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HomeMy WebLinkAboutMacari Associates, LLC SOUTHOLD TOWN BOARD PUBLIC HEARING January 30, 2007 5:05 PM COUNCILMAN WICKHAM: 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 South old hereby sets Tuesdav. Januarv 30, 2007, at 5:05 p.m., Southold Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearine for the purchase of a development riehts easement on property owned bv Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part ofSCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25010 acres of the 27010 acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland 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 notice that it has appeared as a legal in the local newspaper and it has also appeared as an announcement on the Town Clerk's bulletin board. SUPERVISOR RUSSELL: Would anyone like to come up and address the Town Board on this issue? MELISSA SPIRO, LAND PRESERV A nON COORDINATOR: The Town is purchasing a 25 acre developments rights easement on this 27 acre farm. There is a two acre area including again, an existing residential dwelling and accessory structures that will not be part of the easement. Once again, no additional residential structures would be allowed on the farm and the acquisition does not involve any type of residential subdivision. The landowner is basically preserving all but the two acre area around the existing dwelling. The Peconic Land Trust is involved with and has been facilitating this preservation effort. The purchase price is $72,000 an acre; supported by an appraisal. The Macari farm is located in what is becoming one of the Town's largest blocks of preserved land. There is approximately 100 acres of preserved land south of this property and almost 200 acres of preserved land when you go across the street and to the east. Again, each labeled parcel on this map, I think these labels are larger and you can see them, each labeled parcel is preserved farmland. The Land Preservation Committee and I have been trying to expedite this application and again, it is likely that we are going to have a closing in a couple of weeks. There is a chance that we may be eligible for some federal funding on this parcel, although at the moment it is not looking as likely as it did a few hours ago. So I just wanted to mention that we may have some federal funding for this. Once again, both the Committee and I recommend that the Town proceed with this important acquisition. Thank you. . SUPERVISOR RUSSELL: Thank you, Melissa. Would anyone else like to address the Town Board on this acquisition? (No response) Hearing none, can I get a motion to close? * * * * * ~Clrt...."JI., Elizabeth A. Neville Southold Town Board ,J Town of South old - Letter J,~l,-- Board Meeting of January 30, 2007 RESOLUTION 2007-159 ADOPTED Item # 31 DOC ID: 2558 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-159 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTH OLD TOWN BOARD ON JANUARY 30, 2007: 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 part of a certain parcel of property owned by Macari Associates LLC on the 30th day of January, 2007, pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code, at which time all interested parties were given the opportunity to be heard; and WHEREAS, said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district; and WHEREAS, the development rights easement comprises a part of the property of approximately 25'" acres (subject to survey) of the 27'" acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner; and WHEREAS, the purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds; and WHEREAS, the property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and Generated February 2, 2007 Page 55 , Town of South old - Letter Board Meeting of January 30, 2007 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 (L WRP) and the L WRP Coordinator has determined that this action is consistent with the L WRP; and WHEREAS, the Land Preservation Committee has reviewed the application for the acquisition, and recommends that the Town Board acquire the development rights easement; and WHEREAS, the Town Board deems it in the best public interest that the Town of Southold purchase the development rights on this agricultural land; now, therefore, be it RESOLVED that the Town Board of the Town of Southold hereby elects to purchase a development riehts easement on aericultural land owned bv Macari Associates LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Aericultural Lands Preservation) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The development rights easement comprises a part of the property of approximately 25010 acres (subject to survey) of the 27010 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. Town funding for this purchase is in conformance with the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands Preservation) of the Town Code of the Town of Southold. The proposed action has been reviewed pursuant to Chapter 268 (Waterfront Consistency Review) of the Town Code and the Local Waterfront Revitalization Generated February 2, 2007 Page 56 Town of South old - Letter Board Meeting of January 30, 2007 Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP. tBj.II.f(7.~~ll.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Albert Krupski Jr., Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated February 2, 2007 Page 57 Town of Southold - Letter j~ Board Meeting of January 30, 2007 RESOLUTION 2007-138 ADOPTED Item # 10 DOC ID: 2557 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-138 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 30, 2007: WHEREAS, the Town Board of the Town of Southold wishes to purchase a development rights easement on a certain parcel of property owned by Macari Associates LLC pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Code of the Town of Southold. Said property is identified as part of SCTM #1000-96-2- 10. The address is 4735 Cox Lane, Cutchogue, New York, and is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25010 acres (subject to survey) of the 27010 acre parcel. The exact area of the development rights easement is subject to a survey acceptable to the Land Preservation Committee and the property owner. The purchase price for the easement is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs; now, therefore, be it RESOLVED by the Town Board of the Town of Southold that this action be classified as an Unlisted Action pursuant to the SEQRA Rules and Regulations, 6NYCRR 617.1 et. Seq.; be it further RESOLVED by the Town Board of the Town of Southold that the Town of South old is the only involved agency pursuant to SEQRA Rules and Regulations; be it further RESOLVED by the Town Board of the Town of Southold that the Short Environmental Form prepared for this project is accepted and attached hereto; and, be it further Generated February 2, 2007 Page 15 Town of South old - Letter Board Meeting of January 30, 2007 RESOLVED that the Town Board of the Town of Southold hereby finds no sil!nificant impact on the environment and declares a nel!ative declaration pursuant to SEORA Rules and Rel!ulations for this action. .a;~J~'QfI"''jfl.. Elizabeth A. Neville South old Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Daniel C. Ross, Councilman SECONDER: Thomas H. Wickham, Councilman AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated February 2, 2007 Page 16 #8197 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks, commencing on the 25th day of January 2007. 9--:? ,c::J-d-. ~ Principal Clerk Sworn to before me this 2007 ')J day of D~~ ell) lL 'rhliCld l,--j(t . CHRIS11NA VOLINSKI N01ARY PUBLlC.S1A1E OF NEW YORK No 01.V06105060 Qua\lfl~d In Suffolk cOU~:Y 2008 I Explre5 f&oruorv I r"ommlss on LEGAL NOTICE NOTICE OF PUBUC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapler 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby sets Tllesda~ Januarv 30. 2007. at 5:05 D.m_ Southold Town Hall. 53095 Main Road. Southold. New York. as the time and Dlace for a Dublic hearinp for the Durchase of a de- veloDment rights easement on oronertv owned bv Macari Associates LLC tPe- conic Land Trust as ('ouimet Vendee). Said property is identified as part of SCTM #lOO().96-2.1O. 111e address is 4735 Cox Lane, Cutchogue, New York. The property is located on the south- westerly side of Cox Lane. approxi. mately 50U feet southeasterly from thc interseclion of Cox Lane and County Route 4X in Cutchogue in the A-C Wil- ing district. "tbe proposed acquisition is fOT a development rights easement on a part of the property consisting of ap- proximately 2ST acres of the 27i: acre parceL The exact area of the purchase is subject to a survey acceptable to the L~J.lq.p-rt;~ervation Committee. and the is on file in Land Preservation Depart- ment, Southold Town Hall Annex, 54375 Route 25,Southold, New York, and may be examined by any interested person during business hours. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth Neville 'lown Clerk 8197.1T 1/25 "" a a N en N 2:- '" OJ C '" -, . '" <lJ E i= -'" ~ OJ (f) <lJ f3- . c 3 l Integrated Pest Management ISA 76S:6~l':i.,jf Free Estimates. Fully Insured 298-5500 . ~",~ /'1''' LLC upon whom process against it may be served. SSNY shall mail a copy or process to: C/O BENDIK & ASSOCI- ATES LLC P.D. Box 648. Greenport, NY 11944. Purpose: Any Lawful Pur- pose. Latest date upon which LLC is to dissolve: No Specific Date. 8180-6T 1/11 18 25' 2/1 8 15 LEGAL NOnCE Notice of formation of a Limited Li- . ability Company (LLC): Name: NuVu I Realty, LLC. Articles of Org. filed with Secretary of State of New York (SSNY) on 12/14/06. Office location: Suffolk County. S$NY designated as agent of LLC upon whom process against it may be served. SSNY shall mail copy of pro- cess to: NuVu Realty, LLC, 1620 Water f Terrace,Southold,NewYork 11971. i Term: Perpetual. Purpose: To engage t in any lawful act or activity. I RIR2-6T 1/11 18 2<;' 2/1 8 15 , LEGAL NOTICE I NOTICE OF PUBLIC HEARING ! NOTICE IS HEREBY GIVEN that f pursuant to the provisions of Chapter ~ 17 (Community Preservation Fund) t and Chapter 70 (Agricultural Lands) of f the Town Code, the Town Board of the I Town of Southold hereby sets The~av JanUa" 30. 2007. at 5:10 p m SOlltbold , Town Hall 53095 Main Road Southold. 'I New York as the time and Dlace for u public bearin!! for the DUlThase of a de- l velopment rh.h..'! easement on oropertv ! owned hv East Coud Residential I I Co t Said property is identified as SCTM t #1000-69-3-9.3. The address is 2340 I Ackerly Pond Lane, Southold, New I York. The property is located on the easterly side of Ackerly Pond Lane, ap- proximately 274 feet southeasterly from I the intersection of Ackerly Pond Lane and a Long Island Rail Road crossing in Southold in the A-C zoning district. . The proposed acquisition is for a devel- 'I' opment rights easement on the entire parcel consisting of approximately 16:t acres. I The exact area of the purchase is sub. ject to a survey acceptable to the Land Preservation Committee. The purchase , price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisi- tion costs:The easement will be acquired using Community Preservation Funds. 'The property is listed on the Town's \ Community Preservation Project Plan ;, as property that should be preserved 'i'due to its agricultural value, and as an ~aquifer recharge area; and i; FURTHER NOTICE is hereby ,; given that a more detailed description !of thel above mentioned parcel of land ~is on file in Land Preservation Depart- ':menl SoutholdTown Ha1lAnnex,54375 tRout~ 25, Southold, New York, and may ., be eXamined by any interested person during business hours. JIDated: January 16,2007 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8199-ITl125 LEGAL NOTICE The Annual Meeting of the Cu- tchogue Cemetery Association will be held on Thursday, February 8, 2007, at 2;00 p.m., at the Cutchogue-New Suffolk Free Library for the purpose of electing three Trustees for three-year terms, fill- ing two unexpired Trustee Lerms, and the transaction of such ot}ler business as may properly come before the meeting. Mary _D. Holland Secretary 8191-2T 1125' 2/1 LEGAL NOTICE NOTICE OF MEETING Please take notice that a REGU- LAR BOARD MEETING of the Board of Cooperative Educational Ser- vices, First Supervisory District, Suffolk County, will be held in the Large Group Institution (LGI) Room at the Edward 1. Milliken Technical Center, 375 Locust Avenue, Oakdale, New York, 11769, on Wednesday, January 31, 2007, at 8:00 p.m. Please take further notice that mem- bers of the public may attend the meet- ing. 8191-1T 1125 LEGAL NOTICE The annual meeting of the Southold Free Library will be held on Wednes- day, February 14, 2eX)7 at 7 p.m. in the Library's Community Room. Residents of the Union Free School District #5 are eligible to attend. Election of 1Tustees will be held. Voting is limited to current library cardholders. A regular meeting of the Board of Trustees will follow the Annual Meeting. Brian Walker Secretary, Board of Trustees 8194~2T 1/25.2/1 LEGAL NOTICE Notice of Formation Parson Golf LLC art. of org. filed SSNY 7/17/06. Off. loc. in Suffolk Co. SSNY designated as agent of LLC upon whom process may be served. SSNY shall mail copy of process to: 1380 Bray Ave, Laurel, NY 11949. Purpose: Any lawful purpose. 