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410 Sound Ave LLC (P. DiVello)
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'- - S-.l- - t`r _+ `..c �I_ - •l��s' _ ``�'r ,Ri' - , 1. _ l YXi• 4 1 =A n O Sound ve venue, :MO- ituck`r k:: J - - t _ ,rp -fit['_ - 'I •<i' :- ,., ',1 - - .� -_ � ,.rr , - •>`� _ t '`"` ''-= '^�` `i, - ;'�' t a',' -1, y. - -�f.,•-: tiY. .rt'� t}'•IY •<: _ �s S� _ 'tl _ _ f�a- ," e'a,: r�-i i,s,, _ 1.�•. ,, yt r , - •l' :f ' - - 7�68991''acres _D-�velo :meut Ri hts Easem 4�r -a.,.-1 _ T, rr _ , �_,''.,• `t,-,r'-,.f 1 , �`':, `( ,t�'_ r _ ` y- , 5.` {,. ._ �4 r 10 SO-UND:,AVENUE LL.C" ' _ - •r""-_ - 'S' - TO:VVN=OF: SOUTHO.LD,_ _ � _T,c 1,F' ,f 'f' _ _ ?Y' r f-' - 1••''t _ _ .,J �;,r ,.1• rl. y F .ltil _',-. - _ _l'-+ _ - .r-, �` �-•Rt,,_ - -ri,"-' 'c' - '1`,� __ ." k•"'<f, Jr-, 3, •,� 111: -- .✓x. ^,7' - _ i` _ _ `�. - ,5r•`, " - '4 E"asement.;'d'a-ted: -,,,: .: =Reeordedr: Se' to nb-e. r _.F '•,,,', ;S, iffolk;Couri" Clerk. .Liber.D00.0�13018 Pi `e '130 f <t t' tY _ -- - `s' .- 'P.�' -, ;i t;T. `.i;,:v ;ter - _ ..4�' •(, '-✓..•, - r.. :f. sr- -S.- ;, 1 t - _ fr r{ '•1` ' � '141 f� - , - St' •�..,,•_} , - 1 },•, ' " • �r. -- .'.`+c _ - rid _ "1ft. _ _ r••.��'-.J .k. - f-r 7, -_ ny 4-l� e - _ SCTM #: 1000-120.-3-p/o 11.8 Premises: 410 Sound Avenue Hamlet: Mattituck Purchase Price: $ 4829541.22 (706899 acres @ $62,750/buildable acre) Funding: Community Preservation Funds CPF Project Plan: Yes Total Parcel Acreage: 10.2532 acres Development Rights: 7.5899-easement acres Excluded Area: 2.5633 acres along Sound Ave includes gravel road, farm stand, shed, trailer, picket fenced area, cultivated field Zoned: A-C (Agricultural-Conservation) Existing Improvements: In May 2019 — none within easement area; cultivated field INTRODUCTION 16 SUBJECT PROPERTY PHOTOGRAPHS r• ap� 4 Ufi1�R�p6ef.ry BRUNSWICK APPRAISAL CORP. INTRODUCTION 17 SUBJECT PROPERTY PHOTOGRAPHS x s, w, BRUNSWICK APPRAISAL CORP. A P P R A I S A L M O T I O N APPRAISAL REPORT of 260 Sound Avenue Mattituck,Town of Southold, New York 11952 a/k/a District 1000 Section 120 Block 3 Lot 2 And 410 Sound Avenue Mattituck,Town of Southold, New York 11952 a/k/a District 1000 Section 120 Block 3 Lot 11.8 DATE OF VALUATION August 17, 2018 PREPARED FOR Town of Southold Department of Land Preservation Southold Town Hall Annex 54375 State Route 25 P.O. Box 1179 Southold, New York 11971-0959 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 c LAND PRESERVATION COMMITTEE MEETING Minutes & Discussion Notes from Meeting held Tuesday, January 8, 2013 at 7:00 p.m Members Present: John Sepenoski, Chairman Anne Murray Sam McCullough Maureen Cullinane Allan Connell Lillian Ball Eric Keil (7:10 p m ) Members Absent: None Also present: Melissa Spiro, Land Preservation Coordinator Melanie Doroski, Land Preservation Secretary Al Krupski, Town Board Liaison Stephen Searl, Peconic Land Trust(left(8:10 p.m.) Laura Klahre, Land Management Specialist(7.00-8:00 p.m.) James Richter, Town Engineer(7:00-8.00 p m ) Commencement: • The meeting began at 7:06 p.m. with six LPC members present. EXCERPT-FROM ADOPTED 1/8/2013 LPC MEETING MINUTES • SCTM #1000-120-3-2 & 11.8 (DiVELLO) Review of new PDR application Melissa presented PDR application, and her meetings with Patricia DiVello and her sons, John and James DiVello, including background information as to landowner's plans LPC favorable to moving forward on this application. The application offers the sale of development rights on two adjacent farm lots with 2± and 2 5± acres, respectively, excluded from the offer The LPC discussed and decided that the excluded areas should be required to remain attached to the areas subject to easement. MOTION made by Eric Keil, seconded by Lillian Ball, to direct Melissa Spiro as Land Preservation Coordinator to commission an appraisal on each of the DiVello properties (SCTM #1000-120.-3-2 and #1000-120-3-11 8) for the value of a development rights easement on the project plan presented Motion carried 7/0 r APPRAISAL REPORT Development Rights Easement of "DiVello Property" 260 Sound Avenue Mattituck, New York 11952 DATE OF VALUATION February 1,2013 PREPARED FOR Town of Southold Department of Land Preservation Southold Town Mall Annex 54375 State Route 25 P.O. Box 1179 Southold,New York 11971-0959 PREPARED BY Elinor Brunswick, MAI BRUNSWICK APPRAISAL CORP. P.O. Box 674 Rockville Centre, New York 11571-0674 E N V I R O N M E N T A L S U M M A R Y Phase I Environmental Site Assessment 410 Sound Avenue i Mattituck, New York NP&V Job # 19094 April 10, 2019 i CONFIDENTIAL AND PRIVILEGED C i i Phase I Environmental Site Assessment 410 Sound Avenue 1.0 SUMMARY The subject property has been inspected and reviewed independently by Nelsons, Pope &Voorhis, LLC in order to determine potential environmental or public health concerns. This report is intended to identify Recognized Environmental Conditions (as defined in Standard Practice for Environmental Site Assessment; ASTM E 1527-13 and United States Environmental Protection Agency (USEPA) Standards and Practices for All Appropriate Inquiries (AA1I)) on the subject property based on four(4)components of a Phase I Environmental Site Assessment(ESA):records review, site reconnaissance, interviews and evaluation and reporting. Appendix A provides a statement of limiting conditions. Appendix B includes the resumes of key per Ionnel. The subject property lies in the Hamlet of Mattituck, Town of Southold, County of Suffolk, New York. The subject property consists of a 7.7t portion of the overall 10.3 acre parcel of land located on the south side of Sound Avenue, approximately 0.3 miles west of Aldrich Lane and 0.7 miles east of Herricks Lane. The subject property may be more particularly described as 410 Sound Avenue, Suffolk County Tax Map # 1000-120-03-11.8. The subject property consists an undeveloped parcel of land that is currently utilized as farmland. The subject property consists of vacant farmland that does not have any structures located on the property. No irrigation well or pump engine were observed on the subject property. There was no evidence of discharge, staining, areas of stressed vegetation, residue of oils or other toxic substances, pools of discharge, petroleum or chemical odors, or other such indiclators noted during the site reconnaissance. i Aerial photographs from 1938, 1940, 1947, 1957, 1962, 1969, 1970, 1976, 1985, 1994, 2006, 2009, 2006, and 2017 were reviewed to determine if any prior uses occupied the subject property. The subject property was farmland in all of the aerials. Historical topographic maps from 1903, 1904, 1943, 1947, 1956 and 2013 were available for the subject property and surrounding area. The subject property was identified as vacant land in all of the maps. An extensive government records search did not identify any sources of environmental degradation on the subject property. Several Federal, State and County documented regulated sites were noted in the vicinity of the subject property. Specifically, no active and two (2) closed Leaking Underground Storage Tank(LUST)incidents as well as no active and five(5)closed spill incidents were located within one-half(0.5) mile of the subject property. There is one (1) Petroleum Bulk Storage (PBS) facility and one (1) RCRA Generator located within one-quarter;(0.25) mile of the subject property. q I F% NELSON POPE 6VOOPI-MS LL? ENVIRONV+ENTAL•PLfJVNI�.CCNSIATttV� 4 i I 410 Sound Avenue,Mattituck Phase I ESA A Tier 1 Vapor Encroachment Condition (VEC) Assessment was conducted as part of this Phase I ESA, due to the proximity of several spill incidents. The assessment was conducted in accordance with the methods and procedures outlined in ASTM E2600-15, Standard Guide for Vapor Encroachment Screening on Property Involved in Real Estate Transactions. For this assessment, under conditions where the direction of groundwater flow can be ascertained, critical search distances are used to determine if a VEC exists. Specifically, the following distances are applied to the Tier I Assessment: Up;zradient Sources 1,760 feet for Chemical of Concern(COC) 520 feet for petroleum hydrocarbons Cross-gradient Sources 365 feet for COC 165 feet for petroleum hydrocarbon LNAPL sources & 95 feet dissolved petroleum hydrocarbon sources with plume considerations Down-gradient Sources 100 feet for COC/petroleum hydrocarbon LNAPL sources 30 feet dissolved petroleum hydrocarbon sources A review of the regulatory agency database report provided for the subject property did not identify any regulatory sites with documented conditions that could potentially result in environmental impacts. Based on the information reviewed, it is concluded that a VEC can be ruled out because it does not exist or is not likely to exist. This assessment has identified the following with respect to recognized environmental conditions, controlled recognized environmental conditions,historic recognized environmental conditions and de minimus conditions in connection with the subject property, subject to the methodology and limitations of this report. No recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No controlled recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No de minimus conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. No historic recognized environmental conditions were noted on the subject property based on the site reconnaissance, interviews and regulatory agency records review. N*LSPa=E 6 VO 'S LLL OI ENVIRVv�NTAL•F-A114 INi•CANuIATING Page 2 of 26 410 Sound Avenue,i\4attituck Phase I ESA NP&V has performed a Phase I Environmental Site Assessment in conformance with the scope and limitations of ASTM Practice E 1527-13 and USEPA AAI for the subject property, located at 410 Sound Avenue, in Mattituck New York. Any exceptions to, or deletions from, this practice are described in Section 11.0 of this report. In conclusion, this assessment has not revealed any evidence of recognized environmental conditions, controlled environmental conditions, de minimus conditions or historic environmental conditions in connection with the subject property, subject to the methodology and limitations of this report. t WR . +n .E ICHIZVFNTAL NG C=NSULTING Page 3 of 26 � i��y� �r � ♦ IFS. 410 Sound Avenue,Laurel own IIical view 1 1 o Irri_ation e1 /ment ZK Typical1 property 1 equipment 410 Sound Avenue.Laurel z. cl ri ation a ui ment Typical view of property h L h 1 C� Iry <} o A � �f/ 45� e y r, SOUMd A,C d pVe A ar" Sp�� Odd" 4 oy Sources:Esri,HERE,Garmin,USGS, Intermap, INCREMENT P,NRCan, Esri Japan,METI,Esri China(Hong Kong), Esri Korea,Esri(Thailand), Sh" NGCC,©OpenStreetMap contributors,and the GIS User Community FIGURE 1 LOCATION 410 Sound Ave. Laurel N N6L:lc7v.PC.1PE6 V9LF++i9 LLt: Source: ESRI Web Mapping Service 1 EMnROVWEWAL•PLAk4 4Q-COMEw.LTNG mil - Phase I ESA Scale: finch = 700 feet 9, N 5 M IL } B, w �'e I.ALI i. e. } Esri,HERE,Garmin,©OpenStreetMap contributors FIGURE 2 AERIAL PHOTOGRAPH 410 Sound Ave. Laurel N evW-1--b LUL; Source: NYS Orthophotos, 2016 Phase I ESA Scale: 1 inch = 200 feet +t a •�': " �' 'eco % 0 Yi h9� • t d% Csp � b N • 0 I + rr _✓ Eqn, E,Garmi r ap contributors FIGURE 3 LAND USE MAP 410 Sound Ave. Laurel J N "K>" d sem» S LLLSource: NYS Orthophotos, 2016 1 ENV Orrv1EMAL•FI.MN<NG•CONS_ILTNG �Vr- Phase I ESA Scale: 1 inch = 600 feet OC S }� ZONIN%outhold AC Only —. AHD � - B - HB y LB Town of LI Southold MI Legend dA Mill Town of Riverhead Zoning R-40 0+ ®(APZ)Agricultural Protection R$0 ? 222(RA80)Residence A-80 RC +•� (RB80)Residence B-80�•J ?rot®clod O Project Site 6fi,HERE,Garmin�©UO'StreetMap con4 i ut( - - tE, armin,USGS,Intermap, INCREMENT P,NR a Q HamletCenter;ri hina(Hong Kong), Esri Korea,Esri(Thailand), -p—„—.—ap contributors,and the GIS User Community FIGURE 4 w ZONING MAP 410 Sound Ave. Laurel NlL.csCXN�s v<�1S LLL: Source: Town of Southold, Mattituck/Laurel N ENVWKY%r.1EWAL•FL00,NG•COnF TNG Zoning, 2016 Phase I ESA Scale: 1 inch = 1,000 feet +1 HaA- Haven loam, o 2% slopes RdA- Riverhead sand oam, 0 to 3% slopes RdA dA RdA HaA RR rdi Sources:Ari,HERE?Garmin,USGS, Intermap, INCREMENT P,NRCan, Esri Japan,METI,EsrfiChina(Hong Kong),Esri Korea,Esri(Thailand), NGCC,©OpenStreetMap contributors.and the GIS User Community FIGURE 5 w SOIL MAP 410 Sound Ave. II' Laurel Source: ESRI Web Mapping N ��xxv.c.�6��.«s W.; P P 9 Service, NRCS ENV,ROI EWAa .FLMr,^G.cC*,r-LrNK. Soils Suffolk County, NY Phase I ESA Scale: 1 inch = 200 feet P U B L I C H E A R I N G RESOLUTION 2019-166 oQ�30•�y,� ADOPTED DOC ID: 14907 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-166 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWNIBOARD ON .FEBRUARY 12, 2019: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preseryation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tuesday, February 26, 2019, at 4:30 pm, 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 410 Sound Avenue,LLC.,Said property is identified as part of SCTM#1000-120.-3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7t acres (subject to survey) of the 10.3±acre parcel. ' I The exact area bf 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 $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars) for the 7.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2. The property is-listed on the Town's Conu-nunity Preservation Project Plan as propertyt at should be preserved due to its agricultural and aquifer recharge area values. hereby given that a more detailed descri FURTHER NOTICE is y g tion of the above mentioned P parcel of land is on file in Land Preservation Department, Southold Town Halle Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Elizabeth A. Neville Southold Town Clerk 1 RESULT: ADOPTED [UNANIMOUS] 1 MOVER: William P. Ruland, Councilman SECONDER:Louisa P. Evans, Justice 1 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, February 26, 2019, at 4:30 pm, 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 410 Sound Avenue, LLC. Said property is identified as part of SCTM#1000-120.-.3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation(A-C)Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7E acres (subject to survey) of the 10.3E 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. The easement will be acquired using Community Preservation Funds. The purchase 'price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars)for the 7.7E acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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: February 12, 2019 BY THE ORDER OF THE SOUTHOLD TOWN BOARD Elizabeth A. Neville SoutholdTown Clerk PLEASE PUBLISH IN THE FEBRUARY 21,2019 EDITION OF THE SUFFOLK TIMES AND PROVIDE ONE(1)AFFIDAVIT OF PUBLICATION TO THE SOUTHOLD TOWN CLERK'S OFFICE, PO BOX 1179, SOUTHOLD,NY 11971. SOUTHOLD TOWN BOARD PUBLIC HEARING February 26, 2019 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 6:39 PM COUNCILMAN GHOSIO: What I would like to do is open the first two hearings on this preservation, these two properties because they are adjacent and related, they just had to be submitted under separate corporation names, so I am just going to read one of the notice of public hearings for both and we will open them both up at the same,time. 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, February 26, 2019, at 4:30 p.m., Southold Town Hall, 53095 Main Road, Southold, New York as the time and place for a public hearinL, for the purchase of a development rijZhts easement on property owned by MDH, LLC. Said property is identified as part of SCTM #1000-120.-3-2. The address is 260 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 1230 feet west of Aldrich Lane in Mattituck,New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 8.0± acres (subject to survey) of the 10.6± 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. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $502,000.00 (five hundred two thousand dollars) for the 8.0± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the east and identified as SCTM 41000-120.-3-11.8. Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 2 The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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. 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, February 26, 2019, at 4:30 pm, 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 410 Sound Avenue, LLC. Said property is identified as part of SCTM #1600-120.-3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7± acres (subject to survey) of the 10.3± 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. The easement will be acquired using Community Preservation Funds. The purchase price is $62,750 (sixty-two thousand seven hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars) for the 7.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus,acquisition costs. This acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural and aquifer recharge area values. 