. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the The Company will not pay any fees,costs or expenses incurred by the insured in the defense Insured Claimant. of those causes of action which allege matters not insured against by this policy (i) to pay or otherwise settle with other parties for or in the name of an insured (b) The Company shall have the right at its own cost,to institute and prosecute any claimant any claim insured against under this policy,together with any costs,attorneys'fees action or proceeding or to do any other act which in its opinion may be necessary or desirable and expenses incurred by the insured claimant which were authorized by the Company up to to establish the title to the estate or interest, as insured, or to prevent or reduce loss or the time of payment and which the Company is obligated to pay;or damage to the insured The Company may take any appropriate action under the terms of (ii) to pay or otherwise settle with the insured claimant the loss or damage this policy,whether or not it shall be liable hereunder,and shall not thereby concede liability provided for under this policy,together with any costs,attorneys'fees and expenses incurred or waive any provision of this policy. If the Company shall exertisp it rights under this by the insured claimant which were authorized by the Company up to the time of payment paragraph,it shall do so diligently. and which the Company is,, kited to pay (continued and concluded on last page of this policy) Stewart Title Insurance Company 125 Baylis Load Suite 201 Melville New Fork 11747 Phone: (631) 501-9615 Fax: (631) 501-9623 Title No: 24-S-01 77 Date: January 7, 2005 Melanie Town of Southold-Land Preservation Coordinator 53095 Route 25 P.O. Box 1179 Southold,New York 11971-0959 RE: Borrower/Current Owner: Town of Southold Premises: 24515 County Route 48 Cutchogue,New York 1193 5 Reference: In reference with the above captioned transaction, enclosed please find the following: Owners Title Policy NOTE: Any corrections or questions,please do not hesitate to call. RightFax 1/19,/2005 12 : 40 PAGE 002/003 Fax Server ALTA OWNER'S POLICY SCHEDULE A Title No.: 24-S-0177 Policy No.: 0-8831-328275 Date of Policy: January 12,2005 Amount of Insurance: $603,621.00 1. Name of Insured: County: Suffolk Town of Southold Y 2. The estate or interest in the land described herein and which is covered by this policy is: Easement 3. Title to the estate or interest in the land is vested in: Town of Southold,who acquired Easement of Development Rights from Steven Dubner, dated 1/12/2005 and to be recorded in the Suffolk County Clerk's/Register's Office. 4. The land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 084.00 Block: 01.00 Lot: 008.000, 4612 (7/93) Page 2 S T E W A R T TITLE INSURANCE COMPANY r- , Stewart Title Insurance Company Title No: 24-5-0177 Policy No.: 0-8831-328275 Schedule A Description ALL that certain plot, piece or parcel of land with the buildings and improvements thereon erected, situate, lying and being at Peconic, in the Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at a point on the northerly side of Middle Road (C.R. 48) as widened, distant westerly 855.87 feet from the extreme westerly end of an arc of a curve connecting the west side of Bridge Lane with the north side of Middle Road; RUNNING THENCE along the northerly side of Middle Road South 71 degrees 30 minutes 00 seconds west 543.36 feet to other lands of Steven Dubner Landscaping; THENCE along said other lands of Steven Dubner: North 47 degrees 30 minutes 30 seconds West 190.41; South 42 degrees 29 minutes 30 seconds West 98.60 feet; North 47 degrees 30 minutes 30 seconds West 399.27; South 42 degrees 29 minutes 30 seconds West 211.90 feet to lands now or formerly of Persistence Properties, LLC; THENCE along said last-mentioned land and later along lands of Graeb North 47 degrees 30 minutes 30 