8195 6T 1125' 2/1 8 15 22' 311 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 TnesdQv Januarv 30.2007. at 5:05 D m.. Sonthold Town Hall. 53095 Main Road Soothold. New York all the time and place for a public hearinf for the Dur~e of a de- velooment nl"hts easement on DroDertv owned hv Macari Associates LJ,C {Pe- conic Land Trust as Contract Vendee}. Said property is identified as part of SCfM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the south- westerly side of Cox Lane, approxi- mately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zon- ing district. The proposed acquisition is for a development rights easement on a part of the property consisting of ap- proximately 25:t acres of the 27-x. acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is sn,()(X) (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preser- vation Funds. The property is listed on the Town's Community Preservation' Project Plan as property that should be' preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart- ment, SoutholdTown Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTIlOLD Elizabeth Neville Town Clerk 8197-1T 1125 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapler 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of Southold hereby set" TlIesdav. Janna" 30. 2007. at 5:00 n m Southold Town Hall. 53095 Maio Road. South- old. New York as the time and place for a OIlhlic heano. for the ourcha...e of a development ntrh.... eUliemeot 00 oroo- ertv owned bv Allan Arrieta IPeconic l,and Trust as Contract Vendee t Said property is identified as part of SCTM #1000-94-3-1.3. The address is 3305 Or- egon Road, Mattituck, New York. The property is located on the northerly side of Oregon Road, approximately 150 feet northeasterly from the intersec- tion of Elijah's Lane and Oregon Road in Mattituck in the A-C zoning district. The proposed acquisition is for a devel- opment rights easement on a part of the property consisting of approximately 10:1 acres of the 12.5:t acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $78,000 (seventy-eight thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preser. vation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Depart- ment, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated; January 16,2007 BY ORDER OF THE TOWN BOARD OFTHE TOWN OF SOUTHOLD Elizabeth Neville Town Clerk 8198+11'1/25 . 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only . PART I-PROJECT INFORMAnON (To be completed by Applicant OR Project) Page 1 of 2 1. APPLICANT (SPONSOR: Southold Town Board 12. PROJECT NAME: ('{\/te<!1'l iAY.oel....'t,j-(y~roll.<;.k,n'.,.(J~ 3. PROJECT LOCAnON: SoFR>t..\o:; Municipality: <;;,.,." ~O (... \":> County: 4. PRECISE LOCATION: (Street address and road intersections, prominent landmarks, etc1 or provide map) Sc"iO\.,to 1000 -Cf' -;2- Ie> '173s (oy. L."1\~) c.,,.~\o~v" \ \1\~rSl'A;h 0+ Gs,<(.q~J c.l: 4-8. 5..1#TI\..,~\'f ~ih (01' t...", J "<Pfwl. 5c)(/ Sc,;n'""sWl y ~'" S. IS PROPOSED ACTION: r1 New 0 Expansion D Nodification !:-DESCRIBE PROJECT BRIE&iY: tr+- " h-b e'l5""'Jlf~ ".... J6-r <lc('S of ~71:. Q,cre (""'\rc-€.l, l'INfl f "'(vA,1.( 0-+ toItlo(lt'ftf r 5 -t -- 7. AMOUNT OF j"AND AFFECTED: -25 ~ INITAlLY ~ - acres ULTIMATELY acres - ------- --- -- ----~--~-- -- - ------, ,.""' -"" .moo 00"'" "'m ==" ro"'", 0' om" "=,, ""0"" ,,~=~ j !5'4 Yes D No If No, deScribe briefly -~~-~ -~-- --~---- -- - ---- --~~-- -~ - -- - --- ---- - - -- - 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? , ~ 1)i: D" ~ r r ,- U,? Coot ('lei' veflAte.. I ReSidential CommerCial Industrial Aqllcultur e Par "-/For ~stjOpen space othe! I Describe I I ~o. DOES A~O;;IN;O~"vE A PERMir-;:;~ROVAL,~ FUNDIN-~,-N-o,,;; OR ~~TI";ATE~~ FROM AN~~TH~R ~OVERNMENTAL ~ i AGENCY (FEDERAL, STATE OR LOCAL)? I r: Yes]'( No if yes, list agcncy(s)andperTr1it/approva!s i t~~.~.u ..~ .-. -'-~~--,~---~_~_~ _, .__.~__ __~_~__'_~____~_'_'~_'_'__'_ i 11. DOES ANY ASPECT OF THE AmON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? I r: Yes 'i"J No If yes, fist agency(s) and penni(/approvals r-~'"-~-~~~--~"- -"'.~~..- '-- --- '--',-----,--- --'.-.--,-~"...,~~~- -.-" ,_'~__~_'u_~__._.,~.__._ .___..'________".___ _ ,_ ~___"~_.._~ ! 12. AS RESULT OF PROPOSED AmON WILL EXISTING PERMIT(APPROVAL REQUIRE MODIFICATION? I rYes Ij4 t~o , I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Appl,c,l<'IjSPO'N" "onw_;?1.~ S~,4_ 5flao} I.t+r.Q 1t'>LU.'~_,_ [1<"0,_ Jill 107 519110111'0_ ~ ~l . ..__----- u If the action is in the Coast<ll Area, and you Me a stille agency, complete the Coastal Assessment Form befol'{> procecdin9 with this assessment . . PART U-ENVIRONMENTAL ASSESSMENT (To be completed by Agency) Page 2 of 2 A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.41 0 Yes ~ No If yes coordinate the review process and use the full EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.61 0 Yes Bl No If no, a negative dedaration may be suspended by another Involved agency C. COULD ACIlON RESULT IN ANY ADVERSE EFFECTS ASSIOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic pattems solid waste production or diSPos~:otential for erosion, drainage or flooding problem? Explain briefly: C2, Aesthetic, agricultural, archaeological, historic or other natural or cultural resources; or community or neighborhood character? ExPla~3rleflY: C3. VXJ~tation or fauna fishes shellfish, or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as offidally adopted, or change in use or intensity of use of land or other natural resources? ExPla~rieflY: CS. G~, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: CG. L~D term, short term, cumulative, or other effects not identified in Cl ~C5? Explain briefly: 0. Other -impacts (including changes in use of either quantity of type of energy)? Explain briefly: rtil " '.'- - - D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERICS THAT CAUSED THE ESTABLISHMENT OF A CEA? n Yesif' No E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? n g( y" No N~"'~_~_~_""~~_~~~.~~_"~"4'_'__'~"~'~_~"~~"~,~~__~~"~_'~~__" ~~~';'~_.~~'~'---' .--,-~~,'--~'-~~~"--~-._--- -~,--~, -~--.;~ 'C__'"-'___',"_ _m ------ -- PART III- DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it i~ suhstantial, lat-ge, or otherwise sigrlificant. lach effect shouid be assessed in connection with its (a) setting (i.e. urban or rural); probability of occurriny; (c) duration; (dO irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If quesUon D of part II was checked yes, the determination and significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. r r Check this box jf you have identified one or more potentially large or significant adverse impacts, which may occur. Then ! proceed directly to the FUll ENVIRONMETNAL ASSESSMENT FORN and/or prepare a positive declaration. I~ Check this box if you have determined, based on the information and analysis auove and any supporting documentation, that the proposed action WIll NOT result in any significnnt adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: \3 I So\M"~'-t> Tow... 6 ..~t> , ! Name of LeQ(,\Agen~ ----'--~-----~- _..,.,... "RA - 5 Seo sse l.L_ __.iP.!<ML_<tRff~VI>ofl.. _ I Print of type NaOle~s~Agency ____ ___c-~ResP(J~le,Offi=---_______1 SIgnatt e of Responsible Officer In Lead Agency SIgnalure of fHepare(If d'ffor~,esponSlbIO Officel).. _~.. J . . 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 South old hereby sets Tuesdav, January 30, 2007. at 5:05 p.m.. South old Town Hall. 53095 Main Road. Southold. New York as the time and place for a public hearinl!: for the purchase of a development ril!:hts easement on property owned bv Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part ofSCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25"= acres ofthe 27"= acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel of land is on file in Land Preservation Department, Southold Town Hall Annex, 54375 Route 25, Southold, New York, and may be examined by any interested person during business hours. Dated: January 16,2007 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTH OLD Elizabeth Neville Town Clerk PLEASE PUBLISH ON JANUARY 25. 2007. AND FORWARD ONE (I) AFFIDAVIT OF PUBLICA nON TO ELIZABETH NEVILLE. TOWN CLERK. TOWN HALL. PO BOX 1179. SOUTHOLD. NY 11971. Copies to the following: The Suffolk Times Land Preservation Town Board Members Town Clerk's Bulletin Board Town Attorney ,... . . STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of South old, New York being duly sworn, says that on the ~ day of jn", II ^ 11 0-- ' 20~: she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of South old, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold, New York. PH on Macari property 1/301075:05 pm C~O~,wd lzabe h A. ev Ie Southold Town Clerk Sworn before Il{II; this '] .;;)5_ day of \ 'p~ ,200i. --u; V<OYI ~ ~~bliC LYNDA 11-,1 i~~,jh;J NOTARY PUBLIC, State of New York No. 01 B06020932 Qualified in Suffolk County Term Expires March 8, 20 p+ Town of Southold - Letter- Boar.eeti~g~:uary 16, 2007 ~......~ '-0/ .,..,. RESOLUTION 2007-104 ADOPTED Item # 22 DOC ID: 2520 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2007-104 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JANUARY 16, 2007: RESOLVED that pursuant to the provisions of Chapter 17 (Community Preservation Fund) and Chapter 70 (Agricultural Lands) of the Town Code, the Town Board of the Town of South old hereby sets Tuesdav. January 30. 2007, at 5:05 p.m.. Southold Town Hall. 53095 Main Road. South old. New York as the time and place for a public hearin2 for the purchase of a development ri2hts easement on property owned bv Macari Associates LLC (Peconic Land Trust as Contract Vendee). Said property is identified as part ofSCTM #1000-96-2-10. The address is 4735 Cox Lane, Cutchogue, New York. The property is located on the southwesterly side of Cox Lane, approximately 500 feet southeasterly from the intersection of Cox Lane and County Route 48 in Cutchogue in the A-C zoning district. The proposed acquisition is for a development rights easement on a part of the property consisting of approximately 25:10 acres of the 27:10 acre parcel. The exact area of the purchase is subject to a survey acceptable to the Land Preservation Committee, and the property owner/contract vendee. The purchase price is $72,000 (seventy-two thousand dollars) per buildable acre plus acquisition costs. The easement will be acquired using Community Preservation Funds. The property is listed on the Town's Community Preservation Project Plan as property that should be preserved due to its agricultural value, and as an aquifer recharge area; and FURTHER NOTICE is hereby given that a more detailed description of the above mentioned parcel ofland 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. Generated January 17,2007 Page 30 . Town of Southold - Letter Boar!eeting of January 16,2007 ~_I~2;Arr;'~' Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Thomas H. Wickham, Councilman SECONDER: Louisa P. Evans, Justice AYES: Evans, Wickham, Ross, Edwards, Russell, Krupski Jr. Generated January 17,2007 Page 31 1111111111111111111111111111111111111111111111111111111 1111111111111111111111111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 17 Receipt Number : 07-0050907 TRANSFER TAX NUMBER: 06-34569 Recorded: At: OS/29/2007 10:02:54 AM Page/Filing COE EA-CTY TP-584 RPT Transfer tax Handling NYS SRCHG EA-STATE Cert.Copies SCTM Corom.Pres Fees Paid D00012507 027 District: 1000 Section: 096.00 EXAMINED AND $1,849,939.00 Block: 02.00 CHARGED AS Deed Amount: $51. 00 $5.00 $5.00 $5.00 $30.00 $0.00 Above Instrument Exempt NO NO NO NO NO NO Exempt NO NO NO NO NO NO Received the Following Fees For TRANSFER TAX NUMBER: 06-34569 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Judith A. Pascale County Clerk, Suffolk County 15J~i:~~'U~ lru JUN 2 2 2007 l1lJ DEPI Of lAND PRESERVATION . Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed. Mortgage Instrument Deed / Mortgage Tax Stamp 3 FEES Page / Filing Fee ~ Handling 5. J)(L r---- TP-584 Notation EA-5217 (County) j~ '7)- 30 CD Sub Total EA-52l7 (State) R.P.TS.A. Comm. of Ed. 5. ..illL Affidavit Certified Copy ~ d-./ 0/) Reg. Copy Sub Total RECOPOED 2007 t-i.~1d 29 10:02:54 kt'1 Judi t.h ~. p.;jscale CLERK OF SUFFOLK COUtir/ L DDOOi2507 P 027 DT# 06-3456'~ Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec. / Assit. or Spec. / Add. TOT. MTG. TAX Dual Town _ Dual County _ Held for Appointment _ +- Transfer Tax e(~ A'h fL ,_ Mansion Tax V~ _ The property covered by this motgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. S?-- - c) Other I) -=- Grand Total Title Company Information Co. Name ::)7ClU/J-;er -r; ST- -g'.31O Suffolk County Recording & Endorsement Page This page forms part of the attached q.e;r/l/T I)F JEVELOPIfJEJIIr fl6n7S ~E/J1EN"r . (SPECIFY TYPE OF INSTRUME~.ee. J. The premisis herein is situated in v' Real Property Tax Service Agency Verification Block 0;;,00 Lot OIO.dOO 1000 09600 0200 010002 6 Satisfaction/Discharges/Release List Property Owners Mailing Address RECORD & RETURN TO: inniss/! /J. SPiM ~u/.; OP JO/.l77f()Lb, VnvIJ 1'i!.Gsc.eY/fT/C/'lJ 5309-> fr€'. c2..s-,) .p 0, BdJ( //71 St)~ 77IoJ..IJ / If'l 1197/ - (J 9tS'9 7 Title # 8 mlj-OU> / flSSOCI/f7tS , -<:r:. 5 Community Preservation Fund Consideration Amount $ -1 'i''17, '139 - . CPF Tax Due $ \ Improved Vacant Land t./ TD IO{J7J TD TD made by: TO TO U/ 1\/ (j F S tJ t./ 77ItJ4tJ SUFFOLK COUNTY, NEW YORK, In the Township of \. \tJ t./.77# Lfl In the VILLAGE or HAMLET of BOXES 6 THROUGH 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. l' _ H_ ..