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. I have a notarized affidavit that these hearings have been advertised on the Town Clerk's bulletin board and on the Town website. I also have a copy of the legal notice from the Suffolk Times. That's it. MELISSA SPIRO: Melissa Spiro, Land Preservation Coordinator. As noted the public hearing involves two adjacent properties and the hearing is for the town to acquire development rights easements on each parcel for agricultural purposes, using the Community Preservation Fund. The easement acquisitions will occur simultaneously. The farms are shown on the map in front Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 3 in red. Each parcel is excluding just over two acres and preserving the rest of the farm. One of the excluded areas includes the farmstand known as Patti's Berries. The final purchase price of each easement will be based on the survey acreage and that's a purchase price from the CPF of $62,750 per buildable acre. Both of the farms are 100%prime ag soils and are, I believe,'100 % actively farmed. The existing preserved farms are labeled in white on the map, there are preserved farms adjacent to and in the vicinity of the property. The property, the western most property is on the border of Southold and Riverhead. Just within the Town of Southold, within a mile radius of the farm, there are over 300 acres of already existing preserved farms through either the town or the county's development.rights programs. There's also some open space around Laurel Lake which you can't see on that map exceeding hundreds of acres. The landowners and I had talked on and off again about preserving these farms for many years and I really would like to express my thanks to the family for working with the town now to preserve their very important farmland. Preservation of this farm is supported by the Land Preservation Committee and it is recommended that the Town Board proceed with the projects as proposed. SUPERVISOR RUSSELL: Thank you. Who else would like to address the Town Board on this particular hearing? BENJA SCHWARTZ: Good evening, Benja Schwartz, Cutchogue. One 'hundred percent actively farmed, is this the MG certified,organic farm that we are discussing? MS. SPIRO: No, it is not. MR. SCHWARTZ: Oh, because apparently there is an organic farm that's either one of the subject properties or directly opposite.... MS. SPIRO: No,that's on the north side of Oregon Road. MR. SCHWARTZ: Is it right next to, really? Okay, my google made a mistake. MS. SPIRO: Yes, I believe so. MR. SCHWARTZ: The reason I asked that is actively farmed, you know, I mean farming, there's many, many ways of farming and some of them are highly respectable and admirable and others lead to dust bowl and on Long Island to Temik and contamination, pollution of our aquifers. So originally the CPF (inaudible), the Town of Southold began purchasing farmland to preserve the farmland and it was thought that we had to just grab it and then we'd figure out later what means what was said tonight for agricultural purposes. Are the specific, particular covenants and restrictions that are proposed to be included in the subject easements available on line,without traveling to the Land Preservation office? MS. SPIRO: The particular easement for this is still part of the confidential review part, but you can look online at any,of the past 'development rights that we have purchased and they are the same easement. Development Rights Easement 410 Sound Ave LLC and MDH LLC February 26, 2019 Public Hearing page 4 MR. SCHWARTZ: Well, you know, you can look at past ones and if they are the same, why not show us this one? And in addition to that, I believe there are open meeting laws that when a proposal like this is put before the Town Board that the confidentiality is no longer active and in fact, if the town is able which I believe this town is able-they do post the agenda online, there should be a way (inaudible) the relative documents right from the agenda. But it's critical issue is, what exactly, what are the agricultural purposes that we are talking about. The generality in describing, defining such purposes leads to disputes and confusion and people do things they shouldn't do just because they don't know what to do and if it was part of the particular covenants that the farm would be required to be certified organic, then I think it would be a significant bonus to the town to look into properties that not only promise to stay in farming but in farming that is not harmful to the environment. In fact, done properly, I think organic farming can be a benefit to the environment. Thank you. SUPERVISOR RUSSELL: Thank you. Would anybody else like to address the Town Board on this particular public hearing? COUNCILMAN RULAND: Yes, I would just like to reiterate what Melissa said and it goes to the comments at the previous hearing. This is at the gateway to the border between the Town of Riverhead and the Town of Southold. When you transition the corridor, when you come from Riverhead, you can see how much that corridor has changed. When you come across the town line, the picture that is going to be there as far as we can plan I think is something that is beneficial to the entire town and the fact that a farmer is going to farm it I think is the most important issue. Farming today is driven by sound agricultural practices and no one is going to knowingly going to do something that's detrimental or is going to harm someone. Agriculture is in one sense very succinct and in other sense you are rolling the dice when it comes to the weather and pestilence and things that you have no control over. But when we look beneath that and say, the land is preserved, I think this is the goal and going forward I think should continue to be the goal. And when you cross the town line, especially eastbound, this is what you see first and you will continue to see that for a long time. SUPERVISOR RUSSELL: I am also going to second that and say that I think you will find that the agricultural community are excellent stewards of the land as best they can. If we get into the habit of micromanaging how they run their business, we might see the end of the PDR program and that's bad, bad precedent of policy for the town. JUSTICE EVANS: Motion to close the hearing. This hearing was closed at 6:51 PM Elizabeth A. Neville Southold Town Clerk S E Q IZ A P U R C H A S E R E S O L U T I l�T RESOLUTION 2019-212 ADOPTED DOC ID: 14954 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2019-212 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 26, 2019: 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 410 Sound Avenue, LLC on the 261h day of February, 2019, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-120.-3-11.8. The address is 410 Sound Avenue in Mattituck. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York; and WHEREAS, the proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7f acres (subject to survey) of the 10.3± 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 $62,750 (sixty-two thousand seventy hundred fifty dollars) per buildable acre, estimated at $483,175.00 (four hundred eighty-three thousand one hundred seventy-five dollars) for the 7.7± acre easement. Purchase price will be adjusted at time of closing based on final survey acreage determination, plus acquisition costs; and WHEREAS, this acquisition is contingent upon a simultaneous closing on the sale of a development rights easement to the Town on an adjacent farm parcel situated directly to the west and identified as SCTM#1000-120.-3-2; 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 and aquifer recharge area values; 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 Resolution 2019-212 Board Meeting of February 26, 2019 WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold 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 410 Sound Avenue, LLC, identified as part of SCTM#1000-120.-3-11.8. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront ConsistenLV 'TRP Review) of the Town Code and the LRP and the Town Board has determined that this action is consistent with the LWRP. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Robert Ghosio, Councilman SECONDER:William P. Ruland,'Councilman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Evans, Russell Updated: 2/26/2019 3:08 PM by Lynda Rudder Page 2 OFFICE LOCATION: �Zf S1110 MAILING ADDRESS: Town Hall Annex �� 0 0 P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Q Telephone: 631765-1938 Southold, NY 11971 • a0 P CoU ,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 1 To: Town of Southold Town Board FEB 2 1 2-Ofq � I From: Mark Terry, AICP DEPT OF LAPD LWRP Coordinator Date: February 21, 2019 Re: Proposed Purchase of a Development Rights Easement on Property Owned by 410 Sound Avenue, LLC SCTM #1000-120.-3-11.8. Location: 410 Sound Avenue in Mattituck The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 7.7± acres (subject to survey) of the 10.3± acre parcel. The property is located in the Agricultural-Conservation (A-C) Zoning District and is situated on the southerly side of Sound Avenue approximately 925 feet west of Aldrich Lane in Mattituck, New York. 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 {A Mp 1c, 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 Name of Action,dr Project: Town Purchase of a Development Rights Easement 410 Sound Avenue,LLC Project Location(describe,and attach a location map): P/O SCTM#1000-120-3-11.8 410 Sound Avenue,Mattituck Brief Dbscription of Proposed Action: Town purchase of a development rights easement on 7 7+/-acres of a 10 3+/-acre property for agricultural purposes Name of Applicant or Sponsor: Telephone: (631)76571800 Southold Town Board E-Mail: Address: Southold Town Hall City/PO: State: Zip Code: Southold tar 111971 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 11may 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 government Agency? NO YES If Yes, list agency(s)name and permit or approval: ❑ 3. a.Total acreage of the site of the proposed action? 7.7+/-acres b.Total acreage to be physically disturbed? o acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? -45+/-acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban ® Rural(non-agriculture) ❑ Industrial ❑ Commercial m Residential(suburban) ❑Forest m Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page I of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ ❑✓ ❑ b. Consistent with the adopted comprehensive plan? ❑ ❑✓ ❑ NO YES 6 Is the proposed action consistent with the predominant character of the existing built or natural landscape? ❑ Z 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: Z ❑ NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present-levels? ❑✓ ❑ b. Are public transportation services available at or near the site of the proposed action? ❑✓ ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed Elaction? Lv I 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: Z ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑✓ ❑ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has.been determined by the ❑ Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for listing on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for ❑ archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 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? ❑✓ ❑ b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ YMpaP.. ii.'T ice ` If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: Y.rai» Page 2 of 3 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 ©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 by the State or NO YES Federal government as threatened or endangered? [21 ❑ 16. Is the project site located in the 100-year flood plan? 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? ❑ ❑ ' b. Will storm water'discharges be directed to established conveyance systems(runoff and storm drains)? ❑ If Yes,briefly describe; - 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention-pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe:_ ❑ 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: Z ❑ I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Melissa Spiro ' Date: Z Zd Signature: Title:Southold Town Land Preservation Coordinator PRINT FORM Page 3 of 3 Agency Use Only[If applican�ble] Project: l.11 ID S o VN C k Date: Short Environmental Assessment Form Part 3 Determination of Significance For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration, irreversibility,geographic scope and magnitude. Also consider the potential for short- term, long-term and cumulative impacts. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. Check this box if you have determined,based on the information and analysis above,and any supporting documentation, L�I that the proposed action will not result in any significant adverse environmental impacts. Scti.Axlbx�_ l o %..>., V-6��W- . a aro lv Name of Lead Agency Date SG �C7v��n Sv�t�PryiSy� Print or Type Nam Respo Bible Officer in Lead Agency tle of Responsible bOfficer Signature of Responsible Officer in Lead Agency Signature Preparer(if differ fro esponsible Officer) PRINT FORM Page 2 of 2 C L O S I N G S T A T E M E ' N T CLOSING STATEMENT 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD part of SCTM #1000-120.-3-11.8 Total Development Rights Easement— 7.6899 acres Total Parcel Acreage — 10.2532 acres Excluded Area — 2.5633 acres Premises: 410 Sound Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 2:30 p.m., Southold Town Hall Annex Purchase Price of $482,541.22 (based upon 7.6899 buildable acres @ $62,750 per buildable acre) disbursed as follows: Payable to 410 Sound Avenue, LLC $ 482,541.22 Wire transfer to IPX1031 New York (7/25/2019) Expenses of Closing: Appraisals Payable to Brunswick Appraisal Corp $ 1,250.00 Check #117026 (3/26/2013) Payable to Brunswick Appraisal Corp $ 1,250.00 Check #137184 (10/9/2018) Survey Payable to Peconic Surveyors, P.C. $ 2,950.00 Check #139551 (6/4/2019) Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC $ 1,050.00 Check #139413 (5/21/2019) Title Report #7144175 Payable to Stewart Title Insurance Company $ 2,938.00 Check #139903 (7/16/2019) Title insurance policy $ 1973 Recording easement $ 420 Certified copy of easement $ 150 Recording C&R's $ 325 Certified copy of C&R's $ 70 Title Closer Attendance Fee Payable to Mary Kolakowski $ 150.00 Check #139902 (7/16/2019) Those present at Closing: Scott A. Russell Southold Town Supervisor Lisa Clare Kombrink, Esq. Attorney for Town of Southold Patricia DiVello Seller John DiVello Seller's son Patricia C. Moore, Esq. Attorney for Seller Mary Kolakowski Title Company Closer Melissa Spiro Land Preservation Coordinator Melanie Doroski Sr Administrative Assistant Completed Wire Details Page 1 of 4 Peoples United Bank' Completed Wire Details Detail for Confirmation Number 3925023339 Debit Information Template name IPX Wire type. Domestic wire Account. Town of Southold Agency&Trust-`0099 Security code* ""' Effective date- 07/25/2019 Amount: $482,541 22 Currency USD Entered by KHIGHTOWER Entry date/time 07/25/2019 0707 38 AM(ET) L//� LLC- Transmitted LC- Transmitted by: RUFUS2016 T� / Transmit date/time 07/25/2019 09 11 AM(ET) Status: CONFIRMED Confirmation number 3925023839 Reference number 20190725B1 B7GM1 F000333 Recipient Information Bank ID type- ABA BanklD. 042000314 Bank name. FIFTH THIRD BANK Bank address 1: CINCINNATI Bank address 2: OH Bank address 3: Recipient account: 7026695630 Recipient name: 'INVESTMENT PROPERTY EXCHANGE SERVIC Recipient address 1 4210 RIVERWALK PKWY,SUITE 200 Recipient address 2 RIVERSIDE,CA 92505 Recipient address 3 Additional information for recipient OBI REF fbo EX-12-23366-ML,410 SOUND AVE,LLC First Intermediary Information Bank ID type: BanklD Intermediary account- Bank name- Bank address 1 Bank address 2. Bank address 3: Second Intermediary Information Bank ID type BanklD Intermediary account https:Hpeoplesunited.ebanking-services.conuNubl/WireNiews/Wire_Transaction_Details.... 