seconds West 1,234.71 feet to a monument and lands now or formerly of Maria and Michael Demchak; RUNNING THENCE along said lands of Maria and Michael Demchak and other lands North 70 degrees 26 minutes 30 seconds East 660.27 feet to a monument; THENCE South 46 degrees 52 minutes 00 seconds East 1764.67 feet to the northerly side of Middle Road, the point or place of BEGINNING. RightFax 1/" (2005 12 : 40 PAGE 003/003 Fax Server ALTA OWNER'S POLICY SCHEDULE B Title No.: 24-S-0177 Policy No 0-8831-328275 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. Rights of tenant(s)or person(s)in possession, if any. 2. Survey by Peconic Surveyors, last dated 12/03/2004 shows premises and more, survey reading as to subject premises ("LOT 1")shows premises as vacant land, dirt farm roads located,concrete pads for irrigation located, concrete pad for well pump and well located,60 feet wide LIPA high tension line traverses premises ,two steel towers for high tension wires lie within subject premises; fencing at north line varies up to 0.2 feet south of north line. Dirt farm road along easterly line appears to provide access to premises North and East and company excepts rights of others over said access dirt roads. Surveyor notes slight variations between record description and actual field measurements along east, south and west lines. 3. Street taking recorded in Liber 5752 at Page 70. 4. Street taking recorded in Liber 5830 at Page 236. 5. Easement set forth in Liber 10800 at Page 298 and Liber 14912 at Page 503. 6. Policy excepts rights of others than the insured in,to, and over the unpaved dirt roads as shown on the survey herein as described in Schedule A,but policy will insure that use for Development Rights will not be disturbed by reason thereof. 7. Policy excepts rights of LIPA to maintain 60 feet easement,transmission wires and steel towers as set forth in survey reading herein and recited in Exception 4c above. 4613 (2/93 Page 3 S T E SIV A R T TITLE INSURANCE COMPANY STVWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Title No.: 24-S-0177 ATTACHED TO AND MADE A PART OF POLICY NUMBER 0-8831-328275 1.The following is added to the insuring provisions on the face page of this policy: "5. Any statutory lien for services, labor or material furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2.The following is added to Paragraph 7 of the Conditions and Stipulations of this policy: "(d) If the recording date of the instruments creating the insured interest is later than the policy date, such policy shall also cover intervening liens or encumbrances,except real estate taxes,assessments,water charges,and sewer rents." Nothing herein contained shall be construed as extending or changing the effective date of the policy unless otherwise expressly stated. This endorsement, when countersigned below by a validating signatory, is made a part of the policy and is subject to the Exclusions from Coverage,Schedules,Conditions and Stipulations therein,except as modified by the provisions hereof. Signed on January 12,2005 STEWART TITLE Stewart Title Insurance mpany INSURANCE COMPANY SignedSU * ��' R4 - n - a 1007 tout AAlV Authorized Office or Agent Stewart Title Insurance Company 125 Baylis Road Suite 201 President Melville, New York 11747 Agent No.:327005 Secretary STANDARD NEW YORK ENDORSEMENT(9/1/93) FOR USE WITH ALTA OWNER'S POLICY (10/17/92) CONDITIONS AND STIPULATIONS Continued ;continued and concluded from reverse side of Policy Fac Upon the exercise by the Company of either of the pravided for ni paragraphs (b) When liability _ ie extent of loss or damage has been definitely fixed in (b)(i)or(ii),the Company's obligations to the insured under this policy for the claimed loss or accordance with these Conditions and Stipulations, the loss or damage shall be payable damage, other than the payments required to be made, shall terminate, including any within 30 days thereafter liability or obligation to defend,prosecute or continue any litigation 13 SUBROGATION UPON PAYMENT OR SETTLEMENT. 