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Home My WebLink AboutZebroski off at CD 1000-69.-1-8.2 coo (f/k/a part of 1000-69.4-8) Baseline Documentation Premises: 37875 County Road'48 Southold, New York, 2.0.06 acres Development Rights Easement WILLIAM ZEBROSKI, JR. to ' TOWN OF SOUTHOLD Easement dated August-39 2017 , Recorded August 30, 2017 ,Suffolk County Clerk — Liber D100012927, Page 629 SCTM #: 1000-69.4-8.2 (f/k/a part of 1000-69.-1-8) Premises: 37875 County Road 48 Hamlet: Southold Purchase Price: S 9719360.00 (per contract — significant bargain sale) Funding: Community Preservation Funds (2% land bank) CPF Project Plan: Yes Total Parcel Acreage: 22.06 acres Development Rights: 20.06 easement acres Reserve Area: 2.0 acres Zoned: A-C (Agricultural-Conservation) Existing Improvements: In July 2017 — cultivated field; 50 foot wide east/west electric easement includes high tension wires and one metal tower each situated along the eastern and the western boundary lines. i� ii I� �. A _ P P I �! �� f 1 i I �� I �� S ��' A �' L �, ,� �� M �� \ O '' T �� I �� '� � O �� N II 'I I E� �I II i! t� it I �� LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, February 21, 2017 at 7:00 p.m. Town Hall Annex Executive Board Room Members Present: Sam McCullough, Chairman Anne Murray Doris McGreevy Will Lee Members Absent: Lillian Ball Eric Keil John Sepenoski Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Bob Ghosio, Town Board Liaison Tim Caufield, PLT Vice President Commencement: • The meeting began 7:01 p.m. with four LPC members present. EXCERPT FROM ADOPTED 2/27/2017 LPC MEETING MINUTES `4 Land Preservation Applications and Inquiries: • SCTM #1000-69.-1-8 (ZEBROSKI) PDR Application—Review status and authorize update to appraisal if applicable Land Preservation Coordinator discussed LPC condition prohibiting the excluded area from residential use with potential buyer. Buyer requested that LPC reconsider this condition. LPC acceptable to removing the condition. MOTION made by Anne Murray, seconded by Will Lee, to direct Land Preservation Coordinator Melissa Spiro to commission an updated appraisal on the Zebroski property (SCTM #1000-69.-1-8) to reflect the exclusion of a 2± acre area in the southeast corner with restrictions prohibiting subdivision of the area from the land subject to the easement. There will be no restrictions on the excluded 2± acre area other than those imposed by Town Code. Motion carried 4/0 f' i �� E ;� N �� V I �' R �� ,� ., '� N .a M E '' N �� T �� A �: �� L �: �� f� �� S �� U �� M M �, A �� R '' Y�. ,� �� , pHASE 1ENVERONMENTAL SITE ASSESSMIENT I I for the property located at: 37875 County Road 48 Southold, ICY 119 71, SCTM # 1000.~690~ 1 *'S prepared for: Town of Southold Department of Land Preservation Town Hall-Annex 5.4375 State Route 25 11971-0959 Southold, New York prepared by: *ork Cashln TecvlceS9 Inca UEngineering ®PI n Management 1200 Veterans Memorial High ay11788 - (631) 348-7600 J r ,UNE 209 2017 I_ iJ PHASE I ENVIRONMENTAL SITE ASSESSMENT FOR THE PROPERTY LOCATED AT: 37875 COUNTY ROAD 48 SOUTHOLD,NY 11971 SCTM#1000-69.-1-8 i i EXECUTIVE SUMMARY This report outlines the findings of a Phase I Environmental Site Assessment (ESA) for the Town of Southold conducted by Cashin Technical Services, Inc. (CTS) for the subject property located at 37875 County Road 48, Southold, New York. The subject property is approximately 20 acres and currently comprised of farmland and a small wooded portion along its northern end. There is an unpaved access road around the perimeter of most of the subject property. No structures are present on the subject parcel, with the exception of a temporary hunting tree stand A in the northern woods. According to CTS' historical research and the owner's statement, it L appears that the subject property has historically been used for agricultural purposes. The subject property does not include a 2.0 acre excluded area in the southeast corner that will not be part of the developed rights easement, as identified by the Town. The field inspection was conducted on June 16, 2017 by an Environmental Professional from CTS. CTS-accessed the parcel from County Road 48, and an unpaved access road was used to traverse the subject property. Site access was arranged through the property owner, Mr. William Zebroski, Jr. Based on the review of the available historical data for the past 55 years (section 2.5), the subject property appears to have historically been used for agricultural purposes. According to the owner, the subject property has been in his family's ownership since approximately 1940, has Cash in Technical Services, Inc. _ always been used for agricultural purposes, and does not have any structures or buildings. The northern portion of the site is traversed by high-tension power lines, and metal support towers are located at the east and west sides of the property perimeter. The site does not appear on any of the reviewed environmental databases. Locations within the surrounding area that appeared in the reviewed databases are not concern regarding potential contaminant migration and impacts to subject property conditions. 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 ()[LECs) None Identified. Historic Recognized Environmental Conditions r None identified. E Controlled Recognized Environmental Conditions (LECs) i - None identified. Cashin Technical Services, Inc. De Minimis Conditions None identified. Business Environmental Risk Issues Current and Historic Agricultural Use: Due to the historic 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 in the North Fork. As this is a regional issue, there are no site-specific recommendations for the subject property. Cash in Technical Services, Inc. ti t. Photograph #1 - Subject property located at 37875 County Road 48. Q Photograph #2—View of stormwater drain to - south . County Road ) • J". (upgradient . subject property) 't I �•Il- Photograph View of agricultural field on subject property. i F + M PVT -W r < rw a. 40 t I � �j • P S + .may ,�Y � � �• �'. 6 - 11 1 es Il � ..may 'aw., ,� - • - •••-• • • - •- i ` ; j • ••- • - • • - • - 4i; w F r v Photograph #7—View of temporary tree stand in north wooded portion of the subject property. f 7 P Photograph #8—View of horse barn to in adjacent property to the west of the subject property. ya. -err Photograph #9—View of barn building adjacent to the south (across - County Road 48) of the subject 4 4 property. o k r Photograph #10-Adjacent vineyard to the east of the subject property. je r r Photograph #11-View of metal tower on property boundary line and high tension power lines which traverse above the subject property. 72°28'30"W 72°26W 72°27'30"W 72°27'W 72°26'30"W 72"26'W z 0 m 1 • Lo Z ♦ ♦ a • I • tA • • • • • ♦ • • `♦ • • • ♦♦ ♦� I ♦ I • • I ♦�♦� ♦♦� r-rte, II • I i • 0 Miles a 0.3 .15 0 0.3 O a Map : 1 Mile Radius Order No: 20170616076 E R IS %%000 Address: 37875 County Road 48, Southold, NY `NVRONMZ LR*KINFOR ATON5`R""" `/0 Project Property Rails State Boundary ® FWS Special Designation Areas 6. Buffer Outline Major Highways ® National Priority List Sites State Brownfield Sites zA, Eris Sites with Higher Elevation Major Highways Ramps National Wetland State Brownfield Areas LJ Eris Sites with Same Elevation Major Roads Indian Reserve Land RM7 State Superfund Areas:Dept.of Defense V Eris Sites with Lower Elevation Major Roads Ramps ® Historic Fill TFM State Superfund Areas:NPL O Eris Sites with Unknown Elevation Secondary Roads ® 100 Year Flood Zone WQARF Areas County Boundary Secondary Roads Ramps ® 500 Year Flood Zone Federal Lands:Dept.of Defense 0 (owned/administered areas) Local Roads and Ramps Source: 0 2016 ESRI © ERIS Information Inc. 72°27'30"W 72°27'W 72°26'30"W Jt�0 ry! ry 00 /`d fe ,♦,, e jry e ` Qa n • 'gym 14s 411,• .Qa ♦, o Qo • ,day ♦♦ 414 ♦ �� •% ♦ S"' ♦ �♦ �♦ � eiiryl `41, Q' esu Ra , ` ♦♦ ,� a • �° 1 ✓ z � a ♦ �, o�`r ry � 1 411, qa �♦ �� `♦ moa ♦ 4k, ♦`,`oma �♦ / � 1 1 � � I I ♦, ♦ � bac p �`� �� octal •� �a z - d M� o 0 Miles 1:11900 0. 0.075 0 4 a m Map : 0.5 Mile Radius Order No: 20170616076 E R IS `✓ Address: 37875 County Road 48, Southold, NY `—RONMGiAL R1K1NFOR-110NSC� Project Property Rails State Boundary ® FWS Special Designation Areas Buffer Outline Major Highways ® National Priority List Sites 0 State Brownfield Sites A Eris Sites with Higher Elevation Major Highways Ramps National Wetland 0 State Brownfield Areas ❑ Eris Sites with Same Elevation Major Roads Indian Reserve Land ® State Superfund Areas Dept of Defense V Eris Sites with Lower Elevation Major Roads Ramps ® Historic Fill State Superfund Areas NPL O Eris Sites with Unknown Elevation Secondary Roads ® 100 Year Flood Zone ® WQARF Areas County Boundary Secondary Roads Ramps ® 500 Year Flood Zone Federal Lands Dept of Defense (owned/administered areas) Local Roads and Ram s Source: 0 2016 ESRI © ERIS Information Inc. 72°27'30"W 72°27'W 4v a c Qo / Fe boa a •• v ti r; • • ♦ ego ,�♦ ♦ 44,4k II ♦ % �♦ 416 • 9A • o ♦♦ ,es( a • • y° ' ♦ • • • q, � � �7y A• ♦ o • C, • • ♦ �� Q ♦ • 0 ♦% �, G II • 1 ♦ %% • • • Miles 1:7300 0.1 0.05 0 0.1 Map : 0.25 Mile Radius Order No: 20170616076 E R S `✓ Address: 37875 County Road 48, Southold, NY `WRONMC%T"`a"K'"`°R"AION `W„"5 OProject Property +—+ Rails State Boundary ® FWS Special Designation Areas 1 Buffer Outline Major Highways ® National Priority List Sites 0 State Brownfield Sites A Eris Sites with Higher Elevation Major Highways Ramps _ National Wetland State Brownfield Areas ❑ Eris Sites with Same Elevation Major Roads ® Indian Reserve Land ® State Superfund Areas.Dept.of Defense V Eris Sites with Lower Elevation Major Roads Ramps ® Historic Fill State Superfund Areas NPL O Eris Sites with Unknown Elevation Secondary Roads ® 100 Year Flood Zone ® WQARF Areas County Boundary Secondary Roads Ramps ® 500 Year Flood Zone Federal Lands Dept of Defense (owned/administered areas) Local Roads and Ramps Source: 02016 ESRI © ERIS Information Inc. 72°2TW 1 Ft r , f `a .rte'" � � •.:r�� a'+, .,� z o z . r r`r Miies ,�, •_ 1:3000 0.04 0.02 0 0.04 So ce: Eics, �N -/A r DS, USDA U A r• RID,I I U o nit Aerial Order No: 20170616076 Address: 37875 County Road 48 Southold NY CC3 %%o/ Source: ESRI World Imagery 0 ERIS Information Inc. 72°27'W udd ' s j ti r� Vineyard 1 1 ' � i� Z 0 M Z � � O M � ih O �_j L Miles 1:3000 0.04 0.02 0 0.04 Topographic Map Order No: 20170616076 Address: 37875 County Road 48, Southold, NY CE E�."RIUK�ir�,s CRMCS Source:USGS Topographic Map ©ERIS Information Inc. P U B L I C H E A R I N G RESOLUTION 2017-486 O(Ji ADOPTED DOC ID: 13073 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-486 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON MAY 23, 2017: 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, June 6, 2017, 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 William S. Zebroski, Jr. Said property is identified as SCTM #1000-69.-1-8. The address is 37875 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the north side of County Road 48 approximately 3000 feet west of Kenney Road in Southold, New York. The proposed acquisition is for a development rights easement on 20± acres of the 22± acre parcel (subject to survey). The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $971,360 (nine hundred seventy-one thousand three hundred sixty dollars) for the 20± acre easement plus acquisition costs. The landowner offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner 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 and its value as an aquifer recharge area. 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. a Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER:William P. Ruland, Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, 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, June 6, 2017, 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 William S. Zebroski, Jr. Said property is identified as SCTM #1000-69.-1-8. The address is 37875 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the north side of County Road 48 approximately 3000 feet west of Kenney Road in Southold, New York. The proposed acquisition is for a development rights easement on 20f acres of the 22± acre parcel(subject to survey). The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $971,360 (nine hundred seventy-one thousand three hundred sixty dollars) for the 20f acre easement plus acquisition costs. The_ landowner offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner 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 and its value as an aquifer recharge area. t:•, 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: May 23, 2017 BY ORDER OF THE TOWN BOARD ' OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk Please publish on June 1,2017 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 SOUTHOLD TOWN BOARD PUBLIC HEARING June 6, 2017 7:33 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Attorney William Duffy Town Clerk Elizabeth Neville This hearing was opened at 7:58 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, June 6, 2017, at 7:33 p.m., Southold Town Hall, 53095 Main Road, Southold,New York as the time and place for a public hearinIZ for the purchase of a development rights easement on property owned by William S. Zebroski, Jr. Said property is identified as SCTM #1000-69.-1-8. The address is 37875 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A- C) Zoning District and is situated on the north side of County Road 48 approximately 3000 feet west of Kenney Road in Southold, New York. The proposed acquisition is' for a development rights easement on 20± acres of the 22± acre parcel (subject to survey). The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner. The easement will be acquired using Community Preservation Funds. The purchase price is $971,360 (nine hundred seventy-one thousand three hundred sixty dollars) for the 20± acre easement plus acquisition costs. The landowner offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner 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 and its value as an aquifer recharge area. 