~ (' LI nIhJ61./l!: . -- Dear Taxpayers, Your satisfaction of mortgage nas b~en filed in my office @~ I am enclosing the original copy for your records. If a portion of your monthly mortgage payment includedYol.!r property taxes, vou will now need to contact vour local Town Tax Receiver so that vou m~v be billed directlv for all future property tax bills. " . ". . ," ", " ,., ,'. , ' ' ,.,- .", Local property taxe~ ar,e payable twice a year: on or before Janu,ary lOth and on or befqre May 31 ,t Failure to make paym~nts in a timely fa~hion could,result i" a penalty. Plelilse contact your local TOWn tax Receiver with any ques(ipns regarding tax payme"ts, ,. ,. .,' . " Babylon Town Receiver of Taxes 200 East Sunrise Highway North Lindenhurst, NY 11757 (631) 957-3004 Riverhead Town Receiver of Taxes 200 Howeu A venue Riverhead, NY 11901 (631) 727-3200 Brookhaven Town Re~eiver of Taxes 250 East Main Street Port Jefferson, NY 11777 (631)473-0236 Shelter Island Town Receiver oflip(es Shelt~r Islanq Town Hall Shelter Isl,and, NY 11964 (63]) 749,3338 East Hampton Town Receiver of Taxes 300 Pantigo Place East Hampton, NY 11937 (631) 324-2770 Smithtown Town Receive'r ofTax~s 99 West Main Street Smithtown, NY I 1787 (63]) 360-7610 Huntington Town Receiver of Taxes 100 Mqin Street Huntington, NY 11743 (631) 351-3217 Southampton Town Receiver of Taxes 116 Hampton Road Southampton, NY 11968 (631) 2~3-~514 IsIip Town Receiver of Taxes 40 Nassau A venu,e Islip,NY 11751 (631) 2+4-5580 Southold ToWn Receiver of Taxes 53095 Main Road Southold, NY 11971 (631) 765-18.03 Sincerely, l&1~H.t/! ~ Edward P. Romaine Suffolk COl,lnty Clerk GRANT OF DEVELOPMENT RIGHTS EASEMENT THIS DEED OF DEVELOPMENT RIGHTS EASEMENT, is made on the 11th day of May, 2007 at Southold, New York. The parties are MACARI ASSOCIATES LLC, 95-40 Roosevelt Avenue, Jackson Heights, New York 11372 (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 (herein call "Grantee"). INTRODUCTION WHEREAS, Grantor is the owner in fee simple of certain real property consisting of 25.6936 acres located at 4735 Cox Lane, Cutchogue in the Town of Southold, Suffolk County, New York, part of SCTM# 1000-96-2-10, more fully described in SCHEDULE A attached hereto, made a part hereof and hereinafter referred to as the "property"; and as shown on the survey dated January 10, 2007 and certified January 26, 2007, prepared by Peconic Surveyors, P.c. WHEREAS, the Property is located in the AC Zoning District of the Town of Southold which designation, to the extent possible, is intended to prevent the unnecessary loss of those currently open lands which contain prime agricultural soils as outlined in the Town Code of the Town of Southold, Section 280-12 (the "Town Code"). The Property is designated as part of Suffolk County Tax Map Parcel Number1000-96- 02-10; and WHEREAS, the Property contains soils 25.69 acres of soil classified as Class I and Class II worthy of conservation as identified by the United States Department of Agriculture Natural Resources Conservation Service Soil Survey of Suffolk County, New York; and WHEREAS, The Federal Farm and Ranch Lands Protection Program's purpose is to purchase conservation easements on land with prime, unique, or other productive soil for the purpose of protecting topsoil from conversion to nonagricultural uses (16 U.S.c. 3838h and 3838i). Under the authority of the Farm and Ranch Lands Protection Program, the United States Department of Agriculture Natural Resources Conservation Service (hereinafter the "United States" or "NRCS") has provided NINE HUNDRED AND TWENTY-FOUR THOUSAND-NINE HUNDRED AND SIXTY-SIX DOLLARS AND 10/100 to the Grantee and for the acquisition of this Easement, entitling the United States to the rights identified herein. WHEREAS, the Property is part of the New York State Agricultural District #1, and the Grantor wishes to continue using the Property for agricultural production as presently referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended; and WHEREAS, the Property is currently in agricultural use as cover crop; and WHEREAS, it is the policy of the Town of Southold, 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 Section 272-a of the 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 agricultural economy; and WHEREAS, the Property in its present.scenic and agricultural condition has substantial and significant value as an aesthetic and agricultural resource in that it has not been subject to any extensive development; and WHEREAS, Grantor and Grantee recognize the value and special character of the region in which the Property is located, and Grantor and Grantee have, in common, the purpose and objective of protecting and conserving the present state and inherent, tangible and intangible values of the Property as an aesthetic, natural, scenic and agricultural resource; and WHEREAS, Grantee has determined it to be desirable and beneficial and has requested Grantor, for itself and its successors and assigns, to grant a Development Rights Easement to Grantee in order to restrict the further development of the Property while permitting compatible uses thereof; NOW THEREFORE, in consideration of ONE MILLION EIGHT HUNDRED AND FORTY-NINE THOUSAND NINE HUNDRED AND THIRTY-NINE DOLLARS AND 20 CENTS ($1,849,939.20) 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 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 ownership and the exclusive right of occupancy and of use of the Property, subject to the limitations, condition, covenants, agreements, provisions and use restriction hereinafter set forth, which shall constitute and shall be servitudes upon and with respect to the Property. The Grantor, for himself, and for and on behalf of his legal representatives, successors and assigns, hereby covenants and agrees as follows: 0.01 Grantor's Ownership Grantor warrants to the Grantee that Grantor is the owner of the Property described in Schedule A, free of any mortgages or liens, as set forth in Stewart Title Report # Sf-S- 8362 and possesses the right to grant this easement. 0.02 Grantee's Status Grantee warrants and represents to Grantor that Grantee is a municipal corporation organized and existing under the laws of the State of New York State and is authorized under Section 64 of the New York State Town Law and Section 247 of the New York 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 Puroose The parties recognize the environmental, natural, scenic or agricultural values of the Property that foster and have the common purpose of preserving these values. This Deed 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 scenic, agricultural, environmental and natural values, including its prime, statewide important and unique agricultural soils, by preventing the use or development 2 of the Property for any purpose or in any maimer 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 enactment of Environmental Conservation Law, Article 49-0301, et. seq. and General Municipal Law, Section 247. Similar recognition by the federal government includes Section 170(h) of the Internal Revenue Code and other federal statutes. 0.05 Documentation Grantee acknowledges by acceptance of this Development Rights Easement that present uses of the Property are compatible with the purposes of this Easement. Grantee makes this determination based on a survey dated January 10, 2007 prepared by Peconic Surveyors, P.c. and an Environmental Site Assessment dated January 15, 2007 prepared by Nelson, Pope & Voorhis, LLC. 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 Tvoe 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 Definition "Development Rights" shall mean the permanent legal interest and right to prohibit or restrict the use of the Property for use other than agricultural production as that term is referenced in Section 247 of the New York General Municipal Law and/or defined in Chapter 70 of the Town Code and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, now or as it may be amended. No future restrictions or limitation in the definition shall preclude a use which is permitted under the current law and/or 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. The word "Grantor" when used herein shall include all of those persons or entities. Any rights, obligations, and interests herein granted to Grantee shall also be deemed granted to each and every one of its subsequent agents, successors, 3 and assigns, and the word "Grantee" when used herein shall include all of those persons or entities. ARTICLE TWO SALE GRANTOR, for 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 Structu res No structures may be erected or constructed on the Property except as permitted by the Southold Town Land Preservation Committee and other applicable provisions of the Town Code and 4.06 of this Easement. For purposes of this Easement, "structure" shall be defined as anything constructed or erected on or under the ground or upon another structure or building, including walkways. Structures shall not include trellis, fences, posts and wiring, farm roads or farm irrigation systems, structures necessary to implement NRCS approved conservation practices, or fencing used in connection with bonafide agricultural production, including without limitation fencing to keep out predator animals. Approvals for these shall be as required by applicable provisions of the Town Code. 3.02 Excavation and Removal of Materials: Mining The excavating or filling of the Property, except as may be necessary to construct and maintain permitted structures and improvements on the Property, or in connection with necessary drainage and soil conservation programs, shall be prohibited, without the prior written consent of Grantee. Mineral exploitation, and extraction by any method, surface or subsurface, is prohibited. The removal of topsoil, sand, or other materials shall not take place, nor shall the topography of the Property be changed except to construct and maintain the permitted structures and improvements on the Property and for purposes of erosion control and soil management, or in connection with normal agricultural/horticultural activities, without the prior written consent of Grantee. 3.03 Subdivision The Property may not be subdivided pursuant to Town Law Sections 265, 276 or 277 or Section 335 of the Real Property Law, as they may be amended, or any other applicable State or local law. "Subdivision" shall include the division of the Property from which development rights are acquired into two or more parcels, in whole or in part. Notwithstanding this provision, the underlying fee interest may be divided by conveyance of parts thereof to heirs or next of kin by will or operation of law. Further, notwithstanding the restrictions contained in this 3.03, Grantor may, subject to approval by the Planning Board of the Town of Southold and as otherwise required by the Town Code, reconfigure existing property lines with contiguous parcels for the purpose of agricultural production. All resulting parcelS must be at least 10 acres of preserved land. The United States Secretary of Agriculture shall be notified prior to such conveyance and shall approve any reconfiguration of property lines prior to such reconfiguration. 4 3.04 Dumoing The dumping or accumulation of unsightly or offensive materials including, but not limited to trash, garbage, sawdust, 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. All signs are subject to regulatory requirements ofthe Town. 3.06 Utilities The creation or placement of overhead utility transmission lines, utility poles, wires, pipes, wells or drainage and septic systems on the Property shall be prohibited without the prior written consent of the Grantee, except for drywells, drainage or systems used to service permitted agricultural or conservation uses on the property. Utilities must, to the extent possible, be constructed within 30 feet of the centerline of roads or driveways, and may be used solely to service the permitted structures on the property. 3.07 Prohibited Uses The use of the Property for any permanent or temporary residential, commercial or industrial use shall be prohibited. For the purposes of this section, agricultural production, as that term is referenced in Section 247 of the General Municipal Law and lor defined in Chapter 70 of the Town Code, shall not be considered a commercial use. 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. 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 NRCS. 3.09 Conservation Plan All agricultural operations on the Property shall be conducted in a manner consistent with a resource management system (RMS) Conservation Plan (the "Conservation Plan") prepared by the NRCS utilizing the standards and specifications of the NRCS Field Office Technical Guide and approved by the Suffolk County Soil and Water Conservation District. All lands enrolled in the Farm and Ranch Lands Protection will be subject to the Conservation Plan. Grantor shall give Grantee copies of the Conservation Plan upon request and advise Grantee of amendments thereto so as to enable Grantee to keep its records current. 