7. DETERMINATION,EXTENT OF LIABILITY AND COINSURANCE. (a) The Companys Right of Subrogation. This policy is a contract of indemnity against actual monetary loss or damage sustained Whenever the Company shall have settled and paid a claim under this policy,all right of or incurred by the insured claimant who has suffered loss or damage by reason of matters subrogation shall vest in the Company unaffected by any act of the insured claimant insured against by this policy and only to the extent herein described The Company shall be subrogated to and be entitled to all rights and remedies which the (a) The liability of the Company under this policy shall not exceed the least of insured claimant would have had against any person or property in respect to the claim had (i) the Amount of Insurance stated in Schedule A;or, this policy not been issued If requested by the Company,the insured claimant shall transfer (n) the difference between the value of the insured estate or interest as insured to the Company all rights and remedies against any person or property necessary in order to and the value of the insured estate or interest subject to the defect, lien or encumbrance perfect this right of subrogation. The insured claimant shall permit the Company to sue, insured against by this policy. compromise or settle in the name of the insured claimant and to use the name of the insured (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is claimant in any transaction or litigation involving these rights or remedies. less than 80 percent of the value of the insured estate or interest or the full consideration paid If a payment on account of a claim does not fully cover the loss of the insured claimant, for the estate or interest, whichever is less, or if subsequent to the Date of Policy an the Company shall be subrogated to these rights and remedies in the proportion which the improvement is erected on the land which increases the value of the insured estate or interest Company's payment bears to the whale amount of the loss by at least 20 percent over the Amount of Insurance stated in Schedule A,then this Policy is If loss should result from any act of the insured claimant,as stated above,that act shall subject to the following not void this policy,but the Company,in that event,shall be required to pay only that part of (i) where no subsequent improvement has been made,as to any partial lass,the any losses insured against by this policy which shall exceed the amount, if any, lost to the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Company by reason of the impairment by the insured claimant of the Company's right of Date of Policy bears to the total value of the insured estate or interest at Date of Policy;or subrogation. (n) where a subsequent improvement has been made,as to any partial loss,the (b) The Componlls Rights Against Non-insured Obligors. Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of The Company's right of subrogation against non-insured obligors shall exist and shall Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in include,without limitation,the rights of the insured to indemnities,guaranties,other policies Schedule A and the amount expended for the improvement. of insurance or bonds, notwithstanding any terms or conditions contained in those The provisions of this paragraph shall not apply to costs,attorneys'fees and expenses for instruments which provide for subrogation rights by reason of this policy. which the Company is liable under this policy,and shall only apply to that portion of any loss 14. ARBITRATION which exceeds,in the aggregate,10 percent of the Amount of Insurance stated in Schedule A Unless prohibited by applicable law, either the Company or the insured may demand (c) The Company