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 DRE-Zebroski Public Hearing June 6, 2017 page 2 hours. I have here the affidavit of publication on the Town Clerk's bulletin board and in the Suffolk Times. I have a memorandum from the LWRP coordinator that this action with the policy standards and therefore is consistent with the LWRP. I have a memorandum from the Planning Board with the recommendation that the Town Board, as lead agency, issue a negative declaration for this unlisted action pursuant to SEQRA. That's all. SUPERVISOR RUSSELL: Would anybody like to address the Town Board? Melissa? MELISSA SPIRO: Good evening again. Melissa Spiro, Land Preservation Coordinator. Again, as noticed, this public hearing is for the town to acquire development rights easement for agricultural purposes on 20 acres. The farm is on our Community Preservation list of eligible parcels and it will be funded by the CPF. The farm is shown in red on the map in front. About two acres will be excluded by the development rights sale. That area is shown with the dotted white lines. And that area will not be subject to the development rights easement, however, it will be linked to the preserved farm in perpetuity. The farm is all prime ag soils and directly to the east there are other preserved farms totaling about 60 acres within a mile radius, there are over 500 acres of preserved farms, again, indicated by the white labels. Bill Zebroski is well known here at Town Hall. Although retired now, he worked for the town for many years. When bill decided to sell the farm, he very generously offered to sell the development rights to the town at what is known as a bargain sale, that's a price below appraised value. As noted in the public hearing notice, Bill offered the developments rights to the town at a purchase price of $971,360., this is over $250,000 less than the appraised value, thus resulting in a savings to the town of over $250,000. I extend a sincere thanks to Bill for doing this as it will allow the town to use the savings to preserve additional farmland elsewhere. Bill intends to sell the farm, once preserved, to the adjacent farm owner to the east who has already started to farm it. In addition, Bill and the potential purchaser allowed the town to delay the purchase for quite a while to enable us to try to obtain state grant funding for the project. Unfortunately, we were not successful in getting the grant and we did not receive the funding but I really would like to thank them both for allowing us the opportunity to at least try to get the funding. It has been great working with Bill, and I thank him for giving us this wonderful opportunity to preserve this important farm. The preservation of the farm is recommended by the Land Preservation Committee and it is recommended that the Town Board proceed with the purchase as proposed. SUPERVISOR RUSSELL: Would anyone else like to address the Town Board on this particular public hearing? (No response) This hearing was closed at 8:04 PM Elizabeth A. Neville Southold Town Clerk S E Q R A P U R C H A S E R . E S O L U T I O N RESOLUTION 2017-535 F ADOPTED DOC ID: 13108 i THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-535 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JUNE 6, 2017: 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 William S. Zebroski, Jr. on the 6'" day of June, 2017, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-69.-1-8. The address is 37875 County Road 48 in Southold. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the north side of County Road 48 approximately 3000 west of Kenney Road in Southold,New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 20± acres (subject to survey) of the 22± acre parcel. The exact area of the acquisition is subject to a Town-provided survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the easement will be acquired using Community Preservation Funds. The purchase price is $971,360 (nine hundred seventy-one thousand three hundred sixty dollars) for the 20± acre easement,plus acquisition costs. The landowner offered to sell the development rights to the Town at a purchase price below the fair market value indicated in the Town's commissioned appraisal and the landowner may be eligible to claim a bargain sale; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan List of Eligible Parcels as property that should be preserved due to its agricultural value and its value as an aquifer recharge area; 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 2017-535 Board Meeting of June 6, 2017 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 William S. Zebroski, Jr., identified as part of SCTM#1000-69.4-8. 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,.L�WRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Louisa P. Evans, Justice SECONDER:Robert Ghosio, Councilman AYES: Dinizio Jr, Doherty, Ghosio, Evans, Russell ABSENT: William P. Ruland Updated: 6/6/2017 3:07 PM by Lynda Rudder Page 2 MAILING ADDRESS: PLANNING BOARD MEMBERS QF SO(/j P.O.Box 1179 DONALD J.WILCENSKI ®V�� y��o Southold,NY 11971 Chair 3 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G ® Q 54375 State Route 25 JAMES H.RICH III 0 \Y (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IyCOUNV��`(,V' Southold, NY Telephone: 631 765-1938 www.southoldtow-nny.gov PLANNING (BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM hL JUN 6 2017 To: Town of Southold Town Board DEPT.OF LAND From: Mark Terry, Assistant Director of Planning ?RESEPVAT! N Date: June 6, 2017 Re: I Proposed Purchase of a Development Rights Easement on Property Owned by William S. Zebroski,Jr. SCTM ##1000-69.-1-8 Location: 37875 County Road 48 in Southold The proposed acquisition is for a development rights easement on 20±acres of the 22±acre parcel (subject to survey) in the Agriculture Conservation (AC) zoning district. The action have been reviewed to Chapter 130 Environmental Quality Review of the Southold Town Code and the New York State Department of Environmental Conservation regulation 6NYCCRR Part 617 State Environmental Quality Review and it is my recommendation that the Town Board, as lead agency, issue a Negative Declaration for this Unlisted Action pursuant to 6 NYCRR Part 617, Section 617.7 of the State Environmental Quality Review Act (SEQRA). A Short Environmental Assessment Form is attached. Please contact me with any questions. Please contact me at (631) 765-1938 if you have any questions regarding the above recommendation. Cc: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator Short Environmental Assessment Form Part 1 - Project Information Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Southold Town board Name of Action or Project. William S.Zebroski,Jr.Town Purchase of Development Rights Easement Project Location(describe,and attach a location map): SCTM#1000-69-1-8 37875 County Road 48,Southold Brief Description of Proposed Action: Town purchase of a development rights easement for purposes of farmland preservation on a part of the property consisting of approximately 20±acres of the 22±acre parcel(subject to survey) Name of Applicant or Sponsor: Telephone: (631)765-1889 Southold Town Board E-Mail: Address: Southold Town Hall 53095 State Route 25 City/PO: State: Zip Code: Southold NY 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ❑✓ ❑ 3.a.Total acreage of the site of the proposed action? 20+/- acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 22+/-acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0Rural(non-agriculture) ❑Industrial m Commercial 0Residential(suburban) ❑Forest OAgriculture El Aquatic El Other(specify): OParkland Page 1 of 3 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑ ✓❑ b.Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑✓ 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO I YES If Yes,identify: W1 El 8 a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES 0 ❑ b.Are public transportation service(s)available at or near the site of the proposed action? V ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? 11/1 ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: Not applicable 14 ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: Z ❑ Not applicable 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: F0 ❑ Not applicable 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? W1 ❑ b.Is the proposed action located in an archeological sensitive area? 0 ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? 0 ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest m Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? V ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑No YES ❑✓ ❑ b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO AYES Page 2 of 3 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Z ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: Fv—(] ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor a e: elis Spiro Date: 5/24/2017 Signature: PRINT FORM Page 3 of 3 OFFICE LOCATION: O��QF So�Py�l MAILING ADDRESS: Town Hall Annex ® P.O. Box 1179 1 54375 State Route 25 Southold,NY 11971 (cor. Main Rd. &Youngs Ave.) cis 'e Southold, NY 11971 Telephone: 631 765-1938 NTI LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Town of Southold Town Board From: Mark Terry, LWRP Coordinator Date: June 1, 2017 Re: Proposed Purchase of a Development Rights Easement on Property Owned by William S. Zebroski,Jr. SCTM ##1000-69.-1-8 Location: 37875 County Road 48 in Southold The proposed acquisition is for a development rights easement on 20±acres of the 22±acre parcel (subject to survey) in the Agriculture Conservation (AC) zoning district. 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: William Duffy, Town Attorney Melissa Spiro, Land Preservation Coordinator FD WECE ED JUN - 2 2017 DEPT.OF LAND PRESER AT! C L O S I N G S T A T E M E N T CLOSING STATEMENT WILLIAM ZEBROSKI, JR. to TOWN OF SOUTHOLD part of SCTM #1000-69.-1-8 Total Development Rights Easement— 20.06 acres Total Parcel Acreage — 22.06 acres Reserve Area - 2.0 acres Premises: 37875 County Road, 48, Southold Closing took place on Thursday, August 3, 2017 at 10:00 a.m., Southold Town Hall Annex Purchase Price of $ 971,360.00* (based on contract) disbursed as follows: Payable to William Zebroski, Jr. $ 971,360.00 Check #133147 (8/1/2017) *substantial bargain sale by landowner to the Town of Southold Expenses of Closing: Appraisals Payable to Lawrence Indimine Consulting Group $ 2,400.00 Check #126146 (9/22/2015) Payable to Lawrence Indimine Consulting Group $ 2,400.00 Check #131828 (3/28/2017) Survey Payable to Peconic Surveyors, P.C. $ 1,850.00 Check #133107 (8/1/2017) TOWN OF SO U771OLD VENDOR .03208 WILLIAM ZEBROSKI, JR. 08/01/2017 CHECK 133147 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 .600.100 17-535 080317 ZEBROSKI-20. 06A DEV RGHT 971,360.00 TOTAL 971,360.00 '4 A IE's 4, '�'04- 12. A 'i.` vq-t, TOWN OF SOUTHOLD AUDIT 08/01/2011. 53095 MAIN ROAD,PO BOX 1-179 SOUTHOLD,NY 1 1 9 71-0959 CHECK NO. '133147 THE SUFFOLK CO.NATIONAL BANK AMOUNT CUTCHOGUE,NY 11935 ........... DATE 50-546/214 _NINEt fUNMEb SEVENTY ONE- THOUSAND 'THREE HUNDRED S IXTY'AN'D 06/'100 DOLL ARS PAY_ WILLIAM ZEBROSKI, JR. TO 7�YE PO.BOX 531 ORDER SOUTHOLD NY' 11971 OF 2 Lawrence Indimine Consulting Corp. Invoice 18 Bailey Lane Date Invoice# Aanorville, NY 11949 1631) 979-2735 3/9/2017 846 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of William Zebroski 2,400.00 Located 37875 County Road 48,Southold,NY SCTM#1000-69-1-8 Tile#17032 FQ-)ECE�'f�C�l� EMA 16 2017 DEPT.OF LAND PRESERVATION 'I-hank you for your business. Total $2,400.00 ,• J -\ / t TOWN OF SO UTHOLD VENDOR 011893 LAWRENCE INDIMINE• CONSULT CORP 03/28/2017 CHECK '131828 FUND &-ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .86601.2.500.200 30857 846 APPRAISAL—ZEBROSKI PRPTY 2,400.00 C I - r TOTAL --•2,400.00 ' '' / �4K,'i_ moi.;_ -•�_ r , pe r.' %_ fat.� '•'} `F_+ � `i J t t —®— ' 7 ------- -• - -�- - -_ :- - ,�!`:"./L"`^'tir';L v5�1 ti`k1-;:"�• �i'�, -�% j- - `-O• - ,"'oma,l`l-'�.�=-i• .ti`:°;.l-'l� .r.n.f:^,1 .;,,,f, ,._:_ :i':.'\.i,' ,__ :�.;;<;�,;�::.-• f�: �,��_� .r„r J,; ,.,�;y P)•,47P�,I5;e,,'�i,,t'f'•''�>':<i•',,tiA1 Jl,i�.o•i'ai s.e'�.;�y.3t,:r,�=�'�r.'+i'j1•,.`i:tary'°:+'.t,,.:'v<r.s:,E�i'I=tr'-sr'4 t,•:-i'ss:' )L: .,-.;;.�!5T3O0_9�5,VEvNA_.1NOo,RtF0A.S;O,IP,OC;IB,pTOXH 11 ,7I'9 '1.S0959f-,•tOD �'D;t dl,h%,,l,''.,:_''%ra'i,••'�r'"`i.E.s',S+,'A{l,;:;'t..'�)`•.'1. • tt,v5)_4t.t-.A' U�•DCHT•/:�,.;:•�Ct3- �1�r,7^.;(;•�,e8,P,'t�;•`;a,s�`,r.;3A i r- kr4 :7; THE:SUFFOLK,CO.,NATIONAL-BANK.'=il'_ 'ai d r P,i- `,,:�,a i,"a;^ ''•�%'^-- --�' '-�_'=-<-= -_ ' "' '°' E,°. _ - �,,1/'.aEt�•.r,;•Ir•''t°sIi-I""°,r'+.�Ef:sv:t1l f,•'di:'p',,+`,Yl4}`„_i"L_t`':=",lLe.:J'iI''_,;..JI'+-�r,••.1J?-.'•P,.+'Itj,-o S°t ie=l'.isf{+,,°�,�'i+'�•!'� -,--L',_4,f:y'1f=.;J__--`----r-r'i.)�'-`'.-a_`_--- - -,L_/-�:''`�'1�:,'ftC'fr•U.+i'�T,1I^t1C�d,;;�H„J5aOt0'•,;G=5;U4it7E.46';`I'I2N.•P.17YCA,4,:•.,!1�1 R1'd.,19iS.'1:35•;,1 5,�"Lt,�,.-ti7;.,4.�Et1l1_a;tH,'.'%r,,~7:.,r.`:'9'&''�.'�,a�n ej j:s.;;.�1'e.`:'`-„•-'- ^�'v{I_`'0-- _-,:D72•.A-r8iT5f-E2)•: 1 •;,0i:1w_Af-7l•„%=,l;�^i„s,°=,J-i i{;:',.ertA',•�'r{ty•:;.,��`tE.1l'%,E"y;°�7 "a,�1 r'.;:n: MS2r'tli=O'°�'`',aU'4•!`.'r:\:r.T�F y „TWO.THOUSAD`fFOUR'�HUNDRED''�N00/10,0;=DOLL ;d:^�,/•;h1 ap.0:e.,`f„."sts0t;'tirio J E..'?:v!fr'`,_l' , ;=il )f rE1 x F'yt: 'r,`j”; '�'r;. t•. r t ,1, sti i p.`EI _, _lirly. �s rs•i+)„dn,d•t, t,g,�d _ _ ; r•,fd ,. )f°•'. _ _ ^f_ 'n 1�,,y'1:'•�.•':tr:t:\.�,C`•1,r,:r�t''_ __ - -.\ro='. ti:\t•a\.v •4 >i.ti..,'4;t.v�•, -r',-.,•�_ :"t•>•,' _�, s�__- _ _ _ s=it•=:TI'ir;�l Iu+ tit;,p 4 Et iOi,,u/.0, - -_ 'ic_ '•n° 1 tt.