5 3.10 Conservation Comoliance Provisions of the Conservation Plan As required by Section 12381 of the Food Security Act of 1985, as amended, the Grantor, his/her heirs, successors, or assigns, shall conduct all agricultural operations on the Property in a manner consistent with a conservation plan prepared in consultation with NRCS and approved by the Suffolk County Soil and Water Conservation District. This Conservation Plan shall be developed using the standards and specifications of the NRCS Field Office Technical Guide (FOTG) and 7 CFR Part 12 that are in effect on May 11, 2007. However, the Grantor may develop and implement a conservation plan that proposes a higher level of conservation and is consistent with the NRCS Field Office Technical Guide standards and specifications. NRCS shall have the right to enter upon the Property, with advance notice to the Grantor, in order to monitor compliance with the Conservation Plan. In the event of noncompliance with the Conservation Plan, NRCS shall work with the Grantor to explore methods of compliance and give the Grantor a reasonable amount of time, not to exceed twelve months, to take corrective action. If the Grantor does not comply with the Conservation Plan, NRCS will inform Grantee of the Grantor's noncompliance. The Grantee shall take all reasonable steps (including efforts at securing voluntary compliance and, if necessary, appropriate legal action) to secure compliance with the Conservation Plan following written notification from NRCS that (a) there is a substantial, ongoing event or circumstance of non-compliance with the Conservation Plan, (b) NRCS has worked with the Grantor to correct such noncompliance, and (c) Grantor has exhausted its appeal rights under applicable NRCS regulations. If the NRCS standards and specifications for highly erodible land are revised after the date of this Grant based on an Act of Congress, NRCS will work cooperatively with the Grantor to develop and implement a revised conservation plan. The provisions of this section apply to the highly erodible land conservation requirements of the Farm and Ranch Lands Protection Program and are not intended to affect any other natural resources conservation requirements to which the Grantor may be or become subject. 3.11 Drainaae The use of the Property for a leaching or sewage disposal field shall be prohibited, except to service the permitted structures on the property. The use of the Property for a drainage basin or sump shall be prohibited, except in accordance with sound agricultural management practices and the Conservation Plan in order to control flooding or soil erosion on the Property. 3.12 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 the pre-existing structures, and as provided in Section 4.06, and the parties agree that such 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 6 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. 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, New York, State, or federal law. 4.04 Landscaoina Activities Grantor shall have the right to continue the current and/or customary modes of landscaping, pruning and grounds maintenance on the Property. Grantor shall have the right to remove or restore trees, shrubs, or other vegetation when dead, diseased, decayed or damaged or interfering with agricultural production, to thin and prune trees, to maintain or improve the appearance of the property, and to mow the property. 4.05 Agricultural Activities Grantor shall have the right to engage in all types of agricultural production as the term is referenced in Section 247 of the General Municipal Law and/or defined in Chapter 70 of the Town Code, and including the production of crops, livestock and livestock products as defined in Section 301(2)(a)-(i) of the NYS Agriculture and Markets Law, provided that such activity shall be conducted in accordance with the purposes of this Easement and the Conservation Plan. Notwithstanding the definition of agricultural production in Chapter 70 of the Town Code, structures shall be prohibited except as set forth in Section 4.06. 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 Code of the Town of Southold and subject to the approval of the Town of Southold Land Preservation Committee, provided the improvements are consistent with and do not derogate from or defeat the Purpose of this Easement or other applicable laws: (i) Underground facilities used to supply utilities solely for the use and enjoyment of the Property; (ii) Relocation of barns from other properties and new construction, including drainage improvement structures, provided such structures are necessary for or accessory to agricultural production and lot coverage does not exceed two (2) percent of the Property; (iii) Renovation, maintenance and repairs of structures built pursuant to this Section 4.06, provided the primary purpose of the structure remains agricultural production. 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. 7 C. Environmental Sensitivity During Construction. The use and location of any improvement permitted hereunder shall be consistent with the purposes intended herein, and construction of any such improvement shall minimize disturbances to the environment. Grantor shall employ erosion and sediment control measures to mitigate any storm water runoff, including but not limited to minimal removal of vegetation, minimal movement of earth and minimal clearance of access routes for construction vehicles. D. Replacement of Improvements. In the event of damage resulting from casualty loss to an extent which renders repair of any existing improvements 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 two (2) per cent lot coverage limitation in Section 4.06A(ii) and to review and written approval of Grantee, pursuant to applicable provisions of the Town Code. 4.07 Alienabilitv Grantor shall have the right to convey, mortgage or lease all of its interest in the Property but only subject to this Easement. Grantor shall promptly notify Grantee and the United States Secretary of Agriculture of any conveyance of any interest in the Property, including the full name and mailing address of any transferee, 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 forth the date, office, Iiber 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. Grantor hereby gives notice that the premises are being conveyed to Peconic Land Trust, Incorporated, 296 Hampton Road, P.O. Box 1776, Southampton, New York 11969, immediately following the granting of this easement. Any reference in this Easement to Grantor shall be deemed to refer to Grantor's successors as to any period after such conveyance. ARTICLE FIVE GRANTOR'S OBliGATIONS 5.01 Taxes and Assessments Grantor shall continue to pay all taxes, levies, and assessments and other governmental or municipal charges, which may become a lien on the Property, including any taxes or levies imposed to make those payments. This provision shall not preclude Grantor from contesting such amounts and from deferring payment during such contest period. 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 Liability and Indemnification Grantee and the United States have no obligations whatsoever, express or implied, relating to the use, maintenance or operation of the Property. Grantee's or the United States' exercise of, or failure to exercise, any right conferred by this Easement shall not be deemed to be management or control of the activities on the Property. Grantee shall not be liable to Grantor for injuries or death to persons or damage to property or any other harm in connection with Grantee's administration and/or enforcement of this Easement, unless such harm is due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor agrees to indemnify and hold harmless Grantee, and the United States of America from any and 8 all costs, claims or liability, including but not. limited to reasonable attorneys fees arising from any personal injury, accidents, negligence or damage relating to the Property, or any claim thereof, unless due to the negligence of Grantee or its agents, in which case liability shall be apportioned accordingly. Grantor further agrees to indemnify and hold harmless Grantee, and the United States of America, from and against any and all claims, costs, expenses, fines, penalties, assessments, citations, personal injury or death, and the like arising from or out of the existence (actual or alleged) of Hazardous Materials (as defined in Section 5.02A) whatsoever on or under the Property. 5.02A Environmental Warranty "Environmental Law" or "Environmental Laws" means any and all Federal, state, local or municipal laws, rules, orders, regulations, statutes, ordinances, codes, guidelines, policies or requirements of any governmental authority regulating or imposing standards of liability or standards of conduct (including common law) concerning air, water, solid waste, hazardous materials, worker and community right-to-know, hazard communication, noise, radioactive material, resource protection, subdivision, inland wetlands and watercourses, health protection and similar environmental health, safety, building and land use as may now or at any time hereafter be in effect. "Hazardous Materials" means any petroleum, petroleum products, fuel oil, waste oils, explosives, reactive materials, ignitable materials, corrosive materials, hazardous chemicals, hazardous wastes, hazardous substances, extremely hazardous substances, toxic substances, toxic chemicals, radioactive materials, infectious materials and any other element, compound, mixture, solution or substance which may pose a present or potential hazard to human health or the environment. Grantor warrants that it is in compliance with and shall remain in compliance with, all applicable Environmental Laws. Grantor warrants that there are no notices by any governmental authority of any violation or alleged violation of, non-compliance or alleged non-compliance with or any liability under any Environmental Law relating to the operations or conditions of the Property. Except as may be set forth in an environmental report obtained by Grantee prior to the date of this Easement, Grantor warrants that it has no actual knowledge of a release or threatened release of any Hazardous Materials on, at, beneath or from the Property. Moreover Grantor hereby promises to defend and indemnify the Grantee and hold harmless and indemnify the Grantee and the United States against all litigation, claims, demands, penalties and damages, including reasonable attorneys' fees, arising from or connected with the release or threatened release of any Hazardous Materials on, at, beneath or from the Property, or arising from or connected with a violation of any Environmental Laws by Grantor or any other prior owner of the Property. Grantor's indemnification obligation shall not be affected by any authorizations provided by Grantee to Grantor with respect to the Property or any restoration activities carried out by Grantee at the Property; provided, however, that Grantee shall be responsible for any Hazardous Materials contributed after this date to the Property by Grantee. ARTICLE SIX GRANTEE'S RIGHTS 6.01 Entrv and Insoection Grantee shall have the right to enter upon the Property at reasonable times, not more frequently than annually without Grantor's consent, 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. Representatives of the United States Department of Agriculture shall also have the right to enter the Property for monitoring 9 conservation plan implementation, upon prior notice to Grantor and not more frequently than annually without Grantor's consent. Grantee shall not have the right to enter upon the Property for any other purposes, except as provided in Section 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 and to enforce this right by any action or proceeding that Grantee may reasonably deem necessary. However, Grantor shall not be liable for any changes to the Property resulting from causes beyond the Grantor's control, including, without limitation, fire, flood, storm, earth movement, wind, weather or from any prudent action taken by the Grantor under emergency conditions to prevent, abate, or mitigate significant injury to persons or to the Property resulting from such causes. 6.03 Enforcement Riahts 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 in 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 fifteen (15) 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 Grantee's election, (i) To institute a suit to enjoin or cure such breach, default or violation by temporary and/or permanent injunction, (ii) To enter upon the Property and exercise reasonable efforts to terminate or cure such breach, default or violation and/or to cause the restoration of that portion of the Property affected by such breach, default or violation to the condition that existed prior thereto, or (iii) To 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. (iv) The cure period in this Section 6.03 may be extended for a reasonable time by Grantee is such restoration cannot reasonably be accomplished within 15 days. 6.04 Notice All notices required by this Easement must be written. Notices shall be delivered by hand or registered mail, return receipt requested, or by certified mail, 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 10 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 for the attention of the Supervisor and the Town Attorney, or to such other address as Grantee may designate by notice in accordance with this Section 6.04. Notice shall be deemed given and received as of the date of its manual delivery or three business days after the date of its mailing. Where notice is required to the United States of America or to the NRCS, such notice shall be delivered to U.S. Department of Agriculture, NRCS, c/o Commodity Credit Corporation, State Conservationist, The Galleries of Syracuse, 441 South Salina Street, Suite 354, Syracuse, New York 13202-2450. Notice to the NRCS shall be deemed notice to the United States of America. 