will pay only those costs, attorney's fees and expenses incurred in arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration accordance with Section 4 of these Conditions and Stipulations Association. Arbitrable matters may include,but are not limited to,any controversy or claim 8 APPORTIONMENT. between the Company and the insured arising out of or relating to this policy,any service of If the land described in Schedule A consists of two or more parcels which are not used as the Company in connection with its issuance or the breach of a policy provision or other a single site,and a loss is established affecting one or more of the parcels but not all,the loss obligation All arbitrable matters,when the Amount of Insurance is$1,000,000 or less shall shall be computed and settled on a pro rata basis as if the amount of insurance under this be arbitrated at the option of either the Company or the insured All arbitrable matters when policy was divided pro rata as to the value on Date of Policy of each separate parcel to the the Amount of Insurance is in excess of$1,000,000 shall be arbitrated only when agreed to whole,exclusive of any improvements made subsequent to Date of Policy,unless a liability or by both the Company and the insured. Arbitration pursuant to this policy and under the Rules value has otherwise been agreed upon as to each parcel by the Company and the insured at in effect on the date the demand for arbitration is made or,at the option of the insured,the the time of the issuance of this policy and shown by an express statement or by an Rules in effect at Date of Policy shall be binding upon the parties The award may include endorsement attached to this policy attorneys'fees only if the laws of the state in which the land is located permit a court to 9. LIMITATION OF LIABILITY. award attorneys' fees to a prevailing party Judgment upon the award rendered by the (a) If the Company establishes the title, or removes the alleged defect, lien or Arbitrator(s)may be entered in any court having jurisdiction thereof encumbrance,or cures the lack of a right of access to or from the land,or cures the claim of The law of the situs of the land shall apply to an arbitration under the Title Insurance unmarketability of title, all as insured, to a reasonably diligent manner by any method, Arbitration Rules. including litigation and the completion of any appeals therefrom,it shall have fully performed A copy of the Rules may be obtained from the Company upon request its obligations with respect to that matter and shall not be liable for any loss or damage 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE CONTRACT. caused thereby. (a) This policy together with all endorsements,if any,attached hereto by the Company (b) In the event of any litigation, including litigation by the Company or with the is the entire policy and contract between the insured and the Company In interpreting any Company's consent,the Company shall have no liability for loss or damage until there has provision of this policy,this policy shall be construed as a whole. been a final determination by a court of competent jurisdiction,and disposition of all appeals (b) Any claim of loss or damage,whether or not based on negligence,and which arises therefrom,adverse to the title as insured out of the status of the title to the estate or interest covered hereby or by any action asserting (c) The Company shall not be liable for loss or damage to any insured for liability such claim,shall be restricted to this policy voluntarily assumed by the insured in settling any claim or suit without the prior written (c) No amendment of or endorsement to this policy can be made except by a writing consent of the Company. endorsed hereon or attached hereto signed by either the President a Vice President, the 10 REDUCTION OF INSURANCE;REDUCTION OR TERMINATION OF LIABILITY. Secretary,an Assistant