�Pr n• tns t.. .r:-',t` ` _t: -_ 7,;:�L�`�{' t�k,d'•1;'rs t d+'. -- tf _ _t_,�tl° .J, t,,;t, ,`r:;,:!•` ,r l;l',lr.,`. �i;i``. _- ), _ f!, _ - ,i` - ,'p7p3• -J 7 l ^P•'r: ° l •'il`, - .d _.'t,J• ,y'Ur„ �1 1a, 'f.'t;;- t;ettr it '1 _ .',:4 iN 7•-'{ ,• `1�1)'••" •=nyny�`` r-I .Q�j• t.=. 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E'3` -000-0-0`4 On■, , . . . Lawrence Indimine Consulting Corp. Invoice PO Box 1453 Date Invoice# Smithtown, NY 11787 (631) 979-2735 9/4/2015 720 Bill To Town of Southold Department of Land Preservation PO Box 1179 Southold,NY 11971-0959 Description Amount Appraisal of Property of Zebroski 2,400.00 Located 37875 C.R.48,Southold,NY SCTM#1000-69-1-8 File#15088 nD nECENED S Thank you for your business Total $2,400.00 ---- .................... ................... :-------------- ------ --------_----------- ............--------- ---------------------- ..................... ....................... ...................... TOWN OF SO UTHOLD VENDOR 011893 LAWRENCE INDIMINE CONSULT CORP 09/22/1015 CHECK 126146 FUND & ACCOUNT I PO..# INVOICE DESCRIPTION AMOUNT CM A660.2-500.200 29037 720 ZEBROSKI APPRAISAL 2,400.00 TOTAL 2,400.'00 F 01 ............ CD i BE Nlk, ------- --------------- - ---------- ------------- - &ao., xx m MR Z 001,11 1,474 7k , -1 ',LOP �V,; wpv'ilp . ....... .... . A M umv., 0 MAO TgzgL:�gP 40-:Mg 4p , .,f � N I 'L nl- ki i ell sAX az, 4,01w PECONIC SURVEYORS, P.C. Invoice SOUTHOLD, NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 7/6/2017 3186 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT 54375 RT 25,PO BOX 1179 SOUTHOLD NY 11971 P.O. No Terms Project 15-144 Due on receipt Quantity Description Rate Amount 1 SURVEY FOR DEVELOPMENT RIGHTS EASEMENT AT 37875 CR 48/ 1,850.00 1,850.00 ZEBROSKI FARM JUL 19 2017 DEPT.OF LAND ?RESERVAT! N We appreciate your prompt payment. Total $1,850.00 Phone# 631-765-5020 TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 08/01/2017 -CHECK 133107 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 30860 3186 SURVEY-ZEBROSKI-DEV RTS 1, 850.00 TOTAL 1,850.00 - rya- I. •Tr' n ri lF) �9fiF, aim- :..y+ -eFlw• '�. _ 4y # ' - t I .tib-r!�ys I�• lm � 4� ' ( -• • •tet %++sys} � � ��iYz�-l-��• •'-t?u�IT tiv�r 1R.= 1.Cifi' ��z�ti ,"tt`SS•...i••• ��.1C`rh'i4�i �� '� •^r}��s. "bs-'•+zrl _'i a�-0'4 � 41• {�,._ - it ,LLy .• Wiz.',,r° "? p zm 4i IMF` B@ B C TOWN OF, SOUTHOLD - AUDIT 08/0112,01-7 53095 MAIN ROAD,PO BOX 1179 SOUTHOLD,NY 11971-0959 CHECK NO. 133307 THE SUFFOLK C0:NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT o8/61/201.7 , $l_,'ss:o.00_ 50-546/214 „ "ONE- THOUSAND EIGHT HUNDRED FIFTY'--AND 0,0/100 DOLLARS �oSpF.F•p1k4, I p,4y PECONIC SURVEYORS, P.C. TO THE 123 0., .TRAVELER STREET ORDER PO prix 9 0 9f OF SOUTHOLD NY 11971 diol "' 112X3310711, 1:0 2 1 LO S t, C3 LX 63 00000 L, Oi}' Cashin Technical Services, Inc. 1200 Veterans Memorial Hwy . Hauppauge . NY . 11788 631.348.7600 phone f 631.348.7601 fax Melanie Doroski Town of Southold Town Hall Annex PO Box 1179 June 20, 2017 Southold, NY 11971-0959 Project No: 17CTS.008 Invoice No: 617001C Phase I Environmental Site Assessment for property located at 37875 County Road 48, Southold, NY SCTM 1000-69.-1-8 Professional Services from June 7 2017 to June 20 2017 Fee 1,200.00 Total this Invoice $1,200.00 Er LO 1 JUN2 1 2017 DEPT.OF LAND °frESERN TOWN OF SO UTHOLD VENDOR 003079 CASHIN ASSOCIATES, P.C. 07/05/2017 CHECK 132760 A FUND & ACCOUNT ;, P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.'2.600.100 30861 617001C PHS 1 ESA—ZEBROSKI PRPTY 1,200.00 TOTAL 1,200x_00 " �t I' .q �yl� EE#� ,�•+� tea. , •.! v r. �t1 s• z Y;,`� • B B O B' ^ B B G o o B t 'I TOWN OF SOUTHOLD _ :AUDIT: 07/Q5i/T=7 - _ 53095 MAIN ROAD,PO BOX 1,179 ,i•'= ' _ [SOUTHOLD,NY 11971-0959 - •CHECK NO. '1327,60 , 7HE SUFFOLK CO:NATIONAL BANK= AMOUNT - CUTCHOGUE,NY 11935'` OATS 07105/2017- $5;200.00 50-5461214 ' ;ONE THOL7SAND TWO`'HUNDRED:AND'Ii 0 0/3 0 0 'DOI;LARS ' , . _ p,�y- - CASHIN ASSOCIATES, P.C. TOTHE;:--1200,-VETERANS- MEMORIAL HWY ORDER!. • HAUPPAUGE NY 117.88OP 13 2760I'M 1:0 2 1405L+641: 63 000004 011' - - -- - - - - Fidelity National Title Insurance Services, LLC [X I NYS GOOD FAITH ESTIMATE 0 24 Commerce Drive,Riverhead NY, 11901 0 FINAL STATEMENT PHONE.(631)727-0600•FAX (631)727-0606 Title No: F1 7-7404-1 048 1 6-SUFE Closing Date:08/03/2017 Closer: Applicant: Town of Southold Land Preservation Dept Lender: Purchaser: Town of Southold Lender Attorney: Owner: William S Zebroski,Jr Owner Attorney: Wickham,Bressler&Geasa,PC Premises: 37875 County Road 48 County: Suffolk Southold Mortgage Amount:$0 00 Fee Amount:$971,360 00 COMPANY CHARGES Amount: Buyer[Borrower• Seller: Lender: Fee Premium $3,73700 Other Premium Optional Market Value Rider Escrow Service Charge Recording service fee—(2) WAIVED New Survey Herewith Municipal Totals-See Attached $2500 Endorsement Totals Other Charges Examination of Title Total Company Charges: RECORDINGCHARGE$ k" Conveyance Tax(exempt) Mortgage Tax Lender Tax RPT Tax CPF Tax(exempt) (1 )Covenant and Restriction/Cert Copy $40500 (I )Development Rights Easement/Cert $50500 Copy(24 gs) ( )Assignment of Mortgage ( )Consolidation Agreement ( )Satisfaction of Mortgage ( )Release ( )Satisfaction of Judgment ( )Agreement Total Recording Charges: ESCROW&EXCHANGES(ESCT) ' 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: $0.00 _ _MUNICIPAL SEARCH DETAIL FINAL CASH SHEET CONTINUED Date 7/26/2017 Closing Date 08/03/2017 Title No F17-7404-104816-SUFF Closer Applicant Town of Southold Land Preservation Det Bank- Address P O Box 1179 Southold NY 11971 Bank Attorney Purchaser Town of Southold Seller Attorney Wickham,Bressler&Geasa,PC Owner William S Zebroski, Ir Salesperson Robert DeFrese Premises 137875 County Road 48 County Suffolk Bankruptcy Search $2500 Tax Search No Charge OTHER ANCILLARY CHARGES: Buyer/Borrower Owner/Seller ( )Mortgage Payoff Transmittal Charge $ $ ( )Delivery/Courier Charge $ $ Notice Re2ardin2 Ancillary Services Title costs for this transaction may include charges for certain services not specified in the TIRSA rate manual but are provided by FNTG at the request of your lender or attorney The issuance of the title policy is not dependent upon the performance of such services. Disclosure Pursuant 11 NYCRR$30.3 of Compensation and Ownership Fidelity National Title Insurance Services LLC("LLC")earns 88%of the premium on the sale of policies as an agent of Fidelity National Title Insurance Company("FNTIC") Alternative title insurance policy coverage's and/or endorsements maybe available Please contact this Company for a description of alternative coverage's and premium quotes or for any other additional information The premiums for policies of title insurance are approved by the New York State Department of Financial Services("NYS DFS"), Insurance Division,under a rate filing made by the Title Insurance Rate Service Association("TIRSA") The NYS DFS also approves policy and endorsement forms These rates are standard for all members of the TIRSA except certain Owner's policies issued by Company which are 15%lower than the TIRSA rates LLC is a wholly owned subsidiary of Fidelity National Financial Corporation The Insurance Law prohibits reducing or rebating any portion of the premium paid to the Insurer for the title insurance policy whether by reducing the Agent's commission or compensation or otherwise IMPORTANT NOTE:THIS FINAL STATEMENT MUST BE SIGNED AT CLOSING BY THE APPLICANT PAYING THE CHARGES LISTED ON THIS DOCUMENT OR HIS,HER OR ITS ATTORNEY 1N FACT: Date Date Purchaser/Borrower Signature Purchaser/Borrower Signature 1{,•, TOWN OF SOUTHOLD VENDOR 006182 FIDELITY NATIONAL TITLE INS CO 08/01/2017 CHECK 133039 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2 . 600.100 17-535 7404-104816 ZEBROSKI-TITLE INS PLOY 3,737.00 CM .8660.2. 600. 100 17-535 7404-104816 ZEBROSKI-REC EASMNT/CERT 505.00 CM .8660.2 . 600. 100 17-535 7404-104816 ZEBROSKI-RECORDING SVC 405.00 CM .8660.2. 600. 100 17-535 7404-104816 ZEBROSKI-BANKRUPTCY SRCH 25.00 _ TOTAL 4,672.00 av U`Ike.'t'-i ;�i{,i�"t r.`:� �t r�'ir- t:T• - .-�a- i'�''cu t�!'--i t�; ._tt..k.r +;-.s}ik` �-,k;iF''-'i• _.'7"Y, 4 7 fir• c rv ' "'�'.��A �i�_..L"iYfiAYe`rv�s9: ,'.^r�•;.^ ' r °'i azz:aa� � ;,�i},`;�i a'=(`'_zF• t�#�-•-r.'('r�-;}:t •r t;.`u�i,. - - to � ��'^r'. -F i?v,s. f•-F!'�'u.,• 3;°t � £•'.xr 4. -t.e-n-,-� cif'-f'� i^�'=4'�T-- • •S ••t h�tf�.0 .-;zc�='.:3.::,,a�T 6r.:.x_`t•�_•t` _�-o-i'.'r:,..�,^'f r.,z: Siff+-F•'��;+,:•�{.Q`r n"e�.Y,. � , t ,ss'�; r �ri r,=a`i.,,� ..• �.`-c�r'•:..}.tF.rd="• v 'ate .'vf _ ,{. �,t- ��r Y�`+"" `i a�: -r:>,J.S,-'�?.�`s,•c..x.cF FIa' - 'y :h';. �-:, 7,yi:3' -.4._S i � 3 t a,i+"`�tvF..; i'+.}'f _;t•'�. Yk?- ;y;.F •,Y a,y�+#F "'S�`,s,��•.N-+r `ir '--`.Ye A.}fyr „,'•-�c� 'r, ,y4. u'�kr'r'itr-•�x,.cr 1 \ 4LS-7 --gyp--: —emn-- •� Edfit r Vis'a TOWN N OF SOUTHOLD AUDIT,f_08/01/2,0,17--' 53095 MAIN ROAD,PO 80X,1179 - ' SOUTHOLD,NY 11971-0959 - - - CHECK NO,.,_133039- THE SUFFOLK CO.NATIONAL BANK CUTCHOGUE,NY 11935 DATE AMOUNT, ''1 ' 50.546/214 08/01/2017,•. 'f 2.01c, " FOUR THOUSAND SIX HUNDRED, SEVENTY' TWO'-AND 00%100 DOLLARS PAY FIDELITY NATIONAL TITLE INS CO TO THE 24 COMMERCE DRIVE = ORDEROF RIVERHEAD NY 11901 o4A�l ill 31330391° 1®0 2 1L.0546t,ea 63 000004 011® TOWN OF SOUTHOLD VENDOR 011451 MARY KOLAKOWSKI 08/01/2017 CHECK 133065 k. FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660 .2.600.100 17-535 080317 ZEBROSKI-TITLE CLOSR FEE 150.00 TOTAL 150.00 f.''• - �+`- .fig � - _ _ e a.,t N <F.rL.:3�!:1-�� +!t`'fit 1-'-- •1'=!�"t ";f's T+`.••<< %.>,�•'-r"•: tea• - 1" i", i , i .�;� -+.�" .}�H '�i;h L;t'_';•cs'a-,d•.' ��`,;rC-�s, �tt:�-�q 'i•K (j h':i:'rryi k:IT'i r-.'�n t+-� �.+rein��+�-xrz;.3�,-+'��`�" _,•tis,,, i r .'t - !•� of v"..y,:' y.GL^�;i•1T-Y� �'-t"'-.v tC 3+[_vi:,i=�u-� � •+ ' "1 $- r`r+r"�-3 P',ti,*C iarY'R+I'j"tz�?;-.-a s^.'i;'}•'3 -`� r 6 ::ntt-ar j.�*'_; G';v- :t.�:;+1•,wr t-^.i'"F+',�c'•r'''','..`_, .Yt.cUrhr 1`•{ i i a• r, ".R '`-is;'-T.'c+p.`c7::'-'x i+"'�^-�,l.et.l +�:1:�r.c g ."-•' t k. iii,. +.r„;u�� '�-..-•-` i.3--'_..*�-v.r--n,� -_ v,,L' r+. •.�ii�:jlaa �''n�'y i::l�:rC i�>1 t F? Y i e-F ' 3 .L V+ ^s�:ri.i'M yi,I t tN-H".,� ''S"s`^••�f-f;+iu--iato-1 2,24".2.NYic `;;l' 4 111 J, +Fa s=3• 'S •_ V. .r .,r:� y;:' ryi��``4x �'�+.k+;;L'`k�,3:�u dam--•Rig 4 r” .r `�� t•;fu; 4+�•,..r:n:;'k ..i ; { 4--i�o- .,t�y'4"5'� p A 1 a p p 8, 0 6'Y 0 8 O 4,,a e ' •I. {J. rt r � f f ._ TOW1V OF SOUTHOLD AUDITJ'08/01/,_2017 53095 MAIN ROAD,PO BOX 1,179, ay SOUTHOLD,NY 11971-0959 - CHECK,N0. x.3'3665 THE SUFFOLK CO.NATIONAL BANK i;i• CUTCHOGUE,NY 11935 DATE AMOUNT, , ;l 50-546/214 'O8/O1/2017 •- 50.QO I ONE-'HUNDRED-`FIFTY AND -00/166 DOLLARS = - `� ;. - - _' '• - - - - : ' o1DSl1FF01KloG•� -'- � ,-. ' . -, _ _ < "- ,� ;+7i PAY MARY_ICOLAKOWSKI ' TO THE _ V' i ORDER OF i v �-, _ n 2-1-4 u-7"_Mil o 51 :� R E C O R D E D E A S E M E N T I Ilillll IIII VIII VIII VIII VIII VIII VIII VIII IIII IIII 111111 VIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: EASEMENT Recorded: 08/30/2017 Number of Pages : 23 At: 04 : 04 :23 PM Receipt Number : 17-0150808 TRANSFER TAX NUMBER: 17-04044 LIBER: D00012927 PAGE: 629 District: Section: Block: Lot: 4" 1000 069. 00 01 . 00 008 . 002 EXAMINED AND CHARGED AS FOLLOWS weed Amount: $971,360 . 00 Received the Following Fees For Above Instrument 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 $388 . 75 TRANSFER TAX NUMBER: 17-04044 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County F110 Number of pages _ - � r��=LF'I•_r This document will be public ' record. Please remove all Social Security Numbers ' D0001-2927 prior to recording. r - E-14 I"'-u.,044 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Aint t 1. Basic Tax _ Handling 20. 00 2. Additional Tax _ TP-584 ��_ Sub Total Notation Spec/Assit. or EA-52 17(County) Sub Total — Spec./Add. EA-5217(State) a TOT MTG.TAX _ R.P.T.S.A ( oyr ®�yy�� Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 z� Transfer Tax °LXm Mansion Tax Affidavit y� -1 The property covered by this mortgage is Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 �� family dwelling only. Sub Total YES or NO Other '7� 1e. Grand Total If NO,see appropriate tax clause on page# of this instrument. -3- 4 T�ist o0 17029152 1000 06900 0100 008002 'Q 15 Community Preservation Fund 1►�II�111�6��11!!IIlIIII�I!lIIIIIlllllli{1!11111 �/ Real Property I I I Consideration Amount$ Tax Service (2D9-AUG-1 Agency CPF Tax Due $ Verification Improved Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land Q W/,d �' o �-t i- o "� TD �C)�'� / ' • 1 _l7 0��s L TD `1-7 9 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Coi-npany Information 310 Center Drive, Riverhead, NY 11901 Co.Name FIDELITY NATIONAL TITLE www.suffolkcountyny.gov/clerk Title# �� g Suffolk County Rec®rdin & Endorsement Page i J 1- 1-:�)!F-- 10 pr :_,i This page forms part of the attached I 3 1'5z �eqs IE --7— made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING ,a-oma-,oiuekk (over) f I� GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 3rd day of August, 2017 at Southold, New York. The parties are WILLIAM ZEBROSKI, JR., residing at 200 Gardiners Lane, P.O. Box 531, Southold, New York 11971 (herein called 'Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (herein called "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property located in the Town of Southold, Suffolk County, New York, identified as part of SCTM #1000-69-1-8 more fully described in SCHEDULE "A-1" attached hereto and made a part hereof and hereinafter referred to as the "Property" and shown on the survey prepared by Peconic Surveyors, P.C. dated June 11, 2015 and last revised July 13, 2017 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and -- - - - -- - -- ---- --___ H Rf-AS,—the Property-is7ocated--in--tlie A=C-Zoning -District of th-e Town of Southold; and WHEREAS, the Property contains soils classified as Class I and Class II 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 Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as defined in this Easement; and WHEREAS, the Property is currently planted in a cover crop; 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 1 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 WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an environmental, natural, scenic, agricultural, and aesthetic resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of NINE HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED SIXTY AND 00/100 DOLLARS ($971,360.00) and other good and valuable consideration paid to the Grantor, the receipt of which is hereby acknowledged, the Grantor does hereby grant, transfer, bargain, sell and convey to the Grantee a Development Rights Easement, in gross, which shall be binding upon and shall restrict the premises shown and - -designated as the Property h erein,--more particuTarly ounded and described in 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 Grantor, its 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 Grantor, for itself, and for and on behalf of its legal representatives, successors and assigns, hereby covenants and agrees as follows: 2 0.01 Grantor's Warranty Grantor warrants and represents to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under §64 of Town Law and §247 of the New York State General Municipal Law ("General Municipal Law") to acquire fee title or lesser interests in land, including 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 aDevelopment Rights Easement on the Property by Grantor to Grantee, exclusively for the purpose of preserving its character in perpetuity for its environmental, natural, scenic, agricultural, and aesthetic values 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 ("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 purposes of this Easement. 