7/29/2019 To Page 3 of 4 2019-05-22 13.47:58 EDT IPX1031 -New York From:IPX1031 New York 84 Business Park Drive,#109 Armonk, NY 10504 (877)230-1031 Phone `3 (888)310-1868 Fax InVestmeot Property maNbel.lembert@ipxl03l.com Exchange Services,Inc www.ipxl03l.com WIRING INSTRUCTIONS May 22,2019 To: Patricia C. Moore, Esq. Escrow#: Email: pcmoore@mooreattys.comtnargaret@mooreattys.com Qualified Intermediary: Investment Property Exchange Services,Inc.,a California corporation Exchange No. EX-12-23366-ML Exchanger: 410 Sound Avenue, LLC Investment Property Exchange Services, Inc. is acting as the Qualified Intermediary for the above-referenced Exchanger. Please wire transfer only (do not deposit a check into this account; we do not accept ACH credits)the net proceeds of sale(i.e.Exchange Funds)to: NOTE: These Wiring Instructions will NOT change. Account Name: Investment Property Exchange Services, Inc. Account Address: 4210 Riverwalk Pkwy, Suite 200, Riverside, CA 92505 Account No.: 7026695630 OBI Reference: fbo EX-12-23366-ML, 410 Sound Avenue, LLC Bank Name: Fifth Third Bank Bank Address: 38 Fountain Square, Cincinnati,OH 45263 ABA No.: 042000314 Do not use this account number for any other transaction without authorization from the undersigned. Please reference the Exchanger's last name and exchange number to insure proper credit. If you have any questions,please call us. Sincerely, Investment Property Exchange Services,Inc.,a California corporation,as Qualified Intermediary under Exchange No.EX-12-23366-ML Maribel Lembert Assistant Vice President,Exchange Coordinator 1 Wiring Instructions to QI Fifth Third 8.2095 0 Investment Property Exchange Services,Inc.,2015—AO Rights Reserved Stewart tits Title No., 7144175 Real parmers.Real poWb111t1mTm Invoice No. 714417501 Invoice Date 07/10/2019 12:12 PM CLOSINGI ' Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Date/Time 7/25/2019 2.30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation Southold Town-Dept of Land Seller Attorney Patricia C.Moore,Esq. Preservation-54395 Route 25, Southold,NY 11971 Transaction Type Easement with Insurance Sale Amount $482,54122 Loan Amount $000 REFERENCE INFORMATION Property Address 410 Sound Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 120.00, Block 03.00,Lot part of 011.008 Property Type Commercial,Vacant County Suffolk Seller 410 Sound Avenue,LLC Buyer/Borrower Town of Southold SERVICES1 1 PREMIUM: Fee Insurance(Liability Amount:$482,541.22) $1,973.00 $1,973.00 ENDORSEMENTS: SEARCH FEES: State-Certificate of Good Standing $300.00 $300.00 2 RECORDING FEES: xxx Recording Fees $620.00 $620.00 2 Subordination Agreement Qpgs) SUFFOLK COUNTY-MORTGAGE VERIFICATION FEE- $400.00 $40000 $200 00 per document Recording Fees $965.00 $965.00 Easement Agreement w/TP-584(23 pgs)$420 00 Certified copy of Easement$150.00 C&R w/TP-584(7 pgs)$325.00 Certified copy of C&R$70.00 TAXES:(TRANSFER/MANSION/NIORTG AGE) Peconic Bay Regional Town Transfer Tax($8.150.82) . EXEMPT(See exemption claimed on tianster form NYS Transfer Tax(usually paid by seller)($1.932.00) EXEMPT(See exemption claimed on transfer form Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 1 of 3 White Plains,New York 10604 Attn Accounting Stewart titles Invoice No.714417501 Realpartners. Real poss/bilitles.TM' ADDITIONAL: Additional Fee($200 00) M Title Closer Services NOTE:Please pay directly to closer -SUBTOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $4,258.00 $2,938.00 51,320.00 $0.00 Taxable at 8.625%. *x Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT IDISCLAIMER PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: 1. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance 2. Estimated Invoice.We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time. 3. Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium;all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100.00 will be invoiced for each hour or part thereof at time of closing If closing is 2 hours or less,please strike See TIRSA Rate Manual Section 2(G):"The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant." 5 Adjournments:Title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing An adjournment fee of$200.00 will be invoiced Nvhen the title closer has appeared at closing but closing is adjourned. For our Schedule of Fees please refer to our website www Stewart conn/nvmetro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains New York 10604,Attn Accounting TOWN OF SOUTHOLD VENDOR 005409 ELINOR BRUNSWICK, MAI 03/26/2013 CHECK 117026 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT H3 .8660.2.500.200 25301 1000-25 LLO APPRAISAL 50.00 H3 . 8660.2.500.200 25301 1000-25 DIVELLO APPRAISAL-SND AV 1,250.0 TOTAL 2,500.00 CD cnY` f( I j a 1 .^a . '.,ea��;;���.R:Rp�Gt"�F aph 4M1L'ptiV`�.�tv.•VF3P,y'la�:'iw.4,q:;.,'�,°.'£�^`ate" lfya*•, �ttlu. s.y.a „��k�,...����y,,. i :�..., i�Yu-°'�%Yoy�(sV4u,..'aluyr^1a'hAa"<,.g��yy, �:`c"�TM��a" �a".'".�c.'Es*M ��acu p .• "'°t 'R+,,"q`�`�ar9��' 'h�t."e`«.: �. # ���1?y ��OJ�sai`'cy . mi�ar .•�3`. � •ay"rt�F'c�"»�'�,�'"_.:`�a.. 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"' y�,u�r-: w.'�'�'."` `' '`�"fi�`�'""'��5�'�`iF`l� �H���•• e;�".. ,5�-= .r�i.�,�,v=uL•:�+"^•uc; •-,:s`�q-'�'azrL,�c.-e.�E •x,�n�« u.�,�'��'+�;11d ��F 3-'�,1,yS,��•+, Sx� s�`�`x. _�,. ����^=•v� �^"�c.�,d' � t3m.•�, +�a„ •�,.� .�. avx•, rr �� .,-,Y :`'°y�,�`?';_` �;��--�,'� ;"� �;,; �",'�b�.:';;e "..:•��•�:,'u' BRUNSWICK APPRAISAL CORP. REAL ESTATE APPRAISERS AND CONSULTANTS P.O.BOX 674 ROCKVILLE CENTRE,NEW YORK 11571-0674 (516)608-8877/(631)421-2344 FAX(631)424-9246 e-mail: elinor@brunswickappraisal.com Elinor Brunswick,MAI Armand Brunswick,MAI State Certified General Appraiser 1881-1960 Sanford S.Brunswick 1922-2013 October 1, 2018 Town of Southold Department of Land Preservation Southold Town Hall Annex 54375,State Route 25 P.O. Box 1179 Southold, New York 11971-0959 Attention: Melissa A. Spiro, Land Preservation Coordinator RE: 260 Sound Avenue, Mattituck "West Property" 1000-120-3-2 410 Sound Avenue, Mattituck"East " 1000-120-3-11.8 INVOICE-10 - Appraisal Report $2,500 G °>iECETW�-� D Thank You OCT - 32018 DEPT.OF LAND FPE)ERVAT10f Si TO_ WN OF SO UTHOLD VENDOR 005409 ELINOR BRUNSWICK,' MAI 10/09/2018 CHECK 13,7-184 a, i FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.500.200 31891 1000-36 ' 'APPRAISALS'-P.DIVELLO 2,500.00 I 3 TOTAL 2,500.00 do Em 12� 125 O I i-II I L r'14�'•[` _ �Yia7 n�i`1 •' . l� ^�'2 -" - i 1;. 14 t • ,� I .r T'_+,� �=� 61-e a� ri av/-{{�'�' R ..�__ •I�© !�r I' _ VO r:�( P_ !i 11'}�i;r�t+iffl1yJ11 •r 'iii-+.' ' `-• Y UL I}F�1ll 51;lit 1T{� e I f r ' , i I � 1 ti's 1 I '',-y t r•. � ,fir' If i I !.� � 0 • O 0 D- 0 B O B 0 D , 4j ' s n TOWN OF SO UTHOLD _ AUDI 2�;7 0/0 9'/ 53095-MAIN-ROAD,PO BOX 1179 ._, 'sourrtoto:Nv'1'is?,i-os6s Cilltck' NO; ' ( THE SUFFOLK CO.NATIONAL BANK' • CUTCHOGUE:NY 11935 "DATE AMOUNT 5osa6�z1`4 1, ,]0%09'/'20'16 ;i :r$2i;,5©0 0'0 i + TATOTHOi7`S FIVE' HUNDRED; AND 00100"''bOLLARS';'; ''- „ _ r ; a' r`' - 'L:.1'I i^ •' - ,t'. - _ mf Re PAY, ELIOOR BRUNSWICK, MAI t • Y'OTfIE ItgRtJIJSWIGK Fi'P.PRAISAL' CORP ., �' 'I• _ ; OD$R' PO=Box-J 74 P�„ = oy�•' ate . r,; ' "' _ ,I ROCKVIL•LE'CENTRE NY 11571 :: ' 013718411' 1:0214054641: 63 000004 011' is PECONIC SURVEYORS, P.C. Invoice SOUTHOLD,NY 11971 Date Invoice# PO BOX 909 1230 TRAVELER STREET 5/15/2019 3963 Bill To TOWN OF SOUTHOLD LAND PRESERVATION DEPT. 54374 RT 25 PO BOX 1179 SOUTHOLD NY 11971 P.O. No. Terms Project 19-020 Net 30 /ll � Ave LLC Quantity Description Rate Amount 1 SURVEY FOR DEVELOPMENT RIGHTS EASEMENT 410 SOUND AVENUE 2,950.00 2,950.00 LLC,SCTM#1000-120-03-11.8 RECOVED MAY 2 8 2019 LAND PRESERVATION DEPT Town of Southold appreciate your prompt payment. Phone# Total $2,95000 631-765-5020 TOWN OF SOUTHOLD VENDOR 016144 PECONIC SURVEYORS, P.C. 06/04/2019 CHECK 139551 1 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 33210 3962 SURVEY-MDH, LLC-8.0 ACRE50.00 ;{ CM .8660.2.600.100 33211 3963 VEY-410 SOUND AVE 2,950_ 1 f� 5, 900.00 • ' I f lye_ F• i. i .1—'.r-.�i� ,�it',1�",.`�',zsY �•,�tiw,�<__,r..,,•,y?},1�•y l li 1 �• 4 j� .tsr •f Illt'+.h_, ry,i�:r� yil, ( tI r it ).a 1 ,..1 i.1•w,�' , E'- t1�7 #Ii; �r :1.1:'..r+,,�'1�!la w'Iri �, 1 l (ar r•> :yL`-•—.7�� � �•'k.G�ht�=_�'��'—"•"'^•' �I 1, —ice+'h'�a _ •� •V,- I t 1 ` tet. a'1 ri -'—' l.'•,� -•T 1. _ {•}I _ , I tyy,�U•�, ' 11 1 _ _ 1 • ' I 1 � I•'t I 1 1 OD'r'..`)y� D �tStfO �D i P 0 .�J (�wj/• D, 9 I, } TOW_N'OFSOU-THOLD -AUDIT 06/04/i'9 1 , 53095 tAAIN ROAD,PO BOX 1179 'SOUTHOLD,,NY:11971-0959 - CHECK NO. - THE SUFFOLK CO.'NATIONAL BANK' I j { CUTCHOGUE,NY,11935 DATE AMOUNT } :! 5o5c67zid' 06/04/2019, _ .;• '$5;90;0.00; �F.IVE' -,THOUSAND NINE HUNDRED -AND 00/100.'D0 IsARS=. �SjyfFOC',��, - PAY, PECONIC SURVEYORS,, P.C. 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"r, '•: .k;� .N• 1.,h•l,q'•pwt 51,.',t' }^ ,a Y S f>F t7 �•�.,•.:i .'s 4,_t `r" - - _ 'r'3_;' '1`r,• :>,s = 't'; � s�S .`�•Y' .j• t ' 6r ;sr •r;ck & c•r" �.fi'Jt�,ga. �riYz.-,�'e•-c='f.�y�,iy31,lys�;�..�.t-r�gc ,'iF• :`�c` ..�=;;,�7y;..•q<. -��7 :d'i ',n� .':`• :,Y �;,',f :,F M F�.•:t:},iik. Y3. .,�,;,� ,,�, "< ' t,i r.�':•t•j,:.,.,••t'�. .:,�x{'•ry,(•- ;!:w^4:t «•::ai'S t'1?thf.41* t,i�T, `•q�.. ::k:X•r£. ti•~ •'{':'. �• `zap:�r,-• d • ''ty`i.;"'jt,;;;'• :+ ;'^!�• r.�Y:i-1 i"^ �fs: .r,tY •.,; "y _ ;�4• ,' .�._ . RR ISCOMOVED •,�_���... _ , f"•M •�":1_ �1ic` tom' 'Y:” ',�' M AY 1 5 2019 LAND PRESERVATION DEPT Town of Southold All invoices are due net 30 days. A late charge of 1%per month will be added to any unpaid balance after 30 days. c TOWN OF SOUTHOLD , VENDOR 014161 NELSON POPE & VOORHIS, LLC 05/21/2019 CHECK 139413 i FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2.600.100 33214 18957 PHASE 1 ESA-2 17 1 CM .8660.2.600.100 33213 18958 PHASE 1 ESA-410 SOUND AV 1,050.00 TOTAL 2,100.00 47'., r,! Lit `.• a 'fie==K;rp•' ., , e. ! I - a,in: li_�r111�; t ii• �•�'_1_„5,-' .,— '7ru� ob 17 I '• ,..� �'fr.f -^t c ,R�:S_il.•t,cirr '��q,,; •y-Y- ., t� I, .• i I I' I I I , • I ` I I •) '1 I r , • t 1 1 I ' I +�i`3'..fiY 0 e••� d '\ t 0 O •,yDi.:�`� C ei G! 0 i O IUL��=t�:u; ERE .:1 ,. S. i 't ' r TOWN OF SOUf'HOLD ' AUDIT 05/21/2019' - _ 53095 MAIN ROAD.PO BOX 1179 - SOUTHOLD,NV 11971-0959 • _ _ CHECK -NO. 139413 t - THE SUFFOLK CO.NATIONAL BANK ` . _ - CUTCHOGUE;Nv 11935 DATE • AMOUNT - 50'-548121405/21/2019' " $2,100.00 ;TWO THOUSAND. ONE;HUNDRED AND 0 0/1 O 0 DOLLAR'S•',;' 2, ; ' EF01xc ` i PAY NELSON POPE & VOORHIS, LLC o TO THE •572 WALT. WHITMAN ROAD o „� �A u 1 ORDER MELVILLE NY,-'1i1747'OF ' 11:0 2 1L,0 5L, 6 4s: 6 3 000004 0i� C-tewa t tits Title No. 7714 7144175 Real partners.Real posslbllltles.T°" Invoice No. 417501 Invoice Date 07/10/2019 12.12 PM CLOSINGI O' I Title Closer Mary Kolakowski Applicant Melanie Doroski Closing Date/Time 7/25/2019 2:30 PM Lender N/A Closing Location Southold Town-Dept.of Land Lender Attorney N/A Preservation Southold Town-Dept.of Land Seller Attorney Patricia C.Moore,Esq. Preservation-54395 Route 25, Southold,NY 11971 Transaction Type Easement with Insurance SaleAmount $482,541.22 Loan Amount $0.00 REFERENCE O' 1 Property Address 410 Sound Avenue,Town of Southold,City of Mattituck,State of NY,District 1000,Section 120.00, Block 03.00,Lot part of 011.008 Property Type Commercial,Vacant County Suffolk Seller 410 Sound Avenue,LLC Buyer/Borrower Town of Southold i SERVICES PROVIDED c.. 1Wmm PREMIUM: Fee Insurance(Liability Amount.$482,541.22) $1,973.00 $1,973.00 ENDORSEMENTS: SEARCH FEES: State-Certificate of Good Standing $300.00 1 $300.00 2 RECORDING FEES: --- Recording Fees $620.00 $620.00 2 Subordination Agreement Qp,-s) SUFFOLK COUNTY-MORTGAGE VERIFICATION FEE- $400.00 $400.00 $200 00 per document Recording Fees $965.00 $965.00 Easement Agreement A,/TP-584(23 pgs)$420.00 Certified copy of Easement$150.00 C&R w/TP-584(7 pgs)$325.00 Certified copy of C&R$70.00 TAXES:(TRANSFER/NIANSION/MORTGAGE) Peconic Bay Regional Town Transfer Tar($8 150.82) EXEMPT(See exemption claimed on translet tint m NYS Transler Tax(usually paid by seller)($1.932 00) EXEMPT(See exem prion claimed on transfct loin) Please remit payment to Stewart Title Insurance Company 711 Westchester Avenue Suite 302 Page 1 of 3 White Plains New York 10604 Attn Accounting Stewart titlO Invoice No.714417501 Real partners. Real posslbi11tlesT1*' ADDITIONAL: Additional Fee($200 00) Title Closer Services NOTE.Please pay directly to closer -SUBTOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 SALES TAX TOTAL: $0.00 $0.00 $0.00 $0.00 TOTAL: $4,258.00 $2,938.00 $1,320.00 $0.00 Taxable at 8.625%. **Party responsible for payment Please remit a copy of this invoice with your check made payable to Stewart Title Insurance Company. CHECKS PAYABLE TO STIC AMOUNT CHECKS PAYABLE TO OTHER AMOUNT DISCLAIMER PLEASE READ THE FOLLOWING IMPORTANT INFORMATION: I. IMPORTANT:The attached"Consumer Acknowledgment of Title Insurance Premiums,Fees,and Service Charges"must be reviewed and signed by all buyers,borrowers,sellers,lenders,or their authorized representative(s)at time of closing and/or issuance of the policy of insurance. 2. Estimated Invoice.We provide our estimates,as stated,based on the information we receive from the parties and usually without having been provided final documentation to be used at closing.Should there be a"change in circumstances"as defined in RESPA rules,Stewart Title reserves the right as allowed under the RESPA rules to revise our estimated closing costs at any time. 3 Refinance:If this is a refinance within ten(10)years,you may be entitled to a reduced premium.The estimated invoice may not reflect the reduced premium_all applicable reductions will be calculated upon review of title,as required by the TIRSA Rate Manual. 4. Additional Hour Fee:For all closings that exceed two(2)hours,a fee of$100 00 will be invoiced for each hour or part thereof at time of closing if closing is 2 hours or less,please strike. See TIRSA Rate Manual Section 2(G)"The Company may impose additional charges for closing attendance in excess of two hours and for any closings extending beyond normal business hours and where additional attendances are necessary or travel arrangements and distance warrant." S Arjournments:-title and tax continuation fees will be invoiced as applicable for closings adjourned less than 24 hours from time of scheduled closing. An adjournment fee of$200.00 xvill be invoiced iNhen the title closer has appeared at closing but closing is adioured. For our Schedule of Fees please refer to our«ebsite \v\v\v stewart.conm/nvmetro Please remit payment to Stewart Title Insurance Company,711 Westchester Avenue,Suite 302 Page 2 of 3 White Plains New York 10604 Attn Accounting =" •110 ` 00000 9 :"19 `t50ti120:1 •11� 01313UI u do `V090T 7,N°SNIV7-d 311HM • ,,N�ChlO ,� ' • - '� c _ • _ , 70� S.LI�S ''SA�f°2IS.T�SSHO:LS�M`T'C'L -',�FlLO,L c OO aomn IISNI 'S'I.LIL J, Ifvm3ns'' Ava savr 'iog 001/p0 qff' !HOIS- 7,1=ftl gs2IQN[IH gNIN Qi�,VMOHs OMI 6T09/9T/'LO btzjs1f9o9 _ r INnowy av(1 9f6L1AN'3MOH01(10 ANVB IVNOIIVN'03 k10JAnS 3HI it t066eT ON �IO3HO fi$EalL6llAN"OIOHIf10S SZ/L-ONISO'7O-c1bm-0S 011,- 641'1X090d OVOHNIVW.960E9 Q7OLUD09 d0 NAI 01 iii, ' � e o 'a ." • e c e. o - I , � I � e P1 —�- igi i„ �'xr z"• i � �'4y-1 I,Ix .•�}}'r - „ .T ' �.•=i ' .IJP' 4 VP _.^•i�'!' C O t� � }�+ i.-,�r,l i, •v Xs 00 8£6 'Zz �i § qr,Lo,L 00OL 2I D QHIdI,L2IH0-QNIIOS OTiv SLT6'VTL OOT'009' Z'0998' HD 00'SZ£ H'33 ONICRIODEM-QNIIOS OT I' SLT'VfTL 00T'009' Z'0998- NO ' 00 OST XdOO QSI3I1.2IS3-QNllOS 0T6 SLT66TL OOT'009-Z'0998' NO 00'OZV .LNEwssKS 'OS2I-QNf10S OTV SLT6bTL OOT'009' Z'0998' NO 00' EL6 'T' T�OId SNI YULL-LIMOS OTt, SLTbbTL OOT'009' Z'0998' NO INflowv NOI,LdI2Dssci S3I011NI ##-O'd .LNnOOOK '3 QNII3 £066£T XOSHO 6TOZ/9T/LO OO SONV-MSNI S`III.L 1. 1VM211S DZ96TO 'dOQNSl1 (T70H-Lf)09 90 MIA01 C=F-Mm UUM TOWN OF-SOU771OLD VENDOR 011451 MARY KOLAKOWSKI 07/16/2019 CHECK 139902 FUND & ACCOUNT P.O.# INVOICE DESCRIPTION AMOUNT CM .8660.2. 600.100 7144175 TITLE CLOSER-410 SOUND 150.00 TOTAL 150.00 t tv i . , .1 �ri i t `j 1 �• k .? ,Y1,,1 t.r�.•� -i Ti 1�•�� ,� H,;.�"`N� " tf�i1y • ^t I - \ Ps-•.x"�;t^ '-`` >� tom, • " ,�`Jj 1 'ta. •i til -y I I T , TOWN Q,F Silo-771OLD -410 SOUND-`CLOSTNGT 7/2 5 53095 MAIN ROAD,PO BOX 1179 fi SOUTHOLD,,NY 11971-09 9 CHECK NO. 13'9902 ;! THE SUFFOLK CO.NATIONAL BANK a CUT_CHOGUE,NY 11935 DATA AMOUNT 1 +` 59646%2j4 b7,/16/2019' $'150.00 u, ONE 'HUNDRRD FIFTY AND 00/100" DOLLARS"', y� AY MARY KOLAKOWSKI � 7YITUF-" 625' MARRAT60KA LANE ;.n r i or, MATTITUCK NY, 11952 = ��!, rc` •- f i t; ' !!' 13990 211' 1:0 2 1ti05t, 6L14, 63 00000L, 0!!' ;:fir R E C O R D E D E A S E M E N T I IIIIIII 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: 09/11/2019 Number of Pages : 25 At: 02 : 06 : 08 PM Receipt Number : 19-0171064 TRANSFER TAX NUMBER: 19-04698 LIBER: D00013028 PAGE : 130 District: Section: Block: Lot: 1000 120 .00 03 . 00 011 . 008 EXAMINED AND CHARGED AS FOLLOWS reed Amount: $482 ,541 .22 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $125 . 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 $16 .25 NO RPT $200 . 00 NO Transfer tax $0 . 00 NO Comm.Pres $0 . 00 NO Fees Paid $386 .25 TRANSFER TAX NUMBER: 19-04698 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County r' � 2 Number of pages Q?� FEC011;'OtP my 'ep 11 PH 1U1,ITH R. PA CHLE This document will be publicCLERf: of UFFOLI, f"OUHTY record. Please remove all L D0001702: Social Security Numbers P i-Xl prior to recording. DT# 19-04698 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp- RecoFding/Filing Stamps 3 FEES Page/Filing Fee I Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Asset. or EA-52 17(County) Sub Total Spec./Add. _ EA-5217(State) TOT.MTG.TAX R.P.T.S.A. � � Dual Town Dual County_ Held for Appointment Comm.of Ed. 5. 00 Transfer Tax _ Affidavi ,���+ Mansion Tax The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total - a S farmly dwelling only. Other l YES or NO Grand Total �0 �'� If NO,see appropriate tax clause on page# of this instrument. S-I � 4 Dist.. i—00- 3950292 1000 12000 0300 0-1,f ooa Dos 5 Community Preservation Fund p PLAZA Ilt@Il�t TEl Real PropertyR F S Consideration Amount$ SLP-X Tax Service IN�1SEP-19 Agency CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land ✓ �wni EP+. a TD -�� --JE5 ) -7q TD oTD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name S ,--�w r — www.suffolkcountyny.gov/clerk Title# 8 Suffolk County Rvecordin2 & Endorsement Page This page forms part of the attached A s made by: (SPECIFY TYPE OF INSTRUMENT) The prermses herein is situated in L L C_ 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. 