Secretary,or validating officer or authorized signatory of the Company. All payments under this policy, except payments made for costs, attorneys' fees and 16. SEVERABILITY. expenses,shall reduce the amount of the insurance pro tanto In the event any provision of the policy is held invalid or unenforceable under applicable 11 LIABILITY NONCUMULATIVE. law,the policy shall be deemed not to include that provision and all other provisions shall It is expressly understood that the amount of insurance under this policy shall be reduced remain in full force and effect by any amount the Company may pay under any policy insuring a mortgage to which 17. NOTICES,WHERE SENT. exception is taken in Schedule B or to which the insured has agreed, assumed, or taken All notices required to be given the Company and any statement in writing required to be subject, or which is hereafter executed by an insured and which is a charge or lien on the furnished the Company shall include the number of this policy and shall be addressed to the estate or interest described or referred to in Schedule A, and the amount so paid shall be Company at 300 East 42nd Street,New York,New York 10017 deemed a payment under this policy to the insured owner 12. PAYMENT OF LOSS. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or STEWART TITLE° destruction shall be furnished to the satisfaction of the Company INSURANCE COMPANY • �-. "..s."�.��."►-�,�."f_�'SY��"..►�".t��>�,.���.' ', '� �.... �:�>�:t::�."►r.7�;�;t�."s�,'-�s.�}ems � �' - _ '��s%s,"��V��s�'„`►��is S��Y!'.�- .. � IP (•1�1) ll� '��.1)` �1 vi•1:y) (((�•1�J�' V(`KY`�1 tO ((�� a.J� RA 49, P. . r.L7 a,�,-,^=t�„�g, w.,, �,;b,., ,.x• �..w,-3" _ C%`tj� Z-'1 e1�H: _,. _.•.,n _ :.-.,,.z . ..-_s.:.ry, ..af,..,��r .,_�:.. ..�[7 �� a ,x•_•: -- �� a-,*1� <P�5' `�i�:i3 i' �.', C►:;��:•��'-s ►�s=mss�:.�=s /„i �:(g� C������."s��:'�;�:s_ �C J ,_: _..._ ^'� •> �v CLOSING STATEMENT STEVEN DUBNER to TOWN OF SOUTHOLD Development Rights Easement—20.9216 acres (includes .8009 acre LIPA easement) 20.1207 buildable acres @ $30,000/acre Premises: 24515 County Route 48, Cutchogue, NY SCTM #1000-84-1-8 Closing held on Wednesday, January 12, 2005 at 12 noon, Conference Room, Southold Town Hall Purchase Price of $603,621.00 disbursed as follows: Payable to Steven Dubner $ 603,621.00 Check #079716 (1/12/05) Expenses of Closing: Appraisal $ 2,000.00 Payable to Given Associates Check #072851 (8/12/03) Survey $ 4,200.00 Payable to Peconic Surveyors, P.C. Check #075722 (3/23/04) ° Environmental Report $ 1,100.00 Payable to Nelson, Pope &Voorhis, LLC Check #076111 (4/20/04) Title Report $ 3,231.00 Payable to Stewart Title Insurance Company Check #079718 (1/12/05) Fee insurance $ 2,931.00 Recording deed $ 300.00* *includes certified copy Title Closer Attendance Fee $ 75.00 Payable to Karen Hagen, Esq. Check#079717 (1112/05) Those present at Closing: Joshua Y. Horton Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Steven Dubner Seller Abigail A. Wickham, Esq. Attorney for Seller Karen Hagen Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Land Preservation Administrative Asst Marian Sumner Peconic Land Trust Tim Caufield Vice President, Peconic Land Trust Mark Terry Senior Environmental Planner Anthony Trezza Senior Planner �4 �a4fas 5...:p5�. ....�yno�°me`a0..veao»<�a.a���r-w�w nn-"}�r".�l'a�yaa sw wa�w. t3l�`�"m.�B ..... y.� a3 °a�w- -- a�4yt.➢,ma!w�v7ro xs�R�..v�a 1 `C. a1 g � 1 "? .sCii aw i ddd 5E IN F55 4(m ,a -" 1 r )d t ekCa1y%w�p1b��3a.W R�" �rt�.°a�Yai{�,XRG9l�a4emab�{MMD{''fO8 m6T.ad`4D.aM�aa 6`((((-r+''aZxd4S,.aFyds}y'�'a�d�jR°^OtR.�Ygw°Om�M{3MT*it'iAbka!{3 i°i°&�C qJ{ °Ce�jcNvSCwtd".�Na°�.a'das�wq 1dmnf11bWsDTM.t{sMu°s°{'p°i�° alow�`a° c DW'Y(a.te rai�a��^rT"en+8[4n�F�nasy7j'+p"TxxXF�Vr a�"•"va�-0'bL/gJv6�tRp(e°�ah�wQC'ins�b,:575;:Y_¢e<t�.!dc,byF a/wpyeSR4.5^'4'`:n"^n°te0t'"FF'/FQ'.e/66qSi(Me'ltaSSs�*tPt¢yxkE�'gyi l,ww+Ds'a dyaO�L'r-'iiatri.