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 3 t ff f F I'p 1 rIl documenting such values as of the date hereof, to assist Grantor and Grantee with monitoring the uses and activities on the Property and ensuring - ;,' compliance with the terms hereof, Grantee has prepared, with Grantor's r` 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 Peconic Surveyors, P.C. dated June 11, 2015 and last revised July 13, 2017, and a Phase 1 Environmental Site Assessment dated June 20, 2017 by Cashin Technical Services, Inc. Grantor and Grantee acknowledge and agree that in the event a controversy arises with respect to the nature and extent of the Grantor's uses of the Property or its physical condition as of the 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 that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code of the Town of Southold (the "Town Code" or "Code") now, or as they may be amended, and including the production of crops, livestock and livestock products as defined in 4 r` t,f r - p f §301(2)(a)-(j) of the New York State Agriculture and Markets Law ("'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. 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 idled 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-huilding,--including-walkways. Structures shall not include trellis, posts and wiring, 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. Structures shall not include hunting blinds, goose pits or agricultural equipment as defined by the Agriculture and Markets Law. 1.03 Duration This Easement shall be a burden upon and 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 Grantor, Grantor's agents, tenants, occupants, heirs, personal representatives, successors and assigns, and all other individuals and entities and provides Grantee with the right to administer, manage and enforce the Easement as provided herein. The word "Grantor" when used herein shall include all of those persons or 5 �r r entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one of its v r subsequent agents, successors, and assigns, and the word "Grantor" and/or Grantee when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for NINE HUNDRED SEVENTY-ONE THOUSAND THREE HUNDRED SIXTY AND 00/100 DOLLARS ($971,360.00) 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 Easement in perpetuity, and undertakes to enforce it against Grantor. ARTICLE THREE PROHIBITED ACTS From and after the date of this Easement, the following acts, uses and practices shall be prohibited forever upon or within the Property: - - - --------- -- - ----- ---- ---- -- - - - --- - - -- ---- -- - ---- - -- -- 3.01 Structures No structures may be erected or constructed on the Property except after review by the Southold Town Land Preservation Committee ("Land Preservation Committee") for consistency with the Purpose and other terms of this Easement, and as permitted under other applicable provisions of the Town Code and Sections 1.02 and 4.06 of this Easement. 3.02 Excavation and Removal of Materials; Mininq The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to review by 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. The removal of topsoil, sand, or other materials from the Property is prohibited, nor shall the topography of the Property be changed, except in connection with normal agricultural/horticultural activities, all of which shall 6 t `t ft require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. r 3.03 Subdivision Except as provided in this Section 3.03, the Property may not be further subdivided pursuant to Town Law §§265, 276 or 277 or §335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the portion of the Property from which the development rights are acquired into two or more parcels, in whole or in part. Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by applicable law, modify or alter lot lines between the Property and adjacent parcels, or subdivide the Property, provided that all resulting parcels contain at least 10 acres of preserved agricultural land subject to a development rights easement or other conservation instrument. The provisions of this Section 3.03 are subject to further Declaration of Covenants and Restrictions, recorded simultaneously with this Easement. Notwithstanding this Section 3.03, upon the dissolution of Grantor, the untlerlyirig fee-interest may be divided-by conveyance of parts thereof to Grantor's successors and/or assigns or by operation of law. 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 allowed by the New York State Agriculture and Markets guidelines, and those 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 7 I fj))JP f JJ// = entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. r` 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage systems ("utilities') on the Property to service structures approved pursuant to §4.06 shall be prohibited without the prior written consent of the Grantee. Underground utilities must, to the extent possible, be constructed within 30 feet of the centerline of any roads or driveways, and may be used solely to service the permitted structures on the Property, or on adjoining properties subject to a developments rights easement or other conservation instrument. The parties acknowledge that the property is subject to a 50' wide utility easement recorded in Liber 1318, page 287, which easement area is improved with metal towers and high tension wires. 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; inc u ing but -not limited- riding 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)(a)-(j) of the Agriculture and Markets Law, now or as said §301(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial use. 4 Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on the Property. Under no circumstances shall athletic fields, golf courses or ranges, commercial airstrips and helicopter pads, motorcross biking, or any other improvements or activity inconsistent with current or future agricultural production be permitted on the Property. Grantor shall not establish or maintain a Lawn on the Property. 8 r r f rt rt i' �r I Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural management practices. 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 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 management practices and in order to control flooding or soil erosion on the Property. --- - ---- -------- --------- - --- -- -- - 3.1°0 Development Rights The use of the acreage of this Property for purposes of calculating lot yield on any other Property shall be prohibited. Grantor hereby grants to Grantee all existing development rights (and any further development rights that may be created through a rezoning of the 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 in Section 4.06, and the parties agree that any other such development rights shall be terminated and extinguished and may not be used or transferred to any other parcels. ARTICLE FOUR GRANTOR'S RIGHTS 4.01 Ownership Subject to the provisions of ARTICLE THREE, Grantor shall retain all other rights of ownership in the Property, some of which are more particularly described in this ARTICLE FOUR. 9 1 fr 4.02 Possession Grantor shall continue to have the right to exclusive possession of the 9 Property. 4.03 Use Grantor shall have the right to use the Property in any manner and for any purpose consistent with and not prohibited by this Easement, as well as applicable local, State, or federal law. Grantor 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, including, but not limited to farmstands and for educational or training programs related to agricultural production or activities. Grantor shall also have the right to use the Property for traditional private recreational uses, provided such recreational uses are conducted for ;. the personal enjoyment of Grantor, are compatible with farming, and are otherwise consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable law. These uses shall not be offered or provided for commercial purposes, including the commercial gain of Grantor or others. 4.04 Landscaping Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property as evidenced by the documentation set forth in Section 0.05. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees to maintain or improve the appearance of the property, and to-mow the property. Notwithstanding the above, Grantor is prohibited from establishing or maintaining a Lawn on the Property, as set forth in 3.07. 4.05 Agricultural Production and Activities Grantor shall have the right to engage in all types of agricultural production as the term is presently referenced in §247 of the General Municipal Law and/or defined respectively in Chapter 70 of the Town Code, now, or as they may be amended, and including the production of crops, 10 1 � � r� 4} 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 1 amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement. No future restriction in said laws and/or Code or limitation in the definitions set forth in said laws and/or Code shall preclude a use that is permitted under the current law and/or Code. Grantor 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 except as set forth in Section 4.06 herein and as permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands. 4.06 Structures A. Allowable Improvements. Grantor 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 review by the Land Preservation Committee, and such other approvals as required by the Town Code, 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 for the use and enjoyment of the Property and existing metal towers and high tension wires in the 50' wide utility easement area shown on the survey and subject to further provisions of easement recorded in Liber 1318, page 287; (ii) New construction, including drainage improvement structures, provided such structures are customarily incidental and subordinate to agricultural production; (iii) Renovation, maintenance and repairs of any 11 f existing structures or structures built or permitted i pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the safne general location, subject to the review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Notice Grantor shall notify Grantee, in writing, before the construction of any permanent or temporary structures as permitted in Section 4.06 herein and shall file all necessary applications and obtain all necessary approvals that may be required by this Easement or by the Town Code, and shall provide documentation as may be required for such applications. 4.08 Alienability Grantor shall have the right to convey, mortgage or lease all of its remaining interest in the Property, but only subject to this Easement. Grantor shall promptly notify Grantee of any conveyance of any interest in the Property, including the full 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 12 t page of the recording hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. r 4.09 Further Restriction Nothing in this Easement shall prohibit or preclude Grantor from further restricting the use, improvements or structures on the Property. Any such further restrictions shall be consistent with and in furtherance of the general intent and purpose of this Easement as set forth in Section 0.03. ARTICLE FIVE GRANTOR'S OBLIGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments, s subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and othLr governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 Indemnification Grantor 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 Grantor's actions or inactions, or from any taxes, levies or assessments upon it or resulting from this Easement, all of which shall be considered Grantor's obligations. 