32-DIOL WIOOkk (over) GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS GRANT OF DEVELOPMENT RIGHTS EASEMENT, is made on the 25th day of July, 2019 at Southold, New York. The parties are 410 SOUND AVENUE, LLC, c/o Patricia DiVello, 220 Blossom Bend, Mattituck, New York 11952 (herein called "Grantor"), and the TOWN OF SOUTHOLD, a municipal corporation, having its principal office at 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959 (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 #1000-120-3-11.8, more fully described in SCHEDULE "A" 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 May 1, 2019 (a reduced copy of which is attached hereto and made a part hereof and hereinafter referred to as the "Survey"); and WHEREAS, the Property is located in the A-C Zoning District of the 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 party 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 actively farmed; and WHEREAS, it is the policy of the Town of Southold (the "Town"), as articulated in the Town's Master Plan of 1973, amended in 1986 and 1989 as adopted by the Town Board, Town of Southold, and §272-a of the New York State Town Law ("Town Law") to protect environmentally sensitive areas, preserve prime agricultural soils, to protect the scenic, open space character of the Town and to protect the Town's resort and agricultural economy; and WHEREAS, the Property in its present scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource since it has not been subject to any substantial development; and 1 WHEREAS, 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 FOUR HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED FORTY-ONE DOLLARS AND 22/100 ($482,541.22) 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 herein, more particularly bounded and described on Schedule "A" annexed hereto and made a part of this instrument. TO HAVE AND TO HOLD said Development Rights Easement and the rights and interests in connection with it and as hereinafter set forth with respect to the Property unto the Grantee, its successors and assigns forever, reserving, however, for the direct use and benefit of the 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: 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 except as set forth in Stewart Title Insurance Company Title Report #7144175, and possesses the right to grant this easement. 2 0.02 Grantee's Status- Grantee tatus 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 a Development 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 ('CIRC") 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 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 cooperation, an inventory of the Property's relevant features and conditions (the "Baseline Documentation"). This Baseline Documentation includes, but is not limited to a survey prepared by Peconic Surveyors, P.C. , dated May 1, 3 2019, and a Phase 1 Environmenital Site_Assessment dated_April 10, 2019 by Nelson Pope & Voorhis LLC. 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 §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 4 ' the definitions set forth in said laws--an d/or----Code--sha-Il--preciude-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 building, 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 Fisted in the preceding sentence shall be as required by applicable provisions of the Town Code. 1.03 Duration This Easement shall be a burden upon and 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 includ-e all of those persons or entities. Any rights, obligations, and interests herein granted to Grantor and/or Grantee shall also be deemed granted to each and every one.of its subsequent agents, successors, and assigns, and the word "Grantor and/or Grantee" when used herein shall include all of those persons or entities. 5 ARTICLE TWO -- SALE GRANTOR, for of FOUR HUNDRED EIGHTY-TWO THOUSAND FIVE HUNDRED FORTY-ONE DOLLARS AND 22/100 ($482,541.22) 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; Mining The excavating, regrading, scraping or filling of the Property shall be prohibited, without the prior written consent of Grantee, including but not limited to 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 require the prior written consent of Grantee, including but not limited to review by the Land Preservation Committee. , 3.03 Subdivision 6 wpm f ter• 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. - Notwithstanding this Section 3.03, upon the death of Grantor, the underlying fee interest may be divided by conveyance of parts thereof to Grantor's executor, trustee, heirs or next of kin by will or 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 whose placement, number, and design do not significantly diminish the scenic character of the Property and only for any of the following purposes: (a) to state the name of the Property and the names and addresses of the occupants and the character of the business conducted thereon, (b) to temporarily advertise the Property or any portion thereof, for sale or rent, (c) to post the Property to control unauthorized entry or use, or (d) with the consent of the Grantor, to announce Grantee's easement. Signs are subject to regulatory requirements of the Town. 7 1 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 shal-I 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, and or on adjoining properties subject to a development rights easement or other conservation instrument. 3.07 Prohibited Uses Except for uses specifically permitted by this Easement, the use of the Property or structures on it for any residential, commercial or industrial uses, permanent or temporary, including but not limited to a riding academy, shall be prohibited. For the purposes of this section, agricultural production, as that term is presently referenced in §247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, now, or as said Chapter 70 may be amended and including the production of crops, livestock and livestock products as defined in §301(2)(a)-(j) of the Agriculture and Markets Law, now or as said §3,01(2)(a)-(j) may be amended, provided said amended provisions are inherently similar in nature to those crops, livestock and livestock products included as of the date of this Easement, shall not be considered a commercial -use. Uses, improvements and activities permitted by the Town Code now or in the future on agricultural lands protected by a development rights easement or other instrument, including but not limited to farmstands, shall not be considered a commercial use. No improvements, uses or activities inconsistent with current or future agricultural production shall be permitted on'the 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. Hunting is permitted on the Property provided it does not interfere with agricultural production and is conducted in accordance with agricultural' management practices. 8 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. 3.10 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. 4.02 Possession Grantor shall continue to have the right to exclusive possession of the Property. 9 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 th'in 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, 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. 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. 10 Grantor may offer "U-Pick" operations a deo are cone o ted corn maze to the general public, provided that such' a 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 Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) New construction, including drainage improvement structures, provided such structures are necessary for, incidental and/or accessory to agricultural production; (iii) Renovation, maintenance and repairs of any existing structures or structures built or permitted pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural. B. Conditions. Any allowable improvements shall protect prime agricultural soils, agricultural production, open space and scenic vistas, and otherwise be consistent with the Purpose of this Easement. C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with I the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall 'employ 11 erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal' of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements or improvements built or permitted pursuant to this Section 4.06 impractical, erection of a structure of comparable size, use, and general design to the damaged structure shall be permitted in kind and within the same general location, subject to the review and written approval of Grantee, pursuant'to applicable provisions of the Town Code. 4.07 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 page of the recording-hereof. The failure of any such instrument to comply with the provisions hereof shall not affect Grantee's rights hereunder. 4:09 Further Restriction Nothing in this Easement shall prohibit or preclude 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. 12 r 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, subject, however, to Grantor's right to grieve or contest such assessment. The failure of Grantor to pay all such taxes, levies and assessments and other governmental or municipal charges shall not cause an alienation of any rights or interests acquired herein by Grantee. 5.02 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 matters arising solely from the acts of Grantee, its officers, employees, agents, or independent contractors. 13 ` ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entry and Inspection Grantee shall have the right to enter upon the Property at reasonable times, upon prior, notice to Grantor, 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. ,6.02 Restoration Grantee shall have the right to require the Grantor to restore the Property to the condition required by this Easement a.nd 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, j 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 ten (10) 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 protect any of the agricultural values or otherwise to further the purposes of this Easement), Grantee shall have the right at Grantor's sole cost and expense and at G'rantee's election: (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, 14 (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure sucfl-6reach;defauft,or violation--arTd/orto-- 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 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 ten (10) 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 notice in a'cco'rdance with this Section 6.04. Notice shall be deemed given and received as, of the date of its manual delivery or three business days after the date of its mailing., 15 6.05 No Waiver Grantee's exercise of one remedy or relief under this ARTICLE SIX shall not have the effect of waiving or limiting any other remedy or relief, and the failure to exercise or the delay in exercising any remedy shall not constitute a waiver of any other remedy or relief or the use of such other remedy or relief at any other time. 6.06 Extinguishment of Easement/Condemnation At the mutual request of 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 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 concerning its subject matter shall be merged into this Easement and superseded by it. 16 i 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 reasonably 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 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 such 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. 17 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governing Law New York law applicable to deeds to and easements on land located within 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 affect 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. 18 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference and shall be ignored in its construction. IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Grand of Development Rights Easement on the day and year set forth above. ACKNOWLEDGED AND ACCEPTED: 410 SOUND AVENUE, LLC, Grantor By: &-,x Patricia DiVello, Managing Member ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: Scott A. Russell, Supervisor 19 STATE OF NEW YORK) - COUNTY OF SUFFOLK), SS. On the 2 _� day of ,r l in the year 2019 before me, the undersigned, Personally appeared Patricia Di dello, personally known to me or pro ved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrumen . Si gnatur%fce of individ l t ing acknowledgement MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK STATE OF NEW YORK ) No 01K04870006 COUNTY OFSUFFOLK ) SS- Qualified in Suffolk County My Commission Expires 09-02-2022 On this 2>day of in the year 2019 before me, the undersigned, personally appeared Scott A. Russell, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon.behalf of which the individual acted, executed the instru ent. Signatur%fce of indiv" � Q�a enYOR ' No. K04 70 0 ualif d in S ff k C unty My '-Sion Expires 0 -02-2022 MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No 01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 20 title Policy Number: 0-8911-000864677 stewart - -Date-of-Policy:--J-uly-25,-2019-- -- - -- File Number: 7144175 SCHEDULE A-DESCRIPTION , OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. - Schedule A Description(Page 1 of 3) - stewart tits ; Policy Number: 0-8911-000864677 Date of Policy:July"25; 2097-- File Number: 7144175 EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. -Schedule A Description(Page 2 of 3)- stewart thio Policy Number: 0-8911-000864677 - -Date-of Policy:-July-25,2W19 - File Number: 7144175 - DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. - Schedule A Description(Page 3 of 3)- SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD SOUND AVE SUFFOLK COUNTY, NY. 19056 1000-120-00-ILS u9s569o� y SCALE.`1•-50' xRT955R� \\190 O u e .nv yew w e 1 1 CU LTivnTE� FiELO EkCl00ED aRG- 25651 n[R65 / rt \)00 OF/fiLOPUENT RiGxT9 GSEITM NiG-16999•ORES L L C C� q O ?� % TOWN OF w0-00 C a O � M r d O x/o/v uox wrtm w,mum ro t axnnEo m ' wx v sampan o•vauL uc s¢wwr ime�xsuwRa mwa..rt TOWNOFSO OWDE OPMENTRIGHTS Y 1.91 fc OEVELOPMRx(wG 9a�c�R� �, �jO ofcwoEn6nu. �^.• 51\$,pW �,a'° KEY Opp .Q-Mawe OF of samrotn � -.euro TUG w-vrurT rat NYS UC NQ T96f8 v[ttwic suavFro9S vc pZpSPb 65f 8165-5020 f.0(6n)165-1191 v OY 909 OLO"1-1 19-020 SIXIMD(p NY 11911 C O V E N A N T S R E S T R I C T I O N S i I II IIII I IIII VIII VIII VIII VIII VIII I IIII VIII IIII IIII IIIIII(IIII VIII IIII IIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 09/13/2019 Number of Pages : 12 At: 02 :53 :36 PM Receipt Number : 19-0173148 LIBER: D00013028 PAGE : 608 District: Section: Block: Lot: 1000 120 . 00 03 . 00 002 . 000 EXAMINED AND CHARGED AS FOLLOWS ___ceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $60 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 . 00 NO Cert.Copies $7 . 80 NO RPT $400 . 00 NO Fees Paid $507 . 80 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Fil L2J Number of pages This document will be public f`-El:f -jF record. Please remove all Social Security Numbers prior to recording. Deed/Mortgage Instrument Deed Mortgage Tax Stamp Recording Filing Stamps 3 1 9 FEES Page/Filing Fee Mortgage Amt. I Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec/Assit. or EA-52 17(County) Sub Total Spec./Add. EA-5217 (State) TOT MTG TAX R PT.S.A. � Dual Town Dual County Held for Appointment Comm of Ed. 5. 00 Transfer Tax Affidavit Mansion Tax The property covered by this mortgage is Certified Copy �` or will be improved by a one or two NYS Surcharge 15. 