�f �, < si gZ54 to �5 S ; S5 ;5a w5s ix b . �1W U h C o 0—M— MR � �ME +'�,�;{( -{ Trarr 1r ? ebb�aNIIJ.E Y h'at 'C.+'a d LAY 6N SIR 5 ,5b .r Y ` ws=Cy,y " t.u 'vsv Y.''aa�'"" .=a ams*. ko-. vsa�, s>^. s✓'�G faileil—r— s w �.ss T1 b.'b r to+Ta bs�°i TMu"1 IIf xs'.l `e�/R Gu'Y4 IIzm$ aC=••8 ka�p8 F. 'w'=l Ladp9 a^T1 '�'W` II 'S ✓4a'�Y.L4h _. p Y. t�P �4is055 11'0797 1611' -1:0 2 14054641: 63 91zo 0 0 tl 011' VENDOR 004834 STEVEN DUBNER 01/12/2005 CHECK 79716 -PTMT) s, ArrnTTYT p_n_# TNVOTCE DESCRIPTION AMOUNT H3 . 8660 .2 . 600 . 100 011205 DEV RIGHTS-20 . 120 603 , 621 . 00 TOTAL 603, 621 . 00 }„�y' �P`...-�^r..y R'Y!a„i=�•'"tr..^,^sE4 t.(- e..� a-Et`,.i.iV�i*•v '=u..,rn 'aL3W'.-•~Yir~•µ{ '*9 TOWN OF SOUTHOLD • SOUTHOLD,NY 11971-0959 GIVEN A S S O C I A T E S PATRICK A. GIVEN, SRPA (631)360-3474 box 5305 -550 route 111'- hauppauge, n.y. 11788-0306 FAX 360-3622 July 29, 2003 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road - Southold, N.Y. 11971 Property of Steven Dubner, S.C.T.M. #1000-84-1-8 Located Northerly Side of Middle Road, Cutchogue, NY File#2003272 $2,000.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual . . . . . . . . . . . . . .Detail--GL100N. . . . . . . . . . . . . . Vendor. . 007416 GIVEN, SRPA/PATRICK : W-08122003-452 Line: 106 Formula: 0 . Account. . H3 . 600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx.Date Fund Account : Trx Date. . . . . 8/12/2003 SDT 8/12/03 ------------------------- Use Acti : Trx Amount. . . 2, 000 .00 Y 8/12/2003 8/12/2003 H3 .600 : Description. . DUBNER APPRAISAL-84-1-8 Y 8/12/2003 8/12/2003 H3 . 600 : Vendor Code. . 007416 8/12/2003 8/12/2003_ H3 .600 : Vendor Name. . GIVEN, SRPA/PATRICK A. 8/26/2003 8/26/2003 A . 600 : Alt Vnd. . ; 9/09/2003 9/09/2003 H3 . 600 : CHECK. . . . . . . . 72851 SCNB : 9/23/2003 9/23/2003 H3 .600 : Invoice Code. 2003272 11/18/2003 11/18/2003 H3 .600 : VOUCHER. . . . . . Y 12/02/2003 12/02/2003 H3 . 600 : P.O. Code. . . . 10653 Y 12/02/2003 12/02/2003 H3 .600 : Project Code. Final Payment P Liquid. 1099 Flag. . . . 7 Fixed Asset. . Y Date Released 8/12/2003 Date Cleared. 8/31/2003 . F3=Exit F12=Cancel F21=Image -------------------------------- E . Select Record(s) or Use Action Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PECONIC SURVEYORS, P.C. P.O.Box 909 1230 Traveler Street Southold,N.Y.11971 (631)765-5020•Fax(631)76S-1797 MARCH 4, 2004 PECONIC LAND TRUST P.O. BOX 1776 SOUTHAMPTON, N.Y. 11969 JOB #: 04-105 FOR PROFES51ONAL SERVICES RENDERED: OUTLINE SURVEY OF PROPERTY AT CUTCHOGUE, NEW YORK. SUFFOLK COUNTY TAX MAP N0. 1000-84-01-08 FEE: $ 4200 .00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual . . . . . . . . . . . . . .Detail--GL100N• • • • • . • • . • . • • • Vendor. . 016144 PECONIC SURVEYORS, : W-03232004-910 Line : 315 Formula: 0 : Account— H3 • 600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx-Date Fund Account : Trx Date. . . . . 3/23/2004 SDT 3/23/04 ------------------------- Use Acti : Trx Amount• • • 4,200.00 • 7/31/2001 7/31/2001 H3 •600 : Description . .. SURVEY-DUBNER PROPERTY 8/28/2001 8/28/2001 A •600 : Vendor Code. . 016144 6/03/2003 6/03/2003 H3 •600 : Vendor Name. . PECONIC SURVEYORS, P•C• „ 12/02/2003 12/02/2003 H3 •600 : Alt Vnd• - ,Y, 3/23/2004 3/23/2004 H3 •600 : CHECK. . . . . . . . 7572'2 _ SCNB : Invoice Code. 04-105 : VOUCHER. . . . . . : P.O . Code. . . . 12075 : Project Code ., : Final Payment F Li-quid.- : 1099 Flag . . . . N : : Fixed Asset —, Y : Date Released 3/23/2004 : Date Cleared. 