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 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 Extinauishment of Easement At the mutual request of Grantor, Grantee, and United States of America, 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 (Purpose), extinguish or modify this Easement in accordance with applicable law. In that case, the mere cessation of farming on the Property shall not be construed to be grounds for extinguishment of this Easement. Notwithstanding the foregoing, if condemnation by exercise of the power of eminent domain approved in advance by the United States Department of Agriculture NRCS, make impossible the continued use of the Property for Purpose of this Easement as described in Section 0.03 (Purpose) herein, the restrictions may be extinguished by judicial proceeding. In either case, upon any subsequent sale, exchange or involuntary conversion by the Grantor, Grantee shall be entitled to a portion of the proceeds from any subsequent sale or other disposition of the Property, or title insurance proceeds, in accordance with Section 7.12 (Proceeds) herein. 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. 7.02 Amendment This Conservation Easement may be amended only with the written consent of Grantee and Grantor at the time of any such amendment and with the written approval of the Secretary of the United States Department of Agriculture. Any such amendment shall be consistent with the Purpose of this Easement and shall comply with the NYS Conservation Law or any regulations promulgated thereunder. Any such amendment shall be duly recorded. This Easement is made with the intention that it shall qualify as a Conservation Easement in perpetuity under I.R.C. Section 170(h). The parties agree to amend the provisions of this Easement if such amendment shall be necessary, to entitle Grantor to meet the requirements of Code Section 170(h). Any such amendment shall apply 11 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 and other applicable laws upon adoption of a local law authorizing the alienation of such rights and interests, 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 the property rights or interests that were acquired by the Town prior to any such amendment. The United States of America shall also consent to any such alienation. In addition to the limitations set forth above, Grantee shall have the right, subject to the provisions of Section 7.11 (Contingent Rights of United States of America) herein, 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 Section 170(h) of the Code, provided that transferee expressly agrees to assume the responsibility imposed on the Grantee by this Easement. Any easement transfer must be approved by the Grantor or any subsequent owner, and the United States Department of Agriculture, NRCS. If the Grantee ever ceases to exist, a court of competent jurisdiction may transfer this Easement to another qualified public agency that agrees to assume the responsibilities imposed by this Easement. The United States Department of Agriculture, NRCS, will be notified in writing, in advance of such transfer. The NRCS State Office must approve the choice of any new non-governmental organization in advance of any transfer of this Easement. 7.04 Severability Any provision of this Easement restricting Grantor's activities, which is determined to be invalid or unenforceable by a court, shall not be invalidated. Instead, that provision shall be reduced or limited to whatever extent that court determines will make it enforceable and effective. Any other provision of this Easement that is determined to be invalid or unenforceable by a court shall be severed from the other provisions, which shall remain enforceable and effective. 7.05 Governina Law New York Law applicable to deeds and easements pertaining to land located within New York shall govern this Easement in all respects, including validity, construction, interpretation, breach, violation and performance. 7.06 Interpretation Regardless of any contrary rule of construction, no provision of this Easement shall be construed in favor of one of the parties because it was drafted by the other party's attorney. No alleged ambiguity in this Easement shall be construed against the party whose attorney drafted it. If any provision of this Easement is ambiguous or shall be subject to two or more interpretations, one of which would render that provision invalid, then that provision shall be given such interpretation as would render it valid and be consistent with the purposes of this Easement. Any rule of strict construction designed to limit the breadth of the restrictions on use of the Property shall not apply in the construction or interpretation of this Easement, and this Easement shall be interpreted broadly to effect the purposes of this Easement as intended by the parties. The parties intend that this Easement, which is by nature and character primarily negative in that Grantor has restricted and limited his right to use the Property, except 12 ", as otherwise recited herein, be constrl:Jed at.all times and by all parties to effectuate its purposes. 7.07 Public Access Nothing contained in this Easement grants, nor shall be interpreted to grant, to the public any right to enter upon the Property or to use any images of the property for public or commercial use. 7.08 Warranties The warranties and representations made by the parties in this Easement shall survive its execution. 7.09 Recording Grantee shall record this Easement in the land records of the office of the Clerk of the County of Suffolk, State of New York. 7.10 Headings The headings, titles and subtitles herein have been inserted solely for convenient reference, and shall be ignored in its construction. 7.11 Contingent Rights of the United States of America In the event that Grantee fails to enforce any of the terms of this Easement, as determined in the sole discretion of the Secretary of the U.S. Department of Agriculture, the said Secretary of Agriculture and his or her successor and assigns shall have the right to enforce the terms of this Easement through any and all authorities available under Federal or State law. In the event that Grantee attempts to terminate, transfer or otherwise divest itself of any rights, title or interest of this Easement without the prior consent of said Secretary and without payment of consideration to the United States as provided herein, then, at the option of such Secretary, all right, title and interest in this Easement shall become vested in the United States of America. 7.12 Proceeds The grant of this Easement gives rise to a property right, immediately vested in Grantee, which, for purposes of calculating proceeds from a sale or other disposition of the Property as contemplated under Section 6.06 (Extinguishment of Easement), shall have a value equal to a percentage of the value of the Property unencumbered by this Easement (the "Proportionate Share"). The Proportionate Share is determined by dividing the value of this Easement, calculated as of the date hereof, by the unencumbered value of the Property, also calculated as of the date hereof. The Proportionate Share is 74.27%. The Proportionate Share shall remain constant (subject to reasonable adjustment to the extent permissible under Section 170(h) of the Internal Revenue Code for any improvements which may hereafter be made on the Property). If any part or all of this Easement is extinguished pursuant to Section 6.06, the proportional shares of the Grantee and the United States of America are 50.01%, and 49.99% , respectively, representing the proportion each party contributed to the purchase price of the easement IN WITNESS WHEREOF, Grantor has executed and delivered and Grantee has accepted and received this Deed of Easement on the day and year set forth above. 13 ACKNOWLEDGED AND ACCEPTED: MACARI. SOCIA ES LLC BY: .~ '\ ~~~ ACKNOWLEDGED AND ACCEPTED: TOWN OF SOUTHOLD, Grantee BY: ~~~~~ 1>.e'fu-t1 Supervisor Y. 5EfE~OSfL I Acceptance of Property Interest by the Natural Resources Conservation Service The Natural Resources Conservation Service, an agency of the United States Government, hereby accepts and approves the foregoing conservation easement deed, and the rights conveyed there'n, on behalf of the United States of America. Authorize Signatory for th MARILYN CASSIDY STEP State of New York ) County of -.BI ~ ), ss: On the IOlfl...- day of ~ in the year 2007 before me, the undersigned, personally appeared Marilyn assidy Stephenson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. ( j) ~ (Ie ~;~)/~ Signature/office of individual taking acknowledgement STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this I ~day of /J! /1111 in the year 2007 before me, the undersigned, personally appeared )!;"'7s:J: ~ ' personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individu s) acted, executed the instrument. THALIA C. lAWLOR NolBry Public. State of New Yorlc No. 01 LA 6138507 Qual~ied in Albany COunty Commission Expires December 19. 200ll DONNA McGAHAN Notary Public, State of New lbItI No. 01MC4851459 Qualified In Suffolk Coullly Commlaalon Explrea Aug. 18,.a181 '20/0 14 '. . Notary Public STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this II day of /fJ1I'I in the year 2007 before me, the undersigned, personally appeared V6I/N I'. SEI"ClYOS,,(/ , personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. fJd./J;/~ Notary Public 'I? . .Jdt.- PATRICIA l. FALLON Notary Public, Stat~ (If New York No.01FA4950146 Qualified In Suffolk County ,.,~ Commission Expires April 24, rrvll C:\My Documents\Anne\Town of Southold Deeds of Development Rights\mACARIWITHFEDERAL.doc 15 " Stewart Title Insurance Company Titleillo, 81'-S-8362 Schedule A Description (AMEl'o'DED 2/7/07) ALL that certain plot, piece or parcel of land lying, anel being at Cutchogue, Town of Southold, County of Suffolk and Slate of New York, more particularly bounded and des.;ribed as follows: BEGINNIN(; at a monument set in the Southwesterly side of Cox's Lane at L'le division line between premises described herein and lands now or formerly Anne Marie Goeder Revocable Living Trust (Town of South old Development Rights) which said point is distant 752,OJ feet Northwesterly from a railroad monument: RUNNING THE1\ CE along said last mentioned 11lIIds the following 2 courses and distances: 1. South 30 degrees 17 minutes 52 seconds West 616, 16 feet: 2, South 56 degrees 25 minutes 48 seconds East 562,18 feet [0 a monument and lands now or formerly LIRR: THEl'CE along said lands ofLlRR: I, South 47 degrees 53 minutes 22 seconds West 200,00 feet 2. South 56 degrees 25 minutes 48 seconds East 15.48 feet; 3. South 47 degrees 50 minutes 32 seconds West 329.80 feet to lands now or formerly RHX Corp. THEl'CE along said lands 110W or formerly RHX Corp.: 1. North 56 degrees 36 minutes 48 seconds West 1301.46 feet: 2. North 34 degrees 22 minutes 00 seconds Ea~t 514,14 fcet to a monument: 3. North 55 degrees 39 minutes 00 seconds West 10.00 feet to a monument and lands now or formerly Cutchogue Fire District: TIIE]';CE along said lands now or formerly Cutchogue Fire DistIi,'t 'lorrh 38 degrees 43 minutes 20 seconds East 552.12 feet to a monument and lands now or t,)rmerly Minnie Borawa: THEl'CE along said lands !lOW or formerly Y1innie Borawa 'lorth 40 degrees 22 minutes 36 seconds East 69.90 feet to a monument in the Southwesterly side of Cox's Lane; THEl'CE South 56 degwes 22 minutes 13 seconds East 2lJ.45 feCll,) the re"CJ'v<,d area:, THE~CE along the reserved area: I. South 30 degrees 17 minutes 52 seconds West 200.00 feet: 2, South 56 degrees 22 minutes 13 seconds Easr 400.68 feet: 3. North 30 degrees 17 minutes 52 seconds East 200.00 feet [0 the Southwest side of Cox's Lane: THEl'CE South 56 degrees 22 minutes 13 degrees East along the Southwesterly side of Cox's Lane 150.25 feet to the monu.ment, the point or place of BEGI:'>NING. TCX3ETHER with all right, title and interest of the party of the first part. in and to the land lying in the street in front of and adjoining said premises, . i,~~~~:;",u;'~~::rW;~,M.,-m,;.o,L~'_"j ~:':"~:i'~~':':;~P~~~,: ,;~:,.~:.4i.:':-:;:;,:":,,,~' ., ':,:",~:,;,:.;:.., I ALTA Owner's Policy (6.17.06) . POLICY OF TITLE INSURANCE ISSUED BY -- '1 L~~~~r:!y Any notice or claim and any other nollce or slalementln writing required to be gl...n the Company under this Policy must b. given to the Company atlhe address shown in Seclion 18 of the Conditions. COVERED RISKS SUI3Jo.CT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THO. CONDITIONS. STEWART TITLE INSURANCE COMPANY. . New York corporallon, (the 'Company") Insu",s. as of Date or Policy an<!. to the ~)(l~~nt elal!:!d In Covered Rieks 9 and 10, after OElte of f:JQlicy, l)I9l;l1ln~t IO$s or damag@, not exceeding tha Amount o1InsuranC9. sustalngd or inCI,lrred by the insured be reason of; 1. Title being veeted other lI1en e. ststed in Schedule A. 2. Any defect in or lien or encumbrance on Ihe Title. ThIs Covered RIsk Includes but ;s not limited to insurance against lOBS from (a) A defect in the ntle caused by (i) forgery, freud. undue influence, dure... incompetency, incapacity, or Imp.roonollon; (II) failure of any person or Entity to have authorized a transfer or conveyance; 1111) 0 documentaffeeting Till. not prope~y cr..ted. e'9Culed. witMesed. ...Ied, acknowledged. nolarl~ed, or dallvered; (Iv) rallure to perfonn tho~e act& necessary to creete a document by electronic means author1zed by law (v) a document executed onder. fal.iliod, expired, or othe,..,;eelnvalid power or sttome~ (vt) a document not proper1y flied, recorded. or Indexed In the Public Records including failure to perform those acts by electronic: means authorized by law: or (vii) f.I detective judicial or administrative proceeding. (b) The lien of real estate taxes or assessments Imposed on the TItle by a governmental authortty dUB Dr payable, but unpaid. (c) Any encroachment. encumb",nce, viol.lion, v.ri.llon, or adveree clrcumslance affeellng 111. 