00 Sub Total family dwelling only, Other YES— or NO Grand Total If NO,see appropriate tax clause on page#_of this instrument. '0 4 Dist. 3951334 see ct*,i ch ea5 Community Preservation Fund 1 0 C ooh Real Propert 4EP-1s T S Tax ServicePA A Consideration Amount$ I11III11111M111111 Agency CPF Tax Due Verificatior 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land C>J-441 C� 4 F TD TD TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co Name —'s ,-T www.suffolkcountyny.gov/clerk Title# -7 ) \4 \4 )-7'3 *- --) \ Suffolk County Recording & Endorsement Page This page forms part of the attached j-"c:—, made by: (SPECIFY TYPE OF INSTRUMENT) )-Y� D )-I The premises herein is situated in 4 SUFFOLK COUNTY,NEW YORK. TO In the TOWN of C>'I -+'1-.o� L2, 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) W' P T R Stat ID- 3951334 LPAA 12-SEP-19 Tax Maps District Secton Block Lot School District 1000 12000 0300 002000 MATTITUCK-CUTCHOGUE 1000 12000 0300 011008 MATTITUCK-CUTCHOGUE 71 x-1-122 DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLARATION, made as of the 251 day of July, 2019,by MDH LIMITED LIABILITY COMPANY and 410 SOUND AVENUE, LLC, both with an address c/o Patricia DiVello, 220 Blossom Bend, Mattituck,New York 11952,.hereinafter individually referred to as the"DECLARANT" and collectively referred to as the "DECLARANTS". WITNESSETH: WHEREAS, DECLARANT MDH LIMITED LIABILTY COMPANY is the owner of certain real property situate at 260 Sound Avenue, and DECLARANT 410 SOUND AVENUE, LLC is the owner of certain real properly situate at 410 Sound Avenue, both in Mattituck, in the Town of Southold, County of Suffolk and State of New York designated as SCTM#1000-120-3- 2 (the"West Property") and#1000-120-3-11.8 (the "East Property"), and shown on a survey prepared by Peconic Surveyors, P.C., dated May 1, 2019 (the"Survey"), a reduced copy of which is attached hereto and made a part hereoK,� d described in the metes and bounds description attached as Scheduled'X;'40verall Description) and made a part hereof(collectively, the"Property"); and WEST P'-oCe-rt^'j - Gbhtbtt GPtb'r fir ' ' eXhL bt+"2_ WHEREAS,the Survey shows a"Development Rights Easement Area" of 8.1313 acres and an"Excluded Area" of 2.7104 acres on the West Property and a"Development Rights Easement Area" of 7.6899 acres and an"Excluded Area" of 2.5633 on the East Property, both described in the metes and bounds descriptions attached as Schedule A-1 and A-2�Development Rights Easement Area and Excluded Area descriptions), and WC5,r PmW4,1') IS-I ar,c 43-Z eAS T WHEREAS, the DECLARANT has granted to the Town of Southold a Grant of Development Rights Easement for part of the West Prope0and a Grant of Development Easement for part of the East Property dated July 25, 2011 and 1 L in, S;VnU[+rtjeAv(2CU� WIIEREAS,the West Property and the East Property also each contain a separate Excluded Area; and WHEREAS, for and in consideration of the acceptance of the Grant of Development Rights Easements,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 Declarants and prospective owners of the Property that the within covenants and restrictions be imposed on the West Property and on the East Property, and, as a condition of the acceptance of the Grant of Development Rights Easements, the Town Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office against the West Property and the East Property; and WHEREAS, the DECLARANTS have considered,the foregoing and have determined that this Declaration of Covenants and Restrictions will be in the interests of the DECLARANTS and subsequent owners of the East Property and of the West Property; and 1 NOW, THEREFORE, be it declared as follows: The DECLARANTS, for the purpose of carrying out the intentions above expressed do hereby make known, admit,publish, covenant and agree that the West Property and the East Property shall hereinafter be subject to the Covenants and Restrictions as set forth herein,which shall run with the land and shall be binding upon all purchasers and holders of the East Property and the West Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: DECLARANTS may make an application for subdivision or separation of, or for any other relief from the Town of Southold that would allow the subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification. The farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting, Development Rights Easement Area shall be at least ten(10) acres in size and attached to an area with its building rights intact. 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 2 " Pluthe Propertyunless and until approved b a-maJori Ys one'Vote of the Town Board or its legal " y successor, following a public hearing. IN WITNESS WHEREOF, the DECLARANTS above named has duly executed the foregoing Declaration the day and year first above written. MDH IMITED LIABILITY COMPANY By: P tricia DiVello,Managing Member 410 Sound Avenue,LLC By: Patricia DiVello,Managing Member STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 25' day of July, 2019, before me,the undersigned,personally appeared PATRICIA DIVELLO, 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 befor the undersigned. Notary Public MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No.01K04870006 Qualified in Suffolk County My Commission Expires 09-02-2022 3 ✓^°.r.%-s'� SURVEY OF PROPERTY ' +''• SOUND AVE AT LAUREL •^',_ '" ].98 _ TOWN OF SOUTHOLD SUFFOLK COUNTY, NY '— S9f 1 SCALESCALZ20-0.9-02 I'=50' Y „mr Iz}ou(n AanNOe) m t YA �OSr:NII "s 8 -E \ �Q1epD M A i a x g� y 1fi / / / SjO�/•E /AlOT]l5 OEVO.OPREM NILM9 FiIRLEM AnG 9.1]1]Aol6 1+0N0 AV LtC D G fa 0 2 x 'V 2 o a 0 0 r sm Nr9rP N a 19f iAqu LLC 2 c � S �Q O i a , 4 LCRMO)m TOIYN OP SOUTR(%D OEVELOPMEM RIGH58 rmll or saminn SIEMMI 9Rf utSYM Ct CON>Nn oEVELaouEwS wGNRlFa5uf10rrtM4.l0 u1].CRI ExauoE9A9u•u+a Acnes KEY y91Y • .PRS �• • �i'+7�,0A�rC'. vwn PUl TOWN OS so—. afar Kv lw'St.2<nvc.n � AFEA-081D ACFE9 M i r s.n.✓w mas a.r at•.+rszm sn o nK v.[n+,r.s suave.ntvi,NrtSaa PO)B01 90910 fAr lil,Ell) 9) l}b IRAV£11R 9M sourNao r,r rron 19——01019 SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD souND AVE SUFFOLK COUNTY, NY ,90-36 1000--120-Ds-ILL Pas362D' y SCALE 11-30' NgT.5 304 1,190 � r0 y - 11 1y _J ,4 x{ 5 �5. CU�TivaTED F,ELD —M uiG-]5633 M;RiS TP 5\1 Dp"C OE\40PUDn P�OP15 G9Cu6rf/JtG-16898•CJiCS L (1 D G CA T L 9 O TbM1 0C 0-5 mom V% C D D � N/0/f MOP UYfIFD WON,Y CO K a>+nrm ro / rD»u o<sou,xan u0-sowm•vD,uc uc snwNn tmt ursuPa+u mw9N. TOWN OF SOU OLD DEVELOPMENT RIGHTS i9T 66 TOTAL IOTAPFw "" DEVELOPUDRPWPI9 G6EPEMMPw•\].B6W A(T� �aiO IXCUIDEDAPG•1691Tnfn S\3�yI4 P� KEY O- = .DL sTAa / N/D/F — ro.P of mu,PD,n 1 - �v.-unnY Pnc6 NYS UG NO� F£[WVC Au+KrtwS P C m NSA-t119 Adf2 (60-} X. 0,0 fA>(6313>bi-1>9> r!z.o wv o4 m^6 euw n<rA[»stk>x sn�[iw.w¢saurva.irvcws✓sem 1330 Tt X.SPNCT Bauman Nr n9n 19-020 stews „t tlt[O Policy Number: 0-18911-000864676 L _ Dat_e_o£_P_olicy_:_July_25, 2019_ File Number: 7144173 SCHEDULE A- DESCRIPTION OVERALL DESCRIPTION: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1,543.12 feet; THENCE South 73 degrees 31 minutes 00 seconds West along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 1,292.16 feet (deed); 1292.61 feet (actual) to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. Schedule A Description (Page 1 of 3) - ff L stewa.rt title' Policy Number: 0-8911-000864676 Date of.P_olicy: July-25, 20.19. _. File Number: 7144173 DEVELOPMENT RIGHTS EASEMENT AREA: (TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East, 490.61 feet to the true point of beginning; THENCE, South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 1052.51 feet; THENCE South 73 degrees 31 minutes 00 seconds West still along land now or formerly of Town of Southold, 340.47 feet to the division line between the Towns of Southold and Riverhead; Thence North 19 degrees 45'minutes 00 seconds West along the last mentioned land, 1032.96 feet; THENCE North 70 degrees 13 minutes 30 seconds East, 339.46 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3) - stewart tiflo Policy Number: 0-8911-000864676 f t Date-of-P-olicy-:-July 25, MIR__ File Number: 7144173 A EXCLUDED AREA: (NOT TO BE INSURED) ALL that certain plot, piece or parcel of land situate, lying and being in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Sound Avenue where the same is intersected by the westerly side of land now or formerly of 410 Sound Ave LLC, said point or place of beginning being distant 1,230.00 feet more or less westerly from the corner formed by the intersection of the southerly side of Sound Avenue with the westerly side of Aldrich Lane; THENCE South 19 degrees 46 minutes 30 seconds East along land now or formerly of 410 Sound Ave LLC, 490.61 feet; THENCE South 70 degrees 13 minutes 30 seconds West, 339.46 feet to the division line between the Towns of Southold and Riverhead; THENCE, North 19 degrees 45 minutes 00 seconds west along the last-mentioned land, 259.65 feet to land now or formerly of Flower Shanty LLC; THENCE North 70 degrees 15 minutes 00 seconds East along the last-mentioned land, 217.37 feet; THENCE North 19 degrees 45 minutes 00 seconds West still along the last-mentioned land, 260 feet to the southerly side of Sound Avenue; THENCE North 81 degrees, 35 minutes 50 seconds East 10.00 feet along the southerly side of Sound Avenue; THENCE North 83 degrees 45 minutes 30 seconds East along the Southerly side of Sound Avenue, 115.28 feet to the point or place of BEGINNING. Schedule A Description(Page 2 of 3) - oto Sou%� q�'r LLQ Stewart titin Title Number: 7144175 SCHEDULE A— DESCRIPTION REVISED 6/6/2019 OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page 1 of 3) - LL-C stewaf Li Llei Title Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. - Schedule A Description (Page 3 of 3) - stewa1 L tit1G Title Number: 7144175 A-2- EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. FOR CONVEYANCING ONLY:TOGETHER with all right,title and interest of the party of the first part,of,in and to any streets and roads abutting the above described premises to the center lines thereof. -Schedule A Description (Page 2 of 3)- S U B R D I N A T I N A G R E E ldi E N T S 111111111 IN SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded:' 09/11/2019 Number of Pages : 6 At: 02 :06: 08 PM Receipt Number : 19-0171064 LIBER: D00013028 PAGE : 131 District: Section: Block: Lot: 1000 120 . 00 03 . 00 011 . 008 EXAMINED AND CHARGED AS FOLLOWS xeceived the Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $20 . 00 NO COE $5 . 00 NO NYS SRCHG $15. 00 NO Affidavit $0 . 00 NO TP-584 " $0 . 00 NO Notation $1 . 00 NO Cert.Copies $5 .20 NO RPT $200 . 00 NO Fees Paid $276.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County 1 Number of pages FEC�iF'[EC ill(,ITH H. F`H_CHLE This document will be public rLERV OF record. Please remove all UFFOLt. COUNT'r D 1001-n_: ,Social Security Numbers L F• :T1 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recofdmg/Filing Stamps 3 1 FEES Page/Filing Fee Mortgage Amt. 1 Basic Tax Handling 20 00 2. Additional Tax TP-584 Sub Total Notation�l } l Spec./Asset or EA-52 17(County) Sub Total Spec./Add EA-5217(State) TOT.MTG.TAX R.P T.S.A. � tiy Dual Town Dual County_ cZC.� � .y A�, Held for Appointment Comm.of Ed. 5. 00 Transfer Tax Affidav' Vis.,,„oma Manston Tax The property covered by this mortgage is / , Certified Copy or will be improved by a one or two NYS Surcharge 15. 00 Sub Total a �0 family dwelling only. Other YES or NO Grand Total a_ C If NO,see appropriate tax clause on page# of this instrument. ' { Ooo •-- - - — -' f, ooB 4 Dist. 3950289 1000 12000 03ao olloos 5 Community Preservation Fund Real Propert, P T S li109e111111111111 Consideration Amount$ Tax Service R LPA A Agency EP49 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land )�--"1 ���� a � TD L o l lir 4E vim,-t, C�.J e3X 1 1 -79 TD TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co NameS i E w r- r www.suffolkcountyny.gov/clerk Title# --- 11-4`-I 1---? 5 8 1 Suffolk County Recording & Endorsement Page This page forms part of the attached �13 6'::11 cs� ' �F-f made by: �-- (SPECIFY TYPE OF INSTRUME The premises herein is situated in en 5—, SUFFOLK COUNTY,NEW YORK. TO In the TOWN of �co'j+ o j0 VJ iJ O �o.i—F L,oU In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. ix-owa.mraakk (over) SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS, that Farm Credit East ACA, 1281 Route 58, Riverhead,New York 11901 (the "SUBORDINATOR"), hereby SUBORDINATES the following described Mortgage, which the SUBORDINATOR holds in the original amount of "-10 (tYa{ $550,000.00 dated February 26, 2013, recorded March 28, 2013 at Liber 22320, page 77 , ponTWC ��,ab u property of Patricia Divello and 410 Sound Avenue LLC, (collectively the "GRANTOR"), 220 Blosson Bend, Mattituck,New York 11952, located at 410 Sound Avenue, Mattituck,New York, and designated as SCTM#1000-120-3-11.8, described on Schedule"A" attached hereto and made a part hereof(the"Property"), to the following described GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Property of GRANTOR consists of 7.6899 acres, and the GRANT OF DEVELOPMENT RIGHTS EASEMENT is to restrict the use upon said Property of GRANTOR and said GRANT OF DEVELOPMENT RIGHTS EASEMENT is to,be conveyed to the TOWN OF SOUTHOLD, a New York municipal corporation, having its principal office at 53095 Route 25, P.O. Box 1179, Southold,New York 11971 ("GRANTEE"). The GRANT OF DEVELOPMENT RIGHTS EASEMENT is defined in Article 49, Title 3 of the Environmental Conservation Law and is further described in the Grant of Development Rights Easement dated --1 z s) 0, 2019, from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this GRANT OF DEVELOPMENT RIGHTS EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural viability and productive capacity. To accomplish this purpose, according to the GRANT OF DEVELOPMENT RIGHTS EASEMENT, all non-agricultural development rights appurtenant to the Property subject to the GRANT OF DEVELOPMENT RIGHTS EASEMENT shall be released, terminated and extinguished. The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above-described GRANT OF DEVELOPMENT RIGHTS EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to the purchase of the GRANT OF DEVELOPMENT RIGHTS EASEMENT from Grantor. SUBORDINATOR represents and warrants that is has not assigned the above-described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its successors and m1s 3: assigns'andshall inure to the benefit of the TOWN OF SOUTHOLD and its successors and assigns. Dated: July 23, , 2019 F rLitEas A Dist. 1000 By: Sec. 120 PATRICK LES, Vice-President Block 3 Lots 11.8 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 2 3rdday of July, in the year 2019 before me,the undersigned,personally appeared PATRICK K. ,�4,r ly known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the.'A ithin instrument and acknowledged to me that he/executed the same in his/bur capacity, and that by his >xsignature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. CYNTHIA GANNON NOTARY PUBLIC,STATE OF NEW YORK NO.OIGA4508729 QUALIFIED IN SUFFOLK COLINT,Y� jvot�'Public �nw,I SION EXPIRES,MARCH,30 t�1?S�_ STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the day of in the year 2019 before me,the undersigned,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public stewart thio Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A—DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 513 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. Schedule A Description(Page 1 of 3) - Policy Number: 0-8911-000864677 stewart titio Date of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING- Schedule A Description(Page 2 of 3) - 7 stewar L thio Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. -Schedule A Description(Page 3 of 3) - SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: AGREEMENT Recorded: 09/11/2019 Number of Pages : 6 At: 02 : 06: 08 PM Receipt Number : 19-0171064 LIBER: D00013028 PAGE : 132 District: Section: Block: Lot: 1000 120 . 00 03 . 00 011 . 008 EXAMINED AND CHARGED AS FOLLOWS -:calved the -Following Fees For Above Instrument Exempt Exempt Page/Filing $30 . 00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO Affidavit $0 .00 NO TP-584 $0 . 00 NO Notation $1 . 00 NO Cert.Copies $5.20 NO RPT $200 . 00 NO Fees Paid $276.20 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County Number of pages FFrnF'LE[I LO19 `_.2C+ 11 02:Ut.FIX' r'(9 JOGi N H. PAS,LALE This document will be public CLEP OF record. Please remove all `UFFOU I_r_OL11111T'-' Social Security Numbers L .`001-17-, u :�P 1 1L-, prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp" Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt Handling 20 00 1. Basic Tax 2. Additional Tax TP-584 Sub Total _ Notatiogo SpecJAssit. 5 / EA-52 17(County) Sub Total I or Spec"/Add. _ EA-5217(State) TOT.MTG.TAX R.P.T.S.A. a� �,C'a �Y� Dual Town Dual County— Held for Appointment Comm.of Ed. 5. 00 rbc Transfer Tax . — Affidavit s Mansion Tax l/ Certified Copy p� The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 Sub Total �.6�ay family dwelling only. Other YES or NO Grand Total A0 If NO,see appropriate tax clause on page# of this instrument. 