3/31/2004 : F3=Exit F12=Cancel F21=Image ----------------------------'---- E . . Select Records) or Use Action Code : • • • • • • • • • • • • • • • • • • • Nelson, Pope & Voorhis, LLC Property: 04038 Project: VA01431 572 V�falt''Rhitman Road Phone:631-427-5665 Dubner Property,24515 Middle Road(C Melville NY 11747 Fax:631-427-5620 Manager: McGinn,Steven Invoice #: To: Town of Southold Dept of Land Presery Invoice 2378 Invoice Date: April 07,2004 Town Hall 53095 State Rt 25,PO Box 1179 Southold NY 11971 Attention:Melissa A Spiro MAKE CHECKS PAYABLE TO NELSON POPE&VOORHIS Invoice Amount $1,100.00 Contract Item#1: Prepare Phase I Environmental Site Assessment Work Performed: 2/6 thru 3/10/04 Contract Amount: $1,100.00 Percent Complete: 100.00% Fee Earned: $1,100.00 Prior Fee Billings: $0.00 Current Fee Total: $1,100.00 *** Total Project Invoice Amount $1,100.00 GL108S 20 TOWN OF SOUTHOLD Disburs Inquiry by Vendor Name ** Actual . . . . . . . . . . . . . .Detail--GL100N• • • • • • • • • • • . • • Vendor . . 014161 NELSON, POPE & VOOR : W-04202004-235 Line : 288 Formula : 0 : Account. . H3 •600 : Acct Desc ACCOUNTS PAYABLE Y JE Date Trx - Date Fund Account : Trx Date. . . . . 4/20/2004 SDT 4/21/04 : ------------------------- Use Acti : Trx Amount• • • 11100 .00 1/20/2004 1/20/2004 H3 •600 : Description. . PHASE I ESA-DUBNER PROP . 1/20/2004 1/20/2004 A •600 : Vendor Code. . 014161 . 1/20/2004 1/20/2004 A -600 : Vendor Name . . NELSON, POPE & VOORHIS, 1/20/2004 1/20/2004 A •600 : Alt Vnd• • 1/20/2004 1/20/2004 A -600 : CHECK. . . • • • • • 76111 SCNB 1/20/2004 1/20/2004 A -600 : Invoice Code. 2377 . 2/24/2004 2/24/2004 B •600 : VOUCHER . . . . . . 3/09/2004 3/09/2004 H3 •600 : P.O. Code. . . . 11748 3/09/2004 3/09/2004 H3 •600 : Project Code. ,Y, 4/20/2004 4/20/2004 H3 •600 : Final Payment P Liquid . 4/20/2004 4/20/2004 H3 •600 : 1099 Flag. . . . 7 4/20/2004 4/20/2004 H3 •600 : Fixed Asset. . 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Pji4n taxa •o:f�`^tw^a','{:>'a '`..r¢.+ri rte--t:! ,if t,:�.{' ta.,.rf {+ t,..;,;_.�.����c;�.��yX+r,+.�}i,'��.-�s}.��..6°"{.d..$3i�}-w��i'�y1'"w�,e3"a. a%V>.,g9'ryP,.,;�?!flJ:ue.e',w�sy-3..t�e,.l-,,,a^A,a'aw����.:'s`s_4..•l°`w.."ea�M�'�.':'�.<Yd�$,;- �3Y e�,.�FwZa.'/vz Ed„d�{rs.;,":.,n'-•L nMr�f.C'^rat.�-.w,"SJFF,'�.*._.�m�d�:.wt:y.aa_4�','�.`?�,:'�dr,Y{ad�_av4:yrrgar,r strong t ;� mlbn�Jx':Ca:.. '�>,�.,a�-•.n.,l.,��,`��r•:, .war+�va:Sf_FcJ+a�'{g$'�'%,�t�+,rs�L3W��*�D*t'.e4•.tasa�,,�.^oa.,2�,(g' 3 y H10797 17un 1:0 2 L4054641: 63 000004 Olin VENDOR 007707 KAREN HAGEN 01/12/2005 CHECK 79717 FLTNTT) F, LrrC)TMT P.0.# TNVOICE DESCRIPTION AMOUNT H3 . 8660 .2 . 600 . 100 011205 TITLE CLOSER-DUBNER/TO 75 . 00 TOTAL 75 . 00 f G•iti,� -� sr' rri fr� �QJa�'i NMI TOWN OF SOUTHOLD • SOUTHOLD, NY 11971-0959 OFFICE LOCATION: MELISSA A.SPIRO Q�� CD Town Hall Annex LAND PRESERVATION COORDINATOR � yam► 54375 State Route 25 melissa.spino@town.southold.ny.us ® (corner of Main Road&Youngs Avenue) co Southold,New York Telephone(631)765-5711 - Telephone Facsimile(631)765-6640 y�o� �Q�� MAILING ADDRESS: �' P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager From: Melissa Spiro, Land Preservation Coordinator Date: January 13, 2005 Re: STEVEN DUBNER to TOWN OF SOUTHOLD SCTM #1000-84-1-8 (Lot#1) Please be advised that the Town has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 24515 County Road 48, Cutchogue PROPERTY OWNER: Steven Dubner PURCHASE DATE: Closing took place 1/12/05 PURCHASE PRICE: $603,621.00 (based on 20.1207 buildable acres @ $30,000/acre) EASEMENT AREA: 20.9216 acres (includes 0.8009 acre LIPA easement area) FUNDING: Community Preservation Funds (eligible for a partial funding reimbursement from a grant from NYS Dept.of Agriculture& Markets) MISCELLANEOUS: This property is part of a conservation subdivision approved by the Planning Board dividing the 22.9216 acre parcel into Lot 1 (20.9216 acres development rights easement to Town)and Lot 2 (2.0 acres). This property is listed in the Town's Community Preservation Project Plan. CD6-b7TY RF'SFII�K �\ (DEVPLOPMPN�R mnv �� COUNTY OF SUFFOLK (DEVELOPMENT RIGHTS) 1765.80' OBD) 3 y t7s4�sr RrIL - -- --- - ee�i.os sttpl• 67E901 Qq ftp +� o \ Mt J s„ M1 \ Q x 1204 r• �v MIDI 999!!CLC KfL?fF L,IA?P OF LOT I LLQ n G 2 Cf7rk�8 MAP OF ✓o�onf g 3 3 4 300 '$€TOFF PERS!$TANCE P#CFS177ES,LLC' �O