5.03 Third Party Claims Grantor shall indemnify and hold Grantee harmless for any liability, costs, 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 13 matters arising solely from the acts of Grantee, its officers, employees, f agents, or independent contractors. f 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 Grantor and Grantor's approval, not to be unreasonably withheld or delayed, and in a manner that will not interfere with Grantor's quiet use and enjoyment of the Property, for the purpose of inspection to determine whether this Easement and its purposes and provisions are being upheld. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 6.02 and 6.03, or to permit access upon the Property by the public. Q� 6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor 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 Grantor acknowledges and agrees that Grantee's remedies at law for any violation of this Easement may be inadequate. Therefore, in addition to, and not as a limitation of, any other rights of Grantee hereunder at law or in equity, in the event any breach, default or violation of any term, provision, covenant or obligation on Grantor's part to be observed or performed pursuant to this Easement is not cured by Grantor within thirty (30) days' notice thereof by Grantee (which notice requirement is expressly waived by Grantor with respect to any such breach, default or violation which, in Grantee's reasonable judgment, requires immediate action to preserve and 14 f f , t t protect any of the agricultural values or otherwise to further the purposes of f f' this Easement), Grantee shall have the right at Grantor's sole cost and expense and at Grantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the 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 purposes of this Easement; provided, however, that any failure, delay or election to so act by Grantee shall not be deemed to be a waiver or a forfeiture of any right or available r° remedy on Grantee's part with respect to such breach, default, or violation or with respect to any other breach, default or violation of any term, condition, covenant or obligation under this Easement. Grantor shall pay either directly or by 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. 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 mail, return receipt requested, with sufficient prepaid postage affixed and with return receipts requested. Mailed notice to Grantor shall be addressed to Grantor's address as recited herein, or to such other address as Grantor may designate by notice in accordance with this Section 6.04. Mailed notice to Grantee shall be addressed to its principal office recited herein, marked to the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by 15 ,r i I r notice in accordance with this Section 6.Q4. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of Grantor and Grantee, 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 0.03, extinguish or modify this Easement in accordance with applicable law. The mere cessation of farming on the Property shall not r; 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 the 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. In such event, the Grantor, its successors or assigns, shall not be required to pay any penalties, but the value of the Property shall reflect the limitations of this Easement. Any condemnation award payable to the Grantor shall be in proportion to the value attributable to the residual agricultural value of the Property. If the condemnation is undertaken by an entity other than the Grantee, then the remaining portion of the condemnation award shall be payable to the Grantee in proportion to the value attributable to the development rights transferred hereby. ARTICLE SEVEN MISCELLANEOUS 7.01 Entire Understanding This Easement contains the entire understanding between its parties concerning its subject matter. Any prior agreement between the parties 16 v e t f f t s `1 concerning its subject matter shall be merged into this Easement and superseded by it. t 7.02 Amendment This Easement may be amended only with the written consent of Grantee and current Grantor 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 shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under Internal Revenue Code §170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of §170(h). Any such amendment shall apply retroactively in the same manner as if such amendment or amendments had been set forth herein. 7.03 Alienation f 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 transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. 7.04 Severability 17 I ' d r Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within 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 purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except as otherwise recited herein, be construed at all times and by all parties to effectuate its purposes. 7.07 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 Acknowledgement of Charitable Contribution 18 t ; 0 /J • ?} f The parties recognize that Grantor intends to make a charitable contribution in connection with this Grant of Development Rights Easement. 7.09 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.10 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. 7.11 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grant of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: By: a, / WILLIAM ZEBR SKI, JR., Grantor ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Sco A. Russell, Supervisor 19 r f �r !r ttt STATE OF NEW YORK) COUNTY OF SUFFOLK), SS. On the :�5 day of August in the year 2017 before me, the undersigned, personally appeared William Zebroski, Jr., personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name (s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individuals) acted, executed the instrument. Signatur%ice of individual takin acknowledgement }GARY KOLAKOWSKI riafm r "UBLIC STATE OF NEW YORK STATE OF NEW YORK ) SUFFOLK COUNTY COUNTY OF SUFFOLK ) SS. LIC. #01K04870006!g ,LAMB, EXP. On this day of August in the year 2017 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(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. Signatur%fce of individual taking acknowledgement Nw l �'0k a 1Lo,,J S MARY KOLAKOWSKI NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY LIC. #01K04870006 COMM. EXP. i 20 .P d' f r Fi&Honr ]¢goncgR TF u .aTm raBn y` rn , 'nT>~.t±.NO.F'17-74':;4-10-1816-S-IFF R DULE -A,1 M'-,=NDED 7/17!2017 ALL that certain plot,piece or paroei of land, situate itz tic Tows,of Soll,Cnoid, Comity of Suffollc and State of New York bounded and described as follows: BEG fNINING at a southerly corner of premises herein described where said land intersects with the Northwesterly-side of lvfiddle 1�,'oad(mute 48)arid the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE, along said lands, North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete moni�nhent aatd the lairds noE or forrncriy cf Done Lederfajii,aid Ari PaDaro; -1'i-lE?SCE, along said lands and the southerly line of Hope Lane (Private Road) and lands now or fornherly of Joanna Adamis, North 45 degrees 44 minutes 00 seconds East 528.97 feet to a stake and Lot 4 to the Minor Subdivision for Doroski Family Limited P<vinershilt S-affolk County Filed Map Number: 11497; 'THENCE,along said lot, South 42 degrees 17 minutes 50 soconds East 1,396,37 feet to a stalce set; THENCE South 47 degrees 42 minutes '10 seconds Wczt 206.57 feet to a stake sot; THENCE South 42 degrees 17 minutes 50 seconds East 409.55 feet to the Northwesterly side of Middle Road(Route 48); TRENCE, along the Northvvesterly side of 'Vjiddle Road (Route 48), South 54 degrees 25 minutes 30 seconds West 340.90 feet to the point and place of ELGINN13N.G. ThT POLICY TO BE ISSUED under this vornralunent brill insure the dile to such buildings and improvements on the premises which by law constitute real property. FOR COI'Yes Y4WING ONL Y: Together with all the right, title and interest gffhe party ofthe j tr st part, of in and to the lend lying in the street in front of and adjoining said premises, SCHEDULER-1 (Description) Rev.(03,'04) SURVEY OF PROPERTY AT SO UTHOLD TOWN OF SO UTHOLD SUFFOLK CO UNT YI N.Y. 1000-69-01-08 SCU£I 1,1201 00 JULY OJ, IEA EMENT 0&RESERVE 0 S) AREAS) CY 2 r \ ,✓ pct \ ry rP `F Y'q„ O ` 4 11 llb 4 \ q q \ \ i er 1 �4\ q�q� ♦\ �N°i Z1 1�8 �'t d CERTIFIED TO �,a da,w" ` OQ•9 TOWN OF SOUTHOLD v° WILLIAM ZEBROSKI JRA FIDELITY NATIONAL TITLE INSURANCE SERVICES LLC sex NARROW RIVER ROAD, LLC r-" 4 —X—X—X—X—X- : EASEMENT AREA-20.060 ACRES RESERVE AREA-2.000 ACRES B°B961B iCCCWIL SUFKYOB9, C TOTAL AREA-22.060 ACRES PBgIB0.Y909)BCAX(BJIf sov°rN 1 r s Bii`15-144 C O V E N A N T S R E S T R I C T I O N S r 1 I f 1 1 F 111111111111111 IN IN 11111111111111111 IN IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 08/30/2017 Number of Pages : 7 At: 04 : 04 :23 PM Receipt Number : 17-0150808 LIBER: D00012927 PAGE : 630 District: Section: Block: Lot: 1000 069. 00 01 . 00 008 . 001 41 EXAMINED AND CHARGED AS FOLLOWS =:cei.ved, the Following Fees For Above Instrument Exempt Exempt Page/Filing $35 . 00 NO Handling $20 .00 NO COE $5 . 00 NO NYS SRCHG $15 .00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $8 . 75 NO RPT $400 . 00 NO Fees Paid $483 .75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 00 Number of pages Puc -LO u4;' - --4-. " -rl ,Ujr)TT!i q. This document will be public =LER;", OF record. Please remove all ;OFF-1i, Social Security Numbers L 1"110C-1- 2( prior to recording. P C70 Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording/Filing Stamps 3 FEES 2- 4 Page/Filing Fee 0rtgage Amt. 1. Basic Tax Handling 20 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or BA-52 17(County) Sub Total Spec./Add. EA-5217(State) TOT.MTG.TAX 7.P.T.S.AYDual Town Dual County_ u Held for Appointment Comm.of Ed. 5. 00 # Transfer Tax Affid:l 1.11". Mansion Tax Certified Copy �s The property covered by this mortgage is or will be improved by a one or twc 00Z4 family dwelling only. Sub Total YES- or NO Other Grand Total f TO If NO,see appropriate tax clause on page#-of this instrument. 494 Dist. 3466351 d-\Me c"i 5 1 Community Preservation Fund Real Property p T SConsideration Amount$ Tax Service R CWHA �II�� 1111111111111111 Agency 29-AUG-1 CPF Tax Due $ Verification 00 Improved 6 S atisfactions/Discharges/Releases List Property Owners Mailing Address RECORD &RETURN TO: Vacant Land ow"i � TD -b C TD c, 7 TD 4- Mail to:Judith A. Pascale, Suffolk CoAy Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name FIDELITY NATIONAL TITLE www.suffo[kcountyny.gov/clerk Title# �)--'?--7 - I 0-1 -9- 81 Suffolk County Recording & Endorsement Page This page forms part of the attached made by: (SPECIFY TYPE OF INSTRUMENT) JC S i The premises herein is situated in 7_� f,- SUFFOLK COUNTY,NEW YORK TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. /12-0104 10108kk Over p S Stat ID- 3466351 R CWH A �f 29-AUG-17 Tax Maps R District Secton Block Lot School District V�v/ 1000 06900 0100 008001 1000 06900 0100 008002 v DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION,made as of the 3rd day of August, 2017, by WILLIAM ZEBROSKI, JR., with an address of 200 Gardiners Lane,P.O. Box 531, Southold,New York 11971, hereinafter referred to as the "DECLARANT". WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property situate at 37875 County Route 48, Southold, in the Towns of Southold, County of Suffolk and State of New York designated as SCTM 91000-0691-8, and shown on a survey prepared by Peeonic Surveyors, P.C., dated June 11, 2015 and last revised July 13, 2017 (the "Survey"), a reduced copy of which is attached herebleand made a part hereof, and described as"Entire Parcel" in the metes and bounds description attached as Schedule "A" and made a part hereof(the"Property"); and WHEREAS,the Survey shows an"Easement Area" area of 20.060 acres and a"Reserve Area"of 2.000 acres, both described as `Basement Area" and"Reserve Area"respectively in the metes and bounds descriptions attached as Schedule A; and WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement dated August 3, 2017 for part of SCTM#1000-69-1-8; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easement, the Town Board of the Town of Southold(the"Town Board")has deemed it in the best interests of the Town of Southold(the"Town") and the Declarant and subsequent owners of the Property that the within covenants and restrictions be imposed on the Property, and, as a condition of the acceptance of the Grant of Development Rights Easement, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and has determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANT and subsequent owners of the Property; and NOW, THEREFORE,be it declared as follows: The DECLARANT, for the purpose of carrying out the intentions above expressed does hereby make known, admit, publish, covenant and agree that the Property shall hereinafter be subject to the covenants and restrictions.as set forth herein, which shall ran with the land and shall be binding upon all purchasers and holders of the Property,their heirs, executors, legal representatives, distributees, successors and assigns,to wit: DECLARANT shall not make an application for subdivision or.separation of, or for any other relief from the Town of Southold that would allow the subdivision of the Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. These covenants and restrictions shall be construed to be in addition to and not in derogation or limitation upon any local, state, and federal laws, ordinances, regulations or provisions in effect at the time of execution of this Declaration, or at the time such laws, ordinances, regulations and/or provisions may hereafter be revised, amended or promulgated. These covenants and restrictions shall be enforceable by the Town of Southold,by injunctive relief or any other remedy in equity or at law. The failure of the Town of Southold or any of its agencies to enforce same shall not be deemed to affect the validity of these covenants nor to impose any liability whatsoever upon the Town of Southold or any officer or employee thereof. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction, be adjudged illegal,unlawful, invalid or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. This Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth, This Declaration shall run with the land and shall be binding upon DECLARANT, his successors and assigns, and upon all persons or entities claiming under him, and may not be annulled, waived, changed, modified,terminated, revoked or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Town Board or its legal successor, following a public hearing. IN WITNESS WHEREOF,the DECLARANT above named has duly executed the foregoing Declaration the day and year first above written. d., ILZ �/r William Zebroski, Jr, STATE OF NEW YORK) ) ss.. COUNTY OF SUFFOLK) On the day of August, 2017, before me,the undersigned,personally appeared WILLIAM ZEBROSKI, JR.,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, and that such individual made such appearance beforqthe undersigned. GLS Notary Public (nn Ili laLou-►SIL i MARY KOIAKOWSKI NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY d' LIC.#01 K0 ,67 006 COMM.EXP. i" Schedule A Entire Parcel: ALL that certain plot,piece or parcel of land,situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE,along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE,along said lands and the southerly line of Hope Lane(Private Road) and lands now or formerly of Joanna Adamis,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; THENCE,along said lot,South 42 degrees 17 minutes 50 seconds East 1,830.37 feet to the Northwesterly side of Middle Road (Route 48); THENCE,along the Northwesterly side of Middle Road (Route 48),South 54 degrees 25 minutes 30 seconds West 548.90 feet to the point and place of BEGINNING, Easement Area: ALL that certain plot,piece or parcel of land, situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE,along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE,along said lands and the southerly line of Hope Lane(Private Road) and lands now or formerly of JoannaAdamis,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; THENCE,along said lot,South 42 degrees 17 minutes 50 seconds East 1,396.37 feet to a stake set; THENCE South 47 degrees 42 minutes 10 seconds West 206.57 feet to a stake set; THENCE South 42 degrees 17 minutes 50 seconds East 409,55 feet to the Northwesterly side of Middle Road (Route 48); THENCE,along the Northwesterly side of Middle Road (Route 48),South 54 degrees 25 minutes 30 seconds West 340.90 feet to the point and place of BEGINNING. Reserve Area: ALL that certain plot,piece or parcel of land,situate in the Town of Southold,County of Suffolk and State of New York bounded and described as follows: BEGINNING at a Easterly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the Southwesterly record line of lands now or formerly Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; RUNNING THENCE,along the Northwesterly side of Middle Road(Route 48),South 54 degrees 25 minutes 30 seconds West 208.00 feet to a stake set; THENCE North 42 degrees 17 minutes 50 seconds West 409.55 feet to a stake set; f - THENCE North 47 degrees 42 minutes 10 seconds East 206.57 feet to a stake set; THENCE,along the Southwesterly record line of lands now or formerly Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497, South 42 degrees 17 minutes 50 seconds East 434.00 feet to a stake set on the Northwesterly side of Middle Road(Route 48) and the point and place of BEGNINNING. SURVEY OF PROPERTY AT SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. 1000-69-01-08 + Y SCALE- 1=100' JUNE ll, 2015 JULY OJ, 2017(EASEMENT&RESERVE AREAS) ''•� ° `+\ JULY 13, 2017(REVISIONS) S �$�,�°,o-✓r'' ��y '/�.a •`\''0.e �4a4v to 1 ✓' CL rno'yj \\ \ x \ S&` c oP \ •i 41 os A CERTIFIED TO. 9a Q� TOWN OF SOUTHOLD WILLIAM ZEBROSKI JR. FIDELITY NATIONAL TITLE INSURANCE SERVICES LLC �x NARROW RIVER ROAD, LLC -X-X-X-X-X- •m mn EASEMENT AREA-20060 ACRES RESERVE AREA-2000 AG(RES 0 B61B pfpl t qv t[[naR>ms-timrusw t raft P[ttWiC SVRKKw;P C. (OJIJ)65-50)°fAY TOTAL AREA-22060 ACRES PO WA 90u '12JO �v [15-144 f J , 1 T I T L E P O L I C Y 0 Fidelity National Title Insurance Company "OLICY NO:NY-FRVH-SAM-2730632-1-17-104816 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 giver: the Company under this Policy must be given to lite Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B, AND THE CONDITIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY, a Florida 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 I 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, (W) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law; (v) a document executed under a falsified, expired,or otherwise invalid power of attorney; (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid (c) Any encroachment,encumbrance, violation, variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land The term "encroachment" includes encroachments of existing improvements located on the Land onto adjoining land,and 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 of any improvement erected on the Land, (c) the subdivision of land;or (d) environmental protection if a notice, describing any part of the Land, is recorded in the Public Records setting forth the violation or intention to enforce, but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 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 from a court order providing an alternative remedy, of a transfer of all or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy,state insolvency,or similar creditors'rights laws;or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency,or similar creditors'rights laws by reason of the failure of its recording in the Public Records (t) to be timely,or (d) 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 to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A The Company will also pay the costs, attorneys'fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY has caused this policy to be signed and sealed by its duly authorized officers. Fidelity National Title �Insurance Company BY �� U %aLE nYy� I �S I 4T E� President SEAL ATTEST Countersigned: Secretary Authorized Signatory ALTA Owner's Policy(6/17/06)w/New York coverage Lndorsement Appended 2730632(5/07) Fidelity National Title Insurance Company Policy No.: NY-FRVH-SAM-2730632-1-17-104816 Title No.: F17-7404-104816-SUFF SCHEDULE A Amount of Insurance: $971,360.00 Date of Policy: August 3, 2017 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 Development Rights Easement made by William Zebroski, Jr. dated August 3, 2017 to be recorded in the Suffolk County Clerk's Office 1. 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) (a) In all cases where this policy permits , 4uires the Company to will also pay those ce ttomeys'fees,and expenses incurred in accordance prosecute or provide for the defense of any action or proceeding and any with Sections 5 and 7 or these Conditions appeals,the Insured shall securd to the Company the right to so prosecute or 9. LIMITATION OF LIABILITY provide defense in the action or proceeding, including the right to use, at its (a) If the Company establishes the Title,or removes the alleged defect, option,the name of the Insured for this purpose Whenever requested by the lien or encumbrance,or cures the lack of a right of access to or from the Land, Dmpany,the Insured,at the Company's expense,shall give the Company all or cures the claim of Unmarketable Title, all as insured, in a reasonably asonable aid (i) in securing evidence, obtaining witnesses, prosecuting or diligent manner by any method,including litigation and the completion of any aefending the action or proceeding, or effecting settlement, and (ii) in any appeals,it shall have fully performed its obligations with respect to that matter other lawful act that in the opinion of the Company may be necessary or and shall not be liable for any loss or damage caused to the Insured desirable to establish the Title or any other matter as insured If the Company (b) In the event of any litigation,including litigation by the Company or is prejudiced by the failure of the Insured to furnish the required cooperation, with the Company's consent,the Company shall have no liability for loss or the Company's obligations to the Insured under the policy shall terminate, damage until there has been a final determination by a court of competent including any liability or obligation to defend, prosecute, or continue any jurisdiction,and disposition of all appeals,adverse to the Title,as insured litigation,with regard to the matter or matters requiring such cooperation (c) The Company shall not be liable for loss or damage to the Insured for (b) The Company may reasonably require the Insured Claimant to submit liability voluntarily assumed by the Insured in settling any claim or suit to examination under oath by any authorized representative of the Company without the prior written consent of the Company and to produce for examination, inspection, and copying, at such reasonable 10. REDUCTION OF INSURANCE; REDUCTION OR times and places as may be designated by the authorized representative of the TERMINATION OF LIABILITY Company, all records, in whatever medium maintained, including books, All payments under this policy, except payments made for costs, ledgers, checks, memoranda, correspondence, reports, e-mails, disks, tapes, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the and videos whether bearing a date before or after Date of Policy, that amount of the payment reasonably pertain to the loss or damage Further, if requested by any 11. LIABILITY NONCUMULATIVE authorized representative of the Company,the Insured Claimant shall grant its The Amount of Insurance shall be reduced by any amount the Company permission, in writing, for any authorized representative of the Company to pays under any policy insuring a Mortgage to which exception is taken in examine,inspect,and copy all of these records in the custody or control of a Schedule B or to which the Insured has agreed,assumed,or taken subject,or third party that reasonably pertain to the loss or damage. All information which is executed by an Insured after Date of Policy and which is a charge or designated as confidential by the Insured Claimant provided to the Company lien on the Title, and the amount so paid shall be deemed a payment to the pursuant to this Section shall not be disclosed to others unless, in the Insured under this policy reasonable judgment of the Company,it is necessary in the administration of 12. PAYMENT OF LOSS the claim Failure of the Insured Claimant to submit for examination under When liability and the extent of loss or damage have been definitely fixed oath, produce any reasonably requested information, or grant permission to in accordance with these Conditions, the payment shall be made within 30 secure reasonably necessary information from third parties as required in this days. subsection, unless prohibited by law or governmental regulation, shall 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT terminate any liability of the Company under this policy as to that claim (a) Whenever the Company shall have settled and paid a claim under this 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; policy,it shall be subrogated and entitled to the rights of the Insured Claimant TERMINATION OF LIABILITY in the Title and all other rights and remedies in respect to the claim that the In case of a claim under this policy,the Company shall have the following Insured Claimant has against any person or property, to the extent of the -dditional options amount of any loss,costs,attorneys'fees,and expenses paid by the Company. (a) To Pay or Tender Payment of the Amount of Insurance. If requested by the Company,the Insured Claimant shall execute documents To pay or tender payment of the Amount of Insurance under this policy to evidence the transfer to the Company of these rights and remedies The together with any costs,attorneys'fees,and expenses incurred by the Insured Insured Claimant shall permit the Company to sue, compromise, or settle in Claimant that were authorized by the Company up to the time of payment or the name of the Insured Claimant and to use the name of the Insured Claimant tender of payment and that the Company is obligated to pay. in any transaction or litigation involving these rights and remedies. Upon the exercise by the Company of this option, all liability and If a payment on account of a claim does not fully cover the loss of the obligations of the Company to the Insured under this policy, other than to Insured Claimant,the Company shall defer the exercise of its right to recover make the payment required in this subsection,shall terminate, including any until after the Insured Claimant shall have recovered its loss. liability or obligation to defend,prosecute,or continue any litigation (b) The Company's right of subrogation includes the rights of the Insured (b) To Pay or Otherwise Settle With Parties Other Than the Insured or to indemnities, guaranties, other policies of insurance, or bonds, With the Insured Claimant notwithstanding any terms or conditions contained in those instruments that (i) To pay or otherwise settle with other parties for or in the name of address subrogation rights an Insured Claimant any claim insured against under this policy.In addition, 14. ARBITRATION the Company will pay any costs,attorneys'fees,and expenses incurred by the Either the Company or the Insured may demand that the claim or Insured Claimant that were authorized