4 Dist. 01R3950290 1000 12000 0300 011008 5 Community Preservation Fund Real Property p T S Tax Service R LPA A Consideration Amount$ n Agency 11-S EP-19 CPF Tax Due $ Verification 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address Improved RECORD&RETURN TO: Vacant Land I—w,.! eP o TD —�© n x ) ) -79 TD `�5 >-4-1.C:!,-o �� y , I 'i 7, TD Mail to:Judith A: Pascale, Suffolk County Clerk 7 Title Com an Information 310 Center Drive, Riverhead, NY 11901 www.suffolkcountyny.gov/clerk Co.Name S w r - E Title# y y 8 Suffolk County Recording & Endorsement Pa e This page forms part of the attached �S�� pr, made by: �— (SPECIFY TYPE OF INSTRUMENT The premises herein is situated in SUFFOLK COUNTY,NEW YORK. C� TO In the TOWN of In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED Ok PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104-10/ookk ((l ver) SUBORDINATION AGREEMENT KNOW ALL PERSONS BY THESE PRESENTS, that Farm Credit East ACA, 1281 Route 58, Riverhead,New York 11901 (the"SUBORDINATOR"), hereby SUBORDINATES the following describ d Mortgage, which the SUBORDINATOR holds in the original amount of � $400,000.00 datedy 6, 2016, recorded May 17, 2016 at Liber 22703,page 313 upon property of Patricia Divello and 410 Sound Avenue LLC, (collectively the "GRANTOR"), 220 Blosson Bend, Mattituck,New York 11952, located at 410 Sound Avenue, Mattituck,New York, and designated as SCTM 91000-120-3-11.8, described on Schedule "A" attached hereto and made a part hereof(the"Property"), to the following described GRANT OF DEVELOPMENT RIGHTS EASEMENT. The Property of GRANTOR consists of 7.6899 acres, and said GRANT OF DEVELOPMENT RIGHTS EASEMENT is to restrict the use upon the Property of GRANTOR and the GRANT OF DEVELOPMENT RIGHTS EASEMENT is to be conveyed to the TOWN OF SOUTHOLD, a New York municipal corporation, having its principal office at 53095 Route 25, P.O. Box 1179, Southold,New York 11971 ("GRANTEE"). The GRANT OF DEVELOPMENT RIGHTS EASEMENT is defined in Article 49, Title 3 of the Environmental Conservation Law and is further described in the Grant of Development Rights Easement dated -'7 z -S c�, 2019, from GRANTOR to GRANTEE intended to be recorded simultaneously with this SUBORDINATION AGREEMENT in the Office of the Clerk of Suffolk County. The primary purpose of this GRANT OF DEVELOPMENT RIGHTS EASEMENT is to conserve viable Agricultural Land and Soil Resources by preventing uses of the Property that will significantly impair or interfere with the Property's agricultural viability and productive capacity. To accomplish this purpose, according to the GRANT OF DEVELOPMENT RIGHTS EASEMENT, all non-agricultural development rights appurtenant to the Property subject to the GRANT OF DEVELOPMENT RIGHTS EASEMENT shall be released, terminated and extinguished. The lien of the above Mortgage and other documents supporting such lien are to be subordinate and junior to the above-described GRANT OF DEVELOPMENT RIGHTS EASEMENT but shall otherwise remain in full force and effect. The GRANTEE requires this SUBORDINATION AGREEMENT as a condition to the purchase of the GRANT OF DEVELOPMENT RIGHTS EASEMENT from GRANTOR. SUBORDINATOR represents and warrants that is has not assigned the above-described Mortgage or any interest therein. This AGREEMENT contains the entire agreement of the SUBORDINATOR concerning the subject matter thereof, merging all prior written or oral understandings or agreements and shall be governed by the Laws of the State of New York. This AGREEMENT shall be binding upon the SUBORDINATOR and its successors and assigns and shall inure to the benefit of the TOWN OF SOUTHOLD and its successors and assigns. Dated: July 23, 12019 Fa re t EV Dist. 1000 By' Sec. 120 PATRICKVE resident Block 3 Lots 11.8 STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) On the 23rdiay of July, in the year 2019 before me,the undersigned,personally appeared PATRICK K. WILE§personally known tome or proved tome on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he*M executed the same in his t<capacity, and that by his/)'signature on the instrument,the individual, or the person upon behalf of which the individual acted, executed the instrument. CYNT10A GANNON NOTARY PUtll ic,STATE OF NEW YORK _ NO.01 GA4508729 OUALIF!!r0'�,i SUFFOLK COUIYTI�T., �, dL Notary Public COMMISSION EVIRES„MARCH,30 ct=�-L On the day of in the year 2019 before me,the undersigned,personally appeared ,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument,the individual, or the person upon behalf of which the individual acted,executed the instrument. Notary Public tewarfitid Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A- DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk,,State of New York, bounded and described as follows: BEGINNING at a point'on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds,East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. -Schedule A Description(Page 1 of 3) - tewart fit�� Policy Number: 0-8911-000864677 1 Date of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of Sound Avenue and the point or place of BEGINNING- Schedule A Description(Page 2 of 3) - I- tewa „$ bale" Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA (TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72 feet to the point or place of BEGINNING. - Schedule A Description(Page 3 of 3)- T 1 T L E P O L I C Y ALTA Owner's Policy(06-17-06) POLICY OF TITLE INSURANCE ISSUED BY Stewart title Any notice of claim and any other notice or statement in writing required to be given the Company under this Policy must be given to the Company at the address shown in Section 18 of the Conditions. COVERED RISKS SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS,STEWART TITLE INSURANCE COMPANY, a New York corporation,(the"Company")insures, as of Date of Policy and,to the extent stated in Covered Risks 9 and 10, after Date of Policy, against loss or damage, not exceeding the Amount of Insurance, sustained or incurred by the insured by reason of 1. Title being vested other than as stated in Schedule A 2. Any defect in or lien or encumbrance on the Title. This Covered Risk includes but is not limited to insurance against loss from (a) A defect in the Title caused by (i) forgery,fraud,undue influence,duress,incompetency,incapacity,or impersonation; (n) failure of any person or Entity to have authorized a transfer or conveyance; (iii) a document affecting Title not properly created,executed,witnessed,sealed,acknowledged,notarized,or delivered, (iv) failure to perform those acts necessary to create a document by electronic means authorized by law (v) a document executed under a falsified,expired,or otherwise invalid power of attorney (vi) a document not properly filed, recorded, or indexed in the Public Records including failure to perform those acts by electronic means authorized by law;or (vii) a defective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments imposed on the Title by a governmental authority due or payable,but unpaid. (c) Any encroachment,encumbrance,violation,variation,or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. The term"encroachment"includes encroachments of existing improvements located on the Land onto adjoining land,and encroachments onto the Land of existing improvements located on adjoining land. 3. Unmarketable-Title. 4 No right of access to and from the Land. 5. The violation or enforcement of any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting,regulating,prohibiting,or relating to (a) the occupancy,use,or enjoyment of the Land; (b) the character,dimensions,or location of any improvement erected on the Land; (c) the subdivision of land,or (d) environmental protection if a notice,describing any part of the Land,is recorded in the Public Records setting forth the violation or intention to enforce,but only to the extent of the violation or enforcement referred to in that notice. 6. An enforcement action based on the exercise of a governmental police power not covered by Covered Risk 5 if a notice of the enforcement action,describing any part of the Land,is recorded in the Public Records,but only to the extent of the enforcement referred to in that notice. 7. The exercise of the rights of eminent domain if a notice of the exercise,describing any part of the Land,is recorded in the Public Records. 8 Any taking by a governmental body that has occurred and is binding on the rights of a purchaser for value without Knowledge. Countersigned by: rs John Frates +-t2 tt gc� all 1987 President and General Counsel Craig Gol en erg Division P e ' ent Denise CArraux Secretary If you want information about coverage or need assistance to resolve complaints,please call our toll free number. 1-800-433-0014. If you make a claim under your policy,you must furnish written notice in accordance with Section 3 of the Conditions Visit our Word-Wide Web site at hfto//www StewartNewYork com — - --- -------- ---------------- ----- ------------------- ------- - Serial No.: 0-8911-000864677 File No.: 7144175 COVERED RISKS(Continued) 9 Title being vested other than as stated in Schedule A or being defective (i) to be timely,or (a) as a result of the avoidance in whole or in part, or from a court order (ii) to impart notice of its existence to a purchaser for value or to a providing an alternative remedy, of a transfer of all or any part of the judgment or lien creditor title to or any interest in the Land occurring prior to the transaction 10. Any defect in or lien or encumbrance on the Title or other matter included in vesting Title as shown in Schedule A because that prior transfer Covered Risks 1 through 9 that has been created or attached or has been constituted a fraudulent or preferential transfer under federal filed or recorded in the Public Records subsequent to Date of Policy and bankruptcy,state insolvency,or similar creditors'rights laws,or prior to the recording of the deed or other instrument of transfer in the Public (b) because the instrument of transfer vesting Title as shown in Schedule Records that vests Title as shown in Schedule A A constitutes a preferential transfer under federal bankruptcy, state The Company will also pay the costs, attorneys'fees, and expenses incurred in insolvency, or similar creditors'rights laws by reason of the failure of defense of any matter insured against by this Policy, but only to the extent its recording in the Public Records provided in the Conditions EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy, (b) not Known to the Company,not recorded in the Public Records at and the Company will not pay loss or damage,costs,attorneys'fees,or expenses Date of Policy,but Known to the Insured Claimant and not disclosed that anse by reason of in writing to the Company by the Insured Claimant prior to the date 1 (a) Any law, ordinance, permit, or governmental regulation (including the Insured Claimant became an Insured under this policy, those relating to building and zoning)restricting,regulating, prohibiting, or (c) resulting in no loss or damage to the Insured Claimant, relating to (d) attaching or created subsequent.to Date of Policy(however,this does (i) the occupancy,use,or enjoyment of the Land, not modify or limit the coverage provided under Covered Risk 9 and (ii) the character, dimensions, or location of any improvement 10),or erected on the Land, (e) resulting in loss or damage that would not have been sustained if the (iii) the subdivision of land,or Insured Claimant had paid value for the Title (iv) environmental protection, 4 Any claim, by reason of the operation of federal bankruptcy, state or the effect of any violation of these laws, ordinances, or governmental insolvency, or similar creditors'rights laws,that the transaction vesting the regulations This Exclusion 1(a)does not modify or limit the coverage provided Title as shown in Schedule A,is under Covered Risk 5 (a) a fraudulent conveyance or fraudulent transfer,or (b) Any governmental police power This Exclusion 1(b)does not modify (b) a preferential transfer for any reason not stated in Covered Risk 9 of or limit the coverage provided under Covered Risk 6 this policy 2 2 Rights of eminent domain This Exclusion does not modify or limit the 5. Any lien on the Title for real estate taxes or assessments imposed by coverage provided under Covered Risk 7 or 8 governmental authority and created or attaching between Date of Policy and 3 Defects,liens,encumbrances,adverse claims,or other matters the date of recording of the deed or other instrument of transfer in the Public (a) created,suffered,assumed,or agreed to by the Insured Claimant, Records that vests Title as shown in Schedule A CONDITIONS 1. DEFINITION OF TERMS purposes The following terms when used in this policy mean- (ii) With regard to(A), (B), (C),and(D)reserving, however, all (a) "Amount of Insurance" The amount stated in Schedule A,as may rights and defenses as to any successor that the Company be increased or decreased by endorsement to this policy, would have had against any predecessor Insured increased by Section 8(b),or decreased by Sections 10 and 11 of (e) "Insured Claimant" An Insured claiming loss or damage these Conditions (f) "Knowledge" or "Known" Actual knowledge, not constructive (b) "Date of Policy" The date designated as "Date of Policy" in knowledge or notice that may be imputed to an Insured by reason Schedule A of the Public Records or any other records that impart constructive (c) "Entity" A corporation,partnership,trust,limited liability company, notice of matters affecting the Title or other similar legal entity (g) "Land" The land described in Schedule A, and affixed (d) "Insured" The Insured named in Schedule A improvements that by law constitute real property The term (i) The term"Insured"also includes "Land"does not include any property beyond the lines of the area (A) successors to the Title of the Insured by operation of described in Schedule A, nor any right, title, interest, estate, or law as distinguished from purchase, including heirs, easement in abutting streets,roads,avenues,alleys,lanes,ways, devisees, survivors, personal representatives, or next or waterways, but this does not modify or limit the extent that a of kin, right of access to and from the Land is insured by this policy (B) successors to an Insured by dissolution, merger, (h) "Mortgage" Mortgage,deed of trust,trust deed,or other security consolidation,distribution,or reorganization, instrument, including one evidenced by electronic means (C) successors to an Insured by its conversion to another authorized by law kind of Entity, (i) "Public Records" Records established under state statutes at (D) a grantee of an Insured under a deed delivered without Date of Policy for the purpose of imparting constructive notice of payment of actual valuable consideration conveying the Title matters relating to real property to purchasers for value and (1) if the stock,shares,memberships, or other equity without Knowledge With respect to Covered Risk 5(d), "Public interests of the grantee are wholly-owned by the Records"shall also include environmental protection liens filed in named Insured, the records of the clerk of the United States District Court for the (2) if the grantee wholly owns the named Insured, district where the Land is located (3) if the grantee is wholly-owned by an affiliated Entity U) "Title" The estate or interest described in Schedule A of the named Insured,provided the affiliated Entity and (k) "Unmarketable Title" Title affected by an alleged or apparent the named Insured are both wholly-owned by the same matter that would permit a prospective purchaser or lessee of the person or Entity,or Title or lender on the Title to be released from the obligation to (4) if the grantee is a trustee or beneficiary of a trust purchase,lease,or lend if there is a contractual condition requiring created by a written instrument established by the the delivery of marketable title Insured named in Schedule A for estate planning ------------ ---- — - ---- --- Seria-l-No.: -0=8911-000864677 File No: 7144175 CONDITIONS(Continued) 2 CONTINUATION OF INSURANCE Company all reasonable aid (i) in securing evidence, obtaining The coverage of this policy shall continue in force as of Date of Policy witnesses, prosecuting or defending the action or proceeding, or in favor of an Insured,but only so long as the Insured retains an estate effecting settlement, and (u) in any other lawful act that in the or interest in the Land, or holds an obligation secured by a purchase opinion of the Company may be necessary or desirable to money Mortgage given by a purchaser from the Insured,or only so long establish the Title or any other matter as insured If the Company as the Insured shall have liability by reason of warranties in any transfer is prejudiced by the failure of the Insured to furnish the required or conveyance of the Title This policy shall not continue in force in cooperation, the Company's obligations to the Insured under the favor of any purchaser from the Insured of either(i)an estate or interest policy shall terminate, including any liability or obligation to in the Land,or(u)an obligation secured by a purchase money Mortgage defend, prosecute, or continue any litigation, with regard to the given to the Insured matter or matters requiring such cooperation (b) The Company may reasonably require the Insured Claimant to 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT submit to examination under oath by any authorized The Insured shall notify the Company promptly in writing(r)in case of representative of the Company and to produce for examination, any litigation as set forth in Section 5(a)of these Conditions,(u)in case inspection,and copying, at such reasonable times and places as Knowledge shall come to an Insured hereunder of any claim of title or may be designated by the authorized representative of the interest that is adverse to the Title, as insured, and that might cause Company,all records,in whatever medium maintained,including loss or damage for which the Company may be liable by virtue of this books,ledgers,checks,memoranda,correspondence,reports,e- policy,or(m)if theTitle,as insured,is rejected as Unmarketable Title If mails,disks,tapes, and videos whether bearing a date before or the Company is prejudiced by the failure of the Insured Claimant to after Date of Policy,that reasonably pertain to the loss or damage provide prompt notice, the Company's liability to the Insured Claimant Further, if requested by any authorized representative of the under the policy shall be reduced to the extent of the prejudice Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to 4. PROOF OF LOSS examine,inspect,and copy all of these records in the custody or In the event the Company is unable to determine the amount of loss or control of a third party that reasonably pertain to the loss or damage, the Company may, at its option, require as a condition of damage All information designated as confidential by the Insured payment that the Insured Claimant furnish a signed proof of loss The Claimant provided to the Company pursuant to this Section shall proof of loss must describe the defect, lien, encumbrance, or other not be