11lle lI1at would be dlscJoaad by an accurate and complete land survey of the Land. The term nencroachment" Includes encroachments of existing Improvements located on the Land onto adjoining land. and encroachments onto the land of existing improvements located 01'1 adjoining land. 3. UnmarkE!!Bble Title. 4. No right of access to and from the Land. 5. The violation or enforcerT1ent of any law. ordinance, permit, or governmental regulation (including those relating to building and zoning) ",slricllng. "'gulollng. prohibiting, or rolellng to (8) the otlcvpancy, U~, or enjoyment of the land; (b) the character, dlmenaionl;. or location of any Improvement erected on the Land: (c) the subdivision of land; or (d) environmental protoctlon if a notice. describing any part of the Land, is recorded in the Public Recon:ls seltlng forth the violation or lntenUon to ~nforcE!, but only to the extent of the violation or enforcement referred to In that notlce_ 6. An enforcement 3ction based on the exercJse of a governmental police pO'N'er not covered by CoverE!d RI~k 5 if a nollca or the enforcement ectlon, describing any perl or the Land. i~ recorded In the Public Records, but only to the ,,,,tenl of the enfo",.ment r.ferred to in th.t noliee. 7. The exercise of the rights of em in ant domain ~ a notice of the exercise. describing any part ofCh. Land, Is "'COrded In the Public Records. a. Any taking by a governmental body Ihat has occurred and Is binding on the rights of a purchaser for IIElJue wlthQut Knowledge. CmJnteraigl1lK1 by: Stewart Title insurance Company Au!oo"."d SIf2'5"'lJaylis Road Suite 201 __MeJJ!.iJkIY..fl.JrYQ.r.ld.1..747 Company Plume: (631} 501-9615 172;1,- '63'j SOl ~'~~ City, StElle ~ ,.." ,. \ JI. ... ~~ ~~~ ~- "'-Id~ :Ju a C----L.~I lloc"'lllty -= ~ .," 101 Polley SmfnlNo. 0.8901 009070 File No.: STEWART TITLE INSURANCE COMPANY HEREIN CALLED THE COMPANY STANDARD NEW YORK ENDORSEMENT (Owner's Policy) Tid.No.: ST-S-8361 Date ofTssue: May 11 , 2007 ATfACHED TO AND MADE A PART OF POLlCY NUMBER 0-8901-9064 1. CoVeRd Risk Number 2(c) is deleted. 2. The following is added as a Covered Risk: "II. Any statutory lien for services, labor or materials furnished prior to the date her~of, and which hIlS now gaincd or which may hereafter gain priority over the estate or interest of the iosured as shown in Schedule i\ of this policy." 3. Exclusion Number 5 is deleted, and the following is substimted: 5. Any lien on the Title for real estate taxes, asseSSMents, water charges or sewer nmts imposed by govenun.nta! aurl,ortty and croated or attaching betwecn 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 pan ofthe policy. Except as it expressly states, it does not (1) modilY any of the tenns and provisions of the policy, (ii) modifY any prior endorsoments, (Hi) extend the Date of Policy, or (iv) increase the Amount of Insurance. To the extent a provisio" of the policy or a previous endorsement is inconsistent with an expre.. provision of this endorsement, this endorsement controls. Otherwise, lhis endorsement is subject to all of the tenus and provisions of the policy and orany prior endorsements. Signed on: STEW ART TITLE INKU~AKCI COM'~~V Stewart Title lnsurance Company ~c ~- 'a~ 8SCl'9lmry Signed by: ,~m_ Aut orized Office or Agent Stewart Title Insurance Company 125 Baylis Road, Suite 2111 Melville, New York 11747 STANDARD NEW YORK ENDORSEMENT (511107) FCIR USE WITH ALTA OWNER'S POLICY (&-17.(J6) Stewart Title Insurance Company 125 Baylis Road, Suite 201 Melville New York 11747 Phone: (631) 501-9615 Fax: (631) 501-9623 Title No: ST-S-8362 Date: June 12,2007 Melanie Doroski Town of Southold - Land Preservation 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 RE: Borrower/Current Owner: Premises: Town of Southold 4735 Cox Lane Cutchogue, New York 11935 Reference: 25.3 acres In reference with the above captioned transaction, enclosed please find the following: AMENDED Owners Title Policy NOTE: Any corrections or questions, please do not hesitate to call. ALTA OWNER'S POLICY (6/17/06) SCHEDULE A File No,: ST-S-8362 Policy No,: 0-8901-9064 Amount ofInsurance: $1,849,939.20 Premium: $7,619.00 Date of Policy: 5/11/2007 1. Name of Insured: Town of Southold 2. The estate or interest in the land that is encumbered by the Insured Mortgage is: Easements 3. Title is vested in: The Town of Southold and The United States of America by and through The Secretary of Agriculture, their successors and/or assigns, who acquired Developmental Rights by virtue of an easement from Macari Associates, LLC, dated 5/11/2007 and to be recorded in the Suffolk County Clerk's Office. 4. The Land referred to in this policy is described as follows: See Schedule A Description, attached hereto and made a part hereof. ALTA OWNER'S POLICY (6/17/06) SCHEDULE A DESCRIPTION File No,: ST-S-8362 Policy No,: 0-8901-9064 (AMENDED 2/7/07) ALL that certain plot, piece or parcel ofland lying, and being at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument set in the Southwesterly side of Cox's Lane at the division line between premises described herein and lands now or formerly Anne Marie Goerler Revocable Living Trust (Town of Southold Development Rights) which said point is distant 752,03 feet Northwesterly from a railroad monument; RUNNING THENCE along said last mentioned lands the following 2 courses and distances: I, South 30 degrees 17 minutes 52 seconds West 616,\6 feet; 2, South 56 degrees 25 minutes 48 seconds East 562,18 feet to a monument and lands now or formerly LIRR; THENCE along said lands ofLIRR: I, South 47 degrees 53 minutes 22 seconds West 200,00 feet 2. South 56 degrees 25 minutes 48 seconds East 15.48 feet; 3, South 47 degrees 50 minutes 32 seconds West 329,80 feet to lands now or formerly RHX Corp. THENCE along said lands now or formerly RHX Corp.; I, North 56 degrees 36 minutes 48 seconds West 1301,46 feet; 2. North 34 degrees 22 minutes 00 seconds East 514,\4 feet to a monument; 3. North 55 degrees 39 minutes 00 seconds West 10.00 feet to a monument and lands now or formerly Cutchogue Fire District; THENCE along said lands now or formerly Cutchogue Fire District North 38 degrees 43 minutes 20 seconds East 552.12 feet to a monument and lands now or formerly Minnie Borawa; THENCE along said lands now or formerly Minnie Borawa North 40 degrees 22 minutes 36 seconds East 69.90 feet to a monument in the Southwesterly side of Cox's Lane; THENCE South 56 degrees 22 minutes 13 seconds East 213.45 feet to the reserved area; THENCE along the reserved area: ALTA OWNER'S POLICY (6/17/06) 1, South 30 degrees 17 minutes 52 seconds West 200.00 feet; 2. South 56 degrees 22 minutes 13 seconds East 400.68 feet; 3. North 30 degrees 17 minutes 52 seconds East 200.00 feet to the Southwest side of Cox's Lane; THENCE South 56 degrees 22 minutes 13 degrees East along the Southwesterly side of Cox's Lane 150,25 feet to the monument, the point or place of BEGINNING. ALTAOWNER'S POLICY (6/17/06) SCHEDULE B PART I File No,: ST-S-8362 Policy No.: 0-8901-9064 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. Policy will except the terms and conditions of the Grant of Development Rights Easement to be executed by the Grantor and the Town of Southold. 2. Survey by Peconic Surveyors last dated 1/25/07 shows premises and more. Reading as to subject premises as follow field edge of lawn from reserved area encroaches onto subject premises; hedge located on part of Northwest line; wood straddle part of Easterly line. 9. COVERED RISKS (Continued) Title being vested other than as slated in Schedule A or being defective (a) as a result of the avoidance in whole or in part, or from a court order providing an alternative remedy, of a transfer of aU or any part of the title to or any interest in the Land occurring prior to the transaction vesting Title as shown in Schedule A because that prior transfer constituted a fraudulent or preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws; or (b) because the instrument of transfer vesting Title as shown in Schedule A constitutes a preferential transfer under federal bankruptcy, state insolvency, or similar creditors' rights laws by reason of the failure of its recording in the Public Records (i) to be timely, or (ii) to impart notice of its existence to a purchaser for value or to a judgment or lien creditor. 10. Any defect in or lien or encumbrance on the Title or other matter included in Covered Risks 1 through 9 that has been created or attached or has been filed or recorded in the Public Records subsequent to Date of Policy and prior to the recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. The Company will also pay the costs, attorneys' fees, and expenses incurred in defense of any matter insured against by this Policy, but only to the extent provided in the Conditions. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of lhis policy, and the Company will not pay loss or damage, costs, attorneys' fees, or expenses that arise by reason of: 1. (a) Any law, ordinance, permit, or governmental regulation (including those relating to building and zoning) restricting, regulating, prohibiting, or relating to (i) the occupancy, use, or enjoyment of the Land; (ii) the character, dimensions, or location of any improvement erected on the Land; (m) the subdivision of land; or (iv) environmental protection; 4. or the effect of any violation of these laws, ordinances, or governmental regulations. This Exclusion 1 (a) does not modify or limit the coverage provided under Covered Risk 5. (b) Any governmental police power. This Exclusion 1(b) does not modify or limit the coverage provided under Covered Risk 6. 2. 2. Rights of eminent domain. This Exclusion does not modify or limit the 5. coverage provided under Covered Risk 7 or 8. 3. Defects, liens, encumbrances, adverse claims, or other matters (a) created, suffered, assumed, or agreed to by the Insured Claimant; CONDITIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "Amount of Insurance": The amount stated in Schedule A, as may be increased or decreased by endorsement to this policy, increased by Section 8(b), or decreased by Sections 10 and 11 of these Conditions. (b) "Date of Policy": The date designated as "Date of Policy" in Schedule A. (c) "Entity": A corporation, partnership, trust, limited liability company, or other similar legal entity (d) "Insured": The Insured named in Schedule A. (i) The term "Insured" also includes (A) successors to the Title of the Insured by operation of law as distinguished from purchase, including heirs, devisees, survivors, personal representatives, or next of kin; (8) successors to an Insured by dissolution, merger, consolidation, distribution, or reorganization; (C) successors to an Insured by its conversion to another kind of Entity; (D) a grantee of an Insured under a deed delivered without payment of actual valuable consideration conveying the Title (1) if the stock, shares, memberships, or other equity interests of the grantee are wholly-owned by the named Insured, (2) if the grantee wholly owns the named Insured, (3) if the grantee is wholly-owned by an affiliated Entity of the named Insured, provided the affiliated Entity and the named Insured are both wholly-owned by the same person or Entity, or (4) if the grantee is a trustee or beneficiary of a trust created by a written instrument established by the (b) not Known to the Company, not recorded in the Public Records at Date of Policy, but Known to the Insured Claimant and not disclosed in writing to the Company by the Insured Claimant prior to the date the Insured Claimant became an Insured under this policy; (c) resulting in no loss or damage to the Insured Claimant; (d) attaching or created subsequent to Date of Policy (however, this does not modify or limit the coverage provided under Covered Risk 9 and 10); or (e) resulting in loss or damage that would not have been sustained if the Insured Claimant had paid value for the Title. Any claim, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that the transaction vesting the Title as shown in Schedule A, is (a) a fraudulent conveyance or fraudulent transfer; or (b) a preferential transfer for any reason not stated in Covered Risk 9 of this policy. Any lien on the Title for real estate taxes or assessments imposed by governmental authority and created or attaching between Date of Policy and the date of recording of the deed or other instrument of transfer in the Public Records that vests Title as shown in Schedule A. Insured named in Schedule A for estate planning purposes. (ii) With regard to (A), (B), (C), and (D) reserving, however, all rights and defenses as to any successor that the Company would have had against any predecessor Insured. (e) "Insured Claimant": An Insured claiming loss or damage. (f) "Knowledge" or "Known": Actual knowledge, not constructive knowledge or notice that may be imputed to an Insured by reason of the Public Records or any other records that impart constructive notice of matters affecting the Title. (g) "Land": The land described in Schedule A, and affixed improvements that by law constitute real property. The tenn "Land" does not include any property beyond the lines of the area described in Schedule A, nor any right, title, interest, estate, or easement in abutting streets, roads, avenues, alleys, lanes, ways, or waterways, but this does not modify or limit the extent that a right of access to and from the Land is insured by this policy. (h) "Mortgage": Mortgage, deed of trust, trust deed, or