by the Company up to the time of controversy shall be submitted to arbitration pursuant to the Title Insurance payment and that the Company is obligated to pay,or Arbitration Rules of the American Land Title Association("Rules") Except (u) To pay or otherwise settle with the Insured Claimant the loss or as provided in the Rules,there shall be no joinder or consolidation with claims damage provided for under this policy, together with any costs, attorneys' or controversies of other persons.Arbitrable matters may include,but are not fees,and expenses incurred by the Insured Claimant that were authorized by limited to, any controversy or claim between the Company and the Insured the Company up to the time of payment and that the Company is obligated to arising out of or relating to this policy, any service in connection with its pay issuance or the breach of a policy provision, or to any other controversy or Upon the exercise by the Company of either of the options provided for in claim arising out of the transaction giving rise to this policy All arbitrable subsections(b)(i)or(ii),the Company's obligations to the Insured under this matters when the Amount of Insurance is$2,000,000 or less shall be arbitrated policy for the claimed loss or damage,other than the payments required to be at the option of either the Company or the Insured All arbitrable matters when made, shall terminate, including any liability or obligation to defend, the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only prosecute,or continue any litigation when agreed to by both the Company and the Insured Arbitration pursuant to 8. DETERMINATION AND EXTENT OF LIABILITY this policy and under the Rules shall be binding upon the parties. Judgment This policy is a contract of indemnity against actual monetary loss or upon the award rendered by the Arbitrator(s)may be entered in any court of damage sustained or incurred by the Insured Claimant who has suffered loss competent jurisdiction or damage by reason of matters insured against by this policy 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE (a) The extent of liability of the Company for loss or damage under this CONTRACT policy shall not exceed the lesser of (a) This policy together with all endorsements, if any, attached to it by (i) the Amount of Insurance;or the Company is the entire policy and contract between the Insured and the (ii) the difference between the value of the Title as insured and the Company In interpreting any provision of this policy, this policy shall be value of the Title subject to the risk insured against by this policy construed as a whole. (b) If the Company pursues its rights under Section 5 of these Conditions (b) Any claim of loss or damage that arises out of the status of the Title and is unsuccessful in establishing the Title,as insured, or by any action asserting such claim shall be restricted to this policy (i) the Amount of Insurance shall be increased by 10%,and (c) Any amendment of or endorsement to this policy must be in writing (ii) the Insured Claimant shall have the right to have the loss or and authenticated by an authorized person, or expressly incorporated by damage determined either as of the date the claim was made by the Insured Schedule A of this policy ade a part of Claimant or as of the date it is settled and paid ,� (d) Each endorsement to this policy issued at any time is in y"(c) Iii aildition to the eztdt of ialiility under(ajand"(b),the Company 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) m , any of the terms and provisions of the policy, (n) 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 valid or unenforceable under applicable law,the policy shall be deemed not include that provision or such part held to be invalid, but all other p,ovisions 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 terms 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,WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Fidelity National Title Insurance Company,Attn• Claims Department,P O Box 45023,Jacksonville,Florida 32232-5023 ter_ ._� - —' ` ALTA Owners Policy(6/17/06)w/New York coverarle Endorsement 2730632(5707) _ _.__ T r Fidelity National Title Insurance Company 911 Policy No: NY-FRVH-SAM-2730632-1-17-104816 Title No.: F17-7404-104816-SUFF SCHEDULE A-1 Description AMENDED 7/17/2017 ALL that certain plot, piece or parcel of land, situate in the Town of Southold, County of Suffolk and State of New York bounded and described as follows: BEGINNING at a southerly corner of premises herein described where said land intersects with the Northwesterly side of Middle Road (Route 48) and the northeasterly record line of lands now or formerly of Hors N Around Realty Inc.; RUNNING THENCE, along said lands,North 41 degrees 45 minutes 30 seconds West 1,748.63 feet to a concrete monument and the lands now or formerly of Dorie Lederfajn and Ari Paparo; THENCE, along said lands and the southerly line of Hope Lane(Private Road)and lands now or formerly of Joanna Adamis,North 45 degrees 48 minutes 00 seconds East 528.97 feet to a stake and Lot 4 in the Minor Subdivision for Doroski Family Limited Partnership Suffolk County Filed Map Number: 11497; 'HENCE, along said lot, South 42 degrees 17 minutes 50 seconds East 1,396.37 feet to a stake set; THENCE South 47 degrees 42 minutes 10 seconds West 206.57 feet to a stake set; THENCE South 42 degrees 17 minutes 50 seconds East 409.55 feet to the Northwesterly side of Middle Road(Route 48); THENCE, along the Northwesterly side of Middle Road(Route 48), South 54 degrees 25 minutes 30 seconds West 340.90 feet to the point and place of BEGINNING. Schedule A-I(Description) -Owner's Policy _ _ _ _ Page 2 Rev (02/04) Fidelity National Title Insurance Company skill Policy Number:NY-FRVH-SAM-2730632-1-17-104816 Title No.: F17-7404-104816-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. £1. Receipt and Release in Liber 6357 Page 504. 2. The premises are a part of a larger tax lot. The taxes assessed against the premises must be apportioned and allocated since they presently cover the premises described in Schedule"A"herein and more. 3. Company excepts sewer charges that have not been specifically included on the tax report herein. 4. Survey made by Peconic Surveyors,PC dated 07/13/2017 shows: vacant land with metal towers and high tension wires; asphalt apron; 50 foot wide PSEG Easement traverses over portion of the northerly part of premises; variations between fences and northeasterly,northwesterly and southwesterly record lines. 5. Company excepts rights of utility companies to maintain or relocate metal towers and high tension wires as shown on the survey used herein. Policy excepts the rights of others to use said service. 6. Electric Easement in Liber 1318 cp 287. Schedule B Owner's Policy Page 1 Rev (02/04) Fidelity National Title Insurance Company STANDARD NEW YORK ENDORSEMENT (OWNER'S POLICY) Attached to and forming a part of Policy No.NY-FRVH-SAM-2730632-1-17-104816 of Fidelity National Title Insurance Company 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 BY ft'hq [tIt. r P President SEAL 7� *�D ATTEST Secretary STANDARD NEW YORK ENDORSEMENT(7-0142) FOR USE WITH ALTA LOAN POLICY(6-17-06) Fidelity National Title Insurance Company POLICY AUTHENTICATION ENDORSEMENT Attached to and made a part of Policy No.NY-FRVH-SAM-2730632-1-17-104816 of Fidelity National Title Insurance Company When the policy is issued by the Company with a policy number and Date of Policy,the Company will not deny liability under the policy or any endorsements issued with the policy solely on the grounds that the policy or endorsements were issued electronically or lack signatures in accordance with the Conditions. 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. DATED: August 3,2017. :ountersigned: Fidelity National Title Insurance Company BY iatE t� J � P r JF President SEAL ATTEST W BY:f&P Secretary TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) EXCLUSIONS FROM COVERAGE The following matters are expressly excluded fron,..,e coverage of this policy,and the Company will not pay 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, (ii) the character,dimensions or location of any improvement erected on the Land, (in) the subdivision of land,or (iv) environmental protection, or the effect of any violation of these laws,ordinances, or governmental regulations This Exclusion I(a)does not modify or limit the coverage provided under Covered Risk 5 (b) Any governmental police power This Exclusion 1(b)does not modify or limit the coverage provided under Covered Risk 6 2 Rights of eminent domain This Exclusion does not modify or Inuit the coverage provided under Covered Risk 7 or 8 3 Defects,liens,encumbrances,adverse claims,or other matters- (a) created,suffered,assumed,or agreed to by the Insured Claimant, (b) not Known to the Company,not recorded in the Public Records at Date of Policy,but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy, (c) resulting in no loss or damage to the Insured Claimant, (d) attaching or created subsequent to Date of Policy(however,this does not modify or limit the coverage provided under Covered Risk 9 and 10),or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. 4 Any claim,by reason of the operation of federal bankruptcy,state insolvency,or similar creditors'rights laws,that the transaction vesting the Title as shown in Schedule A,is (a) a fraudulent conveyance or fraudulent transfer,or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy 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 date 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 the (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 -'istinguished from purchase, including heirs, devisees, survivors, personal any litigation as set forth in Section 5(a) of these Conditions, (u) in case Tresentatives,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 Entity, the failure of the Insured Claimant to provide prompt notice,the Company's (D)a grantee of an Insured under a deed delivered without liability to the Insured Claimant under the policy shall be reduced to the extent payment of actual valuable consideration conveying the Title of the prejudice. (1) if the stock, shares, memberships, or other equity 4. PROOF OF LOSS interests of the grantee are wholly-owned by the named Insured, In the event the Company is unable to determine the amount of loss or (2) if the grantee wholly owns the named Insured, damage,the Company may, at its option, require as a condition of payment (3) if the grantee is wholly-owned by an affiliated Entity of that the Insured Claimant furnish a signed proof of loss The proof of loss the named Insured, provided the affiliated Entity and the named Insured are must describe the defect,lien,encumbrance,or other matter insured against by both wholly-owned by the same person or Entity,or this policy that constitutes the basis of loss or damage and shall state,to the (4) if the grantee is a trustee or beneficiary of a trust created extent possible,the basis of calculating the amount of the loss or damage by a written instrument established by the Insured named in Schedule A for 5. DEFENSE AND PROSECUTION OF ACTIONS estate planning purposes (a) Upon written request by the Insured, and subject to the options (ii) With regard to (A), (B), (C), and (D) reserving, however, all contained in Section 7 of these Conditions,the Company,at its own cost and rights and defenses as to any successor that the Company would have had without unreasonable delay, shall provide for the defense of an Insured in against any predecessor Insured litigation in which any third party asserts a claim covered by this policy (e) "Insured Claimant".An Insured claiming loss or damage adverse to the Insured This obligation is limited to only those stated causes of (I) "Knowledge" or "Known" Actual knowledge, not constructive action alleging matters insured against by this policy The Company shall knowledge or notice that may be imputed to an Insured by reason of the have the right to select counsel of its choice(subject to the right of the Insured Public Records or any other records that impart constructive notice of matters to object for reasonable cause) to represent the Insured as to those stated affecting the Title causes of action.It shall not be liable for and will not pay the fees of any other (g) "Land".The land described in Schedule A,and affixed improvements counsel.The Company will not pay any fees,costs,or expenses incurred by that by law constitute real property. The term "Land" does not include any the Insured in the defense of those causes of action that allege matters not property beyond the lines of the area described in Schedule A,nor any right, insured against by this policy title, interest, estate, or easement in abutting streets, roads, avenues, alleys, (b) The Company shall have the right, in addition to the options lanes,ways,or waterways,but this does not modify or limit the extent that a contained in Section 7 of these Conditions, at its own cost, to institute and right of access to and from the Land is insured by this policy. prosecute any action or proceeding or to do any other act that in its opinion (h) "Mortgage" Mortgage, deed of trust, trust deed, or other security may be necessary or desirable to establish the Title,as insured,or to prevent instrument,including one evidenced by electronic means authorized by law or reduce loss or damage to the Insured The Company may take any (i) "Public Records" Records established under state statutes at Date of appropriate action under the terms of this policy, whether or not it shall be 'olicy for the purpose of imparting constructive notice of matters relating to liable to the Insured The exercise of these rights shall not be an admission of eal property to purchasers for value and without Knowledge With respect to liability or waiver of any provision of this policy If the Company exercises its Covered Risk 5(d), "Public Records" shall also include environmental rights under this subsection,it must do so diligently protection liens filed in the records of the clerk of the United States District (c) Whenever the Company brings an action or asserts a defense as Court for the district where the Land is located, required or permitted by this policy,the Company may pursue the litigation to 0) "Title"-The estate or interest described in Schedule A a final determination by a court of competent jurisdiction, and it expressly (k) "Unmarketable Title":Title affected by an alleged or apparent matter reserves the right,in its sole discretion,to appeal from any adverse judgment ( rYohFthat rwould„permit a-prospective purchaser or lessee of the Title or lender on or order =the Tine to 6e ieleased from the obligation to 'purchase,lease,or_lend if there _6_ DUTY OF IiVURED-CLAIMANT TO COOPERATE 2730632(5/07) —A Owner's�'olicy(6%17/06)w/New York coverage Endorsement Appended za: Y S A G M K T S W A I V E R WAIVER NYS DEPARTMENT OF AGRICULTURE AND MARKETS The undersigned, owner of T 2-2-0 � acres of active farmland and/or_ acres of non- farmland, situated at Suffolk County Tax Map No. 1000-069-1-008.000 (p/o) that is proposed to be acquired by the Town of Southold in Suffolk County Agricultural District #1, pursuant to Section 305(4)(d) of the New York State Agriculture and Markets Law, hereby waive my right to require the Town of Southold to file with the Commissioner of Agriculture and Markets and the County Agricultural and Farmland Protection Board a Preliminary and Final Notice of Intent in accordance with paragraphs (b) and (c) of section 305(4) of the Agriculture and Markets Law. Project Sponsor Landowner TOWN OF SOUTHOLD SCO A. RUSSELL, Supervisor William Zebroski, Jr. 