disclosed to others unless, in the reasonable judgment of matter insured against by this policy that constitutes the basis of loss or the Company, it is necessary in the administration of the damage and shall state,to the extent possible,the basis of calculating claim Failure of the Insured Claimant to submit for examination the amount of the loss or damage under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information 5. DEFENSE AND PROSECUTION OF ACTIONS from third parties as required in this subsection,unless prohibited (a) Upon written request by the Insured, and subject to the options by law or governmental regulation, shall terminate any liability of contained in Section 7 of these Conditions, the Company, at its the Company under this policy as to that claim own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; a claim covered by this policy adverse to the Insured This TERMINATION OF LIABILITY obligation is limited to only those stated causes of action alleging In case of a claim under this policy, the Company shall have the matters insured against by this policy The Company shall have following additional options: the right to select counsel of its choice(subject to the right of the (a) To Pay or Tender Payment of the Amount of Insurance To pay Insured to object for reasonable cause)to represent the Insured or tender payment of the Amount of Insurance under this policy as to those stated causes of action It shall not be liable for and together with any costs,attorneys'fees,and expenses incurred by will not pay the fees of any other counsel The Company will not the Insured Claimant that were authorized by the Company up to pay any fees, costs, or expenses incurred by the Insured in the the time of payment or tender of payment and that the Company defense of those causes of action that allege matters not insured is obligated to pay Upon the exercise by the Company of this against by this policy option,all liability and obligations of the Company to the Insured (b) The Company shall have the right, in addition to the options under this policy,other than to make the payment required in this contained in Section 7 of these Conditions, at its own cost, to subsection, shall terminate, including any liability or obligation to institute and prosecute any action or proceeding orto do any other defend,prosecute,or continue any litigation act that in its opinion may be necessary or desirable to establish (b) To Pay or Otherwise Settle With Parties Other Than the Insured the Title,as insured,or to prevent or reduce loss or damage to the or With the Insured Claim ant Insured The Company may take any appropriate action under (i) To pay or otherwise settle with other parties for or in the the terms of this policy, whether or not it shall be liable to the name of an Insured Claimant any claim insured against Insured The exercise of these rights shall not bean admission of under this policy In addition, the Company will pay any liability or waiver of any provision of this policy If the Company costs,attorneys'fees,and expenses incurred by the Insured exercises its rights under this subsection,it must do so diligently Claimant that were authorized by the Company up to the (c) Whenever the Company brings an action or asserts a defense as time of payment and that the Company is obligated to pay, required or permitted by this policy,the Company may pursue the or litigation to a final determination by a court of competent (u) To pay or otherwise settle with the Insured Claimant the loss jurisdiction, and it expressly reserves the right, in its sole or damage provided for under this policy,together with any discretion,to appeal any adverse judgment or order costs,attomeys'fees,and expenses incurred by the Insured Claimant that were authorized by the Company up to the 6. DUTY OF INSURED CLAIMANT TO COOPERATE time of payment and that the Company is obligated to pay (a) In all cases where this policy permits or requires the Company to Upon the exercise by the Company of either of the options prosecute or provide for the defense of any action or proceeding provided for in subsections(b)(r)or(u),the Company's obligations and any appeals, the Insured shall secure to the Company the to the Insured under this policy for the claimed loss or damage, right to so prosecute or provide defense in the action or other than the payments required to be made, shall terminate, proceeding, including the right to use, at its option, the name of including any liability or obligation to defend, prosecute, or the Insured for this purpose Whenever requested by the continue any litigation Company,the Insured,at the Company's expense,shall give the --- _------'-- ---- - --- - -- ----Serial-No_: O 8911-000864677 File No- 7144175 CONDITIONS(Continued) 8. DETERMINATION AND EXTENT OF LIABILITY (b) The Company's right of subrogation includes the rights of the This policy is a contract of indemnity against actual monetary loss or Insured to indemnities,guaranties,other policies of insurance, or damage sustained or incurred by the Insured Claimant who has bonds,notwithstanding any terms or conditions contained in those suffered loss or damage by reason of matters insured against by this instruments that address subrogation rights policy (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance,or (n) the difference between the value of the Title as insured and 14. ARBITRATION the value of the Title subject to the risk insured against by Either the Company or the Insured may demand that the claim or this policy controversy shall be submitted to arbitration pursuant to the Title (b) If the Company pursues its rights under Section 5 of these Insurance Arbitration Rules of the American Land Title Association Conditions and is unsuccessful in establishing the Title, as ("Rules') Except as provided in the Rules,there shall be no joinder or insured, consolidation with claims or controversies of other persons Arbitrable (i) the Amount of Insurance shall be increased by 10%,and matters may include, but are not limited to, any controversy or claim (u) the Insured Claimant shall have the right to have the loss or between the Company and the Insured arising out of or relating to this damage determined either as of the date the claim was policy, any service in connection with its issuance or the breach of a made by the Insured Claimant or as of the date it is settled policy provision,or to any other controversy or claim arising out of the and paid transaction giving rise to this policy All arbitrable matters when the (c) In addition to the extent of liability under(a)and(b),the Company Amount of Insurance is$2,000,000 or less shall be arbitrated at the will also pay those costs, attorneys'fees,and expenses incurred option of either the Company or the Insured All arbitrable matters when in accordance with Sections 5 and 7 of these Conditions the Amount of Insurance is in excess of$2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured Arbitration 9. LIMITATION OF LIABILITY pursuant to this policy and under the Rules shall be binding upon the (a) If the Company establishes the Title, or removes the alleged parties Judgment upon the award rendered by the Arbitrator(s)may defect,lien,or encumbrance,or cures the lack of a right of access be entered in any court of competent jurisdiction to or from the Land,or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, 15. LIABILITY LIMITED TO THIS POLICY;POLICY ENTIRE including litigation and the completion of any appeals,it shall have CONTRACT fully performed its obligations with respect to that matter and shall (a) This policy togetherwith all endorsements,if any,attached to it by not be liable for any loss or damage caused to the Insured the Company is the entire policy and contract between the Insured (b) In the event of any litigation,including litigation by the Company and the Company. In interpreting any provision of this policy,this or with the Company's consent, the Company shall have no policy shall be construed as a whole liability for loss or damage until there has been a final (b) Any claim of loss or damage that arises out of the status of the determination by a court of competent jurisdiction,and disposition Title or by any action asserting such claim shall be restricted to of all appeals,adverse to the Title,as insured this policy (c) The Company shall not be liable for loss or damage to the Insured (c) Any amendment of or endorsement to this policy must be in writing for liability voluntarily assumed by the Insured in settling any claim and authenticated by an authorized person, or expressly or suit without the prior written consent of the Company. incorporated by Schedule A of this policy (d) Each endorsement to this policy issued at any time is made a part 10. REDUCTION OF INSURANCE,REDUCTION OR TERMINATION OF of this policy and is subject to all of Its terms and LIABILITY provisions Except as the endorsement expressly states,it does All payments under this policy, except payments made for costs, not (i) modify any of the terms and provisions of the policy, (u) attorneys'fees, and expenses, shall reduce the Amount of Insurance modify any prior endorsement, (iii) extend the Date of Policy,or by the amount of the payment (iv)increase the Amount of Insurance 11. LIABILITY NONCUMULATIVE 16. SEVERABILITY The Amount of Insurance shall be reduced by any amount the Company In the event any provision of this policy,in whole or in part,is held invalid pays under any policy insuring a Mortgage to which exception Is taken or unenforceable under applicable law,the policy shall be deemed not in Schedule B or to which the Insured has agreed, assumed,or taken to include that provision or such part held to be invalid, but all other subject, or which is executed by an Insured after Date of Policy and provisions shall remain in full force and effect which Is a charge or lien on the Title,and the amount so paid shall be deemed a payment to the Insured under this policy 17. CHOICE OF LAW;FORUM (a) Choice of Law The Insured acknowledges the Company has 12 PAYMENT OF LOSS underwritten the risks covered by this policy and determined the When liability and the extent of loss or damage have been definitely premium charged therefore In reliance upon the law affecting fixed in accordance with these Conditions,the payment shall be made interests in real property and applicable to the Interpretation, within 30 days rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the Land is located 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT Therefore, the court or an arbitrator shall apply the law of the (a) Whenever the Company shall have settled and paid a claim under jurisdiction where the Land is located to determine the validity of this policy, It shall be subrogated and entitled to the rights of the claims against the Title that are adverse to the Insured and to Insured Claimant In the Title and all other rights and remedies in Interpret and enforce the terms of this policy In neither case shall respect to the claim that the Insured Claimant has against any the court or arbitrator apply its conflicts of law principles to person or property,to the extent of the amount of any loss,costs, determine the applicable law attorneys'fees,and expenses paid by the Company If requested (c) Choice of Forum Any litigation or other proceeding brought by by the Company, the Insured Claimant shall execute documents the Insured against the Company must be filed only in a state or to evidence the transfer to the Company of these rights and federal court within the United States of America or its territories remedies The Insured Claimant shall permit the Company to sue, having appropriate jurisdiction compromise,or settle In the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or 18. NOTICES,WHERE SENT litigation involving these rights and remedies If a payment on Any notice of claim and any other notice or statement in writing required to account of a claim does not fully cover the loss of the Insured be given to the Company under this policy must be given to the Company at Claimant, the Company shall defer the exercise of its right to Claims Department at 60 East 42"d Street,Suite 1260,New York,NY 10165 recover until after the Insured Claimant shall have recovered Its loss --- - -- -- - — ` -- - '�-Serral-No::- O 8911-000864677 File No. 7144175 stewarpt titie Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 i File Number: 7144175 Name and Address of Title Insurance Company: Stewart Title Insurance Company 60 East 42nd Street, Suite 1260 New York, NY 10165 SCHEDULE A- CERTIFICATION Amount of Insurance: $482,541.22 1. Name of Insured: Town of Southold 2. The estate or interest in the Land that is insured by this policy is: Easement 3. Title is vested in: Town of Southold by virtue of an Easement Agreement from 410 Sound Avenue LLC, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. District: 1000 Section: 120.00 Block:'03.00 Part of Lot: 011.008 - Schedule A Certification (Page 1 of 1) - stewart t4}io Policy Number: 0-8911-000864677 1.• Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE A— DESCRIPTION OVERALL DESCRIPTION (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 1,472.52 feet; THENCE South 71 degrees 31 minutes 30 seconds West 297.66 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1,543.12 feet to the southerly line of Sound Avenue and the point or place of BEGINNING. Schedule A Description (Page 1 of 3)- stewaft titin Policy Number: 0-8911-000864677 stewaft of Policy: July 25, 2019 File Number: 7144175 EXCLUDED AREA (NOT TO BE INSURED): ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; RUNNING THENCE along Sound Avenue the following two courses and distances: 1. North 83 degrees 45 minutes 30 seconds East 113.9 feet; thence 2. North 85 degrees 38 minutes 20 seconds East 190.56 feet; THENCE South 19 degrees 53 minutes 50 seconds East 351.79 feet; THENCE South 75 degrees 12 minutes 00 seconds West 296.31 feet to land of now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 403.40 feet to the southerly line of'Sound Avenue and the point or place of BEGINNING. Schedule A Description (Page 2 of 3) - stewart title Policy Number: 0-8911-000864677 Date of Policy:.July 25, 2019 File Number: 7144175 DEVELOPMENT RIGHTS EASEMENT AREA,(TO BE INSURED) ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Mattituck, Town of { Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southerly line of Sound Avenue at the northeasterly corner of land now or formerly of MDH LLC and the northwesterly corner of the premises herein described; THENCE South 19 degrees 46 minutes 30 seconds East 403.40 feet to the true point of beginning; THENCE North 75 degrees 12 minutes 00 seconds East 296.31 feet to land now or formerly of the Town of Southold; THENCE along said land, South 19 degrees 53 minutes 50 seconds East 1120.78 feet to other land of Town of Southold; THENCE along said land South 71 degrees 31 minutes 30 seconds West 297.66 feet to land now or formerly MDH LLC; THENCE along said land North 19 degrees 46 minutes 30 seconds West 1139.72'feet to the point or place of BEGINNING. -Schedule A Description (Page 3 of 3)- Stewart title Policy Number: 0-8911-000864677 1• Date of Policy: July 25, 2019 File Number: 7144175 SCHEDULE B EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage and the Company will not pay costs, attorneys' fees or expenses that arise by reason of: 1. Rights of tenants or parties in possession, if any. 2. Policy excepts all water charges from date of the last actual reading of the meter including all charges entered hereafter but which might include usage prior to the date of this policy. 3. Survey exceptions as shown on survey made by Peconic Surveyors, P.C., last dated 5/1/2019 (Job Number 19-020): As to excluded area: a. Subject to rights of others over gravel road crossing northerly part of premises; As to Development Rights Easement Area: b. No encroachments;or variations shown on the Development Rights Easement Area. 4. Terms, conditions, restrictions, and other matters set forth in the Easement Agreement made by and between Town of Southold and 410 Sound Avenue LLC, a New York Limited Liability Company dated 7/25/2019 to be duly recorded in the Suffolk County Clerk's/Registers Office. 5. CREDIT LINE MORTGAGE made by Patricia Divello and 410 Sound Avenue LLC, as mortgagor(s) to Farm Credit East ACA, as mortgagee, dated 2/26/2013 and recorded 3/28/2013 in Liber 22320 page 777 in the amount of$550,000.00. Mortgage tax paid: $0.00. SUBORDINATION AGREEMENT dated 7/23/2019 made by Farm Credit East ACA to Town of Southold and to be recorded in the Suffolk County Clerk's/Registers Office. 6. CREDIT LINE MORTGAGE made by 410 Sound Avenue LLC, and Patricia DiVello as mortgagor(s) to Farm Credit East ACA, as mortgagee, dated 4/6/2016 and recorded 5/17/2016 in Liber 22703 page 313 in the amount of$400,000.00. Mortgage tax paid: $0.00. SUBORDINATION AGREEMENT dated 7/23/2019 made by Farm Credit East ACA to Town of Southold and to be recorded in the Suffolk County Clerk's/Registers Office. The above mortgages covers premises and more. Schedule B Part I (Page 1 of 1)- stews ft tlt'o Policy Number: 0-8911-000864677 1. GG�� Date of Policy: July 25, 2019 File Number: 7144175 STANDARD NEW YORK ENDORSEMENT (Owner's Policy) 1. The following is added as a Covered Risk: "11 Any statutory lien arising under Article 2 of the New York Lien Law for services, labor or materials furnished prior to the date hereof, and which has now gained or which may hereafter gain priority over the estate or interest of the insured as shown in Schedule A of this policy." 