other security instrument, including one evidenced by electronic means authorized by law. (i) "Public Records"; Records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without Knowledge. With respect to Covered Risk Sed), "Public Records" shall also include environmental protection liens filed in the records of the clerk of the United States District Court for the district where the Land is located. (j) "Tille": The estate or interest described in Schedule A. (k) "Unmarketable Title": Title affected by an alleged or apparent matter that would permit a prospective purchaser or lessee of the Title or lender on the Title to be released from the obligation to purchase, lease, or lend if there is a contractual condition requiring the delivery of marketable title. FileNo.: Page 2 Serial No.: 0- CONDITIONS (Continued) 2. CONTINUATION OF INSURANCE The coverage of this policy shall continue in force as of Date of Policy in favor of an Insured, but only so long as the Insured retains an estate or interest in the Land, or holds an obligation secured by a purchase money Mortgage given by a purchaser from the Insured, or only so long as the Insured shalt have liability by reason of warranties in any transfer or conveyance of the Title. This policy shall not continue in force in favor of any purchaser from the Insured of either (i) an estate or interest in the Land, or (Ii) an obligation secured by a purchase money Mortgage given to the Insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The Insured shall notify the Company promptly in writing (i) in case of any liUgation as set forth in Section 5(a) of these Conditions, (ii) in case Knowledge shall come to an Insured hereunder of any claim of title or interest that is adverse to the Title, as insured, and that might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if the Title, as insured, is rejected as Unmarketable Title. If the Company is prejudiced by the failure of the Insured Claimant to provide prompt notice, the Company's liability to the Insured Claimant under the policy shall be reduced to the extent of the prejudice. 4. PROOF OF LOSS In the event the Company is unable to determine the amount of loss or damage, the Company may, at its option, require as a condition of payment that the Insured Claimant furnish a signed proof of loss. The proof of loss must describe the defect, lien, encumbrance, or other matter insured against by this policy that constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage 5. DEFENSE AND PROSECUTION OF ACTIONS (a) Upon written request by the Insured, and subject to the options contained in Section 7 of these Conditions, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an Insured in litigation in which any third party asserts a claim covered by this policy adverse to the Insured. This obligation is limited to onty those stated causes of action alleging matters insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the Insured to object for reasonable cause) to represent the Insured as to those stated causes of action. It shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs, or expenses incurred by the Insured in the defense of those causes of action that allege matters not insured against by this policy. (b) The Company shall have the right, in addition to the options contained in Section 7 of these Conditions, at its own cost, to institute and prosecute any action or proceeding or to do any other act that in its opinion may be necessary or desirable to establish the Titte, as insured, or to prevent or reduce loss or damage to the Insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable to the Insured. The exercise of these rights shall not be an admission of liability or waiver of any provision of this policy. If the Company exercises its rights under this subsection, it must do so diligently. (c) Whenever the Company brings an action or asserts a defense as required or permitted by this policy, the Company may pursue the litigation to a final determination by a court of competent jurisdiction, and it expressly reserves the righI, in its sole discretion, to appeal any adverse judgment or order. 6. DUTY OF INSURED CLAIMANT TO COOPERATE (a) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding and any appeals, the Insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, including the right to use, at its option, the name of the Insured for this purpose. Whenever requested by the Company, the Insured, at the Company's expense, shall give the Company all reasonable aid (i) in securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act that in the opinion of the Company may be necessary or desirable to establish the Title or any other matter as insured. If the Company is prejudiced by the failure of the Insured to furnish the required cooperation, the Company's obligations to the Insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. (b) The Company may reasonably require the Insured Claimant to submit to examination under oath by any authorized representative of the Company and to produce for examination, inspectlon, and copying, at such reasonable times and places as may be designated by the authorized representative of the Company, all records, in whatever medium maintained, including books, ledgers, checks, memoranda, correspondence, reports. e-mails, disks, tapes, and videos whether bearing a date before or after Date of Policy, that reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Insured Claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect, and copy all of these records in the custody or control of a third party that reasonably pertain to the loss or damage. All information designated as confidential by the Insured Claimant provided to the Company p'ursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Insured Claimant to submit for examination under oath, produce any reasonably requested information, or grant permission to secure reasonably necessary information from third parties as required In this subsection, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this policy as to that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Insurance. To pay or tender payment of the Amount of Insurance under this policy together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment or tender of payment and that the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations of the Company to the Insured under this policy, other than to make the payment required in this subsection. shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. (b) To Payor Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) To payor otherwise settle with other parties for or in the name of an Insured Claimant any claim Insured against under this policy. In addition, the Company will pay any costs, attorneys' fees. and expenses Incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay; or (ii) To payor otherwise settle with the Insured Claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees, and expenses incurred by the Insured Claimant that were authorized by the Company up to the time of payment and that the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in subsections (b)(l) or (ii), the Company's obligations to the Insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, Including any liability or obligation to defend, prosecute, or continue any litigation, CONDITIONS (Continued) File No.: Page 3 Serial No.: 0- II 8. DETERMINATION AND EXTENT OF LIABILITY This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the Insured Claimant who has suffered loss or damage by reason of matters insured against by this policy. (a) The extent of liability of the Company for loss or damage under this policy shall not exceed the lesser of (i) the Amount of Insurance; or (ii) the djfference between the value of the Title as insured and the value of the Title subject to the risk insured against by this policy. (b) If the Company pursues its rights under Section 5 of these Conditions and is unsuccessful in establishing the Title, as insured. (i) the Amount of Insurance shall be increased by 10%, and (ii) the Insured Claimant shall have the right to have the loss or damage determined either as of the date the claim was made by the Insured Claimant or as of the date it is settled and paid. (c) In addition to the extent of liability under (a) and (b), the Company will also pay those costs, attorneys' fees, and expenses incurred in accordance with Sections 5 and 7 of these Conditions. 9. LIMITATION OF LIABILITY (a) If the Company establishes the Title, or removes the alleged defect, lien, or encumbrance, or cures the lack of a right of access to or from the Land, or cures the claim of Unmarketable Title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused to the Insured. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals, adverse to the Title, as insured. (c) The Company shall not be liable for loss or damage to the Insured for liability voluntarily assumed by the Insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees, and expenses, shall reduce the Amount of Insurance by the amount of the payment. 11. LIABILITY NONCUMULATIVE The Amount of Insurance shall be reduced by any amount the Company pays under any policy insuring a Mortgage to which exception is taken in Schedule 8 or to which the Insured has agreed, assumed, or taken subject. or which is executed by an Insured after Date of Policy and which is a charge or lien on the Title, and the amount so paid shall be deemed a payment to the Insured under this policy. 12. PAYMENT OF LOSS When liability and the extent of loss or damage have been definitely fixed in accordance with these Conditions, the payment shall be made within 30 days. v 13. RIGHTS OF RECOVERY UPON PAYMENT OR SETTLEMENT (a) Whenever the Company shall have settled and paid a claim under this policy, it shall be subrogated and entitled to the rights of the Insured Claimant in the Title and all other rights and remedies in respect to the claim that the Insured Claimant has against any person or property, 10 the extent of the amount of any loss, costs, attorneys' fees, and expenses paid by the Company. If requested by the Company, the Insured Claimant shall execute documents to evidence the transfer to the Company of these rights and remedies. The Insured Claimant shall permit the Company to sue, compromise, or settle in the name of the Insured Claimant and to use the name of the Insured Claimant in any transaction or litigation involving these rights and remedies. If a payment on account of a claim does not fully cover the loss of the Insured Claimant, the Company shall defer the exercise of its right to recover until after the Insured Claimant shall have recovered its loss. (b) The Company's right of subrogation includes the rights of the Insured to indemnities, guaranties, other policies of insurance, or bonds, notwithstanding any terms or conditions contained in those instruments that address subrogation rights. 14. ARBITRATION Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association rRules~). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured. All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached to it by the Company is the entire policy and contract between the Insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage that arises out of the status of the Title or by any action asserting such claim shall be restricted to this policy. (c) Any amendment of or endorsement to this policy must be in writing and authenticated by an authorized person, or expressly incorporated by Schedule A of this policy. (d) Each endorsement to this policy issued at any time is made a part of this policy and is subject to aU of its terms and provisions. Except as the endorsement expressly states, it does not (i) modify any of the terms and provisions of the policy, (ii) modify any prior endorsement, (Iii) extend the Date of PoHcy~ or (iv) increase the Amount of Insurance. 16. SEVERABILITY In the event any provision of this policy, in whole or in part, is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision or such part held to be invalid, but all other provisions shall remain in full force and effect. 17. CHOICE OF LAW; FORUM (a) Choice of Law: The insured acknowledges the Company has underwritten the risks covered by this policy and determined the premium charged therefore in reliance upon the law affecting interests in real property and applicable to the interpretation, rights, remedies, or enforcement of policies of title insurance of the jurisdiction where the land is located. Therefore, the court or an arbitrator shall apply the law of the jurisdiction where the Land is located to determine the validity of claims against the Title that are adverse to the Insured and to interpret and enforce the terms of this policy. In neither case shall the court or arbitrator apply its conflicts of law principles to determine the applicable law. (c) Choice of Forum: Any litigation or other proceeding brought by the Insured against the Company must be filed only in a state or federal court within the United States of America or its territories having appropriate jurisdiction. 