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) )ss: COUNTY OF SUFFOLK ) On the-3 day of August, 2017, before me personally appeared SCOTT A. RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual acted, executed the instrument and affixed the seal thereto by like ord r. MARY KOLAKOWSKI Notary Public fARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY LIC. #01 K04 70006 STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the day of August in the year 2017 before me, the undersigned, personally appeared WILLIAM ZEBROSKI, JR., personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacity, and that by their signature on the instrument, the individuals, or the person upon behalf of which the individuals acted, executed the instrument, and that such individuals made such appearance before the undersigned. Notary Public MARY KOLAKOWSKI NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY _ LIC.#01 K04870006 COMM.EXP. z- 2 ST Y®Rac Agriculture STATE OF OPPORTUN[TY aniMarkets ANDREW M. CUOMO RICHARD A. BALL Governor Commissioner September 15, 2017 Melissa Spiro Department of Land Preservation Town of Southold PO Box 1179 Southold, NY 11971-0959 RE: Waiver-Town of Southold, Suffolk County-Acquisition of an Interest in Land Dear Ms. Spiro: The Department has reviewed documentation submitted by The Town of Southold to waive the Notice of Intent filing requirements in Section 305(4) of the Agriculture and Markets Law in connection with the acquisition of an interest in land within Suffolk County Agricultural District No. 1. The documentation includes a waiver signed by William Zebroski, Jr. for approximately 22.06 acres of active farmland (Tax Parcel ID # 1000-069-1-008.000) located in the Town of Southold. The above waiver meets the requirements of Section 305(4)(d) and 1 NYCRR Section 371.8. Therefore, the Notice of Intent filing requirements in paragraphs (b) and (c) of subdivision (4) are deemed waived for acquisition of an interest land on the referenced parcel by the Town of Southold. Should the project encompass other parcels of more than one acre from an active farm, or ten acres or more from the district, the Section 305(4) Notice provisions could still apply to those parcels. You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision (4) does not relieve the Town of its obligation under paragraph (a) to use all practicable means in undertaking a proposed action to minimize or avoid adverse impacts on agriculture within agricultural districts. If you have any questions, please feel free to contact me. Sincerely, B SO Ph.D. Manager, Agricultural Protection Unit cc: Ken Schmitt, Chair, Suffolk County AFPB rj-1 - ;J�-r �U File No.: AP 17/045-W SEP 21 2017 DEPT.OF LAND Division of Land and Water Resources 1 1013 Airline Dr Albany, N Y., 122351518-457-8887 1 www agriculture ny gov OFFICE LOCATION: MELISSA A. SPIRO SO Town Town Hall Annex LAND PRESERVATION COORDINATOR �� 1 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 �l ® �� MAILING ADDRESS P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 1,2017 Robert Somers,Ph.D. Manager,Agricultural Protection Unit NYS Department of Agriculture and Markets 1013 Airline Drive Albany,NY 12235 Re: ZEBROSKI to TOWN OF SOUTHOLD SCTM#1000-69.-1-8 Dear Mr. Somers: _ Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by f i Southold Town Supervisor Scott A.Russell and William Zebroski,Jr. at a closing held on August 3,2017 -- for a development rights easement on farmland identified as part of SCTM#1000-69.-1-8.Details regarding this easement are as follows: GRANTOR: William Zebroski,Jr. GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 8/30/2017 LIBER: D00012927 PAGE: 629 LOCATION: 37875 County Road 48, Southold EASEMENT ACREAGE: 20.06 acres SUFFOLK CO TAX MAP#: fka 1000-069.00-01.00-p/o 008.000 nka 1000-069.00-01.00-008.002 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, A4ew--, Melissa Spiro Land Preservation Coordinator /md enc. 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)402-94051 F:(518)402-90281 landsforests@dec.ny.gov www.dec ny.gov October 3, 2017 Melissa Spiro Land Preservation Coordinator Town of Southold PO Box 1179 Southold, NY 11971-0959 Dear Ms. Spiro, We have received in our office the following conservation easement: CE Suffolk 640 Grantor: William Zebroski, jr. Deed: D00012927 Page 629 Filed: 8/30/2017 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. Please be sure the landowner is aware of the instructions CT242i paragraph under definitions starting with "Note." When contacting this office about this parcel, please use the assigned identifier. 1: Very truly yours, Nancy J.`Stock Real Estate Specialist 2 Bureau of Real Property OCT - 32017 DEPT.OF LAND PRESERVATION tiwroTy Depr= or r� Envlronmenental Conservation I L'_ OFFICE LOCATION: MELISSA A. SPIRO \\0 so Town Town Hall Annex LAND PRESERVATION COORDINATOR �� l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 Ol �� MAILING ADDRESS: �COU N�,� P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD October 4, 2017 William Zebroski, Jr. P.O. Box 531 Southold,NY 11971 Re: NYSDEC Conservation Easements Registry CE: Suffolk 640 SCTM#1000-69.-1-8.2 Dear Bill: Please be advised that the Town's purchase of a development rights easement on 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 along with a copy of the recorded Grant of Development Rights Easement. 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. Very truly yours, �I. �-� Melanie Doroski Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. SPIRO �'�'0fsoyo Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 lm Q Facsimile(631)765-6640 MAILING ADDRESS.. Olycoun P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail nancy.stock@dec.ny.gov September 1,2017 NYSDEC Bureau of Real Property 625 Broadway,5t'Floor Albany,NY 12233-4256 Attention: Nancy Stock,Real Estate Specialist 2 Bureau of Real Property Re: Conservation Easements Registry ZEBROSKI to TOWN OF SOUTHOLD Dear Ms. Stock: 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: GRANTOR: William Zebroski,Jr. GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 08/30/2017 LIBER: D00012927 PAGE: 629 LOCATION: 37875 County Road 48,Southold EASEMENT ACREAGE: 20.06 acres SUFFOLK CO TAX MAP#: part of 1000-069.00-01.00-008.000 n/k/a 1000-069.00-01.00-008.002 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, Melissa Spiro Land Preservation Coordinator enc. cc: William Zebroski,Jr. P.O.Box 531 Southold,NY 11971 P R O P E R T Y R E C O R D S WILLIAM ZEBROSKI,JR. to TOWN OF SOUTHOLD Part of SCTM #1000-69.-1-8 Development Rights Easement—20.06 acres Premises: 37875 County Road 48, Southold Closing took place on Thursday, August 3, 2017 at 10:00 a.m., Southold Town Hall Annex Supervisor Scott A. Russell and William Zebroski,Jr. r ; r r 4 �VFF�d� OFFICE LOCATION: MELISSA A.SPIRO Town Hall Annex LAND PRESERVATION COORDINATOR �.Z� G.f,� 54375 State Route 25 melissa spiro@town southold ny.us a ,t (corner of Main Rd&Youngs Ave) C* = Southold,New York Telephone(631)765-5711 W Facsimile(631)765-6640 O ® �� MAILING ADDRESS: P O Box 1179 www.southoldtownny.gov ®1 g Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD 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: August 3,2017 Re: ZEBROSKI to TOWN OF SOUTHOLD Part of SCTM#1000-69.4-8 Development Rights Easement 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: 37875 County Road 48,Southold SCTM#: part of 1000-69.4-8 PROPERTY OWNER: William Zebroski,Jr. CONTRACT DATE: June 7,2017 PURCHASE DATE: Closing took place on August 3,2017 PURCHASE PRICE: $971,360.00*(per contract) *The purchase price was substantially below the fair market value established by the Town's appraisal and intended by the seller to be a partial sale of development rights to the Town and a partial gift(bargain sale gift)to the Town. EASEMENT ACREAGE: 20.06 acres TOTAL PARCEL ACREAGE: 22.06 acres RESERVE AREA ACREAGE: 2.0 acres in southeasterly corner A Declaration of Covenants and Restrictions was recorded at the closing prohibiting the subdivision of the 2.0 acre Reserve Area from the area of the Property which is subject to the Grant of Development Rights Easement. ZONING: Agricultural-Conservation(A-C)Zoning District FUNDING: Community Preservation Fund(2%) cc: William Zebroski,Jr. Abigail A.Wickham, Esq. OFFICE LOCATION: MELISSA A. SPIRO ��'q so — Town Town Hall Annex LAND PRESERVATION COORDINATOR �O l0 54375 State Route 25 melissa.spiro@town.southold.ny.us (comer of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 Facsimile(631)765-6640 1 ® ,may® MAILING ADDRESS: �®U � P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 6, 2017 William Zebroski, Jr. 200 Gardiners Lane P.O. Box 531 Southold,NY 11971 Re: Grant of Development Rights Easement SCTM#1000-69.-1-8.2 Premises: 37875 County Road 48, Southold Dear Mr. Zebroski: On behalf of the Town of Southold, thank you for the Grant of Development Rights Easement transferred on August 3rd, 2017 to the Town of Southold (the "Town") as a Bargain Sale on property located at 37875 County Road 48, Southold,New York. In accordance with Section 170(f)(8) of the Internal Revenue Code of 1986, we hereby certify that the Town did not provide you with any goods or services in consideration, in whole or in part, for your contribution. Please retain this letter to document your charitable gift. We appreciate your patience during this course of transaction and we are happy that it came to a successful conclusion. Very truly yours, Melissa Spiro Land Preservation Coordinator A E R I A L S r ` r Aerial 2016 �7/ I� -- wp .,:�`� ^moi ` ♦ 7 r/ 1 w y .y r N � - 1 . `tet- �' ". � -� l � fi +y ' +� y,1 � �y � V Ar r _� . K )i�� ► � t �;,� ��, ` �,. •�� + 4 1 � "w. � � � � �, :1 y. � i �+ � ��`� M � r*�. '' *' +�� t,'` _ � .- � .. ��t.� fi S � I j �� ,' - 4�`", �,- �� - � rt�1. 7 � . .a r� � ti �:�_ ;.,� _ T ti -:, ,. y � . 1 1 S E ,. 1. J 's * .' OF 4k, JV J ir -IliNNI., `R r . q F 1 J� - 1 1 ' �'* !k`, .•..Cj 'rte ? .. � _ .,l rt I . � J �7' J ` x �+l1'y1� •! t • A 4 s 4 F } AI Vtr '�... fill y ' _ w 3 Aerial 2004 S U R V E Y SURVEY OF PROPERTY A T SOUTHOLD TOWN OF SOUTHOLD SUFFOLK COUNTY,\ N. Y, +\ 1000-69-01-08 FE., SCALE. 1 "=100 0.4E JUNE 11, 2015 JUL Y 03, 2017 (EA SEMEN T & RESER VE AREAS) CJ -�T °P hti�• �\ JULY 13, 2017 REVISIONS ( ) h L 6 k L/is'� J 11l 19 2017 p0 Pte\ 6� ��G++/ p ��c,\°� / \+ yjS DEPT.OF LAPD SGS °2 co°O �O xl. AN \ q \ IQ Ir \ Ftic� �,pstii o� \ \ \ \ RAX\ tii2 177 ROS O 8P O F ) CER TIFIED TO: TOWN OF SOU THOLD WILLIAM ZEBROSKI JR. FI DEL I T Y NA TI ONA L TITLE INSURANCE SER VI CES LLC tk 5� y NARROW RIVER ROAD LLCKEY A - STAKE ® - MONUMENT \ �� •-�-+�,� �C� `' - REBAR /� -Y.�Y-y—Y-Y® VGGn FENCE -G----o G- - POST &RAIL FENCE EASEMENT AREA = 20.060 ACRES , :�� . ANY C7ON 77ON OR THE NEW TO THIS SURVEY IS A VIOLA770N RESERVE AREA = 2 000 ACRES OF SEC710N 72090E THE NEW YORK STATE EDUCATION LAW. '�`X�Y- �:` .Y. LIC. N0. 49618 EXCEPT AS PER SEC77ON 7209-SUBDIVISION 2. ALL CER77RCA77ONS PECONT��SU�YEYORS, P.C. HEREON ARE VAUD FOR 7741S MAP AND COPIES THEREOF ONLY IF (631) 765-5020 FAX (631) 765-1797 SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR TOTAL AREA = 22.060 ACRES P.O. BOX 909 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N.Y. STREET 7 T 15-144 A E R 1 A L M A P Town {'1 r Great Pond Development Rights • • Long , , k � S Island ; L ° Soundlf . 1 William S . Zebroski , Jr s Peconic Du,les -r F µ O Pro C,�oAun tyPa►=k ; col # 1000 - 69 , - 1 - 8 £j A . County 1 Development r' County Rights `°o°� p a xv, Developmenit - � . W 4A` Rights F 3 Sound-View `7 Dunces Park ® y . ' C 0 d�` '14'0,0 ' - t v / Town a 9 Development v Rights ♦ ♦ �� v' QQ Town /D �0 e Town Development e .. y�o Rights row 40 a , 1 I y A 4 0<0-1 I !7— Y TO �, evelopment o y • , . O �� cow Rights --. O Q �1A910- .. SOS 'Zc°`- o'b mid ' �j h .p lootv . • • . - • • r, fir, k , + A o To. County • , • • • � �0r6� Development to Rights .l