2. Exclusion Number 5 is deleted, and the following is substituted: 5. Any lien on the Title for real estate taxes, assessments, water charges or sewer rents imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as Shown in Schedule A. This endorsement is issued as part of the policy. Except as it expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsements, (iii) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provision of the policy or a previous endorsement is inconsistent with an express provision of this endorsement, this endorsement controls. Otherwise, this endorsement is subject to all of the terms and provisions of the policy and of any prior endorsements. Countersigned By: NNS John John Frates ti �p�Q�r President and General Counsel 1987 hord Olfic o Agent Denise arraux Secretary Stewart Title Insurance Company 60 East 42nd Street, Suite 1260 New York, New York 10165 STANDARD NEWYORK ENDORSEMENT(7/01/12) FOR USE WITH ALTA OWNER'S POLICY(6-17-06) stewart tftie Policy Number: 0-8911-000864677 Date of Policy: July 25, 2019 File Number: 7144175 POLICY AUTHENTICATION ENDORSEMENT 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 (iu) 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. Countersigned By: XNS� John Frates �cF President and General Counsel � 1998787 ZeIA ,E"I ho-r' d 6Ma Agent *�k* Denise rraux Secretary Stewart Title Insurance Company 60 East 42nd St., Suite 1260 New York, New York 10165 TIRSA POLICY AUTHENTICATION ENDORSEMENT(6/24/2016) N 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 ZOacres of active farmland and/or acres of non- farmland, situated at Suffolk County Tax Map No. p/o 1000-120-3-11.8 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,S,WJTHOLD 410 SOUND AVENUE, LLC Scott Russell, Supervisor By: Patricia DiVello 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1889 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) -On the 25th day of July, 2019, before me personally appeared SCOTT RUSSELL, personally known to me or provided to me on the basis of satisfactory evidence to be the individual, whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity as Supervisor of the TOWN OF SOUTHOLD; that he knows the seal of said municipal, corporation; that the seal affixed to said instrument is such corporate seal; and that by his signature on the instrument, the individual, or the municipal corporation upon behalf of which the individual, acted, executed the instrument and affixed the seal thereto by like order. AN—ti - Notary blic Iv.ARY KOLAKOWSM ;ii TORY PUBLIC-STATE OF NEW YORK No 01K04870006 Cualified in Suffolk county My Commission Expires 09-02-2022 STATE OF NEW YORK ) ) ss.: COUNTY OF SUFFOLK ) On the 25th day of July in the year 2019 before me, the undersigned, personally appeared PATRICIA DIVELLO, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance efore the undersigned. No"tary Public MARY KOLAKOWSKI NOTARY PUBLIC-STATE OF NEW YORK No 01K04870006 oualif ied in Suffolk County N1y Com,nission Expires 09-02-2022 2 i t NE�I/voTY_ Agriculture' STATE OF OPPORTUNITY_ and Markets ANDREW M.CUOM-O RICHARD,A. BALL i Governor Commissioner October 18, 2019 Melissa Spiro Department of Land Preservation ' Town of Southold i PO Box 1179 Southold, NY 11971-0959 RE: Waiver—Town.of Southold, Suffolk County--Acquisition of an Interest in Land 1 } i Dear Ms. Spiro: i 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 410 Sound Ave, LLC, for , approximately 7,65-acres of active farmland (Tax,Parcel ID No 1000-3-11.8) located in the Town of Mattituck. { i 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. t You are reminded that waiving the filing requirements in paragraphs (b) and (c) of subdivision_(4) does not relieve the Town of Mattituck 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. Sincer 1 4 Kate Tylutki Senior Environmental Analyst cc: Ken Schmitt, Chair, Suffolk County AFPB File No.: AP 191082-W Division of Land and Water Resources 110B Airline Dr Albany,N Y, 122351 518.457.88871 vnrnv agriculture ny gov OFFICE LOCATION: MELISSA A. SPIRO �zf SO(/TTown Hall Annex LAND PRESERVATION COORDINATOR �0� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (comer of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 rn ac www.southoldtownny.gov p MAILING ADDRESS: 10DU01� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 18,2019 Kate Tylutki Senior Environmental Analyst Agricultural Protection Unit NYS Department of Agriculture and Markets lOB Airline Drive Albany,NY 12235 Re: 410 SOUND AVENUE,LLC to TOWN OF SOUTHOLD Part of SCTM#1000-120.-3-11.8 Dear Ms.Tylutki: Enclosed please find the"Waiver—NYS Department of Agriculture and Markets"that was executed by Southold Town Supervisor Scott A.Russell and Patricia DiVello of 410 Sound Avenue,LLC a closing held on July 25,2019 for a development rights easement on farmland identified as part of SCTM #1000-120.-3-11.8.Details regarding this easement are as follows: GRANTOR: 410 Sound Avenue,LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/11/2019 LIBER: D00013028 PAGE: Page 130 LOCATION: 410 Sound Avenue,Mattituck EASEMENT ACREAGE: 7.6899 acres SUFFOLK CO TAX MAP#: 1000-120.00-03.00-p/o 011.008 Please provide me with a written acknowledgment of your receipt of the waiver at your earliest opportunity. Thank you. Sincerely, Melissa Spiro Land reservation Coordinator /md enc. N Y S D E C R E G I S T R Y NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Lands and Forests,Bureau of Real Property 625 Broadway,5th Floor,Albany,New York 12233-4250 P.(518)402-94421 F•(518)402-9028 1 Landsforestsftec.ny gov www.dec.ny.gov January 7, 2020 �/j(� II11�CE0 v L5® Melissa Spiro Sr. Administrative Assistant Land Preservation Coordinator JAN — 7 2020 Town of Southold PO Box 1179 Southold, NY 11971-0959 LAND PRESERVATION DEPT Town of Southold Dear Ms. Spiro: We received the following-conservation easements from you on September 17 and 18, 2019: CE: Suffolk 0677 Grantor: MDH, LLC Deed: Liber D00013028 Page 607 Recorded: September 13, 2019 CE: Suffolk 0678 Grantor: Eugene P. and Maryann Krupski Deed: Liber D00013028 Page 124 Recorded: September 11,2019 CE: Suffolk 0679 Grantor: 410 Sound Avenue, LLC Deed: Liber D00013028 Page 130 Recorded: September 11, 2019 The conservation easements cited above have been identified for our indexing and filing purposes. The numbers may be needed for the landowner to claim a conservation easement tax credit, however, please refer to the instructions for filing at NYS Department of Taxation and Finance form IT-242i(excerpt below in italics): /Dote:A taxpayer should maintain adequate records to substantiate the conservation easement's compliance with the provisions of IRC 170(h). This includes, but is not limited to, a copy of federal Form 8283, Noncash Charitable Contributions, for the year of the donation.Also acceptable is a letter from the public or private conservation agency stating that the conservation easement was donated or purchased: •for no consideration or a nominal amount, or •for less than fair market value(FMV),provided, in this case, the letter is accompanied by an appraisal indicating the FMV of the conservation easement that was made at the time of the purchase of the easement. The appraisal must be made by a qualified appraiser as defined in federal regulations section 1. 170A-13(c)(5). However, dedications of land for open space through the execution of conservation easements for the purpose of fulfilling density requirements to obtain subdivision or building permits are not considered a conservation easement for purposes of this credit. J ' YORK Department of s 'M Environmental O•KNILwY �r Conservation It is suggested that the taxpayer consult their accountant or New York State Taxation and Finance with questions. When contacting this office about these parcels, please use the assigned conservation easement numbers. Thank you. Sincerely, 1 -y! �1 _. �L ire' Lynn M. Lindskoog Real Estate Specialist 1 Bureau of Real Property Iml OFFICE LOCATION: MELISSA A. SPIRO *pE SOUjTown Hall Annex LAND PRESERVATION COORDINATOR �0� Ol0 54375 State Route 25 w melissa.spiro@ton.southold.ny.us (comer of Main Road& Youngs Avenue) Southold, New York Telephone(631)765-5711 N ,c MAILING ADDRESS: www.southoldtownny.gov C�Ue� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD January 8, 2020 Patricia DiVello 410 Sound Avenue, LLC 220 Blossom Bend Mattituck,NY 11952 Re: NYSDEC Conservation Easements Registry CE: Suffolk 0679 SCTM#1000-120.-3-11.8 Dear Ms. DiVello: 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 CE: Suffolk 0679. You will 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. g yours,oros Sr. Administrative Assistant encs. OFFICE LOCATION: MELISSA A. SPIRO *Qf SU(/Ty Town Hall Annex LAND PRESERVATION COORDINATOR ��� O1 54375 State Route 25 w melissa.spiro@ton.southold.ny.us (corner of Main Road& Youngs Avenue) Southold, New York Telephone(63 1)765-5711 u> >e www.southoldtownny.gov �l� �Q MAILING ADDRESS: 100um� P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD VIA electronic mail lynn.lindskoog@dec.ny.gov September 18,2019 NYSDEC Bureau of Real Property 625 Broadway,51`Floor Albany,NY 12233-4256 Attention: Lynn M.Lindskoog,Real Estate Specialist I Bureau of Real Property Re: Conservation Easements Registry 410 SOUND AVENUE,LLC to TOWN OF SOUTHOLD Dear Ms.Lindskoog: Attached 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: 410 Sound Avenue,LLC GRANTEE: Town of Southold SUFFOLK CO RECORDING DATE: 9/11/2019 LIBER: D00013028 PAGE: Page 130 LOCATION: 410 Sound Avenue,Mattituck EASEMENT ACREAGE: 7.6899 acres SUFFOLK CO TAX MAP#: 1000-120.00-03.00-p/o 011.008 Kindly acknowledge receipt of this document by providing me with the NYS-DEC control number assigned to this easement. Sincerely, C�i�a- Melissa Spiro Land Preservation Coordinator enc. cc: 410 Sound Avenue,LLC Attn: Patricia DiVello P R O P E R T Y R E C O R D S 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD part of SCTM #1000-120.-3-11.8 Total Development Rights Easement— 7.6899 acres Total Parcel Acreage — 10.2532 acres Excluded Area — 2.5633 acres Premises: 410 Sound Avenue, Mattituck, New York Closing took place on Thursday, July 25, 2019 at 2:30 p.m., Southold Town Hall Annex Supervisor Scott A. Russell Patricia DiVello 1 _ v} Yr 1 S�FFOj�- OFFICE LOCATION: MELISSA A.SPIRO O�� CSGTown Hall Annex LAND PRESERVATION COORDINATOR �.Z. .fes 54375 State Route 25 melissa spao@town southold ny.us a .G (comer of Main Rd&Youngs Ave) N Z Southold,New York Telephone(631)765-5711 W- Facsimile(631)765-6640 ep • �� MAILING ADDRESS: www.southoldtownny.gov �0( �`a� P O Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD r 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 r From: Melissa Spiro, Land Preservation Coordinator Date: August 5, 2019 Re: Property#1 (West Property): MDH. LLC to TOWN OF SOUTHOLD Part of SCTM#1000-120.-3-2 Development Rights Easement Property#2 (East Property): 410 SOUND AVENUE, LLC to TOWN OF SOUTHOLD Part of SCTM#1000-120.-3-11.8 Development Rights Easement Please be advised that the Town of Southold has acquired development rights easements on the properties listed below. If you would like any additional information regarding the acquisitions, please feel free to contact me. Property#1 "West Property": LOCATION: 260 Sound Avenue, Mattituck SCTM#: part of 1000-120.-3-2 PROPERTY OWNER: MDH, LLC (Patricia DiVello) CONTRACT DATE: March 7, 2018 PURCHASE DATE: Closing took place on July 25, 2019 PURCHASE PRICE: $510,239.07 (8.1313 acres @$62,750/buildable acre) EASEMENT ACREAGE: 8.1313 acres TOTAL PARCEL ACREAGE: 10.8417 acres Property #1 -"West Property" (continued): EXCLUDED AREA: 2 7104 acres at north end of property along southerly side of Sound Ave Covenants & Restrictions were recorded stating that the landowner, or any future landowner, can apply for a subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification In addition, any farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting Development Rights Easement Area shall be at least ten (10) acres in size and attached to an area with its building rights intact ZONING: Agricultural-Conservation (A-C) Zoning District FUNDING: Community Preservation Fund (2%) Property#2 - "East Property": LOCATION: 410 Sound Avenue, Mattituck SCTM #: part of 1000-120.-3-11.8 PROPERTY OWNER: 410 Sound Avenue, LLC (Patricia DiVello) CONTRACT DATE: March 7, 2018 PURCHASE DATE: Closing took place on July 25, 2019 PURCHASE PRICE: $484,541 22 (7 6899 acres @ $62,750/buildable acre) EASEMENT ACREAGE: 7 6899 acres TOTAL PARCEL ACREAGE: 10 2532 acres EXCLUDED AREA: 2.5633 acres at north end of property along southerly side of Sound Ave Covenants & Restrictions were recorded stating that the landowner, or any future landowner, can apply for a subdivision of an Excluded Area from the Development Rights Easement Areas of the West Property and the East Property, but such application shall be conditioned on an area of a minimum of 80,000 square feet not being separated from either the West Property or the East Property following any proposed subdivision and/or lot line modification. In addition, any farm area resulting from a proposed subdivision must be reconfigured or merged with another Development Rights Easement Area so that any resulting Development Rights Easement Area shall be at least ten (10) acres in size and attached to an area with its building rights intact ZONING: Agricultural-Conservation (A-C) Zoning District FUNDING: Community Preservation Fund (2%) SURVEY OF PROPERTY SOUNO AVE AT LAUREL TORN OF SOUTHOLD SUFFOLK COUNTY, NY sa,ss sower moo-leo-ws o2 ,aoB• •, -_w .�l"" ±�� p SCA LE 1'=50 >0,9 .rtM[,I>O 9(BEV A0.4NEFf �m a, 1 WET PRO PT9 i M1OAEi SHr)Itt LLL $� 1 1t 11T j7 N \ LrICtS� t acw��Mu•±:cr was sora / 5,C1%•E v N/0/T \ DEYCLOPyEM 31GM5 EASEUENI MEA-B IJBJ AC0.E$ 110 SO N0 AVE LLC (1 _ L V t O .� za Z 2 0 � o BT/.fflc N 0 � C � S NQ 0 2� C t` \ � 4 4 r�oNOm TOVM OF SOWHOLO OEVELO ENT NIGHTS ` OWN Or BOVfHOLO uOM,LLC TOTAL LOTMEA•i0 m�>aL0.E5 STO+NN n�o51WNfCE COLWMY h OEVELOPUEN,xR NS E.sruFnTAgP/,�B itl BCnES V EYaweoMrw-l>,wACWEB \ / j KEY P 1 JAI i �.-unnr�Le �j TOWN o,sB.u�ao t ♦ - 1% Y£[CR•K O4 ATEA-tlBCp AGTEi p6J,,165-_GIO f Y(6JIJ T63-IA> i�vn�.rra vS K > ccmo W m[wn,rro+wu.w.v wr,eT,vs�exor �� \ O BO.f 9.> 19-019 SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD souNO AVE SUFFOLK COUNTY, NY t90 8s 1000-120-03-II8 xeS JB xD"E y SCALE`1=50 ttJ90 � � NBSAB JO"E O Y SK �Z cv�nvnre� Fle'-o EYCLUDFD MEA J 863J ACRES �65t 5)stx i / 2 N yt1� DEVELOPYCM Ri6Hi5 USEYENT MFA�)6899 ACRE6 0 L CA C �A Q (1 CA A G A O m"Of Os-ow CA %, 9 L Q ➢A Q � � Q Q - N/0/F YOH uurteD uAsulr w u♦rwm ro- SDUMMD .awloN of sour ArcNUE.u< 51E>wMl mLE INsv0.wDE CCU— TOM OF SOUTHOLD DEVELOP—RIGHTS .lyT EB AD5 DEl'ELORUEnT RiDH15 GSEUENI Mp ,X K ES EXCLUDED MFA•I—ACRE9 5)t JJ p KEY ' IC� • .vmE Nu //'/�� H— mDID Na acsw.trcvc . MEA-A3S9—S All) "JBS-.CJD CAX(611)JBS-r)9l y 0.RDX X09 .�vD u.o o<�6E.•xc.,o.L�,SE.t D•�.r:wH�..mr Po..u«..�L s.•Tw swDraa nT 19-020 A E R i A L S 4 4 ►'`' 4 y --1- , .yam!__, dow r +✓'§.�,. 4:. 4,r4 �5 _ - y�r '�,,, __ _-_ SG 1,,�'S.55 45 410 Sound Ave LLC 120.-3- 11 .8 t :+I Google Earth i � A k r' - z . 44 ' IL 1p R . irvaUIRY#:5590880.4 YEAR: zoosEDR ■ F =500, C "OR # i 4 -1 i ,t e ti { INQUIRY#:5590880.4 YEAR: 2006 =500' (rEDR '' q ,,A�+is {•,�„' r4 1 a S U R V E Y SURVEY OF PROPERTY AT LAUREL TOWN OF SOUTHOLD SOUND AVE. SUFFOLK COUNTY, N. Y. TRANSFORMER 190.56' 1000-120-03-11.8 113.90 N89389 OH OH OH SCALE.' 1'=50' N8�45'30"E off off °H < _ .-- Q OHS'— °H OH OH -- o SIGN ELEC. METER 925.30' ?J^ MA Y 1, 2019 OH GRAVEL u GRAVEL GRAVEL ROAD n? FARM STAND FRIG. IRECIE�`,�ED No iX�X_X, ;SHED SAY 2 8 2019 `X LAND PRESERVATION DEPT X GRAVEL X 1 Town of Southold 1 TRAILER x x N A x CO. x iX O PICKET SCEup tJ� I Fj ""q t 0, S U RV El,tj-,' Cry O. i CULTIVATED FI ELD - - EXCLUDED AREA = 2.5633 ACRES 96 31, 5512,00 � N15 DEVELOPMENT RIGHTS EASEMENT AREA = 7.6899 ACRES n C L n O C �A NO O TOWN OF SOUTHOLD - w. L Q 1 101 Q Q N/O/F MDH LIMITED LIABILITY CO N CERTIFIED TO: / TOWN OF SOUTHOLD 410 SOUND AVENUE, LLC STEWART TITLE INSURANCE COMPANY TOWN OF SOUTHOLD DEVELOPMENT RIGHTS g6' TOTAL LOT AREA= 10.2532 ACRES N 29 DEVELOPMENT RIGHTS EASEMENT AREA= 7.6899 ACRES Rom EXCLUDED AREA= 2.5633 ACRES Sl�•3 KEY WE ILLLATION = REBAR ® = WELL ® = STAKE N/O/F OF SOUTHOLD l ® = TEST HOLE TOWN/ ll-5 r t�Eb ® — PIPE = MONUMENT = WETLAND FLAG c0i = UTILITY POLE ,.,A d.. . .S LIC. NO. 49618 AREA 10253 ACRES PECONIC SURVEYORS, P.C. ANY AL TERA TION OR ADD177ON TO THIS SURVEY IS A VIOLA 77ON OF SEC77ON 7209OF 7HE NEW YORK STATE EDUCA 77ON LAW. (631) 765-5020 FAX (631) 765--1797 EXCEPT AS PER SEC77ON 7209—SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VAUD FOR THIS MAP AND COPIES THEREOF P.O. BOX 909 ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON. 1230 TRA VELER STREET SOUTHOLD, N.Y. 11971 19-020