18. NOTICES, WHERE SENT Any notice of claim and any other notice or statement in writing required to be given to the Company under this policy must be given to the Company at Claims Department at 300 East 42"d St, 101h Floor, New York, NY 10017. FileNo.: Page 4 Serial No.; 0- . i CLOSING STATEMENT MACARI ASSOCIATES, LLC to TOWN OF SOUTHOLD Total Development Rights Easement - 25.6936 acres Total Parcel Acreage - 27.5302 acres Reserved Area - 1.8366 acres Premises: 4735 Cox Lane, Cutchogue SCTM #1000-96-2-p/o 10 Closing took place on Friday, May 11, 2007 at 1 :00 p.m., Southold Town Hall Annex Purchase Price of $ 1,849,939.20 (based upon 25.6936 buildable acres @ $72,000/buildable acre) disbursed as follows: Payable to Macari Associates, LLC Check #91103 (5/11/07) $ 1,849,939.20 Expenses of Closing: Appraisals Payable to Patrick A. Given, SRPA $ Check #76069 (4/20/04) 2,300.00 Payable to John S. Goess Realty Appraisal, Inc. $ Check #89037 (12/19/06) 2,950.00 Payable to Given Associates, LLC $ Check #89894 (2/27/07) 500.00 Survev Payable to Peconic Surveyors, PC Check #89775 (2/13/07) $ 4,800.00 Environmental Report (Phase I ESA) Payable to Nelson, Pope & Voorhis, LLC Check #90510 (3/27/07) $ 800.00 Title Report Payable to Stewart Title Insurance Company Check #91104 (5/11/07) $ 7,944.00 Fee insurance Recording easement Certified easement Franchise Report $ 7,619.00 $ 250.00 $ 50.00 $ 25.00 Title Closer Attendance Fee Payable to Patricia Fallon Check #91102 (5/11/07) Those present at Closing: John Sepenoski Lisa Clare Kombrink, Esq. Joseph Macari, Sr. louis Macari Joseph Macari, Jr. Abigail A. Wickham, Esq. Donna McGahan Timothy Caufield Stephen Searl Susan Q. Tuths, Esq. Patricia Fallon Melissa Spiro Melanie Doroski $ 100.00 Southold Town Deputy Supervisor Attorney for Town of South old Seller Seller Seller Attorney for Seller Representative for A. A. Wickham, Esq. Peconic land Trust Vice President Peconic land Trust Attorney for Peconic land Trust Title Company Closer land Preservation Coordinator land Preservation Administrative Asst , TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD, NEW YORK 11971.0959 5/11 CLOSING 091103 NO. , 50-546 '" THE SUFFOLK COUNT'( NATIONAL BANK CUTCHOGUE, NY 11935 DATE CHECK NO. AMOUNT 05/11/200.7 91103 $1,849,939.20 ONE MILLION EIGHT HUNDRED FORTY NINE THOUSAND NINE HUNDRED THIRTY NINE AND 20/100 DOLLARS PAYTO THE ORDER OF MACARI ASSOCIATES LLC 95-40 ROOSEVELT AVENUE JACKSON HEIGHTS NY 11372 M" ~ (iJ ~~____.___. ./ '- lI'O'H~Ojll' I:On1,OS1,I;1,I: I; j 000001, Ou' VENDOR OJ 7.823 MACARI ASSOe"TA1'RS T,Le" " O'i/ll !?007 r'URr'U Q1 1 n~ '\ FrnJD s.. }'..CCOrnlT r.o. # Ilf'v"OICIJ DEJCRIF:FrCH AHOUH'f H2 .8686.2.000.000 051107 DEV RIGHTS-25.6 1,849,939.20 TOTAL 1,849,939.20 --------_./ TOWN OF SOUTH OLD . SOUTHOLD, NY 11971-0959 ~GIVEN ASS 0 etA T [ S PATRICK A. GIVEN, SRPA box 5305' 550 route 111 . hauppauge, n.y. 11788-0306 (631) 360-3474 FAX 360-3622 March 26, 2004 Melissa Spiro, Land Preservation Coordinator Town of Southold Land Preservation Committee 53095 Main Road Southold, N.Y. 11971 Re: Property of Macari Associates, LLC S.C.T.M. #1000-84-4-1 and #1000-96-2-10 Located Westerly side of Cox Lane, Cutchogue, NY File #2004045 GLIOBS 20 View I Vendor.. 007416 Y~Select JE Date Trx.Date Fund Account ------------------------- Use Actl X 4/20/2004 4/20/2004 H3 .600 9/07/2004 9/07/2004 H3 .600 11/04/2004 11/04/2004 H3 .600 11/30/2004 11/30/2004 H3 .600 12/28/2004 12/28/2004 H3 .600 3/01/2005 3/01/2005 H3 .600 3/01/2005 3/01/2005 H3 .600 TOWN OF SOUTHOLD ** Actual Hi GIVEN, SRPA/PATRICK -------------------------------- E F2~Shift Up F3~Exit FIO~Prev View Select Record(s) or Use Action Code $2,300.00 fB)~~~~W~fn1 lfll MAR 2 9 2004 Ud) om Of LAND PRESERVATION Disburs Inquiry by Vendor Name ............. .Detail--GLI00N.............. W-04202004-235 Line: 157 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 4/20/2004 SDT 4/21/04 : Trx Amount... 2,300.00 Description.. APPRAISAL-MACARI ASSOC Vendor Code.. 007416 Vendor Name.. GIVEN, SRPA/PATRICK A. Alt Vnd.. CHECK........ 76069 SCNB Invoice Code. 2004045 VOUCHER..... . P.O. Code.... 12074 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 4/20/2004 Date Cleared. 4/30/2004 F3=Exit F12=Cancel . . ......................................... . John S. Goess Realty Appraisal, Inc. REAL ESTATE APPRAISERS AND CONSULTANTS Office: (681) 650-9401 Ceu- (516) 817-9109 'L""',J,', /?:;>,/:/';;;;<' ,,'" " """ 'L'",>,:;,,;, ;i:";<,,~Y:i' Invoice Number: Macari - Cox Lane PO # 16339 000 s. C..oess R#tr Appraisal, Inc. 12/7/06 ~ Date Vendor: John S. Goess Realty Appraisal, Inc_ 28 Donna Place President East Islip, NY 11730 t I%y J<M, s, Goe" Title Federal Tax LD: 20-4414259 Melissa Spiro - Southold T 0l\11 . Dcpt of Land Preservtion Goods or Services Delivered To ,i'; , <""~,i~:<:ji.~ "')iL,/ic ~ :i",,","'<;,;',,' 2,LDi}u 12/7/2006 SeD Contained Appraisal Report of Real Property "Macari" - WIS of Cox's Lane, Slof Middle Road 4735 Cox's Lane - Cutchogue, NY SCTM# 1000-96-2-10 Valuation of development rights' easement Assigned: 11/02/06 -;:-: In IE: lln lit II WI Ie: n I LJ. ," II II 11.\i Ui;:. '- G /"/., ~ , I... I ~'; :-~'[~:,:-,,\~~~' ,- H_._,~ " "- -,--" .,_. -- FINAL IJILLING T olal Due [ $2,950 We thallK you lilr the UPPOltUllity to be of service and tn.Jslll1al you arc sali5fied with our work bul if; for aIlY reason, you should have any questions or cOlwnenL<; conCCmJilg our suvices OF our JilVoice, please contact us IiI11JlCdia.tely. KliJdly re]]]it payment wit/lJil 30 daF~'. GLI0BS 20 View' 1 Vendor.. 010599 Y=Select JE Date Trx.Date Fund Account ----------------------------- Begi ~ 12/19/2006 12/19/2006 H3 .600 TOWN OF SOUTHOLD ** Actual Hi JOHN S GOESS REALTY -------------------------------- E F2=Shift Up F3=Exit FI0=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. .Detail--GLIOON.............. W-12192006-716 Line: 192 Formula: 0 : : Account.. H3 .600 : Acct Desc ACCOUNTS PAYABLE : Trx Date..... 12/19/2006SDT 12/18/06 : : Trx Amount... 2,950.00 : Description.. MACARI APPRAISAL : Vendor Code.. 010599 Vendor Name.. JOHN S GOESS REALTY APPR : Alt Vnd.. CHECK........ 89037 seNB : Invoice Code. 120706 VOUCHER..... . P.O. Code.... 16339 Project Code. Final Payment F Liquid. : Type of 1099. N BOX. Add1. Fixed Asset.. Y : Date Released 12/19/2006 Date Cleared. 2/28/2007 F3=Exit F12=Cance1 . . ......................................... . ~GIVEN ASS 0 G I ATE r. 548 Route 111 I PO Box 5305 Hauppauge, NY 11788 631-360-3474 Fax 631-360-3622 Bill To Town of Southold P.O. Box 1179 Southold NY 11971-0959 l Invoice Date Invoice # 2/1/2007 232 Please make check payable to: GIVEN ASSOCIATES, LLC. File No. Terms 2006300 Due upon Receipt Description Amount Appraisal of Real Property of Macari Associates, LLC Located 500.00 4735 Cox Lane Cutchogue, NY S.C.T.M. #1000-96-2-10 Disburs Inquiry by Vendor Name Hi ............. .Detail--GLlOON.............. LL W-02272007-365 Line: 123 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 2/27/2007 SDT 2/26/07 Trx Amount... 500.00 Description.. APPRAISAL-MACARI Vendor Code.. 007416 Vendor Name.. GIVEN ASSOCIATES LLC Alt Vnd.. CHECK........ 89894 Invoice Code. 232 VOUCHER..... . P.O. Code.... 16511 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 2/27/2007 Date Cleared. 3/31/2007 F3=Exit F12=Cancel GLl08S 20 View 1 Vendor.. 007416 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti 1/30/2007 1/30/2007 H3 .600 X 2/27/2007 2/27/2007 H3 .600 3/13/2007 3/13/2007 H3 .600 3/13/2007 3/13/2007 H3 .600 3/27/2007 3/27/2007 H3 .600 TOWN OF SOUTHOLD ** Actual GIVEN ASSOCIATES -------------------------------- E F2=Shift Up F3=Exit F10=Prev View S~lect Record(s) or Use Action Code SCNB . . .......................................................................... .. PECONIC SURVEYORS, P.C. P.O. Box 909 1230 Traveler Street Southold, N.Y. 11971 (631) 765-5020' Fax (631) 765-1797 .JANUARY 23RD, 2007 TOWN OF SOUTHOLD P.O. BOX 1 179 SOUTHOLD NY 11971 ATTENTION: MS. M. DOROSKI FOR P~tstoNA'L'"StRVICES RENDERED, 4,BOO.OO SURVEY AS PER ~UOTE SUFFOLK COUNTY TAX MAP 1000-96-02-10 ~:~~~~~~::~~ ARNED~~~:~'~lI~:IOR UPON COMPLETION. 'I..:,,^ AND MASTERCARD WELCOMED GL108S 20 View 1 Vendor.. 016144 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Acti X 2/13/2007 2/13/2007 H3 .600 2/13/2007 2/13/2007 H3 .600 4/24/2007 4/24/2007 H3 .600 4/24/2007 4/24/2007 H3 .600 4/24/2007 4/24/2007 H3 .600 5/08/2007 5/08/2007 H3 .600 5/08/2007 5/08/2007 H3 .600 TOWN OF SOUTHOLD ** Actual Hi PECONIC SURVEYORS, -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ............. .Detail--GL100N.............. W-02132007-233 Line: 418 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 2/13/2007 SDT 2/12/07 Trx Amount... 4,800.00 Description.. SURVEY-MACARI Vendor Code.. 016144 Vendor Name.. PECONIC SURVEYORS, P.C. A1t Vnd.. CHECK........ 89775 Invoice Code. 07-102 VOUCHER..... . P.O. Code.... 16346 Project Code. Final Payment F Type of 1099. N Fixed Asset.. Y Date Released 2/13/2007 Date Cleared. 2/28/2007 F3~Exit F12~Cance1 SCNB Liquid. BOX. Add1. . . ......................................... . Nelson, Pope & Voorhis, LLC 5.72 W?lt Whitman Road Phone: 631-427-5665 Melville NY 11747 Fax: 631-427-5620 Property: 07004 Project: V A02295 Macari Property, Cutchogue Manager: McGinn, Steven Invoice To: Town of South old DeDt of Land Preserv Town Hall 53095 State Rt 25, PO Box 1179 Southold NY 11971 Attention: Melissa A Spiro Invoice #: 4731 March 14,2007 Invoice Date: MAKE CHECKS PAYABLE TO NELSON POPE & VOORHIS $800.00 Invoice Amount Contract Item #1: Prepare Phase I Environmental Site Assessment Work Performed thru 1/16/07 Contract Amount: Percent Complete: Fee Earned: Prior Fce Billings: $800.00 100.00% $800.00 $0.00 Current Fee Total: $800.00 *** Total Project Invoice Amount $800.00 TOWN OF SOUTHOLD ** Actual Hi NELSON, POPE & VOOR GL108S 20 View 1 Vendor.. 014161 Y=Select JE Date Trx.Date Fund Account ------------------------- Use Actl 9/05/2006 9/05/2006 H3 .600 9/05/2006 9/05/2006 H3 .600 10/03/2006 10/03/2006 H3 .600 12/05/2006 12/05/2006 H3 .600 12/19/2006 12/19/2006 H3 .600 1/02/2007 1/02/2007 B .600 1/30/2007 1/30/2007 B .600 3/27/2007 3/27/2007 B .600 3/27/2007 3/27/2007 H3 .600 3/27/2007 3/27/2007 H3 .600 ~ 3/27/2007 3/27/2007 H3 .600 4/10/2007 4/10/2007 B .600 4/24/2007 4/24/2007 H3 .600 -------------------------------- E F2=Shift Up F3=Exit F10=Prev View Select Record(s) or Use Action Code Disburs Inquiry by Vendor Name ..... e........ .Detail--GLIOON.............. W-03272007-684 Line: 289 Formula: 0 Account.. H3 .600 Acct Desc ACCOUNTS PAYABLE Trx Date..... 3/27/2007 SDT 3/26/07 Trx Amount... 800.00 Description.. PHASE 1-MACARI DEV RGHTS Vendor Code.. 014161 Vendor Name.. NELSON, POPE & VOORHIS, Alt Vnd.. CHECK........ 90510 SCNB Invoice Code. 4731 VOUCHER..... . P.O. Code.... 16506 Project Code. Final Payment F Liquid. Type of 1099. M BOX. 07 Addl. Fixed Asset.. Y Date Released 3/27/2007 Date Cleared. 3/31/2007 F3=Exit F12=Cancel . . ......................................... . , TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD,NEWYORK11971-0959 5/11 CLOSING 081104 NO, "' 50.546 '" THE SUFl'OlK COUNTY NATIONAL BANK CUTCHQGUE, NY 11935 DATE CHECK NO. AMOUNT 05/11/2007 91104 SEVEN THOUSAND NINE HUNDRED FORTY FOUR AND 00/100 DOLLARS $7,944.00 PAY TO THE ORDER OF STEWART TITLE INSURANCE CO. 125 BAYLIS ROAD, SUITE 201 MELVILLE NY 11747 ~~ M" '- ./ 1I"0"l ~ ~OI,II" 1:0 2 ~I,O 51,(;1,1: (; j 00000 I, Oil" \TI':NDOR 01 'lh?4 ~'1'I':WIIR'1' '1'T'1'T,1': Tl\lC:TTRIINrl': ro ,- 00; III 1?007 . , ("'~P("'l( 9'10<1 " rUl'JD & ACCOUl'J1' F .0. # II~vTOICE DE3CRlfl'fICN kJ.IOUN'f H2 ,8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 H2 .8686.2.000.000 ST-S-8362 ST-S-8362 ST-S-8362 ST-S-8362 TITLE POLICY-MACARI 7,619.00 EASEMENT REC FEE-MACA 250.00 CERT COPY EASEMNT-MACA 50.00 FRANCHISE REPORT-MACAR 25.00 TOTAL 7,944.00 '- ./ TOWN OF SOUTHOLD . SOLJTHOLD. ~JY 11971-0959 ~ TOWN OF SOUTHOLD 53095 MAIN ROAD SOUTHOLD. NEW YORK 11971-0959 50-546 214 "\ 5/11 CLOSING 091102 NO. THE SUFFOLK COUNTY NATlONAl6ANK CuTCHOGUE, NY 11.935 DATE CHECK NO. AMOUNT ONE HUNDRED AND 00/100 DOLLARS 05/11/2007 91102 $100.00 PAY TO THE ORDER OF PATRICIA FALLON 40 WHITE OAK LANE SOUTHAMPTON NY 11968 ~~ '-- NP_____ ./ 11'0'1 ~ W 211' 1:0 2 ~"05"b"l: b 3 00000.. Oil' VRl\TnnR n(lr:;()l ~ Dl:J.'T'RTr'Tn. R7J.T T.n1\T r 05/'J/'200'7 CF.I~CK 911Q3 '\ FUND I> ACCOUWI' P.O. I} IN"vOICIi J)BbCK.L~Y:L01\l AlVjU Ul\ll H2 . 8686 . 2 . 000 . 000 ST-S-8362 TITLE CLOSER-MACARI 100.00 TOTAL 100.00 '- _J TU'NN OF SOUTHOLD. SOUTHOLD, ~N 11971-0959 Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERV AnON COORDINATOR melissa.spiro@town.southold.ny.us MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Russell Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Suffolk County Division of Real Estate Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager Peconic Land Trust, Inc. The Nature Conservancy From: Melissa Spiro, Land Preservation Coordinator Date: May 11, 2007 Re: MACARI ASSOCIATES. LLC to TOWN OF SOUTHOLD plo SCTM #1000-96-2-10 Development Rights Easement - 25.6936 acres Please be advised that the Town has acquired a development rights easement on the agricultural land listed below. If you would like additional information regarding the purchase, please feel free to contact me. LOCATION: 4735 Cox Lane, Cutchogue SCTM #: part of 1000-96-2-10 PROPERTY OWNER: Macari Associates, LLC PURCHASE DATE: Closing took place on Friday, May 11, 2007 PURCHASE PRICE: $1,849,939.20 (based on 25.6936 acres @ $72,OOO/buildable acre) TOTAL PARCEL ACREAGE: 27.5302 acres EASEMENT ACREAGE: 25.6936 acres ZONING: A-C FUNDING: Community Preservation Funds (2% land bank) MISCELLANEOUS: This property is listed on the Town's Community Preservation Project Plan. At a simultaneous closing, Peconic Land Trust, Inc. purchased fee title to the entire parcel after the Town purchased development rights to part of the parcel. This project is on an awarded federal grant and the Town will receive partial reimbursement of the purchase price from the USDA-NRCS.